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Republic of YemenComprehensive National Dialogue Conference
Comprehensive National Dialogue Conference
Report on the Outcomes and Recommendations of the First Phase of
The Comprehensive National Dialogue Conference
Monday July 8, 2013
Republic of YemenComprehensive National Dialogue Conference
In a spirit of national responsibility and the utmost keenness to achieve success for the Comprehensive National Dialogue Conference and its outcomes, the Second Plenary convened its sessions during the period from the 8th of June – the 8th of July, 2013. All political and social constituencies represented in the Conference participated in the Plenary during which reports by the Working Groups were presented and reviewed, commented on, and enriched.
The Working Groups had convened for almost 70 days where they engaged in lengthy discussions characterized by a spirit of consensus that enabled them to produce positive outcome despite the existence of contrasting and conflicting views.
With this session, the Conference reached midway ending the diagnostic phase and launching the most important stage in the conference where the main guiding principles will be produced to lay the ground and features of a new Yemen.
The first phase was characterized by the fact that it provided an opportunity to build bridges of communications between participants from all political and social constituencies - males and females - thereby helping to bring closer the different views to serve the public interest.
During the working sessions of the working groups and the Second Plenary, more than 200 observers visited the Conference from inside the country and from abroad. More than 100 national and international experts presented experiences that benefited the participants in their presentations, discussions and the outcomes of their various working groups.
Republic of YemenComprehensive National Dialogue Conference
In fact, this phase was also characterized by effective community outreach and the positive messages exchanged between the Dialogue Conference and the general public through field visits and various modes of communications including: Direct contacts through civil society organizations, dialogue tents, dialogue ambassadors, the electronic website, social networking pages of the National Dialogue Conference and through all the media outlets.
Working groups presented their reports on field visits and all reflected the needs and views of the people and institutions met. They were all absorbed in the outcomes of the working groups in this stage and in the future stages. Most importantly, were matters related to the frequent power cuts as a result of the deliberate acts of sabotage, restoration of security and stability, curbing of signs of militarization and security breaches and to hold those responsible to account for their actions.
While affirming the need for strict implementation of the Conference’s Resolutions relevant to the implementation of the 20-points issued by the Technical Committee for the Preparation for the CNDC and the 11-points produced by the Working Group on the Southern Issue in the Conference for their impact on the success of the Conference and its future outcomes, we request H.E President Abdu-Rabbu Mansour Hadi, President of the Republic to take quick actions for the implementation of required actions and issue instructions to relevant institutions to implement them through a clear mechanism with a clear timeline and to provide all needed resources in line with the provisions of the GCC Initiative.
Republic of YemenComprehensive National Dialogue Conference
The working groups noted the comments made in the Second Plenary on their reports and reached consensus on revised formulations of their recommendations and decisions. These have been reflected in this report with the view that they are to be adopted in the Plenary. It must be reaffirmed that the decisions and recommendations shall not conflict with whatever outcomes to be produced by the working groups on the Southern Issue, the Sa’adah Issue and State Building.
First: The Southern Issue:
The Working Group arrived at consensual conclusions on the roots and content of the Southern issue in its various political, legal, rights, economic, social and cultural dimensions (annex 1,2).
Second: The Sa’adah Issue Working Group:
The Working Group reached a consensual vision on the roots of the Sa’adah issue and its various dimensions (annex3).
The State Building Working Group:
Political constituencies presented their visions on State building (annex4).
The Rights and Freedoms Working Group:
1. Every citizen has a right to social security if unable to support self or family, as well as, in
cases of inability to work, unemployment and old age to ensure sufficiency.
2. Every individual has the right to life and decent living. Deprivation, restrictions or detraction
from such right is prohibited.
3. The State shall undertake the provisions of training and educational skills development
programs for teachers.
4. The State shall ensure financial, administrative and academic independence of universities,
research institutions and linguistic centers.
5. Private and national education is guaranteed at standards of control aligned with modern
educational policies and the overall plans of the State.
Republic of YemenComprehensive National Dialogue Conference
6. The State shall be obligated to provide full oversight over Arabic, Islamic and social studies
programs for all Yemeni students enrolled in foreign schools as compulsory subjects.
7. The State shall be obligated to pass legislations regulating the rights of persons with
psychological disorders and the provision of healthcare and health services to them.
8. The State shall be obligated to provide indiscriminate emergency health services at times of
war, emergencies and disasters.
9. The State shall guarantee a clean and safe environment and shall take every measure
necessary to provide protection from the harmful impacts on the environment and society.
10. The State shall be obligated to the development of effective mothers and childcare policies
11. The State shall ensure protection of motherhood, childhood and old age and shall care for
the young and youth by providing suitable conditions to develop their talents and capacities.
12. The constitutional provisions shall be clear, detailed and shall not be misconstrued.
13. Dignity is an inherent right of individuals. The State, through its three legislative, executive
and judicial authorities, shall guarantee the respect and protection of this right and shall not
be contravened or detracted from in any case.
14. Equal opportunity is a right guaranteed for all citizens. The State shall ensure that
appropriate measures are taken to realize that.
15. Support for the National Documentation center, expansion and support of its branches in
the Governorates within the framework of a clear priority-based vision.
16. The State shall adopt a national strategy based on internationally agreed upon standards for
the preservation of all forms of popular heritage including handicrafts, provision of support
and preservation from extinction, as well as protection of the popular Yemeni products
economically in the face of competition by exported products and the promotion of tourism
for such a product.
17. The State shall carry-out a scientific classification of the arts in line with known scientific
standards to be integrated into university curriculums.(recommendations)
18. Revival of artistic culture be reinstating art education to the schools and shall include School
Theater.
19. The State shall take the proper measure to achieve:
20. Expansion of youth participation across, social, economic, cultural and political development
of the country.
21. Facilitate the entry of youth to culture, science, technology, arts, sports and entertainment
activities together with providing the right conditions to unleash their creativity in all fields.
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22. The State shall provide protection for all mothers and ensure social protection for her.
23. The State shall act in support of the family and protect motherhood and childhood.
24. The State guarantees a decent standard of living for IDP’s, a shelter, food and drinks, health
and educational services.
25. Emigrants, during the period of emigration, shall enjoy the right to open leave without pay
from their place of work in accordance with the civil service law, together with social
security benefits provided for by laws in force in the country.
26. The capital investment of emigrants shall be given extra privileges and priority in
qualification for investments in investment and industrial towns under government
oversight.
27. The State shall use every mean to facilitate the transactions of emigrants in their place of
emigration, follow-up on their rights, takes care of their interests, promote their
investments and accord them protection.
28. The Government shall adopt all measures to enable Yemeni emigrants to exercise their
electoral rights in places of emigrations.
29. The State guarantees equal protections and due care and not to discriminate on the basis of
disability.
30. The State shall ensure the formulations of plans and adopts national policies to secure the
rights of the marginalized to access decent housing and basic services and provide them with
free healthcare, job opportunities, protection, social welfare and just litigation process to
ensure the right to a decent life and protect their human dignity as an inherent right. It shall
guarantee respect and protection by all States authorities as a mandatory duty.
31. Work is a right, duty and an honor for every citizen to develop society. Every citizen has the
right to a job of choice within the bounds of the law and on the basis of equality,
qualifications, justice and equal opportunities. It’s illegal to force any citizen to do any work.
32. The State guarantees the right of every worker to fair wage, holiday, retirement, social
security and health insurance, provides protection from work hazards and provision of
occupational safety conditions in the workplace.
33. The State shall fix a minimum wage to ensure a decent life for workers, employees and their
families. The law shall also define the wages, salaries, pensions, compensations, assistant
and bonuses to be paid by the State’s treasury.
34. Workers, employees and professionals have the right to organize unions, federations and
cooperative associations by merely serving notice. These entities shall have legal personality
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and should be based on democratic foundations while exercising their activities
independently and freely. It shall participate in serving society, improving the efficiency of its
members and protect their rights. No authority is permitted to dissolve them or impose
guardianship over them unless by a final court judgment.
35. Law shall regulate unions and professional activities, management on democratic basis,
identification of their resource, ways and means of holding members accountable for their
professional behavior according to code of conducts. It’s on that basis that a license to
practice a profession shall be issued. Only one union is to be established to regulate any one
profession. Authorities are not permitted to dissolve any administrative body of a union
unless by court judgment.
36. The State shall ensure all fundamental bases for a decent and free life. It shall ensure
sufficient income, appropriate housing and shall undertake the development of a national
housing plan to be based on social equity. It shall promote self-initiatives, cooperative
housing societies and regulate land use for architectural uses in a manner that would realize
public interest and protects rights of future generations.
37. The State shall guarantee protection of human dignity by providing the minimum level of
food, drinks, clothing, housing, education and health.
38. Free education is a right of every citizens guaranteed by the State.
39. The State shall undertake the provision of technical education and vocational training,
development and promote enrollment on the basis of equal opportunities.
40. The State shall commit to the development of contemporary and modern curriculum
fostering scientific development in all fields, in high quality and in a manner that meets the
needs of development and the labor market.
41. Education shall be compulsory in the basic education stage.
42. Physical and psychological violence in educational institutions shall be prohibited and
violators shall be prosecuted and punished.
43. The State shall be obligated to the development of literacy programs and plans with
contributions from society to achieve this purpose.
44. Foreign schools are prohibited from performing any form of detraction from the States
sovereignty, constitution or laws in all the subjects, events or activities or anything that
would have a negative influence on the Yemeni student’s sense of belonging to and loyalty
to their nation.
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45. he State shall prohibit any medical practice outside licensed institutions and only for those
who have qualifications in relevant medical specializations and licensed by competent
agencies.
46. The State and medical unions shall be obligated to supervise and monitor health institutions,
all health materials and products and health advertisement.
47. The import, use, reception of any substances or waste harmful to the environment and
human beings shall be criminalized.
48. The State shall make it obligatory, on institution performing work or using substances
harmful to the environment and human beings that cannot be substituted, to allocate a
percentage of their income to contribute to the health budget and anti-pollution measures.
49. The State shall be obligated to establish branches of health institutes in the districts of
governorates and give priority to health services in remote areas.
50. The State shall obligate health monitoring bodies and medical unions to hold accountable
institutions and individuals for medical errors, but this doesn’t impact the right of the victim
to resort to the judiciary.
51. Protection of rights for both females and males shall be based on the same basis for equality
and, therefore, the term citizens or citizens shall connote feminine and masculine.
52. The constitution shall not include provisions that refer to the law, a matter which can lead to
gaps to be exploited for restricting rights and freedoms and only within certain confines to
be stated clearly in the constitution.
53. All special and extraordinary courts or, for that matter, any other body that would restrict
the rights provided for in the constitutions shall be cancelled.
54. The preservation of the two Mahari and Socotran languages is a necessity. Actions to ensure
that and to transform them into written languages using the Arab alphabet shall commence
immediately together with the establishment of a unit to teach ancient Yemeni languages in
the universities.
55. The general programs of local Radios in Mahara and Socotra broadcasting in Arabic shall
contain folklore segments and programs (poetry and music) in both the Mahari and Socotran
languages.
56. Antiquities are a sovereign national wealth and shall not be undermined in any part of the
land of the nation. It shall be managed in sovereignty through the States authorities in
cooperation with the local council and the residents of the area where such antiquities are
located.
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57. The State shall be obligated to establish a high council for the protection of antiquities and
historic cities to replace the antiquities authorities and shall be comprised of specialized
antiquities scientists and shall be financially and administratively independent.
58. Regulations of business, buying and selling in historic cities shall be done through a bylaw
issued by the High Council for Antiquities and Historic Cities.
59. Punishments on vandals and smugglers of antiquities and shall be toughened and such
crimes shall be considered capital crimes in consideration that antiquities are a priceless
wealth and protection thereof is a protection of the identity, existence and living memory of
Yemeni history.
60. Local communities shall be considered( engaged) when passing laws or decisions related to
historic cities or antiquities through engagement in qualification and training,
implementation and awareness raising of the importance of antiquities and historic cities
and the benefit to be gotten when they are preserved.
61. Yemeni documents are part of the sovereign wealth of the Yemeni people. The State shall
act to preserve them and to criminalize any tampering, smuggling or destruction of such
documents or any processing thereof outside the framework of specialization (Constitutional
principle).
62. The Government should recover all Yemeni antiquities and documents in existence abroad.
63. The Government shall ensure free access to all documents in the public domain to citizens
and researchers and to make use of them for scientific research.
64. Freedom of thought and opinion is guaranteed. Each individual has the right to express their
opinion verbally, in writing, photography, drawing, sign or any other means of publishing
and expressing.
65. It’s prohibited to imprison any individual or journalists for their opinion. It’s also prohibited
to coerce an individual to express their opinions, thoughts and convictions in any form.
66. Intellectual property rights for individuals and organizations are protected by the
constitutional force.
67. Accessing information, data, statistics, documents or disclosure thereto and exchange is a
right guaranteed by the State for every citizen. The law shall regulate rules for deposit of
public documents, maintenance and access.
68. Individuals, institutions, associations and parties have the right to own and start-up an
audio-visual, printed or electronic mediums by merely serving notice to that fact.
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69. The suspensions, closure or confiscations of journals or printed matters or any other
medium is prohibited unless by a final court judgment.
70. The State shall be obligated to establish an independent high council for the printed, audio-
visual and electronic media to replace the Ministry of Information which relies on
professionalisms and qualifications. It shall comprise representations of bodies, cultural and
scholarly figures and the journalist syndicate and shall be responsible for the regulations of
the profession.
