A/HRC/42/CRP.1
Yemen”.1419 Cases investigated by the National Commission are to be referred to the
national judiciary “so that perpetrators of human rights violations are brought to justice and
the victims receive reparations.”1420
877. Since the time of writing of the first report of the Group of Experts in August 2018,
the NCOI has issued its fifth and sixth reports, covering the respective periods of 1
February 2018 to 31 July 2018, and 1 August 2018 to 31 January 2019. The fifth report
indicated that the NCOI had completed its investigations into 1,900 claims relating to more
than 30 types of violations.1421By the sixth report, this number had risen to more than 2,500
completed investigations into incidents of allegations monitored by the NCOI. 1422 In its last
two reports, the NCOI also indicated progress achieved, notably referring to an increase in
monitors throughout all governorates and the implementation of new standards in terms of
information preservation. It also mentioned the continuous capacity-building support
received, including from OHCHR.
878. The reports of the NCOI refer to allegations of violations by various parties to the
conflict. This includes the Houthis, the coalition and the Yemeni armed forces, as well as
the United States for allegations related to its drone strikes. The reports also refer to
violations by human rights duty-bearers, namely the Houthis and the Government of
Yemen. Under international humanitarian law, violations examined in the two latest reports
are the killing and injuring of civilians, child recruitment, laying of mines, attacks on
cultural objects, the targeting of medical facilities, forced displacement, and besieging
civilians and other impediments to the delivery of humanitarian relief. As regards
international human rights law, examined violations are extrajudicial killings, arbitrary
arrests and enforced disappearances, torture and ill-treatment, and the blowing up of homes.
The fifth report also included a section on freedom of movement and “freedom of thought
and belief”. While most violations elaborated upon in the reports feature cases allegedly
perpetrated by all the main parties or duty-bearers, issues of child recruitment, the laying of
mines, forced displacement and the demolition of homes only feature cases attributable to
the Houthis. The cases examined under the section dedicated to freedom of movement all
pertain to checkpoints manned by the Security Belt Forces.
879. There are concerns that the NCOI does not meet the international standards set to
ensure accountability, the lack of transparency being a pervasive issue as it prevents
analysis of information crucial to allow an understanding of the functioning of the system.
Independence
880. Established by a presidential decree, the NCOI reports directly to the President, who
also appoints its nine members. There is no public information about the criteria upon
which these nine members are selected. Moreover, there is no public information about the
financing of the NCOI. These elements in themselves raise questions about the
independence of the NCOI, along with its transparency. Of further concern in terms of
transparency, the criteria used by the NCOI to determine which specific cases will be
selected for inclusion in its periodic reports remain unclear.
Impartiality
881. While the most recent reports show a distinct improvement towards more balanced
reporting, i.e. they include several allegations of violations by the coalition and/or the
Government of Yemen, it is of concern that the NCOI considers that some violations are
only perpetrated by the Houthis. Indeed, according to information gathered by the Group of
1419
Human Rights Council, National report submitted in accordance with paragraph 15 (a) of the
annex to Human Rights Council resolution 5/1* Yemen, 8 November 2018 (https://documents-ddsny.un.org/doc/UNDOC/GEN/G18/335/77/PDF/G1833577.pdf?OpenElement), para. 49.
1420 Ibid, para. 43.
1421 Fifth Report on the work of the National Commission to Investigate Alleged Violations to Human
Rights (NCIAVHR) in Yemen, for the period 1 February – 31 July 2018, p. 13.
1422 Sixth Report on the work of the National Commission to Investigate Alleged Violations to
Human Rights (NCIAVHR) in Yemen, for the period 1 August 2018 to 31 January 2019, p. 11.
210
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