Yemen Post Newspaper

Text Box:

Text Box: For a considerable period of time, there has been a big dispute about Law no. 1 of 2001 regarding private foundations and societies. Some say it is no more apt for the present time; while others criticize it and consider it to be restrictive for civil society organizations' freedom. However, we should admit there is a problem and the law itself is the problem and the solution.

Personally, I am for those who say there is no law relating to societies and civil society organizations and this opinion is based on two things:
First: the constitutional text has not prevented citizens from establishing societies, parties and organizations; however, it has not conditioned for their establishment to be law-compliant. Thus, the activity of civil society organizations is restricted by the general law which can be later exploited as means for halting or restricting the activity of those organizations.

Second: the Arabic legislation's philosophy is built on generality and guardianship manner and does not address the text as a frame for setting the mechanisms and guarantees that enable people to practice their constitutional right easily. The function of the law turns to be restrictive rather than protective.

A third party believes there is no problem in issuing a law that targets civil society organizations. At last, we found ourselves before a law that employs a word like 'registration' of private societies and organizations, instead of 'licensing' and later prevents them from practicing their activities. Thus, it takes with the left hand what it gives by the right.

The core of the problem is that the law does not address the concept of civil society organizations in its broad sense, but it deals partly with private organizations and societies that work in charitable fields and with such kind of societies those in charge of implementing the law find no problem in its implementation. Conversely, they exercise restrictive power on civil society organizations interested in political and democratic rights.

Any one who thinks to the otherwise is requested to look into the law to discover that the current law is meant for charitable societies, while other civil society organizations have nothing in this law save the restrictive power of the Ministry of Labor and Social Affairs, which is given the sole right to grant the licenses and to renew them.

Khalid Al-Anesi is the Director of HOOD organization for human rights. He is a lawyer who has also worked as a consultant, trainer, and adviser to political parties and foreign organizations.