71. The Fatwa shall be rationalized and shall be the domain of an independent Dar Al-Ifta (House
of Edicts) that accommodates diversity of sects and jurisprudence in Yemen from those who
meet the qualifications for issuing Fatwas from amongst specialists. There should be clear
separation of competence of the Judiciary and the Dar Al-Ifta.
72. Reconsideration of the Media personnel wage structure including salaries, health and social
insurances to ensure that the lead a decent life and maintain their dignity, independence
and impartiality (recommendation).
73. The State shall support arts in all its forms.
74. The State shall be obligated to establish a High Council for the Arts comprising of specialized
scholars and shall be financially and administratively independent.
75. Establishment of a high arts Academy for all forms of arts.
76. The State shall foster artists in terms of qualification, employment, health and social
insurance and provide a budget for that purpose (recommendations).
77. Reinstatement of the music as a school subject as it had been in the past (recommendation).
78. For each child, at birth, the right to a suitable name, a nationality, family care, nutrition,
shelter, health services, religious, spiritual and knowledge development. The State shall
abide by providing protection and care when the child loses family, it shall guarantee the
rights of a disabled child, rehabilitate and integrate the child into society. It’s prohibited to
employ a child before passing the compulsory age of education in jobs that are not suitable
for his age or prevents him from continuing education. The State shall take all measures
suitable to ensure protection of the child from all forms of discriminations or punishment on
the basis of the position of the child’s father or the positions of the legal guardian or family
members, their activities, or their expressed views or belief.
79. The State shall undertake the protection of the child from all forms of sexual exploitation.
80. The State shall, for a child with disability, ensure a decent life and promote self reliance. It
shall rehabilitate and facilitate the child’s effective participation in society.
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81. The State shall guarantee the provision of suitable opportunities to enable the
empowerment of youth to utilize their free time and develop their talents and capacity
physically, socially, religiously, culturally, educationally and politically. It shall reaffirm its
support for their projects, their right to housing and assist them to overcome unemployment
by providing all available opportunities for work, decent life and sound growth.
82. The State shall guarantee youth access to information from all national sources, especially
those aiming at promoting youth well-being. It shall ensure freedom of scientific research,
literary, artistic and cultural accomplishment and shall provide means to achieve that. The
State shall provide all types of assistance to advance science and arts and shall promote
scientific and technical innovation and creativity and protect the end results.
83. The State shall ensure the provision of all guarantees for youth in all cases of sickness,
disability, unemployment or lose of provider. It shall, in particular, guarantee that for the
families of martyrs in accordance with the law.
84. The State shall abide by at least 30% representation of women to enable effective
participation in various bodies, and authorities of the State as well as in elected and
appointed councils.
85. The State shall guarantee the right of housing for a divorced woman if she continues to care
for the children.
86. Equality between women and men in blood money and compensation.(Constitutional
principle)
87. Equality of women with men in human dignity and women shall have a civic personality and
financial independence.
88. The State shall ensure rural women participation in development by formulating and
implementing development plans at all levels. It shall facilitate information, advice and
services to women and all forms of training and education including those relevant to
functional literacy. It shall provide economic opportunities, credit and proper agricultural
and technology loans.
89. The State guarantees the provision of all necessary requirements such as physical
protection, economic, social, cultural, civil and political rights.
90. The State guarantees women all civil and political rights and abides by empowering women
to exercise all equal citizenship rights.
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91. he Internally displaced people are a group of people who have been forced to leave their
usual place of residence due to armed conflict, violations of human rights or natural
disasters and haven’t crossed over international boundaries. (Definition).
92. The State shall provide humanitarian aid for IDP’s. An IDP has the right to free movement
and the choice of a place of residence.
93. The State guarantees to act on ending causes of displacement, to secure the return of IDP’s
and provide compensation.
94. The State guarantees the rights of refugees in accordance with international agreements.
95. The State guarantees for refugees the right to litigate cases before the judiciary in equal
footing with citizens and afford them the same treatment of that of its citizens in all aspects
of work and living.
96. The right for the Yemeni emigrant to acquire the citizenship of the country of residence
without giving up their Yemeni nationality.
97. The State shall abide by the rights of persons with disability in political, civic, social,
intellectual and cultural areas. It shall take all measures to ensure access to such rights as
soon as possible and in the least effort possible and at the highest quality. It shall liberalize
all its legislative provisions to align them with international agreements on the rights of
people with disability that Yemen has signed, ratified and has no reservations on.
98. The State shall take all legislative measures to protect persons or specific groups such as
(The marginalized, women, children or persons with disability) from being discriminated
against and to improve their situations.
99. The State shall adopt all appropriate measures to integrate the marginalized in the
educational process, adopt the principle of compulsory education and educational
scholarships in basic, secondary and university education. The authorities shall provide the
cost of the scholarships and allocates a certain percentage of enrollment in military and
civilian Institutes and academies in par with the size of the population.
100. The State shall establish a national body for the marginalized to work for their
assimilation into society.
101. Forced labor, slavery, all forms of subjugation, slave trade, trafficking of women and
children and sex shall be criminalized.
102. The Article of Association of any professional union is the legal reference for the
union until a special law is issued where the article of association shall remain in force
internally.
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103. Education at all levels, basic, university and higher education shall be free in all its
streams levels.
104. The State shall be obligated to provide the appropriate support in the annual;
budget for scientific research to be given to institutions and researchers on the basis of clear
and transparent criteria through a competitive process. A certain percentage should be
allocated to scientific research from profits of investment and commercial activities in the
private sector.
105. The State shall undertake the provision of free medical services for every citizen
including persons with disabilities in all parts of the country and in high quality. It shall
allocate a percentage of GDP to achieve this purpose. It shall be obligated to provide a
medical referral service starting with the health center providing basic services in the village
or sub-district or neighborhood to specialized hospitals or national reference centers.
106. The State shall be obligated to build health units for reproductive health in the
provincial centers and provide all resources such as equipment, specialized medical staff and
application of the medical referral system for critical cases.
107. The State shall be obligated to provide health insurances for its employees and shall
obligate the private sector to ensure workers in this sector.
108. Citizens are equal before the law. Discrimination based on sex, ethnicity, language,
color, creed, profession, social or economic positions, belief, sect, ideology, opinion or
disability shall be criminalized.
109. The constitution shall include a chapter on rights and freedoms consisting of two
sections (one on rights and freedoms and the second: guarantees).
110. The State shall be obligated to establish an independent body , in partnership with
civil society, to defend and protect human rights. It shall have the right to report to the
judiciary and violation of such rights and has the right to intervene in civil cases in support of
the victim or appeal a decision on behalf and to the victim’s interest.
111. Passage of laws allowing capital punishment is prohibited unless for comeuppance and punishments for capital crimes.
112. A rule of capital punishments on crimes committed by juveniles below eighteen
years of age at the time of the crime is prohibited. Anyone who has incited or planned for a
juvenile to commit a crime shall be punished.
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113. Construction in historic cities is prohibited without recourse to specialists and under
their supervision to preserve the aesthetic character and the special features of each historic
city.
114. All services projects (electricity, water supply network and sanitation networks… etc)
in historic cities shall be subject to the supervision of specialists of the High Council for the
Preservation of Antiquities to preserve the city’s elements, basic structures and historic
nature.
115. The Government shall resume work in the center devoted for military documents
and to provide resources including financial resources.
116. Freedom of the press, printing, publications and all other audio-visual and the
printed media is guaranteed. It shall perform its mission freely and independently at the
service of society and to express the trends of public opinion. It shall contribute in molding
and in guiding public opinion within the fundamental principles of the State and society. It
shall protect rights, freedoms, public duty and respect for privacy of the citizens (in
accordance with the constitutions).
117. Media discourse in all media whether written, printed, audio or visual or electronic,
Mosque sermons should adhere to whatever contributes to the safety, sovereignty, security
of the nation and the security of citizens. Incitement of sectarian, racist or ethnic tendencies
or anything that spreads an attitude of hatred or division or incites violence or blasphemy of
the personification of God, messengers or prophets or all religions is prohibited.
118. It’s not permissible to detain a child unless for a limited period of time. The child
should be given legal assistance and detention should be in a suitable place where
consideration for separation between sexes, age, type of offense and distance from adult
detention are considered and shall be referred to the judiciary as fast as possible for
adjudicating their cases. The juvenile shall be treated in prison in a manner proper to their
age and legal status. Penitentiaries shall be organized in such a manner as to make them
place for rehabilitation and reform for inmates.
119. The State shall ensure effective participation of youth in all the State’s political,
economic, social and cultural affairs in all areas by at least 20%.
120. The State shall undertake all proper measures to ensure protection of youth from all
forms of discrimination and position-based punishment or the position of parents or their
activities or expressed opinion or belief. The State shall guarantee proper protection and
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care for the well-being of the youth. It shall take all proper legislative and administrative
measures for this purpose.
121. All forms and types of violence against women shall be criminalized.
122. An Arab national who is married to a Yemeni woman shall acquire Yemeni
nationality following five years of marriage and 10 years of marriage for a non-Arab. Their off
springs shall acquire Yemeni citizenship at birth.
123. The State shall enact all necessary measures to ensure family reunion of Yemenis
working abroad, ensures suitable education for their children, respond to their cultural
needs, social security, maintenance of links and connections with their motherland, and lend
them assistance when returning to their homeland.
124. A constitutional provision to include protection of the rights of the marginalized in
participation and representation by 10% in public jobs and their right to take up senior
leadership positions in all elected bodies, institutions, councils and legislative authorities.
The State shall take all appropriate legal measures to realize that and to ensure their
participation in public, civil and political life and access to decision-making position in equal
footing with the rest of the social groups.
Second: The Working Group on Good Governance
1. The chapter on definitions and concepts shall define the term “citizen" as being the
Yemeni citizen (male and female).
2. In addition to constitutional provisions, a national policy shall be development to reflect
the positive image for women and youth to promote a non-discriminatory culture.
3. The Constitution should provide that no amnesty should be given to senior State and
government officials and to hold everyone to accountability and absolutely no immunity
in corruption crimes and crimes against public rights and shall not be abolished by
passage of time.
4. The Constitution should provide for the independence and transparency of control
organizations and mandates publications of their reports.
5. The Constitution should criminalize violations in government tenders and
procurements and provide for controls and deterrent penalties.
6. The Constitution should provide for criminalization of smuggling of all types.
7. The Constitution should provide for good governance in all government institutions and
civil society organizations.
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8. The Constitution should provide that no taxes, customs, fees or royalties unless provided
for by law.
9. The Constitution should compel oil and gas companies and all investment companies to
practice their activities in an environment friendly matter while criminalizing any
violation thereof. The law should provide for the responsibilities of these companies
towards the communities where they are located.
10. The Constitution should prescribe criminalization of wastage of natural resource and the
need for the application of the principle of international transparency in the extractive
industry.
11. The Constitution should provide for a ban on burial of radioactive, chemical or nuclear
materials in the country.
12. The Constitution should provide for equal opportunities and division of senior State
positions equally between the South and the North on the basis of integrity and
qualifications.
13. Political parties, civil society organizations shall commit to rules of democracy in their
structures and the application of the principles of good governance within the parties
and outside.
14. An independent body staffed by elected non-partisan members with a reputation for
integrity shall be established. It shall register political parties and organizations and civil
society organizations.
15. The Government shall support all political parties and organizations and civil society
organizations from the public budget. Foreign funding for all political parties and
organizations, individual and groups shall be prohibited from receiving any foreign
funding.. Civil society organizations shall also be banned from receiving any foreign
funding for purposes other than development. Political funding of individuals, groups or
organizations shall be criminalized.
16. Criminalization of exploitation of public funds, the media, civil and military institutions in
favor of one party or group. The ruling political party or coalition shall be banned from
sharing the public service jobs below the level of senior political positions.
17. The Constitution shall guarantee the right of association for the people in political
parties and civil society organization to promote the free will of the people. The setting-
up of a political party on religious, sectarian, ethnic or religious doctrine shall be
prohibited.
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18. The Constitution shall guarantee the right of citizens to access information in full
transparency.
19. Women shall be represented by at least 30%, youth by at least 20% in all three branches
of government.
20. The State shall guarantee free basic, secondary (public, technical and vocational) and
university education and quality in line with international standards and shall take
measures to attain that.
21. The State shall commit to provide free health services and to enhance the legislative and
executive frameworks for integrated and comprehensive healthcare services in line with
international standards.
22. A constitutional provision that criminalizes attempts by any authority to undermine the
constitutional or law or to hinder any of its provisions.
23. A constitutional provision to reaffirm full separation of powers and to prevent
dominance of one over the other.
24. A constitutional provision to ensure full separation between branches of Government,
the executive, the legislative and the judicial and to guarantee a balance of power.
25. A constitutional provision that prohibits and criminalizes combining power with
business.
26. A constitutional provision to neutralize the public service and prohibits monopoly or
exploitation.
27. The Constitution shall provide for independence of the judiciary in a manner where the
judiciary would have sole jurisdiction over dispute resolutions of all kinds. And the
establishment of a supreme constitutional court.
28. A provision that members of the Supreme Court and the Supreme Judicial Council shall
be directly elected by a general assembly comprising judges of all degrees and in
accordance with the special electoral system.
