#UN #HRC51 SESSION - WRITTEN STATEMENT

Peace Slips Further Away as Terms of Truce Remain Unfulfilled and the Yemeni People’s Oil Revenue Continues to be Deposited in Foreign Bank Accounts and Misallocated Preventing its Use for Development

IDO, with Americans for Democracy & Human Rights in Bahrain and Arabian Rights Watch Association, take this opportunity at the 51st Session of the United Nations (U.N.) Human Rights Council to express our dismay about the terms of the truce since they are based on inherent rights that should not be the subject of any negotiations. The Saudi-led Coalition’s ongoing imposition of unlawful unilateral coercive measures on the Yemeni population that come in the form of an unlawful blockade impedes practically all their rights enshrined in international human rights treaties and conventions, most notably the rights to life, security, food, health, education, development, and mobility. And while Yemen is experiencing the World’s worst humanitarian crisis, Yemen’s oil revenue continues to be deposited in foreign bank accounts and misallocated in a blatant violation of Yemen’s sovereign rights and its right to development.

Unimplemented Truce Terms as Peace Slips Away

The continued detention and delay of oil ships destined to Yemen is an ongoing violation of the Yemeni people’s rights to life, security, food, health, education, mobility, commerce and trade, and their right to development. In March 2015, a comprehensive aerial and naval blockade was imposed on food, medicine and fuel entering Yemen. By the end of 2016, about a 50% decline in food, medicine and fuel imports was recorded. The amount of food, medicine and fuel imports continued to decline throughout the years despite the establishment of the U.N. Verification and Inspection Mechanism (UNVIM) which was designed to enforce an arms embargo and facilitate the unimpeded flow of commercial goods and services to Yemeni ports. To this date, the UNVIM has not put an end to the prevention nor delay of food, medicine and fuel despite inspections and verifications that no weapons have been found since UNVIM became operational in May 2016. As it stood, by the end of 2021, only about 10% of civilian sector oil needs was allowed to enter Yemen. In March 2022, a truce was agreed to yet was not fully implemented despite its extension twice. Worse yet, the terms involved negotiating matters that the Yemeni people have an inherent right to including the right to life, security, food, health, education, mobility, commerce and their right to development. Keeping these inherent rights in mind, the terms that were supposed to be the initial steps that would lead to an end to the war and a political settlement, were not entirely implemented. Although 18 ships every two months were supposed to be given passage to the ports, this term was not implemented fully affecting critical civilian sectors and resulting in costly demurrage charges. Since the second extension of the truce on 2 August 2022, three ships have been detained despite being inspected, verified and licensed by the UNVIM, the most recent detention being Golden Eagle II on 17 August 2022. Although two flights per week to two destinations were agreed upon, flights were only allowed to one destination. Despite agreeing to opening the roads in Yemen for civilian mobility, the roads were not opened. Despite having agreed to a complete ceasefire, violations continued to occur throughout the truce period and although the ceasefire remains in place, it is extremely fragile. New terms were negotiated that relate to another right, particularly the right to employment but to this date, public sector salaries have not been paid for a variety of inexcusable reasons that serve to prolong these rights violations.

These unlawfully imposed measures directly cause mass suffering to civilians but have no direct bearing on the ability of the Sanaa forces to prosecute this particular war for any given period of time. This is especially critical since there is no possible military advantage that could justify these unlawful measures. Given the U.N. is tasked with promoting and protecting human rights and upholding international humanitarian law, matters involving purely humanitarian issues and human rights, such as the opening up of sea ports and airports and paying public sector salaries and pensions, should not be allowed to be treated as a negotiating card but rather demanded by the U.N. to be upheld, especially in crisis situations where ongoing, large-scale, systematic rights violations are affecting an entire population of 30 million as in Yemen.

Yemen’s Misallocated Oil Revenue and Right to Development

We have been increasingly receiving reports from local sources on the conduct of the Coalition with respect to the oil sector in Yemen, conduct that directly violates the Yemeni people’s rights to realize their full economic, social and cultural rights by benefiting from the resources within Yemen’s territory. Not only has the Coalition neglected to maintain proper functioning pipelines that have caused massive environmental damage,1 the Coalition has been loading oil onto tankers for sale but have not used the proceeds for its traditional purposes of paying public sector salaries and shoring up the Yemeni Rial with sound monetary policies that support economic development. On the contrary, we have received and verified reports that proceeds are not getting deposited in the Central Bank of Yemen but instead getting deposited in foreign bank accounts and misallocated to the detriment of an entire nation.

These unlawful actions directly harm the Yemeni people causing a potential peace to continue to slip further and further away.

Recommendations

The U.N. Human Rights Council should prioritize the humanitarian objectives of lifting the blockade on Yemen’s seaports and airports as a first step towards a comprehensive political solution and ceasefire where all foreign troops exit Yemen and halt their military operations. In this manner, the senseless suffering of civilians can be alleviated with immediate effect while evasive ceasefire and political negotiations take place between the parties involved. The continued blockade on air and sea ports, however, indicates that the Coalition opts to use civilian suffering as a card in its ceasefire and political negotiations in a futile yet tragic attempt at gaining an advantage that only results in civilian suffering. The reckless disregard for human life displayed by those imposing the blockade on Yemen’s people have led to an urgent dire humanitarian situation the U.N. should no longer tolerate but instead demand that the inherent rights of the Yemeni people be upheld. We call on the Council to make a recommendation to the Security Council to consider a new resolution demanding an end to the war and its accompanying rights violations.

_________________________

Citations

1 The Saudi Coalition Backed Hadi Government in De Facto Exile Is Responsible For Environmental Damage Occurring in the Southern Governorate of Shabwa Which is Under Its Sole Authority Resulting in Dangerous Impacts to the Right to Enjoy a Safe, Clean, Healthy and Sustainable Environment, Joint Written Statement to U.N. Human Rights Council during the 46th Regular Session, http://www.arwarights.org/unhrc

#UN #HRC49 SESSION - ORAL INTERVENTION

Item 4 - Human Rights Situation Requiring the Council’s Attention

#UN #HRC48 SESSION - INTERACTIVE DIALOGUE WITH GROUP OF EMINENT EXPERTS & SPECIAL RAPPORTEUR ON INTERNALLY DISPLACED PERSONS

Interactive Dialogue with SR on IDPs

Interactive Dialogue with Group of Eminent Experts

#UN #HRC48 SESSION - ORAL INTERVENTION

Item #3 - Promotion and Protection of All Human Rights

#UN #HRC46 SESSION - ORAL INTERVENTIONS

Item #4 - Human Rights Situation Requiring the Council’s Attention

Item #9 - Racism, Discrimination, Intolerance, Xenophobia

#UN #HRC46 SESSION - WRITTEN STATEMENT

The Saudi Coalition Backed Hadi Government in De Facto Exile Is Responsible For Environmental Damage Occurring in the Southern Governorate of Shabwa Which is Under Its Sole Authority Resulting in Dangerous Impacts to the Right to Enjoy a Safe, Clean, Healthy and Sustainable Environment

IDO, with Americans for Democracy & Human Rights in Bahrain and Arabian Rights Watch Association, take this opportunity at the 46th Session of the United Nations (U.N.) Human Rights Council to express our deep concern about the Saudi-led Coalition backed Hadi government in de facto exile (Coalition) mismanagement of oil resources in that region resulting in extensive environmental damage and violation to the rights obligations relating to a safe, clean, healthy and sustainable environment. Similarly, we are concerned with any delays to the maintenance of the Safer tanker that may lead to the seepage of over 1 million barrels off the coast of Hodeida.

Al-Nushaima Pipeline in Shabwa and Its Impact on the Surrounding Environment

The local environment in the areas of Yemen where the oil industry operates suffers from many environmental problems as a result of pollution from its operations, whether it be from substandard practices of extraction and the disposal of oil waste, or as a result of oil leaks along improperly maintained pipelines that transport the crude to ports for export, the lives of many local residents in the neighboring areas and regions are threatened as agricultural lands and sources of water, as well as the air that is breathed in, are compromised.

Oil pollution is large and frequent of all kinds (pollution of soil, air and water), and in various districts of the Shabwa governorate. According to the samples and tests available in the places of pollution, the water and agricultural soil are no longer usable, giving rise to the need to conduct a quantitative analysis assessing the magnitude of the environmental impact in an integrated manner.

Several areas were studied[1] and samples were taken from oil leaks occurring along the oil pipeline, Ayyad al-Nushaima, and it was found that damage to the surrounding environment is severe, impacting flora and fauna, as well as having a very negative societal impact. The al-Nushaima pipeline began operations in 1992 and has been in operation on and off to this date with varying quantities of oil not exceeding 500 barrels a day, until maintenance was conducted in November 2017. By 2018, about 600 thousand barrels per month were transported from several sectors by truck to the pipeline and onto Al-Nushaima port. Given the studies conducted that show severe environmental impacts one would think the authority in charge would take swift action to remedy the situation and at the very minimum bring the pipeline up to par with international standards. Instead, we find that the authority in charge has not included in its plans any remedial efforts to ensure the pipeline is in proper working order. On the contrary, and to compound the issue, we have seen plans to pump three times as much oil from the S2 well.

We hold the main operator and supervisor of the pipeline, Yemen Company for Investment in Oil and Minerals (YICOM) and the Petroleum Exploration and Production Authority in Shabwa responsible for negligence in maintaining the pipeline and the resulting environmental damage. We also hold the local authorities responsible particularly the Office of the Environment in Shabwa which monitors the obligations of companies operating in the sector and is supposed to ensure standards of both health and environment are met.

The oil leaks in the past two years have resulted in severe damage to the agricultural soil, subterranean and surface water sources in Wadi Gharir, let alone the seepage of oil waste into nearby streams, which resulted in the halting of some drinking water projects in the area. Due to the pipeline being in close proximity to residential areas, farms and agricultural lands, the environmental damage imminently affects the nearby population. From December 2017 to December 2020, there have been 15 incidents of oil leaks recorded at 11 different sites in 6 districts of Shabwa, which supports our finding of systematic and at best recurring negligence.

Safer Tanker, A Ticking Environmental Time Bomb

At a briefing[2] on 24 November 2020, the spokesman of the Office of the Special Envoy for Yemen confirmed receiving an official letter from the de facto authorities in Sanaa on 21 November 2020 indicating their approval for the UN proposal for the planned expert mission to the tanker. We urge the United Nations to work expeditiously to ensure the maintenance occurs at the soonest within the estimated time frame of early February 2021 so the Safer tanker is assessed and maintained in order to avert a pending disaster with catastrophic effects on the environment off the coast of the Red Sea. And we assert our support to that effort. Similarly, we call on the de facto authorities in Sanaa to make sure it makes all necessary arrangements to facilitate the mission free from the imposition of any alleged unreasonable demands.

Recommendations

Protecting the environment is an objective that all parties should strive for given that its damage will affect civilians in all governorates impacting their rights to a safe, clean, healthy and sustainable environment. In this regard we call on the local authorities to:

Stop the use of the al-Nushaima pipeline until it is fully maintained and in proper working order so that oil leaks cease to exist
Contract with companies specializing in services and consulting for emergency oil spill response clean-up operations, the remediation of contaminated lands and of oil waste, and the prevention of future incidents on-land sites, rivers and streams, ports, shorelines and off-shore
Inclusion of the Yemeni laws relating to the regulations and monitoring of the environment in the contractual agreements with companies operating in the Sector and enforcing all international technical standards necessary to protect the environment
Establishing alternative water sources, remediating agricultural land with organic products
Establishing Health programs that provide greater access to the population and treatment for existing health issues among them
Supporting civil society by encouraging the reporting of any violations and holding accountable those responsible the reported violations

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Citations

[1] Environmental Pollution from Oil and the Destructive Effects on Yemen’s Environment, UltareConsulting, October 2020.

[2] REMARKS BY THE SPOKESPERSON OF THE UNITED NATIONS' SECRETARY-GENERAL ON SAFER, OSESGY, 25 November 2020, https://osesgy.unmissions.org/remarks-spokesperson-united-nations-secretary-general-safer

#UN #HRC45 SESSION - ORAL INTERVENTIONS

Item #3 - Promotion of All Human Rights

Item #5 - Human Rights Bodies and Mechanisms

Item #7 - Human Rights Situation in Palestine and Other Occupied Arab Territories

#UN #HRC44 SESSION - ORAL INTERVENTIONS

Interactive Dialogue with Special Rapporteur on Internally Displaced Persons #1

Interactive Dialogue with Special Rapporteur on Internally Displaced Persons #2

Interactive Dialogue with Special Rapporteur on Internally Displaced Persons #3

#UN #HRC43 SESSION - ORAL INTERVENTIONS

Item #3 - Promotion of All Human Rights

Item #8 - Vienna Declaration

Item #9 - Racism, Discrimination, Intolerance, Xenophobia

#UN #HRC43 SESSION - WRITTEN STATEMENT

The Saudi Arabia-led Coalition and the Hadi Government Continue to Seriously Violate International Law by Violating the Yemeni People’s Right to Self-Determination and Shirking Their Duties Under the Terms of the Stockholm Agreement In Order to Continue Economic Measures That Use Impoverishment and Starvation as a Weapon of War Against Civilians in Yemen

IDO, with Americans for Democracy & Human Rights in Bahrain and Arabian Rights Watch Association, take this opportunity at the 43rd Session of the United Nations (U.N.) Human Rights Council to express our dismay about the continued Saudi-led Coalition (Coalition) blockade on food, medicine and fuel destined for Yemen and the failure to implement the terms of the landmark Stockholm Agreement. The unlawful economic coercive measures employed by the Coalition seriously impedes the Yemeni’s people’s right to self-determination, resulting in devastating human rights violations against the most vulnerable, particularly children, women and the elderly.

Saudi-led Coalition Seriously Violated the Yemeni People’s Right to Self-Determination

On 11 February 2011, millions of Yemenis took to the streets to protest the 33 year rule of Ali Abdullah Saleh’s presidency and to call for a) the establishment of a de-centralized state in which justice and equality reign supreme; b) a solution to the conflict in the South; c) a solution to the conflict in the North, particularly the Saada region; d) the fair and equitable distribution of wealth and public sector jobs and sound policies that resolve Yemen’s overall economic problems; e) an end to corruption, cronyism and nepotism and the creation of national institutions based on merit; f) the prosecution of former President Ali Saleh and his cronies for past crimes and corruption; and finally g) making the war against terror groups a national issue by marshaling all resources to not only “combat” terrorist groups such as Alqaeda in the Arabian Peninsula but to, in effect, neutralize and eliminate the threat posed by their activities.

