NON-STATE ACTORS IN EDUCATION
2.2 Non-state education provision
3.1 Regulations by distinct levels of education
- Early childhood care and education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Primary and secondary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
- Tertiary education (Entry/Establishment ○ Financial operation ○ Quality of teaching and learning ○ Equitable access ○ Quality assurance, monitoring and accountability)
3.3 Supplementary private tutoring
The 1992 Law 45 (Art. 72) states that “different institutions and individuals” have the right to establish schools for non-state education and collect fees according to a system approved by the Council of Ministers that regulates private schools. The 1999 Law 11 (Art. 2) also defines “private educational institutions” as all institutions that are established, administered, and financed by individuals or legal persons to educate children of communities residing in the Republic of Yemen.
2.1 State education provision
State schools
In Yemen, the educational ladder includes nine years of compulsory basic education and three years of secondary education. Basic education is compulsory and free and lasts nine years. The usual age to commence education is six years, meaning that students generally enrol in primary school from ages 6 to 14 and then secondary school from 15 to 17. Secondary education accepts students who have successfully obtained a basic education certificate. The study duration is three years, and according to the results in the first year, students in the second year are directed to the scientific or literary path. Students can also continue technical and vocational secondary education to obtain the equivalent of a general secondary. The 1992 Law 45 and the 2015 Draft Constitution stipulate that education is a basic right ensured by the State and provided to all citizens. In 2015, government schools accounted for 94.8% of educational provision. In 2020, the number of students enrolled in public education was about 6 million, including 4,940,829 in basic education and 690,326 in secondary education.
Non-state managed, state schools
The 1992 Law 45 (Art. 28) stipulates that the state “establishes schools and non-state educational institutions” for the education and care of persons with disabilities, and provides them with basic education that is appropriate to each case of disability. Non-government organizations play a large role in the education of students with special needs.
Non-state funded, state schools
No information was found.
2.2 Non-state education provision
Independent, non-state schools
The private sector represents between 2 and 5% of schools in Yemen. In 2007/08, 3% of all primary and secondary schools were non-state schools and enrolled 5% of all students in basic education. According to the 2021 USAID Report “Non-state schooling in the Middle East and North Africa”, in the school year 2017/18, the share of non-state institutions was approximately 5% of all schools, with a corresponding 5% of all pupils in Yemen attending private schools. The report also suggests that about 92% of Yemen’s private schools are coeducational spaces (compared with 84% in state schools). Additionally, half of Yemen’s 903 private schools are located in Sana’a, with relative concentrations also in urban centres of AlHodeidah, Ibb and Aden.
Independent non-state schools are primarily typical fee-charging private or international schools for upper supplemental educational services (SES) households in urban settings. In this regard, the 1999 Law 11 (Art. 2) defines private education more broadly as including special education and encompasses schools for the disabled and gifted. Private schools include specialised schools that are also described as those to prepare and train for the needs of the labour market and related to economic and social development through the areas specified in this law and specialised institutes and centres which are those that are established with the aim of training for short or long courses in technical or linguistic skills. The 1999 Law 11 also mentions community schools which are established for the “purpose of educating and training the children of Yemeni communities abroad”. Yet, there is no indication if they are private or public.
According to the 2021 USAID Report, the role of non-state schooling in Yemen is limited to primarily humanitarian programs serving internally displaced children through United Nations High Commissioner for Refugees (UNHCR) and also through the United Nations International Children's Emergency Fund (UNICEF), which […] directs the bulk of support to state schools and teachers.”
State-funded (government-aided), non-state schools
No information was found.
Contracted, non-state schools
No information was found.
2.3 Other types of schools
Homeschooling
Market contracted (Voucher schools)
No information was found.
Unregistered/Unrecognised schools
No information was found.
The administration of education in Yemen is centralized, and it is affected by the general administration of the state, the government and the implementation of the public education administration through four parties, these include; the MoE at the central level, the department of education in the governorates at the local level, education centres in some regions and directorates at the regional level and school management at the school level. The ministries have offices in Yemen’s governorates/districts that are responsible for supervising education locally. Moreover, according to Article 51 of Yemen’s 2015 Draft Constitution, “private education in all stages is guaranteed in accordance with standards enshrined in the law.”