Third: The Military and Security Working Group:-
1. The armed and security forces belong to the people of the Republic of Yemen and their
mission is to protect the country and maintain the security, unity, territorial integrity,
sovereignty, and the Republican political system. The State alone can form such forces. it
is prohibited for any person, body, party or an entity or group to create any military or
paramilitary formations, armed groups, or organizations, military or paramilitary under
any title.
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2. The Ministry of Defense is accountable before the people and the state authorities on all
matters related to the armed forces. The law shall define the size, organizational
structure, job descriptions, tasks, functions, human and material structure of all
components, operations theaters, financial and administrative systems, and
transparency of financial oversight and control by the Legislature and the Military
Inspector General.
3. The law shall regulate general mobilization and defines terms and conditions for the
services, promotions, retirement, national defense service and the sanctions and
penalties in the armed and security forces.
4. Review of the current legislations of the armed, security forces and intelligence services.
Legislations shall be enacted to be in line with the new Constitution and the
requirements of the new structures.
5. No actions to authorize referral to retirement shall be taken unless by a clear legislation
framework which defines the term for retirement and entitlements in a fair manner to
be regulated by law.
6. Terrorism is a global scourge that must countered in cooperation with the international
community in a manner that does not undermine national sovereignty, but rather
focuses on cooperation in the training and rehabilitation of the Yemeni anti- terrorism
security and military services through development and armament to improve their
combat capabilities and avoid direct intervention.
7. The Security forces is a formal civilian body which performs its duties in the service of
the people and ensure tranquility, protection of their rights and freedoms and maintain
law and order and public ethics. It shall enforce all laws and regulations and judicial
orders as defined by law.
8. A National Defense and Security Council is to be established. The Working Group shall
define its membership and functions in the next phase.
9. Enactment of laws for the creation of the National Defense and National Security Council
that clarify its tasks and functions. Laws shall be enacted to regulate the armed forces,
general mobilization and conditions, military service, the national defense service and
retirement and pensions for the military.
10. Enactment of a law for comprehensive health insurance coverage and social security for
the armed services, security and intelligence personnel and their families.
11. Repetition of ( 5)
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12. Development of regulations to unify the command, control, and guidance center in the
security and police institutions and the prohibition of discrimination in duties and rights.
The MIS system should be completed together with the installation of an automated
system, connection of hotlines and the provision of necessary equipment.
13. The military judiciary is an independent judicial body in its work, specializing exclusively
in adjudicating in all crimes related to the armed forces, officers and members. The law
shall identify those crimes and defines the other functions of the military judiciary. It is
not permissible to prosecute any civilians before military courts. Members of the
military judiciary are independent, cannot be removed, and shall have all the
guarantees, rights and duties granted to the members of the judicial authorities. Judicial
panels shall have jurisdiction over the officer and staff of the armed and security forces
and non other by adjudicating in all administrative disputes relevant to decisions on
their affairs. The law shall regulate its functions and how its decisions can be appealed.
14. Members of the Military, Security, and Intelligence Services are prohibited from
participation in elections and referendums; whether by voting or nomination for the
elections or campaigning in favor of any candidate as away to protect them from
political infiltration.
15. Criminalization of any partisan activities by members of the military, security forces and
the intelligence services. The law shall specify the severest of penalties, including
stripping of military rank, dismissal from service and treason. Any activity by any political
party, organization, or group in the armed, security and intelligence services shall be
criminalized. The law shall define strict penalties for such acts. The utilization of the
armed, security and intelligence services in favor of any political party, group or
individual shall be prohibited. They shall be shielded from any form of partisan affiliation
to ensure neutrality. Military commanders shall be subject to financial disclosure to
protect public funds and to combat corruption.
16. The Military, Security, and Intelligence Services shall respect human rights and freedoms
and international conventions and agreements that do not contravene the sovereignty
of the country.
17. The President, Prime Minister, Speaker of the legislature, Minister of Defense, the
Minister of Interior, or the heads of Intelligence bodies are not allowed to appoint any
of their relatives, or in-laws, up to the fourth level, in any leadership positions in the
Military, Security, and Intelligence Services during the period of their tenure in office.
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18. Develop a military doctrine for armed forces derived from constitutional principles so as
to become a national and professional army, loyal to God first and to the Nation.
19. Members of the armed and the security forces legitimacy and full protection during their
performance of their duties are derived from compliance with the constitution and the
law.
20. The subordination of the Moral Guidance Department in the new structure shall be
under the direct authority of the Minister of Defense. This is to ensure the activation of
its role and activities of the Moral Guidance and Military Media of the armed forces,
development of programs, events, and activities to improve morale and discipline and
consolidates national unity. There should be a study of the underlying causes and
negative effects of low morale and lack of discipline, low level of fighting skills and
training. Negative phenomena shall be analyzed and solutions shall be developed in
coordination with commanders of these forces, military regions and units. The objective
of that is to promote high morales amongst personnel of the armed forces, enhance
their positive role, cultivation of their skills and talents, guide their behavior towards the
strengthening of patriotism, which will eventually raise the preparedness of the armed
forces and create a national military doctrine. Islam, as a moderate, fair and tolerant
approach shall be at the core of the new military doctrine, the core and substance of
military education and awareness to enhance morale of the armed forces removed from
sectarian, partisan, and regional discrimination and divisions.
21. Control and regulation of the financial expenditures and disbursements as to be in
accordance with the law and specific budget and its provisions and procedures. Finance
shall be independent from the control of military and security commanders. End
wasteful expenditure and disbursements made under the pretext and justifications of
bonuses.
22. Deterrent punitive actions should be taken to reduce the imbalances and financial and
administrative corruption within the military and security forces (such as the
recruitment of children, shadow soldiers, drop-outs with active salaries, those allegedly
on missions, strict control over the process of transferring soldiers, and those seconded
such as those assigned to be bodyguards in contravention of the law. Salaries,
deductions or entitlements unpaid directly to the soldiers or the rank and file shall be
returned to the public treasury. Work to end double dippers in the military, security
forces and the civilian sector should be accelerated through the use of modern
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technology, including the introduction of a functional fingerprint scheme in the military
and security forces.
23. Speedy release of all prisoners and detainees held in intelligence services prisons in
contravention of the law such as those who have already finished serving their
sentences, those held without trials or those held for political reasons.
24. Move juveniles who were convicted by court to juvenile detention centers. A decision to
establish a juvenile reformatory in cases connected with national security or terrorism
should be urgently enacted. Those under legal age should be moved to this new facility
to ensure psychological reform and rehabilitation. They should be given religious
rehabilitation to educate the detainees on moderate Islamic and Shariya’a scholarship in
a manner that doesn’t conflict with the curriculums of the Ministry of Education. They
should be given post-secondary school vocational and academic rehabilitation like a
community college. The reformatory should be supervised by the judiciary to ensure
their rehabilitation and reintegration in society.
25. Removal of the military camps from urban areas in parallel with the disarming of all
militias and armed groups.
The Working Group also produced a number of recommendations included in annex (5).
Fourth: The Working Group on Development:-
1. Capable and knowledgeable linkages with the information age to achieve positive and
sustainable transformation to knowledge production, and effective utilization in cultural,
economic and social structures.
2. Focus on the tourism industry; provide the financial and technical base for exploiting the
climatic, geographical and environmental diversity of the country to develop a prosperous
and sustainable tourism industry.
3. The State guarantees welfare of women and youth, qualification and nurturing their
spiritual, moral, cultural, scientific, physical, psychological, social and economic development
and to enable effective youth political participation.
4. The State shall be obligated to provide care for persons with special need and provide job
opportunities in a welcoming environment that facilitates social integration. The State
should promote social awareness on disability and facilitates access for person with
disabilities to public facilities.
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5. Establishment of social security systems and networks, both governmental and private, to
ensure decent life to an individual and to enable them to overcome poverty by gaining
human skills and utilization. Spending should be directed to achieve such purpose by
providing government and public sector employment when needed and by providing high
quality public services.
6. All forms of compulsion and coercive exploitation of individuals are prohibited. The law shall
criminalize such acts.
7. Economic and social policies shall be harmonized with modern and advanced mechanism,
organizational and administrative structures to facilitate removal of the gap between rural
and urban areas.
8. The State shall develop policies and legislations to ensure rational use of water resources
and prevent depletion.
9. The State shall develop policies and strategies to reduce poverty and unemployment and to
ensure implementation.
10. Yemeni society should be based on social solidarity on the basis of equal citizenship,
brotherhood, tolerance, diversity and recognition of the other. It shall reject extremism,
excessiveness, violence, hate culture, division and war.
11. The individual is the foundation of society and family is the social unit in society on the basis
of religion, moral, noble human values and respect for individuals and love for the nation.
12. The listing of specific rights in the constitution shall not be interpreted as a denial of
enjoyment of other rights by the people nor undermines such rights.
13. The State shall guarantee the civil, political, economic, social and cultural rights of women. It
shall be obligated to empower women to exercise their full rights on the basis of equal
citizenship and remove all discriminations. It shall protect women from all forms of violence
and inhuman acts and shall pass laws to realize them.
14. Private lives of citizens have sanctity and privacy is guaranteed. It's is not permissible to
monitor, confiscate or peruse postal correspondence or wireless, electronic, telephone or
any other mean of communication unless by court order justified by law and for a specified
period of time.
15. Homes have sanctity, with the exception of hazards and stress, and is not permissible to
enter or inspect or surveillance of home unless by court order with justification that defines
the place, time and purpose of such act. Residents of a house have to be alerted before
entry or inspection
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16. Access to information, data, statistics and documents and disclosure thereof is a right to be
guaranteed by the State for every citizen in a manner that doesn't undermine the sanctity of
private life, rights of others and contravention of the law. The law shall regulate the rules for
deposit of public documents and maintenance thereof, ways of accessing information and
appeal refusal of access and the subsequent accountability
17. The State shall abide by the principle of full and clear separation between the three powers
of government as a constitutional provision governing the functions and mandates of the
three State's powers- the legislature, Executive and Judicial.
18. Activate the role of the State in natural resources management (national resources) such as
oil, gas, water, fish wealth and other natural resources. Regulate the use and never give
agencies to intermediaries to manage such resources. Rationalize the use of natural resource
to secure the rights of future generations. Diversify the sources of fund for public finance of
the State.
19. Reconsideration of the concept of social and economic justice and to strength the concept of
partnership, diversity of economic sectors and ownership to the public, private and mixed,
cooperative and national and shareholding companies and development the concept to
enable the achievement of sustainable social, economic and development tasks.
20. The Government shall abide by its main roles in the development of strategies and
implementation of public programs in infrastructure, especially in education and health and
engage the private sector and civil society organizations in such programs.
21. Mobilize effort by individuals in strong organizations able to effectively engage in social and
economic activities to play a positive role in influencing public policies.
22. The State shall ensure protection of motherhood and childhood and provide free healthcare
services, especially for rural and remote areas.
23. The State shall proved healthcare for juveniles and other individuals unable to care for
themselves for any reason. The State shall provide assistances and rehabilitation to serve
their interest and the interest of society.
24. The State shall endeavor to advance, develop and improve infrastructures to meet the needs
of development and to engage the private sector in order to create competition and
investment within a clear legal framework.
25. The State shall promote cooperatives, saving and the establishment of cooperative, charity
and development enterprises of all types. It should also establish the legal framework for
regulation and protection of these enterprises.
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26. The law shall define the salaries, pensions, compensations, assistance and bonuses to be
paid out by the State's treasury. The State shall endeavor to link salaries to production and a
decent living standards. It shall guarantee the minimum level of salaries and pensions and
shall establish the maximum level where no one shall be given an exception unless by law
27. The State shall abide by combating corruption of all its forms and shall criminalize any act in
connection with corruption and shall act to promote the principles of good governance.
28. Endowment have sanctity and the State shall protect endowments and shall, through an
independent body, act to revive the role of endowments, promote it and develop its
resources and utilization to achieve the intents of Shariya’ah and the social and economic
function of endowments according to the law and type of endowment.
29. The State and all individuals in society shall protect and maintain all archeological, historic
sites and natural conservation. Any tampering or vandalizing such sites and monuments
shall be considered sabotage and aggression on society. Anyone found to have committed a
violation or sold any artifact shall be punished by law. The State shall make every effort to
develop tourism activities, develop and protect its security and shall work spread awareness
and education in the community on the importance of tourism and archeology from the
economic, development and cultural perspectives and the position they have created for our
people amongst the people of the world
30. The State shall ensure preservation of the natural, human and architectural environments
and shall exercise care during the development process not to undermine the needs of
future generations for such natural resource.
31. The State shall ensure decent livelihood and clean water and shall work at addressing the
housing problem through a national housing plan and shall regulate State’s and individual
land uses by developing architectural plans with consideration not to damage agricultural
areas. The State shall protect private property and the rights of the vulnerable and shall
promote investment in housing and vertical construction.
32. The State shall devote special attention to agricultural and fisheries development by
increasing production to achieve self sufficiency and export of surplus. The State shall enact
all necessary measures to development water resources, rationalization of the use of water
and shall develop a national plan to limit Qat production by providing appropriate incentives
for alternative crops. It shall spread community awareness on the significance of water and
the State shall ensure protection of the marine environment and promote its resources.
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33. When imposing taxation and levies, Consideration should be given to achieving social
equality between the citizens in the distribution of income and prevent concentration of
wealth and exchange within confined segments of society.
34. The executive branch is prohibited from signing loans or providing guarantees or engage in
any project which will have a burden on the State's treasury in any given year or years unless
approved by the legislative branch.
