"We have made you aware of
the rites which you should follow, and to not follow the wishes of the ignorant." Al-Jathiyah
"The Qur'an is a teacher, a guide, and a
mercy to the good believers." Al-Jathiyah 20
"Consult them on the matters." Al-'Umran
"Their affairs are jointly discussed." Al-Shura
"It said: you people, explain to me my case which
I will not decide without your consultation." Al-Naml 32
We the Yemenis are an Arab and Muslim people. Our survival
and that of our country is dependent upon adherence to our true Arab nationality, about
which no nation claiming Arab descent can claim priority of such descent over us or
deliver sermons to us.
We shall have no life to live among nations and we can
claim no pride or character except through our true Islamic religion which has been the
religion of our nation through the last fourteen centuries, and through following its
divine guidance, achieving its precepts, abiding by its directions and strictures, and by
remaining within its bounds.
Our Islamic religion, with its directions, magnanimity and
breadth is synonymous with development, marches with time, and does not stand as an
obstacle in the path of progress in life. The Qur'an is explicitly clear in its call for
magnanimity, fraternity, and peace among all mankind: "Thou should say We believe in
God, his message to us, to Ibrahim, Isma'il, Isaq, Ya'qub and the Asbat and the messages
to Musa, 'Isa, and (all) the prophets without distinction and in God whom We trust."
We live today in an era witnessing the progress of nations and the advancement of science
and knowledge, interlocked with each other politically, economically, and culturally. Each
nation benefits from the experience of others, learns from them, and makes use of their
culture, experience, and systems.
Therefore, it is incumbent upon us to learn and benefit
from those nations advanced in science and progress but at the same time preserving our
character, customs, and heritage which by their nature should in no way impede our march
toward our goal of progress.
We should open the doors of Yemen for all useful sciences,
arts, and cultures, experienced by all nations, and should, with perception, study, and
scrutiny, obtain wisdom wherever it is found and strengthen our ties with our brothers the
Arabs and between ourselves and our friends in both the East and the West.
We should, by all possible means, regain Yemeni unity in
order to withstand any foreign influences aimed at blocking or fragmenting such unity.
On the basis of such solid principles, we submitted to the
Yemeni nation a draft constitution expressing the nation's aspirations, wishes and hopes,
as prepared by the National Assembly for all sectors of the nation to study and to comment
The Nation was given the full freedom to discuss, study
and express its views on its contents, stipulations, and standards.
Three months have elapsed since the publication of the
draft constitution on the evening of September 26, 1970, and since then meetings of the
various sectors have been held in the capital towns, and villages in which the
constitution was openly debated and opinions and views exchanged about it. The Republican
Council has received letters and telegrams on the constitution, has held meetings with
Sharia scholars, the 'Ulama, Sheikhs, wise and cultured men, it has listened to their
views and entered into useful debates with them. The citizens were thus given the
opportunity during the past three months to discuss the draft constitution and to submit
their views to the Republican Council, which explicitly proves the Nation's determination
to follow the democratic, consultative path both by word and action.
With this constitutional document we (assert) our
solidarity with all nations who believe in human rights and freedom and who are seeking
equity, justice, and peace. By this document we are laying the foundations for democratic
life in our country and for the expansion of freedom between individuals and groups.
Therefore, for all these reasons and in order to guarantee
the basic principles for the creation of a Yemeni popular democracy on the basis of
equality in rights and obligations between citizens without discrimination or
differentiation and realising the separation of powers which is considered as a firm
guarantee against the return of dictatorial rule for the benefit of future generations,
and affording a safeguard against exposure to the rule of coercion and humiliation under
any type of dictatorial rule, We announce this permanent constitution of the Yemen Arab
1 Dhu al-Qa'ida 1390 AH
28 December 1970 AD
(signed) 'Abd al-Rahman bin Yahya al-Iryani, Chairman, Republican Council
Chapter I: The State
Article 1: Yemen is an Arab Islamic state, independent and
enjoying complete sovereignty. It is a consultative, parliamentary republic, and the
people of Yemen are a part of the Arab Nation.
Article 2: Islam is the religion of the State, and Arabic
is its official language.
Article 3: The Islamic Sharia is the source of all laws.
Article 4: The Nation is the source of all powers.
Article 5: Yemen is an indivisible whole and endeavours to
realise the Yemeni unity which is the sacred duty of every citizen.
Chapter II: The Bases of
Article 6: Social reciprocity based on justice and freedom
is the basis of the society.
Article 7: The family is the basis of the society and the
fundamentals (of the family) are its religion, customs, and patriotism.
Article 8: The State guarantees public and private
freedoms within the Sharia and law. It also guarantees security and equal opportunities
for all citizens.
