Committee on the Rights of the Child

Consideration of reports submitted by States parties under article 8, paragraph 1, of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict

Initial reports of States parties due in 2009

Yemen *

[19 January 2012]

Contents

Paragraphs Page

I.Introduction1–24

II.General measures of implementation3–194

A.Report preparation process4–74

B.Legal status of the Optional Protocol under domestic law85

C.Implementation of the Optional Protocol throughout the Republic of Yemen95

D.Age of recruitment105

E.Entities responsible for implementation of the Optional Protocol11–126

F.Dissemination of the Optional Protocol and training13–156

G.Number of children who took part, volunteered or were charged withtaking part in hostilities16–179

H.National monitoring and follow-up mechanism189

I.Difficulties and factors affecting the degree of fulfilment of the State’sobligations under the Optional Protocol199

III.Prevention (arts. 1, 2, 4, para. 2, art. 6, para. 2)20–11210

A.Ensuring that children are not recruited and used in hostilities21–4310

B.Measures taken in respect of children in armed conflict, including physicaland psychological rehabilitation and social reintegration44–6615

C.Children, including child refugees, who are especially vulnerable topractices contrary to the Optional Protocol67–9337

D.Measures taken to prevent attacks on civilian targets that are protectedunder international humanitarian law94–9642

E.Raising awareness of the Optional Protocol97–10543

F.Objectives of education106–11246

IV.Prohibition and related matters (arts. 1, 2 and 4, paras. 1 and 2)113–13048

A.Information on all criminal legislation in force relating to articles 1 and 2of the Optional Protocol113–11548

B.Legal difficulties with the implementation of the Optional Protocol11653

C.Position of Yemen in respect of certain international conventions11753

D.Criminal liability of legal persons118–12154

E.Jurisdiction over the acts and offences referred to under articles 1, 2 and 4of the Optional Protocol122–13055

V.Protection, recovery and reintegration (art. 6, para. 3)131–13759

A.Measures adopted to implement article 6, paragraph 3 to ensure that therights and best interests of child victims of practices prohibited underthe Optional Protocol are protected and respected131–13259

B.Measures adopted to ensure that legal and psychological training is givento persons who work with victims of the offences prohibited under theOptional Protocol133–13559

C.Demobilization programmes provided to child victims of hostilities andassistance with social reintegration, family reunification and physicaland psychological recovery136–13760

VI.International assistance and cooperation138–14860

I.Introduction

1.The Republic of Yemen hereby submits the following report on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict in keeping with its commitment to the full implementation of the Optional Protocol and in recognition of the importance of clarifying the current situation in order to identify the needs that must be addressed if the corresponding principles are to be applied in a constructive, effective and appropriate manner. This will only be achieved based on a national vision of the country’s specific needs in which the State undertakes to uphold and support human rights of all kinds, particularly children’s rights. The submission of this report and of the State’s previous reports on the implementation of the Convention on the Rights of the Child underscore the interest that Yemen takes in children’s rights and in the full protection of children in accordance with the sharia and with the international treaties and instruments to which it is a party.

2.This report focuses mainly on the measures taken by the Government of Yemen to protect children from involvement in armed conflict in general and in hostilities with rebels in the governorate of Sa`dah in particular. It also describes the social, psychological, health and educational services provided to children during various armed conflicts in Yemen. We greatly appreciate the interest that the Committee on the Rights of the Child has shown in the children of Yemen and in all persons subject to the State’s jurisdiction.

II.General measures of implementation

A.Report preparation process

3.A preparatory committee made up of representatives of the Government and of civil society was formed. However, some organizations failed to do their part in the preparatory work, notwithstanding the transparent and participatory approach taken to the drafting, review and discussion process. The committee was chaired by the Secretary-General of the Supreme Council for Motherhood and Childhood and included representatives of the following 16 entities:

Government entities	Non-governmental organizations
1.Technical Secretariat of the Supreme Council for Motherhood and Childhood	11.Al-Saleh Foundation
2.Ministry of Human Rights	12.The Democracy School (secretariat of the Children’s Parliament)
3.Ministry of Social Affairs and Labour	13.NGO coordinating body
4.Ministry of Justice	14.Charitable Society for Social Welfare
5.Ministry of Foreign Affairs	15.Siyaj Organization
6.Ministry of the Interior	16.Yemen Observatory for Human Rights
7.Ministry of Defence
8.Ministry of Legal Affairs
9.Department of Tribal Affairs
10.Central Political Security Organization

4.Working under the direct supervision of the Secretary-General of the Supreme Council for Motherhood and Childhood, the committee members collected information and statistical data on the implementation of the Optional Protocol from governmental and non-governmental organizations.

5.A drafting committee made up of national experts (Technical Secretariat of the Supreme Council for Motherhood and Childhood, Ministry of Social Affairs and Labour and Ministry of Human Rights) who had been involved in drafting, reviewing and discussing the State’s periodic reports on the rights of the child was established. The committee prepared a preliminary draft based on the guidelines established for reporting under the Optional Protocol.

6.A workshop was held on 13 and 14 February 2011 and attended by 40 representatives of governmental and non-governmental organizations. The purpose was to discuss the preliminary draft and solicit feedback that could be used to improve the content. Valuable input was provided and used to update and improve the quality of the information contained in the report. The resulting document provided a more accurate and clearer picture of the situation on the ground.

7.The final draft was submitted to the Technical Committee for Human Rights, which is overseen by the Ministry of Human Rights and made up of representatives of the government entities that deal with human rights. The report was then submitted to the Committee on the Rights of the Child, through the Ministry of Foreign Affairs, in June 2011. The following factors explain why the report was submitted late:

It was difficult to obtain information and reports from relevant entities, because of the exceptional circumstances in Yemen, namely, hostilities in certain parts of the country and the wave of political unrest and upheaval that the State has been tackling for some time now through national dialogue, consultations and similar processes;

Some of the information provided did not meet the requirements in the guidelines. It had to be reviewed and checked directly with the main sources, which entailed additional work.

B.Legal status of the Optional Protocol under domestic law

8.The Optional Protocol acquired the force of law after Act No. 19 of 2004 had been adopted and had entered into force in March 2007, at which time it acquired legal authority in the domestic law order. Most of the country’s laws are in keeping with the spirit of the Optional Protocol.

C.Implementation of the Optional Protocol throughout the Republic of Yemen

9.Upon ratification, pursuant to Act No. 19 of 2004, the Optional Protocol acquired the force of law throughout Yemen.

D.Age of recruitment

10.All the military laws in force in Yemen establish that the minimum age for compulsory or voluntary recruitment into the Armed Forces is 18 years. These laws include Act No. 67 of 1991, concerning service in the Armed Forces and the security forces, Act No. 23 of 1990, concerning the Reserve Forces, and Act No. 22 of 1990, concerning compulsory national service. Hence, these laws are consistent with the Optional Protocol and with the binding declaration.

E.Entities responsible for implementation of the Optional Protocol

11.Several entities are responsible for implementation. The main ones are the Ministry of the Interior, the Ministry of Justice and the Ministry of Social Affairs and Labour. Coordination of implementation activities is assured by the Supreme Council for Motherhood and Childhood and the Ministry of Justice, which work side by side with one another to carry out this task.

12.Various national networks and committees have been established to protect and promote children’s rights. They include the Higher National Committee for Children and Youth, which is chaired by the Vice-President of Yemen, the Technical Committee for Human Rights, which reports to the Ministry of Human Rights, the Technical Committee to Combat Child Trafficking, and the National Child Protection Network. Ten child rights networks are being established in 10 governorates.

F.Dissemination of the Optional Protocol and training

13.The Government cooperates with non-governmental organizations in efforts to raise awareness of international humanitarian law and of the Optional Protocol on the involvement of children in armed conflict. As described below, training courses and seminars have been held and several guides and handbooks have been produced on these topics.

Guides and handbooks

14.The following materials have been produced:

Educational material and a handbook on teaching international humanitarian law to students in grades 7 to 11 was produced by the Ministry of Education;

A training manual for psychologists who work with children suffering from trauma triggered by the war and the armed conflict was produced by the Yemen Medical Charitable Society with support from UNICEF.

Training and awareness-raising activities, seminars and workshops

Item	Programme	Main goal	Target group
1.	A programme to raise awareness of international humanitarian law (conducted in 2003–2008) was extended to include 48 schools in 16 governorates in 2008. The programme was run by the Ministry of Education in conjunction with the International Committee of the Red Cross (ICRC), several government departments, notably the Ministry of Foreign Affairs, and the Yemeni Red Crescent Society.	Raise awareness of international humanitarian law	Teachers
2.	Two courses on protecting children in a state of emergency were run for trainers in the Sa`dah, Amran and Hajjah governorates. The courses were for 30 persons each time, and 75 participants had been trained by the end of 2009. Three training workshops on protecting children in a state of emergency were held for 35 persons in each of the governorates (Sa`dah, Amran and Hajjah) in 2010. The events were run by the Ministry of Social Affairs and Labour with assistance from UNICEF.	Protect children in a state of emergency	Social workers and counsellors
3.	Twenty-five persons were trained in 2008 to provide psychosocial support to child victims of armed conflict in displaced persons’ camps in Sa`dah governorate. The training was delivered by the Sa`dah Women’s Association with assistance from UNICEF.	Deliver psychosocial support to child victims of armed conflict	Teachers
4.	Ten awareness campaigns on the rights of children in conflict zones were run in Sa`dah governorate in 2008. They were conducted by the Islamic Relief Organization with support from UNICEF.	Raise awareness of the rights of children in conflict zones	TeachersHealth workers
5.	Three doctors were given training on treating children who suffer from psychological disorders triggered by the 2005 Sharm al-Sheikh attacks. The training was provided by the Ministry of Social Affairs and Labour in coordination with and with the support of UNICEF.	Build national capacity to deal with victims of war	Doctors
6.	Seventy special education teachers, health workers and local community representatives were trained in Sa`dah governorate on how to deal with adults and children traumatized by the war that took place in conflict zones in Sa`dah in 2007 and 2008. The training was run by the Yemen Medical Charitable Society and supported by UNICEF.	Establish procedures for dealing with adults and children traumatized by the war	TeachersHealth workersLocal community representatives in Sa`dah governorate
7.	A seminar on protecting victims of war according to the sharia and international humanitarian law was held in Aden in April 2005. Attended by 40 persons, the event was organized by the Yemeni Red Crescent Society, Aden University and ICRC.	Disseminate information on victim protection	Islamic scholarsAcademicsReligious dignitariesRepresentatives of local human rights organizations
8.	Thirty children took part in a drawing workshop on the subject of armed conflict. The workshop was organized by the Ibhar Childhood and Creativity Foundation in 2007.	Encourage children to reject war and the idea of participating in war	Children
9.	Eight psychiatrists and social workers from the Ministry of Health and Housing, the Ministry of Social Affairs and Labour, and the Welfare Society took part in a workshop on managing children and adolescents who become traumatized in disaster situations. The event was held in Alexandria in the Republic of Egypt in May 2007.	Provide training on managing trauma experienced by children, adolescents and communities in disaster situations	PsychiatristsSocial workers
10.	A seminar was held on international humanitarian law and the Rome Statute of the International Criminal Court. Attended by 44 judges and members of the prosecution service, it took place in January 2004 and was organized by the Higher Judicial Institute and the ICRC delegation.	Disseminate information about the Rome Statute of the International Criminal Court	Representatives of government entities
11.	Training was provided to 90 members of the police and the border guard who work with victims of child trafficking and to officers of the prosecution service and the Passport Office. Three courses on the Convention on the Rights of the Child were held in June 2009. Two hundred children were trained at homes and centres run by the Foundation on the subject of children’s rights and the Convention. The events were run in coordination with the Democracy School.	Disseminate information on the Convention on the Rights of the Child	Court presidents, members of the prosecution service, lawyers, juvenile police service officers, women’s police service officers, children

15.Yemen hosted the fifth regional meeting of the “Exploring international humanitarian law” programme. The theme was “Five years of experience in practice” and the event was held in Sana`a in November 2007. Thirteen Arab States were represented at the meeting, which was organized by the Ministry of Education, the Yemeni Red Crescent Society and ICRC.

G.Number of children who took part, volunteered or were charged with taking part in hostilities

16.Given that Yemeni law sets the age for voluntary and compulsory recruitment in the forces at 18 years, the Department of Personnel Management and the General Reserve (which registers and recruits members of the Armed Forces on behalf of the Ministry of the Interior and the Ministry of Defence) has no official figures on the recruitment of children below legal age in armed conflict.

17.There are no figures on the number of children who have been used by Al-Huthi rebels in operations in particular districts of the Sa`dah governorate. In a comprehensive child protection assessment that was conducted by the Child Protection Sub-Cluster in Yemen in August 2010, with assistance from UNICEF, 67.5 per cent of caregivers in focus groups in conflict-affected governorates of North Yemen reported that recruitment of children had become an issue of serious and ongoing concern. Some 16.9 per cent of the caregivers interviewed reported that their sons had been forced to participate one way or the other in the armed conflict between the Yemeni Government and Al-Huthi rebels. Many internally displaced persons reported that armed groups in conflict zones systematically recruited children below 18 years of age, some allegedly as young as 14 and 15. Community leaders in the Sa`dah governorate estimated that more than 20 per cent of Al-Huthi fighters were children. Of the children interviewed for the assessment, 15.3 per cent said that they were continually being urged by Al-Huthi groups to join them. One third of caregivers who were interviewed said that they feared their children might be recruited by Al-Huthi groups upon returning to their home area. Many community leaders reported that at least 15 per cent of fighters in the Government-affiliated tribal militia in Sa`dah governorate were below 18 years of age.

H.National monitoring and follow-up mechanism

18.There is currently no independent national mechanism for monitoring and follow-up. This function is performed by the Supreme Council for Motherhood and Childhood, which was established pursuant to Republican Decree No. 321 of 1999. The work is done by the Council’s technical secretariat, in cooperation with governmental and non-governmental organizations and with assistance from UNICEF. There is a programme and a timetable for completing the process leading to the establishment of a national child rights observatory. In coordination with other organizations, with which it will establish an effective network for information sharing, the observatory will record cases where children have been subjected to violence, ill-treatment, neglect and exploitation. It will assess progress made in the realization of children’s rights and in child protection. The observatory will be opened and will begin its work shortly. On another level, the Government intends to establish an independent national human rights institution. Several initiatives and recommendations put forward by the European Union and other international organizations are being reviewed and the hope is that such an institution will be established in the foreseeable future. Some non-governmental organizations work with government agencies on monitoring and follow-up activities.

I.Difficulties and factors affecting the degree of fulfilment of the State’s obligations under the Optional Protocol

19.The process for implementing the Optional Protocol, particularly as regards the establishment of a proper child protection framework, is affected by a number of factors, namely, problems and difficulties associated with the economic situation in Yemen and with tribal customs and traditions. A non-exhaustive list of these factors is provided below:

Tribal conflicts lead to constant warring in certain regions;

The number of private citizens who own and are buying unlicensed weapons is on the rise;

Births are not always registered, especially in remote tribal areas;

Customs and traditions in some tribes encourage young children to bear arms;

The phenomenon of vendettas poses many problems;

The terrain and topography of Yemen pose difficulties;

There are loopholes in the laws as regards penalization of recruitment of children, and children are forced to participate in armed conflict even though this inhumane act is classified as an offence. Recently, however, a provision was included in a draft amendment providing for penalties for recruitment of children below legal age. The draft is being reviewed by a special committee.

