03 April 2012

Yemen – Release of Human Rights Committee recommendations

The Human Rights Committee has adopted its concluding observations for Yemen, available here following its review of Yemen on 14 and 15 March 2012 in New York, with the participation of Alkarama.

"With this document," said Alkarama's legal director Rachid Mesli, "the Committee has provided a roadmap for Yemen to address crucial issues which must be tackled immediately to ensure basic rights and freedoms to the Yemeni population. With a dedicated Human Rights Minister appointed on 7 December 2011, we're hopeful that incremental progress can be made in the country, without forgetting that it has lived through 20 years of dictatorship, and that those formally in power have retained a significant amount of influence in the country."

A number of issues raised in Alkarama's shadow report were taken up by the Committee. Of key concern was the amnesty law adopted by Parliament on 21 January 2012. In agreement with Alkarama's assessment of the law's unlawful character, the Committee stated that "the State party should repeal Amnesty Law No. 1 of 2012 and comply with international human rights law prohibiting immunity for those responsible for serious human rights violations in respect of which States are required to bring in perpetrators to justice".

The Committee also focused on the creation of a national human rights institution, counter-terrorism activities, women's rights, discrimination against minorities, and the death penalty. The Committee also welcomed the agreement by Yemen to the opening of a UN human rights office to be run by the Office of the High Commissioner for Human Rights (OHCHR)., but underlines that this office should also have full powers to monitor and investigate the human rights situation in the country.

As recommended by Alkarama, the Committee also requested an inquiry into "all allegations of involvement of members of its law enforcement and security forces in the killings of civilians, excessive use of force, arbitrary detention, including enforced disappearance, torture and ill-treatment, whether this is related to the 2011 unrest, or to the unrest in the south, the conflict in the north and the fight against Al-Qaida's presence in the territory of the State party. Furthermore, the State party should initiate criminal proceedings against the alleged perpetrators of such acts, sentence those responsible and afford victims reparation, including adequate compensation" (see para. 15 of the concluding observations).

Alkarama and other human rights organizations also highlighted the role of the security forces in human rights violations, both in shadow reports and during the briefing provided by NGOs to the Committee. In response to these concerns, the Committee recommended that "the State party to engage in taking full civilian control of and carrying out a complete reform of the security apparatus, including the armed forces." (para. 16). The Committee also underlined the necessity for " effective disarmament, demobilization and reintegration program of non-state actors" (para. 16), and called for all prisons held by private individuals to be closed immediately.

The role and functioning of the justice system was also addressed, including the issues of endemic corruption, and unfair trials, including to exlucde confessions obtained under torture. The Committee recommended that special courts, namely the Specialized Criminal Court, be abolished. Prison conditions was also a matter of concern.

Refugees, the internally displaced and child soldiers were also discussed by the Committee, as was the question of freedom of assembly and association. In particular, the Committee expressed concern about the situation of journalists and the role of the Specialised Press and Publications Court, which should be abolished. It also called for an immediate repeal of all laws which restrict freedom of assembly, such as those used to disperse protestors in the course of 2011.

While pleased that the key issues highlighted by Alkarama and its partner organizations as well as other international NGOs, the Committee's silence on the specific question of the use of drones, including by the United States in Yemeni terrirtory to commit extrajudicial executions, is surprising, particularly given that this question was put to the Yemeni delegation by a Committee member during the review.

Alkarama hopes that political change in Yemen will be accompanied by a change in the situation of human rights in the country – which should begin with the realization of the Committee's recommendations, in what would represent a break with the past pattern of non-implementation. Alkarama will also contribute to these efforts by ensuring wide diffusion of these recommendations within local civil society, and with a follow up visit to Yemen within the coming 12 months to monitor the advancement of implementation.

Kuwait - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 21.05.1996
Optional Protocol: No

State report: Due 02.11.2014 (3rd)
Last concluding observations: 22.12.2011

Convention against Torture (CAT)

CAT: Accessed on 08.03.1996
Optional Protocol: No
Art. 20 (Confidential inquiry): No
Art. 22 (Individual communications): No

Next State report: Due on 03.06.2015 (3rd)
Last concluding observations: 28.06.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 05.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

No