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Back to: Constitutions
Yemen
PART
ONE: THE FOUNDATIONS
OF THE STATE
Chapter I: The Political Foundations
Article (1) The Republic of Yemen is an Arab, Islamic and
independent sovereign state whose integrity is inviolable, and no
part of which may be ceded. The people of Yemen are part of the Arab
and Islamic nation.
Article (2) Islam is the religion of the state, and Arabic is its
official language.
Article (3) Islamic Shari'ah is the source of all legislation.
Article (4) The people of Yemen are the possessor and the source of
power, which they exercise directly through public referendums and
elections, or indirectly through the legislative, executive and
judicial authorities, as well as through elected local councils.
Article (5) The political system of the Republic of Yemen is based
on political and partisan pluralism in order to achieve a peaceful
transformation of power. The Law stipulates rules and procedures
required for the formation of political organizations and parties,
and the exercise of political activity. Misuse of Governmental posts
and public funds for the special interest of a specific party or
organization is not permitted.
Article (6) The Republic of Yemen confirms its adherence to the UN
Charter, the International Declaration of Human Rights, the Charter
of the Arab League, and dogma of international law which are
generally recognized.
Chapter II: The Economic Foundations
Article (7) The national economy is based on freedom of economic
activity which benefits both the individual and society and which
enhances national independence. The national economy should be
founded on the following principles:
Islamic social justice in economic relations which aims at
developing and promoting production, achieving social integration
and equilibrium, providing equal opportunities and promoting higher
living standards in society.
Lawful competition between the public, private, cooperative and
mixed economic sectors, and realisation of equal and just treatment
in all sectors.
Protection and respect for private ownership, which cannot be
confiscated unless necessary in the public interest, in lieu of fair
consideration and in accordance with law.
Article (8) All types of natural resources and sources of energy,
whether above ground, underground, in territorial waters, on the
continental shelf or the exclusive economic zone are owned by the
state, which assure their exploitation for the common good of the
people.
Article (9) The state's economic policy shall be based on scientific
planning which ensures the best exploitation of all resources and
the promotion of capabilities for all economic sectors in all
socioeconomic fields of development and within the state's
development plan which serves the common interest and the national
economy.
Article (10) The state shall sponsor foreign trade and promote
internal trade and investment in a way that serves the national
economy. The state shall issue legislation that guarantees
protection for producers and consumers, availability of basic
commodities, restriction of monopoly and shall promote, according to
the law, private capital investment in all socio-economic
development fields and in accordance with law.
Article (11) The law shall regulate the state's official currency
and the financial and banking systems. It shall also define
measurements, standards and weights.
Article (12) Taxes should be assessed with regard to the public
interest in order to achieve social justice among citizens.
Article (13) The imposition, amendment, and cancellation of taxes
shall only be authorized by law. No one is to be partially or fully
exempted from the payment of taxes except as stipulated in the law
and no one shall be subject to taxes, fees or other charges except
by law.
Article (14) The state shall encourage cooperation and savings. It
shall sponsor efforts to establish cooperative projects and
activities of all kinds..
Article (15) The law shall specify the basic rules for the
collection and disbursement of public funds.
Article (16) The executive power is not authorized to contract loans
or guarantee them or associate itself with a project that entails
the spending of public funds in a coming year/years without the
approval of the House of Representatives.
Article (17) The law shall specify the scales of salaries, wages,
compensations, subsidies and bonuses payable from the government
treasury.
Article (18) Contracting concessions regarding natural resources and
public facilities should be undertaken according to the law. The law
may illustrate some cases of limited significance in which
concessions could be granted according to rules and procedures
clarified in the law. The law shall define cases and ways of
granting certain immobile and mobile property, and rules and
procedures to be undertaken. The law shall also regulate the ways of
awarding concessions to local entities/units and the free
disposal/use of public funds.
Article (19) Public funds and properties are inviolable. The state
and all members of society shall maintain and protect them. Any
attack on or misuse of these, shall be considered sabotage and an
aggression on society, and those who violate their sacrosanctity
shall be punished in accordance with the law.
Article (20) General confiscation of property is prohibited; Private
confiscation is not allowed without a legal judgment.
Article (21) The state shall collect the Zakat (Shari'ah tax) and
shall spend it through its legal channels in accordance with the
law.
Article (22) Endowment properties are inviolable. Those who control
them are obliged to improve and develop their resources and spend
them in a way that secures the accomplishment of their objectives
and legal aims.
Article (23) The right of inheritance is guaranteed in accordance
with Islamic tenets (Shari'ah). A special law will be issued
accordingly.
Chapter III: Social and Cultural Foundations
Article (24) The state shall guarantee equal opportunities for all
citizens in the fields of political, economic, social and cultural
activities and shall enact the necessary laws for the realization
thereof.
Article (25) Yemeni society is based on social solidarity, which is
based on justice, freedom and equality according to the law.
Article (26) The family is the basis of society, its pillars are
religion, customs and love of the homeland. The law shall maintain
the integrity of the family and strengthen its ties.
Article (27) The state shall guarantee freedom of scientific
research and achievements in the fields of literature, arts and
culture, which conform with the spirit and objectives of the
Constitution. The state shall provide means conducive to such
achievements and shall provide support and encouragement for
scientific and technical invention, and artistic creation and shall
protect achievements thereof.
Article (28) Public office is a duty and an honour. Persons in
public office are to serve the public interest and the people. The
law shall specify the terms of public service and the duties and
rights of persons in public office.
Article (29) Work is a right, an honour, and a necessity for
society's progress. Every citizen has the right to choose the
appropriate work for himself within the law. No citizen can be
compelled to do any work except within the law, and in which case it
is to serve the common interest and be in return for a fair wage.