35. Public confiscations of properties is prohibited and private confiscation is unlawful unless
through a final court judgment.
36. The right to inheritance is guaranteed in accordance of the Islamic Shariya'ah and shall be
issued in law.
37. The State shall work for achieving technological and informatics development in all fields
including information technology and liberalization from all constraints. It shall promote
sufficient competition and investment in the field in parallel with level of education and
scientific research to achieve advance scientific and economic development
38. The State shall work to ensure that the public budget achieves the social and economic
objectives of society and development priorities. It shall ensure that the budget is based on
transparency and accountability to enable natural resources producing areas to have
efficient benefit from their resources. The legislative Authority has the right to amend the
budget to serve public interest and protection of public funds.
39. Allocation of a sufficient percentage of the State’s budget for the three types of education.
40. Enactment of legislations to regulate education and to prohibit partisan political activism in
the educational system of Yemen.
41. Development of a national plan with a specific timeframe for the eradication of reading and
writing illiteracy.
42. Development of policies to ensure quality education and good management.
43. Promotion of scientific research and development of mechanisms and the expansion of
scope to contribute in enhancing development and uplifting the economic standards.
44. Use of Information Technology and Telecommunications (ITC) in the educational process and
adopt eLearning in all stages of education.
45. Education planning to correspond to the needs of future development and labor markets
locally and abroad.
46. Obligate the state to provide the proper educational services to the people with special
needs.
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47. Universities shall be financially and administratively independent and the principles of good
governance shall be adopted.
48. Mandate the government to provide adequate incentives and favorable environment for
girls’ education.
49. It is important that job descriptions for all the educational areas: technical, administrative
and educational aspects are provided.
50. Obligate the State to attend to and develop early childhood.
51. The State provides facilitation services to enable women to harmonize between their
domestic duties and public post and enact legislations to protect women’s health and family
privacy.
52. Draft regulations to ensure the academic freedom of professors, university students and
researchers in the higher education institutions as per the Constitution.
53. Culture and cultural development are indispensable for sustainable development and an
essential tool for good governance, informed decision-making and for promotion of
democracy.
54. The State shall safeguard cultural, historical and linguistic components of society and
improve education and science to keep abreast of the latest developments.
55. The State shall advance science, arts and literature, sponsor talented, creative and
innovative people protect their innovations and creativity and work toward applying them
for the good of the society. It shall further provide the cultural infrastructure and cultural
services and the establishment of cultural centers at the governorate and district levels.
56. Freedom of thought and creativity of all forms are protected, every individual have an
inherent right of expressing an idea or creativity verbally or in writing, photography or
drawing or through any other mean of publication and expression. There shall be laws and
legislation passed to guarantee realization of this right.
57. Establishment of a general knowledge model which is genuine, open and enlightened based
on learning from the development of human knowledge and its dynamic horizons. It shall
also be based on promotion of innovation and shall be revered. The Arabic language shall be
uplifted and have an efficient presence of Yemeni cultural heritage in school curriculums and
all other forms of expressions. Cultural diversity shall be enriched, supported and celebrated
to maintain the freedom of society and protects its identity.
58. A high level body shall be established to preserve cultural, civic and architectural heritage
with oversight over collection and documentation, preservation of assets of, all types and
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forms, in all parts of the country equally. The Commission shall be active in documentation
of anything related to the collective memory of Yemenis. The State and all individuals in
society shall protect and maintain all historic and architectural sites and monuments and
shall endeavor to regain everything that has been looted. Any tampering or vandalizing of
historic sites or monuments shall be considered sabotage and aggression on society. Anyone
found to have violated or sold such artifacts shall be punished by law.
59. A High Council for Culture, arts and Literature shall be established. It shall enjoy full
autonomy, neutrality and legal personality. It shall promote the tasks of ensuring the
freedom of though and creativity and to preserve intellectual property, literary, artists and
cultural achievements and makes available all means to realize this. It shall provide all
assistance to promote advances in science, arts and literature and shall nurture cultural
industries used in the production of culture and arts and in the dissemination thereof,
starting with traditional industries up to electronic industries, support trends in cultural
endowments and encourage private investment in culture and new mediums. Taxes and
Customs duty and any other levies on book and book inputs shall be exempted and
legislations to realize this shall be enacted.
60. Establishment of the High National Education and Scientific Research Council. The Council is
to enjoy autonomy, neutrality and legal personality. It would have the function of
development of a national education strategy for all types and stages of education, achieve
complementation between them, promote scientific research and develop national
educational and scientific research quality assurance. The council shall promote inventions
and scientific innovations.
61. Allocation of higher and sufficient funding for scientific and cultural research as a share of
GDP.
62. Every citizen (male and female) has the right to high quality education; where all stages of
education are free in all States educational institutions. Basic Education shall be compulsory
and the State should take measure to extend the mandatory nature to other stages of
education. The State shall have oversight over all types of education and shall be
responsible for technical and vocational education and promotion thereof. All public,
private and other educational institutions shall comply to the States educational plan and
objectives, in as far as linkages between education and needs of both society and
development are concerned.
63. The State shall make a higher and sufficient funding as a share of GDP for education.
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64. Work is a right, a duty and honor for every citizen. The State shall guarantee work on the
basis of equality; justice and equal opportunity. It shall be illegal to force any type of work on
individual unless required by law. Public servants shall work to serve the people. The State
shall offer public jobs to people on the basis of qualification avoiding cronyism and
favoritism. Violation of this principle shall be punishable by law. The State and the private
sector shall ensure the right of workers to fair wages, holidays, retirement, social security,
healthcare, protection against occupational hazards and provision of occupational safety in
the workplace in accordance with the law. It shall be illegal to dismiss a worker unless such
act is in compliances with situations described in the law. All forms of protests are a right
and shall be regulated by law.
65. Every citizen (Man and Women) have the right of enjoyment of a decent living standard
including the right to housing.
66. Each child, immediately after birth, shall have the right of care, basic nutrition, shelter,
healthcare and emotional and educational development. The State shall commit to the
welfare and protection of a child if the child loses his/her parents and shall ensure the rights
of children with disabilities, rehabilitation and social integration. It shall be illegal to engage
a child in work not compatible with his age or prevents the child from pursuing education. It
shall be illegal to detain a child unless for a specified period, legal aid is provided and
detention is in a suitable place where age, type of crime and distant from adult detention
centers must be considered according to law.
67. The State shall make a commitment to provide care for senior citizens and the elderly and to
care for them by providing senior citizens homes to protect their dignity.
68. The State shall commit to provide welfare to orphans and to protect them in orphanages,
provide rehabilitation services, preserve their dignity and enable them to enjoy their full
human, social, economic, cultural and civil rights.
69. The State shall endeavor to provide a suitable pension for all of those who are not covered
by the social security system. This shall be regulated by law.
70. The State shall enact all legislative, institutional, policies, economic and social measures to
eradicate discrimination against the marginalized groups and to integrate them in
development and shall empower them to exercises their rights in equal citizenship.
71. Citizens have the right to form associations and private institution and to establish unions,
federation and cooperatives by merely serving a notice. They shall exercise their activities
freely and shall enjoy legal personality. It's unlawful for authorities to dissolve or dissolve
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their bodies unless by a final judicial judgment. Law shall regulate their management on
democratic basis and hold the members of such bodies accountable for their behavior in
exercising their professional duties according to the code of moral conduct.
72. Exercise of sporting activities is a right for all. State and community institutions shall discover
and nurture talents in sports. Appropriate measures shall be adopted to promote sports and
popular sporting teams.
73. An independent high economic, social and environmental council shall be established. It
shall support participation of various groups of society in the preparation and development
of political, economic, social and environmental policies and to promote social dialogue. The
law shall regulate the function of the council.
74. The State shall be responsible for mitigating the impact of natural disasters and public
adversities and shall establish a special fund for response to natural disaster.
75. The State shall commit to the development of a comprehensive plan to eradicate illiteracy
and dry out its sources for all ages, males and females in both the rural as well as urban
areas. The implementation shall be jointly shared with the community during a medium
term timeframe starting on the effective date of the new social contract.
76. Full representation of the people through transparent institution, disclosure and
accountability before all the people and to ensure peaceful transfer of political power.
77. Citizen’s participation (males and females) in public life is a national duty. each citizen has
the right to vote, run for office and to express an opinion through referendum. The law shall
regulate such rights these rights directly. The State shall be obligated to inscribe the name of
every citizen in the voters database without request when conditions for a voter are met.
The State shall ensure the safety neutrality and integrity of referendum and elections. The
intervention of the States institutions to influence referendums and elections is a crime
punishable by law.
78. Women shall be politically empowered with at least 30% representation in various decision-
making levels in elected bodies.
79. The Supreme Elections and Referendums Commission shall enjoy full autonomy, neutrality,
transparency and shall be subject to accountability. It shall have a legal personality.
80. Citizens, males and females are equal before the law, equals in public rights and duties.
There shall be no discrimination on the basis of religion, sect, opinion, ethnicity or lineage,
sex, color, class, profession or economic or social status.
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81. Dignity is a right for every individual of which the State and society shall guarantee respect.
It's a crime to enslave a person and is illegal in all cases to humiliate any individual or hold in
contempt or degrade his humanity. All forms of discrimination, racism, social division and
forced labor are banned. It's illegal to imprison anyone arbitrarily
82. A human body has sanctity and is unlawful to trade in body organs. It's not permissible to
conduct medical or scientific experiments without the free and documents consented of the
individual and in accordance with established principles in medical sciences in a manner
regulated by law.
83. Houses of worship and scholarship have sanctity. Their utilization for purposes other than
those for which they were established shall be criminalized. It is prohibited to monitor or
inspect them unless by a court order with justifications.
84. Rights of movement, residence and migration are guaranteed. It’s not permissible to banish,
exile or strip the nationality of any citizen or to prevent them from returning to the State or
to leave it or to hold them in house arrest unless by a final judicial judgment.
85. Prison is a reform, disciplinary and rehabilitation facility and shall be subject to law and
judicial oversight. All acts verbal or otherwise in contravention with the law and conflicts
with the human dignity and rights or subject the prisoner’s health to risk is banned.
Establishing a private prison is a crime and no citizens shall be held in confinement in
violation of the law.
86. With the exception of being caught red-handed, it is not permissible to arrest anyone or
search or prevent from movement or restriction of freedom in any form unless by justified
judicial order as required by an investigation. Anyone held in confinement shall be informed
of the reason in writing within twelve hours of detection. Thereafter, the individual shall not
remain in detention without orders of a judge and shall be presented to the investigative
authority within 24 hours from the start of detention. An investigation shall not be
conducted unless in the presence of a lawyer selected freely unless one has been designated
for this purpose. The individual has the right to contest his detention before the judiciary
which shall look into the petition by the individual in detention within a week, otherwise the
individual must be released. Law shall regulate provisions of precautionary detection,
duration and reasons and cases of entitlement of compensations and performance in
replacement of detention or for serving a penalties for which a final judicial judgment has
been made to cancel the execution of the sentence and shall work to cancel all courts of
special nature
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87. Anyone arrested or detained or freedom has been restricted by any legal means shall be
treated in a dignified manner. Its unlawful to torture, terrify, coerce or abused physically or
mentally. Confinement must only take place in decent places, humanity and health and
under judicial oversight. Violation of any of the above is crime for which the perpetrator
shall punished in accordance with the law. Any statement made under the duress of any of
the above or under threats shall not be held against the individual.
88. he establishment of a national commission on human rights enjoying full autonomy,
neutrality and legal personality. The commission shall be vigilant for the respect of human
rights and freedoms by State institutions and political groups or any public or private
institution, as well as any other body performing the function of a public facility. Any
individual can notify the Commission if he/she feels has been mistreated by any public
facility or agency or notify itself, according to conditions regulated by law. The law shall
regulate the functions of the Commission and the way it can intervene. The members of the
Commission are to be appointed for a five-year term non-renewable. The Chairman or
members of the Commission shall not qualify for membership of the Government or any
representative Council
89. Freedom of the press, printing, publication and all other media are guaranteed. It shall
perform its mission freely and independently to serve the society and express the various
trends of public opinion. It shall contribute to the formation and guidance within the
framework of the main guiding principles of the State and society. It shall protect rights,
freedom and public duties and respect the sanctity of private lives of the citizens. They shall
not be suspended, closed or confiscated unless by a final judicial judgment. Censorship on
materials published by the media is banned, exceptions are specific censorship at time of
foreign aggression.
90. Freedom of publishing or establishment of an audio-visual or digital medium and ownership
of all types of media thereof by any Yemeni citizen - natural or legal, is guaranteed by merely
serving a notice.
91. A National Council for Press and Media shall be established. It shall enjoy full autonomy,
neutrality and the status of a legal personality. It shall maintain the freedom of opinion and
expression, the press, printing and publishing and the freedom to issue or run media
channels of all types. It shall endeavor to uplift the performance of the media and provide
media and cultural services.
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92. Activation of the leading role of the State in sustainable economic development and the
social dimension. Pass laws and legislations, put in place effective mechanisms and controls
and create deterrent control mechanisms.
93. Activate legislations related to civil society organizations to serve transparency in their work
and resources and to prevent the spread of shadowy organizations and enhances the
structures and performance of such organization to serve the nation and society in follow-up
and monitoring.
94. Enhance the private sector engagement and develop its institutions and partnership bodies
between all sectors and coordinate between them to enable the private sector to play its
leading role in economic life in a competitive economy based on social responsibility.
