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Republic of YemenComprehensive National Dialogue Conference

Comprehensive National Dialogue Conference

Report on the Outcomes and Recommendations of the First Phase of

The Comprehensive National Dialogue Conference

Monday July 8, 2013


In a spirit of national responsibility and the utmost keenness to achieve success for the Comprehensive National Dialogue Conference and its outcomes, the Second Plenary convened its sessions during the period from the 8th of June – the 8th of July, 2013. All political and social constituencies represented in the Conference participated in the Plenary during which reports by the Working Groups were presented and reviewed, commented on, and enriched.

The Working Groups had convened for almost 70 days where they engaged in lengthy discussions characterized by a spirit of consensus that enabled them to produce positive outcome despite the existence of contrasting and conflicting views.

With this session, the Conference reached midway ending the diagnostic phase and launching the most important stage in the conference where the main guiding principles will be produced to lay the ground and features of a new Yemen.

The first phase was characterized by the fact that it provided an opportunity to build bridges of communications between participants from all political and social constituencies - males and females - thereby helping to bring closer the different views to serve the public interest.

During the working sessions of the working groups and the Second Plenary, more than 200 observers visited the Conference from inside the country and from abroad. More than 100 national and international experts presented experiences that benefited the participants in their presentations, discussions and the outcomes of their various working groups.


In fact, this phase was also characterized by effective community outreach and the positive messages exchanged between the Dialogue Conference and the general public through field visits and various modes of communications including: Direct contacts through civil society organizations, dialogue tents, dialogue ambassadors, the electronic website, social networking pages of the National Dialogue Conference and through all the media outlets.

Working groups presented their reports on field visits and all reflected the needs and views of the people and institutions met. They were all absorbed in the outcomes of the working groups in this stage and in the future stages. Most importantly, were matters related to the frequent power cuts as a result of the deliberate acts of sabotage, restoration of security and stability, curbing of signs of militarization and security breaches and to hold those responsible to account for their actions.

While affirming the need for strict implementation of the Conference’s Resolutions relevant to the implementation of the 20-points issued by the Technical Committee for the Preparation for the CNDC and the 11-points produced by the Working Group on the Southern Issue in the Conference for their impact on the success of the Conference and its future outcomes, we request H.E President Abdu-Rabbu Mansour Hadi, President of the Republic to take quick actions for the implementation of required actions and issue instructions to relevant institutions to implement them through a clear mechanism with a clear timeline and to provide all needed resources in line with the provisions of the GCC Initiative.


The working groups noted the comments made in the Second Plenary on their reports and reached consensus on revised formulations of their recommendations and decisions. These have been reflected in this report with the view that they are to be adopted in the Plenary. It must be reaffirmed that the decisions and recommendations shall not conflict with whatever outcomes to be produced by the working groups on the Southern Issue, the Sa’adah Issue and State Building.

First: The Southern Issue:

The Working Group arrived at consensual conclusions on the roots and content of the Southern issue in its various political, legal, rights, economic, social and cultural dimensions (annex 1,2).

Second: The Sa’adah Issue Working Group:

The Working Group reached a consensual vision on the roots of the Sa’adah issue and its various dimensions (annex3).

The State Building Working Group:

Political constituencies presented their visions on State building (annex4).

The Rights and Freedoms Working Group:

1. Every citizen has a right to social security if unable to support self or family, as well as, in

cases of inability to work, unemployment and old age to ensure sufficiency.

2. Every individual has the right to life and decent living. Deprivation, restrictions or detraction

from such right is prohibited.

3. The State shall undertake the provisions of training and educational skills development

programs for teachers.

4. The State shall ensure financial, administrative and academic independence of universities,

research institutions and linguistic centers.

5. Private and national education is guaranteed at standards of control aligned with modern

educational policies and the overall plans of the State.


6. The State shall be obligated to provide full oversight over Arabic, Islamic and social studies

programs for all Yemeni students enrolled in foreign schools as compulsory subjects.

7. The State shall be obligated to pass legislations regulating the rights of persons with

psychological disorders and the provision of healthcare and health services to them.

8. The State shall be obligated to provide indiscriminate emergency health services at times of

war, emergencies and disasters.

9. The State shall guarantee a clean and safe environment and shall take every measure

necessary to provide protection from the harmful impacts on the environment and society.

10. The State shall be obligated to the development of effective mothers and childcare policies

11. The State shall ensure protection of motherhood, childhood and old age and shall care for

the young and youth by providing suitable conditions to develop their talents and capacities.

12. The constitutional provisions shall be clear, detailed and shall not be misconstrued.

13. Dignity is an inherent right of individuals. The State, through its three legislative, executive

and judicial authorities, shall guarantee the respect and protection of this right and shall not

be contravened or detracted from in any case.

14. Equal opportunity is a right guaranteed for all citizens. The State shall ensure that

appropriate measures are taken to realize that.

15. Support for the National Documentation center, expansion and support of its branches in

the Governorates within the framework of a clear priority-based vision.

16. The State shall adopt a national strategy based on internationally agreed upon standards for

the preservation of all forms of popular heritage including handicrafts, provision of support

and preservation from extinction, as well as protection of the popular Yemeni products

economically in the face of competition by exported products and the promotion of tourism

for such a product.

17. The State shall carry-out a scientific classification of the arts in line with known scientific

standards to be integrated into university curriculums.(recommendations)

18. Revival of artistic culture be reinstating art education to the schools and shall include School

Theater.

19. The State shall take the proper measure to achieve:

20. Expansion of youth participation across, social, economic, cultural and political development

of the country.

21. Facilitate the entry of youth to culture, science, technology, arts, sports and entertainment

activities together with providing the right conditions to unleash their creativity in all fields.


22. The State shall provide protection for all mothers and ensure social protection for her.

23. The State shall act in support of the family and protect motherhood and childhood.

24. The State guarantees a decent standard of living for IDP’s, a shelter, food and drinks, health

and educational services.

25. Emigrants, during the period of emigration, shall enjoy the right to open leave without pay

from their place of work in accordance with the civil service law, together with social

security benefits provided for by laws in force in the country.

26. The capital investment of emigrants shall be given extra privileges and priority in

qualification for investments in investment and industrial towns under government

oversight.

27. The State shall use every mean to facilitate the transactions of emigrants in their place of

emigration, follow-up on their rights, takes care of their interests, promote their

investments and accord them protection.

28. The Government shall adopt all measures to enable Yemeni emigrants to exercise their

electoral rights in places of emigrations.

29. The State guarantees equal protections and due care and not to discriminate on the basis of

disability.

30. The State shall ensure the formulations of plans and adopts national policies to secure the

rights of the marginalized to access decent housing and basic services and provide them with

free healthcare, job opportunities, protection, social welfare and just litigation process to

ensure the right to a decent life and protect their human dignity as an inherent right. It shall

guarantee respect and protection by all States authorities as a mandatory duty.

31. Work is a right, duty and an honor for every citizen to develop society. Every citizen has the

right to a job of choice within the bounds of the law and on the basis of equality,

qualifications, justice and equal opportunities. It’s illegal to force any citizen to do any work.

32. The State guarantees the right of every worker to fair wage, holiday, retirement, social

security and health insurance, provides protection from work hazards and provision of

occupational safety conditions in the workplace.

33. The State shall fix a minimum wage to ensure a decent life for workers, employees and their

families. The law shall also define the wages, salaries, pensions, compensations, assistant

and bonuses to be paid by the State’s treasury.

34. Workers, employees and professionals have the right to organize unions, federations and

cooperative associations by merely serving notice. These entities shall have legal personality


and should be based on democratic foundations while exercising their activities

independently and freely. It shall participate in serving society, improving the efficiency of its

members and protect their rights. No authority is permitted to dissolve them or impose

guardianship over them unless by a final court judgment.

35. Law shall regulate unions and professional activities, management on democratic basis,

identification of their resource, ways and means of holding members accountable for their

professional behavior according to code of conducts. It’s on that basis that a license to

practice a profession shall be issued. Only one union is to be established to regulate any one

profession. Authorities are not permitted to dissolve any administrative body of a union

unless by court judgment.

36. The State shall ensure all fundamental bases for a decent and free life. It shall ensure

sufficient income, appropriate housing and shall undertake the development of a national

housing plan to be based on social equity. It shall promote self-initiatives, cooperative

housing societies and regulate land use for architectural uses in a manner that would realize

public interest and protects rights of future generations.

37. The State shall guarantee protection of human dignity by providing the minimum level of

food, drinks, clothing, housing, education and health.

38. Free education is a right of every citizens guaranteed by the State.

39. The State shall undertake the provision of technical education and vocational training,

development and promote enrollment on the basis of equal opportunities.

40. The State shall commit to the development of contemporary and modern curriculum

fostering scientific development in all fields, in high quality and in a manner that meets the

needs of development and the labor market.

41. Education shall be compulsory in the basic education stage.

42. Physical and psychological violence in educational institutions shall be prohibited and

violators shall be prosecuted and punished.

43. The State shall be obligated to the development of literacy programs and plans with

contributions from society to achieve this purpose.

44. Foreign schools are prohibited from performing any form of detraction from the States

sovereignty, constitution or laws in all the subjects, events or activities or anything that

would have a negative influence on the Yemeni student’s sense of belonging to and loyalty

to their nation.


45. he State shall prohibit any medical practice outside licensed institutions and only for those

who have qualifications in relevant medical specializations and licensed by competent

agencies.

46. The State and medical unions shall be obligated to supervise and monitor health institutions,

all health materials and products and health advertisement.

47. The import, use, reception of any substances or waste harmful to the environment and

human beings shall be criminalized.

