Yemen
(2004)
The Constitution provides for freedom of religion,
and the Government generally respects this right in practice; however,
there were some restrictions. The Constitution declares that Islam is
the state religion, and that Shari'a (Islamic law) is the source of
all legislation.
There was no change in the status of respect for religious freedom
during the period covered by this report, and government policy continued
to contribute to the generally free practice of religion. Followers
of religions other than Islam are free to worship according to their
beliefs; however, the Government forbids conversions and prohibits non-Muslims
from proselytizing.
The generally amicable relationship among religions in society contributed
to religious freedom.
The U.S. Government discusses religious freedom issues with the Government
as part of its overall policy to promote human rights.
Section I. Religious Demography
The country has a total area of approximately 328,080 square miles,
and its population is approximately 20 million. Virtually all citizens
are Muslims, belonging either to the Zaydi order of Shi'a Islam or to
the Shafa'i order of Sunni Islam, representing approximately 30 percent
and 70 percent of the total population, respectively. There also are
a few thousand Ismaili Muslims, mostly in the north.
Almost all Christians are temporary foreign residents, except for a
few families living in Aden who trace their origins to India. There
are a few Hindus in Aden who also trace their origins to India. There
are several churches and Hindu places of worship in Aden, but no non-Muslim
public places of worship exist in the former North Yemen, largely because
the northern part of the country does not have a history of a large,
resident foreign community as exists in the south.
Christian missionaries operate in the country, and most are dedicated
to the provision of medical services; others are employed in teaching
and social services. Invited by the Government, the Sisters of Charity
run homes for the poor and persons with disabilities in Sana'a, Taiz,
Hodeida, and Aden. The Government issues residence visas to priests
so that they may provide for the community's religious needs. There
is also a German Christian charitable mission in Hodeida and a Dutch
Christian medical mission in Saada. An American Baptist congregation
maintains an affiliation with the hospital in Jibla, which it ran for
more than 30 years before transferring management to the Government
in 2002. The Anglican Church runs a charitable clinic in Aden. A U.S.
nongovernmental organization (NGO), run by the Seventh-day Adventists,
operates in several of the country's governorates. Nearly all of the
country's once-sizable Jewish population have emigrated. Less than 500
Jews are scattered in a handful of villages between Sana'a and Saada
in the northern part of the country.
Section II. Status of Religious Freedom
Legal/Policy Framework
The Constitution provides for freedom of religion, and the Government
generally respects this right in practice; however, there were some
restrictions. Followers of other religions are free to worship according
to their beliefs and to wear religiously distinctive ornaments or dress;
however, the Government forbids conversions, requires permission for
the construction of new places of worship, and prohibits non-Muslims
from proselytizing and holding elected office. The Constitution declares
that Islam is the state religion and that Shari'a is the source of all
legislation. The Government does not keep track of an individual's religious
identity.
Restrictions on Religious Freedom
Government policy and practice contributed to the generally free practice
of religion; however, the Government prohibits non-Muslims from proselytizing.
Under Islam as applied in the country, the conversion of a Muslim to
another religion is considered apostasy, a crime punishable by death.
During the period covered by this report, there were no reported cases
in which persons were charged with this crime or prosecuted for it by
government authorities. The Government also did not allow the building
of new non-Muslim public places of worship without previous authorization.
Weekly services for Catholic, Protestant, and Ethiopian Christians are
held in the auditorium of a private company building in Sana'a without
government interference. Christian church services are held regularly
in other cities in private homes or facilities such as schools without
harassment, and such facilities appear adequate to accommodate the small
numbers involved.
The Papal Nuncio, resident in Kuwait, presented his credentials to
the Government in 2002 and was accredited as a nonresident ambassador.
During the period covered by this report, there were several official
Vatican visits to the country.
Public schools provide instruction in Islam but not in other religions;
however, Muslim citizens can attend private schools that do not teach
Islam. Almost all non-Muslims in the country are foreigners, and they
attend private schools.
There are no legal restrictions on the few hundred Jews who remain
in the country, although there are traditional restrictions on places
of residence and choice of employment (see Section III).
The Government made efforts to prevent the politicization of mosques
in an attempt to curb extremism, including by monitoring mosques for
sermons that incite violence or other political statements that it considers
harmful to public security. Private Islamic organizations may maintain
ties to pan-Islamic organizations; however, the Government monitored
their activities through the police and intelligence authorities.
In 2001, the Government mandated the implementation of a 1992 law to
unify educational curriculums and administration of all publicly funded
schools; the process of absorbing publicly funded Islamic schools into
the national system was still ongoing at the end of the period covered
by this report. The Government renewed its efforts in June by ordering
the closing of all private schools that are not licensed by the Government.
Private and national schools are also prohibited from teaching courses
outside of the officially approved curriculum. This move was announced
in an attempt to curb the growing extremism that many within the country
and elsewhere attribute to ideological and religious extremism that
is taught in these schools.
Non-Muslim citizens may vote but may not hold elected office.
