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Yemen

Executive Summary

Yemen is a republic with a constitution that provides for a president, a parliament, and an independent judiciary. In 2012 the governing and opposition parties chose Vice President Abd Rabbuh Mansour Hadi as the sole consensus candidate for president. Two-thirds of the country’s eligible voters confirmed him as president, with a two-year mandate. In 2014 Houthi forces aligned with forces loyal to former president Ali Abdullah Saleh occupied the capital, Sana’a, igniting a civil conflict between Houthi forces and the Republic of Yemen Government (ROYG) that continued through the year. As a result of the conflict, currently approximately 80 percent of the population lives in territory controlled by the Houthis, not the ROYG.

The primary state security and intelligence-gathering entities, the Political Security Organization and the National Security Bureau, came under Houthi control in 2014, although their structure and operations appeared to remain the same. The ROYG staffed these entities in areas under its control. By law both organizations report first to the interior minister and then to the president; coordination efforts between the two entities were unclear. The Criminal Investigation Division reports to the Ministry of Interior and conducts most criminal investigations and arrests. The paramilitary Special Security Forces was under the authority of the interior minister, as was the counterterrorism unit. The Ministry of Defense supervised units to quell domestic unrest and to participate in internal armed conflicts. Civilian authorities did not maintain effective control over security forces. Houthis controlled most of the national security apparatus in sections of the north and some former state institutions. Competing tribal, party, and sectarian influences further reduced ROYG authority, exhibited in April when the secessionist Southern Transitional Council declared “self-administration” over Aden. Saudi-brokered diplomatic efforts to restore the ROYG to Aden under the Riyadh Agreement were successful in December. Members of the security forces on all sides committed abuses.

In 2014 the Houthi uprising compelled the ROYG to sign an UN-brokered peace deal calling for a “unity government.” The ROYG resigned after Houthi forces, allied with former president Ali Abdullah Saleh’s General People’s Congress (GPC) party, seized the presidential palace in 2015. Houthi forces then dissolved parliament, replacing it with the Supreme Revolutionary Committee. Hadi escaped house arrest and fled to Aden, where he declared all actions taken by Houthi forces in Sana’a unconstitutional, reaffirmed his position as president, pledged to uphold the principles of the 2014 National Dialogue Conference, and called on the international community to protect the country’s political process.

After Houthi forces launched an offensive in the southern part of the country and entered Aden in 2015, Hadi fled to Saudi Arabia, and Saudi Arabia formed a military coalition, which undertook Operation “Decisive Storm,” on behalf of the ROYG. Peace talks in Kuwait in 2016 between the Houthis and ROYG ended inconclusively. In 2017 Houthi forces killed Saleh after he publicly split from the Houthis and welcomed cooperation with the coalition. In 2018 direct talks between the ROYG and Houthis under UN supervision in Sweden led to agreements on a ceasefire in and around the city and port of Hudaydah, as well as on prisoner exchanges and addressing the humanitarian situation in Ta’iz. These agreements were not effectively implemented; hostilities–including Houthi military offensives, Houthi drone and missile strikes within the country and on Saudi Arabia, and coalition airstrikes–continued to date.

Significant human rights issues included: unlawful or arbitrary killings by all parties; forced disappearances by all parties; torture and cases of cruel, inhuman, or degrading treatment or punishment by the ROYG, Houthis, and Emiratis; harsh and life-threatening prison conditions; arbitrary arrest and detention; political prisoners; serious problems with the independence of the judiciary; arbitrary infringements on privacy rights; serious abuses in an internal conflict, including unlawful recruitment or use of child soldiers, primarily by the Houthis; serious restrictions on free expression, the press, and the internet, including violence, threats of violence, or unjustified arrests or prosecutions against journalists, censorship, site blocking, and the existence of criminal libel and slander laws; substantial interference with freedom of assembly and association; serious restrictions on freedom of movement; pervasive abuse of migrants; the inability of citizens to choose their government through free and fair elections; serious acts of corruption; lack of investigation of and accountability for violence against women; criminalization of consensual same-sex sexual conduct between adults; and the worst forms of child labor.

Impunity for security officials remained a problem, in part because the government exercised limited authority and in part due to the lack of effective mechanisms to investigate and prosecute abuse and corruption. The ROYG had limited capacity to address human rights abuses due to the continued civil war. Houthi control over government institutions in the north severely reduced the ROYG’s capacity to conduct investigations.

