زیر مجموعه ها
قانون اساسی یمن (انگلیسی)
اطلاعات بیشتر قانون | |||
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تصویب شده | قانون اساسی کشور ها | ||
تاریخ تصویب | 1357/11/22 | ||
شناسه | A04F1598-BC9D-4639-8966-1423EB3508FF | ||
وضعیت | منسوخ نشده |
Yemen - Constitution
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{ Adopted on: 16 May 1991 }
{ ICL Document Status: 16 May 1991 }
Title I Foundation of the State
Chapter I Political Foundations
Article 1
The Yemen Republic is an independent٫ sovereign٫ unitary٫ and indivisible state
whose territorial integrity is inviolable. The Yemeni People is a part of the
Arab nation and the Islamic world.
Article 2
Islam is the religion of the state and Arabic is its official language.
Article 3
Islamic jurisprudence is the main source of legislation.
Article 4
Power rests with the people who is the source of all powers. The people shall
exercise its power directly through referenda and general elections٫ and
indirectly through legislative٫ execccutive٫ and judicial bodies and also
through elected local councils.
Article 5
The state shall abide by the United Nations charrrter٫ the Universal
Declaration of Human Rights٫ the charrrter of the League of Arab States and
the generally accepted norms of international law.
Chapter II Economic Foundations
Article 6
The national economy shall be formed on the following principles:
1) Islamic social justice in both production and social relations;
2) The establishment of a modern public sector capable of possessing essential
means of production; 3) Preservation of private property which shall not be
touched except in the public interest and in return for a fair compensation in
accordance with the law; 4) Directing all energies and relationships towards
building a strong national economy٫ free from any dependence٫ and the
achievement of total٫ comprehensive development capable of creating socialist
relations inspired by the Arab Islamic heritage and the conditions and
circumstances of the Yemeni society.
Article 7
Natural resources٫ with all their derivatives٫ and sources of energy on the
state''s territory or the subsoil thereof٫ in its territorial waters٫ its
continental shelf and exclusive economic zone are owned by the state which
shall exploit them in the public interest.
Article 8
The economic policy of the state shall be based on scientific planning٫ leading
to the establishment of public corporations to exploit and invest in public and
natural resources٫ develop and advance the capacities and opportunities of the
public٫ private٫
and mixed sectors in all fields of economic and social development٫ within the
framework of the general plan of the state٫ in the service of the public
interest and the national economy.
Article 9
The state shall direct٫ develop٫ and enhance the effectiveness of foreign trade
in the service of the national economy. The state shall also supervise internal
trade with a view to protecting consumers and providing the citizens with
essential commodities.
Article 10
The law shall regulate the state''s official currency and its financial and
banking systems. It shall also determine weights and measures.
Article 11
Taxes and public levies shall be organized in a manner that serves the public
interest and guarantees social justice for the citizens.
Article 12
Creating٫ amending٫ and repealing public taxes shall be done only by law.
Nobody shall be partially or totally exempted from the payment of taxes except
in cases specified by the law. Nobody shall be ordered to pay any other taxes
or public levies except by a law.
Article 13
The state shall encourage savings and co-operatives. It shall sponsor٫ support٫
and encourage the establishment of all types of co-operative ventures and
activities.
Article 14
The law shall determine the basic rules for the collection and dispersement of
public finances.
Article 15
The execccutive power may not contract or guarantee loans or commit to a
project requiring expenditure from the state''s treasury in a future year or
years except with the approval of the House of Representatives.
Article 16
The law shall specify the salaries٫ pensions٫ allowances٫ subsidies٫ and
remunerations paid from the state''s treasury.
Article 17
The contracting of concessions related to the exploitation of natural resources
or public facilities shall be done through the enactment of a proper law. Such
a law shall determine the conditions and modalities of disposing of real estate
owned by the state٫ free of charrrge٫ and ceding any of the state''s movable
possessions. The law shall also regulate the granting of concessions to local
units and the free disposal of their possessions.
Chapter III Social and Cultural Foundations
Article 18
The state shall guarantee the freedom of scientific research and literary and
cultural achievements that conform with the spirit and purpose of the
constitution. It shall provide all means conducive to such achievements and
give all the support needed for the advancement of sciences and arts. It shall
also
encourage scientific and technical discoveries and creative arts and protect
their results.
Article 19
The state shall guarantee٫ to all its citizens٫ equal political٫ economic٫
social٫ and cultural opportunities and٫ to that effect٫ shall enact all the
required laws.
Article 20
Public service is a duty and an honor. Public officials٫ in the performance of
their duties٫ shall aim at serving the public interest and the people. The law
shall specify the conditions of public service and the rights and duties of
public officials.
Article 21
Work is a right٫ an honor٫ and a necessary tool for the advancement of society.
Every citizen has the right to seek and practice the job he chooses within the
law. No citizen may be forced to do a job unless it is governed by a law٫ in
the public interest and in return for a fair remuneration.
Chapter IV Foundations of National Defense
Article 22
Only the state shall establish Armed Forces and any other forces. The Armed
Forces are owned by the people. Their function is to protect the Republic٫ its
territorial integrity and its security. No organization or group may establish
any military or para-military formations. The law shall specify conditions of
service٫ promotion٫ and discipline in the armed forces.