Article 9: Education, health, and social services are
foundations in the structure and progress of the society.
Article 10: Yemen's economy should be organised in
accordance with a plan laid down by the Government in which the principles of Islamic
social justice should be taken into consideration, aiming at improving and developing
production and raising the standard of living, provided that the plan does not violate the
sovereignty and independence of the country.
Article 11: Private economic activity is free provided
that it does not violate the interests of the society.
Article 12: Private property is protected. It cannot be
expropriated except in the public interest. The law will decide the amount and methods of
Article 13: The natural wealth on the surface or in the
depths of the earth or in its waters, and all the country's sea and land resources are the
property of the State, and the State guarantees the best ways of exploiting it for the
good of the Nation.
Article 14: Public properties are revered, and it is the
duty of every citizen to protect them.
Article 15: Social justice and public interest are the
bases for taxation and public expenditures.
Article 16: The State encourages co-operation and savings
and sponsors various co-operative establishments.
Article 17: With the co-operation of the society, the
State guarantees to bear all responsibilities resulting from natural catastrophes and
Article 18: Public service is the duty of those
undertaking it. In performing their duties, government employees should aim at the public
interest and at serving the Nation.
Chapter III: Public Rights
Article 19: All Yemenis are equal in (terms of) public
rights and obligations.
Article 20: The Yemeni nationality is defined by law. No
Yemeni shall be deprived of his nationality, nor can it be withdrawn from anyone who has
obtained it except in accordance with the law.
Article 21: There are no crimes and no punishments except
as defined; punishment can only result from actions preceding it.
Article 22: Punishment is individual and no one should be
made responsible for another's guilt.
Article 23: Prison is for punishment and reform. The State
guarantees the realisation of this objective.
Article 24: The accused is innocent until he is proved
guilty; and no punishment shall be levied without legal trial, the proceedings of which
are organised by law. The right to defence is guaranteed by law.
Article 25: Every citizen has the right of expression by
word, letter, or illustration within the bounds of the law.
Article 26: The freedom of postal telegraphic and
telephonic communication is protected, and secrecy is guaranteed. [Communications] cannot
be censored or delayed nor their secrecy revealed except where defined by law.
Article 27: No Yemeni can be expelled from Yemeni soil or
prevented from returning home. It is not permitted to detain, arrest, or search any
citizen except in accordance with the law.
Article 28: Places of worship and education are revered.
They cannot be violated except in cases necessitated by security requirements as described
Article 29: Places of residence are respected. They cannot
be placed under surveillance or entered without the permission of the occupants except in
cases prescribed by law.
Article 30: Confiscation of properties is forbidden except
in cases prescribed by law.
Article 31: The extradition of political refugees is
Article 32: Education is the right of all Yemenis. It is
guaranteed by the State through the establishment of schools, and cultural and educational
institutions, and the expansion of their scope insofar as the country's resources permit.
The State is particularly concerned with the physical, mental and moral development of
Article 33: Health services are the right of all Yemenis.
The State guarantees to establish various hospitals and health institutions insofar as the
country's resources permit.
Article 34: Women are the sisters of men. They have their
mandatory rights and obligations as stipulated in the Sharia and in accordance with the
Article 35: In accordance with the law, the State
guarantees to consolidate the family, protect motherhood, and sponsor welfare for
children, the disabled and the aged.
Article 36: Every citizen has the right to undertake work
chosen by him and in accordance with the law. No forced labour shall be imposed upon
anyone except in cases in the public interest prescribed by law and with appropriate
Article 37: Partisanship in all its forms is forbidden.
Article 38: The freedom of establishing associations and
trade unions on a sound national basis is guaranteed by the State in pursuance of the
terms and conditions prescribed by law.
Article 39: The people have the right to hold meetings
without permission or prior notice. Public meetings, processions and assemblies are
permitted in accordance with the conditions prescribed by law.
Article 40: Payment of taxes and public dues is an
obligation in accordance with the law.
Article 41: Defending religion and the homeland is a
sacred duty. Military service is an honour and military conscription is prescribed by law.
Article 42: By its policy, the State takes into
consideration human rights for all human beings, both within and outside the country, they
a. Blood, property and honour are respected. The Sharia
and the law guarantee the means for their protection.
b. Women, children, the aged, the sick, the wounded and
hostages are respected and cannot be violated. The Sharia and the law guarantee the means
for their protection.
c. It is not permissible to torture prisoners bodily or
d. The hungry, the naked, the wounded, and the sick have
the right to be cared for. The State guarantees all their human rights. The same applies
to fugitives and hostages in accordance with international treaties and the Islamic
Article 43: The State has no right to impose distinction
in human rights due to religion or colour or sex or language or natural origin or
Chapter IV: Powers
PART I: MAJLIS AL-SHURA (The Consultative Council)
Article 44: The Majlis al-Shura is the supreme legislative
body of the State.
