Yemen

Islam is the official state religion of Yemen and the Constitution states that Islamic law is the source of all legislation.[ref]”Yemen: Constitution, Refworld, 10 February 2021, https://www.refworld.org/pdfid/3fc4c1e94.pdf[/ref] Freedoms of religion, speech and the press are all severely restricted.

Yemen has been devastated since March 2015 in a war between Houthi separatist rebels who took control of territory in the north, and eventually the capital of Sana’a, against government forces backed by a Saudi-led multinational coalition.[ref]”Yemen: Why is the war there getting more violent?”, BBC, Last updated 14 April 2023, https://www.bbc.com/news/world-middle-east-29319423[/ref] The Saudi-led coalition of predominantly Sunni Arab states, with logistical and intelligence support from the UK, USA and France, considers that the Houthi rebels are supported by the Shia power Iran, and therefore the conflict may be considered a proxy war.[ref]”Yemen: Why is the war there getting more violent?”, BBC, Last updated 14 April 2023, https://www.bbc.com/news/world-middle-east-29319423[/ref] More than 100,000 people have been killed since the conflict erupted in 2014.[ref]Reuters, “U.N. condemns air strikes in Yemen that reportedly killed children”, Reuters, 7 August 2020, https://www.reuters.com/article/us-yemen-security/u-n-condemns-air-strikes-in-yemen-that-reportedly-killed-children-idUSKCN253277[/ref] A significant majority of fatalities appear to be civilians killed in airstrikes by the Saudi-led multi-national coalition.

The conflict and blockade have left the majority of the population in need and dependent on aid. In June 2020, United Nations’ Secretary-General António Guterres reported that four out of five in Yemen are in need of lifesaving aid, which amounts to 24 million people.[ref]”Yemen: ‘Hanging on by a thread’, UN chief requests funding to meet staggering humanitarian crisis”, UN News, 2 June 2020, https://news.un.org/en/story/2020/06/1065292[/ref] The COVID-19 pandemic exacerbated the humanitarian situation further.

Yemen is a member of the League of Arab States (LAS), as well as the Organization of Islamic Cooperation (OIC).

Constitution and government Education and children’s rights Family, community, society, religious courts and tribunals Freedom of expression advocacy of humanist values
State legislation is largely or entirely derived from religious law or by religious authorities
The non-religious are barred from holding government office
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Systemic religious privilege results in significant social discrimination
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Prohibitive interreligious social control (including interreligious marriage bans)
Religious control over family law or legislation on moral matters
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
There is an established church or state religion
State-funding of religious institutions or salaries, or discriminatory tax exemptions
There is state funding of at least some religious schools
Discriminatory prominence is given to religious bodies, traditions or leaders
Constitution and government
State legislation is largely or entirely derived from religious law or by religious authorities
The non-religious are barred from holding government office
The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
There is an established church or state religion
State-funding of religious institutions or salaries, or discriminatory tax exemptions
Education and children’s rights
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
There is state funding of at least some religious schools
Family, community, society, religious courts and tribunals
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
Systemic religious privilege results in significant social discrimination
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
Prohibitive interreligious social control (including interreligious marriage bans)
Religious control over family law or legislation on moral matters
Discriminatory prominence is given to religious bodies, traditions or leaders
Freedom of expression advocacy of humanist values
Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
‘Blasphemy’ is outlawed or criticism of religion (including de facto ‘blasphemy’ laws) is restricted and punishable with a prison sentence
Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

Countries: Botswana, Greece, Serbia, United States of America

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

Countries: Andorra, Antigua and Barbuda, Armenia, Bahamas, Belize, Bolivia, Brunei Darussalam, Congo, Democratic Republic of, Croatia, Cuba, Dominica, Dominican Republic, El Salvador, Eswatini, Fiji, Gambia, Ghana, Guatemala, Guinea, Hungary, Iran, Italy, Jamaica, Jordan, Liberia, Lithuania, Mexico, Moldova, Montenegro, Mozambique, Nicaragua, North Macedonia, Oman, Paraguay, Qatar, Romania, Russia, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Slovakia, Solomon Islands, Sri Lanka, Suriname, Timor-Leste (East Timor), Trinidad and Tobago, Ukraine, Zambia

