Section 4: Movement

During the conflict, the warring parties have restricted freedom of movement in Yemen, both as a form of imposing control and authority and, in some cases, as retaliation. Movement restrictions have been discriminatory, based on regional backgrounds, political affiliations, and even the surnames of civilians. In other cases, restrictions on movement have been imposed to financially exploit people, forcing them to pay bribes, sometimes large amounts, in a context where millions are already struggling to feed themselves and their families.

In 2018, Mwatana has documented 10 incidents on civilian’s freedom of movement, including restrictions on movement inside the country imposed by the armed group Ansar Allah (Houthis), forces and groups loyal to the Hadi government and the Saudi/UAE-led Coalition, and armed groups affiliated with the Southern Transitional Council, as well as movement outside the country imposed by the Coalition on Yemen’s various airports and border crossings. People’s ability to move freely inside and outside Yemen has decreased dramatically throughout the conflict, with an enormous impact on civilians and civilian life.

Legal Framework

International human rights law, which protects the right to freedom of movement, continues to apply during armed conflict. The Universal Declaration of Human Rights states that, “Everyone has the right to freedom of movement and residence within the borders of each state.”[1] The International Covenant on Civil and Political Rights, which Yemen has ratified, states that, “Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.”[2] While the Covenant allows some restrictions on certain rights during conflict, any restrictions must be exceptional, temporary in nature and limited “to the extent strictly required by the exigencies of the situation.” Certain fundamental rights, including the rights to life, to a fair trial and to be free from torture, mistreatment and arbitrary deprivation of liberty, must be respected at all times, including during conflict. Non-state actors, including armed groups, that exercise government like functions and control a territory, as Ansar Allah does in parts of Yemen, are obliged to respect human rights norms when their conduct affects the human rights of the individuals under their control.

Taizz

The city of Taizz (south of the capital, Sana’a) has been under siege by Ansar Allah (Houthis) since March 2015. Residents of this city have suffered, catastrophically, due to the siege, facing a lack of food and drinking water, severe shortages in medical supplies and medicine, and collapsing services, including education and health.[3] Their suffering has been exacerbated by the difficulty of moving into and out of the city due to the security checkpoints and inspection barriers imposed by Ansar Allah (Houthis). The checkpoints on the eastern boundaries of the city have particularly restricted people’s ability to move freely. For a Taizz resident to get to the city from Al Hawban now takes more than 8 hours—Before Ansar Allah (Houthis) closed the eastern entrances to the city, it took no more than half an hour. Forces loyal to President Hadi have also imposed arbitrary restrictions on movement and exploited civilians at checkpoints they control in other areas of Taizz.

Case Studies

  • In the afternoon of Thursday, 16 August 2018, “Hussain” (30 years old, pseudonym) was stopped in his vehicle at a security checkpoint manned by Ansar Allah (Houthis) in Al Aqroudh area in Saber Al Mawadim district, Taizz Governorate.

“Hussain” was working, transporting travelers from Al Hawban and Al Dimnah areas to the city of Taizz. The checkpoint supervisor ordered the vehicle (a 1984 Toyota Land Cruiser) be impounded and Hussain stopped, claiming Hussain ignored the checkpoint and that he “needs to be taught some manners.” Hussain remained at the checkpoint for six hours with his vehicle. He was detained, threatened and insulted by the supervisor who was armed and dressed in civilian garb.

Hussein said: “I was detained for six hours in the security checkpoint manned by the Houthis. This was a few days before Eid, and this is one of the most important seasons for us, as drivers who transport passengers in these areas. I was driving four passengers from Khidair to Taizz. Around 20 meters before I arrived at the checkpoint in Al Aqroudh, at 11:45 am, I was stopped by a soldier who was wearing the uniform of the general security forces. He asked me routine questions, like where I was going, what I had in the vehicle, who the passengers were, and their identifying documents. I gave him the ID cards, and he looked through them, then he gave them back to me and smiled. He then asked for his payment. Some of the soldiers in the checkpoints take money, between 200 and 500 Yemeni rials, so I gave him money. He then allowed me to cross. Meters after I went through the checkpoint, I heard someone yelling at me and cursing me. I looked to see that they were aiming their rifles at my car, and I heard someone say that they will shoot me if I do not stop immediately.”