III.Prevention (arts. 1, 2, 4, para. 2, art. 6, para. 2)

A.Ensuring that children are not recruited and used in hostilities

20.The State steadfastly complies with the spirit and the letter of the Optional Protocol, as it is persuaded that children’s rights require special protection and that raising the age limit for recruitment into the Armed Forces and for participation in military operations is in children’s best interests. The country’s laws and administrative procedures preclude the compulsory or voluntary recruitment of persons below the age of 18, even in times of emergency. Persons below the age of 18 may not be used or recruited to take part in armed conflict, and Yemeni law makes no distinction between compulsory recruitment and voluntary recruitment.

Main legislative and administrative measures adopted by the State to ensure that children are not recruited into the Armed Forces and do not take part in hostilities

Compulsory recruitment

21.All the applicable military laws set the minimum age for recruitment at 18 years. A non-exhaustive list of legal provisions on this subject is provided hereunder.

22.Article 3 of Act No. 22 of 1990, concerning compulsory national service, states: “National military service is compulsory for all Yemeni males who have reached the age of 18 years.” Article 10 provides: “All citizens who reach the age of 18 shall report to recruitment stations for registration.”

23.Article 11 states: “Recruitment stations may request information from ministries, State institutions, public bodies and organizations, schools, and other entities. These organizations shall assist the authorities with the registration and selection process and the collection of data that recruitment stations need for recruitment decisions.”

24.Article 23 of Act No. 67 of 1991, concerning service in the Armed Forces and the security forces, states: “(a) Records and files shall be compiled for each enlisted man upon commencement of service and shall be maintained in public offices and departments and by the forces, troops and units directly concerned. Instructions to this effect shall be issued pursuant to a decision of the competent minister. (b) The implementing regulation shall detail the procedures for preparing performance reports and the rules and regulations on reporting.”

25.Article 5 states: “(a) The duration of compulsory national service is two years. A recruit may volunteer to serve for a different length of time, subject to approval by the competent services and depending on vacancies. The law on conditions of service in the Armed Forces and security forces and the law on salaries and pay shall apply in such cases. The Ministry of Defence shall establish study programmes to allow students to pursue their studies. (b) For volunteers, the period of compulsory national service shall be taken into account and counted from the time when service actually began, if the person volunteers while carrying out national service. It shall not be so calculated for those who are released from national service and who then wish to volunteer for regular service.”

26.Article 149 of Act No. 45 of 2002, concerning children’s rights, provides: “The State shall comply with applicable international law norms regarding children and protection of children in armed conflict by:

(a)Prohibiting children from bearing arms;

(b)Protecting children from the effects of hostilities;

(c)Protecting children who are adversely affected by vendettas;

(d)Ensuring that children are not involved directly in hostilities;

(e)Ensuring that no person below the age of 18 years is enlisted.

27.Draft amendments to the Child Rights Act are currently before the House of Representatives. One of them amends this article to read as follows:

“The State shall uphold international humanitarian law norms on protecting children from the dangers of armed conflict by:

(a)Prohibiting children from bearing arms;

(b)Shielding them from the dangers and effects of conflict;

(c)Shielding them from the risks of vendettas and tribal conflicts;

(d)Prohibiting the direct involvement of children in hostilities and armed conflict;

(e)Prohibiting the recruitment of children in any military activity.”

Documents required to prove the age of potential recruits

28.There are several steps in the compulsory and voluntary recruitment process. They are described below:

(a)Pre-recruitment

1.Announcement of registration and the registration date;

2.Announcement of registration conditions and criteria;

3.Establishment of panels made up of representatives of the Personnel and General Reserve Department and others to check that potential recruits meet the general and particular legal conditions on eligibility.

(b)Candidates submit a file containing the following items:

1.A copy of their identity card;

2.A birth certificate (if there is one) or an attestation of age;

3.A certificate of good conduct;

4.Photographs of themselves;

5.A questionnaire that has been filled in by the candidate for voluntary or compulsory service and signed by a district leader and the Criminal Investigation Department;

6.A statement on criminal liability for making a false declaration.

(c)Process following submission of recruitment file:

1.The candidate appears before several panels, including a medical panel (Medical Insurance Department) composed of six doctors (internal medicine, ophthalmology, surgery, neurology, dermatology and dentistry), an interview panel, and a physical fitness panel. A full set of the candidate’s fingerprints is taken;

2.An admission panel decides whether or not to endorse the candidate. The purpose of all these procedures is to verify the candidate’s age, state of health and physical fitness.

Lowering of age of conscription in a state of emergency

29.No one below the age of 18 is called up to serve in the Armed Forces or security forces during a state of emergency, a war or general conscription. According to article 3 of Act No. 23 of 1990, concerning the General Reserve, the General Reserve consists of reserve personnel, material reserves and reserve forces. Article 4 provides: “General Reserve personnel comprise the following groups:

“(a)All citizens up to the age of 50 who have completed service of any kind in the Armed Forces or security forces, except for those exempted pursuant to a ministerial decision;

“(b)All male nationals between the ages of 18 and 50;

“(c)The Minister may issue a decision raising the age limits specified in paragraphs (a) and (b) of this article, subject to the exigencies of the military situation and provided that those who are called up are fit for service.”

Hence, according to this article, the Minister may raise the age limits set out in paragraphs (a) and (b). Consequently, there are no laws providing for the age of recruitment to be lowered in exceptional circumstances.

30.The records of the General Reserve contain details of nationals between 18 and 50 years of age. As stated in article 5: “The records of the General Reserve shall contain details of military personnel who have completed service in the Armed Forces and security forces and of citizens between 18 and 50 years of age in the groups listed in article 4 of this Act.”

Suspension of compulsory military service

31.Compulsory national service has been suspended. Article 2 of Act No. 3 of 2001, amending Act No. 22 of 1990, as amended by Act No. 34 of 1998, concerning compulsory military service, states: “The Supreme National Defence Council may suspend the operation of certain provisions of the Compulsory National Service Act, as amended, upon consultation with the House of Representatives, provided that the decision states when the suspension will come into effect and that it is published in the Official Gazette”. The relevant provisions will be reinstated pursuant to a decision of the Supreme National Defence Council or during a state of emergency or general conscription.

Voluntary recruitment

Voluntary recruitment procedure

32.Yemeni law makes no distinction between compulsory recruitment and voluntary recruitment when it comes to establishing the minimum age (18 years) for enlistment in the State’s military or security services or to participation in hostilities. Article 21 of Act No. 67 of 1991, concerning service in the Armed Forces and security forces, spells out the conditions for enlistment by volunteers. The article provides that volunteers who have carried out national service will be accepted into the Armed Forces and security forces if they meet the following criteria:

They are Yemeni nationals;

They have not been convicted of committing a breach of trust, unless they have been rehabilitated;

They have not been discharged or dismissed from the Armed Forces or the security forces pursuant to a final court judgement;

Further provisions on volunteering are to be set out in the implementing regulation, which will establish criteria relating to age, height, academic background and the state of health of volunteers.

33.Under Yemeni law, volunteers for military service will only be accepted if they have completed compulsory national service. As stated in the above-mentioned Act, the age for commencement of national service is 18 years. From a reading of article 21, which was cited above, it is possible to conclude that exceptions may be made to allow for recruitment of volunteers under the age of 18. The article states that the implementing regulation may establish other criteria for volunteers such as age, height, academic and health criteria. However, no such regulation has been issued to date.

34.Act No. 15 of 2000, concerning the police service, states that the minimum age for admission to the police force is 18 years. Article 139 provides that applicants to join the police force must:

Be Yemeni nationals and have a Yemeni father;

Be aged between 18 and 25 years;

Be healthy and fit;

Be at least 150 cm tall;

Have a good conduct record;

Have not been sentenced to deprivation of liberty for committing a breach of trust, unless they have been rehabilitated;

Have not been previously dismissed from public service;

Have the qualifications listed in the regulation;

Not be members of a political party.

35.According to Yemeni law, recruitment is deemed to be voluntary only if those who are recruited have given their sincere and free consent in the process. A military unit can issue an announcement calling for volunteers under the established procedures, which include medical examinations for volunteers and a review of documents to verify the candidates’ age.

36.The minimum length of service is 20 years or a period ending when the recruit reaches the age of 50. This is stipulated in article 105 of Act No. 67 of 1991, concerning service in the Armed Forces and the security forces. No information is available on the other matters raised in paragraph 13 (e) of the reporting guidelines.

37.The following benefits and incentives are provided to encourage people to volunteer for service in the Armed Forces:

1.A monthly salary;

2.Study grants;

3.Various special training courses;

4.Promotion based on length of service and military rank as specified in article 10 of Act No. 67 of 1991, concerning service in the Armed Forces;

5.Sports and recreational games and competitions;

6.In-kind assistance provided by military units;

7.End-of-service indemnity;

8.Free medical care for soldiers and their dependents.

Military schools (art. 3, para. 5)

38.The Armed Forces and security forces neither run nor oversee schools offering a general education (primary or secondary). They just have military colleges, academies and schools that train officers, non-commissioned officers and ordinary men in the forces. Their regulations, rules and conditions on admission are governed by the laws which are cited below.

Enrolment in military college

39.Article 17 of Act No. 35 of 1992, concerning military colleges, states that “Candidates wishing to enrol in a college must meet the following conditions:

They must have a general secondary school certificate (science or arts) that meets the requirements of the particular college;

They must be between 18 and 25 years old;

They must be at least 160 cm tall;

They must have no prior convictions for committing a breach of trust, unless they have been rehabilitated;

They must not have been discharged from the college or the Armed Forces for committing a breach of trust;

They must not be a member of any political party or organization on the date on which they submit their application;

They must pass the entrance examination;

They must have performed compulsory national service or have been exempted from doing so;

They must meet the criteria regarding physical fitness and mental and physical health established in all the tests set by each college.”

Admission to the Police Academy

40.The conditions on admission listed in article 45 of Act No. 10 of 2001, concerning the establishment of the Police Academy, include the requirement for candidates to have a secondary school certificate and to be aged between 18 and 23 years. Consequently, no person below the age of 18 may enrol in a military academy. Only people aged 18 and over are admitted.

Recruitment of children by armed forces distinct from the State

Armed groups operating in State territory

41.In the period between 2004 and 2010 armed Al-Huthi outlaws staged a revolt in the Sa`dah governorate (northern Yemen). They attacked citizens, forced them out of their homes, fomented sectarian and religious strife, held up people on the roads and elsewhere, wreaked destruction and committed murder. The Government did its duty by countering the insurgency in order to protect citizens’ lives and property as well as government property and businesses. Reports show that Al-Huthi groups recruited children, forced them to take part in anti-Government operations and used them in terrorist attacks. At a press conference held on violations committed by Al-Huthi terrorists and saboteurs, television images were shown of a child from Sa`dah governorate who was not more than 10 years old. The child’s body had been packed with explosives and 20 mine detonators in preparation for a terrorist operation to be carried out in the old city of Sa`dah. This is evidence of the crimes of Al-Huthis against children and society.

42.The Government has appealed to Al-Huthi groups and their supporters on numerous occasions to end their practice of recruiting people — including children — and forcing them to take part in hostilities. However, its appeals have fallen on deaf ears: there has been no response from the Al-Huthis or their field commanders. The most recent such appeal was made in a statement issued by the Supreme Council for Motherhood and Childhood.

43.The State has taken the following steps to try to bring an end to the armed conflict:

Mediation committees comprising well-known public figures, leaders, sheikhs and community elders have been formed to try to bring an end to the conflict;

A ceasefire was declared, but the Al-Huthis did not abide by it;

A general amnesty was declared for all prisoners, including children enlisted by Al-Huthi rebels.

B.Measures taken in respect of children in armed conflict, including physical and psychological rehabilitation and social reintegration

44.The Government has taken steps to accommodate displaced persons and provide them with humanitarian services in camps. Working with the international community and local and international organizations, it deals with damage in conflict zones, launches comprehensive relief operations and provides services and assistance to citizens, including children, in the affected areas. This section describes the situation of displaced persons, national post-war reconstruction efforts, the measures taken to deal with the psychological impact of the conflict on children, and the role of the international community and of national and international humanitarian organizations in this regard.

1.Measures taken to deal with displaced persons

45.Camps for displaced persons have been built and basic services provided. Medical teams have been formed, health centres built and suitable medical and health services delivered in displaced persons’ camps. Thirty-two tons of drugs and medical supplies have been delivered to displaced persons in Sa`dah, Hajjah, Amran and Jawf since 20 August 2009, at a cost of US$ 256,000 and with assistance from the World Health Organization (WHO).

46.Institutions have been established to manage and coordinate humanitarian activities. In August 2009, a high-level interministerial committee on relief operations was established. The committee is chaired by the Minister of Health and its operational arm is a unit for internally displaced persons.

47.In April, the Government hosted the Representative of the Secretary-General on the human rights of internally displaced persons, who had come to assess the situation and make recommendations on future action steps.

48.A grass-roots organization was established and, in coordination with local authorities in the governorates, organized more than 20 convoys of trucks bringing in food, drugs, clothing, bedding and household equipment from different parts of the country. At least 883 trucks, some large and some small, were dispatched.

49.Humanitarian agencies have been given permission to expand their operations in some parts of the Sa`dah, Amran, Hajjah, Jawf and Sana`a governorates, although access remains uneven and limited. These agencies work with government ministries to supply food and non-food items, temporary shelter, water, sanitation services, psychosocial support, education and medical assistance to internally displaced persons, returnees and local communities that have been adversely affected by the war, whenever they can reach them. The agencies concerned are:

The World Food Programme (WFP);

The International Committee of the Red Cross (ICRC);

Médecins sans Frontières;

The United Nations Children’s Fund (UNICEF);

The World Health Organization (WHO).

50.Some 342,000 people have been registered as internally displaced persons, with the help of the Office of the United Nations High Commissioner for Refugees (UNHCR), and over 800,000 people have been harmed indirectly by the war. These people include host communities and residents deprived of basic services. The hostilities have had the greatest impact on the governorates of Sa`dah, Hajjah and Jawf.

51.The number of displaced persons who return home is generally limited, owing to widespread fear and concerns about safety and the humanitarian situation in the place of origin, coupled with doubts about the viability of the ceasefire. The fact that access is limited and unpredictable hampers humanitarian relief operations, particularly those intended for displaced persons in host communities and for most displaced people in Sa`dah. The muted response of the international community to fundraising appeals severely curtails the availability of assistance for the internally displaced. The next table provides information on the main activities and measures undertaken to serve displaced persons.

