A/HRC/30/31
Committee to Counter Human Trafficking, chaired by the Minister for Human Rights, met
several times during the period under review. Legislation criminalizing human trafficking
was drafted by the Ministry of Justice, reviewed by the Committee, commented on by
United Nations entities and submitted to the Parliament for review and enactment. At
August 2015, the draft bill was still pending parliamentary endorsement.
G.
Marginalized groups
77.
Yemen does not recognize in its legislation the marginalized status of some minority
groups, who continue to suffer from discrimination, in particular the Muhamasheen (also
known as Al-Akhdam), a social group whose exact number remains unknown (according to
unofficial sources, there are between 500,000 and 3.5 million Muhamasheen in Yemen).
The group has no political representation at the national level and suffers from extreme
levels of social stigma and discrimination, which exacerbates their socioeconomic
exclusion and poverty. For centuries, they have been excluded from mainstream society,
and they continue to be subjected to severe forms of descent-based discrimination. The
Muhamasheen mainly reside in underdeveloped neighbourhoods in the outskirts of Sana’a,
Aden, Taizz, Lahij, Al-Abyan, Al-Hudaydah and Al-Mukalla. According to a national
statistical and population monitoring survey conducted in 2012, the illiteracy rate among
the Muhamasheen community is around 90 per cent. Women and children are forced to beg
in rural areas, and to work as entertainers at weddings or community ceremonies. The
Government has also failed to adopt legislation criminalizing abuses against them, which
serves to reinforce discriminatory practices. The Muhamasheen community successfully
advocated for its rights during the National Dialogue Conference, particularly with regard
to participation in the public sphere.18 The Working Group on Rights and Freedoms of the
Conference recommended a 10 per cent participation of persons from the Muhamasheen
community in employment in public services, as well as equal access in leadership and
decision-making positions. Despite the community’s advocacy efforts, supported by
OHCHR and other actors, this minimum participation quota was not included in the first
draft Constitution.
H.
Accountability and transitional justice
78.
Progress in setting up accountability and transitional justice mechanisms was
severely hampered by instability and violence. Throughout the period under review,
governance and security continued to be affected, a situation compounded by the ongoing
denial of social equity and justice, and a lack of basic services.
79.
In 2014, the draft law on transitional justice and national reconciliation was further
amended to bring it into line with the outcomes of the National Dialogue Conference. The
final draft did not, however, include any provisions on accountability and therefore did not
comply with international norms and standards. It sought rather to further strengthen
immunities for high officials and to establish a mandate for a transitional justice
commission. As the end of the period under review, the draft law had not been adopted.
80.
Furthermore, a commission of inquiry mandated at the National Dialogue
Conference to investigate allegations of human rights violations committed during the
events of 2011 has still not become operational, given that its members have never been
appointed by the President. In addition, the work of the Land and Dismissals Commissions
18
See A/HRC/24/34, paras. 4-5.
15
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