Overview
Yemen has endured decades of political instability throughout its modern history. Even during periods of relative stability, such as the years following the unification of North and South Yemen in May 1990, the country experienced significant political, economic, and social crises. These included sporadic armed conflicts; among them, the most notable was the 1994 Summer War between the General People’s Congress (GPC), led by then-president Ali Abdullah Saleh, and the Yemeni Socialist Party, led by then-vice president Ali Salem Al-Beidh. Other notable conflicts include the six Saada wars between the Yemeni government and the Ansar Allah (Houthi) group from 2004 to 2010, as well as the political movement initially established by the Association of Dismissed Southern Contractors, Military, and Security Personnel after the 1994 events. This movement evolved over the years, shifting its demands from equality and reinstatement of the dismissed to calls for secession and independence for South Yemen, culminating in the establishment of the Southern Movement in 2007.
The government also fought various battles against terrorist groups in several governorates, and the consequences of the Yemeni government’s policy towards the U.S.-led War on Terror, initiated after the September 11, 2001 attacks, were significantly felt. The international coalition, led by the United States, used this as a justification to carry out airstrikes on various parts of Yemen within the framework of what was termed the "War on Terror," a misuse of international and criminal law principles. Along with other crises, Yemen faced economic and social turmoil until 2011, when the Arab Spring uprisings began. A popular uprising in Yemen called for economic and constitutional reforms, rejecting the dynastic transfer of power. The uprising went through many stages and events, culminating in demands for the removal of President Ali Abdullah Saleh's regime.
This period was marked by widespread violence aimed at suppressing the uprising, along with armed clashes between tribal forces, revolution supporters, and government forces. The situation concluded with the intervention of the Gulf Cooperation Council (GCC), which negotiated the "Gulf Initiative," a transitional document that bypassed the constitution and called for a peaceful transfer of power to a new president agreed upon by political and party leaders: the then-vice president Abd-Rabbu Mansour Hadi. A mock referendum, dubbed “elections” at the time, was held to appoint him, marking the beginning of the transitional period phase.
During this phase, a national dialogue conference was held, a draft constitution was developed, the Yemeni army was restructured, and the parties taking part in the dialogue reached an initial agreement on critical issues such as the State structure and the political and electoral systems. On the one hand, solutions were proposed for major issues like the Saada conflict and the Southern Movement, which had persisted under Saleh's regime. However, on the other hand, the transitional phase saw an increase in political assassinations, political purges, bombings, and terrorist operations, along with fluctuations in direct conflict between political factions, notably between the Ansar Allah (Houthi) group, government forces, and factions affiliated with the Islah Party and other forces.
Numerous armed clashes took place between the armed members of the Ansar Allah (Houthi) group, government forces, and factions affiliated with the Yemeni Islah Party in areas such as Saada, Amran, and other regions. Additionally, Al-Qaeda in the Arabian Peninsula sought to exploit the political instability and the weakness of security systems during that period to control key areas in the governorates of Abyan and Al-Bayda, which led to numerous clashes with government forces.
On September 21, 2014, the Ansar Allah (Houthi) group managed to seize control of the Yemeni capital, Sana'a, by force, marking the beginning of the armed conflict in Yemen, which continues to this day. One factor that has further complicated and prolonged this conflict is the intervention of international and regional parties, including the formation of a coalition of more than ten countries led by Saudi Arabia and the UAE to conduct a military operation in Yemen, known as "Operation Decisive Storm." This operation was launched under the pretext of restoring legitimacy in Yemen, eliminating the rebels, and addressing the threat posed by the Ansar Allah (Houthi) group to Yemen and the region, as stated in the official announcement of the operation on March 26, 2015. In addition, international parties intervened indirectly by supplying the warring parties in Yemen with weapons or providing logistical support, such as refueling coalition aircraft during air sorties over Yemen, offering maintenance services, and providing intelligence support, among other forms of assistance. These countries included the United States, France, the United Kingdom, Iran, and others.
