A/HRC/42/CRP.1
I.
Introduction and mandate
1.
Concerned by continued reports of violations and abuses of international law in
Yemen, namely those directly arising from the ongoing armed conflict, the Human Rights
Council (the “Council”), in its resolution 36/31 of 29 September 2017, requested the United
Nations High Commissioner for Human Rights to create a group of eminent international
and regional experts with knowledge on human rights law and the context of Yemen to
monitor and report on the situation of human rights (“Group of Experts”).
2.
The Group of Experts was mandated to carry out a comprehensive examination of
all alleged violations and abuses of international human rights and other appropriate and
applicable fields of international law committed by all parties to the armed conflict in
Yemen since September 2014, including the possible gender dimensions of such violations.
The Group of Experts was further mandated: to establish the facts and circumstances
surrounding the alleged violations and abuses and, where possible, to identify those
responsible; to make recommendations, as appropriate, on improving respect for and
protection and fulfilment of human rights; and to provide guidance on access to justice,
accountability, reconciliation and healing.
3.
The Group of Experts’ mandate requires it to “engage with Yemeni authorities and
all stakeholders” particularly United Nations agencies, the Office of the High
Commissioner for Human Rights in Yemen, Gulf States and the League of Arab States,
“with a view to exchanging information and providing support for national, regional and
international efforts to promote accountability for human rights violations and abuses in
Yemen.”
4.
Resolution 36/31, adopted by the Council by consensus, requested the High
Commissioner to appoint the experts no later than the end of 2017, and requested the Group
of Experts to submit a comprehensive written report to the High Commissioner prior to the
thirty-ninth Council session in September 2018, followed by an interactive dialogue, and
encouraged all parties to the armed conflict to extend full and transparent access and
cooperation to the Experts. The resolution further requested the High Commissioner to
provide substantive capacity building, technical assistance, advice and legal support to the
National Commission of Inquiry (“NCOI”) in Yemen.1
5.
On 4 December 2017, the High Commissioner established the Group of Experts,
appointing Charles Garraway (United Kingdom of Great Britain and Northern Ireland),
Kamel Jendoubi (Tunisia) and Melissa Parke (Australia) as the experts, assigning Mr.
Jendoubi as Chair. The Experts serve in a non-remunerated, independent capacity. The
Group of Experts is supported by a secretariat of professional staff from the Office of the
United Nations High Commissioner for Human Rights (“OHCHR”) based in Beirut
consisting of a coordinator, human rights investigators and analysts, legal, military, child
protection, and gender advisers, and linguistic, security and administrative support staff.
The first staff members of the OHCHR secretariat began work in December 2017; the
majority of the OHCHR secretariat began work in January-February 2018; the final staff
member for the first mandate arrived in early June 2018. The findings of the Group of
Experts, as contained in A/HRC/39/43, were submitted by late July for technical editing in
advance of the Council session.
6.
On 28 August 2018, the Group of Experts released its first written report containing
initial findings and recommendations, which the High Commissioner transmitted to the
Council during its thirty-ninth session (A/HRC/39/43). This document included also the
High Commissioner’s report on technical assistance to the NCOI. Following the
presentation of its report to the Council, the Group of Experts held an interactive dialogue
on 26 September 2018 in Geneva.
7.
On 28 September 2018, the Council adopted resolution 39/16, extending the
mandate of the Group of Experts for a further year, requesting the next report of the Group
1
The formal name for the NCOI is the National Commission to Investigate Alleged Violations to
Human Rights.
5
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