These demands sum up the wishes of the people yet they were not only unfulfilled, they were countered by the following measures. Instead of a change in government, the Yemenis were faced with the Gulf Cooperation Council (GCC) Initiative which imposed the rule of an unpopular vice president belonging to the same government the people were seeking to change; and who remained indefinitely beyond the term permitted by the GCC Initiative, as his predecessor did for 33 years. Instead of prosecuting government officials for corruption, this initiative granted these officials immunity from prosecution. Instead of discussing suitable levels of decentralization during the transition period at the National Dialogue Conference, a federation of six states was going to be imposed without proper deliberation, a vote or a referendum, despite Yemen not having a large land mass or the diversity in language, religion and culture that justifies such division. Instead of resolving Southern grievances, a number of armed groups loyal to a Coalition of states were established alongside secret torture prisons to compromise Yemen’s territorial integrity. Instead of solving the grievances in the Saada governorate, a war was launched and the entire region was unlawfully deemed a military zone to justify indiscriminate killing of tens of thousands of civilians. Instead of ensuring the fair distribution of wealth among the population, a blockade was imposed on food, medicine and fuel imports and public sector salaries were withheld to impoverish and starve millions. Instead of supporting the near successful efforts of the Yemeni people to entirely eliminate the threat posed by Alqaeda in the Arabian Peninsula, a war was launched that facilitated the spread of Alqaeda again across regions they were previously eliminated from.

Ongoing Coalition Blockade on Yemen & UNVIM

The Coalition’s unilateral action to launch a war against Yemen occurred without a U.N. mandate and preceded the adoption of Resolution 2216 by three weeks. Despite this, the Coalition cites the resolution as a retroactive justification for its unilateral military action, claiming that it is enforcing the arms embargo that the resolution mandates.[1] But in practice, the military action has been marked by indiscriminate violence against civilians, resulting in severe human rights violations, particularly against those civilians who are most vulnerable: children, women and the elderly.

Despite repeated commitments by the U.N. to lift the Coalition flight ban to and from Sanaa International Airport, the flight ban has not been removed and humanitarian flights have not taken place, although there was an announcement by the Coalition on 27 January 2020 permitting weekly humanitarian flights of 30 patients or so starting February 2020. The announcement is a drop in the bucket, given that there are about 350,000 civilians requiring immediate treatment abroad relegating them to suffer a slow, painful death while another 100,000 civilians are stuck in limbo outside Yemen and are unable to return.

Despite being informed in April 2017 by the U.N. Special Rapporteur Idriss Jazairy that “[t]he blockade imposed by the Saudi Coalition involves grave breaches of the most basic norms of human rights law, as well as the law of armed conflict,”[2] the Saudi Coalition backed Hadi government continues on the same destructive path. Despite being informed by the Group of Eminent Experts that “no possible military advantage could justify such sustained and extreme suffering of millions of people, the Coalition has failed to cancel or suspend the restrictions, as required under international law,” [3] and continues to prevent and delay ships carrying food, medicine and fuel from entering Yemen.

This is occurring despite the established presence of the U.N. Verification and Inspection Mechanism which by its very own stated objectives seeks to facilitate the unimpeded free-flow of commercial items through verification and inspection, as well as clearance request reviews, of commercial vessels sailing to Yemen ports. However, in practice, ships are prevented from entering Hodeidah port despite being cleared by the UNVIM and the offloading of cargo may occur months after UN inspections are completed, all under the pretext of inspecting ships for weapons in a futile yet criminal attempt to starve millions of civilians. Based on local reports from Hodeida’s Port Control, as of 28 January 2020, 12 ships carrying fuel have not been released by the Coalition despite being licensed and inspected by the UNVIM. This is just the most recent example of the frequent unlawful prevention and delay of commercial goods destined to enter Yemen.

The Stockholm Agreement’s Last Breaths

Despite the Hodeida Agreement stipulating that a mutual redeployment of forces from the city of Hodeidah would take place, we have not seen any reciprocation from the Saudi-led Coalition backed government as there has been no redeployment of Coalition fighters to this date, nor a stoppage of shelling on civilian areas in and around the city of Hodeidah. The freedom of movement of civilians and goods and humanitarian aid from and to the city of Hodeidah and the ports of Hodeidah, Salif and Ras Issa have not been facilitated and 2) revenues of the ports of Hodeidah, Salif and Ras Issa have not been channeled to the Central Bank of Yemen (CBY) through its branch in Hodeidah as a contribution to the payment of salaries in the governorate of Hodeidah and throughout Yemen.[4] The Prisoners Exchange Agreement has not been implemented in full and the committee on Taiz has not produced any results. Given that the terms of the Stockholm Agreement have not been implemented for the past year, the Stockholm Agreement is in peril and along with it the humanitarian situation.

Recommendations

Protecting the Yemeni economy is an objective that all parties should strive for given that its decline and potential collapse will affect civilians in all governorates. Unlawful airstrikes on civilian targets must end and the blockade must be lifted. The UNVIM should be the sole inspector of ships carrying commercial goods and humanitarian aid to Yemen as the interference by the Coalition allows it to prevent and delay basic commodities needed for the everyday basic survival of Yemeni civilians, and allows it to use starvation as a weapon of war. The payment of public sector salaries and continued payment of pensions to all is of critical importance to alleviating the humanitarian suffering faced by millions and will help jump start the economy. To do so, the CBY must be administered by a board of capable directors established by consensus and revenues from oil exports must be deposited in a CBY account for distribution. In addition, we urge the member states of the United Nations to maintain the pressure on the parties to fully implement the Stockholm Agreement and U.N. Security Council resolution 2451 and 2542 and express our full support for the efforts of the U.N. Special Envoy Martin Griffiths in that regard.

Citations

[1] Saudi Coalition response to United Nations Special Rapporteurs’ Joint Communication. 27 December 2016. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33332

[2] Lift blockade of Yemen to stop “catastrophe” of millions facing starvation, says UN expert, OHCHR, 12 April 2017, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=21496&LangID=E

[3] Group of Eminent Experts Report, 28 August 2018, http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/39/43

[4] Agreement on the City of Hodeidah and Ports of Hodeidah, Salif, and Ras Isa, 18 December 2018, https://osesgy.unmissions.org/sites/default/files/hodeidah_agreement_0.pdf

#UN #HRC42 SESSION - ORAL INTERVENTIONS

Item 2 - Annual Report of High Commissioner

Item 8 - Vienna Declaration

Item 9 - Racism, Discrimination, Intolerance & Xenophobia

Item 10 - Technical Assistance & Capacity Building

#UN #HRC42 SESSION - WRITTEN STATEMENT

The recognition of the Hadi government impedes the right of the Yemeni people to self determination and the efforts seeking accountability for the human rights violations, abuses and crimes committed against them

IDO, together with Americans for Democracy & Human Rights in Bahrain, and Arabian Rights Watch Association, reiterate the position that continues to question the recognition given to Hadi’s government by the international community as it impedes the political right of the Yemeni people to self-determine and form a government by consensus. This position centers on the fact that Hadi came to power as a transitional president without achieving consensus among the main political groups since his appointment was not accepted at that time by either the Ansar Allah faction or the Southern Hirak. Consequently, we stood witness to Hadi fleeing from the northern governorates controlled by the Ansar Allah faction and their allies. We also stood witness to his government’s inability to maintain presence in the southern governorates as Hadi himself only managed to be there for about six weeks in the past five years. And as we witnessed in recent events, whatever small presence his government had in Aden and governorates like Abyan were taken over by the Southern Transitional Council this past month with the support of the UAE and the lack of a strong response by Saudi Arabia, both leading members of the diminishing Coalition. With the support offered to the Southern Transitional Council, the Coalition has done away with the false pretext of restoring the legitimate Hadi government and is now working with several armed militias to continue to compromise the territorial unity of the Republic of Yemen.

Reasons to question recognition given to Hadi government

In addition to not having continuous presence in Yemen, there is a list of additional reasons that support our concerns about the international legitimacy offered to Hadi’s person. The Saudi and UAE led coalition seeks to re-install as president, a person who a) has insignificant support among the Yemeni population, b) had resigned, c) had a term that expired pursuant to a GCC initiative that brought him to power, d) had clung on to power despite term expiring, e) allegedly called on a coalition of states to seriously impede ongoing political negotiations at the time between all Yemeni factions, f) cheered on Coalition airstrikes that killed and maimed over 60,000 civilians - a third of whom were women and children - without holding accountable those who ordered and conducted the unlawful airstrikes, g) cheered on a Coalition blockade that has resulted in the death of over 200,000 children without holding or even attempting to hold any of the perpetrators accountable, h) continues to support the blockade that employs starvation as a weapon of war against millions of Yemeni civilians despite being informed by UN Special Rapporteurs and the Group of Eminent Experts in no uncertain terms that the blockade was unlawful and must be lifted, i) cheers on the unlawful flight ban to and from Sanaa International Airport that has resulted in the death of over 40,000 civilians who required medical treatment abroad, j) has withheld salaries of about 1.5 million public sector employees for three years and counting directly impoverishing 7.5 million civilians and last but not least and in fact very concerning is that he k) has appointed U.S. Treasury Specially Designated Global Terrorists as government officials, negotiators, and clerics.

Recognition hampers accountability

Over the course of the last four years, the National Commission set up by Hadi on 7 September 2015 - and supported by a UN Human Rights Council resolution adopted later in that same month - to investigate human rights violations in Yemen has continued to fail with respect to impartiality, transparency and meeting international standards and continued to leave millions of Yemenis without a credible venue for an opportunity to be heard and obtain legal redress. Instead, the National Commission, like the Joint Incidents Assessment Team set up by the Coalition, acted to absolve the Coalition from any culpability by concluding all civilian targets were what they alleged to be legitimate military targets. It is this same Coalition that worked to block previous resolutions calling for an International Commission of Inquiry, and who unsuccessfully attempted to end the mandate of the Group of Eminent Experts (GEE) in the hopes of covering up the crimes the GEE exposed in its written report submitted to the Council back in August 2018. The Coalition, however, was successful in blocking entry of the GEE team by not issuing them visas forcing them to investigate remotely this past year all so that impunity reigns, crimes continue and accountability is evaded making justice out of reach for millions of victims in Yemen.

Recommendation

This dire human rights situation in Yemen calls on us to urge the Council in the upcoming 42nd session to reconsider the recognition and support provided to the Hadi government and its National Commission and to set up an international commission of inquiry under item 4 as this situation not only requires the attention of the Council but also calls the Council to make a recommendation to the Security Council to transfer the case to the International Criminal Court given the gravity of the crimes committed are within the Court’s jurisdiction.

We also call on the member states to place the requisite pressure on the parties to implement the humanitarian agreement brokered in Stockholm nine months ago in the hopes that it will help alleviate the suffering faced by millions of Yemeni civilians and ultimately bring an end to the war.

#UN #HRC41 SESSION - ORAL INTERVENTIONS

Item #8 - Vienna Declaration

Item #9 - Racism, Discrimination, Intolerance, Xenophobia

Item #10 - Technical Assistance & Capacity Building

#UN #HRC41 SESSION - WRITTEN STATEMENT

The Saudi Arabia-led Coalition backed Hadi Government Lack of Good Faith in Negotiating and Implementing the Terms of the Stockholm Agreement In Order to Continue Economic Measures That Use Impoverishment and Starvation as a Weapon of War Against Civilians in Yemen

IDO, together with Americans for Democracy & Human Rights in Bahrain and Arabian Rights Watch Association, take this opportunity at the 41st Session of the United Nations (U.N.) Human Rights Council to express our continued deep dismay about the ongoing systematic violations of rights, particularly economic rights, by the Saudi Arabia-led intervention in Yemen. The unlawful economic coercive measures employed by the Saudi-led Coalition (Coalition) are illegally imposed on the entire population, resulting in devastating impacts on the most vulnerable, particularly women, children and the elderly.

On 26 March 2015, before U.N.S.C. Resolution 2216 was adopted, the Coalition began conducting daily bombardments on targets in Yemen and simultaneously imposed an aerial and naval blockade. The Coalition’s unilateral action occurred without a U.N. mandate and preceded the adoption of Resolution 2216 by three weeks. Despite this, the Coalition cites the resolution as a retroactive justification for its unilateral military action, claiming that it is enforcing the arms embargo that the resolution mandates.[1] But in practice, the military action has been marked by indiscriminate violence against civilians, resulting in severe human rights violations, particularly against those civilians who are most vulnerable: the elderly, women and children. The Coalition airstrikes, coupled with the aerial and naval blockade, constitute “comprehensive” unilateral coercive measures that seriously impede the Yemeni people’s right to self-determination by killing and maiming civilians, destroying civilian infrastructure, and disrupting the import and export of commercial goods (including food, medical supplies, and fuel) and humanitarian aid. In the absence of international action that is enforced in practice rather than merely displayed on paper, the crisis will likely continue to intensify as violations against civilians continue with impunity.

Despite being informed two years ago by the U.N. Special Rapporteur Idriss Jazairy that “[t]he blockade imposed by the Saudi Coalition involves grave breaches of the most basic norms of human rights law, as well as the law of armed conflict,”[2] the Saudi Coalition backed Hadi government continues on the same destructive path. Despite being informed by the Group of Eminent Experts who concluded that “no possible military advantage could justify such sustained and extreme suffering of millions of people, the Coalition has failed to cancel or suspend the restrictions, as required under international law.”[3] The Coalition’s unlawful measures are at the very least willful and reckless if not imposed by conscious design – a behavior displayed at the Stockholm Consultations when delegates from the internationally recognized government did not discuss nor attempt in good faith to resolve the outstanding economic issues such as unifying the fragmented Central Bank, paying public sector salaries, removing the unlawful flight ban on Sanaa International Airport and lifting the unlawful blockade.

After a five month delay in implementation due to differing interpretations of the terms of the Hodeidah ceasefire, particularly the phrase “[s]ecurity of the city of Hodeidah and the ports of Hodeidah, Salif and Ras Issa shall be the responsibility of local security forces in accordance with Yemeni law” a unilateral redeployment took place. The Chair of the U.N. support mission that is overseeing the Hodeidah Agreement, Lieutenant General Michael Lollesgaard, confirmed on 14 May 2019 that “the redeployment of forces from Hodeidah, Salif and Ras Issa ports went ahead as agreed, albeit with some exceptions: security of the ports was handed over to the coast guard, but, he said, a lot of work needs to be done to remove military hardware.”[4] We welcome the steps taken by the de facto authorities that we hope will be reciprocated without further delay. Despite the Hodeidah Agreement stipulating that a mutual redeployment of forces from the city of Hodeidah would take place, we have not seen any reciprocation from the Saudi-led Coalition backed government as there has been no redeployment of Coalition fighters to this date, nor a stoppage of shelling on civilian areas in and around the city of Hodeidah.