Article 23
The law shall regulate general mobilization which shall be announced by the
chairman of the Presidential Council following the approval of the House of
Representatives.
Article 24
A National Defence Council shall be established. It shall be chaired by the
chairman of the Presidential Council. The National Defense Council shall be
entrusted with the mandate of looking into ways and means of safeguarding the
Republic and its security. Its composition and other functions shall be
determined by law.
Article 25
The police force is a regular civilian establishment whose function is to serve
the people and guarantee their safety٫ security٫ and peace. The police force
shall be entrusted with guaranteeing public order and security and public
manners. The law shall regulate the work of the police force under the judicial
power٫ and the manner this force shall implement the orders of the judicial
power without prejudice to the proper conduct of justice. It shall also carry
out all duties entrusted to it by laws and statutes٫ in the manner specified by
the law.
Title II Basic Rights and Duties of Citizens
Article 26
All citizens have the right to participate in the political٫ economic٫ sacral٫
and cultural life. To this end٫ the state shall guarantee the freedom of
thought and the freedom to express opinion by word of mouth٫ in writing٫ or in
picture٫ within the limits of the law.
Article 27
All citizens are equal before the law. They are equal in public rights and
duties. There shall be no discrimination between them based on sex٫ color٫
ethnic origin٫ language٫ occupation٫ social status٫ or religion.
Article 28
The law shall regulate Yemeni nationality. No Yemeni may be deprived of this
nationality. Those who acquire Yemeni nationality may not lose it except in
accordance with the law.
Article 29
No Yemeni citizen may be extradited to a foreign authority.
Article 30
Political refugees may not be extradited.
Article 31
Criminal liability is personal. Nobody shall be punished except in accordance
with a law. No punishment may be imposed for offenses perpetuated prior to the
enactment of the law under which these offenses are punishable. Every accused
is innocent until proven guilty by a final judicial sentence.
Article 32 {...}
Article 32a
The state shall guarantee٫ for its citizens٫ their personal freedom٫ dignity٫
and safety. The law shall specify cases of depriving a citizen of his freedom.
No one may be deprived of his freedom except under a ruling by a competent
court.
Article 32b
(1) Nobody may be arrested٫ searched٫ or detained unless caught in the act;
or in implementation of an order necessitated by an investigation or by the
maintenance of security; issued by a judge or a prosecutor in accordance
with the provisions of the law.
(2) No person may be put under probation or be the subject of an inquiry except
in accordance with the law. Any person whose freedom is restricted in any
manner shall be treated with dignity. Physical and psychological torture are
prohibited. No one may be forced to give a confession during an investigation.
Anyone whose freedom is restricted has the right to remain silent and to speak
only in the presence of an attorney. No one may be jailed or detained in places
other than those governed by the law regulating prisons. Physical punishment
and degrading treatment at the time of arrest or during jail or detention are
prohibited.
Article 32c
Whoever is temporarily arrested for suspicion of committing a crime shall be
arraigned within twenty-four hours. The judge shall inform him of the reasons
for his arrest٫ question him٫ and give him the opportunity to plead his
defense. The judge shall immediately issue a reasoned order for his release or
continued detention. In all cases٫ detention should not exceed the period
specified in that judicial order.
Article 32d
At the time of arrest٫ the accused may designate a person to be immediately
notified of the arrest and of any court order extending his detention. Should
the arrested person be unable to designate a specific person٫ his relatives or
whoever it may concern٫ should be notified.
Article 32e
The law shall determine the proper punishment for whoever
violates any provision of this article٫ in addition to the reparations he has
to pay for any damage that might befall anyone as a result of this violation.
Article 33
No cruel or degrading means may be used in execccuting penalties and no laws
permitting such means may be enacted.
Article 34
Every citizen has the right to resort to court to seek the protection of his
legal rights and interests. Everyone has the right to submit complaints٫
criticisms٫ and proposals٫ directly or indirectly٫ to organs and bodies of the
state.
Article 35
Domiciles٫ houses of worship٫ and educational institutions are inviolable and
shall not be subjected to any control or search except in cases specified by
the law.
Article 36
Freedom and confidentiality of mail٫ telephones٫ telegrams٫ and all means of
communication shall be guaranteed. They may not be censored٫ searched٫ made
public٫ delayed٫ or confiscated except in cases determined by the law and by a
court order.
Article 37
All citizens have the right to education. This right shall be guaranteed by the
state٫ through the establishment of different schools and educational and
cultural institutions. The state shall particularly emphasize taking care of
youth and protecting them from deviation٫ providing them with religious٫
mental٫ and physical education and creating the proper conditions for the
development of their abilities in all fields.
Article 38
Every citizen may move about in any part of the Yemeni territory. This freedom
of movement may not be restricted except in cases determined by the law in
light of the requirements for safety and security of citizens. Freedom to enter
and leave the Republic shall be regulated by the law. No Yemeni may be forced
to leave Yemeni territory or prevented from returning to it.
Article 39
Citizens all over the Republic may٫ in a manner that does not contravene the
provisions of this constitution٫ associate politically٫ professionally٫ and in
trade unionnns. They have the right to establish scientific٫ cultural٫ social٫
and national organizations and unionnns in a manner that serves the purposes
of this constitution. The state shall guarantee this right and provide all
necessary means to enable its citizens to exercise it. It shall also guarantee
all freedoms for political٫ cultural٫ scientific٫ social٫ and trade unionnn
organizations.
