Since the beginning of the conflict in Yemen in March 2015, independent human rights organizations, together with the High Commissioner for Human Rights, called for the establishment of an International Mechanism to investigate human rights violations committed by all parties to the conflict in Yemen. However, the United Nations Human Rights Council, during the two rounds of 2015 and 2016, faced a mounting pressure to hamper the establishment of an International Inquiry Mechanism. Such pressure was exerted by Saudi Arabia and its allies – primarily the U.S. and UK.

On September 19, 2017, Mwatana called upon the United Nations Human Rights Council, to establish an Independent International Inquiry Mechanism and to take tangible measures to end the policy of impunity.[1]

After lobbying, advocacy and repeated calls from various organizations and governments, the UN Human Rights Council, at its 36th Session, on September 29, 2017, authorized the High Commissioner to establish a Panel of International and Regional Experts to investigate allegations of human rights violations by all parties; and to report to the High Commissioner for Human Rights at the Council session in September 2018.

In a press release on December 4, 2017, the UN High Commissioner for Human Rights, Mr Zeid Ra’ad Al- Hussein announced the appointment of the members of the Eminent Panel of Experts established by Human Rights Council on Yemen. The members of the Panel of Experts are Kamel Jendoubi (Tunisia), as chairperson, together with two other members: Charles Garraway (United Kingdom) and Melissa Parke (Australia).[2]

In his press release, the UN High Commissioner for Human Rights also said: “The group’s creation is an important step toward accountability and ending impunity for the serious violations of human rights committed by all sides in Yemen amid a worsening humanitarian crisis in the country and ensuring justice and remedy for the victims.” [3]

The Panel of Eminent Experts is established with the following mandates:

  • To monitor and report on the situation of human rights,
  • To carry out a comprehensive examination of all alleged violations and abuses of international human rights and other appropriate and applicable fields of international law committed by all parties to the conflict since September 2014, including the possible gender dimensions of such violations,
  • To establish the facts and circumstances surrounding the alleged violations and abuses, and,
  • where possible, to identify those responsible
  • To make general recommendations on improving respect for and the protection and fulfilment of human rights,
  • To provide guidance on access to justice, accountability, reconciliation and healing, as appropriate.
  • To engage with Yemeni authorities and all stakeholders, in particular relevant United Nations agencies, the field presence of the Office of the High Commissioner in Yemen, the authorities of the Gulf States and the League of Arab States, with a view to exchanging information and providing support for national, regional and international efforts to promote accountability for human rights violations and abuses in Yemen;
  • To submit a comprehensive written report to the High Commissioner, by the time of the thirty-ninth session of the Human Rights Council, to be followed by an interactive dialogue.[4]

[1]Mwatana for Human Rights, Yemen: Establishing Independent International Mechanism of Inquiry is an Urgent Exigency- September 19, 2017.

[2]High Commissioner Office for Human Rights, Yemen: High Commissioner for Human Rights appoints group of eminent international and regional experts، http://www.ohchr.org/AR/NewsEvents/Pages/DisplayNews.aspx?NewsID=22483&LangID=E.

[3]ibid.

[4]High Commission for Human Rights, the Panel of Eminent International and Regional Experts on Yemen, https://daccess-ods.un.org/TMP/9638844.1324234.html