19/02/2024
One spring night in 2020 the inhabitants of Old Sana’a were woken by the noise of two explosions in close succession followed by a major fire, which burned for hours damaging ancient buildings in the Cattle Market district. The cause of the fire was an electricity generator and the fuel tanks next to it.
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Electricity generators sitting next to fuel tanks, with no regard for
public safety measures, are a common sight across Old Sana’a. They are
visible in the courtyards of homes and in streets, near cafes and
restaurants, and in old markets crowded with street traders and
shoppers.
Cables randomly snake along lanes and alleyways, and the generators
have turned the usual calm of the city into an unsettling din that
continues night and day. Black smoke pollutes the city air and makes
it difficult to breath. This has all stoked fear among people that
they could see a repeat of the fire and explosions in the Cattle
Market, especially since the authorities have not managed to put any
measures in place to stop such a thing happening again.
For want of any alternative source of electricity, generators have
become a necessity for residents. And this has opened the way for
exploitation by owners of generators to deliver power to homes and
shops using poor-quality equipment and cabling. They do not employ any
expertise to organise the supply network, since their sole concern is
making a profit and gaining new subscribers.
This investigation reveals that in the old city of Sana’a there are
11 electricity stations, which are owned by merchants and
“influential” people, and which fail to meet the most basic
requirements of public safety. All that happens within a system of
negligence and overlapping of powers between eight government
agencies. The result is that residents face the risk of death,
injury and material loss, from explosions or fires that could happen
at any moment. Such dangers also increase the likelihood that Sana’a
could lose its global status because of the increasing disfigurement
of the city, which has caused it to be listed by the UNESCO World
Heritage Committee on the List of World Heritage in Danger.
Electricity generators and fuel tanks have become “time bombs”
inside Old Sana’a. Below are some examples of these generating
stations.
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Ahmed Al-Harmali and his partner Abdel Salam Hamza’s station
Haider Fahim’s station
Mohammed Jamal’s station
Jamal Hussein Al-Rajawi’s station
Ahmed Abu Al-Rijal’s station
“When the government gives up providing services, the private sector
takes its place,” says the head of the electrical engineering
department at Sana’a University, Adel Al-Shugairi. Since the start of
the war in Yemen in 2015 the electricity supply to Sana’a has been
completely cut off because of the bombing and destruction of all main
generating plants. These include steam-powered stations, the Maarib
gas station, and local diesel plants belonging to the government’s
Public Electricity Corporation.
In 2017, private electricity generators began providing so-called
“commercial electricity” as a substitute for that previously supplied
by the government. These generators are owned by people engaged in
commerce (with good connection to the organs of power), who connect
electricity to homes with no regard for safety of the public, or of
the city’s landmarks, which have been on the UNESCO World Heritage
List since 1986.
This new situation means that generator owners now compete to gain the
largest number of subscribers. They have divided the 56 neighbourhoods
of Old Sana’a between them and whoever has the most generators in an
area can install the most distribution meters. This competition can
sometimes escalate into conflict if one of the owners tries to
“encroach” on another owner’s share by taking away subscribers in a
particular neighbourhood.
For example, generator owner Ahmed Al-Harmali and his partner, Abdel
Salam Hamza, control more than 18 city districts, and they share the
Salt Market area - the oldest market in Yemen - with another generator
owner, Ahmed Yahya Abu Al-Rijal. Al-Harmali and his partner have in
total 3,650 electric meters (connected to their generators), a number
that is likely to increase. Mohammed Al-Shaabani controls more than
ten neighbourhoods, with a total of 1,600 electric meters, according
to figures he himself provided. Generator owner Mohamed Hatem
meanwhile, supplies electricity to five districts as well as the
commercial thoroughfare, Electricity Street.
This carve up of the city has not only led to individual service
providers, but also to the formation of “gangs”, to quote one
inhabitant of Old Sana’a, who wished to remain anonymous to avoid any
comeback from the generators’ owners.
Since generators started appearing in Old Sana’a, each owner has been setting the price of supply as he pleases. The cost of one kilowatt of electricity rose above 350 Yemeni riyals ($0.5 - 0.75), on top of the monthly subscription charges, which averaged three dollars. Then the Ministry of Electricity set the price in 2023 at 250 riyals per kilowatt (less than 50 cents), to put an end to the pricing chaos.
We found that legislation relating to the operation of electricity
generators inside Old Sana’a actually prohibits placing them inside
the city, according to the Law for the Preservation of Historical
Cities, Regions, Historical Monuments and Urban Heritage.
In fact, these generators operate without licenses from the relevant
authorities, i.e. The General Organisation for the Preservation of
Historic Cities in Yemen and the Ministry of Electricity.
