A/HRC/42/CRP.1
conflict had reportedly been denied to NGOs on security grounds. The pressure to move
offices from sub-districts put additional burdens on accessing the remaining field locations
such as Abs, which requires several hours of driving from Hajjah. Reaching these field
locations also reportedly required additional security permits that were sometimes obtained
for only a day or two745, further restricting humanitarian organizations’ work. Bureaucratic
impediments such as these added to an already limited ability to deliver assistance urgently
and respond to needs as they arose. Some humanitarian workers described access
limitations in Hajjah over the recent months as unprecedented and the worst they have
witnessed in Yemen so far.746
465. An NGO in one of the districts that reported receiving a large flow of internally
displaced persons from Hajour told of harassment and arrest of their staff operating in the
area, 747 where the NGO was running a mobile clinic. Its staff members were arrested for
one day by the Houthis for entering a village without “permission” and accused of working
as spies for the coalition. The NGO described to the Group of Experts how access had been
increasingly restrained by the Houthis.
466. Various sources spoke to the Group of Experts of the difficulties of dealing with the
de facto authorities’ National Authority for the Management and Coordination of
Humanitarian Affairs and Disaster Recovery” (hereinafter “NAMCHA”). Access was
reportedly controlled and cleared by National Security, creating an additional layer of
complication for NGOs who deal with the NAMCHA as their counterpart, as they are
unable to deal directly with national security officials. 748 The Group of Experts gathered
reports of pressure by the de facto authorities on organizations to share their data on
internally displaced persons and local populations, which some reportedly refused to do. In
June 2019, the WFP announced its partial suspension of operations in Yemen, due to
diversion of aid by the Houthis. One source interviewed by the Group felt this was a
specific concern in Hajjah also. The source indicated that all NGOs and United Nations
agencies had been receiving ready-made lists of beneficiaries from the de facto authorities,
which does not allow them to provide humanitarian relief on the basis of need.
467. Witnesses who spoke to the Group of Experts said that in March 2019, after the
Houthis gained control of Hajour, commercial goods had been allowed to enter but
humanitarian organizations continued to be unable to access the area in a sustained and safe
manner.
Violations
468. Blockades, sieges749 and siege-like warfare are not per se prohibited by international
humanitarian law, as long as their purpose is to achieve a military objective and they are
not imposed with the aim of starving the civilian population. 750 In any case, the parties to
the conflict must allow and facilitate rapid and unimpeded passage of humanitarian relief
for civilians in need, which is impartial in character and conducted without any adverse
distinction, and subject to their right of control.751
469. The access restrictions imposed by the de facto authorities as described above have
significantly impeded humanitarian operations, considerably restricting the movement of
relief personnel and supplies into or within Hajour. The Group of Experts has reasonable
grounds to believe that the de facto authorities have violated their obligation to allow and
745
Confidential Sources on File.
Confidential Sources on File.
747 Confidential Sources on File.
748 Confidential Sources on File.
749 The term “siege” is not defined by international law, but can be understood as “the military
encirclement of an area with the imposition of restrictions on the entry and exit of essential goods
with the aim of forcing its surrender.” See “International Humanitarian Law and Human Rights Law
Relevant
to
Siege
Warfare”,
OHCHR,
January
2017,
https://reliefweb.int/sites/reliefweb.int/files/resources/sieges_legal_note_-_final_-_en_1.pdf.
750 See Article 14 Additional Protocol II; see also ICRC Study on customary IHL, rule 53.
751 Article 18 Additional Protocol II; see ICRC Study on customary IHL, rule 55.
746
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