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A/Hrc/42.Crp.1 1 0 A/HRC/42/CRP.1* 3 September 2019 Arabic and English only Human Rights Council Forty-second session 9–27 September 2019 Agenda item 2 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Situation of human rights in Yemen, including violations and abuses since September 2014 Report of the detailed findings of the Group of Eminent International and Regional Experts on Yemen** Summary Submitted as a supplement to A/HRC/42/17, this report sets out the detailed findings of the Group of Eminent International and Regional Experts on Yemen mandated to investigate violations by parties to the conflict since September 2014. Some parties to the conflict, namely the Governments of Yemen, the Kingdom of Saudi Arabia, the United Arab Emirates, and Egypt chose not to cooperate with the Group of Eminent Experts. The de facto authorities responded to the questions posed in writing and agreed to a visit of the Group of Experts to Sana’a, however the lack of cooperation by the Government and coalition members prevented any access to Yemen. Despite access constraints, the Group of Experts gathered a wide array of evidence related to allegations of violations of international law in Yemen since September 2014. The Group of Experts found reasonable grounds to believe that the parties to the conflict in Yemen are responsible for an array of human rights violations and violations of international humanitarian law. Some of these violations are likely to amount to war crimes. The summary of these findings is included in A/HRC/42/17. This report presents the details of the findings by the Group of Experts with regard to the practical impact of these violations on the lives of ordinary Yemenis, which has been immense and wide ranging. Shelling and airstrikes create the sense that there is no safe * Reissued for technical reasons on 9 September 2019. ** The information in this report should be read in conjunction with the Report of the Group of Eminent International and Regional Experts as submitted to the United Nations High Commissioner for Human Rights (A/HRC/42/17). GE.19-15009(E) A/HRC/42/CRP.1 place to hide from the fighting. Landmines left by the Houthis kill and maim people long after battles have subsided. The blockade, siege-like tactics, attacks impacting objects essential to the survival of the population and impediments to the delivery of aid deprive the population of necessary items amidst the unprecedented humanitarian crisis. People are arrested and detained arbitrarily, disappeared, and subjected to torture and ill-treatment, including sexual violence. The population lives in fear of being detained or otherwise targeted for any perceived dissent. Parties to the conflict actively recruit children, including through force, and restrict the work of activists, journalists, human rights defenders and humanitarian workers. The Group of Experts has identified a number of individuals who may bear responsibility for violations and possible crimes. The individuals concerned should be investigated with a view to prosecution. Their names have been communicated on a strictly confidential basis to the High Commissioner for Human Rights. The failure of the parties to acknowledge any responsibility for violations and their refusal to take any meaningful steps to remedy the situations from which they occur has resulted in a pervasive lack of accountability, which only further encourages the cycle of disregard for the rights of the Yemeni population and foments impunity for crimes committed in Yemen. The Government of Yemen has a responsibility to remedy the violations as a matter of the utmost urgency. The de facto authorities and members of the coalition, including Saudi Arabia and the United Arab Emirates, bear enormous responsibility and must take action against those within their ranks who are responsible. The onus is also on the international community, especially those States that have influence over parties to the conflict, to both condemn and take appropriate steps to prevent the violations and to assist Yemen in ensuring that the perpetrators of crimes are held to account. Moreoever, the continued supply of weapons to parties involved in the conflict in Yemen perpetuates the conflict and the suffering of the population. The Group of Experts and the United Nations High Commissioner for Human Rights have formulated concrete recommendations in their reports to the Human Rights Council (A/HRC/30/31, A/HRC/33/38, A/HRC/36/33, A/HRC39/43, and A/HRC/42/17), as have many international and national civil society organizations. These recommendations should be implemented immediately. The Group of Experts reiterates that steps required to address the human rights and international law violations in Yemen have been continually discussed, and there can no longer be any excuses made for failure to take meaningful steps to address them. The best way to protect the Yemeni population is to stop the fighting by reaching a political settlement which includes measures for accountability. 2 A/HRC/42/CRP.1 Contents Page I. Introduction and mandate ............................................................................................................... 5 II. Methodology ................................................................................................................................ 7 A. Standard of proof ................................................................................................................... 7 B. Attribution of responsibility.................................................................................................... 8 C. Protection of sources, victims, and witnesses ........................................................................... 8 D. Sources of evidence, methods of conducting interviews, and access constraints .......................... 9 III. Legal framework ......................................................................................................................... 12 A. Introduction ........................................................................................................................ 12 B. Applicable Law ................................................................................................................... 12 C. Legal Analysis .................................................................................................................... 15 IV. Cooperation with the Group of Eminent Experts ............................................................................ 22 A. Cooperation during the first mandate September 2017 – August 2018 ...................................... 22 B. Cooperation during the second mandate September 2018 – August 2019 .................................. 22 V. Context, background, and update on the political situation .............................................................. 23 A. Precursors to the current armed conflict ................................................................................. 23 B. Armed conflict and political developments: September 2014 to August 2019 ........................... 26 VI. Emblematic situations .................................................................................................................. 28 A. The battle of Aden (March – September 2015) ....................................................................... 28 B. Control of Aden and the south (2016 – 2019) ......................................................................... 50 C. Ta’izz, the continual frontline ............................................................................................... 69 D. Life in Sana’a and other areas under de facto authority control ................................................ 90 E. The battle of al-Hudaydah (2018 – 2019) ............................................................................. 123 F. Al-Mahra (2018 – 2019) .................................................................................................... 145 VII. Gender analysis and gender-based violence ................................................................................. 147 VIII. Impact of the armed conflict on children ..................................................................................... 159 IX. Thematic issues ......................................................................................................................... 175 A. Violations related to the humanitarian situation .................................................................... 175 B. Impact of the conflict on minorities ..................................................................................... 195 C. Military use and destruction of cultural property .................................................................. 202 X. Accountability .......................................................................................................................... 205 XI. Conclusions and Recommendations ............................................................................................ 221 Annexes Annex I: Mapping of military and security apparatus and armed groups ................................................... 227 Annex II: Selected communications with parties related to access restrictions ........................................... 257 Annex III: Maps of Yemen ..................................................................................................................
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