A/HRC/24/34
trial guarantees. In spite of demonstrations and sit-ins by journalists calling for his release,
the Government has not taken any action beyond promising to consider the matter.
D.
Judiciary
35.
Judges have continued to hold strikes during the reporting period, demanding
increased physical security, a better working environment and improved living conditions.
In April 2013, a two-week strike was held by judges in the Sana’a Governorate in protest of
increased threats and physical assaults. Strikes were also held in various southern
governorates in May and June 2013. Some 50 cases where judges were threatened by
Government officials, security forces, tribal sheiks or unknown groups were reported.
Security concerns have been also raised, particularly for commissioners and judges of
special commissions, i.e. the property and dismissal commissions in southern Yemen. The
Government recently brought to justice a number of perpetrators linked with physical
assault and threats against judges.
36.
On 14 May 2013, the Parliament adopted the draft amendment to the Judicial
Authority Law, which had been under consideration for some time and provides for more
independence of the Supreme Judicial Council from the executive power. In this regard,
concerns have been raised about the independence and competence of the judiciary to
adjudicate disputes in the next elections. At the time of writing the present report, the
amendment is still awaiting endorsement by the President. Meanwhile, on 26 May 2013,
the Constitutional Court issued a ruling declaring around 35 articles of the abovementioned Judicial Authority Law unconstitutional, thus exerting pressure on the
Government to expedite the process and fill the legal vacuum.
E.
Children’s rights
37.
In 2012, the peaceful transfer of power and the start of the two-year transitional
Government contributed to a decrease of grave violations against children, specifically
killing and maiming through live ammunition, which had also affected children. For
instance, child casualties due to mines, unexploded ordnance, explosive remnants of war,
improvised explosive devices and suicide attacks increased especially in the conflict
affected area of the Governorate of Abyan and peaked in the third quarter of 2012, with a
reduction after Mine Action Teams had access to those areas.30
38.
Some tangible progress to prohibit child recruitment was recorded in 2012,
especially following the visit of the Special Representative of the Secretary-General for
Children and Armed Conflict in November 2012. Noteworthy are the steps taken by the
Government to prohibit the practice, particularly the comprehensive revision of national
legislation related to military laws;31 Cabinet resolution No. 212 (2012), according to which
30
31
According to the United Nations Children’s Fund (UNICEF), during the reporting period, 80 children
(73 boys, 7 girls) were either killed (20 boys, 2 girls) or maimed (53 boys, 5 girls) due to mines,
unexploded ordnance, explosive remnants of war, improvised explosive devices and suicide attacks.
Police Law No. 15 of 2000 and its amendments, Law No. 22 of 1990 on the mandatory National
Defence Service, Law No. 23 of 1990 regarding the general reserve, Law No. 35 of 1992 regulating
military academies, Law No. 67 of 1991 regarding service in the Armed Forces and Law No. 21 of
1998 on the Military’s Penal Code. Several proposals were submitted with amended texts, including
resetting the age of voluntary recruitment in the Armed Forces at 18, imposing intensive sanctions for
the recruitment of children under 18 and enlisting the six gross violations against children as war
crimes in the military Penal Code.
11
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