Throughout the conflict, the parties involved in Yemen’s war have multiplied due to splits within the main factions and the emergence of new parties, eventually leading to the formation of more than five major warring factions in Yemen. These include the internationally recognized government forces, the Ansar Allah (Houthi) group, the Saudi/UAE-led coalition forces, the Southern Transitional Council forces with their various formations, and the Joint Forces led by Tariq Saleh. There is also a limited presence of what is known as Al-Qaeda in the Arabian Peninsula in several governorates, particularly in Shabwa, Abyan, and Al-Bayda. The objectives of the warring parties and the interests of the supporting powers behind them have varied over the years. At its core, the conflict has been a struggle for control over strategic areas and resources and exacerbating social divisions.
Amid the multiplicity of warring parties and the division of Yemen’s territory between them, each faction has treated the areas under its control as separate entities, enacting its own laws and regulations and creating various forms of restrictions that align with its efforts to assert control and dominance. This has further exacerbated the suffering of Yemenis from all walks of life, with the different forms of restrictions imposed upon them.
The conflict has been marked by several humanitarian truces, the latest of which was a ceasefire brokered by the United Nations in April 2022, which ended in October of the same year. The conflict has also seen various attempts at mediation between the warring parties through international or regional efforts. Many discussions were held behind closed doors in complete secrecy, without the involvement of civil society or even providing it with information about the topics of the negotiations or their outcomes. However, the Yemeni parties did not engage in direct Yemeni negotiations. As of the drafting of this document, the warring parties have not reached final agreements or understandings on a ceasefire or a roadmap. It has become clear to the parties that a military victory or decisive outcome is unattainable for any side, and the only solution for the Yemenis, particularly the parties to the conflict, is a political solution through negotiations, dialogue, and reaching mutual agreements.
Summary of the Impacts and Consequences of the Armed Conflict in Yemen Over the Past Years
During the ongoing conflict in Yemen, various parties have caused the death and injury of thousands of Yemenis through multiple means, including ground shelling, airstrikes, live ammunition, landmines, explosive remnants of war, and military vehicular assaults. The parties have also committed a wide range of other violations, most notably arbitrary detention, enforced disappearance, torture, and extrajudicial killings. Gender-based violence and sexual violence have increased significantly, perpetrated both by members of warring factions and within civilian communities, as a result of security breakdowns and other contributing factors.
Yemen’s infrastructure and civilian objects have been heavily targeted across the country. Essential facilities such as educational institutions, healthcare centers, public and private service and industrial facilities, water, electricity, and telecommunications networks, bridges, roads, airports, power plants, and ports have suffered direct attacks by the conflicting parties. This has led to the partial or total destruction of many such facilities, rendering dozens of them inoperable at different times. Additionally, hundreds of homes and residential units have been destroyed, leading to significant waves of displacement.
The conflict has also seen the proliferation of numerous unofficial detention centers and the recruitment of thousands of inadequately trained individuals into the ranks of various factions. This has created fertile ground for widespread violations and further contributed to a state of insecurity marked by increased assaults and inhumane practices within Yemeni civilian communities.
Over the years of the current conflict, thousands of children have been recruited by warring parties, leading to higher rates of school dropouts, child begging, and early marriage among girls. Meanwhile, hundreds of Yemeni men, women, and children have suffered permanent disabilities due to violations, particularly from landmines and explosive remnants of war. Vulnerable groups and minorities, including religious minorities such as the Baha'is, persons with disabilities, women, and children, have faced heightened marginalization and disproportionate suffering compared to other segments of Yemeni society.
On another level, political and military divisions have profoundly affected the economy. One of the most notable manifestations is the existence of two separate currencies in areas controlled by the Ansar Allah (Houthi) group and those under the control of other factions, resulting in significant exchange rate disparities. Civil service salaries in Houthi-controlled areas and some other regions have remained unpaid for nearly seven years, disrupting many public and industrial sectors and leading to severe job shortages. This has deprived millions of Yemenis of their primary sources of income.
These divisions have also significantly impacted the judiciary, fragmenting its institutions. This fragmentation has led to a variety of practices, decisions, and illegal legislative amendments enacted by the authorities of the warring parties at different points throughout the conflict.
The use of starvation as a method of warfare became both a deliberate tactic and a direct consequence of the conflict. Blockades restricting the entry of goods, including essential commodities, led to severe shortages of basic materials and services. These shortages were exacerbated by blockades on various regions due to the closure of main roads, as well as violations targeting water, energy, and electricity sectors. These factors collectively resulted in the periodic unavailability of essential goods and services throughout the conflict. Furthermore, prices of these scarce commodities soared amid a lack or complete absence of income sources for millions of Yemenis, making access to basic needs nearly impossible for many.