Nonstate actors, including the Houthis, tribal militias, militant secessionist elements, al-Qa’ida in the Arabian Peninsula, and a local branch of ISIS committed significant abuses with impunity. Saudi-led coalition airstrikes resulted in civilian casualties and damage to infrastructure. (See the Country Reports on Human Rights Practices for Saudi Arabia, the United Arab Emirates, and Iran.)

Section 1. Respect for the Integrity of the Person, Including Freedom from:

g. Abuses in Internal Conflict

The UN Group of Experts concluded that the ROYG, Houthis, Saudi-led coalition, and STC were “responsible for human rights violations including arbitrary deprivation of life, enforced disappearances, arbitrary detention, gender-based violence, including sexual violence, torture and other forms of cruel, inhuman, or degrading treatment, the recruitment and use in hostilities of children, the denial of fair trial rights, violations of fundamental freedoms, and economic, social and cultural rights.” The United Nations, NGOs, media outlets, as well as humanitarian and international organizations reported what they characterized as disproportionate and indiscriminate use of force by all parties to the continuing conflict, causing civilian casualties and damage to infrastructure from shelling and airstrikes. UNICEF reported that 2,000 children have been killed since the beginning of the conflict. The conflict resulted in at least 1,318 civilian casualties, including 511 deaths, from January through August, according to the Civilian Impact Monitoring Project.

In 2014 the Houthis took control of the capital and occupied many government offices. The conflict that ensued in 2015 continued during the year. The UN-led peace process included renewed attempts to bring about cessation of hostilities, despite limited implementation of the agreements reached during peace talks in Stockholm in 2018. Since 2015 Iran has provided hundreds of millions of dollars in support to the Houthi rebels and proliferated weapons that exacerbated and prolonged the conflict. Houthi rebels used Iranian funding and weapons to launch attacks against civilians and civilian infrastructure both within the country and in Saudi Arabia. Throughout the year the Saudi-led coalition continued military operations against the Houthis (see the Country Reports on Human Rights Practices for Saudi Arabia, the United Arab Emirates, and Iran).

The ROYG re-established a presence in Aden and additional areas in the south in 2016. While the president, vice president, and foreign minister remained in exile in Saudi Arabia, the remainder of the cabinet moved to Aden in 2018 and remained there until August 2019, when the STC seized control of the city. The STC remained in full control of Aden throughout the year until the newly formed government returned to Aden on December 30 under the Saudi-brokered Riyadh Agreement.

In a Yemeni Network for Rights and Freedoms report focused on one indicative month of Houthis abuses from July 15 through August 15, the report documented 141 Houthi abuses of civilians. The network’s field team documented 26 killings and 21 injuries, including to women and children, resulting from Houthi bombing of residential neighborhoods, sniper shootings, and landmines. They also recorded 49 cases of kidnapping, including of women, enforced disappearance, torture, and humiliation of detained abductees by the Houthis. According to the report, the Houthi militia established nine new secret prisons, most of them in confiscated civilian homes or educational facilities. The team also investigated 27 cases of attacks against civilian targets by Houthi gunmen, particularly the homes of civilians, during the same period.

Because of damage to health facilities and water and sanitation infrastructure, as well as a lack of effective public measures to mitigate disease transmission, the country continued to experience several major communicable disease outbreaks, including cholera, COVID-19, polio, diphtheria, and other diseases. Between January and August, there were more than 180,000 cholera cases, which resulted in 55 deaths countrywide, according to the UN World Health Organization (WHO). More than 2,030 confirmed COVID-19 cases and 587 associated deaths were recorded in the country between early April and late September, although WHO reported that cases were significantly underreported. Furthermore, the COVID-19 outbreak resulted in decreased utilization of other health care services due to COVID-19-related fear and stigma, including cholera detection and treatment interventions.

Killings: The ROYG-based NCIAVHR reported 928 civilian casualties (comprising both injuries and deaths) during the year, which included 326 killed by the Houthis, 321 by the Saudi-led coalition, and 65 by unspecified other parties. (See section 1.a., Arbitrary Deprivation of Life.)

