Agreement Establishing a Union between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen

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Country/entity: Yemen
Region: Middle East and North Africa
Agreement name: Agreement Establishing a Union between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen
Date: 22 Apr 1990
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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: Framework/substantive - partial
Conflict nature: Territory
Peace process: Yemen unification process
Parties: Colonel Ali Abdallah Saleh, President of the Republic Commander-in-Chief of the Armed Forces, Secretary-General of the General People's Congress.

Ali Salem A1-Beidh, Secretary-General of the Central Committee of the Yemeni Socialist Party
Third parties: -
Description: This is a short agreement providing for unification of the Yemen Arab Republic and the People's Democratic Republic of Yemen, to become "the Republic of Yemen." It establishes an interim Presidential Council to form the government of the Republic of Yemen, and to undertake functions authorized by the Constitution.

Agreement document: YE_900422_AgreementEstablishingUnionYemen.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: Page 1, Article 1
...
The Republic of Yemen shall have one legislative, executive and judicial power.
Self determination: No specific mention.
Referendum: Page 2, Article 7
...
At the same meeting, the Presidential Council shall issue a decree convening the House of Representatives in order decide upon the following items:
...
c) calling upon the Presidential Council to submit the Constitution to a general, popular referendum before the thirtieth of November 1990.
State symbols: Page 2, Article 7
...
The Presidential Council is empowered to issue, at its first meeting, decrees which shall have the force of law regarding the emblem, flag and national anthem of the Republic.
Independence/secession: No specific mention.
Accession/unification: Page 1, Article 1.
...
On the 26th of May 1990...there shall be established between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen (both parts of the Yemeni Homeland) a full and complete union, based on a merger, in which the international personality of each of them shall be integrated in a single international person called "the Republic of Yemen."
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→Temporary new institutions
Page 1, Article 2
...
After the entry into force of this Agreement, a five-member Presidential Council of the Republic of Yemen shall be established for the interim period.

Page 1, Article 3
...
A thirty-month interim period shall begin on the date of the entry into force of this Agreement. During this period, the full membership of the Shura Council and of the Supreme People's Council shall constitute the House of Representatives; in addition, 31 representatives shall be appointed by a decree from the Presidential Council.
...
The House of Representatives shall exercise all the powers provided for in the Constitution; however, it shall have no power to elect a Presidential Council or to amend the Constitution.

Page 1, Article 4
At its first meeting, the Presidential Council shall issue a decree establishing an Advisory Council of 45 members. The Council's functions shall be defined in the same decree.

Page 1, Article 5
The Presidential Council shall form the Government of the Republic of Yemen which shall undertake all the functions authorized by the Constitution.
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 2, Article 8
This Agreement shall enter into force upon its ratification, together with the draft Constitution of the Republic of Yemen, by the Shura Council and the People's Council.

Page 2, Article 9
...
Upon ratification, the provisions of the Constitution of the Republic of Yemen shall be deemed in force during the interim period, in accordance with the previous Article and subject to the other provisions of this Agreement.

Page 2, Article 10
The Constitutions of both previous Yemeni States shall be deemed abrogated upon ratification of this Agreement and of the Constitution of the Republic of Yemen by the Shura Council and the People's Council.

Power sharing

Political power sharing: Power sharing→Political power sharing→General
State level
Article 1: On the 26th of May 1990 (corresponding to the first of Dhi'l-Qa'da of the Hegira year 1410), there shall be established between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen (both parts of the Yemeni Homeland) a full and complete union, based on a merger, in which the international personality of each of them shall be integrated in a single international person called "the Republic of Yemen." The Republic of Yemen shall have one legislative, executive and judicial power.

