HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE ON YEMEN

The Human Rights Council this morning held an interactive dialogue on the basis of the report of the High Commissioner on the visit of the Office of the High Commissioner for Human Rights to Yemen.

Deputy High Commissioner for Human Rights, Kyung-wha Kang, presenting the High Commissioner’s report on Yemen, said the delegation undertook a mission to Yemen from 28 June to 6 July 2011 to assess the human rights situation in the country. In Yemen, the Government contended that it was fighting “terrorists” and supporters of Al-Qaeda. This situation could not be used as a pretext to attack peaceful demonstrators. The mission had identified serious violations including arbitrary arrest and, cases of torture and withholding of medical treatment as reprisal for taking part in the protests. The Deputy High Commissioner said that the recommendations of the Mission were for the Government of Yemen to end all attacks against civilians in full compliance with their obligations under international law; the unconditional release of all people detained for peaceful protests; and for the Government to conduct independent investigations into credible allegations of serious human right violations.

Abu Bekr Abdullah Al-Qirbi, Minister of Foreign Affairs of Yemen, speaking as a concerned country, said Yemen believed that democracy and human rights constituted an integral indivisible system that could not be split or divided. The Government of Yemen welcomed regional and international efforts aimed at finding a political solution on the basis of the constitution and democracy in order to strengthen the principle of peaceful transfer of power and prevent Yemen from descending into a cycle of violence and conflict. The President was keen to properly and safely implement the Gulf Cooperation Council initiative to transfer power and to maintain the unity, security and safety of Yemen. During the Mission, its members explored details of alleged violations of human rights by different parties. The Government had also provided evidence concerning violations committed by militias of some parties against citizens, security and military personnel. It would also be possible to establish an independent and neutral national commission formed by all parties to investigate evidence-documented violations and it would be possible for the proposed accord government to conduct this inquiry.

In the interactive dialogue, speakers noted that the Government of Yemen had cooperated with the Mission and was seriously considering all the recommendations mentioned in the report. They commended the Government of Yemen for its open and responsive approach and noted that political will would be critical to resolving the crisis. Speakers were concerned about reports of extra-judicial executions and torture. They said in the fight against terrorism all measures taken had to be done with respect of human rights. The fight against terrorism should not be used as a pretext to disperse protest. Speakers pointed out that the report of the High Commissioner had noted the humanitarian crisis which was a consequence of the instability and had affected refugees and children. The international community should support the national reconciliation efforts and provide assistance to Yemen to build a new country on the basis of respect for human rights. Speakers said that peaceful protests were met with excessive and disproportionate use of lethal force by the State which led to hundreds being killed and thousands suffering injuries in an increasingly violent power struggle. The Government of Yemen should protect peaceful protestors, refrain from brutal violence and bring those responsible for the violence to justice. The international community should act and take responsibility to improve the human rights situation in Yemen and the United Nations should play an important role. The need for international, independent and impartial investigations was supported.

Speaking in the interactive dialogue on Yemen were Algeria, Switzerland, Kuwait, Norway, Australia, the European Union, Pakistan on behalf of the Organization of the Islamic Conference, Egypt on behalf of the Arab Group, France, Russian Federation, India, Czech Republic, Thailand, Israel, China, the Maldives, United Kingdom, Canada, Greece, the Netherlands, Turkey, Romania, Saudi Arabia, United States, United Arab Emirates, Spain, Germany, Slovakia, Mexico, Philippines, Benin, and Sudan. The United Nations Children’s Fund also took the floor.

The following non-governmental organizations also spoke on Yemen: Human Rights Watch, Amman Centre for Human Rights Studies, Amnesty International, Human Rights Information and Training Center, and a joint statement by World Wide Organization for Women, Union of Arab Jurists and Association of Women in Yemen.

The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. During its midday meeting, the Council will hold an interactive dialogue with a member of the Commission of Inquiry on the situation of the human rights in Libya.