With the slight but notable progress made on the unilateral redeployment of military forces belonging to the de facto authority, the deputy Head of Mission of the Office of the U.N. Special Envoy for Yemen, Muin Shreim, met the warring parties in Amman, Jordan on 14 May 2019, to begin discussing the implementation of the economic provisions of the Hodeidah Agreement which stipulated that the 1) parties shall facilitate the freedom of movement of civilians and goods and humanitarian aid from and to the city of Hodeidah and the ports of Hodeidah, Salif and Ras Issa and 2) revenues of the ports of Hodeidah, Salif and Ras Issa shall be channeled to the Central Bank of Yemen through its branch in Hodeidah as a contribution to the payment of salaries in the governorate of Hodeidah and throughout Yemen.[5]

According to ARWA’s Executive Director, Ahmed Alshami, who partook in those to discussions with a team of financial, monetary and economic policymakers and professionals, the Saudi Coalition backed Hadi government participated with three people and an observer whose main objective was to thwart the talks and which ended with an announcement by their delegation that the talks had failed.

The goal of the meetings was to provide solutions to the problems facing the economy of Yemen by neutralizing the economy as a whole to limit the effects of the war on the free flow of goods into Yemen and to alleviate the economic deprivation of millions of Yemeni civilians through the payment of public sector salaries. Central to the solution is the unification and independence of the Central Bank of Yemen (CBY) so that it functions to serve all Yemenis without discrimination according to its procedures and bylaws and the Yemeni Constitution. However, since a comprehensive solution was left for later discussions, one solution offered focused on setting up a separate account in the Hodeidah branch, under supervision of the U.N. and both warring parties, that would collect by deposit customs revenues from the ports of Hodeidah, Salif and Ras Issa which would be used to make payments of public sector salaries nationwide with any deficits to be covered by revenues generated from oil exports that have been unaccounted for in Marib, Shabwa and Hadhramawt and customs revenues from ports under Saudi Coalition control. However, the Coalition backed Hadi government was more concerned with taking control of the CBY branch in Hodeidah and connecting it with Aden’s branch even though they do not exercise full control over Aden’s branch or other branches particularly those located in Marib and Mukalla where different militias financed by Saudi Arabia and the UAE control the branches and operate separately outside a unified Hadi government command, a command that does not effectively exist. The Hadi government has also sought to mandate that international organizations deposit their donated budgets in the Aden branch of the CBY which would only further politicize humanitarian aid. In addition, the Hadi government continues to: 1) engage in monetary policies that fan the flames of inflation, 2) discriminatorily reject issuing letters of credit to merchants living in the northern parts of Yemen and 3) attempt to render invalid the licenses of merchants in the northern parts of Yemen who are engaged in the foreign exchange market by demanding that only those who are licensed by the Aden branch of the CBY be allowed to conduct foreign exchange transactions which would inevitably affect millions of civilians heavily dependent on foreign remittances for basic daily needs.

Recommendations

Protecting the Yemeni economy is an objective that all parties should strive for given that its decline and potential collapse will affect civilians in all governorates, who must be spared the horrors of war. Unlawful airstrikes on civilian targets must end and the blockade must be lifted. The payment of public sector salaries and continued payment of pensions to all is of critical importance to alleviating the humanitarian suffering faced by millions and will help jump start the economy. To do so, the Central Bank of Yemen must be administered by a board of capable directors established by consensus and revenues from oil exports must be deposited in a CBY account for distribution. In addition, we urge the member states of the United Nations to maintain the pressure on the parties to fully implement the Stockholm Agreement and U.N. Security Council resolution 2451 and 2542 and express our full support for the efforts of the U.N. Special Envoy Martin Griffiths in that regard.

_______________________________

Citations

[1] Saudi Coalition response to United Nations Special Rapporteurs’ Joint Communication. 27 December 2016. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33332

[3] Group of Eminent Experts Report, 28 August 2018, http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/39/43

[4] UN monitoring team in Yemen verifies pullout of armed forces from crucial port zones, UN News, 14 May 2019, https://news.un.org/en/story/2019/05/1038461

[5] Agreement on the City of Hodeidah and Ports of Hodeidah, Salif, and Ras Isa, 18 December 2018, https://osesgy.unmissions.org/sites/default/files/hodeidah_agreement_0.pdf

#UN #HRC40 SESSION - ORAL INTERVENTIONS

Item #2 - Annual Report of the High Commissioner

Item #3 - Promotion of All Human Rights

Item #5 - Human Rights Bodies & Mechanisms

Item #6 - Universal Periodic Review

#UN #HRC40 SESSION - WRITTEN STATEMENT

The Devastating Impacts of the Saudi Arabia-led Coalition’s Economic Measures That Use Impoverishment and Starvation as a Weapon of War Against Civilians in Yemen

IDO, together with Americans for Democracy & Human Rights in Bahrain and Arabian Rights Watch Association, take this opportunity at the 40th Session of the United Nations (UN) Human Rights Council to express our continued deep dismay about the ongoing systematic violations of rights, particularly economic rights, by the Saudi Arabia-led intervention in Yemen. The unlawful economic coercive measures employed by the Saudi-led Coalition (Coalition) are illegally imposed on the entire population, resulting in devastating impacts on the most vulnerable, particularly women, children and the elderly.

On 26 March 2015, before UNSC Resolution 2216 was adopted, the Coalition began conducting daily bombardments on targets in Yemen and simultaneously imposed an aerial and naval blockade. The Coalition’s unilateral action occurred without a UN mandate and preceded the adoption of Resolution 2216 by three weeks. Despite this, the Coalition cites the resolution as a retroactive justification for its unilateral military action, claiming that it is enforcing the arms embargo that the resolution mandates.[1] But in practice, the military action has been marked by indiscriminate violence against civilians, resulting in severe human rights violations, particularly against those civilians who are most vulnerable: the elderly, women and children. The Coalition airstrikes, coupled with the aerial and naval blockade, constitute “comprehensive” unilateral coercive measures that seriously impede the Yemeni people’s right to self-determination by killing and maiming civilians, destroying civilian infrastructure, and disrupting the import and export of commercial goods (including food, medical supplies, and fuel) and humanitarian aid. In the absence of international action that is enforced in practice rather than merely displayed on paper, the crisis will likely continue to intensify as violations against civilians continue with impunity.

Deliberate, Systematic Destruction of Yemen’s Economy

The economy has contracted sharply since the war began mainly due to the unlawful restrictions and measures imposed on exports and imports which resulted in sharp price increases for commodities available in the market. The monetary and fiscal policies of the internationally recognized Saudi Arabian-led Coalition backed government in de facto exile coupled with the corruption and fragmentation of the Central Bank of Yemen has also played a central role in the weakening of the economy by causing a major devaluation of the Yemeni riyal. Not depositing oil revenues in the Central Bank of Yemen, starving the economy of hard currency, relying on printing large sums of the Yemeni riyal, enforcing a de facto blockade on commercial imports and hampering exports all contributed to the sharp devaluation. Whereas the value of the Yemeni Riyal was YR 215 before the imposition of these policies, the value steadily decreased to YR 520 at the end of 2018, and was hovering between YR 525 to YR 575 during January 2018. The UN Panel of Expert notes that the “volatile exchange rate appears to have reduced overall imports of essential commodities, including fuel, to Houthi-controlled areas and to have constrained essential humanitarian assistance.”

As a welcomed step towards alleviating some of the suffering, pensions belonging to about 40,000 people were disbursed in the months of November and December 2018 and January 2019. These pensioners have not received their full back-pay for the two years they were withheld. Although there are continued efforts to pay a half salary every three months from the de facto authorities in Sanaa to cover the balance of the back-pay which was withheld by the internationally recognized government, we urge continuation of the half salary payment until all entitlements have been fully disbursed. Although pensioners have begun to receive their entitlements, public sector employees have not received their salaries for 2.5 years which continues to directly impoverish over a million people and their dependents, weakening the economy further.[2] It is estimated that businesses have laid off over half the workforce and because of the systematic targeting of the agriculture and fishery sectors, which was the main source of income for three quarters of the population prior to the escalation of conflict, livelihoods have been severely impacted. Mobility of people and goods continues to be a major issue with the continued imposition of an unlawful flight ban to and from Sanaa International Airport which negatively affects commerce and exacerbates the dire humanitarian situation.

The Stockholm Agreement and its Humanitarian Confidence Building Measures

We welcome the efforts made by the international community and the UN Special Envoy, Martin Griffiths, which culminated in a landmark agreement in Stockholm (Stockholm Agreement) and the subsequent adoption of UN Security Council resolution 2451 and 2452 codifying the terms of the agreement. But we express dismay that not only was the flight ban on Sanaa International Airport not lifted, one of the most pressing issues facing civilians was not discussed, namely the economic measures imposed on the civilian population which is being used to impoverish and starve millions of Yemenis as a weapon of war.

Prisoner Exchange

While we welcome the agreement to exchange over 15000 prisoners held by the parties to the conflict, we express grave concern regarding the list provided by the Saudi-led Coalition backed government which included over 100 people who are deemed to be members of Alqaeda in the Arabian Peninsula (AQAP).[3] While it is reported that AQAP is fighting alongside the Coalition in the battle against what they call Houthis, some of the AQAP prisoners the Saudi Coalition backed government seek to be released were convicted and imprisoned before the war and others during the war, a number of whom have admitted to committing extrajudicial executions of Yemenis. We are sounding the alarm bells once more and question the cover of legitimacy and recognition given to an expired, exiled government that appoints members of AQAP to its cabinet, hires them as negotiators, utilizes other such designated people as clerics and who now seek their release when they have been imprisoned for materially supporting what is arguably deemed the single most dangerous terrorist group in the World today.

The delegation of the de facto authorities in Sanaa submitted a list of over 7000 of which the Coalition only recognized custody over about 700 despite the ICRC having visited some and the families having direct contact with the prisoners. On a brighter note, we welcome the unconditional release on 29 January 2019 of Musa Awaji,[4] the Saudi prisoner of war who was suffering from an ailment that could not be treated in Yemen due to the blockade on medicine and medical supplies. We also commend the reciprocity shown by the Saudi Coalition in releasing 7 prisoners belonging to the forces of the de facto authorities.[5] We hope that good faith measures such as these translate to the building of the requisite confidence to arrive at a political solution, and ultimately an end to the war.

Hodeida Ceasefire

As for the Hodeida ceasefire brokered in Stockholm, we condemn in the strongest terms the ongoing ceasefire violations, the repeated targeting and destruction of wheat silos in the Al Hali District of Hodeida, and the recent targeting and the killing of a member of the landmine removal personnel attempting to create safe passage to the silos. We also condemn the targeting of UN personnel working to monitor the ceasefire agreement.

Recommendations

Protecting the Yemeni economy is an objective that all parties should strive for given that its decline and potential collapse will affect civilians in all governorates, who must be spared the horrors of war. The payment of public sector salaries and continued payment of pensions to all is of critical importance to alleviating the humanitarian suffering faced by millions and will help jump start the economy. To do so, the Central Bank of Yemen must be administered by a board of capable directors established by consensus and revenues from oil exports must be deposited in a CBY account for distribution. As a first step, this requires the presence of representatives from all sides without which no agreement can be had as witnessed with the consultations in Stockholm where the delegates from the internationally recognized government responsible for the economic file did not discuss and attempt in good faith to resolve the outstanding economic issues. Instead, an agreement was made for a prisoner swap, a ceasefire in Hodeida and a de-escalation in Taiz, none of which have been implemented in full. However, we understand that the Stockholm Agreement was made to happen because of pressure from the international community borne out of an understanding that there can be no military victory in a battle that will further worsen a situation that is being called the worst humanitarian crisis in the World today. It is this type of sustained pressure we urge the United Nations and members states to exert on the parties to the war in order for them to come to an agreement that avoids an entire collapse of the economy and alleviates the suffering among millions of civilians. In addition, we urge the member states of the United Nations to maintain the pressure on the parties to fully implement the Stockholm Agreement and UN Security Council resolution 2451 and 2452 and express our full support for the efforts of the U.N. Special Envoy Martin Griffiths in that regard.

——————————————

Citations

[1] Saudi Coalition response to United Nations Special Rapporteurs’ Joint Communication. 27 December 2016. https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=33332

[2] https://twitter.com/arwa_rights/status/1052547631178797056

[3] https://twitter.com/arwa_rights/status/1078603155766689792

[4] https://twitter.com/OSE_Yemen/status/1090270141344927744

[5] https://twitter.com/OSE_Yemen/status/1090657170931281921

#UN #HRC39 SESSION - INTERACTIVE DIALOGUE WITH GROUP OF EMINENT EXPERTS

#UN #HRC39 SESSION - ORAL INTERVENTIONS

ITEM #2 - Annual Report of the High Commissioner

ITEM #3 - Promotion and Protection of All Human Rights

ITEM #5 - Human Rights Bodies and Mechanisms

ITEM #6 - Universal Periodic Review

ITEM #8 - Vienna Declaration

ITEM#9 - Racism, Discrimination, Xenophobia, Intolerance

ITEM #10 - Technical Assistance and Capacity Building

#UN #HRC39 SESSION - WRITTEN STATEMENT

Unlawful Intervention in Yemen: The Devastating Impacts of Saudi-led Coalition’s Illegal Unilateral Coercive Measures on Civilians & Children

IDO, together with Americans for Democracy & Human Rights in Bahrain and Arabian Rights Watch Association, take this opportunity at the 39th Session of the United Nations (UN) Human Rights Council to express deep dismay about regular violations of children’s rights by the Saudi Arabia-led intervention in Yemen. The unlawful military action by the Saudi Coalition is illegally imposing unilateral coercive measures against the entire population, resulting in devastating impacts on the most vulnerable populations, particularly children.

Unlawful War Employing Unlawful Unilateral Coercive Measures

On 26 March 2015, before UNSC Resolution 2216 was adopted, the Saudi Arabia-led Coalition began conducting daily bombardments on targets in Yemen and simultaneously imposed an aerial and naval blockade. The Coalition’s unilateral action occurred without a UN mandate and preceded the adoption of Resolution 2216 by three weeks. Despite this, the Coalition cites the resolution as a retroactive justification for its unilateral military action, claiming that it is enforcing the arms embargo that the resolution mandates. But in practice, the military action has been marked by indiscriminate violence against civilians, resulting in severe human rights violations, particularly against those who are most vulnerable: the elderly, women and children. The Coalition airstrikes, coupled with the aerial and naval blockade, constitute “comprehensive” unilateral coercive measures that seriously impede the Yemeni people’s right to self-determination by killing and maiming civilians, destroying civilian infrastructure, and disrupting the import and export of commercial goods (including food, medical supplies, and fuel) and humanitarian aid. The unlawful Saudi-led intervention has amplified and exacerbated civilian suffering caused by parties to Yemen’s internal conflict, including pro-Hadi forces, salafist fighters, extreme violent groups and fighters belonging to the de facto authorities led by the Ansar Allah-General People’s Congress alliance. As a result, Yemen is experiencing the largest humanitarian crisis in the world. In the absence of appropriate international action, the crisis will likely continue to intensify as violations against civilians continue with impunity.

