A/HRC/21/37
H.
Cooperation with the Office of the High Commissioner
56.
In its report on its assessment mission, OHCHR recommended that the Government
strengthen its cooperation with OHCHR and expedite the establishment of a national
human rights institution in line with the Paris Principles (A/HRC/18/21, para. 88). The
Government of Yemen has been proactive, working closely with OHCHR towards the
establishment of an OHCHR office in Yemen. On its part, OHCHR initially deployed a
staff member to the United Nations country team pending the establishment of the office.
57.
OHCHR has also provided detailed comments on the draft laws on transitional
justice and the national commission of inquiry, which were accepted by the Government.
With regard to the establishment of a national human rights institution, the Government
formally made a decision, in April 2012, to establish a national institution and mandated a
ministerial committee led by the Minister for Human Rights to develop the modalities for
its establishment. A draft law has been prepared and commented upon by OHCHR, and
consultations with civil society organizations and other interlocutors are ongoing.
V. Conclusions and recommendations
58.
The delegation noted the positive political developments, most notably the
election of a President and the ongoing preparations for the national dialogue, which
should form the basis for a democratic process leading to the establishment of the
Constitution. The delegation also took note of the draft decree on the creation of a
commission of inquiry to investigate human rights violations during the events of
2011, and the draft law on transitional justice. The delegation regrets that no
agreement has yet been reached on either of the draft laws.
59.
The delegation furthermore noted the active cooperation of the Government of
Yemen with OHCHR and the positive steps taken towards the establishment of an
independent human rights institution, and welcomes the fact that a number of senior
officials expressed their willingness to anchor respect for human rights and
accountability in the new institutional set-up.
60.
The delegation nonetheless noted concerns that investigations into past
violations remained selective and lacked credibility, and that the Government has not
reached a consensus over the draft decree establishing a national commission of
inquiry. In addition, an amnesty law was adopted by the Parliament granting former
President Saleh and all officials who worked him absolute immunity from
prosecution. The law has caused an outcry nationally and is violates the State’s
international obligations.
61.
The delegation received information from a variety of sources suggesting that a
number of individuals continued to be detained by Government security forces
without due process, and that armed opposition groups continued to detain persons
illegally. In addition, the Government has not issued or consolidated any list of
persons released or still in detention, a factor that has contributed to uncertainty and
mistrust in the justice system.
62.
While noting the drop in the use of violence against peaceful protesters and
journalists in Yemen, the delegation remains concerned that these categories
continued to be subjected to harassment and threats or attacks by armed forces, in
full impunity.
63.
The delegation also recorded as a positive development the increasing number
of civil society organizations legally registered, even though some reported the
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