Additionally, the imposition of levies and taxes across various professions and activities—particularly in areas controlled by the Ansar Allah (Houthi) group—along with extensive restrictions and requirements on numerous activities, especially commercial ones, has intensified poverty and hunger. The widespread presence of landmines and remnants of war along main roads, in agricultural fields, pastures, near water sources, and in areas used for collecting firewood further exacerbated the crisis by cutting off sources of income. Warring parties also imposed various restrictions on the delivery of humanitarian aid to the most impoverished populations, leaving the majority of Yemenis unable to meet even their most urgent needs, such as food, shelter, healthcare, education, and clean water. This dire situation has resulted in widespread deprivation of fundamental rights, accompanied by rising poverty rates, diseases, epidemics, illiteracy, and other societal issues.
In the course of the conflict, the warring parties have placed numerous restrictions on the activities of civil society organizations and human rights defenders, doubling down on limitations to public and personal freedoms, including freedom of opinion, expression, and peaceful assembly.
On another level, the conflict and its associated consequences, coupled with the policies of the warring parties, have led to significant societal tension and deep divisions. The parties have attempted to shift the conflict from a political struggle to an ideological one, creating a new dimension of identity-based conflict that could be among the most dangerous aspects of the ongoing war. These factions have found this framing an effective means to rally support, incite their fighters, and establish legitimacy for their presence and empowerment in post-conflict Yemen, often based on religious, ethnic, or regional foundations.
In summary, the ongoing armed conflict, with its various repercussions, has had severe negative impacts on multiple sectors, including political, military, security, economic, social, and cultural domains. It has resulted in widespread violations of human rights and freedoms to varying degrees, caused significant destruction of infrastructure across sectors, and brought suffering to every individual in Yemeni society to differing extents. At the same time, this current conflict represents just one episode in a long series of cycles of conflict marked by extensive violations and widespread grievances. These conflicts arise from deep-seated and escalating issues, chief among them being the monopolization of power, exclusion resulting from the absence of effective mechanisms for managing Yemen's cultural, political, and intellectual diversity, the lack of a state based on the rule of law and equal citizenship, and the inability of the State to maintain a legitimate monopoly on the use of force. This has led to the emergence of armed factions within the state, contributing to instability and undermining state authority, most recently exemplified in the current conflict. Additionally, the judiciary's weakness and lack of independence—despite its essential role in ensuring equality before the law, protecting rights, and delivering justice—has further exacerbated the situation.
One critical factor that has worsened the plight of Yemenis over the decades is the absence of trust among political factions. The country's transitions from one phase to another have occurred without addressing the root causes and effects of previous conflict cycles. Yemen's history is devoid of genuine transitional justice processes and national reconciliation efforts, leaving Yemenis burdened by the unresolved legacies and wounds of the past, which inevitably resurface in new cycles of conflict. These cycles are often fueled by resentment, desires for revenge, and the tendency to treat opponents within or outside the ruling authorities as adversaries. Such dynamics have hindered the establishment of a modern Yemeni state grounded in the rule of law, equal citizenship, and the protection and promotion of fundamental rights and freedoms for all.
Therefore, once this current conflict ends, it is imperative for Yemenis to confront their mistakes, prevent their recurrence, and work towards addressing the issues and consequences that could lead to future cycles of conflict. Genuine disclosure, reconciliation, and redress are now more crucial than ever for Yemen’s future. Developing well-considered solutions to fundamental challenges is essential, beginning with accurate diagnoses and culminating in genuine and lasting remedies. These efforts must be guided by overarching principles and inclusive frameworks that bring together all Yemenis.
Introduction to the Document and Its Nature
The document titled “Principles for Reunification and Building a Modern Yemeni State” is a compilation of fundamental principles, guidelines, and objectives that should serve as the foundational basis and ultimate goals for any efforts aimed at lifting Yemen, its society, and its forces out of the current state of fragmentation, conflict, lawlessness, and injustice. It envisions a future that upholds justice, protects rights and freedoms, ensures the rule of law, promotes equal citizenship, and embraces the values of tolerance, coexistence, accountability, reconciliation, and fairness. The document emphasizes recognizing societal grievances and essential challenges, diagnosing them, and addressing them effectively.