On January 18, the Houthis launched a drone attack on a mosque in a military camp in Ma’rib during evening prayers, killing more than 100 soldiers while they were praying, according to press reports.

On January 22, a missile hit Member of Parliament Hussein Bin Hussein al-Sawadi’s home in Ma’rib, killing his daughter-in-law and two of his granddaughters and wounding five others, including al-Sawadi.

On February 15, the UN humanitarian coordinator for Yemen reported that as many as 31 civilians were killed and 12 others were wounded as a result of Saudi-led airstrikes conducted in al-Jawf governorate. The Saudi-led coalition claimed it conducted a search-and-rescue operation in the vicinity of a downed Saudi fighter jet and referred the incident to the Joint Incident Assessment Team (JIAT) for investigation.

The UN humanitarian coordinator for Yemen reported in April that six women and a child were killed and at least 11 others were injured when shells hit the women’s section of the Central Prison in al-Mudhaffar district in Ta’iz.

During his July 28 briefing to the UN Security Council, Under Secretary General for Humanitarian Affairs and Emergency Relief Coordinator Mark Lowcock reported that at least 12 civilians were killed in a June 15 air strike of unknown origin on a vehicle in Sa’ada. Lowcock also described an air strike that killed nine civilians in Hajjah on July 12, and another that killed 11 civilians in al-Jawf on July 15.

On August 7, the UN humanitarian coordinator for Yemen reported that as many as nine children were killed and seven others were injured during Saudi-led strikes that occurred while the children were traveling by road in al-Jawf governorate. The report stated it was the third attack in less than a month to cause multiple civilian casualties.

The government of Saudi Arabia established the JIAT in 2016 to identify lessons and corrective actions, and to implement national accountability mechanisms, as appropriate. The Riyadh-based group, consisting of military and civilian members from coalition member states, investigated allegations by international organizations and individuals regarding civilian casualties and targeting of humanitarian aid convoys and infrastructure. The JIAT hosted press conferences throughout the year publicizing the results of more than two dozen investigations, which largely absolved the coalition of responsibility for civilian deaths in the incidents reviewed. The Saudi government has not prosecuted any cases based on JIAT findings to date. The OHCHR and others asserted the JIAT’s investigations did not provide sufficient transparency on the targeting process for strikes. In 2018 HRW stated the JIAT’s public conclusions raised serious questions regarding the ways in which the JIAT conducted investigations and applied international humanitarian law.

Other deaths resulted from attacks and killings by armed groups including the terrorist groups AQAP and ISIS-Yemen. The two groups carried out several deadly attacks against civilians, Houthi combatants, members of southern movements, and other actors. According to several reports, including from the ROYG, the designated terrorist group Ansar al-Sharia (an alias for AQAP) killed and crucified dentist Motthar al-Youssoufi on August 15 at a health center in Assowma’a district in al-Bayda governorate. The terrorist group 10 days later bombed the health center where the victim worked, accusing the center of debauchery because it allowed mixing of the sexes.

Physical Abuse, Punishment, and Torture: Torture and other forms of mistreatment were common in all detention facilities. The UN Group of Experts found reasonable grounds to believe that parties to the conflict engaged in torture, including sexual violence (see section 1.c., Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.).

The UN Group of Experts documented detention-related abuses. They also reported cases of torture in ROYG-controlled facilities at the Ma’rib Political Security Prison, including one case involving five men and two boys who were subjected to torture by “suspension in painful positions, crawling on broken glass and screws, beating and electric shock to genitals with threats of sterilization, and burning of genitals.”

The UN Group of Experts reported that the Houthis tortured and mistreated detainees in detention facilities under their control, including at Sana’a Central Prison, unofficial facilities such as the security and intelligence detention center, and in secret detention facilities. They reported similar cases of torture at al-Saleh Prison in Ta’iz, particularly in the national security section operated by the Houthis. Methods of torture included “repeated and severe beating with sticks, electric cables, iron bars; electrocution; removal of fingernails; electrocution and beating of the genitals with threats of sterilization; forced nudity; sexual violence; and solitary confinement.”

In August the Defense Foundation for Rights and Freedoms (DFRF), a local NGO, reported that Saeed Arif Saeed Moqbel Jalijal had been forcibly disappeared by UAE officers and tortured in al-Wadah Hall in Aden for four years. According to his statements, an Emirati officer tortured him by burning and electric shock.

