By Adom M. Cooper
Impunity Watch Reporter, Middle East

SANAA, Yemen–The Yemeni parliament has unanimously approved a law giving the country’s outgoing president, Ali Abdullah Saleh, “complete” immunity from prosecution. In return, Saleh has agreed to step down under a Gulf-brokered transition deal. The law, which was adopted on Saturday 21 January 2012, also gives him partial protection from legal action to his aides. In addition, it shields his aides from prosecution over “politically motivated” crimes committed while conducting official duties, except those considered “terrorist acts.”

The final text of the law displays the following words concerning Saleh’s lieutenants: “cannot face prosecution for actions that were politically motivated and carried out in the exercise of their duties but does not provide amnesty concerning acts of terrorism.”

Saleh’s immunity was the crucial piece of a hard-fought Gulf Arab deal that Saleh signed in November 2011. The US-based Human Rights Watch condemned the issuance of Saleh’s immunity as a “license to kill” and was also criticized by protesters and the UN. It would cover the 33-year period of Saleh’s reign and could not be canceled or appealed against.

The transitional government of national unity, which is led by the parliamentary opposition, had submitted eleventh-hour amendments on Friday 20 January 2012, sharply reducing the scope of the amnesty offered to Saleh’s lieutenants following a public outcry.

Yemeni Information Minister Ali al-Amrani said that the law was the best option for the country and that people can now look forward to change and development.

“The law was a pivotal point of debate, and now we are looking forward to February 21 when a president would lead the country. Many changes took place in the law to make it accepted by all factions, but in the end, the efforts were worth it.”

Rights groups claim that hundreds of protesters have lost their lives in demonstrations and protests since the uprisings began in February 2011. The violence has been highlighted by occurrences of street fighting between Saleh loyalists and opposition figures.

The announcement of Saleh’s immunity came one day after post-prayer protests in the southern city of Taiz broke out against the proposed immunity legislation. Taiz is widely considered the second most important city in the country after Sanaa. The United States and neighboring nation Saudi Arabia were supportive of the plan, fearing that further allowing the political upheaval would let al-Qaeda’s regional Yemen-based wing establish a stronghold along the oil-shipping routes through the Red Sea.

A suspected al-Qaeda linked-group has reportedly take over Radda, a small town in Yemen located about 170 km (105.6 miles) southeast of Sanaa. The group claimed that it is closing in on the Yemeni capital.

The Yemeni parliament has also adopted a law approving Saleh’s longtime deputy, Vice President Abdrabuh Mansar Hadi, as the consensus candidate in the election for his successor, which is due to be held on 21 February 2012. Many in the international community believe that violence in the south and east of the country between the army and al-Qaeda linked military might trigger a delay to the poll. But a senior official of Saleh’s General People’s Congress Party (GPC), Sultan al-Barakani, insisted that the vote will occur as scheduled.

The Gulf-brokered transition agreement foresees that Hadi will be the sole candidate but his nomination has been strongly criticized by the protesters due to his close link with Saleh.

As Saleh continues to fester attention, it is crucial to remember the thousands of civilians in Yemen that have been affected by his actions. Although the deal for immunity was hailed by opposition parties in Yemen, youth protesters and international rights groups called the immunity a violation of international law.

UN Human Rights Chief Navi Pillay agreed that the immunity could violate international law.

“I am pleased that immunity law has been modified but it does not go far enough. The scope of the law is still too broad. The UN cannot condone a broad amnesty that covers UN classified crimes against humanity, genocide, war crimes, gross violations of human rights, and sexual violence. We would have been more satisfied if these recognized categories of crimes were incorporated into the draft law.”

Human Rights Watch also offered a statement on the law.

“This law sends the disgraceful message that there is no consequence for killing those who express dissent. The Yemeni government should be investigating senior officials linked to serious crimes, not letting them get away with murder.”

Youth protesters continued marching on Saturday 21 January 2012, rejecting any immunity for Saleh or those serving under him over the last three decades. According to the Revolution Youth Organizing Committee, protests have taken place in 13 provinces across YemenThe largest protests took place in Sanaa, where many continued pushing for Saleh’s prosecution. Salma al-Nusari, a youth activist in Sanaa, shared these sentiments about the situation.

“He killed many, and now the opposition wants to forgive him. Blood that Saleh spilt will not be forgiven, and we will continue demanding his prosecution until our demands are met.”