Airstrikes on Children

According to the UN, more than 14,000 civilians have so far been killed or injured in Yemen’s conflict, including approximately 5,600 children.[1] The 2018 UN Humanitarian Needs Overview found that 8,757 people had died and 50,610 had been injured at the end of 2017,[2] but this excludes the first eight months of 2018, which saw increased airstrikes on civilian vehicles and a rise in civilian casualties. As such, these figures are disputed, with many organizations finding higher casualty rates. The Yemen-based Legal Center for Rights and Development reports that in the first 1200 days of the war a total of 14,718 civilians were killed by Coalition airstrikes. Of this larger civilian death toll, 2,185 were women, and 3,308 were children. Another 2,477 women and 3,222 children were maimed.[3] Come another 30 days and these numbers rose to 3,359 child deaths and 3,310 injuries.[4] Stated differently, about six children in Yemen are being killed or maimed per day by airstrikes since the war began. Given that over 30,000 adults have been killed or maimed by airstrikes as well, many surviving children are orphaned and traumatized. In addition, 15 airports and 14 seaports were targeted with airstrikes, alongside 318 health facilities including 5 maternity centers, 882 schools (another 3750 were shut down compromising the right to education),[5] 727 water tanks and networks, 185 power stations (affecting refrigeration and water pumping facilities), 620 markets, 316 factories, 2963 agricultural fields, 295 poultry/livestock farms, 746 food warehouses, 608 food trucks, and 2512 roads and bridges, among other civilian objects.[6] The routine targeting of spaces where children are likely to be present, such as schools, have caused 4.5 million children to cease attending school altogether.[7]

The Coalition has also deployed internationally banned cluster munitions in civilian areas on at least 60 occasions, which particularly increase the danger faced by children[8] as 221 children casualties were documented to be due to cluster munitions.[9] Despite the danger posed to children, the Coalition continues to use these internationally banned weapons on civilian areas with impunity.

And impunity for such crimes against children is inevitable so long as the international community supports mechanisms that allow the alleged perpetrator – the Saudi Coalition – to alone investigate violations. Moreover, the Coalition has and will continue to deem children legitimate military targets. For example, on 9 August 2018, a Coalition airstrike targeted a school bus near a market in Dhahyan district of the Saada governorate killing 51 civilians, 40 of whom were children, and resulting in a further 79 injuries, 56 of whom were children as well. But according to the official Coalition spokesperson, Turki Almaliki, the airstrikes were on a legitimate military target in line with international humanitarian law, customs and norms.[10] This should come as no surprise as the Joint Incidents Assessment Team panel of investigators set up by the Coalition found in almost all cases it investigated that the Coalition was pursuing a legitimate military target.

Blockade on Children

The blockade on food, medical, and fuel supplies has also caused mass suffering among the civilian population on a larger scale. According to Yemen’s Ministry of Public Health and Population, over 10,000 civilians died because they could not get medical treatment abroad due to the Coalition’s ban on flights to and from Sana’a International Airport.[11] The Department of Transportation and General Aviation Authority in Yemen, however, places the death toll from the travel ban at over 13,000 civilians[12] while the Ministry of Human Rights based in Sanaa claims 17,608 civilians died as a result.[13]

Moreover, cholera is now affecting an estimated one million people in Yemen, mainly children under the age of 15 who account for 41 percent of suspected cases and 25 percent of the deaths.[14] Children, pregnant women and people with chronic health conditions are at greater risk of death as they face the “triple threat” of conflict, famine and cholera. 18 million civilians face food insecurity. About 2.8 million require acute malnutrition treatment, including 1.8 million children and 1.1 million pregnant, lactating women.[15] According to the Office of Coordination for Humanitarian Affairs (OCHA), “the blocking of essential medicine and vaccines and the lack of fuel arriving in Al Hudaydah port will impact millions of people that are already suffering from a lack of health services and multiple preventable diseases. All health facilities are reliant on fuel for delivering essential life-saving services and Diphtheria is spreading fast with 120 clinically diagnosed cases and 14 deaths in the last week. At least one million children are at risk of contracting the disease.”[16] OCHA goes on to state in its report that “[t]he inability to re-supply life-saving maternal medicines and supplies will threaten the lives of 400,000 pregnant women and their newborns, including 53,000 pregnant women who are likely to develop complications during childbirth. A child is dying every ten minutes,[17] amounting to over 63,000 children deaths in 2016 alone due to preventable causes according to UNICEF.[18] According to Save the Children an estimated 50,000 children died due to preventable causes in 2017.[19] The Ministry of Human Rights puts the number at 247,000 children deaths because of preventable malnutrition-related diseases that remained untreated due to the Coalition’s blockade on food, medicines and fuel necessary to operate a facility that delivers healthcare services.[20

Recommendations

A mechanism must be established that holds perpetrators accountable for violations of children’s rights, makes available legal redress for victims of those violations, and has the power to enforce judgments of compensation through appropriate means. Unfortunately, this imperative has been obstructed by a vote in the U.N. Human Rights Council in September 2015 that established a flawed National Commission and by subsequent votes to extend its mandate despite its evident partiality. Although the vote in September 2017 to establish a group of eminent experts to investigate rights violations in Yemen is a step in the right direction, it falls short of the accountability standards that come with an international commission of inquiry. To that end, we reiterate our call on the Council to institute an independent international commission of inquiry to investigate and verify violations of children’s rights and other abuse of international law in Yemen.

_______________________________

Citations

[1] Civilians in war-torn Yemen ‘under fire on all sides’ – UN rights chief, UN News, 12 February 2018 https://news.un.org/en/story/2018/02/1002481

[2] 2018 Humanitarian Needs Overview, https://reliefweb.int/report/yemen/yemen-2018-humanitarian-needs-overview-enar

[3] https://twitter.com/LCRDye/status/1016594876501282816

[4] https://twitter.com/LCRDye/status/1027947044575567873

[5] Complaint to the Special Rapporteur on the Rights to Education, Arabian Rights Watch Association, 19 February 2017, http://arwarights.org/education-violations

[6] https://twitter.com/LCRDye/status/1016594876501282816

[7] 2018 Humanitarian Needs Overview, https://reliefweb.int/report/yemen/yemen-2018-humanitarian-needs-overview-enar

[8] https://mobile.twitter.com/arwa_rights/status/828672534790955009

[9] https://twitter.com/LCRDye/status/1027947044575567873

[10] https://www.spa.gov.sa/1796089

[11] Yemen airport closure killed more people than airstrikes, Norwegian Refugee Council, 9 August 2017, https://www.nrc.no/news/2017/august/yemen-airport-closure-killed-more-people-than-airstrikes/

[12] Department of Transportation: The death of over 13000 because of they could not travel abroad for medical treatment due to the aerial blockade, Department of Transportation, 9 August 2017, http://www.mot.gov.ye/view.php/?news_no=918

[13] Official Report of the Yemeni Ministry of Human Rights 2015-2018. 24 March 2018.

[14] Key Messages on Cholera, United Nations, 23 July 2017 https://docs.unocha.org/sites/dms/Yemen/Yemen%20Key%20Messages%20on%20cholera_23July2017.pdf

[15] Ibid

[16] Yemen: Impact of the closure of seaports and airports on the humanitarian situation - Situation Update 2, Office of Coordination of Humanitarian Affairs, 16 November 2017, https://reliefweb.int/report/yemen/yemen-impact-closure-seaports-and-airports-humanitarian-situation-situation-update-2-16

[17] https://twitter.com/OCHAYemen/status/810476064099233793?lang=en

[18] https://twitter.com/UNICEFmedia/status/829676324889489409

[19] YEMEN: Hunger & disease could kill at least 50,000 children this year, more if the aid blockade continues, 15 November 2017, https://www.savethechildren.org.uk/news/media-centre/press-releases/yemen--hunger---disease-could-kill-at-least-50-000-children-this

[20] Official Report of the Yemeni Ministry of Human Rights 2015-2018. 24 March 2018.

#UN #HRC38 SESSION - WRITTEN STATEMENT

Hadi Government’s Withholding of Public Sector Employee Salaries Impoverishes Millions, Including 41,000 Elderly Pensioners

IDO together with Americans for Democracy & Human Rights in Bahrain (ADHRB), and Arabian Rights Watch Association (ARWA) take this opportunity at the 38th session of the United Nations (UN) Human Rights Council (HRC) to raise concerns about the human rights implications of the withholding of pension benefits by the Hadi government from pensioners and older persons in the northern and western governorates of Yemen.

The Central Bank of Yemen (CBY) move to Aden in September 2016 under the control of the Hadi government has resulted in the non-payment of monthly salaries to about 1.5 million public sector employees since September 2016, despite assurances by the Hadi government to the international community that it would undertake all the obligations of the CBY. Given that each public sector employee has an average of five dependents, the lack of payment of their monthly salaries for over twenty months directly impoverishes about 7.5 million people. The reduced purchasing power due to the lack of salary payments has, in turn, negatively affected economic activity in general further impoverishing merchants and traders, their employees and families.

Although customs and tax revenues collected in southern and eastern governorates surpass the salary expenditures in those governorates, the surplus is not being transferred to branches in the North and West of Yemen where about eighty five (85) percent of the population is located. In addition newly printed bank notes in possession and control of the Hadi government were not transferred to CBY branches in the northern governorates, nor has surplus tax revenue from the southern and eastern governorates been transferred to the Northern and Western governorates.

The drop in Yemen’s foreign exchange reserves due in large part to the blocking of oil and gas exports coupled with the blockade on food, medicine and fuel imports has resulted in the skyrocketing of commodity prices by more than double pre-war price levels which has widened the poverty base in the country. The 2017 Humanitarian Needs Overview reinforced this stating that the “[c]onflict, severe economic decline and imposed restrictions are all contributing to basic commodity shortages and price rises, making it difficult for millions of Yemenis to afford food, water, fuel and other necessities even when these are available in markets.”[1] This situation continues to worsen and as a result “poverty amongst the population has continued to rise significantly” according to the 2018 Humanitarian Needs Overview.[2]

While withholding payment of salaries to public sector employees for over twenty months impoverished millions of civilians, the lack of payment of scholarships for students studying abroad has impacted their right to education causing hundreds to stop their pursuit of higher education because they could not cover tuition nor their accommodation including rent and general living expenses.

Hadi Government Withholds Pensions From 41,000 Elderly Persons

The liquidity crisis brought on by unlawful unilateral coercive measures coupled with the withholding of newly printed currency by the Hadi government has severely affected elderly persons who have pensions that are not being paid. Before the CBY move to Aden, all 123,807 pensioners nationwide in Yemen were receiving an entitled pension on a monthly basis equal to approximately YR 5.4 billion. After the CBY move to Aden under the control of the Hadi government, payments stopped to more than 41,000 pensioners, all of whom were located in Northern governorates. Pensioners are entitled to their benefits in cash based on their service for 35 years. The pension fund has a positive balance of approximately YR 800 billion that could cover pension entitlements for several years into the future yet the liquidity crisis and the decision of the Hadi government to selectively pay the pensions of the people located in southern governorates to the detriment of all pensioners in the northern governorates, save those in Taiz and Marib, has left over 41,000 elderly people without their sole source of income, more than a third of whom have chronic illnesses making them dependent on increasingly expensive medicine they have to purchase. The pension fund has a 5% shareholding[3] in Yemen Liquefied Natural Gas Company that yielded a monthly average of about YR 1.8 billion in 2014 but since the launching of the war, the Coalition has prevented it from exporting and no proceeds have been made available to pay pensioners.[4] Some examples of the suffering faced by pensioners follow:

- Abdallah AlSayf has been a pensioner since 2014. He died aged 57 after his pension was withheld for about 12 months. Suffering from cardiovascular disease, Abdallah could not afford his medicine and as a result needed immediate medical treatment abroad but restrictions imposed on traveling from Sanaa International Airport delayed his fight for three months and increased the costs of his trip which was routed through Djibouti. He died on 6 September 2017 leaving behind two dependents.

- Abdallah Alsharafi has been a pensioner since 2009. He suffered several brain strokes in 2015 and can no longer pay for his medication after his pension was withheld. He also is blind and has four dependents.

- Yahya Soufan has been a pensioner since 2000. He died at 75 years of age on 17 February 2017 after his health deteriorated rapidly from not being able to purchase basic necessities of food and water. He leaves behind one dependent.

- Fatima Alawami has been a pensioner since 2013. She has not been able to purchase basic necessities for her and her dependents. She suffers from eye problems and requires medical treatment lest she goes blind.

- Maryam Alkuhlani has been a pensioner since 2002. Ever since her pension was withheld her health rapidly deteriorated. She died aged 58 on 19 June 2017 leaving behind her 90 year old mother was dependent on Maryam.

Older persons with entitled pensions are particularly vulnerable because the pension is often times the only income an older person has to cover basic needs and the needs of dependents. According to the United Nations Principles for Older Persons, older persons should be able to live in dignity and security and be free of exploitation and physical or mental abuse, yet the withholding of pensions by the Hadi government only exploits their vulnerabilities and worsens their physical and mental state with the aim of achieving certain fleeting political and military objectives.

Recommendations

At the 38th Session of the Human Rights Council, IDO together with Americans for Democracy & Human Rights in Bahrain, and Arabian Rights Watch Association, urge U.N. Member States to work towards not only ending these measures but also ending the war and compensating its victims while supporting the group of eminent experts in order to ensure accountability for human rights violations, abuses and crimes committed in Yemen.

_____________________________

Citations

[1] 2017 Humanitarian Needs Overview, http://reliefweb.int/report/yemen/yemen-2017-humanitarian-needs-overview, [accessed 12 April 2018]

[2] 2018 Humanitarian Needs Overview, https://reliefweb.int/sites/reliefweb.int/files/resources/yemen_humanitarian_needs_overview_hno_2018_20171204_0.pdf, [accessed 12 April 2018]

[3] http://www.yemenlng.com/ws/en/go.aspx?c=ylng_share

[4] All claims made herein are based on discussions with the head of the General Authority for Social Security and Pensions and in person interviews of pensioners.

#UN #HRC37 SESSION - ORAL INTERVENTIONS

ITEM #3 - Promotion and Protection of All Human Rights

ITEM #5 - Human Rights Bodies and Mechanisms

ITEM #6 - Universal Periodic Review

ITEM #8 - Vienna Declaration

ITEM#9 - Racism, Discrimination, Xenophobia, Intolerance

#UN #HRC37 SESSION - WRITTEN STATEMENT

Three years of Saudi led Coalition unlawful unilateral coercive measures grossly violate the Yemeni people’s right to self-determination and result in the largest humanitarian catastrophe in the World

IDO, together with Americans for Democracy & Human Rights in Bahrain, and Arabian Rights Watch Association, express dismay over ongoing systematic rights violations in Yemen. These violations stem from the impeding of the Yemeni people’s right to self determination by the Saudi-led coalition's (the Coalition) use of unlawful unilateral coercive measures,[1] specifically, a war launched without a U.N. mandate involving the imposition of a comprehensive indiscriminate land, air, and sea blockade as well as daily airstrikes on civilians and civilian infrastructure under the cover of U.N. Security Council (U.N.S.C.) Resolutions 2140 and 2216, which do not actually empower the Coalition to take military action.

