Constitution of People’s Democratic Republic of Yemen

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Constitution of People’s Democratic Republic of Yemen

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Table of contents :
Front Cover
As a result of effective participation by the public masses ...
PREAMBLE ...
CHAPTER TWO ...
CHAPTER THREE ...
CHAPTER ONE ...
CHAPTER TWO ...
PART FIVE ...
Article 135 : ...

Citation preview

This is a reproduction of a library book that was digitized by Google as part of an ongoing effort to preserve the information in books and make it universally accessible.

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As a result of effective participation by the public masses and national democratic faction in disscusing the draft constitution, and on the basis of the backing, sanction and support of the people and the national democra tic factions for the constitution, and for an increased application of democ racy on the part of the alliance of the forces of the working people, the General Command of the National Front Organisation hereby ratifies the Constitutiɔn with the proposed modifications made by the public masses during the discussion of the draft Constitution . (2) This Constitution shall come into force on the 30th November, 1970 . Resolution of the General Command relating to the Ratification of the Constitution issued in the Session held on the 17th November, 1970.

1

PREAMBLE Believing in the unity of the Yemen, and the unity of the destiny of the Yemeni people in the territory, and in reliance basically upon the unity of the Yemeni land and people, our Yemen nation has striven valiantly against Imperialism . Colonialism and the reaction of local feudalism represented by the rule of the Imams and Sultans . Despite the exceptional and unnatural circumstances which existed in the form of the division of the Yemeni region into two parts, this division was incapable of constituting a hindrance in the face of the unity of the national struggle shared by the southern and northern parts of the Yemeni region . The Yemeni people in the South strove side by side with the Yemeni people in the North to bring down the Imamate and to establish a Republi can system . Likewise, the Yemeni people in the North strove side by side with the Yemeni peole in the South in surging through the armed struggle against the British Colonialist presence . As a result of this struggle there arose the Revolution of the 26th September, 1962 which brought down the reactionary rule of the Imamate in the Yemeni North and united all the national and democratic forces which set up the Republican system . As a result of this long struggle entered into by our Yemeni people against the Colonialist presence , this struggle was crowned with the detonation of the armed Revolution against the British Occupation and the rule of the Sultans which commenced on the 14th October, 1963 and united all the sectors of the working people - peasants , intelligensia, the petty bourgeoisie and all honourable sections in the people - under the leadership of the National Front. National independence was realised on the 30th November, 1967 .

Today, despite the division , the dialectic cohesion of the struggle of the Yemeni people in both parts is continuing and the unity of its struggle not only against the reactionary and imperialist plots in the territory, but also in order to get rid finally of the places of division and to restore natu ral conditions for the unity of the territory.

3

And in realisation of the progressive steps paced , after the corrective operation of the 22nd June , 1969, by the National Front, fundamentally based on the political, economic, social and cultural achievements after independence, together with the other democratic factions, filled with the desire to follow the road of freedom , social progess, democracy, peace and friendship with other nation to achieve the national democratic revolution as a means to socialism with free will , And in the belief that all this is nothing but the realization of the mutual benefit of the goals of the Yemeni people in the territory and revolutionary contribution to the movement of the Arab Revolution And as a crowning for all these struggles which are combined dialec tically for the setting up of a United Democratic Yemen , a step towards the Democratic Arab Unity , And as a support for the results achieved by the struggle and activity of our Yemeni people . Our Yemeni people in the People's Democratic Republic of Yemen bestowed upon themselves this national democratic Constitution.

4

PART ONE THE FOUNDATIONS OF THE NATIONAL , DEMOCRATIC AND SOCIAL STRUCTURE AND THE STATE ORDER

5

CHAPTER ONE Political Foundation

Article 1 :

The People's Democratic Republic of Yemen is a sovereign democratic People's Republic aiming at the realisation of a United Democratic Yemen .

Article 2 :

The Yemeni people is one people forming part of the Arab nation and there is only one Yemeni nationality.

Article 3 :

The law defines the area of the People'e Democratic Republic of Yemen .

Article 4 :

Article 5 :

Aden is the capital of the Republic . The national flag is composed of colours arranged horizontally and starting from above, in the following manner : Red

White Black There is a bright blue triangle on the side nearest the staff with a red pentagram at its centre. Article 6 :

Article 7 :

Arabic is the official language. All political power in the People's Democratic Republic of Yemen is vested in the working people .

The firm alliance between the working -class, the peas ants, intelligensia , the petty bourgeoisie is the invincible political basis of the national democratic Revolution in the People's Democratic Republic of Yemen . The historical role of the working -class move upwards and they become ultimately the leading class in society. Soldiers, women , and students are regarded as part of this alliance by virtue of their membership of the productive forces of the people.

7

This alliance between the people's democratic forces finds organised expression for itself in the National Front Organisation . The National Front Organisation leads , on the basis of scientific socialism, the political activity amongst the masses and within mass organisations so as to develop society in such a way that national democratic Revolution , which is non -capitalist in approach , is achieved .

Article 8 :

The State aims at directing society in such a way that the national democratic Revolution is achieved on the basis of scientific socialism in order to pave the way to the complete abolition of the exploitation of man by man . Work is the sole means to the enjoyment of the fruits of society . For the sake of realizing this goal the State directs its efforts towards encouraging and developing the national economy from an economy services to an industrial, agric ultural and productive economy and to free it from foreign subordination . The State ownership .

Article 9 :

protects ,

promotes and

supports

public

All power serves the welfare of the working people. The working people in the People's Democratic Republic of Yemen exercises its political authority through the People's Councils which are elected in a free and democratic manner. The People's Councils are elected on the basis of free, universal , equal , and direct suffrage in accordance with the regulations of the electoral law ,

Article 10 :

Each citizen who has attained the age of eighteen by election day has the right to vote . Any citizen may be elected for the local People's Councils if he attains the age of 21 years by the election day . He may also be elected for the People's Supreme Council if he is 24 years old by the election day. Those who may be deprived of their civil or political rights, or may be barred of practising them temporarily as result of their hostile attitudes towards the struggle of the working people , shall be excepted. The law shall regulate cases in which such action is taken , its duration , the autho rity which can take such action , and means of objection to such decision .

