Hanan Hussein – Women in Development and Peace
Yemeni women, like women around the world, face many challenges in achieving full equality, particularly in the public sector. The conflict in Yemen for several years has further complicated matters, hindering their access to full rights. This includes the lack of gender equality in various fields and positions, including the public sector.
A History of Struggle for Yemeni Women
Yemeni women have always played a significant role in various aspects of life, including working in government institutions. Looking back in history, we find numerous examples of Yemeni women who have excelled in different fields and held important leadership positions.
Amat Al-Alim Al-Sawsua was appointed as the first female ambassador in 1991. In 2001, Wahiba Fari’ became the first woman to hold the position of Minister of the country for Human Rights, followed by another woman in the same position in 2002.
In 1997, Amat Al-Alim Al-Soswa became the first woman to hold a government position as the Deputy Minister of Information. In 1998, the then Prime Minister of Yemen, Abdulkareem Al-Iryani, announced that every ministry should appoint a woman to the position of General Manager.
The government, represented by the President and Prime Minister at the time, supported women and their increased presence in the public sector. They made many media statements advocating for women, their right to participate in development, and the overall improvement of women’s status in society.
Before unification, almost half of the judges in South Yemen were women. Since the unification of North and South Yemen, conservative customs and traditions have significantly impacted the reassignment of female judges to administrative and clerical roles. Currently, there are a limited number of female judges in Aden and Sana’a, and their scope of work remains restricted and regulated.
The Most Important Legal Provisions Within the Constitution
Article 42 of Labor Law No. 5 of 1995 states that “women shall be equal to men in all terms of employment, rights, duties, and relationships, without any discrimination. Equality between women and men shall be achieved in employment, promotion, wages, training, qualification, and social security. However, any requirements specific to the nature of the work or profession shall not be considered discriminatory.”
Yemeni law guarantees all citizens the right to participate in the country’s economic life. However, many aspects of Yemeni legislation still do not adhere to agreements and legal provisions in a fair manner.
Lawyer Lamis Al-Hamdi speaks about the most important legal provisions in the Yemeni constitution that guarantee the social and cultural foundations that ensure work for every citizen, saying: “Article 29 of the Yemeni Constitution states that ‘work is a right, honor, and a necessity for the development of society, and every citizen has the right to practice the work he chooses for himself within the limits of the law. No work may be imposed on citizens by force except by law, for the performance of public service, and in exchange for fair remuneration. The law regulates labor unions and professional associations, and the relationship between workers and employers.'”
She continues, “Article 58 grants citizens throughout the Republic – without prejudice to the provisions of the Constitution – the right to organize themselves politically, professionally, and in trade unions. It grants them the right to form scientific, cultural, social, and national organizations that serve the objectives of the Constitution. The country guarantees this right and takes all necessary measures to enable citizens to exercise it. It guarantees all freedoms to political, trade union, cultural, scientific, and social institutions and organizations.”
The Law and Women’s Justice
In 1984, on May 30th, Yemen ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), alongside many other countries. This includes the Decent Work and Safe Work Convention, ratified by Yemen in 2010. This convention obligates the state to provide a safe and fair work environment for all, without discrimination.
Several international decisions have been imposed to ensure women’s rights in all areas, across both public and private sectors. This includes international covenants and provisions established by the Yemeni constitution and implemented accordingly.
In this context, Lamis Al-Hamdi discusses prominent international laws and decisions. She says, “International covenants have clarified women’s right to work based on complete equality with men, through Article 23 of the Universal Declaration of Human Rights, Articles 6 and 10 of the International Covenant on Economic, Social and Cultural Rights, and Article 11 of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).”
She adds, “All parties are obligated to take all appropriate measures to eliminate discrimination against women in the field of work, to ensure that women have equal rights with men. It also establishes measures to prevent discrimination against women due to marriage or motherhood, ensuring their actual right to work.”
She continues, “The International Labor Organization (ILO) conventions focus on the rights of working women and their equality with men in wages for valuable work, as well as opportunities and treatment for workers of both genders who have family responsibilities.”
“Since its founding in 1965, the Arab Labor Organization has issued conventions and recommendations regarding the minimum rights that Arab countries must provide to workers. The first convention regarding working women was Convention No. 5 of 1976, which stipulated the equality of women and men in all labor legislation across all sectors, equality in terms of working conditions and wages, and the rights of working women during pregnancy, childbirth, and child-rearing.” Al-Hamdi also highlighted the importance of international decisions taken to grant women the right to government work.
Duties and Leaves
While official holidays are generally granted equally to both men and women, certain situations necessitate specific leave provisions for women. These include maternity leave and other leaves related to their unique needs.
Lamis Al-Hamdi highlights a glaring inequality in the Yemeni legal system. She states that the law has not provided women with fair duties, but rather granted them leaves as a privilege. Al-Hamdi points out that the Yemeni Labor Law gives women an exceptional leave in the event of their husband’s death.
Article 87 of the law states that a working woman is entitled to a paid leave of 40 days following her husband’s death, starting from the date of death. Additionally, she has the option to take an unpaid leave for a maximum of 90 days to complete the mourning period, if desired.
Lamis emphasizes that the law is really unfair to women; because ideally working women should receive full pay for the entire statutory period of mourning. In addition, the labor law specifies maternity leave for 60 days with full pay and also provides for fewer working hours for employed women, whether they are pregnant or nursing.
Challenges and Solutions
Experts and researchers have identified key challenges facing women in accessing their legal rights in Yemen. A prominent issue is the inconsistent implementation of laws and regulations, often leaving women vulnerable. Working women in the government sector face additional hurdles, including discriminatory practices in certain jobs compared to their male counterparts. This leads to a significant wage gap between men and women in some professions.
Lamis Al-Hamdi advocates for a series of reforms to protect women’s legal and social rights, ensuring their inclusion in the public sector. These include: revising outdated laws to align with current social and economic realities, creating opportunities for women to take on leadership roles across various fields and specializations, working collectively to combat the marginalization of women through awareness campaigns and emphasizing their vital role in society.
Other researchers highlight the need for a comprehensive approach to empowering women in the public sector by promoting awareness of laws and regulations that protect working women’s rights. Also, reviewing laws by ensuring existing laws align with international standards for women’s rights and strictly enforcing legal provisions to safeguard women’s rights. In addition to supporting programs that empower women to thrive in their careers, it’s crucial to tackle the specific obstacles faced by working women in the government sector.
The article concludes by emphasizing the vital role of protecting women’s rights across all aspects of life, particularly in the public sector. This is crucial for achieving comprehensive and sustainable development in Yemen. Yemeni legislation, including the constitution and existing laws, is designed to protect women’s rights, but the article raises questions about whether women will achieve true equality and justice in all areas in the future.