Item	Entity	Details
1.	Government committee	Medical teams have been formed and medical services provided in displaced persons’ camps. Eleven mobile teams operate in and outside camps in Hajjah. They consist of 14 doctors, 39 nurses and technicians, 8 midwives and 18 health ancillaries.
		Two health centres were set up in the Al-Mazraq camps to provide all kinds of primary health care, treatment and specialist health services. The centres have a laboratory, clinics offering prenatal and obstetric care and treatment for malnutrition and a range of diseases.
		A malnutrition unit has been set up and four ambulances provided to take camp dwellers in need of major care to Harad Hospital, where they receive comprehensive care. Mobile medical teams are dispatched to the Khayawan camps and the Jawf governorate, and medical camps have been set up to deliver treatment of various kinds, from which 235,745 people have benefited.
		A health centre has been set up in Al-Mazraq Camp 2 and is staffed in a similar way. A special malnutrition unit was established and preparations are under way for the opening of health centre in Al-Mazraq Camp 3 and the malnutrition unit. Four ambulances have been provided to take camp dwellers in need of major care to Harad Hospital, where they receive comprehensive treatment. Between August and December, the hospital, which now works around the clock, received 14,578 displaced persons who were ill, 166 who needed surgery and at least 422 women who had gone into labour.
		Medical camps have been set up in Al-Mazraq Camps 1 and 2 and provide services in paediatrics, dermatology, rheumatology, psychiatry, neurology, ear, nose and throat medicine, ophthalmology, and general and cosmetic surgery. Over a three-week period, camp inhabitants in need of surgery were operated on at the camp medical centre, which was staffed by 22 specialists in diagnosis and health education and by technicians. In cooperation with Sana`a governorate, a second medical camp was set up in Al-Mazraq Camp 2 and staffed with 50 specialists offering a variety of treatment to displaced persons, together with minor operations and surgery and medicines and medical advice. A total of 13,021 displaced persons were treated.
		Immunization campaigns for measles and polio were conducted and 9,018 displaced children were vaccinated. A spraying campaign to eliminate mosquitoes using a long-lasting insecticide was conducted, and 4,300 treated nets were distributed to inhabitants of Al-Mazraq Camps 1 and 2 and to displaced persons outside the camps. Forty-four displaced persons were given health education training and the Ministry set up, furnished and equipped the Al-Mazraq health unit to provide reproductive and primary health-care services to the displaced. In Hajjah governorate, 96,748 displaced persons received health services.
2.	Association of the Yemeni Red Crescent, supported by the Red Cross	Mobile clinics and ambulances are on hand to provide health care and medical services to displaced children in the Anad and Wisam camps. New mobile clinics were set up in February 2008 in the Baqalat Camp, and the Qatabir Health Centre, which serves 23,000 displaced people, including children, was renovated. The Centre was supplied with equipment and drugs
		for displaced adults and children. Five mobile clinics were established to meet the needs of camp dwellers left homeless because of the conflict. The clinics offer health-care services to children below the age of 5.
3.	Ministry of Health	Free drugs are dispensed to treat common diseases and children’s dysentery and to immunize children against polio. Three clinics were set up to examine and treat displaced adults and children.
4.	Ministry of Social Affairs and Labour Fund for Disabled Persons	Financial and in-kind assistance is provided to persons with disabilities — children and family members — who have been adversely affected by the conflict. The assistance is dispensed in coordination with the Association for Disabled Persons in the Sa`dah governorate and consists of cash payments to cover the costs of surgery, medicines and regular and functional therapy for the indigent. In-kind assistance consists in wheelchairs, crutches, various kinds of walking frames and prosthetics and funding for treatment abroad where surgery is not available in Yemen.
5.	Ministry of Local Administration	The assistance provided to displaced persons includes the following: Organization of convoys of supplies for the camps; Distribution of 10,000 tents; Distribution of 25,000 blankets to displaced persons in camps in Harad and the Sa`dah governorate; Distribution of 5,000 school uniforms and school bags in displaced persons’ camps in Amran and Sa`dah.
6.	Al-Saleh Foundation, in cooperation with the Emirates Red Crescent	Al-Mazraq Camp 2 was set up, families adversely affected by the war were reunited, as were displaced people from Sa`dah governorate. Approximately 9,000 persons were provided with a full range of care and numerous services were provided to children in the Al-Mazraq camps (1–3), as detailed in the tables below.

Number of children provided with services at Al-Mazraq Camp

Age	Boys	Girls	Total
1 month–2 years	338	290	628
3– 5 years	448	410	858
6 – 12 years	869	732	1 601
13 – 15 years	274	226	500
16 – 18 years	174	209	383
Total	2 103	1 867	3 970

Health services at Al-Mazraq Camp 2

Age	Services	Number of child beneficiaries
Boys and girlsof all ages	Free medical services were provided to children in and outside the camps by a children’s clinic in the camp health centre and children’s medicines were dispensed.	Over 3 500
	Assistive devices — wheelchairs and crutches — are distributed to children with disabilities.	29
	Mosquito nets were distributed to families in the camp to help prevent malaria.	1 000
	A measles vaccination campaign was conducted among all children between 1 and 15 years, in cooperation with Médecins sans Frontières.	5 000
	A boy called Hamad, who was suffering from a serious heart complaint, was taken for treatment to the United Arab Emirates.	1
	Treatment was provided to children suffering from malnutrition.	1 000
	A course on peer training was delivered.	22
	Vaccinations were given for various diseases.	1 601
	Activities for boys and girls were organized on the topics of: confidence-building; information and security; expressing feelings; time management; coaching; children’s rights; violence against children; child protection in emergencies; and mine awareness.	600
	A training course on reproductive health was run at the camp.

Educational services in the Al-Mazraq Camp

Age	Sex	Services provided	Number of child beneficiaries
6–12	Boys and girls	1.A school was set up in the camp2.Children enrolled in the school.	1 279
		School uniforms and school bags were distributed	1 279
		Recreational and educational toys were distributed	3 500
		Sportswear was distributed to boys	200
		A Koran class was set up for girls	58
		Football training was given to teenage boys (13–16)	110

Nutritional services for children in Al-Mazraq Camp

Age	Sex	Services	Number of beneficiaries
1 month to 2 years	Boys and girls	Awareness sessions for mothers on the importance of breastfeeding	682
		Distribution of baby clothes	1 469
		Three full meals for all camp inhabitants	9 000
		Allocation and distribution of suitable food for nursing mothers	628
3 to 5 years		Distribution of clothing	858
		Periodic football training for teenage boys (13–16)	110
		Recreational activities in special tents for children in the camp and games and screening of children’s television programmes	450
All age groups	Boys and girls	Three full meals delivered by the central kitchen to all displaced persons in the camp	9 000
		Distribution of tea (twice) to each family	9 000
		Distribution of clean water to all displaced persons	9 000
		Distribution of sanitation services	9 000
		Allocation and distribution of suitable food to nursing mothers	628

Number of children provided with services in Al-Mazraq Camp

Age	Boys	Girls	Total
1 month – 2 years	642	603	1 245
3 – 5 years	1 025	1 006	2 031
6 – 12 years	2 217	1 810	4 027
13 – 15 years	529	437	1 0 02
16 – 18 years	352	278	630
Total	4 765	4 170	8 935

52.In the first quarter of 2010, the Charitable Society for Social Welfare organized many activities and services for children in displaced persons’ camps, including those listed below.

Capacity-building

	Khayawan Camp	Harad Social Centre
Item	Beneficiaries	No. of beneficiaries	No. of beneficiaries
Boys	Girls	Total	Boys	Girls	Total
1.	No. of courses run or attended on the subject of child protection			5			8
2.	No. of trainees			88			118
3.	No. of trainers	5	-	5	3	2	5
4.	Awareness sessions on protecting children in emergency situations			4 sessions and 205 beneficiaries			19 sessions and 682 beneficiaries
5.	No. of community protection committees established			1			4
	No. of committee members	25	15	40	32	18	50
6.	Monitoring, referrals or visits to children and families in need of protection services of any kind through visits by community workers			450			1 075
Total			987			1 934

Protection

		Khayawan Camp	Harad Social Centre
Item	Beneficiaries	No. of beneficiaries	No. of beneficiaries
Boys	Girls	Total	Boys	Girls	Total
1.	Awareness sessions on children’s rights and enrolment in education	176	161	334	172	129	301
2.	Mine awareness	-	-	-	172	129	301
3.	List of names of children not enrolled in school compiled and delivered to UNICEF and the High Commissioner’s office to explore feasibility of enrolment in schools	197	131	328	172	129	301
4.	List compiled of children below the age of 5 in the camp	132	125	257	-	-	-
5.	List compiled of displaced orphans	96	104	200	314	298	612
6.	Recreational activities for displaced children	153	71	224	208	85	293
7.	Child beneficiaries of health services provided by mobile teams	299	312	611	281	305	586
8.	Prevention of exploitation
9.	Trafficking				184	145	329
10.	Child workers				487	260	747
11.	List compiled of children separated from their families	1	-	1	-	-	-
12.	Missing children	-	-	-	-	-	-
13.	Cases of sexual violence identified and pending	-	-	-	-	3	3

Psychosocial support

		Khayawan Camp	Harad Social Centre
Item	Beneficiaries	No. of beneficiaries	No. of beneficiaries
Boys	Girls	Total	Boys	Girls	Total
1.	Psychosocial support for children	5	8	13	226	89	315
2.	Group therapy for children	12	14	26	144	73	317
3.	Psychological support through children’s activities	6	8	14	46	12	76
4.	Individual therapy for children	4	5	9	11	4	15
Total			62			623

Social assistance

Item	Beneficiaries	Khayawan Camp	Harad Social Centre
No. of beneficiaries	No. of beneficiaries
Boys	Girls	Total	Boys	Girls	Total
1.	Distribution of wheelchairs and crutches	-	-	-	13	12	25
2.	Treatment services	3	2	5	30	18	48
3.	Fostering ( kafalah ) and care services for displaced orphans	96	104	200	72	60	132
4.	Total			205			205
Grand total			3 211			5 634

2.National post-war reconstruction efforts

53.Policies and programmes have been established, in conjunction with international organizations and non-governmental organizations in Sa`dah governorate, to deal with the impact of the conflict and the damage caused there. The following activities were undertaken in connection with these policies and programmes:

Plans, mechanisms, structures and committees were established to assess the impact of the conflict and the damage caused and coordinate efforts to address the situation. Several special committees were set up, including the following:

A higher committee was formed to look at ways of dealing with the impact and the challenges posed by the events and the task of reconstruction in conflict-affected zones. The committee is chaired by the Prime Minister and includes a number of ministers;

A committee was established to assess the impact of the conflict and the damage caused. The committee completed its work and submitted its findings to the Government;

A committee was formed to follow up on the implementation of the standing programme on the impact of the conflict and reconstruction. The committee is chaired by the Minister for Local Administration and includes officials from the Government and from the local authorities in Sa`dah governorate;

A fund for reconstruction in conflict-affected zones in Sa`dah governorate was established. The Government allocated material and financial resources to the fund for a remediation and reconstruction programme and related activities. The programme was launched in mid-2008 and most government agencies and local councils contributed, as did some associations in Sa`dah, a number of international organizations, and donors that support certain activities. The main focus of the programme is on:

Reconstructing enterprises that provide services, education, health care, electricity, water and roads services;

Improving the socioeconomic situation of families affected by the conflict and instituting measures to combat poverty and build homes for families whose original homes were destroyed. The programme offers benefits to all groups, including religious minorities in the governorate and the poorest of the poor. Access to social security has been expanded to cover a larger number of impoverished families who have been adversely affected by the conflict. Social security assistance has been dispensed by the Social Welfare Fund of the Ministry of Social Affairs and Labour. The fund has provided social security benefits to 331,459 households and pays monthly allowances, on an exceptional basis, to 43 Yemeni Jews and their children (from the Al Salam clan) in Sa`dah governorate. This shows that the principle of non-discrimination is observed in dealing with religious minorities in the conflict zone as religious minorities are afforded the same treatment as their fellow citizens.

54.Measures to protect children and deal with the psychosocial effects of the conflict on them are included in the Government’s programme of action. In 2008, the Ministry of Social Affairs and Labour signed a joint plan of action with UNICEF on protection of children in the conflict zone in Sa`dah governorate and on measures to deal with the psychological impact of the conflict on children. Several associations in the governorate contribute to the implementation of the programme.

55.A reconstruction fund was established in Sa`dah to counter the effects of the civil wars that were sparked off by the Al-Huthis. The fund continues to pursue its reconstruction goals. An inventory was done of the damage caused to public facilities and private property in Sa`dah, Haraf Safyan in the Amran governorate, and Bani Hashish in the Sana`a governorate. A total of 10,996 properties were damaged.

56.In early 2009, the fund launched its reconstruction programme to deal with the damage and compensate victims of the internal unrest. A transparent mechanism was employed and assistance was provided by a team of professionals and technical experts. The local community and people from affected areas were involved in various stages, beginning with the assessment exercise and ending with construction. In spite of the difficulties, the fund achieved a great deal in 2009. The main achievements are described below.

Public facilities

57.Thirty-three projects for the renovation and construction of schools, government buildings and health units were carried out at a cost of around 366 million Yemeni rials (YRI). Thirteen projects are under way and are due to be completed shortly. The projects are 80 per cent complete and have cost around YRI 233 million.

Private facilities

58.A transparent approach has been taken to the reconstruction of private facilities (homes, farms, etc.). Citizens receive compensation, which is paid in five instalments after a the damage assessment has been completed. Twenty per cent of the total amount awarded is paid in each instalment. Using this mechanism, the fund has renovated 1,355 homes and 23 farms. The total compensation awarded for damage to houses was YRI 979 million, as against YRI 34 million for farms. The fund spent close to YRI 1.5 billion on reconstruction in 2009. A sum of YRI 20 billion was allocated in 2010 to cover reconstruction costs. A development plan was established to support affected governorates and build local government capacity.

3.Action to deal with the psychological impact of the armed conflict on children

59.The Ministry of Social Affairs and Labour signed a memorandum of understanding with UNICEF in early 2008 in connection with the action plan to deal with the psychological impact of the conflict on children. The Ministry and UNICEF conducted an assessment at Al-Mazraq camp in Hajjah governorate in mid-September 2009. The main focus was on the psychosocial impact of the conflict on children and families. High levels of vulnerability to violence, the absence of opportunities for making a living, the experience of repeated displacement and anxiety about security in the camp had translated into a high incidence of trauma among camp inhabitants at the time.

60.The Subcommittee on the Coordination of Child Protection in Yemen conducted a comprehensive assessment of child protection issues in crisis zones in north Yemen. The assessment report was published in August 2010. The main purpose of the exercise was to gather information on existing needs, risks and problems in relation to child protection and psychosocial conditions and to provide all child protection and relief workers with information about the current situation and needs so as to enable them to carry out effective work. A further goal was to identify opportunities for cooperation and to reduce duplication in delivery of services to in all the affected governorates. The study was conducted with support from UNICEF.

61.In partnership with UNICEF, the Ministry of Social Affairs and Labour has carried out several programmes to protect children, particularly in emergencies. One such programme was designed to provide psychosocial support in the context of child protection arrangements. An international expert and a number of local experts were asked to contribute to the project, and the first steps were taken to train a Yemeni team to carry out oversight work and activities in this domain. Initially, training was given to 22 persons from Sa`dah, 5 from Hajjah and 3 from Amran. Thereafter, training was given to a support team made up of 45 persons from Sa`dah, 15 from Amran and 15 from Hajjah. Preparatory work was begun among local communities in three governorates to ease the way for teams intending to move there to carry out their work. Three workshops were held for representatives of local authorities, non-governmental organizations and associations and for camp leaders and displaced persons in Sa`dah, Amran and Hajjah. Thirty-five people in each governorate were trained, and the workshops did much to open the way for the work that was subsequently undertaken in the governorate.

62.The types of activities carried out by the Ministry of Social Affairs and Labour in partnership with UNICEF are described below.

Capacity-building for governmental and non-governmental organizations

Two courses were run to train trainers in three governorates (Sa`dah, Amran and Hajjah). Thirty trainers and 75 social workers attended;

Training courses were run for 70 people working in the health and education sectors and in associations and local councils in conflict zones. The training focused on how to assist people who are suffering from psychological disorders triggered by the conflict. The trainers were sent to the affected zones. The programme was designed to benefit 1,000 families and 5,000 children in the final phase. Those severely traumatized by the conflict, for whom the initial support and psychological services in the local area were inadequate, were sent to specialists in the capital or to urban centres to receive more specialized rehabilitation and recovery assistance;

Three training workshops on protecting children in emergencies were run for groups of 35 trainees each time in the governorates of Sa`dah, Amran and Hajjah.