General education is the responsibility of the Ministry of Education (MoE). The 1992 Law 45 (Art. 45) and the 1999 Law 11 state that the MoE is the official body responsible for the governance of non-state educational institutions as per the provisions of the law. The government’s MoE consists of seven sectors: General Education Sector, Curriculum and Supervision Sector, Girls Education Sector, Training and Qualification Sector, Project and Equipment Sector, Technical Office, and Literacy program. There does not seem to be a department or section that focuses on the provision of education by non-state actors in the three ministries mentioned above.
The Ministry of Technical Education and Vocational Training (MoTEVT) manages vocational schools and community colleges.
Tertiary education is regulated by the Ministry of Higher Education and Scientific Research (MoHESR). The provision is under the 2005 Law 13 for higher non-state education providers and the MoHESR is responsible for their governance. In addition, the 2007 Decree 32 formed the Supreme Council of Universities consisting of the country’s Prime Minister and other Ministers, the presidents of state universities, and a representative of non-state universities chosen by the presidents of non-state universities (Article 3). The Supreme Council’s duties are specified in Article 4 of the Decree.
The country has a Minister of Religious Endowments and Guidance. The decision-making role of this ministry in the provision of education by non-state actors is not explicitly specified.
Vision: The 2015 Draft Yemeni Constitution (Art. 51) includes provisions delimiting a role for the private sector at all school levels in accordance with legal standards. In parallel, the 2025 Yemen's Strategic Vision describes the partnership between the government and the private sector. The strategy for future action is “based on the role of the private sector as an engine of economic growth, which requires improving the efficiency of the resource utilization, reinforcing competitiveness and the participation and the empowerment of the local and foreign private sector to implement several projects, including infrastructure projects, by means of applying build, operate, transfer (BOT) and build, operate, own (BOO) systems..”. The 2019/20 to 2021/22 Transitional Education Sector Plan also states that its framework is based on the basic principle that the Ministry of Education is responsible for the implementation of the plan “in collaboration with many stakeholders, including relevant line ministries, development and humanitarian partners, civil society, and the private sector”.
3.1 Regulations by distinct levels of education
In Yemen, ECCE is non-compulsory and mostly privately provided. Preschool is organized into three sections: the small section for children of 3-4 years of age (nursery), the medium section for children age 4-5, and the large section for children aged 5-6.
Enrollment rates in the early years are extremely low; according to UNICEF, only 1% of Yemeni children aged 5-6 attend kindergarten. The majority of these children attend kindergarten through private providers in urban areas. The 2021 USAID Report “Non-state schooling in the Middle East and North Africa” states that two-thirds of ECCE providers in Yemen are privately operated. In addition, the private sector accounts for less than half of all early childhood education enrollments (approx. 45-50%; p. 106-107). However, based on the available data, a steady decline in the private sector’s provision of ECCE has been reported, “dropping from 51% in 2010 to 38% in 2015.”
Registration and approval: See Multi-level regulations.
Licence: See Multi-level regulations.
Profit-making: See Multi-level regulations.
Taxes and subsidies: No information was found.
Quality of teaching and learning
Curriculum and education standards: See Multi-level regulations.
Teaching profession: See Multi-level regulations.
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Policies for vulnerable groups: No information was found.
Quality assurance, monitoring and accountability
Reporting requirements
Inspection: See Multi-level regulations.
Child assessment: See Multi-level regulations.
Sanctions: See Multi-level regulations.
Registration and approval: See Multi-level regulations.
Licence. See Multi-level regulations.
Water, Sanitation and Hygiene (WASH): No information was found. Functional latrines were only available in 66% of all basic and secondary schools in the 2015/16 school year. Out of “the total number of schools without toilets (5,766), 84% (or 4,842) were basic schools” (p.31). Overall, the “number of schools with water, either through access to existing water infrastructure, water transport vehicles or rooftop water harvesting, is 8,287, or 51% of the total number of schools” (p.31).
Profit-making: See Multi-level regulations.
Taxes and subsidies: See Multi-level regulations.
