(As amended on 29
September 1994 - see note)
PART ONE: THE
OF THE STATE
Chapter I: The Political Foundations
Article (1) The Republic of Yemen is an Arab,
Islamic and independent sovereign state whose integrity is inviolable, and no part of
which may be ceded. The people of Yemen are part of the Arab and Islamic nation.
Article (2) Islam is the religion of the state, and
Arabic is its official language.
Article (3) Islamic Shari'ah is the source of all
Article (4) The people of Yemen are the possessor
and the source of power, which they exercise directly through public referendums and
elections, or indirectly through the legislative, executive and judicial authorities, as
well as through elected local councils.
Article (5) The political system of the Republic of
Yemen is based on political and partisan pluralism in order to achieve a peaceful
transformation of power. The Law stipulates rules and procedures required for the
formation of political organizations and parties, and the exercise of political activity.
Misuse of Governmental posts and public funds for the special interest of a specific party
or organization is not permitted.
Article (6) The Republic of Yemen confirms its
adherence to the UN Charter, the International Declaration of Human Rights, the Charter of
the Arab League, and dogma of international law which are generally recognized.
Chapter II: The Economic Foundations
Article (7) The national economy is based on
freedom of economic activity which benefits both the individual and society and which
enhances national independence. The national economy should be founded on the following
Islamic social justice in economic relations which aims at
developing and promoting production, achieving social integration and equilibrium,
providing equal opportunities and promoting higher living standards in society.
Lawful competition between the public, private, cooperative
and mixed economic sectors, and realisation of equal and just treatment in all sectors.
Protection and respect for private ownership, which cannot
be confiscated unless necessary in the public interest, in lieu of fair consideration and
in accordance with law.
Article (8) All types of natural resources and
sources of energy, whether above ground, underground, in territorial waters, on the
continental shelf or the exclusive economic zone are owned by the state, which assure
their exploitation for the common good of the people.
Article (9) The state's economic policy shall be
based on scientific planning which ensures the best exploitation of all resources and the
promotion of capabilities for all economic sectors in all socioeconomic fields of
development and within the state's development plan which serves the common interest and
the national economy.
Article (10) The state shall sponsor foreign trade
and promote internal trade and investment in a way that serves the national economy. The
state shall issue legislation that guarantees protection for producers and consumers,
availability of basic commodities, restriction of monopoly and shall promote, according to
the law, private capital investment in all socio-economic development fields and in
accordance with law.
Article (11) The law shall regulate the state's
official currency and the financial and banking systems. It shall also define
measurements, standards and weights.
Article (12) Taxes should be assessed with regard
to the public interest in order to achieve social justice among citizens.
Article (13) The imposition, amendment, and
cancellation of taxes shall only be authorized by law. No one is to be partially or fully
exempted from the payment of taxes except as stipulated in the law and no one shall be
subject to taxes, fees or other charges except by law.
Article (14) The state shall encourage cooperation
and savings. It shall sponsor efforts to establish cooperative projects and activities of
Article (15) The law shall specify the basic rules
for the collection and disbursement of public funds.
Article (16) The executive power is not authorized
to contract loans or guarantee them or associate itself with a project that entails the
spending of public funds in a coming year/years without the approval of the House of
Article (17) The law shall specify the scales of
salaries, wages, compensations, subsidies and bonuses payable from the government
Article (18) Contracting concessions regarding
natural resources and public facilities should be undertaken according to the law. The law
may illustrate some cases of limited significance in which concessions could be granted
according to rules and procedures clarified in the law. The law shall define cases and
ways of granting certain immobile and mobile property, and rules and procedures to be
undertaken. The law shall also regulate the ways of awarding concessions to local
entities/units and the free disposal/use of public funds.
Article (19) Public funds and properties are
inviolable. The state and all members of society shall maintain and protect them. Any
attack on or misuse of these, shall be considered sabotage and an aggression on society,
and those who violate their sacrosanctity shall be punished in accordance with the law.
Article (20) General confiscation of property is
prohibited; Private confiscation is not allowed without a legal judgment.
Article (21) The state shall collect the Zakat
(Shari'ah tax) and shall spend it through its legal channels in accordance with the law.
Article (22) Endowment properties are inviolable.
Those who control them are obliged to improve and develop their resources and spend them
in a way that secures the accomplishment of their objectives and legal aims.
Article (23) The right of inheritance is guaranteed
in accordance with Islamic tenets (Shari'ah). A special law will be issued accordingly.
Chapter III: Social and Cultural Foundations
Article (24) The state shall guarantee equal
opportunities for all citizens in the fields of political, economic, social and cultural
activities and shall enact the necessary laws for the realization thereof.
Article (25) Yemeni society is based on social
solidarity, which is based on justice, freedom and equality according to the law.
Article (26) The family is the basis of society,
its pillars are religion, customs and love of the homeland. The law shall maintain the
integrity of the family and strengthen its ties.
Article (27) The state shall guarantee freedom of
scientific research and achievements in the fields of literature, arts and culture, which
conform with the spirit and objectives of the Constitution. The state shall provide means
conducive to such achievements and shall provide support and encouragement for scientific
and technical invention, and artistic creation and shall protect achievements thereof.
Article (28) Public office is a duty and an honour.
Persons in public office are to serve the public interest and the people. The law shall
specify the terms of public service and the duties and rights of persons in public office.
Article (29) Work is a right, an honour, and a
necessity for society's progress. Every citizen has the right to choose the appropriate
work for himself within the law. No citizen can be compelled to do any work except within
the law, and in which case it is to serve the common interest and be in return for a fair
wage. The law shall regulate union activities and professional work, and the relationship
between workers and employers.
