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 15

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