A/HRC/42/33
43.
OHCHR has not advocated for the National Commission to follow a standard “onesize-fits-all” approach. Instead, the Office has assisted the Commission to recognize the
need for accountability processes to be responsive and tailored to local circumstances,
defined on the basis of broad and inclusive national consultations involving the extensive
participation of the population, including victims of human rights violations and abuses and
reflecting their needs and aspirations. OHCHR provided guidelines to ensure that any
national process in these respects would meet international standards.
44.
The High Commissioner expresses the readiness of OHCHR to continue providing
substantive technical assistance and advice to the National Commission, including to
strengthen its capacity to investigate and report on allegations of violations and abuses
committed by all parties to the conflict in Yemen, in line with international standards.
IV. Conclusions and recommendations
45.
The conflict has turned Yemen into the world's worst humanitarian crisis, with
the population trapped in a relentless armed conflict and other forms of violence,
which entail serious human rights violations and abuses and violations of
international humanitarian law.
46.
OHCHR takes note of the National Commission’s willingness to continue
enhancing the capacity of its members and staff, including in cooperation with
OHCHR. It also acknowledges progress in the work of the Commission, such as
improved reporting on different types of human rights violations and abuses by all
parties to the conflict.
47.
With a view to strengthening the effectiveness and impact of the National
Commission, the High Commissioner the following recommendations.
48.
All parties to the conflict should:
(a)
Cooperate fully with the National Commission so that it can safely and
effectively fulfil its mandate, notably by granting it access to all areas of Yemen,
including all places of deprivation of liberty, and providing it with all relevant
information it may request;
(b)
Implement all the recommendations made in the previous reports of
OHCHR and of the Group of Eminent International and Regional Experts to the
Human Rights Council so as to effectively pursue accountability for human rights
abuses and violations and violations of international humanitarian law by all parties
to the conflict.
49.
The Government of Yemen should consider revising the mandate of the
National Commission to ensure that it can safely and effectively fulfil its role as an
independent mechanism.
50.
The Attorney-General of Yemen should systematically and promptly act upon
the reports and cases received from the National Commission, whoever the alleged
perpetrators are.
51.
The National Commission should:
(a)
Investigate all alleged violations and abuses by all parties to the conflict
with the same consistency and thoroughness, in line with the principles of objectivity,
transparency, impartiality and professionalism;
(b)
Recruit additional staff with expertise in international humanitarian law;
(c)
Take all feasible measures to protect victims and witnesses who come in
contact with its members and staff;
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