 

 

For more information, please see: 

Ahram – Yemen MPs Approve Controversial Saleh Immunity Law -21 January 2012

Al-Jazeera – Yemen Parliament Approves Immunity Law – 21 January 2012

BBC – Yemen MPs Approve Saleh Immunity Deal – 21 January 2012

CNN – Yemeni President Saleh Granted Immunity – 21 January 2012

NYT – Yemen Legislators Approve Immunity For The President – 21 January 2012

Reuters – Yemen Grants Saleh Immunity To Try To End Crisis – 21 January 2012

 

By Adom M. Cooper
Impunity Watch Reporter, Middle East

CAIRO, Egypt–As the final stages of free and fair elections in Egypt came to a close, many faces and names reflect a substantive transition from the three decade rule of Hosni Mubarak. According to the Egyptian Election Commission, the Freedom and Justice Party (FJP), which represents Egypt’s Muslim Brotherhood, won 47 percent of all seats in the country’s election for the lower house of parliament.

The head of the Egyptian Election Commission, Abdel Moez Ibrahim, announced on Saturday 21 January 2012 that the FJP secured 235 seats in the new People’s Assembly. It also secured 127 seats on party lists, while its candidates won another 108 in the first-past-the-post constituency votes ever in Egypt. These votes were cast for individual candidates.

The Islamist Salafi al-Nour party won 24 percent of all seats available and the liberal al-Wafd won approximately seven percent of seats. The remaining 22 percent of seats were divided up amongst smaller political groups and parties.

The voter turnout for the polls was an impressive 54 percent.

Saad al-Katani, a leading Muslim Brotherhood official, shared these sentiments with a correspondent from Reuters concerning his intentions to have the assembly play a reconciliatory role.

“The priorities are meeting the demands of the revolution, including the rights of the injured and those killed in the uprising.”

The advent of the free and fair elections for the lower house of parliament is a landmark for the history of Egypt. They took place over three stages and two-thirds of the 498 seats up for election were reserved for those belonging to registered political parties, while the remaining one-third of seats were contested by individuals. Ten seats were reserved for appointees of the Supreme Council of the Armed Forces (SCAF), the military council that has been ruling Egypt since Mubarak’s ouster.

Al-Jazeera correspondent Sherine Tadros, reporting from Cairo, shared these sentiments about the outcome of the elections and what it means for the people of Egypt.

“This parliament, that has its opening session on Monday, has very limited powers. The most important thing it will be doing in the coming weeks and months, is setting up a 100-member body that will then write the constitution.”

There is much work to be done after the uprising in the country claimed many lives and left thousands of civilians feeling as if the military government would not substantively distance themselves from the practices of Mubarak’s regime. Elections for the upper house of parliament will take place in February, after which the constituent assembly will be selected.

But arguably the most important task will occur by June: the election of a new president. Hopeful candidates for the presidency can register to run by April 15.

Since the violence has effectively ended and new political leaders are ascending to important positions, the SCAF must deal with the thousands of people detained and imprisoned. The head of the SCAF, Field Marshal Hussein Tantawi, ordered the release of 1,959 people on Saturday 21 January 2012 being held in prisons after having faced military trials.

Al-Jazeera correspondent Sharine Tadros shared these words concerning the detainees.

“It is the biggest pardon since the ouster of then Presiden Hosni Mubarak. All of these people were incarcerated after the SCAF took over and they subjected about 12,000 people to military trials since then. Most of those who are incarcerated and are now being pardoned, are mainly in there for cases to do with rioting, attacking public buildings and so on. There has been a lot of talk about military trials. There’s a big movement here to try and get rid of these military trials, people saying that they violate human rights.”

One of the detainees, a blogger named Maikel Nabil, was convicted of insulting the military and sentenced to two years in jail was among those due to be released.

“Nabil was the first blogger to be incarcerated by military trial back in April and he was against the military and he spoke out against the military and wrote about the military and his case very much resonated across the country at that time because it fed into this idea that the country was just going back to its old ways. All of this coming just a few days before the first anniversary of the revolution, January 25. SCAF is very adamant to make this a day of celebration, whereas others are trying to make it a day of demonstration.”

With all of the deaths and violence that have befallen Egypt since the demonstrations and protests began, one can only hope that the presence of newly elected leaders will actually deliver the change that all of the civilians struggled for. The Arab Spring has fully sprung in Egypt and a new era of power transition has showed the world that peaceful demonstrations and protests can achieve the desired change. It is a great thing to see and hopefully, the Arab Spring can be viewed down the road as one of the Middle East’s pivotal movements for peaceful, democratic change.

 

 

For more information, please see: 

Ahram – Islamists Win 70% Of Egypt People’s Assembly Party List Seats – 21 January 2012

Al-Jazeera – Muslim Brotherhood Tops Egyptian Poll Result – 22 January 2012

BBC – Egypt’s Islamist Parties Win Elections To Parliament – 21 January 2012

The Guardian – Egypt Elections Results Show Firm Win for Islamists – 21 January 2012

NYT – Islamist Win 70% of Seats In The Egyptian Parliament – 21 January 2012

Reuters – Islamist Secure Top Spot In New Egypt Parliament – 21 January 2012