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Every employee of the state shall have the same right to vote or to stand as a candidate without having to resign his official post .

Article 11 :

The organisation of State power and its administration are subject to the principles of democratic centralisation.

Article 12 :

The State works to create suitable circumstances for the setting up of a United Democratic Yemen as a step towards the creation of objective circumstances for the realisation of a democratic Arab unity .

Article 13 :

The State affirms working in accordance with the principles of the United Nations organisation and the Universal Declaration of Human Rights and the generally recognised fundamentals of public international law . It supports national liberation Colonialism and Imperialism .

movements

against

It strengthens relations with progressive Arab States and Arab peoples and socialist , progressive and peace-loving States . The People's Democratic Republic of Yemen develops co -operative relations with other states on the basis of equality and mutual respect . The People's Democratic Republic of Yemen will not employ its armed forces against the liberty of any other people .

9

CHAPTER TWO Economic Foundations Article 14 :

The State develops the national economy into a produc: tive economy and affects a just distribution of the fruits of society amongst the citizens. Each individual is rewarded according to the work of service offered by him for the purpose of the development of economic and social relations . Social justice is the basis of the State .

Article 15 :

Foreign enterprises , banks, and insurance companies had been nationalised and have become the property of the people . The nationalised projects, the projects which will be initiated by the State , and the productive projects which will be instituted by the productive cooperative societies are the live pillars for the development of the national economy. The working people contribute in the nationalised projects and feel an incerasing responsibility towards the projects. Public ownership is protected and enjoys special State protection and is developed by the State . The councils for the management of nationalised projects and public productive projects are the represen tatives of the State .

Article 16 :

Natural wealth and all its derivatives, the sources of power which exist underneath the land and above it or within the territorial waters or the continent's shelf belong to the State which will be responsible for their exploitation. The State undertakes the port services and any other services which public economic interests demand .

Article 17 :

The entire national economy is directed in accordance with a development plan prepared by the State . The draft plan is prepared and executed effective participation of the working people . 11

with

the

у an The plan shall have the force of law and overrules an® other law . A supreme council is formed for national planning out of the Council of Ministers for performing the tasks of national planning. Article 18 :

The Constitution guarantees private ownership , and its contents and limitations emanate from the laws and social duties towards society . Ownership is a social responsibility and its use should not conflict with the public welfare. The State shall regulate and protect the succession right .

Article 19 :

The property of the Sultans, Amirs , Shaikhs, and rulers of the defunct regime, and the property of all persons mentioned in the Law of Agrarian Reform , are expropriated without compensation . The land is to benefit the agricult ural workers, the poor peasants and citizens who migrated from the towns and deserts. The extent of land -ownership is limited by law . The land which is distributed by the Agrarian Reform . amongst the agricultural workers, the poor peasants, and the citizens who migrated from the towns and deserts, enjoy the special protection of the State and must not be taken over by any person . The exploitation of the land is a public duty and its non - exploitation leads to its expropriation and distribution amongst others to benefit from the land . The State shall guarantee implementing of Agrarian Reform in the shortest possible time in all parts of the country in accordance with the principles of social justice and with the participation of the agricultural workers and peas ants . The State shall encourage the agricultural co-operative societies and shall form State farms.

The State also undertakes the management of the lands and property of Wakf. 12

Article 20 : The State supports the national productive private sector to develop the national economy. The State shall take interest in the small merchants , craftsmen , and fishermen and shall encourage them to develop the national economy.

The State shall encourage the establishment of coopera tive societies in these sectors, in particular those co - ope rative societies which ought to be encouraged and the owner ship of which shall be organised on the basis of parity . Article 21 :

The State directs external trade and supervises and adapts it , and shall also direct the public sector for home trade and works on its development as an integral part of the national economy. It is the duty of the State to form economic relations directly with other countries. The State may direct home trade either by itself or with the cooperation of the private sector, in a way that ensures a just distribution for the people's good.

Article 22 :

The State regulates the currency and monetary systems . The State imposes rates, taxes, and duties in accordance with the law .

Article 23 :

The State shall encourage insurance and savings . It undertakes the responsibility of the banking and insurance sectors in accordance with the developed economic and social relations in the country.

Article 24 :

No foreigner shall own any property in the People's Democratic Republic of Yemen except in accordance with conditions required by law . No foreign capital shall be invested except within limits which the development of the national economy requires and in a way that is in consonance with the aims of the national democratic revolution and laws . The State exercises the control of revenues and their use .

Article 25 :

The Yemen forms an economic unity. 13

CHAPTER THREE Special and Cultural Foundations

Article 26 :

The State shall protect the working -class and shall raise its standard in various economic scopes. The State shall guarantee, through the development of the national economy the contribution of citizens in an increasing manner in its productive structure.

Article 27 :

Public education is the foundation of social progress and all sectors of the nation have a right. The State shall undertake public education in accord ance with the requirements and benefits of the national democratic revolution and as an important feature of it . The State shall provide every assistance for the prog ress of science and arts and shall encourage scientific and artistic inventions and artistic creation and shall protect their products .

Article 28 :

The State shall look after the welfare of the youth and shall provide their political, cultural, intellectual and physical education. And for this purpose takes interest in youth organisa tions and clubs .

Article 29 :

The State shall strengthen the family status and shall protect mother and child . The State shall take such political , economic, social and cultural measures necessary for the constitution of the family correctly so as to perform its functions.