The law shall regulate union activities and professional work, and
the relationship between workers and employers.
Article (30) The state shall protect mothers and children, and shall
sponsor the young.
Article (31) Women are the sisters of men. They have rights and
duties, which are guaranteed and assigned by Shari'ah and stipulated
by law.
Article (32) Education, health and social services are the basic
pillars for building and developing the society. Society shall with
the state take part in providing them.
Article (33) In cooperation with society, the state bears
responsibility for consequences resulting from natural disasters and
public crises.
Article (34) It is the duty of the state and all members of society
to protect and maintain the archaeological and historical sites. Any
abuse of the sites or confiscation of archaeological finds shall be
considered sabotage and an assault against society. The law shall
punish those who abuse their inviolability or sell them.
Chapter IV: The National Defence Foundations
Article (35) The state is the authority to establish the armed
forces, the police, the security forces and any such bodies. Such
forces belong to all the people and their function is to protect the
republic and safeguard its territories and security. No
organization, individual, group, political party or organization may
establish forces or paramilitary groups for whatever purpose or
under any name. The law stipulates the conditions for military
service, promotion and disciplinary procedures in the military,
police and security forces.
Article (36) General mobilization shall be organized according to
the law and shall be proclaimed by the President of the Republic
following the approval of the House of Representatives.
Article (37) The National Defense Council, headed by the President
of the Republic, will exist to attend to matters pertaining to means
of safeguarding the Republic and its security. The law shall
determine its composition, duties and other functions.
Article (38) The police is a civilian and formal force which
performs its duties for the service of the people and guarantees
peace and security for the people. It shall preserve the law, keep
public order, protect general behavior, implement the orders of the
judicial authority and execute duties dictated to it by the
Country's laws, and police by-laws.
Article (39) Military, security, police and other forces shall not
be employed in the interest of a party, an individual or group. They
shall be safeguarded against all forms of differentiation resulting
from party affiliation, racism, factionalism, regionalism and
tribalism in order to guarantee their neutrality and the fulfillment
of their duties in the proper manner. The members of all forces are
banned from party memberships and activities according to the law.
PART TWO: THE BASIC RIGHTS AND DUTIES OF CITIZENS
Article (40) Citizens are all equal in rights and duties.
Article (41) Every citizen has the right to participate in the
political, economic, social and cultural life of the country. The
state shall guarantee freedom of thought and expression of opinion
in speech, writing and photography within the limits of the law.
Article (42) The citizen has the right to elect and nominate himself
as a candidate in an election, as well as the right to demonstrate
his opinion in a referendum. The law shall regulate the provisions
regarding the practice of this right.
Article (43) The law shall regulate Yemeni nationality. Any Yemeni
shall not be deprived of his nationality. Once Yemeni nationality is
acquired it may not be withdrawn except in accordance with the law.
Article (44) A Yemeni national may not be extradited to a foreign
authority.
Article (45) Extraditing political refugees is prohibited.
Article (46) Criminal liability is personal. No crime or punishment
shall be undertaken without a provision in the Shari'ah or the law.
The accused is innocent until proven guilty by a final judicial
sentence, and no law may be enacted to put a person to trial for
acts committed retroactively.
Article (47)
The state shall guarantee to its citizens their personal freedom,
preserve their dignity and their security. The law shall define the
cases in which citizens freedom may be restricted. Personal freedom
cannot be restricted without the decision of a competent court of
law.
No individual can be arrested, searched or detained unless caught in
the act (in flagrante delicto) or served with a summons from a judge
or the Public Prosecutor, which is necessary for the progress of an
investigation or the maintenance of security. No person can be put
under surveillance unless in accordance with the law. Any person
whose freedom is restricted in any way must have his dignity
protected. Physical and psychological torture is prohibited. Forcing
confessions during investigations is forbidden. The person whose
freedom is restricted has the right not to answer any questions in
the absence of his lawyer. No person may be imprisoned or detained
in places other than those designated as such and governed by the
law of prisons. Physical punishment and inhumane treatment during
arrest, detention or imprisonment are prohibited.
Any person temporarily apprehended on suspicion of committing a
crime shall be presented in front of a court within a maximum of 24
hours from the time of his detention. The judge or Public Prosecutor
shall inform the detained individual of the reason for his detention
and questioning and shall enable the accused to state his defense
and pleas or reputals. The court then gives an order justifying the
release of the accused or extending his detention. In all cases, the
Prosecutor is not entitled to continue detention of the accused
individual more than seven days except with a judicial order. The
law shall define the maximum period of custody.
Upon arrest, for whatever reasons, a person may immediately contact
someone of his choice. The same notification shall be repeated
whenever a court orders the continuation of the detention. If the
nominated person can not be notified, the detainee's closest
relative or concerned friend shall be notified.
The law shall determine the punishment for whosoever violates any of
the stipulations of this Article and it shall also determine the
appropriate compensation for any harm the person suffers as a result
of such a violation. Physical or psychological torture at the time
of arrest, detention or jail is a crime that cannot be prescribable.
All those who practice, order, or participate in executing, physical
or psychological torture shall be punished.
Article (48) The right to defend oneself in person or by
representation is guaranteed during all periods of investigation and
in front of all courts, in accordance with the rules of the law. The
state shall guarantee judicial assistance to those who cannot afford
it, according to the law.
Article (49) Execution of punishments shall not be undertaken by
illegal means. The law shall organize such matter.
Article (50) Citizens have the right of recourse to the courts to
protect their rights and lawful interests. They also have the right
to submit their complaints, criticisms, and suggestions to the
various government offices directly or indirectly.
Article (51) Residences, places of worship, and educational
institutions have a sanctity which may not be violated through
surveillance or search except in the cases stipulated by the law.
