The project supported by the Global Programme focuses on the interventions in prisons aimed to improve conditions for inmates, address their basic needs, provide legal, psychosocial and reintegration support. UNDP and UNICEF in Sana’a formed a working group to conduct a multi-disciplinary assessment on the needs of women detainees and accompanied children in the Sana’a Central Prison. Led by national experts, the assessment will cover access to justice and protection, health and nutrition, as well as education and learning.
Consultations with the prison authority and women detainees at the Sana’a Central Prison revealed the need to improve three key infrastructures of the facility: a) the UN Service Building will be constructed as a space to provide legal, health, psychosocial and/or educational services; b) an elevated water tank is being constructed to provide 24-hour water supply to the women’s section; c)additional five bathrooms will be built within the women’s section.
Within UNDP’s larger rule of law programming in Yemen, inclusivity was ensured within the Community Committees that fulfil the functions of informal justice mechanisms in Sana’a. In Aden, UNDP enhanced gender justice capacity, empowered women rule of law leaders and provided income opportunities to gender-based violence survivors and former detainees.
Yemen is the poorest country in the Arab region, with 80 percent of its population in need of humanitarian assistance. 1 Ongoing conflict since 2015 decapacitated rule of law institutions and paralyzed justice service provision. In parallel with the decrease in formal justice supply, the conflict caused a significant increase in community justice needs.
While early 2023 witnessed a growing hope for a peace deal in Yemen, the crisis in Gaza and the attempts of the De Facto Authority (DFA) to position itself as a regional player has yet again cast shadow over Yemen’s political future. Nevertheless, despite diplomatic concerns and political sensitivities, it is more important than ever to remain engaged in Sana’a. International aid heavily skewed towards humanitarian assistance in Yemen has mitigated immediate life-saving needs, but has yet to address structural fragilities through development interventions. The “stay and deliver” approach will also pave the way for recovery and reconstruction in the eventual scenario of peace.
At this critical juncture, the support from UNDP’s Global Programme for Strengthening the Rule of Law, Human Rights, Justice and Security for Sustainable Peace and Development (the Global Programme) has offered a meaningful bridging facility to mitigate strategic risks and has helped UNDP in Yemen to demonstrate its commitment to political impartiality and long-term human development.
SUPPORTING WOMEN DETAINEES AND ACCOMPANIED CHILDREN IN SANA’A CENTRAL PRISON
The project supported by the Global Programme focused on improving conditions for inmates, address their basic needs, provide legal, psychosocial and reintegration support. Women detainees were recognized as most vulnerable, exposed to the risk of in-prison sexual violence and post-prison ostracization for life, including rejection by their own families. Accompanied children have no access to nutrition and education, risking future radicalization. 2
Through UNDP’s partnership with UNICEF in Sana’a, the two agencies formed a working group to jointly conduct a multi-disciplinary assessment on the needs of women detainees and accompanied children in the Sana’a Central Prison. Led by national experts, the assessment will cover access to justice and protection, health and nutrition, as well as education and learning. From a more strategic perspective, UNDP-UNICEF partnership exemplifies an effort to strengthen the Humanitarian-Development Nexus through a continuum of support approach. Working towards its successful completion, the project is expected to generate lessons learned on how to balance short-term needs and long-term resilience.
Consultations with the prison authority and women detainees at the Sana’a Central Prison revealed the need to improve key infrastructure of the facility. First, UNDP will coordinate the construction of the UN Service Building to provide legal, health, psychosocial and/or educational services in partnership with other UN agencies. Second, an elevated water tank is being constructed to provide 24-hour water supply to the women’s section. As of 2023, water was available once a day during daytime. Third, additional five bathrooms will be built within the women’s section. Currently there are seven bathrooms allocated for 270 women detainees and 40 accompanied children.
Given that beneficiaries are deprived of liberty, the project is committed more to protection than empowerment. At the same time, the project is embedded within a broader rule of law programming in Yemen, where a longer-term intervention can contribute to the empowerment of women released from prisons through community-based support led by women leaders.
The larger rule of law portfolio in Yemen also helps contextualizing why it is important to address the immediate needs of women detainees and their accompanied children. Many women detainees in Sana’a Central Prison are known to be the victims of harmful informal justice led by patriarchal community leaders who are often biased and/unqualified. Accusation of “Zina” (adultery) is frequently used by male disputants against disagreeing women, who can hardly defend themselves in the male-dominant environment. Formal justice mechanisms are largely unavailable for women in Yemen due to their high cost. 3 As a result, most women in Yemen lack access to justice due unaccountable informal justice and inaccessible formal justice mechanisms. Therefore, any attempt to improve gender justice in Yemen must take a comprehensive approach across informal and formal justice systems.
A detainee in Mansoura Central Correctional Facility.
Photo: UNDP Sawasya
BROADER RULE OF LAW RESULTS IN YEMEN
The results achieved through the larger UNDP’s rule of law portfolio in Yemen demonstrate synergies between the project funded by the Global Programme and the overall rule of law programming.
UNDP enhanced gender justice capacity in Aden by training 115 women rule of law professionals whose human rights knowledge increased by over 40 percent. In addition, UNDP provided 600 uniforms for women police in Aden under the Family Protection Directorate at the Ministry of Interior in Aden. As an overall result of continuous advocacy and support for gender equality and women’s empowerment in Yemen, three women police officers were promoted to managerial posts and eight women judges were appointed to the Supreme Court in Aden.
To provide income opportunities for women, UNDP supported 40 survivors of gender-based violence and former detainees in Aden. Women benefitted from vocational and project management trainings, received equipment and other type of assistance tailored to their specific needs.
UNDP promoted human rights-based prison management through the training of 80 prison officers (including five women) the Central Prison in Sana’a.
Lessons learned and good practices
A Community Charter was developed in Sana’a to promote inclusion within the community-based justice platforms and strengthen accountability at the local level. The development of this guidance document itself was inclusive, as UNDP engaged representatives of marginalized groups, such as internally displaced persons, Muhamasheen ethnic group, persons with disabilities. As a result, the Charter incorporated provisions for diversity (mandatory quotas) and accountability. Almost a quarter of 400 community leaders selected for Community Committees 4 belonged to marginalized groups, a significant achievement amid discriminatory narratives prevalent in Sana’a.
UNDP facilitated partnership among community justice workers, Bar Association and social workers which was formalized through the Legal Empowerment standard operating procedures (SOPs) approved under the leadership of the Ministry of Justice in Aden.
While developing the Community Charter and the Legal Empowerment SOPs, UNDP worked with community-based and local authorities. Working with sub-national governance presents safer local spaces de-risked from national-level conflicts. Second, it partially contributes to state-building in Yemen, as local service performance is the ultimate parameter for state legitimacy.
Looking forward
The project funded by the Global Programme will run until 31 August 2024, and its catalytic impact will be incorporated into a broader rule of law programming in Yemen.
World Bank (2022) Country Engagement Note for the Republic of Yemen for the Period FY22-FY23.
The Central Prison in Sana’a holds the largest number of detainees in Yemen: 3,000 men, 270 women, and 40 accompanied children. Women and children make up almost 10% of prison population. This is a disproportionally large number, given the masculinized nature of the criminal justice in Yemen (e.g. the number of women in the police).
Hiring a private lawyer for a criminal case usually requires 2,000 US$ minimum. For comparison, a working-level government employee earns about 200 US$ per month.
Community Committees consist of volunteers from certain localities who facilitate communication between community members and local authorities, including justice institutions. The members of the Committees themselves frequently serve as informal justice providers through restorative justice processes, such as consent-based mediation.