A/HRC/21/37
III. Background
A.
International legal framework
6.
Yemen is party to eight of the nine core international human rights treaties, as well
as to the Optional Protocol to the Convention on the Rights of the Child. 2 As a State party
to the above-mentioned treaties, Yemen is legally bound to respect, protect and fulfil the
human rights of those within its jurisdiction. In reviewing the implementation by Yemen of
its treaty obligations, the relevant human rights treaty bodies have noted that violations of
civil, political, economic, social and cultural rights persist on a considerable scale.
B.
Political developments
7.
Following the adoption by former President Ali Abdullah Saleh, his party and the
opposition coalition of the Joint Meeting of Parties of the Gulf Cooperation Council
initiative, which provided for a political settlement in Yemen, a Government of national
accord was formed in December 2011 on the basis of a power-sharing (50/50) agreement
between the General People’s Congress and the Joint Meeting of Parties. According to the
initiative and its implementation mechanism, the formation of the Government launched a
two-stage transitional period for Yemen: the first commenced with the formation of a
Government until the election of a new President; the second, a two-year stage, started
when the new President took office. On 21 February, former Vice-President Abd Rabbo
Mansour Hadi, running as the sole candidate, was elected President in a mostly peaceful
election. Power was smoothly transferred to the new President.
8.
The Gulf Cooperation Council initiative and its implementation mechanism
effectively became the country’s constitutional framework during the transition, and is not
subject to any appeal or review by any existing judicial or legislative body. The
implementation mechanism also provided that, during the transition, both the Government
and Parliament were to make their decisions by consensus, and that failure to reach a
consensual decision would entail submitting the matter to the President of the Republic,
whose decision would be final.
9.
The presidential elections were one of the key elements of the Gulf Cooperation
Council initiative, together with a national dialogue process, that were intended to pave the
way for the adoption of a new Constitution and the holding of parliamentary and
presidential elections early in 2014. In May 2012, President Hadi formed a contact
committee comprising seven members to carry out consultations with various political
forces as well as with women’s, youth and civil society organizations. The projected
outcome of these efforts was the formation of a representative preparatory committee that
would prepare the agenda of the national dialogue conference and oversee its organization.
The Government also established a ministerial committee, chaired by the Minister for
Human Rights, to establish contact with youth groups and to help to select their
representatives.
10.
With regard to political groups, the al-Houthi movement, which effectively controls
parts of Northern Yemen, publicly announced its willingness to participate in the national
dialogue. During the period under review, discussions were ongoing with and within the al-
2
Yemen is not party to the International Convention for the Protection of All Persons from Enforced
Disappearance.
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