Article (52) The state shall guarantee the freedom and
confidentiality of mail, telephone, telegram and all other means of
communication, none of which may be censored, searched, exposed,
delayed or confiscated except in cases specified by law and
according to a court order.
Article (53) Education is a right for all citizens. The state shall
guarantee education in accordance with the law through building
various schools and cultural and educational institutions. Basic
education is obligatory. The state shall do its best to obliterate
illiteracy and give special care to expanding technical and
vocational education. The state shall give special attention to
young people and protect them against perversions, provide them with
religious, mental and physical education, and the appropriate
environment to develop their aptitude in all fields.
Article (54) Health care is a right for all citizens. the state
shall guarantee this by building various hospitals and health
establishments and expanding their care. The law shall organize the
medical profession, the expansion of free health services and health
education among the citizens.
Article (55) The state shall guarantee social security for all
citizens in cases of illness, disability, unemployment, old age or
the loss of support. The state shall especially guarantee this for
the families of those killed in war according to the law.
Article (56) Freedom of movement from one place to another within
the country is guaranteed for all citizens, and may not be
restricted except by law and for reasons necessitated by the
security and safety of the people. The law shall regulate entry and
exit from Yemen. No citizen may be deported from or denied return to
Yemen.
Article (57) In as much as it is not contrary to the Constitution,
the citizens may organize themselves along political, professional
and union lines. They have the right to form associations in
scientific, cultural, social and national organizations in a way
that serves the goals of the Constitution. The state shall guarantee
these rights, and shall take the necessary measures to enable
citizens to exercise them. The state shall guarantee freedom for the
political, trade, cultural, scientific and social organizations
Article (58) Paying taxes and public dues or charges of public
hardships is a duty according to the law.
Article (59) Defending religion and the homeland is a sacred duty;
military duty is an honour, and national service is to be organized
by law.
Article (60) Preserving national unity, safeguarding secrets of the
state, respecting the laws and following their rules are every
citizen's duty.
PART THREE: ORGANISATION OF THE STATE AUTHORITIES
Chapter I: The Legislative Authority
The House of Representatives
Article (61) The House of Representatives is the legislative
authority of the state. It shall enact laws, sanction general state
policy and the socio-economic plan, and approve government budgets
and final accounts. It shall also direct and monitor the activities
of the Executive Authority as stipulated in this constitution.
Article (62) The House of Representatives consists of 301 members,
who shall be elected in a secret, free and equal vote directly by
the people. The Republic shall be divided into constituencies equal
in number of population with a variation of not more than 5% plus or
minus. Each constituency shall elect a member to the House of
Representatives.
Article (63)
A voter must meet the following two conditions:
must be a Yemeni citizen.
must be at least 18 years old.
A candidate for the House of Representatives must meet the following
conditions:
must be a Yemeni.
must be at least 25 years old.
must be able to read and write (literate).
must be of good character and conduct, fulfill his religious duties
and have no court convictions against him for committing crimes that
contradict the rules of honour and honesty, unless he was pardoned
/reprieved.
Article (64) The term of the House of Representatives is four
calendar years starting from the date of its first session. The
Speaker shall call the voters to elect a new House at least sixty
days before the expiry date of the existing House. If in
extraordinary circumstances, elections cannot be held, the existing
House continues to function until such circumstances are overcome
and elections can be held.
Article (65) The House of Representatives is to be located in
Sana'a, the capital. Internal regulations determine the conditions
under which the House may hold meetings outside the capital city.
Article (66) The House of Representatives issues its internal
regulations, stipulating the procedures of its working committees,
its prerogatives and constitutional powers. Such regulations,
enacted and amended by law, may not contradict or amend any clause
in the Constitution.
Article (67) The House shall be competent to determine the
legitimacy of its membership. Any appeal shall be submitted to the
Supreme Court within 15 days of its delivery to the House. The
Court's findings and verdict must be submitted to the House, which
will judge the validity of the appeal within 60 days of receiving
the verdict of the court. Membership of the House may not be
nullified except by a resolution taken by two thirds of the House.
The investigation must be completed within 90 days from the date of
the submission of the appeal to the Supreme Court.
Article (68) The House of Representatives alone shall have the
exclusive right to maintain order and security within the premises
of the House. The Speaker of the House shall take charge of such
responsibility through a special guard force under his command. No
other armed force may enter the House premises or take positions
near its entrances except at the request of the Speaker.
Article (69) The House of Representatives shall, on an invitation
from the President of the Republic, hold its first meeting no later
than two weeks after the announcement of the results of the
elections. If no such invitation is made, the House shall meet on
the morning following the date of expiration of the said two weeks.
Article (70) At its first meeting, the House of Representatives
shall elect from among its members, a chairman and three Deputies to
form the Presiding Board of the House. The oldest member shall chair
the House during the election of the Speaker and the House's
internal regulations shall specify all the procedures for electing
the Presiding Board of the House, its duration and its other
functions. The House shall include a General Secretariat, presided
over by a Secretary General, the internal regulations of the House
shall specify the rules that relate to its formation and other rules
connected to it.
Article (71) For the meetings of the House of Representatives to be
valid, it is necessary for more than half of its members to attend,
excluding those whose seats were declared vacant. Decisions shall be
taken by an absolute majority of the attending members except in
cases where the Constitution or House regulations demand a specific
majority. If the results of voting are equally divided, further
deliberations must be rejected within the same session, but shall be
given priority if submitted in another session.
Article (72) Meetings of the House of Representatives shall be open
to the public but the House may hold closed meetings at the request
of the Speaker, the President, the Government, or at the request of
at least twenty members of the House. The House shall then decide
whether the discussion of the subject should be conducted openly or
in closed meetings.