95. Creation of a strong social safety net with wide coverage in insuring pensions, health care
insurances, work injuries, insuring against disasters and protecting the vulnerable groups
such as orphans, women, the low income and those with special needs with the
participation of the State, the private sector, civil society organizations and individuals.
96. Engage civil society organizations and the private sector in the planning and identification of
projects needed by local communities in various development areas.
97. The State shall endeavor to create a stable environment, political, security, economic and
social, to maintain social stability and the provision of sustainable development
opportunities.
98. Healthcare is a right of every male and female citizen.
99. The State shall allocated a sufficient share of the public budget to healthcare.
100. All health public and private health facilities shall provide various types of
treatments to anyone in cases of emergencies and life threatening situations.
101. Every male and female citizen has the right to live in a health and sound
environment. The State and individuals in society shall commit to the preservation of the
environment and protection from pollution and sustain the use of natural resources to
ensure prevention of harmful effects and that the rights of future generations are preserved.
102. The State shall ensure that every male and female citizen have means to access
basic necessities for life such as clean water and healthy food.
103. The State shall promote the establishment of hospitals, clinic and treatment centers
according to the rules set by law.
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104. The State should be responsible for prevention and treatment of epidemics and shall
be responsible for all preventive and treatment measures to deal with the spread of
epidemics, natural and humanitarian disasters.
105. The State shall endeavor to achieve food security and the provision of the needs by
the people for basic commodities and shall enact whatever measures deems appropriate to
that end.
106. The State shall foster and promote all types of investment activities and all types
industries. They shall be given privileges and facilities. Special attention should be given to
small and medium scale enterprises. Legislations that promote, develop and protect such
industries shall be enacted.
107. The State shall protect and develop savings and social security and pension funds
through investment in economic activities in promising and minimum risk sectors.
108. Public funds and properties have sanctity, where the State shall maintain and
protect and all individuals in society shall protect. Any vandalism or attacks shall be
considered sabotage and attack on society. Anyone violating such sanctity shall be punished
in accordance with the law. The State shall protect its seas, waterways, coasts, islands,
exclusive economic zones and marine wealth from tampering, looting and over-exploitation
in a manner that threatens national security.
109. The law shall regulate the official currency, financial and banking system and shall
define standards, measurements and weights. The Central Bank shall be independent from
the Executive Authority.
110. Women have an effective role to play in economic and social development. The
State is responsible for empowering women in investment opportunities and economic
development projects, whether by individuals, organizations or joint enterprises. The State
shall provide support and care and encouragement in all areas
111. The State shall abide by a comprehensive strategy to build dams and maintain them.
112. The State shall abide by rehabilitating the public sector, services and agricultural
cooperatives and corporations and factories destroyed or looted in the south since the 1994
war which were the main livelihood source for the majority of sons of the South
113. The State shall foster appropriate measures to promote the establishment of public
shareholding companies in all economic sectors and infrastructure projects to achieve social
equity.
114. Reinforcement of the national, Arab and Islamic identity in the school curriculums.
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115. Enactment of regulatory legislations in education and criminalization of politicization
of the educational system in all its types (management, curriculum and training).
116. Obligate the Government to provide care for the talented and advanced students,
be attentive to creativity and innovation and the establishment of specialized centers for the
purpose.
117. The State shall guarantee free education in all stages and type of education.
118. Enactment of legislations providing for compulsory basic education.
The Transitional Justice Working Group:-
1. The Working Group on Issues of National Dimensions, National Reconciliation and
Transitional Justice shall develop the principles and legal determinatives of the transitional
justice law for adoption before enactment of the law.
2. The State shall commit to compensation and reparation for all victims of terrorism
operations and the civilian and military victims of mistakes by the anti-terrorism operations
in all governorates and establish memorials for them.
3. The formulation of a comprehensive national strategy to fight terrorism, enact a special anti-
terrorism law according to determinants to be development by the National Dialogue
Conference in the next phase. Extrajudicial killing should be criminalized including those by
drone strikes or guided missiles. The confinement of the accused for long periods without
trial should be criminalized. Former detainees on terrorisms charges who were not
convicted shall be given name clearance and compensation. Implementation of
rehabilitation and reintegration programs. The Guantanamo detainees should be accorded
appropriate attention.
4. Formulation of constitutional and legal provisions relevant to transitional justice in a clear
and concise form to avoid misinterpretation.
5. The State shall commit to compliance with international rules and standards when designing
and implementing the transitional justice processes and mechanisms. This should be
effectively realized and sustained to allow for the implementation of transitional justice,
achieve national reconciliation and ratification of all relevant international human rights
conventions in transitional justice programs and processes.
6. The State shall respect the right of citizens to peaceful protests and expression of opinion. It
shall protect this right through legislations that ensures protection of the citizens and to
prevent violations of human rights in the future.
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7. Commit all State institutions, bodies and executive, legislative and judicial organs to disclose
information. Date and document relevant to violations of rights and freedoms of citizens.
Hold accountable anyone who conceals or neglects to disclose and unveil the truth by
providing everything they have in their possession or what they know through their former
post and under their responsibility during their current jobs.
8. All victims of violations should be treated equally without discrimination on the basis of
place or time.
9. Commit to mandating the Truth Commission full powers to disclose all cases of forced
disappearances and all violations of human rights according to the law.
10. Admission of the violations without justification and institutional apology for all human
rights violations.
11. Victims of violations, forced disappearances shall receive fairness and reparations in a just
manner.
12. Institutional reforms of State institutions involved in human rights violations to ensure non-
repetition of such violations.
13. Compliance to standards of the International Humanitarian law, international human rights
conventions and investigations by the Un High Commission for Human rights and
recommendations by the UN Human Rights Council in the establishment of inquiry
commissions, investigation and litigation procedures, provision of technical , procedural,
financial and political support for immediate initiation of a process to achieve that, in a
manner that ensures speedy and fair implementation to punish those convicted and
reparations for the victims.
14. Compliance with the UN Anti-Corruption Convention.
15. The State shall commit to asset recovery of all looted funds and public and private lands in
the country and abroad arising out of the abuse of power or exploitation of power, theft or
fraud or any other illegal mean to ensure the right of the victims and society by holding
accountable the looters administratively and judicial in accordance with national and
international standards and in a manner that ensures the enactment of legislations
preventing illegal disposals of properties, land and funds.
16. Reforms of the legal framework for land management, specifically quick actions to enact the
land registrations law being considered by the Parliament since 2007 and other relevant
legislations.
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17. The State shall commit to the establishment of special judicial commissions to address land
issues and those forcibly dismissed or retired and military or civilian commissions in all
governorates and obligate these commissions to publish their findings.
18. Military, security and intelligence organizations shall be neural as national professional
institutions that do not intervene in political or civil affairs. Their missions should be
manifested in the protection of the security of the nation and citizens and the maintenance
of national and social peace.
19. Consideration of previous conflicts part of history where all parties to these conflicts have a
shared responsibility. Anyone who have been subject to abuse and fallen victim to a political
conflict at any stage during the rule of partition or union should be vindicated. All rights of
those affected victims of political conflicts at the level of the two parts- North and South,
starting 1962 in the North and 1967 in the South and up till now should be reaffirmed. This
shall not be construed as being a condemnation or a trial of the two September and October
Revolutions.
20. The State shall speed up the implementation of the 20-points presented by the Technical
Committee for the Preparation for the National Dialogue Conference and the eleven points
developed by the Working Group on the South.
21. Include the 2007 human rights violations as part of the agenda of the Transitional Justice
Working Group.
22. Carry out appropriate investigations and fact finding operations to uncover cases of forced
disappearances during previous political conflicts and the fate of the victims. Remains of
those who have died should be handed over to their families. Victims should be treated
fairly and vindicated. National memory should be eternalized and all required actions to
prevent repetition of tragedies of forced disappearances should be taken.
23. An autonomous body to recover looted funds, public and private land inside the country and
abroad should be established and given exceptional powers to act.
24. Establish similar judicial commissions to address land issues like that set-up for the Southern
Governorates in all other Governorates.
25. All political parties and civil society organization and other actors represented in the
National Dialogue Conference commit to denouncing terrorism acts in all forms, types and
justifications. They shall commit not to glorify such acts religiously, politically or under any
other justification or pretexts in order to arrive at a commitment in part of all social
constituencies and actors to denounce terrorism and all acts of terrorism.
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26. The State shall commit to refer any one proven to have engaged in killing of peaceful
protestors or security and military personal for investigation and trials including those who
incited them.
27. Release of all detainees including detainees of the youth revolution and the Peaceful
Southern Movement, prisoners of thought unless convicted on other criminal or terrorism
offenses.
28. There is a need to conduct a transparent investigation of all major political crimes which
affected the society.
29. Ensure neutrality of the military, security and intelligence organizations as professional
national institutions that do not intervene in political or civilian affairs. Their mission shall
manifest protection of the security of the nation and the citizens and maintenance of
national and social peace.
30. The State shall align the provisions of the International Agreement on the Criminalization of
forced Disappearances signed by Yemen with relevant Yemeni legislations.
The Working Group also produced a set- of recommendations included in annex (6).
Working Group on Independent Institutions:-1. Independent Authorities, as enshrined in the Constitution with its juridical personality,
administrative, financial, and technical independence exercises its powers and performs its
duties impartially, without fear or favoritism.
2. Any interference in the work by any the body of any person or any organ in the state
(directly or indirectly) is considered an offense punishable by law.
3. Independent Authorities are committed to achieve their objectives and to exercise their
functions in accordance with the principles of good governance.
4. The independence of heads of Independent Authorities and that they have no partisan or
political affiliation during being in this position.
5. The executive and the legislature authorities are obligated to facilitate the work of these
bodies to ensure the achievement of their goals effectively and efficiently.
6. Independent Authorities have the right to submit a proposed draft law on their work to the
House of Representatives. The opinion of each authority or independent body is taken in the
draft laws related to their fields of work.
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7. A law shall be issued to address the creation of an independent authority of which the duties
and functions and the system of work of these authorities. It shall also address selection
criteria and the operation style used there. It shall give the members the necessary
guarantees for the performance of their work to ensure their total impartiality and
independence.
8. Independent Authorities in their work are committed to the provisions of the Constitution
and laws, including laws and regulations of the Civil Service.
9. Independent Authorities are subject to the control of the Financial and Administrative
Authorities
10. Independent Authorities are committed to providing reports to the House of
Representatives including data of their activities, works, and resource management.
11. Independent Authorities are to submit their annual budgets and final accounts to the House
of Representatives after being audited by the financial auditing and control authority.
12. The officials of the authorities are elected by the legislature after the recommendation from
the committees formed from them, providing that there is equal representation of all the
political or independent blocs regulated by law.
13. Officials of Independent Authorities service are dismissed by the House of Representatives
through an absolute majority of two-thirds of the seats; or through a final court judgment
on the basis that either one of these incidents has been realized:
A. Inability to work in accordance with regulatory laws,
B. Violation of the Constitution or the law, proven financial and administrative corruption.
14. Establishment of a body or a higher council for the media to ensure financial, administrative,
and professional impartiality and autonomy and professional as to consolidate values of
democracy, freedom and human rights. The law shall regulate the formation of the
committee or the council and the conditions of filling such positions.
15. The Central Organization for Control and Auditing is an independent higher auditing
organization that aims at achieving effective control over public resources, according to the
its regulatory and auditing methodology based on international standards for Supreme
Control and Auditing Authorities as to contribute to the development of the units
performance included under its auditing and control as well as to the development of
accounting and editing professions in general.
16. Revocation of Presidential Decree concerning Law No. 6 of 1995 on prosecution procedures
for senior executives since it contravenes anti-corruption legislations in spirit and content.
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17. Amendment of constitutional provisions relating to immunities for members of the House of Representatives so that the immunity granted is only a procedural formality that can be simply lifted by an investigative authority when substantive evidence of a crime exists.
18. Nullify legal restrictions or provisions relevant to given exceptions to those holding senior executive posts. It shall be reaffirmed that there is no immunity when it comes to reports by the public auditors and control agencies.
19. Control and auditing authorities shall be granted broad powers sufficient enough to give them full discretion in the performance of their functions.
20. Control and audit authorities should have the right to unhindered access to information and documents.
21. All State institutions (civilian, security, and military) as well as economic units shall be under the oversight of control and audit authorities.
22. There is a need for effective follow-up mechanisms of the recommendations
produced by the control and audit authorities. 23. The Supreme National Authority for Combating Corruption is an independent authority that
works on the promotion and consolidation of the values of transparency, integrity, good
governance, anti-corruption, bribery, and abuse of power. The committee is responsible for
the development of strategies and for monitoring the implementation thereto.
24. The Central Bank of Yemen is an independent body that manages and formulates the
monetary policy and supervises the banking sector, including the stimulation of the
economic and social development.
25. The National Commission for Women is an independent commission that participates in the
drafting of public policy, evaluating them, and ensuring that they are implemented to
support the advancement of the situation of women and their role in development. They
also ensure that public policy protects women’s rights without discrimination.
26. The Higher Council for Youth shall be established by law to ensure its role in guidance and
supervision. This should be done through its participation in drafting public policy and
supervising its implementation to ensure the protection of the youth from social and health
dangers and violence. The council should also ensure the development program, raising
skills, and supporting intellectual creativity and composing the cultural identity and the
development of clear policies and mechanisms to engage youth through this body in public
decision-making.