This document reflects the vision of Mwatana for Human Rights and civil society regarding the principles that should underpin a post-conflict Yemen. However, It does not propose detailed operational plans for the issues it addresses, as it is confined to general principles, guidelines, and overarching objectives. Additionally, it does not delve into essential matters such as the structure of the state or the nature of the political and electoral systems, despite the importance and criticality of these issues. Such matters must be subject to study, discussion, and referendum by the Yemeni society at large within agreed-upon frameworks and mechanisms.
Regardless of whether the post-conflict state adopts a federal or unitary structure, the document underscores the principles of national unity—of land, people, and geography—as a core tenet. Similarly, whether the political system is parliamentary, presidential, or hybrid, the document focuses on ensuring that the system remains republican in nature. Likewise, the document advocates for an electoral system that facilitates genuine, peaceful transitions of power, activates democratic mechanisms, and guarantees fair representation.
The same approach applies to other critical issues not covered in the document. As previously stated, this document is a collection of principles and cornerstones that should define the post-conflict Yemeni state, irrespective of its structural form or the specific nature of its political and electoral systems.
Methodology Used in Preparing the Document
The initial draft of this document, titled “Draft Declaration of Yemen’s Future,” was prepared by Mwatana for Human Rights and first presented for discussion during the second day of the Legacy of Gunpowder Conference, which Mwatana held from September 11 to 12, 2024. Copies of the draft were distributed at the conference, and feedback was solicited from participants via an email address and phone number printed on the cover of the document draft.
On Tuesday, September 24, 2024, a workshop was held at Mwatana’s headquarters in Sana’a to discuss the draft. The workshop was attended by a group of sociology professors, academics, judges, lawyers, journalists, and members of Mwatana’s team, including the organization's Chairperson, Vice Chairperson, and Executive Director.
Following the workshop, Mwatana’s team revised the draft, changing its title to “Principles for Reunification and Building a Modern Yemeni State.” This revision incorporated feedback provided by workshop participants. The updated draft was then reviewed again and shared with additional judges, lawyers, sociology professors, journalists, and academics. Written feedback was collected, and suggestions deemed appropriate for the document’s nature were incorporated into the final draft.
The final draft was presented for discussion and approval during a workshop held on November 21, 2024. Additional feedback was addressed, and the document’s content and format were refined before the final version was officially approved.
Document References
This document is based on several key references, which are:
1. The principles, objectives, and values of the September 26, 1962, and October 14, 1963 Revolutions and the Declaration of Independence issued on November 30, 1967.
2. The principles, objectives, values, and achievements of the Yemeni State of Unity established on May 22, 1990.
3. The constitution of the unified state, which was put to a referendum in 1991.
4. The outcomes of the Comprehensive National Dialogue Conference.
Main Goals of the Document
1. Diagnosing the fundamental issues facing Yemen, or those that have emerged due to the conflict and its various consequences.
2. Providing general principles and key foundations, and emphasizing the goals upon which the post-conflict state of Yemen should be based.
Based on the above two goals, the core objectives of the document are:
a. To end the ongoing conflict in the country as soon as possible.
b. To end the division and move toward the peacebuilding phase across all Yemeni territory.
c. To address the consequences of the conflict on institutions, organizations, sectors, and individuals.
d. To rebuild and reform state authorities and institutions, particularly the security and military sectors, and the judiciary, based on solid national foundations and purely professional and objective standards.
e. To consider the republican system, democracy, the principles and objectives of the September and October Revolutions, the November 30 Declaration of Independence, the principles and achievements of Yemeni unity on May 22, and the outcomes of the National Dialogue Conference as foundational for any political negotiations leading to a comprehensive political solution.
f. To foster a spirit of brotherhood among the Yemeni people, promoting a culture of tolerance and acceptance of others, rejecting division, and combating all forms of class, racial, sectarian, or any other discriminatory distinctions.
