RES/36/31 Human rights, technical assistance and capacity-building in Yemen

GE.17-17338(E)



Human Rights Council Thirty-sixth session

11–29 September 2017

Agenda item 10

Resolution adopted by the Human Rights Council on 29 September 2017

36/31. Human rights, technical assistance and capacity-building in

Yemen

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations and the

provisions of the Universal Declaration of Human Rights, and recalling relevant

international human rights treaties,

Recognizing the primary responsibility of States to promote and protect human

rights,

Recalling Security Council resolutions 2014 (2011) of 21 October 2011, 2051

(2012) of 12 June 2012 and 2140 (2014) of 26 February 2014, and Human Rights Council

resolutions 18/19 of 29 September 2011, 19/29 of 23 March 2012, 21/22 of 27 September

2012, 24/32 of 27 September 2013, 27/19 of 25 September 2014, 30/18 of 2 October 2015

and 33/16 of 29 September 2016,

Recalling also Security Council resolution 2216 (2015) of 14 April 2015,

Welcoming the commitment of Yemeni political parties to complete the political

transition process on the basis of the Gulf Cooperation Council initiative and its

implementation mechanism, and emphasizing the need for the implementation of the

recommendations made in the outcome document of the National Dialogue Conference,

and to complete the drafting of a new Constitution,

Welcoming also the positive engagement of the Government of Yemen in the peace

talks, its handling of the proposals made by the Special Envoy of the Secretary-General for

Yemen, and encouraging it to continue its efforts to achieve peace and stability in Yemen,

Reiterating its strong support for the efforts of the Secretary-General and his Special

Envoy to achieve the urgent resumption of peace negotiations, and recalling the need for all

parties to the conflict to react in a flexible and constructive manner and without

preconditions to these efforts, and to fully and immediately implement all provisions of

relevant Security Council resolutions,

Taking note of the statement made by the President of the Security Council on 15

June 2017 on Yemen,1

Reaffirming its strong commitment to the sovereignty, independence, unity and

territorial integrity of Yemen,

Recognizing that the promotion, protection and fulfilment of human rights are key

factors in ensuring a fair and equal justice system and, ultimately, reconciliation and

stability for the country,

Acknowledging that international human rights law and international humanitarian

law are complementary and mutually reinforcing, and reaffirming that all efforts should be

made to ensure the cessation of all violations and abuses of, and full respect for,

international human rights law and international humanitarian law in armed conflicts,

Aware of reports by the Office for the Coordination of Humanitarian Affairs that the

existing humanitarian emergency affects the enjoyment of social and economic rights, and

calling upon the parties to the conflict to ensure that humanitarian aid is facilitated and not

hindered,2

Concerned by the allegations of violations of international humanitarian law and of

violations and abuses of human rights law in Yemen, including those involving grave

violations against children, attacks on humanitarian workers, civilians and civilian

infrastructure, including medical facilities and missions and their personnel, as well as

schools, the prevention of access for humanitarian aid, the use of import and other

restrictions as a military tactic, the severe restrictions on freedom of religion or belief,

including for minorities, such as members of the Baha’i faith, and the harassment of and

attacks against journalists and human rights defenders, including women human rights

defenders,

Underlining the important role played by free media and non-governmental human

rights organizations in contributing to an objective appraisal of the situation of human

rights in Yemen,

Recalling the call of the Government of Yemen for an investigation into all cases of

violations and abuses of human rights and the relevant calls made by the United Nations

High Commissioner for Human Rights, while noting in this regard the release of an interim

report by the National Commission of Inquiry in August 2017,

Noting the extensive work carried out by the National Commission of Inquiry and

the significant challenges that it continues to face in carrying out independent

comprehensive investigations into all alleged violations and abuses of human rights and

alleged violations of international humanitarian law in Yemen, and encouraging the

Yemeni public prosecution and judiciary to complete judicial proceedings for achieving

justice and to hold those responsible of abuses and violations accountable as soon as

possible,

Noting also the work carried out by the joint incident assessment team,

Taking note of the recommendations and conclusions made by the High

Commissioner on the establishment of an independent international investigative

mechanism to establish the facts and circumstances surrounding all alleged violations and

1 S/PRST/2017/7.

2 A/HRC/30/31, A/HRC/33/38 and A/HRC/36/33.

abuses of human rights and violations of international humanitarian law,3 and taking note

also of the statement and comments made by the Government of Yemen on the report,

1. Condemns the ongoing violations and abuses of human rights and violations

of international humanitarian law in Yemen, including those involving the widespread

recruitment and use of children by parties to the armed conflict, arbitrary arrests and

detention, denial of humanitarian access and attacks on civilians and civilian objects,

including medical facilities and missions and their personnel, as well as schools, and

emphasizes the importance of accountability;

2. Calls upon all parties to the armed conflict to respect their obligations and

commitments under applicable international human rights law and international

humanitarian law, and in particular with regard to attacks against civilians and civilian

objects, and to ensure humanitarian access to the affected population nationwide, including

by lifting obstacles to the importation of humanitarian goods, reducing bureaucratic delays,

resuming salary payments for civil servants and ensuring the full cooperation of the Central

Bank of Yemen;

3. Calls upon all parties in Yemen to engage in the political process in an

inclusive, peaceful and democratic way, ensuring the equal and meaningful participation

and full involvement of women in the peace process;