Article (30) The state shall protect mothers and
children, and shall sponsor the young.
Article (31) Women are the sisters of men. They
have rights and duties, which are guaranteed and assigned by Shari'ah and stipulated by
Article (32) Education, health and social services
are the basic pillars for building and developing the society. Society shall with the
state take part in providing them.
Article (33) In cooperation with society, the state
bears responsibility for consequences resulting from natural disasters and public crises.
Article (34) It is the duty of the state and all
members of society to protect and maintain the archaeological and historical sites. Any
abuse of the sites or confiscation of archaeological finds shall be considered sabotage
and an assault against society. The law shall punish those who abuse their inviolability
or sell them.
Chapter IV: The National Defence Foundations
Article (35) The state is the authority to
establish the armed forces, the police, the security forces and any such bodies. Such
forces belong to all the people and their function is to protect the republic and
safeguard its territories and security. No organization, individual, group, political
party or organization may establish forces or paramilitary groups for whatever purpose or
under any name. The law stipulates the conditions for military service, promotion and
disciplinary procedures in the military, police and security forces.
Article (36) General mobilization shall be
organized according to the law and shall be proclaimed by the President of the Republic
following the approval of the House of Representatives.
Article (37) The National Defense Council, headed
by the President of the Republic, will exist to attend to matters pertaining to means of
safeguarding the Republic and its security. The law shall determine its composition,
duties and other functions.
Article (38) The police is a civilian and formal
force which performs its duties for the service of the people and guarantees peace and
security for the people. It shall preserve the law, keep public order, protect general
behavior, implement the orders of the judicial authority and execute duties dictated to it
by the Country's laws, and police by-laws.
Article (39) Military, security, police and other
forces shall not be employed in the interest of a party, an individual or group. They
shall be safeguarded against all forms of differentiation resulting from party
affiliation, racism, factionalism, regionalism and tribalism in order to guarantee their
neutrality and the fulfillment of their duties in the proper manner. The members of all
forces are banned from party memberships and activities according to the law.
PART TWO: THE BASIC
AND DUTIES OF CITIZENS
Article (40) Citizens are all equal in rights and
Article (41) Every citizen has the right to
participate in the political, economic, social and cultural life of the country. The state
shall guarantee freedom of thought and expression of opinion in speech, writing and
photography within the limits of the law.
Article (42) The citizen has the right to elect and
nominate himself as a candidate in an election, as well as the right to demonstrate his
opinion in a referendum. The law shall regulate the provisions regarding the practice of
Article (43) The law shall regulate Yemeni
nationality. Any Yemeni shall not be deprived of his nationality. Once Yemeni nationality
is acquired it may not be withdrawn except in accordance with the law.
Article (44) A Yemeni national may not be
extradited to a foreign authority.
Article (45) Extraditing political refugees is
Article (46) Criminal liability is personal. No
crime or punishment shall be undertaken without a provision in the Shari'ah or the law.
The accused is innocent until proven guilty by a final judicial sentence, and no law may
be enacted to put a person to trial for acts committed retroactively.
The state shall guarantee to its citizens their personal
freedom, preserve their dignity and their security. The law shall define the cases in
which citizens freedom may be restricted. Personal freedom cannot be restricted without
the decision of a competent court of law.
No individual can be arrested, searched or detained unless
caught in the act (in flagrante delicto) or served with a summons from a judge or
the Public Prosecutor, which is necessary for the progress of an investigation or the
maintenance of security. No person can be put under surveillance unless in accordance with
the law. Any person whose freedom is restricted in any way must have his dignity
protected. Physical and psychological torture is prohibited. Forcing confessions during
investigations is forbidden. The person whose freedom is restricted has the right not to
answer any questions in the absence of his lawyer. No person may be imprisoned or detained
in places other than those designated as such and governed by the law of prisons. Physical
punishment and inhumane treatment during arrest, detention or imprisonment are prohibited.
Any person temporarily apprehended on suspicion of
committing a crime shall be presented in front of a court within a maximum of 24 hours
from the time of his detention. The judge or Public Prosecutor shall inform the detained
individual of the reason for his detention and questioning and shall enable the accused to
state his defense and pleas or reputals. The court then gives an order justifying the
release of the accused or extending his detention. In all cases, the Prosecutor is not
entitled to continue detention of the accused individual more than seven days except with
a judicial order. The law shall define the maximum period of custody.
Upon arrest, for whatever reasons, a person may immediately
contact someone of his choice. The same notification shall be repeated whenever a court
orders the continuation of the detention. If the nominated person can not be notified, the
detainee's closest relative or concerned friend shall be notified.
The law shall determine the punishment for whosoever
violates any of the stipulations of this Article and it shall also determine the
appropriate compensation for any harm the person suffers as a result of such a violation.
Physical or psychological torture at the time of arrest, detention or jail is a crime that
cannot be prescribable. All those who practice, order, or participate in executing,
physical or psychological torture shall be punished.
Article (48) The right to defend oneself in person
or by representation is guaranteed during all periods of investigation and in front of all
courts, in accordance with the rules of the law. The state shall guarantee judicial
assistance to those who cannot afford it, according to the law.
Article (49) Execution of punishments shall not be
undertaken by illegal means. The law shall organize such matter.
Article (50) Citizens have the right of recourse to
the courts to protect their rights and lawful interests. They also have the right to
submit their complaints, criticisms, and suggestions to the various government offices
directly or indirectly.
Article (51) Residences, places of worship, and
educational institutions have a sanctity which may not be violated through surveillance or
search except in the cases stipulated by the law.