Documentation

The Report of the High Commissioner on the visit of her Office to Yemen, (A/HRC/18/21), assesses the human rights situation in Yemen following the visit by the Office of the High Commissioner for Human Rights from 28 June to 6 July 2011. Over nine days of extensive meetings and consultations with representatives of the Government and civil society in the cities of Aden, Sana’a and Ta’izz, the Assessment Mission observed an overall situation in which many Yemenis, peacefully calling for greater freedoms, an end to corruption and respect for the rule of law, have been met with an excessive and disproportionate use of lethal force by the State. Hundreds have been killed and thousands have suffered injuries, including loss of limbs. By February 2011, Yemenis had taken to the streets either to call for governmental reforms or in support of the Government. In March 2011, 53 persons were reportedly killed in Change Square in Sana’a, an incident which led to the resignation of a number of high-ranking politicians and ambassadors. By the time the Mission arrived in Yemen, a number of separate, but at times intertwined, struggles were taking place in the major cities. Peaceful demonstrators were calling for change like their counterparts in other parts of the region; while an increasingly violent power struggle was playing put between President Ali Abdallah Saleh and his supporters, on the one hand, and armed opponents, including alleged Al-Qaeda elements, on the other. The Mission noted that the Government of Yemen had lost effective control on parts of the country and the major cities, where armed opponents appear to have de facto control. The Mission also observed that some of those seeking to achieve or retain power were deliberately seeking to punish and cause severe hardship to the civilian population by cutting off access to basic services, such as electricity, fuel and water. The Mission noted the danger of the protests becoming increasingly radicalized and more violent in response to the excessive use of lethal force by the Government, and the growing involvement of and intimidation by armed elements among the demonstrators. However, the Mission also noted that street protestors still managed to maintain a peaceful character, despite the heavy loss of life and serious injuries suffered so far. The Mission was alarmed at the deteriorating humanitarian situation, which in particular is affecting the poorest and most vulnerable, such as children, internally displaced persons and refugees. It is also very concerned that the availability of electricity, fuel, cooking gas, water and other basic services are being manipulated to punish the entire population. Unless urgent measures are taken to ensure the independence and integrity of the judiciary calls for investigations and prosecutions may be undermined. Furthermore, given the lack of confidence by many Yeminis that the judiciary will conduct impartial investigations into human rights abuses, there is a need for international, independent and impartial investigations.

Presentation by the Deputy High Commissioner for Human Rights on Yemen

KYUNG-WHA KANG, United Nations Deputy High Commissioner for Human Rights, said a delegation from the Office of the High Commissioner for Human Rights undertook a mission to Yemen from 28 June to 6 July 2011 to assess the human rights situation in the country. The mission held extensive meetings with a wide range of stake holders, beginning with the Vice President Abed Rabbo Mansour and including government ministers, opposition parties, the judiciary, security services, civil society actors and relatives as well as victims of human right violations. Yemen was characterized by the complexity of its internal dynamics and fluidity of the situation with many parallel developments in different parts of the country. In the capital Sana’a and major urban centers there were continued mass peaceful demonstrations. In the northern and south-eastern parts of the country the Government was fighting a low intensity conflict with armed groups including alleged elements of Al-Qaeda.

In Yemen, the Government contended that it was fighting “terrorists” and supporters of Al-Qaeda. This situation could not be used as a pretext to attack peaceful demonstrators. The mission of the Office of the High Commissioner for Human Rights had reported an alarming situation in which peaceful protesters had at times been met with excessive and disproportionate use of lethal force by the State. Armed opponents of the State had sent their supporters to “protect” the peaceful demonstrators from the State. Innocent civilians had been caught up in the struggle for power. The Deputy High Commissioner mentioned incidents on 18 March in Sana’a where Government forces had shot and killed 50 persons and on 29 May in Ta’izz where security forces seeking to vacate “Freedom Square” had forcefully killed dozens of demonstrators. These were tragic examples of the excessive use of force. Yet again over the weekend protestors marching to the presidential palace were met with the use of force with 26 killed and hundreds injured.

The report focused primarily on the situation of peaceful demonstrators and the response of the State. It identified serious violations including arbitrary arrest and, cases of torture and withholding of medical treatment as reprisal for taking part in the protests. The Mission found a profound distrust in domestic justice mechanisms. Violations were not reported due to a lack of belief that they would be remedied. There had been a rapid deterioration of socio-economic factors. Basic services such as electricity, food and water had been cut off. Government opponents were not blameless. The Government alleged that much of the civilian impact was a result of sabotage by armed components of the opposition. Opposition elements alleged the State was deliberately punishing the population for protests. Pro-government demonstrators said armed elements harassed them in the streets and at times beat them.

The Deputy High Commissioner said that the recommendations of the Mission were for the Government of Yemen to end all attacks against civilians in full compliance with their obligations under international law. It recommended the unconditional release of all people detained for peaceful protests. Yemen should promptly conduct independent investigations into credible allegations of serious human right violations.
Yemen should address disparities in standards of life and address the needs of deprived areas of the population. Yemen should reinforce the independence of judiciary and national human rights institutions in line with the Paris Principles. The Deputy High Commissioner called on the Government and the armed opponents to ensure that none of their supporters opened fire from within peaceful demonstrations and to ensure that no children under 18 were recruited into their ranks. All forms of violence should cease immediately. The international community should not remain indifferent to the crisis. The Deputy High Commissioner called on members of the Council to support the establishment of an international, independent and transparent investigation in line with the relevant international standards into credible allegations of serious human rights violations.

