A/HRC/21/37
the country. Though major political forces have agreed to the immunity of the former
President for the sake of a political settlement, the controversy over the amnesty law still
rages in the various sectors of Yemeni society; indeed some important groups do not feel
bound by either the Gulf Cooperation Council initiative or by the law.
23.
In its concluding observations on Yemen, the Human Rights Committee expressed
concern about the adoption of Law No.1/2012 granting a blanket amnesty to former
President Saleh and immunity from prosecution for all political crimes apart from acts of
terrorism to all those who served with him during his rule. The Committee requested
Yemen to repeal the law and to comply with international human rights law prohibiting
immunity for those responsible for serious human rights violations in respect of which
States are required to bring in perpetrators to justice.8
24.
The question of those killed or injured during the events of 2011, as well as redress
for victims, remained a priority for various parties concerned in the context of a broad
public debate on transitional justice. In March, President Hadi issued a decree granting a
soldier’s pension (approximately $ 150 a month) to each family of persons killed during the
protests. The Cabinet did not, however, clarify the criteria for eligibility, or whether the
Organization of Martyrs of the Revolution or the Ministry of Labour and Social Affairs
were in charge of these payments; no specific budget has been allocated by the Ministry of
Finance. The issue of the injured, some now with permanent disabilities, has not yet been
addressed. Many families complained that they had been left on their own to seek treatment
for their relatives, while the Ministry of Health faced great difficulty in responding to
desperate cases without any funds allocated.
25.
Many have argued that uncovering the truth about violations and identifying
perpetrators should precede compensation. In this context, one political leader argued that
any money given by the State to victims or their families should be regarded as an act of
sympathy or support, but certainly not as compensation or “blood money”, which would
extinguish their right to know and undertake legal proceedings.
26.
In accordance with the Gulf Cooperation Council initiative, and to balance the
negative perceptions around the immunity law, some Government officials have attempted
to launch a process of transitional justice. In February, the Ministry of Legal Affairs drafted
a law on transitional justice and national reconciliation, and presented it to the public. The
Council of Ministers formed a ministerial committee to review the law, and a revised
version was produced and submitted twice to the Cabinet in May. During the period under
review, no agreement was reached on the draft law, and the matter was referred to the
Prime Minister and the President pursuant to the implementation mechanism of the Gulf
Cooperation Council initiative.
27.
Article 3(1) of the above-mentioned draft transitional justice law affirms that “the
political transition in Yemen is based on the right to know the truth, tolerance, victims’
rights, individual and collective reconciliation, national reconciliation and the rejection of
all forms of violence and reprisal”. The draft law also envisions the establishment of an
independent justice and reconciliation commission, which would work for the achievement
of justice, pay compensation and reparation for victims, and work towards national
reconciliation. According to article 7(a) of the draft law, the commission would also have
the power to investigate all complaints and reports received of alleged human rights
violations resulting from the political conflict during the period covered by the law.
28.
One major challenge posed by the draft law is the fact that it was drafted in the
context of the amnesty law, and therefore does not provide for judicial accountability.
8
Ibid.
9
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