Saudi-Yemeni Memorandum of Understanding

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Country/entity: Saudi Arabia
Yemen
Region: Middle East and North Africa
Agreement name: Saudi-Yemeni Memorandum of Understanding
Date: 26 Feb 1995
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: Special Advisor to the Custodian of the Two Holy Mosques, Ibrahim Bin Abdullah Al Angeri. Government of the Republic of Yemen:
Deputy Prime Minister and Minister of Planning and Development, Abdulqader Abdurrahman Bajammal
Third parties: -
Description: This agreement implements the Treaty of Ta'if signed in 1934. It forms a committee to renew the border marks between the countries. It also calls for non-aggression against each other and establishes a committee to develop economic and cultural relations between the countries. A private sector company agreed to by both parties will demarcate the border.

Agreement document: SA YE_950226_Memorandum of Understanding.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: Page 1, Article 2
A joint committee of an equal number of members from the two parties shall be formed within a period not exceeding thirty days. Its task shall be to renew existing and erased markers established in accordance with the border reports annexed to the Treaty, starting from the border point (Rasif al Bahar Tamaman Ra'sal Mu'awwaj Shami Li Manfadh Radif Qirad) between Midi and al Muwassam until the last point previously demarcated at Jabal ath Thar, and to use modern scientific means to install the marks (pillars) thereon. A specialized company, chosen by the Two Parties, shall be contracted to execute the said task under the committee's supervision.

Page 1, Article 3
The current committee formed by the two countries shall continue its work to determine the necessary procedures and steps which lead to the demarcation of the rest of the borders starting from Jabal ath Thar until the end of the borders of the two countries, including agreement on how to seek arbitration in case of disagreement between the two countries.

Page 1, Article 4
A joint committee shall be formed to negotiate the designation of maritime borders in accordance with international law, staring [sic] from the border point o [sic] coast mentioned in Article 2 above.
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: Rights related issues→Media and communication→Media roles
Page 2, Article 9
In order to continue maintaining the friendly atmosphere necessary for the success of talks, each party shall be obliged not to carry out any hostile propaganda against the other party.
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: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, Article 6
A joint ministerial committee shall be formed to promote economic, commercial and cultural ties between the two countries and to enhance mutual cooperation between them...
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: Page 1, Article 4
A joint committee shall be formed to negotiate the designation of maritime borders in accordance with international law, staring from the border point o [sic] coast mentioned in Article 2 above.

Security sector

Security Guarantees: Page 2, Article 5
A joint high-ranking military committee from both parties shall be formed to ensure that no installations or military movements or others take place on the borders between the two countries.

Page 2, Article 8
Each of the two countries affirms its commitment not to permit the use of its country as a base and center for carrying out aggression against the other staging any political, military or propaganda activities against the other
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: 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-memorandum95

IN THE NAME OF GOD, THE MOST GRACIOUS, THE MOST MERCIFUL

MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF THE KINGDOM OF SAUDI ARAB AND THE GOVERNMENT OF THE REPUBLIC OF YEMEN

Desiring to promote and strengthen the brotherly bonds between Saudi Arabia and the Republic of Yemen and their brotherly peoples, the Two Parties have agreed as follows:

Article 1

The Two Parties confirm their commitment to the legality and binding Treaty of Taif signed on the 6th of Safar 1353H, corresponding to the 20th of May 1934, and its annexes, which is known as the " Treaty of Taif"(referred to hereinafter as "the Treaty").

Article 2

A joint committee of an equal number of members from the two parties shall be formed within a period not exceeding thirty days.

Its task shall be to renew existing and erased markers established in accordance with the border reports annexed to the Treaty, starting from the border point (Rasif al Bahar Tamaman Ra'sal Mu'awwaj Shami Li Manfadh Radif Qirad) between Midi and al Muwassam until the last point previously demarcated at Jabal ath Thar, and to use modern scientific means to install the marks (pillars) thereon.

A specialized company, chosen by the Two Parties, shall be contracted to execute the said task under the committee's supervision

Article 3

The current committee formed by the two countries shall continue its work to determine the necessary procedures and steps which lead to the demarcation of the rest of the borders starting from Jabal ath Thar until the end of the borders of the two countries, including agreement on how to seek arbitration in case of disagreement between the two countries.

Article 4

A joint committee shall be formed to negotiate the designation of maritime borders in accordance with international law, staring from the border point o coast mentioned in Article 2 above.

Article 5

A joint high-ranking military committee from both parties shall be formed to ensure that no installations or military movements or others take place on the borders between the two countries.

Article 6

A joint ministerial committee shall be formed to promote economic, commercial and cultural ties between the two countries and to enhance mutual cooperation between them.

This committee shall start its work within thirty days from the date of signing this Memorandum of Understanding "Memorandum".

Article 7

A joint high committee shall be appointed to work towards achieving the aforementioned, facilitate the work of the said committees, and remove any obstacles or difficulties that might arise during the course of their assignments

Article 8

Each of the two countries affirms its commitment not to permit the use of its country as a base and center for carrying out aggression against the other staging any political, military or propaganda activities against the other

Article 9

In order to continue maintaining the friendly atmosphere necessary for the success of talks, each party shall be obliged not to carry out any hostile propaganda against the other party.

Article 10

This Memorandum contains no amendment to the "Treaty of Taif" and its annexes, including the border reports.

Article 11

All matters discussed by the said committees shall be recorded in m signed by the officials of the two sides.

This Memorandum was signed in Mecca on Sunday, the 27th of Ramadhan 1415AH, corresponding to the 26th of February 1995, and shall become effective date of exchanging its ratification documents.

For the Government of the Kingdom of Saudi Arabia :

Special Advisor to the Custodian of the Two Holy Mosques

IBRAHIM BIN ABDULLAH AL ANGERI

For the Government of the Republic of Yemen:

Deputy Prime Minister and Minister of Planning and Development

ABDULQADER ABDURRAHMAN BAJAMMAL

[Signed on 27/9/141 5H]