Article 30 :

Article 31 :

The State shall raise the standard of the under-developed areas and shall gradually obliterate illiteracy so that all governorates achieve the same standard of living . The State shall preserve the Arabic and Islamic It shall encourage human culture and liberate society from corrupt conceptions fropagated by imperialism , colonialism and the enemies of progress. It liberates society from backward tribalism and thus civic education serves the national democratic Revolution .

15

Article 32 :

The State shall encourage civic education serves the cause of peace founded on justice and humanity , It also protects the national progressive heritage and helps in the achievement of the national democratic Revolution . The State shall establish for this purpose libraries and other public educational institutions, and shall encourge the foundation of societies .

16

PART Two CITIZENS AND THEIR ORGANISATIONS

17

CHAPTER ONE The Fundamental Rights and Duties of Citizens

Article 33 :

The fundamental rights and duties of citizens express the political, economic , social and educational relations which are provided for by this Constitution , and the realis ation of which leads to an increase in the political activity of the working people and to the achievement of social justice. The State shall guarantee the exercise of these rights by all citizens in accordance with the goals of the national democratic Revolution .

Article 34 :

All citizens are equal in thier rights and duties irresp ective of their race, ethnic origin , religious faith , language, level of education or social status . All are equal in the eye of the law . The State does all it can do to realise this equality through providing equal political, economic, social and educational opportunities.

Article 35 :

Every citizen has the right to work , and work is an obligation in the case of all able- bodied citizens. The State shall guarantee this right for every citizen in an incerasing way by developing the national economy and increasing the national income and establishing democratic conditions of work . The working people contribute through their trade unions and cooperative societies in an effective and growing manner in the creation of working conditions. Work is regulated by law . The law regulates wages and social security to guarantee suitable wages for workers and to portect them against wrongful dismissal and to offer security in disability and old age . No citizen will be prevented from practising his profe ssion or occupation or work throughout the Republic.

19

Article 36 :

The State shall guarantee equal rights for men and women in all fields of political, economic and social scope and shall provide in a progressive manner the conditions necessary for realising that equality . The working women is given special attention vocational qualifying.

for

The State shall also ensure special protection for working women and children by granting paid leave for expectant mothers as stated by law . The State shall establish nurseries and kindergartens and other means of care and custody as indicated by the law . The State shall give special care and attention to the families of the martyrs of the Revolution .

Article 37 :

All citizens have the same right to education . The State shall give special attention to those who have been hitherto deprived of education as a result of their social circumstances.

The State shall prepare gradually a programme for the abolition of illiteracy, and for the establishing of various schools , universities , and educational and teaching instit itutions . The State shall cause also to make public teaching compulsory and free. Article 38 :

Every citizen has the right to contribute to lay down the political, economic, social, and cultural life in accordance with the principles prescribed by the Constitution , in the whole Republic, the Governorates and Principalities , the towns and villages , for the benefit of the national democratic Revolution . Every citizen has the right to lodge complaints and proposals to the State machinery and its establishments, either directly or through his social establishment .

Article 39 :

Personal freedom is guaranteed . Arrest is not permitted except in connection with deeds which are punishable by law .

20

No person shall be subjected to torture during inves tigations nor shall he be forcedto admit or be treated in an inhuman way . Corporal punishment is prohibited.

Article 40 :

Criminal responsibility is personal. The law shall prescribe the cases where people are responsible materially.

Article 41 :

No punishment shall be inflicted for actions committed before the enactment of the law prohibiting such acts nor there shall be inflicted any punishment not provided for by law. No law shall provid for cruel or inhuman punishment. Penalties restricting liberty shall not be inflicted except by competent courts.

Article 42 :

Every citizen may resort to the judicature to protect his lawful rights and interests.

Self - defence is guaranteed . The State shall facilitate for the paupers to resort to the judicature and the means of defence . Article 43 :

No citizen shall be deprived of his nationality except in the cases prescribed by law .

Article 44 :

Dwellings are entitled to privacy sanctioned by law , and this privacy may not be interfered with except in connection with deeds affecting the security of the Revolution and with due regard to the law .

Article 45 :

The privacy of correspodence and all means of commu nications are guaranteed . This secrecy shall not be revealed except in the cases prescribed by law or which necessitated by the criminal trials in connection with State defence and public security.

Article 46 :

Islam is the State religion . The freedom of belief in other religions is guaranteed. The State protects the freedom of religions and beliefs according to observed custom on condition that this shall be in compliance with the princilpes of the Constitution .

21

Article 47 :

The State shall guarantee the sanctity of secintific research and literary, artistic and education achievements in accordance with the aims of the Constitution , and provides the means for realising that. The State shall guarantee the freedom of expression by speech, writing, illustration or any means of expression.

The law regulates the freedom of expression through the press and other media of publication and information so as to strengthen the national democratic system and preserve public manners and national security without prejudice to the liberty and dignity of the citizens. Article 48 :

Article 49 :

Article 50 :

Citizens are entitled to congregate and demonstrate within the spirit of the goals of the Constitution . Medical attention is the right of every citizen . The State shall guarantee this right by instituting various kinds of hospitals and medical institutions and by organizing the medical profession and expanding free medical services and by diffusing amongst the citizens an awareness of public hygiene . Movement from one part of the Republic to another is guaranteed . Restrictions may only be imposed according to law or if it is necessitated by the protection of national security or public health . The freedom to enter and leave the country as well as immigration shall be regulated by law .

Article 51 :

It is the duty of every citizen to defend the homeland , its independence, unity and the national democratic system .

Article 52 :

Every citizen shall protect and support public owner ship as the essential material basis for the national democratic Revolution .

Article 53 :

Public service is an exalted obligation and an honour . Every person entrusted with public service is obliged to perform it with honesty and the most efficiency possible. He ought to bear in mind the public welfare and the law in the performance of the duty . The law shall regulate the conditions of public service and the responsibilities of the public servants, as well as defining the duties of the State towards the citizens . 22

Article 54 :

Everybody shall cotribute towards the public revenue according to his ability . The State must observe gradualism when imposing taxes , in accordance with the income of the citizens .

