Presidential Decree to Establish and Form the National Committee to Investigate Allegations of Human Rights Violations

In 2011, President Abdu Rabu Manousr Hadi established by decree the National Committee to Investigate Allegations of Human Rights Violations. In 2017, President “Hadi,” head of the internationally recognized government, issued a presidential decree that ordered the restructuring of the committee and amended some of its provisions. The decree consists of 10 articles:

1- Establishment and Structure (Article 1): Addresses the formation of the committee and membership criteria (e.g., qualification for eligibility and victim inclusion).

2- Roles, Responsibilities, and Duration (Articles 2, 3, 4): Covers the committee’s roles, scope of operations, and mandate. Also covers the detailed requirements of the investigation committees, along with the timeframe of investigations.

3- Legal and Ethical Considerations (Article 7): Details the immunity granted to the committee and staff for their work. Notes that committee members are also required to disclose any conflicts of interest.

4- Accountability and Reporting Protocol (Article 5): Outlines the committee’s obligations and reporting protocols.

5- Budgeting and Resources (Article 6): Outlines the financial aspects of the formation and processes of investigation, including the possibility of international donations, and the committee’s control over its budget, including details on the establishment of the technical and administrative staff.

6- Translational Mechanisms (Article 8): Clarifies that the committee is not a replacement for future transitional justice bodies but rather constitutes one component of a broader process.

7- Internal Regulations (Article 9): Mandates the committee to create its own internal rules for meetings and decision-making.

8- Enactment (Article 10): States the effective date of the decree and its publication in formal outlets.

The decree mandates investigation of all violations of human rights and international humanitarian law violations. In addition to investigation, the committee is an accountability entity, given that it documents violations and reports on perpetrators.

Regarding implementation, the entity was activated in Yemen and has issued periodic reports, but holding perpetrators accountable has persisted as the key challenge facing the committee.[1] This is largely due to the lack of a unified accountability structure/governing entity to enforce and implement accountability measures. An additional challenge is the overall politicization of accountability mechanisms in the country, especially since 2015, and the subsequent political and military split between the north and the south, which has fueled the politicization of the outputs of human rights violations reports.

[1] See “Periodic Reports,” National mechanism for Monitoring and Investigating Allegations of Human Rights Violations Committed on the Territory of the Republic of Yemen, https://www.nciye.org/en/?cat=45.