A/HRC/45/CRP.7
Plans include the allocation of land to family of martyrs and the wounded, as well as
education grants and employment opportunities for the children of martyrs and the wounded.
Medical treatment grants are also to be allocated to these families. It is understood that the
health and education aspects of these programmes have commenced, but that other aspects
await the preparation and passage of relevant regulations and relevant financing. The Group
of Experts has not had access to documentation clarifying the definition of “martyrs” or
“wounded”, however, reportedly the definition only applies to individuals and families
affiliated with the Houthis. The Group encourages the relevant authorities to adopt a broad
approach so as to encompass definitions of victims in line with international standards.
(c) Coalition
409. The coalition, in conjunction with the Government of Yemen, has established a
scheme to provide some payments to victims of some incidents, though there remain concerns
as to the practical implementation of these schemes. In responding to the Group of Eminent
Experts’ reports, the coalition have referred to their establishment of a joint fund to provide
“voluntary aid” in cases in which “mistakes” during military operations have caused
collateral damage.621 JIAT press releases refer to recommendations for payments in cases of
airstrikes in which there has been a breach of relevant rules, that is, the cases referred to
military court-martial (phrased variously in terms of “compensation”, “redress” or “financial
assistance”), and in cases of technical error (usually phrased in terms of “financial
assistance”). Payments have also been recommended in a small number of other cases for
humanitarian reasons.
410. The Group of Experts sought further information from JIAT as to payments, including
the process for the payments, the quantum and the breakdown of victims. As of the time of
preparation of this report, no information had been made available. From other inquiries
made by the Group of Experts, it would appear that some payments have been made through
the auspices of the Joint Committee for Distribution of Humanitarian Assistance. Concerns
have been raised about the efficiency of distribution systems (including the coordination
between the Government of Yemen and the coalition, the accuracy of beneficiary lists and
the modalities and delays in payments).622 The Group of Experts encourages resolution of
these issues as soon as possible. The Group of Experts is also aware of the transfer abroad
for medical treatment of many severely or critically injured civilians (including a number
injured in airstrikes investigated previously by the Group of Experts) through collaboration
between the King Salman Humanitarian Aid and Relief Centre and the World Health
Organisation. Despite these initiatives, the Group of Experts is concerned that the schemes
are not sufficiently broad in scope (e.g., to cover all gross violations of human rights or
serious violations of international humanitarian law) and are too selective in nature and
application to represent adequate reparations according to international human rights
standards.
Conclusion
411. From the information available to it, the Group of Experts considers that insufficient
attention is being paid to the provision of adequate reparations to victims of violations. The
Group of Experts encourages relevant authorities to prioritise the development of schemes
that reflect the range of alleged serious violations that have occurred and are in line with
international standards. While recognising that some aspects of reparations may need to
await a post-conflict period, the Group of Experts considers that there are further measures
that should be taken as a matter of urgency. These include: e.g., reviewing the nature and
scope of existing schemes, including financial assistance; broadening the provision of
immediate assistance to include ongoing medical assistance and psychosocial support;
developing more comprehensive programmes to support and rehabilitate victims; and
In the response of the coalition to the Group of Experts’ 2018 report, reference was made to aid for
“proven mistakes”. In their response to the 2019 report, reference was made to assistance for those
affected by “military operations that have been unintentionally mistaken”: Statement of official
spokesperson, Colonel Turki Al-Malki of 5 September 2019.
622 Confidential sources on file.
621
104
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