Article (73) The House shall annually hold two ordinary sessions. It
may be called to hold extraordinary sessions. The internal
regulations of the House shall specify the dates of the ordinary
sessions and their duration. In times of necessity, the House may
call for extraordinary sessions by Presidential decree, a decision
by the Presiding Board of the House, or a written request from one
third of the members. The House session shall not be adjourned
during the last quarter of the year before the endorsement of the
General Budget of the state.
Article (74) A member of the House of Representatives represents the
whole nation, guards the public interest and his representation may
not be subjected to any restriction or special condition.
Article (75) A member of the House of Representatives shall, prior
to his assumption of membership duties, swear the Constitutional
oath before the House in an open session.
Article (76) The Speaker and members of the House of
Representatives, the Presidency Board and other members of the House
shall receive a fair remuneration specified by law. The Chairman of
the Councilor Ministers, his deputies and ministers shall not be
entitled to such remuneration if they happen to be members of the
House of Representatives.
Article (77) If a seat of a member of the House of Representatives
becomes vacant for more than a year before the expiry of the House's
tenure, a replacement shall be elected within sixty days of the
House's declaration of the vacancy and this membership ends when the
existing House duration comes to an end.
Article (78) A member of the House of Representatives shall not
interfere with the work of the Executive or the Judicial
authorities. Article (79) Membership of the House of Representative
may not be combined with membership of a local council or with any
public employment. Membership of the Council of Ministers may concur
with membership of the House of Representatives.
Article (80) A member of the House of Representatives shall not be
held responsible for facts he comes across or matters he raises in
the House or any of its committees, or for his voting pattern in
open or closed meetings. This does not apply to cases of slander or
defamation by members.
Article (81) A member of the House of Representatives may not be
subject to procedures of investigation, inspection, arrest,
imprisonment, or punishment except with the permission of the House
of Representatives save in the case his being caught in the act, and
in such a case, the House shall be notified forthwith. The House
shall make sure of the rectitude of the procedures followed in such
cases. If the House is in recess, permission shall be sought from
the Presidency Board of the House, and the House of Representatives
shall be notified at the first meeting following the procedures
taken.
Article (82) Members of the House of Representatives submit their
resignations to the House, which has the exclusive right to accept
them.
Article (83) The membership of a member of the House of
Representatives may not be nullified unless any of the membership
conditions stipulated in this Constitution cease to apply, or if the
member commits a grave violation of the membership duties according
to the specifications of the internal regulations of the House.
Article (84) A member of the House of Representatives and the
government have the right to propose bills for laws, and their
amendments. In the case of financial laws that aim at increasing or
abolishing an existing tax, or decrease or give exemption from part
of it, or aim at allocating part of the state funds for a certain
project, these may only be proposed by the government or by at least
20% of the representatives. All the proposed laws presented by a
member or additional members of the House shall not be referred to
one of the committees of the House before being studied by a special
committee which will determine whether the proposal meets the
requirements for action by the House. If the House decides to
discuss any of these it can be transferred to the committee
responsible for examining and reporting thereon. Any proposed law
submitted by others than the government may not be submitted again
during the same session.
Article (85) Within a maximum of twenty-five days of the Formation
of the new government, the Chairman of the Council of Ministers
shall present his governments programme to the House of
Representatives in order to win a vote of confidence by the majority
of the members of the House. If the House of Representatives is in
recess, it is to be recalled for an extraordinary session. The
members of the House and the House as a whole has the right to
comment on the government's program. The failure of the government
to win the required majority is to be considered a with-holding of
confidence.
Article (86) The House of Representatives shall approve
comprehensive social and economic development plans. A law shall be
enacted to stipulate the process of the preparation of such plans,
their submission to the House and the approval thereof.
Article (87)
The proposed general budget shall be submitted to the House of
Representatives at least two months before the beginning of the
fiscal year. A vote shall be taken on each part of the budget. It
shall be enacted by a law. The House may not change the proposed
budget without the approval of the government. No allocation of
revenue for a specific purpose may be authorized except by a law. If
the budget law is not enacted before the beginning of the fiscal
year, the previous year's budget shall be followed until the new
budget is approved.
The law shall specify the way to prepare and categorize the general
budget as well as specifying the fiscal year.
Article (88) The transfer of any amount from one section to another
of the general budget must be approved by the House of
Representatives. Every expenditure not provided for in the budget or
any additional revenue shall only be authorized by law.
Article (89) The law shall specify the rules of the budgets of
public authorities, corporations and companies, their accounts, the
autonomous and supplementary budgets, and their final accounts. With
he exception of the above, these budgets shall be subject.
Article (90) The final accounts of the Government's annual budget
shall be submitted to the House within a period that does not exceed
nine months from the end of the fiscal year. Voting on the Bill
shall be made on a section by section basis and shall be approved by
an enactment of law. Also the annual report of the organization
concerned with the auditing and control of government accounts shall
be submitted to the House, together with its comments thereon. The
House of Representatives has the right to ask the Organization to
submit any supplementary documents or reports.
Article (91) The House of Representatives shall ratify international
political and economic treaties and conventions of a general nature,
of whatsoever form or level, and in particular those connected to
defense, alliance, truce, peace or border alterations, and those,
which involve financial commitments on the slate or for which their
execution needs the enactment of a law.
Article (92) The House of Representatives has the right to present
instructions and recommendations to the government regarding general
issues. If the government failed to execute these instructions and
recommendations it has to justify such action to the House.
Article (93) At least twenty per cent of the members of the House
may move a motion to discuss a public issue, request explanation of
government policies and exchange views concerning that issue.