Based on the Vienna Declaration[2] all people have the political right to self-determination so that they can administer their own affairs and determine their own political, economic, social and cultural system without external interference or control whether by the intervention of another state’s military forces or through the use of mercenaries under its control or influence. Exercising this right, the Yemeni people, were making progress towards completing negotiations regarding a political solution that would govern their affairs in the post-Saleh transition period. During the deliberations and negotiations, the Coalition announced that it would begin conducting military operations in Yemen. According to the former U.N. Special Envoy to Yemen, Jamal Benomar, “when this campaign [the war on Yemen] started, one thing that was significant but went unnoticed is that the Yemenis were close to a deal that would institute power-sharing with all sides, including the Houthis.”[3]

The Coalition justifies its military intervention in Yemen as a measure to restore Transitional President Abdrabbu Mansour Hadi” (Hadi) to power after he was driven out by the Yemeni Army and Popular Committees led by the Ansar Allah[4] - GPC alliance. For this, the Coalition relies on an official request submitted to the United Nations (U.N.) Security Council on 24 March 2015 by Khaled Alyemany, the Permanent Representative of Yemen to the United Nations. Alyemany transmitted a letter from Hadi informing the President of the Security Council that “he has requested from the Cooperation Council for the Arab States of the Gulf and the League of Arab States to immediately provide support, by all necessary means and measures, including military intervention, to protect Yemen and its people from the continuing aggression by the Houthis.”[5] The Coalition also points to the adoption of U.N. Security Council Resolution 2216 to lend further support to the claim that the airstrikes and blockade imposed on Yemen is legitimate. However, despite these claims, the Coalition’s military actions have led to widespread human rights abuses and a humanitarian crisis and famine that have helped destroy government and civic institutions and infrastructure sharply degrade and grossly violate Yemenis’ right to self-determination. To the contrary, it has made it more difficult for Yemenis’ to safely exercise their right to self-determination.

Restoring the Government of Transitional President Hadi and Ensuing Rights Violations, Abuses and Crimes

In its attempt to restore Hadi to his office from de facto exile after his mandate expired, during the first 1,000 days of the military operations, the Coalition has violated Yemenis’ right to self-determination while committing widespread human rights abuses including:

1. Right to Life: While airstrikes resulted in over 50,000 civilian casualties, the blockade has caused millions to suffer. According to Yemen’s Ministry of Public Health and Population, over 10,000 civilians died because they could not get medical treatment abroad due to the Coalition’s ban on flights to and from Sanaa International Airport.[6] Children, pregnant women and people with chronic health conditions are at greater risk of death as they face the “triple threat” of conflict, famine and cholera.

2. Rights of Child: Over 5000 children casualties have occurred due to indiscriminate airstrikes.[7] Out of about 2.9 million people who require acute malnutrition treatment, 1.8 million are children and 1.1 million are pregnant, lactating women.[8] A child is dying every ten minutes[9] amounting to over 63,000 children deaths in 2016 alone due to preventable causes according to UNICEF.[10] And according to Save the Children another 50,000 children deaths are estimated in 2017.[11] This is due in large part to the blockade on food, medicine and fuel supplies.

3. Right to Food: While airstrikes targeted 300 factories, 593 markets, 692 food storage facilities, 548 food trucks, 245 poultry/cattle farms and 2256 agricultural fields[12] (many littered with cluster munitions), the blockade prevents food from entering Yemen’s ports leading to a situation where “17.8 million people in Yemen are food insecure. Out of this, approximately 8.4 million people are severely food insecure and at risk of starvation - a worrying increase of 24 percent. The conflict has destroyed people’s livelihoods and reduced their purchasing power, making it difficult for many Yemenis to meet minimal food needs.”[13]

4. Right to Health: 301 healthcare facilities were targeted by airstrikes.[14] The imposed blockade prevents food, medicine and fuel from entering Yemen’s ports.[15] In combination, the measures resulted in the lack of proper functioning of 50 percent of the facilities leaving 16.4 million people without access to healthcare.[16]

5. Right to Education: Airstrikes targeted 827 schools[17] while the lack of salary payments to public sector employees - ever since the Central Bank of Yemen (CBY) was placed under the control of the Coalition backed Hadi government - has affected two-thirds of teachers and an estimated 4.5 million children who have not been able to resume their education with the start of the school year in October 2017.[18]

6. Economic Rights: In addition to the mass suffering caused by these measures, Yemen's economy is devastated with a significant drop in Gross Domestic Product and in the level of employment in governorates where daily bombardment continues according to the Damage and Needs Assessment of the International Labor Organization.[19] Long term effects are expected because of the damage to education, health, agriculture and services sectors, which, in turn, exacerbates the development challenges Yemen will have to face in the future for years to come. Compounding the dire economic situation, the Central Bank of Yemen (CBY) move to Aden under the control of the Coalition backed Hadi government resulted in the non-payment of monthly salaries to about 1.5 million public sector employees since September 2016. Despite Hadi government assurances to the international community that it would undertake all obligations of the CBY, it has not done so for over fifteen months further calling into question his claimed legitimacy. Given that each public sector employee has an average of five dependents, the lack of payment of their monthly salaries for 18 months directly impoverishes about 7.5 million people and has negatively impacted economic activity further impoverishing merchants, their employees and families.[20]

7. Cultural Rights: Coalition airstrikes have targeted several sites designated as World heritage by UNESCO. The airstrikes have totally destroyed or partially damaged over 27 heritage sites in Yemen,[21] and there are increasingly more reports regarding violations of cultural rights in Coalition-occupied Socotra.

Recommendations

The Coalition’s unilateral coercive measures – the airstrikes on hospitals and schools, blockade of ports, restrictions on medicine and food, destruction of civic and government institutions and infrastructure – has devastated Yemen. As long as these measures remain in place and the Coalition’s attacks continue, Yemenis will not be able to safely and sustainably pursue self-determination. At the 37th Session of the Human Rights Council, IDO together with Americans for Democracy & Human Rights in Bahrain, and Arabian Rights Watch Association, urge U.N. Member States to work towards ending the war and facilitating Yemeni-Yemeni dialogue while supporting the group of eminent experts in order to ensure accountability for human rights violations, abuses and crimes committed in Yemen.

___________________________________

Citations

[1] Lift blockade of Yemen to stop “catastrophe” of millions facing starvation, says UN expert, OHCHR, 12 April 2017, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=21496&LangID=E

[2] Article I(2), Vienna Declaration and Programme of Action, 25 June 1993, http://www.ohchr.org/EN/ProfessionalInterest/Pages/Vienna.aspx

[3] United Nations Press Conference, Jamal Benomar, 27 April 2015, http://webtv.un.org/watch/jamal-benomar-special-adviser-to-the-secretary-general-on-yemen-security-council-media-stakeout-27-april-2015/4199486038001

[4] Ansar Allah is the official name and is otherwise commonly referred to as “Houthis.”

[5] Official Text of United Nations Security Council Resolution 2216, https://www.un.org/en/ga/search/view_doc.asp?symbol=S/RES/2216(2015)&referer=/english/&Lang=E

[6] Yemen airport closure killed more people than airstrikes, Norwegian Refugee Council, 9 August 2017, https://www.nrc.no/news/2017/august/yemen-airport-closure-killed-more-people-than-airstrikes/

[7] https://twitter.com/LCRDye/status/943092163365277697

[8] Key Messages on Cholera, United Nations, 23 July 2017 https://docs.unocha.org/sites/dms/Yemen/Yemen%20Key%20Messages%20on%20cholera_23July2017.pdf

[9] https://twitter.com/OCHAYemen/status/810476064099233793?lang=en

[10] https://twitter.com/UNICEFmedia/status/829676324889489409

[11] YEMEN: Hunger & disease could kill at least 50,000 children this year, more if the aid blockade continues, 15 November 2017, https://www.savethechildren.org.uk/news/media-centre/press-releases/yemen--hunger---disease-could-kill-at-least-50-000-children-this

[12] https://twitter.com/LCRDye/status/943092163365277697

[13] 2018 Humanitarian Needs Overview, https://reliefweb.int/report/yemen/yemen-2018-humanitarian-needs-overview-enar

[14] https://twitter.com/LCRDye/status/943092163365277697

[15] See complaints on health rights violations submitted to U.N. Special Procedures at http://arwarights.org/health-violations

[16] 2018 Humanitarian Needs Overview, https://reliefweb.int/report/yemen/yemen-2018-humanitarian-needs-overview-enar

[17] https://twitter.com/LCRDye/status/943092163365277697; see also http://arwarights.org/education-violations

[18] 2018 Humanitarian Needs Overview, https://reliefweb.int/report/yemen/yemen-2018-humanitarian-needs-overview-enar

[19] Yemen Damage and Needs Assessment, Crisis Impact on Employment and Labour Market, International Labour Organization, January 2016, http://www.ilo.org/wcmsp5/groups/public/---arabstates/---ro-beirut/documents/publication/wcms_501929.pdf

[20] For more information on the effects of the CBY move to Aden please see http://arwarights.org/right-to-food-violations

[21] http://arwarights.org/heritage

#UN #HRC36 SESSION - ORAL INTERVENTIONS

ITEM #3 - Promotion and protection of all human rights

ITEM #5 - Human Rights bodies and mechanisms

ITEM #6 - Universal Periodic Review

ITEM#9 - Racism, Discrimination, Xenophobia, Intolerance

ITEM #10 - Technical Assistance and Capacity Building

#UN #HRC36 SESSION - WRITTEN STATEMENT

30 Months of Ongoing Systematic Rights Violations and Crimes Caused by Unlawful Unilateral Coercive Measures on Yemen Demands An Independent International Commission of Inquiry

Arabian Rights Watch Association expresses utter dismay over the Saudi Arabian led Coalition’s (the “Coalition”) ongoing systematic rights violations in Yemen. These violations are in large part due to the Coalition’s unilateral coercive measures that have come in the form of a war launched without a U.N. mandate involving the imposition of a comprehensive indiscriminate land, air, and sea blockade and daily airstrikes on civilians and civilian infrastructure under the cover of U.N. Security Council (U.N.S.C.) Resolutions 2140 and 2216.

i) Unlawful unilateral coercive measures on Yemen result in the largest humanitarian crisis in the World

On 26 February 2014, the U.N.S.C. adopted Resolution 2140[1], which underlined the need to implement the political transition in Yemen and designated three individuals that would be subject to an asset freeze and travel ban measures. On 14 April 2015, the U.N.S.C. adopted Resolution 2216[2], which established an arms embargo, asset freeze and travel ban on five named individuals. The latter resolution aimed to, among other objectives, assist and commend the political transition in Yemen; express grave alarm at the significant and rapid deterioration of the humanitarian situation in Yemen; and express grave concern at the threat to peace and security in Yemen and the region.

On 26 March 2015, before U.N.S.C. Resolution 2216 was adopted, the Coalition imposed an aerial and naval blockade on Yemen. The Coalition’s unilateral action occurred without a U.N. mandate and preceded the adoption of Resolution 2216 by three weeks. Despite this, the Coalition cites the resolution as a justification for unilateral military action that it claims[3] is to enforce an arms embargo but that in effect involves ongoing egregious human rights violations and crimes committed against the Yemeni people. In practice, the airstrikes and aerial and naval blockade are “comprehensive” unilateral coercive measures that kill and maim civilians, destroy civilian infrastructure, and block restrict and disrupt both the import and export of commercial goods (including food, medical and fuel supplies) and humanitarian aid. Consequently, the human rights and humanitarian situation in Yemen has deteriorated significantly making Yemen the largest humanitarian crisis in the World.[4] These violations and crimes continue to be committed with impunity given that appropriate measures have not been adopted by the international community.

ii) Unlawful unilateral coercive measures violates the political rights of the Yemeni people

From a political rights standpoint, the Coalition’s unilateral coercive measures impede the political right to self determination of the Yemeni people, the representatives of whom were undergoing political negotiations before the Coalition intervened with a surprise attack to stall those efforts. According to the former U.N. Special Envoy to Yemen, Mr. Jamal Benomar: “When this campaign [i.e., Coalition military operations] started, one thing that was significant but went unnoticed is that the Yemenis were close to a deal that would institute power-sharing with all sides, including the Houthis.”[5] Not only was the political transition interrupted by the war, the Coalition sought to re-install as President, a person who a) had a term that expired[6], b) has insignificant support among the Yemeni population, and c) appoints U.S Treasury Specially Designated Global Terrorists as government officials, negotiators, and clerics.

iii) Unlawful unilateral coercive measures violates the economic rights of the Yemeni people

From an economic standpoint, the Coalition’s conduct in the war has violated the Yemeni people’s economic rights. U.N. Security Council Resolutions 2140 and 2216 do not sanction war on Yemen, nor do they make permissible airstrikes on civilians or civilian infrastructure or the imposition of a comprehensive land, air, and sea blockade that blocks regular trade, both import and export, in commercial goods, including food, medical, fuel supplies, and humanitarian aid. According to the Legal Center for Rights and Development, in the first 800 days of the war, a total of 12,574 civilian deaths by Coalition airstrikes were documented. Of those civilian deaths, 1,942 were women, and 2,689 were children. The total number of civilians wounded due to the indiscriminate airstrikes exceeds 40,000 according to the Undersecretary General for the Coordination of Humanitarian Affairs and Emergency Relief, Stephen Obrien.[7] In addition, 15 airports and 14 seaports were targeted with airstrikes, alongside 294 health facilities including five maternity centers, 775 schools, 368 water tanks and networks, 162 power stations (affecting refrigeration and water pumping facilities), 552 markets, 289 factories, 1,784 agricultural fields, 221 poultry/livestock farms, 676 food warehouses and 528 trucks carrying food among other civilian objects including 1733 roads and bridges.[8] Yemen's economy is devastated because of these measures that resulted in a significant drop in the level of employment in governorates where bombardment continues according to the Damage and Needs Assessment of the International Labor Organization.[9] Long term effects are expected because of the damage to education, health, agriculture and services sectors, which, in turn, exacerbates the development challenges Yemen will have to face.