Article 55 :

No citizen of the People's Democratic Republic of Yemen shall be handed over to a foreign power. The State may grant political asylum to foreigners persecuted abroad for their struggle in national and social liberation and for the principles specified in this Constitution

23

CHAPTER TWO Organisations and their Rights Article 56 :

The State

shall guarantee

the

right

to

congregate

voluntarily in mass organisations which serve the aims of the Constitution and which elevate the level of political, economic, social , and cultural activities of the working people . Such organisations may operate with reference to the whole Republic or within the Governorates. Article 57 :

Unions are mass organisations representing the welf are of the working people . They are entrusted with the protection of their interests and the strengthening of democratic awareness of the members. The unions contribute

in

the national democratic

Revolution by mobilising their members for the realisation of the economic plan and improving training, vocational employment and protecting public ownership. The working people exercise through the unions their right in participating in the management of nationalised and public enterprises . Through the exercise of their social functions the unions conclude collective work agreements and share in fixing wages and financial incentives. The unions back discipline in work and supervise social insurance, the organisation of working hours , working conditions and lesiure time and accommodation for their members. The unions also supervise the settlement of industrial disputes .

Article 58 :

The Women's organisation shall unite women and girls so as to develop political awareness amongst women to enable them to play a productive role in society for the realisation of educational and cultural tasks within the family , and to assist women to benefit from their rights as laid down in the Constitution on the basis of equality with men .

25

Article 59 :

The Youth organisation shall unite students, workers, young people, peasants and the intelligensia, The Youth organisation shall cover training, education , culture, and the general strive of the working people to achieve the national democratic Revolution . The organisation shall promote the political awareness of its members in accordance with the aims of the national democratic Revolution and shall back their scientific, artistic and recreational training. The organisation problems.

shall

partake

in

solving

general

It shall exert all its effect to abolish illiteracy and backwardness. It also ensures that its members employ their spare time in the service of the people and in solving their problems. Article 60 :

The law shall regulate the possibilities of forming other organisations to assist the peasants in their mutual work , or organisations operating in the field of culture , science, the arts and recreation for the people's good. The law shall regulate the chief tasks of these organisations as required by the principles of this Constitution .

Article 61 :

The cooperative societies which are formed on the basis of voluntary membership serve the cause of increased productivity. They bear a high degree of responsibility for the development of the national economy, for the encour agement and supports of cooperative ownership and for the level of awareness of the members . The law shall regulate the types of these societies and the method of their establishment and shall regulate their activities and the manner of supervising and managing them . These regulations constitute the basis of the constitution of the cooperative societies .

26

PART THREE THE ORGANISATION OF THE STATE POWERS

27

CHAPTER ONE

The People's Supreme Council Article 62 :

There is only one State Power in the People's Democ ratic Republic of Yemen and this power is vested in the sovereignity of the working people . The power of the State is exercised through organs elected by the people or through such organs that are formed as necessitated by its will and in accordance with the aims and tasks of the Constitution .

Article 63 :

The highest organ of State power is the People's Supreme Council.

It is the constitutional and legislative organ . It approves the political princilpes of the State and guarantees its cohesive implementation through all the governmental and social organs. The People's Supreme Council enacts laws and takes decisions which render imperative the development of the People's Democratic Republic of Yemen and which bind everybody. Article 64 :

The People's Supreme Council discusses the basic issues concerning the internal and external policy of the State and makes related resolutions . It aims in its decisions at the creating of objective circumstances for the develop ment of the national democratic revolution in the People's Democratic Republic of Yemen .

On such basis the Council decides the general policy for the functions of Presidential and Ministerial Councils. Article 65 :

The National Economic Development Plan which is proposed by the State is put forward for discussion and decision to the People's Supreme Council, it has the force of law . The People's Supreme Council discusses reports of the Presidential and Ministerial Councils connected with the implementation of the annual plan, and approves the annual budget which is submitted by the Ministerial Council and any modifications thereto . It also approves the final State accounts .

29

The budget of the previous year continues to apply until the adoption of a new budget is completed . Article 66 :

The People's Supreme Council ratifies international, political and ecoomic treaties of a public nature whether relating to defence, alliance or peace or the modification of the boundaries of the Republic, or those resulting in finan cial obligations on the State or which need the passing of a law for their implementation . It is a condition for implementation of these treaties that a law should be passed adopting them . It is not permitted to modify or abrogate them except by law.

Article 67 :

A State defence may only be announced with the approval of the People's Supreme Council and the announ cement is made by the Presidential Council . The People's Supreme Council specifies, in accordance with the law , the exceptional powers which can be exercised by the Persidential and Ministerial Councils during the state of defence.

Article 68 :

The People's Supreme Council consists of 101 members elected on the basis of general , equal and direct elections in the electoral centres as stated in the electoral law .

Article 69 :

Each Member of the People's Supreme Council in the first session of the People's Supreme Council prior to assuming his duties shall take the following oath : “ I swear by Almighty Allah and the homeland that I shall serve the People's Democratic Republic of Yemen and the national democratic revolution with fidelity, loyalty and self -denial. I shall respect the Constitution and the Laws and attend to the public good of the people and the interests of the State. I shall expend the utmost effort in the defence of the freedom and independence of the homeland and its unity ” .

Article 70 :

The People's Supreme Council decides the legality of the membership of its members and electoral challenges will be passed on to the Attorney General so that he may assess which view is to be put forward to the People's Supreme Council which will take a decision in that regard.

30

The membership is deprived of by a decision passed by a two -third majority vote of the members of the People's Supreme Council.

Article 71 :

The People's Supreme Council elects from amongst its members in its first meeting a Standing Committee for the period of its term of office . The Council is presided over during this election by the oldest member. The Standing Committee is composed of the President three other members and the Secretary. The Standing Committe is entrusted with presiding over the meetings of the People's Supreme Council in addition to its special duties mentioned in the Constitution . The other duties are allocated by means of Standing Orders .