Article (52) The state shall guarantee the freedom
and confidentiality of mail, telephone, telegram and all other means of communication,
none of which may be censored, searched, exposed, delayed or confiscated except in cases
specified by law and according to a court order.
Article (53) Education is a right for all citizens.
The state shall guarantee education in accordance with the law through building various
schools and cultural and educational institutions. Basic education is obligatory. The
state shall do its best to obliterate illiteracy and give special care to expanding
technical and vocational education. The state shall give special attention to young people
and protect them against perversions, provide them with religious, mental and physical
education, and the appropriate environment to develop their aptitude in all fields.
Article (54) Health care is a right for all
citizens. the state shall guarantee this by building various hospitals and health
establishments and expanding their care. The law shall organize the medical profession,
the expansion of free health services and health education among the citizens.
Article (55) The state shall guarantee social
security for all citizens in cases of illness, disability, unemployment, old age or the
loss of support. The state shall especially guarantee this for the families of those
killed in war according to the law.
Article (56) Freedom of movement from one place to
another within the country is guaranteed for all citizens, and may not be restricted
except by law and for reasons necessitated by the security and safety of the people. The
law shall regulate entry and exit from Yemen. No citizen may be deported from or denied
return to Yemen.
Article (57) In as much as it is not contrary to
the Constitution, the citizens may organize themselves along political, professional and
union lines. They have the right to form associations in scientific, cultural, social and
national organizations in a way that serves the goals of the Constitution. The state shall
guarantee these rights, and shall take the necessary measures to enable citizens to
exercise them. The state shall guarantee freedom for the political, trade, cultural,
scientific and social organizations
Article (58) Paying taxes and public dues or
charges of public hardships is a duty according to the law.
Article (59) Defending religion and the homeland is
a sacred duty; military duty is an honour, and national service is to be organized by law.
Article (60) Preserving national unity,
safeguarding secrets of the state, respecting the laws and following their rules are every
PART THREE: ORGANISATION
OF THE STATE AUTHORITIES
Chapter I: The Legislative Authority
The House of Representatives
Article (61) The House of Representatives is the
legislative authority of the state. It shall enact laws, sanction general state policy and
the socio-economic plan, and approve government budgets and final accounts. It shall also
direct and monitor the activities of the Executive Authority as stipulated in this
Article (62) The House of Representatives consists
of 301 members, who shall be elected in a secret, free and equal vote directly by the
people. The Republic shall be divided into constituencies equal in number of population
with a variation of not more than 5% plus or minus. Each constituency shall elect a member
to the House of Representatives.
A voter must meet the following two conditions:
must be a Yemeni citizen.
must be at least 18 years old.
A candidate for the House of Representatives must meet the
must be a Yemeni.
must be at least 25 years old.
must be able to read and write (literate).
must be of good character and conduct, fulfill his
religious duties and have no court convictions against him for committing crimes that
contradict the rules of honour and honesty, unless he was pardoned /reprieved.
Article (64) The term of the House of
Representatives is four calendar years starting from the date of its first session. The
Speaker shall call the voters to elect a new House at least sixty days before the expiry
date of the existing House. If in extraordinary circumstances, elections cannot be held,
the existing House continues to function until such circumstances are overcome and
elections can be held.
Article (65) The House of Representatives is to be
located in Sana'a, the capital. Internal regulations determine the conditions under which
the House may hold meetings outside the capital city.
Article (66) The House of Representatives issues
its internal regulations, stipulating the procedures of its working committees, its
prerogatives and constitutional powers. Such regulations, enacted and amended by law, may
not contradict or amend any clause in the Constitution.
Article (67) The House shall be competent to
determine the legitimacy of its membership. Any appeal shall be submitted to the Supreme
Court within 15 days of its delivery to the House. The Court's findings and verdict must
be submitted to the House, which will judge the validity of the appeal within 60 days of
receiving the verdict of the court. Membership of the House may not be nullified except by
a resolution taken by two thirds of the House. The investigation must be completed within
90 days from the date of the submission of the appeal to the Supreme Court.
Article (68) The House of Representatives alone
shall have the exclusive right to maintain order and security within the premises of the
House. The Speaker of the House shall take charge of such responsibility through a special
guard force under his command. No other armed force may enter the House premises or take
positions near its entrances except at the request of the Speaker.
Article (69) The House of Representatives shall, on
an invitation from the President of the Republic, hold its first meeting no later than two
weeks after the announcement of the results of the elections. If no such invitation is
made, the House shall meet on the morning following the date of expiration of the said two
Article (70) At its first meeting, the House of
Representatives shall elect from among its members, a chairman and three Deputies to form
the Presiding Board of the House. The oldest member shall chair the House during the
election of the Speaker and the House's internal regulations shall specify all the
procedures for electing the Presiding Board of the House, its duration and its other
functions. The House shall include a General Secretariat, presided over by a Secretary
General, the internal regulations of the House shall specify the rules that relate to its
formation and other rules connected to it.
Article (71) For the meetings of the House of
Representatives to be valid, it is necessary for more than half of its members to attend,
excluding those whose seats were declared vacant. Decisions shall be taken by an absolute
majority of the attending members except in cases where the Constitution or House
regulations demand a specific majority. If the results of voting are equally divided,
further deliberations must be rejected within the same session, but shall be given
priority if submitted in another session.
Article (72) Meetings of the House of
Representatives shall be open to the public but the House may hold closed meetings at the
request of the Speaker, the President, the Government, or at the request of at least
twenty members of the House. The House shall then decide whether the discussion of the
subject should be conducted openly or in closed meetings.
