3. State Party Reports

Yemen

(...)

I. EVALUATION OF CHILD PROGRAMMES IN THE REPUBLIC OF YEMEN OVER A TWO-YEAR PERIOD IN THE LIGHT OF THE CONVENTION ON THE RIGHTS OF THE CHILD

A. Legislative acts in the Republic of Yemen and the Convention on the Rights of the Child

(...)

4. The Juvenile Welfare Act No. 24 of 1992

22. Under article 37 of the Convention, "no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor imprisonment without possibility of release shall be imposed for offences committed by persons below 18 years of age;". Similarly, "no child shall be deprived of his or her liberty unlawfully or arbitrarily ... every child deprived of liberty shall be treated with humanity and respect". Comparing this article with the legislation of the Republic of Yemen, we find that, under the Juvenile Welfare Act No. 24 of 1992, a juvenile is defined as any person who is not more than 15 full years of age at the time of perpetrating an act that the law designates as criminal (art. 2). Under article 3, a juvenile is deemed to be delinquent in specific instances, including the following:

  1. If he is found begging;
  2. If he associates with delinquents or rogues;
  3. If he habitually runs away from home or plays truant from school;
  4. If he engages in acts characterized by licentiousness, depravity or moral corruption.

23. Article 11, paragraph 3, stipulates that a juvenile under 12 years of age may not be detained in a police station or by any security organ and must be assigned to the care of his parents, his guardian or his trustee. If that is impossible, he must be placed in the nearest juvenile rehabilitation home for a period of not more than 24 hours. If his release constitutes a danger to himself or to others, he must thereafter be referred to the Office of the Public Prosecutor for consideration of his case in accordance with the provisions of the Act. Under paragraph (b) of the same article, a juvenile who has attained the age of 12 years may be detained in any police station, provided that the period of detention does not exceed 24 hours and that he is detained in a particular location that prevents him from mixing with other detainees who are older than him.

24. Article 14 states that a juvenile may not be ill-treated or placed in chains. It also prohibits enforcement by means of physical coercion and safeguards the dignity of the juvenile, even if he has committed a crime punishable by law. Article 37 stipulates that, if a juvenile who is over 14 but under 15 years of age commits a crime punishable by the death penalty, he shall be sentenced to a term of imprisonment of not less than 10 years, thereby ensuring that juveniles aged between 14 and 15 years are not sentenced to the death penalty. These provisions are consistent with provisions contained in the Convention in that connection, such as articles 16, 33, 37 and 40. One article of the Act stipulates that a juvenile court should be constituted in each governorate by a decision of the Minister of Justice. Notwithstanding their importance, however, such courts have not yet been established.

(...)

E. Social and mental welfare services for children

(...)

5. Provision of care and training for homeless and delinquent juveniles

96. Since the mid-1970s, five centres in the Republic of Yemen have been providing social, psychological, educational and vocational rehabilitation services for juveniles in these categories who have lost their natural link to the family and have become homeless and open to exploitation. However, the centres fail to play their proper role because of the shortage of resources and the lack of comprehensive services. There has been an attempt in the last two years to proceed with the promulgation of the Juvenile Welfare Act, to formulate its implementing regulations and to prepare for the establishment of juvenile courts. However, the social and economic situation prevailing after the Gulf war impeded such action and the existing centres, with their current capacity, are unable to provide adequate services for needy children. Moreover, the recent events have led to an increase in the number of homeless and delinquent juveniles.

(...)

III. PROPOSED PLANS OF ACTION

A. Plan of action for the establishment of a home for socially-handicapped juvenile girls

The problem

136. Field studies have drawn attention to the existence of a group of juvenile girls who commit offences and are currently exposed to abuse, oppression and exploitation when they find themselves in prison with adult women. After spending some time in these conditions, they tend to become professional delinquents because of the lack of a social rehabilitation policy in the penal establishments concerned. It is therefore essential to establish a special home for girls in response to the rapid social change that has affected family and other social institutions. These institutions have been unable to cope with existing problems in the absence of specialized social and rehabilitation centres such as homes for juveniles which can play the family's role in such circumstances.

