A/HRC/24/34
the Government of Yemen officially agreed on the Paris Commitments to end the
recruitment and use of children by armed forces and groups in conflict; and the adoption of
Cabinet resolution No. 1 2013 to review implementation of Yemeni commitment to end
child recruitment in armed conflict. An interministerial committee chaired by the Minister
of Legal Affairs including the Ministers of Defence, Interior and Human Rights was
established to implement the Government’s commitments, by developing an action plan to
end the recruitment and use of children. However, despite such progress, child recruitment
and use is ongoing. In the 2012 Secretary-General’s report on children and armed conflict
(A/67/845-S/2013/245), Ansar al-Sharia was added to the list of those who systematically
recruit and use children among their forces.32
39.
During the reporting period two juvenile offenders were executed after being
convicted of murder.33 According to UNICEF, there are currently 31 minors on death row,
and the President has endorsed the sentence for four of them. Over 150 minors are at high
risk of receiving the death sentence if no immediate action is taken.
40.
According to the Penal Code, courts may sentence juveniles convicted of murder
only to a maximum of 10 years in prison and the Yemeni Juvenile Welfare Law requires
courts to refer children 15 years of age and younger to the juvenile court system. This,
however, leaves many juvenile offenders to defend their cases before adult criminal courts.
In addition, sentences are often imposed on the basis of forced confessions or confessions
given without having had access to legal counsel.
41.
The issue of birth registration is considered one of the main challenges for the
enjoyment of rights by children in Yemen such as the right to fair trial and protection from
death penalty. According to information received by UNICEF, in 2006, the birth
registration rate amounted to only 22.3 per cent and the registration of children within their
first year accounted for just 21 per cent of the total registered births. Most minors in prison
lack birth certificates, which poses difficulties for the determination of the age of juveniles
at the time they committed an offence. In June 2013, the Minister of Justice created a
Specialised Forensic Technical Committee, composed of three doctors. The Committee is
mandated, inter alia, to assess the age of those accused of serious offences whose penalty
may result in capital punishment where there is doubt about their ages at the time of the
perpetration of the offence and to supervise and evaluate the cases of children appearing
before courts in penal cases during investigation and the sentencing stages.
32
33
12
The so-called “name and shame list”. Since 2011, Yemen and its parties to the conflict has been
listed. Currently the Al Houthi Movement, Government forces which includes Yemeni Armed Forces,
the First Armoured Division, military police, the special security forces, the Republican Guards, and
pro-Government militias (the Popular Committees), and Ansar al-Sharia are listed in this annex
(A/67/845-S/2013/245, annex I). However, the list predates the restructuring of the Armed Forces of
April 2003 (see para. 14 of the present report) that abolished the First Armoured Division and
Republican Guards.
Hind al-Barti (aged 15 at the time of the offence) was executed on 3 December 2012 and Muhammad
Haza’a (under 18 at the time of the offence) was executed on 9 March 2013. In December 2012, the
Chairperson of the Committee on the Rights of the Child expressed deep dismay over the execution of
Ms. Al-Barti. Noting that death sentences had already been imposed on 21 other juveniles aged under
18 at the time the offences occurred, the Chairperson of the Committee issued an urgent appeal to the
Government of Yemen to both immediately halt all executions and take “effective measures to
remove juvenile prisoners from death row.” See “UN Committee expresses its deep dismay
concerning the continuing child executions in Yemen”, press release, Geneva, 12 December 2012.
Available from
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=12886&LangID=E.
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