Human rights situation in Yemen

Condemnatory

Yes

Analysis

• Like the Item 2 resolutions from previous years, this resolution contains stronger language than the Item 10 resolution adopted in the same session. Its critical language is also stronger than in the previous Item 2 resolutions. However, it refrains from identifying specific perpetrators, instead making general references to “all parties.” Thus, the government of Yemen is not implicated in violations outright but by implication.
• Nevertheless, the resolution is deemed condemnatory because it endorses the work of the Group of Eminent Experts (GEE) by “expressing deepest concern” at the findings of the GEE’s report and renewing and strengthening its mandate. The GEE’s report attributes specific violations to each of the parties, identifying them by name and accuses individuals in the Government of Yemen (as well as its coalition allies) of possible war crimes.
• This year’s resolution strengthens the mandate of the GEE, adding to it an instruction “to collect, preserve and analyze information” in order to identify perpetrators, as well as an element focused on accountability mechanisms. About this change, The Netherlands, as the main sponsor of the resolution, criticized the lack of accountability in Yemen and emphasized the necessity to “enhance and streamline the investigative mandate…[to] bring the mandate in line with other comparative investigative mandates.” Australia and the EU each expressly welcomed the changes to the mandate.
• At the same time, the government of Yemen in exile and the coalition forces strongly opposed the GEE and called for the resolution to be rejected. Yemen accused the GEE of making errors and said it has no “confidence in the work of that group.” It firmly rejected the resolution, calling it a “politicization of the human rights situation in Yemen.” Bahrain, on behalf of the coalition forces, similarly criticized the GEE, noted the Yemeni government’s objection to renewing the GEE’s mandate, said this was a politicization of human rights, and called for a vote on the resolution.
• Finally, the fact that Yemen and its allies offered a competing resolution under Item 10, leading to the ultimate adoption of two resolutions on Yemen - with the Item 10 resolution supported by Yemen and the Item 2 resolution rejected by Yemen - further indicates that the Item 2 resolution is condemnatory.
• We note that although this resolution was stronger this year than in the past, adopting it under Item 4 and naming perpetrators would make it even stronger.

Main Sponsors

Netherlands, Belgium, Canada, Ireland, Luxembourg

Vote

Yes - 21, No - 12, Abstain - 12, Absent - 1

See Full Vote

Key Praise

• "Welcoming in this regard the positive engagement of the Government of Yemen in the peace talks."
• "Welcoming the ceasefire agreement between the Government of Yemen and the Southern Transitional Council and the deployment of coalition ceasefire monitors, noting the efforts of Saudi Arabia to mediate this process..."

Key Criticism

• "Expressing its deepest concern at the findings of the Group of Eminent International and Regional Experts, and deploring the lack of cooperation by the parties to the conflict with it."
• "Strongly condemns the ongoing violations and abuses of international human rights law and violations of international humanitarian law in Yemen..."
• "Calls upon all parties to the armed conflict to respect their obligations and commitments under international human rights law and international humanitarian law..."
• "Demands in this respect the immediate release of all persons arbitrarily detained or forcibly disappeared..."
• "Demands that all parties to the armed conflict end the recruitment and use of children and release those who have already been recruited..."
• "Decides to renew the mandate of the Group of Eminent International and Regional Experts for a further period of one year..."