Also in August the DFRF stated that pro-STC forces in Aden unlawfully and repeatedly detained and tortured three youths from rival factions.

Child Soldiers: Although the law and ROYG policy expressly forbid the practice, HRW found that one-third of all combatants were minors. The UN Group of Experts assessed that during the year both coalition-backed forces and Houthi forces conscripted or enlisted children younger than age 18 into armed forces or groups and used them to participate actively in hostilities, with cases of recruitment and use of boys as young as seven years old. The Yemeni Armed Forces, Houthi-affiliated resistance groups, and the different southern forces, including but not limited to the STC, have all been documented as having recruited children, according to the UN Group of Experts.

Most cases of child soldiers were attributed to Houthi forces. The UN Group of Experts reported that the Houthis used the education system to indoctrinate students in Houthi ideology, incite violence, and recruit children from 34 schools across six governorates (Amran, Dhamar, Raymah, Sa’ada, Sana’a, and Ta’iz). The group also documented the recruitment of girls by the Houthis into the Zainabiyat forces, the female Houthi security apparatus. Since 2015, 12 girls aged 13-17 allegedly survived sexual violence as well as forced and early marriage directly linked to their recruitment.

Tribes, primarily affiliated with the Houthis, but also including some tribes armed and financed by the ROYG to fight alongside its regular army, used underage recruits in combat zones, according to reports by international NGOs such as Save the Children. Combatants reportedly included married boys between the ages of 12 and 15 in fighting in the northern tribal areas; tribal custom considered married boys as adults who owe allegiance to the tribe. As a result, according to international and local human rights NGOs, one-half of tribal fighters were youths younger than age 18. Other observers noted tribes rarely placed boys in harm’s way but used them as guards rather than fighters.

The lack of a consistent system for birth registration compounded difficulties in proving age, which at times contributed to the recruitment of minors into the military. The United Nations also documented the deprivation of liberty of boys by armed forces and groups for their alleged association with opposing parties.

Also see the Department of State’s annual Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Other Conflict-related Abuse: All parties to the conflict routinely imposed severe restrictions on the movement of persons, goods, and humanitarian assistance. Continued clashes, worsening macroeconomic conditions, fuel shortages, damage to civilian infrastructure, and lack of access for and bureaucratic constraints on humanitarian organizations to reach vulnerable populations contributed to the worsening humanitarian situation. The United Nations reported that 24.3 million individuals needed humanitarian assistance as of November. As of November, the United Nations reported that there were more than 40 front lines where relief workers must negotiate passage with various armed groups, which complicated and delayed aid delivery.

The United Nations reported that since 2019, parties to the conflict increasingly impeded humanitarian operations. Continued Houthi interference in relief operations had resulted in the disruption of humanitarian activities in the north, affecting an estimated 9 million persons as of November. Houthi officials issued more than 310 directives between January 2019 and November to control organizations providing humanitarian assistance.

Under Secretary General for Humanitarian Affairs and Emergency Relief Coordinator Mark Lowcock told the UN Security Council in October that humanitarian staff in the south also faced challenges due to insecurity, including harassment by armed groups.

There were reports of attacks on health-care facilities and health-care workers. The WHO recorded 142 attacks on health facilities from March 2015 to March.

On February 7, a number of international NGOs released a joint statement that described an attack on Ma’rib’s main hospital, which serves up to 15,000 patients. In addition, a nearby hospital and mobile clinic were also structurally damaged. The Group of Eminent Experts found reasonable grounds to believe that these attacks were, at a minimum, prohibited indiscriminate attacks due to the imprecise nature or deployment of the weapons used.

On March 13, the al-Thawra hospital, supported by Medecins Sans Frontieres (MSF), was struck multiple times by shelling by an unknown group. A week earlier, on March 5, the hospital’s general laboratory was damaged and a medical staff member was wounded by shelling. Since 2018 MSF recorded at least 40 incidents of violence against the hospital, its personnel, and patients, including shootings inside or near hospital premises. Hospital buildings and structures were hit more than 15 times by small arms fire and shelling, and there were several incidents of medical staff being harassed and attacked. An MSF-supported hospital in Ta’iz was also affected by shelling in October.

There were reports of the use of civilians to shield combatants. Houthi forces reportedly used captives as human shields at military encampments and ammunition depots under threat of coalition airstrikes.

