US embassy cable - 05SANAA1054

C O N F I D E N T I A L SECTION 01 OF 02 SANAA 001054 
 
SIPDIS 
 
E.O. 12958: DECL: 04/27/2015 
TAGS: PGOV, PHUM, PREL, KMPI, KMCA, YM, DEMOCRATIC REFORM 
SUBJECT: DRAFT PRESS LAW CONCERNS JOURNALISTS 
 
REF: SANAA 2863 
 
Classified By: DCM Nabeel Khoury for reasons 1.4 (b) and (d). 
 
1. (C) Summary. On April 25 the ROYG's draft of a proposed 
new press law was leaked to the Yemen press.  Journalists, 
citing more restrictions than in the old law and the lack of 
ROYG consultations with the Syndicate in drafting the law, 
are disappointed.  Minister of Information, Hussein al-Awadi, 
in a meeting with Ambassador April 25, promised a transparent 
process in which the concerns of journalists would be heeded 
before the law is made final.  End Summary. 
 
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Opposition Media Leaks Draft Law 
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2. (SBU) After months of speculation and rumor, a proposed 
draft of a much-anticipated new press law appeared on 
Alsahwa.net, opposition party Islah's internet news service. 
Yemen Journalist Syndicate (YJS) Deputy Chairman and close 
Embassy contact, Said Thabet, confirmed that he leaked the 
document, the same one currently circulating in the ROYG. 
Yemeni journalists and democracy advocates have been pushing 
the ROYG to follow through on President Saleh's 2004 pledge 
to amend the 1990 Press and Publications Law to prohibit the 
imprisonment of journalists.  Since the President's statement 
last June, the new arrests and prosecutions of several 
journalists under the 1990 Press and Publications Law have 
hastened the public call for the ROYG to develop an amended 
press law. 
 
3. (U) If enacted in its current form, the new law will 
indeed outlaw the imprisonment of journalists and editors for 
published opinion.  It will also give journalists the right 
to access government information, raise the minimum operating 
capital of newspapers to YR 700,000 (approximately USD 3684) 
and give the YJS authority over journalist's licensure, 
registration and training. The draft, authored by the 
Ministry of Information, is expected to be referred to the 
Cabinet in the next couple of weeks.  After its approval, the 
Cabinet will send the draft law to the Shura Council for 
final review, before introducing it to Parliament. 
 
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Journalists, YJS Not Happy 
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4. (U) Restrictions in the draft law will give authority to a 
special Media Court to close down newspapers and ban 
journalists from publishing for up to six months for 
publishing any material that, "counters the law, constitution 
and principles of the revolution," "might cause violence or 
incite differences among citizens," involves "security of the 
state and society" or goes against "morality." 
 
5. (C) Journalists have expressed overwhelming disdain for 
the draft. On April 19 several representatives of the YJS 
expressed to poloff their shock that the draft law was 
completed before the ROYG sought their consultation, as it 
had promised.  YJS Board member Ali Jaradi, correspondent for 
"Annas" newspaper and Director of Information and Media at 
the Ministry of Justice, reported that Prime Minister Ba 
Jammal recently told the YJS that the government would seek 
the syndicate's input on the draft before it goes to the 
Shura Council level.  By then, complained Jaradi, "it will be 
too late." 
 
6. (C) Sami Ghalib, Chief of the YJS Activities Committee and 
founder of the "Al-Nidaa" newspaper, reported that according 
to a Ministry of Information source, the draft law was 
"rushed through" by Minister of Information Awadi when YJS 
plans to counter the draft press law became known.  "They 
will make sure that there are no new newspapers established" 
warned Ghalib, "they know that we asked to participate in the 
drafting of this law." 
 
7. (C) Journalists also express frustration over a proposed 
increase in subject matter redlines.  "The new law has more 
restrictions when you read it in its entirety," observed 
Jaradi. Thabet also took exception to provisions that would 
allow the ROYG to regulate electronic media.  This, he 
predicted would be a precursor to what will happen to 
broadcast media.  (Note: State-owned Yemen Television is 
currently the only licensed television outlet in Yemen.  End 
Note).  "Instead of privatizing," said Thabet, "they will 
only restrict us more." 
 
8. (C) Momentum on the bill is moving quickly.  The YJS 
called an emergency meeting for April 28 to issue a 
proclamation and formulate a stand on the new law.  "We will 
most likely oppose," predicted Thabet.  Thabet also told 
poloff that Human Rights Minister Amat al-Alim al-Soswa 
requested a meeting with him on April 27 to ask for his 
initial impressions.  (Note: Post cannot confirm if the 
meeting in fact occurred. End Note).  Obaid al-Obaid, UNDP 
advisor to the MHR told poloff that the Ministry of Human 
Rights (MHR) will invite foreign embassies to discuss the 
proposed law.  He furthered that the purpose of the meeting 
was to give Soswa more perspective on the law as President 
Saleh has requested her feedback. 
 
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Minister of Information Promises Transparency 
--------------------------------------------- 
 
9. (C) Amid the controversy, Ambassador cautioned Information 
Minister Awadi on April 25 that, "the world will be watching 
very closely," how the new press law will be instituted, 
pressing him to consult thoroughly with journalists and civil 
society on the important law.  Awadi promised Ambassador that 
the process would be transparent and that civil society would 
be fully consulted. "We will keep discussing the law until a 
certain point of agreement is reached," Awadi assured. 
Pointing to his staff present in the room, Awadi said, "we 
are journalists, and no matter what our position is now, we 
will be under the same law one day."  When Ambassador warned 
that, as currently written, journalists would not accept all 
provisions of the law, the Minster replied, "then we will 
change it." 
 
10. (C) Awadi confirmed that the new law was designed to be 
"more open" at the behest of Saleh.  Contrary to Ghaleb's 
claim, Awadi contended that he had asked the YJS for input, 
but that it never responded.  Awadi attributed restrictions 
in the law to national security requirements and ROYG 
concerns about libelous reporting (which does indeed run 
rampant in the Yemeni press).  Showing little confidence in 
the public, Awadi commented, "the average Yemeni would resort 
to violence over the rule of law if the new law did not 
preemptively address these issues." 
 
11. (C) When Ambassador pressed Awadi on the need to license 
non-government broadcast media, Awadi skirted the issue, 
saying that the ROYG did intend to move forward on this, but 
that, "it has to be the right moment."  Otherwise, he warned, 
given Yemen's security situation, disgruntled tribal Sheikhs 
could buy their own stations to instigate rebellion. 
 
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Comment: 
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12. (C) Against the backdrop of inclusion of press issues in 
Yemen's MCA Threshold proposal and the Khaiwani fiasco 
(reftel), the ROYG is aware that its treatment of the press 
will continue to be closely watched by USG and international 
observers.  Until fully dissected, it is difficult to 
evaluate all the draft law's implications.  Yemeni 
journalists and civil society organizations, however, already 
clearly oppose the bill.  Before it becomes law, both the 
ROYG (which lacks a perspective on how citizens and press 
exercise the right to free speech in other countries), and 
the YJS and Civil Society (which possess neither the 
organizational maturity nor useful expertise to provide 
substantive input), will have to deliberate with each other. 
Post has already offered to bring Press law experts from the 
U.S. to help set the stage for a productive dialogue and will 
continue to work with both sides to bring about a just law 
that allows for improved freedom of speech in Yemen. End 
Comment. 
Krajeski