Aims

137. The proposed plan of action would have the following aims:

  1. To establish a special institution for the rehabilitation and reform of juveniles;
  2. To foster an appropriate natural environment to reconstitute the personality of juvenile girls and prepare them for release from the home;
  3. To remove anything that might remind the juvenile girl that she is undergoing punishment;
  4. To foster an appropriate educational and cultural atmosphere, with guidance and counselling, to promote readjustment of the juvenile and her integration into society;
  5. To develop the juvenile girl's social awareness so that she can reintegrate easily after her release from the home;
  6. To use programmes comprising social and cultural activities and sport to strengthen the juvenile girl's moral fibre, reform her character and teach her to cultivate a range of virtues;
  7. To provide religious and cultural instruction geared to the girl's age, state of mind and social condition.

Justification

138. Rapid population growth and the growing demands and everyday needs of the family and society in response to social change and changes in habits, customs and traditions have produced signs of moral degeneracy among juvenile girls in some poor, needy and neglected environments as a result of family and social pressures that have undermined family structures in a number of ways.

139. Juvenile girls are currently held in women's prisons alongside hardened women criminals. This situation undermines any preventive reform programme for juvenile girls and there is no clear-cut policy to establish a juvenile institution for girls where their behaviour can be changed and their previous attitude towards themselves and others revised.

140. An institution of this kind, providing educational, social, sports and vocational programmes, should offer many opportunities for productive initiatives. The staff would be aware of any inclination to change on the part of the juvenile girls in the context of therapeutic programmes involving counselling, encouragement, empathy and sympathy in the event of failure. They would also endeavour to enhance the girls' self-esteem through rehabilitation, training and instruction, in contrast to the current situation in the prisons where juvenile girls are detained. Essential therapy would be provided involving the entire staff of the institution through the establishment of social relationships between them and the juveniles by means of various kinds of activities.

141. In order to establish the institution the following measures would require to be implemented:

Means

  1. Provision of a plot of land for the project;
  2. Design of a building suited to the rehabilitation, training, educational and recreational programmes;
  3. Equipment and furnishing of the building with educational and teaching aids in accordance with modern specifications;
  4. Installation of productive workshop facilities for rehabilitation, vocational training and programmes of literary, cultural, recreational and social activities;
  5. Appointment of the requisite administrative and technical staff for the institution and provision of the corresponding materials and equipment.

Funding

  1. Earmarking of the financial credits and appropriations required to implement the project under the 1996-1997 investment programme budget of the Ministry of Social Security and Labour.
  2. Steps to open up channels of communication with international organizations that might help to fund the project.
  3. The budget: government contribution:

Forty million Yemeni rials (building costs);

Salaries of the staff of the institution;

(d) Foreign support:

Coordination with the Embassy of the Netherlands, UNICEF, the Swedish International Development Agency (SIDA), the United Nations Educational, Cultural and Scientific Organization (UNESCO) and the International Labour Organization (ILO) with a view to obtaining financial assistance to furnish the home and install the requisite facilities for teaching, workshops and programmes of social and cultural activities.

  • UNICEF: US$ 100,000;
  • SIDA: US$ 50,000;
  • UNESCO: US$ 60,000;
  • ILO: US$ 150,000.

(...)

Annex VI

Social institutions serving homeless and delinquent children and number of beneficiaries from the date of establishment until 1993

(...)



Annex VII

Public and private centres for the disabled: services and programmes

Name of institution
Region
Disability
Responsible authority
Capacity
Type of service
Number
of beneficiaries
Educational programmes
Vocational training programmes
Additional activities
Al-Nur Centre
Sana'a
Blind
Social security
50
Education and care
108
Braille tuition to preparatory level
None
Cultural, social, recreational, musical
Al-Nur Institute
Aden
Blind
Social security
50
Education, care and rehabilitation
25
Braille tuition
Wickerwork training
Cultural, social, recreational, musical
Al-Nur Institute
Mukalla
Blind
Social security
50
Education, care and rehabilitation
80
Braille tuition
Wickerwork, bookbinding, carpentry, stonework
Cultural, social, recreational, musical
Cognitive Development Centre
Sana'a
Deaf, dumb and mentally retarded
Social security and the local council
120
Education and rehabilitation
238
Special tuition for the deaf
Carpentry, printing, knitting, upholstery, bookbinding, agriculture
Cultural, social, recreational, sports, musical
Rehabilitation Centre for the Disabled
Aden
Motor handicapped
Social security
60
Education and rehabilitation
50
Literacy
Printing, secretarial work, knitting, sewing, carpentry
Project for rehabilitation of the disabled within societyTa'izz
Lahej
 