Article 72 :

The of office and for Council

the

People's Supreme Council forms during its term Committees responsible for reviewing draft laws drawing the attention of the Peoplc's Supreme to any contravention of the Constitution .

The implementation of the laws is also reviewed by State and the economic organisation .

The number and the mode of operation of the Com mittees are regulated by means of Standing Orders .

Article 73 : the

The following matters are regulated by a law passed by People's Supreme Council : 1.

Nationalization , expropriation and the maximum limits of ownership .

2.

Regulation

3.

Relations concerning workers and social security .

4.

Regulation of ownership mercial relations .

5.

Currency

6.

Monetary systems and any project which the State Treasury will undertake to finance , or any fiscal burden upon citizens .

of

the

public

sector.

and

civil and

com

regulations .

31

7.

Regulations concerning the concerning public utilities.

natural

8.

Regulations concerning the expenditure of the State properties.

9.

The obligations of the military service and the general principles for organising national defence. punishments

10. Specifying crimes, proceedings .

wealth

and

or

criminal

11. General Amnesty. 12. Nationality . 13. The Electoral System . 14. The establishment Judicial System.

of Judicial

bodies

and

the

15. The Local Government System and its Adminis tration . 16. Civic rights and individual guarantees. 17. Regulations concerning mass organisations, such as Unions , Cooperative Societies, Federations and other societies .

18. The fixing of the salaries of the President and the members of the Presidential Council , the Prime Minister and the members of the Ministerial Council . 19. The special regulations for payment of salaries, pensions, compensation , assistance and subsidies from the State Treasury.

These matters may be regulated during periods in between the meetings of the People's Supreme Council by laws made by the Presidential Council, provided that these laws are put forward for approval at the next meeting of the People's Supreme Council . If a law is not approved by a majority of the People's Supreme Council , then that law is ipso facto annulled . Article 74 :

The Presidential and Ministerial Councils may propose laws directly , The members of the People's Supreme council may propose laws provided the proposal is seconded by at least one-third of the members . The draft laws proffered by the Presidential or Ministerial Council are put forward by 32

the Standing Committee of the People's Supreme Council to the Committee concerned which has to examine and report on them to the People's Supreme Council. Mass organisations are entitled to proffer proposals to the Standing Committee of the People's Supreme Council in relation to matters which in their opinion necessitate regulation by law The draft laws proffered by members of the People's Supreme Council and by mass organisations are put for ward for examination by the Standing Committee of the People's Supreme Council to the Constitutional and Legal Committee which decide whether to recommend their review by the People's Supreme Council , and if so they are to be put forward to the Committee concerned which will submit a report on them to the People's Supreme Council . Any draft law proposed by the People's Supreme Council or any mass organisation which is rejected by the People’s Supreme Council must not be put forward again to the People's Supreme Council until the expiry of one year .

Article 75 :

Laws which have been approved by the People's Supreme Council and the Presidential Council shall be published by the Chairman of the Presidential Council in the Official Gazette within a month . The laws come into force fourteen days after being passed if no provision to the contrary is stipulated .

Article 76 :

The People's Supreme Council shall elect the President and members of the Presidential Council . The Presidential Council is responsible and accountable to the People's Supreme Council for its functions. The People's Supreme Council may, on the basis of a motion by at least one- third of its members , re - form the Presidential Council or relieve any of its members of his duties . The passing of such a resolution requires a majority vote of the members of the People's Supreme Council . If the Chairman of the Presidential Council is relieved from his office, the Presidential Council must resign .

33

Article 77 : and

The People's Supreme Council elects the Prime Minister the members of the Ministerial Council who

are to be proposed by the Presidential Council . The Minist erial Council is jointly responsible and accountable to the People's Supreme Council , and any one of its members is also responsible and accountable individually. The majority of the members of the Ministerial Council must be members of the People's Supreme Council . After the election of the Ministerial Council, the Prime Minister presents a statement concerning the programme of the Ministerial Council for the whole period of its term of office. The People's Supreme Council scrutinises and super vises the functions of the Ministerial Council. The People's Supreme Council discusses the programme and reports of the Ministerial Council . It is entitled to direct to the Prime Minister and the members of the Ministerial Council questions concerning their functions. It is also entitled to require the appearance of the Minister concerned to reply to those questions . The People's Supreme Council may decide to withdraw confidence in the Prime Minister or the members of the Ministerial Council: In the case of the withdrawal of confidence in the Prime Minister, the Ministerial Council shall resign , and in the case of withdrawal of confidence in any one of the members of the Ministerial Council , that member shall resign . A vote of confidence shall not however, be taken except on the basis of a motion by at least one-third of the members of the People's Supreme Council . This resolution requires a majority vote of the members of the People's Supreme Council . If a successful vote of non -confidence in the Prime Minister is adopted more than twice during one full term of office, then the People's Supreme Council is hereby dissolved and new elections must be held .

Article 78 :

The term of office of the People's Supreme Council is three years as from the date of the first meeting .

34

The first meeting of the People's Supreme Council must be held within 30 days of its election . The election of a new People's Supreme Council shall be held during the 60 days prior to the end of theterm of office of the existing People's Supreme Council. The People's Supreme Council exercises its authority until the newly elected People's Supreme Council convenes . The Presidential Council shall call for the holding of the elections and supervises them .

Article 79 :

If the term of office of the People's Supreme Council expires during a state of defence , it may resolve by a maj ority vote of its members or on the basis of a resolution of the Presidential Council to extend its period of office until the State of defence ceases .