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

Countries: Albania, Algeria, Andorra, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burundi, Canada, Cape Verde, Chile, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Equatorial Guinea, Eritrea, Ethiopia, Finland, Germany, Ghana, Guatemala, Guyana, Haiti, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Kuwait, Kyrgyzstan, Liberia, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Mali, Malta, Mauritania, Mauritius, Montenegro, Mozambique, Nepal, New Zealand, Nigeria, North Macedonia, Oman, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Romania, Rwanda, San Marino, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Solomon Islands, Sri Lanka, Tajikistan, Tanzania, Timor-Leste (East Timor), Tunisia, Turkey, Tuvalu, United Kingdom, Vanuatu, Venezuela, Zimbabwe

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

Countries: Bangladesh, Pakistan, Saudi Arabia

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

Countries: China, Congo, Democratic Republic of, Cuba, Equatorial Guinea, Ethiopia, Guinea, Guyana, Italy, Kazakhstan, Laos, Madagascar, Mexico, North Macedonia, Romania, Serbia, Tajikistan, Togo, Turkmenistan, Uzbekistan, Zimbabwe

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
Legend
 
Grave Violations
Severe Discrimination
Systemic Discrimination
More information about rating table

Constitution and government

The Constitution of the Republic of Yemen declares that Islam is the state religion and that Islamic law is the source of all legislation (Articles 1-3). The local interpretation of Islamic law serves as a basis for all law, although Islamic jurisprudence coexists with secular common law and civil code models in a hybrid legal system.[ref]”Yemen” chapter in The World Factbook, CIA, last updated 20 February 2024 https://www.cia.gov/library/publications/the-world-factbook/fields/308.html[/ref]

Yemen imposes substantial restrictions on freedom of religion or belief and the freedoms of expression, assembly and association. The Constitution does not specifically protect freedom of religion or belief, and other laws and policies restrict it. The Constitution states that defending religion is a sacred duty (Article 60), and to be eligible to stand for political office, individuals must fulfil their religious duties (Article 64(2)(d) and Article 107(d)).

A non-Muslim can run for parliament, although the Constitution restricts candidates for president to those who practice their “Islamic duties.” The law does not prohibit a political party based on religion, but states that a party cannot claim to be the sole representative of a religion, to be against Islam, or to restrict its membership to a particular religious group.[ref]”Yemen” in 2019 International Religious Freedom Report, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/wp-content/uploads/2020/05/YEMEN-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]

The Parliament is currently “expired,” as its six-year term has ended and authority remains split among the internationally recognized Yemeni government, the Houthis, and other forces.[ref]”Human Rights Watch Submission to the Committee on Economic, Social and Cultural Rights on Yemen”, Human Rights Watch, 31 August 2020 https://www.hrw.org/news/2020/08/31/human-rights-watch-submission-committee-economic-social-and-cultural-rights-yemen[/ref]

Article 27 of the Constitution states:

The state shall guarantee freedom of scientific research and achievements in the fields of literature, arts and culture, which conform with the spirit and objectives of the Constitution. The state shall provide means conducive to such achievements and shall provide support and encouragement for scientific and technical invention, and artistic creation and shall protect achievements thereof.

The government prohibits proselytizing directed at Muslims.[ref]”Yemen” in 2019 International Religious Freedom Report, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/wp-content/uploads/2020/05/YEMEN-2019-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref]

Education and children’s rights

Primary education is compulsory between the ages of 6-14, however the armed conflict has had a detrimental effect on schools and disproportionately affected girls’ access to education.[ref]”Human Rights Watch Submission to the Committee on the Elimination of Discrimination against Women on Yemen”, Human Rights Watch, 7 February 2020, https://www.hrw.org/news/2020/02/07/human-rights-watch-submission-committee-elimination-discrimination-against-women[/ref]

It is prescribed by law that primary school students learn about Islamic rituals and history and culture within the context of Islamic civilization.[ref]”Yemen” chapter in 2018 Report on International Religious Freedom, Office of International Freedom, U.S. Department of State, https://ye.usembassy.gov/wp-content/uploads/sites/275/International-Religious-Freedom-Report-6-25-2018-English.pdf[/ref] Shia and Sunni Muslims are taught the same curriculum, but there are reports that schools in Houthi controlled areas are teaching Zaydi principles.[ref]”Yemen” in 2019 International Religious Freedom Report, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2019-report-on-international-religious-freedom/yemen/[/ref] According to reports, the Houthis have established ideological “summer camps” in areas under their control, such as at mosques and schools, to impose their religious dogma on civilians. These indoctrination trainings press civilians to adopt Houthi religious beliefs, even when doing so goes against the individuals’ own faith.[ref]Nabil Abdullah al-Tamimi, “Social media campaign warns parents away from Houthi summer camps”, Al-Mashareq, 25 May 2022, https://almashareq.com/en_GB/articles/cnmi_am/features/2022/05/25/feature-04[/ref]

