International Border Treaty between the Republic of Yemen and the Kingdom of Saudi Arabia

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Country/entity: Saudi Arabia
Yemen
Region: Middle East and North Africa
Agreement name: International Border Treaty between the Republic of Yemen and the Kingdom of Saudi Arabia
Date: 12 Jun 2000
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/interstate conflict
Saudi-Yemeni Border Dispute (1934 - 2000)
The Saudi-Yemeni border dispute goes back before the Treaty of Taif signing in 1934 which ceded the provinces of Asir, Najran and Jazan to the Kingdom of Saudi Arabia after a brief border war. However, the Treaty did not demarcate a large stretch of the 1,300-mile border between the two countries. Moreover, none of the regimes of the Yemeni Republic (North Yemen) following the 1962 revolution recognised the Taif Treaty. In 1973 a joint communique regarding the border was signed but subsequently fell through. Tensions further increased after Saudi Arabia expelled over 1 million Yemeni migrant workers following Yemen’s support for Iraq in the 1990-1991 Gulf War. Talks in 1992 on the border and subsequent provisional agreements fell through. In 1994 and 1995 attacks on Saudi border posts occurred during and after the Yemen Civil War, when Saudi Arabia supported the Socialist South. Again, in 1995, a memorandum of understanding was signed in order to resolve the issue peacefully. However, the conflict escalated in May 1998, when a Saudi outpost was attacked on a disputed Island in the Red Sea. Saudi forces retaliated in a pitched battle on a Yemeni contingent on Duwaima Island in July. The conflict ended following the 'International Boundary Treaty' in June 2000 and entered into force a month later. With this treaty Yemen finally formally recognised the Treaty of Taif to resolve the boundary line. In return, Saudi Arabia agreed to relinquish its additional land and maritime territorial claims outside the 1934 boundary line.

Yemeni Wa’ila tribes living on the borders, however, do not acknowledge the Treaty. They accuse Saudi-Arabia of confiscating their lands in the regions of Sallah, Qafrat Sallah, Khubbash. In June 2006 the tribes announced they would resort to force to regain the territories if not being taken seriously, and warned the Yemeni government against compromises.
Stage: Implementation/renegotiation
Conflict nature: Territory
Peace process: Saudi Arabia - Yemen Border process
Parties: Government of the Kingdom of Saudi Arabia: Saud Al-Faisal, Minister for Foreign Affairs. Government of the Republic of Yemen: Abdul-Qader Abdul, Deputy Prime Minister and Rahman Ba-Jammal, Minister for Foreign Affairs.
Third parties: -
Description: This agreement expands on the Treaty of Taif and the Memorandum of Understanding. It comprehensively demarcates the land and maritime borders between the two countries. Annex 1 and 2 contain boundary reports, Annex 3 marks the maritime boundary, Annex 4 covers pastoralism, military activity and natural resources along the border, and a Procès-verbal containing corrections.

Agreement document: SA YE_000612_International Border Treaty between the Republic of Yemen and the Kingdom of Saudi Arabia.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: The agreement in its entirety provides for border delimitation.
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: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: 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: Page 20, Annex IV, The Exploitation of Shared Natural Resources Along the Land Boundary Between the Two Countries, Article 6
In the event of the discovery of a recoverable and exploitable shared natural resource on the boundary line between the two countries from precisely at the sea wall, Ra's al-Mu 'wajj Shami, Radif Qarad outlet, to the point of intersection of latitude 19 north and longitude 52 east the two contracting parties shall undertake the necessary negotiations between them for the joint exploitation of that resource.
International funds: No specific mention.
Business: No specific mention.
Taxation: Socio-economic reconstruction→Taxation→Reform of taxation
Page 19, Annex IV, Concerning the Regulation of the Rights to Pasture, Article 2
Herdsmen who are nationals of the Kingdom of Saudi Arabia or nationals of the Republic of Yemen shall be exempt from:
...
(b) Taxes and duties on the personal effects, foodstuffs and consumer goods that they carry with them. This shall not prevent either of the parties from imposing customs duties on livestock or merchandise crossing for purposes of trade.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: Page 19, Annex IV, Concerning the Regulation of the Rights to Pasture, Article 1
(a) The grazing zone on each side in the second section of the boundary-line indicated in this treaty shall be established as 20 kilometres.
(b) The herdsmen of the two countries may use the grazing zones and water sources on both sides of the boundary line in this section in accordance with prevailing tribal traditions and customs up to a depth of not more than 20 kilometres.
(c) The two contracting parties shall hold annual consultations for the designation of crossing points for grazing purposes in accordance with prevailing conditions and prospects for pasture.

