01 February 2005

SANAA: Yemeni journalists' push for press freedom suffered a set-back in 2004 with an increase in arrests and court sentences issued. Reporters Without Borders' annual worldwide press freedom index put the impoverished country in 136th place in 2004, a drop of 33 places over the last two years and now below Afghanistan (97) and Somalia (130).

The local Center for Training and Protection of Journalists' Freedom (CTPJF) recorded over 120 violations against reporters last year. CTPJF also reported an 80 percent increase in court verdicts issued against journalists.

"There were 85 violations against the press in 2003 ... 2004 was the worst year of the government taking steps against journalists since free press started in 1990," said CTPJF executive director Mohammed al-Udaini. "Not only did the violations increase, but they became more severe as well."

In September, Abdel-Karim al-Khaiwani, editor in chief of the opposition newspaper Al-Shoura, was arrested and sentenced to a year in prison, and the newspaper was suspended for six months. He was charged with insulting the president and publishing false news. Khaiwani was denied an attorney and the court has not yet allowed an appeal in his case, which has brought condemnation from international organizations and local media alike.

The weekly Al-Hurriya was banned for a year last December and its editor and one of its reporters handed two-year prison sentences. They were accused of being critical of Arab leaders, including Yemeni president Ali Abdullah Saleh.

The Yemen Journalists' Syndicate (YJS) estimates between 20 and 30 journalists received sentences varying from fines to jail terms last year, and seven were arrested and interrogated before being released. According to CTPJF, it was the first time journalists were given jail terms without suspension.

Interpretations for the reason behind the crackdown on the media vary. Some believe that following the U.S.-backed initiative for reforms in the Middle East and President Saleh's promise last June to eliminate prison terms for press offences, many reporters became more openly critical of domestic issues. The government was criticized for the way it handled the uprising by radical militant cleric Hussein al-Houthi in the northern province of Saada, a conflict that lasted three months and resulted in the death of Houthi in September and of hundreds of others. The government considered the situation as a state of emergency.

Furthermore, the media scrutinized the government's proposed economic reforms, tackling issues of growing corruption and nepotism. Yemen was ranked by Transparency International as one of the most corrupt countries in the Arab World, along with Sudan and Iraq, falling from 88th position in 2003 to 112th in 2004.

Two journalists and three editors of different newspapers received three- to six-month suspended prison sentences in December for criticizing the Saudi ruling family and Saudi Arabia's policies toward Yemen.

Some believe there is a thin line between constructive criticism and criticism for its own sake as Yemen takes steps toward further democratization.

"[Freedom] goes both ways," said Khaled al-Akwaa, professor of public policy at Sanaa University. "There should be a balance between freedom of speech and a sense of responsibility. It would be a disaster if the government cracks down on opposition parties or for the press to bash the government without offering alternative solutions."

Journalists and experts view the press law to be broad and therefore prone to being abused. Fearing for their safety, journalists have become more cautious and less critical. Many have avoided sensitive issues altogether, and newspapers have resorted to censoring themselves and have become more selective with articles.

"The red line has become thicker, and it is slowly trying to strangle those on the margin of freedom," said Walid al-Saqqaf, editor in chief of the English language newspaper Yemen Times. "In the past there was some constructive criticism with few lawsuits."

Yet the biggest concern remains the fact that there can be no real democracy without a free media. The reporters are seeking a change to the current press law.

"It's very important to change the law because it's wide and un-democratic," said Bukari.

"As it now stands, all the journalists are vulnerable to being charged and sent to jail. The law doesn't give them the opportunity to be critical and to be involved in changes that lead to real democracy. The press is the first step to democracy."