Statement by Concerned Country

ABU BEKR ABDULLAH AL-QIRBI, Minister of Foreign Affairs of Yemen, speaking as a concerned country, expressed appreciation for the interaction of the Council with Yemen and the assessment mission of the Office of the High Commissioner for Human Rights. The Government was keen to ensure the success of the Mission and offer all necessary support. Yemen believed that democracy and human rights constituted an integral indivisible system that could not be split or divided. The peaceful transfer of power was realized in practice through conducting elections in a timely fashion. Two direct presidential elections, three parliamentary elections and two local council elections were held in addition to one cycle of governors’ elections. The Council had followed and was following with interest the political crisis witnessed in Yemen which had started in the form of limited gatherings to express the need for some rights-based demands to which the Government positively responded. The President and the ruling party had presented a number of proposals to solve the political crisis including some deep-rooted solutions to the crisis in a peaceful and democratic manner; these included the adoption of a parliamentary system, the reform of the electoral system, and adoption of a proportional list electoral system and the creation of a national accord government with participation from the opposition in order to implement these reforms. The Government of Yemen also welcomed regional and international efforts aimed at finding a political solution on the basis of the constitution and democracy in order to strengthen the principle of peaceful transfer of power and prevent Yemen from descending into a cycle of violence and conflict. The President was keen to properly and safely implement the Gulf Cooperation Council initiative to transfer power and to maintain the unity, security and safety of Yemen.

During the Mission, its members explored details of alleged violations of human rights by different parties. Accusations made against security organizations lacked a basis and investigation and referrals to the judiciary had taken place. The Government had also provided evidence concerning violations committed by militias of some parties against citizens, security and military personnel. Acts of violence and terrorism reached their climax in the attack against the President and government officials in the presidential mosque on 3 June 2011. Yemen needed the collaboration and synergy of the international community to support the security, stability and unity; and to foster its march towards building a modern democratic State by combating extremism and terrorism, strengthening the principles of national dialogue, deepening peaceful transfer of power and respecting human rights and achieving sustainable development. The Government had prepared comments in order to clarify ambiguities and confirmed its intention to implement recommendations in line with policies and steps taken to protect human rights in implementation of national legislation and international commitments.

The recommendation calling for conducting independent and neutral investigations was inconsistent with the contents of the recommendation calling for dialogue between Yemeni political parties to solve the crisis. The alternative would be to push towards dialogue to end the crisis in Yemen. It would also be possible to establish an independent and neutral national commission formed by all parties to investigate evidence-documented violations and it would be possible for the proposed accord government to conduct this inquiry. The high-level delegation’s participation of Yemen at the meeting of the Council aimed to show the level of commitment of the Government towards protecting basic human rights and holding accountable those responsible for violations and the willingness of the Government to create a true partnership with the Council to increase the capacity concerning security, judicial institutions and non-governmental human rights organizations. Political conflicts and anti-terrorist mechanisms cast shadows on human rights situation in all countries; it was necessary to find solutions, create an atmosphere of justice, and provide opportunities for a decent life and good governance. Resolutions that did not solve the root causes of problems would achieve only temporary success.

Interactive Dialogue on Yemen

BOUALEM CHEBIH (Algeria) said that concerning the report of the Office of the High Commissioner for Human Rights on the situation in Yemen, Algeria noted that the Government of Yemen had cooperated with the mission and was seriously considering all the recommendations mentioned in the report. Algeria commended the Government of Yemen for its open and responsive approach and noted that political will would be critical to resolving the crisis. Algeria urged the Government of Yemen to respond to all recommendations in the report in order to resolve the current crisis in the country.

DANTE MARTINELLI (Switzerland) said Switzerland supported all the recommendations of the Mission of the Office of the High Commissioner to the Government of Yemen and the opposing armed groups. Switzerland was concerned about reports of extra-judicial executions and torture. Switzerland said in the fight against terrorism all measures taken had to be done with respect of human rights. The fight against terrorism should not be used as a pretext to disperse protest. Those Yeminis accused of terrorist offenses were detained on a regular basis and the same had happened to journalists and human rights defenders. Switzerland asked the authorities of Yemen to respect human rights. Switzerland asked what was the follow up to the visit of the High Commissioner and how could Member States support the reform process in Yemen.

DHARAR ABDUL-RAZZAK RAZZOOQI (Kuwait) welcomed the report of the High Commissioner and expressed satisfaction with the measures taken by the Yemeni Government concerning the crisis and hoped that this would lead to preventing tension and violence. Kuwait looked forward to the fact that human rights would be the focus of all reforms with regards to the Gulf Initiative and its implementation. The report of the High Commissioner had noted the humanitarian crisis which was a consequence of the instability and had affected refugees and children. Kuwait expressed concern regarding the difficulties to which citizens were subjected in addition to the lack of services such as education and medical care. The international community should support the national reconciliation efforts and provide assistance to Yemen to build a new country on the basis of respect for human rights.