Compounding the dire economic situation, the Central Bank of Yemen’s (CBY) move to Aden under the control of the Coalition backed Hadi government-in-exile resulted in the non-payment of monthly salaries to about 1.5 million public sector employees since September 2016. Despite Hadi government-in-exile assurances to the international community that it would undertake all obligations of the CBY, it has not done so for the past year. Given that each public sector employee has an average of five dependents, the lack of payment of their monthly salaries for 12 months directly impoverishes about 7.5 million people and negatively impacts economic activity further impoverishing merchants, their employees and families.

iv) Unlawful unilateral coercive measures violates the right to health of the Yemeni people

From a health standpoint, the blockade on food, medical and fuel supplies coupled with the airstrikes on health facilities and cadre, power plants, water and food networks has caused mass suffering among the civilian population, particularly the most vulnerable: the injured, children and the elderly. According to Yemen’s Ministry of Public Health and Population, 10,000 civilians died because they could not get medical treatment abroad due to the Coalition’s ban on flights to and from Sanaa International Airport.[10] Cholera is affecting an estimated 450,000 people mainly children under the age of 15 who account for 41 percent of suspected cases and 25 percent of the deaths while those aged over 60 represent 30 percent of fatalities. Children, pregnant women and people with chronic health conditions are at greater risk of death as they face the “triple threat” of conflict, famine and cholera. 17 million civilians are food insecure. About 2.8 million require acute malnutrition treatment, including 1.8 million children and 1.1 million pregnant, lactating women.[11] A child is dying every ten minutes[12] amounting to over 63,000 children deaths in 2016 alone due to preventable causes according to UNICEF.[13]

Conclusion

In effect, the unilateral coercive measures imposed on Yemen are actions contrary to the intentions of U.N. Security Council Resolution 2140 and 2216 as the war has been the 1) greatest impediment to a peaceful political transition in Yemen 2) main cause of the exacerbation of the humanitarian situation, and 3) main threat to international peace and security of states in the region and the World at large. According to the U.N. Special Rapporteur on Unilateral Coercive Measures, Idriss Jazairy, the blockade “amounts to an unlawful unilateral coercive measure (UCM) under international law” that “involves grave breaches of the most basic norms of human rights law, as well as of the law of armed conflict, which cannot be left unanswered.”[14]

Recommendation

At the 36th Session of the Human Rights Council, Arabian Rights Watch Association urges UN Member States to set up an independent international commission of inquiry into the crimes being committed by all parties to the war on Yemen and/or a recommendation to the U.N. Security Council to transfer the case to the International Criminal Court.

----------------------------------------------------------

Citations

[1] Security Council 2140 Sanctions Committee Designates Three Individuals as Subject to Assets Freeze, Travel Ban, 7 November 2014, http://www.un.org/press/en/2014/sc11636.doc.htm

[2] Security Council Demands End to Yemen Violence, Adopting Resolution 2216 (2015), with Russian Federation Abstaining, 14 April 2015, http://www.un.org/press/en/2015/sc11859.doc.htm

[3] U.N. Communication to the Special Procedures, 9 January 2017, https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=49048

[4] USG/ERC Stephen O’Brien Statement to the Security Council on Missions to Yemen, South Sudan, Somalia and Kenya and an Update on the Oslo Conference on Nigeria and the Lake Chad Region, OCHA, 10 March 2017, http://reliefweb.int/report/yemen/usgerc-stephen-o-brien-statement-security-council-missions-yemen-south-sudan-somalia

[5] United Nations Press Conference, Jamal Benomar, 27 April 2015, http://webtv.un.org/watch/jamal-benomar-special-adviser-to-the-secretary-general-on-yemen-security-council-media-stakeout-27-april-2015/4199486038001

[6] Agreement on the implementation mechanism for the transition process in Yemen in accordance with the initiative of the Gulf Cooperation Council (GCC). http://peacemaker.un.org/sites/peacemaker.un.org/files/YE_111205_Agreement%20on%20the%20implementation%20mechanism%20for%20the%20transition.pdf

[7] Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Stephen O’Brien Statement to the Security Council on Yemen, New York, 16 February 2016 http://reliefweb.int/report/yemen/under-secretary-general-humanitarian-affairs-and-emergency-relief-coordinator-stephen-4

[8] https://twitter.com/LCRDye/status/874224289939062785

[9] http://www.ilo.org/wcmsp5/groups/public/---arabstates/---ro-beirut/documents/publication/wcms_501929.pdf

[10] Yemen airport closure killed more people than airstrikes, Norwegian Refugee Council, 9 August 2017, https://www.nrc.no/news/2017/august/yemen-airport-closure-killed-more-people-than-airstrikes/

[11] Key Messages on Cholera, United Nations, 23 July 2017 https://docs.unocha.org/sites/dms/Yemen/Yemen%20Key%20Messages%20on%20cholera_23July2017.pdf

[12] https://twitter.com/OCHAYemen/status/810476064099233793?lang=en

[13] https://twitter.com/UNICEFmedia/status/829676324889489409

[14]Lift blockade of Yemen to stop “catastrophe” of millions facing starvation, says UN expert, OHCHR, 12 April 2017, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=21496&LangID=E

#UN #HRC35 SESSION - ORAL INTERVENTIONS

ITEM #3 - Promotion and protection of all human rights

ITEM #5 - Human Rights bodies and mechanisms

ITEM #6 - Universal Periodic Review

ITEM #8 - Vienna Declaration

ITEM#9 - Racism, Discrimination, Xenophobia, Intolerance

ITEM #10 - Technical Assistance & Capacity Building

#UN #HRC35 SESSION - WRITTEN STATEMENT

26 Months of Ongoing Airstrikes and a Blockade on Yemen Causes a Catastrophic Humanitarian Disaster That Makes Famine Possible in 2017

IDO, together with Americans for Democracy & Human Rights in Bahrain, and Arabian Rights Watch Association, express dismay over the Saudi Arabian led Coalition’s (the “Coalition”) ongoing systematic rights violations in Yemen. These violations are in large part due to: i) the imposition of a comprehensive indiscriminate land, air, and sea blockade under the false cover of UN Security Council Resolutions 2140 and 2216 and ii) airstrikes on civilians and civilian infrastructure that include the continued use of internationally banned cluster munitions. Compounding the humanitarian burden is the threat of a Coalition offensive against Hodeida which would most likely place about 14 million people in a man-made famine. We also express our deep concern with the Saudi-led Coalition backed Yemeni government in exile’s decisions to iii) withhold the salaries of about 1.5 million public sector employees for ten months and iv) arbitrarily detain and extra-judicially kill civilians without fair trial.

a) Ongoing Systematic Violations of the Laws of War, Human Rights Law, Humanitarian Law

i) Imposition of a comprehensive blockade by the Saudi-led Coalition

The Saudi-led Coalition’s implementation of Resolutions 2140 and 2216 has played a major role in the food insecurity of an estimated 14 million Yemenis, 7 million of whom are severely food insecure and do not know where there next meal will come from. While U.N. Security Council Resolutions 2140 and 2216 may have been intended as a “smart” coercive measure designed to place an arms embargo, asset freeze and travel ban on five specifically named individuals, the Coalition’s actual use transformed U.N. Security Council Resolution 2216 into a “comprehensive” coercive measure that violates the human rights of millions of Yemenis, particularly their right to food, medicine and to be free from poverty. These U.N. Security Council resolutions do not sanction war on Yemen, nor do they make permissible the imposition of a comprehensive land, air, and sea blockade that blocks regular trade, both import and export, in commercial goods, including food, medical, fuel supplies, as well as humanitarian aid.

Despite the specificity of these resolutions, the Saudi Coalition unilaterally launched a war by land, air and sea citing the resolutions to justify a blockade on millions of Yemenis that has exponentially exacerbated the already dire humanitarian situation in Yemen. According to the Special Rapporteur on Unilateral Coercive Measures, Idriss Jazairy, “[t]he blockade involves a variety of regulatory, mostly arbitrary, restrictions enforced by the coalition forces – including an unreasonable delay and/or denial of entry to vessels in Yemeni ports. Mr. Jazairy says it amounts to an unlawful unilateral coercive measure (UCM) under international law.”[1] Mr. Jazairy goes on to state that “[t]he blockade involves grave breaches of the most basic norms of human rights law, as well as of the law of armed conflict, which cannot be left unanswered.” Along these lines, the Special Rapporteur on the Right to Food, Ms. Hilal Elver, emphasized that “[t]he deliberate starvation of civilians, in both international and internal armed conflict may constitute a war crime, and could also amount to a crime against humanity in the event of deliberate denial of food.”

ii) Airstrikes on civilian targets that include the use of internationally banned cluster munitions

According to the Legal Center for Rights and Development, in the first 700 days of the war, a total of 12,041 civilians were documented to have been killed by Coalition airstrikes. 7,603 were men, 1,870 were women, and 2,568 were children. The total number of civilians wounded due to the indiscriminate airstrikes exceeds 40,000 according to the Undersecretary General for the Coordination of Humanitarian Affairs and Emergency Relief, Stephen Obrien. In addition, 15 airports and 14 seaports were targeted with airstrikes, alongside 270 health facilities,[2] 757 schools,[3] 281 water tanks and networks,[4] 160 power stations (affecting refrigeration and water pumping facilities), 535 markets, 271 factories, 1565 agricultural fields, 207 poultry farms,[5] 660 food warehouses and 502 trucks carrying food[6] among other civilian objects including 1520 roads and bridges.[7]

In addition to the indiscriminate use of air power in attacks on civilian populations, the Coalition has also used internationally banned cluster munitions on civilian populations on at least 60 occasions in violation of the principles of distinction, proportionality, and military necessity.[8]

Furthermore, the continued threat of an offensive on Hodeida is cause of major concern. An offensive on Yemen’s main port city would most likely exacerbate the humanitarian situation and displace civilians from the city as witnessed in Mokha. One main difference would be scale, though. Whereas 48000 civilians were displaced in Mokha, the number of displaced people due to a Hodeida offensive may easily run in the hundreds of thousands and would most likely tip millions of civilians in Yemen into famine.

iii) Yemeni government in exile control over Central Bank of Yemen operations and withholding of public sector salaries

The Central Bank of Yemen (CBY) move directly interfered with the CBY’s implementation of Yemen’s fiscal and monetary policy and thereby its ability to fulfill its mandate causing millions of civilians to suffer as a result. The CBY move to Aden under the control of the Hadi government-in-exile has resulted in the non-payment of monthly salaries to about 1.5 million public sector employees since September 2016, despite assurances by the Hadi government-in-exile to the international community that it would undertake all the obligations of the CBY. Given that each public sector employee has an average of five dependents, the lack of payment of their monthly salaries for over 10 months directly impoverishes about 7.5 million people. The reduced purchasing power due to the lack of salary payments has had a general indirect negative effect on economic activity further impoverishing merchants and traders, their employees and families.

Customs and tax revenues collected in southern and eastern governorates surpass their salary and operations expenditures yet the surplus is not being transferred to branches in the North and West of Yemen where 85 percent of the population is located. In addition to newly printed bank notes in possession of the Hadi government-in-exile not being transferred to CBY branches under the control of de facto authorities, surplus tax revenue from the southern and eastern governorates is not being transferred to the Northern and Western governorates either.

Whereas, the CBY under Bin Humam was facilitating the underwriting of transactions on behalf of merchants importing basic commodities such as wheat, rice and oil, this is no longer happening effectively under the CBY governance of the Hadi government-in-exile. According to Obrien’s update to the U.N. Security Council on 26 January 2017, “[t]he sharp decline in the Central Bank’s foreign reserves combined with its move to Aden and lack of liquidity has a ruinous socio-economic impact. Yemen could run out of wheat within months unless traders can access lines of credit in the coming weeks. Foreign banks no longer accept financial transactions with many of Yemen’s commercial banks. We must mobilize to sustain the traders’ ability to import, replenish the country’s stocks of staple food and reverse the trend of growing food insecurity and potential starvation. In addition, some humanitarian organizations are struggling to find enough cash to implement projects. The end result is a country in economic distress, which is translating into acute humanitarian need.”[9]

While the lack of payment to public sector employees for over 10 months impoverished over 7.5 million civilians, the lack of payment of scholarships for students studying abroad has caused hundreds to stop their pursuit of higher education because they cannot cover tuition nor their accommodation expenses such as rent and general living expenses.

iv) Coalition arbitrarily detains and extra-judicially kills civilians without fair trial

We are very concerned with the increasing reports of arbitrary detentions and extrajudicial killings of civilians occurring in the territories held by the Coalition. One recent incident brought to our attention deals with the detention and alleged killing of Mabkhoot Saleh Mabkhoot Alnuaimi. On 30 September 2016, an armed group operating under Coalition command detained Alnuaimi at a checkpoint, after removing him forcefully from the car he, his wife and children were in while they were on their way to Maarib from Nihm to escape the fighting. He was taken to the 7th District in Fardhat Nihm then allegedly transferred some time later to a facility belonging to what is referred to as the General Intelligence in Maarib City. Six months later on 26 March 2017, Alnuaimi’s family received word that he was dead but until this date the family has never received the body nor has it been able to locate the body despite mediations by the International Red Cross.

Recommendation

At the 35th Session of the Human Rights Council, IDO together with Americans for Democracy & Human Rights in Bahrain, and Arabian Rights Watch Association, urge UN Member States to:

Set up an independent international commission of inquiry into the crimes being committed by all parties to the war on Yemen and/or make a recommendation to the UN Security Council to transfer case to International Criminal Court.
End all forms of military support that enables any State, including members of the Coalition, to partake in the human rights violations and crimes against civilians in Yemen.
Facilitate humanitarian access to impoverished areas.
Facilitate Yemeni-Yemeni dialogue without foreign intervention.

________________________________________

Citations

[1]Lift blockade of Yemen to stop “catastrophe” of millions facing starvation, says UN expert, OHCHR, 12 April 2017, http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=21496&LangID=E

[2] http://arwarights.org/airstrikes-on-healthcare-facilities

[3] http://arwarights.org/education-violations

[4] https://twitter.com/arwa_rights/status/798202287269232640

[5] https://twitter.com/arwa_rights/status/798255050002792448

[6] https://twitter.com/arwa_rights/status/798212362738298881

[7] https://twitter.com/arwa_rights/status/798204847837368321; https://twitter.com/arwa_rights/status/798207790804303872

[8] https://twitter.com/arwa_rights/status/828672534790955009

[9] Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Stephen O’Brien Statement to the Security Council on Yemen, New York, 26 January 2017, http://reliefweb.int/report/yemen/under-secretary-general-humanitarian-affairs-and-emergency-relief-coordinator-11 [accessed 10 May 2017]

#UN #HRC34 SESSION - ORAL INTERVENTIONS

ITEM #3 - Promotion and protection of all human rights

ITEM #5 - Human Rights bodies and mechanisms

ITEM #6 - Universal Periodic Review

ITEM #8 - Vienna Declaration

ITEM #9 - Racism, Racial Discrimination, Xenophobia

Item #10 - Technical Assistance and Capacity Building

#UN #HRC34 SESSION - WRITTEN STATEMENT

Saudi Coalition Blockade and Airstrikes Against the People in Yemen For 23 Months Causes a Catastrophic Humanitarian Disaster That Makes Famine Possible in 2017

Arabian Rights Watch Association expresses dismay over the Saudi Arabian led Coalition’s (the “Coalition”) a) ongoing systematic rights violations in Yemen. These violations are in large part due to: i) the imposition of a comprehensive indiscriminate land, air, and sea blockade under the false cover of UN Security Council Resolutions 2140 and 2216 and ii) airstrikes on civilian targets that include the continued use of internationally banned cluster munitions. We also express our deep concern with the Saudi-led Coalition backed Yemeni government in exile’s decisions to iii) appoint individuals to government related posts who are listed as US Treasury Specially Designated Global Terrorists and iv) move the Central Bank to Aden which adds to the already dire humanitarian burden.

a) Ongoing Systematic Violations of the Laws of War, Human Rights Law, Humanitarian Law

i) Imposition of a comprehensive blockade by the Saudi-led Coalition

The Saudi-led Coalition’s implementation of Resolutions 2140 and 2216 has played a major role in the food insecurity of an estimated 14 million Yemenis, 7 million of whom are severely food insecure and do not know where there next meal will come from. This number represents a 33% increase from pre-war levels in late 2014, according to the 2017 Humanitarian Needs Overview.