Article (73) The House shall annually hold two
ordinary sessions. It may be called to hold extraordinary sessions. The internal
regulations of the House shall specify the dates of the ordinary sessions and their
duration. In times of necessity, the House may call for extraordinary sessions by
Presidential decree, a decision by the Presiding Board of the House, or a written request
from one third of the members. The House session shall not be adjourned during the last
quarter of the year before the endorsement of the General Budget of the state.
Article (74) A member of the House of
Representatives represents the whole nation, guards the public interest and his
representation may not be subjected to any restriction or special condition.
Article (75) A member of the House of
Representatives shall, prior to his assumption of membership duties, swear the
Constitutional oath before the House in an open session.
Article (76) The Speaker and members of the House
of Representatives, the Presidency Board and other members of the House shall receive a
fair remuneration specified by law. The Chairman of the Councilor Ministers, his deputies
and ministers shall not be entitled to such remuneration if they happen to be members of
the House of Representatives.
Article (77) If a seat of a member of the House of
Representatives becomes vacant for more than a year before the expiry of the House's
tenure, a replacement shall be elected within sixty days of the House's declaration of the
vacancy and this membership ends when the existing House duration comes to an end.
Article (78) A member of the House of
Representatives shall not interfere with the work of the Executive or the Judicial
authorities. Article (79) Membership of the House of Representative may not be combined
with membership of a local council or with any public employment. Membership of the
Council of Ministers may concur with membership of the House of Representatives.
Article (80) A member of the House of
Representatives shall not be held responsible for facts he comes across or matters he
raises in the House or any of its committees, or for his voting pattern in open or closed
meetings. This does not apply to cases of slander or defamation by members.
Article (81) A member of the House of
Representatives may not be subject to procedures of investigation, inspection, arrest,
imprisonment, or punishment except with the permission of the House of Representatives
save in the case his being caught in the act, and in such a case, the House shall be
notified forthwith. The House shall make sure of the rectitude of the procedures followed
in such cases. If the House is in recess, permission shall be sought from the Presidency
Board of the House, and the House of Representatives shall be notified at the first
meeting following the procedures taken.
Article (82) Members of the House of
Representatives submit their resignations to the House, which has the exclusive right to
Article (83) The membership of a member of the
House of Representatives may not be nullified unless any of the membership conditions
stipulated in this Constitution cease to apply, or if the member commits a grave violation
of the membership duties according to the specifications of the internal regulations of
Article (84) A member of the House of
Representatives and the government have the right to propose bills for laws, and their
amendments. In the case of financial laws that aim at increasing or abolishing an existing
tax, or decrease or give exemption from part of it, or aim at allocating part of the state
funds for a certain project, these may only be proposed by the government or by at least
20% of the representatives. All the proposed laws presented by a member or additional
members of the House shall not be referred to one of the committees of the House before
being studied by a special committee which will determine whether the proposal meets the
requirements for action by the House. If the House decides to discuss any of these it can
be transferred to the committee responsible for examining and reporting thereon. Any
proposed law submitted by others than the government may not be submitted again during the
Article (85) Within a maximum of twenty-five days
of the Formation of the new government, the Chairman of the Council of Ministers shall
present his governments programme to the House of Representatives in order to win a vote
of confidence by the majority of the members of the House. If the House of Representatives
is in recess, it is to be recalled for an extraordinary session. The members of the House
and the House as a whole has the right to comment on the government's program. The failure
of the government to win the required majority is to be considered a with-holding of
Article (86) The House of Representatives shall
approve comprehensive social and economic development plans. A law shall be enacted to
stipulate the process of the preparation of such plans, their submission to the House and
the approval thereof.
The proposed general budget shall be submitted to the House
of Representatives at least two months before the beginning of the fiscal year. A vote
shall be taken on each part of the budget. It shall be enacted by a law. The House may not
change the proposed budget without the approval of the government. No allocation of
revenue for a specific purpose may be authorized except by a law. If the budget law is not
enacted before the beginning of the fiscal year, the previous year's budget shall be
followed until the new budget is approved.
The law shall specify the way to prepare and categorize the
general budget as well as specifying the fiscal year.
Article (88) The transfer of any amount from one
section to another of the general budget must be approved by the House of Representatives.
Every expenditure not provided for in the budget or any additional revenue shall only be
authorized by law.
Article (89) The law shall specify the rules of the
budgets of public authorities, corporations and companies, their accounts, the autonomous
and supplementary budgets, and their final accounts. With he exception of the above, these
budgets shall be subject.
Article (90) The final accounts of the Government's
annual budget shall be submitted to the House within a period that does not exceed nine
months from the end of the fiscal year. Voting on the Bill shall be made on a section by
section basis and shall be approved by an enactment of law. Also the annual report of the
organization concerned with the auditing and control of government accounts shall be
submitted to the House, together with its comments thereon. The House of Representatives
has the right to ask the Organization to submit any supplementary documents or reports.
Article (91) The House of Representatives shall
ratify international political and economic treaties and conventions of a general nature,
of whatsoever form or level, and in particular those connected to defense, alliance,
truce, peace or border alterations, and those, which involve financial commitments on the
slate or for which their execution needs the enactment of a law.
Article (92) The House of Representatives has the
right to present instructions and recommendations to the government regarding general
issues. If the government failed to execute these instructions and recommendations it has
to justify such action to the House.
Article (93) At least twenty per cent of the
members of the House may move a motion to discuss a public issue, request explanation of
government policies and exchange views concerning that issue.