Following unification of North and South Yemen in 1990, owners of property
previously expropriated by the communist government of the former People's
Democratic Republic of Yemen were invited to seek restitution of their
property. However, implementation of the procedure, including for religious
institutions, has been extremely limited, and very few properties have
been returned to any previous owner.
Under Shari'a-based law and social custom as practiced in the country,
men are permitted to take as many as four wives, although very few do
so. Legally the minimum age of marriage is 15; however, the law largely
is not enforced, and some girls marry as early as age 12. In 2001, the
Women's National Committee proposed an amendment to increase the minimum
age for marriage to 18. The proposal was approved by the Cabinet and
was still pending in the Parliament at the end of the period covered
by this report. The law stipulates that the wife's "consent"
to the marriage is required; "consent" is defined as "silence"
for previously unwed women and "pronouncement of consent"
for divorced women. The husband and the wife's "guardian"
(usually her father) sign a marriage contract; in Aden and some of the
country's outlying governorates, the wife also signs. The practice of
bride-price payment is widespread, despite efforts to limit the size
of such payments.
Shari'a-based law also requires that the wife must obey the husband.
She must live with him at the place stipulated in the contract, consummate
the marriage, and not leave the home without his consent. Husbands may
divorce wives without justifying their action in court; however, courts
routinely mandate lengthy reconciliation periods prior to granting the
husband's petition for divorce. A woman has the legal right to divorce;
however, she must provide a justification, such as her husband's nonsupport,
impotence, abrogation of the marriage contract (for example, violating
guarantees regarding her education or employment options), or taking
of a second wife without her consent. A woman seeking a divorce also
must repay a portion of her bride price, which creates an additional
hardship.
Women who seek to travel abroad must obtain permission from their husbands
or fathers to receive a passport and to travel. They also are expected
to be accompanied by male relatives; however, enforcement of this requirement
is irregular. Shari'a-based law, as practiced in the country, permits
a Muslim man to marry a Christian or Jewish woman, but no Muslim woman
may marry outside of Islam.
Abuses of Religious Freedom
Official government policy does not prohibit or provide punishment
for the possession of non-Islamic religious literature; however, on
occasion there were unconfirmed reports that foreigners were harassed
by police for possessing such literature. In addition some members of
the security forces occasionally censor the mail of Christian clergy
who minister to the foreign community, ostensibly to prevent proselytizing.
Unlike in previous years, there were no reports that police harassed
and detained persons suspected of apostasy to compel them to renounce
their conversions.
There were no reports of persons detained or imprisoned based solely
on religion; however, police and security forces continued to detain
suspected members of radical Islamist groups throughout the period covered
by this report. Since September 2001, several hundred "Afghan Arabs"
(Islamists who had returned after spending time in Afghanistan) have
been detained for questioning. Although many such persons were released
in days some reportedly continue to be detained beyond the maximum detention
period.
Forced Religious Conversion
There were no reports of forced religious conversion, including of
minor U.S. citizens who had been abducted or illegally removed from
the United States, or of the refusal to allow such citizens to be returned
to the United States.
Abuses by Terrorist Organizations
There were no reported abuses targeted at specific religions by terrorist
organizations during the period covered by this report.
Section III. Societal Attitudes
The generally amicable relationship among religions in society contributed
to religious freedom.
The country is predominantly Muslim. There are very small numbers of
religious minorities, and relations among religious groups generally
are amicable. There were no reported incidents of violence or discrimination
between the adherents of the two main orders of Islam practiced in the
country, Zaydi and Shafa'i Islam. Religiously motivated violence is
neither incited nor tolerated by the Islamic clergy, except for a small,
politically motivated clerical minority often with ties to foreign extremist
elements.
Religious minorities generally live in harmony with their Muslim neighbors.
Apart from a small but undetermined number of Christians and Hindus
of South Asian origin in Aden, Jews are the only indigenous religious
minority. Their number has diminished significantly--from several tens
of thousands to a few hundred--due to voluntary emigration over the
last 50 years. Although the law does not discriminate against Jews,
Jews traditionally are restricted to living in one section of a city
or village and often are confined to a limited choice of employment,
usually farming or handicrafts (primarily silver working). They are
generally respected for their craftsmanship and their silver work is
highly prized. Jews may and do own land. They may vote; however, as
non-Muslims, they may not hold elected office (see Section II). Traditionally
the tribal leaders of the regions in which the Jews have resided are
responsible for protecting the Jews in their areas. A failure to provide
this protection is considered a serious personal dishonor.
Christian clergy, who minister to the foreign community, are employed
in teaching, social services, and health care.
Section IV. U.S. Government Policy
The U.S. Government discusses religious freedom issues with the Government
as part of its overall policy to promote human rights. The U.S. Embassy
maintains an active dialogue on human rights issues with the Government,
NGOs, and others. Embassy officers, including the Ambassador, met periodically
with representatives of the Jewish and Christian communities during
the period covered by this report.
Sources: U.S. State Department - Bureau of Democracy, Human Rights and Labor |