The Office for the Coordination of Humanitarian Affairs (OCHA) expects that food insecurity will further deteriorate in 2017 “due to conflict-induced scarcity of basic commodities, the liquidity crisis, disruption of imports, the high price of essential commodities and dwindling livelihoods and income opportunities.”[1] According to the Under-Secretary-General and Emergency Relief Coordinator Stephen O’Brien (O’Brien), as it stands, “the situation for children is especially grave. 2.2 million babies, boys and girls are acutely malnourished and almost half a million children are suffering from severe acute malnutrition. This represents a 63% increase since late 2015. Children are going to bed hungry every night.”[2] According to the Famine Early Warning Systems Network, the crisis brought on by the conflict “has led to uncertainty about future food imports. In a worst-case scenario where food imports drop substantially for a sustained period of time or where conflict persistently prevents the flow of food to local markets, Famine (IPC Phase 5) is possible in 2017.”[3]

To compound the issues faced with food insecurity, 55% of hospitals, clinics and health units have shut down. Airstrikes on health facilities[4] and the blockade on food, medicine and fuel is causing an estimated 14 million Yemeni people to be without adequate access to basic healthcare needs and has in large part brought on the financial crisis faced by the Yemeni Ministry of Public Health and Population (MOPHP) which “is likely to leave broad swathes of Yemen without health services.”[5] This financial crisis is largely brought on by the Coalition’s comprehensive blockade reducing exports and customs taxation and fees on imports that provide revenue that goes towards covering public sector needs. This issue prompted the MOPHP in August 2016 to make an announcement that Ministry funding can no longer cover operational costs.

The Coalition’s blockade bans commercial flights to and from Sanaa International Airport and blocks ships from entering Hodeida Port causing a significant drop in the availability of medicines. The flight ban to and from Sanaa International Airport for the past 6 months restricts the ability to import medicine via commercial flights, which is often times the only way to import medicines requiring refrigeration and timely transport. Incoming ships are often diverted to Jeddah International Port or a port in Djibooti delaying entry by up to three months. Unfortunately, even with the U.N. Verification and Inspection Mechanism in place, the Coalition continues to have the final word on cargo attempting to enter all Red Sea ports, including Hodeida port which is the lifeline of the population handling about 80% of imports into Yemen before the war began. Even when ships are allowed entry, they cannot dock and unload at Hodeida Port in a timely, efficient manner as a result of Coalition airstrikes that destroyed all cranes at Hodeida Port and their berthing points causing problems in offloading cargo and long delays that can take up to three months. In addition, members of the Coalition such as the United Arab Emirates, do not allow any medicine to be shipped from its ports to any of the Red Sea ports.[6]

The blockade on medicines particularly effects vulnerable patient populations such as those with kidney failure among other health problems and diseases. For example, Mohammad a Yemeni citizen, had a kidney transplant in 1998 at the age of ten. With this transplant, Mohammad dramatically increased his quality of life during his childhood and throughout his life as an adult. Eighteen years later, in late 2016, Mohammad’s transplanted kidney was rejected by his body because his immunosuppressants were no longer available locally nor could they be obtained via a traveler flying to Sanaa International Airport.[7] There are over 5000 patients with kidney failure and thousands others with heart disease and other health related problems requiring medicine that’s no longer available and cannot be made readily available due to the blockade.

ii) Airstrikes on civilian targets that include the use of internationally banned cluster munitions

According to the Legal Center for Rights and Development, in the first 680 days of the war, a total of 11,929 civilians were documented to have been killed by Coalition airstrikes. 7,531 were men, 1,856 were women, and 2,542 were children. The total number of civilians wounded due to the indiscriminate airstrikes exceeds 40,000 according to Obrien, of which 19,885 were documented by the Legal Center for Rights and Development. 1489 bridges and roads were destroyed along with 159 power stations, 274 water stations and networks, 319 telecom stations, 15 airports, 14 sea ports and harbors, 400,000 residential homes, 269 health facilities, and 751 schools among other civilian infrastructure.

In addition to the indiscriminate use of air power to attack civilian populations, the Coalition continues to use internationally banned cluster munitions on civilian populations in violation of the principles of distinction, proportionality, and military necessity.

iii) Yemeni government in exile appointment of designated terrorists to government related posts

We also bring to your attention our continued concern with the Coalition and the internationally recognized government-in-exile’s appointments of individuals on the U.S Treasury list of Specially Designated Global Terrorists. Of particular concern are the appointments of Alqaysi as a governor and Alhumayqani as a negotiator in addition to affiliations with Alzindani who is a cleric, and Alzaydi who facilitates material support to Alqaeda. It goes without saying that terrorists who are governing will inevitably violate the human rights of civilians living in the areas under their control and other areas where Alqaeda is seeking to gain control or influence not to mention the anti terror raids that result in civilian casualties as well.

iv) The recent decision to move the Central Bank to Aden adding to already dire humanitarian burden

The decision to move the Central Bank and the disruption it has caused to the payment of government salaries has amplified the humanitarian burden among 6 million people who depend on those salaries for basic necessities. Yemen’s biggest traders have not been able to import wheat as the move has disrupted the Central Bank’s traditional role as underwriter and facilitator of such transactions. Oxfam reports that “a halt on wheat imports can further plunge the Yemeni population to a worryingly catastrophic hunger that will inevitably lead to a widespread starvation.”

Recommendation

At the 34th Session of the Human Rights Council Arabian Rights Watch Association, urge UN Member States to:

Set up an independent international commission of inquiry into the crimes being committed by all parties to the war on Yemen and/or make a recommendation to the UN Security Council to transfer case to International Criminal Court.
End all forms of military support that enables any State, including members of the Coalition, to partake in the human rights violations and crimes against civilians in Yemen.
Facilitate humanitarian access to impoverished areas.
De-legitimize the Saudi-led Coalition backed Yemeni government in exile for its connections to terror and violent extremist groups.
Facilitate Yemeni-Yemeni dialogue without foreign intervention.

_________________________________

Citations

[1] Yemen: Humanitarian Dashboard (January - December 2016), OCHA, http://reliefweb.int/sites/reliefweb.int/files/resources/humanitarian_dashboard_jan_to_dec_-_25122017_v2.pdf [accessed 30 January 2017]

[2] Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Stephen O’Brien Statement to the Security Council on Yemen, New York, 26 January 2017, http://reliefweb.int/report/yemen/under-secretary-general-humanitarian-affairs-and-emergency-relief-coordinator-11 [accessed 30 January 2017]

[3] Food Assistance Outlook Brief, Famine Early Warning Systems Network, January 2017, http://reliefweb.int/sites/reliefweb.int/files/resources/Final%20Jan%202017%20FAOB_0.pdf [accessed 30 January 2017]

[4] Complaintto the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: Airstrikes on medical workers, facilities, and infrastructure in Yemen, 31 January 2017, http://arwarights.org/airstrikes-on-healthcare-facilities [accessed on 8 February 2017]

[5] 2017 Humanitarian Needs Overview

[6] Complaint to the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: The Saudi Coalition blockade and its effect on the importation of medicines into Yemen, 31 January 2017, http://arwarights.org/blockade-on-medicines [accessed on 8 February 2017]

[7] Complaint to the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: The Saudi Coalition blockade on medicines and its relation to Mohammad Abdullah Abdulmalik’s Kidney Rejection, 31 January 2017, http://arwarights.org/blockade-effect-on-kidney-patients [accessed on 8 February 2017]

#UN #HRC33 SESSION - ORAL INTERVENTIONS

ITEM #2 - Annual Report of the High Commissioner

ITEM #3 - Promotion and protection of all human rights

ITEM #6 - Universal Periodic Review

ITEM #9 - Racism, Racial Discrimination, Xenophobia

Item #10 - Technical Assistance and Capacity Building

#UN #HRC32 SESSION - ORAL INTERVENTIONS

ITEM #2 - Annual Report of the High Commissioner

ITEM #3 - Promotion and protection of all human rights

ITEM #4 - Human Rights situation requiring Council's attention

ITEM #5 - Human Rights bodies and mechanisms

ITEM #6 - Universal Periodic Review

ITEM #8 - Vienna Declaration

ITEM #9 - Racism, Racial Discrimination, Xenophobia

Item #10 - Technical Assistance and Capacity Building

#UN #HRC32 SESSION - WRITTEN STATEMENT

Saudi Coalition Airstrikes & Blockade Against the People of Yemen Cause a Humanitarian Disaster

IDO, together with Americans for Democracy & Human Rights in Bahrain, and Arabian Rights Watch Association, express our utmost concern over the Saudi Arabian led Coalition’s (the “Coalition”) a) ongoing serious and systematic rights violations in Yemen, including political, economic, human, and humanitarian rights. These ongoing and systematic violations come in the form of: i) a comprehensive indiscriminate land, air, and sea blockade under the pretense of UN Security Council Resolutions 2140 and 2216 and ii) airstrikes on civilian targets that include the use of internationally banned cluster munitions. We also express our deep concern with the Saudi-led Coalition’s iii) forced expulsion of Yemenis from Aden to Taiz and other northern provinces as well as the iv) lack of neutrality, authority, or political will of Hadi’s National Commission to investigate crimes committed in Yemen.

a) Ongoing Violations of the Laws of War, Human Rights Law & Humanitarian Law

i) Imposition of a comprehensive land, air and sea blockade by the Saudi-led Coalition

The Saudi-led Coalition’s implementation of Resolutions 2140 and 2216 has contributed to food insecurity for an estimated 14.4 million Yemenis, 7.4 million of whom are severely food insecure. Moreover, hundreds of hospitals and clinics have shut down due to the Saudi-led Coalition’s airstrikes and blockade. The blocking of critical fuel and medical supplies effectively denies an estimated 15 million Yemeni people access to basic healthcare needs.

Allowing the free flow of commercial imports and facilitating their distribution to all locations are essential in stemming further increases in humanitarian needs. According to the 2016 Humanitarian Needs Overview, since the crisis began, the Coalition’s blockade – as well as damage to port infrastructure due to air strikes – have added to the humanitarian burden by preventing or discouraging commercial imports into the country:

“Over 90 per cent of staple food (such as cereals) in Yemen was imported prior to the crisis, and the country was using an estimated 544,000 metric tons of fuel per month before the crisis. Fuel is essential to distribute food, pump water and run hospital generators, among other critical activities. In September, OCHA estimated that commercial fuel imports fell to just 1 per cent of monthly requirements, and food imports hit their second-lowest level since the crisis began. These restrictions constitute a major driver of shortages and rising prices of basic commodities, which have in turn contributed to crippling the economy. Health facilities continue to close at alarming rates due to shortages of fuel and other basic supplies. Without critical commodities, needs across sectors are rising, and response efforts are being hampered.”

According to Ahmed Alshami, the Executive Director at Arabian Rights Watch Association, the mechanism used during the past 14 months to search ships for weapons has been abused to block commercial goods and humanitarian aid. Ships are stopped by the Saudi Coalition, delayed from entry for days, weeks or months at a time under the pretext of ongoing weapons searches before being allowed to continue. Some sources report extortion is also used to restrict shipping into Yemen. Some ships are simply denied entry altogether.

We further call attention to the text of the UNSC Resolutions which involve an arms embargo, asset freeze and travel ban on 5 named individuals. These UNSC resolutions do not sanction war, nor do they enact a comprehensive land, air, and sea blockade to police and sanction regular trade, both import and export, in commercial goods, including food, medical and fuel supplies, and humanitarian aid.

We appreciate the efforts announced by the UN Secretary-General to institute a United Nations Verification and Inspection Mechanism (UNVIM) for the facilitation of commercial imports to 3 out of the 5 main ports in Yemen however express concern at the level of awareness regarding the new program. Given the website and forms are still only offered in English, we recommend translating the website and hosted documents into Arabic and launching a corresponding awareness campaign to increase registration participation and compliance.

ii) Airstrikes on civilian targets that include the use of internationally banned cluster munitions

According to the Legal Center for Rights and Development, in the first 12 months of the war, a total of 9136 civilians were documented to have been killed by Saudi-led Coalition airstrikes. 5,271 were men (58%), 1,654 were women (18%), and 2,211 were children (24%). The total number of civilians wounded due to the indiscriminate airstrikes exceeds 16,000. 622 bridges and roads were destroyed along with 135 power plants, 188 water stations, 195 telecom stations, 14 airports, 11 sea ports and harbors, 325,000 residential homes, 250 hospitals and clinics, 43 colleges and universities, 630 schools and causing 3,750 others to close down.
In addition to the indiscriminate use of air power to attack civilian populations, the Saudi-led coalition has also been documented to have used internationally banned cluster munitions on civilian populations in violation of the principles of distinction, proportionality, and military necessity. According to many local and international NGOs, young children have been killed and maimed by unexploded toy-like sub-munitions that can detonate upon touch. A 10 day research trip to Saada, Hajjah and Sanaa by Amnesty International revealed that US, UK, and Brazilian cluster munitions were used by the Saudi Coalition resulting in the death or injury of 16 civilians including nine children, two of whom were killed. According to the report, these casualties took place days, weeks, and sometimes months after the bombs were dropped by coalition forces in Yemen.

iii) Forced Expulsion of Yemenis from Aden by Saudi led Coalition and Hadi government-in-exile

We further raise our continued concern with the Coalition and the Hadi government-in-exile’s ongoing rights violations in Yemen. Particularly, the measure by the government-appointed security forces to expel from Aden over 800 Yemenis with links to the Taiz governorate. This policy is worrisome as it employs discrimination and provincial bigotry threatening the right to life, employment and mobility for thousands of Yemenis. The expulsion which was ordered at the behest of security officers appointed by the Hadi government-in-exile without his express order indicates his lack of control in Aden and raises further questions about his government’s legitimacy. Despite the Hadi government-in-exile’s subsequent disapproval of the expulsion of Yemenis from Aden, it has not managed to end the policy nor remedy those affected. Instead we remain concerned that hundreds more Yemenis are threatened by expulsion to northern governorates.

iv) Inability of Hadi’s national commission to investigate the crimes being committed in Yemen

In the 31st Session of the Human Rights Council, Deputy High Commissioner for Human Rights, Kate Gilmore, reported that over 55% of the casualties in Yemen were due to Coalition airstrikes and demanded the beginning of investigations. In response, the Hadi government-in-exile appointed Minister of Human Rights, Izz Aldin Alasbahi, requested a review of the statements made by OHCHR regarding the casualties that occurred in Yemen, disputing the impartiality and accuracy of the Deputy High Commissioner’s assessment. This posture will not lend itself to an impartial investigation into the crimes committed in Yemen.

