A/HRC/42/CRP.1
boys in Mudhafer district. However, they are still present in Hael School.1137 Sources have
stated that despite the military use of these schools, the Government of Yemen has tried to
continue the education for the children and it has reallocated those students to neighbouring
schools.
723. Education during armed conflict provides both social and physical protection for
children and also lessens the psychosocial impacts of war on children. The Group of
Experts has concerns that the parties to the conflict have failed to take all feasible
precautions to avoid locating military objects near civilians and they have blurred the
distinction between civilian and military objects in using schools for military operations,
both in violation of the principle of distinction. Parties to the conflict have further prevented
children realizing their fundamental right to education, as guaranteed by both international
humanitarian law and human rights law.1138
Access to education
724. The violations documented above have resulted in a growing fear: among children
of attending school;1139 among teachers of holding classes; and among parents of sending
their children, especially girls,1140 to school, thus undermining the education system in
Yemen as a whole.1141 This situation has been aggravated by the lack of payment of salaries
of teachers, leading to an insufficient number of qualified teachers in schools. 1142 Even
when the children are not prevented from attending school, the quality of education has
been affected in Yemen.1143 Unpaid teachers have told the Group of Experts they have had
to look for other work in order to support their families. 1144 UNICEF, in an attempt to
address this problem, stated on 10 March 2019 that it had started paying monthly incentives
equivalent to 50 USD to those teachers and school-based staff .1145
725. Teachers in areas under the control of the de facto authorities informed the Group of
Experts of additional challenges. At least three teachers interviewed by the Experts reported
they had been arrested or had to flee these areas because they refused to teach the Houthi
curriculum and further cooperate in the ongoing Houthi campaign of recruitment and
conscription of children. One of the teachers told the Group that he was asked to mobilize
the youth, which included visiting houses and special lectures on Houthi-related teachings.
1137
Confidential Sources on File.
Additional Protocol II, Article 4(3)(a) provides: “Children shall be provided with the care and aid
they require, and in particular…they shall receive […] education”; See also ICRC Study on
customary IHL, rule 23; ICESCR, Article 13.
1139 Confidential Sources on File. According to UNICEF, during the reporting period, there are over
two million (out of about 7 million) children out of school in Yemen, UNICEF, 11 March 2019, press
release, at https://www.unicef.org/press-releases/keep-children-education-unicef-starts-incentivesschool-based-staff-yemen.
Additional
information
at
https://www.unicef.org/yemen/YEM_resources_ifnotinschool.pdf. At the onset of the conflict, in
October 2014, UNICEF reported that 1.6 million of children were out of school, ‘YEMEN: Country
report
on
out-of-school
children’,
at
http://www.ooscimena.org/uploads/1/wysiwyg/reports/150325_MENARO_Yemen_Report_English_Preview.pdf.
1140 Confidential Sources on File.
1141 A number of international documents provide guidance on the means to ensure the continuation
and/or reconstruction of an adequate educational system in situations of armed conflict. The
Committee on the Rights of the Child held in 2008 a ‘Day of General Discussion on “the right of the
child to education in emergency situations”’ to address these questions (see the recommendations
issued
from
this
Day
of
General
Discussion
at
http://www.ohchr.org/EN/HRBodies/CRC/Pages/DiscussionDays.aspx). See also INEE, Minimum
Standards for Education in Emergencies, Chronic Crises and Early Reconstruction, INEE, 2004.
1142 According to the OCHA Yemen Humanitarian Needs Overview 2019, approximately 10,000
schools in 11 Governorates are seriously affected by the non-payment of teachers’ salaries, and 51 per
cent of teachers have not received their salaries since October 2016. OCHA, Yemen Humanitarian
Needs
Overview
2019,
December
2018,
p.
47.
At
https://reliefweb.int/sites/reliefweb.int/files/resources/2019_Yemen_HNO_FINAL.pdf.
1143 Confidential Sources on File.
1144 Confidential Sources on File.
1145 UNICEF, 11 March 2019, press release, available at https://www.unicef.org/press-releases/keepchildren-education-unicef-starts-incentives-school-based-staff-yemen.
1138
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