Capacity-building for displaced persons and others adversely affected by the conflict

Three training courses were run in the governorates of Sa`dah, Amran and Hajjah for volunteers who were displaced persons;

In Sa`dah governorate, services were provided to 11,218 males and 9,374 females (a total of 20,592 persons);

In Amran governorate, services were provided to 954 males and 1,446 females (a total of 2,400 persons);

In Hajjah governorate (Harad), services were provided to 1,390 males and 963 females (a total of 2,353 persons);

Mobile teams provided psychosocial services and recreational activities in safe facilities to children and adolescents. Psychosocial assistance was provided in the three governorates as follows

In the Sa`dah governorate, services were provided to 30,220 males and 23,270 females (a total of 53,490 persons);

In the Amran governorate, services were provided to 6,768 males and 9,366 females (a total of 16,134 persons);

In the Hajjah governorate, services were provided to 4,878 males and 3,294 females (a total of 8,172 persons).

Monitoring, referral and advisory services provided to children and families in need of protection services of any kind through visits made to displaced families by volunteers and social workers

In the Sa`dah governorate, services were provided to 874 males and 952 females (a total of 1,826 persons);

In the Amran governorate, services were provided to 508 males and 664 females (a total of 1,172 persons);

In the Hajjah governorate, services were provided to 609 males and 510 females (a total of 1,119 persons).

Training and support provided to local communities by displaced persons’ committees representing camp blocks and camps as a whole

In the Sa`dah governorate, services were provided to 73 males and 69 females (a total of 142 persons);

In the Amran governorate, services were provided to 6 males and 4 females (a total of 10 persons);

In the Hajjah governorate, services were provided to 16 males and 8 females (a total of 24 persons).

63.Under the action plan of the Ministry of Social Affairs and Labour and UNICEF initiatives were taken to deal with child trauma, in conjunction with families and communities. Several associations were involved, some of which are listed here below.

Item	Implementing organization	Details
1.	Medical charity funded by UNICEF in Sana`a	A psychosocial survey of 1,400 persons was conducted. The surveyed group included 630 children (92 per cent) who had witnessed the conflict. Forty-four respondents said that they had hidden in order to save their lives; 43 per cent had seen their homes or the homes of their friends destroyed; 28 per cent felt that they had been close to dying; 15 per cent said they had been injured; 13.8 per cent said that they had lost at least one family member; 10 per cent had not been able to find a family member who was now considered a missing person. A further
		53 per cent suffered from severe depression and 49 per cent post traumatic stress.
2.	Sa`dah Women’s Association	A programme of psychosocial and educational support was run for children (6–15 years old) in camps in the Sa`dah governorate. Eight hundred children suffering from conflict-related trauma benefited from the programme, which was carried out with funding from the Office of the United Nations High Commissioner for Refugees (UNHCR).
		Sports, recreational and culture activities were organized for displaced children in the camps to help mitigate the impact of conflict-related trauma. Play areas were set up in the camps and children were given toys to allow them to exercise their right to play and to keep them from becoming isolated there. Toys were distributed to 288 children, with support from UNICEF.
		Sa`dah Women’s Association ran a cultural, sports and awareness programme for children and women in the camps to offer some form of recreational and educational activities. These activities include puppet theatre, theatrical shows on protecting children from trafficking, child labour, family neglect and violence, health and environmental awareness. Around 3,000 children and women affected by the conflict have benefited from these activities.
3.	Yemeni Red Crescent Society, with support from UNICEF	Assembly of children’s toys in the camps

64.In parallel with the above, the Ministry of Social Affairs and Labour, with support from the United Nations Children’s Fund (UNICEF), organized a number of activities and events relating to child protection and psychosocial support in 2010. These activities were undertaken in Sa`dah, Hajjah, Amran and Jawf governorates and included the following:

Capacity-building support was provided to government and community-based organizations operating in displaced persons’ camps. The activities, in which 381 men and women participated, were targeted at various groups, including social, health and education sector workers, the police, clergymen, camp managers and camp security staff;

Capacity-building support was provided to assist displaced persons and other [conflict-] affected persons, including parents, children, adolescents, local leaders, clergymen and volunteers. A total of 103,656 men and women participated;

Psychosocial support and recreational activities were run by volunteers and supervisors in safe areas of displaced persons’ camps. The beneficiaries were 339,145 children and adolescent boys and girls;

Children and families in need of protection services of any kind were monitored during visits paid by volunteers and counsellors to displaced families. Referrals were made or support was provided. A total of 12,813 children and vulnerable families were monitored and provided with special protection services;

Support was given to displaced communities by displaced persons’ committees representing camp blocks and camps as a whole. Active children’s and civilian committees were formed.

Summary of the quarterly report (January–March 2010) on child protection and pyschosocial support activities undertaken by the Ministry of Social Affairs and Labour with support from UNICEF in Sa`dah governorate

			Target group ( M/F )	January	February	March	Total
		Indicators	M	F	M	F	M	F	M	F	M/F	Observations
	Activity 1
1.	Capacity-building for government and community authorities	Number of persons trained	Social worker	9	5					9	5	14
	Health worker	7	5					7	5	12
	Education	12	11					12	11	23
			Police	5						5		5
			Clergyman	1						1		1
			Camp manager	5						5		3
			Camp security staff	4						4		4
			Other	49	35					49	35	84
		Number of sessions held	Sessions
		Number of workshops held	Workshops
			Total	92	74					92	74	127
	Activity 2
2.	Capacity-building for displaced persons and conflict-affected persons	Number of displaced persons who were beneficiaries of activities	Parents	1 587	1 625			2 207	1 714	3 794	3 339	7 133
	Children	1 279	1 360			1 488	1 248	2 767	2 608	5 375
	Adolescents	1 858	1 570			1 682	1 331	3 540	2 901	6 441
	Local leaders	147	43			306	123	453	166	619
			Clergymen	5	-			15	15	20	15	35
			Volunteers	192	43			302	238	494	281	775
			Other	80	13			70	51	150	64	214
			Total	5 148	4 654			6 070	4 720	11 218	9 374	20 592
	Activity 3
3.	Psychosocial support services and recreational activities provided to children and adolescents in safe areas by mobile teams	Number of child and adolescent beneficiaries of psychosocial support	Children	10 242	8 912			8 561	5 796	18 803	14 708	33 511
Adolescents	6 892	5 530			2 974	2 661	9 866	8 191	18 057
Other	1 142	150			326	182	1 468	332	1 800
Various					83	39	83	39	122
			Total	18 276	14 592			11 944	8 678	30 220	23 270	53 490
	Activity 4
4.	Monitoring, referral or support for children and families in need of protection services of any kind through visits by volunteers and counsellors to displaced families	Number of cases monitored and responded to and number of children and families in need who received special protection services	Number of cases monitored	135	131			311	252	446	383	829
	Number of cases referred	73	83			282	417	355	500	855
	Number of persons who received direct assistance from the protection team	31	28			21	23	52	51	103
	Number of children who received special protection services
			Number of adults who received special protection services	10	9			11	9	21	18	39
			Total	249	251			625	701	874	952	1 826
	Activity 5
5.	Support for displaced communities by displaced persons’ committees operating at the block and camp level	Number of meetings held	Number of active children’s committees	12	10			7	7	19	17	36
Number of meetings	19	18			14	16	33	34	67
			Number of civilian committees	4	4			4	4	8	8	16
Number of meetings	6	5			7	5	13	10	23
			Total	41	37			32	32	73	69	142

Summary of quarterly report (January–March 2010) on child protection and pyschosocial support activities undertaken by the Ministry of Social Affairs and Labour with support from UNICEF in Amran governorate

			Target group ( M/F )	January	February	March	Total
		Indicators	M	F	M	F	M	F	M	F	M/F	Observations
	Activity 1
1.	Capacity-building for government and community authorities	Number of persons trained	Social worker
	Health worker
	Education
			Police
			Clergyman
			Camp manager
			Camp security staff
			Other			10	10			10	10	20
		Number of sessions held	Sessions
		Number of workshops held	Workshops
			Total			10	10			10	10	20
	Activity 2
2.	Capacity-building for displaced persons and conflict-affected persons	Number of displaced persons who were beneficiaries of activities	Parents	138	232	700	912	116	302	954	1 446	2 400
	Children
	Adolescents
	Local leaders
			Clergymen
			Volunteers
			Other
			Total	138	232	700	912	116	302	954	1 446	2 400
	Activity 3
3.	Psychosocial support services and recreational activities provided to children and adolescents in safe areas by mobile teams	Number of child and adolescent beneficiaries of psychosocial support	Children	1 030	2 070	2 690	3 422	3 048	3 874	6 768	9 366	16 134
Adolescents
Other
Various
			Total	1 030	2 070	2 690	3 422	3 048	3 874	6 768	9 366	16 134
	Activity 4
4.	Monitoring, referral or support for children and families in need of protection services of any kind through visits by volunteers and counsellors to displaced families	Number of cases monitored and responded to and number of children and families in need who received special protection services	Number of cases monitored			402	530	118	130	502	660	1 162
Number of cases referred	48	33	209	201			257	234	491
Number of persons who received direct assistance from the protection team
Number of children who received special protection services			3	2	3	2	6	4	10
			Number of adults who received special protection services
			Total	48	33	614	733	121	133	765	894	1 659
	Activity 5
5.	Support for displaced communities by displaced persons’ committees operating at the block and camp level	Number of meetings held	Number of active children’s committees			3	2	3	2	6	4	10
Number of meetings
	Number of civilian committees
Number of meetings
			Total			3	2	3	2	6	4	10

Summary of quarterly report (January–March 2010) on child protection and pyschosocial support activities undertaken by the Ministry of Social Affairs and Labour with support from UNICEF in Hajjah governorate

				January	February	March	Total
		Indicators	Target group ( M/F )	M	F	M	F	M	F	M	F	M/F	Observations
	Activity 1
1 .. .	Capacity-building for government and community authorities	Number of persons trained	Social worker
Health worker
Education
			Police
			Clergyman	7						7		7
			Camp manager
			Camp security staff
			Other	8	10					8	10	18
		Number of sessions held	Sessions
		Number of workshops held	Workshops
			Total	15	10					15	10	25
	Activity 2
2 . .	Capacity-building for displaced persons and conflict-affected persons	Number of displaced persons who were beneficiaries of activities	Parents			912	675	13	10	925	685	1 610
Children			334	217			334	217	551
Adolescents			96	58			96	58	154
Local leaders
			Clergymen
			Volunteers			20	3			20	3	23
			Other			15				15		15
			Total			1 377	953	13	10	1 390	963	2 353
	Activity 3
3 .. .	Psychosocial support services and recreational activities provided to children and adolescents in safe areas by mobile teams	Number of child and adolescent beneficiaries of psychosocial support	Children	94	68	4 509	2 988	101	87	4 704	3 143	7 847
Adolescents	69	60	32	19	62	60	163	139	302
Other	11	12					11	12	23
Various
			Total	174	140	4 541	3 007	163	147	4 878	3 294	8 172
	Activity 4
4.	Monitoring, referral or support for children and families in need of protection services of any kind through visits by volunteers and	Number of cases monitored and responded to and number of children and families in need	Number of cases monitored	5	2	14	13	15	11	34	26	60
Number of cases referred	5	2		2			5	4	9
counsellors to displaced families	who received special protection services	Number of persons who received direct assistance from the protection team			14	13	15	11	19	24	43
Number of children who received special protection services	7	8	445	334	26	20	478	362	840
			Number of adults who received special protection services	1	2	58	73	14	19	73	94	167
			Total	18	14	531	435	70	61	609	510	1 119
	Activity 5
5.	Support for displaced communities by displaced persons’ committees operating at the block and camp level	Number of meetings held	Number of active children’s committees			16	8			16	8	24
	Number of meetings
		Number of civilian committees
	Number of meetings
			Total			16	8			16	8	24

Summary of quarterly report (January–March 2010) on child protection and pyschosocial support activities undertaken by the Ministry of Social Affairs and Labour with support from UNICEF in Sa`dah, Amran and Hajjah governorates

				Sa`dah	Amran	Harad	Total
		Indicators	Target group ( M/F )	M	F	M	F	M	F	M	F	M/F	Observations
	Activity 1
1.	Capacity-building for government and community authorities	Number of persons trained	Social worker	9	5	11	5	6	7	26	17	43	Two training sessions were held for trainers, adults and psychological support staff. Three training workshops on protecting children in emergencies were held for 35 persons each time in Sa`dah , Amran and Hajjah governorates. Three training sessions for displaced volunteers were held in each governorate.
Health worker	7	5	3	1	1	1	11	7	18
Education	12	11	7	4	5	2	24	17	41
			Police	5		2		3		10		10
			Clergyman	1		1		8		10		10
			Camp manager	5		4		6	3	15	3	18
			Camp security staff	4		2		5		11		11
			Other	49	35	23	10	23	10	95	55	150
		Number of sessions held	Sessions
		Number of workshops held	Workshops
			Total	92	74	53	20	57	23	202	99	301
	Activity 2
2.	Capacity-building for displaced persons and conflict-affected persons	Number of displaced persons who were beneficiaries of activities	Parents	3 794	3 339	954	1 446	925	685	5 673	5 470	11 143	Awareness-raising about protecting children in emergencies
	Children	2 767	2 608			334	217	2 101	2 825	4 926
	Adolescents	3 540	2 901			96	58	3 636	3 959	7 595
	Local leaders	453	166					453	166	619
			Clergymen	20	15					20	15	35
			Volunteers	494	281			20	3	514	284	798
			Other	150	64			15		165	64	229
			Total	11 218	9 374	954	1 446	1 390	963	13 562	11 783	25 345
	Activity 3
3.	Psychosocial support services and recreational activities provided to children and adolescents in safe areas by mobile teams	Number of child and adolescent beneficiaries of psychosocial support	Children	18 803	14 708	6 768	9 366	4 704	3 143	30 275	27 217	57 492	Ten child-friendly places in every target governorate, two mobile teams, and a team at Amran hospital
Adolescents	9 866	8 191			163	139	10 029	8 330	18 359
Other	1 468	332			11	12	1 479	344	1 823
Various	83	39					83	39	122
			Total	30 220	23 270	6 768	9 366	4 878	3 294	41 866	34 930	76 796
	Activity 4
4.	Monitoring, referral or support for children and families in need of protection services of any kind through visits by volunteers and counsellors to displaced families	Number of cases monitored and responded to and number of children and families in need who received special protection services	Number of cases monitored	446	383	502	660	34	26	982	1 069	2 051	Seven mobile teams in camps provide psychosocial support services, raise awareness and offer support to meet the needs of camp inhabitants.
Number of cases referred	355	500			5	4	360	504	864
Number of persons who received direct assistance from the protection team	52	51			19	24	71	75	146
Number of children who received special protection services			6	4	478	362	484	366	850
			Number of adults who received special protection services	21	18			73	94	94	112	206
			Total	874	952	508	664	609	510	2 191	2 126	4 317
	Activity 5
5.	Support for displaced communities by displaced persons’ committees operating at the block and camp level	Number of meetings held	Number of active children’s committees	19	17	6	4	16	8	41	29	70
Number of meetings	33	34					33	34	67
	Number of civilian committees	8	8					8	8	16
Number of meetings	13	10					13	10	23
			Total	73	69	6	4	16	8	95	81	176

4.Budget allocations

65.The Yemeni Government allocated 10 billion Yemeni rials (YRI) under the general budget for reconstruction in areas damaged during the armed conflict in Sa`dah governorate. A number of international organizations also made financial contributions. They included:

The International Committee of the Red Cross (ICRC);

The European Commission Directorate General for Humanitarian Aid and Civil Protection, which contributed US$ 1,570,000 for health services, sanitation and food aid;

The World Food Programme (WFP), which contributed US$ 1,700,000 in food aid over a three-month period in 2007;

The Office of the United Nations High Commissioner for Refugees (UNHCR);

UNICEF, which contributed approximately YRI 32,200,000 in 2008 for activities to protect children and deal with the psychological impact of the armed conflict on them. It contributed an additional sum of YRI 27,000,000 for the conduct of studies and the delivery of in-kind assistance through the Charitable Medical Society in 2007.