Page 19, Annex IV, Concerning the Regulation of the Rights to Pasture, Article 2
Herdsmen who are nationals of the Kingdom of Saudi Arabia or nationals of the Republic of Yemen shall be exempt from:
(a) The regulations governing residence and passports. Such herdsmen shall be issued with a transit document by their own authorities;
(b) Taxes and duties on the personal effects, foodstuffs and consumer goods that they carry with them. This shall not prevent either of the parties from imposing customs duties on livestock or merchandise crossing for purposes of trade.

Page 19, Annex IV, Concerning the Regulation of the Rights to Pasture, Article 3
Each contracting party may impose the restrictions and controls it deems appropriate on the number of vehicles crossing into its territory with the herdsmen and on the type and number of firearms that may be carried subject to their licensing by the relevant authorities of the two countries and the identification of those carrying them.

Page 19, Annex IV, Concerning the Regulation of the Rights to Pasture, Article 4
In the event of an outbreak of contagious disease in livestock, each party may take the necessary preventive measures and impose restrictions on the importation and exportation of infected animals. The relevant authorities in both countries shall cooperate to the extent possible in limiting the spread of the disease.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: Page 2, Article 2
...
This is the maritime section of the boundary. It begins at the onshore marker on the sea coast (precisely at the sea wall, Ra's al-Mu'wajj Shami, Radif Qarad outlet), the coordinates of which are specified above, and it terminates at the extremity of the maritime boundaries between the two countries.

Page 2, Article 3
...
the two contracting parties shall engage an international company to conduct a field survey of the full length of the land and maritime boundaries.

Page 18, Annex III, Maritime Boundary Between the Republic of Yemen and the Kingdom of Saudi Arabia, in its entirity provides for the delimitation of maritime access.

Page 19, Annex IV, Concerning the Regulation of the Rights to Pasture, Article 1
...
(b) The herdsmen of the two countries may use the grazing zones and water sources on both sides of the boundary line in this section in accordance with prevailing tribal traditions and customs up to a depth of not more than 20 kilometres.

Security sector

Security Guarantees: Page 19, Annex IV, Concerning the Regulation of Rights to Pasture
In the event of an outbreak of contagious disease in livestock, each party may take the necessary preventive measures and impose restrictions on the importation and exportation of infected animals. The relevant authorities in both countries shall cooperate to the extent possible in limiting the spread of the disease.
Ceasefire: Security sector→Ceasefire→General commitments
Page 2, Article 4
The two contracting parties undertake to abide by the terms of article 5 of the Treaty of Taif as they relate to the removal of any military position located less than five kilometres from the boundary line delimited on the basis of the boundary reports annexed to the same Treaty of Taif.

Page 20, Annex IV, The Positioning of Armed Forces by Both Sides, Article 5
Neither contracting party may deploy its armed forces within 20 kilometres of the second section of the boundary line indicated in this Treaty. Activity by either party on either side shall be limited to the dispatch of mobile security patrols armed with regular weapons.
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: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: UN Peacemaker
http://peacemaker.un.org/
http://peacemaker.un.org/saudiarabiayemen-bordertreaty2000

INTERNATIONAL BOUNDARY TREATY BETWEEN THE REPUBLIC OF YEMEN AND THE KINGDOM OF SAUDI ARABIA

With a view to cementing the ties of brotherhood and friendship and the links of kinship that bind the two fraternal peoples of the Republic of Yemen and the Kingdom of Saudi Arabia,

Invoking the norms and principles of the Islamic faith they share and whose foundation is cooperation for the sake of piety and godliness,

Proceeding from the bonds woven by a common history based on cooperation and solidarity and on the promotion of security, peace and tranquillity,

Building on the distinctive character of the brotherly relations obtaining between the leaders of the two fraternal countries, namely His Excellency President Ali Abdullah Saleh of the Republic of Yemen and his fellow leader the Custodian of the Two Holy Mosques, King Fahd Bin Abdul-Aziz Al Saud of Saudi Arabia (may God preserve them), in terms of regard, candour and commitment to every means of further enhancing and strengthening the intimate relations between the two fraternal peoples, and given their concern to devise a permanent solution to the question of the land and maritime boundaries between their two countries that will be found to be satisfactory and will be preserved by succeeding generations, present and future, with respect to both the boundaries determined by the Treaty of Taif signed by the two kingdoms in A.H. 1353, corresponding to A.D. 1934, and delimited by joint commissions in the manner set forth in the boundary reports annexed to that Treaty and to those that have yet to be delimited, Agreement has been reached as follows:

Article 1

The two contracting parties affirm that the Treaty of Taif and its annexes, including the boundary reports appended thereto, are binding and valid.