Article 45: The Majlis al-Shura is responsible for
supervising the business of the executive authority.
Article 46: The Majlis al-Shura is composed of 159 members
freely and democratically elected. Elections laws define the ways of obtaining membership.
The Chairman of the Republican Council has the right to appoint twenty percent of the
Article 47: A member of the Majlis represents the whole
Nation and protects the public interest. He is not subject to any authority from any
source with regard to his work in the Majlis or its committees.
Article 48: A committee to be known as "The Elections
Committee" will be appointed by the Republican Council and win consist of a number of
persons to be specified in the law, which will also define its terms of reference and
Article 49: The conditions of membership in the Majlis
a. to be Yemeni,
b. to be not less than twenty-five years (of age),
c. not to be illiterate,
d. to be of good conduct, to observe religious rites, and
not to have been convicted for immorality unless otherwise rehabilitated,
e. not to be a public employee.
Article 50: The term of the Majlis al-Shura is four solar
years beginning with the date of its first meeting. General elections should take place
during the 60 days preceding the date of the expiration of the term of the Majlis. If
elections have not been completed at the time of the expiration of the term or if they are
postponed for any reason, the Majlis continues functioning until a new Majlis is elected,
for a period not exceeding three months. The term of the Majlis should not be extended
except in circumstances which prevent the holding of general elections. Such extensions
should be made by law.
Article 51: The Chairman of the Republican Council summons
the Majlis al-Shura to its first meeting following the general elections within two weeks
after announcing the result of the elections. If the Majlis is not summoned within this
period, it will be regarded as summoned to meet in the morning of the day following the
two weeks' period.
Article 52: The Majlis al-Shura is considered to be in
permanent session and the Majlis' rules of order define the session and proceedings
Article 53: If, for any reason, the seat of any member of
the Majlis' al-Shura falls vacant, a substitute (member) is chosen in conformity with the
system prescribed in the constitution within two months from the date the Majlis has
announced such vacancy. The term of membership of the new member continues until the
expiration of the term of his predecessor. If such vacancy falls within the six months
preceding the expiration of the term of the Majlis, no election of a substitute shall take
Article 54: The headquarters of the Majlis al-Shura is the
capital, Sana'a. Any meeting held by the Majlis in a place other than that appointed shall
be illegal and all the resolutions passed shall be invalid according to the provision of
the law except in exceptional circumstances when the Majlis may be summoned to hold its
meetings in another area.
Article 55: Before a member of the Majlis al-Shura shall
assume his duties in the Majlis or its committees, the member shall take the following
oath in an open session of the Majlis: "I swear in the name of the Almighty God to
adhere to the Book of God and to the law of His Prophet, to be faithful to my religion, my
homeland and my people, to guard the republican system and the objectives of the
revolution, to respect the Nation's constitution and laws, to covet the freedoms of the
people, their interests, their properties and their dignity, to do all within my means and
power to preserve the Nation's sovereignty and independence and to defend the safety of
its lands, and to perform my duties as a deputy honourably, trustfully and sincerely, and
God witnesseth my words."
Article 56: In its first meeting, the Majlis al-Shura
elects a chairman, two deputies, and a secretary-general from among its members, who will
remain in office during the term of the Majlis.
Article 57: A member of the Majlis al-Shura submits his
resignation to the Majlis.
Article 58: No member of the Majlis al-Shura shall be held
accountable, under any circumstances, for having examined or participated with his views
and opinions in formulating the minutes, or for his work in the Majlis or its committees,
or for his voting in the open or secret sessions of the Majlis. Ibis provision is not
applicable when a member defames and abuses others.
Article 59: Members of the Majlis al-Shura enjoy immunity.
It is not permissible for any member to be subject to proceedings of investigation,
search, arrest, imprisonment or any other action of punishment without the permission of
the Majlis except in the event of criminal action in which case the Majlis shall be
notified immediately for its information.
Article 60: (a) The Majlis shall prepare rules of order
embodying the working procedures of the Majlis and its committees. Revising the system is
not permissible except in accordance with the provisions mentioned therein. (b)
Administrative employees in the Majlis al-Shura other than its members, are subject to
regulations of the State Civil Service.
Article 61: (a) The Prime Minister and Ministers have the
right to attend the meetings of the Majlis al-Shura and its committees and be heard by the
members whenever they request. They may seek the assistance of senior officials. (b)
Questions by the members of the Majlis al-Shura relating to the work of ministries,
departments, or government institutions shall be addressed to the Prime Minister who shall
have the option of deputising or being accompanied by the respective minister or delegate
in order to answer those questions. (c) The Government must be advised of the agenda of
the Majlis and its committees for its information.