Section 2. Respect for Civil Liberties, Including:

f. Protection of Refugees

The IOM reported that new arrivals of migrants declined significantly due to COVID-19 travel restrictions. Between January and September, the IOM recorded somewhat more than 33,000 arrivals, compared to more than 84,000 during the same period in 2019.

The country received refugees from a variety of countries. Many refugees became increasingly vulnerable due to the worsening security and economic situation in the country. Somali, Ethiopian, Eritrean, and other refugees, asylum seekers, and migrants shared in the general poverty and insecurity of the country.

According to UNHCR, there were 283,898 refugees and asylum seekers in the country as of August, mostly from Somalia and Ethiopia. Many were attempting to reach or return to Saudi Arabia for work and had entered the country based on false information from smugglers that the conflict in the country was over, according to UNHCR and the IOM. Many took refuge at the Kharaz refugee camp and towns in the south. The ROYG could not provide physical protection to refugees or migrants; many were held in detention centers operated by the Houthis in the north and by the government in the south. UNHCR and other organizations stated there were reports of refugees and migrants facing physical and sexual abuse, torture, and forced labor in both Houthi and ROYG-controlled facilities, and that many refugees and migrants were vulnerable to human trafficking.

Abuse of Migrants, Refugees, and Stateless Persons: According to the IOM, migrants in the country continued to face egregious forms of abuse at the hands of smugglers and traffickers, including sexual and gender-based violence, torture, abduction for ransom, forced labor, and physical violence. The IOM considered women and girls to be particularly vulnerable and more likely to be trafficked and exposed to sexual abuse. The OHCHR reported that UAE-supported Security Belt Forces (SBF) committed rape and other forms of serious sexual violence targeting foreign migrants and other vulnerable groups (see section 1.c, Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment; and 1.g, Abuses in Internal Conflict.).

These risks were compounded by armed hostilities concentrated around Shabwah, Abyan, al-Bayda, al-Jawf, Ma’rib, and Sa’ada governorates, and by internal movement restrictions due to COVID-19. These factors resulted in more migrants becoming stranded or trapped for longer periods in areas without assistance and at risk of being injured or killed, according to the IOM. Multiple NGOs and media reported that criminal smuggling groups built a large number of “camps” near the Yemen-Saudi border city of Haradh and in other parts of the country, where militants held migrants for extortion and ransom.

The UN Department of Economic Affairs reported there were 385,600 migrants, including women and children, as of mid-2019. The IOM estimated that more than 14,500 migrants were stranded in August because of the COVID-19 border closures in Aden, Ma’rib, Lahj, and Sa’ada governorates. Through the end of July, the IOM assisted in the return of 946 migrants from the country.

Authorities in both the north and south of the country often detained migrants. According to the IOM, migrants in detention who could afford to pay for their release were reportedly loaded on trucks and moved to other governorates where they were left in secluded areas, on the outskirts of towns, or forcibly transferred to the Sana’a Immigration, Passport, and Naturalization Authority facility. In the north, from April to June, Houthi authorities arrested and relocated 1,500 migrants to the south. The IOM estimated that approximately 5,000 migrants were living in Aden on the streets.

The IOM reported both the ROYG and Houthis detained migrants due to concerns the migrants could be recruited by the other party, and to scapegoat migrants for being carriers of COVID-19. UNHCR, the IOM, and other humanitarian organizations faced challenges accessing detention centers to monitor detained refugees and asylum seekers.

While the government generally deported migrants back to their country of origin, the Houthis frequently detained migrants for indefinite periods.

HRW and the IOM reported overcrowding in detention facilities, lack of access to medical care, and physical abuse, with detainees showing signs of sores and festering wounds.

According to local authorities, 390 migrants were relocated from detention centers in Houthi-controlled areas to al-Jawf, and from mid-April to mid-May, 486 were moved to Ta’iz. The Houthis reportedly left at least 20,000 migrants stranded along the border with Saudi Arabia. As of June, approximately 7,000 migrants were reportedly still on the Saudi-Yemen border.

The IOM reported in September that an estimated 4,000 or more migrants in Ma’rib were stranded across the governorate, with many of them having lived there for more than six months, unable to continue their journey northwards due to movement restrictions along the main roads. In addition, more than 500 migrants were under risk of eviction in Ma’rib due to a lack of acceptance from the local community.