Article (94) Upon a request signed by at least ten
of its members, the House of Representatives may create a special committee or instruct
one of its committees to investigate any issue which is contrary to public interest or to
investigate the actions of any ministry, government agency, board, public/mixed
corporation, or local councils. To carry out such investigations, the committee may gather
proof and hold hearings by seeking testimony from any party/person it deems necessary. All
executive and special authorities shall comply by laying all information or documentation
they possess at the disposal of the relevant committee.
Article (95) The responsibility of the Council of
Ministers is both collective and individual. Every member of the House of Representatives
may pose questions to the Prime Minister, any of his deputies, ministers or deputy
ministers on any matter falling within their responsibilities and they are under
obligation to provide answers accordingly. The questioning may not be converted into an
interpolation during the same sitting.
Article (96) Every member of the House has the
right to direct an interpolation to the Prime Minister, his deputies and ministers to hold
them accountable for matters under their charge. Responses to and discussions of such
interpolations shall take place after at least one week, except in cases which the House
deems urgent, and to which the government agrees.
Article (97) The House of Representatives may
withdraw confidence from the government. The House may not withdraw confidence from the
government before an interpolation directed at the Prime Minister or he who is acting on
his behalf. The request for interpolation must by signed by a third of the members of the
House. The House cannot vote on the issue of no-confidence in the government without seven
days' notification of such a vote. A majority is necessary to pass a vote of
Article (98) The Prime Minister, his deputies,
ministers, and their deputies are given the floor whenever they ask to clarify any points
in the deliberations of the House of Representatives. They may also bring along any senior
officials to assist in such deliberations. However, such representatives of governments
may not participate in the votes of the House unless they are members thereof. The
government or any of its members must comply with the request of the House of
Representatives to attend any of its meetings.
Article (99) Voting on bills is done on an Article
by Article basis. The final vote must be on the bill as a whole. The internal regulations
of the House explain the procedures in this respect.
Article (100) The President of the Republic may not
dissolve the House of Representatives except in urgent circumstances and only after a
nation-wide referendum on the reasons for the dissolution. The President of the Republic
shall issue a decree that suspends the sessions of the House and calls for the referendum
within thirty days. If an absolute majority of the voters are in favour of the
dissolution, the President shall issue a decree of dissolution. The decree shall
simultaneously call voters to elect a new House of Representatives within a date that does
not exceed sixty days from the date of the announcement of the results of the referendum.
If the dissolution decree does not include the above-mentioned call, or elections did not
take-place, the dissolution is considered void and null and the House shall meet by under
the power of the Constitution. The House shall also meet under the power of the
Constitution if a referendum does not take place within thirty days or does not gain the
required majority. If elections are held, the new House must hold its first session within
ten days following the completion of elections. If the House is not called to meet, it
must hold its first session by the end of the said ten days in accordance with the rules
of the Constitution. Once the House of Representatives is dissolved, the new House of
Representatives may not be dissolved again for the same reason. In all cases, the House of
Representatives may not be dissolved in its first session.
Article (101) The President of the Republic has the
right to request a review of any bill which is approved by the House. Based on a reasoned
decision, he must then return the bill to the House of Representatives within thirty days
of its submission. If he does not return the bill to the House within this period, or if
the requested review is not heeded the Bill is then approved once again by the majority of
the House, it shall be considered a law, and the President shall issue it within two
weeks. If the President does not issue the law, it comes into effect under the power of
the Constitution, and is, at once, published in the Official Gazette and come into
operation two weeks later.
Article (102) All laws are published in the
official gazette, and are announced within two weeks of issuance, and shall come into
force within thirty days of their publication. This period may be shortened or extended by
specific provision in the law.
Article (103) Laws shall only apply to cases
occurring after they become operative. No laws may be applied in a retroactive manner.
However, in matters other than taxes and penal measures, specific stipulations in the law
may determine otherwise. In such case, the approval of two thirds majority is needed in
the House of Representatives.
Chapter II: The Executive Authority
Article (104) Executive authority shall be
exercised, on behalf of the people, by the President of the Republic and the Council of
Ministers within the limits stated in the Constitution.
The First Branch: The Presidency of the Republic
The President of the Republic is the President of the state
and shall be elected according to the Constitution.
The President shall have a Vice President to be appointed
by the President. The rules of Articles 106, 116, 117 and 126 shall be applied to the Vice
Article (106) Every Yemeni who
meets the following specified conditions may become a candidate for the post of the
President of the Republic:
To be at least forty years old.
To be a descendant of Yemeni parents.
To be at liberty to practise his political and civil
To be of good character, practise his Islamic duties and
have no dishonorable criminal record and if so, he has been reprieved.
Not to be married to a foreign spouse or to enter into such
a marriage during his term of office.
Article (107) Nomination and election of the
President shall be as follows:
Election of the President of the Republic shall be by the
people and in a competitive elections.
Proposals must be submitted to the Speaker of the House of
Candidatures must be studied by the Presiding Board of the
House of Representatives to ensure that the candidates meet the constitutional conditions.
Names of candidates who meet the conditions shall be
presented to the House for approval.
A candidate who wins the recommendation of 10% of the
members is considered a candidate for the post of the President of the Republic.
The House of Representatives is bound to recommend at least
two persons for the post of the President of the Republic before submitting the candidates
to the people in competitive elections.
The person who wins an absolute majority of those who
participated in the elections is considered the President of the Republic. If none of the
candidates win this majority, elections shall be repeated according to the above
procedures for the two candidates who got the highest number of votes.
Article (108) The President of the Republic must
perform. the constitutional oath in front of the House of Representatives before assuming
Article (109) The President of the Republic shall
materialize the will of the people, respect the Constitution and Law, protect national
unity and the principles and objectives of the revolution. He shall adhere to the
principle of a peaceful transition of power, supervise the sovereign tasks concerning the
defence of the Republic and foreign policy, and exercise his authority according to the
Article (110) The President of the Republic is the
Supreme Commander of the Armed Forces.