Article 62: The Majlis al-Shura may convey its
recommendations on public affairs to the Government. If the Government is unable to accept
such recommendations, it should explain to the Majlis its reason for not accepting them.
Article 63: Every Cabinet shall, not later than
twenty-five days after its formation, submit its program to the Majlis al-Shura. If the
Majlis is not in ordinary session, it shall be summoned to an extraordinary session. The
Majlis al-Shura may comment once on the statement of the Government to express any
opinions with regard to the Government's program.
Article 64: If a request signed by 30 members is forwarded
to the Majlis al-Shura, a subject of general nature may be put for discussion by the
Majlis in order to obtain the clarification of the Government concerning its policy with
regard to that subject and to exchange opinions.
Article 65: The Majlis al-Shura has the right to withdraw
its confidence in the Government. It is not permissible to present the withdrawal of
confidence except after forwarding an interpellation to the Government. The request shall
be initiated and signed by one third of the members. The Majlis cannot pass its resolution
until one week after forwarding the request. Withdrawal of confidence cannot be
accomplished except with a majority of two-thirds of the members of the Majlis.
Article 66: The Prime Minister may submit to the Majlis
al-Shura a request for confidence in the Government on the occasion of adopting a new
policy or defending it.
Article 67: The Prime Minister shall tender the
resignation of the Government to the Chairman of the Republican Council if the Majlis
al-Shura withdraws its confidence in the cabinet.
Article 68: Either a member of the Majlis al-Shura or the
Government may propose new legislation and amendments to the laws; and any draft law
rejected by the Majlis cannot be presented again in the same session.
Article 69: The Chairman of the Republican Council shall
publish every draft law approved by the Majlis al-Shura within 30 days from the day it was
forwarded to him. If this period fixed for publication elapses without any request for
reconsideration of the draft law having been received from the Chairman of the Republican
Council, it shall be regarded as law and the Chairman of the Republican Council shall
publish it immediately.
Article 70: The Chairman of the Republican Council has the
right, if he finds it necessary to modify a draft law or some of its items, to return it
once to the Majlis with an explanatory note within the period fixed for publication. The
Majlis shall hold a new debate in accordance with the reasons contained in the explanatory
note of the Chairman of the Republican Council. If two-thirds of the members of the Majlis
again approve of the draft law, it shall be regarded as law and the Chairman of the
Republican Council shall publish it immediately.
Article 71: The Chairman of the Republican Council may
dissolve the Majlis al-Shura by passing a resolution explaining the reasons for such
action. However it is not permissible to dissolve the Majlis a second time for the same
reasons. The resolution dissolving the Majlis al-Shura shall contain an invitation to
voters for new elections not less than twenty days and not exceeding ninety days from the
date of dissolution, and shall fix a date for seating the new Majlis fifteen days after
the results of the elections are known. In the event that elections do not take place
during the fixed period, the Chairman of the Republican Council shall invite the dissolved
Majlis to exercise its full constitutional authority, to hold a meeting immediately, and
to resume its business as if the dissolution had not occurred. The Majlis al-Shura cannot
be dissolved during the year subsequent to its election or during the last six months of
the term of the Republican Council.
Article 72: It is not permissible for a member of the
Majlis al-Shura during the term of his membership to be appointed or be engaged on the
board of directors of a commercial firm in which the Government participates or to share
in commitments concluded by the Government or public establishments. Also, it is not
permissible for him to buy or to lease or to barter any Government property or to sell or
rent to the Government any of his properties or exchange the same with the Government
unless such action takes place by means of a public auction or when expropriated in the
public interest as prescribed by law. Article 80 of this constitution shall apply in the
case of the Chairman, the Deputies, and the Secretary-General.
PART II: THE REPUBLICAN COUNCIL
Article 73: The Republican Council represents the
Presidency of the State. It is the body responsible for specifying the State's general
policy and for supervising its execution.
Article 74: The Chairman of the Council is the President
of the State and Commander-in-Chief of the armed forces.
Article 75: It is a condition that any elected chairman or
member of the Republican Council shall be from Yemeni parents, 40 years of age, well
conversant with affairs related to the Shari'ah, of good behaviour and conduct, upholding
Islamic rites, and not already married to, or, during his Chairmanship or membership,
marrying a foreigner.
Article 76: The Republican Council consists of no less
than three members or more than five members nominated and elected by the Majlis. The
candidate becomes a member of the Republican Council if he obtains the majority of the
votes of the members of the Majlis. The Chairman of the Majlis announces the results of
Article 77: The term of the Council is five solar years
beginning with the date of announcement of the results of the elections.