HRW reported that in April, Houthi forces forcibly expelled thousands of Ethiopian migrants from Sa’ada in the northern part of the country. The Houthi forces described the migrants as “coronavirus carriers,” killing dozens and forcing them to the Saudi border. Saudi border guards reportedly fired on the migrants, killing dozens more, while hundreds of survivors escaped to a mountainous border area (see the Country Reports on Human Rights Practices for Saudi Arabia).

From January 1 through July 31, the IOM reported that 13,416 citizens returned to the country from Saudi Arabia and 366 from the Horn of Africa.

According to reports, the head of the militia that previously detained refugees at the Bureiqa migrant detention center was arrested and all refugees were released.

Access to Asylum: No law addresses the granting of refugee status or asylum, and there was no system for providing protection to asylum seekers. In past years the government provided automatic refugee status to Somalis who entered the country. The Houthis attempted to take over the refugee status determination process in areas under their control, leading many refugees to have lapsed documentation. Houthi armed groups arbitrarily detained migrants in poor conditions and failed to provide access to asylum and protection procedures in multiple facilities in Houthi-controlled territories. UNHCR was generally able to access populations to provide assistance and was working with the Houthis to come to a resolution on registration of refugees. UNHCR continued to conduct refugee status determinations in southern territory under ROYG control, in coordination with the government.

Freedom of Movement: Freedom of movement was difficult for all persons in the country, including refugees, in view of the damage to roads, bridges, and other basic infrastructure, and COVID-19 travel restrictions. Most of the country’s airports had significant damage or were closed to commercial traffic, making air travel difficult for all, including refugees. In areas controlled by Houthis, unofficial checkpoints blocked and delayed the movement of individuals and goods.

Access to Basic Services: Refugees lacked access to basic services due to the continuing conflict. The United Nations estimated only approximately half of the country’s public-health facilities remained functional during the year. Many were closed due to damage caused by the conflict, some were destroyed, and all facilities faced shortages in supplies, including medications and fuel to run generators.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

International human rights organizations stated their personnel were unable to obtain coalition permission to use UN flights into and out of Sana’a since 2017. Independent observers must take commercial flights to government-controlled areas in the south and then travel by land across dangerous front lines to other areas.

The United Nations or Other International Bodies: In October 2019 media reports stated Houthi rebels denied entry to OHCHR representative Ahmed Elobeid. When Elobeid landed in Sana’a, Houthi security officers boarded his plane, confiscated his travel permit, and ordered his plane to depart. Prior to this incident, the OHCHR had published a critical report detailing abuses by all parties in the civil war, including sexual violence against women in Houthi-run prisons. In June the United Nations appointed Abeer al-Khraisha as chief of mission to replace Elobeid.

Government Human Rights Bodies: The NCIAVHR was established in 2015 as an independent group responsible for investigating all alleged human rights abuses since 2011. The commission consists of a chair and eight members with legal, judicial, or human rights backgrounds. The NCIAVHR continued to investigate and report on human rights conditions during the year and conducted training with the United Nations.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Women

Rape and Domestic Violence: The law criminalizes rape, but it does not criminalize spousal rape. The punishment for rape is imprisonment for up to 25 years. The government did not enforce the law effectively.

The United Nations reported incidents of gender-based violence increased (see section 1.g, Abuses in Internal Conflict–Physical Abuse, Punishment, and Torture.). The Office of the Special Representative of the UN Secretary-General on Sexual Violence reported in June that women and children faced a high risk of sexual violence, and noted that female political leaders and activists have been systemically targeted by the Houthis since 2017. The UN Group of Experts reported that in Houthi-controlled territory, women either were threatened with or experienced prostitution charges, physical harm, arbitrary and secret detention, and sexual violence if they spoke out against the Houthis. Women also were reported as having an increased vulnerability due to the conflict and subsequent displacements.

From December 2017 through December 2019, the Group of Experts reported the detention and arrest of 11 women, three of whom were repeatedly raped while in custody. The Zainabiyat, the female Houthi security force that worked as prison guards, was implicated in abetting the rape of these women, including during interrogation. The UN Panel of Eminent Experts also documented abuses committed by the Zainabiyat, including sexual assault, beatings, torture, arbitrary arrest and detention, and facilitating rape in secret detention centers.