Taken together, the airstrikes and blockade are measures deliberately inflicted on the whole of the Yemeni people that create conditions of life calculated to bring about their physical destruction, the extent of which appear to constitute crimes against humanity and war crimes. As a belligerent in this multifaceted conflict, neither the National Commission, nor the Saudi Coalition may be reasonably expected to impartially investigate its own role in such crimes. Only through the establishment of an independent, international commission with a mandate to document abuses on all sides, and make impartial recommendations to the UN Security Council for referral to the International Criminal Court, can true accountability be accomplished.

Recommendation
At the 32nd Session of the Human Rights Council, IDO together with Americans for Democracy & Human Rights in Bahrain, and Arabian Rights Watch Association, urge UN Member States to renew their calls to:

Call for an end to the war in Yemen, including the ongoing airstrikes and blockade, and the full withdrawal of all foreign forces from the territory of Yemen;
Establish an independent international commission of inquiry into the crimes being committed by all parties to the war in Yemen, with a mandate to make recommendations to the UN Security Council to transfer cases to International Criminal Court.
Extend the arms embargo to include members of the Saudi-led Coalition for their role in perpetuating violations of humanitarian law and the laws of war in Yemen;
Facilitate humanitarian access to all areas in need of assistance;
Provide support to Yemen in its struggle to combat violent extremism; and
Facilitate Yemeni to Yemeni dialogue without the intervention of regional powers.

#UN #HRC31 SESSION - ORAL INTERVENTIONS

ITEM #2 - Annual Report of the High Commissioner

ITEM #3 - Promotion and protection of all human rights

ITEM #4 - Human Rights situation requiring Council's attention

ITEM #5 - Human Rights bodies and mechanisms

ITEM #6 - Universal Periodic Review

Item #8 - Vienna Declaration

ITEM #9 - Racism, Racial Discrimination, Xenophobia

Item #10 - Technical Assistance & Capacity Building

#UN #HRC31 SESSION - WRITTEN STATEMENT

Ongoing Serious Systematic Rights Violations Against the People in Yemen

IDO, together with Americans for Democracy & Human Rights in Bahrain, and Arabian Rights Watch Association, express our utmost concern over the Kingdom of Saudi Arabia and its Coalition’s (the “Saudi-led Coalition’s”) a) ongoing serious and systematic violations of rights in Yemen, including political, economic, human, and humanitarian rights. These ongoing and systematic violations come in the form of: i) airstrikes on civilian targets that include the use of internationally banned cluster munitions and ii) a comprehensive indiscriminate land, air, and sea blockade. We also express our deep concern with the Saudi-led Coalition’s b) continued lack of cooperation with the United Nations (UN). The Saudi-led Coalition, along with Abd Rabbuh Mansur Hadi’s Yemeni government in exile, does not cooperate with the UN. This has been observed in their: i) designation of the OHCHR representative as persona non grata; ii) non-observance and non-implementation of recommendations made in the Universal Periodic Review (UPR); and iii) the inability of Hadi’s exiled government’s national commission to investigate the violations of the laws of war by any party to the war on Yemen.

We bring to your attention that political negotiations were ongoing in Yemen and would have led to a power-sharing government inclusive of all Yemeni parties and factions but for the Saudi-led war, which interfered with that political dialogue and, in effect, the rights of the Yemeni people to self determination. We continue to warn that as a consequence of the Saudi-led Coalition’s war, al-Qaeda was able to reclaim territory it had previously lost to the Yemeni army and popular committees. Prior to the war’s outbreak, al-Qaeda controlled only one small desert city, Mukalla. However, due to the war, al-Qaeda now operates freely in many southern areas, where it commits systematic human rights violations, such as in the port city of Aden and recently in Lahj.

a) Ongoing Violations of the Laws of War, Human Rights Law, Humanitarian Law

i) Airstrikes on civilian targets that include the use of internationally banned cluster munitions

In the first 300 days of the war, a total of 8,143 civilians were documented to have been killed by Saudi-led Coalition airstrikes. 4,628 were men (56%), 1,519 were women (19%), and 1,996 were children (25%). The total number of civilians wounded due to the indiscriminate airstrikes exceeds 15,000. 512 bridges were destroyed along with 125 power plants, 164 water stations, 167 telecom stations, 14 airports, 10 sea ports, 325,000 residential homes, 238 hospitals and clinics, 39 colleges and universities, 569 schools and causing 3,750 others to close down.

In addition to the indiscriminate use of air power to attack civilian populations, the Saudi-led coalition has also been documented to have used internationally banned cluster munitions in violation of the principles of distinction, proportionality, and military necessity.

Cluster Munitions

The Saudi-led Coalition’s repeated use of internationally banned cluster munitions in civilian areas may indicate a degree of intent to harm civilians, a threshold that, when passed, amounts to war crimes. Throughout the last year, 5 different types of cluster munitions have been documented to have been used by the Saudi-led Coalition in civilian areas. Between April and July 2015 the Saudi-led coalition forces used cluster munitions in at least seven attacks in Yemen’s northwestern Hajja governorate, killing and wounding dozens of civilians. More recently, in the early morning of January 6, 2016, the Saudi-led coalition dropped cluster bombs in heavily populated residential neighborhoods of Yemen’s capital, Sanaa, including Madbah, Sawad Hanash, Al-Sunaina, Hayel Street, Al-Rabat Street, Al-Ziraa zone, Kuwait Street, Tunis Street, the university zone, and Bir Al-Shaif.

The cluster bombs killed at least one child, injured ten others, and damaged residential property and cars in the vicinity. A school for girls was also partially damaged. The areas the Saudi-led Coalition bombed are densely populated with civilians living in close proximity to schools, hospitals, and markets. They have no military protection.

ii) Imposition of a comprehensive indiscriminate land, air and sea blockade by the Saudi-led Coalition

The Saudi-led Coalition has abused the UN Security Council’s (UNSC) Resolution 2216 to justify its blockade of Yemen. UNSC Resolution 2216 is an arms embargo on named individuals. It does not sanction the withholding of food, medical, and fuel supplies from Yemen by a warring party who has committed, and continues to commit, serious and gross violations of the laws of war, human rights, and humanitarian law. Given the UNSC’s mandate to maintain peace, stability, and security among nation-states, the UN should extend the embargo to the member states of the Saudi-led Coalition.

The Saudi-led Coalition’s abuse of Resolution 2216 has played an integral role in the food insecurity of an estimated 14.4 million Yemenis, 7.4 million of whom are severely food insecure. Moreover, hundreds of hospitals and clinics have shut down due to the Saudi-led Coalition’s airstrikes and blockade. The blocking of critical fuel and medical supplies is causing an estimated 15 million Yemeni people to be without adequate access to basic healthcare needs.

b) Lack of Cooperation With UN

i) Lack of cooperation with OHCHR Representative

We bring to your attention our continued concern with the Hadi government in exile’s lack of cooperation with George Abu al-Zulof, the OHCHR representative in Yemen, by recently designating him as persona non grata due to his documentation of human rights violations in Yemen. It is concerning that the High Commissioner for Human Rights had to emphatically remind Hadi and the Saudi-led Coalition that the UN’s job “is not to highlight violations committed by one side and ignore those committed by the other.” The UN Human Rights Council tasked the same person who deemed the OHCHR representative persona non grata with implementing a resolution adopted by consensus that calls for the National Commission to investigate the crimes being committed by all parties to the war in Yemen. Despite Hadi’s subsequent retraction, his status as part of the Saudi-led Coalition, coupled with his statements and actions, makes him unfit for the position as a neutral arbiter with respect to the crimes being committed.

ii) Non-observance or implementation of the UPR recommendations

We express our concern with Hadi’s inability to implement the UPR recommendations, namely the ratification of the Rome Statute by Parliament. The Rome Statute is critical to seeking redress for the crimes in the International Criminal Court’s jurisdiction that were, and continue to be, committed against civilians in Yemen. Because there is no functioning government on the ground, Hadi will not be able to complete the ratification process nor would it be in his interest to do so if he actually had a functioning government since he is an integral accomplice to the commission of crimes in Yemen and cannot be reasonably expected to prosecute himself nor the Coalition he is a part of.

iii) Inability of Hadi’s national commission to investigate the crimes being committed in Yemen

We express our deep regret and sincere disappointment with the decision to withdraw the draft resolution tabled by the Netherlands in the 30th Session. Our reservations with the Resolution tabled by Saudi Arabia and that was adopted by consensus (A/HRC/30/L.1/Rev.2) include, but are not limited to, the acknowledgement of Hadi’s Presidential Decree No. 13, which calls for the establishment of a National Commission that will not meet international standards. Moreover, there are no legal grounds for the establishment of a National Commission by a government in exile. The legislature, the judiciary, and the executive, should facilitate the implementation of these obligations. Given that the Hadi government is not functioning in Yemen, it cannot carry out its duty of investigations in Yemen. In addition, the National Commission is biased. This is demonstrated by the decree itself, the purpose of which is to investigate and prosecute crimes committed by local parties without reference to the crimes being committed by the Coalition led by Saudi Arabia.

Recommendation

At the 31st Session of the Human Rights Council, IDO together with Americans for Democracy & Human Rights in Bahrain, and Arabian Rights Watch Association, urge UN Member States to renew their calls to:

Set up an independent international commission of inquiry into the crimes being committed by any party to the war on Yemen.
Call for the imposition of an arms embargo on the Saudi-led Coalition.
Call for an end to the war on Yemen both the airstrikes and the blockade and full withdrawal of all foreign forces from the territory of Yemen.
Facilitate humanitarian access to impoverished areas.
Provide support to Yemen in its struggle against violent extremist forces.
Facilitate Yemeni-Yemeni dialogue without foreign intervention.

#UN #HRC30 SESSION - ORAL INTERVENTIONS

ITEM #2 - Annual Report of UN High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary General

ITEM #3 - Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

ITEM #6 - Universal Periodic Review - Ratification of the Rome Statute establishing the International Criminal Court in the Hague.

ITEM #8 - Follow-up and implementation of the Vienna Declaration and Program of Action

ITEM #9 - Racism, Racial Discrimination, xenophobia, and related forms of intolerance

ITEM #10 - Technical Assistance and Capacity Building

30th SESSION CLOSED DOOR MEETINGS ON NETHERLANDS DRAFT RESOLUTION

Transcript of Statement

Good morning everyone. I am Mohammad Alwazir. I would first like to give a salute of gratitude to Mr. Peters, for leading this initiative and I thank you all for attending.

If I had to explain where I would place this draft on a continuum that mapped out the degree of its neutrality, I would draw out a line and place the wishes of the Yemeni delegation and the Coalition led by the Kingdom of Saudi Arabia at the far extreme right. And I would then put the wishes of the Yemeni people on the extreme left, just for illustrations purposes. After reading the draft resolution several times, I would place it at the midpoint between the center of the overall continuum and the extreme far right where the wishes of the Saudi-led Coalition lay. While we appreciate that the resolution comes closer to the middle, I believe that more can be done to bring it even closer to a balanced, just resolution.

The main reason I say this is that there is no mention of war. And there is no mention of the states who are involved in launching and conducting it. Instead I see Houthis/Saleh in brackets. Which is fine if the Saudi-led Coalition was in brackets as well. The draft makes one wonder a bit. As if nothing at all is happening in Yemen but an internal conflict. No mention of a blockade. As if the humanitarian crisis is being steered by an invisible hand rather than an illegal war of aggression conducted by a Coalition led by Saudi Arabia. Nothing comes into Yemen for a reason, a foreign reason, a foreign blockade that has choked the entire population of Yemenis indiscriminately. As indiscriminate as the airstrikes which have killed over 5000+ civilians and maimed over 20000 others, 1/3 of whom were women and children. As indiscriminate as the cluster munitions that were used by the Saudi-led Coalition several times in the past 6 months. These points are reflected in the edited draft that we are submitting.

Along similar lines, we see the mention of the Riyadh Conference and its efforts for peace but there is no mention of the UN’s Special Envoy’s efforts with AnsarAllah and the GPC and that could be because it happened fairly recent so we have included it because as you know, AnsarAllah and the GPC expressed their commitment to join peace talks aimed at providing a framework for an agreement on implementation mechanisms for UN Security Council Resolution 2216 with slight reservation to items that deal with intervening in the sovereign affairs of Yemen.

Oddly so, there was no mention of the Peace and National Partnership agreement despite mentioning all previous signed agreements. Mention was even made of a draft constitution that has not even been adopted in a national referendum and is highly unpopular. Why not include the last signed agreement to which the UN welcomed and expected its implementation without delay. The Peace and National Partnership agreement allowed for the inclusion of all political factions such as the Southern Hirak and AnsarAllah. And it actually led to the formation of Bahah’s government in fact, now how about that. Remember what the previous UN Special Envoy, Jamal Ben Omar, said:

“When this campaign started, one thing that was significant but went unnoticed is that the Yemenis were close to a deal that would institute power-sharing with all sides, including the Houthis,”

That was the fruit of the Peace and National Partnership Agreement. Yemeni-Yemeni dialogue without foreign intervention that brought Yemen closer to a political solution but for the war conducted by the Coalition led by Saudi Arabia.

We call on everyone in this room to consider these points and the plight of the Yemeni people. To be more balanced in the approach to Yemeni internal affairs by calling for an independent international commission of inquiry into all laws of war violations committed by all parties to the conflict, not just one side, all or none. Toying with a national commission set up by a fugitive in a foreign capital who apparently called for a war on Yemen, I’m certain wont be acceptable to the people of Yemen. Only a truly independent neutral arbiter such as an international commission of inquiry would get the buy in of the people. Im sure you know this very well I just hope that knowledge is reflected in the upcoming resolution.

Therefore we call, the members of the Council to amend the draft to reflect the following:

1. Balanced approached – either name all parties and sides to the conflict specifically or make a general reference like “all parties to the conflict”

2. Inclusion of the Peace and National Partnership Agreement, the last signed agreement allowing for all parties and factions to participate in a political solution and that was welcomed by the UN

3. Open up an international investigation into the violations of the laws of war and support for terrorism committed by all parties to the conflict.

Overall Objectives:

1. End the war by the Saudi-led Coalition and the blockade on Yemen

2. Ensure the provision of immediate humanitarian relief to the people of Yemen.

3. Facilitate Yemeni-Yemeni dialogue that occurs without foreign meddling.

4. Open up an international investigation into the war crimes and support for terrorism committed by all parties to the conflict.