There are no reports on the content of the religious curriculum that is being taught at private schools in Yemen.[ref]”Yemen” in 2019 International Religious Freedom Report, Office of International Religious Freedom, U.S. Department of State, https://www.state.gov/reports/2019-report-on-international-religious-freedom/yemen/[/ref]

Despite the fact that Yemen is a State Party[ref]”Ratification Status for Yemen”, UN Treaty Body Database, Office of the High Commissioner for Human Rights, https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Treaty.aspx?CountryID=193&Lang=EN[/ref] to the Convention on the Rights of the Child,[ref]”Convention on the Rights of the Child”, General Assembly resolution 44/25, Office of the High Commissioner for Human Rights, https://www.ohchr.org/en/professionalinterest/pages/crc.aspx[/ref] which defines “children” as any human being under the age of 18, the minimum legal age for marriage is 15 according to the Personal Status Law (1992).[ref]”Republican Decree Law No. (20) of 1992 AD regarding personal status”, Yemen National Information Center, https://yemen-nic.info/db/laws_ye/detail.php?ID=11351[/ref] A revised Constitution, tabled during the National Dialogue Conference, would have outlawed child-marriage; however the draft was ultimately rejected.[ref]Reuters, “Why Yemen is at war”, Reuters, 27 April 2020, https://www.reuters.com/article/us-yemen-security-explainer/why-yemen-is-at-war-idUSKCN22924D[/ref]

Family, community and society

Article 26 of the Constitution states that:

“The Family is the basis of society, its pillars are religion, customs and love of the homeland. The law shall maintain the integrity of the family and strengthen its ties.”

Discrimination against women and minorities

In 2018, the Equal Rights Trust found that “the weak legislative framework for protection of the right to non-discrimination is matched by poor enforcement.”[ref]From Night to Darker Night: Addressing Discrimination and Inequality in Yemen, Equal Rights Trust, June 2018, https://www.equalrightstrust.org/ertdocumentbank/Yemen_EN_online%20version.pdf[/ref]

It is estimated that over 99% of the Yemeni population are Muslims.[ref]”Yemen” chapter in The World Factbook, CIA, last updated 20 February 2024 https://www.cia.gov/library/publications/the-world-factbook/fields/308.html[/ref] Other religious minorities’ rights have reportedly been respected in the past.[ref]”Yemen” chapter in Freedom in the World 2020, Freedom House, https://freedomhouse.org/country/yemen/freedom-world/2020[/ref] As the de facto authority in Sana’a and northern regions, the Houthi rebels have persecuted the Baha’i community and Christians in the controlled areas. The small Jewish community also face discrimination by the Houthis.[ref]Yemen” chapter in Freedom in the World, Freedom House, https://freedomhouse.org/country/yemen/freedom-world/2020[/ref]

There are no reports of the treatment of non-religious people in Yemen. However, Humanists International receives regular requests from non-religious people facing persecution for their non-religious beliefs. Their volume represents the third highest in the region, after Iran and Egypt.

There exist local customs that have been codified in various laws and policies, which discriminate against women and persons of non-Muslim religious groups. For instance, a woman’s testimony in court is equivalent to half that of a man, and women must obtain permission from the spouse or father to receive a passport and travel.[ref]”Yemen” chapter in Freedom in the World 2020, Freedom House, https://freedomhouse.org/country/yemen/freedom-world/2020[/ref]

The Constitution implies a difference in legal status between men and women, by considering them to be the “sisters of men”. Article 31 of the Constitution stipulates that the rights and duties of women “are guaranteed and assigned by Shari’ah and stipulated by law.” As such, women are subject to a guardianship system.[ref]”Yemen: Rights of a father to order the marriage of his minor daughter if the father is divorced from the daughter’s mother and the mother has custody of the child”, Research Directorate, Immigration and Refugee Board, Canada, 20 October 2000, Refworld, https://www.refworld.org/docid/3df4bec620.html[/ref]

According to Human Rights Watch:

“Prior to the conflict, women faced discriminatory laws that increased the vulnerability of females to violence, but during the current conflict, warring parties’ actions have led to the displacement of women and girls in large numbers, and exacerbated discrimination and violence against them.”[ref]”Human Rights Watch Submission to the Committee on the Elimination of Discrimination against Women on Yemen”, Human Rights Watch, 7 February 2020, https://www.hrw.org/news/2020/02/07/human-rights-watch-submission-committee-elimination-discrimination-against-women[/ref]

Of particular concern is the Personal Status Law (1992),[ref]Republican Decree Law No. (20) of 1992 AD regarding personal status”, Yemen National Information Center, https://yemen-nic.info/db/laws_ye/detail.php?ID=11351[/ref] which includes provisions requiring women be “obedient” to their husbands; requiring women to obtain their husbands’ permission to seek employment; requiring women to obtain their husbands’ permission in order to leave the house except in a narrow set of circumstances; and obliging women to have sexual relations with their husbands whenever they so desire.

Article 232 of the Penal Code,[ref]”Republican Decree Law No. (12) of 1994 regarding crimes and penalties”, Yemen National Information Center, https://yemen-nic.info/db/laws_ye/detail.php?ID=11424[/ref] provides lenient sentences to a man who murders or injures his wife, mother, daughter, or sister or her partner after finding them in the act of committing adultery. In addition, where a family member has killed a female relative in the name of “honor,” he can be pardoned by his family.[ref]”Human Rights Watch Submission to the Committee on the Elimination of Discrimination against Women on Yemen”, Human Rights Watch, 7 February 2020,https://www.hrw.org/news/2020/02/07/human-rights-watch-submission-committee-elimination-discrimination-against-women[/ref]

Female genital mutilation (FGM) is practiced in some governates of Yemen, where the figures can be as high as 84 percent of women and girls who are cut, according to Human Rights Watch.[ref]”Human Rights Watch Submission to the Committee on the Elimination of Discrimination against Women on Yemen”, Human Rights Watch, 7 February 2020,https://www.hrw.org/news/2020/02/07/human-rights-watch-submission-committee-elimination-discrimination-against-women[/ref]

Same-sex sexual activities are illegal, and the penalties include lashes, imprisonment and death.[ref]”Yemen” chapter in Freedom in the World 2020, Freedom House, https://freedomhouse.org/country/yemen/freedom-world/2020; “Yemen”, Human Dignity Trust,  https://www.humandignitytrust.org/country-profile/yemen/[/ref] Under Yemeni law, marriage is defined as a union between a man and a woman, as such, same-sex marriage is outlawed. Further, social stigma surrounding homosexuality is reported to be high, with individuals having to conceal their sexual orientation or face threat of violence.[ref]From Night to Darker Night: Addressing Discrimination and Inequality in Yemen, Equal Rights Trust, June 2018, https://www.equalrightstrust.org/ertdocumentbank/Yemen_EN_online%20version.pdf[/ref] In February 2024, it was reported that 13 men had been sentenced to death for homosexuality by a Houthi-controlled provincial court. A further 33 individuals have reportedly been detained on similar charges.[ref]Donald Padgett, “Houthi court sentences 13 men to public execution for gay sex”, Advocate, 9 February 2024, https://www.advocate.com/news/houthis-persecution-homosexuality[/ref]

Family Law

Family law prohibits marriage between a Muslim and an apostate; by law, apostates have no parental or child-custody rights.[ref]”Yemen” chapter in 2018 Report on International Religious Freedom, Office of International Freedom, U.S. Department of State, https://ye.usembassy.gov/wp-content/uploads/sites/275/International-Religious-Freedom-Report-6-25-2018-English.pdf[/ref]

Some laws, also based on custom, enforce significant interreligious discrimination. By law, Muslim women may not marry non-Muslims; Muslim men may not marry women who are not Muslim, Jewish, or Christian, or who have renounced Islam.