Article 78: The members of the Republican Council elect
among themselves a chairman. The Chairmanship is rotating and the election of the Chairman
of the Republican Council shall take place sixty days before the end of the term. No
election of a new chairman of the Republican Council shall take place in the event of the
resignation of the Council of Ministers.
Article 79: The Chairman and members of the Republican
Council take the following oath before the Majlis al-Shura before beginning their duties:
"I swear in the name of the Almighty God to adhere to the Book of God and the law of
His Prophet, to be faithful to my religion, to my homeland and my people, to protect the
republican system and the objectives of the revolution, to respect the constitution and
laws of the Nation, to covet the freedoms, interests, property and dignity of the people,
to endeavour, with all the power I possess, to preserve the sovereignty and independence
of the homeland and to defend the security of its soil, and God witnesseth my words."
Article 80: It is not permissible for the Chairman or a
member of the Republican Council during his term of office to practice, even indirectly, a
free profession or commercial, financial or industrial activity, or to buy or rent any
government property even by means of public auction, or to rent to the Government or to
sell to it any of his properties or to exchange these with the Government .
Article 81: Ninety days before the expiration of the term
of the Republican Council, action shall be initiated to select a new Republican Council.
It shall be selected at least one week before expiration of its previous term of office.
If this term expires without selection of a new Council, for any reason, the Majlis
al-Shura directs the previous Council to continue functioning for a period not to exceed
sixty days. However, it is not permissible for the Majlis al-Shura to extend this period
except when the country is in a state of war rendering it impossible to arrange elections.
Article 82: In the event that any member of the Republican
Council tenders his resignation or is permanently disabled, or dies, the Majlis al-Shura
shall resolve that his place has fallen vacant, and that a substitute be selected in
accordance with the method prescribed in the constitution, within a period of sixty days
from the date that the seat has fallen vacant. The term of the new member lasts until the
end of the term of his predecessor.
Article 83: The resignation of the Chairman of the
Republican Council and members of the Council shall be tendered to the Majlis al-Shura.
Article 84: It is not permissible to direct any accusation
to the Chairman of the Republican Council or any of its members for breaching the
constitution or for high treason except by the resolution of two-thirds of the members of
the Majlis al-Shura. No trial shall be regarded adequate except before the Supreme
Article 85: The Chairman of the Republican Council shall
appoint a chairman (i.e., Prime Minister) for the Council of Ministers after obtaining the
consent of the Republican Council, provided that he is from Yemeni parents and that he is
not married to, or does not marry during his term of office, a foreigner.
Article 86: The Chairman of the Republican Council has the
right to summon the Republican Council and the Council of ministers to a joint meeting
whenever this is necessary and to preside at such meetings.
Article 87: The death sentence shall not be executed
without being confirmed by the Republican Council. It shall have the right to reduce [the
sentence] by a majority vote of its membership in cases other than those of Shari'ah
Article 88: If, during sessions of the Majlis al-Shura or
during the period of its dissolution, anything occurs necessitating immediate action, the
Republican Council shall have the right to pass decisions which shall have the force of
law provided that these do not contradict the constitution or the appropriation bill
defined in the Budget Ordinance. Such decisions shall be forwarded to the Majlis al-Shura
fifteen days from the date they were issued if the Majlis is in session; or in its first
meeting in the event of dissolution, or at the expiration of the legislative term. If
these decisions are not forwarded, they shall lose the force of law from the date of
issuance without the need for a resolution to that effect. If they are forwarded but not
approved by the Majlis, they shall lose the power of law from the date of rejection, and
an action to rectify their effects in other aspects shall be undertaken.
Article 89: The Chairman of the Republican Council
concludes treaties which shall have the force of law after being approved by the
Republican Council and Council of Ministers and ratified by the Majlis al-Shura and
published in accordance with established procedures.
Article 90: The Chairman of the Republican Council
declares war or a state of emergency, accepts an armistice or peace following the approval
of the Republican Council and the Council of Ministers and the Majlis al-Shura.
Article 91: The Chairman of the Republican Council shall
be responsible for issuance of laws which are approved by the Republican Council and
ratified by the Majlis al-Shura.
Article 92: All resolutions issued by the Republican
Council, in order to be executed, shall be signed jointly by the Prime Minister and the
Minister concerned, with the exception of the resolution appointing the Prime Minister or
accepting his resignation.
Article 93: The Chairman of the Republican Council
accredits the State's diplomatic representatives in foreign countries in accordance with
law and accepts the accreditation of representatives of foreign countries and
Article 94: The Chairman of the Republican Council
appoints senior civil and military officials as prescribed by law and in accordance with
the nomination by the appropriate quarters.