Hussein sighed and went on speaking: “I stopped the car and got off, and I saw a man who I knew was the supervisor of the checkpoint. He was very angry at me, and he was aiming his rifle at me. He was cursing and threatening me (Do you think you can just drive through the checkpoint you idiot? You animal! I will show you.) I tried to explain to him what had happened, but he would not let me speak, and he told me to keep quiet. He stopped my car on the side of the road, and he told me that he was going to detain me and my vehicle. He said that he would never allow me to go into the city of Taizz. The passengers that were with me got off the car, found another car, and left, and I remained there, detained, until the sun went down. At around 6 pm, one of the soldiers came to me and told me that I had been released, and that I should go. I went to get permission from the supervisor to leave, and he said that he had obviously taught me some manners.” Hussein ended by saying: “I have not worked since that day, and I have rented my car to another person to work during the Eid season.”[4]

The Al Aqroudh Road, where Hussein was stopped, is a vital route for goods and basic necessities to be brought into the city. It is a difficult, steep and unpaved road. It is now considered the only crossing into and out of the city of Taizz from the northeast, as all other roads that lead to Taizz from the northeast have been closed.

  • On Monday, 5 November 2018, at around 12 pm, an Ansar Allah (Houthis) checkpoint did not allow cars transporting passengers and vehicles transporting goods to pass for two hours.

Armed men at the checkpoint decided to impose additional fees (royalties) on all cars and trucks transporting goods that wanted to pass through the checkpoint.

  • On Tuesday, 20 November, at around 3 pm, groups of armed men from the 17th Infantry Brigade, loyal to President Hadi, blocked the main road in Al Dhabab (the western entrance to Taizz city).

The 17th Infantry Brigade forces set up five checkpoints on the main road. They did not allow any cars or trucks to pass, with the exception of cars with women or children in them. The armed men started shooting in the air numerous times to scare civilians and stop them from passing. They claimed to be searching the cars for wanted individuals. The armed men continued blocking the road until the morning of the next day, Wednesday 21 October. The route is a very active and vital road linking a number of districts in rural areas in Taizz governorate to the city of Taizz.

Arbitrary Procedures at Checkpoints at the Entrances of Southern Cities

Forces controlling the security checkpoints at the entrances of cities in southern Yemen have, during the war, frequently imposed arbitrary procedures and used violence, often barring Yemeni civilians from entering some southern cities simply because these Yemenis are from the north of the country.

Mwatana documented violent attacks and arbitrary procedures imposed by men working with various armed groups in the south, including the Security Belt Forces, the security directorates in Aden and Lahj, and groups operating under the Southern Transitional Council. Practices range from stopping civilians for excessively long periods, insulting them with racist and discriminatory language, mistreating travelers, interrogating them, extorting them and forcing them to pay bribes, to arbitrarily detaining them, forcibly disappearing them, and firing live rounds at cars and trucks, which has wounded and killed civilians.

Case Studies

  • On Monday, 18 June 2018, between 11 am and 2 pm, the Saudi/UAE-led Coalition and authorities in Seiyun airport in Hadramaut governorate confiscated the passports of Radhya Al Mutawakel, the chairperson of Mwatana for Human Rights, and Abdulrasheed Al Faqih, the Executive Director of Mwatana, and detained them before they were able to travel on a trip for work and medical treatment.

Al Mutawakel was traveling to participate in an event by the Center for Humanitarian Dialogue in Oslo. In addition to medical treatment, Al Faqih was traveling to prepare for a training course to be held in partnership with the European Union. Both were detained for 12 hours, during which time they were taken to the military police building. They missed their flight, which left Seiyun airport at 12:30 at night, due to the detention.[5] After local and international civil pressure, the two were eventually released and allowed to travel out of Yemen.

  • In the morning of Friday, 26 October 2018, at about 9 am at a checkpoint known as Al Jabalain Checkpoint manned by the security directorate of Tawr Al Bahah district in Lahj governorate and located on the paved road between Lahj and Aden, a soldier stopped a 26-seat Coaster bus transporting passengers.

