RES/33/16 Technical assistance and capacity-building for Yemen in the field of human rights

GE.16-17222(E)



Human Rights Council Thirty-third session

Agenda item 10

Resolution adopted by the Human Rights Council on 29 September 2016

33/16. 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,

Reaffirming the Universal Declaration of Human Rights, and recalling relevant

international human rights treaties,

Confirming 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 and 30/18 of 2 October

2015,

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

Recognizing that the promotion and the protection of human rights are key factors in

ensuring a fair and equitable justice system and, ultimately, reconciliation and stability for

the country,

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 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 results of the meeting of Yemeni political parties in Riyadh on

17 May 2015 and their commitments to find a political solution to the conflict in Yemen on

the basis of the Gulf Cooperation Council initiative, the outcomes of the National Dialogue

Conference and Security Council resolution 2216 (2015), and the efforts of the Secretary-

General and of his Special Envoy for Yemen,

United Nations A/HRC/RES/33/16

General Assembly

Welcoming further the positive engagement of the Government of Yemen in the

Kuwait-hosted peace talks and its cooperation with the Special Envoy of the Secretary-

General for Yemen, and encouraging the Government to continue its efforts to realize peace

and stability in Yemen,

Recalling its call for an investigation into all cases of violation and abuse of human

rights, and the relevant calls made by the United Nations High Commissioner for Human

Rights,

Noting the release of the preliminary detailed report by the national commission to investigate alleged violations of human rights in August 2016, and welcoming the extension

of the mandate of the national commission for one more year, in accordance with

Presidential decree No. 97 of 24 August 2016, in order for the commission to be able to

accomplish its mandate,

Noting with concern the level of cooperation between the national commission and

the Office of the High Commissioner,

Welcoming the work of the national commission, as embodied in its preliminary

report, and encouraging it to continue to work intensively towards the completion of its task

during the specified period, in accordance with Presidential decree No. 97,

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

also that the parties to the conflict must ensure that humanitarian aid is facilitated and not

hindered,

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

Human Rights on the situation of human rights in Yemen1 and of the debate held by the

Human Rights Council at its thirty-third session, notes with interest the statement and

comments made by the Government of Yemen on the report, and welcomes the willingness

of the Government to cooperate with the United Nations and the Office of the High

Commissioner;

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

human rights law and applicable international humanitarian law in Yemen, including those

involving the continued recruitment of children, the abduction of political activists,

violations against journalists, the killing of civilians, attacks on civilian infrastructure,

including hospitals and ambulances, the prevention of access for relief and humanitarian

aid, and the cutting of electricity and water supplies;

3. Calls upon all parties to respect their obligations under international human

rights law and international humanitarian law, to stop immediately attacks targeting

civilians and to ensure humanitarian access to the affected population nationwide, and also

to facilitate the delivery of basic humanitarian goods and services;

4. Calls upon the Government of Yemen to take further measures to protect

civilians, and to ensure the continued efforts of effective investigation by the national

commission, in order to, inter alia, end impunity;

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

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

situation and which contains specific concerns and places particular demands on

Ali Abdullah Saleh and the Houthi militias to release political prisoners and journalists and

to engage in the political process in an inclusive, peaceful and democratic way, ensuring

1 A/HRC/33/38.

that women are part of the political and peacemaking process, calls upon Mr. Saleh and the

Houthi militias to meaningfully engage with the Special Envoy of the Secretary-General for

Yemen, and encourages all parties to reach a comprehensive agreement that will end the

conflict;

6. Demands that all Yemeni 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

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

consideration the relevant recommendations made by the Secretary-General in his reports

on children and armed conflict;

7. Reiterates the commitments and obligations of the Government of Yemen to

promote and protect 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, 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;

8. Expresses deep concern at the deteriorating human rights and humanitarian

situation in Yemen, expresses its appreciation to donor States and to organizations working

on improving the humanitarian situation, and calls upon the international community to

provide financial support for the Yemen humanitarian response plan for 2016 and to fulfil

its pledges to the relevant United Nations humanitarian appeal;

9. 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 in accordance with the priorities set by the Yemeni

authorities;

10. Requests the High Commissioner to provide substantive technical assistance and advice, including in the areas of accountability and legal support, to enable the national

commission to complete its investigatory work concerning allegations of violations and

abuses committed by all relevant parties in Yemen to fulfil its mandate in line with

international standards and finalize its comprehensive report on all alleged human rights

violations and abuses before the thirty-sixth session of the Human Rights Council, with

both the national commission and the Office of the High Commissioner continuing to

strengthen and improve their cooperation;

11. Also requests the High Commissioner to allocate additional international human rights experts to the Office of the High Commissioner in Yemen to complement the

investigatory work of the national commission, while collecting and preserving information

to establish the facts and circumstances of alleged violations and abuses, and encourages all

parties to facilitate access and cooperation with the national commission and the Office of

the High Commissioner;

12. Further requests the High Commissioner to present to the Human Rights

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

Yemen, and the developments in the implementation of the present resolution, and to

present to the Council, at its thirty-sixth session, a written report on the situation of human

rights, including violations and abuses since September 2014, and on the implementation

of technical assistance as stipulated in the present resolution.

39th meeting

29 September 2016

[Adopted without a vote.]