Difficulties and challenges

66.The following difficulties and challenges were encountered:

Government funding for activities to protect and rehabilitate child victims of the armed conflict in Sa`dah governorate is inadequate;

The muted response of the international community to fundraising appeals has severely curtailed capacity to assist internally displaced persons;

Staff working at the local and central levels lack the capacity to tackle crises, emergencies and natural disasters, and there are shortcomings in the arrangements for planning and coordinating programmes to protect children during armed conflicts;

Poverty, unemployment, the increase in the numbers of working children and the phenomenon of child trafficking in conflict zones in Sa`dah governorate all pose problems;

There are no specialized centres for the protection and psychosocial rehabilitation of children subjected to exploitation and violence;

Problems are posed by poverty and unemployment.

C.Children, including child refugees, who are especially vulnerable to practices contrary to the Optional Protocol

Child refugees

67.The Republic of Yemen, which is a signatory of the 1951 Refugee Convention and the 1967 Protocol, reaffirms its moral commitment to refugees, which is evidenced in the fact that it hosts hundreds of thousands of refugees (currently some 800,000), mainly from Somalia but also, in smaller numbers, from Ethiopia, Eritrea, Iraq, Palestine and elsewhere. Yemen provides refugees with services on an ongoing basis and supplies their essential needs, taking account of their resources and of its own capacities. The National Committee for Refugee Affairs works hard to coordinate activities in this domain.

68. Refugees, including refugee children, are provided with humanitarian assistance through various government ministries and agencies, including the Ministry of Interior, the Ministry of Public Health and Population, the Ministry of Education and the Ministry of Social Affairs and Labour. The Government and the Office of the United Nations High Commissioner for Refugees (UNHCR) cooperate with one another in the delivery of services to refugees and their children.

69. UNHCR contributes to the State’s efforts to protect and care for children both directly through its staff in Yemen and indirectly through its cooperation with other United Nations offices, international organizations and local NGO implementing partners. The main organizations involved are:

Care for Children, which oversees the education of refugee children in cooperation with the Ministry of Education and offers services to refugee children with disabilities;

ADRA, which provides social services for refugees and refugee children;

Marie Stopes International, which provides health services to refugees and refugee children;

The NGOs Social Solidarity Association, the Social Reform Association and the Mutual Solidarity Organization, which help to deliver basic services, including health services, in reception centres and camps and contribute to training programmes and small loans schemes to enable refugee women to protect their children.

70. In cooperation with the Government and various implementing partners in Sana`a and Aden, UNHCR has carried out programmes whose essential purpose is to support children that are most in need of assistance. These programmes are drawn up based on the standards established for dealing with refugee children, particularly unaccompanied minors, and the guidelines on assistance to refugee children issued by UNHCR in 2006. The guidelines contain a list of criteria for providing assistance and protection to refugee children, affording them their civil, economic, social and cultural rights and freedoms and ensuring adherence to the principles underpinning the rights set forth in the Convention on the Rights of the Child.

71. In cooperation with UNHCR, the Ministry of Human Rights organizes ongoing training courses to raise awareness of the Convention relating to the Status of Refugees and the Protocol relating to the Status of Refugees. The courses are aimed at government agencies that work with refugees and cover the specific needs of women, children and refugees.

Measures taken to protect refugee children

1.Humanitarian assistance and protection provided to child refugees to ensure their enjoyment of their legal rights under the Convention

Food and food supplies

72. Food is supplied to all refugee children in cooperation with WFP. Refugee children are also supplied with daily essentials, including cleaning materials, cooking instruments and items such as bedding and blankets that those who stay in the camp need. These items are distributed under a system in which monthly food ration cards are issued to women heads of household to ensure that food rations reach children.

Education and vocational training

73. Refugee children in Yemen have the same right to education as Yemeni children. The Ministry of Education has appointed education coordinators to work in the camps and supports the delivery of education services in conjunction with implementing partners. It provides teachers, training, professional development support and suitable school premises in refugee camps and in refugee settlements in Aden governorate. It also supplies school books to refugee children and school lunches to those enrolled in primary schools. The Ministry organizes short courses in vocational training institutes for refugee children over 15 years of age who have dropped out of school. The Government, UNHCR and various civil society organizations work together to establish nursery schools for children of refugee women.

Health and health-care services

74. Refugee children living in camps or urban centres have access to health serviceson an equal basis with Yemeni nationals. A large number of refugees live in urban areas such as Al-Basatin in Aden governorate and the capital, Sana`a. Refugee women go to government hospitals to have their babies and are afforded the same treatment as Yemeni women.

75. In Kharaz refugee camp, the neonatal mortality rate (first 28 days of life) is zero, while the mortality rate among children under 5 years of age is 1.0 per cent. The Ministry of Health, in cooperation with UNHCR and the Social Reform Association (a charitable organization), provides refugee children and their families in Kharaz Refugee Camp in Lahij and Al-Basatin in Aden governorate with primary health services. These services include health care for mother and child (pre- and postnatal), reproductive health services, vaccinations against the five childhood diseases and health education and advice. Nutrition programmes are also run for tubercular patients and pregnant women. Transportation to government hospitals is provided and follow-up is assured to those with serious conditions. Services are also provided by Marie Stopes International in the capital, Sana`a.

Adolescent health

76.The Government, UNICEF and a number of refugee organizations have expanded programmes to raise awareness of acquired immune deficiency syndrome (AIDS). Various NGOs have also played a significant role in this work. The Social Reform Association, UNHCR and UNICEF have carried out joint AIDS peer education programmes in Al-Basatin in Aden governorate and the Kharaz refugee camp near Lahij.

77. Two youth committees have been formed, one in Aden governorate and the other in Kharaz refugee camp, and a youth empowerment programme has been established under the aegis of Save the Children Sweden to provide young people with training in leadership and life skills. The youth committees participate in various sports, cultural, educational and awareness-raising activities that are organized for adolescent refugees.

78. This children’s organization oversees the provision of services, including social rehabilitation services, to children with disabilities in the camps. Social workers meet with these children and then teach their families how to deal with their child’s disabilities in the home. Social workers are given training in physiotherapy to enable them to help the children.

79.Health services for children with disabilities are provided at camp clinics, and children are fitted with prostheses. In Aden, the Centre for Persons with Special Needs of the Ministry of Social Affairs and Labour supplies prostheses to children with disabilities free of charge.

80.In addition, initiatives are undertaken in coordination with camp schools to integrate children with disabilities into the public education system.

Games and recreation

81.Recreational activities are run for children in the camps through kindergartens and social centres that organize sports competitions and games and screen informative television programmes. UNHCR also organizes games and sporting activities for children in the camps. Refugee children furthermore participate in festivals and celebrations to mark various occasions, including World Refugee Day and the Day of the African Child.

2.Documentation, registration and birth certificates of refugee children

82.Most refugee children in Yemen are Somali nationals. They are either registered together with their families or guardians or separately, if they are unaccompanied. Registration is carried out by UNHCR at reception centres in the camps. Initial registration forms are issued until such time as refugee children have been registered individually and issued with refugee cards.

83.Children who are not Somali nationals are registered and directed to UNHCR offices to apply for refugee status.

84.The camp health clinic issues birth certificates on a regular basis for all refugee children born in the camps. Refugee children born in urban areas are afforded the same treatment as Yemeni children. Their birth certificates are issued by a civil status office in the place of birth.

3.Protection of refugees from violence, abuse and sexual exploitation

Children in conflict with the law

85.Cases of refugee children who are in conflict with the law are dealt with in accordance with the principles and procedures set forth in the Convention on the Rights of the Child, the United Nations principles relating to juvenile offenders and local statutes and legislation. They are processed the same way as cases involving Yemeni juvenile offenders. The children are tried in juvenile courts and are either given non-custodial penalties or are placed in juvenile care homes when placement is in their best interests. Moreover, they are eligible to receive free legal assistance during court proceedings. This helps to protect them from violence, abuse or any other breach of their rights.

Sexual exploitation

86.UNHCR and its implementing partners, including government agencies and community associations, are deeply concerned about the issues of violence and sexual exploitation. A number of the steps that have been taken to protect refugee children from these abuses are outlined below:

UNHCR has published a standard operating procedures manual on the subject of sexual violence which it and its partners regard as an authoritative guide to tackling such cases;

Any refugee child who may have been subjected to sexual exploitation is provided with medical, psychological, legal and social assistance by the Division of Social Affairs and Protection Division of UNHCR, in cooperation with implementing partners, including government agencies and community associations. In addition, UNHCR lawyers follow up with the authorities;

UNHCR provides continuous training in this area to its implementing partners, drawing on the guidelines issued in Arabic and English by its Geneva office;

UNHCR and its implementing partners also raise awareness among refugees and those who work with them, and people are encouraged to report cases of sexual exploitation of children to the authorities.

Refugee children who are not accompanied by guardians or who have been separated from their families

87.Refugee children who are unaccompanied or who have been separated from their families come to Yemen to join their relatives, to attend school or to go on to the Gulf States in order to find work to help support their families.

88.Steps have been taken to protect such children and ensure their safety. In cooperation with implementing partners, UNHCR has introduced various measures based on its standard operating procedures manual, including the following:

Designation of a person to provide care and assistance to unaccompanied refugee children and serve as a point of contact that UNHCR can use to monitor such children and develop tailor-made solutions;

Creation of a UNHCR database and establishment of a unit to deal with cases of children registered under this programme;

Holding of special meetings and consultations with these children and their foster families and conduct of ongoing home visits to assess each case and provide assistance to each child;

ADRA, as one of the implementing partners, has devised an effective system for identifying unaccompanied children, who are then taken in and placed with foster families in the refugee community. It provides these children with essential services and offers foster families financial assistance. Specialists in Sana`a and Aden enrol the children in schools and provide them with psychological counselling and follow-up services. In addition, UNHCR offices monitor the children directly and provide training for those who drop out of school when they reach the minimum legal age for employment. The training provided includes language and vocational skills development and equips trainees to become self-reliant and self-supporting in the long term.

Measures to ensure respect for the principles of the Convention with regard to refugee children

89.The general principles relating to the rights of the child are reflected in the services and programmes established for refugee children in Yemen by UNHCR or by the government agencies or community associations that are its implementing partners. The rights of refugee children to life, survival and development are safeguarded through health, educational and cultural services, the provision of free vaccinations and all the other services which are provided and which are also available to Yemeni children.

90.The best interests of refugee children are safeguarded in Yemen. The criteria that UNHCR and its implementing partners use to determine what the best interests of refugee children are and what action is appropriate to take are listed in the final version of the UNHCR guidelines on formal determination of the best interests of the child. Unaccompanied refugee children are never turned away, nor are they ever returned to their country of origin, unless it is in their best interests. Consideration of the child’s best interests also guides the choice of a foster family for an unaccompanied child. The ethnicity of prospective foster families is taken into consideration, as is the child’s religion.

91.With regard to the principle of non-discrimination, refugee children in Yemen are treated on an equal basis with Yemeni children. Numerous measures have been taken to ensure that that is the case. Birth certificates for refugee children are issued free of charge, just as they are for Yemeni children. These children receive health-care services at government hospitals in case of need and refugee children in conflict with the law are dealt with in the same way as their Yemeni counterparts.

92.Programmes run by UNHCR or its implementing partners for refugee children are designed in accordance with the principle that the children should participate in planning projects and programmes and in various other issues that affect them, including health, education and protection issues. UNHCR involves refugee boys and girls as partners in the annual evaluation of these projects and programmes.

Challenges and difficulties

93.The challenges and difficulties are the following:

Harmful traditional practices such as female genital mutilation, early marriage and keeping girls out of school are widespread among the refugee community. Greater efforts are needed to end these practices, in particular to raise awareness;

Refugee children drop out of school for a number of reasons, chiefly because older children have to care for younger children when the father is absent and the mother goes out to work or because the children have to work to help support their families;

Some unaccompanied refugee children try to leave Yemen for neighbouring Gulf States, which exposes them to greater danger;

There is insufficient support for refugee awareness programmes and for protection programmes. Moreover, recreational activities and services for refugee children are limited and require substantial support. The fact that budget funding is insufficient is an obstacle to the implementation of programmes designed to provide refugees with optimum care;

Cultural differences between refugees and members of Yemeni society pose challenges and difficulties;

Services for documented and undocumented refugees are still underfunded.

D.Measures taken to prevent attacks on civilian targets that are protected under international humanitarian law

94.Yemen has taken a number of legislative and administrative measures to promote respect for the rules of humanitarian law in armed conflict, as follows:

The Republic of Yemen has ratified the Optional Protocol to the international Convention on the Rights of the Child on the involvement of children in armed conflict;

Yemen has established a national committee on international humanitarian law whose members include representatives of governmental and civil society organizations;

The Government of Yemen has disseminated the principles of international humanitarian law and of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and has been providing training to a number of people who deal with this subject.

95.During the conflict in Sa`dah, government forces took care to conduct operations in full and strict compliance with the principles of international humanitarian law. Airpower, artillery and other light and heavy weaponry were deployed in carefully planned attacks launched to destroy Al-Huthi bases far from population centres. Precise coordinates were used, targets were studied and modern technology, including Google, was used to update information about the targets and identify coordinates. The Yemeni authorities dropped leaflets from aircraft to warn citizens when they needed to evacuate a given conflict zone.

96.Nevertheless, in the balance sheets of all armies the world over there are always some victims of collateral damage. There were few in this war and those cases that occurred involved situations where rebel Al-Huthi forces prevented citizens from leaving their home areas and villages, used them as human shields, or set up bases in civilian areas and on top of civilian buildings. Upon entering any area, the rebels would storm civilian homes and use them as a base from which to attack the army and security forces. Moreover, some operations took place in the old city of Sa`dah, as insurgents planted explosives there and drew in members of the security forces. Rebels in some houses in 4 of the 10 districts that make up the old city were reportedly called upon on a number of occasions to surrender and to allow women and children to leave. They agreed to let the women and children go, but refused to leave the old city. They barricaded themselves in, drawing in snipers and members of the security forces. The ensuing confrontation led to the destruction of some homes.

E.Raising awareness of the Optional Protocol

97.In addition to the activities mentioned in paragraphs 14–16 of the present report in connection with dissemination of the Optional Protocol and training, various other activities are run to familiarize children with the Optional Protocol and the international Convention on the Rights of the Child. For example:

A specialist team at the Ministry of Education is currently considering ways of incorporating the provisions of the Convention on the Rights of the Child into the school curriculum;

In the context of efforts to formulate a national human rights strategy, the Ministry of Human Rights is developing an initiative to incorporate human rights principles into the basic education curriculum.

98.With the help of a psychological support team from the Saleh Foundation, activities were undertaken to alert children in Al-Mazraq Camp 2 to the risks of children’s involvement in armed conflict. The Foundation also prepared the draft of a project for the protection of children in emergencies that focuses on a number of themes related to awareness of children’s rights and of the Convention on the Rights of the Child. The draft of the project, which is targeted at children, parents and working mothers with children in the camp, was submitted to UNICEF for consideration, endorsement and adoption.

