Support to the Implementation of Transitional Justice in Yemen

What is the project about

TJ
First educational and consultative workshop, organized in Sana’a on 6-7 July 2013

Transitional justice (TJ) aims to assist societies to come to terms with their past marked by large scale injustice (such as human rights violations, war crimes, socio-economic, political and cultural inequalities etc.) and to advance to just societies. In order to address and resolve those issues, transitional justice provides assistance drawing upon the full range of judicial and non-judicial instruments to recognize suffering and to facilitate overall institutional, political as well as socio-economic transformation that will help to establish lasting peace (reconciliation), democracy and guarantees of non-recurrence of past injustices.

The Support to the Implementation of Transitional Justice in Yemen Project (TJ Project) focuses on providing support towards the implementation of the transitional justice and national reconciliation in Yemen in compliance with international standards and best practice, ensuring (i) a victim-centred perspective, (ii) that conflicts are resolved peacefully and in a manner that supports the coexistence of all relevant groups involved, (iii) lasting, open and inclusive societal dialogue about the past, (iv) democratic values and human rights and (v)  guarantees of non-recurrence of violence. The project was launched as a multi-donor platform in August 2012, but became fully functional in May 2013. As such the TJ project contributes to the implementation of the Gulf Cooperation Council’s (GCC) Implementation Mechanism and of the Government Transitional Program for Stabilization and Development (TPSD).

By supporting the Ministry of Legal Affairs (MoLA), CSOs and non judicial fact-finding investigative bodies such as truth commission, Commission of Inquiry into events of 2011, the Commission to Consider and Address Land Issues (Land Commission) and (Commission on Forcibly Dismissed Employees) Dismissals Commission, by enhancing societal dialogue about the past through state, regional and local consultation process and raising awareness on transitional justice, the TJ project assists to building and securing democratic values and human rights protection in order to contribute to conflict prevention.

The project has 2 national and one international staff. The staff is embedded in MoLA, directly cooperating with the Ministry in achieving the project’s goals. It is directly implemented by UNDP in partnership with OHCHR and cost-sharing agreements with a number of donors, including  EU, SIDA, Kingdom of the Netherlands and Government of Japan were signed. The project also got financial contribution from the UN Peace Building Fund. Although the project is fully funded, owing to importance of supporting the NDC’s recommendations, the TJ project may need additional funding in the future. 

What have we accomplished so far

1)     Societal dialogue about the past – to overcome sectarian divide and create common ground for understanding among various societal groups:

  • For the first time organized country-wide consultative process on transitional justice involving around 500 representatives of institutions from all levels of governance and CSOs, enabling participants to discuss the TJ needs and define recommendation how to achieve them. 

2)    Consultation process on the draft Law on Transitional Justice and National Reconciliation (TJ Law):

  • More than 400 representatives of institutions of government and CSOs participated on the consultation process on the draft TJ Law. Recommendations were submitted to the Ministry of Legal Affairs and inserted in the TJ Law.  

3)      Building capacity of the Land and Dismissals Commissions to achieve their mandates

  • Databases created which enabled the commissions to 1) aggregate and disaggregate cases, 2) issue reports and analysis regarding specific cases, groups of cases, pattern of crimes etc., 3) protect and archive documentation and 4) register new cases electronically.
  • Provided technical support to the commissions to enable them to 1) complete claim form and file of a claimant, 2) process and review claims,  3) design recommendations how to settle individual and group of claims.  

4)     Building capacity of the MoLA in TJ

  • The MoLA’s TJ office created engaging representatives of the Ministry who passed specialized TJ trainings. 
  • In-house facilitation team was created. 12 facilitators facilitated consultation process on the TJ Law. 
Anticipated activities in 2014

The UNDP through the TJ project will continue playing a key role in supporting and facilitation transitional justice process in Yemen. The project will 

  • Continue supporting the Land and Dismissals Commissions by assisting in developing expertise how to solve all submitted cases (creation of expert teams; experience exchange; data entry, data protection etc.).
  • Build capacity of truth commission and Commission of Inquiry once they are formed, by providing technical expertise and creating specialized teams. 
  • Build capacity of CSOs to initiate their TJ projects and programmes; subcontracting CSOs to implement the project’s activities; initiating small grants fund for CSOs 
  • Securing lasting societal dialogue about injustice from the past on the local level, especially in communities suffered human rights violations. 
  • Creating strategic documents relevant to each TJ mechanism
  • Raise awareness of institutions and citizens on TJ 
  • Build capacity of the MoLA to independently create TJ related laws and programmes. 


Who Finances it?



Donor name        

Amount contributed per year $

2013

UNDP/TRAC 1&2

500,000

OHCHR

50,000

2014
UNDP 207,000
Japan 1,000,000
EU 1,340,482
Netherlands

754,876

SIDA 2,133,821
PBF 1,000,000

Delivery in previous fiscal year

Dec 2013 722,380 USD
Overview
Status
Ongoing
Project Start Date
1/09/2012
Estimated End Date
31/12/2014
Focus Area
Democratic Governance
Geographic Coverage
Throughout the country
Chief Technical Advisor
Dragan Popovic
Partners
Government partners: Ministry of Legal Affairs, Commission to Consider and Address Land Issues (the Land Commission), Commission on Forcibly Dismissed Employees (the Dismissals Commission), Transitional Justice Commission (truth commission, yet to be established), Commission of Inquiry into events of 2011 (yet to be established) and Independent Human Rights Institutions (INHRI, yet to be established) CSOs and INGOs: national civil society organizations and international non-governmental organizations Intergovernmental organizations and development partners: OHCHR, OSASG, UNDPA, EU, SIDA, Government of Japan, the Embassy of the Kingdom of the Netherlands etc.
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