27. This law shall establish the National Council for Motherhood and Childhood as an
independent entity that works on protecting social principles and mores. The council also
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supervises the rights of children by combating the sources of corruption and the exploitation
of children, and the neglect of the health, education, and social protection of children. It
works to make the best environment for sound social building, and the council provides
special advice for national policy and its priorities regarding the Yemeni family.
28. The law shall establish an independent high council for persons with special needs to work
on protecting the disability rights. It works toward making sure that there is no
discrimination due to the disability, the type of disability, or the gender of the disabled
person. It also ensures true equality for those with special needs in enjoying their rights and
fundamental freedoms as human beings, and making sure that those with special needs are
respected through the drafting of laws and supervision over their implementation.
29. A high national commission for human rights shall be established to work on strengthening
and protecting human rights, and supervising the extent that the rights and freedoms that
are given are followed. An agency is established; one that is financially, technically and
administratively independent and the law stipulates its work, mission, and structure.
30. Each individual has the right to live in a clean environment and the government is
responsible for protecting the environment and the diversity of life.
31. An independent agency is to be established to oversee and supervise environmental issues.
32. The State shall make necessary legislations for the protection of the environment, and these
laws and regulations should specifically include the principle of the responsibility of the
polluter, and the principle of protection before any pollution when protecting the
environment. It should also evaluate the environmental effects of any human activities, and
it should participate in creating decisions that have positive effects on the environment, and
ensure the right to get environmental justice.
33. Maritime resources are a national resource that is the responsibility of the government to
protect and develop. The government should issue legislation to prevent its pollution and
stop its exploitation.
34. The water authorities should be consolidated in one body to be solely responsible for water
resource and water usage.
35. A national strategy should be put in place for the gradual solution of the Qat problem. A law
shall be enacted to implement the strategy and address the harmful impact of Qat.
36. The State shall ensure combating and ending negative phenomena including revenge. This
should be done by taking all necessary means and solutions to eradicate vengeance.
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37. The law, regulations, and justice should be administered without discrimination on all
citizens through a fair judiciary and sovereignty of the State.
38. Carrying of personal firearms and possession thereof is prohibited unless by a permit
regulated by law.
39. The State has the sole right of possession and import of weapons.
40. An independent body shall be established to realize the provisions and intents of the
Shariya’ah on revenues and utilization of the duty of Zakat.
41. An independent body shall be established for endowments to protect the endowments
properties, develop the resource and guide the utilization for charity as per instructions of
the persons making the endowments to serve the interest of society and shall work to
reacquire whatever properties have been looted.
42. A House of edicts (Ifta) shall be established to work on enactment of fatwas to elaborate and
clarify provisions and intents of the Islamic Shariya’ah. The co-opting of this House of Fatwas
to serve the interest of any political party or a specific agency is prohibited.
43. An independent standing high commission for elections and referendums shall be
established to manage, organize, supervise and monitor referendums and public elections. It
shall consist of a number of independent personalities enjoying high standards of
professionalism specified by law. Their tenure shall be one election cycle un renewable
regulated by law.
44. No groups, political parties, organizations militias or individuals should be in possession of
weapons of all types or to exercise violence that disrupts public tranquility or use it under
any justifications. The established of armed groups shall be criminalized.
45. The import or introduction of weapons into the country shall be prohibited with the one
exception for the State. Trade in such weapons is prohibited under any justification. It shall
be considered a threat to national security and social peace.
The Working Group also produced a set of recommendations included in annex (7)
While we close the Midterm Plenary of the Comprehensive National Dialogue Conference, we shall
not neglect to express our appreciation and high regards to the working groups and female and male
members for the efforts they have made to accomplish their task within such a short time if
compared to the magnitude of their responsibility given to them.
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We shall not neglect to express our gratitude to the General Secretariat and all of its staff-
individuals and female and male volunteers - for their devotion to the success of the dialogue.
Appreciation is extended to all the members of the Consensus Committee for managing to reconcile
the outcomes of the different working groups and to arrive at these decisions despite its short time
in existence.
Thank you very much and best wishes for success. Peace, Mercy and Blessing of Allah be upon you.
Annex (1) Conclusions of the Southern Issue
Consensual visions of the Working Group on the Southern issue on the roots and content of the issue based on the conclusions and visions presented by the constituencies in the WG.
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Introduction:
The Working Group on the Southern Issue comprising 40 members in equal representation of the South and the North in line with Para (8) of the Article (12) of the Rules of Procedures of the CNDC (50% of membership for the South and 75% of that to the Southern Peaceful Movement). During the period from April-May, the Working Group discussed the political visions on the roots and content of the Southern Issue as presented by the political and social constituencies represented in the Working Group as follows:
1. The General People’s Congress
2. The Yemeni Congregation for Reforms (Islah)
3. The Yemeni Socialist Party
4. The Unionist Popular Nasserite Organization
5. The Yemeni Al-Rachad Union Party.
6. Ansar Allah
7. The Justice and Building Party
8. The Peaceful Southern Movement
9. The National Alliance of the Peaceful Revolutionary Forces.
10. The Democratic National Alliances Parties.
11. Independent Women
12. Independent Youth
13. Civil Society Organizations
14. The President’s List.
The presenters, on behalf of the constituencies mentioned above, responded to questions and comments and clarified some concepts raised by members of the WG. All members agreed to draft conclusions from all the visions that were presented on the roots and content of the issue taking into consideration the following:
1. That the visions heard on the roots and content of the issue had addressed the issue from
different social perspectives. The visions gave a comprehensive view of the Southern issue
and absorbed the theoretical and political background which was the basis for the political
plurality existing in the country and expressed thoughts, political positions and interests.
2. In the visions on the roots corresponding information was found, specifically relevant
economic, rights and political aspects. Notwithstanding the context of such information,
since history can be interpreted from different perspectives.
3. Efforts made in the preparation of such visions contributed to the incorporation of the
knowledge and scientific dimension in political analysis of the matters related to the
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Southern Issue. This dimension contributed to making such visions objective to a large
extent and to moving away from foundations that impose one dimensional vision.
4. The contrasts contained in the visions, mentioned above, were not substantial so as to
prevent narrowing of the differences. Moreover, they are very few in terms of quantity, but
are substantives in nature. This means that they can’t be bypassed or ignored without
reaching common understanding since they would impact on the nature of solutions.
5. Some shortcoming was seen in all the visions presented on the roots or those on the
content. These shortcomings are methodological if compared to what was agreed upon on
the main dimensions agreed upon to form the basis for the development of visions. Some of
those six dimensions (political, economic, historic, legal, cultural, social and geographical).
The visions ignored the geographical dimension. It must be observed that the geographical
dimension in this respect doesn’t include the natural geography only, but goes beyond that
to accommodate historical geography and political geography when addressing the issue on
the dialectic context of the geography and history around the shaping of nations.
The Political Dimension of the Roots of the Southern Issue:-
All visions presented confirmed that the declaration of unity between the two States, the Democratic People’s Republic of Yemen and the Arab Republic of Yemen on May of 1990 represented a realization of the hopes of Yemenis and crowned their long-standing struggles.
Speaking about the roots and content of the Southern Issue doesn’t necessarily mean condemnation of one political or social party or to put on trial this period or that period of history. It only means that one should benefit from the mistakes made to ensure that such mistakes are not repeated or reproduced in a different from. Exploring those roots and contents mainly aims at enabling the WG on the Southern Issue to reach a consensus on the correct diagnosis of this important pivotal issue which is distinctively national, political and just.
The 1994 war and what occurred after that, was considered by the majority of the views as the beginnings for the Southern Issue. The nullification of the political partner of the South and the downscaling of its position, location and presence in the political equation and other actions and mistakes that accompanied that were the product of the war. With these, the Southern issue started to grow and demands began to escalate making it a political, and rights issue receiving regional and international attention. However, speaking about the roots and content of the Southern Issue as merely being a political issue, must lead us to the admission that some of the signs of the suffering and the political problems can be attributed to the various forms of political conflicts seen in political life at various stages of the governance of the Southern State. Its performance, like its counterpart in the North, was characterized by totalitarianism, exclusion and non-recognition of others and lack of acceptance for one’s right to have a different view. The resulting cycles of violence, oppressions and exclusion of social segments and political forces
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in addition to the policies and decisions made that forfeited the rights and properties of the citizens were the products of such performance.
The Yemeni unification was an agreement between two States which were two different
political parties in the North and the South. However, the futile and wrong practices
which occurred during the past period since the establishment of unity and the
blasphemy Fatwas (edicts) has created broad convictions amongst many of the people of
the South that the peaceful union had been undermined and that their positions within
the unity State – politically, economically, socially, culturally, militarily and security wise-
had been destroyed and struck to death.
The facts are that the war and the wrong practices and exclusions had encouraged and
instilled deep rejection of the prevailing reality. This lead to the emergence of the entire
Peaceful Popular Southern Movement on 7/7/2007. This is a popular struggle, peaceful
and comprehensive movement. It’s the carrier of the Southern Issue, especially after the
failure of the peaceful unity and its development project that was to be based on
integration and partnership for forging a better future with broader horizons for all. This
became even more relevant when remnants of the summer of 1994 war were not
addressed, including the various aspects of life, political, livelihoods and service delivery.
The Legal and Rights Dimension of the Roots and Content of the Southern Issue:
- The lack of clarity on the basis and political mechanisms which the project of unity was
based on in the merger which took place in 1990. It was hastily and hurriedly done in
unscientific manner with no clear features for the future that awaits the people of the two
States.
- Absence of actions and measures for political and economic reforms was one of the main
reasons for rushing to realize unity.
- Lack of completion of all the tasks designated for the three-year transition period according
to the declaration of unity agreement.
- The 1993 elections didn’t live up to the partnership between the South and North. The
division of electoral constituencies was based on population and not geography. The
elections were held using the first past the post system as proscribed by the constitution and
offered through a referendum.
- Following the summer of 1994 war, the unity was transformed from a partnership to a
dictatorship and the Presidential Council was cancelled. Moreover, there was a regression
from and change to the constitution of the Unity State.
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- After the 1994 war, thousands of civilian employees, military and security personnel and
southern diplomats were forcibly dismissed in violation of the Unity State’s constitution.
- The privatization of public sector companies, corporations and factories which went to
benefit the powerful and left the workers (males and females) unemployed without any
dues when referred to the Civil Service Fund.
- Exclusion and marginalization in contravention of the principle of equal citizenship.
- Fall of many people between martyrs and wounded and the detention of a large number of
participants in peaceful protests and sit-ins as well as forced disappearances of some for
long periods of time. These were subjected to torture and inhuman treatment by the
security organizations in contravention of the constitution and international covenants, laws
and instruments signed by the State.
- Confiscation of rights and freedoms, restrictions of freedom of expressions (violations of the
freedom of the press and the prosecution and imprisonment of journalists and the
suspension of some newspapers on top of which Al-Ayyam newspaper).
- Reduction of the rate of admission of Southerners in the military and security academies
(war, aviation and air force, the police and other military academies).
- Detention and pursuits of political activist and activists of the Southern Peaceful Popular
Movement, suspension of the salaries (wages/pensions) of some of them arbitrarily and the
use of systemic suppression in dealing with southern peaceful protests events.
- Lack of settlements of thousands of cases of military, security and civilian personnel after
their return following the 1994 war and who continued to be deprived of some of their legal
rights.
The Economic Dimension of the Roots and Content of the Southern Issue:
1. Liquidation of most of the public sector companies and corporations under the so called
privatization scheme that laid off workers in those institutions and referred them to the Civil
Service Fund.
2. Lack of funding from the State for the development and rehabilitation of public sector
institutions. The State didn’t take sufficient guarantees from the private sector which took
over those institutions to ensure development and expansion of their activities to enable
them to keep the labor force and to create new jobs.
3. Dispensing of the State’s farms to officials and the powerful and dismissal of workers and
beneficiaries from those farms.
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4. After the 1994 war, concessions were given to some of the powerful and close allies to the
regime for oil exploration
5. Awarding of most of the contracts for oil services through subtracting to oil services
companies owned by senior officials and the powerful through direct orders without offering
them for competition.
6. Imposition of royalties on the companies working in the oil sector for military commanders
under the pretext of security protection.
7. Lack of provision of a suitable environment for investment, development and operation of
the free zone in the container terminal and policies which lead to the failure of the Port of
Aden. Aggrieved concessional contracts were given, through corrupt practices, leading to
stagnation in this pivotal Port along the international navigational route depriving the
country of an important economic resource.
8. Commercial firms owned by the powerful destroyed the fish wealth by using illegal fishing
practices leading to the following harmful effects:
o Reduction of available fish stock
o A large number of fisherman stopped fishing even though fishing is their only livelihood
and that left a negative impact on their families’ living standards.
o Increased fish prices in the local market due to reduced supplies.
o Increased the food gap due to an increase in demand for fish products.
o A negative impact was felt by a large number of workers in fish processing, markets,
and transport and export companies who are dependent on conventional fishing.
9. Transformation of the International Port of Aden to a local airport, in contradiction with the
function of the city as a commercial capital.
10. Dispensing of vast areas of land in the Southern governorates, especially in the city of Aden
through the so called “investment projects” scheme, which, as time passed, proven illusive
and no project was implemented.
11. Dispensing of some of the open spaces, especially those located on the beaches and marine
resorts to some of the powerful and officials depriving the City of Aden of one of its most
important tourism elements.