All disabilities
Social security
Open
Consciousness-
raising and education
278
Consciousness-
raising and education
None
None
Early home education project for mothers of disabled children
Sana'a
All disabilities
Social security
80
Consciousness-
raising and education
63
Education and training programmes for mothers of disabled children
None
None
Rehabilitation and Natural Therapy Centre
Sana'a
Motor handicapped
Health
Open
Natural therapy, prostheses, prosthetic equipment
Open
None
None
None
School for the Deaf
Hudayda
Deaf and dumb
Local council
30
Education
50
Special tuition for the deaf: lip-reading and sign language
None
Cultural, social, recreational
School for the Deaf
Zabid
Deaf and dumb
Education: Literacy Department
40
Education and rehabilitation
48
Special tuition for the deaf: lip-reading and sign language
Sewing, handicrafts
Cultural, social, sports, recreational
Rehabilitation Centre for the Disabled
Ta'izz
Deaf, dumb and mentally retarded
Hayel Sa'id Group-----Home for the Elderly and DisabledSana'aAll disabilities and the elderlyLocal council
80
Care, accommodation
125
None
None
None
Home for the Elderly
Aden
The elderly
Social security
150
Care, accommodation
45
None
None
None
Al-Salaam Sanatorium
Hudayda
Mental illness
Social security
150
Care, accommodation, therapy
245
None
None
 
City of Light
Ta'izz
Leprosy
HealthAl-Salaam HospitalAden Sana'aMental illnessHealthMental Sanatorium for WomenSana'aMental illnessReform Society
34
Mental care and therapy
28
None
None
 
Society for Motor Handicapped Persons
Sana'a
Motor handicapped
Society for the Disabled
30
Education, rehabilitation
225
Literacy
Printing, knitting, sewing, handicrafts
 
Mental Sanatorium
Sana'a
Mental illness
HealthMental Sanatorium at the Central PrisonSana'aMental illnessInterior
Open
 
220
None
None
None
Home for the Elderly
Hudayda
The elderly
Social security
600
Care, accommodation
285
None
None
Recreational outings


Source: Initial reports of States parties due in 1993: Yemen, UN Doc. CRC/C/8/Add.20, paras. 22-24, 96, 136-141 (6 June 1995)

2nd State Party Report

I. LEGISLATION ON THE RIGHTS OF THE CHILD

(...)

A. Definition of the child in Yemeni legislation

6. Various Yemeni laws and legislative enactments set the legal age for the exercise of various rights and obligations. For example:

(...)

(e) The Juveniles Act. This Act defines a "juvenile" as any person who commits an act which the law designates as criminal, or who becomes a potential delinquent, while under 15 years of age (art. 2);

(f) The Penal Code. With regard to criminal responsibility, this Code stipulates that a child under 7 years of age who commits an act constituting an offence is not liable to criminal prosecution. If the act is committed by a child over 7 but under 15 years of age, instead of the prescribed penalty the judge can impose only one of the measures provided for in the Juveniles Act. Persons under 18 years of age may be sentenced to no more than half the legally prescribed maximum penalty;

(...)

B. General principles concerning the rights of Yemeni children

(...)

6. The right to privacy

24. Articles 47 and 52 of the Yemeni Constitution stipulate that all citizens are on an equal footing in regard to their rights and obligations and must be protected from subjection to any arbitrary or unlawful interference with their privacy, family, home, correspondence or communications.

25. These rights are recognized in the Penal Code, under which it is a punishable offence to invade a person's privacy, to threaten to divulge personal confidential matters, to violate the privacy of homes or correspondence, to restrict freedoms in an unlawful manner, to in any way threaten to commit a harmful act in order to frighten the threatened person or any of his relatives, to eavesdrop on, or to use any device to record or transmit, conversations that take place in a private place or by telephone, or to use any device to take or transmit a photograph of any person in a public place, unless this is done at a public gathering with the full knowledge and presumed consent of the persons participating therein. Under articles 246, 253, 254, 255, 256 and 257 of the Public Rights Act, no one may be subjected to torture or other forms of cruel, inhuman or degrading treatment or punishment. Under articles 8, 14 and 37 of the Juveniles Act, children also enjoy these rights as set forth in the legislative enactments concerned.