Article (94) Upon a request signed by at least ten of its members,
the House of Representatives may create a special committee or
instruct one of its committees to investigate any issue which is
contrary to public interest or to investigate the actions of any
ministry, government agency, board, public/mixed corporation, or
local councils. To carry out such investigations, the committee may
gather proof and hold hearings by seeking testimony from any
party/person it deems necessary. All executive and special
authorities shall comply by laying all information or documentation
they possess at the disposal of the relevant committee.
Article (95) The responsibility of the Council of Ministers is both
collective and individual. Every member of the House of
Representatives may pose questions to the Prime Minister, any of his
deputies, ministers or deputy ministers on any matter falling within
their responsibilities and they are under obligation to provide
answers accordingly. The questioning may not be converted into an
interpolation during the same sitting.
Article (96) Every member of the House has the right to direct an
interpolation to the Prime Minister, his deputies and ministers to
hold them accountable for matters under their charge. Responses to
and discussions of such interpolations shall take place after at
least one week, except in cases which the House deems urgent, and to
which the government agrees.
Article (97) The House of Representatives may withdraw confidence
from the government. The House may not withdraw confidence from the
government before an interpolation directed at the Prime Minister or
he who is acting on his behalf. The request for interpolation must
by signed by a third of the members of the House. The House cannot
vote on the issue of no-confidence in the government without seven
days' notification of such a vote. A majority is necessary to pass a
vote of no-confidence.
Article (98) The Prime Minister, his deputies, ministers, and their
deputies are given the floor whenever they ask to clarify any points
in the deliberations of the House of Representatives. They may also
bring along any senior officials to assist in such deliberations.
However, such representatives of governments may not participate in
the votes of the House unless they are members thereof. The
government or any of its members must comply with the request of the
House of Representatives to attend any of its meetings.
Article (99) Voting on bills is done on an Article by Article basis.
The final vote must be on the bill as a whole. The internal
regulations of the House explain the procedures in this respect.
Article (100) The President of the Republic may not dissolve the
House of Representatives except in urgent circumstances and only
after a nation-wide referendum on the reasons for the dissolution.
The President of the Republic shall issue a decree that suspends the
sessions of the House and calls for the referendum within thirty
days. If an absolute majority of the voters are in favour of the
dissolution, the President shall issue a decree of dissolution. The
decree shall simultaneously call voters to elect a new House of
Representatives within a date that does not exceed sixty days from
the date of the announcement of the results of the referendum. If
the dissolution decree does not include the above-mentioned call, or
elections did not take-place, the dissolution is considered void and
null and the House shall meet by under the power of the
Constitution. The House shall also meet under the power of the
Constitution if a referendum does not take place within thirty days
or does not gain the required majority. If elections are held, the
new House must hold its first session within ten days following the
completion of elections. If the House is not called to meet, it must
hold its first session by the end of the said ten days in accordance
with the rules of the Constitution. Once the House of
Representatives is dissolved, the new House of Representatives may
not be dissolved again for the same reason. In all cases, the House
of Representatives may not be dissolved in its first session.
Article (101) The President of the Republic has the right to request
a review of any bill which is approved by the House. Based on a
reasoned decision, he must then return the bill to the House of
Representatives within thirty days of its submission. If he does not
return the bill to the House within this period, or if the requested
review is not heeded the Bill is then approved once again by the
majority of the House, it shall be considered a law, and the
President shall issue it within two weeks. If the President does not
issue the law, it comes into effect under the power of the
Constitution, and is, at once, published in the Official Gazette and
come into operation two weeks later.
Article (102) All laws are published in the official gazette, and
are announced within two weeks of issuance, and shall come into
force within thirty days of their publication. This period may be
shortened or extended by specific provision in the law.
Article (103) Laws shall only apply to cases occurring after they
become operative. No laws may be applied in a retroactive manner.
However, in matters other than taxes and penal measures, specific
stipulations in the law may determine otherwise. In such case, the
approval of two thirds majority is needed in the House of
Representatives.
Chapter II: The Executive Authority
Article (104) Executive authority shall be exercised, on behalf of
the people, by the President of the Republic and the Council of
Ministers within the limits stated in the Constitution.
The First Branch: The Presidency of the Republic
Article (105)
The President of the Republic is the President of the state and
shall be elected according to the Constitution.
The President shall have a Vice President to be appointed by the
President. The rules of Articles 106, 116, 117 and 126 shall be
applied to the Vice President.
Article (106) Every Yemeni who meets the following specified
conditions may become a candidate for the post of the President of
the Republic:
To be at least forty years old.
To be a descendant of Yemeni parents.
To be at liberty to practise his political and civil rights.
To be of good character, practise his Islamic duties and have no
dishonorable criminal record and if so, he has been reprieved.
Not to be married to a foreign spouse or to enter into such a
marriage during his term of office.
Article (107) Nomination and election of the President shall be as
follows:
Election of the President of the Republic shall be by the people and
in a competitive elections.
Proposals must be submitted to the Speaker of the House of
Representatives.
Candidatures must be studied by the Presiding Board of the House of
Representatives to ensure that the candidates meet the
constitutional conditions.
Names of candidates who meet the conditions shall be presented to
the House for approval.
A candidate who wins the recommendation of 10% of the members is
considered a candidate for the post of the President of the
Republic.
The House of Representatives is bound to recommend at least two
persons for the post of the President of the Republic before
submitting the candidates to the people in competitive elections.
The person who wins an absolute majority of those who participated
in the elections is considered the President of the Republic. If
none of the candidates win this majority, elections shall be
repeated according to the above procedures for the two candidates
who got the highest number of votes.
Article (108) The President of the Republic must perform. the
constitutional oath in front of the House of Representatives before
assuming his responsibilities.
Article (109) The President of the Republic shall materialize the
will of the people, respect the Constitution and Law, protect
national unity and the principles and objectives of the revolution.