12. The State’s management of a public sector and a total absence of private sector activities in
the South before unity, in turn, prevented any accumulation of capital wealth capable of
competing for investment opportunities to access the equal opportunities created by the
Unity State.
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13. In the South, the State was the only employer and was creating jobs through the public
sector. That ensured the availability of basic needs of the people and the setting of prices in
par with people’s income. Following unification, the move to a market oriented economy
damaged the network of interest that the citizens in the South had been used to; especially
those provided by the State, leaving a negative impact on the livelihood of the citizens in the
Southern governorates.
14. The strong centralization, despite the passage of the decentralization law in 2000, caused
lack of allocation of appropriate resource commensurate to the mandates created by the
law for the local administrative units. In addition, lack of proper controls lead to
mismanagement creating a major burden on the citizens in the Southern governorates.
15. The spread of the culture of financial and administrative corruption, which didn’t exist in the
Southern Governorates because of the disciplined administrative system in existence before
unification, left a negative impact on the lives of citizens. New patterns of behavior of public
servants started to emerge and became wide-spread through the expansion of bribery,
nepotism and illegal incomes. These practices proliferated throughout the public service,
government and civilian institution and military and security institutions.
The Cultural and Social Dimensions of the Roots and Content of the Southern Issue:
1. Cases of exclusions, marginalization, and accusations of treason and blasphemy which
governed the conflicts between Yemenis were fundamentally rooted on the conflict over
power under justifications of differences in ideology. This was true whether following the
establishment of the two republican regimes in both parts or after unification and this lead
to deep divisions in Yemeni society.
2. Lack of capacity to accommodate social and cultural diversity causing deep-rooted national
crises.
3. Glorification of the culture of wars and rule by military force.
4. Neglect of social difference between the two States, lack of acceptance and contempt by the
victors in the 1994 war of the loser. This introduced limits to freedoms of the Southerner’s
ability on social and cultural self-expression.
5. Regression of the role of women and the eradication of all the social, cultural and political
accomplishments attained by women.
6. Concealment of facts of modern and contemporary history of the South and the belittling of
some of its symbols and leaders of its struggle. Neglect of its cultural and media heritage and
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the annexation of its media and cultural institutions leading to marginalization and
harassment, an example of that is Al-Ayyam newspaper.
7. Arrogance in the part of the 1994 war victor leading to growing resentment of the
Southerners of what they perceived as a behavior of hegemony and control. At the same
time, the spread of the culture of vanity amongst Yemenis reinforced the division in the
social fabric.
8. Militarization of life in various cities of the South.
9. Looting of many antiquities, historic manuscripts, artifacts and the smuggling of the
collections of Southern Museums after the 1994 war.
10. Change of names of some of the streets, schools, residential areas, public squares, military
camps and important government facilities to new names far removed from the collective
memory of the South keeping up with the post-war phase.
11. The removal of the historic name of Aden from the name of its television station and the
moving of the television’s cultural, artistic and documentary archive. The transformation of
the media organizations in the South to subsidiary organization.
12. Revival of the tribal vengeance and regional tendencies and the dumping of weapons in the
markets allowing its proliferation. Deliberate neglect of the law caused the spread of
anarchy and the disintegration of the fabric of southern society.
13. The notable deterioration of the educational and health services that the citizens of the
South had enjoyed before unity free of charge.
14. Neglect and marginalization of the sports movement.
15. Liability caused by some of the laws that existed in the South before unification such the
nationalization law and agricultural reforms law. These laws left a negative impact on some
segments of society in the South.
Serious and responsible work by the Working Group on the Southern Issue has borne fruit in producing this consensual vision on the roots and content of the Southern Issue paving the way for the search for just solutions of the Southern Issue.
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Annex (2)
The 11-Points
Presented by the Working Group on
The Southern Issue
Actions and Measures for Building Confidence and the Creation of a suitable Climate for the Southern Issue
Brother/ Chairman of the Presidium of the National Dialogue Conference
Brothers/Members of the Presidium of the Conference
We are the members of the Working Group on the Southern Issue from the various political constituencies and the Southern Hirak, Youth and Women, are requesting the creation of a suitable climate for confidence building and the creation of a sound environment to enable us to achieve the tasks entrusted to us on the theme of the Southern Issue.
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This can’t be attained unless some actions and measures, we see necessary, are implemented in the ground. This view is based on the 20-points presented by the Technical Committee for the Preparation of the National Dialogue Conference and the deliberations conducted in the Plenary from the outset of the Conference, which confirmed the importance of ensuring that there are guarantees that the 20 points are implemented considering that they are the real entry point into dialogue on the Southern Issue.
On that basis, we are of the view that it’s necessary that actions are to be taken on:
1) Condemnation of any Fatwas on Blasphemy issued against people of the South in the 1994
war and the referral of those accused to the Judiciary?
2) Lifting of all signs of militarization created recently in the streets and neighborhoods of the
City of Aden and in Hadhermout and the return of military machines to their barracks.
Immediate stop to the violence, notwithstanding its source, in dealing with events for the
peaceful expression of rights.
3) Release of all political detainees of the Peaceful Southern Hirak and the nullification of all
rulings issued against the Southern leaders and symbols.
4) Reaffirmation of the need to speed up the work by the Two Commissions set up to consider
the military and civilian employees who were forcible dismissed from the jobs following the
1994 war, award them fair financial compensation and keep the public informed of all steps
and actions achieved.
5) Immediate halt to the dispensing of land in the Governorate of Aden and other Southern
Governorates.
6) Treat the martyrs and the wounded of the peaceful Southern Hirak in the same manner as
their counterparts – the martyrs and wounded of the revolution- and to speed up moving
those needing treatment abroad at the expense of the State, especially those wounded on
the 21st of February, 2013.
7) Issue urgent instructions to the Minister of Finance to pay all entitlements and
compensations to Al-Ayyam Corporation and to award it fair compensations for the financial
and moral damages caused to the Corporation to be able to make a comeback and the
release of its guards who is imprisoned in Sanaa (Ahmed Omar Obadi Al-Margash).
8) Halt all new tenders for new oil sectors in the South and in Mareb.
9) Halt all concessions to fishing companies in the Southern regional waters.
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10) Reacquisition of all the leased oil facilities including the Juhaif facility to State control and
the cancellation of all monopoly contracts in the transport of oil derivatives, cancellation of
any similar contracts and a halt to the selling of public tourism institutions and building.
11) Review all actions and arrangements related to the protection of oil services companies
which contain royalties to the powerful forces.
We hope that you will take the required decisions to facilitate our work in the Southern Issue considering that it is a just political issue and key to solving all the problems in the nation, South and North.
Issued by the Working Group on the Southern Issue
3/4/2013
Introduction1. The Working Group commenced its work on April 13, 2013 when Ms. Nabilah Al-Zubair was
elected to chair the Working Group on Sa’adah. The selection of remaining members of the
Chair was delayed to a later date due to lack of consensus in the WG.
46. The activities carried out by the WG was establishment of a mini-committee comprising
representatives of all the constituencies in the WG to develop the WG’s Workplan.
A. A mini-committee was set-up from all the constituencies to prepare a detailed
Workplan. The plan was completed and adopted on April 19, 2013.
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B. The implementation mechanism for the Workplan was adopted on April 20, 2013. A
mini-committee comprising all constituencies was established to collected documents,
information and to summarize the visions. The mini-committee was called the
“Document Collection and Summarization Committee”.
C. The WG issued a statement on April 22, 2013 in which it reaffirmed the need for
finalizing the preparation as adopted by the Technical Committee for the Preparation for
the CNDC as represented in the 20-points.
D. On April 22, 2013, the implementation plan for the phase on the roots of the issue was
adopted.
E. On April 25, 2013, a community participation committee was established.
F. On April 27, 2013 a committee to develop a detailed plan for field visits was established.
G. On May 2, 2013, the remaining members of the Chair were selected by the appointment
of Abdul-Hamid Huraiz, first deputy of the Chair, Khalid Al-Ghaish, second deputy of the
Chair and Waheeb Khadabish, Rapporteur.
H. On May 13, 2013 the WG decided that field visits will only within Sana’a and, only if
necessary, there will be field visits to Sa’adah.
47. The basic issue which the WG worked on was to identify the roots of the Sa’adah Issue and
to summarize all the visions presented by the constituencies. Objectives of the Working
Group
Overall Objectives:
1. Identification of the roots of the Sa’adah Issue
2. Identification of the content of the Sa’adah Issue
Detailed Objectives:
1) Adoption of the Workplan
2) Adoption of the detailed plan and implementation mechanism.
3) Collection of information and documents on the roots of the issue.
4) Collection of information and documents on the content of the issue.
5) Field visits to hear the target groups.
Decisions of the Working Group
The Working Group reached consensus on the following decisions and agreed to submit them to the Midterm Plenary for adoption by the Conference.
That the roots of the Sa’adah issue can be summarized in the following:
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1. Weakness of the State and failure of its institutions.
2. Weakness of the comprehensive development
3. Foreign Interference
4. Introduction of idea affecting the historic co-existence between the main sects.
5. Playing the balancing act and crises management.
6. Lack of professionalism and neutrality of the media.
7. Sayyid Hassan Baderaddin Al-Houthi’s intellectual project and what took place after the
shouting of the (Motto and the Scream) with the authorities the detentions and failed
mediation leading to the war on June of 2004.
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Annex (4)
Conclusions of the Working Group on State Building
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Summary of the Perspectives of the Constituencies on the Seven Themes
Based on a foundation of objectivity, clarity, and an open exchanging of ideas on the seven themes
assigned to the State Building Working Group (Foundations and principles of the constitution), and in
accordance with the approved Workplan, the Working Group heard written statements and
presentations of views by the member constituencies in the Working Group. These presentations
showed, in a detailed manner, the various visions for the future Yemeni State. They were extremely
varied and ranged between those favoring a decentralized federal union to a unitary state with
broad local rule and powers and calls to the right to self-determination. They included contrasting
analysis of the form and structures of the existing State In line with methodology approved in the
Workplan. An atmosphere of consensus and harmony prevailed in the Group’s deliberations. The
projects proposed were only preliminary proposals and were rather flexible and dynamic, in the
sense that they can, through a context of objective and scientific discussion, be turned into
advanced drafts subject to broad consensus amongst the members and can form the basis for
drafting a new consensual constitution.
It was agreed upon that the Working Group, between the first and second plenary, would focus on
hearing and discussion of the various perspectives and to delay any decision on principles and
foundations for the constitution, which will be agreed upon, to the next session subsequent to the
second plenary. The idea is to give sufficient time for lengthy and in-depth discussion on the various
elements related to State building and to allow time for a thorough understanding of the outcomes
of the work of other relevant working groups. Conclusions on the visions and discussion of the seven
themes assigned to the working group are as follows:
- Identity of the State:
The various constituencies in the Working Group discussed the identity of the State in depth and
comprehensiveness. They presented the historical development of the Yemeni identity with respect
to religion, language and national affiliation. They pointed out that social, historical, cultural, Arabic
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and Islamic identity of Yemen is an original and deep-rooted one. It was an identity that had major
interactions with the ideas produced by human civilization and was based on openness and
interaction between different cultures. Likewise, it was founded on the basis of integration,
freedom, justice, and equality. (See the list of opinions of the constituencies of the Working Group
on the State (annex number 1). It was agreed that discussions will continue. Final decision will be
postponed to the next session following the Midterm Plenary.
State Structures:
a reading of the various and diverse visions in this context, showed that the desired form of the
State is one that is able to meet the social, economic, and political needs of communities, and is
based on justice and equal citizenship and can be attained through a democratic decentralized State.
There were contrasting views and diverse discussions around the form of the State ranging from the
decentralized federal State to the decentralized unitary state. More focus was given to the
democratic structures of such a state (See the list of opinions of the constituencies of the Working
Group on the State (annex number 1). It was agreed that discussions will continue. Final decision will
be postponed to the next session following the Midterm Plenary.
System of Government in the State:
The diverse visions contained, in great details, the preferences of the various systems of
governments ranging from a parliamentary republican system to presidential and mixed systems.
More focus was given to the extent of democracy contained in any one of the systems. They all
confirmed demands for the principles of separation of powers, rule of law and guarantees to ensure
that they would be no slippage into an undemocratic system (see the matrix of visions of the various
constituencies of the State Building Working Group Annex 1). It was agreed that discussions will
continue. Final decision will be postponed to the next session following the Midterm Plenary.
Electoral System:
In an evaluation of previous electoral experiences in the Republic of Yemen, the diverse visions
focused on the negative aspects of such experiences which attempted to reach a more democratic
electoral system; one which is more responsive system and capable of meeting the ambitions for
broader participation of the various segments and spectrums of the Yemeni society and can
guarantee prevention of monopoly of the legislature by those with influence and in a manner that
can undermine the legislature as a real expression of the needs of society, ambitions and diversity.
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For that purpose, the visions included proposals for the most appropriate electoral systems for
Yemen. They considered the characteristics of the Yemeni social, political and geographical
structures. These ranged from the proportional lists system to mixed electoral systems. (See the list
of opinions of the constituencies of the Working Group on the State (annex number 1). It was agreed
that discussions will continue. Final decision will be postponed to the next session following the
Midterm Plenary.