48. The State shall make it obligatory, on institution performing work or using substances

harmful to the environment and human beings that cannot be substituted, to allocate a

percentage of their income to contribute to the health budget and anti-pollution measures.

49. The State shall be obligated to establish branches of health institutes in the districts of

governorates and give priority to health services in remote areas.

50. The State shall obligate health monitoring bodies and medical unions to hold accountable

institutions and individuals for medical errors, but this doesn’t impact the right of the victim

to resort to the judiciary.

51. Protection of rights for both females and males shall be based on the same basis for equality

and, therefore, the term citizens or citizens shall connote feminine and masculine.

52. The constitution shall not include provisions that refer to the law, a matter which can lead to

gaps to be exploited for restricting rights and freedoms and only within certain confines to

be stated clearly in the constitution.

53. All special and extraordinary courts or, for that matter, any other body that would restrict

the rights provided for in the constitutions shall be cancelled.

54. The preservation of the two Mahari and Socotran languages is a necessity. Actions to ensure

that and to transform them into written languages using the Arab alphabet shall commence

immediately together with the establishment of a unit to teach ancient Yemeni languages in

the universities.

55. The general programs of local Radios in Mahara and Socotra broadcasting in Arabic shall

contain folklore segments and programs (poetry and music) in both the Mahari and Socotran

languages.

56. Antiquities are a sovereign national wealth and shall not be undermined in any part of the

land of the nation. It shall be managed in sovereignty through the States authorities in

cooperation with the local council and the residents of the area where such antiquities are

located.


57. The State shall be obligated to establish a high council for the protection of antiquities and

historic cities to replace the antiquities authorities and shall be comprised of specialized

antiquities scientists and shall be financially and administratively independent.

58. Regulations of business, buying and selling in historic cities shall be done through a bylaw

issued by the High Council for Antiquities and Historic Cities.

59. Punishments on vandals and smugglers of antiquities and shall be toughened and such

crimes shall be considered capital crimes in consideration that antiquities are a priceless

wealth and protection thereof is a protection of the identity, existence and living memory of

Yemeni history.

60. Local communities shall be considered( engaged) when passing laws or decisions related to

historic cities or antiquities through engagement in qualification and training,

implementation and awareness raising of the importance of antiquities and historic cities

and the benefit to be gotten when they are preserved.

61. Yemeni documents are part of the sovereign wealth of the Yemeni people. The State shall

act to preserve them and to criminalize any tampering, smuggling or destruction of such

documents or any processing thereof outside the framework of specialization (Constitutional

principle).

62. The Government should recover all Yemeni antiquities and documents in existence abroad.

63. The Government shall ensure free access to all documents in the public domain to citizens

and researchers and to make use of them for scientific research.

64. Freedom of thought and opinion is guaranteed. Each individual has the right to express their

opinion verbally, in writing, photography, drawing, sign or any other means of publishing

and expressing.

65. It’s prohibited to imprison any individual or journalists for their opinion. It’s also prohibited

to coerce an individual to express their opinions, thoughts and convictions in any form.

66. Intellectual property rights for individuals and organizations are protected by the

constitutional force.

67. Accessing information, data, statistics, documents or disclosure thereto and exchange is a

right guaranteed by the State for every citizen. The law shall regulate rules for deposit of

public documents, maintenance and access.

68. Individuals, institutions, associations and parties have the right to own and start-up an

audio-visual, printed or electronic mediums by merely serving notice to that fact.


69. The suspensions, closure or confiscations of journals or printed matters or any other

medium is prohibited unless by a final court judgment.

70. The State shall be obligated to establish an independent high council for the printed, audio-

visual and electronic media to replace the Ministry of Information which relies on

professionalisms and qualifications. It shall comprise representations of bodies, cultural and

scholarly figures and the journalist syndicate and shall be responsible for the regulations of

the profession.

71. The Fatwa shall be rationalized and shall be the domain of an independent Dar Al-Ifta (House

of Edicts) that accommodates diversity of sects and jurisprudence in Yemen from those who

meet the qualifications for issuing Fatwas from amongst specialists. There should be clear

separation of competence of the Judiciary and the Dar Al-Ifta.

72. Reconsideration of the Media personnel wage structure including salaries, health and social

insurances to ensure that the lead a decent life and maintain their dignity, independence

and impartiality (recommendation).

73. The State shall support arts in all its forms.

74. The State shall be obligated to establish a High Council for the Arts comprising of specialized

scholars and shall be financially and administratively independent.

75. Establishment of a high arts Academy for all forms of arts.

76. The State shall foster artists in terms of qualification, employment, health and social

insurance and provide a budget for that purpose (recommendations).

77. Reinstatement of the music as a school subject as it had been in the past (recommendation).

78. For each child, at birth, the right to a suitable name, a nationality, family care, nutrition,

shelter, health services, religious, spiritual and knowledge development. The State shall

abide by providing protection and care when the child loses family, it shall guarantee the

rights of a disabled child, rehabilitate and integrate the child into society. It’s prohibited to

employ a child before passing the compulsory age of education in jobs that are not suitable

for his age or prevents him from continuing education. The State shall take all measures

suitable to ensure protection of the child from all forms of discriminations or punishment on

the basis of the position of the child’s father or the positions of the legal guardian or family

members, their activities, or their expressed views or belief.

79. The State shall undertake the protection of the child from all forms of sexual exploitation.

80. The State shall, for a child with disability, ensure a decent life and promote self reliance. It

shall rehabilitate and facilitate the child’s effective participation in society.


81. The State shall guarantee the provision of suitable opportunities to enable the

empowerment of youth to utilize their free time and develop their talents and capacity

physically, socially, religiously, culturally, educationally and politically. It shall reaffirm its

support for their projects, their right to housing and assist them to overcome unemployment

by providing all available opportunities for work, decent life and sound growth.

82. The State shall guarantee youth access to information from all national sources, especially

those aiming at promoting youth well-being. It shall ensure freedom of scientific research,

literary, artistic and cultural accomplishment and shall provide means to achieve that. The

State shall provide all types of assistance to advance science and arts and shall promote

scientific and technical innovation and creativity and protect the end results.

83. The State shall ensure the provision of all guarantees for youth in all cases of sickness,

disability, unemployment or lose of provider. It shall, in particular, guarantee that for the

families of martyrs in accordance with the law.

84. The State shall abide by at least 30% representation of women to enable effective

participation in various bodies, and authorities of the State as well as in elected and

appointed councils.

85. The State shall guarantee the right of housing for a divorced woman if she continues to care

for the children.

86. Equality between women and men in blood money and compensation.(Constitutional

principle)

87. Equality of women with men in human dignity and women shall have a civic personality and

financial independence.

88. The State shall ensure rural women participation in development by formulating and

implementing development plans at all levels. It shall facilitate information, advice and

services to women and all forms of training and education including those relevant to

functional literacy. It shall provide economic opportunities, credit and proper agricultural

and technology loans.

89. The State guarantees the provision of all necessary requirements such as physical

protection, economic, social, cultural, civil and political rights.

90. The State guarantees women all civil and political rights and abides by empowering women

to exercise all equal citizenship rights.


91. he Internally displaced people are a group of people who have been forced to leave their

usual place of residence due to armed conflict, violations of human rights or natural

disasters and haven’t crossed over international boundaries. (Definition).

92. The State shall provide humanitarian aid for IDP’s. An IDP has the right to free movement

and the choice of a place of residence.

93. The State guarantees to act on ending causes of displacement, to secure the return of IDP’s

and provide compensation.

94. The State guarantees the rights of refugees in accordance with international agreements.

95. The State guarantees for refugees the right to litigate cases before the judiciary in equal

footing with citizens and afford them the same treatment of that of its citizens in all aspects

of work and living.

96. The right for the Yemeni emigrant to acquire the citizenship of the country of residence

without giving up their Yemeni nationality.

97. The State shall abide by the rights of persons with disability in political, civic, social,

intellectual and cultural areas. It shall take all measures to ensure access to such rights as

soon as possible and in the least effort possible and at the highest quality. It shall liberalize

all its legislative provisions to align them with international agreements on the rights of

people with disability that Yemen has signed, ratified and has no reservations on.

98. The State shall take all legislative measures to protect persons or specific groups such as

(The marginalized, women, children or persons with disability) from being discriminated

against and to improve their situations.

99. The State shall adopt all appropriate measures to integrate the marginalized in the

educational process, adopt the principle of compulsory education and educational

scholarships in basic, secondary and university education. The authorities shall provide the

cost of the scholarships and allocates a certain percentage of enrollment in military and

civilian Institutes and academies in par with the size of the population.

100. The State shall establish a national body for the marginalized to work for their

assimilation into society.

101. Forced labor, slavery, all forms of subjugation, slave trade, trafficking of women and

children and sex shall be criminalized.

102. The Article of Association of any professional union is the legal reference for the

union until a special law is issued where the article of association shall remain in force

internally.


103. Education at all levels, basic, university and higher education shall be free in all its

streams levels.

104. The State shall be obligated to provide the appropriate support in the annual;

budget for scientific research to be given to institutions and researchers on the basis of clear

and transparent criteria through a competitive process. A certain percentage should be

allocated to scientific research from profits of investment and commercial activities in the

private sector.

105. The State shall undertake the provision of free medical services for every citizen

including persons with disabilities in all parts of the country and in high quality. It shall

allocate a percentage of GDP to achieve this purpose. It shall be obligated to provide a

medical referral service starting with the health center providing basic services in the village

or sub-district or neighborhood to specialized hospitals or national reference centers.

106. The State shall be obligated to build health units for reproductive health in the

provincial centers and provide all resources such as equipment, specialized medical staff and

application of the medical referral system for critical cases.

107. The State shall be obligated to provide health insurances for its employees and shall

obligate the private sector to ensure workers in this sector.