Target Groups for the Document
This document is primarily addressed to the local parties involved in the conflict, all Yemeni political factions, and regional and international actors, including the states sponsoring peace efforts. It is also directed to the United Nations, represented by its Secretary-General and Special Envoy to Yemen, as a mediator and sponsor of any peace agreements in Yemen. The document serves as a foundational framework of principles and values that Yemenis aspire to use in building the state of the future. Additionally, it is intended for experts, academics, activists, and civil society organizations to study, develop, build upon, advocate for its adoption and commitment, and formulate detailed plans and programs to implement its various aspects.
Timeline for the Implementation of the Document
The ideas and issues contained in this document should serve as a reference framework to be considered during the dialogue and negotiations to end the war, as well as the period of peacebuilding, national reconciliation, and state reconstruction. These phases should not include any elements that would hinder the Yemenis from achieving any of the aspirations, principles, rights, requirements, and foundational aspects outlined in this document, which represent the core needs of the vast majority of Yemenis across the country.
Principles and Main Pillars
First: Ending the Conflict and Building Trust
The Yemeni parties, primarily the internationally recognized government, the Ansar Allah (Houthi) group, the Southern Transitional Council with its various formations, the Joint Forces, and other active parties and political groups involved in the conflict, are urged to work toward a permanent resolution of the ongoing conflict and to take concrete steps toward national reconciliation. These steps should include open and responsible dialogue on core issues and challenges. The parties must also recognize that a political solution is the only solution to end the conflict. Their moral responsibility to the Yemeni people, to the suffering and ongoing crises they face, and to preventing Yemen and its people from being drawn into further cycles of violence and harsher crises, obliges them to reach an agreement for a permanent resolution of the conflict. They are the only ones capable of achieving this, and the peace and the end of the conflict fundamentally depend on their will and efforts to achieve it.
They must prioritize and address the issues that can be negotiated to achieve lasting peace. All issues, regardless of their nature or size, are solvable and can be addressed through consensus as long as the involved parties have genuine political will.
The first step toward a post-conflict Yemen and the modern Yemeni state is building trust between the conflicting parties as a fundamental guarantee to prevent a return to conflict and to ensure the commencement of serious and responsible dialogue on various contentious issues. The most important steps to build trust between the parties themselves and between these parties and the Yemeni society include:
1. Implementing a comprehensive ceasefire that helps reduce tensions and allows for the initiation of dialogue.
2. Carrying out prisoner exchanges among all parties, releasing all forcibly disappeared individuals, political prisoners, and prisoners of conscience.
3. Paying the salaries of civil service employees and contractors working in state facilities, suspended since September 2016, and finding effective and immediate solutions to ensure the continued payment of salaries.
4. Returning property looted during the conflict by all parties.
5. Addressing the initial and immediate issues related to the division of the economic system and unifying the exchange rate.
6. Opening roads and crossings across all areas by the various parties to the conflict.
7. Lifting land, sea, and air crossing restrictions and opening them for commercial flights and other routes.
8. Working to clear and remove landmines, providing maps detailing contaminated areas, and halting further mine planting.
9. Achieving comprehensive national reconciliation and opening channels for dialogue between the conflicting parties as a prelude to addressing the underlying causes that may contribute to the continuation or resumption of the conflict and prevent acts of revenge.
10. Committing to transparency in the implementation of various agreements, discussing related issues, providing necessary information about them, involving civil society, and strengthening its roles, including its oversight and awareness functions.
11. Canceling all decisions and laws issued during the state of emergency, particularly those related to public and personal freedoms such as freedom of expression, movement, and mobility, and repealing unjust sentences based on exceptional decisions and procedures lacking fair trial principles.
12. Announcing a media truce between all parties and directing media efforts toward promoting a spirit of rapprochement and fraternity, fostering opportunities for peace.
Second: Urgent Reconstruction and Recovery
Reconstruction in Yemen requires an integrated package of operations, steps, and procedures that promote the country’s stability and improve living conditions by restoring and improving infrastructure and public facilities, gradually alleviating the material damage sustained by the Yemeni society during the conflict and eventually eliminating it. This process includes, among other things:
1. Conducting a comprehensive assessment of the damage to infrastructure and economic and social sectors, using transparent mechanisms carried out by specialists and experts in this field.
2. Developing and implementing a comprehensive reconstruction plan and program that includes short-term, medium-term, and long-term priorities based on the results of needs assessments, urgent priorities, and available resources, establishing phased plans for implementing the various reconstruction operations.