Title III Organization of the Powers of the State
Chapter I The House of Representatives
Article 40
The House of Representatives is the legislative power of the state. It shall
enact the laws and decide the general policy of the state٫ in addition to
adopting the general plan for economic and social development٫ the public
budget٫ and its final statement. It also shall assume the function of
controlling the actions of the execccutive power in the manner specified in
this constitution.
Article 41
The House of Representatives shall consist of members to be elected by secret
ballot and by free general and equal suffrage. The Republic shall be divided
into electoral constituencies with equal number of inhabitants within an up or
down range of 5%. Each constituency shall elect one member to the House of
Representatives.
Article 42
Every citizen has the right to vote and to submit his candidacy to the House of
Representatives: A) A voter must:
1) Be a Yemeni national.
2) Be not less than eighteen years of age.
B) A candidate for the House of Representatives shall fulfill the
following requirements:
1) Be a Yemeni citizen.
2) Be not less than twenty-five years of age.
3) Be literate.
4) Be of good moral charrracter.
Article 43
The House of Representatives shall be elected for a term of four calendar years
beginning from its first session. The Speaker of the House shall convoke voters
for the election of a new House at least sixty days before the expiry of the
House''s term. Should this prove impossible for compelling reasons٫ the House
shall remain in place and shall continue to exercise its constitutional powers
until these reasons are over and a new House is elected.
Article 44
Sanaa٫ the capital٫ shall be the seat of the House of Representatives whose
rules of procedure specify the cases and conditions under which the House of
Representatives may hold its meetings outside the capital.
Article 45
The House of Representatives shall adopt its rules of procedure which should
regulate the work of the House and its committees and the manner in which it
shall carry out its constitutional powers. These rules of procedure may not
contain provisions which run counter to the constitution or imply the amendment
thereof. The issuance and amendment of these rules shall be effected by a law.
Article 46
The House of Representatives shall have the exclusive competence of deciding on
the validity of the membership of its members. The rules of procedure of the
House shall regulate the procedures for challenging the validity of membership
and the body to be entrusted with investigating such challenges and the manner
of conducting such investigations٫ whose results should be submitted to the
representatives sixty days after the day of filing the challenge to the House.
Membership of the House shall be invalidated only by a decision adopted by the
House with the consent of two thirds of its members.
Article 47
The House of Representatives shall have the exclusive right to keep order and
security inside its premises. It shall do that through a special police force
that is subordinate to the House. No other armed force may enter the House or
stay close to its doors except at the request of its speaker.
Article 48
The House of Representatives shall approve and ratify all general international
political and economic treaties and agreements of all sorts and labels٫
specially those related to defense٫ alliances٫ peace٫ change of border٫ or
those with financial implications for the state or whose implementation
requires the enactment of a law.
Article 49
The final statement of the state budget shall be submitted to the House of
Representatives within a period of nine months after the end of the fiscal
year. This final accounting statement shall be voted on chapter by chapter.
Ratification by the House of Representatives of the final statement shall be by
a law. The annual report of the Accounting Control Board and its observations
shall be submitted to the House of Representatives which may ask for any
additional information or reports.
Article 50
The budget proposal shall be submitted to the House of Representatives at least
two months before the start of the fiscal year. The House shall vote on the
budget proposal chapter by chapter and adopt it by a law. The House may not
amend the budget proposal except with the consent of the Government. No part of
the revenues may be appropriated except by a law. Should the House of
Representatives fail to adopt the new budget before the commencement of the
fiscal year٫ the current budget would continue in effect until the new one is
adopted. Budgeting٫ the fiscal year٫ and the content of each budget chapter
shall be determined by a law.
Article 51
The House of Representatives shall approve the transfer of any amount of money
from one section of the public budget to another and any expenditure not
included therein or exceeding its revenues shall be authorized by a law.
Article 52
The law shall determine the rules governing the budgets of public corporations
and institutions٫ the autonomous and supplementary budgets٫ and their final
statements. These shall also be subject to the rules governing the public
budget and its final statement.
Article 53
The House of Representatives shall hold its first meeting within two weeks at
most of announcing the results of the elections٫ at the convocation of the
chairman of the Presidential Council. If the House is not convoked٫ it shall
meet on its own on the morning of the first day after the elapse of the two
said weeks.
Article 54
The House of Representatives shall elect from among its members in its first
meeting a speaker and three other officers who together constitute the Bureau
of the House. This meeting shall be chaired by the eldest member of the House.
The rules of procedure shall include the procedures for the election of members
of the Bureau and their other functions.
Article 55
To be valid٫ the meetings of the House of Representatives should be attended by
more than half its members٫ not counting those members whose seats have been
declared vacant. The House of Representatives shall take its decisions by the
absolute majority of members present except in cases where the constitution and
the rules of procedure call for a special majority. In case of a tie٫ the issue
under consideration would
be considered as rejected for the current legislative period. However٫ it shall
have priority for consideration of the House should it be submitted to another
legislative period.
Article 56
Meetings of the House of Representatives shall be public. However٫ it may hold
private closed meetings at the request of its speaker٫ bureau٫ the government٫
or at least twenty of its members. The House may then decide whether the debate
on the issue with which it is seized would take place in public or private
meetings.