108. Citizens are equal before the law. Discrimination based on sex, ethnicity, language,

color, creed, profession, social or economic positions, belief, sect, ideology, opinion or

disability shall be criminalized.

109. The constitution shall include a chapter on rights and freedoms consisting of two

sections (one on rights and freedoms and the second: guarantees).

110. The State shall be obligated to establish an independent body , in partnership with

civil society, to defend and protect human rights. It shall have the right to report to the

judiciary and violation of such rights and has the right to intervene in civil cases in support of

the victim or appeal a decision on behalf and to the victim’s interest.

111. Passage of laws allowing capital punishment is prohibited unless for comeuppance and punishments for capital crimes.

112. A rule of capital punishments on crimes committed by juveniles below eighteen

years of age at the time of the crime is prohibited. Anyone who has incited or planned for a

juvenile to commit a crime shall be punished.


113. Construction in historic cities is prohibited without recourse to specialists and under

their supervision to preserve the aesthetic character and the special features of each historic

city.

114. All services projects (electricity, water supply network and sanitation networks… etc)

in historic cities shall be subject to the supervision of specialists of the High Council for the

Preservation of Antiquities to preserve the city’s elements, basic structures and historic

nature.

115. The Government shall resume work in the center devoted for military documents

and to provide resources including financial resources.

116. Freedom of the press, printing, publications and all other audio-visual and the

printed media is guaranteed. It shall perform its mission freely and independently at the

service of society and to express the trends of public opinion. It shall contribute in molding

and in guiding public opinion within the fundamental principles of the State and society. It

shall protect rights, freedoms, public duty and respect for privacy of the citizens (in

accordance with the constitutions).

117. Media discourse in all media whether written, printed, audio or visual or electronic,

Mosque sermons should adhere to whatever contributes to the safety, sovereignty, security

of the nation and the security of citizens. Incitement of sectarian, racist or ethnic tendencies

or anything that spreads an attitude of hatred or division or incites violence or blasphemy of

the personification of God, messengers or prophets or all religions is prohibited.

118. It’s not permissible to detain a child unless for a limited period of time. The child

should be given legal assistance and detention should be in a suitable place where

consideration for separation between sexes, age, type of offense and distance from adult

detention are considered and shall be referred to the judiciary as fast as possible for

adjudicating their cases. The juvenile shall be treated in prison in a manner proper to their

age and legal status. Penitentiaries shall be organized in such a manner as to make them

place for rehabilitation and reform for inmates.

119. The State shall ensure effective participation of youth in all the State’s political,

economic, social and cultural affairs in all areas by at least 20%.

120. The State shall undertake all proper measures to ensure protection of youth from all

forms of discrimination and position-based punishment or the position of parents or their

activities or expressed opinion or belief. The State shall guarantee proper protection and


care for the well-being of the youth. It shall take all proper legislative and administrative

measures for this purpose.

121. All forms and types of violence against women shall be criminalized.

122. An Arab national who is married to a Yemeni woman shall acquire Yemeni

nationality following five years of marriage and 10 years of marriage for a non-Arab. Their off

springs shall acquire Yemeni citizenship at birth.

123. The State shall enact all necessary measures to ensure family reunion of Yemenis

working abroad, ensures suitable education for their children, respond to their cultural

needs, social security, maintenance of links and connections with their motherland, and lend

them assistance when returning to their homeland.

124. A constitutional provision to include protection of the rights of the marginalized in

participation and representation by 10% in public jobs and their right to take up senior

leadership positions in all elected bodies, institutions, councils and legislative authorities.

The State shall take all appropriate legal measures to realize that and to ensure their

participation in public, civil and political life and access to decision-making position in equal

footing with the rest of the social groups.

Second: The Working Group on Good Governance

1. The chapter on definitions and concepts shall define the term “citizen" as being the

Yemeni citizen (male and female).

2. In addition to constitutional provisions, a national policy shall be development to reflect

the positive image for women and youth to promote a non-discriminatory culture.

3. The Constitution should provide that no amnesty should be given to senior State and

government officials and to hold everyone to accountability and absolutely no immunity

in corruption crimes and crimes against public rights and shall not be abolished by

passage of time.

4. The Constitution should provide for the independence and transparency of control

organizations and mandates publications of their reports.

5. The Constitution should criminalize violations in government tenders and

procurements and provide for controls and deterrent penalties.

6. The Constitution should provide for criminalization of smuggling of all types.

7. The Constitution should provide for good governance in all government institutions and

civil society organizations.


8. The Constitution should provide that no taxes, customs, fees or royalties unless provided

for by law.

9. The Constitution should compel oil and gas companies and all investment companies to

practice their activities in an environment friendly matter while criminalizing any

violation thereof. The law should provide for the responsibilities of these companies

towards the communities where they are located.

10. The Constitution should prescribe criminalization of wastage of natural resource and the

need for the application of the principle of international transparency in the extractive

industry.

11. The Constitution should provide for a ban on burial of radioactive, chemical or nuclear

materials in the country.

12. The Constitution should provide for equal opportunities and division of senior State

positions equally between the South and the North on the basis of integrity and

qualifications.

13. Political parties, civil society organizations shall commit to rules of democracy in their

structures and the application of the principles of good governance within the parties

and outside.

14. An independent body staffed by elected non-partisan members with a reputation for

integrity shall be established. It shall register political parties and organizations and civil

society organizations.

15. The Government shall support all political parties and organizations and civil society

organizations from the public budget. Foreign funding for all political parties and

organizations, individual and groups shall be prohibited from receiving any foreign

funding.. Civil society organizations shall also be banned from receiving any foreign

funding for purposes other than development. Political funding of individuals, groups or

organizations shall be criminalized.

16. Criminalization of exploitation of public funds, the media, civil and military institutions in

favor of one party or group. The ruling political party or coalition shall be banned from

sharing the public service jobs below the level of senior political positions.

17. The Constitution shall guarantee the right of association for the people in political

parties and civil society organization to promote the free will of the people. The setting-

up of a political party on religious, sectarian, ethnic or religious doctrine shall be

prohibited.


18. The Constitution shall guarantee the right of citizens to access information in full

transparency.

19. Women shall be represented by at least 30%, youth by at least 20% in all three branches

of government.

20. The State shall guarantee free basic, secondary (public, technical and vocational) and

university education and quality in line with international standards and shall take

measures to attain that.

21. The State shall commit to provide free health services and to enhance the legislative and

executive frameworks for integrated and comprehensive healthcare services in line with

international standards.

22. A constitutional provision that criminalizes attempts by any authority to undermine the

constitutional or law or to hinder any of its provisions.

23. A constitutional provision to reaffirm full separation of powers and to prevent

dominance of one over the other.

24. A constitutional provision to ensure full separation between branches of Government,

the executive, the legislative and the judicial and to guarantee a balance of power.

25. A constitutional provision that prohibits and criminalizes combining power with

business.

26. A constitutional provision to neutralize the public service and prohibits monopoly or

exploitation.

27. The Constitution shall provide for independence of the judiciary in a manner where the

judiciary would have sole jurisdiction over dispute resolutions of all kinds. And the

establishment of a supreme constitutional court.

28. A provision that members of the Supreme Court and the Supreme Judicial Council shall

be directly elected by a general assembly comprising judges of all degrees and in

accordance with the special electoral system.

Third: The Military and Security Working Group:-

1. The armed and security forces belong to the people of the Republic of Yemen and their

mission is to protect the country and maintain the security, unity, territorial integrity,

sovereignty, and the Republican political system. The State alone can form such forces. it

is prohibited for any person, body, party or an entity or group to create any military or

paramilitary formations, armed groups, or organizations, military or paramilitary under

any title.


2. The Ministry of Defense is accountable before the people and the state authorities on all

matters related to the armed forces. The law shall define the size, organizational

structure, job descriptions, tasks, functions, human and material structure of all

components, operations theaters, financial and administrative systems, and

transparency of financial oversight and control by the Legislature and the Military

Inspector General.

3. The law shall regulate general mobilization and defines terms and conditions for the

services, promotions, retirement, national defense service and the sanctions and

penalties in the armed and security forces.

4. Review of the current legislations of the armed, security forces and intelligence services.

Legislations shall be enacted to be in line with the new Constitution and the

requirements of the new structures.

5. No actions to authorize referral to retirement shall be taken unless by a clear legislation

framework which defines the term for retirement and entitlements in a fair manner to

be regulated by law.

6. Terrorism is a global scourge that must countered in cooperation with the international

community in a manner that does not undermine national sovereignty, but rather

focuses on cooperation in the training and rehabilitation of the Yemeni anti- terrorism

security and military services through development and armament to improve their

combat capabilities and avoid direct intervention.

7. The Security forces is a formal civilian body which performs its duties in the service of

the people and ensure tranquility, protection of their rights and freedoms and maintain

law and order and public ethics. It shall enforce all laws and regulations and judicial

orders as defined by law.

8. A National Defense and Security Council is to be established. The Working Group shall

define its membership and functions in the next phase.

9. Enactment of laws for the creation of the National Defense and National Security Council

that clarify its tasks and functions. Laws shall be enacted to regulate the armed forces,

general mobilization and conditions, military service, the national defense service and

retirement and pensions for the military.

10. Enactment of a law for comprehensive health insurance coverage and social security for

the armed services, security and intelligence personnel and their families.

11. Repetition of ( 5)


12. Development of regulations to unify the command, control, and guidance center in the

security and police institutions and the prohibition of discrimination in duties and rights.

The MIS system should be completed together with the installation of an automated

system, connection of hotlines and the provision of necessary equipment.

