Authorities in Yemen are resorting to both judicial and extra-judicial measures to rein in journalists. On Saturday last, a court in capital Sanaa ordered the suspension of the privately-owned Al-Usboo newspaper for three months and fined it Yemeni rial 30,000 ($160). The court also sentenced journalist Abdulwadud Al-Matari of Al-Rasid newspaper to a two-month suspended imprisonment. Both cases were filed by government agencies.
Al-Usboo’s former editor-in-chief Jamal Al-Odaini was also ordered to publish a paid apology ad to the education office of Taiz, the governmental agency which filed the lawsuit, in the official Al-Thowra newspaper for three successive days.
However, two other cases filed by individuals against Al-Rai Al-Aam and Al-Wasat newspapers for defamation resulted in not guilty verdict. Al-Rai Al-Aam was sued by investor Abdulraheem Mutahhar for defamation, while football player Hamid Al-Qadhi filed a lawsuit against Al-Wasat for the same reasons. The cases had nothing to do with the government and the newspapers were acquitted in both instances.
Earlier last week, the Committee to Protect Journalists (CPJ) condemned the beating up and intimidation of Mohammad Sadiq al-Odaini, head of a Yemeni independent press freedom group. Al-Odaini, secretary-general of the Center for Training and Protecting Journalist Freedom, told CPJ that on December 5 he was threatened at gunpoint by a man he recognised as a member of the security forces. A few days later the same man assaulted him along with two other attackers. Al-Odaini said he believed he was targeted because of his organisation's annual report published last month that accused the authorities of failing to investigate attacks on the press.
On December 5, a man who al-Odaini identified as security officer Asaad Ali Hezam al-Aayawi, pointed a pistol at al-Odaini's head and accused him of being a traitor, the journalist said. The officer, who showed al-Odaini his badge, is a well-known figure in the area, he said. On December 8, the same man along with two masked men dragged al-Odaini from his house in the capital Sana'a around 9:30 pm and beat him up. They tried to enter the house but left after neighbours intervened. The attackers returned later and stayed outside his home until 2 am. Al-Odaini called the police but they did not arrive until after daybreak.
"We are outraged by the attacks on Mohammad Sadiq al-Odaini," said CPJ Executive Director Ann Cooper. "The failure of the Yemeni authorities to identify and bring to justice those behind such assaults and intimidation suggests official tolerance for these violent and illegal acts. The government's inaction is deeply alarming."
After the attacks al-Odaini filed a complaint with both the local police and security authorities but they have failed to investigate. Al-Odaini said the lack of concern for the first attack encouraged the second, and his family feared more attacks.
On December 5, five soldiers in a gray-blue Mercedes circled independent daily Al-Ayyam's headquarters several times around 1 am before asking to meet editor-in-chief, Hisham Bashraheel. The soldiers gave no reason for the request. They were told the editor was not available. Al-Ayyam said the soldiers, armed with rifles and machine guns, belonged to the Republican Guard based on the car's licence plate. The soldiers returned the next morning day and parked next to the office. They waited there for two hours causing alarm among the staff. The newspaper told CPJ that the Mercedes was later seen by an Al-Ayyam employee entering the presidential compound in Aden.
Staff at Al-Ayyam told CPJ they suspected that the show of force by the Republican Guard was an attempt to intimidate the newspaper in retaliation for its recent coverage, which included stories about the political opposition to President Ali Abdullah Saleh, the deteriorating human rights situation in the country, and strained relations with the United States (US) over rights abuses. When the newspaper's editors complained to the local governor's office about the harassment, they were told the Republican Guard were in the area to "eradicate crows" in the city.
In a sharp deterioration of press freedom in recent months, government officials and suspected state agents have targeted several Yemeni journalists with threats, brutal assaults, abductions, and criminal lawsuits.
On November 26, a court in the capital Sana'a closed the opposition weekly Al-Tajammu for six months. It barred editor-in-chief, Abdulrahman Abdullah Ibrahim, and journalist Adulraman Saeed, from practicing journalism for one year, and fined them 50,000 Yemeni riyals ($275) each. The court said an article by Saeed in September 2004 about political violence in 1968 incited ethnic conflict and threatened national security. The judge said the article also insulted Islam, Al-Tajammu's lawyer Jamal Jaabi told CPJ.
The Union of Yemeni Journalists has on several occasions voiced its concern about these press freedom violations. On 27 November, the union's secretary-general, Hafez El-Bekhari, resigned in a gesture of protest towards the authorities and certain political parties which, he said, "tend to marginalise the role of the union."
Meanwhile, a new media law about to be passed by the government could signal an end to Yemen's free press, Article 19 has warned. The group said that the proposed Press and Publications Law contains provisions that will have a chilling effect on freedom of expression, including restrictions on the content of what may be published, and mandatory licences for print media.
The organisation's Law Programme Director Toby Mendel said: "Until today, a tiny but vigorous free press has succeeded in clinging to the southern tip of the Arabian peninsula. The unexplained recent spate of violent attacks against independent and opposition journalists has weakened its grip. What the free press needs now is a strong statement of support from the government. Unfortunately, the draft law is just the opposite."
According to Article 19, there is a large number of vague restrictions on the content of what may be published. These restrictions will create uncertainty about which expressions are permissible and will have a chilling effect on legitimate speech. The extensive use of licensing regimes too is a cause for concern. Official permission is required for the establishment of virtually any kind of print media enterprise. The use of licensing regimes is unnecessary, the organisation said, and can be used to prevent or close down critical publications.
Under the new law, journalists, editors and others will be required to possess certain academic qualifications and to have attained a specified age. Young and underprivileged Yemenis will be unable to enter the print media sector, regardless of their actual capabilities. Owners of newspapers and magazines will be required to make a capital deposit before commencing publication. This requirement will further confine ownership of publications to the richest group of Yemenis.
The revision process of the 1990 Law on Press and Publications was set in motion in 2004 when President Saleh called for the abolition of prison sentences for journalists. An initial draft by the ministry of information was heavily criticised by journalists due to the restrictions it introduced in other areas. Responsibility for the reform process was then handed to an ad hoc committee chaired by the minister of justice, which met under secrecy and did not consult the Yemeni Journalists Syndicate.