He shall adhere to the principle of a peaceful transition of power,
supervise the sovereign tasks concerning the defence of the Republic
and foreign policy, and exercise his authority according to the
Constitution.
Article (110) The President of the Republic is the Supreme Commander
of the Armed Forces.
Article (111) The term of the President of the Republic is five
calendar years from the date of performing the constitutional oath.
No person may assume the post of President of the Republic for more
than two five-year terms, in accordance with the previous rules of
the Articles of this section.
Article (112) If the term of the House of Representatives expires in
the same month as the term of the President of the Republic, then
the Presidential term is prolonged until Parliamentary elections are
held. Within sixty days of the first meeting of the new House of
Representatives, the new President shall be elected.
Article (113) Within ninety days prior to the expiry of the term of
the President, procedures must be initiated to elect the new
President. The election thereof must be completed at least one week
before the expiry date. If such elections cannot take place for any
reason, the old President continues his functions for a maximum of
ninety days based on an authorization from the House of
Representatives. The prolongation of the term for more than ninety
days can only take place if the country is in a state of war, or
suffering a natural disaster or another emergency situation, under
which electing the President becomes impossible.
Article (114) The President may submit his resignation, stating his
reasons, to the House of Representatives which may accept it by an
absolute majority vote of all his members. If the resignation is not
accepted, the President may submit a further resignation within
three months, and this time the House of Representatives is obliged
to accept it.
Article (115) If the post of the President of the Republic becomes
vacant or should the President become permanently disabled, the Vice
President temporarily takes over the presidential functions for a
period that does not exceed sixty days, during which new elections
for the President of the Republic shall take place. If the posts of
the President of the Republic and Vice President become vacant at
the same time, the Presiding Board of the House shall temporarily
take over the functions of the President. If the House of
Representatives is under dissolution, the government shall replace
the Presiding Board of the House in carrying out the functions of
the Presidency, and in this case election of the President of the
Republic shall take place within a period that does not exceed sixty
days from the first session of the new House of Representatives.
Article (116) The law determines the salaries and appropriations of
the President of the Republic, and he is not entitled to any other
emolument or remuneration.
Article (117) The President of the Republic may not during his term,
directly or indirectly, engage in any private business of any kind
whether commercial, financial, or industrial. He is not allowed to
buy or rent government property, not even through an open auction
and he is not allowed to lease, sell, or barter any of his property
to the state.
Article (118) The responsibilities of the President of the Republic
are as follows:
To represent the Republic internally and externally.
To call the voters, at the specified time, to elect the House of
Representatives.
To call for national referenda.
To name the person who will form the government, and to issue a
republican decree with the names of the cabinet members.
To lay down the general policy of the state jointly implementation
as stipulated in the Constitution.
To call the cabinet to a joint meeting with the President, as the
need arises.
To name the members of the National Defense Council according to the
Law.
To promulgate the laws passed by the House of Representatives and
their publication, and to issue the decrees that execute them.
To appoint and dismiss senior government officials and
military/police officers according to the law.
To establish military ranks according to the Law.
To award badges, medals and decorations stipulated by Law, or to
permit the wearing of badges and honours awarded by other states.
To issue decrees endorsing Treaties and Conventions approved by the
House of Representatives.
To ratify agreements that do not require the approval of the House
of Representatives if approved by the Cabinet.
To establish diplomatic delegations abroad and to appoint and recall
ambassadors according to the law.
To accredit diplomatic representatives of foreign countries and
organizations in Yemen.
To grant political asylum.
To proclaim states of emergency and general mobilization according
to the Law.
Any other functions stipulated in the Constitution and Law.
Article (119) If, while the House of Representatives is in recess or
under dissolution, urgent decisions are required, then the President
of the Republic can issue decrees which have the power of law,
provided such decrees do not contradict the Constitution or the
budgetary estimates. Such decrees have to be presented to the first
meeting of the House of Representatives If they are not presented,
the House may discuss them and take appropriate decisions thereon.
If the House of Representatives rejects those decrees, they become
null and void from the date the House decides and the House of
Representatives determines how the consequences are to be settled.
Article (120) The President of the Republic, following a proposal by
the relevant minister and approval from the Council of Ministers,
shall issue resolutions and regulations to implement laws and to
regulate and organize general administration and government
departments. These regulations may not obstruct any Law and may not
have the effect of exempting any one from abiding by them. The
President may authorize others to issue such regulations. The law
may designate who issues such regulations.
Article (121) The President declares a state of emergency by a
republican decree according to the law. The House of Representatives
shall be called to session within one week and be presented with the
declaration of emergency. If the House of Representatives is
dissolved, then the old House of Representatives is called to
session by the Constitution. If the House is not called to session,
or the declaration of the state of emergency has not been presented
to it, then the state of emergency shall cease to exist according to
the Constitution. In all cases, a state of emergency is only
declared in circumstances of war, internal discord, or natural
disasters. Declaring the state of emergency shall only be for a
limited time, and may not be extended, except with the approval of
the House of Representatives.
Article (122) The President of the Republic has the right to demand
reports from the Prime Minister concerning the implementation of the
duties of the Council of Ministers.
Article (123) A Death sentence shall not be executed unless endorsed
by the President of the Republic.
Article (124) The Vice President assists the President in his
duties. The President may delegate some functions of his to the Vice
President.
Article (125) A decree by the President of the Republic shall form a
Consultative Council from experienced and qualified specialists in
order to expand the base of participation through consultation and
to make use of national expertise and qualifications available in
different areas of Yemen. The law shall clarify the special rules
that concern the Council.
Article (126) The President of the Republic may be charged with
grand treason, violation of the Constitution, or any other action
that prejudices the independence and sovereignty of the country.