Article 57
The House of Representatives shall meet on the day fixed for its meeting in
accordance with its rules of procedure. The legislative period of the House may
not be adjourned before the approval of the state''s public budget.
Article 58
A member of the House of Representatives shall represent all the people and
work for the public interest. His functions as a representative may not be
restricted in any way or form.
Article 59
Members of the House of Representatives shall٫ before assuming membership٫ each
take the constitutional oath before the House in a public meeting.
Article 60
The law shall fix a fair remuneration for the speaker٫ members of the Bureau٫
and all members of the House of Representatives. If the Prime Minister٫ his
deputies٫ and ministers are members of the House of Representatives٫ they shall
not be entitled to this remuneration.
Article 61
Should a seat in the House of Representatives became vacant٫ at least one year
before the end of the House''s term٫ a new member shall be elected to fill it
within sixty days of announcing the decision of the House of Representatives on
the vacancy. The membership of the new representative shall end with the end of
the term of the House of Representatives.
Article 62
Members of the House of Representatives may not interfere with the work of the
execccutive and judicial powers.
Article 63
Members of the House of Representatives are not liable for issues they raise in
the House٫ or the opinions and judgments they express in the House or in its
committees. Also٫ they shall not be liable for positions they take when voting
in public or private meeting. However٫ this does not apply to any defamation or
slander committed by members.
Article 64
Members of the House of Representatives may not be investigated٫ searched٫
arrested٫ jailed٫ or subjected to any other penalty except with the
authorization of the House. However٫ this does not apply if a member of the
House is caught in flagrante delicto. In this case٫ the House should be
immediately notified and it shall verify the validity of the measures taken. If
the House is not in session٫ an authorization must be sought from the
House''s Bureau and the House shall be informed of the action taken in its
next meeting.
Article 65
Members shall address their resignations to the House which has the exclusive
competence to accept the resignations of its members.
Article 66
No member may be deprived of his membership unless he loses one of the
constitutional requirements for membership.
Article 67
Members of the House٫ the Government٫ trade unionnns and mass organizations
through their representatives in the House٫ may submit bills and propose
amendments thereof. A bill submitted by a member shall be referred to a special
committee to consider and submit recommendations on the advisability of
considering it by the House. Should the House decide to look into it٫ it shall
refer it to its competent committee. Any bill submitted by anyone other than
the Government that is rejected by the House may not be resubmitted at the same
legislative period.
Article 68
The House of Representatives has the right to issue
directives to the Government in relation to public matters. Should the
Government find it impossible to implement these directives٫ it shall explain
the situation to the House.
Article 69
At least twenty percent of the House''s members may propose a general subject
for debate in the House and request the Government to explain its policy on it.
Article 70
The House of Representatives may٫ at a request signed by
at least ten members٫ form a special committee٫ or entrust one of its standing
committees with investigating any matter that runs counter to the public
interest٫ examining the activities of one of the ministries٫ public
corporations٫ or bodies٫ units of the public sector or the mixed sector or
local councils. The committee٫ in order to do its job٫ may collect evidence and
hear whoever it deems necessary to hear. All execccutive and private bodies
shall respond to all the committee''s requests and provide it٫ for the
purpose of its investigation٫ with all the data and documents in their
Possession.
Article 71
The House of Representatives shall adopt the general plan for economic and
social development by a law. The law shall determine how these plans are
prepared and submitted to the House.
Article 72
The Prime Minister shall٫ within at least twenty-five
days of the formation of his government٫ present to the House of
Representatives his government''s program in order to obtain the confidence
of the majority of the House''s members. If the House is not in regular
session٫ it shall be convoked for a special session. Members of the House and
the House as a whole may comment on the Government''s statement. Should the
Government fail to obtain the required majority٫ this would mean that the House
had withheld its confidence.
Article 73
The Council of Ministers shall be responsible٫ collectively and individually٫
before the House of Representatives. Every member of the House has the right to
address to the Prime
Minister٫ any of his deputies٫ any minister٫ and any of his deputies questions
related to their field of competence. Whoever receives any question shall
answer it. A question may not be transferred into an interpellation during the
same meeting.
Article 74
The House of Representatives has the right to withdraw confidence from the
Government. Withdrawal of confidence may be requested only after interpellating
the Prime Minister or his representative. A request for withdrawing confidence
has to be signed by a third of the members of the House and the House may not
decide on this request before the elapsing of at least seven days after its
submission. Withdrawal of confidence in the Government has to be decided by the
majority of members of the House.
Article 75
Every member of the House of Representatives has the right to interpellate the
Prime Minister٫ his deputies٫ and ministers in relation to their mandates.
Discussion of an interpellation shall take place at least seven days after its
submission٫ except in cases which the House deems urgent and with the consent
of the Government.
Article 76
The Prime Minister٫ his deputies٫ and the ministers and their deputies shall be
allowed to speak in the House of Representatives whenever they ask. They may be
assisted by other high officials. They shall not participate in voting unless
they are members of the House of Representatives. The House of Representatives
may request the Government or any of its ministers to attend any of its
meeting; this request shall be acceded to.
Article 77
Sessions of the House of Representatives shall not be valid unless the majority
of its members are present. The House shall take its decisions by the absolute
majority of members present٫ except in cases that require special majorities.
