Yemen 1991 Constitution (reviewed 2015)

Table of Contents

Constitutional Declaration to organize the foundations of governance during the transitional period in Yemen

In the Name of God, the Merciful, the Compassionate:

To the great Yemeni people: based on your aspirations and in execution of your free will that has been manifestly embodied in continuous support for the revolution and marches in various cities and directorates, as well as at the expanded National Dialogue Conference in the capital of Sanaa from 9 to 11 Rabi’ al-Thani 1436 corresponding to 31 January – 1 February 2015 and the statement issued by the Conference that contained a deadline for the political forces to reach an agreement to bring the country out of the present situation and which mandated the Revolutionary Committee to take immediate measures to arrange the status of State authorities. This was met with the support of the popular masses gathering in most governorates of the country, who supported the outcome of the expanded National Dialogue Conference. During the period granted to the political forces, the political elements who believe in the 11 February and 21 September Revolutions exerted tireless efforts to contain the situation and convince the other political elements of the principle of peace and partnership to save the country from the vacuum left behind by the sudden and unjustified resignation of the president and the government.

However, the response to these efforts was obstruction, refusal and abdication of national responsibility. Political elements continued to act opportunistically and neglect the higher national interest, exceeding the deadline set in the statement issued by the expanded National Dialogue Conference, in an explicit challenge to the revolution and the will of the great Yemeni people. They thus placed before the people the prospect of falling into political, economic, security and social dangers as a result of the vacuum they insisted on perpetuating in order to undermine this people, their revolution and its gains.

The leadership of the revolution responded by undertaking its national responsibilities based on the mandate they received from the people and the national revolutionary forces and in execution of the will of the Yemeni people, who have suffered from rulers who were tyrannical, who disdained their higher interest, dignity, rights and freedoms, and who neglected the people’s unity, sovereignty, security and stability.

The leadership of the revolution decided to rise to this massive responsibility – the responsibility to rescue the nation from the current situation and advance to horizons of freedom and dignity, thus gaining a firm foothold among the liberated peoples of the world.

The revolution is determined to achieve a dignified life for the popular masses, end corruption through an effective national strategy, reform public service, eliminate flaws in community justice, relieve oppression, reform the security and military institutions on national bases as well as restore trust and respect for these institutions, improve the livelihood of their members, achieve security in society, face down criminal takfiri forces and their allies and supporters, build a strong, cohesive Yemeni society that does not exclude any person or party, and end conflicts, divisions and ruptures. The nation is large enough to include all its citizens, and it expects all of them without exception to help rebuild it and work to achieve glory, progress, and prosperity, and to protect its security, sovereignty and independence.

To the great Yemeni people: we have pledged, with God as our witness, to do our utmost to assist our country and raise its banner. Thus you must practice self-denial and dedicate your lives, property and efforts to give strength, joy, prosperity, and glory to your country, united against all difficulties and conspiracies, joined in solidarity and cooperation with the nation, since the nation is one, and has one aim and one people. This is in order for the transitional period to be the start of a new era that will steer the country to safe harbor.

Thus, the leadership of the revolution is issuing this Constitutional Declaration in the name of the people to organize the transitional period:

Article 1

The provisions of the constitution in force shall continue to apply, provided that they do not conflict with the provisions of the present Declaration.

Article 2

The Declaration shall regulate the foundations of governance during the transitional period.

Article 3

General rights and freedoms are guaranteed and the State shall undertake to protect them.

Article 4

The foreign policy of the State shall be based on adherence to the good neighbor principle, non-interference in the internal affairs of other countries, adoption of sound and peaceful means to resolve disputes and cooperate to achieve shared interests in a manner that upholds the sovereignty, independence, security and higher interests of the nation.

Article 5

The Supreme Revolutionary Committee is the expression of the revolution and revolutionary committees derived therefrom shall be formed in the governorates and directorates throughout the Republic.

The National Transitional Council

Article 6

A National Transitional Council with 551 members shall be formed by a decree from the Revolutionary Committee. It shall replace the dissolved House of Representatives and it shall include the components that were not represented in the latter body. Members of the dissolved House of Representatives shall have the right to join it.

Article 7

The bylaws of the National Transitional Council shall specify its system of work and the rights and duties of members.

Article 8

The Presidency of the Republic in the transitional period shall be exercised by a Presidency Council composed of 5 members elected by the National Transitional Council and their election shall be ratified by the Revolutionary Committee.

Article 9

The bylaws of the National Transitional Council shall specify its system of work and the rights and duties of its members. [sic]

The transitional government

Article 10

The Presidency Council shall task anyone it deems suitable, whether from among the members of the National Transitional Council or outside it, to form a transitional government from the talent pool of the nation.

General and Final Provisions

Article 11

The Revolutionary Committee shall be competent to take all the necessary measures and arrangements to protect the sovereignty of the nation, guarantee its security and stability, and protect the rights and freedoms of citizens.

Article 12

The powers of the National Transitional Council and the Presidency Council shall be determined by a decree supplementing the Constitutional Declaration issued by the Revolutionary Committee.

Article 13

Within a maximum period of two years, the State’s transitional authorities shall work to reach the milestones of the transitional period in accordance with the outcome of the comprehensive National Dialogue Conference and the Peace and National Partnership Agreement. This includes reviewing the new draft constitution, enacting the laws required by the constituent assembly phase, holding a referendum on the constitution in preparation for the country’s transition to a permanent status, and conducting parliamentary and presidential elections in accordance with the provisions of said constitution.

Article 14

Ordinary legislation shall remain in force unless it explicitly or implicitly contradicts texts of the present Declaration.

Article 15

This Declaration shall enter into force from its date of issuance.