Article 80 :

The Presidential Council calls , with the agreement of the Standing Committee of the People's Supreme Council , for the holding of the meetings of the People's Supreme Council and specifies the agenda. A request for the holding of a meeting of the People's Supreme Concil may be presented to the Presidential Council by the Ministerial Council or by one-third of the members of the People's Supreme Council . A meeting of the People's Supreme Council may not be ended if the issue of confidence is raised by any member of the Presidential or Ministerial Councils until a resolution is taken in that regard.

Article 81 :

The People's Supreme Council may form out of its members special Committee in accordance with its standing Orders. The People's Supreme Council may form out of its members Committees for investigation into matters concer ning the public good. The Committees of investigation shall hear to all interested parties when receiving the evidence . The Committees of investigation shall submit the results of their investigations to the People's Supreme Council which will take the necessary decisions .

35

Article 82 : The meetings of the People's Supreme Council shall be public but it may convene a meeting in camera on the basis of a motion by the Persidential Council or the Minis terial Council or a motion by at least a quarter of its members. The Council decides whether the debates on the topic raised for discussions are to be held in public or in camera .

Article 83 :

A meeting of the People's Supreme Council shall be vaild if a majority of its members attend . The decisions of the People's Supreme Council shall be passed by a majority of its members attending unless otherwise provided for by this Constitution . In the case of the votes being equally divided , the subject under discussion is ipso facto rejected .

Article 84 :

The members of the People's Supreme Council shall not be held responsible for any idea or view expressed during the performance of their duties in the People's Supreme Council or its Committees . No criminal proceedings shall be taken against any member accusing him of a criminal charge except with the consent of the People's Superme Council. In the event of the non-convening of the People's Supreme Council it is possible to grant authorization with consent of the perman ent People's Supreme Council, provided that the People's Supreme Council agrees to that through its Standing Commi ttee in a subsequent meeting .

Article 85 :

No armed force shall enter the quarters of the People's Supreme Council except at the request of the Standing Committee of the People's Supreme Council. It is also prohibited to enter the quarters of the People's Supreme Council with arms except at the request of the Standing Committee of the People's Supreme Council .

Article 86 :

Every member of the People's Supreme Council shall represent the national public good of the people . He is bound to consult his constituents and to accept their proposals and comments and to answer these with honesty. He must develop their awareness of the aims of the national democratic revolution , and the Yemeni, Arab and world democratic struggle .

36

Article 87 :

Voters of a constituency may decide to withdraw confidence from a member of the People's Supreme Council who represents the constituency. This demand is presented by a quarter of the electors in that constituency . The People's Supreme Council takes a majority decision regarding this demand .

Article 88 :

The People's Supreme Council is exclusively concerned with the acceptance of the resignation of its members .

Article 89 :

Allowances payable to members of the Supreme Council shall be specifid by law .

Article 90 :

The People's Supreme Council shall dissolve after a decision to that effect is taken by a two -third majority of its members. The motion debating its dissolution is to be moved by at least one - third of its members or by the Presidential Council .

37

People's

CHAPTER TWO The Presidential Council

Article 91 :

The Presidential Council shall realise — as an organ of the People's Supreme Council — all the fundamental taskes emanating from the Constitution as well as the laws and resolution of the People's Supreme Council, during the intervals between the meeting of the People's Supreme Council.

Article 92 :

The Presidential Council shall undertake the following functions : 1.

The representation of the Republic internally and externally,

2.

Specifying the time for the election of the People's Supreme Council, the People's Local Councils, and the supervision of these elections,

3.

The nomination of the Prime Minister and the Members of the Council of Ministers,

4.

The appointment of the members of the Supreme Council for National Defence ,

5.

The proposal of draft laws,

6.

The issuing of laws approved by the People's Supreme Council and the Presidential Council and their publication and the issuing of resolutions for the implementation of these laws,

7.

The appointment and dismissal of officers in charge of positions of leadership in the State, The creation of military grades and the appoint ment of the leaders of the armed forces and secu

8.

rity forces, 9.

The appointment and dismissal of the judges of the Supreme Court and the appointment and dismissal of the Attorney General and the supervi sion of his work ,

10. The granting of medals and decorations determ ined by law , and the permission to bear deco rations and medals granted by other countries , 39

11. The ratification of international treaties and the agreements which do not require the ratifica tion of the People's Supreme Council, 12. The creation of diplomatic missions and the app ointment and dismissal of the political represen tatives of the State abroad, 13. The accreditation of the political representatives of foreign states , 14. General amnesty , pardons and the commuting of sentences . 15. The granting of the right to political asylum , 16. The declaration of a state of emergency or public mobilisation in the event of a threat to the external or internal state security .

17. The declaration of a state of defence in the event of a threat of external aggression against the Republic . Article 93 :

The Presidential Council shall consist of the Chairman and no less than two members and no more than six members. The Chairman and members of the Presidential Council shall be elected by the People's Supreme Council from amongst its members in its first meeting. The Presidential Council may elect from amongst its members one or more Vice. Chairman . The Presidential Council shall be re - formed in the event of holding new elections for the People's Supreme Council provided that the Presidential Council shall continue to exercise its functions until a new Presidential Council is formed .

Article 94 :

The Chairman directs the functions of the Presidential Council and signs the resolutions taken by the Presidential Council .

Article 95 :

The Chairman of the Presidential Council represents the Republic in its foreign relations. 40

Article 96 :

The Chairman and members of the Presidential Council shall before practising their functions, take an oath before the People's Supreme Council in the form prescribed for the members of the Presidential Council in the Standing Orders of the Presidential Council .

Article 97 :

The Presidential Council may require through its Chairman reports from the Prime Minister concerning the realisation of tasks which the Council of Ministers is responsible for implementing.

Article 98 :

The Presidential Council shall inform the People's Supreme Council of its view of the internal and external policies . It may propose that the People's Supreme Council debate certain issues and take decisions in that regard .

