Yasmine Abdulhafeez – Women in Development and Peace
Law is the fabric that connects members of society. Its importance lies in guaranteeing individuals their rights, preserving their freedom, and protecting them from any injustice or aggression. Laws also establish principles for achieving justice and equality among members of society, regardless of gender, color, or social class.
The importance of applying laws lies in the development and prosperity of societies, ensuring citizens’ well-being and security, and fulfilling their demands in all aspects and sectors. This includes regulating relationships between individuals themselves and between individuals and those concerned within the country.
The Yemeni constitution enacted many laws that regulate individual life in all its aspects, to achieve justice and equality among all members of society, preserve their rights and dignity, and allow them to effectively participate in all the country’s sectors. It also grants them the right to have a role in decision-making and to reach leadership positions, including women.
The Role of the General Administration of Legal Affairs
Laws and regulations governing higher education in any country are an essential pillar for developing and updating this sector. In the case of Yemen, the efforts made by the Ministry of Higher Education to issue these laws are a significant step towards developing the educational process and scientific research.
The Legal Affairs Department at the Ministry of Higher Education and Scientific Research implements several legal regulations, including preparing and reviewing draft laws, regulations, and decisions related to the Ministry’s regulations and functions, discussing these with experts inside and outside the ministry, following up on their issuance and publication, handling legal matters with the Ministry of Legal Affairs and other state agencies, and studying draft laws, decisions, and regulations for ministries, institutions, and government bodies related to the ministry’s activities.
The department also prepares draft contracts and agreements that the ministry enters into with other entities, in coordination with relevant bodies inside and outside the ministry, as well as prepares draft ministerial decisions, and follows up on their issuance, numbering, and archiving. It also reviews systems, decisions, and regulations in place at the ministry and submits appropriate proposals to develop them in coordination with relevant bodies within the ministry. In addition, it promotes legal awareness within the ministry’s staff and its units concerning the ministry’s work. The department also examines complaints and appeals related to various legal issues referred to it by the ministry’s leadership, among other duties.
Provisions of the Executive Regulations of the Universities Law
The Executive Regulations of the Yemeni Universities Law No. 32 of 2007, in its five chapters, reviewed many regulatory legal regulations related to organizing the educational process and practical research. Chapter Two covered the formations and terms of reference of the councils, which were outlined in its nine chapters. These included: defining the role of the Supreme Council of Universities, the University Council, the Academic Council, the Postgraduate Studies and Scientific Research Council, the Student Affairs Council, the Libraries, Documentation, Publishing, and Translation Affairs Council, the College, Institute, or Center Council, the Scientific Department Council and the Common Provisions for Councils.
Law No. 13 of 2005 regarding Private Universities, Higher Institutes, and Colleges, which includes six chapters, states in Chapter Six, General and Transitional Provisions, Article 50: “The university, higher institute, or college may employ faculty members with methodological scientific production and who are known for their engagement in science, fatwas, and Sharia teaching, who do not hold a doctorate, provided that they are subject to evaluation by a committee formed by the Ministry from specialists from government and private universities.” This applies to both men and women.
Chapter Three of the Second Part, Article 18, outlines the matters considered by the Academic Council, which include reviewing and examining the documents of applicants for faculty positions, assessing their validity and adequacy for appointment at the university, and submitting the findings to the University Council. Regularizing the status of faculty members, as well as reporting on matters related to scientific sabbaticals, promotions, secondments, leaves, and other issues concerning academic performance. Deciding on the appointment of assistant teaching staff, regularizing their status, and matters related to the performance of their duties, and the application of the provisions of the law.
In Chapter Four, concerning the tasks of the Postgraduate Studies and Scientific Research Council, Article 20 states that the council works to organize postgraduate studies and scientific research, encourage and provide financial support and other requirements, and propose general policies for postgraduate studies and scientific research in various fields. It also determines the postgraduate studies system, rules for accepting students, and other tasks.
Applying the Law to Empower Women in Higher Education
Lawyer Omar Al-Himyari says, “The laws and regulations governing higher education in Yemen are not devoid of legal texts that protect the principle of equality and equal opportunities between the sexes in all fields and disciplines, including scholarships and grants, appointments to academic and administrative leadership positions, academic programs, and other opportunities in all fields without exception.”
He believes that although Yemeni laws mention explicit texts regarding equality in educational opportunities between men and women, especially in the Yemeni law in Article 41, which states that “all citizens are equal in public rights and duties”, and in Article 24, which states that “the country guarantees equal opportunities for all citizens politically, economically, socially, and culturally, and issues laws to achieve that”, the current reality points to many challenges that hinder the actual implementation of many laws due to social, cultural, and economic factors.
Al-Himyari mentioned some of the challenges that women may face in pursuing their educational journey in the academic field, including social traditions and customs in some areas: Women face opposition from their families or communities when trying to obtain higher education. Informal discrimination: This refers to the absence of discriminatory legal texts. However, women face discrimination in admission, appointment, or promotion within universities. The university environment: This may not be encouraging for women due to a lack of support and the unavailability of services dedicated to women. There may also be discriminatory biases within academic jobs.
Here, he explains that it is important to consider the practical application of Yemeni laws and texts related to women’s rights in general, and their status in higher education in particular. Laws may be fair and just, but the process of overseeing their implementation is ineffective or unrealistic, which constitutes a social and cultural impact that creates a gap in opportunities between men and women.
Applying and Updating Laws in Yemen
Regarding this matter, lawyer Khaled Al-Kamal says, “In every country in the world, there is a special committee to review, amend, and oversee the implementation of laws. This committee is always an independent body responsible for issuing recommendations and proposals that are implemented without making any changes to or restructuring the laws.”
He adds, “Unfortunately, in Yemen, the legislative authority, which is limited to the House of Representatives or the Shura Council, is currently inactive. We notice that some laws need radical amendments or changes, considering them unfair to women in particular, especially in labor law, family law, and other laws.”
Al-Kamal stressed in his speech that those who oversee the drafting and amendment of laws have different and varied interests. Therefore, their existence in their current form and content serves their interests. Therefore, there are no promising signs of changing or amending many of them.
He believes that the division of the country for several years, in addition to the destruction witnessed by many of the country’s institutions, including legal institutions, has contributed to the lack of change in the implementation process of some of the country’s laws or making amendments to them according to reality.
Many reports indicate that there are significant gaps in gender equality in higher education and postgraduate studies, in addition to the lack of opportunities for women in the academic field. To achieve the desired equality, concerted efforts are required from the country and civil society by enacting new laws, amending existing laws, and changing societal perceptions of women.