A/HRC/45/57
enhanced gender parity and geographical representation in the composition of the National
Commission, and improved the administration of data and the protection of information.
53.
Owing to the outbreak of the COVID-19 pandemic and the restrictions imposed in
order to prevent the spread of the virus in Yemen, including the banning of gatherings and
of travel to and from Yemen, OHCHR has been unable to carry out the activities to enhance
the capacity of the National Commission that had been planned to be conducted between
April and August 2020.
54.
OHCHR stands ready to resume those activities as soon as conditions allow it to do
so. In the meantime, it is exploring new ways of providing support, including remotely, to
the National Commission.
55.
The High Commissioner reiterates the readiness of OHCHR to continue providing
substantive technical assistance and advice to the National Commission, including to
strengthen its capacity to investigate and report on allegations of violations and abuses
committed by all parties of the conflict in Yemen, in line with international standards.
IV. Conclusions and recommendations
56.
The conflict in Yemen has caused the world’s worst humanitarian crisis, which
has been exacerbated by the outbreak of COVID-19. The population remains trapped
in a protracted armed conflict and in other forms of violence, which entail serious
human rights violations and abuses and violations of international humanitarian law.
57.
The National Commission and its fact-finding work are essential to address the
persistent impunity in Yemen. It is therefore crucial for the National Commission to
ensure that it is structurally and functionally independent, impartial and transparent
in assessing the conduct of all parties to the conflict. It is also essential for the National
Commission to be effective in its investigations, with findings backed by a thorough
legal analysis grounded in international law.
58.
OHCHR takes note of the willingness of the National Commission to continue
enhancing the capacity of its commissioners and staff, including in cooperation with
OHCHR. It also acknowledges progress in the work of the National Commission, such
as improved reporting on different types of human rights violations and abuses by all
parties to the conflict.
59.
With a view to strengthening the effectiveness and impact of the National
Commission, the High Commissioner makes the following recommendations.
60.
All parties to the conflict should:
(a)
Fully cooperate with the National Commission so that it can safely and
effectively fulfil its mandate, notably by granting it access to all areas of Yemen,
including all places of deprivation of liberty, and providing it with all the information
it requests;
(b)
Implement all the recommendations made in the previous reports of
OHCHR and of the Group of Eminent International and Regional Experts to the
Human Rights Council to effectively pursue accountability for human rights abuses
and violations and violations of international humanitarian law by all parties to the
conflict.
61.
The Government of Yemen should:
(a)
Consider strengthening the mandate of the National Commission to
ensure that it can effectively fulfil its role as an independent mechanism;
(b)
Provide the National Commission with sufficient financial resources to
enable it to expand its outreach and accessibility, including by opening sub-offices
across Yemen;
(c)
Take adequate and effective measures to protect victims and witnesses
who cooperate with the National Commission from any form of intimidation and
reprisal, and provide safe spaces where they can have privacy to speak with the
commissioners and staff of the National Commission;
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