HARRIETT BERG (Norway) said Norway shared the concerns expressed in the recent assessment mission of the Office of the High Commissioner for Human Rights concerning its visit to Yemen. Peaceful protests were met with excessive and disproportionate use of lethal force by the State which led to hundreds being killed and thousands suffering injuries in an increasingly violent power struggle. Norway noted the report’s reference to serious human rights violations including killing of civilians, arbitrary detention and torture. A particular concern was violence against children and the use and recruitment of children by the Government in security activities. The Government of Yemen should protect peaceful protestors, refrain from brutal violence and bring those responsible for the violence to justice. The international community should act and take responsibility to improve the human rights situation in Yemen and the United Nations should play an important role. Norway supported the need for international, independent and impartial investigations.

BERNADETTE ROWLEY (Australia) said Australia was most concerned regarding reports of widespread human rights abuses including the use of lethal force in Yemen. Australia called on the Government of Yemen to respect the right to peaceful protest and to release prisoners detained for exercising these rights. Australia expressed grave concern by the parties’ deliberate actions to deprive the population of basic services. The Australian Government was particularly alarmed about the report finding that children had not been spared from the violence. Australia called on the Government and those opposition elements who had taken up arms to abandon violence and choose a path of peaceful negation to bring about desired political reforms.

Ms. ZEPPIE (European Union) said the current political, economic and humanitarian crisis afflicting Yemen called for immediate attention. The report from the Office of the High Commissioner for Human Rights concluded that a wide range of human rights violations and abuses had allegedly taken place throughout the country, perpetrated by the State and armed opponents. An independent and impartial investigation into these violations was critical to ensuring accountability and justice for the victims. However, as the report noted, a lack of confidence by the Yemeni people in the judiciary and scarce resources were possibly undermining factors in this process. How could transparent, independent and timely investigations best be launched and would the High Commissioner envisage a national or an international investigation in this regard? The European Union would like to invite the High Commissioner to elaborate on the ‘modus operandi’ of the continued engagement of her Office with Yemen and to identify possible areas of technical cooperation and support.

SAEED SARWAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, noted the willingness of the Government of Yemen to engage with international mechanisms and clarify allegations of violations. The presence of a high-level delegation to this meeting of the Council was a testimony of the interest of the Yemeni Government to engage. Yemen had provided support to the Mission to enable it to fulfil its task and meet with the different parties. The Organization of the Islamic Conference stressed the importance of dealing with the crisis in order to preserve Yemen’s stability, security, unity and democracy. It was important to support national mechanisms and take into account the attempts of the Government to deal with allegations of violations and bring the perpetrators to justice and provide compensation in accordance with international law.

HIBA MUSTAFA (Egypt), speaking on behalf of the Arab Group, thanked the High Commissioner for the report of the Mission to Yemen. The Arab Group reaffirmed the need to deal with the crisis in Yemen in an accurate way. It was important to give the national institutions a chance to deal with the recommendations of the mission to Yemen. The Human Rights Council should not act in a manner that might destabilize such efforts.

JEAN-BAPTISTE MATTEI (France) said France welcomed the work done by the High Commissioner’s Office on Yemen. Demonstrators who wanted to enjoy their legitimate aspirations for democracy were met with disproportionate violence. Calls for freedom of expression, the media and exercising journalism were met with force. The entire population suffered from insecurity. The human rights violations should be the subject of an international inquiry and France encouraged the continuation of the Government of Yemen’s attitude of cooperation with the United Nations. A peaceful solution must be found to the crisis in Yemen. France supported the plan by the Gulf States as the best possible route for a political transition and called on all parities to follow this plan without delay.

MARIA KHODYNSKAYA-GOLENISHCHEVA (Russian Federation) welcomed the report and thanked the Yemeni delegation for the clarifications provided. The situation was difficult and it was unacceptable to observe the further deterioration of the economic and humanitarian situation. The Russian Federation called on all parties to show restraint and hoped that the situation would improve, including the return of internally displaced persons. The Russian Federation positively assessed the steps taken by the Gulf Cooperation Council and other Governments. Social and political reform processes should be carried out by the Yemenis themselves through internal dialogue and without one-sided models being imposed from above.

GOPINATHAN ACHAMKULANGARE (India) said the situation in Yemen was and continued to be complex with several separate and at times intertwined struggles taking place involving peaceful protests by demonstrators, a violent power struggle by armed opponents and the efforts of the political opponents, including defectors, to bring about regime change. Some of the assertions and allegations contained in the report required further examination and verification. In addition, it was unfortunate that the report had not acknowledged the loss of lives on the side of the security forces, or of the Constitutional and legal provisions available in Yemen for a peaceful settlement of transfer of power. India said it behooved the international community to heed the calls for humanitarian assistance and provide financial and technical support to Yemen by contributing to the Yemen Humanitarian Response Plan 2011.