99.The synergies between juvenile justice agencies and civil society organizations have been harnessed to provide child protection and child welfare personnel with legal and psychological training. Training programmes have been run for thousands of youth workers on dealing with juveniles. The Department for Women and Youth of the Ministry of Interior, for example, has:

Trained more than 600 officers, non-commissioned officers and soldiers on how to deal with juveniles;

Trained more than 300 policewomen on how to deal with juvenile [offenders] (children in conflict with the law);

Produced an operational manual for police officers who work with juveniles and distributed more than 3,000 copies at the governorate level;

Begun the preparations to train 180 police officers in the third and fourth quarters of the current year.

100.The media are committed to fostering positive attitudes by communicating a message that underscores the reciprocal duties and responsibilities of the State and society for protecting childhood and children’s rights. They make it a priority to update and constantly improve the content and technical quality of programmes. In addition to raising awareness of Universal Children’s Day and of the international Convention on the Rights of the Child, radio and television programmes help to impart information about human rights to children and adults in Yemen. Radio and television programmes for children and families focus on topics such as childcare, child-rearing, education, social services, and health care, including nutrition and the importance of vaccinations against childhood diseases. The media offer children and families a forum in which to communicate their suggestions and views on issues relating to promotion of the rule of law, equal rights for all members of the community without discrimination and public, private and personal freedoms. These efforts are consistent with those made by governmental and non-governmental bodies to protect human rights.

101.All the implementation measures undertaken are important and have been followed up. Quality programming has been developed to enhance the output of specialized satellite broadcasting channels such as Yemen, Yamania, Al-Iman, Sheba education and travel, Sana`a TV and Aden TV and of local radio stations. These efforts are reflected in the media strategy that has been developed. The strategy focuses on showcasing the positive aspects of Yemeni society, fostering social change and making an active contribution, in conjunction with other stakeholders, to the identification of possible future steps. UNICEF documents and publications on children’s welfare, rights and aspirations and related issues are used as reference sources in this work. Through this approach, radio and television outlets have been able to reach out to these segments and deal with the issues in a balanced manner, without misrepresenting people’s lives or life events. Instead, they show how matters really stand. The media strategy has been devised with the aim of enriching the quality of information provided to children and families and drawing in as many child viewers and listeners as possible.

102. In this connection, programmes that supply the information that children and families need are broadcast according to daily, weekly and annual slotting schedules. Slots are allocated based on the needs of all audience segments, and account is taken of gender, age, cultural background and geographical factors. The focus of these programmes is on making an effective contribution to efforts to protect and assist children and families, changing social customs that are prejudicial to women and mobilizing support for initiatives to reduce the fertility ratio in line with the objectives that are listed below:

Supporting the welfare of the family as the natural and fundamental core unit of society, promoting and protecting the child’s right to development and addressing all the factors that push children into the labour market;

Changing the perception that women are inferior in status so as to open the way for women’s active participation in overall development;

Highlighting the consequences of the population growth problem — which perpetuates the transmission of poverty — in order to persuade the population that having a smaller family is acceptable;

Reflecting the Government’s concerns about improving the living conditions of the population, combating poverty and strengthening the social security system;

Drawing attention to the importance of the family’s physical and mental health and of environmental health; stepping up efforts to raise awareness of ways to prevent epidemic, endemic and infectious diseases, in particular AIDS and hepatitis C; imparting religious and ethical values in order to ensure that moral standards in Yemen are upheld; and teaching people a sense of duty and responsibility as a way of stopping them from becoming involved in extremism or terrorism of any kind.

103.The government media conducted 286 outreach activities via national radio stations and local television channels in order to highlight issues that affect children (the dangers associated with violence against children, particularly child trafficking; protection of children from involvement in armed conflict; violence in schools; physical abuse; and exclusion from education). Total broadcast time was 13,268 minutes for a total of 15,354 broadcasts. Training on the issue of violence was given to 63 journalists.

104.The Shudhab Foundation for Childhood and Development carried out activities to educate children and families about the dangers of weapons. For example:

An animated film was produced on the risks that people who carry weapons pose to children and the risks posed by children carrying weapons;

An information campaign was conducted on the dangers associated with weapons. Large posters and advertisements were displayed on streets and walls, newspaper articles were published, and an opinion poll was conducted among children, officials and victims on the dangers associated with children carrying weapons. The material was copied on to 1,000 CD-ROMs, which were then distributed to schools and community centres;

The animated film Ahmed and the deadly toy was premiered at the Mövenpick Hotel with 40 boys and girls and 3 government ministers present. The significance and aims of the film were discussed on Al-Jazeera, Al-Arabiya and Middle East Broadcasting (MBC) channels, as well as on the Yamania satellite channel and in a number of local and Arab newspapers. The film has been spoken of highly in Yemen and the Arab world;

A television series on the dangers of children carrying weapons was produced and broadcast on Yemeni television in order to make as many people as possible aware of the problem, given that weapons can pose a threat to children’s fundamental right to life;

A programme of cultural, recreational and sporting activities for some 1,500 displaced boys and girls from Sa`dah was established jointly with UNICEF at Al-Mazraq Camp in Harad;

A fair was organized on the theme of protecting children in emergencies. A children’s studio was set up for free drawing activities and football, cultural and recreational competitions and group games were held;

Training on life skills and child-to-child approaches was provided, in cooperation with UNICEF, to 70 boys and girls from Al-Mazraq camps 1 and 2. Two student councils were formed at the camps to investigate abuses and produced a report on their findings for reproduction in a children’s publication;

A solidarity march was held to protest against the involvement of children in armed conflict. Fifty children participated and handed in a message for the Secretary-General of the United Nations to a United Nations representative and a representative of UNICEF. Following the march, a press conference on the need to end the exploitation of children in armed conflict was held. It was attended by representatives of non-governmental and international children’s organizations and by journalists;

In cooperation with UNICEF, a puppet theatre was established and facilities were provided for a children’s storyteller to do his work in Al-Mazraq camps 1 and 2.

105. In 2010, the Shudhab Foundation and the United States Embassy in Sana`a instituted a programme to protect children from exploitation in armed conflicts and wars. The Foundation has held events in connection with various parts of the programme, as detailed below:

A conference in support of action to end the involvement of children in armed conflict was held for 30 journalists in Sa`dah province, including radio journalists, newspaper journalists and press officers from various non-governmental organizations. Working papers on the rights of the child and on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict were presented. After the conference, round-table discussions were held and views were exchanged on support and advocacy mechanisms and how to disseminate information about them in the media;

A workshop was held for 50 decision makers, representatives of local councils and civil society organizations, and lawyers in Sa`dah governorate;

Activities were undertaken to raise awareness of support and advocacy mechanisms for preventing the involvement of children in armed conflict and to build capacities in that regard;

Ten consultation meetings were held with decision makers, school principals and heads of civil society organizations, local councils and school parent councils. The objectives were to rally support for adherence to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, to explain the State’s legal obligations in respect of implementation and to help build the capacities of decision makers and stakeholders in the governorate in this area. The meetings led to a petition being drawn up to protest against the involvement of children in armed conflict. The petition was signed by 200 people who deal with child-related issues in the governorate of Sa`dah;

A poster about the dangers of the children’s involvement in armed conflict was designed and 2,000 copies were printed and distributed to schools in Sana`a, Aden, Hajjah, Ta`izz, Sa`dah, Al-Dali` and Hadramaut;

A publication was produced on the dangers of involving children in armed conflict;

Some 5,000 copies of the two optional protocols were printed and distributed to decision makers, professionals who work with children, and parent councils in Sa`dah, Al-Dali`, Aden, Abyan, Sana`a and Ta`izz;

A workshop was held for 30 participants from civil society organizations and for principals and teachers from schools in Sana`a governorate. The participants were given training on the two optional protocols in order to help change their approach to child protection, build their capacities in advocacy work and ensure that all their programmes include activities that highlight the need to end children’s involvement in armed conflict.

F.Objectives of education

106.The content of article 29 of the Convention on the Rights of the Child is reproduced in the Public Education Act No. 45 of 1992 and in the document entitled “Starting-points for school curricula”, which sets out the objectives for education as a whole, for different stages of education and for curriculum subjects. Article 15 of the Act provides: “The education system is designed to provide an ever-evolving and holistic form of education that will contribute to the spiritual, ethical, intellectual and physical development of students and help to turn them into upstanding citizens with well-rounded personalities.”

107.The document “Starting-points for school curricula” illustrates the point that Arab, Islamic and human ideals underpin the educational philosophy of Yemen. These ideals are based on sound moral values and support the principles of respect for human rights, freedom and dignity, equality in rights and duties, the right to individual freedom and dignity, patriotism, and a sense of respect for national institutions and laws. The country’s educational philosophy is founded on the concepts of social justice, equal rights, openness to the world’s cultures and civilizations and mutual respect and understanding between peoples. It also emphasizes the importance of taking an interest in international affairs and of justice, equality, world peace and mutual respect among peoples, States and civilizations. These and other educational principles are taught as a means of developing students’ whole personality, improving their ability to think scientifically, analytically and critically and fostering initiative, creativity, originality and participation.

108.The education system is designed to provide an ever-evolving and holistic form of education that will contribute to the spiritual, ethical, emotional, social intellectual, physical and aesthetic development of Yemeni students and help turn them into upstanding and productive citizens who can participate in democratic life, discharge their duties, uphold private and public rights, assume responsibility, and observe and defend the rights of others. An additional goal is to ensure that these citizens take an interest in issues that affect individuals and communities, such as population growth, the environment, health, water, human rights and the education of girls.

109.A process for reviewing and developing educational objectives to ensure that the manifold changes unfolding in the local, regional and international arenas are reflected in them is currently in its final stages. This is one element of a plan established by the Cooperation Council for the Arab States of the Gulf (GCC).

Integrating human/child rights culture into school curricula

110.The task of integrating human rights into school curricula is a matter for the Ministry of Education of Yemen. The various initiatives undertaken by the Ministry to prepare the groundwork for this task include the following:

A survey was conducted in 2007, with support from UNICEF, to assess how children’s rights are reflected in school curricula;

A survey is being conducted to assess how human rights concepts are reflected in primary and secondary school curricula. The aim is to identify the rights that are included in curricula and to determine how to incorporate them into different subjects and the different stages of education. A review will then be conducted to explore how human rights concepts can be integrated into the curricula, with due account being taken of the developmental stage, age, needs and experience of pupils and the subject matter.

111.The Ministry has carried out an array of programmes along similar lines. The main ones are briefly described below:

The Ministry participated in the formulation of the Arab Plan for Human Rights Education, which was established under the auspices of the League of Arab States. The League adopted the Plan after it had been approved by Arab leaders at the Arab Summit held in Damascus in March 2008;

In 2005, a committee on human rights education was established with members drawn from divisions of the Ministry of Education, the Ministry of Human Rights and the Ministry of Foreign Affairs and from civil society organizations;

The information programme on international human rights law has been running since 2003. It is carried out in cooperation with ICRC and a number of government bodies, including the Ministry of Foreign Affairs and the Yemen Red Crescent Society. In 2008, the programme was expanded to include 48 schools in 16 governorates;

Yemen hosted the fifth regional meeting of the “Exploring international humanitarian law” programme, on the theme “Five years of experience in practice”. The meeting was held in Sana`a in November 2007 and 13 Arab States attended. The subject of international humanitarian law was introduced into the syllabus for grades 7–11 and a teacher’s manual was produced in 2008;

Preparations are in the final stages for a survey to identify how gender issues are presented in school curricula. This initiative has been taken in response to a recommendation made by the Committee on the Rights of the Child following its consideration of the State’s third periodic report. The Committee had recommended that measures should be taken to improve the way that girls were portrayed in school textbooks;

Preparations are in the final stages for a survey that will examine how school curricula raise awareness of democratic values and electoral processes and how they can be improved in this regard.

112.The Ministry has conducted a range of activities to publicize the Convention in the educational sphere. In particular:

Training on children’s rights was provided to three senior staff members from the Curriculum and Guidance Department and the Education Department in Sana`a governorate;

Training was given to 50 textbook authors on analysing the contents of the international Convention on the Rights of the Child;

Five training sessions were held in schools to raise awareness of children’s rights among teachers and students;

School Democracy Day was established to encourage students to participate in democratic life. Heads of class and of student committees are elected on the Day and the Prime Minister opens the celebrations in a number of schools.

IV.Prohibition and related matters (arts. 1, 2 and 4, paras. 1 and 2)

A.Information on all criminal legislation in force relating to articles 1 and 2 of the Optional Protocol

113.The observance of treaties is a cornerstone of the legal system of Yemen. The conventions, treaties and protocols which Yemen signs and ratifies have the status of national law, apart from those provisions which are the subject of reservations entered by Yemen or which contravene the basic tenets of Islamic law. A variety of penalties are prescribed for breaching these instruments, and the practices referred to in articles 1, 2 and 4 of the Optional Protocol are prohibited by law and classified as criminal offences. The foremost of these national laws is the Constitution, article 36 of which was cited above. National legislation is for the most part in conformity with the Optional Protocol, notably:

The Compulsory National Service Act (Act No. 22 of 1990), as amended;

The General Reserve Act (Act No. 23 of 1990);

The Armed Forces and Security Forces Service Act (Act No. 67 of 1991);

The Juvenile Welfare Act (Republican Legislative Decree No. 24 of 1992), as amended, and its implementing regulations;

The Organization of Military Colleges Act (Republican Legislative Decree No. 35 of 1992);

The Bearing and Trading of Firearms and Ammunition Regulatory Act (Act No. 40 of 1992);

The Offences and Penalties Act (Republican Legislative Decree No. 12 of 1994);

The Labour Code (Republican Legislative Decree No. 5 of 1995), as amended;

The Military Offences and Penalties Act (Act No. 21 of 1998);

The Abduction and Highway Robbery Act (Republican Legislative Decree No. 24 of 1998);

The Police Authorities Act (Act No. 15 of 2000);

The Child Rights Act (Act No. 45 of 2002) and its implementing regulations.

Main provisions of criminal laws that are relevant to the Optional Protocol in general and articles 1 and 2 in particular

The Compulsory National Service Act (Act No. 22 of 1990)

Article 26: Without prejudice to any higher penalty that may apply, the penalty stipulated in article 25 shall be imposed on any person who unlawfully prevents another person from performing compulsory national service or who delays that person’s conscription by neglecting to include his name on the established rosters or unlawfully deleting or adding that person’s name to a roster or making false statements to assist another to do so.

Article 27: Any person who absconds or who uses deception to evade his obligation to perform compulsory national service shall be liable to a term of up to 3 years’ imprisonment or a fine ranging from 10,000 to 30,000 Yemeni rials.

Article 29: The courts shall hear offences covered by this Act, hand down decisions and impose the penalties prescribed herein on any person who assists, participates in or instigates the commission of these offences or contributes to them by any of the other methods enumerated in the Criminal Code.

The Juvenile Welfare Act (Republican Legislative Decree No. 24 of 1992), as amended

Article 46: Without prejudice to the provisions on participation set forth in the Criminal Code, a term of up to 3 years’ imprisonment or a fine of up to 20,000 Yemeni rials shall be imposed on any person who corrupts a minor by preparing, aiding, instigating or facilitating his or her engagement in a depraved act, even if the act does not actually take place. The penalty shall be doubled, if the perpetrator uses coercion or threats against the minor or is his or her ascendant, tutor or supervisor or a person granted authority over the child pursuant to this Act. Perpetrators of offences against more than one minor, even if committed on separate occasions, shall be liable to a term of between 1 and 5 years’ imprisonment. They shall be assumed to have been aware of the age of the minors, unless they can prove that there was no possibility of determining it.