26. In general, the Penal Code makes it a criminal offence to compel anyone to confess to a crime or to make statements or provide information relating thereto. The same applies to any unlawful restriction of liberty or resort to the use of force. Under articles 166, 167 and 168 of the Code, it is a criminal offence for any public official to commit or order the commission of such acts during the discharge of his duty by, for example, using torture, force or threats in order to induce a suspect to confess to a crime or compel a witness or make statements or provide information. It is likewise a criminal offence to inflict or order the infliction of a penalty more severe than that to which the convicted person has been sentenced or, in the case of an official responsible for the implementation of orders, to refuse to implement an order for the release of a prisoner or to deliberately keep him in the penal institution after he has served his sentence. Furthermore, it is a criminal offence to abuse authority by unlawfully treating people in a harsh, dishonourable or physically painful manner. Under article 247 of the Code, it is a criminal offence for any person to unlawfully prepare, lend, rent, or provide premises for the purpose of imprisonment or detention, regardless of whether or not he participated in the arrest, imprisonment or detention.

27. Article 47 of the Constitution of the Republic of Yemen stipulates that no one may be placed under surveillance or investigated except as provided by law. The dignity of supporters of any political ideology must be safeguarded and it is prohibited to subject anyone to physical, psychological or mental torture or to force anyone to make a confession during an investigation. Torture and inhuman treatment are likewise prohibited at the time of arrest and during the period of detention or imprisonment. This article helps female prisoners who are obliged to keep their infant or young children with them by ensuring that they are not subjected to forms of torture that would be psychologically harmful to their children or expose them to future behavioural disorders.

(...)

C. Family environment and alternative care

(...)

5. Institutional care

60. The Yemeni legislature has regulated institutional care in article 105 of the Penal Code, which stipulates that: "If the judge finds that, at the time of the commission of an offence, the person accused thereof was unable to distinguish right from wrong due to a mental disorder, he shall order the said person's placement in an institution for the treatment of mental disorders." Under the same article, the institution is required to report to the judge on the patient's condition at periodic intervals not exceeding six months and, after seeking the opinion and approval of the competent medical authority, the judge may decide to order his release or his delivery into the custody of a relative capable of providing him with care and protection.

61. At the request of the Department of Public Prosecutions or the persons concerned, and after seeking the opinion of the competent medical authority, the judge may order his readmission to the institution for further treatment if circumstances so require.

62. Article 36 of the Juvenile Welfare Act makes provision for the following penalties and measures against juvenile offenders:

(a) Placement in a juvenile rehabilitation and welfare centre run by the Ministry of Social Security and Social Affairs or in another legally approved institution (handicapped juveniles being placed in an appropriate rehabilitation centre) for a period not exceeding 10 years if they commit serious offences, three years if they commit minor offences and one year in the case of potential delinquency. The institution in which such juveniles are placed must submit a report to the court on their behaviour at intervals not exceeding six months;

(b) Placement in a specialized hospital in which the juvenile can receive the requisite care. The court monitors his need for ongoing treatment at periodic intervals not exceeding one year, during which medical reports are submitted to the court, which may order his release if his condition so permits. On reaching the age of 15 years, the juvenile is transferred to a specialized hospital for the treatment of adults if his condition necessitates further treatment.

II. SOCIAL WELFARE AND PROTECTION

(...)

B. Special protection measures

(...)

2. Children in conflict with the law

(a) Child offenders

71. In accordance with the guidelines concerning the Convention on the Rights of the Child, we wish to draw attention to the following points.

72. Article 49 of the Judicial Authority Act makes provision for the establishment of juvenile courts of first instance and the regulation of their composition, competence and procedure. Accordingly, the legislature promulgated the Juveniles Act, article 8 of which stipulated that the Department of Public Prosecutions was responsible for the examination and handling of juvenile cases. The same article also stipulated that, during the interrogation and examination, the examiner must show due regard for the age of the juvenile, the gravity of the act of which he is accused, his physical, mental and psychological condition, and the circumstances in which he was raised.

73. Under article 11 of the Juveniles Act, it is prohibited to detain a juvenile under 12 years of age in a police station or other security establishment. His legal or testamentary guardian or another trustworthy person must stand surety for him, failing which he must be placed in the nearest juvenile rehabilitation and welfare centre for a period not exceeding 24 hours. If his release poses a threat to himself or to others, he must be referred to the Department of Public Prosecutions for consideration of his case. Juveniles over 12 years of age may be detained in a police station for up to 24 hours, provided that they are kept in a special place which precludes their mixing with other older detainees. If the offence with which the juvenile is charged necessitates his remand in custody, article 12 permits his confinement in a juvenile rehabilitation and welfare centre, by order of the Department of Public Prosecutions, for a period of up to one week.