13. The military judiciary is an independent judicial body in its work, specializing exclusively

in adjudicating in all crimes related to the armed forces, officers and members. The law

shall identify those crimes and defines the other functions of the military judiciary. It is

not permissible to prosecute any civilians before military courts. Members of the

military judiciary are independent, cannot be removed, and shall have all the

guarantees, rights and duties granted to the members of the judicial authorities. Judicial

panels shall have jurisdiction over the officer and staff of the armed and security forces

and non other by adjudicating in all administrative disputes relevant to decisions on

their affairs. The law shall regulate its functions and how its decisions can be appealed.

14. Members of the Military, Security, and Intelligence Services are prohibited from

participation in elections and referendums; whether by voting or nomination for the

elections or campaigning in favor of any candidate as away to protect them from

political infiltration.

15. Criminalization of any partisan activities by members of the military, security forces and

the intelligence services. The law shall specify the severest of penalties, including

stripping of military rank, dismissal from service and treason. Any activity by any political

party, organization, or group in the armed, security and intelligence services shall be

criminalized. The law shall define strict penalties for such acts. The utilization of the

armed, security and intelligence services in favor of any political party, group or

individual shall be prohibited. They shall be shielded from any form of partisan affiliation

to ensure neutrality. Military commanders shall be subject to financial disclosure to

protect public funds and to combat corruption.

16. The Military, Security, and Intelligence Services shall respect human rights and freedoms

and international conventions and agreements that do not contravene the sovereignty

of the country.

17. The President, Prime Minister, Speaker of the legislature, Minister of Defense, the

Minister of Interior, or the heads of Intelligence bodies are not allowed to appoint any

of their relatives, or in-laws, up to the fourth level, in any leadership positions in the

Military, Security, and Intelligence Services during the period of their tenure in office.


18. Develop a military doctrine for armed forces derived from constitutional principles so as

to become a national and professional army, loyal to God first and to the Nation.

19. Members of the armed and the security forces legitimacy and full protection during their

performance of their duties are derived from compliance with the constitution and the

law.

20. The subordination of the Moral Guidance Department in the new structure shall be

under the direct authority of the Minister of Defense. This is to ensure the activation of

its role and activities of the Moral Guidance and Military Media of the armed forces,

development of programs, events, and activities to improve morale and discipline and

consolidates national unity. There should be a study of the underlying causes and

negative effects of low morale and lack of discipline, low level of fighting skills and

training. Negative phenomena shall be analyzed and solutions shall be developed in

coordination with commanders of these forces, military regions and units. The objective

of that is to promote high morales amongst personnel of the armed forces, enhance

their positive role, cultivation of their skills and talents, guide their behavior towards the

strengthening of patriotism, which will eventually raise the preparedness of the armed

forces and create a national military doctrine. Islam, as a moderate, fair and tolerant

approach shall be at the core of the new military doctrine, the core and substance of

military education and awareness to enhance morale of the armed forces removed from

sectarian, partisan, and regional discrimination and divisions.

21. Control and regulation of the financial expenditures and disbursements as to be in

accordance with the law and specific budget and its provisions and procedures. Finance

shall be independent from the control of military and security commanders. End

wasteful expenditure and disbursements made under the pretext and justifications of

bonuses.

22. Deterrent punitive actions should be taken to reduce the imbalances and financial and

administrative corruption within the military and security forces (such as the

recruitment of children, shadow soldiers, drop-outs with active salaries, those allegedly

on missions, strict control over the process of transferring soldiers, and those seconded

such as those assigned to be bodyguards in contravention of the law. Salaries,

deductions or entitlements unpaid directly to the soldiers or the rank and file shall be

returned to the public treasury. Work to end double dippers in the military, security

forces and the civilian sector should be accelerated through the use of modern


technology, including the introduction of a functional fingerprint scheme in the military

and security forces.

23. Speedy release of all prisoners and detainees held in intelligence services prisons in

contravention of the law such as those who have already finished serving their

sentences, those held without trials or those held for political reasons.

24. Move juveniles who were convicted by court to juvenile detention centers. A decision to

establish a juvenile reformatory in cases connected with national security or terrorism

should be urgently enacted. Those under legal age should be moved to this new facility

to ensure psychological reform and rehabilitation. They should be given religious

rehabilitation to educate the detainees on moderate Islamic and Shariya’a scholarship in

a manner that doesn’t conflict with the curriculums of the Ministry of Education. They

should be given post-secondary school vocational and academic rehabilitation like a

community college. The reformatory should be supervised by the judiciary to ensure

their rehabilitation and reintegration in society.

25. Removal of the military camps from urban areas in parallel with the disarming of all

militias and armed groups.

The Working Group also produced a number of recommendations included in annex (5).

Fourth: The Working Group on Development:-

1. Capable and knowledgeable linkages with the information age to achieve positive and

sustainable transformation to knowledge production, and effective utilization in cultural,

economic and social structures.

2. Focus on the tourism industry; provide the financial and technical base for exploiting the

climatic, geographical and environmental diversity of the country to develop a prosperous

and sustainable tourism industry.

3. The State guarantees welfare of women and youth, qualification and nurturing their

spiritual, moral, cultural, scientific, physical, psychological, social and economic development

and to enable effective youth political participation.

4. The State shall be obligated to provide care for persons with special need and provide job

opportunities in a welcoming environment that facilitates social integration. The State

should promote social awareness on disability and facilitates access for person with

disabilities to public facilities.


5. Establishment of social security systems and networks, both governmental and private, to

ensure decent life to an individual and to enable them to overcome poverty by gaining

human skills and utilization. Spending should be directed to achieve such purpose by

providing government and public sector employment when needed and by providing high

quality public services.

6. All forms of compulsion and coercive exploitation of individuals are prohibited. The law shall

criminalize such acts.

7. Economic and social policies shall be harmonized with modern and advanced mechanism,

organizational and administrative structures to facilitate removal of the gap between rural

and urban areas.

8. The State shall develop policies and legislations to ensure rational use of water resources

and prevent depletion.

9. The State shall develop policies and strategies to reduce poverty and unemployment and to

ensure implementation.

10. Yemeni society should be based on social solidarity on the basis of equal citizenship,

brotherhood, tolerance, diversity and recognition of the other. It shall reject extremism,

excessiveness, violence, hate culture, division and war.

11. The individual is the foundation of society and family is the social unit in society on the basis

of religion, moral, noble human values and respect for individuals and love for the nation.

12. The listing of specific rights in the constitution shall not be interpreted as a denial of

enjoyment of other rights by the people nor undermines such rights.

13. The State shall guarantee the civil, political, economic, social and cultural rights of women. It

shall be obligated to empower women to exercise their full rights on the basis of equal

citizenship and remove all discriminations. It shall protect women from all forms of violence

and inhuman acts and shall pass laws to realize them.

14. Private lives of citizens have sanctity and privacy is guaranteed. It's is not permissible to

monitor, confiscate or peruse postal correspondence or wireless, electronic, telephone or

any other mean of communication unless by court order justified by law and for a specified

period of time.

15. Homes have sanctity, with the exception of hazards and stress, and is not permissible to

enter or inspect or surveillance of home unless by court order with justification that defines

the place, time and purpose of such act. Residents of a house have to be alerted before

entry or inspection


16. Access to information, data, statistics and documents and disclosure thereof is a right to be

guaranteed by the State for every citizen in a manner that doesn't undermine the sanctity of

private life, rights of others and contravention of the law. The law shall regulate the rules for

deposit of public documents and maintenance thereof, ways of accessing information and

appeal refusal of access and the subsequent accountability

17. The State shall abide by the principle of full and clear separation between the three powers

of government as a constitutional provision governing the functions and mandates of the

three State's powers- the legislature, Executive and Judicial.

18. Activate the role of the State in natural resources management (national resources) such as

oil, gas, water, fish wealth and other natural resources. Regulate the use and never give

agencies to intermediaries to manage such resources. Rationalize the use of natural resource

to secure the rights of future generations. Diversify the sources of fund for public finance of

the State.

19. Reconsideration of the concept of social and economic justice and to strength the concept of

partnership, diversity of economic sectors and ownership to the public, private and mixed,

cooperative and national and shareholding companies and development the concept to

enable the achievement of sustainable social, economic and development tasks.

20. The Government shall abide by its main roles in the development of strategies and

implementation of public programs in infrastructure, especially in education and health and

engage the private sector and civil society organizations in such programs.

21. Mobilize effort by individuals in strong organizations able to effectively engage in social and

economic activities to play a positive role in influencing public policies.

22. The State shall ensure protection of motherhood and childhood and provide free healthcare

services, especially for rural and remote areas.

23. The State shall proved healthcare for juveniles and other individuals unable to care for

themselves for any reason. The State shall provide assistances and rehabilitation to serve

their interest and the interest of society.

24. The State shall endeavor to advance, develop and improve infrastructures to meet the needs

of development and to engage the private sector in order to create competition and

investment within a clear legal framework.

25. The State shall promote cooperatives, saving and the establishment of cooperative, charity

and development enterprises of all types. It should also establish the legal framework for

regulation and protection of these enterprises.


26. The law shall define the salaries, pensions, compensations, assistance and bonuses to be

paid out by the State's treasury. The State shall endeavor to link salaries to production and a

decent living standards. It shall guarantee the minimum level of salaries and pensions and

shall establish the maximum level where no one shall be given an exception unless by law

27. The State shall abide by combating corruption of all its forms and shall criminalize any act in

connection with corruption and shall act to promote the principles of good governance.

28. Endowment have sanctity and the State shall protect endowments and shall, through an

independent body, act to revive the role of endowments, promote it and develop its

resources and utilization to achieve the intents of Shariya’ah and the social and economic

function of endowments according to the law and type of endowment.