Correspondence between the chairman of the Main Committee for Private
Generators and the Minister of Electricity show that these stations
have not obtained licenses and that the ministry has recommended that
they be shut down.
“No license shall be permitted for the establishment of any
investment activity in registered sites without the approval of
the Organisation and its confirmation that the activity accords
with and is related to the nature and character of the building or
historical landmark at the registered site in general; and the
Organisation has the right to halt any work or activity that would
harm its nature or character.”
Article 56 of Law 16 of 2013 on the Preservation of Historical
Cities, Regions, Historical Monuments and Urban Heritage.
Document – Disclosure of violations at old stations in Sanaa issued by the main committee for Private Electric Generators (May 2023).
Despite the legal wording being clear, the General Organisation for
the Preservation of Historic Cities has been unable to put a stop to
any of these generating stations, despite issuing orders and notices
for several of them to be removed.
For example, the organisation took several measures against generator
owner Mohamed Ali Hatem, including issuing nine notices, orders, and
judicial rulings at difference times for him to dismantle his
generating station. None of these measures succeeding in forcing him
do so, and he continues to cause damage to the northern wall of the
old city of Sanaa with the generator and fuel tanks he has placed next
to the wall, along with three other generators placed in the ‘Bustan
Muammar’ garden in front of the wall.
Files show that, in 2019, the tourist police made complaint to both
the minister of culture and the undersecretary for the antiquities
sector, that the then vice president of the General Organisation for
the Preservation of Historic Cities, Aqeel Al-Nassari, had obstructed
the implementation of removal orders for generators.
Once these illegal electricity generators became a fait accompli, the
Ministry of Electricity issued a bill to temporarily regulate the
activity of owners of private generators in supplying energy to
consumers. The text of Article 5 of this law states: “No person has
the right to generate and distribute electrical energy and sell it to
consumers on a temporary basis without first obtaining a temporary
license.” Based on this text, all the generating stations inside Old
Sana’a are in breach of the law and should not be operating, since
none have a license.
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Nor do the generators in Old Sana’a meet the conditions and technical
requirements set down in law to regulate the temporary generation,
distribution and selling of energy from generators.
Article 28 makes clear one such condition: “The licensee may not
subcontract the supply of electrical energy to consumers using
distribution and selling points belonging to others.” In fact what
happens is that generator owners, like Ahmed Al-Harmali, Abdelillah
Allous and others, do distribute and sell energy through other people.
Chaos in the installations of generators in Sanaa
The Civil Defence Authority is responsible for monitoring and, if needs be, closing down any enterprise that fails to meet conditions for public safety. These stations are still operating, however, without the Civil Defence Authority being able to put the law into practice. Instead, it has put the onus on the Ministry of Electricity, as the body responsible for granting licenses to generator owners inside Old Sanaa, according to authority’s director general for public relations and media, Khaled Al-Shirahi.
The activity of any institution, facility, factory, establishment
or farm will be halted and buildings, industrial and construction
installations and any other projects will be evacuated and their
use in whole or in part will be banned in the event that safety
conditions fail to be met in these facilities in violation of
planning and construction conditions, or in the event of the
immediate danger of a catastrophic incident. The ruling on
halting, evacuation or prevention of use must be put in writing
and the reasons made clear. The relevant authorities shall be
notified directly of such an event and the executive regulations
shall indicate the method of implementation.
Law 24 of 1997
concerning civil defence – Article 13
What makes this “generators powered electricity station chaos” even
worse, is the overlapping of powers held by eight government agencies
involved in decision making for the city. These are: the General
Authority for the Preservation of Historic Cities, the Ministry of
Culture, the Ministry of Endowments, the Public Works Office, the
Capital Secretariat, Sana’a municipal council, and the judiciary. When
it comes to generators, the Ministry of Electricity is also involved.
Legal cases related to national heritage are referred to
non-specialised courts to deal with, i.e. the capital Sana’a East
Secretariat Court, and West Secretariat Court. And rulings by these
courts tend to favour those who are violating the principle of
safeguarding the capital city. The court whose responsibility covers
archaeological cities is the Public Funds Court.
The records of the generator owners show conflicting decisions made by
these different agencies. So, when the General Organisation for the
Preservation of Historic Cities issues a ruling to remove a generator,
another agency or individual comes along and prevents the ruling from
being carried out. Such a case appears in the files of generator
owners Mohamed Ali Hatem and Ibrahim Al-Fransi. Although both these
men made a commitment in writing to the General Organisation for the
Preservation of Historic Cities to end all violations and remove their
generators from Old Sanaa, their promise remains a dead letter.
The undersecretary for technical affairs, at the General Organisation
for the Preservation of Historic Cities, Rashad Al-Maqtari, ascribes
the failure to implement decisions on removing generators to “a lobby
of influential people, Community Committees, the local community
itself, and residents who strongly oppose moving the generators
outside the city.”