Article 99 :

The Chairman and members of the Presidetnial Counci' may tender their resignation to the People's Supreme Council . The People's Supreme Council shall take a decision in that regard with a two-third majority of its members . If the resignation of the Chairman of the Presidential Council is accepted , the Presidential Council must resign .

Article 100 :

The Chairman and the Members of the Presidential Council shall not , during the term of their office , practice an independent profession , commercial or industrial occupation . They shall not buy, rent, let or sell State property or exchange it for any of their property.

41

CHAPTER THREE The Ministerial Council

Article 101 :

The Ministerial Council is the supreme executive and adminiatrative organ of the State. It consists of the Prime Minister and the Ministers . The Ministerial Council desig nates the duties of the deputies of the Prime Minister and the Ministers.

Article 102 :

The Ministerial Council undertakes the implement ation of the general policy of the State in the field of poli tices, economics, sociology, education and defence as laid down by the People's Supreme Council and the Presidential Council . All members of the Ministerial Council are jointly responsible . Every member is completely responsible for his particular sphere .

Article 103 :

The Ministerial Council exercises the following func tions : 1.

The proposing of the broad and external policy .

outlines for internal

2.

Proferring of draft laws to the People's Supreme Council .

3.

Preparing the State draft economic plan and the annual budget and regulating its implementation ,

4.

The appointment of the members of the Supreme Council for National Planning.

5.

Preparing the final State accounts .

6.

Ratifying of international treaties and agreements before they are put to the People's Supreme Council or the Presidential Council according to their respective powers as stated in this Constitu tion .

7.

Taking necessary measures for preserving the internal and external security of the State and protecting citizens ' rights . 43

8.

Directing and co -ordinating the functions of the Ministeries , establishments , administrative organs and public corporations and their supervision .

9.

The appointment of leaders in responsible offices, their dismissal, transfer, discipline and the super

vising of the achieving of the policy of the cadre in the State machine . Article 104 :

The resolutions of the Ministerial Council shall be binding on the Governors and Mamours of the districts , and they shall be implemented in all cases . The Governors and Mamours and the deputy Mamours are accountable and responsible to the Ministerial Council .

Article 105 :

The Prime Minister shall direct the functions of the Ministerial Council and shall preside over the Ministerial Council . The Prime Minister represents the Ministerial Council in all matters relating to the implementation of public policy. The Prime Minister supervises the implementation of the resolutions of the Ministerial Council .

Article 106 :

The Prime Minister may be entitled to require from the Members of the Ministerial Council reports relating to any

matter in respect of any Ministerial affairs or powers exerc ised by them , and the Members are bound to submit such reports . Article 107 :

Every Minister shall undertake the supervision of the affairs of his Ministry and the guidance of its departments in the whole Republic . He shall implement the public policy of the Ministerial Council in his Ministry . Every Minister is responsible for the functions of his Ministery to the Ministerial Council . The law shall specify the cases in which the Minister can make the necessary decision for the implementation of the laws . The Ministerial Council may abolish or modify the Minister's decisions if they appear to be unsuitable .

44

Article 108 :

The law shall define the cases which permit the appoint ment, dismissal , transfer or discipline of employees by means of a decision of the Minister concerned .

Article 109 :

The Prime Minister and Members of the Ministerial Council shall take the Constitutional Oath before the Presi dential Council and in the presence of the Chairman of the Standing Committee of the People's Supreme Council in the same phraseology prescribed for the members of the Pepole's Supreme Council.

Article 110 :

If the Prime Minister is no longer able to bear the responsiblities of the Ministerial Council, he shall tender his resignation to the Presidential Council . The Presidential Council shall pass on this tender accompanied with its written opinion to the People's Supreme Council to make its decision in that regard . A decision approving the resignation requires two -third majority vote of the People's Supreme Council. A member of the Ministerial Council tenders his resig nation to the Prime Minister and decision is taken in that regard by a majority of the members of the People's Supreme Council. If the Prime Minister or a majority of the Members of the Ministerial Council tender their resignation, the Minis terial Council must resign , after a two -third majority deci sion of the People's Supreme Council is taken . The term of office of the Ministerial Council comes to an end on the election of a new People's Supreme Council but the Ministerial Council continues to practise its func tions until a new Ministerial Council is duly elected .

Article 111 :

If the cooperation between the Prime Minister and a member of the Ministerial Council becomes clearly imposs ible , the Prime Minister may put forward this matter for an appropriate decision of the Presidential Council or may proffer appropriate proposals to the People's Supreme Council which will take the steps it deems necessary .

Article 112 :

The prohibition prescribed by Article 100 of this Constitution applies to the Prime Minister and the Members of the Council of Ministers over the whole period during which they carry out their functions.

45

CHAPTER FOUR Local Organs of State Power and their Administration Article 113 :

The local organ of State power and its adninistration is part of the power of the State in the People's Democratic Republic of Yemen . The law regulated the local organ of State power and its administration on the basis of democratic centralisation .

Article 114 :

The law shall regulate the creation of local People's Council which are regarded as the local organs of State power which administer and scrutinise local administ ration . The law defines the tasks allocated, and the rights and duties in relation to local legislation and local surve illance . The law is aiming in that respect to transfer the State power gradually to the elected People's Councils. The People's Council are elected on the basis of free , universal , equal, direct suffrage in accordance with the development of political, economic, and social relations .

Article 115 :

The power of the local organ of the State is exercised in the Governorates, Districts, and Centres of the People's Democratic Republic of Yemen . These administrative divisions may be modified or re-organised by law .

46

PART FOUR DEMOCRATIC LEGALITY AND THE JUDICIARY

47

PART FOUR Democratic Legality and the Judiciary Article 116 :

The laws and legal provisions must agree with the contents and spirit of the Constitution . The State shall guarantee democratic legality. The decisions taken by the Presidential and the Minis terial Council must accord with the law . The publication of the laws and resolutions is regulated by law in a manner that ensures the widest scope of publicity.