The bus was transporting internally displaced people (IDPs) from Taizz governorate to Aden. The soldier told the driver of the bus that he had to pay to be allowed to pass. The driver paid 750 rials and began to pass. Then, one of the other soldiers at the checkpoint started firing at the bus, which was around 10 meters away from the checkpoint. Two of the bullets went through the bus. The first killed Anmar Ahmad Abdullah (21 years old), striking his mouth and going out through the back of his head, and killing him in front of his wife and children. The second bullet nicked another civilian, Ra’d Ahmad Muhammad Saif (35 years old), causing a minor injury in his upper lip.

  • On Thursday, 8 December 2018, at around 5 pm, a mass transport bus was stopped at a Security Belt checkpoint on the road between the Lahj and Aden governorates.

The Security Belt stopped the bus to search it. One of the soldiers got on the bus to inspect the travelers’ IDs. The soldier stopped in front of Amr Abdulwadod Muhammad Al Qadasi (28 years old) and told him to get off the bus immediately because, the soldier claimed, Al Qadasi is a northerner and is prohibited from entering Aden. He was detained for four hours. At about 9 pm, the checkpoint supervisor ordered him to go back to Sana’a. He has not been allowed to enter to Aden as of the writing of this report.

Amr said: “I am a driver and get a daily wage from a car dealer in Aden. I transport the vehicles from Aden Port to Sana’a to get them license plates. After I deliver the car to the customer, I return to Aden on a mass transport bus. This time, while I was returning to Aden, I was taken off the bus by one of the soldiers at the checkpoint. He would not allow me to continue my trip to Aden, saying that this was because I am a northern. I begged him to allow me to enter because I work and only get a daily wage in Aden, and this is my only source of income. He yelled at me, telling me that I am a northerner and Aden is not my country.”[6]

Al Falaj Checkpoint in Marib Governorate

The checkpoint at Al Falaj, located at the western entrance of the city of Marib, provokes significant worry among different groups of travelers, especially those coming from Sana’a, as well as those coming from the north more generally. The checkpoint, manned by military forces loyal to President Hadi, has been the site of different forms of violations and abuses, including arbitrary detention, enforced disappearance, and discrimination, for example not allowing travelers to pass the checkpoint because of their surnames or where they are from.

After the Coalition Command decided to close Sana’a International Airport to commercial flights on 9 August 2016, only two airports remain open in Yemen for civilians to use to travel out of the country, whether for medical treatment, to study, or for any other purpose: Aden International Airport and Seiyun International Airport, both in areas under the authority of President Hadi.

For people in Sanaa, as well as in many other areas in northern and western Yemen, Al Falaj checkpoint must be passed to reach Seiyun airport order to travel abroad. The arbitrary procedures, discrimination based on surname and abuses by soldiers manning the checkpoint has created an atmosphere of terror amongst many civilians, making them feel travel is impossible.

  • On Thursday, 14 June 2018, at around 6:30 am, government forces loyal to President Hadi detained Abdulrasheed al-Faqih, the Executive Manager of Mwatana, at Al Falaj checkpoint in Marib governorate while on his way to Seiyun city in Hadramaut governorate to travel abroad.

Individuals in special forces uniforms (formerly the Central Security Forces) stopped the vehicle Al Faqih was riding in and they his passport and phones. They asked Al Faqih for the passwords to his phones to search them. He was arbitrarily detained for around 10 hours, without any legal justification given.[7]

  • On Saturday, 16 June 2018, forces at Al Falaj checkpoint stopped a civilian, Ali Abdulmalik Al Nahari (35 years old), a Yemeni expat who resides in Saudi Arabia, and his 9-year-old son.

Ali Abdulmalik Al Nahari had come to Yemen to spend Ramadan in Sana’a with his family. After he was stopped at Al Falaj checkpoint, he was taken to the Political Security Organization prison and detained. His son was handed over to a friend in Marib city. He was apparently suspected of providing material support to Ansar Allah (Houthis).