Article (111) The term of the President of the
Republic is five calendar years from the date of performing the constitutional oath. No
person may assume the post of President of the Republic for more than two five-year terms,
in accordance with the previous rules of the Articles of this section.
Article (112) If the term of the House of
Representatives expires in the same month as the term of the President of the Republic,
then the Presidential term is prolonged until Parliamentary elections are held. Within
sixty days of the first meeting of the new House of Representatives, the new President
shall be elected.
Article (113) Within ninety days prior to the
expiry of the term of the President, procedures must be initiated to elect the new
President. The election thereof must be completed at least one week before the expiry
date. If such elections cannot take place for any reason, the old President continues his
functions for a maximum of ninety days based on an authorization from the House of
Representatives. The prolongation of the term for more than ninety days can only take
place if the country is in a state of war, or suffering a natural disaster or another
emergency situation, under which electing the President becomes impossible.
Article (114) The President may submit his
resignation, stating his reasons, to the House of Representatives which may accept it by
an absolute majority vote of all his members. If the resignation is not accepted, the
President may submit a further resignation within three months, and this time the House of
Representatives is obliged to accept it.
Article (115) If the post of the President of the
Republic becomes vacant or should the President become permanently disabled, the Vice
President temporarily takes over the presidential functions for a period that does not
exceed sixty days, during which new elections for the President of the Republic shall take
place. If the posts of the President of the Republic and Vice President become vacant at
the same time, the Presiding Board of the House shall temporarily take over the functions
of the President. If the House of Representatives is under dissolution, the government
shall replace the Presiding Board of the House in carrying out the functions of the
Presidency, and in this case election of the President of the Republic shall take place
within a period that does not exceed sixty days from the first session of the new House of
Article (116) The law determines the salaries and
appropriations of the President of the Republic, and he is not entitled to any other
emolument or remuneration.
Article (117) The President of the Republic may not
during his term, directly or indirectly, engage in any private business of any kind
whether commercial, financial, or industrial. He is not allowed to buy or rent government
property, not even through an open auction and he is not allowed to lease, sell, or barter
any of his property to the state.
Article (118) The
responsibilities of the President of the Republic are as follows:
To represent the Republic internally and externally.
To call the voters, at the specified time, to elect the
House of Representatives.
To call for national referenda.
To name the person who will form the government, and to
issue a republican decree with the names of the cabinet members.
To lay down the general policy of the state jointly
implementation as stipulated in the Constitution.
To call the cabinet to a joint meeting with the President,
as the need arises.
To name the members of the National Defense Council
according to the Law.
To promulgate the laws passed by the House of
Representatives and their publication, and to issue the decrees that execute them.
To appoint and dismiss senior government officials and
military/police officers according to the law.
To establish military ranks according to the Law.
To award badges, medals and decorations stipulated by Law,
or to permit the wearing of badges and honours awarded by other states.
To issue decrees endorsing Treaties and Conventions
approved by the House of Representatives.
To ratify agreements that do not require the approval of
the House of Representatives if approved by the Cabinet.
To establish diplomatic delegations abroad and to appoint
and recall ambassadors according to the law.
To accredit diplomatic representatives of foreign countries
and organizations in Yemen.
To grant political asylum.
To proclaim states of emergency and general mobilization
according to the Law.
Any other functions stipulated in the Constitution and Law.
Article (119) If, while the House of
Representatives is in recess or under dissolution, urgent decisions are required, then the
President of the Republic can issue decrees which have the power of law, provided such
decrees do not contradict the Constitution or the budgetary estimates. Such decrees have
to be presented to the first meeting of the House of Representatives If they are not
presented, the House may discuss them and take appropriate decisions thereon. If the House
of Representatives rejects those decrees, they become null and void from the date the
House decides and the House of Representatives determines how the consequences are to be
Article (120) The President of the Republic,
following a proposal by the relevant minister and approval from the Council of Ministers,
shall issue resolutions and regulations to implement laws and to regulate and organize
general administration and government departments. These regulations may not obstruct any
Law and may not have the effect of exempting any one from abiding by them. The President
may authorize others to issue such regulations. The law may designate who issues such
Article (121) The President declares a state of
emergency by a republican decree according to the law. The House of Representatives shall
be called to session within one week and be presented with the declaration of emergency.
If the House of Representatives is dissolved, then the old House of Representatives is
called to session by the Constitution. If the House is not called to session, or the
declaration of the state of emergency has not been presented to it, then the state of
emergency shall cease to exist according to the Constitution. In all cases, a state of
emergency is only declared in circumstances of war, internal discord, or natural
disasters. Declaring the state of emergency shall only be for a limited time, and may not
be extended, except with the approval of the House of Representatives.
Article (122) The President of the Republic has the
right to demand reports from the Prime Minister concerning the implementation of the
duties of the Council of Ministers.
Article (123) A Death sentence shall not be
executed unless endorsed by the President of the Republic.
Article (124) The Vice President assists the
President in his duties. The President may delegate some functions of his to the Vice
Article (125) A decree by the President of the
Republic shall form a Consultative Council from experienced and qualified specialists in
order to expand the base of participation through consultation and to make use of national
expertise and qualifications available in different areas of Yemen. The law shall clarify
the special rules that concern the Council.
