Al-Amal Women’s and Sociocultural Foundation (AWSF) and the Justice for Yemen Pact are calling on international sponsors of the Yemen peace talks to prioritize the issue of the forcibly disappeared in their efforts to end the conflict according to the following statement :
August 30, 2024
On the International Day of the Victims of Enforced Disappearances, we urgently appeal to the international sponsors of the Yemen peace talks to prioritize the issue of the forcibly disappeared in their efforts to end the conflict. It is imperative that any transitional process includes the formation of a national committee dedicated to locating these individuals and addressing the needs of both the victims and their families. Until such measures are established, the Human Rights Council should form an international committee to investigate violations committed throughout the conflict, including that of enforced disappearance, as well as safeguard evidence and ensure these cases remain ready for future justice processes.
Today, we must shine a light on the dire human rights crisis in Yemen, where enforced disappearances have become a widespread and deeply alarming practice. Since last year, the situation has not improved, and in many cases, it has actually deteriorated.
All parties involved in the Yemen conflict have forcibly disappeared people, including men, women, and children. The exact number of forcibly disappeared individuals in Yemen is difficult to determine. According to a 2023 statement by Amnesty International and other organizations, warring parties in Yemen perpetrated 1,168 cases of enforced disappearance between 2014 and early 2023. Ansar Allah (also known as the Houthis) were responsible for 596 cases, followed by the Southern Transitional Council who were responsible for 349 cases, and the internationally recognized government of Yemen was accountable for 223 cases. Additionally, the Saudi- and UAE-led coalition committed 38 cases of enforced disappearance, the Hadrami Elite Forces are linked to 28 cases, the Joint Forces to 15 cases, and the Giants Brigades, in partnership with the Shabwani Defense Forces, to 9 cases of enforced disappearance.
Parties have often justified these violations as being necessary for security and counterterrorism. In reality, however, many cases of enforced disappearance have targeted perceived opponents and religious minorities, or have been used as a tactic of intimidation.
Enforced disappearance, in which authorities detain a person and then refuse to acknowledge their whereabouts or situation when asked, is a serious crime that is prohibited at all times under both international human rights law and international humanitarian law. International practice dictates that no circumstances, no matter how dire, can justify acts of enforced disappearance, as stipulated by the United Nations Declaration on the Protection of All Persons from Enforced Disappearance.
In the latest horrifying incidents of enforced disappearance, the Houthis launched a campaign against dozens of employees of international and local agencies and organizations in Sana’a, disappearing them and holding them incommunicado, without access to their families or to lawyers. In a joint statement, UN agencies reported that 17 of their staff members were detained. Human Rights Watch confirmed that Houthi security forces arrested over 60 people between May 31 and June 12, most of whose fates remain unknown except for one case. Women were not spared; the fate of four women remains unknown to this day. These detentions were accompanied by a large media campaign, in which the Houthis suggested that the detained civil society workers are part of an alleged American and Israeli spy network, creating an environment of fear for those who work for civil society organizations, and undermining public sympathy for them.
The Houthis have a notorious record of forcibly disappearing and mistreating people. In a shocking ruling on July 28, 2024, the specialized criminal appeals division in Sana’a upheld death sentences for three abductees who had been forcibly disappeared for over five years. The Houthis continue to forcibly disappear members of the Baha’i community without charging them, and have subjected them to torture and mistreatment.
Recently, the Director of Aden Police accused the Commander of the Counterterrorism Forces in the city, Yosran al-Maqtari, of being involved in the disappearance of Lieutenant Colonel Ali Abdullah Ashal, in collaboration with his deputy and other members of the Security Belt Forces. In many cases, this is the first time authorities in Aden have taken public action against individuals accused of enforced disappearances. Authorities have often worked to clear the records of perpetrators. For instance, the Specialized Criminal Court in Aden sentenced journalist Ahmed Maher to four years in prison on charges of ‘spreading false information’. Actually, Maher was arrested by Southern Transitional Council forces in August 2022, held incommunicado, tortured, denied legal representation, family contact, and medical care.
