RES/39/21 Technical assistance and capacity-building for Yemen in the field of human rights

GE.18-16546(E)



Human Rights Council Thirty-ninth session

10–28 September 2018

Agenda item 10

Resolution adopted by the Human Rights Council on 28 September 2018

39/21. Technical assistance and capacity-building for Yemen in the field of

human rights

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,

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

territorial integrity of Yemen,

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,

33/16 of 29 September 2016 and 36/31 of 29 September 2017,

Emphasizing Security Council resolution 2216 (2015) of 14 April 2015,

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

Envoy of the Secretary-General for Yemen 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, while

welcoming in this regard the positive engagement of the Government 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 Yemen,

Welcoming the acceptance by 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 fulfilment of the

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

to complete the drafting of a new constitution,

United Nations A/HRC/RES/39/21

Taking note with appreciation of Presidential Decree No. 50 of 23 August 2017, in

which the mandate of the National Commission of Inquiry was extended for a period of two

years, with a view to investigating all human rights violations since 2011,

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

indicating that the existing humanitarian emergency affects the enjoyment of social and

economic rights, and that the parties to the conflict must ensure that humanitarian aid is

facilitated and not hindered,

Noting the work carried out by the Joint Incidents Assessment Team,

1. Takes note of the report of the United Nations High Commissioner for

Human Rights on the situation of human rights in Yemen and the findings of the Group of

Eminent International and Regional Experts1 established by the Human Rights Council in

its resolution 36/31;

2. Takes note with interest of the statement and comments by the Government

of Yemen on the report of the High Commissioner;

3. Welcomes the cooperation between the Government of Yemen and the Office

of the High Commissioner and other relevant United Nations bodies and mechanisms;

4. Takes note with appreciation of the fifth report of the National Commission

of Inquiry;

5. Expresses deep concern at the serious abuses and violations of international

human rights law and international humanitarian law in Yemen committed by all parties to

the conflict, including the continued recruitment of children contrary to international

treaties, the abduction of political activists, violations against journalists, the killing of

civilians, the prevention of access for relief and humanitarian aid, the cutting of electricity

and water supplies and attacks against hospitals and ambulances;

6. Calls upon all parties to the conflict in Yemen to respect their obligations

under international human rights law and international humanitarian law to stop

immediately attacks on civilians and to ensure humanitarian access to the affected

population nationwide;

7. Expresses deep concern at all attacks against civilian objectives, in violation

of international humanitarian law, and recalls the obligations by all parties to the conflict to

take all necessary precautions to avoid and in any event to minimize harm to civilians and

civilian objects, such as schools, markets and medical facilities, and the prohibition on

attacking or destroying infrastructure and provisions that are indispensable to the survival

of the civilian population, including drinking water installations, supplies and food stuffs;

8. Urges the Government of Yemen to take measures to protect civilians, and to

take appropriate measures with a view to ending impunity for all cases involving violations

and abuse of human rights and international humanitarian law, including cases of violence

against journalists and the detention of journalists and political activists;

9. Requests all parties to the conflict 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 the conflict to reach a comprehensive agreement

to end the conflict while ensuring that women are part of the political and peacemaking

process;

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

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

conflict to cooperate with the United Nations for their reintegration into their communities;

11. Reiterates 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

1 A/HRC/39/43.

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, 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;

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

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

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

response plan for 2018 and to fulfil their pledges to the relevant United Nations

humanitarian appeal;

13. Reaffirms the responsibilities of all parties to the conflict to enable the

immediate and unhindered delivery of humanitarian assistance to all those who are in need,

in accordance of the principles of international human rights law and international

humanitarian law;

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

High Commissioner, 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;

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

building and technical assistance to the Government of Yemen and technical support to the

National Commission of Inquiry to ensure that the National Commission continues to

investigate allegations of violations and abuses committed by all parties to the conflict in

Yemen, and in line with international standards, and submits 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;

16. Also requests the High Commissioner to present a written report on the

implementation of technical assistance, as stipulated in the present resolution, to the Human

Rights Council at its forty-second session.

41st meeting

28 September 2018

[Adopted without a vote.]