74. Article 13 of the Act stipulates that juvenile cases must be regarded as urgent cases for which the Act specifies rules of procedure designed to protect juveniles, as well as the measures and penalties to which they are subject.

75. Article 15 of the Act makes provision for the establishment of juvenile courts in each governorate of the Republic by order of the Council of the Judiciary based on a proposal from the Minister of Justice.

76. In fact, a juvenile court, consisting of a president and five judges, has been established in the governorate of Aden under the terms of Decree No. 11 of 1996 promulgated by the President of the Republic and the Chairman of the Higher Council of the Judiciary.

77. Every court of first instance in the Republic is also competent to hear juvenile cases, such as cases involving child maintenance and custody, and to hand down judgements therein.

78. Under article 15 of the Juveniles Act, the Higher Council of the Judiciary is empowered to vest a court of first instance in each governorate with exclusive competence to exercise the functions of a juvenile court if such a court cannot be established due to the small number of juvenile cases in the governorate concerned.

(b) Children deprived of their liberty

79. Juveniles over 12 years of age can be held at a police station for up to 24 hours, after which they must be placed in a rehabilitation and welfare centre by order of the Department of Public Prosecutions or the court. Under article 29 of the Juveniles Act, it is prohibited to mix male and female juveniles in a single rehabilitation and welfare centre, during the period of interrogation and examination by the Department of Public Prosecutions, in the court or while they are serving their sentences.

80. Article 35 of the Juveniles Act stipulates that sentences imposed on juveniles must be served in places in which they are isolated from adults within the penal institution. The prison administration receives all convicts through the Department of Prisons in accordance with the Prisons Regulatory Act.

81. Article 32 of this Act stipulates that a place known as an admission centre, in which incoming prisoners are interviewed, must be established in every prison. During their confinement, first-time offenders are isolated from prisoners who have previously been convicted of serious offences, foreigners are isolated from Yemeni prisoners, juveniles are isolated from adult prisoners and female prisoners are isolated from male prisoners.

82. However, since separate premises have not yet been established for female juveniles, the latter are currently held in women's prisons, which might pose a threat to their future social behaviour. The Government must therefore take urgent measures to solve this problem, which the competent authorities are already studying.

(c) Penalties

83. Article 36 of the Juveniles Act stipulates that a juvenile under 10 years of age who commits an offence punishable under the Penal Code cannot be sentenced to the penalty prescribed therefor. A juvenile can be sentenced only to one of the following measures:

(a) A reprimand, rebuke or censure from the court for his conduct and a warning not to engage in such conduct again;

(b) Delivery into the custody of a parent or a person exercising the right of legal or testamentary guardianship. In the absence of anyone willing to assume this responsibility, the juvenile is delivered into the custody of a member of his family or any trustworthy person who undertakes to bring him up, or into the custody of a reliable family willing to undertake responsibility for his upbringing;

(c) Enrolment for vocational training in a specialized centre or an industrial, commercial or agricultural enterprise willing to train him for a period not exceeding three years;

(d) Imposition of specific obligations and prohibition of the frequentation of specific places. This measure is taken for a period of not less than six months and not more than three years;

(e) Judicial probation, i.e. the juvenile is not permitted to live in his natural family environment and remains subject to guidance, supervision and other obligations specified by the court for a period of up to three years. If this measure fails, he is brought before the court, which can impose any other measures that it deems appropriate;

(f) Placement in a juvenile rehabilitation and welfare centre or, in the case of handicapped juveniles, in a rehabilitation centre, under the terms of a court order. The duration of such placement must not exceed 10 years in the case of serious offences, three years in the case of minor offences and one year in the case of potential delinquency. The centre must submit a report on the juvenile's condition and behaviour at six-monthly intervals so that the court can take an appropriate decision in the light thereof;

(g) Placement in a specialized hospital in which the juvenile can receive the care that his condition requires under the supervision of the court. On reaching the age of 15 years, juveniles whose condition requires further treatment are transferred to a specialized hospital for the treatment of adults. Article 37 of the Juveniles Act stipulates that a juvenile under 15 years of age who commits an offence punishable by the death penalty is liable to a penalty of not less than 10 years' imprisonment. In the case of other offences committed while he is in full possession of his mental faculties, he is liable to not more than one third of the maximum penalty prescribed for the offence.

