Decision on the President of the Republic No. (27) of 2014 forming the Constitutional Drafting Committee

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Country/entity: Yemen
Region: Middle East and North Africa
Agreement name: Decision on the President of the Republic No. (27) of 2014 forming the Constitutional Drafting Committee
Date: 8 Mar 2014
Agreement status: Unilateral document
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: Implementation/renegotiation
Conflict nature: Government
Peace process: Yemen peace process
Parties: President Abd Rabbu Mansour Hadi, Yemen.
Third parties: -
Description: A presidential decree forming the Constitutional Drafting Committee inline with the goals of the Gulf Cooperation Council Initiative of November 2011. States the names of the selected members of the council.

Agreement document: YE_140308_Presidential Decree (27) on Constitutional Drafting Committee.pdf (opens in new tab) | Download PDF
Agreement document (original language): YE_140308_ Presidential Decree (27) on Constitutional Drafting Committee_AR.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: No specific mention.
Refugees/displaced persons: No specific mention.
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: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, ... And the Decision of the President of the Republic No. (26) of 2014 on the determination of the work of the Constitutional Drafting Mechanism, ...

Page 1, //Decision//
Subject (1); the Constitutional Drafting Committee will constitute the following names:
1. Ismā’īl Āhmad al-Wazīr
2. Dr Ja’far ‘Abd Āllah Shūtah
3. Dr Ālfat Muhammad ‘Abd al-Walī al-Duba’ī
4. Dr Āhmad Zayn ‘Atiyyah
5. Dr ‘Abd al-Rashīd ‘Abd al-Hāfiz ‘Abd al-Wāsi’
6. Judge Najīb ‘Abd al-Rahman Shamīrī
7. Dr ‘Abbās Muhammad Muhammad Zayyid
8. Dr ‘Abd al-Rahman Āhmad Hussayn al-
Mukhtār
9. Dr Muhammad Mūsā al-‘Āmarī
10. Marwān ‘Abd Āllah ‘Abd al-Wahāb N’amān 11. Āllah ‘Umar Bāmataraf
12. Dr Antalāq Muhammad ‘Abd al-Malik al-
Mutawakil
13. Dr Nahāl Nājī ‘Alī al-‘Ūlqī
14. Dr Ma’īn ‘Abd al-Malik Sa’īd
15. Ja’far Sa’īd Sālim Bāsālih
16. Dr Sa’īd Barīk Mubārak al-Sukutī
17. Randā Muhammad Sālim ‘Alī ‘Abduh

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: No specific mention.
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: No specific mention.
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: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: [Summary] Decree mentions the National Dialogue Conference on several occasions.

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: No specific mention.
Related cases: No specific mention.
Source: Sourced from www.dustour.com in October 2015, link since removed.

Decision of the President of the Republic No. (

27) of 2014 forming the Constitutional Drafting Committee

President of the Republic,

After the Inspection of the Constitution of the Republic of Yemen,

And the Gulf Cooperation Council initiative and executive mechanism signed on 23/11/2011,