Article (126) The President of the Republic may be
charged with grand treason, violation of the Constitution, or any other action that
prejudices the independence and sovereignty of the country. Such a charge requires the
petitioning of half of the House of Representatives. The indictment decision on this
matter requires the support of two thirds of the House of Representatives and the law
stipulates the procedures of the trial. If the charge is directed at the President and his
deputy, then the Presidency Board of the House of Representatives temporarily assumes the
duties of the President and until the giving of the court's verdict on the charges brought
against the President. The House of Representatives shall pass the above mentioned law in
the first regular round of its sessions once this Constitution takes effect. If the
court's verdict finds either of the two guilty, then he is relieved of his post by the
Constitution, and is then subject to the normal penalties of the law. In all cases,
Prescription shall not be applied to crimes stipulated in this article.
The Second Branch: The Council of Ministers
Article (127) The Council of Ministers is the
government of the Republic of Yemen, and it is the highest executive and administrative
authority of the state. All state administrative organizations, agencies, corporations,
without exception, are under the directives of the Council of Ministers.
Article (128) The government is composed of the
Prime Minister and his deputies and Ministers who together shall form the Council of
Ministers. The law defines the general basis for organizing ministries and the various
authorities/agencies of the state.
Article (129) The Prime Minister, his deputies and
the Ministers shall meet the same conditions as must be met by a member of the House of
Representatives, in addition, his age must not be less than thirty years, excepting the
Prime Minister who must not be less than forty years old.
Article (130) In consultation with the President of
the Republic, the Prime Minister chooses the members of his cabinet, and seeks the
confidence of the House of Representatives on the basis of a program he submits to the
Article (131) The Prime Minister and the ministers
are collectively responsible for the actions of the government before the President of the
Republic and the House of Representatives.
Article (132) Before the Prime Minister and the
ministers can assume their responsibilities, they shall perform the constitutional oath
before the President of the Republic.
Article (133) The law stipulates the salaries of
the Prime Minister, his deputies, the ministers and vice-ministers.
Article (134) During their term of office, the
Prime Minister and Ministers may not engage in any other public office, or in any private,
commercial, financial or industrial activities, even if indirectly. They may not
participate in any undertakings the government (or any of its corporations) contracts, and
they may not combine the posts of minister with membership of the board of directors of
any company. During their term, they may not purchase, rent or barter government property,
even through an open bid. They may not lease, sell, or barter any of their property to the
Article (135) The Council of Ministers is
responsible for the execution of overall state policies in the political, economic,
social, cultural, and defense fields, according to the laws and regulations. In
particular, it shall exercise the following:
To participate, in conjugation with the President of the
Republic, in preparing broad outlines of internal and external policies.
To prepare drafts of the national economic plan, and the
annual budget, to organize and execute them, and to prepare the government's final
statement of accounts.
To prepare drafts of laws and resolutions and present them
to the House of Representatives or the President of the Republic according to the
jurisdiction of each.
To approve Treaties and Conventions before presenting them
to the House of Representatives or the President of the Republic according to the
responsibilities of each.
To take the necessary measures to guard the internal and
external security of the state, and to protect the rights of citizens.
To guide, coordinate and review the activities of the
ministries, the administrative apparatus, corporations and boards and the public and mixed
sectors according to the law.
To appoint and dismiss senior government officials
according to the law, and to set and execute the policies that technically intend to
develop manpower in government organizations, and to train/qualify personnel according to
the needs of the country within the framework of the economic plan.
To follow up the execution of laws, and to protect state
To supervise the organization and administration of the
monetary, credit and insurance systems.
To contract and award loans within the overall policies of
the state, and within the limits of the provisions of the Constitution.
Article (136) The Prime Minister shall manage the
affairs of the Council of Ministers and shall head its meetings. He shall represent the
Council in the implementation of the state's general policies and shall supervise the
execution of Council decisions and overall state policies in a unified and coordinated
manner. He may demand from any members of the cabinet, reports on any matter pertaining to
their ministries and the duties assigned to them, and they must comply with such demands.
The President of the Republic and the House of
Representatives has the right to place the Prime Minister, or his deputies or ministers
under investigation and trial for any crimes committed by them in discharging their duties
or as a consequence thereof. A decision of the House of Representatives to take such a
measure shall be based on a proposal presented by at least fifth of its members. The
accusation may not be issued without the support of two thirds of the House.
Those accused according to paragraph 1 mentioned-above
shall be suspended from work until judgment is passed. Their dismissal may not stop the
charge against him or the course of the charge.
The investigation and trial of the Chairman of the Council
of Ministers, his deputies and ministers and the trial procedures and guarantees [of
fairness] shall be as stipulated by law.
The rules of the previous items are applicable to Vice
Article (138) If the Council of Ministers resigns,
or is dismissed, or confidence is withdrawn, it remains as a caretaker government
responsible for day to day administration until a new government is formed. A caretaker
government may not appoint or dismiss officials.
Article (139) The Prime Minister, if it becomes
clear that his cooperation with one of the members of the cabinet has become impossible,
may request from the President the dismissal of the said member.
Article (140) If the Prime Minister becomes unable
to carry out his responsibilities, or if the House of Representatives bars! withholds!
withdraws confidence from the Council of Ministers, or a general election for the House of
Representatives is undertaken, the Prime Minister is obliged to tender the resignation of
his government to the President of the Republic.
Article (141) If the majority of the members of the
Council of Ministers submit their resignations, the Prime Minister has to tender the
resignation of the whole government.
Article (142) Each minister is in charge of the
supervision and direction of his ministry and its branches throughout the Republic. He is
responsible for the execution of the government's overall policies in his ministry. The
law specifies the resolutions and regulations that the Minister may issue to implement the
The Third Branch: Bodies of Local Authority
Article (143) The territory of the Republic of
Yemen is divided into administrative Units. The law shall identify their number, borders,
divisions and the objective criteria for the administrative divisions. Also the law shall
show the way for nominating, electing and selecting their chairpersons, and shall specify
their functions and duties within their areas.