29. The State and all individuals in society shall protect and maintain all archeological, historic

sites and natural conservation. Any tampering or vandalizing such sites and monuments

shall be considered sabotage and aggression on society. Anyone found to have committed a

violation or sold any artifact shall be punished by law. The State shall make every effort to

develop tourism activities, develop and protect its security and shall work spread awareness

and education in the community on the importance of tourism and archeology from the

economic, development and cultural perspectives and the position they have created for our

people amongst the people of the world

30. The State shall ensure preservation of the natural, human and architectural environments

and shall exercise care during the development process not to undermine the needs of

future generations for such natural resource.

31. The State shall ensure decent livelihood and clean water and shall work at addressing the

housing problem through a national housing plan and shall regulate State’s and individual

land uses by developing architectural plans with consideration not to damage agricultural

areas. The State shall protect private property and the rights of the vulnerable and shall

promote investment in housing and vertical construction.

32. The State shall devote special attention to agricultural and fisheries development by

increasing production to achieve self sufficiency and export of surplus. The State shall enact

all necessary measures to development water resources, rationalization of the use of water

and shall develop a national plan to limit Qat production by providing appropriate incentives

for alternative crops. It shall spread community awareness on the significance of water and

the State shall ensure protection of the marine environment and promote its resources.


33. When imposing taxation and levies, Consideration should be given to achieving social

equality between the citizens in the distribution of income and prevent concentration of

wealth and exchange within confined segments of society.

34. The executive branch is prohibited from signing loans or providing guarantees or engage in

any project which will have a burden on the State's treasury in any given year or years unless

approved by the legislative branch.

35. Public confiscations of properties is prohibited and private confiscation is unlawful unless

through a final court judgment.

36. The right to inheritance is guaranteed in accordance of the Islamic Shariya'ah and shall be

issued in law.

37. The State shall work for achieving technological and informatics development in all fields

including information technology and liberalization from all constraints. It shall promote

sufficient competition and investment in the field in parallel with level of education and

scientific research to achieve advance scientific and economic development

38. The State shall work to ensure that the public budget achieves the social and economic

objectives of society and development priorities. It shall ensure that the budget is based on

transparency and accountability to enable natural resources producing areas to have

efficient benefit from their resources. The legislative Authority has the right to amend the

budget to serve public interest and protection of public funds.

39. Allocation of a sufficient percentage of the State’s budget for the three types of education.

40. Enactment of legislations to regulate education and to prohibit partisan political activism in

the educational system of Yemen.

41. Development of a national plan with a specific timeframe for the eradication of reading and

writing illiteracy.

42. Development of policies to ensure quality education and good management.

43. Promotion of scientific research and development of mechanisms and the expansion of

scope to contribute in enhancing development and uplifting the economic standards.

44. Use of Information Technology and Telecommunications (ITC) in the educational process and

adopt eLearning in all stages of education.

45. Education planning to correspond to the needs of future development and labor markets

locally and abroad.

46. Obligate the state to provide the proper educational services to the people with special

needs.


47. Universities shall be financially and administratively independent and the principles of good

governance shall be adopted.

48. Mandate the government to provide adequate incentives and favorable environment for

girls’ education.

49. It is important that job descriptions for all the educational areas: technical, administrative

and educational aspects are provided.

50. Obligate the State to attend to and develop early childhood.

51. The State provides facilitation services to enable women to harmonize between their

domestic duties and public post and enact legislations to protect women’s health and family

privacy.

52. Draft regulations to ensure the academic freedom of professors, university students and

researchers in the higher education institutions as per the Constitution.

53. Culture and cultural development are indispensable for sustainable development and an

essential tool for good governance, informed decision-making and for promotion of

democracy.

54. The State shall safeguard cultural, historical and linguistic components of society and

improve education and science to keep abreast of the latest developments.

55. The State shall advance science, arts and literature, sponsor talented, creative and

innovative people protect their innovations and creativity and work toward applying them

for the good of the society. It shall further provide the cultural infrastructure and cultural

services and the establishment of cultural centers at the governorate and district levels.

56. Freedom of thought and creativity of all forms are protected, every individual have an

inherent right of expressing an idea or creativity verbally or in writing, photography or

drawing or through any other mean of publication and expression. There shall be laws and

legislation passed to guarantee realization of this right.

57. Establishment of a general knowledge model which is genuine, open and enlightened based

on learning from the development of human knowledge and its dynamic horizons. It shall

also be based on promotion of innovation and shall be revered. The Arabic language shall be

uplifted and have an efficient presence of Yemeni cultural heritage in school curriculums and

all other forms of expressions. Cultural diversity shall be enriched, supported and celebrated

to maintain the freedom of society and protects its identity.

58. A high level body shall be established to preserve cultural, civic and architectural heritage

with oversight over collection and documentation, preservation of assets of, all types and


forms, in all parts of the country equally. The Commission shall be active in documentation

of anything related to the collective memory of Yemenis. The State and all individuals in

society shall protect and maintain all historic and architectural sites and monuments and

shall endeavor to regain everything that has been looted. Any tampering or vandalizing of

historic sites or monuments shall be considered sabotage and aggression on society. Anyone

found to have violated or sold such artifacts shall be punished by law.

59. A High Council for Culture, arts and Literature shall be established. It shall enjoy full

autonomy, neutrality and legal personality. It shall promote the tasks of ensuring the

freedom of though and creativity and to preserve intellectual property, literary, artists and

cultural achievements and makes available all means to realize this. It shall provide all

assistance to promote advances in science, arts and literature and shall nurture cultural

industries used in the production of culture and arts and in the dissemination thereof,

starting with traditional industries up to electronic industries, support trends in cultural

endowments and encourage private investment in culture and new mediums. Taxes and

Customs duty and any other levies on book and book inputs shall be exempted and

legislations to realize this shall be enacted.

60. Establishment of the High National Education and Scientific Research Council. The Council is

to enjoy autonomy, neutrality and legal personality. It would have the function of

development of a national education strategy for all types and stages of education, achieve

complementation between them, promote scientific research and develop national

educational and scientific research quality assurance. The council shall promote inventions

and scientific innovations.

61. Allocation of higher and sufficient funding for scientific and cultural research as a share of

GDP.

62. Every citizen (male and female) has the right to high quality education; where all stages of

education are free in all States educational institutions. Basic Education shall be compulsory

and the State should take measure to extend the mandatory nature to other stages of

education. The State shall have oversight over all types of education and shall be

responsible for technical and vocational education and promotion thereof. All public,

private and other educational institutions shall comply to the States educational plan and

objectives, in as far as linkages between education and needs of both society and

development are concerned.

63. The State shall make a higher and sufficient funding as a share of GDP for education.


64. Work is a right, a duty and honor for every citizen. The State shall guarantee work on the

basis of equality; justice and equal opportunity. It shall be illegal to force any type of work on

individual unless required by law. Public servants shall work to serve the people. The State

shall offer public jobs to people on the basis of qualification avoiding cronyism and

favoritism. Violation of this principle shall be punishable by law. The State and the private

sector shall ensure the right of workers to fair wages, holidays, retirement, social security,

healthcare, protection against occupational hazards and provision of occupational safety in

the workplace in accordance with the law. It shall be illegal to dismiss a worker unless such

act is in compliances with situations described in the law. All forms of protests are a right

and shall be regulated by law.

65. Every citizen (Man and Women) have the right of enjoyment of a decent living standard

including the right to housing.

66. Each child, immediately after birth, shall have the right of care, basic nutrition, shelter,

healthcare and emotional and educational development. The State shall commit to the

welfare and protection of a child if the child loses his/her parents and shall ensure the rights

of children with disabilities, rehabilitation and social integration. It shall be illegal to engage

a child in work not compatible with his age or prevents the child from pursuing education. It

shall be illegal to detain a child unless for a specified period, legal aid is provided and

detention is in a suitable place where age, type of crime and distant from adult detention

centers must be considered according to law.

67. The State shall make a commitment to provide care for senior citizens and the elderly and to

care for them by providing senior citizens homes to protect their dignity.

68. The State shall commit to provide welfare to orphans and to protect them in orphanages,

provide rehabilitation services, preserve their dignity and enable them to enjoy their full

human, social, economic, cultural and civil rights.

69. The State shall endeavor to provide a suitable pension for all of those who are not covered

by the social security system. This shall be regulated by law.

70. The State shall enact all legislative, institutional, policies, economic and social measures to

eradicate discrimination against the marginalized groups and to integrate them in

development and shall empower them to exercises their rights in equal citizenship.

71. Citizens have the right to form associations and private institution and to establish unions,

federation and cooperatives by merely serving a notice. They shall exercise their activities

freely and shall enjoy legal personality. It's unlawful for authorities to dissolve or dissolve


their bodies unless by a final judicial judgment. Law shall regulate their management on

democratic basis and hold the members of such bodies accountable for their behavior in

exercising their professional duties according to the code of moral conduct.

72. Exercise of sporting activities is a right for all. State and community institutions shall discover

and nurture talents in sports. Appropriate measures shall be adopted to promote sports and

popular sporting teams.

73. An independent high economic, social and environmental council shall be established. It

shall support participation of various groups of society in the preparation and development

of political, economic, social and environmental policies and to promote social dialogue. The

law shall regulate the function of the council.

74. The State shall be responsible for mitigating the impact of natural disasters and public

adversities and shall establish a special fund for response to natural disaster.

75. The State shall commit to the development of a comprehensive plan to eradicate illiteracy

and dry out its sources for all ages, males and females in both the rural as well as urban

areas. The implementation shall be jointly shared with the community during a medium

term timeframe starting on the effective date of the new social contract.

76. Full representation of the people through transparent institution, disclosure and

accountability before all the people and to ensure peaceful transfer of political power.