Voting on bills shall be conducted article by article. In the case of a tie٫
the matter under discussion shall be considered rejected.
Article 78
The Presidential Council may not dissolve the House of Representatives unless
it becomes necessary and after holding a popular referendum on the reasons for
dissolution. The decision dissolving the House of Representatives shall include
the convocation of voters and the holding of new elections for the House of
Representatives within a period of time that does not exceed sixty days after
the announcement of the results of the referendum. If the dissolution decree
did not include the above mentioned convocation or if the elections were not
held٫ the dissolution decision would be null and void and the House٫ in this
case٫ shall continue to hold its sessions by the force of the constitution. If
elections were held٫ the new House shall meet within ten days after completion
of the elections. If the house was not convoked٫ it shall meet٫ in accordance
with the constitution٫ at the end of the above-mentioned ten days. Before
holding the elections٫ the Government shall resign and be replaced by a
provisional government until the House meets. If the House was dissolved٫ the
newly elected House may not be dissolved for the same reason. In all cases٫ the
House may not be dissolved during its first legislative period.
Article 79
The Presidential Council has the right to request a review of any bill approved
by the House of Representatives. In such a case٫ the Council shall return the
bill to the House within thirty days after the date it was referred to. The
Presidential Council shall do that through a resolution explaining the reasons
for the request. If the Presidential Council did not return the bill to the
House or returned it and it was approved again by a majority of its member٫ the
bill shall become a law and be issued as such.
Article 80
Laws shall be published in the official journal and announced within two weeks
of their issuance and shall enter into force thirty days after their
publication. However٫ this time limit may be extended through a specific
provision in the law itself.
Article 81
Laws shall apply only to what takes place after their entry into force. Laws
shall not be retroactive. However٫ in matters other than taxes and penal
questions٫ laws may provide otherwise٫ with the consent of two thirds of the
members of the House.
Chapter II The Presidential Council
Article 82
The presidency of the Yemeni Republic shall be exercised by a Presidential
Council consisting of five members to be elected by the House of
Representatives.
Article 83
Candidates for the Presidential Council shall be nominated by a quarter of the
members of the House of Representatives. A candidate shall be elected to the
membership of the Presidential Council upon receipt of the votes of two thirds
of the members of the House in the first ballot. Should a candidate fail to
receive the two thirds majority in the first ballot٫ he shall subsequently be
elected if he receives the absolute majority of the votes of the members of the
House. The election shall be by secret ballot. Other aspects of nomination and
election shall be specified in the rules of procedure of the House of
Representatives.
Article 84
The Presidential Council shall٫ following its election٫ elect its chairman from
among its members for a term of office corresponding to the constitutional term
of office of the Council.
Article 85
A member of the Presidential Council must fulfill the following requirements:
A) He must have attained at least thirty-five years of age.
B) He must have been born to two Yemeni parents.
C) He must be enjoying his full political and civil rights.
D) He should not be married to a foreigner.
Article 86
The chairman and members of the Presidential Council shall take the
constitutional oath of office before the House of Representatives before taking
over their duties.
Article 87
The term of office of the Presidential Council shall be five calendar years
starting at the time they take the oath of office.
Article 88
Should the tenure of the House of Representatives end in the same month as that
of the Presidential Council٫ the Presidential Council shall continue to
exercise its powers until elections are held and a new House of Representatives
begins its tenure. The new Presidential Council shall be elected within sixty
days after the first session of the new House of Representatives.
Article 89
Procedures for the election of a new Presidential Council shall begin ninety
days before the end of the term of the incumbent council. The election of a new
Presidential Council shall take place a least one week before the end of its
term of office. Should the term of office of the Presidential Council end
before the election of the new Council٫ for whatever reason٫ the incumbent
council shall continue its functions at the request of the House of
Representatives for a period not exceeding ninety days. This period may not be
extended except in cases of war or natural disasters or if holding the
elections for the council prove impossible for any other reason.
Article 90
The chairman and members of the Presidential Council may submit their justified
resignations to the House of Representatives. Acceptance of these resignations
shall be by the absolute majority of the members of the House of
Representatives. Should the resignation be rejected٫ the chairman and any
member of the Presidential Council may re-submit his resignation within three
months and the House of Representatives shall accept it.
Article 91
(1) If the seats of the chairman and the members of the Presidential Council
become vacant٫ the Bureau of the House of Representatives shall temporarily
perform the functions of the Presidential Council. If the House of
Representatives were dissolved٫ the Government shall replace the Bureau of the
House in provisionally performing the functions of the Presidential Council.
(2) The new Presidential Council shall be elected within a period that does not
exceed sixty days after the first session of the new House of Representatives.
Article 92
The law shall fix the salaries and remuneration of the chairman and members of
the Presidential Council. No one of them may receive any other salaries or
remuneration.
Article 93
The chairman and members of the Presidential Council may not٫ during their term
of office٫ practice٫ even indirectly٫ any independent profession or any
commercial٫ financial٫ or industrial occupation. No one of them may buy or rent
any of the state''s possessions even in a public auction. Also٫ no one of
them may rent٫ barter٫ or sell any of his possessions to the state.
Article 94
The Presidential Council shall exercise the following powers:
1) It shall represent the Republic inside and outside the state.