They also affirm their commitment to the Memorandum of Understanding signed by the two countries on 27 Ramadan A.H. 1415 [26 February A.D. 1995].

Article 2

The definitive and permanent boundary line between the Republic of Yemen and the Kingdom of Saudi Arabia shall be established as follows:

(a) First section:

This section begins at the coastal marker on the Red Sea (precisely at the sea wall, Ra's al-Mu'wajj Shami, Radif Qarad outlet) at latitude 16o 24' 14.8" north and longitude 42o 46' 19.7" east, and it ends at the Jabal al-Tha'r marker at coordinates 44o 21' 58.0" east and 17o 26' 00.0" north.

The coordinates [of the intermediate markers] are given in detail in annex I. The identity of the villages located along the path of the line in this section, including their tribal affiliation, shall be determined in accordance with the provisions of the Treaty of Taif and its annexes.

In the event that any of the coordinates should coincide with the location of a village, the frame of reference for establishing its possession shall be its association with one of the parties and the path of the line shall be modified accordingly when boundary markers are put in place.

(b) Second section:

This is the section of the boundary line which has not been delimited.

The two contracting parties have agreed to delimit this section in an amicable manner.

This section begins at Jabal al-Tha'r, the coordinates of which are given above, and it ends at the intersection of latitude 19 north and longitude 52 east.

Detailed coordinates [of the intermediate markers] are given in annex II.

This is the maritime section of the boundary.

It begins at the onshore marker on the sea coast (precisely at the sea wall, Ra's al-Mu'wajj Shami, Radif Qarad outlet), the coordinates of which are specified above, and it terminates at the extremity of the maritime boundaries between the two countries.

Detailed coordinates [of the intermediate points] are given in annex III.

Article 3

1. For the purpose of placing markers (pillars) along the boundary line beginning at the tripoint of the two countries with the Sultanate of Oman at the intersection of latitude 19 north and longitude 52 east and ending precisely at the sea wall, Ra's Al-Muvwajj Shami, Radif Qarad outlet, the coordinates of which are given in annex I and annex II, the two contracting parties shall engage an international company to conduct a field survey of the full length of the land and maritime boundaries.

The company concerned and the joint team of the two contracting parties shall adhere strictly to the distances and bearings from one point to the next and to the other specifications set forth in the boundary reports annexed to the Treaty of Taif, these provisions being binding on both parties.

2. The company concerned shall prepare detailed maps of the land boundary between the two countries, and these maps, once signed by representatives of the Republic of Yemen and the Kingdom of Saudi Arabia, shall be recognized as official maps indicating the boundary between the two countries and shall be an integral part of this Treaty.

The two contracting parties shall conclude an agreement on meeting the costs of work undertaken by the company engaged to erect the markers along the land boundary between the two countries.

Article 4

The two contracting parties undertake to abide by the terms of article 5 of the Treaty of Taif as they relate to the removal of any military position located less than five kilometres from the boundary line delimited on the basis of the boundary reports annexed to the same Treaty of Taif.

The boundary line that has yet to be delimited, from Jabal al-Tha'r to the point of intersection of latitude 19 north and longitude 52 east, shall be governed by the terms of annex IV to this Treaty.

Article 5

This Treaty shall enter into force following its ratification in accordance with the procedures in effect in each of the contracting countries and the exchange of instruments of ratification by them.

For the Republic of Yemen:

ABDUL-QADER ABDUL-RAHMAN BA-JAMMAL

Deputy Prime Minister and Minister for Foreign Affairs

For the Kingdom of Saudi Arabia:

SAUD AL-FAISAL

Minister for Foreign Affairs

Jeddah, 10 Rabi ` I A.H. 1421

corresponding to 12 June A.D. 2000

ANNEX III MARITIME BOUNDARY BETWEEN THE REPUBLIC OF YEMEN AND THE KINGDOM OF SAUDI ARABIA

1. The line begins at the onshore point along the sea coast "precisely at the sea wall, Ra's al-Muxwajj Shami, Radif Qarad outlet" at coordinates 16o 24' 14.8" north and 42o 46' 19.7" east.