Article (144) The administrative districts enjoy a
nominal personality and shall have councils which must be freely and fairly elected, both
at the local and governorate level, which shall exercise their functions within the
borders of the administrative area. They shall propose programmers, plans and investment
budgets for the administrative district as well as supervise, monitor and audit the
agencies of the local authority according to law. The law shall specify the means for
nomination and election of the local authority, its administration and financial
resources, the rights and duties of its members, its role in the execution of development
plans and programmes and all other rules, through considering the adoption of the
principle of administrative and financial decentralization as the foundation of local
Article (145) All the administrative units and the
local councils are an inseparable part of the power of the state. The governors shall be
responsible before the President of the Republic and the Council of Ministers, whose
decisions are obligatory to the districts and councils which must execute them in all
cases. The law defines the methods of control over the actions of the local councils.
Article (146) The state shall encourage and sponsor
the local cooperative administrations as they are one of the most important means of local
Chapter III: The Judicial Authority
Article (147) The Judiciary authority is an
autonomous authority in its judicial, financial and administrative aspects and the General
Prosecution is one of its sub-bodies. The courts shall judge all disputes and crimes. The
judges are independent and not subject to any authority, except the law. No other body may
interfere in any way in the affairs and procedures of justice. Such interference shall be
considered a crime that must be punished by law. A charge regarding such interference
cannot be nullified with the passing of time.
Article (148) The judiciary is an integrated
system. The law organizes this system in terms of ranks, responsibilities, the terms and
procedures of appointment, transfer and promotion of judges, and their other privileges
and guarantees. Exceptional courts may not be established under any conditions.
Article (149) Members of the judiciary and public
Prosecution office shall not be dismissed except under the conditions stipulated by the
law. They may not be transferred to non-judicial posts except with their own consent, the
approval of the relevant judicial council, unless that was taken as a disciplinary
measure. The law shall regulate the disciplinary trial of the judiciary and it organizes
Article (150) The judiciary shall set up the
Supreme Judicial Council. The law shall organize it, clarify its functions and system of
nominating and appointing its members. The Supreme Judiciary Council shall execute these
guarantees for the judiciary in the fields of appointment, promotion, discharge and
dismissal according to the law. The Council shall study and approve the judicial budget in
preparation for inserting it as one item within the overall budget of the state.
Article (151) The Supreme Court of the Republic is
the highest judicial authority. The law shall specify how it can be formed, clarify its
functions and the procedures to be followed before it. It shall undertake to do the
Judge cases and pleas that laws, regulations, bylaws and
decisions are not constitutional.
Judge disputes over conflict of jurisdiction.
Investigate and give opinions regarding appeals referred by
the House of Representatives which relate to its membership.
Rule on appeals of final judgments in civilian, commercial,
criminal, personal and administrative disputes and disciplinary cases according to the
To try the President of the Republic, the Vice-President,
the Prime Minister, his deputies, the ministers and their deputies according to the law.
Article (152) Court sittings are open to the public
unless a court determines, for reasons of security or general morals, to hold sessions
behind closed doors. In all cases, verdicts are announced in an open session.
PART FOUR: THE
EMBLEM, FLAG AND NATIONAL ANTHEM OF THE REPUBLIC
Article (153) The law stipulates the Republic's
insignia, emblems, badges, and national anthem.
Article (154) The national flag is composed of
three colors. These are, starting from the top: Red, white, black.
Article (155) The city of Sana'a is the capital of
the Republic of Yemen.
PART FIVE: BASIS FOR
AMENDING THE CONSTITUTION AND GENERAL PROVISIONS
Article (156) The President of the Republic and the
House of Representatives have the right to request an amend one or more articles of the
Constitution. The request must mention the articles that require amendment, the reasons
and justification for this amendment. If the request was issued by the House of
Representatives it must be signed by a third of its members, and in all cases, the House
shall discuss the principle of amendment and take a decision only with a majority of its
members. If the request is rejected, another request for the amendment of the same
articles may not be submitted until the lapse of one year. If the House of Representatives
agrees to the principle of the amendment, the House shall discuss the articles which
require amendment after a break of two months. If three quarters of the House agree on the
amendment, it shall be presented to the people in a general referendum. If the absolute
majority of those who vote are in favour of the amendment, the amendment is considered
valid as of the date of announcing the results of the referendum.
Article (157) A supreme, independent and neutral
committee shall administer, supervise and monitor the general elections and general
referenda. The law shall specify the number of the members of the committee, the
conditions they should meet under and the method for nominating and appointing them. The
law also shall specify the jurisdictions and the functions of the committee in a manner
that secures the best fulfillment of its functions.
Article (158) The President of the Republic shall
be elected for the first time following the approval of constitutional amendment by the
House of Representatives. Nomination for the post of the President of the Republic must be
by a quarter of the members of the House of Representatives. The one who wins the majority
of the members of the House of Representatives is considered the President of the
Article (159) The text of the constitutional oath
to be sworn by the President of the Republic, his deputy, members of the House of
Representatives, Chairman and members of the government, shall be as follows:
I swear by Allah Almighty the Great to adhere to Qur'an
(the Book of God) and his Prophet's Sunnah (Traditions) to faithfully safeguard the
Republican system, to respect the Constitution and law, to fully take care of the
interests a and freedoms of the people, to preserve the unity of the homeland, its
independence and the integrity of its territories.