PART III: THE GOVERNMENT
Article 95: The Government is the supreme executive and
administrative body of the State.
Article 96: The Government is composed of the Prime
Minister and a number of Ministers as needed in the public interest.
Article 97: The Prime Minister nominates the members of
his Cabinet with the approval of the Republican Council and seeks the confidence of the
Majlis al-Shura after the presentation of his Government's political program.
Article 98: A person appointed as Minister should be a
Yemeni, 30 years of age, of good behaviour and conduct, and a person who adheres to
Article 99: The Prime Minister and the Ministers are
responsible jointly to the Republican Council and the Majlis al-Shura for the functions of
the Council of Ministers and the general policy of the Government.
Article 100: Each Minister shall supervise the functions
of his ministry and execute the general policy of the Government.
Article 101: The Prime Minister may depute one of the
members of his Cabinet to perform duties or to be assigned special tasks either in the
country or abroad.
Article 102: During his term of office, it is not
permissible for a minister to occupy another public post or to exercise, even indirectly,
another profession or a commercial of financial or industrial activity. Also, he is not
allowed to share in the contracts concluded by the Government or public establishments or
to combine his ministerial post with membership on the board of directors of any
commercial firm. During the said period, he shall have no right to buy or to rent any
Government property or to exchange the same with it even by means of public auction, or to
rent or to sell to the Government any of his own property or exchange the same with the
Article 103: When the Cabinet resigns or is compelled to
resign or when confidence in it is withdrawn, the Cabinet shall be required conduct public
business except appointments and dismissals until a new Cabinet is formed.
Article 104: Before assuming office, the Prime Minister
and Ministers shall take the following oath before the Chairman of the Republican Council:
"I swear in the name of the Almighty God to adhere to the Book of God and the law of
His Prophet, to be faithful to my religion, country and people, to defend the republican
system and the objectives of the revolution, to respect the constitution and laws of the
country, and to covet the freedoms, interests and dignity of the people, to endeavour,
with all the power I possess, to preserve the sovereignty and independence of the
homeland, and to defend the security of its soil, and God witnesseth my words."
Article 105: The law establishes the salaries of the Prime
Minister and Ministers.
Article 106: The Government performs the following
a. directs and co-ordinates and reviews the duties of
ministries and public establishments and organisation, in accordance with the law.
b. issues administrative and executive resolutions in
accordance with laws and resolutions, creates departments and public organisations, and
insures administrative control over such organisations.
c. prepares draft laws and resolutions to organise
governmental systems, insures the execution of development programs and the development of
the economy, implements Islamic social justice, defends traditions and develops national
culture and encourages scientific research in accordance with the State's fundamental
principles as laid down by the Republican Council.
d. appoints and discharges employees according to the law.
e. prepares the draft budget of the State prior to
forwarding it to the Majlis al-Shura.
f. ensures the implementation of laws, safeguards public
finances and interests within and outside the country, and protects the rights of the
g. supervises the organisation and administration of
matters pertaining to the monetary, trust, and insurance systems of the State.
h. concludes loans and grants them within the general
policy of the State.
Article 107: The Majlis al-Shura has the right to try
Ministers for high treason. The resolution of the Majlis accusing the Minister shall
follow a motion put forward by at least one third of the members, and approved by two
thirds of the members of the Majlis after an investigation is carried out by a committee
appointed as a result of a resolution passed by the Majlis and headed by a magistrate from
the Supreme Constitutional Court. This does not preclude termination of his services while
the court is investigating his case or even if nothing is proven. The law defines the
civil, military and penal jurisdictions and sets forth the procedures for their trial
before the Supreme Court without nullifying the application of other laws pertaining to
their ordinary deeds or crimes.
Article 108: It is not permissible to combine a
ministerial post with membership in the Majlis al-Shura. A member of the Majlis al-Shura
may retain his seat in the Majlis as vacant if he is appointed Minister.
PART IV: LOCAL ADMINISTRATION
Article 109: The territory of the republic is divided into
administrative units, and law defines their number, divisions and boundaries. It also
defines the responsibilities of those functioning in the administrative units.
Article 110: The administrative units shall have local
councils in which the affairs of the regions shall be administered in a democratic manner
according to the law.
PART V: FINANCIAL AFFAIRS
Article 111: Establishing public taxes or revising them or
abolishing them shall be accomplished by ordinance. No one shall be exempt from paying all
or part of his taxes except in instances prescribed by law. It is not permissible to ask
any person to pay taxes, fees and liabilities unless prescribed by law.
Article 112: The law specifies the basic principles for
the collection of public money and its disbursement.
Article 113: It is not permissible for the Government to
conclude loans or guarantees or to contract for a project which results in expenditure not
provided in the State Public Budget during a current year or subsequent years except with
the consent of the Majlis al-Shura.