Quality of teaching and learning
Curriculum and education standards: See Multi-level regulations.
Textbooks and learning materials: No information was found.
Teaching profession: See Multi-level regulations.
Corporal punishment: In Yemen, corporal punishment is lawful in the home. The 2002 Children’s Rights Act recognizes “the legal and legislative rights of parents to discipline their children” (Article 146c). Corporal punishment is also lawful in early childhood care and daycare for older children. However, corporal punishment is explicitly prohibited in schools in the Regulations governing school punishment 2001 (Art. 68). The draft Child Rights Law under discussion in February 2015 would confirm corporal punishment in schools (Art. 117).
Other safety measures and COVID-19: No information was found.
Policies for vulnerable groups: No information was found.
Fee-setting: See Multi-level regulations.
Admission selection and processes: See Multi-level regulations.
Quality assurance, monitoring and accountability
School board: See Multi-level regulations.
Reporting requirements: See Multi-level regulations.
School inspection: See Multi-level regulations.
Student assessment: See Multi-level regulations.
Diplomas and degrees: See Multi-level regulations.
Sanctions: See Multi-level regulations.
The 2005 Law 13 (Art. 2) defines private universities as every private, non-government owned institution that provides higher education, conducts scientific research, and has at least two colleges. The study duration should not be less than four years or its equivalent for the first degree awarded. It also defines higher institutes and university colleges as independent academic institutions owned by a non-governmental entity providing higher education. The duration of study should not be less than four years for the first university degree awarded. No recent data were found on the prevalence of the non-state sector in higher education.
Registration and approval: The 2005 Law 13 (Art. 6) regulates that an initial licence application to establish a non-state university, higher institute, or college shall be submitted upon a request by the founders or owners of a university to the minister, and it specifies that the following components need to be attached/included (stated in Article 6.1-5): draft statute, names of founders, project capital (not less than the equivalent of two million dollars for a university and one million dollars for a higher institute or college), documentation to ensure that all financial burdens are covered, and other documents.
Licence: A general accreditation licence can be obtained if the initial licence application has been approved if details about the student body’s size and a list of board names are submitted, and other requirements for accreditation are met (Law 13, 2005, Art. 7). Article 8 of the 2005 Law 13 further details conditions to obtain a special accreditation licence, and Article 9 regulates how a final licence can be obtained. The minister issues the initial and general licences, and the final licence is issued by the Supreme Council of Universities (Article 10).
Profit-making: The 2005 Law 13 (Art. 47-49) regulates the financial revenues of a non-state university, which include tuition fees as one component, budget preparation, and the duration of the fiscal year. However, it does not regulate profit-making more specifically.
Taxes and subsidies: No information was found.
Quality of teaching and learning
Curriculum and education standards: No information was found.
Teaching profession: Qualifications of university teachers and their assistants are regulated in the 2007 Decree 32 (Chap. 4.1) for non-state and state universities. For example, to become an assistant professor, a university committee must evaluate a candidate’s doctoral thesis, master’s thesis, bachelor’s thesis, and an applicant’s performance in a special lecture. Furthermore, the advertised job shall be won by the applicant who collects the most significant number of points but not less than 75 points as a minimum; otherwise, the job shall be announced again (Section 3.4, Article 50.1 and 50.2). Disciplinary measures are regulated in Articles 82 to 95. No additional regulation was found for salaries and other working conditions.
Fee-setting: The 2005 Law 13 (Art. 47-49) regulates the financial revenues of non-state universities, which include tuition fees as one component, budget preparation, and the duration of the fiscal year. However, it does not regulate fee-setting further.
Admission selection and processes: The Supreme Council of Universities regulates the admission of students to postgraduate programs (Law 13, 2005, Art. 18).
Quality assurance, monitoring and accountability
Board: The 2007 Decree 32 specifies and details multiple boards, councils, and other bodies that every non-state university shall have, such as a University Council consisting of its president, vice-president, deans of colleges, representatives of the faculty, but also public figures (Article 9 and 28). Also, non-state universities need to establish an Academic Board (Article 17) and a Board of Trustees (Articles 20-26).
