A/HRC/42/CRP.1
front of his house and detained initially in al-Thawra Prison.1362 He was then transferred
into the visa and immigration detention centre, where he was being threatened with
deportation at the time of writing.1363 Reports indicate that he was detained solely in relation
to his advocacy.
4.
Discrimination under international human rights law
840. Non-discrimination is guaranteed by international human rights law. Duty-bearers
have to respect and to ensure the human rights of all individuals within their jurisdictions
without distinction of any kind, such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status. 1364 In line with the
obligation to respect, protect and fulfil human rights, this cross-cutting principle is not only
meant to ensure that duty-bearers do not take discriminatory measures, but also that they
protect individuals against discrimination by other entities and take positive steps to that
effect. International humanitarian law also provides that any adverse distinction in its
application is prohibited, whether it is based on race, colour, sex, language, religion or
belief, political or other opinion, national or social origin, wealth, birth or other status, or on
any other similar criteria.1365
C.
Military use and destruction of cultural property
841. Yemen hosts a unique cultural heritage dating back thousands of years. It has four
sites inscribed on the UN Educational, Scientific and Cultural Organization (hereinafter
“UNESCO”) World Heritage List, 10 more on the tentative list, and hundreds of diverse
cultural sites across the country, ranging from museums, libraries, archives, archaeological
sites and citadels, to religious and natural sites.1366
842. Cultural property is specifically protected in times of armed conflict. According to
international humanitarian law, parties to a conflict must respect cultural property and must
take special care to avoid damage to such property in military operations. Also, property of
great importance to the cultural heritage must not be the object of attack unless
imperatively required by military necessity. In addition, Additional Protocol II prohibits the
commission of “any acts of hostility directed against historic monuments, works of art or
places of worship which constitute the cultural or spiritual heritage of peoples, and to use
them in support of the military effort”.1367 This provision applies only to objects of
exceptional interest and universal value, in order to “safeguard the heritage of mankind.” 1368
843. The 1954 Hague Convention for the Protection of Cultural Property in the Event of
Armed Conflict (hereinafter the “1954 Convention”) and its second Protocol1369 to which
1362
Confidential Sources on File.
Confidential Sources on File.
1364 Article 2 ICCPR and Article 2 ICESCR.
1365 Article 4 (1) Additional Protocol II; see ICRC Study on customary IHL, rule 88.
1366 The four UNESCO World Heritage sites are the ‘Old Walled City of Shibam’, the Old City of
Sana’a, the historic town of Zabid and the Socotra Archipelago. For additional information see
https://whc.unesco.org/en/statesparties/ye.
The cultural heritage of Yemen is protected by the law on antiquities N. 21/1994 amended by Law
No. 8 of 1997. Under this law, the General Organization of Antiquities and Museums registers and
documents cultural sites, including the ones referred in this chapter. Additional information at
http://www.docartis.com/pagina2/Leggi%20Yemen.pdf.
1367 Article 16 Additional Protocol II.
1368 See ICRC 1987 Commentary to Additional Protocol II, Art. 16, para. 4846; see also ICRC Study
on customary IHL, rule 38.
1369 Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954
Convention), signed at The Hague, 14 May 1954, Article 4; and, Second Protocol to the Hague
Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, signed at
The Hague, 17 May 1999, UNESCO Doc. HC/1999/7, 26 March 1999, articles 6 and 7.
1363
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