KAREL KOMAREK (Czech Republic) said the situation in Yemen deserved the attention of the international community. Stifling peaceful protests with brutal force in the alleged interest of restoring peace, order and security could not be a successful solution in the long term. It was necessary to end immediately all attacks against civilians and civilian targets by the security forces and to release all prisoners detained for the peaceful exercise of their freedom of expression and assembly. The Czech Republic asked how the cooperation of the Government of Yemen with the Office of the High Commissioner for Human Rights and the whole United Nations system could be strengthened.

SIHASAK PHUANGKETKEOW (Thailand) welcomed the invitation extended by the Government of Yemen to the delegation of the Office of the High Commissioner for Human Rights and its cooperation with the Mission and Human Rights Council mechanisms. Thailand shared the concerns of the Mission regarding violence and allegations of human rights violations, especially the excessive use of force by all parties in several parts of the country. Thailand called on all parties to urgently address the humanitarian crisis of the civilians. The Government of Yemen deserved full credit for shouldering a large number of refugees in addition to its internally displaced persons and despite challenging circumstances. Consideration of conclusions and recommendations of the report should take into account the comments made by the Yemeni Government. Thailand was pleased to learn that Yemen had already implemented many of these recommendations, in particular socio-economic and political reforms. There was room for further implementation, concerning a domestic process of transparent, impartial and independent investigation of alleged human rights violations. Further technical and financial support from the international community would be necessary for the successful implementation of the recommendations.

WALID ABU-HAYA (Israel) said Israel was concerned over the deteriorating human rights situation in the country where the Yemeni people lacked the most basic access to their fundamental rights and freedoms. Yemen was a party to eight of the nine core international human rights treaties and therefore the Government had the responsibility to ensure the effective implementation of these international obligations on the ground. Israel condemned all attacks on civilians and the use and recruitment of children, the arbitrary detention of prisoners detained in the exercise of their freedom of expression and assembly and the absence of fair trail guarantees in line with international fair trial standards.

XIA SING GE (China) said China appreciated the cooperation extended by the Government of Yemen to the Office of the High Commissioner for Human Rights and the constructive attitude of the Government to cooperate with the international community. The turbulence in Yemen would have a negative impact on the Gulf region and the Gulf of Aden shipping route. China hoped the Government of Yemen could restore order as soon as possible. China hoped the Human Rights Council would respect Yemen’s sovereignty and avoid the complication of the situation.

IRUTHISHAM ADAM (Maldives) said that the report of the Mission of the Office of the High Commissioner presented compelling evidence that serious human rights violations had been committed in Yemen, including the killing of peaceful protesters, arbitrary detention, torture and restrictions to access to basic services. The Maldives expressed support for the recommendations of the Mission, especially the end of the excessive use of force against civilians, the release of those arrested for protesting, the conduct of impartial investigations into serious human rights violations and the maintenance of basic services to the population. Improvements in the human rights situation in Yemen would remain impossible without security and a more stable political situation. A transparent and meaningful process of political reform leading to free and fair elections was necessary and regional partners and the international community should contribute to this process. Notwithstanding, the future of Yemen must be guided by the will of the people of Yemen.

PETER GODERHAM (United Kingdom) said the United Kingdom was seriously concerned about the credible reports of human rights violations in Yemen and the ongoing political impasse. There was a significant deterioration of an already fragile economy and increasing internal insecurity. Basic services were interrupted, sometimes deliberately by one side seeking to pile blame on the other. Coping mechanisms employed by Yemenis to mange price rises were unsustainable and the number of internally displaced persons was increasing. The United Kingdom supported the call for international help to investigate the death of protestors. Following these investigations, what specific measures would the High Commissioner recommend for the Yemeni Government to safeguard the future rights to freedom of expression and assembly in Yemen?

MARIE-ANNE-TAMARA LORRE (Canada) said Yemen had become a haven for terrorists and the right of the Yemeni people to live in peace had become constantly threatened by violence. The people of Yemen had been holding mass peaceful demonstrations since the beginning of 2011. The Yemenis were peacefully demonstrating against corruption, unemployment and the stagnant economy. In response, the Government of Yemen had violently reacted to the peaceful demonstrations, with no regard for the damage or destruction caused. No political solution had been found to the present impasse between the Government in power, which resisted change, and the demands of the opposition. In view of the situation, President Saleh should step down.