Reporting requirements: The Supreme Council of Universities, with regards to non-state universities, higher institutes and colleges, approves standards and controls, licences, standards, admission, licensing, and also supervision and other aspects. Thus, non-state universities are either accountable to the Supreme Council of Universities or the minister directly (Law 13, 2005, Art. 18).
Inspection: Non-state universities are subject to continuous supervision, direction and control within the framework of the provisions of the law, its executive regulations, and the instructions of the Supreme Council of Universities (Law 13, 2005, Art. 18.2). However, it does not detail how inspections are implemented
Student assessment: No information was found.
Diplomas and degrees: No general information was found. However, the Decision of Prime Minister 299/2004 regulates the equivalence of post-secondary certificates.
Sanctions: A non-state university may only close or merge colleges or academic departments by a decision of the University Council and the approval of the minister (Law 13, 2005, Art. 12). The Supreme Council of Universities assumes suspending the admission of students to the university, higher institute or college, and withdrawing the licence in case of violating the law or the regulations and instructions issued under that after the issuance of a final court ruling (Art. 18).
3.2 Multi-level regulations
The 1999 Law 11 entitled “Regarding the Organization of Private Education and Private Educational Institutions” regulates non-state education provision for the ECCE, primary, and secondary education stages. Thus, this section applies to ECCE, primary/basic, and secondary education.
Registration and approval: To be approved, non-state educational institutions shall add a previously missing aspect or opportunity to the existing system to help the government achieve its educational goals (Law 11, 1999, Art. 3.1, Chap. 2.1). Also, other reasons are introducing more flexibility to the current formal system (Article 3.3) or adding and increasing competition (Art. 3.5). In addition, to open a non-state educational institution, individuals need to have Yemeni nationality (Art. 4.1). Also, a person needs to have practiced teaching and possess the necessary scientific expertise that qualifies them to bring about innovation in educational means and methods (Art. 4.2 A). Furthermore, organizations or individuals need to be from “friendly countries” or have “valid agreements” with Yemen. Also, these can be foreign non-governmental educational bodies that cooperate with the MoE or foreign investment institutions authorized to operate in Yemen (Art. 3 A, B, and C). Non-Yemeni individuals and organizations are also permitted to open pre-primary to secondary schools if they cater to members of the Yemeni community who do not speak Arabic and/or if Arabic is not their national language (Art. 5). This is also applicable to institutions established through bilateral agreements and that these schools are subject to the same rules as other non-state ones (Art. 6). No further information was found regarding infrastructures.
Licence: A licence is only granted to a pre-primary to secondary school if the non-state educational institution provides its services to groups already present/represented in Yemen’s society (Law 11, 1999, Art. 7). However, it is strictly prohibited to permit the establishment of non-state educational institutions or the practice of any education if it is proven that the applicant has a relationship or contact with religious or missionary organizations or bodies (Art. 8). In addition, it is also prohibited to authorize political parties, organizations and charitable societies to establish non-state educational institutions if they serve political, partisan, or sectarian purposes or motives (Art. 10).
The 1999 Law 11 (Chap. 2.2) further details conditions for granting a licence. Institutions are required to provide information about their economic, social and educational feasibility, funding sources and the amount of fees they wish to collect (Art. 12.1). However, the law also stipulates that a study plan and teaching methods, the quality of teachers and administrators, and their nationalities are to be evaluated before granting a licence. In addition, the institution shall not contradict Islamic beliefs or national norms and values and cannot contradict the general law of education (Art. 12.2).
Profit-making: No regulation was found regarding profit-making specifically. However, persons operating a non-state educational institution are generally allowed to invest their finances in the field of education. Thus, although profit is not regulated, investment in education is encouraged and is under the law (Law 11, 1999, Art. 4.2b).
Quality of teaching and learning
Curriculum and education standards: It is required for non-state educational institutions to adhere to the same academic subjects that are to be found in the curriculum approved for Yemen’s state schools, particularly with regards to Islamic education, teaching the Arabic language, and social subjects (Law 11, 1999, Art. 14). In addition, educational activities in non-state schools’ curricula are based on a mix of general culture, Islamic and social education if there are Muslim students and that, in this case, teaching the Arabic language is mandatory (Art. 15). Furthermore, non-state educational institutions shall be fully committed to the curricula, textbooks, rules of procedure, and evaluation system of the MoE (Art. 18). Last, Chapter 3 of Law 11/1999 details additional curricula requirements in Articles 25, 26, and 27.
