Sunday, 18 November, 2018

UN report on human rights situation in Yemen since 2014 (Part 6)

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Situation of human rights in Yemen, including violations and abuses since September 2014

Report of the United Nations High Commissioner for Human Rights containing the findings of the Group of Eminent International and Regional Experts and a summary of technical assistance provided by the Office of the High Commissioner to the National Commission of Inquiry

Summary

The present report is being submitted to the Human Rights Council in accordance with Council resolution 36/31. Part I of the report contains the findings, conclusions and recommendations of the Group of Eminent International and Regional Experts on Yemen. Part II provides an account of the technical assistance provided by the Office of the United Nations High Commissioner for Human Rights to the National Commission of Inquiry into abuses and violations of human rights in Yemen.

F. Accountability

100. Information documented by the Group of Experts strongly suggests that violations and crimes under international law have been perpetrated and continue to be perpetrated in Yemen.

101. The primary legal responsibility for addressing these violations and crimes lies with the Government, which bears the duty to protect persons under its jurisdiction. All States that are parties to the conflict, including Yemen and the member States of the coalition, have responsibilities to investigate and prosecute violations that amount to crimes by their nationals and armed forces.

102. Given the gravity of the human rights situation in Yemen, a comprehensive approach to accountability is required for the realization of the rights to truth and adequate, effective and prompt reparation, and guarantees of non-recurrence. Such processes contribute to the fight against impunity, the reinstatement of the rule of law and, ultimately, reconciliation.

103. The fourth report of the National Commission of Inquiry suggests an increased willingness to address violations committed by all parties to the conflict. Nevertheless, the report asserts that the Commission has had no cooperation from the de facto authorities in Sana’a and that significant access issues continue to impede its work. In addition, cooperation by the Government and the coalition appears to remain superficial. Finally, the Commission is not an independent body.

104. In 2016, the coalition established the Joint Incidents Assessment Team to investigate allegations of unlawful coalition attacks. It would appear, however, that the Team lacks independence, its public findings contain insufficient details and that there is no mechanism to ensure implementation of its recommendations.

105. The path towards long-term peace and stability in Yemen must be through a genuine, joint and comprehensive accountability exercise involving all responsible State and non-State actors. This requires a deeper reflection on viable accountability options. A review of national and international accountability mechanisms is an imperative step towards defining a viable and sustainable criminal accountability framework in line with national obligations and international standards.

Follow this report in the next part…

Part 1

Part 2

Part 3

Part 4

Part 5

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