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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