84. Under article 38, a juvenile who commits two or more offences is liable to a single appropriate measure. If so requested by the Department of Public Prosecutions, the court is empowered to postpone the juvenile's transfer from a juvenile rehabilitation and welfare centre to a prison in order to enable him to complete the vocational training that he has begun.

85. Article 31 of the Penal Code stipulates that a person who was under 7 years of age at the time of his commission of an act constituting an offence cannot be prosecuted therefor. In the case of a juvenile offender over 7 but under 15 years of age, instead of the prescribed penalty the judge can impose only one of the measures provided for in the Juveniles Act. In the case of offenders over 15 but under 18 years of age, the sentence imposed cannot exceed half of the maximum legally prescribed penalty, the death penalty being commuted to a term of 3-10 years' imprisonment. In all cases, the prison sentence is served in special places in which the convicted person is treated in an appropriate manner. Persons who commit an offence while under the age of 18 are not held fully criminally responsible for their acts.

86. A careful study of the prescribed penalties shows that the Yemeni legislature amended the penalties stipulated in the Juveniles Act of 1992 and the Penal Code of 1994, which are pending ratification by the House of Representatives but are nevertheless being applied under the terms of the Constitution.

(...)

D. Juvenile welfare policies and programmes

103. The Government is currently making increasing endeavours to provide services for juvenile offenders, vagrants, delinquents and potential delinquents alike and to find appropriate ways to reform them and protect them from delinquency through placement in rehabilitation and welfare institutions for juveniles. In pursuance of these policies, the Government has formulated programmes and promulgated national legislation to deal with the problem of juvenile delinquents through prevention or rehabilitation in a manner consistent with their circumstances and their situation. However, there is an urgent need for a comprehensive national plan to overcome this problem through preventive and curative means, taking into consideration the changing socio-economic circumstances and situations, in such a way as to turn potential delinquents into active members of society capable of furthering the overall national development process in the country through reform and social, psychological and cultural welfare programmes and activities.

104. The Juveniles Act made provision for numerous preventive measures needed to rehabilitate juvenile delinquents and prevent them from further delinquency or potential delinquency. Various articles of the Act refer to the need to control delinquents who commit serious offences, the institutions empowered to punish them, the type of penalties to be imposed on them, the methods of enforcing these penalties, their guaranteed right to defend themselves against charges with which they are faced, and a large number of measures to facilitate the examination of juveniles during their trial in order to mitigate the adverse psychological effects of these judicial proceedings.

105. Articles 3-10 of the Act define the concept of juvenile delinquency and the cases in which a juvenile can be regarded as a potential delinquent so that the competent authorities can intervene and help him. A definition is also given of juveniles who pose a threat to society and ways to deal with them. Accordingly, the Department of Public Prosecutions is designated as the authority responsible for conducting examination proceedings and taking action in juvenile cases, bearing in mind the fact that the juvenile's guardian must be notified if he is arrested after breaking the law.

106. The Labour Act No. 5 of 1995 regulates the employment of young persons by laying down a series of rules that ensure the requisite protection for young persons entering the labour market and enable them to exercise all their rights.

1. Welfare services for child offenders

107. Social, educational and psychological services are provided for young offenders at the social rehabilitation centres where they also benefit from institutional care. The juveniles placed in these institutions engage in numerous activities designed to rectify their behaviour and change their inclinations. The juvenile inmates also benefit from health care, nutrition programmes and other services.

108. In view of the small number of juvenile welfare centres, the penal institutions established special independent sections for the detention of young persons sentenced to custodial penalties. These sections are completely separate from the building in which adult prisoners are detained. However, the social and educational services that should be provided for young persons are totally lacking in these penal institutions and, consequently, there is a need to review the question of the detention of young offenders in these institutions and to endeavour to place them in juvenile rehabilitation and welfare centres as stipulated in the Juvenile Welfare Act.