Article 114: The law stipulates the basis for granting
salaries, pensions, compensations, compassionate discharges, and gratuities which it
defines as a liability of the State treasury, and regulates exceptional cases and the
authorities authorised to implement these laws.
Article 115: It is not permissible to grant a monopoly or
concession to invest any of the natural resources of the country or to exploit public
resources except by law and for a limited period.
Article 116: A monopoly which harms individuals and groups
with regard to the necessities of life is forbidden.
Article 117: The law defines the provisions concerning
preserving and administering government property, the conditions of disposing of it and
the extent to which it is allowed to relinquish any such properties.
Article 118: The Government prepares the general budget
and only the Majlis al-Shura has the right to approve it.
Article 119: The beginning and the end of the fiscal year
are defined by law.
Article 120: The Government prepares the draft annual
budget for the revenues and expenditures of the State, and forwards it to the Majlis
al-Shura at least two months before the expiration of the fiscal year for scrutiny and
Article 121: (a) The budget is debated and voted upon in
the Majlis al-Shura. (b) It is not permitted to allocate any of the general revenues for
specific expenditures except by ordinance.
Article 122: It is permissible for the appropriation bill
to allocate certain sums for more than one year if the nature of such expenditure
necessitates, provided that such sums are repeated in subsequent estimates, or separate
estimates are prepared for more than one fiscal year.
Article 123: It is not permissible for the appropriation
bill to contain any text leading to abolition of an existing tax or the introduction of a
new tax or the revision of fixed taxes by increasing or reducing them.
Article 124: The Majlis al-Shura should not, during
discussion of the budget, increase estimates for total revenues or expenditures proposed
in the draft budget either by means of modification or by means of special proposals.
Article 125: It is permissible for the Majlis al-Shura,
after approving the budget, to approve laws providing for new expenditures and appropriate
revenues to cover such.
Article 126: The budgetary estimate is validated by the
Article 127: If the general appropriations bill is not
issued before the beginning of the fiscal year, the budget of the previous year is adopted
until the bill is passed, and this in no event to be delayed by more than 100 days.
Revenues are collected and expenses incurred in accordance with the bill adopted at the
end of the previous year.
Article 128: The Majlis al-Shura shall approve every
proposal leading to the transfer of any sum from one appropriation to another in the
budget, as well as every expenditure not mentioned therein or exceeding its estimates.
Article 129: It is not permissible to exceed the upper
limits of the expenditure estimates mentioned in the appropriation bill or related
ordinances. Also, it is not permissible for the appropriation bill to contain a text
allowing the Government to exceed these upper limits.
Article 130: The final statement of account of the State
budget for each year must be presented to the Majlis al-Shura during the two months
subsequent to the expiration of the fiscal year for its consideration and approval in
accordance with the law.
Article 131: The independent and supplementary budgets and
their final statements of account are subject to the same rules applying in the case of
the State budget.
Article 132: The law regulates the provisions of the
budget and the final statements of account of the other local establishments and
organisations which are legal entities.
Article 133: The Government shall present to the Majlis
al-Shura a statement showing the financial position of the State at least once during each
of its ordinary sessions.
Article 134: The law regulates currency and banking and
determines measurements, dry measures and scales.
Article 135: The alms tax (zakat) is one of the basic
pillars of Islam. The Government shall endeavour to collect it and to spend it correctly.
Article 136: The Waqf is a sacred institution and the
State undertakes to improve its resources and its disbursement in a manner compatible with
the Islamic Shari'ah.
PART VI: NATIONAL DEFENCE
Article 137: By resolution of the Republican Council, a
Supreme National Defence Council presided over by the Chairman of the Republican Council
shall be formed it. It shall assume responsibility for promulgating a general plan for
defence and for internal and external security.
Article 138: The State alone creates the armed forces,
public security establishments and militia in accordance with the law. It is not
permissible for any organisation or group to create military or paramilitary groups.
Article 139: General and private mobilisation is
prescribed by law.
Article 140: The law defines the terms of service and
promotion for the officers of the armed forces.
Article 141: Any member of the armed forces or security
forces is prohibited from joining any political, partisan, factional, or racial movement.
Article 142: The Commander-in-Chief of the armed forces is
appointed by a resolution passed by the Republican Council. He receives his orders from
the Republican Council.
Article 143: It is permissible for the Commander-in-Chief
to appoint one or more deputy Commanders-in-Chief by a resolution passed by the Republican
Council as proposed by the Commander-in-Chief.
PART VII: THE JUDICIAL AUTHORITY
Article 144: The judiciary is an independent authority.