2. It proceeds in a straight line parallel to the lines of latitude until it reaches the point at coordinates 16o 24' 14.8" north and 42o 09' 00.0" east.

3. It then turns to the south-west as far as the point at coordinates 16o 17' 24.0" north and 41o 47' 00.0" east.

4 . From there it proceeds in a straight line parallel to the lines of latitude in a westerly direction to the extremity of the maritime boundary between the two countries.

ANNEX IV TO THE INTERNATIONAL BOUNDARY TREATY BETWEEN THE REPUBLIC OF YEMEN AND THE KINGDOM OF SAUDI ARABIA, CONCERNING THE REGULATION OF RIGHTS TO PASTURE, THE POSITIONING OF ARMED FORCES BY BOTH SIDES ALONG THE SECOND SECTION OF THE BOUNDARY LINE BETWEEN THE TWO COUNTRIES AS ESTABLISHED BY THIS TREATY, AND THE EXPLOITATION OF SHARED NATURAL RESOURCES ALONG THE LAND BOUNDARY BETWEEN THE TWO COUNTRIES

Article 1

(a) The grazing zone on each side in the second section of the boundary-line indicated in this treaty shall be established as 20 kilometres.

(b) The herdsmen of the two countries may use the grazing zones and water sources on both sides of the boundary line in this section in accordance with prevailing tribal traditions and customs up to a depth of not more than 20 kilometres.

(c) The two contracting parties shall hold annual consultations for the designation of crossing points for grazing purposes in accordance with prevailing conditions and prospects for pasture.

Article 2

Herdsmen who are nationals of the Kingdom of Saudi Arabia or nationals of the Republic of Yemen shall be exempt from:

(a) The regulations governing residence and passports.

Such herdsmen shall be issued with a transit document by their own authorities;

(b) Taxes and duties on the personal effects, foodstuffs and consumer goods that they carry with them.

This shall not prevent either of the parties from imposing customs duties on livestock or merchandise crossing for purposes of trade.

Article 3

Each contracting party may impose the restrictions and controls it deems appropriate on the number of vehicles crossing into its territory with the herdsmen and on the type and number of firearms that may be carried subject to their licensing by the relevant authorities of the two countries and the identification of those carrying them.

Article 4

In the event of an outbreak of contagious disease in livestock, each party may take the necessary preventive measures and impose restrictions on the importation and exportation of infected animals.

The relevant authorities in both countries shall cooperate to the extent possible in limiting the spread of the disease.

Article 5

Neither contracting party may deploy its armed forces within 20 kilometres of the second section of the boundary line indicated in this Treaty.

Activity by either party on either side shall be limited to the dispatch of mobile security patrols armed with regular weapons.

Article 6

In the event of the discovery of a recoverable and exploitable shared natural resource on the boundary line between the two countries from precisely at the sea wall, Ra's al-Mu 'wajj Shami, Radif Qarad outlet, to the point of intersection of latitude 19 north and longitude 52 east the two contracting parties shall undertake the necessary negotiations between them for the joint exploitation of that resource.

Article 7

This annex shall be an integral part of the Treaty and shall be ratified in accordance with the procedures in effect in each country.

PROCÈS-VERBAL OF RECTIFICATION

In view of the fact that there are certain typographical in the text of the International Boundary Treaty between the and the Kingdom of Saudi Arabia and in its four annexes, the corresponding corrections being as follows:

1. In article 3, paragraph 1, of the Treaty - the omission of the words "and annex II" after "annex I";

and their handwritten insertion, with accompanying signatures, into the body of the Treaty;

2 . In annex II - the transposition of the words "North"and "East ;

and the reversal of this transposition;

3. In annex III - the formally incorrect sequence in which the elements of the coordinates for the maritime boundary are given (in the Arabic text);

and its reversal;

4. In annex IV - the occurrence, by typographical error of the word "Agreement" in place of the word "Treaty";

and its correction - and the transposition of the words "North" and "East";

and its reversal;

The necessary corrections have accordingly been made to of the Treaty and its annexes.

In Witness Whereof, this Procès-verbal was signed in two be retained by each State,

on Tuesday, 2 Rabi' II A.D. 1421, corresponding to 4 July A.D. 2000.

Signed at Sana'a,

For the Government of the Kingdom of Saudi Arabia:

SAUD AL-FAISAL

Minister for Foreign Affairs

For the Government of the Republic of Yemen:

ABDUL-QADER ABDUL - RAHMAN BA - JAMMAL

Deputy Prime Minister and Minister for Foreign Affairs