  • As one man, “Muhammad” (29 years old, pseudonym), said: “The arbitrary actions in the checkpoints that separate the areas controlled by the parties to the conflict are no longer limited to political affiliations and beliefs, and people are now being treated based on their last names. There have been a number of cases of detentions and enforced disappearance in Al Falaj Checkpoint, which is located at the western entrance of the city of Marib,

These arbitrary actions have made traveling from one city to another in Yemen an adventure that might have serious consequences. I live in the capital, Sana’a, and since the beginning of the conflict in Yemen, just because of my last name; I have lost a number of opportunities for training and studying abroad. I never expected that there would come a day when my safety and freedom would be at risk while traveling inside Yemen just because of my last name. The parties to the conflict do not care if a person is actually involved in anything or not. Now, last names are enough to make you guilty in their eyes.”

The Abu Hashem Checkpoint in Al Bayda Governorate

The Abu Hashem checkpoint, the infamous one and called Abu Turaab currently, is located at the eastern entrance of the city of Rada’a in Al Bayda governorate, and controlled by Ansar Allah. This checkpoint is well-known as a black hole that swallows up dozens of travelers trying to go from Sana’a to the southern and eastern governorates, and vice versa. Ansar Allah forces at the Abu Hashem checkpoint have imposed arbitrary procedures and carried out violent acts, targeting civilians based on their origin, names, and political affiliations. This checkpoint is located in the middle of the road heading towards Sayoun International Airport, which restricts the movement of passengers to outside of Yemen.

  • On Monday, 12 June 2018, Ansar Allah forces at the Abu Hashem checkpoint stopped a civilian, Muhammad Yahya Al Sheikh (32 years old), while taking his ill father from Sana’a to Seiyun to travel to Cairo for medical treatment.

Muhammad and his father were accompanied by a doctor, two others, and the driver of the van they had rented (a Toyota HiAce), when they were stopped at the Abu Hashem checkpoint at around 11 pm. Ansar Allah forces detained the group at the checkpoint until 3 am the next day. The detention caused the already poor health of Muhammad’s father to deteriorate. As soon as they arrived in Seiyun, Muhammad’s father’s health deteriorated rapidly. He was taken to Seiyun Hospital. He died before being able to travel to Cairo.

Muhammad said: “We were detained at this checkpoint for no reason, and the supervisor kept telling us that we were under suspicion. When I told him that my father was ill and that his condition was getting worse, he told me: ‘Let him die. He is not more important than the mujahideen that are dying every day on the frontlines.’ He said this to me callously.”

He added: “We were lucky that one of the soldiers in the checkpoint was related to the driver, and this made the soldier convince the supervisor to allow us to leave. At around 3 am, he allowed us to leave. We asked for our documents and passports, and the supervisor told us to look for them in a metal container. We spent more than half an hour to look for them in that container, which was full of hundreds of personal documents, passports, IDs, and medical reports belonging to hundreds of other travelers. After that, he took our documents and passports out of his pocket and threw them in our faces, and he told us to leave immediately.”[8]

Correction: Date of Al Jabalain checkpoint incident has been updated to reflect the correct date

[1] The Universal Declaration of Human Rights, Article 13

[2] The International Covenant of Civil and Political Rights, Article 12, Paragraph 1

[3] For more information on what this city has suffered through, see the statement from Mwatana for Human Rights titled “Siege lands a fatal blow to remaining life in Taiz” from October 2015 at http://mwatana.org/en/taiz-siege/. Also see the statement from Mwatana for Human Rights titled “Taiz: Unremitting suffocating blockade deprives civilians of the dwindling medical care” from November 2015 at http://mwatana.org/en/taiz-unremitting-suffocating/.

[4] Mwatana for Human Rights’ interview with the victim, 27 December 2018

[5] For more information on this violation, see the statement that was released by Mwatana on 18 June 2018, available at: http://mwatana.org/saudi-must-release-al-mutawakel/

[6] Mwatana for Human Rights’ interview with an eyewitness, 11 November 2018

[7] For more information on this violation, see the statement that was released by Mwatana on 18 June 2018, available at: http://mwatana.org/al-fakih-detained/

[8] Mwatana for Human Rights’ interview with an eyewitness, 3 January 2019