4. Demands that all parties to the armed conflict end the recruitment and use of

children and release those who have already been recruited, and calls upon all parties to

cooperate with the United Nations for their reintegration into their communities, taking into

consideration the relevant recommendations made by the Secretary-General in his report on

children and armed conflict;4

5. Calls upon all parties in Yemen to implement fully Security Council

resolution 2216 (2015), which will contribute to an improvement in the situation of human

rights, and encourages all parties to reach a comprehensive agreement to end the conflict;

6. Emphasizes the commitments and obligations of the Government of Yemen

to ensure respect for the promotion and protection of the human rights of all individuals

within its territory and subject to its jurisdiction, and in that connection recalls that Yemen

is a party to the International Convention on the Elimination of All Forms of Racial

Discrimination, the Convention on the Elimination of All Forms of Discrimination against

Women, the International Covenant on Civil and Political Rights, the International

Covenant on Economic, Social and Cultural Rights, the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the

Rights of the Child and the Optional Protocols thereto on the involvement of children in

armed conflict and on the sale of children, child prostitution and child pornography thereto,

the Convention on the Rights of Persons with Disabilities and the Convention relating to

the Status of Refugees and the Protocol thereto, and looks forward to the Government

continuing its efforts to promote and protect human rights;

7. Calls upon all parties to immediately release all Baha’i detained in Yemen

due to their religious belief, to cease the issuance of arrest warrants against them and to

cease the harassment to which they are subjected;

8. Expresses deep concern at the deteriorating humanitarian situation in Yemen,

and expresses its appreciation to donor States and organizations working on improving that

3 See A/HRC/36/33.

4 A/70/836–S/2016/360.

situation and for their pledges to provide financial support for the Yemen humanitarian

response plan for 2017;

9. Invites all bodies of the United Nations system, including the Office of the

United Nations High Commissioner for Human Rights, and Member States to assist the

transitional process in Yemen, including by supporting the mobilization of resources to

tackle the consequences of the violence and the economic and social challenges faced by

Yemen, in coordination with the international donor community and according to the

priorities set by the Yemeni authorities;

10. Acknowledges the difficulty of the circumstances under which the National

Commission of Inquiry operates, and that the continuation of the armed conflict and the

continued violations and abuses of international human rights law and violations of

international humanitarian law necessitate the continuation of the Commission’s mandate,

and the intensification of its work according to presidential decree No. 50 of 23 August

2017, and urges that its tasks be completed professionally, impartially and

comprehensively;

11. Urges all parties to the armed conflict to take all the measures necessary to

ensure effective, impartial and independent investigations into all alleged violations and

abuses of human rights and alleged violations of international humanitarian law, in

accordance with international standards, with a view to ending impunity;

12. Requests the High Commissioner to establish a group of eminent

international and regional experts with knowledge on human rights law and the context of

Yemen for a period of at least one year, renewable as authorized, with the following

mandate:

(a) To monitor and report on the situation of human rights, to carry out a

comprehensive examination of all alleged violations and abuses of international human

rights and other appropriate and applicable fields of international law committed by all

parties to the conflict since September 2014, including the possible gender dimensions of

such violations, and to establish the facts and circumstances surrounding the alleged

violations and abuses and, where possible, to identify those responsible.

(b) To make general recommendations on improving respect for and the

protection and fulfilment of human rights, and to provide guidance on access to justice,

accountability, reconciliation and healing, as appropriate;

(c) To engage with Yemeni authorities and all stakeholders, in particular relevant

United Nations agencies, the field presence of the Office of the High Commissioner in

Yemen, the authorities of the Gulf States and the League of Arab States, with a view to

exchanging information and providing support for national, regional and international

efforts to promote accountability for human rights violations and abuses in Yemen;

13. Requests the immediate operationalization of the mandate, and also requests

the High Commissioner to appoint without delay the Group of Eminent International and

Regional Experts, by no later than the end of 2017;

14. Requests the Group of Eminent International and Regional Experts to submit

a comprehensive written report to the High Commissioner, by the time of the thirty-ninth

session of the Human Rights Council, to be followed by an interactive dialogue;

15. Encourages all parties to the armed conflict in Yemen to extend full and

transparent access and cooperation to the Group of Eminent International and Regional

Experts;

16. Requests the Secretary-General and the High Commissioner to provide the

full administrative, technical and logistical support necessary to enable the Group of

Eminent International and Regional Experts to carry out its mandate;

17. Requests the High Commissioner to continue to provide substantive capacity-

building, technical assistance, advice and legal support to enable the National Commission

of Inquiry to complete its investigatory work, including to ensure that the National

Commission investigates allegations of violations and abuses committed by all parties in

Yemen and in line with international standards, and to submit its comprehensive report on

alleged human rights violations and abuses in all parts of Yemen, in accordance with

Presidential Decree No. (50) of 23 August 2017, as soon as it is available, and encourages

all parties to the conflict in Yemen to extend full and transparent access and cooperation to

the National Commission and the Office of the High Commissioner;

18. Also requests the High Commissioner to present to the Human Rights

Council, at its thirty-seventh session, an oral update on the situation of human rights in

Yemen and the development and implementation of the present resolution, and to present to

the Council at its thirty-ninth session a report on the situation of human rights, including

violations and abuses committed since September 2014, as well as on the implementation

of technical assistance as stipulated in the present resolution.

42nd meeting

29 September 2017

[Adopted without a vote.]