Freedom of civil society organizations debated at conference

Establishment of civil society organizations and their freedom to own media outlets of all sorts including broadcast rights, freedom of information access, transparency and funding were the main points discussed last Saturday during the launch of the Freedom of Civil Society conference.

The participants represented government, civil society organizations as well as donors and discussions were characterized by a small amount of agreement and large differences in most of the cases. The discussion was mediated by Twakel Karman, head of Women Journalists Without Chains (WJWC).

The government was very strict about having all civil society organizations (CSOs) registered with the Ministry of Social Affairs and Labor. "The license given to the organizations is a legal document to add legality to their work," said Ali Saleh Abdullah, deputy of the social affairs ministry.

CSOs consider the idea of licensing as a sort of custody the government imposes on them, and say that the declaration of CSOs is enough to give them the right to work, according to Mohammed al-Mukhlafi, head of the Yemeni Observatory for Human Rights. "The work of the CSOs is enlightenment and education, and in order to gain influence and spread their ideas in society they need all sorts of media outlets," said al-Mukhlafi.
   
"Regarding civil society work, we are still in the beginning [stages] and we in the government consider CSOs as partners. We are on the same team," said the deputy minister of social affairs.

The regional director of the Danish Institute for Human Rights in the Middle East and North Africa, Mowaid Mehtar, said that three sectors should exist as part of any state: public, private and civil society organizations. All sectors must join forces for the good of society, and transparency is a must to enhance partnership amongst all sectors, said Mehtar.

Regarding the constitution and what it says about CSOs, Khalid al-Anesi, executive director of HOOD Organization for Defending Human Rights and Freedoms, said, "An article in the constitution is clear about no power or authority for the government over CSOs, except for the power of the judicial authority that monitors all the components of the state." Al-Anesi mentioned that the state has the right to question any organization in case of a breach against systematic working principles.

Dr.Fuad al-Salahi, a professor of socialogy at Sana'a University, said that there is a necessity to reduce the state power over the works of the CSOs.

The secretary-general of the Socialist Party, Dr. Yassin Saeed No'aman, said Yemen is not a completely civil environment, saying that registering the organizations does not guarantee that they will be recognized. He said that registration is important, but only one phase. No'aman called for a study to identify the problems with the current law that regulates the establishment of civil society organizations.

Spokesperson for the American Embassy in Yemen, Ryan Guliah, described Yemen's civil society law as advanced as that and better than gulf countries in many cases. Ryan said that establishing CSOs is a right for all people and considers registration of the organizations as something important.

The official and civil sides were in disagreement on the issue of the right of CSOs to have access to information. Deputy minister of Planning and International Cooperation, Hisham Sharf, said that it is early to talk about CSOs owning broadcast media. The deputy minister of social affairs talked about the right of issuing publications to allow media outlets of all sorts access to the 5000 organizations that are registered with the ministry. "CSOs have the right to issue periodicals and bulletins within the limits of their activities, but the right to have broadcasts or other media outlets is regulated by other laws," said Ali Saleh Abdullah.

Afra'a al-Hariri, a lawyer for the Social Care House, said that freedom of information is absent and people need this first before they can talk about freedom to establish media outlets. Al-Mukhlafi called for amendments to the law so as to give organizations the right to establish any sort of media - not only newspapers but broadcast media as well - in order to convey their message to society. Al-Hariri criticized the work of CSOs as being confined to the capital, Sana'a, and neglecting other governorates.    

Sharf disagreed and said that information is available on the state websites and if not people can ask for it, assuring that there was no secret information. Al-Anesi criticized the lack of transparency from the government, and stressed the rights of organizations to have media of all sorts.

The discussion amongst all the involved sides heated up when talking about sources of funding for the organizations and their right to be involved in business in order to support themselves. The deputy minister of social affairs assured the right of the organizations to receive funds and hinted at financial and administrative breaches within the organizations as well as a lack of sources as predominant issues that the organizations encounter. He said that outside funding is given only to certain organizations. He then called on the organizations to think about amendments to the funding system. 

The official side expressed its annoyance at some organizations hiding their sources of funding, and the government learning about it only through cooperation with some donor embassies in Yemen, according to Sharaf.  

"We are not the only country in the world that asks organizations to inform the state of their funding sources," said Sharaf.

Guliah talked about different conditions for funding, justifying his embassy's contact with some organizations by stating that they are able to carry out some activities better than the government.

A representative from the Friedrich Ebert Stiftung (institutute), said that the organizations have the right to funding from any sources and also have the right to involve themselves in business as long as this is not done for profit, but rather to support their activities.

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