A/HRC/42/17
I. Introduction
1.
In its resolution 36/31, the Human Rights Council requested the United Nations High
Commissioner for Human Rights to establish a group of eminent international and regional
experts to monitor and report on the situation of human rights in Yemen. The Council
mandated the Group to conduct a comprehensive examination of all alleged violations and
abuses of international human rights and other appropriate and applicable fields of
international law committed by all parties to the conflict since September 2014, to establish
the facts and circumstances surrounding the alleged violations and abuses and, where
possible, to identify those responsible.
2.
In December 2017, the High Commissioner appointed Kamel Jendoubi (Tunisia)
(Chair), Charles Garraway (United Kingdom of Great Britain and Northern Ireland) and
Melissa Parke (Australia) as the experts. Following the submission by the Group of Experts
of its report to the Human Rights Council at its thirty-ninth session (A/HRC/39/43), the
Council, in its resolution 39/16, extended the mandate of the Group for a further year, and
requested it to submit a comprehensive report to the High Commissioner for presentation to
the Council at its forty-second session.
II.
Methodology
3.
In the present report, the Group of Experts addresses incidents and patterns in Yemen
since September 2014, including certain emblematic situations that arose between September
2014 and June 2018 not covered by the Group in its first report, and incidents and patterns
occurring between July 2018 and June 2019 as part of the ongoing conflict. In accordance
with its mandate, the Group identifies, where possible, those responsible. Owing to the
restrictions placed on its access and the limited time and resources available to it, the Group
continued to prioritize incidents on the basis of the gravity of allegations. The findings
presented do not reflect actual numbers of violations likely to have been committed, but
represent only a small sample of the violations committed since September 2014.1
4.
In January 2019, the Group addressed its requests for submissions to the Government
of Yemen, the de facto authorities2 and the coalition led by Saudi Arabia and the United Arab
Emirates supporting the Government of Yemen.3 In February 2019, the Group of Experts
issued an online call for submissions by 1 June 2019. The Group addressed further written
requests for specific information to the coalition on 25 March, to the Government of Yemen
on 29 March, to the de facto authorities on 10 April, and to all of them on 1 July. As at 24
July, only the de facto authorities had responded. The Group also considered responses from
the coalition and the Government of Yemen received in 2018, and letters received from the
Governments of Yemen, Saudi Arabia and the United Arab Emirates addressed to the Human
Rights Council and senior United Nations officials detailing their positions on the findings
of the Group of Experts outlined in its report (A/HRC/39/43).
5.
Consistent with established evidentiary standards of United Nations fact-finding
bodies, the Group of Experts adopted the “reasonable grounds to believe” standard of proof.
It undertook fact-finding practices aimed at ensuring the safety and security of witnesses and
victims.
1
2
3
2
A conference room paper containing the detailed findings of the Group of Experts
(A/HRC/42/CRP.1) will be made available on its webpage at
www.ohchr.org/EN/HRBodies/HRC/YemenGEE/Pages/Index.aspx.
Following its previous practice, in the present report the Group of Expert uses the term “de facto
authorities” to refer to the authorities based in Sana’a, where Ansar Allah as a political movement is
the main actor (supported by former President Saleh until his killing in December 2017). The de facto
authorities are supported by an armed group, referred to as the “Houthis”, which includes affiliated
Popular Committees. Prior to the death of President Saleh, these armed groups were referred to as
“Houthi-Saleh” fighters.
At the time of its formation, in March 2015, the coalition included Bahrain, Egypt, Jordan, Kuwait,
Morocco, Qatar, Saudi Arabia, Senegal, the Sudan and the United Arab Emirates. Qatar left the
coalition in June 2017; Morocco reportedly left in February 2019.
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