The data and incidents of enforced disappearances in Yemen reveal a heinous crime that violates fundamental human rights, most notably the right to life. A recent report by the Abductees’ Mothers Association and the Justice for Yemen Pact found that 75% of those who died in prison had been forcibly disappeared, denied contact with their families, and deprived of the legal protection guaranteed by the Yemeni constitution. Families were often? denied the bodies of their loved ones and forced to accept their deaths without a medical examination. At least 58% of people disappeared suffer from severe psychological trauma after their release.
The impact of enforced disappearance extends beyond the victims themselves, affecting their families and friends, who endure deep trauma and emotional suffering as they continue to search for them. The widespread practice of enforced disappearance in Yemen is deeply linked with the culture of impunity that has developed due to the lack of accountability for violations that warring parties have committed throughout the current conflict, as well the lack of accountability for violations in past conflicts. It is therefore imperative that the international community prioritize accountability and transitional justice in ongoing efforts to end the conflict. The Justice for Yemen Pact and the organizations that have signed this statement call for the following measures to eliminate cases of enforced disappearance and to strengthen the protection of human rights in Yemen.
Recommendations:
– All parties to the conflict must immediately cease enforced disappearances and arbitrary detentions.
– Parties should immediately provide the whereabouts of those who have disappeared, and release those who are being held without charge.
– The Ansar Allah (Houthi) group must end the enforced disappearance of staff of international and local organizations and release them unconditionally.
– The internationally recognized Yemeni government should prioritize ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and ensure its implementation by aligning national legislation with international treaties and agreements.
– The internationally recognized Yemeni government should have a national investigative body should be established to investigate and search for the forcibly disappeared, address their circumstances, and support their families. Efforts should also be made to enhance international cooperation and information exchange with all relevant stakeholders, including organizations, countries, and entities that have successfully combated enforced disappearances.
– The Human Rights Council should establish an international, independent mechanism to investigate violations of international law committed by parties throughout the conflict in Yemen, including non-Yemeni parties, and ensure that the issue of the disappeared is addressed..
– National and international actors should work to strengthen and protect local human rights organizations and civil society organizations, especially those operating under Houthi control.
Signatory Organizations:
Abductees’ Mothers Association (AMA)
Al-Amal Women’s and Sociocultural Foundation (AWSF)
Center for Strategic Studies to Support Women and Children (CSWC)
Free Media Center for Investigative Journalism
Marib Dam Foundation for Social Development (MDF)
Musaala Organization
SAM Organization for Rights and Liberties
Studies and Economic Media Center (SEMC)
Yemeni Media Freedom Observatory (YMFO)
Watch for Human Rights (Watch4HR)
Yemeni Coalition to Monitor Human Rights Violations (YCMHRV)
Taafi initiative
Caesar Families Association
DHM
QUEEN FOUNDATION for Development aHuman Rights
Monitoring Center for Rights and Development
FYFHRD
For All Foundation
MCCD
Arab Human Rights Foundation
Yemen Center For Humen Rights Studies ( YCHRS)
Ahrar Organization for Human Rights and Development
International Civil Society Action Network (ICAN)
Women Relief Aid
Engender
Human Development Foundation HDF
Think Twice Brasil
Yemen Center for Transitional Justice
Defense Committee for Detainees and Enforced Disappearances
Wogood Foundation for Human Security
Honna
Awam foundation for development and culture
Association of War Affected Women
American Center for Justice
bahith Foundation for Development and Human Rights
Defense Foundation for Rights and Freedoms
WOGOOD for Human Security
PAIMAN TRUST
NATIONAL COORDINATION OF FAMILIES OF THE DISAPPEARED (ALGERIA)
Advocacy for women in peace and Security- Africa
Al-Haq Foundation For Human Right
Alrowad Foundation for development
Elbarlament
The National Organization of Yemeni Reporters SADA
Global Centre for the Responsibility to Protect
Qarar Foundtion for Media and development
Women Education and Development Organisation of Liberia
Together We Rise Foundation for Women and Child Care
Arab-European Center for Human Rights and International Law
Masar Foundation for Development and Human Rights
Shohood Organization for Human Rights
Myanmar- Women Peace and Security
Gender Equality Network (GEN)
Media Village for development & Information
Ruwwad Foundation Of Development and Human Rights
Afghan Women’s Network
Urkino
Al-Nahda Youth Organization to Save the Marginalized in Yemen