Teaching profession: The 1992 Law 45 (Art. 25) states requirements for qualification and preparation of teachers in the primary and secondary stages of general education. More generally, this Law defines a teacher as every person who teaches as his or her profession and devotes their full time to the profession financially and morally, regardless of the type of education or the level within which they work, whether it is school education or education that takes place outside the school system. The Act provides for the qualification and preparation of teachers at basic and secondary levels to be "progressively unified". It also aims to compensate for the "qualitative deficit" of teachers by increasing training and professional development programmes and raising the levels of achievement and scientific and educational specialisation. In addition, the Act aspires to qualify teachers who practice the profession "without having the scientific and professional level necessary to practice the profession".
Quality assurance, monitoring and accountability
Board: The 1999 Law 11 specifies that a board of directors shall be formed (Article 36) and regulates the board’s composition. Composed of the shareholders, the director of the institution and two representatives from the teaching staff. Also, the 1999 Law 11 (Art. 43) states that the board approves the annual budget and oversees school operations more generally.
The MoE’s School Regulation, signed by the Minister of Education in 1997, states that each school must have a School Committee of at least nine members. The Father and Mother Council is an organization that involves parents and community members in school management. The head of the Father and Mother Council serves as the vice head of the School Committee. The Internal Financial Auditor and two or three members of the School Committee should be members of the Father and Mother Council. According to article 3 of the Father and Mother Council Regulation, the objective of the councils is to create effective partnerships with the local community in the educational process. Article 7 of the same regulation states that membership of the Father and Mother Council is based on the number of students enrolled in the school, ranging from a minimum of 15 to a maximum of 21. Article 11 in Chapter 8 of the School Development Program Reference Framework describes the authority of the School Committee in planning, implementing, and evaluating school plan activities. The school committee has ten core responsibilities.
Reporting requirements: Non-state educational institutions must be fully committed to the curricula, textbooks, the internal system and the evaluation system that they submitted to the Ministry and were granted licences to practice work on their basis (Law 11, 1999, Art. 18). However, the Law does not refer explicitly to any accountability reports.
Inspection: The Yemeni state requires that the applicant for a licence to establish a non-state educational institution is obligated to the Ministry’s right to supervise the institution and needs to abide by its instructions at all times (Law 11, 1999, Art. 16).
Assessment: All academic courses and subjects are subject to examinations held under the supervision of the Ministry or its offices in the governorate according to the system it establishes or approves. A student is not to be promoted to the next grade unless they fulfil the conditions of transfer/promotion per the official rules (Law 11, 1999, Art. 31-33).
A school-based assessment is conducted every year for all students in grades 1-8 of basic education and grades 1-2 of secondary education. It uses the MoE roles and regulations set out in the General Regulations for Examinations issued in 2005. In addition, the standardised student assessment of basic level is a prerequisite for the certification of basic education. “According to the Yemeni General Regulations for Examinations, the Assessment and Evaluation Administration within the MoE is responsible for managing and distributing standardized student assessment results.” “The general regulations for examinations are available in education offices at the governorate or district level, and parents may request them from the school or Government Education Office (DEO). The Father and Mother Councils can use the general regulations for examinations to demand accountability”.
Sanctions: The MoE is the official body responsible for all non-state educational institutions and authorized to grant operating licences for these institutions, withdraw or suspend them, and be concerned with carrying out field supervisions (Law 11 , 1999, Art. 20). The minister’s decision can revoke a school licence based on an investigation of whether one or several aspects regulated in the 1999 Law 11 (Art. 11) are violated.
3.3 Supplementary private tutoring
No information was found.
Financial operation and quality
No information was found.
No information was found.
This profile has been drafted by the Al Qasimi Foundation to support the PEER evidence base for the 2021/2 GEM Report on non-state actors in education.