109. The Republic of Yemen currently has four juvenile rehabilitation and welfare centres at Sana'a, Ta'izz, Hodeida and Ibb in which juveniles are treated in a manner consistent with the provisions of the Juvenile Welfare Act and classified by age group, type of offence committed and degree of responsibility in accordance with the definitions of the concepts of juvenile offenders and delinquents as set forth in the Act. The young inmates of these centres benefit from new opportunities for rehabilitation and reform through the following services:

(a) Technical and vocational training workshops, such as dressmaking workshops for women, tailoring workshops for men, carpentry, welding and turnery workshops, training in agriculture;

(b) Educational services such as Koran recitation classes; literacy classes; general education classes from the primary level to the end of the secondary level for juveniles wishing to continue their vocational education. This service meets a basic requirement for rehabilitation;

(c) Social and psychological services provided as soon as juveniles are placed in these institutions. The social counsellor conducts a preliminary socio-psychological study of the juvenile's social situation in order to determine the causes and extent of his delinquency so that the institution can formulate an appropriate remedial plan consistent with his situation and circumstances;

(d) Cultural activities. The juvenile inmates of these institutions take part in cultural activities such as lectures, preparation of magazines for wall display, familiarization with the institution's library, cultural competitions and religious counselling so that they can derive optimum benefit from their leisure time with a view to their rehabilitation and future reintegration in society and normal life;

(e) Sports activities. These institutions organize sports activities for their juvenile inmates, such as games, the formation of various sports teams and participation in sports competitions arranged within the institution or with other schools. These activities are regarded as the best way to reorient the physical and mental capacities of the inmates and use their leisure time in a beneficial manner. They also constitute a method of social rehabilitation;

(f) Social activities. These institutions endeavour to organize social activities by arranging trips to archaeological sites and some social institutions, as well as recreational excursions and other forms of social activity, in order to familiarize the juveniles with the society in which they are living and expand their horizons and their general knowledge. These activities also constitute a form of social and psychological rehabilitation;

(g) Health services. Each of these institutions has a medical unit in which juvenile inmates receive the requisite health care and benefit from rapid first-aid services in emergencies.

2. Difficulties and obstacles

110. The social rehabilitation and welfare centres and institutions for juveniles are facing the following difficulties and obstacles relating to the general strategies for their activities:

(a) The inadequacy of the policies and programmes for the management and operation of these institutions;

(b) The lack of pre-service and on-the-job training programmes for the technical staff working with juveniles in order to enable them to assume their responsibilities towards the target group of juvenile delinquents or potential delinquents by helping them to diagnose, assess and resolve problems in accordance with carefully studied plans and programmes;

(c) The inadequate feedback from the process of reform, character evaluation, psychological readaptation and social integration of juveniles;

(d) The shortage of rehabilitation and training programmes for the juvenile inmates benefiting from the services of these welfare and boarding institutions. Diversified training programmes constitute an important means of treatment and reform for juveniles;

(e) The low standard of the cultural, social, sports and artistic activity programmes which help to occupy the leisure time and orient the capacities of juveniles in a manner conducive to the rectification of their behaviour;

(f) The limited availability of equipment and explanatory educational aids at the rehabilitation and vocational training workshops which help to further the education and training of the juvenile inmates of these centres;

(g) The lack of independent budgets for the activities and programmes of these institutions in order to enable them to deal with the administrative and technical problems and educational requirements of the workshops. Poor maintenance of equipment and installations renders them constantly unable to meet not only contingent but also essential operational needs, bearing in mind the fact that these centres have a centralized budget;

(h) Failure of the centres to meet the diverse nutritional requirements of juveniles at the various stages of their physical and intellectual development, in which they need a healthy and balanced diet;

(i) The State's lack of the resources needed for the establishment of separate welfare and rehabilitation institutions for young women, as a result of which both delinquent and potentially delinquent young women are confined together in special sections of the prisons and allowed to mix with other female convicts by whom they are influenced, thereby aggravating their behavioural problems and making it more difficult to evaluate their situation and ensure their re-education and social integration, since these penal institutions do not offer programmes for these young women.

(...)

Table 10

Number of young offenders in detention in 1996

Governorate

Number

Remarks

Sana'a

Aden

Ta'izz

Ibb

Hodeida

Dhamar

Hadhramaut

Sa'dah

Hajja

Mahwit

Mahra

Al-Baida

Abyan

Shabwah

Al-Jawf

48

15

22

21

27

13

0

8

5

6

2

4

8

5

8

These figures indicate the number of young offenders detained in penal institutions throughout the Republic. However, a large proportion of juvenile offenders are not detained in these penal institutions, many of them being admitted to juvenile welfare and rehabilitation centres. Others are unable to benefit from these institutional services in view of the limited numbers of those centres.

Total

192

Source: Second periodic reports of States parties due in 1998: Yemen, UN Document CRC/C/70/Add.1, paras. 6, 24-27, 60-62, 71-86, 103-110, Table 10 (23 July 1998)