EUGENIA BENIATOGLOU (Greece) said the report of the Office of the High Commissioner thoroughly described the situation in Yemen in a credible manner. The alarming situation as described in the report created utmost concern in the international community. Greece expressed concern about the attacks against peaceful demonstrators by security forces and the dire humanitarian situation resulting from attacks on infrastructure and asked all parties to refrain from such acts in the future. The international community should support Yemen and its people towards democratization and development. Greece supported a Yemeni-led inclusive national dialogue to smooth political transition. It commended and supported the efforts of the Gulf Cooperation Council in this regards. Transparent and independent investigations of human rights violations should be launched and those responsible should be held accountable.

BOUDEWIJN J. VAN EENENNAAM (Netherlands) said the Netherlands had a longstanding commitment to progress in Yemen, which was one of the 15 countries on which the Netherlands Government was concentrating its development cooperation efforts, not only to contribute to the realization of economic, social and cultural rights, but also to the rule of law. The report of the Office of the High Commissioner for Human Rights and dialogue were part of the international engagement to keep the focus on the human rights of all Yemeni people as a yardstick in the current process of change. The situation in Yemen was a very pressing issue in view of yesterday’s reports on further casualties in the course of a large scale demonstration. Could the High Commissioner identify which type of advisory services and technical assistance was viable, given the situation?

SAIT UYANIK (Turkey) said the high-level delegation sent by the Yemeni Government showed the clear importance they attached to this issue. Ongoing popular unrest could not be seen out of context of the winds of change sweeping the Middle East and North Africa. A lasting solution could only be found by the accommodation of the legitimate aspirations of the Yemeni people. Turkey said it was a pity that the Gulf Cooperation Council initiative for a peaceful and orderly transition in Yemen had not been realized. Turkey hoped the mandate given to Vice President Hadi to negotiate the Gulf Cooperation Council’s plan with the opposition would pave the way for a peaceful and orderly transition in Yemen. Initiation of an all inclusive, credible and orderly process of political transition meeting the demands of the Yemeni people had now become all the more critical. Otherwise Turkey was afraid that looming civil war might become unavoidable.

RAZVAN ROTUNDU (Romania) commended the Office of the High Commissioner for Human Rights for the Mission undertaken and the report, and the cooperation of the Yemeni Government and its willingness to positively deal with the report. Concerning the serious abuses and casualties in the context of peaceful demonstrations, the Government of Yemen must ensure that violations were investigated. A credible and impartial investigation could bring light to these events. Support from the international community was also important; in this regards, Romania asked the Yemeni delegation how it saw future cooperation with the Council.

ABDELWAHAB ATTAR (Saudi Arabia) said the presence of the Government of Yemen here today demonstrated its willingness to engage to resolve the crisis in the county and Saudi Arabia commended the Government of Yemen for continuing to cooperate with the Office of the High Commissioner for Human Rights and its mechanisms in order to lift the suffering of the people of Yemen. Saudi Arabia praised the recent decision by the President of Yemen to mandate the Vice President to negotiate with all parties to sign the Gulf Cooperation Council initiative, which Saudi Arabia said was an exit to the crisis as it had both regional and international support. Saudi Arabia commended the announcement made by the Government to conduct transparent and independent investigations into all acts of violence. Saudi Arabia called on all international organizations to offer assistance to Yemen.

EILEEN CHAMBERLAIN DONAHOE (United States) said the United States was particularly concerned about the excessive use of force used against peaceful protestors and civilians in Yemen. Last week President Saleh had given Vice President Hadi the authority to bring an end to the political crisis. The United States urged Vice President Hadi to take immediate action to implement the transition and bring an end to the bloodshed. The United States asked which of the recommendations made by the Office of the High Commissioner for Human Rights was the highest priority and what measures could the international community take to help matters on the ground.

OBAID SALEM SAEED AL ZAABI (United Arab Emirates) welcomed the Yemeni Minister of Foreign Affairs and delegation and expressed great concern about the situation in Yemen. The United Arab Emirates urged the Yemeni authorities to stop the bloodshed and restore security and stability, and noted the efforts of the Gulf Cooperation Council to contribute to put an end to the crisis and prevent its further deterioration. Concerning the replies of Yemen to the recommendations included in the report, it was noted that the Government continued to aim to implement the recommendations, including the independent investigation of allegations of human rights violations, bringing those responsible to justice and providing reparations to victims. The United Arab Emirates supported measures to solve this crisis.

AGUSTIN SANTOS MARAVER (Spain) said the situation of human rights in Yemen was a source of great concern for Spain. Violence against peaceful demonstrators, despite instructions from the Government not to resort to violence, had continued. Spain urged the Government of Yemen to establish an independent investigation into these acts of violence so that those responsible for such acts were held accountable. Different armed groups were also playing a role in the violence and Spain urged that those areas under control of armed groups provide access to basic services such as water and electricity to minimize suffering among the population. Spain asked what was the best possible way for the Human Rights Council to continue to monitor the situation in Yemen.