77. Citizen’s participation (males and females) in public life is a national duty. each citizen has

the right to vote, run for office and to express an opinion through referendum. The law shall

regulate such rights these rights directly. The State shall be obligated to inscribe the name of

every citizen in the voters database without request when conditions for a voter are met.

The State shall ensure the safety neutrality and integrity of referendum and elections. The

intervention of the States institutions to influence referendums and elections is a crime

punishable by law.

78. Women shall be politically empowered with at least 30% representation in various decision-

making levels in elected bodies.

79. The Supreme Elections and Referendums Commission shall enjoy full autonomy, neutrality,

transparency and shall be subject to accountability. It shall have a legal personality.

80. Citizens, males and females are equal before the law, equals in public rights and duties.

There shall be no discrimination on the basis of religion, sect, opinion, ethnicity or lineage,

sex, color, class, profession or economic or social status.


81. Dignity is a right for every individual of which the State and society shall guarantee respect.

It's a crime to enslave a person and is illegal in all cases to humiliate any individual or hold in

contempt or degrade his humanity. All forms of discrimination, racism, social division and

forced labor are banned. It's illegal to imprison anyone arbitrarily

82. A human body has sanctity and is unlawful to trade in body organs. It's not permissible to

conduct medical or scientific experiments without the free and documents consented of the

individual and in accordance with established principles in medical sciences in a manner

regulated by law.

83. Houses of worship and scholarship have sanctity. Their utilization for purposes other than

those for which they were established shall be criminalized. It is prohibited to monitor or

inspect them unless by a court order with justifications.

84. Rights of movement, residence and migration are guaranteed. It’s not permissible to banish,

exile or strip the nationality of any citizen or to prevent them from returning to the State or

to leave it or to hold them in house arrest unless by a final judicial judgment.

85. Prison is a reform, disciplinary and rehabilitation facility and shall be subject to law and

judicial oversight. All acts verbal or otherwise in contravention with the law and conflicts

with the human dignity and rights or subject the prisoner’s health to risk is banned.

Establishing a private prison is a crime and no citizens shall be held in confinement in

violation of the law.

86. With the exception of being caught red-handed, it is not permissible to arrest anyone or

search or prevent from movement or restriction of freedom in any form unless by justified

judicial order as required by an investigation. Anyone held in confinement shall be informed

of the reason in writing within twelve hours of detection. Thereafter, the individual shall not

remain in detention without orders of a judge and shall be presented to the investigative

authority within 24 hours from the start of detention. An investigation shall not be

conducted unless in the presence of a lawyer selected freely unless one has been designated

for this purpose. The individual has the right to contest his detention before the judiciary

which shall look into the petition by the individual in detention within a week, otherwise the

individual must be released. Law shall regulate provisions of precautionary detection,

duration and reasons and cases of entitlement of compensations and performance in

replacement of detention or for serving a penalties for which a final judicial judgment has

been made to cancel the execution of the sentence and shall work to cancel all courts of

special nature


87. Anyone arrested or detained or freedom has been restricted by any legal means shall be

treated in a dignified manner. Its unlawful to torture, terrify, coerce or abused physically or

mentally. Confinement must only take place in decent places, humanity and health and

under judicial oversight. Violation of any of the above is crime for which the perpetrator

shall punished in accordance with the law. Any statement made under the duress of any of

the above or under threats shall not be held against the individual.

88. he establishment of a national commission on human rights enjoying full autonomy,

neutrality and legal personality. The commission shall be vigilant for the respect of human

rights and freedoms by State institutions and political groups or any public or private

institution, as well as any other body performing the function of a public facility. Any

individual can notify the Commission if he/she feels has been mistreated by any public

facility or agency or notify itself, according to conditions regulated by law. The law shall

regulate the functions of the Commission and the way it can intervene. The members of the

Commission are to be appointed for a five-year term non-renewable. The Chairman or

members of the Commission shall not qualify for membership of the Government or any

representative Council

89. Freedom of the press, printing, publication and all other media are guaranteed. It shall

perform its mission freely and independently to serve the society and express the various

trends of public opinion. It shall contribute to the formation and guidance within the

framework of the main guiding principles of the State and society. It shall protect rights,

freedom and public duties and respect the sanctity of private lives of the citizens. They shall

not be suspended, closed or confiscated unless by a final judicial judgment. Censorship on

materials published by the media is banned, exceptions are specific censorship at time of

foreign aggression.

90. Freedom of publishing or establishment of an audio-visual or digital medium and ownership

of all types of media thereof by any Yemeni citizen - natural or legal, is guaranteed by merely

serving a notice.

91. A National Council for Press and Media shall be established. It shall enjoy full autonomy,

neutrality and the status of a legal personality. It shall maintain the freedom of opinion and

expression, the press, printing and publishing and the freedom to issue or run media

channels of all types. It shall endeavor to uplift the performance of the media and provide

media and cultural services.


92. Activation of the leading role of the State in sustainable economic development and the

social dimension. Pass laws and legislations, put in place effective mechanisms and controls

and create deterrent control mechanisms.

93. Activate legislations related to civil society organizations to serve transparency in their work

and resources and to prevent the spread of shadowy organizations and enhances the

structures and performance of such organization to serve the nation and society in follow-up

and monitoring.

94. Enhance the private sector engagement and develop its institutions and partnership bodies

between all sectors and coordinate between them to enable the private sector to play its

leading role in economic life in a competitive economy based on social responsibility.

95. Creation of a strong social safety net with wide coverage in insuring pensions, health care

insurances, work injuries, insuring against disasters and protecting the vulnerable groups

such as orphans, women, the low income and those with special needs with the

participation of the State, the private sector, civil society organizations and individuals.

96. Engage civil society organizations and the private sector in the planning and identification of

projects needed by local communities in various development areas.

97. The State shall endeavor to create a stable environment, political, security, economic and

social, to maintain social stability and the provision of sustainable development

opportunities.

98. Healthcare is a right of every male and female citizen.

99. The State shall allocated a sufficient share of the public budget to healthcare.

100. All health public and private health facilities shall provide various types of

treatments to anyone in cases of emergencies and life threatening situations.

101. Every male and female citizen has the right to live in a health and sound

environment. The State and individuals in society shall commit to the preservation of the

environment and protection from pollution and sustain the use of natural resources to

ensure prevention of harmful effects and that the rights of future generations are preserved.

102. The State shall ensure that every male and female citizen have means to access

basic necessities for life such as clean water and healthy food.

103. The State shall promote the establishment of hospitals, clinic and treatment centers

according to the rules set by law.


104. The State should be responsible for prevention and treatment of epidemics and shall

be responsible for all preventive and treatment measures to deal with the spread of

epidemics, natural and humanitarian disasters.

105. The State shall endeavor to achieve food security and the provision of the needs by

the people for basic commodities and shall enact whatever measures deems appropriate to

that end.

106. The State shall foster and promote all types of investment activities and all types

industries. They shall be given privileges and facilities. Special attention should be given to

small and medium scale enterprises. Legislations that promote, develop and protect such

industries shall be enacted.

107. The State shall protect and develop savings and social security and pension funds

through investment in economic activities in promising and minimum risk sectors.

108. Public funds and properties have sanctity, where the State shall maintain and

protect and all individuals in society shall protect. Any vandalism or attacks shall be

considered sabotage and attack on society. Anyone violating such sanctity shall be punished

in accordance with the law. The State shall protect its seas, waterways, coasts, islands,

exclusive economic zones and marine wealth from tampering, looting and over-exploitation

in a manner that threatens national security.

109. The law shall regulate the official currency, financial and banking system and shall

define standards, measurements and weights. The Central Bank shall be independent from

the Executive Authority.

110. Women have an effective role to play in economic and social development. The

State is responsible for empowering women in investment opportunities and economic

development projects, whether by individuals, organizations or joint enterprises. The State

shall provide support and care and encouragement in all areas

111. The State shall abide by a comprehensive strategy to build dams and maintain them.

112. The State shall abide by rehabilitating the public sector, services and agricultural

cooperatives and corporations and factories destroyed or looted in the south since the 1994

war which were the main livelihood source for the majority of sons of the South

113. The State shall foster appropriate measures to promote the establishment of public

shareholding companies in all economic sectors and infrastructure projects to achieve social

equity.

114. Reinforcement of the national, Arab and Islamic identity in the school curriculums.


115. Enactment of regulatory legislations in education and criminalization of politicization

of the educational system in all its types (management, curriculum and training).

116. Obligate the Government to provide care for the talented and advanced students,

be attentive to creativity and innovation and the establishment of specialized centers for the

purpose.

117. The State shall guarantee free education in all stages and type of education.

118. Enactment of legislations providing for compulsory basic education.

The Transitional Justice Working Group:-

1. The Working Group on Issues of National Dimensions, National Reconciliation and

Transitional Justice shall develop the principles and legal determinatives of the transitional

justice law for adoption before enactment of the law.

2. The State shall commit to compensation and reparation for all victims of terrorism

operations and the civilian and military victims of mistakes by the anti-terrorism operations

in all governorates and establish memorials for them.

3. The formulation of a comprehensive national strategy to fight terrorism, enact a special anti-

terrorism law according to determinants to be development by the National Dialogue

Conference in the next phase. Extrajudicial killing should be criminalized including those by

drone strikes or guided missiles. The confinement of the accused for long periods without

trial should be criminalized. Former detainees on terrorisms charges who were not

convicted shall be given name clearance and compensation. Implementation of

rehabilitation and reintegration programs. The Guantanamo detainees should be accorded

appropriate attention.

4. Formulation of constitutional and legal provisions relevant to transitional justice in a clear

and concise form to avoid misinterpretation.

