Agreement for the exchange prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest

  • Country/entity
    Yemen
  • Region
    Middle East and North Africa
  • Agreement name
    Agreement for the exchange prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest
  • Date
    17 Dec 2018
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Yemeni Civil Wars (1994) (2011 - ) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government/territory
  • Peace process
    Yemen peace process
  • Parties
    First Party Represented by
    Sheikh. Hadi Ahmed Heij
    President of Prisoners and Detainees
    Foundation and Representative Prisoners Affairs & Missing Persons
    of the Arab Coalition

    Second Party Represented by
    Mr. Abdelqader Hassan Al-Mortada
    Chairman of the National Committee
  • Third parties
    -
  • Description
    -

Groups

  • Children/youth

    No specific mention.

  • Disabled persons

    No specific mention.

  • Elderly/age

    No specific mention.

  • Migrant workers

    No specific mention.

  • Racial/ethnic/national group

    No specific mention.

  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups
    Groups→Other groups→Substantive
    Page 1,

    To demonstrate goodwill and to promote the peace process, the Yemeni parties and the Arab
    Coalition Representative (hereinafter referred to as the "Parties") agreed to conduct a
    comprehensive and complete exchange of all prisoners, detainees, missing persons, arbitrarily
    detained and forcibly disappeared persons, and those under house arrest, in accordance with the
    following principles:

    First, the parties agreed to release all prisoners, detainees, missing persons, arbitrarily detained
    and forcibly disappeared persons, and those under house arrest, held in relation to the events in
    Yemen, without any exceptions or conditions, for the purpose of resolving this fully and
    definitively.

    Second, each party shall hand over all prisoners, detainees, missing persons, arbitrarily detained
    and forcibly disappeared persons, and those under house arrest, held in relation to the events in
    Yemen, by all Yemeni parties or the Arab Coalition, whether they are Yemeni or from the coalition
    countries, including (Faisal Rajab - Mohammed Qahtan - Mahmoud Subaihi - Nasser Mansour
    Hadi).
  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Substantive
    Page 1,

    To demonstrate goodwill and to promote the peace process, the Yemeni parties and the Arab
    Coalition Representative (hereinafter referred to as the "Parties") agreed to conduct a
    comprehensive and complete exchange of all prisoners, detainees, missing persons, arbitrarily
    detained and forcibly disappeared persons, and those under house arrest, in accordance with the
    following principles:

    First, the parties agreed to release all prisoners, detainees, missing persons, arbitrarily detained
    and forcibly disappeared persons, and those under house arrest, held in relation to the events in
    Yemen, without any exceptions or conditions, for the purpose of resolving this fully and
    definitively.

    ...

    Fifth, in the event that any prisoners, detainees, missing persons, arbitrarily detained and forcibly
    disappeared persons, and those under house arrest, or those arrested and detained in relation to the
    events in Yemen, were found not released after the exchange process, all parties are obliged to
    release them immediately and unconditionally.
  • Social class

    No specific mention.

Gender

  • Women, girls and gender

    No specific mention.

  • Men and boys

    No specific mention.

  • LGBTI

    No specific mention.

  • Family

    No specific mention.

State definition

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.

Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 1,

    This agreement was executed under the auspices and the supervision of the Office of the Special
    Envoy of the Secretary-General for Yemen, the sponsor and guarantor for this agreement. The
    International Committee of the Red Cross shall also oversee and facilitate the exchange process
    and the technical procedures related to this agreement.

    The involvement of the International Committee of the Red Cross aims to ensure respect for
    fundamental humanitarian principles and procedures that facilitate the release, or transfer or
    repatriation of all persons who were deprived of their liberty during the events in Yemen.
    Therefore, the safety of the staff of the International Committee of the Red Cross shall be ensured
    during this process and all necessary facilities shall be provided to them so that the International
    Committee of the Red Cross can play its intermediary and neutral role to facilitate the
    implementation of the agreement.