Administrative System:
The various visions discussed the need to have administrative and fiscal decentralization to achieve
development and increase the level of local participation within an integrated administrative system
that complements the center. They indicated the need that the administrative structures should be
removed from partisan influence or influence by any one group and maintain independence. Such a
system would be subject to regulatory legislations and should be based on transparency, integrity,
efficiency and job rotation. They also indicated that there should be an effective, independent
community-based anti corruption mechanism and that the Audit and Control Organization be under
the oversight of the Parliament. (See the list of opinions of the constituencies of the Working Group
on the State (annex number 1). It was agreed that discussions will continue. Final decision will be
postponed to the next session following the Midterm Plenary.
Legislative Authority:
Preferences for a system for the legislative Authority were also discussed focusing on a two-chamber
legislature with separation of functions of each chamber, links between the combined functions of
the two chambers to other State structures and whether the State would be a federal union or a
unitary State. The need for independence of the legislative authority was confirmed stressing that
controls should be in place to ensure prevention of dominance of the executive authority over the
legislature. There was confirmation that the legislative authority should fully discharge its control
and monitoring role in accordance with the law. (See the list of opinions of the constituencies of the
Working Group on the State (annex number 1). It was agreed that discussions will continue. Final
decision will be postponed to the next session following the Midterm Plenary.
Judicial Authority:
The various visions underlined the significance of the judicial authority positions within the political
system of the State. They also underlined the need to confirm independence of the judiciary and the
links of its structures to the structures of the future State (multi-tiers or unitary). At the same time,
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there is a stressed on the need to establish multi-tier judiciary with a focus on the need to establish a
high constitutional court, independence administrative judiciary and all within a legal and
democratic electoral framework. This is to ensure supremacy of the rule of law and to protection of
human rights and freedoms. (See the list of opinions of the constituencies of the Working Group on
the State (annex number 1). It was agreed that discussions will continue. Final decision will be
postponed to the next session following the Midterm Plenary.
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Annex (5)
Recommendations of the Working Group on the Army and
Security
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Recommendations by the Working Group on the Army and Security1. Provide the necessary funds for the implementation of outputs of restructuring and to
address the issues and gaps which took place in the past, top of which the reinstatement of
those forcibly dismissed and forced to retired and to give them fair compensations, support
to the Social Welfare Fund of the Armed and Security Forces and orders for redeployment
and relocation of military units in line with the new Operations theater.
48. Accelerate implementation of the 20-points developed by the National Dialogue Technical
Committee and confirmed by the Communiqué issued by the First Plenary of the National
Dialogue Conference.
49. Reinstatement of all Southern retirees, the excluded and those who didn’t continue their
service forcibly as a result of the 1994 war to their jobs and to grant them all their
entitlements such as ranks, settlements and compensation for the past. The wages and
salaries strategy should be applied in their cases including the five-figure holders who were
ordered to be reinstated in 1990 but weren’t implemented despite the establishment of two
commissions one in 2006 and the second in 2007.
50. Reinstatement of those who were forced to retire or removed from services in the Northern
Governorates; on top of whom were those affected by the wars in Sa’adah and the 1994
war. All their entitlements and rights shall be granted to them in line with those granted to
their counterparts. The period spent in retirement or off services shall be accounted for
while applying the salaries and wages strategy to their cases.
51. The restructuring committee shall seriously consider the tasks entrusted to it and shall
ensure that past mistakes are not repeated in any manner or form.
52. Approval of bonuses and risk allowances for personnel working in remote areas.
53. Graduates from military and security academies shall, immediately after graduation, be
deployed to serve in the military and security field units for a period no less than 4 years.
After that, they can be transferred to other units according to needs.
54. Application of the rotation system to all commanders of the armed and security forces. The
application should start with current commanders to achieve the criteria of seniority,
competence and qualifications, as well as national representation avoiding other
consideration such as kinship, interests, nepotism, cronyism and activation of the retirement
scheme according to the law.
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55. Control and regulation of the financial expenditures and disbursements as to be in
accordance with the law and specific budget and its provisions and procedures. The finance
shall be independent from the control of military and security leaders. Reduction of
meaningless expenditure and disbursements made under the allegations and justifications of
bonuses.
56. Accord full care to children and families of martyrs of the armed and security forces as well
as the wounded and disabled war veterans to take care of their financial, education, and
health situations.
57. Action to reestablish trust between the people and the military, security, and intelligence
services.
58. The intelligence service shall practices good governance and principles. The intelligence
organization interference in the work of government, security and military institutions shall
be strictly prohibited. Their staff should be protected from any behavior that may lead to
their recruitment by others by ensuring that their income is sufficient for a decent life.
59. All forms of foreign intervention such as drone attacks must be stopped.
60. Terrorism is a global scourge that must countered in cooperation with the international
community in a manner that does not undermine national sovereignty, but rather focuses
on cooperation in the training and rehabilitation of the Yemeni anti- terrorism security and
military services through development and armament to improve their combat capabilities
and avoid direct intervention.
61. Development of legal rules to unify the command, control, and guidance center in the
security and police institutions and the prohibition of discrimination in duties and rights. The
MIS system should be completed together with the installation of an automated system,
connection of hotlines and the provision of necessary equipment.
62. Education and awareness programs should be legally regulated in the security and police
organization to remove the impact of wrong mobilization by the conflicting political parties
in the past. Values of national loyalty, tolerance and reconciliation should be promoted
together with a specific policy based on national loyalty, rule of law, service to the nation
and professional development based on the criteria of qualification and professionalism.
Security organizations and staff should be subject to legislative oversight to enhance
national unity.
63. Recommendations on Civil Defense:
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Adoption and implementation of the General Plan for disasters management and provision
of requirements to fulfill the shortfall in this regard
Completion and implementation of operations and sirens project.
Establishment of offices in the governorates where there are no premises and provision of
firefighting equipment for these premises.
Completion of the legal structure and appointment.
Provision of diving suits and protective uniforms for personnel.
64. Recommendations on the Criminal Investigation Department:
Development of the organizational structure for the functions of the Directorate General of
Criminal Investigation and its branches in the governorates.
Establishment of branches in districts where there are no branches.
Creation of information network linking the Directorate with the branches in the
governorates and provide a sufficient number of personnel in these branches.
Rehabilitation of buildings and provision of technical capabilities.
Appointment of the right person in the right place
Strengthen the Anti-drug Unit, creating controls in the land and sea borders, and fill the
shortage of resources.
65. Recommendations on Civil Status:
Establishment of branches of the Civil Status Authority in the governorates, provision of
requirements, supplies and necessary funds needed to manage the activities to improve the
and facilitation of the service to the people.
66. Recommendations on the Prisons Authority:
Provision of sufficient budgets to meet the operational need and for food, and medications.
Separation of prisoners on the basis of nature of the crime and age.
Provision of full care for juveniles and a special detention facility to accommodate the large
number of women.
Resolve the situation of prisoners who have served their sentences and remain in prison.
Completion of the organizational structure of the prisons authority and the special law.
Study and determine to whom oversight over the authority should go, either the Ministry of
Justice or the Cabinet. Successful experience in other countries should be taken into
consideration in this respect.
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Security of prisons should be the responsibility of the prison authority alone and presence of
all other units shall end.
Strict measures should be taken to prevent smuggling of drugs and weapons into prisons
and punitive actions should be taken against violators.
67.Recommendations on the Coast Guards Authority
Provide adequate allocations for steering activities in general.
Establishment of infrastructure and maintenance workshops in areas where there is no
infrastructure, especially the eastern region of the coast.
Provision of sufficient personnel according to the needs of the overall activity.
Fill the shortage of staffing to meet the need of operations in general.
Approval of the organizational structure of the Authority and complete appointments to
posts specified in the structure on the basis of qualifications.
Merge the Border Guards in the Ministry of Defense to the Ministry of Interior. The
responsibility for border control should be transferred to the Ministry of Interior
represented in the Coast Guards to ensure an end to overlaps and conflict over jurisdictions
and duties.
68. Recommendations on the Passport and Immigration Authority
Resolve the deficit in the budget of the Authority.
Approval of the organizational structure of the Authority for implementation.
Act to create shelter for refugees from the Horn of Africa and establish control over their
stay.
69. Recommendations on the Traffic Police and Road Safety.
The traffic police and road Safety forces should be restructured along national lines. The
regional character in the structures of these forces should end. Deployment of these forces
in areas and governorates should be needs-based.
Provision of the necessary requirements for vehicles and means of communication.
Provision of a sufficient budget for managing operations.
Develop links between the governorates.
70. Recommendations on the Special Security Forces:
Provision of sufficient resources for operations.
Provision of communication, reporting, and guidance systems.
Re-deployment and re-distribution of forces along national and scientific lines to meet the
needs of the governorates and the regions.
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71. Recommendations on improving the standard of living and medical services for
personnel
Development of a wage and salaries structure to ensure an improved monthly income for
individuals and payment of bonuses in arrears to personnel such as transportation and risks
allowances. Adequate food, housing and health should be provided to all personnel.
Provide health insurance for the staff of the ministry and their families.
Provision of therapeutic services in hospitals of the ministry.
Provision of sufficient funds to run the hospitals.
Review of the salaries determination process for employees in the Investigation, criminal
evidence, and the Counter-Crime Departments to provide for similar salary scale as those
given to the staff of the prosecution.
Reinstatement of all military and security personnel removed following the 2011 events.
Martyrs, the deceased, wounded and the ill should be treated the same way as those in the
service in terms of their ranks, entitlements, adjustments and improvements of their
situation.
Periods of exclusion or retirements or removal from the services should not be counted in
the calculation of the retirement criteria.
Return of the military numbers given to new recruits in replacement for those excluded, and
calculate the period of exclusion for the purpose of promotion and other benefits. That
period shall not be calculated from the retirement eligibility period. For the new recruits,
they should be given new numbers with consideration for the periods they served.
Absorption of the returnees in their original military units, brigades and forces in
appropriate commander positions based on their qualifications, services, and positions they
held in the past.
No decision for referral of personnel to retirement shall be taken unless backed by an
explicit legal legislation that stipulates the period of retirement, benefits and financial
entitlements in a fair manner.
Legislations shall guarantee decent lives for retirees and a sufficient end of service payment
to provide them for a decent living. Laws and regulations of military and security services
and their salaries, wages, and pensions should be reconsidered to guarantee non-recurrence
of what happened after the 1994 war.
The decision to merge the Pension Fund of the Political security to the Ministry of Interior
should be cancelled so that each entity would be responsible for its own personnel.
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Review of all the recent appointments in the Military and Security Forces to determine their
conformity to the national and professional foundations.
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Annex (6)
Recommendations of the Working Group on Transitional Justice
Recommendations of the Working Group on Transitional Justice:-
1. Quick action to name members of the independent Inquiry Commission to investigate
human rights violations in 2011 in accordance with recommendations of the Human Rights
Council and Republican Decree No. 140 for 2012.
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72. Adoption by the government enactment of a law to establish an independent body to deal
with issues of displacement, emergencies and disasters caused by any reason. This body
should be given all human and material resources, equipment, and technical resources
required. This may include building of appropriate camps for shelter in accordance with
international standards, in a manner that ensures building a capacity to deal with these
phenomena and their impacts.
73. The government should accelerate action for the reconstruction of areas and buildings, both
public and private, affected by the armed conflicts in Sa’adah, Abyan and Hajjah. Moreover,
reparations for the damages to property, treatment for the injured, and compensation for
the families of the victims should be given. The government should also provide a decent life
to cover their health, education, and social needs in areas of the displacement.
74. There is a need for reconsideration of the provisions of the law on senior state positions to
ensure that they are subject o accountability, rule of the law and under the mandate of
control agencies.
75. The special Judicial Commission for addressing land issues and the Commission on the
forcibly dismissed personnel in the Southern Governorates should accelerate the
accomplishment of their tasks on recovering land and properties (both private and public)
and reinstate those forcibly dismissed to their jobs under the relevant Presidential Decree.
76. The State should ensure the embedding of the principles of social justice in national
legislations.
77. The criminalization of blasphemy and accusations of treasons in general, especially in rights
and political activism.
78. Reaffirmations that issues of land and public funds looted do not fall under the statute of
limitations.
79. Adoption and response to the demands and legitimate objectives of the Youth for Peaceful
Change, and the Peaceful Southern Movement (Hirak).
80. Resettlement of the status of civilian and military personnel who were excluded from their
jobs due to the 2011 events.
81. Establishment of a national government commission to address the situations of the families
of martyrs and to provide treatment for those injured in the 2011 and 2007 events
regardless of their political orientation or affiliation.
82.All constituencies represented in the Working Group on Transitional Justice recommend the recognition of the Southern Issue as a political and human rights issue.
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Annex (7)
Recommendations of the Working Group on Independent Institutions
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Recommendations on Regulatory Legislations:-
1. Revocation of Presidential Decree concerning Law No. 6 of 1995 on prosecution procedures for senior executives since it contravenes anti-corruption legislations in spirit and content.
2. Amendment of constitutional provisions relating to immunities for members of the House of Representatives so that the immunity granted is only a procedural formality that can be simply lifted by an investigative authority when substantive evidence of a crime exists.
3. Nullify legal restrictions or provisions relevant to given exceptions to those holding senior executive posts. It shall be reaffirmed that there is no immunity when it comes to reports by the public auditors and control agencies.
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4. Control and auditing authorities shall be granted broad powers sufficient enough to give them full discretion in the performance of their functions.
5. Control and audit authorities should have the right to unhindered access to information and documents.
6. All State institutions (civilian, security, and military) as well as economic units shall be under the oversight of control and audit authorities.
7. There is a need for effective follow-up mechanisms of the recommendations produced by
the control and audit authorities.
Recommended