Although these restrictions are enshrined in law and upheld in practice, the government does not in fact maintain records of an individual’s religious identity. Religious groups do not need to register with the state.[ref]”Yemen” chapter in 2018 Report on International Religious Freedom, Office of International Freedom, U.S. Department of State, https://ye.usembassy.gov/wp-content/uploads/sites/275/International-Religious-Freedom-Report-6-25-2018-English.pdf[/ref]

De facto ban on non-religious NGOs

Under the Law on Associations and Foundations (2001),[ref]Law No. 1 for the Year 2001 Concerning Associations and Foundations, International Center for Not-for-profit law, https://www.icnl.org/wp-content/uploads/Yemen_1-2001-En.pdf; “Yemen” in Civic Freedom Monitor, International Center for Not-for-profit law, https://www.icnl.org/resources/civic-freedom-monitor/yemen#:~:text=Article%20111%3A%20Citizens%20have%20the,revenues%2C%20and%20sources%20of%20funding.[/ref] all organizations must adhere to Yemeni law, which includes Shariah law. As such, while it does not explicitly ban the formation of humanist and/or non-religious non-governmental organizations, it can be viewed as a de facto ban as registration of an organization that does not adhere to Shariah law is not possible.

Further, Article 132 of the law, which concerns international cooperation between Yemeni and foreign organization, states that the international organization must respect shariah law and Yemeni laws.

Freedom of expression, advocacy of humanist values

The government does not respect freedoms of expression and the press. Article 103 of the Press and Publications Law bans materials which “prejudices the Islamic faith”, call on people to apostasies, criticize of the head of state and outlaws published material that “might spread a spirit of dissent and division among the people” or that “leads to the spread of ideas contrary to the principles of the Yemeni Revolution” or that “[distorts] the image of the Yemeni, Arab, or Islamic heritage.”[ref]”Yemen: Law No. 25 (1990) on the press and publications”, 22 December 1990, Al-Bab, https://al-bab.com/yemen-law-no-25-1990-press-and-publications[/ref]

Freedom of expression is also severely limited in the north of the country as the de facto Houthi authorities surveil the society and armed groups intimidate people into self-censorship.[ref]”Yemen” chapter in Freedom in the World 2020, Freedom House, https://freedomhouse.org/country/yemen/freedom-world/2020[/ref]

Freedom of the press

The conflict that has ravaged the country since 2014 has had a heavy toll on press freedom. The various parties to the conflict control the media, making neutral reporting rare. There are reports of arbitrary arrests of journalists and abusive treatment by militias.[ref]”Yemen” in World Press Freedom Index, Reporters Without Borders, https://rsf.org/en/country/yemen[/ref] In April 2020, four journalists were sentenced to death for “broadcasting rumours, fake news and statements in support of the enemy Saudi Arabia”, among other charges.[ref]”Yemen: Journalists at risk of execution must be freed to mark World Press Freedom Day”, Amnesty International, 1 May 2020, https://www.amnesty.org/en/latest/news/2020/05/yemen-journalists-at-risk-of-execution-must-be-freed-to-mark-world-press-freedom-day/[/ref] The UN reported in August 2020 that human rights violations and abuse against journalists are carried out by all parties to the armed conflict.[ref]”Yemen: Human rights violations against journalists, coming ‘from all quarters’”, UN News, 6 August 2020, https://news.un.org/en/story/2020/08/1069652[/ref]

Access to the internet is not widespread, and the the Houthi authorities have blocked online access to certain media outlets, online messaging and social media platforms.[ref]”Yemen” in World Press Freedom Index, Reporters Without Borders, https://rsf.org/en/country/yemen;”Yemen” chapter in Freedom in the World 2020, Freedom House, https://freedomhouse.org/country/yemen/freedom-world/2020[/ref]

‘Blasphemy’

The ‘blasphemy’ laws prohibit “ridicule” of religion.

Article 194 of the Penal Code[ref]”Republican Decree Law No. (12) of 1994 regarding crimes and penalties”, Yemen National Information Center, https://yemen-nic.info/db/laws_ye/detail.php?ID=11424[/ref] states:

“It is punishable by imprisonment not exceeding 3 years, and a fine, whoever:

1. Publicly broadcasts [or communicates] views including ridicule and contempt of religion, in its beliefs, practices, or teachings.

2. Whoever publicly incites contempt for people or communities, thus disturbing public peace.”

Article 195 states that the punishment for this crime must be imprisonment up to five years or a fine if Islam is the religion subject of “ridicule”.

Article 260 prescribes five years’ imprisonment or a fine to anyone who “deliberately distorts the Noble Qur’an in a way that changes its meaning with the intent to offend the true religion”.