    Page 2, Implementation Mechanism:
    …
    9- A technical working group shall be established with the participation of the parties, the Office of the Special Envoy of the Secretary-General for Yemen, and the International Committee of the Red Cross to focus exclusively on the logistical and technical aspects of the exchange.
  • Traditional/religious leaders

    No specific mention.

  • Public administration

    No specific mention.

  • Constitution

    No specific mention.

Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.

Human rights and equality

  • Human rights/RoL general

    No specific mention.

  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation
    Page 1,

    Recognizing the importance of urgently addressing the issue in accordance with the legal processes
    and provisions, particularly, the conventions, principles and norms of international humanitarian
    law, human rights and relevant laws of the Republic of Yemen and relevant United Nations
    resolutions,
  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.

Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.

Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    No specific mention.

Justice sector reform

  • Criminal justice and emergency law

    No specific mention.

  • State of emergency provisions

    No specific mention.

  • Judiciary and courts

    No specific mention.

  • Prisons and detention

    No specific mention.

  • Traditional Laws

    No specific mention.

Socio-economic reconstruction

  • Development or socio-economic reconstruction
    Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
    Page 1, Preamble:
    This is a humanitarian issue and it shall not be subject to any political scores or other matters and the perspective of parties shall be to reunite the bereaved families, as it is endorsed in Islam.
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.

Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.

Security sector

  • Security Guarantees

    No specific mention.

  • Ceasefire

    No specific mention.

  • Police

    No specific mention.

  • Armed forces

    No specific mention.

  • DDR

    No specific mention.

  • Intelligence services

    No specific mention.

  • Parastatal/rebel and opposition group forces

    No specific mention.

  • Withdrawal of foreign forces

    No specific mention.

  • Corruption

    No specific mention.

  • Crime/organised crime

    No specific mention.

  • Drugs

    No specific mention.

  • Terrorism

    No specific mention.

Transitional justice

  • Transitional justice general

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release
    Page 1,

    The involvement of the International Committee of the Red Cross aims to ensure respect for fundamental humanitarian principles and procedures that facilitate the release, or transfer or repatriation of all persons who were deprived of their liberty during the events in Yemen. Therefore, the safety of the staff of the International Committee of the Red Cross shall be ensured during this process and all necessary facilities shall be provided to them so that the International Committee of the Red Cross can play its intermediary and neutral role to facilitate the implementation of the agreement.

    To demonstrate goodwill and to promote the peace process, the Yemeni parties and the Arab Coalition Representative (hereinafter referred to as the "Parties") agreed to conduct a
    comprehensive and complete exchange of all prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, in accordance with the following principles:

    First, the parties agreed to release all prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, held in relation to the events in Yemen, without any exceptions or conditions, for the purpose of resolving this fully and definitively.

    Second, each party shall hand over all prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, held in relation to the events in Yemen, by all Yemeni parties or the Arab Coalition, whether they are Yemeni or from the coalition countries, including (Faisal Rajab - Mohammed Qahtan - Mahmoud Subaihi - Nasser Mansour Hadi).

    Page 2,

    Fourth, all parties are obliged not to exclude any person who was imprisoned, arrested, detained, or captured for any reason in relation to the events.

    Fifth, in the event that any prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, or those arrested and detained in relation to the events in Yemen, were found not released after the exchange process, all parties are obliged to release them immediately and unconditionally.

