Mwatana Launches Field Study as Part of Post-Conflict Transitional Justice Efforts in Yemen
On Sunday, September 22, 2024, Mwatana for Human Rights launched a field study titled "Requirements for Institutional Reform in the Justice and Security Sector: Towards Transitional Justice in Post-Conflict Yemen". The study, prepared by Mwatana, aims to analyze the current institutional and legal environment of these sectors, identifying the structural, legal, and procedural deficiencies that have contributed to human rights violations and fostered impunity since the outbreak of the armed conflict in September 2014.
The study focuses on the institutional environment, structural, legal, and operational deficiencies of the security and justice sectors in Sana’a, Aden, Hadhramaut, Hodeidah, as well as Taiz and Marib. These governorates were selected either for being exclusive seats for criminal courts and prosecution offices or for the distinct nature of their criminal justice systems. The study also took into account the areas controlled by the major parties to the conflict, including the Ansar Allah (Houthi) group, the Presidential Leadership Council, the internationally recognized government, and the Southern Transitional Council. The aim was to shed light on the deficiencies, constraints, and practices imposed by these parties on the justice and security institutions in their respective areas of control.
The study’s findings were based on primary field data from specific cases of severe human rights violations committed by public officials in the security and justice sectors during the conflict. This included 17 individual interviews with victims and their families, and six in-depth interviews with relevant organizations to explore their experiences and the challenges they face when working with the security and justice institutions. In addition, the study drew on several descriptive and procedural field reports, four focus group discussions involving specialists, academics, prosecutors, judges, former security officials, and civil society representatives, as well as a review of relevant records, literature, and legal frameworks governing the work of these institutions. Mwatana’s field team, composed of lawyers, received training from January 7-11, 2024, to collect the necessary data for the study.
Radhya Al-Mutawakel, Chairperson of Mwatana for Human Rights, stated that the study is part of the organization’s efforts to provide sound inputs that can be used to design transitional justice programs in the post-conflict phase in Yemen. These programs aim to address the fundamental deficiencies that have led to the involvement of security and justice institutions in widespread human rights violations, with the goal of rectifying these issues, ensuring the non-recurrence of violations, and enabling these institutions to fulfill their roles and responsibilities in protecting and upholding rights and promoting the rule of law and justice under all circumstances.
In its findings, the study identified a range of deficiencies in the security and justice sectors, both legally and institutionally. These include Yemen’s limited commitment to international human rights conventions, the gaps between legal texts and actual practices, contradictions in the legal regulations governing these sectors, shortcomings in Yemeni legislation, poor governance, structural and organizational challenges, the weakness of public prosecution in relation to security bodies, ineffective internal and external oversight mechanisms, the fragmentation of the justice system due to the conflict, and the poor physical infrastructure of the security and justice sectors, which lack even the minimum essential services and technical equipment. The study also highlighted shortages in human resources, including judges, prosecutors, and administrative staff, as well as the absence of technical support services, such as forensic medicine, and the limited financial resources allocated to the security and justice sectors. The practices and restrictions imposed by the parties to conflict, including the politicization of the judiciary and the spread of judicial appointments without regard to competence, integrity, or specialization, were also noted as major issues.
The study offered a set of recommendations through which visions for addressing the deficiencies in the security and justice institutions can be developed. These include recommendations related to legislative reforms, institutional measures, guarantees of non-repetition, procedural rules, and the role of civil society in promoting the rule of law.
Mwatana for Human Rights called on parties to the conflict, civil society organizations, the media, researchers, and specialists to consider the findings of this study when addressing the deficiencies in the security and justice sectors. This includes reform programs, plans, and policies related to institutional reforms in general, and the justice and security sectors in particular, as part of transitional justice programs in the post-conflict phase.
