To: Ambassadors of the UN Security Council
Re: Security Council Trip to Yemen
Dear Ambassador,
We write to highlight key human rights concerns we hope you will address during your forthcoming visit to Yemen. We welcome the Security Council’s decision to visit Yemen as it continues its transition toward democracy and rule of law.
As you are aware, the fragile, year-old government of President Abdu Rabu Mansour Hadi faces multiple challenges in ending human rights violations, such as arbitrary detention, attacks on free speech and assembly, and child-soldier deployment. Sectarian clashes continue in the north, the armed faction of a separatist movement has gained momentum in the south, and the Yemen branch of al Qaeda remains a major threat. Nearly half the population lacks sufficient food.
The transition government has taken positive steps, such as removing several key security units from the control of former president Ali Abdullah Saleh and his relatives. We also welcome the government’s efforts to commence a national dialogue in advance of parliamentary elections scheduled for 2014. The Security Council should press the Yemeni authorities to build on their progress on these fronts.
However, the transition still faces considerable challenges that should concern the Security Council. Loyalists of the former president and other interests have used their previous positions of power to forcibly interfere with democratic processes. The council should raise its concerns in its discussions with all parties.
In addition, the government’s steps towards accountability for serious human rights violations of the past have floundered. These violations include the deaths of at least 270 protesters and bystanders and the wounding of thousands of others during the 2011 uprising. President Hadi has yet to form a promised independent and impartial commission of inquiry to investigate violations during the uprising. A transitional justice draft law also remains stalled.
The ongoing trial into the so-called Friday of Dignity massacre of largely peaceful protesters in Sanaa on March 18, 2011, which became a symbol of the brutal crackdown against Yemen’s pro-democracy movement, is also of concern, because it has been based on a deeply flawed investigation by the Saleh government that was fraught with political interference.
During its visit to Sanaa, the Security Council should reiterate its call in Resolution 2051 of June 2012 that “all those responsible for human rights violations and abuses must be held accountable”—echoing language in its Resolution 2014 of October 2011. The Security Council also should underscore the need for “a comprehensive, independent and impartial investigation consistent with international standards into alleged human rights abuses and violations, to prevent impunity and ensure full accountability,” another demand from Resolution 2051.
In keeping with those resolutions, the Security Council should also indicate its intention to impose asset freezes and travel bans with appropriate safeguards on senior officials implicated in serious human rights violations until perpetrators are fully and appropriately held to account, and victims receive adequate compensation. It should press for the removal of any such officials who remain in office.
As you know, Yemen’s Parliament in January 2012 granted immunity to former president Saleh and those who served with him for political crimes committed during his 33-year rule. The immunity law violates Yemen’s international legal obligations to prosecute serious violations of human rights, as noted by UN High Commissioner for Human Rights Navi Pillay. The Security Council should make clear that such immunity has no effect in jurisdictions outside of Yemen.
In summary, we urge Security Council members to:
- Urge a comprehensive, independent and impartial investigation consistent with international standards into alleged human rights abuses during the 2011 uprising, including the deaths of 270 protesters;
- Indicate an intention to impose asset freezes and travel bans on senior officials implicated in serious human rights violations until perpetrators are fully and appropriately held to account, and victims receive adequate compensation;
- Press for the removal from office of officials implicated in serious human rights violations; and
- Make clear that the legal immunity provided under Yemeni law for former president Saleh and those who served with him has no effect outside of the country.
We are available to answer any questions or requests you may have. We wish you a successful trip.
Sincerely,
Sarah Leah Whitson Philippe Bolopion
Executive Director United Nations Director
Middle East & North Africa Division