Such a charge requires the petitioning of half of the House of
Representatives. The indictment decision on this matter requires the
support of two thirds of the House of Representatives and the law
stipulates the procedures of the trial. If the charge is directed at
the President and his deputy, then the Presidency Board of the House
of Representatives temporarily assumes the duties of the President
and until the giving of the court's verdict on the charges brought
against the President. The House of Representatives shall pass the
above mentioned law in the first regular round of its sessions once
this Constitution takes effect. If the court's verdict finds either
of the two guilty, then he is relieved of his post by the
Constitution, and is then subject to the normal penalties of the
law. In all cases, Prescription shall not be applied to crimes
stipulated in this article.
The Second Branch: The Council of Ministers
Article (127) The Council of Ministers is the government of the
Republic of Yemen, and it is the highest executive and
administrative authority of the state. All state administrative
organizations, agencies, corporations, without exception, are under
the directives of the Council of Ministers.
Article (128) The government is composed of the Prime Minister and
his deputies and Ministers who together shall form the Council of
Ministers. The law defines the general basis for organizing
ministries and the various authorities/agencies of the state.
Article (129) The Prime Minister, his deputies and the Ministers
shall meet the same conditions as must be met by a member of the
House of Representatives, in addition, his age must not be less than
thirty years, excepting the Prime Minister who must not be less than
forty years old.
Article (130) In consultation with the President of the Republic,
the Prime Minister chooses the members of his cabinet, and seeks the
confidence of the House of Representatives on the basis of a program
he submits to the House.
Article (131) The Prime Minister and the ministers are collectively
responsible for the actions of the government before the President
of the Republic and the House of Representatives.
Article (132) Before the Prime Minister and the ministers can assume
their responsibilities, they shall perform the constitutional oath
before the President of the Republic.
Article (133) The law stipulates the salaries of the Prime Minister,
his deputies, the ministers and vice-ministers.
Article (134) During their term of office, the Prime Minister and
Ministers may not engage in any other public office, or in any
private, commercial, financial or industrial activities, even if
indirectly. They may not participate in any undertakings the
government (or any of its corporations) contracts, and they may not
combine the posts of minister with membership of the board of
directors of any company. During their term, they may not purchase,
rent or barter government property, even through an open bid. They
may not lease, sell, or barter any of their property to the
government.
Article (135) The Council of Ministers is responsible for the
execution of overall state policies in the political, economic,
social, cultural, and defense fields, according to the laws and
regulations. In particular, it shall exercise the following:
To participate, in conjugation with the President of the Republic,
in preparing broad outlines of internal and external policies.
To prepare drafts of the national economic plan, and the annual
budget, to organize and execute them, and to prepare the
government's final statement of accounts.
To prepare drafts of laws and resolutions and present them to the
House of Representatives or the President of the Republic according
to the jurisdiction of each.
To approve Treaties and Conventions before presenting them to the
House of Representatives or the President of the Republic according
to the responsibilities of each.
To take the necessary measures to guard the internal and external
security of the state, and to protect the rights of citizens.
To guide, coordinate and review the activities of the ministries,
the administrative apparatus, corporations and boards and the public
and mixed sectors according to the law.
To appoint and dismiss senior government officials according to the
law, and to set and execute the policies that technically intend to
develop manpower in government organizations, and to train/qualify
personnel according to the needs of the country within the framework
of the economic plan.
To follow up the execution of laws, and to protect state funds.
To supervise the organization and administration of the monetary,
credit and insurance systems.
To contract and award loans within the overall policies of the
state, and within the limits of the provisions of the Constitution.
Article (136) The Prime Minister shall manage the affairs of the
Council of Ministers and shall head its meetings. He shall represent
the Council in the implementation of the state's general policies
and shall supervise the execution of Council decisions and overall
state policies in a unified and coordinated manner. He may demand
from any members of the cabinet, reports on any matter pertaining to
their ministries and the duties assigned to them, and they must
comply with such demands.
Article (137)
The President of the Republic and the House of Representatives has
the right to place the Prime Minister, or his deputies or ministers
under investigation and trial for any crimes committed by them in
discharging their duties or as a consequence thereof. A decision of
the House of Representatives to take such a measure shall be based
on a proposal presented by at least fifth of its members. The
accusation may not be issued without the support of two thirds of
the House.
Those accused according to paragraph 1 mentioned-above shall be
suspended from work until judgment is passed. Their dismissal may
not stop the charge against him or the course of the charge.
The investigation and trial of the Chairman of the Council of
Ministers, his deputies and ministers and the trial procedures and
guarantees [of fairness] shall be as stipulated by law.
The rules of the previous items are applicable to Vice ministers.
Article (138) If the Council of Ministers resigns, or is dismissed,
or confidence is withdrawn, it remains as a caretaker government
responsible for day to day administration until a new government is
formed. A caretaker government may not appoint or dismiss officials.
Article (139) The Prime Minister, if it becomes clear that his
cooperation with one of the members of the cabinet has become
impossible, may request from the President the dismissal of the said
member.
Article (140) If the Prime Minister becomes unable to carry out his
responsibilities, or if the House of Representatives bars!
withholds! withdraws confidence from the Council of Ministers, or a
general election for the House of Representatives is undertaken, the
Prime Minister is obliged to tender the resignation of his
government to the President of the Republic.
Article (141) If the majority of the members of the Council of
Ministers submit their resignations, the Prime Minister has to
tender the resignation of the whole government.
Article (142) Each minister is in charge of the supervision and
direction of his ministry and its branches throughout the Republic.
He is responsible for the execution of the government's overall
policies in his ministry. The law specifies the resolutions and
regulations that the Minister may issue to implement the laws.
