A/HRC/30/31
documented. Even though appointed monitors could not always identify the group
responsible for the recruitment of children, reports indicate that both government and nonState armed groups – including the Popular Committees and the tribal militias affiliated
with the Islah party – are recruiting and using children as soldiers.
70.
Under international law, the use and recruitment of children in armed conflict is
strictly prohibited. The use of children below 15 years of age in active hostilities is a war
crime.
71.
OHCHR observed that, while the pattern of child marriage has been declining, it
remains a common practice, affecting around 10 per cent of girls under the age of 15.16
Early marriage, a practice that contravenes international human rights law, is perpetuated
by the lack of a legislative framework that identifies the minimum age of marriage and
persisting traditions. Following advocacy efforts by UNICEF and OHCHR, language was
included in the draft Constitution stipulating the minimum age for marriage as 18 years.
F.
Refugees, migrants, asylum seekers and internally displaced persons
72.
During the period under review, large numbers of refugees, asylum seekers and
migrants continued to arrive in Yemen. While a signatory to the Convention relating to the
Status of Refugees, Yemen has not incorporated the Convention into national law nor has it
established a procedure for determining refugee status. In the absence of such legislation,
the legal status of asylum seekers and refugees has been governed by a combination of
decrees and provisions. While the authorities may grant refugee status on a prima facie
basis to Somali refugees, the Office of the United Nations High Commissioner for
Refugees (UNHCR) determines refugee status for all other asylum seekers.
73.
The scale and intensity of the conflict has left thousands of undocumented migrants
trapped and deprived of basic resources and attention. According to UNHCR and the
International Organization for Migration, more than 4,000 migrants arrived from the Horn
of Africa in April 2015 alone.
74.
On 20 April 2015, the Protection Cluster formed a task force on population
movements to better coordinate partners’ efforts in collecting and disseminating consistent
and reliable data on internally displaced persons in Yemen. Since the beginning of the
aerial bombardment by coalition forces on 26 March 2015, the total number of displaced
persons has increased to approximately 1 million.17 Furthermore, during the period under
review, documented incidents of administrative detention of newly arrived immigrants
appear to have increased. OHCHR understands that a large proportion of those detained are
being held in overcrowded facilities.
75.
During the period under review, hundreds of men, women and children continued to
be victims of human trafficking into and from Yemen. OHCHR discovered numerous cases
of displaced persons, including children, reportedly kidnapped in camps and subsequently
trafficked abroad. Refugee women and children are at particular risk, and are often
kidnapped for ransom. Cases of physical and sexual violence against men and boys were
also reportede along the coast of the Red Sea. Smuggling and trafficking gangs have been
reportedly operating with impunity in Yemen.
76.
Progress was recorded in the Government’s efforts to set up institutional
mechanisms to counter human trafficking. Established in 2013, the National Technical
16
17
14
UNICEF, Situation Analysis of Children in Yemen 2014.
2015 Yemen Humanitarian Needs Overview, 23 June 2015.
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