Article 117 :

The judicature serves the protection and the develop ment of the People's Democratic Republic of Yemen , its social system and State structure . The Judicature shall guarantee the implementation of democratic legality and protects the peaceful life and liberty of the citizens, their rights and welfare and the dignity of man .

Article 118 :

The judicial authority is exercised in the People's Democratic Republic of Yemen through the courts which are formed in accordance with the laws . The State shall form a Republic Supreme Court . The Minister of Justice exercises supervisory compe tence in relation to the administration of judicial authority in all courts . It is permitted to convene special courts if the powers of such courts have been specified previously by law . This accords in particular with : 1.

The formation ofmilitary councils and courts.

2. The formation of courts and arbitral tribunals in matters concerning the national economic plan , commerce and economy . The People's Court must develop their functions in a comprehensive manner in the Republic as specified by law .

49

The Ministerial Council exercises supervision on the administration of judicial authority in the People's Courts. Article 119 :

The State shall guarantee the unity of the judiciary and it issues gradually a democratic civil law, a law of employ ment and a family law, and a criminal law in accordance with the principles of this Constitution . The State shall provide the conditions which assist to resolve the problems of the citizens speedily, justly and in a democratic procedure through the restoration of a democratic organisation for the judicature and laying down of democratic measures .

Article 120 :

It is permissible that the judges be people who offer sureties with their persons and jobs that they will exercise their jurisdictions in accordance with the principles of the Constitution .

Article 121 :

Judges are independent in their powers and bound by the Constitution, the laws, and the correct legal principles in the realisation of democratic legality. The judge shall adjudicate in accordance with the national democratic principles represented in the spirit of the Constitution in certain cases where no law or legal provision has been passed or approved . This applies also to laws and regulations sanctioned prior to independence and the application of which will result only in a decision contrary to the principles of the Constitution .

Article 122 :

The courts adjudicate and pronounce judgment in the name of the people. Trials are public except for cases specified by law or if the nature of the dispute necessitates privacy, or if state security or public morality is otherwise in jeopardy.

Article 123 :

The State shall guarantee the contribution of the citizens to the exercise of judicial authority in an increasing way . The law shall regulate the details of the contribution by the working people to the exercise of judicial authority .

50

Article 124 :

1

The Attorney General directs the prevention of crime and ensures that those who commit crimes or any offences account for their deeds in the courts and he also supervises the adherence to the law in detention and prevention centres. The Attorney General is responsible and answerable for the abovementioned functions to the Minister of Justice . The Presidential Council invigilates the functions of the Attorney General. In the case of an appeal against the propriety of the elections he states his poinion in the forum of the People's Supreme Council in accordance with Article 70 of this Constitution . His other jurisdictions are regulated by a law relating to Public Prosecutions.

51

PART FIVE NATIONAL DEFENCE AND SECURITY

53

PART FIVE

National Defence and Security Article 125 :

The armed forces, the security forces, and the popular forces shall protect the sanctity of the State of the People's Democratic Republic of Yemen including its air -space, territorial waters, and continental shelf. The State shall organise the defence of the homeland and the protection of the national democratic system and the peaceable life of the citizens. The armed forces, the security forces, and the popular forces shall protect the national democratic achievements of the people against any attack . The armed forces and the security forces contribute to the building of the homeland .

Article 126 :

The law regulates the creation of armed forces, their organisation and compulsory military service. The State shall develop the armed forces politically and militarily .

Article 127 :

The commanders of the armed forces shall be appoin ted by a decision taken by the Presidential Council with the provision that the commanders utilize all their time in the performance of the responsibilities of their offices. The law shall define their functions. The commanders of the armed forces shall not be dismissed from their offices except by Presidential Council.

Article 128 :

decision

of

the

The Supreme Council for National Defence shall be formed to assess matters concerning the means of security and protection of the homeland and the mobilization of all its resources and capacities for facing the requirements of national defence. The Supreme Council for National Defence shall be set up by a resolution taken by the Presdiential Council . The law shall define its functions in a state of defence.

55

Article 129 :

The law shall regulate the creation of security forces and their organisation .

The State shall develop the security forces politically and militarily. Article 130 :

There shall be created popular forces which shall be regulated by law .

56

PART Six TRANSITIONAL AND STANDING PROVISIONS

57

PART SIX Transitional and Epilogistic Provisions Article 131 :

All laws and resolutions of the General Command of the National Front Organisation , and all laws and resolutions of the Authority of the National Democratic State which are formed in accordance with a resolution of the National Front Organisation remain effective unless repealed or modified in accordance with the rules of this Constitution . Likewise, all decisions, judgments, measures and actions aimed at protecting the Revolution , and which were made by organs and courts set up in accordance with the resolution of the General Command of the National Front Organisation or the decision of the State , shall not be refuted or modified or corrected in any case whatsoever by any organ unless the contrary is decided by the People's Supreme Council in accordance with the provisions of this Constitu tion .

Article 132 :

The provision of the Constitution shall be modified on a motion moved by one-third ofthe members of the People's Supreme Council or on a motion moved by one-third of the members of the People's Supreme Council or on a motion moved by the Presidential Council or the Ministerial Council. The motion must show the Articles requiring modifica tion and the reasons which necessitate such modification . In all cases , the People's Supreme Council shall discuss the proposals for amendment, and the resolution to amend the Constitution must be carried by two -thirds of the votes of the members.

Article 133 :

The General Command — as a political command - of the Political Organisation of the National Front , is respon sible for the holding of the first elections of the People's Supreme Council . The Presidential Council and the Ministerial Council will continue to discharge their duties until a new Presiden tial Council and a new Ministerial Council are elected in accordance with this Constitution . 59

Article 134 :

The General Command sets up a temporary People's Supreme Council for a period of one year to perform the tasks of the People's Supreme Council provided for by this Constitution .

Article 135 :

The Constitution is a binding law with immediate effect .

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