3. Identifying the responsible parties/countries for reconstruction and developing plans to provide the necessary resources for the reconstruction process, including seeking different funding sources for this initiative.
4. Starting the process of rebuilding essential infrastructure based on the urgent needs of the community, such as the reconstruction and rehabilitation of roads, bridges, public facilities like water and electricity, schools, healthcare facilities, and more, while utilizing sustainable construction techniques.
5. Completing the reconstruction of various sectors based on the priorities and comprehensive assessments conducted, the overarching plan/program, and the phased timelines while ensuring effective monitoring mechanisms and committing to transparency in communicating with the community about the various aspects of the reconstruction process.
Third: Transitional Justice
Efforts to address the legacy of the current conflict and previous cycles of conflict, particularly in relation to violations, should involve engaging in a genuine transitional justice process that leads to a smooth and deliberate transition to a just and sustainable peace. This process should aim to remove the social tensions and fragmentation caused by the current conflict and past cycles, and address long-standing issues such as enforced disappearances, political exclusion, and the confiscation of rights, among others. The transitional justice process may begin simultaneously with the reconstruction and urgent recovery operations or even before them. The transitional justice process in Yemen must be based on several fundamental principles:
1. Genuine and effective community engagement across various sectors of Yemeni society in designing transitional justice programs and establishing their various plans while providing appropriate mechanisms to facilitate this engagement.
2. Granting individuals, especially direct victims of the various violations committed by the parties to the conflict, including victims of killing and mutilation, arbitrary detention, enforced disappearances, torture, extrajudicial killings, summary executions, forced recruitment, gender-based violence, and other violations committed during the conflict, as well as their families, the right to determine the form of redress they need from the violators. This can be through criminal accountability, legal action, acknowledgment and apology, amnesty, or other measures, as they are the primary stakeholders in this matter. No previous agreements should be made regarding transitional justice or within its framework that would prevent the exercise of this right, such as granting certain immunities or other such provisions.
3. Developing appropriate plans and programs to implement the choices of victims of human rights violations and their families regarding how they wish to engage with the violators during the post-conflict period and determining the types of penalties or measures that may be imposed.
4. Uncovering the whole truth about the violations committed during the conflict, including killings, mutilation, arbitrary detention, enforced disappearances, torture, extrajudicial killings, summary executions, forced recruitment, gender-based violence, and other violations. This can be achieved by establishing appropriate truth-seeking mechanisms that align with Yemen’s context and the nature of the violations. These mechanisms should include disclosing the nature of the violations committed by the parties, the victims, the circumstances, and those responsible, as well as revealing the fate of the forcibly disappeared and the missing, identifying mass graves, and other such revelations.
5. Addressing the issue of enforced disappearances by establishing effective plans and mechanisms to tackle this issue, which should not only cover the enforced disappearances committed during the current conflict but also include all cases of enforced disappearances over the past decades.
6. Designing appropriate programs for material reparations for victims of various violations, including victims of killing and mutilation, arbitrary detention, enforced disappearances, torture, extrajudicial killings, summary executions, forced recruitment, gender-based violence, and other violations committed during the conflict. These programs should align with the scale and nature of the harm and include practical plans for implementation, methods for securing the necessary funding, and timelines for completion. They should consist of various forms of material reparation, such as financial compensation, restitution of rights and property, correction of the status of vulnerable groups, and more.
7. Developing plans and programs for moral and material reparations, which may include recognition, apology, rehabilitation, commemoration, and other measures.
8. Empowering women, youth, persons with disabilities, and various minorities and ensuring their participation in designing and implementing transitional justice programs. They should also be able to engage equally in political, economic, social, and developmental fields with other sectors of society.
9. Providing adequate guarantees to prevent the recurrence of violations and their causes in the future, including institutional and legislative reform, primarily focusing on reforming the justice and security sectors and the military institutions, establishing effective oversight mechanisms, and developing systems for reporting, monitoring, and documenting violations. This should also include enhancing community participation, activating the roles of civil society institutions, promoting national reconciliation, achieving sustainable economic development, reinforcing respect for human rights and freedoms, and strengthening good governance.