    Page 2, Implementation Mechanism:
    1- Each Party shall hand over to the other Party the lists of their prisoners, detainees, kidnapped persons, or any person arrested in relation to the events, within one week from the date of signature of this agreement. All lists shall be exchanged through the Office of the Special Envoy of the Secretary-General for Yemen.
    2- Each party shall be committed to submit a correct, accurate and up-to-date list of the data through the Office of the Special Envoy of the Secretary-General for Yemen and it shall include the quadruple full name, the title, the governorate, the directorate, place of arrest, and place of imprisonment, if any, to facilitate the search process.
    3- Each party shall submit information about the lists submitted to them, through the Office of the Special Envoy of the Secretary-General for Yemen, within a period not exceeding one week from the date of receipt of the information.
    4- Each Party shall submit written remarks, if any, on the lists submitted to them by the other party within one week from the date of receipt of the lists through the Office of the Special Envoy of the Secretary-General for Yemen.
    5- The remarks mentioned in point number 4 shall be responded to within one week from the date of receipt of these remarks.
    6- The final lists shall be signed by all parties and handed over to the Office of the Special Envoy of the Secretary-General for Yemen and the International Committee of the Red Cross, for the purpose of preparing and conducting the exchange process in coordination with the Office of the Special Envoy of the Secretary-General for Yemen.
    7- The agreed upon shall be carried out after submitting information on the remarks within a period not exceeding ten days.
    8- It was agreed to carry out the exchange process of all prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, by both parties, at the same time in Al-Jawf governorate, to ensure a smooth functioning of the process.
    9- A technical working group shall be established with the participation of the parties, the Office of the Special Envoy of the Secretary-General for Yemen, and the International Committee of the Red Cross to focus exclusively on the logistical and technical aspects of the exchange.
    10- A committee from the two parties shall be formed and it shall commence its task upon signing this agreement, to recover and exchange bodies from all fronts and areas and the two parties shall facilitate the work of the committee, secure it, and cooperate with it.
  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.

Implementation

  • UN signatory

    No specific mention.

  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 2, Implementation Mechanism:
    1- Each Party shall hand over to the other Party the lists of their prisoners, detainees, kidnapped persons, or any person arrested in relation to the events, within one week from the date of signature of this agreement. All lists shall be exchanged through the Office of the Special Envoy of the Secretary-General for Yemen.
    2- Each party shall be committed to submit a correct, accurate and up-to-date list of the data through the Office of the Special Envoy of the Secretary-General for Yemen and it shall include the quadruple full name, the title, the governorate, the directorate, place of arrest, and place of imprisonment, if any, to facilitate the search process.
    3- Each party shall submit information about the lists submitted to them, through the Office of the Special Envoy of the Secretary-General for Yemen, within a period not exceeding one week from the date of receipt of the information.
    4- Each Party shall submit written remarks, if any, on the lists submitted to them by the other party within one week from the date of receipt of the lists through the Office of the Special Envoy of the Secretary-General for Yemen.
    5- The remarks mentioned in point number 4 shall be responded to within one week from the date of receipt of these remarks.
    6- The final lists shall be signed by all parties and handed over to the Office of the Special Envoy of the Secretary-General for Yemen and the International Committee of the Red Cross, for the purpose of preparing and conducting the exchange process in coordination with the Office of the Special Envoy of the Secretary-General for Yemen.
    7- The agreed upon shall be carried out after submitting information on the remarks within a period not exceeding ten days.
    8- It was agreed to carry out the exchange process of all prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, by both parties, at the same time in Al-Jawf governorate, to ensure a smooth functioning of the process.
    9- A technical working group shall be established with the participation of the parties, the Office of the Special Envoy of the Secretary-General for Yemen, and the International Committee of the Red Cross to focus exclusively on the logistical and technical aspects of the exchange.
    10- A committee from the two parties shall be formed and it shall commence its task upon signing this agreement, to recover and exchange bodies from all fronts and areas and the two parties shall facilitate the work of the committee, secure it, and cooperate with it.
  • Related cases

    No specific mention.

  • Source
    https://osesgy.unmissions.org/agreement-exchange-prisoners-detainees-missing-persons-arbitrarily-detained-and-forcibly-disappeared

Preamble:

This is a humanitarian issue and it shall not be subject to any political scores or other matters and the perspective of parties shall be to reunite the bereaved families, as it is endorsed in Islam.

Recognizing the importance of urgently addressing the issue in accordance with the legal processes and provisions, particularly, the conventions, principles and norms of international humanitarian law, human rights and relevant laws of the Republic of Yemen and relevant United Nations resolutions, This agreement was executed under the auspices and the supervision of the Office of the Special Envoy of the Secretary-General for Yemen, the sponsor and guarantor for this agreement.