5. The State shall commit to compliance with international rules and standards when designing

and implementing the transitional justice processes and mechanisms. This should be

effectively realized and sustained to allow for the implementation of transitional justice,

achieve national reconciliation and ratification of all relevant international human rights

conventions in transitional justice programs and processes.

6. The State shall respect the right of citizens to peaceful protests and expression of opinion. It

shall protect this right through legislations that ensures protection of the citizens and to

prevent violations of human rights in the future.


7. Commit all State institutions, bodies and executive, legislative and judicial organs to disclose

information. Date and document relevant to violations of rights and freedoms of citizens.

Hold accountable anyone who conceals or neglects to disclose and unveil the truth by

providing everything they have in their possession or what they know through their former

post and under their responsibility during their current jobs.

8. All victims of violations should be treated equally without discrimination on the basis of

place or time.

9. Commit to mandating the Truth Commission full powers to disclose all cases of forced

disappearances and all violations of human rights according to the law.

10. Admission of the violations without justification and institutional apology for all human

rights violations.

11. Victims of violations, forced disappearances shall receive fairness and reparations in a just

manner.

12. Institutional reforms of State institutions involved in human rights violations to ensure non-

repetition of such violations.

13. Compliance to standards of the International Humanitarian law, international human rights

conventions and investigations by the Un High Commission for Human rights and

recommendations by the UN Human Rights Council in the establishment of inquiry

commissions, investigation and litigation procedures, provision of technical , procedural,

financial and political support for immediate initiation of a process to achieve that, in a

manner that ensures speedy and fair implementation to punish those convicted and

reparations for the victims.

14. Compliance with the UN Anti-Corruption Convention.

15. The State shall commit to asset recovery of all looted funds and public and private lands in

the country and abroad arising out of the abuse of power or exploitation of power, theft or

fraud or any other illegal mean to ensure the right of the victims and society by holding

accountable the looters administratively and judicial in accordance with national and

international standards and in a manner that ensures the enactment of legislations

preventing illegal disposals of properties, land and funds.

16. Reforms of the legal framework for land management, specifically quick actions to enact the

land registrations law being considered by the Parliament since 2007 and other relevant

legislations.


17. The State shall commit to the establishment of special judicial commissions to address land

issues and those forcibly dismissed or retired and military or civilian commissions in all

governorates and obligate these commissions to publish their findings.

18. Military, security and intelligence organizations shall be neural as national professional

institutions that do not intervene in political or civil affairs. Their missions should be

manifested in the protection of the security of the nation and citizens and the maintenance

of national and social peace.

19. Consideration of previous conflicts part of history where all parties to these conflicts have a

shared responsibility. Anyone who have been subject to abuse and fallen victim to a political

conflict at any stage during the rule of partition or union should be vindicated. All rights of

those affected victims of political conflicts at the level of the two parts- North and South,

starting 1962 in the North and 1967 in the South and up till now should be reaffirmed. This

shall not be construed as being a condemnation or a trial of the two September and October

Revolutions.

20. The State shall speed up the implementation of the 20-points presented by the Technical

Committee for the Preparation for the National Dialogue Conference and the eleven points

developed by the Working Group on the South.

21. Include the 2007 human rights violations as part of the agenda of the Transitional Justice

Working Group.

22. Carry out appropriate investigations and fact finding operations to uncover cases of forced

disappearances during previous political conflicts and the fate of the victims. Remains of

those who have died should be handed over to their families. Victims should be treated

fairly and vindicated. National memory should be eternalized and all required actions to

prevent repetition of tragedies of forced disappearances should be taken.

23. An autonomous body to recover looted funds, public and private land inside the country and

abroad should be established and given exceptional powers to act.

24. Establish similar judicial commissions to address land issues like that set-up for the Southern

Governorates in all other Governorates.

25. All political parties and civil society organization and other actors represented in the

National Dialogue Conference commit to denouncing terrorism acts in all forms, types and

justifications. They shall commit not to glorify such acts religiously, politically or under any

other justification or pretexts in order to arrive at a commitment in part of all social

constituencies and actors to denounce terrorism and all acts of terrorism.


26. The State shall commit to refer any one proven to have engaged in killing of peaceful

protestors or security and military personal for investigation and trials including those who

incited them.

27. Release of all detainees including detainees of the youth revolution and the Peaceful

Southern Movement, prisoners of thought unless convicted on other criminal or terrorism

offenses.

28. There is a need to conduct a transparent investigation of all major political crimes which

affected the society.

29. Ensure neutrality of the military, security and intelligence organizations as professional

national institutions that do not intervene in political or civilian affairs. Their mission shall

manifest protection of the security of the nation and the citizens and maintenance of

national and social peace.

30. The State shall align the provisions of the International Agreement on the Criminalization of

forced Disappearances signed by Yemen with relevant Yemeni legislations.

The Working Group also produced a set- of recommendations included in annex (6).

Working Group on Independent Institutions:-1. Independent Authorities, as enshrined in the Constitution with its juridical personality,

administrative, financial, and technical independence exercises its powers and performs its

duties impartially, without fear or favoritism.

2. Any interference in the work by any the body of any person or any organ in the state

(directly or indirectly) is considered an offense punishable by law.

3. Independent Authorities are committed to achieve their objectives and to exercise their

functions in accordance with the principles of good governance.

4. The independence of heads of Independent Authorities and that they have no partisan or

political affiliation during being in this position.

5. The executive and the legislature authorities are obligated to facilitate the work of these

bodies to ensure the achievement of their goals effectively and efficiently.

6. Independent Authorities have the right to submit a proposed draft law on their work to the

House of Representatives. The opinion of each authority or independent body is taken in the

draft laws related to their fields of work.


7. A law shall be issued to address the creation of an independent authority of which the duties

and functions and the system of work of these authorities. It shall also address selection

criteria and the operation style used there. It shall give the members the necessary

guarantees for the performance of their work to ensure their total impartiality and

independence.

8. Independent Authorities in their work are committed to the provisions of the Constitution

and laws, including laws and regulations of the Civil Service.

9. Independent Authorities are subject to the control of the Financial and Administrative

Authorities

10. Independent Authorities are committed to providing reports to the House of

Representatives including data of their activities, works, and resource management.

11. Independent Authorities are to submit their annual budgets and final accounts to the House

of Representatives after being audited by the financial auditing and control authority.

12. The officials of the authorities are elected by the legislature after the recommendation from

the committees formed from them, providing that there is equal representation of all the

political or independent blocs regulated by law.

13. Officials of Independent Authorities service are dismissed by the House of Representatives

through an absolute majority of two-thirds of the seats; or through a final court judgment

on the basis that either one of these incidents has been realized:

A. Inability to work in accordance with regulatory laws,

B. Violation of the Constitution or the law, proven financial and administrative corruption.

14. Establishment of a body or a higher council for the media to ensure financial, administrative,

and professional impartiality and autonomy and professional as to consolidate values of

democracy, freedom and human rights. The law shall regulate the formation of the

committee or the council and the conditions of filling such positions.

15. The Central Organization for Control and Auditing is an independent higher auditing

organization that aims at achieving effective control over public resources, according to the

its regulatory and auditing methodology based on international standards for Supreme

Control and Auditing Authorities as to contribute to the development of the units

performance included under its auditing and control as well as to the development of

accounting and editing professions in general.

16. Revocation of Presidential Decree concerning Law No. 6 of 1995 on prosecution procedures

for senior executives since it contravenes anti-corruption legislations in spirit and content.


17. Amendment of constitutional provisions relating to immunities for members of the House of Representatives so that the immunity granted is only a procedural formality that can be simply lifted by an investigative authority when substantive evidence of a crime exists.

18. Nullify legal restrictions or provisions relevant to given exceptions to those holding senior executive posts. It shall be reaffirmed that there is no immunity when it comes to reports by the public auditors and control agencies.

19. Control and auditing authorities shall be granted broad powers sufficient enough to give them full discretion in the performance of their functions.

20. Control and audit authorities should have the right to unhindered access to information and documents.

21. All State institutions (civilian, security, and military) as well as economic units shall be under the oversight of control and audit authorities.

22. There is a need for effective follow-up mechanisms of the recommendations

produced by the control and audit authorities. 23. The Supreme National Authority for Combating Corruption is an independent authority that

works on the promotion and consolidation of the values of transparency, integrity, good

governance, anti-corruption, bribery, and abuse of power. The committee is responsible for

the development of strategies and for monitoring the implementation thereto.

24. The Central Bank of Yemen is an independent body that manages and formulates the

monetary policy and supervises the banking sector, including the stimulation of the

economic and social development.

25. The National Commission for Women is an independent commission that participates in the

drafting of public policy, evaluating them, and ensuring that they are implemented to

support the advancement of the situation of women and their role in development. They

also ensure that public policy protects women’s rights without discrimination.

26. The Higher Council for Youth shall be established by law to ensure its role in guidance and

supervision. This should be done through its participation in drafting public policy and

supervising its implementation to ensure the protection of the youth from social and health

dangers and violence. The council should also ensure the development program, raising

skills, and supporting intellectual creativity and composing the cultural identity and the

development of clear policies and mechanisms to engage youth through this body in public

decision-making.

27. This law shall establish the National Council for Motherhood and Childhood as an

independent entity that works on protecting social principles and mores. The council also


supervises the rights of children by combating the sources of corruption and the exploitation

of children, and the neglect of the health, education, and social protection of children. It

works to make the best environment for sound social building, and the council provides

special advice for national policy and its priorities regarding the Yemeni family.

28. The law shall establish an independent high council for persons with special needs to work

on protecting the disability rights. It works toward making sure that there is no

discrimination due to the disability, the type of disability, or the gender of the disabled

person. It also ensures true equality for those with special needs in enjoying their rights and

fundamental freedoms as human beings, and making sure that those with special needs are

respected through the drafting of laws and supervision over their implementation.