Fourth: Institutional and Legislative Reform
Institutional and legislative reform is an urgent necessity that must be prioritized in post-conflict Yemen, as it represents one of the necessary measures to prevent recurrence and effectively enhances accountability, justice, and human rights. It helps ensure the ability of community members to access essential services and builds trust between citizens and the authorities, as well as between them and the transitional justice programs and recovery plans. The principles and foundations from which institutional and legislative reform should proceed include:
1. Reforming the constitution in alignment with the aspirations of the Yemeni people, based on the outcomes of the National Dialogue Conference in general and the results of the State-Building Team in particular.
2. Gradual and comprehensive structural and operational reforms across various institutions, prioritizing the justice, security, and military sectors. These reforms should be based on well-designed plans that diagnose the problems and imbalances and offer appropriate solutions.
3. Enhancing transparency and accountability by establishing diverse monitoring mechanisms for the functioning of various institutions, with a particular focus on civil oversight mechanisms and media freedom.
4. Training and qualifying personnel in the security and justice sectors to ensure they have sufficient knowledge of laws and legislation, and contribute to promoting and respecting human rights and achieving justice.
5. Promoting good governance and sound management, establishing clear and transparent financial and administrative policies, and enhancing digital transformation and technological development. This includes governance and modernization of the security and justice sectors, which would reduce violations and misconduct by public institutions and individuals while helping citizens access essential services equally.
6. Strengthening mechanisms to combat financial and administrative corruption, anti-money laundering, illicit enrichment, and other illegal activities.
7. Reviewing and amending existing laws to ensure they align with the latest and best human rights standards.
8. Introducing new laws and legislation to support the processes of transitional justice, institutional reform, anti-corruption efforts, and the protection and promotion of fundamental human rights and freedoms. These laws should include clear and specific definitions of human rights violations, especially enforced disappearances, child recruitment, torture, and other grave violations, criminalizing and prohibiting them under all circumstances, and establishing strict legal safeguards to prevent their recurrence and ensure accountability for perpetrators.
9. Enacting legislation criminalizing torture in all its forms, imposing deterrent penalties on law enforcement officers, investigators, or others who engage in torture, and activating related legal provisions to ensure that no confessions or statements obtained through any form of physical or psychological coercion are admissible.
10. Enacting or activating legal provisions that ensure civil liberties and personal freedoms, including freedom of expression, freedom of movement, peaceful assembly, the right to information, the right to participate in public affairs, and other fundamental rights and freedoms.
11. Separating the military institution (the army), which is responsible for national defense, from the security forces (police and security agencies), which are responsible for maintaining internal security, combating crime, and safeguarding individuals' rights and freedoms. This includes reviewing the structures of military and security institutions to ensure clear roles and responsibilities, enacting legislation that defines the powers and functions of both the military and security institutions, and providing necessary training and qualifications for their personnel based on their respective duties. Emphasis should be placed on their roles in promoting and protecting human rights to avoid overlap in functions, which could lead to further human rights violations. Effective civilian oversight mechanisms should be established to ensure accountability for the military and security institutions.
12. Establishing legal and procedural guarantees to ensure the independence of both the military and security institutions, defining the separation of their powers and responsibilities while also guaranteeing their neutrality and professionalism free from any political, tribal, or religious interventions or affiliations. Adequate resources should be provided to develop these institutions and meet their requirements to fulfill their roles effectively.
13. Enacting legislation that strengthens the complete independence of the judiciary and the legal profession, establishing constitutional, legal, and procedural safeguards to enable the judiciary and lawyers to carry out their responsibilities as specified in the constitution, without interference, and setting up effective oversight mechanisms to ensure non-interference in judicial matters.
Fifth: Reforming the Political System, Strengthening Democracy, and Promoting Good Governance
1. Working to reform the political system and achieve good governance through various standards, starting with transparency, accountability, participation, and the rule of law, and ending with strengthening and respecting human rights in the processes and goals of public and community institutions.
2. Enhancing and respecting democratic mechanisms, including the peaceful transfer of power, strengthening freedom of speech and expression, peaceful assembly, dialogue, participation, and community oversight.
3. Promoting the separation of powers and ensuring balance, guaranteeing the independence of the legislative and judicial branches from the executive, and ensuring the right of individuals to access justice.
4. Strengthening respect for human rights and fundamental freedoms, including economic, social, cultural, civil, and political rights, and providing suitable mechanisms to implement these rights effectively.