The International Committee of the Red Cross shall also oversee and facilitate the exchange process and the technical procedures related to this agreement.

The involvement of the International Committee of the Red Cross aims to ensure respect for fundamental humanitarian principles and procedures that facilitate the release, or transfer or repatriation of all persons who were deprived of their liberty during the events in Yemen.

Therefore, the safety of the staff of the International Committee of the Red Cross shall be ensured during this process and all necessary facilities shall be provided to them so that the International Committee of the Red Cross can play its intermediary and neutral role to facilitate the implementation of the agreement.

To demonstrate goodwill and to promote the peace process, the Yemeni parties and the Arab Coalition Representative (hereinafter referred to as the "Parties") agreed to conduct a comprehensive and complete exchange of all prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, in accordance with the following principles:

First, the parties agreed to release all prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, held in relation to the events in Yemen, without any exceptions or conditions, for the purpose of resolving this fully and definitively.

Second, each party shall hand over all prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, held in relation to the events in Yemen, by all Yemeni parties or the Arab Coalition, whether they are Yemeni or from the coalition countries, including (Faisal Rajab - Mohammed Qahtan - Mahmoud Subaihi - Nasser Mansour Hadi).

Third, no party shall have the right to refrain from extraditing any person who was arrested, detained, or captured for any reason in relation to the events, and all parties shall be obliged to comply with that.

Fourth, all parties are obliged not to exclude any person who was imprisoned, arrested, detained, or captured for any reason in relation to the events.

Fifth, in the event that any prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, or those arrested and detained in relation to the events in Yemen, were found not released after the exchange process, all parties are obliged to release them immediately and unconditionally.

Implementation Mechanism:

1- Each Party shall hand over to the other Party the lists of their prisoners, detainees, kidnapped persons, or any person arrested in relation to the events, within one week from the date of signature of this agreement.

All lists shall be exchanged through the Office of the Special Envoy of the Secretary-General for Yemen.

2- Each party shall be committed to submit a correct, accurate and up-to-date list of the data through the Office of the Special Envoy of the Secretary-General for Yemen and it shall include the quadruple full name, the title, the governorate, the directorate, place of arrest, and place of imprisonment, if any, to facilitate the search process.

3- Each party shall submit information about the lists submitted to them, through the Office of the Special Envoy of the Secretary-General for Yemen, within a period not exceeding one week from the date of receipt of the information.

4- Each Party shall submit written remarks, if any, on the lists submitted to them by the other party within one week from the date of receipt of the lists through the Office of the Special Envoy of the Secretary-General for Yemen.

5- The remarks mentioned in point number 4 shall be responded to within one week from the date of receipt of these remarks.

6- The final lists shall be signed by all parties and handed over to the Office of the Special Envoy of the Secretary-General for Yemen and the International Committee of the Red Cross, for the purpose of preparing and conducting the exchange process in coordination with the Office of the Special Envoy of the Secretary-General for Yemen.

7- The agreed upon shall be carried out after submitting information on the remarks within a period not exceeding ten days.

8- It was agreed to carry out the exchange process of all prisoners, detainees, missing persons, arbitrarily detained and forcibly disappeared persons, and those under house arrest, by both parties, at the same time in Al-Jawf governorate, to ensure a smooth functioning of the process.

9- A technical working group shall be established with the participation of the parties, the Office of the Special Envoy of the Secretary-General for Yemen, and the International Committee of the Red Cross to focus exclusively on the logistical and technical aspects of the exchange.

10- A committee from the two parties shall be formed and it shall commence its task upon signing this agreement, to recover and exchange bodies from all fronts and areas and the two parties shall facilitate the work of the committee, secure it, and cooperate with it.

This Agreement was Executed in Two Copies, One Copy for Each Party First Party Represented by Second Party Represented by Sheikh.

Hadi Ahmed Heij Mr. Abdelqader Hassan Al-Mortada President of Prisoners and Detainees Chairman of the National Committee Foundation and Representative Prisoners Affairs & Missing Persons of the Arab Coalition