REINHARD SCHWEPPE (Germany) thanked the High Commissioner for the balanced report on the situation in Yemen. It was extremely important that the Human Rights Council and the Office of the High Commissioner for Human Rights engaged in providing independent testimonies. Germany explicitly acknowledged the willingness of the Yemini Government to address the issues raised. Germany urged all parties to continue to do this in good faith. Germany called on Government of Yemen to follow up on the presidential decree of September 12. The implementation initiative of the Gulf Cooperation Council remained the cornerstone of this process. Germany called on President Saleh to keep his promises and to clearly and publicly commit not to interfere in the transition process. The Office of the High Commissioner for Human Rights and the Government of Yemen could consider a follow up mission or an independent expert under the auspices of the United Nations delegation in Sana’a.

FEDOR ROSOCHA (Slovakia) said the report’s observations were alarming. Slovakia deplored the unlawful killings, enforced and involuntary disappearances, arbitrary detentions, torture and ill-treatment of those taking part in non-violent demonstrations. Slovakia called upon the Yemeni Government to take every necessary step to avoid a further escalation of the situation, putting an immediate stop to all violence, and paying full respect to human rights, fundamental freedoms, and the rule of law as a prerequisite for a sustainable peace and national reconciliation. Humanitarian concerns, especially towards the most vulnerable groups, should be addressed as a matter of priority. Slovakia welcomed and supported the recommendations contained in the report and urged the Government of Yemen to ensure their expeditious implementation in accordance with international obligations.

JUAN JOSE GOMEZ CAMACHO (Mexico) said Mexico was concerned about information in the High Commissioner’s report on killings of peaceful demonstrators and the excessive use of force. Mexico appealed for agreements to be sought out for the promotion of inclusive dialogue and for the implementation of the Gulf Cooperation Council’s initiative. The Government of Yemen should implement all the recommendations in the report of the Office of the High Commissioner for Human Rights.

The Representative of Philippines noted that the Government of Yemen had cooperated fully with the assessment Mission. The Philippines expressed hope that all tensions could be resolved in a peaceful manner. The Government of Yemen was asked a number of questions with respect to the report. These questions should be responded to so the assessment process could be complete.

PATRIK HOUNYEAZE (Benin) praised the relevance of the conclusions of the report. Benin described a situation of serious and widespread violations of human rights in a country member of the United Nations. The situation should be studied in detail to ensure the respect for the rights of the demonstrators. Benin noted the cooperation of the Yemeni Government and encouraged the High Commissioner to continue to ensure respect for human rights.

OMAIMA ALSHARIEF (Sudan) welcomed the presence of the Foreign Minister of Yemen and expressed its appreciation to the Government of Yemen for its cooperation with the Office of the High Commissioner for Human Rights during the recent mission to Yemen. Sudan said that only agreed standards of neutrality and objectivity would lead to a negotiated peaceful situation to the crisis. Sudan urged the Human Rights Council to take into account the Government of Yemen’s response to the recommendations of the report, especially their concerns on how to resolve the crisis. Yemeni national mechanisms were the best options to support the human rights problems on the ground.

MARINE MARCADO, of United Nations Children's Fund, noted that children make up more than half of the population of Yemen. Al-Houthi rebels and pro-government militias had been listed as part of Annex II of the Secretary-General’s report on children in armed conflict. Grave child rights violations continued to occur in Yemen. The United Nations Children's Fund called on members of the Human Rights Council to support the United Nations Children's Fund and the United Nations to assist all parties to the conflict in Yemen to effectively end children being recruited or used by armed groups and other grave child rights violations. Yemen was on the verge of a humanitarian disaster. Vaccination programmes were under threat. The likelihood of outbreaks of diseases such as measles was increasing by the day.

PHILIPPE DAM, of Human Rights Watch, said the Council should establish a presence in Yemen of the Office of the High Commissioner for Human Rights to report publicly on violations of international human rights and humanitarian law and on the Government’s implementation of the report’s recommendations. Protesters and bystanders had died during attacks by security forces on peaceful demonstrations. Government forces continued to sporadically block access to medical care for protesters and had restricted access for media and human rights groups. The Council should continue to address the substantive human rights issues and a failure to take bolder actions on the basis of the report would critically undermine the relevance of the Council’s engagement.

AL WALI, of Amman Centre for Human Rights Studies, said that the report of the Mission was greatly appreciated and the human rights situation in Yemen was really serious. Only yesterday there had been 26 casualties and the international community was waiting to see what could be done. The High Commissioner should ask for an end to crimes against civilians. The President had been involved in these crimes. Those responsible should be brought to the International Criminal Court. Neighbouring States should stop supporting the President of Yemen and instead they should support the people and their legitimate rights.

