A/HRC/17/40 neighbouring countries. It is also reported that members of sab groups in the Somali refugee diaspora continue to suffer discrimination from members of other Somali clans. 62. The situation of minorities varies in terms of geographical areas. In Somaliland, article 8, paragraph 1, of the Constitution of May 2001 states that all citizens “shall enjoy equal rights and obligations before the law, and shall not be accorded precedence on grounds of colour, clan, birth, language, gender, property, status, opinion, etc”. Under article 8, paragraph 2, “precedence and discrimination on grounds of ethnicity, clan affiliation, birth and residence is prohibited”; and “programmes aimed at eradicating long lasting bad practices shall be a national obligation”. However, there is no specific antidiscrimination legislation. 73 Puntland has provided little protection or assistance to minorities and the parliament has no seats reserved for small minority communities, including for Madhiban.74 (c) Other parts of the world and the diaspora Middle East In Yemen, work- and descent-based discrimination affects the Akhdam (“servant” or “the marginalized ones”) social group. Traditionally, land was the most important resource and those who did not own agricultural land worked in marginal occupations and services, and became part of the servant class (CERD/C/YEM/16, para. 159). Typical Akhdam occupational roles include garbage collection, street sweeping, and cleaning toilets and drains. They are often referred to generically as “sweepers” and are widely regarded as being dirty, immoral and dependent. The “low social status of this group stems from the members occupation as well as their [reputed] ethnic origins” (E/CN.4/Sub.2/2003/24, paras. 31-34). Dominant social opinion considers their men unscrupulous, lazy, unfit and unable to hold respectful jobs. The women are often stereotyped as promiscuous, unclean and leading lives as beggars and even prostitutes75 and children are considered to belong to a social category of so-called “servants” (E/CN.4/Sub.2/2004/31, para. 32). 63. 64. The Yemeni Constitution maintains a bill of rights guaranteeing a wide range of rights and freedoms (arts. 41-61) to “all citizens”. It also provides for equal opportunities in all economic, social, political and cultural activities (art. 24) and guarantees equal treatment before the Law. According to article 5 of the Code of Criminal Procedure, “citizens are equal before the law and an individual may not be punished or harmed on grounds of nationality, race, origin, language, belief, occupation, standard of education or social status” (CCPR/C/YEM/2001/3, para. 9). However, de facto discrimination persists. The Constitution is neither implemented nor adequate to address the specific discrimination against this minority.76 The Government looks at the issue of marginalization of the “servant class” from a socio-economic perspective, since the legislative framework does not discriminate among citizens (CERD/C/YEM/16, para. 160). 65. 73 74 75 76 Ibid., p. 17. Ibid., p. 19. Hassan Ansah, “Yemen’s Untouchable Class: The Akhdam”, Yemen Today Magazine. Available from www.yemen-today.com/go/special_reports/4603.html. Alternative World/Partnership for Equitable Development and Social Justice in association with the International Dalit Solidarity Network, “Alternative report to the joint 15th and 16th periodic report of the State party Yemen to the Committee on the Elimination of Racial Discrimination (CERD)” (July 2006), p. 26. 17