Article 145: Judges are independent. No authority except
law is allowed to control them in their judgements. No authority is allowed to interfere
in their judgements or in the affairs of justice.
Article 146: No one shall occupy a judicial post except
scholars in the Shari'ah Law, of sound character and behaviour.
Article 147: The law specifies the areas of judicial
authority, their levels, and defines their responsibilities.
Article 148: The right of litigation is guaranteed for all
people. The law defines the proceedings and the conditions necessary to exercise their
Article 149: Before assuming his duties, the Qadi (judge)
swears by the Almighty God to judge the people justly.
Article 150: Judges are not subject to dismissal except in
cases defined by law.
Article 151: The law defines the terms of judicial
appointment, transfer promotion, and the safeguards related to these.
Article 152: The provisions of the Islamic Shari'ah
relating to business shall be defined provided that they do not differ from any text or
ijma'. The law provides for the appointment of a technical Shar'iah body to assume this
Article 153: In cases heard by the Courts, the provisions
of this constitution and of the State's laws shall be applied. If there is no precedent,
Courts shall pass their judgement in the case they are dealing with in accordance with the
general principles of the Islamic Shari'ah.
Article 154: The law provides for decisions in
departmental disputes through an organisation or a special court. The law defines its
rules and how it should exercise its duties concerning the departmental resolutions which
contravene the law.
Chapter V: The Supreme
Article 155: A Supreme Constitutional Court is formed from
a number of Shari'ah scholars of high qualifications, elected by the Majlis al- Shura and
nominated by the Chairman of the Republican Council. Its duties will be to give final
decisions on the following matters:
a. the constitutionality of constitutional amendments,
b. the constitutionality of ordinances and resolutions
which have the force of law,
c. the trial of the Chairman and members of the Republican
Council and the Prime Minister and Ministers,
d. investigations in election disputes concerning members
of the Majlis al-Shura.
Article 156: The Chairman and members of the Supreme
Constitutional Court shall take the following oath before the Majlis al-Shura in a special
session attended by the Chairman of the Republican Council: "I swear by the Almighty
God to adhere to the Book of God and the law of His Prophet, to be faithful to my religion
country and people, to guard the republican system and the objectives of the revolution,
to respect the Nation's constitution and laws, to covet the freedoms of the people, their
interests, their properties and their dignity, to do all within my means and power to
preserve the Nation's sovereignty and independence, and to defend the safety of its lands,
and God witnesseth my words."
Article 157: The decisions of the Supreme Constitutional
Court shall be published in the Official Gazette. They are not subject to objection. They
are binding upon the public authorities and all departmental and judicial authorities.
Article 158: A law with a constitutional force determines
the proceedings concerning formation of the Supreme Constitutional Court, and basis of its
administration, and the proceedings which should be followed before it.
Chapter VI: Amendment of
Article 159: A request for amendment of any of the
articles of the constitution shall be submitted in writing by more than half of the
members of the Majlis al-Shura. The revision shall be valid if a majority of two-thirds of
the members of the Majlis al-Shura vote for it.
Article 160: The statute of the Supreme Constitutional
Court organises the proceedings required for amendment of the constitution.
Chapter VII: General and
PART I: GENERAL PROVISIONS
Article 161: The city of Sana'a is the capital of the
Yemen Arab Republic.
Article 162: The law defines the emblem, flag, and
national anthem of the State and any conditions related thereto.
Article 163: The provisions of the laws shall be effective
from the date they are put into force. They shall have no effect on matters which have
taken place before that date. It is permissible in non-penal provisions of the law to
stipulate things contrary to provisions requiring approval of the majority of the members
of the Majlis al-Shura.
Article 164: Laws are published in the Official Gazette.
Article 165: All of the provisions contained in
ordinances, resolutions, rules and regulations issued prior to the publication of this
constitution shall remain effective unless otherwise revised or abolished in accordance
with the laws and proceedings stipulated in this constitution and provided that these
stipulations do not contravene any of the texts of this constitution.
PART II: INTERIM PROVISIONS
Article 166: The temporary Majlis remains in force
exercising its business as stipulated in Constitutional Resolution No. 2 for 1969 until
the results of the election of the elected Majlis al-Shura are announced in pursuance with
this constitution and until it holds its first meeting.
Article 167: The term of the present Republican Council
shall expire only when the new Republican Council has been elected.
Article 168: It is not permissible to suspend any of the
provisions of this constitution except during the time when a state of emergency is
announced or when a state of war is declared as provided in the constitution.
Article 169: The temporary constitution and all its
amendments become ineffective when this constitution is published. All previous
constitutions are also abolished, taking into consideration the two Articles 166 and 167
in the constitution.
Article 170: This constitution becomes effective from the
date of its publication in the Official Gazette.