Page 1, Article 2
...
After the entry into force of this Agreement, a five-member Presidential Council of the Republic of Yemen shall be established for the interim period. At their first meeting, the members of the Council shall elect a President and a Vice-President for the duration of the term of the Council. The members of the Presidential Council shall be elected at a joint session of the Offices of the Presidency of the Supreme People's Council and the Shura Council.
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: Page 2, Article 6
At its first meeting, the Presidential Council shall entrust a technical team to prepare a framework for reconsidering the administrative division of the Republic of Yemen so as to reinforce the Yemeni unity and eliminate the effects of partition.

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: UN Peacemaker
http://peacemaker.un.org/
http://peacemaker.un.org/yemen-agrement-union90

Agreement Establishing a Union between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen

San'a, 22 April 1990

Article 1:

On the 26th of May 1990 (corresponding to the first of Dhi'l-Qa'da of the Hegira year 1410), there shall be established between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen (both parts of the Yemeni Homeland) a full and complete union, based on a merger, in which the international personality of each of them shall be integrated in a single international person called "the Republic of Yemen."

The Republic of Yemen shall have one legislative, executive and judicial power.

Article 2:

After the entry into force of this Agreement, a five-member Presidential Council of the Republic of Yemen shall be established for the interim period.

At their first meeting, the members of the Council shall elect a President and a Vice-President for the duration of the term of the Council.

The members of the Presidential Council shall be elected at a joint session of the Offices of the Presidency of the Supreme People's Council and the Shura Council.

Members of the Presidential Council shall take the constitutional oath at the joint session before assuming their functions.

The Presidential Council shall exercise all the powers authorized by the Constitution.

Article 3:

A thirty-month interim period shall begin on the date of the entry into force of this Agreement.

During this period, the full membership of the Shura Council and of the Supreme People's Council shall constitute the House of Representatives;

in addition, 31 representatives shall be appointed by a decree from the Presidential Council.

The House of Representatives shall exercise all the powers provided for in the Constitution;

however, it shall have no power to elect a Presidential Council or to amend the Constitution.

Any vacancy, for any reason, in the House of Representatives shall be filled by appointment to be made by the Presidential Council.

Article 4:

At its first meeting, the Presidential Council shall issue a decree establishing an Advisory Council of 45 members.

The Council's functions shall be defined in the same decree.

Article 5:

The Presidential Council shall form the Government of the Republic of Yemen which shall undertake all the functions authorized by the Constitution.

Article 6:

At its first meeting, the Presidential Council shall entrust a technical team to prepare a framework for reconsidering the administrative division of the Republic of Yemen so as to reinforce the Yemeni unity and eliminate the effects of partition.

Article 7:

The Presidential Council is empowered to issue, at its first meeting, decrees which shall have the force of law regarding the emblem, flag and national anthem of the Republic.

At the same meeting, the Presidential Council shall issue a decree convening the House of Representatives in order decide upon the following items:

a) approving decrees and laws issued by the Presidential Council;

b) voting confidence in the Government on the basis of the statement (of its program) which it shall submit;

c) calling upon the Presidential Council to submit the Constitution to a general, popular referendum before the thirtieth of November 1990;

d) approving draft basic laws submitted by the Presidential Council.

Article 8:

This Agreement shall enter into force upon its ratification, together with the draft Constitution of the Republic of Yemen, by the Shura Council and the People's Council.

Article 9:

This Agreement shall govern the entire interim period.

Upon ratification, the provisions of the Constitution of the Republic of Yemen shall be deemed in force during the interim period, in accordance with the previous Article and subject to the other provisions of this Agreement.

Article 10:

The Constitutions of both previous Yemeni States shall be deemed abrogated upon ratification of this Agreement and of the Constitution of the Republic of Yemen by the Shura Council and the People's Council.

Signed in San'a on the twenty-seventh of Ramadan of the Hegira year 1410, corresponding to the twenty-second of April 1990 A.D.

Colonel Ali Abdallah Saleh

President of the Republic Commander-in-Chief of the Armed Forces

Secretary-General of the General People's Congress

Ali Salem A1-Beidh

Secretary-General of the Central Committee of the Yemeni Socialist Party