PETER SPLINTER, of Amnesty International, said since February 2011 some 200 people had lost their lives and more than 1,000 had been injured in protests across Yemen as security forces had repeatedly used excessive force, including by firing live ammunition at peacefully gathered protestors. Local residents had increasingly fallen victim to clashes between Government forces and armed opponents. Yemen was on a knife edge. The eruption of violence pointed to a growing risk of civil war. The Human Rights Council should call on the Yemeni authorities to order the security forces to immediately cease their use of live ammunition against peaceful protestors and invite international assistance to set up an independent, impartial and thorough commission of inquiry to investigate the killings and injury of protestors and others. There should be an immediate suspension of supplies of weapons and munitions that could be used for excessive force in policing protests.

EZZADIN SAEED AL-ASBAHI, of Human Rights Information and Training Center, said the Yemeni people were suffering from a deteriorating human rights and security situation. The people of Yemen were suffering through the outages of electricity, water and collective famine. There should be an investigation into the violence with the perpetrators subject to justice in order to restore stability and to permit a political dialogue to occur. The Office of the High Commissioner for Human Rights should establish an office to investigate the situation and all journalists and media workers subject to violence and detention should immediately be released.

RAMZIA ABBAS AERYANI, of Worldwide Organization for Women, in a joint statement with Union of Arab Jurists, said they were appalled by the situation in Yemen, particularly on behalf of those whose homes destroyed by armed tribal groups. Children were being prevented from going to school. Illiteracy was still very high in Yemen. Women activists had been brutalized and abused by extremists and the armed opposition. Civil institutions had been sabotaged. Utilities had been affected by sabotage by tribal forces and armed militias. Women, children and security forces had been killed along with the protesters. All international organizations should use their efforts to bring all parties together and cooperate with the Gulf Cooperation Council and preserve the Yemeni family.

Concluding Remarks

ABU BEKR ABDULLAH AL-QIRBI, Minister of Foreign Affairs of Yemen, in closing remarks, expressed satisfaction with the work of the Council to protect human rights. Despite the existence of diverging views, there were common grounds and a convergence on the ideas expressed before the Council. The policy of the President concerning the peaceful transition of power through early elections was not an issue. Mr. Al-Qirbi lamented that some statements were based on parts of the report alone and did not take into account the remarks of the Yemeni Government. Yemen hoped the Council would participate in the strengthening of the dialogue and contribute to the protection of human rights in Yemen, in the knowledge that this was ultimately the responsibility of the Government and its people. Mr. Al-Qirbi welcomed the enthusiasm of non-governmental organizations struggling for the respect of human rights and hoped that these would contribute to the solution by displaying neutrality and avoiding exaggerations. All Yemenis were invited to return to Yemen and take part in the dialogue. The Government was concerned about securing human rights for all Yemeni people and the Office of the High Commissioner for Human Rights could play a role in this regard. Years ago the idea to establish a national human rights commission along the lines of the Paris Declaration was explored; reviving this effort and establishing a national entity could contribute to monitoring the human rights situation in the country and the solution of the crisis.

KYUNG-WHA KANG, Deputy High Commissioner for Human Rights, in concluding remarks, said she gave her heartfelt thanks to the Minister of Yemen for his presence today and looked forward to the meeting between herself and the Minister of Foreign Affairs of Yemen that would follow the interactive dialogue. Ms. Kang said there had been good discussions between the Office of the High Commissioner for Human Rights and the Yemeni Mission in Geneva and the High Commissioner’s Office stood ready to support the implementation of all recommendations. Ms. Kang said that immediate steps to be taken would include the immediate and unconditional release of those detained, the launch of an independent investigations into violence, reparations, providing basic services and an end to the use and recruitment of children in the violence. The United Nations and the Office of the High Commissioner for Human Rights stood ready to support judicial and security sector reform, including training and national reparations for victims. In the longer term, the establishment of a fully functional national human rights institution was necessary along with visits of all Special Rapporteurs to Yemen, notably the Rapporteur on freedom of expression and right to assembly. Technical cooperation would be guided by security advice and the advice of the United Nations advisers on the ground. The United Nations Mission was able to move around freely between major cities during their visit. Ms. Kang said the Office of the High Commissioner for Human Rights would like to establish a fully mandated country office with the tools to monitor and report in all the areas that required technical cooperation. The relevant Special Rapporteurs visits and the training of security personnel in human rights based crowd control methodologies were also necessary. There was a daily connection between the United Nations’ entities on the ground, such as the United Nations Children’s Fund and country coordination teams. Ms. Kang reminded delegations that the report reflected both positions of the Government of Yemen and the opposition and that the Government’s comments to the report were circulated and posted on the website.


For use of the information media; not an official record

HRC11/114E