A/HRC/42/CRP.1 front of his house and detained initially in al-Thawra Prison.1362 He was then transferred into the visa and immigration detention centre, where he was being threatened with deportation at the time of writing.1363 Reports indicate that he was detained solely in relation to his advocacy. 4. Discrimination under international human rights law 840. Non-discrimination is guaranteed by international human rights law. Duty-bearers have to respect and to ensure the human rights of all individuals within their jurisdictions without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 1364 In line with the obligation to respect, protect and fulfil human rights, this cross-cutting principle is not only meant to ensure that duty-bearers do not take discriminatory measures, but also that they protect individuals against discrimination by other entities and take positive steps to that effect. International humanitarian law also provides that any adverse distinction in its application is prohibited, whether it is based on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria.1365 C. Military use and destruction of cultural property 841. Yemen hosts a unique cultural heritage dating back thousands of years. It has four sites inscribed on the UN Educational, Scientific and Cultural Organization (hereinafter “UNESCO”) World Heritage List, 10 more on the tentative list, and hundreds of diverse cultural sites across the country, ranging from museums, libraries, archives, archaeological sites and citadels, to religious and natural sites.1366 842. Cultural property is specifically protected in times of armed conflict. According to international humanitarian law, parties to a conflict must respect cultural property and must take special care to avoid damage to such property in military operations. Also, property of great importance to the cultural heritage must not be the object of attack unless imperatively required by military necessity. In addition, Additional Protocol II prohibits the commission of “any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort”.1367 This provision applies only to objects of exceptional interest and universal value, in order to “safeguard the heritage of mankind.” 1368 843. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (hereinafter the “1954 Convention”) and its second Protocol1369 to which 1362 Confidential Sources on File. Confidential Sources on File. 1364 Article 2 ICCPR and Article 2 ICESCR. 1365 Article 4 (1) Additional Protocol II; see ICRC Study on customary IHL, rule 88. 1366 The four UNESCO World Heritage sites are the ‘Old Walled City of Shibam’, the Old City of Sana’a, the historic town of Zabid and the Socotra Archipelago. For additional information see https://whc.unesco.org/en/statesparties/ye. The cultural heritage of Yemen is protected by the law on antiquities N. 21/1994 amended by Law No. 8 of 1997. Under this law, the General Organization of Antiquities and Museums registers and documents cultural sites, including the ones referred in this chapter. Additional information at http://www.docartis.com/pagina2/Leggi%20Yemen.pdf. 1367 Article 16 Additional Protocol II. 1368 See ICRC 1987 Commentary to Additional Protocol II, Art. 16, para. 4846; see also ICRC Study on customary IHL, rule 38. 1369 Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954 Convention), signed at The Hague, 14 May 1954, Article 4; and, Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, signed at The Hague, 17 May 1999, UNESCO Doc. HC/1999/7, 26 March 1999, articles 6 and 7. 1363 202

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