The Third Branch: Bodies of Local Authority
Article (143) The territory of the Republic of Yemen is divided into
administrative Units. The law shall identify their number, borders,
divisions and the objective criteria for the administrative
divisions. Also the law shall show the way for nominating, electing
and selecting their chairpersons, and shall specify their functions
and duties within their areas.
Article (144) The administrative districts enjoy a nominal
personality and shall have councils which must be freely and fairly
elected, both at the local and governorate level, which shall
exercise their functions within the borders of the administrative
area. They shall propose programmers, plans and investment budgets
for the administrative district as well as supervise, monitor and
audit the agencies of the local authority according to law. The law
shall specify the means for nomination and election of the local
authority, its administration and financial resources, the rights
and duties of its members, its role in the execution of development
plans and programmes and all other rules, through considering the
adoption of the principle of administrative and financial
decentralization as the foundation of local administration system.
Article (145) All the administrative units and the local councils
are an inseparable part of the power of the state. The governors
shall be responsible before the President of the Republic and the
Council of Ministers, whose decisions are obligatory to the
districts and councils which must execute them in all cases. The law
defines the methods of control over the actions of the local
councils.
Article (146) The state shall encourage and sponsor the local
cooperative administrations as they are one of the most important
means of local development.
Chapter III: The Judicial Authority
Article (147) The Judiciary authority is an autonomous authority in
its judicial, financial and administrative aspects and the General
Prosecution is one of its sub-bodies. The courts shall judge all
disputes and crimes. The judges are independent and not subject to
any authority, except the law. No other body may interfere in any
way in the affairs and procedures of justice. Such interference
shall be considered a crime that must be punished by law. A charge
regarding such interference cannot be nullified with the passing of
time.
Article (148) The judiciary is an integrated system. The law
organizes this system in terms of ranks, responsibilities, the terms
and procedures of appointment, transfer and promotion of judges, and
their other privileges and guarantees. Exceptional courts may not be
established under any conditions.
Article (149) Members of the judiciary and public Prosecution office
shall not be dismissed except under the conditions stipulated by the
law. They may not be transferred to non-judicial posts except with
their own consent, the approval of the relevant judicial council,
unless that was taken as a disciplinary measure. The law shall
regulate the disciplinary trial of the judiciary and it organizes
legal profession/practice.
Article (150) The judiciary shall set up the Supreme Judicial
Council. The law shall organize it, clarify its functions and system
of nominating and appointing its members. The Supreme Judiciary
Council shall execute these guarantees for the judiciary in the
fields of appointment, promotion, discharge and dismissal according
to the law. The Council shall study and approve the judicial budget
in preparation for inserting it as one item within the overall
budget of the state.
Article (151) The Supreme Court of the Republic is the highest
judicial authority. The law shall specify how it can be formed,
clarify its functions and the procedures to be followed before it.
It shall undertake to do the following:
Judge cases and pleas that laws, regulations, bylaws and decisions
are not constitutional.
Judge disputes over conflict of jurisdiction.
Investigate and give opinions regarding appeals referred by the
House of Representatives which relate to its membership.
Rule on appeals of final judgments in civilian, commercial,
criminal, personal and administrative disputes and disciplinary
cases according to the law.
To try the President of the Republic, the Vice-President, the Prime
Minister, his deputies, the ministers and their deputies according
to the law.
Article (152) Court sittings are open to the public unless a court
determines, for reasons of security or general morals, to hold
sessions behind closed doors. In all cases, verdicts are announced
in an open session.
PART FOUR: THE EMBLEM, FLAG AND NATIONAL ANTHEM OF THE REPUBLIC
Article (153) The law stipulates the Republic's insignia, emblems,
badges, and national anthem.
Article (154) The national flag is composed of three colors. These
are, starting from the top: Red, white, black.
Article (155) The city of Sana'a is the capital of the Republic of
Yemen.
PART FIVE: BASIS FOR AMENDING THE CONSTITUTION AND GENERAL
PROVISIONS
Article (156) The President of the Republic and the House of
Representatives have the right to request an amend one or more
articles of the Constitution. The request must mention the articles
that require amendment, the reasons and justification for this
amendment. If the request was issued by the House of Representatives
it must be signed by a third of its members, and in all cases, the
House shall discuss the principle of amendment and take a decision
only with a majority of its members. If the request is rejected,
another request for the amendment of the same articles may not be
submitted until the lapse of one year. If the House of
Representatives agrees to the principle of the amendment, the House
shall discuss the articles which require amendment after a break of
two months. If three quarters of the House agree on the amendment,
it shall be presented to the people in a general referendum. If the
absolute majority of those who vote are in favour of the amendment,
the amendment is considered valid as of the date of announcing the
results of the referendum.
Article (157) A supreme, independent and neutral committee shall
administer, supervise and monitor the general elections and general
referenda. The law shall specify the number of the members of the
committee, the conditions they should meet under and the method for
nominating and appointing them. The law also shall specify the
jurisdictions and the functions of the committee in a manner that
secures the best fulfillment of its functions.
Article (158) The President of the Republic shall be elected for the
first time following the approval of constitutional amendment by the
House of Representatives. Nomination for the post of the President
of the Republic must be by a quarter of the members of the House of
Representatives. The one who wins the majority of the members of the
House of Representatives is considered the President of the
Republic.
Article (159) The text of the constitutional oath to be sworn by the
President of the Republic, his deputy, members of the House of
Representatives, Chairman and members of the government, shall be as
follows:
I swear by Allah Almighty the Great to adhere to Qur'an (the Book of
God) and his Prophet's Sunnah (Traditions) to faithfully safeguard
the Republican system, to respect the Constitution and law, to fully
take care of the interests a and freedoms of the people, to preserve
the unity of the homeland, its independence and the integrity of its
territories.
Last revised on 23 August, 2000
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