Article 47: The provisions of the Criminal Code and the Code of Criminal Procedure shall apply in cases where this Act makes no special provision.

The Offences and Penalties Act (Republican Legislative Decree No. 12 of 1994)

Article 31: Persons who were under 7 years of age at the time they committed the offence shall not be deemed to bear criminal responsibility. For juvenile offenders from 7 up to 15 years of age, the court shall impose one of the measures provided for under the Juveniles Act instead of the statutory penalty. Juvenile offenders from 15 up to 18 years of age shall be sentenced to no more than half of the maximum penalty established by law. In cases where the death penalty applies, juveniles shall be sentenced to a term ranging from 3 to 10 years’ imprisonment, which shall in all cases be served in special facilities where convicted juveniles can receive appropriate treatment. Juvenile offenders under 18 years of age shall not bear full criminally liability. If the age of the accused has not been ascertained, the judge shall make an estimate with the help of an expert.

Article 86: If the body of a person who has been murdered is found in a place where there are only women and children present, blood money (diyah) shall be paid by the public treasury.

Fraudulent evasion of military service

Article 221: Any person who submits false documents, causes himself physical harm, damages, his health, or uses any other means to seek exemption from compulsory national service and any person who enlists in the Armed Forces fraudulently or who helps a person or persons to do so in contravention of military law shall be liable to a term of up to 5 years’ imprisonment.

The Military Offences and Penalties Act (Act No. 21 of 1998)

Article 221: Subject to the provisions of article 72 of this Act:

(a)Any person who fails to do compulsory national service, despite having been called up to serve, shall be liable to a term of up to 6 months’ imprisonment;

(b)Any person who fails to perform his duty while serving in the field shall be liable to a penalty of up to 2 years’ imprisonment;

(c)Any person who evades his duty or refuses to perform it or to discharge the functions assigned to him during general mobilization shall be liable to the penalty laid down in paragraph (b).

Fraudulent enlistment and evasion of conscription

Article 62: Any person who commits any of the following offences shall be liable to 2 years’ imprisonment:

(a)Providing false documents or untrue statements or using any other means to seek to evade compulsory national service;

(b)Enlisting fraudulently in the Armed Forces before being legally discharged from service and without fulfilling the conditions on re-enlistment or service in more than one military unit;

(c)Aiding in the fraudulent recruitment of a person into the Armed Forces knowing it to be a punishable offence;

(d)Intentionally breaching the laws, statutes and orders on military service as they relate to admission into the Armed Forces;

(e)Providing false documents showing that service has been completed. In such cases, the penalty for a repeat offence shall be up to 5 years’ [imprisonment] or discharge.

The Child Rights Act (Act No. 45 of 2002)

114.Even though this Act concerns children, the penalties of deprivation of liberty and the financial penalties prescribed in articles 155–166 are not comprehensive and do not cover all violations relating to children. These penalties need to be revised in order to cover all offences against children, along the lines of article 149 of the Act, which relates to the provisions of the Optional Protocol on protecting children from the effects of and involvement in armed conflict. It provides that:

“The State shall apply the principles of international law concerning children and the protection of children in armed conflict by:

(a)Prohibiting children from carrying weapons;

(b)Protecting children from the effects of armed conflict;

(c)Protecting children from reprisals;

(d)Ensuring that children are shielded from involvement in war;

(e)Ensuring that no one under 18 years of age is conscripted into the Armed Forces.”

The Military Offences and Penalties Act (Act No. 21 of 1998)

Article 35: A term of up to 3 years’ imprisonment or a penalty of discharge from the Armed Forces shall be imposed, depending on the gravity of the offence, on any person who:

(a)Intentionally enters or plays a part in entering a false statement in a report, official register, work schedule, salary schedule, certificate, ledger, military card or any other document which he or she has submitted or signed or is required to validate, or knowingly deletes an entry or carries out any of the aforementioned acts with intent to defraud or in connection with fraud;

(b)Deletes, tampers with, alters or causes the loss of a document which he or she is required to preserve or produce and this with the intention of harming another person or committing fraud;

(c)Intentionally makes a false statement on any matter in respect of which his or her duty requires him or her to make a statement.

Article 54: A term of up to 5 years’ imprisonment shall be imposed on any person who:

(a)Uses the authority that he or she derives from his or her official position to infringe the laws, regulations or ordinances in force, or refuses to comply with orders and judgements issued by a court or a competent body, or deliberately refrains from complying with them even when required to do so as part of his or her duties;

(b)Abandons or fails to perform his or her duties with the aim of obstructing the work process or causing a disruption;

(c)Deliberately makes, proffers or delivers untrue statements that are damaging to others;

(d)Uses his or her position to appropriate public or private money or to set up unauthorized military checkpoints.

Article 62: Any person who commits any of the following offences shall be liable to a term of 2 years’ imprisonment:

(a)Providing false documents or untrue statements or using any other means to seek to evade compulsory national service;

(b)Enlisting fraudulently in the Armed Forces before being legally discharged from service and without fulfilling the conditions on re-enlistment or service in more than one military unit;

(c)Aiding in the fraudulent recruitment of a person into the Armed Forces knowing it to be a punishable offence;

(d)Intentionally breaching the laws, statutes and orders on military service as they relate to admission into the Armed Forces;

(e)Providing false documents showing that service has been completed. In such cases, the penalty for a repeat offence shall be up to 5 years’ [imprisonment] or discharge.

Supplementary provisions

Article 21: Any person subject to the provisions of this Act who in wartime commits an act that causes damage to persons and property afforded protection under the international treaties to which Yemen is a party shall be liable to a term of up to 10 years’ imprisonment or a penalty commensurate with the gravity of the offence. The following acts in particular shall be deemed war crimes that are punishable under the present Act:

(1)The killing of prisoners or civilians. There shall be no statute of limitations in cases where the victim is a person whose blood it is unlawful to shed (muhtaram al- damm);

(2)The torture, ill-treatment or deliberate infliction of severe pain on prisoners or their subjection to scientific experiments;

(3)The deliberate infliction of serious damage to the physical and mental integrity and health of military and civilian prisoners or their forced recruitment into the Armed Forces;

(4)The unlawful detention of civilians, the taking of civilian hostages, or the use of civilians as human shields during military operations;

(5)The fraudulent use of the distinctive emblem of the Yemeni Red Crescent or any other international protection symbol recognized as such under international treaties;

(6)The carrying out of attacks against civilians and persons hors de combat and the looting and plundering of property, even if assurances are given that it will be restored or that the loss will be compensated;

(7)The carrying out of attacks against public and private civilian infrastructure;

(8)The carrying out of unjustified attacks against demilitarized zones.

Laws, decrees and military codes adopted to give effect to the Optional Protocol

115.Details are provided above.

B.Legal difficulties with the implementation of the Optional Protocol

116.The difficulties are the following:

The provisions and terminology used in current legislation to define a juvenile have not been standardized, as illustrated below:

The Juvenile Welfare Act (Republican Legislative Decree No. 24 of 1992), as amended, defines a juvenile as “any person who was under 15 full years of age when he or she committed a criminal offence or was at risk of delinquency”;

The Child Rights Act (Act No. 45 of 2002) and its implementing regulations define a juvenile as “any child over 7 years of age who has not reached the age of majority”;

In that context, the Government has submitted a draft amendment to the Juvenile Welfare Act (Republican Legislative Decree No. 24 of 1992) which is still blocked in the House of Representatives for reasons that have to do with the sharia. In addition, the Government is currently waiting on a bill to replace the Labour Code;

The Labour Code (Republican Legislative Decree No. 5 of 1995), as amended, defines a juvenile as “any boy or girl under 15 years of age”;

The current legislation does not prescribe explicit, clear and specific penalties for involving children in armed conflict or conscripting children who are under the age specified in the Optional Protocol;

There are no laws or provisions that explicitly and clearly criminalize or penalize acts committed by the State or by members of the community (tribes, groups, armed gangs, individuals and sheikhdoms) whereby children are involved in armed conflict;

There are no clear and explicit legal provisions prescribing penalties for inciting children to commit weapons offences;

There is a proliferation of weapons in local communities and it is difficult to apply the Bearing and Trading of Firearms and Ammunition Regulatory Act (Act No. 40 of 1992) in regions, villages and rural areas where it is common practice for children and adults to carry weapons.

C.Position of Yemen in respect of certain international conventions

117.Yemen has ratified a number of conventions and instruments relating to the Optional Protocol, including the following:

The first and second Protocols Additional to the Geneva Conventions of 1949, adopted in 1977 (ratified by Act No. 4 of 1990);

Republican Decree No. 432, ratifying the International Labour Organization (ILO) Worst Forms of Child Labour Convention, 1999 (No. 182);

Act No. 6 of 2001 on accession to the Arab Labour Inspection Convention No. 19 of 1998;

Act No. 19 of 2004 on accession to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;

Act No. 20 of 2004 on accession to the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography;

The Rome Statute of the International Criminal Court of 1998, which was signed on 28 December 2000 and remains pending before the House of Representatives.

D.Criminal liability of legal persons

118.Under Yemeni law, a body corporate, just like a natural person, bears criminal liability for all its actions and for causing harm to others. The difference lies in the specific aspects of each action and the element of necessity. The laws in force refer to criminal liability of legal persons in the terms set out below.

The Offences and Penalties Act (Republican Legislative Decree No. 12 of 1994), as amended

119.Article 1 of the Act defines a public official or a person in a similar position as follows:

“In accordance with the provisions of this Act, the President of the Republic, the Vice-President, the Prime Minister and ministers are deemed to be public officials, as are all persons who assume the burdens of public service, whether or not they are paid and regardless of the validity of the decision to appoint them. This includes members of the judiciary, the Armed Forces and the police and public authorities, elected or appointed members of national or local houses of representatives, arbitrators, experts, notaries public, procurators, lawyers, official receivers, and members of boards of directors and employees of companies and banks in which the Government holds shares.

“Public institution:

“A public institution is a facility or corporation owned by the Government or in which the Government holds shares that has been set up to serve the public interest. Such institutions include public organizations and corporations, political parties, trade unions, syndicates, associations, administrative offices and local councils.

“Legal person:

“The definition includes corporations, organizations, institutions and associations that are recognized as legal persons under the law. They shall be treated as natural persons in respect of the offences specified in this Act and it will be sufficient to impose the applicable penalties on them [for such offences].”

According to article 2 of the Act:

“Criminal liability is assigned to the person, and the principle of legality applies.”

The Civil Code (Act No. 14 of 2002)

Article 36

“The law applies to natural (human) or other (legal) persons as provided therein.”

120.A bill on the regulation of private security companies is currently under consideration. In addition to providing for the regulation of such companies, the bill defines their obligations and responsibilities and the conditions for recruiting their personnel. It stipulates that candidates must be at least 20 years of age and must submit a medical certificate, issued by a government hospital, as proof of age. The bill prescribes criminal penalties, including corporal and financial penalties, for violations.

121.Consequently, any natural or legal person who breaches the laws in force, whether in relation to the Optional Protocol or to any other matter, is legally liable for their actions, as is stated in various laws.

E. Jurisdiction over the acts and offences referred to under articles 1, 2 and 4 of the Optional Protocol

National legal provisions concerning the principle of jurisdiction

122. A list of legal provisions concerning the principle of jurisdiction is set out below.

The Offences and Penalties Act (Republican Legislative Decree No. 12 of 1994), as amended

Article 1: Definitions: State territory: State territory is the land and territorial waters of the State and anything above or below them, including aircraft and naval vessels, wherever they may be, which have the nationality of the State and fly its flag;

Article 3: Territorial jurisdiction: This Act is applicable to all offences committed against residents of Yemen, irrespective of the nationality of the perpetrator. An offence is deemed to have taken place in Yemen, if any of its constituent acts take place there or if it was committed wholly or in part in State territory. This Act applies to persons who participate in an offence, even if they are abroad when they do so. It also covers extraterritorial offences over which Yemeni courts have jurisdiction in accordance with the Code of Criminal Procedure.

Civil Procedure and Enforcement Act (Act No. 40 of 2002), as amended

“Article 78: The Yemeni courts have jurisdiction to hear lawsuits filed against Yemeni nationals, even if they are not resident or domiciled in Yemen, except for cases concerning real estate abroad.”

“Article 79: The Yemeni courts have jurisdiction to hear lawsuits filed against foreign nationals who are residents or domiciled in Yemen, except for cases concerning real estate abroad.”

Additional provisions are found in articles 80–84 of the Act.

The Civil Code (Act No. 14 of 2002)

“Article 23: Yemeni law is the authoritative source when it comes to characterizing and defining the nature of a relationship in cases where conflicting laws are at issue and it is necessary to determine which law is applicable.”

Additional provisions are found in articles 24–34 of the above Act.

The Military Offences and Penalties Act (Act No. 21 of 1998)

“Article 5: A person subject to this Act who does an act while abroad that results in that person being deemed the perpetrator of or an accomplice to an offence under this Act shall be punished in accordance with this Act, even if the offence is not punishable by the law of the country in which it was committed. However, if the act is a punishable offence, the person shall not be exempt from undergoing a second trial before a military court. Any sentence issued must take into account the time already served.”

Code of Criminal Procedure (Act No. 13 of 1994)

123. Articles 17, 75, 231, 232, 234, 236 and 244–246 provide as follows:

Article 17

(1)“The Code of Criminal Procedure covers all criminal acts carried out in the territory of the Republic of Yemen.

(2)“The Code of Criminal Procedure applies to Yemeni citizens, foreign nationals and stateless persons.”

Article 75

“Arrest warrants that have been issued under the conditions established by law shall be valid in all parts and dependencies of the Republic, including on board naval vessels and aircraft that fly the national flag [...].”

Article 231

“Courts of first instance are competent to hand down decisions in respect of all offences that take place within their area of jurisdiction.”

Article 232

“Appeals courts are competent to hear all appeals lodged against the decisions and rulings of the courts of first instance within their area of jurisdiction.”

Article 234

“Local jurisdiction shall be established based on the place where the offence was committed or where the defendant resides or is arrested. The court that is first seized of the case shall be deemed to have jurisdiction.”

“In the case of attempt, the offence shall be deemed to have been committed wherever an act intended to culminate in its commission was initiated.”

Article 236

“(1) Where an offence under Yemeni law is committed abroad by a person who has no known address in Yemen and who has not been arrested there, court proceedings shall be brought against that person in the courts of the capital.”

“(2) Where an offence is committed partly abroad and partly in Yemen, the court in the place in Yemen where constituent acts of the offence were carried out shall have local jurisdiction over the matter.”

Article 244

“The Yemeni courts shall also have jurisdiction over offences committed at sea on board vessels bearing the Yemeni flag, irrespective of the nationality of the perpetrators, and over offences committed on board foreign commercial vessels in Yemeni ports or in Yemeni territorial waters. The court closest to the first port at which the vessel weighs anchor shall have jurisdiction in the matter.”

Article 245

“The Yemeni courts shall have jurisdiction over offences committed on board Yemeni aircraft, irrespective of the nationality of the perpetrators, and over offences committed on board foreign aircraft where the perpetrator or the victim of the offence is a Yemeni national. If the aircraft then lands in Yemen, the court in the locality where the aircraft lands shall have jurisdiction, provided that the perpetrator is arrested upon landing. If the arrest is made inside Yemen, the court in the locality where the accused is arrested shall have jurisdiction. If the accused is arrested outside State territory, the Yemeni courts may hear the case.”