2) It shall convoke voters٫ at the fixed time٫ to participate in electing the
House of Representative.
3) It shall call for general referenda.
4) It shall designate someone to form the Government and issue the presidential
decree nominating its members.
5) It shall٫ together with the Government٫ form the general policy of the state
and shall oversee its implementation in the
manner determined by the constitution.
6) It shall convene a joint meeting of the Council of Ministers and the
Presidential Council whenever necessary.
7) It shall nominate members of the National Defense Council٫ in accordance
with the law.
8) It shall issue the laws approved by the House of Representatives and the
Presidential Council and take the decisions necessary for execccuting them.
9) It shall appoint and remove the state''s high civilian and military
officials in accordance with the law.
10) It shall createee military ranks in accordance with the law.
11) It shall grant the medals and decorations provided for in the law and shall
grant permission to hold those medals and decorations granted by other states.
12) It shall adopt decisions of ratification of treaties and agreements
approved by the House of Representatives.
13) It shall ratify٫ after the approval of the Council of Ministers٫ those
agreements that require no approval by the House of Representatives.
14) It shall establish diplomatic missions and appoint and recall ambassadors
in accordance with the law.
15) It shall accredit representatives of foreign states and foreign
organizations.
16) It shall grant the right of political asylum.
17) It shall declare states of emergency and general mobilization in accordance
with the law.
18) It shall exercise any other powers conferred by laws and the Constitution.
Article 95
Should anything happen during the recess of the House of Representatives٫ or at
a time when the House is dissolved٫ that requires urgent action that cannot be
delayed٫ the Presidential Council may take decisions that shall have the force
of law so long as they are not inconsistent with the constitution or the
estimates contained in the budget law. Such decisions shall be submitted to the
next session of the House of Representative. If these decisions were not
submitted to the House of Representatives٫ the House may debate the issue and
take the appropriate action. However٫ if they were presented to the House and
rejected٫ their lawful force shall be nullified as of the date of their
rejection by the House. Their consequences shall be handled by the House in the
manner it approves.
Article 96
The Presidential Council shall٫ at the request of the competent minister and
after the approval of the Council of Ministers٫ take decisions and adopt
regulations necessary for the execccution of laws and the organization of
public services and organs. These decisions and regulations may not have the
influence of obstructing the provisions of the law or exempting anyone from
abiding by them. The Presidential Council may authorize others to issue such
decisions and regulations. The law may designate those who may issue decisions
and regulations required for its implementation.
Article 97
The Presidential Council shall declare a state of emergency by a presidential
decree in the manner stipulated by the law. The House of Representatives shall
be convoked to consider such a declaration of a state of emergency within seven
days after its declaration. If the House of Representatives had been dissolved٫
the old House shall convene by the force of the Constitution. If the House of
Representatives was not convoked and did not consider the declaration of the
state of emergency as specified above٫ the state of emergency shall cease to
exist. In all cases٫ a state of emergency may not be declared except in case of
war٫ internal sedition٫ or natural disaster. A state of emergency shall be
declared only for a limited period and may not be extended except with the
approval of the House of Representative.
Article 98
The chairman of the Presidential Council shall conduct the affair of the
Council and sign its decisions.
Article 99
The chairman of the Presidential Council shall represent the Republic in its
external relations.
Article 100
The chainman of the Presidential Council has the right to request reports from
the Prime Minister on the implementation of the functions of the Council of
Ministers.
Article 101
(1) The chairman of the Presidential Council and members of the Council may be
charrrged with treason or violation of the Constitution or any act on that
prejudice to the state''s independence and sovereignty only at the request of
half the members of the House of Representatives. The decision indicting them
shall be adopted with the approval of two thirds of the members of the House of
Representatives. The law shall regulate the manner in which they are tried.
(2) If all members of the Presidential Council were indicted٫ the Bureau of the
House of Representatives shall temporarily assume the powers of the
Presidential Council٫ until the passing of the court''s verdict. The
above-mentioned law shall be enacted during the first regular legislative
period of the first House of Representatives to be elected following the entry
into force of this Constitution. Should any member of the Presidential Council
be convicted٫ he shall be relieved of his post by the force of the Constitution
without prejudice to any other any other penalties. In all cases there shall be
no statute of limitations for the crimes mentioned in this article.
Chapter III The Council of Ministers
Article 102
The Council of Ministers is the Government of the Yemeni Republic. It is the
supreme execccutive and administrative authority of the state. All
execccutive organs and services without exception shall be subordinate to the
Council of Ministers.
Article 103
The Government shall consist of the Prime Minister and his deputies and the
Ministers٫ all of whom shall constitute the Council of Ministers. The law shall
determine the organization and powers of the Council of Ministers٫ the powers
of the Prime Minister٫ his deputies٫ and the ministers٫ and the functions and
organization of various ministries.
Article 104
The Prime Minister shall selecttt the members of his government in
consultation with the Presidential Council and shall request to receive
confidence in his government based on a program he shall submit to the House of
Representatives.
Article 105
The Prime Minister and ministers are collectively responsible before the
Presidential Council and the House of
Representatives for the work of the Government.
Article 106
Before assuming their powers٫ the Prime Minister and the members of the Council
of Ministers shall take the Constitutional Oath before the chairman of the
Presidential Council.
