A/HRC/45/CRP.7
➢
Rehabilitation (measures that aim to mend the physical and/or psychological injury
caused to a victim by the violation of a right and promote their social reintegration);
➢
Satisfaction (e.g. searching for the disappeared, providing the facts regarding violations);
and
➢
Guarantees of non-repetition.616
405. Measures of reparation should be designed with the participation of victim
communities and with appropriate gender awareness.617 Reparations may take a material
form (e.g., monetary payments, provision of particular assistance such as health care,
education, housing) and/or a symbolic form (e.g., official apologies, commemorative
measures). Reparations are designed to do justice to victims, but also to contribute to the reestablishment of broader norms, including justice.618 It is important for reparations to be
implemented in an integrated fashion with other initiatives (e.g., prosecutions) and to ensure
that reparations are not seen as a payment for the silence of victims and their families.
Reparations may also be directed at rectifying historic, systemic and/or collective violations
and abuses experienced by communities and regions. While recognising that certain aspects
of reparations may be more properly addressed during a post-conflict phase (e.g., setting up
institutions such as a truth commission), there are many aspects of reparations that can be
commenced even while the conflict is ongoing. The Group of Experts is concerned that
parties to the conflict are not prioritising this aspect of addressing victims’ rights.
(a) Government of Yemen
406. The Government of Yemen, has been involved in a scheme jointly with the coalition
to provide monetary payments and medical assistance to victims of particular airstrikes (see
further below).
407. In relation to other initiatives, in Yemen’s report prepared in late 2018 for its
Universal Periodic Review before the Human Rights Council, reference was made to a
scheme providing “support and assistance” to the families of those who have been “detained
and disappeared by the militias”, as well as a scheme to provide care for the families of
“martyrs” and treatment for injured persons.619 It is unclear, however, if these additional
programmes are limited to victims from 2011 or extend to victims from the 2015-2020
conflict. In its correspondence with the Government of Yemen, the Group of Experts
requested information as to any reparations schemes in place. As of the time of preparation
of this report, no further response had been received. However, during the course of its
investigations, most victims of violations with whom the Group interacted had not received
assistance, nor were aware of any relevant options, indicating either that broader schemes do
not apply to the 2015-2020 conflict, or are not accessible to most victims.
(b) De Facto Authorities
408. Previous correspondence from the de facto authorities to the Group of Experts
indicated that as of May 2019, no payments had been made to individuals. They stated that
their “armed forces [had]…not committed any crimes requiring compensation to victims”.620
In 2020, the Group of Experts sought further information concerning any reparations schemes
in place, as well as details of any distributed payments to victims of violations. As of the time
of preparation of this report, no information had been received. The Group of Experts
understands, however, that the de facto authorities are taking some initiatives in this field. In
January 2020, the Cabinet of the de facto authorities reportedly approved the establishment
of the Families of the Martyrs Care Fund and entrusted the Ministers of Legal Affairs and
Financial Affairs to prepare regulations for the funds and determine the means of financing.
616
These measures are further outlined in the Basic Principles and Guidelines on the Right to a
Remedy and Reparations for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law.
617 See OHCHR, Rule-of-Law Tools for Post-Conflict States: Reparations Programmes (2008), and
Guidance note of the Secretary-General: Reparations for Conflict-Related Sexual Violence (2014).
618 OHCHR, Rule of Law Tools for Post Conflict States: Reparations Programmes (2008), p10.
619 Government of Yemen’s UPR Report (2018), paras. 44-46.
620 Houthi Response to List of Issues, 31 May 2019.
103
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