‘Apostasy’

The act of ‘apostasy’ is punishable by death. Under Yemeni law, “apostasy is considered to be pronounced words or deeds that are inconsistent with the rules and principles of Islam intentionally or with insistence” (Article 259). Those charged with ‘apostasy’ are given three chances to repent, and if they chose to do, they are absolved from the death penalty.[ref]”Yemen” chapter in 2018 Report on International Religious Freedom, Office of International Freedom, U.S. Department of State, https://ye.usembassy.gov/wp-content/uploads/sites/275/YEMEN-2018-INTERNATIONAL-RELIGIOUS-FREEDOM-REPORT.pdf[/ref] “denouncing Islam” or any ‘blasphemy’ conviction may constitute evidence of ‘apostasy.’

On 15 September 2018, criminal proceedings were initiated against 24 individuals, mostly from the Baha’i minority. The charges include apostasy, the teaching of the Baha’i faith, and espionage.[ref]Special Procedures, “Yemen: UN experts calls for immediate release of Bahá’ís”, Office of the High Commissioner for Human Rights, 10 October 2018 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23704&LangID=E[/ref] The defendants were not investigated nor were they informed by the prosecution of the pending charges against them prior to the start of the trial. As of June 2020, five of the 24 individuals remain in prison.[ref]”Country Update: Yemen”, United States Commission on International Religious Freedom, https://www.uscirf.gov/sites/default/files/2020%20Yemen%20Country%20Update.pdf[/ref]

Highlighted cases

Since 2017, there have not been any publicly reported cases of the persecution of non-religious people and humanists by the Houthis. However, this lack of reporting is due to the grave risks faced by non-believers who openly identify as such or get accused of non-belief or blasphemy. Humanists International’s humanists at risk program continues to receive calls for help from Yemeni humanists in danger. A secular Yemeni scholar living abroad observes that the absence of known cases does not preclude the existence of non-religious people. However, the dangers of publicly affirming a non-religious identity or reporting on suppression of dissent likely deter many from doing so. The lack of documentation therefore should not be misconstrued as evidence that the Houthis and Yemeni government tolerate Humanists.

Mohammed Atboush, a medical student living in the port-city of Aden, reportedly survived an assassination attempt in January 2017, which is suspected to be linked to a widely-known book he wrote criticizing Qur’anic pseudo-science. The son of a judge, Atboush also takes an interest in philosophy, and his book, Critique of Scientific Inimitability, was published February 2016 by Masarat Publishing & Distribution in Kuwait. The book critically examines claims that the Qur’an contains references to modern science. Atboush told al-bab.com that on 29 December 2016 he was shot at outside his own family home. The shots missed. The masked assailant fired twice before getting back into his car which then drove off.[ref]Brian Whitaker, “Yemeni who questioned Qur’an “science” survives assassination attempt”, Al-Bab, 18 January 2017, al-bab.com/blog/2017/01/yemeni-who-questioned-quran-science-survives-assassination-attempt[/ref]

Omar Mohammad Bataweel was abducted and murdered in April 2016, having been accused of being an atheist over a number of social media posts. His body was found the day after his abduction from the Crater district of Aden. He had been shot dead. Bataweel had been accused of being an atheist after making Facebook posts deemed by others to be “critical of Islam”. Bataweel had reportedly received death threats from extremists responding to the posts. Yemeni Nobel Peace Laureate Tawakkol Karman (journalist, activist and politician) commented on the killing, blaming extremist vigilantes, and saying it was a result of “takfiri ideology”. She called on the authorities to bring the killers to justice.[ref]New Arab, “Yemeni murdered by extremists after being accused of atheism”, The New Arab, 26 April 2016, alaraby.co.uk/english/news/2016/4/26/yemeni-murdered-by-extremists-after-being-accused-of-athiesm[/ref]

On 14 May 2017, Amgad Abdulrahman, a 22-year-old law student and member of a cultural club set up by secularists, that would discuss taboo subjects such as religion, women’s rights and literature, was shot three times at an internet cafe in Aden. Although no one took responsibility for the killing, friends of the victim suspect that Abdulrahman was shot by Islamist Militants who are waging a campaign of persecution against secularists.

Soldiers from a local security force comprising Salafist Islamists, refused to let his family bury his body in the city cemetery as “he was not a Muslim”. In December 2016, Abdulrahman had been detained at a military base for being an atheist but was freed days later.[ref]Aziz El Yaakoubi, “Secular Yemenis live in fear after student is killed in Aden”, Reuters, 26 June 2017, reuters.com/article/us-yemen-security-assassination/secular-yemenis-live-in-fear-after-student-is-killed-in-aden-idUSKBN19H10E[/ref]