Article 107
The law shall fix the salaries of the Prime Minister and his deputies as well
as the ministers and their deputies.
Article 108
The Prime Minister and the ministers may not٫ while in office٫ assume any other
public post or practice٫ even indirectly٫ any independent profession٫ or any
commercial٫ financial or industrial job. They may not contribute to any
commitments contracted by the Government or public corporations. They also may
not٫ at one and the same time٫ hold their jobs as ministers and be members of
the boards of any company. While in office٫ they may not buy or rent or barter
any of the state''s possessions even at public auctions. They may not rent or
barter or sell any of their possessions to the state.
Article 109
The Council of Ministers shall execccute the general policy of the state in
the political٫ economic٫ social٫ cultural٫ and defense fields in accordance
with laws and decrees. In particular٫ it shall exercise the following powers:
A) It shall participate with the Presidential Council in preparing the
guidelines for internal and external policy.
B) It shall prepare the state''s proposed economic plan and its annual budget
and supervise their implementation and prepare the state''s final statement.
C) It shall prepare bills and draft decisions and submit them to the House of
Representative or the Presidential Council٫ each according to its competence.
D) It shall approve treaties and agreements before submitting them either to
the House of Representatives or the Presidential Council according to the
competence of each.
E) It shall take the necessary measures to maintain the state''s internal and
external security and to protect the rights of citizens.
F) It shall direct٫ coordinate٫ and review the work of ministries٫
administrative organs٫ and public institutions٫ the public and mixed sectors
according to the law.
G) It shall appoint and remove leading officials in accordance with the law٫ in
addition to formulating and execccuting a policy aimed at the development of
technical cadres in the state''s organs and develop human resources in the
light of the needs of the country٫ within the framework of the economic plan.
H) It shall follow up the implementation of laws and the protection of the
state''s possessions.
I) It shall supervise the regulation and administration of money٫ credit٫ and
insurance.
J) It shall contract loans from and to other parties٫ within the limit of the
state''s provisions of the Constitution.
Article 110
The Prime Minister shall conduct the work of the Council of Ministers٫ chair
its meetings٫ and represent it in all matters related to the execccution of
the state''s general policy. He shall supervise the implementation of the
decisions of the Council of Ministers and the general policy of the state in a
unified and coordinated manner. He may request members of the Council to
provide him with reports on any question related to the work
of their ministries and the powers and functions they are entrusted with٫ and
they shall submit their response to him.
Article 111
The Presidential Council has the right to suspend the Prime Minister٫ his
deputies٫ and the ministers and investigate their actions in relation to any
crimes they may commit during their fulfillment of their official functions or
due to it. The House of Representatives may submit to the Presidential Council
recommendations calling for the suspension of the Prime Minister٫ his deputies٫
and ministers٫ and referring them to interrogation because of crimes committed
during٫ or because of٫ their fulfillment of their functions. The House of
Representatives shall adopt such a recommendation by the votes of two thirds of
its members. Those investigated may not get their services terminated without
starting legal proceedings against them or continuing in these proceedings. The
trial and its procedures and guarantees shall be conducted in accordance with
the provisions of the law which shall also determine the penalty. These rules
shall also apply to deputy ministers.
Article 112
If the Government resigns٫ loses the confidence of the House of Representatives
or is dissolved٫ it shall be entrusted with running the day-to-day affairs of
the country except for appointments and dismissals٫ until a new government is
formed.
Article 113
Should the Prime Minister decide that it has become impossible for him to
cooperate with one of his cabinet ministers٫ he shall report the matter to the
Presidential Council for action.
Article 114
If the Prime Minister becomes unable to shoulder his responsibilities or if the
House of Representatives withdrew its confidence in the Government٫ the Prime
Minister shall submit the resignation of his government to the chairman of the
Presidential Council.
Article 115
Should the majority of ministers submit their resignations٫ the Prime Minister
shall submit the resignation of the Government.
Article 116
Each minister shall supervise the affairs of his ministry and direct its organs
and branches throughout the Republic. He shall execccute the general policy of
the Government within his ministry. The law shall specify the cases in which
the minister may adopt decisions to implement the laws.
Chapter IV Municipal Governments
Article 117
The territory of the Yemenite Republic shall be divided into administrative
units which shall have their own local identity. The law shall determine the
number٫ division٫ and borderline of these units. The law shall also regulate
the allocation of competencies to chiefs of these administrative units and then
of the organs and agencies in these units. The administrative units and
municipal councils shall be an integral part of the state. The governors shall
be liable and responsible to the Council of Ministers whose decisions shall be
mandatory for them. They shall implement these decisions in all cases.
Article 118
The administrative units shall have elected local councils. The
law shall determine the functions٫ powers٫ rights٫ and duties of these
councils. The law shall also regulate the election of the councils٫ organize
their functioning٫ and determine their financial resources and their role in
preparing and implementing the development plan.
Article 119
The law shall specify ways and means of controlling the work of local councils.
Title IV The Judiciary and Public Prosecution
Article 120
The Judiciary is a power٫ independent in the performance of its functions.
Judges shall be independent. In performing their duties٫ they shall be subject
only to the law. Nobody may interfere in any manner in lawsuits or in any part
of the administration of justice. Such interference shall be considered a crime
punishable under the law and subject to no statute of limitation.