Article 246

“The Yemeni courts are competent to try any Yemeni national who commits a criminal offence outside State territory, if that person then returns to the country and if the offence is punishable under the law of the State where it was committed.”

Extradition of persons accused of having committed offences referred to in the Optional Protocol: legal basis, including international agreements, for cooperation with other States parties

124. The rules on the use of letters rogatory in cases where Yemen has no treaty with a foreign State or where such treaties are silent on the matter are set forth in section IV of the Code of Criminal Procedure (International Letters Rogatory). According to article 252 of the Code: “During the examination of a case, the Department of Public Prosecutions or the court may issue a request for a foreign authority to institute a procedure or procedures in connection with a preliminary or a final investigation and may address a letter rogatory to the Ministry of Foreign Affairs for transmission via the diplomatic channel. In urgent cases, a letter rogatory may be sent directly to the foreign judicial authority that has been requested to institute the procedure. In such cases, a copy of the letter rogatory, accompanied by a full set of documents, must be sent to the Ministry of Foreign Affairs for transmission via the diplomatic channel.”

125. Conversely, article 253 of the Code provides that: “The Department of Public Prosecutions or the court shall accept and follow up on a letter rogatory that it receives from a foreign authority through the diplomatic channel in accordance with the rules laid down in Yemeni law. If the letter rogatory is sent directly, information about the outcome of the procedure shall only be communicated to the foreign authorities after the diplomatic request has been received.”

126. In addition, the directives issued to the Department of Public Prosecutions on the application of the Code of Criminal Procedure state that: “In accordance with the principle of international comity, States must respond to requests for judicial assistance, even if they do not have an international agreement on the matter with the requesting State. Letters rogatory may cover all elements of an investigation such as the hearing of witnesses, confrontation of witnesses, the appointment of experts, the seizure of items, searches, and questioning of accused persons. However, they may not include a request to have the person sought for questioning placed in detention. This step may only be taken when extradition proceedings are under way” (art. 563).

127. According to article 564: “Due regard shall be had to the provisions of the convention that was adopted by the States Members of the League of Arab States on 9 June 1953, as briefly described below:

“1. Every State bound by the present Convention shall be entitled to request any other State that is a party to the Convention to initiate a judicial procedure in its territory, on behalf of the requesting State, in connection with a case awaiting trial.

“2. A letter rogatory shall be submitted through the diplomatic channel and executed in the following manner:

“(a) The competent judicial authority shall execute a letter rogatory in accordance with its own rules of procedure. If the requesting State wishes the letter rogatory to be executed by a different method, the receiving authority shall accede to its request, provided that it would not in so doing be acting in contravention of the laws of the requested State.

“(b) The judicial authority shall give notice of the place, date and time of execution of the letter rogatory in order to give the party concerned the opportunity to appear in person, should he or she wish to do so, or to deputize someone to appear on his or her behalf.

“(c) If the letter rogatory cannot be executed or if it pertains to an action or a procedure that is precluded by the law of the requested State, the requested State shall inform the requesting authority about the situation and explain its reasons.

“(d) The requested State shall bear the costs of execution of the letter rogatory, except for experts’ fees, which shall be paid for by the requesting State. A list shall be sent together with the letter rogatory. The requested State shall charge the fees established under its laws for documents submitted in connection with the execution of the letter rogatory.

“3. A judicial procedure instituted in response to a letter rogatory that has been submitted in accordance with the provisions set out above shall have the same legal effect as it would have had if it had been instituted by the competent authority in the requesting State.

“4. Nationals of a State requesting the institution of a judicial procedure in a country that is a member of the League of Arab States may not be asked to pay costs or a deposit or a surety that nationals of the requested country would not be required to pay. They may not be denied the right to legal assistance or to exemption from legal fees if such is enjoyed by nationals of the requested country.”

128. We should like to draw attention to the procedures followed by the Yemeni police in cases where an international criminal has been apprehended and is awaiting extradition. The branch of the International Criminal Police Organization (Interpol) in Yemen will ask the Yemeni police to arrest a foreign criminal whose extradition is sought, to place him or her in custody for a period of 7 days, to seize any items on his or her person, and to proceed with questioning. This will take place in the following circumstances:

(a) Upon receipt of a telex or letter from the General Secretariat of Interpol;

(b) Upon receipt of an Interpol Red Notice;

(c) Upon receipt of a telex or communication from any national branch office.

129. These documents must clearly state the nature of the charge and the name of the body that issued the arrest warrant. They must indicate that extradition of the offender will be sought. Within one week of the date of arrest, the judicial authority in the requesting State must send a telex confirming the extradition request. If the telex is not received by the stated deadline, the person will be released. The Yemeni police may hold a foreign national whose extradition is being sought for a period of one month, pending the arrival of extradition documents through the diplomatic channel. If the documents have not arrived by the end of that period, the foreigner national must be released.

130. These procedures are taken without prejudice to the right of the Yemeni police to intervene in any situation that may arise in such a case.

V. Protection, recovery and reintegration (art. 6, para. 3)

A. Measures adopted to implement article 6, paragraph 3 to ensure that the rights and best interests of child victims of practices prohibited under the Optional Protocol are protected and respected

131. Studies show that 15–20 per cent of child victims of practices that are prohibited under the Optional Protocol were used in hostilities by armed groups that have no connection with government Armed Forces. A small number of children under 18 years of age were used in hostilities by tribal groups that were working with the State to defend territory or guard personal property that had been attacked by armed rebel groups.

132. The Yemeni Government has taken measures to safeguard the best interests of child victims of these practices. It has also taken steps to provide for the demobilization and reintegration of child victims of prohibited practices who were used by armed groups distinct from government Armed Forces. These measures include the following:

Article 149 of the Yemeni Child Rights Act, on the protection of children from the effects of armed conflict, provides that the best interests of all children in need of special protection, including child victims of practices that are prohibited under the Optional Protocol, shall be safeguarded;

Children who used to work with tribes that fought against armed rebel groups have urged adult members of their families to provide them with protection. The Government has stated that it refuses to allow tribal children to participate in hostilities or in providing any other services related to the conflict;

The Government has exercised restraint when dealing with child victims of prohibited practices carried out by armed rebel groups. It treats them as victims of crime and has granted them a presidential pardon in order to ensure that their best interests are served;

Although armed rebel groups are deemed to have infringed the country’s laws by using children in hostilities, the Government uses community-based restorative justice mechanisms to deal with them in the context of its peacemaking efforts. It does so in order to serve the interests of these child victims.

B. Measures adopted to ensure that legal and psychological training is given to persons who work with victims of the offences prohibited under the Optional Protocol

133. In addition to the activities mentioned in paragraphs 14–16 of the present report, the Ministry of Justice has held a training workshop for 80 judges, prosecutors, police officers and lawyers on the international Convention on the Rights of the Child, the Optional Protocol on the involvement of children in armed conflict and the legal procedures for dealing with such children as victims.

134. During the period 2009–2010, the Ministry of Social Affairs and Labour held nine training courses for a total of 410 social workers, psychologists and teachers on psychosocial techniques and programmes for dealing with child victims of armed conflict and of practices that are prohibited under the Optional Protocol.

135. In addition, training was given to 900 police and Armed Forces officers on legal procedures for dealing with child victims of practices that are prohibited under the Optional Protocol.

C. Demobilization programmes provided to child victims of hostilities and assistance with social reintegration, family reunification and physical and psychological recovery

136. During the time when it temporarily held children who had been recruited by anti-Government armed groups, the Government implemented a number of programmes to assist with reintegration, family reunification and the physical and psychological recovery of these children. The programmes included:

Religious and psychological counselling sessions for children in State custody;

Return of the children to their families and relatives under a mediation process managed by the State of Qatar;

Efforts, made through the Qatari mediation panel, to persuade armed rebel groups to end the practice of involving or using children in armed conflict. However, the full reintegration of children used by armed rebel groups requires considerable efforts and will not be an easy process.

137. In order to promote cooperation between governmental and non-governmental organizations in the provision of reintegration programmes and physical and psychological recovery programmes for child victims, the Ministry of Social Affairs and Labour, with the support of the United Nations Children’s Fund (UNICEF), has:

Established three committees for the protection of children during emergencies and armed conflict in the affected provinces, namely, Sa`dah, Amran and Hajjah. These committees are composed of representatives of local authorities, civil society organizations and international organizations;

Established grass-roots committees in affected communities, in addition to councils made up of children affected by the armed conflict. These bodies help with child victim protection programmes and in this way the community and children themselves contribute to this effort;

Some civil society organizations, including the Shudhab Foundation for Childhood, the Democracy School, Siyaj, and the Children’s Parliament, have participated in monitoring child victims of practices that are prohibited under the Optional Protocol and have helped to implement a number of protection, reintegration and family reunification programmes.

VI. International assistance and cooperation

Measures to strengthen international cooperation regarding the implementation of the Optional Protocol

138. In order to strengthen international cooperation, the Yemeni Government and UNICEF have formed a group for the protection of children in emergencies. The group includes representatives of the Ministry of Social Affairs, the Ministry of Interior, the Ministry of Human Rights, the Ministry of Education, the Supreme Council for Motherhood and Childhood, UNICEF, UNHCR, the International Organization for Migration (IOM), the Child Welfare Organization, the United Nations Population Fund (UNFPA), Islamic Relief, the Shudhab Foundation, Siyaj and the Reform Society. The work of the group is coordinated by UNICEF and the Ministry of Social Affairs and Labour.

139. Since the beginning of the sixth war, the group has held meetings twice a month, has planned a full range of activities related to the protection of child victims of armed conflict, and has earmarked appropriate funding for them.

140. ICRC, in cooperation with the Yemen Red Crescent Society, funds and carries out numerous activities to protect displaced persons and child victims of armed conflict.

141. In addition, WFP, the World Health Organization (WHO) and Médecins sans Frontières assist in most humanitarian relief and protection activities and in the delivery of services for child victims of armed conflict.

142. Some States have delivered relief aid to displaced persons in the camps, including:

State	Type of assistance
Kingdom of Morocco	Three aircraft loads (18.5 tons) of foodstuffs; 300 large tents (stored in Yemeni Economic Institution warehouses and distributed to displaced persons in accordance with the guidelines); and 10 tons of medicines (stored in Ministry of Health warehouses, with special bills of entry for warehousing, and distributed as needed to mobile clinics and health facilities that serve displaced persons)
State of Kuwait	Sixteen cargo trucks, including 10 carrying tents and blankets worth US$ 547,000 and 6 tented cargo trucks (stored in Yemeni Economic Institution warehouses and distributed when establishing camps)
Arab Republic of Egypt	Two aircraft loads of medicines and foodstuffs (received by the Ministry of Defence)
Sultanate of Oman	Seven aircraft loads of material weighing 350 tons and worth US$ 3 million, including 50 tons of medicines and medical supplies and two 100 kilowatt (kW) electricity generators (received by the Ministry of Health; the generators were distributed to camps for displaced persons in Harad and the medicines are distributed as needed), plus 300 tons of foodstuffs, tents and bedding (stored in Yemeni Economic Institution warehouses)
United Arab Emirates	Five aircraft loads of materials worth 10 million UAE dirhams (Dh) that were needed for the establishment of a second camp for displaced persons in Al-Mazraq. The material was received by the implementing partner of the Saleh Charitable Society and used directly for the establishment of Al-Mazraq Camp 2. The Prince Waleed bin Talal Foundation despatched a first relief convoy of six cargo trucks carrying 1,000 tents and 10,000 blankets (delivered directly to the local authority in Harad directorate, which administers the camp)
Hashemite Kingdom of Jordan	Thirteen tons of medicines and foodstuffs (stored in Ministry of Health warehouses, with special bills of import for warehousing, so that they can be distributed as needed)

143. Some donors provide support directly to United Nations bodies, namely:

State	Assistance
German Government	2.5 million euros
United States Agency for International Development (USAID)	US$ 2.5 million
Kingdom of Saudi Arabia	US$ 1 million
United Kingdom of Great Britain and Northern Ireland	1.5 million pounds sterling
Republic of Korea	US$ 1.92 million, including foodstuffs, registration and management of medical teams
Japan	US$ 2 million, through WFP, WHO and UNHCR

144. Some donors have announced their intention to provide support, namely:

State / O rganization	Type of assistance
Organization of the Islamic Conference	Field hospital valued at US$ 3 million, two ambulances and US$ 250,000 for the reconstruction of Sa`dah.
French Government	US$ 1.5 million
Kingdom of the Netherlands	Additional grant of 500,000 euros

145. The Yemeni Government is taking tough action to stamp out the practice of carrying and possessing weapons. It promulgated the Bearing and Trading of Firearms and Ammunition Regulatory Act (Act No. 40 of 1992), which regulates the possession, trade and import of weapons, including small arms and light weapons.

146. The Ministry of Foreign Affairs and the Permanent Mission of Yemen to the United Nations met with the Special Representative of the Secretary-General for Children and Armed Conflict in April 2010. At that meeting, it was agreed that Yemen would put an end to the situations of concern which had been created by the war in Sa`dah and which it was anticipated would be mentioned in the Secretary-General’s forthcoming report to the General Assembly. The representative of the Government of Yemen and the Special Representative of the Secretary-General for Children and Armed Conflict agreed that the Yemeni Government would be given the opportunity to tackle any concerns relating to children’s rights.

147. The Government of Yemen hopes that the Committee on the Rights of the Child and all the relevant international bodies will support its efforts to give effect to human rights in general and children’s rights in particular so that children may be protected from all forms of violence and exploitation. It hopes that they will also support the efforts that it is making to give effect to the Optional Protocol through the development of a sustainable mechanism for follow-up on the recommendations of the international treaty bodies in this area, including the conduct of national awareness campaigns aimed at decision makers at all levels and studies and analyses pertaining to the introduction of institutional and legal changes in the light of treaty body recommendations and observations. The State wishes to draw the Committee’s attention to the fact that a number of specific measures were taken recently to shield children from involvement in armed conflict. The Secretary-General of the Supreme Council for Motherhood and Childhood made a presentation on the Government’s report on the implementation of the Optional Protocol, pointing out the need to take measures to give effect to children’s rights in this area in Yemen. A ministerial committee was established in the light of the presentation to decide on ways to prevent the involvement of children in armed conflict. The following measures were considered:

Conduct a comprehensive review of all the records of members of the Armed Forces and security services, both volunteers and conscripted men, and produce a comprehensive report on all irregularities, together with lists of all recruits under the age of 18 years who should be demobilized;

Draw up a comprehensive list of all children under the age of 18 years recruited into the Popular Army;

Establish a transparent, scientific method for determining the age of those who have no birth certificate and, if interpretations differ, determine age in accordance with the best interests of the child;

Develop a national strategy and programme of action on the rehabilitation and reintegration of demobilized troops in accordance with the Paris Principles and the Paris Commitments;

Call again on rebels to refrain from recruiting anyone, including children under the age of 18 years, and reaffirm the need for their cooperation and commitment to the demobilization, reintegration and rehabilitation programme for all children recruited during the recent war;

Call on all citizens of all party, tribal and political affiliations to rise above their differences and put the interests of children before all other considerations, as the nation comes first and protection of the nation’s children is a national, legal and moral imperative. All persons have an obligation to shield children from participation in conflict and from becoming involved in disputes in which they play no part. They also have an obligation to make concerted efforts to promote tolerance, patriotism and the values of justice, equality and fraternity;

Contact international agencies and UNICEF to inform them of this decision and coordinate the development of follow-up plans.

148. Yemen reaffirms its full commitment to all the provisions of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, which it spares no effort to implement. May God help us all in the service of humanity!