The UN Group of Experts also noted the role of the SBF and 35th Armored Brigade personnel (over whom the ROYG exercised minimal control) in perpetrating rape and other forms of sexual violence against women and girls.

NGOs documenting human rights abuses reported multiple incidents of sexual violence. In December 2019 the brother and male cousin of a young girl were arrested for defending her after she was harassed by the bodyguard of a prominent STC official. In March an STC battalion attacked an IDP camp and reportedly raped female residents. Also in March a Houthi official sexually harassed an aid worker in an attempt to coerce her into preferential distribution of food to Houthi officials.

There were no reliable rape prosecution statistics, and the number of rape cases was unknown. Human rights NGOs stated their view that underreporting of sexual and gender-based violence cases was common. By law authorities can prosecute rape victims on charges of fornication if authorities do not charge a perpetrator with rape. According to law, without the perpetrator’s confession, the rape survivor must provide four male witnesses to the crime.

The law states that authorities should execute a man if convicted of killing a woman. The law, however, allows leniency for persons guilty of committing an “honor” killing or violently assaulting or killing a woman for perceived “immodest” or “defiant” behavior. The law does not address other types of gender-based abuse, such as forced isolation, imprisonment, and early and forced marriage.

The law provides women with protection against domestic violence, except spousal rape, under the general rubric of protecting persons against violence, but authorities did not enforce this provision effectively. Victims rarely reported domestic abuse to police and criminal proceedings in cases of domestic abuse were rare.

Female Genital Mutilation/Cutting (FGM/C): The law does not prohibit FGM/C, although a 2001 ministerial directive banned the practice in government institutions and medical facilities, according to HRW. According to the UN Population Fund, the most recent data, from 2013, indicated 19 percent of women ages 15 to 49 have undergone FGM, with prevalence rates as high as 80 percent and 85 percent in al-Mahrah and Hadramout, respectively.

Sexual Harassment: No laws specifically prohibit sexual harassment, although the penal code criminalizes “shameful” or “immoral” acts. Authorities, however, rarely enforced the law. Sexual harassment was a major problem for women.

Reproductive Rights: The ongoing conflict and humanitarian crisis in the country made it difficult to find reports on the government’s approach to reproductive rights, including possible interference by the government with the right of couples and individuals to decide the number, spacing, and timing of their children and to manage their reproductive health free from discrimination, coercion, and violence.

The conflict led to a breakdown of the healthcare system, and women and girls did not have access to essential reproductive health services. The UN Population Fund (UNFPA) reported that only 20 percent of health facilities offered maternal and child health services due to lack of supplies, staff shortages, damage due to conflict, inadequate equipment and supplies, and inability to meet operational costs. Access to medications and pharmaceutical products, including contraceptives, also decreased due to the conflict and reportedly due to Houthi interference with distribution of the available supplies.

According to the most recent World Bank and UNICEF estimates (2017), the maternal mortality ratio was 164 deaths per 100,000 live births. The majority of births took place at home, and only 40 percent of births were attended by skilled health personnel, according to 2020 UNFPA estimates. The adolescent birth rate remained high at 60 births per 1,000 women between the ages of 15 and 19, according to 2017 UN Population Division estimates.

According to a 2020 survey conducted by the Track20 Project, 22 percent of all women between the ages of 15 and 49 used a modern method of contraceptives, 36 percent of married women were using modern contraceptives, and 34 percent of women had an unmet need for family planning. Cultural taboos and misconceptions affected the contraceptive prevalence rate throughout the country, particularly in Houthi-controlled areas. There were media reports of Houthi interference with contraceptive distribution by telling reproductive health centers to stop issuing contraceptives, which the Houthis characterized as a “foreign invasion” of traditional culture.

The government struggled to provide access to sexual and reproductive health services for survivors of sexual violence due to the ongoing conflict and the breakdown of the healthcare system. According to 2020 UNFPA estimates, 6.1 million girls and women were in need of gender-based violence services. Reported cases of gender-based violence rose, exacerbated by the COVID-19 pandemic. The UNFPA also reported a rise in the rate of child marriages, most acutely among internally displaced persons (IDPs). The UNFPA reported that in IDP camps, one in five girls aged 10 to 19 were married, compared to 1 in 8 in host communities.