Article 121
The Judiciary is an indivisible whole. The law shall determine the judicial
units٫ their ranks٫ and competencies. It shall specify the conditions that
should be met by those who seek judgeships. It shall also specify the
conditions and procedures for the appointment٫ transfer and promotion of judges
and other guarantees related to them. No special courts may be established
under any circumstance.
Article 122
Judges and public prosecutors may not be dismissed except in the cases and
under the conditions specified by the law. They may not be transferred to
non-judicial posts except with their consent and the consent of the competent
council٫ unless this is done as a disciplinary action. The law shall regulate
how disciplinary action may be taken against them. The law shall also regulate
the bar.
Article 123
The judiciary shall have a Higher Council. This Council shall be organized by
the law which shall specify its powers. This Higher Council shall apply the
guarantees granted to judges in matters of appointments٫ promotions٫ and
removals in accordance with the law.
Article 124
A Supreme Court shall be established for the Republic. The law shall specify
its composition٫ competencies٫ and the procedures to be followed before it. In
particular٫ the supreme court shall exercise the following powers: 1) It shall
control and verify the constitutionality of laws٫ statutes٫ regulations٫ and
decrees.
2) It shall decide cases of conflict of competencies of judicial entities.
3) It shall decide electoral challenges.
4) It shall decide appeals against final sentences in civilian and criminal
cases and cases of personal statutes.
5) It shall decide on appeals against final sentences in administrative
disputes and disciplinary actions.
Article 125
Sessions of courts shall be public unless the court decides to make them
private in the interest of public order and ethics. In all cases٫ sentences
shall be delivered in public sessions.
Title V The Republic''s Seal٫ Flag٫ and National Anthem
Article 126
The law shall determine the Republic''s Seal٫ Emblems٫ Medals٫ and National
Anthem.
Article 127
The National Flag shall have the following colors٫ beginning with its upper
part: Red٫ White٫ Black٫ in that order.
Article 128
Sanaa is the capital of the Yemeni Republic.
Title VI Coming Into Force of the Constitution and Its Amendment General and
Transitional Provisions
Article 129
This Constitution shall come into force on the date of its approval٫ in a
general referendum٫ by the people in both parts of Yemen.
Article 130
The Presidential Council and the House of Representatives may ask for the
amendment of one or more of the constitution''s articles. A request for
amendment shall specify the articles to be amended and the reasons for the
amendment requested. Should the request emanate from the House of
Representatives٫ it should be signed by a third of its members. In all cases
the House of Representatives shall debate the request for amendment and decide
on it with the majority of its members. Should the request be rejected٫ no
request for amending the same articles may be submitted before the elapse of
one year after the rejection of the original request. If the House of
Representatives approves the request for amendment٫ it shall begin٫ two months
later٫ a debate on the article whose amendment is requested. If the amendments
are approved by three quarters of the members of the House of Representatives٫
they shall take effect once they are published.
Article 131
On coming into force of this Constitution٫ a provisional Presidential Council
shall be established. It shall consist of the chairman and members of the
Consultative Council and the chairman and members of the Presidium of the
Supreme People''s Council٫ existing in the two parts of Yemen. This Council
shall exercise٫ once it is established٫ all the powers entrusted to the
Presidential Council under this Constitution٫ until the election٫ by the House
of Representatives of a Presidential Council٫ in accordance with the provisions
of this Constitution.
Article 132
The two governments٫ new in office in the two parts of Yemen٫ shall be
considered as havinggg resigned as of the date of the coming into force of
this Constitution. The two legislative councils in both parts shall be
considered dissolved as of that date. The provisional Presidential Council
shall form a provisional government that shall exercise the power entrusted to
the Government under this Constitution until the election of a Presidential
Council in accordance with this Constitution.
Article 133
The Provisional Presidential Council shall entrust the Provisional Government
with preparing the election of the House of Representatives within a period
that does not exceed six months after the coming into force of the present
Constitution.
Article 134
All laws and decrees in force in the two parts of Yemen shall remain in force
in the part in which they were enacted till they are amended in accordance with
the rules and procedures provided for in this Constitution except for those
that are inconsistent with the rights and freedoms granted by the present
Constitution. The laws and decrees that are inconsistent with the rights and
freedoms specified in this Constitution should be abrogated by a decision by
the Presidential Council during the transitional period.
Article 135
The constitutional oath to be taken by the chairman and members of the
Presidential Council and the members of the House of Representatives and the
Prime Minister and the ministers shall be as follows:
"I swear by God almighty to faithfully maintain the Republican system٫ observe
the Constitution and laws٫ and fully serve the interest and freedoms of the
People and maintain and defend the unity٫ independence٫ and territorial
integrity of the Homeland."
Article 136
The Provisional Presidential Council shall issue the electoral law under which
the first House of Representatives shall be elected. This law shall specify the
number of electoral constituencies and the number of inhabitants of each
constituency٫ and it shall delineate the borders of each constituency and the
procedures to be followed by the Supreme Electoral Committee and its subsidiary
committees. The House of Representatives shall review that law during its first
legislative period to be held after the elections in order to approve the
electoral law٫ in accordance with the Constitution.
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© 1994 - 7. Jan. 2004 / For corrections please contact A. Tschentscher.