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

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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 - )
The Republic of Yemen was formed in May 1990 after the merger between the Yemeni Arab Republic (YAR) in the north and the People’s Democratic Republic of Yemen (PDRY) in the south. The unification process was rushed and the final agreement between President Ali Abdullah Saleh and President Ali Salem al-Beidh was based on the imperfect promise of equality. Following the merger, integration of the militaries and civil services was at best incomplete or at times entirely non-existent. When Saleh’s General Congress Party (GPC) allied itself with the newly created Islamist Islah (‘reform’) party in 1993, the former ruling party of South Yemen – the Yemen Socialist Party (YSP) – was effectively side-lined in the 1993 General Elections. Violence involving the use of heavy weaponry and aerial bombardment erupted in April 1994 and on the 21 May 1994 Vice President al-Beidh declared the secession of the south, citing political centralization with the northern highland tribes, violence against the YSP and economic discrimination. In the midst of fighting, negotiations in Cairo, Egypt, collapsed. The war ended with the military victory of the north, and on the 1 October 1994, Ali Abdullah Saleh was elected President.

Despite the unification of Yemen in 1990, political power during the 1990s and 2000s remained centralized with the northern highland tribes, particularly the villages from which President Ali Abdullah Saleh and his confidants stemmed. The system of clientelism established through the ruling General People’s Congress party maintained relative loyalty among the fractured political allegiances of Yemen’s traditional tribal leadership. However, diminishing oil reserves and the shrinking opportunities for access to rent increased economic and political marginalization in Yemen’s peripheral communities. The degree of regionalism of conflicts is further defined by other local grievances. In the northern governorate of Sa’dah, a backlash was provoked among the local Zaydi Shi’a against Sunni Salafist cultural incursions resulting in six wars between 2004 and 2010. In the southern governorates of Hadramawt, Shabwa, al-Dhali and Abyan, civil and military personnel forcibly retired after the 1994 Civil War began protesting and eventually formed the secessionist Southern ‘al-Hiraak’ movement in 2007. Furthermore, tribal grievances have spurred attacks on oil companies and government installations to extract rents. Various takfiri groups including al-Qaeda in the Arabian Peninsula have also increased their presence since 1995.

The Yemen Spring in early 2011 allowed all these movements to express their joint displeasure. Moreover, factionalism in the regime split the already weak military and thus allowed the Houthis, the takfiris and tribal-based militia known as popular committees, to assert themselves militarily. Mandated by the UN-sponsored Gulf Cooperation Council Initiative, the National Dialogue held from March 2013 to January 2014 aimed at guaranteeing power-sharing among the different parties. However, the GCC Initiative only included formal political parties that did not accurately reflect political realities. Furthermore, provisions lacked adequate transitional justice and provided former-President Saleh, as well as others, full amnesty. As a result, little faith was placed in the process by formerly marginalized groups such as the Zaydi Shia Houthi rebels (Ansar Allah) and al-Hiraak who opted to increase their bargaining power vis-à-vis the state by strengthening their own territorial enclaves. In September 2014 the Houthis succeeded in capturing the capital Sana’a and gradually expanded their control southward. The subsequent UN-mediated Peace and National Partnership Agreement between transitional president Hadi and the Houthis on a federal, democratic Yemeni state, failed to be implemented as the Houthis successfully dissolved the parliament and deposed Hadi in January 2015. Following the Saudi military intervention to restore the Hadi government in March 2015, ceasefire attempts continuously failed. A two-year deadlock ensued until negotiations between the Houthis and the government of Yemen finally culminated in the Stockholm Agreement in December 2018. However, throughout 2019 the Saudi-led coalition continues to launch airstrikes. Furthermore, in May 2017 the Southern al-Hiraak movement had declared the secessionist formation of the Southern Transitional Council (STC), seizing the interim-capital Aden by January 2018. Territorial divisions between the Yemeni government, the Houthis, forces affiliated with Saudi Arabia and the United Arab Emirates, local militias and tribes have continued to fracture the country.
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: -

Agreement document: YE_181217_prisoners_agreement_-_english.pdf (opens in new tab) | Download PDF

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