According to the most recent UNFPA report, 19 percent of women and girls aged 15 to 49 have undergone some form of FGM/C, but FGM/C was less common among young girls aged 15 to 19 than among women aged 45 to 49.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Women faced deeply entrenched discrimination in both law and practice in all aspects of their lives. Mechanisms to enforce equal protection were weak, and the government did not implement them effectively.

Women cannot marry without permission of their male guardians, do not have equal rights in inheritance, divorce, or child custody, and have little legal protection. They experienced discrimination in areas such as employment, credit, pay, owning or managing businesses, education, and housing (see section 7.d, Discrimination with Respect to Employment and Occupation). A 2015 estimated female literacy rate of 55 percent, compared with 85 percent for men, accentuated this discrimination.

A male relative’s consent was often required before a woman could be admitted to a hospital, creating significant problems in a humanitarian context in which the men of the household were absent or dead.

Women also faced unequal treatment in courts, where the importance given a woman’s testimony equals half that of a man’s.

A husband may divorce a wife without justifying the action in court. In the formal legal system, a woman must provide justification.

Any citizen who wishes to marry a foreigner must obtain the permission of the Ministry of Interior (see section 1.f, Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence). A woman wishing to marry a foreigner must present proof of her parents’ approval. A foreign woman who wishes to marry a male citizen must prove to the ministry that she is “of good conduct and behavior.”

Women experienced economic discrimination (see section 7.d, Discrimination with Respect to Employment and Occupation).

Children

Birth Registration: Citizenship derives from a child’s parents. A child of a Yemeni father is a citizen. Yemeni women may confer citizenship on children born of a foreign-born father if the child is born in the country. If the child is not born in the country, in rare cases the Ministry of Interior may permit a woman to transmit citizenship to the child if the father dies or abandons the child.

There is no universal birth registration, and many parents, especially in rural areas, never registered children or registered them several years after birth. The requirement that children have birth certificates to register for school was not universally enforced, and there were no reports of authorities denying educational or health-care services and benefits to children based on lack of registration.

Education: The law provides for universal, compulsory, and tuition-free education from ages six to 15. Public schooling was free to children through the secondary school level, but HRW reported that many children, especially girls, did not have easy access. For school attendance statistics, see the 2020 Humanitarian Situation Report from UNICEF.

UNICEF and other agencies reported an estimated two million children have dropped out of school since 2015. The United Nations further estimated that only two-thirds of schools were functioning, even prior to COVID-19 restrictions.

The UN Group of Experts raised concern that some parties to the conflict deprived children of their right to education through the military use of schools, manipulation of education, and targeting of educators. The ROYG Special Security Forces reportedly used a school in Shabwah as a military barracks and detention facility, and the Houthis had allegedly used four schools for weapons storage, manufacturing, and training.

Approximately 160,000 teachers have not been paid regularly since 2016. As a result of the irregular payment of salaries, as well as attacks on schools, many teachers were forced to seek alternate sources of income for support.

Child Abuse: The law does not define or prohibit child abuse, and there was no reliable data on its extent. Authorities considered violence against children a family affair.

Child, Early, and Forced Marriage: Early and forced marriage was a significant, widespread problem. According to UNICEF, 32 percent of girls were married before age 18 and 9 percent of girls were married before age 15. The conflict has exacerbated the situation. The United Nations reported that forced marriage and child marriage for financial reasons due to economic insecurity was a systemic problem. There is no minimum age for marriage, and girls reportedly married as young as age eight.

Sexual Exploitation of Children: The law does not define statutory rape and does not impose an age limit for consensual sex. The law prohibits pornography, including child pornography, although there was no information available on whether the legal prohibitions were comprehensive. The law criminalizes the prostitution of children.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The penal code criminalizes consensual same-sex sexual conduct, with the death penalty as a sanction under the country’s interpretation of Islamic law. There have been no known executions of lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons in more than a decade.

The government did not consider violence or discrimination against LGBTI persons “relevant” for official reporting.

Due to the illegality of and possibly severe punishment for consensual same-sex sexual conduct, few LGBTI persons were open regarding their sexual orientation or gender identity. Individuals known or suspected of being LGBTI faced discrimination.

There is one active LGBTI-related social media site.

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