5. Promoting the rule of law and equal citizenship, ensuring the empowerment of women, persons with disabilities, and other marginalized and vulnerable groups, enabling them to fully and fairly access their rights on an equal footing with other groups in society, and enhancing protection and safeguarding mechanisms for these groups.
Sixth: Economic Development
1. Enhancing key productive sectors in Yemen, particularly agriculture, tourism, extractive and manufacturing industries, improving the investment climate by strengthening security, providing necessary facilitation, improving the financial and banking system, enhancing public services, developing human resources, and promoting innovation and creativity, as well as investing in talent and skills.
2. Developing effective plans and programs to reduce unemployment, providing job opportunities and fair wages, strengthening individuals' right to access health and social insurance, and reforming public employment procedures.
3. Transitioning to clean energy to promote business development and adopting mechanisms to protect the environment and preserve land.
4. Improving the management of revenue and tax systems, as well as zakat and endowment management.
5. Strengthening mechanisms for oversight, accountability, and combating corruption in all its forms.
Seventh: Education and Capacity Building
Work on developing and modernizing education at all levels, improving its quality, and neutralizing it from all ideological, sectarian, regional, and local influences through:
1. Reforming the education system, which includes, among many other things, updating and developing curricula to meet labor market requirements, enhancing critical thinking skills, improving teaching methods, developing teachers' capabilities, and ensuring free education.
2. Focusing on teachers' qualifications and training, granting them all the rights and guarantees that ensure a dignified life for them and their dependents.
3. Improving and developing educational infrastructure, securing adequate and continuous educational materials and supplies, allocating sufficient financial resources for the education sector, expanding literacy programs, and ensuring easy access to education in various areas, including rural and remote regions.
4. Supporting higher education, scientific research, and vocational education, improving the quality of university education, training educational staff in effective management and strategic planning, and keeping pace with global developments in education across all stages while establishing the necessary plans and programs.
5. Continuous evaluation and review of programs, staff, and educational facilities, along with ongoing development and improvement.
Eighth: Strengthening Media Freedom and Independence
1. Working to liberate the media from government ownership and dominance, providing independent mechanisms that enhance guarantees for respecting press freedom and media work as a whole, enabling the media to fulfill its oversight role, promoting national identity, respecting freedom of conscience, thought, and belief, and protecting against defamation, incitement, and treason.
Ninth: Strengthening the Role of Civil Society Institutions
1. Enhance civil society’s presence, highlight its role, respect its freedom and independence, and provide sufficient guarantees for this. Enact laws and regulations to organize the work of civil society institutions, define their rights, duties, and roles, and provide the necessary resources and facilities to support these roles. Strengthen trust between civil society and the state through transparency and effective partnership, ensuring the right to access information and restoring the freedom of trade unions in both public and private institutions.
2. Raise awareness of fundamental human rights and freedoms within society, promote mechanisms to strengthen them, and provide ways for individuals to claim and achieve these rights.
Tenth: Building Trust and Restoring Social Cohesion
1. Work on rationalizing religious discourse, neutralizing places of worship and various religious guidance spaces.
2. Promote national identity for all Yemenis, regardless of their background.
3. Work towards eliminating all forms of racial discrimination, rejecting violence and hate speech, and prohibiting their use for political, regional, sectarian, or harmful purposes under any pretext.
4. Promote social participation and responsibility and reinforce unity, coexistence, and tolerance values.
5. Introduce human rights and fundamental freedoms as part of the curriculum in secondary schools and universities.
Eleventh: Achieving Sustainable Development Goals
Work on achieving the 17 Sustainable Development Goals (SDGs) through various processes, efforts, plans, and programs in the economic, political, social, cultural, and administrative aspects of post-conflict Yemen.
Twelfth: Approval, Amendment, and Publication
This document will be flexible and subject to amendment, discussion, and study in line with the Yemeni context, the different needs, and the prioritization of issues while maintaining the general principles and key values it contains, along with its core references.
This document will be published on the official website of Mwatana for Human Rights and on the e-pages of the Transitional Justice Forum. It will be accompanied by the names of the civil society organizations that have signed it. The signatory civil society organizations will have full rights to publish, share, and disseminate the document as mutually agreed upon.
