RES/39/16 Human rights situation in Yemen

GE.18-16543(E)



Human Rights Council Thirty-ninth session

10–28 September 2018 Agenda item 2

Resolution adopted by the Human Rights Council on 28 September 2018

39/16. Human rights situation 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,

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

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 and its handling of the proposals made by the Special Envoy of the Secretary-General

for Yemen, Martin Griffiths, and encouraging it to continue its efforts to achieve peace and

stability in Yemen,

Reiterating its strong support for the ongoing 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,

United Nations A/HRC/RES/39/16

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

March 2018 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 the 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,

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 human rights situation 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 the fourth

and fifth reports by the National Commission of Inquiry in January and August 2018,

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 office and judiciary to complete judicial proceedings, to achieve

justice and hold those responsible for abuses and violations accountable as soon as possible,

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

Taking note of the report of the High Commissioner containing the findings of the

Group of Eminent International and Regional Experts and a summary of the technical

assistance provided by the Office of the High Commissioner to the National Commission of

Inquiry,2

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;

1 S/PRST/2018/5.

2 A/HRC/39/43.

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;3

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, 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

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

response plan for 2018;

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

3 A/72/361-S/2017/821.

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

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

12. Decides to extend the mandate of the Group of Eminent International and

Regional Experts for a further period of one year, renewable as authorized by the Human

Rights Council;

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

a comprehensive written report to the High Commissioner for presentation to the Human

Rights Council at its forty-second session, to be followed by an interactive dialogue;

14. 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;

15. Requests the Secretary-General and the High Commissioner to continue 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;

16. Requests the High Commissioner also to continue to provide substantive

capacity-building, technical assistance and 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;

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

Council, at its fortieth 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 forty-second session a written 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.

41st meeting

28 September 2018

[Adopted by a recorded vote of 21 to 8, with 18 abstentions. The voting was as follows:

In favour:

Australia, Belgium, Brazil, Chile, Côte d’Ivoire, Croatia, Ecuador, Germany,

Hungary, Iceland, Mexico, Panama, Peru, Qatar, Republic of Korea, Slovakia,

Slovenia, Spain, Switzerland, Ukraine, United Kingdom of Great Britain and

Northern Ireland

Against:

Burundi, China, Cuba, Egypt, Pakistan, Saudi Arabia, United Arab Emirates,

Venezuela (Bolivarian Republic of)

Abstaining:

Afghanistan, Angola, Democratic Republic of the Congo, Ethiopia, Georgia,

Iraq, Japan, Kenya, Kyrgyzstan, Mongolia, Nepal, Nigeria, Philippines,

Rwanda, Senegal, South Africa, Togo, Tunisia]