Al-Maqtari revealed that, in a bid to neutralise the pressure exerted
by the "lobby" and by Community Committees, the Organisation discussed
with the Ministry of Electricity a plan to supply Old Sana'a with
government electrical power at a nominal price, as an alternative to
commercial generators. According to Al-Maqtari, however, the proposal
ran into opposition from “common interests between the Ministry of
Electricity and generator owners.”
Al-Maqtari also accused the Civil Defence Authority of not fulfilling
its role in monitoring security and safety. As evidence of this, he
said that the Organisation had notified the Civil Defence Authority,
after the fire at the Cattle Market involving the generator belonging
to Ibrahim Al-Fransi, and had asked it to close down this generating
station, which had caused the explosion, and move it outside the city.
But the Civil Defence Authority, lacks enforcement powers to respond
to such request that should be initially addressed to the security
forces not the civil defence.
Mere ink on paper: Written commitments to remove violations from generator owners in Sanaa
Moreover, the multiplicity of official bodies with the right to issue
licenses to set up and run a for-profit facility in Old Sana’a, has
led to many abuses of the city. Something that might be regarded as an
“investment”, by the Ministry of Electricity, and the Public Works
Office could be seen by the General Organisation for the Preservation
of Historic Cities, as damaging to the city. As a result of such
conflicts, violations of laws have been exacerbated, especially Law
No. (16) of 2013.
Generator owners also seek to circumvent licensing procedures by
starting the process of applying for a license and making payments,
but without completing the licensing procedures. Generator owner
Mohamed Al-Shaabani paid the Ministry of Electricity to renew his
temporary permits, so he could continue operating his station, but
without actually obtaining a license, despite more than three years
having passed since he had made the initial payment.
Bonds that document the payments made by owners at different time periods without completing licensing procedures.
In addition to all of this, there is a lack of coordination between the relevant authorities. The Ministry of Endowments rents out properties inside Old Sana’a to stations owners, without consulting the General Organisation for the Preservation of Historic Cities, in disregard for the state of the urban environment. The result is that the operation of generators has made some of the city’s garden areas barren. This is noticeable in the case of three generating stations located inside garden areas belonging to the Ministry of Endowments, which had been rented to Mohamed Al-Shaabani, Mohamed Ali Hatem, and Mohamed Abdullah Jamal.
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As well as this conflict and overlapping of powers, there is a
suspicion of corruption over the disappearance of files from inside
the General Organisation for the Preservation of Historic Cities,
which relate to removal orders made against owners of generating
stations. This investigation has found that some of these files have
been sold off, and “disappeared” by staff within the Organisation for
the benefit of generator owners, based on testimony from a source
within the Organisation, who wished to remain anonymous. Our
investigation has documented two such cases - one concerning generator
owners Ahmed Al-Harmali and his partner, and one involving Ahmed Yahya
Abu Al-Rijal. This adds one more factor to the obstacles that are
placed in the way of implementing decisions to remove illegally
installed generators.
The non-stop roar of generators motors and the accompanying round-the-clock vibrations threaten to cause fractures in the historic landmarks of Sana’a, with its close-packed buildings. Correspondence between the Organisation and the Sanaa Directorate shows evidence that a generator belonging to Abdul Bari Al-Habouri caused cracks in one of the ancient buildings, not to mention the breathing problems its emissions triggered in local residents. The Organisation recommended the generator be removed, but that did not happen.
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The Ministry of Electricity also issued two directives in 2021,
telling owners of private generators operating inside Old Sana’a to
rapidly move them out of the city “to ensure that the vibrations
caused by the operation of these generators do not damage historic
buildings or cause their collapse.”
Official documents on the impact of generator vibrations on historic buildings.
Vibrations are not the only danger. The black smoke given off by generators has disfigured the stonework of the old city and caused erosion in its ancient wall, according to a report on Mohamed Ali Hatem’s generating station by Amin Khasrouf, an inspector in the Public Works Office.
Report issued by the Office of Works Inspector in Sanaa highlighting violations at Mohammed Ali Hatem's station.
The explosion and fire at the Cattle Market last year, has sparked fear among the residents of Old Sana’a, especially since there are eight generations stations located in the courtyards of homes and various neighbourhoods and market areas. Some have complained about the noise, smoke and proliferation of fuel tanks. But their complaints have fallen on deaf ears.
Examples of complaints filed by residents in Old Sana'a
Even recommendations by the Civil Defence Authority to the Ministry of Electricity to regularize the situation of these generating stations and bring them into compliance with security and safety procedures have not been implemented. Mohamed Al-Shaabani’s station is a case in point.
A letter from the Civil Defense to the Ministry of Electricity
This investigation was completed with support from ARIJ