zakat law
(Houthi) group must immediately rescind the newly introduced and discriminatory implementing regulations to the Zakat Law. The new regulations impose a “khumus” or “one-fifth” levy in one of the chapters, stating the revenues are to be distributed to those belonging to “Bani Hashem” and their poor.
[fusion_builder_container hundred_percent="no" equal_height_columns="no" menu_anchor="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="center center" background_repeat="no-repeat" fade="no" background_parallax="none" enable_mobile="no" parallax_speed="0.3" video_mp4="" video_webm="" video_ogv="" video_url="" video_aspect_ratio="16:9" video_loop="yes" video_mute="yes" video_preview_image="" border_size="" border_color="" border_style="solid" margin_top="" margin_bottom="" padding_top="" padding_right="" padding_bottom="" padding_left=""][fusion_builder_row][fusion_builder_column type="1_1" layout="1_1" spacing="" center_content="no" hover_type="none" link="" min_height="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id="" background_color="" background_image="" background_position="left top" background_repeat="no-repeat" border_size="0" border_color="" border_style="solid" border_position="all" padding_top="" padding_right="" padding_bottom="" padding_left="" margin_top="" margin_bottom="" animation_type="" animation_direction="left" animation_speed="0.3" animation_offset="" last="no"][fusion_text columns="" column_min_width="" column_spacing="" rule_style="default" rule_size="" rule_color="" hide_on_mobile="small-visibility,medium-visibility,large-visibility" class="" id=""]Regulations Institutionalize Discrimination, Sow Further Divisions Amongst Yemenis
Sana’a - The Ansar Allah (Houthi) group must immediately rescind the newly introduced and discriminatory implementing regulations to the Zakat Law, Mwatana for Human Rights said. The new regulations impose a “khumus” or “one-fifth” levy in one of the chapters, stating the revenues are to be distributed to those belonging to “Bani Hashem” and their poor. The implementing regulations, which aim to institutionalize resource distribution based on descent, are in flagrant violation of international treaties and conventions, the Yemeni Constitution and fundamental human rights principles and justice values.On April 29, 2020, Mahdi Al Mashat, President of Ansar Allah’s Supreme Political Council, which controls the capital, Sana’a, and other Yemeni provinces, issued Decree No. 48 of 2020. The decree promulgated implementing regulations to the Yemeni Zakat Law No. 2 of 1999, passed by the Yemeni parliament 21 years before the current conflict. Articles 47 and 48 of the new implementing regulations impose a levy of 20% (known as “khumus”) on natural resources and minerals. According to the regulations, this levy is applicable to items such as minerals, gas, gold, silver, copper, lime, water, stones, salt, sand, marble, fish, pearl, amber and honey.Article 48 of the new regulations prescribes how these revenues are to be distributed. According to the regulations, the collected “khumus” revenues are meant to be distributed according to six categories. Four of the six categories explicitly use the term “Bani Hashem,” referring to a group of Yemenis that link their descent to the Prophet Mohammed, and of which the leader of Ansar Allah is a member. According to the first two categories listed in the regulations, Khumus revenues must be used for the public benefit of Muslims, but including in this definition military spending on “soldiers” and “weaponry,” and be allocated to the Wali Al-Amr, or guardian. Next, the regulations state that funds should be distributed to “Bani Hashem” and their poor. Then, in the final three categories, the regulations stipulate that Khumus funds must be spent on orphans, the poor and destitute travelers, referring on each occasion to those from Bani Hashem.“With these discriminatory articles, the implementing regulations to the Zakat law segregate Yemenis on the basis of descent,” said Radhya Al Mutawakel, Chairperson of Mwatana for Human Rights. “These regulations, passed during exceptional circumstances when the natural legislative authority is absent due to the conflict, mark a dangerous precedent perpetuating discrimination and further tearing the already war-torn Yemeni social fabric.”
“The recent discriminatory Ansar Allah decree that aims at extracting more funds from Yemenis, and allocating these funds to a certain group on the basis of their descent, is rejected and condemned, and must be rescinded immediately. This decree comes at a time when the economic and humanitarian situation in the country is deteriorating, and as hundreds of thousands of civil servants are not being paid. This decree will have dangerous ramifications on public "peace
With the coronavirus pandemic (COVID-19) spreading, millions on the brink of starvation, and the conflict showing no signs of abating, warring parties, who have caused the worst humanitarian crisis in the world, along with the international community, those with influence in Yemen and humanitarian organizations, must work together to address the multiple and multifaceted crises facing the country, Mwatana for Human Rights said.During nearly six years of a conflict that has caused increasing fragmentation and division, Mwatana has documented widespread human rights violations and abuses in all parts of Yemen carried out by all parties to the conflict, including the Ansar Allah (Houthi) group, the UAE-backed Southern Transitional Council, the internationally-recognized government of Yemen, groups affiliated with Al Islah Party, and the Saudi/UAE-led coalition. Warring parties have targeted and harassed perceived opponents. Mwatana has documented hundreds of cases of arbitrary detention, enforced disappearance and abusive treatment, including cases where warring parties abusively detained individuals on the basis of their identity, for example, on the basis of their religious beliefs, such as members of the Bahai community, on the basis of their political backgrounds, such as members of Al Islah Party, and on the basis of their descent, such as those whose surnames indicate they belong to Hashemite families.“The recent discriminatory Ansar Allah decree that aims at extracting more funds from Yemenis, and allocating these funds to a certain group on the basis of their descent, is rejected and condemned, and must be rescinded immediately. This decree comes at a time when the economic and humanitarian situation in the country is deteriorating, and as hundreds of thousands of civil servants are not being paid. This decree will have dangerous ramifications on public peace,” Al Mutawakel added.Under international human rights law and international humanitarian law, each person is entitled to their fundamental rights and guarantees, without discrimination. Non-discrimination is a bedrock principle of international human rights law, included in major human rights treaties and the United Nations charter. De-facto authorities controlling large portions of territory and exercising government-like functions over the population, like Ansar Allah (Houthis), have an obligation to respect international human rights law. International humanitarian law is binding on all warring parties in Yemen. According to Common Article 3 to the Geneva Conventions, which applies to the non-international armed conflict in Yemen, persons not taking an active part in hostilities, must in all circumstances “be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria.” In addition to violating international treaties and conventions, to which Article 6 of the Yemeni Constitution requires adherence, the newly introduced regulations to the Zakat law also violate fundamental guarantees enshrined in the Yemeni Constitution. Article 41 of the Constitution states, “All citizens are equal in public rights and duties.”[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
