A/HRC/45/57 B. Composition 6. The National Commission is composed of nine commissioners, currently five men and four women; four commissioners are from northern governorates and five, including the Chair, are from southern governorates. There are four judges, three lawyers and two university professors among the commissioners. 7. The National Commission reports directly to the President of Yemen, who also appoints all commissioners. While the presidential decrees and the internal regulations of the National Commission do not describe the process of selecting the commissioners, the criteria for their selection are listed in Presidential Decree No. 140 of 2012 (art. 1). C. Secretariat 8. According to the information received from the National Commission, its secretariat consists of 29 staff members, including 8 women. The staff have various functions, namely human rights monitors, investigators, communication officers and administrative staff. 3 However, there remains a lack of adequate capacity in international human rights law and international humanitarian law among the staff. The headquarters of the National Commission is in Aden, while 40 field monitors,4 including 15 women,5 are deployed in 20 out of the 22 governorates in the country.6 D. Resources 9. International standards recommend that a commission of inquiry be provided with transparent funding to ensure that its independence is never in doubt. 7 Article 6 of Presidential Decree No. 140 of 2012 concerning the financial regulations of the National Commission states that funding will be provided by the Government of Yemen, donations from other governments and international human rights bodies, and grants from foreign entities to support the activities of the Commission. 10. According to the Government, every four months, the Commission provides a detailed financial report to the Presidency, the Prime Minister and the Minister of Finance. In addition, it submits an annual report to the Presidency. In June 2019, the Commission contracted an independent audit office to examine its expenditures. However, owing to the unstable security situation in Aden, the audit was suspended one month after the contract was signed.8 E. Progress achieved and challenges facing the National Commission 11. The National Commission has been facing considerable challenges since its establishment, including security and political constraints, which have significantly impeded its ability to safely and freely conduct comprehensive investigations in accordance with its mandate. 12. The de facto authorities have not granted the National Commission access to the areas they control, and they have been refusing to cooperate with it on the grounds that its commissioners and staff are appointed by the Government of Yemen. Nevertheless, the presence of field monitors in some areas controlled by the de facto authorities has enabled the Commission to document and investigate human rights violations and abuses in those areas to some extent. 3 4 5 6 7 8 The National Commission shared with OHCHR a list of the 29 staff of its secretariat and information about its 40 field monitors appointed by the commissioners. One additional field monitor compared to the previous reporting period. See A/HRC/42/33, para. 8. Five additional women compared to the previous reporting period. See A/HRC/42/33, para. 8. Field monitors are not present in Mahrah and Socotra governorates. Updated set of principles for the protection and promotion of human rights through action to combat impunity, principle 11 (a). Information provided by the Government of Yemen. 3