A/HRC/42/CRP.1
especially as it also paralysed the middle class, on whose monetary donations the local
humanitarian aid organisations were mainly relying.1290
799. On 3 September 2018, the Government of Yemen issued Decree 75, as an attempt to
regulate fuel imports. According to the decree, only fuel importers that have been approved
by the government-established Economic Committee can import fuel into Yemen. These
regulations have reportedly “disqualified many Houthi-affiliated traders from importing
fuel.”1291 On 19 February 2019, the Under-Secretary-General for Humanitarian Affairs and
Emergency Relief Coordinator, briefing the Security Council, expressed concerns about the
impact of Decree 75 that “continues to hinder commercial fuel imports, which are needed to
pump water and to keep hospital generators running, among other critical functions”. 1292
He further added that four vessels carrying the equivalent of half an average month’s
commercial fuel imports were being denied entry by the Government of Yemen under
Decree 75.1293
800. As described within this chapter, several measures taken by the authorities have
contributed to the economic and humanitarian crisis. “[T]his is a man-made crisis. Many of
the limiting economic and logistical factors are driven not so much by the violent nature of
the war but by political decisions being made by the parties to the conflict”1294 The Group is
concerned that both the Government of Yemen and the de facto authorities are failing to
meet their human rights obligations, in particular as regards the right to work, and the right
to an adequate standard of living, including the right to food, the right to water, and the
right to health.
(a) Legal conclusions
The right to work
801. Article 6 of the ICESCR guarantees the right to work, i.e. the right of everyone to
the opportunity to gain his/her living by work freely chosen or accepted, while Article 7
guarantees favourable conditions of work. These include remuneration that provides fair
wages for all workers, as well as a decent living for workers and their families. This
“decent living” is not determined by the work performed by an individual worker, as is the
case for wages. The determinative factors for the “decent living” instead are external costs
like the cost of living and other prevailing economic and social conditions, such that
workers and their families can fully enjoy their rights laid out in the ICESCR. 1295
802. The non-payment of the salaries of the civil servants living in areas under the control
of the de facto authorities is a direct violation of the right to work and to earn a fair wage.
Both the Government of Yemen and the de facto authorities are violating their human rights
obligations in this regard, as they are not taking all necessary steps to mitigate the
consequences of the move of the Central Bank from Sana’a to Aden. Furthermore, the
Government of Yemen, the coalition and the de facto authorities, have all taken measures –
as described in this chapter – that have exacerbated the economic crisis in Yemen, in
Sherine El Taraboulsi-McCarthy and Camilla Cimatti, “Counter-terrorism, de-risking and the
humanitarian response in Yemen: a call for action”, Humanitarian Policy Group, 2018, at 7-8.
1291 Waleed Alhariri, Holly Topham, Hussam Radman, Ghaidaa Alrashidy, Anthony Biswell, Sala
Khaled, Aisha al-Warraq, Ali Abdullah, Victoria K. Sauer, Hamza al-Hamadi, Taima al-Iriani and
Spencer Osberg, “The Yemen Review – October 2018”, (Nov. 10, 2018)
http://sanaacenter.org/publications/the-yemen-review/6620 In the October 23, 2018.
1292https://reliefweb.int/sites/reliefweb.int/files/resources/190219_Yemen_USG%20SECCO%20state
ment-Final.pdf.
1293https://reliefweb.int/sites/reliefweb.int/files/resources/190219_Yemen_USG%20SECCO%20state
ment-Final.pdf;
see
also
https://reliefweb.int/sites/reliefweb.int/files/resources/181116_Yemen_USG%20SECCO%20statemen
t-Final.pdf.
1294 Peter Salisbury, “Bickering While Yemen Burns: Poverty, War, and Political Indifference”, The
Arab Gulf States Institute in Washington, June 22, 2017, p. 1.
1295 General Comment 23 (2016) on the right to just and favourable conditions of work, para. 19-24.
1290
192
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