29. A high national commission for human rights shall be established to work on strengthening

and protecting human rights, and supervising the extent that the rights and freedoms that

are given are followed. An agency is established; one that is financially, technically and

administratively independent and the law stipulates its work, mission, and structure.

30. Each individual has the right to live in a clean environment and the government is

responsible for protecting the environment and the diversity of life.

31. An independent agency is to be established to oversee and supervise environmental issues.

32. The State shall make necessary legislations for the protection of the environment, and these

laws and regulations should specifically include the principle of the responsibility of the

polluter, and the principle of protection before any pollution when protecting the

environment. It should also evaluate the environmental effects of any human activities, and

it should participate in creating decisions that have positive effects on the environment, and

ensure the right to get environmental justice.

33. Maritime resources are a national resource that is the responsibility of the government to

protect and develop. The government should issue legislation to prevent its pollution and

stop its exploitation.

34. The water authorities should be consolidated in one body to be solely responsible for water

resource and water usage.

35. A national strategy should be put in place for the gradual solution of the Qat problem. A law

shall be enacted to implement the strategy and address the harmful impact of Qat.

36. The State shall ensure combating and ending negative phenomena including revenge. This

should be done by taking all necessary means and solutions to eradicate vengeance.


37. The law, regulations, and justice should be administered without discrimination on all

citizens through a fair judiciary and sovereignty of the State.

38. Carrying of personal firearms and possession thereof is prohibited unless by a permit

regulated by law.

39. The State has the sole right of possession and import of weapons.

40. An independent body shall be established to realize the provisions and intents of the

Shariya’ah on revenues and utilization of the duty of Zakat.

41. An independent body shall be established for endowments to protect the endowments

properties, develop the resource and guide the utilization for charity as per instructions of

the persons making the endowments to serve the interest of society and shall work to

reacquire whatever properties have been looted.

42. A House of edicts (Ifta) shall be established to work on enactment of fatwas to elaborate and

clarify provisions and intents of the Islamic Shariya’ah. The co-opting of this House of Fatwas

to serve the interest of any political party or a specific agency is prohibited.

43. An independent standing high commission for elections and referendums shall be

established to manage, organize, supervise and monitor referendums and public elections. It

shall consist of a number of independent personalities enjoying high standards of

professionalism specified by law. Their tenure shall be one election cycle un renewable

regulated by law.

44. No groups, political parties, organizations militias or individuals should be in possession of

weapons of all types or to exercise violence that disrupts public tranquility or use it under

any justifications. The established of armed groups shall be criminalized.

45. The import or introduction of weapons into the country shall be prohibited with the one

exception for the State. Trade in such weapons is prohibited under any justification. It shall

be considered a threat to national security and social peace.

The Working Group also produced a set of recommendations included in annex (7)

While we close the Midterm Plenary of the Comprehensive National Dialogue Conference, we shall

not neglect to express our appreciation and high regards to the working groups and female and male

members for the efforts they have made to accomplish their task within such a short time if

compared to the magnitude of their responsibility given to them.


We shall not neglect to express our gratitude to the General Secretariat and all of its staff-

individuals and female and male volunteers - for their devotion to the success of the dialogue.

Appreciation is extended to all the members of the Consensus Committee for managing to reconcile

the outcomes of the different working groups and to arrive at these decisions despite its short time

in existence.

Thank you very much and best wishes for success. Peace, Mercy and Blessing of Allah be upon you.

Annex (1) Conclusions of the Southern Issue

Consensual visions of the Working Group on the Southern issue on the roots and content of the issue based on the conclusions and visions presented by the constituencies in the WG.


Introduction:

The Working Group on the Southern Issue comprising 40 members in equal representation of the South and the North in line with Para (8) of the Article (12) of the Rules of Procedures of the CNDC (50% of membership for the South and 75% of that to the Southern Peaceful Movement). During the period from April-May, the Working Group discussed the political visions on the roots and content of the Southern Issue as presented by the political and social constituencies represented in the Working Group as follows:

1. The General People’s Congress

2. The Yemeni Congregation for Reforms (Islah)

3. The Yemeni Socialist Party

4. The Unionist Popular Nasserite Organization

5. The Yemeni Al-Rachad Union Party.

6. Ansar Allah

7. The Justice and Building Party

8. The Peaceful Southern Movement

9. The National Alliance of the Peaceful Revolutionary Forces.

10. The Democratic National Alliances Parties.

11. Independent Women

12. Independent Youth

13. Civil Society Organizations

14. The President’s List.

The presenters, on behalf of the constituencies mentioned above, responded to questions and comments and clarified some concepts raised by members of the WG. All members agreed to draft conclusions from all the visions that were presented on the roots and content of the issue taking into consideration the following:

1. That the visions heard on the roots and content of the issue had addressed the issue from

different social perspectives. The visions gave a comprehensive view of the Southern issue

and absorbed the theoretical and political background which was the basis for the political

plurality existing in the country and expressed thoughts, political positions and interests.

2. In the visions on the roots corresponding information was found, specifically relevant

economic, rights and political aspects. Notwithstanding the context of such information,

since history can be interpreted from different perspectives.

3. Efforts made in the preparation of such visions contributed to the incorporation of the

knowledge and scientific dimension in political analysis of the matters related to the


Southern Issue. This dimension contributed to making such visions objective to a large

extent and to moving away from foundations that impose one dimensional vision.

4. The contrasts contained in the visions, mentioned above, were not substantial so as to

prevent narrowing of the differences. Moreover, they are very few in terms of quantity, but

are substantives in nature. This means that they can’t be bypassed or ignored without

reaching common understanding since they would impact on the nature of solutions.

5. Some shortcoming was seen in all the visions presented on the roots or those on the

content. These shortcomings are methodological if compared to what was agreed upon on

the main dimensions agreed upon to form the basis for the development of visions. Some of

those six dimensions (political, economic, historic, legal, cultural, social and geographical).

The visions ignored the geographical dimension. It must be observed that the geographical

dimension in this respect doesn’t include the natural geography only, but goes beyond that

to accommodate historical geography and political geography when addressing the issue on

the dialectic context of the geography and history around the shaping of nations.

The Political Dimension of the Roots of the Southern Issue:-

All visions presented confirmed that the declaration of unity between the two States, the Democratic People’s Republic of Yemen and the Arab Republic of Yemen on May of 1990 represented a realization of the hopes of Yemenis and crowned their long-standing struggles.

Speaking about the roots and content of the Southern Issue doesn’t necessarily mean condemnation of one political or social party or to put on trial this period or that period of history. It only means that one should benefit from the mistakes made to ensure that such mistakes are not repeated or reproduced in a different from. Exploring those roots and contents mainly aims at enabling the WG on the Southern Issue to reach a consensus on the correct diagnosis of this important pivotal issue which is distinctively national, political and just.

The 1994 war and what occurred after that, was considered by the majority of the views as the beginnings for the Southern Issue. The nullification of the political partner of the South and the downscaling of its position, location and presence in the political equation and other actions and mistakes that accompanied that were the product of the war. With these, the Southern issue started to grow and demands began to escalate making it a political, and rights issue receiving regional and international attention. However, speaking about the roots and content of the Southern Issue as merely being a political issue, must lead us to the admission that some of the signs of the suffering and the political problems can be attributed to the various forms of political conflicts seen in political life at various stages of the governance of the Southern State. Its performance, like its counterpart in the North, was characterized by totalitarianism, exclusion and non-recognition of others and lack of acceptance for one’s right to have a different view. The resulting cycles of violence, oppressions and exclusion of social segments and political forces


in addition to the policies and decisions made that forfeited the rights and properties of the citizens were the products of such performance.

The Yemeni unification was an agreement between two States which were two different

political parties in the North and the South. However, the futile and wrong practices

which occurred during the past period since the establishment of unity and the

blasphemy Fatwas (edicts) has created broad convictions amongst many of the people of

the South that the peaceful union had been undermined and that their positions within

the unity State – politically, economically, socially, culturally, militarily and security wise-

had been destroyed and struck to death.

The facts are that the war and the wrong practices and exclusions had encouraged and

instilled deep rejection of the prevailing reality. This lead to the emergence of the entire

Peaceful Popular Southern Movement on 7/7/2007. This is a popular struggle, peaceful

and comprehensive movement. It’s the carrier of the Southern Issue, especially after the

failure of the peaceful unity and its development project that was to be based on

integration and partnership for forging a better future with broader horizons for all. This

became even more relevant when remnants of the summer of 1994 war were not

addressed, including the various aspects of life, political, livelihoods and service delivery.

The Legal and Rights Dimension of the Roots and Content of the Southern Issue:

- The lack of clarity on the basis and political mechanisms which the project of unity was

based on in the merger which took place in 1990. It was hastily and hurriedly done in

unscientific manner with no clear features for the future that awaits the people of the two

States.

- Absence of actions and measures for political and economic reforms was one of the main

reasons for rushing to realize unity.

- Lack of completion of all the tasks designated for the three-year transition period according

to the declaration of unity agreement.

- The 1993 elections didn’t live up to the partnership between the South and North. The

division of electoral constituencies was based on population and not geography. The

elections were held using the first past the post system as proscribed by the constitution and

offered through a referendum.

- Following the summer of 1994 war, the unity was transformed from a partnership to a

dictatorship and the Presidential Council was cancelled. Moreover, there was a regression

from and change to the constitution of the Unity State.


- After the 1994 war, thousands of civilian employees, military and security personnel and

southern diplomats were forcibly dismissed in violation of the Unity State’s constitution.

- The privatization of public sector companies, corporations and factories which went to

benefit the powerful and left the workers (males and females) unemployed without any

dues when referred to the Civil Service Fund.

- Exclusion and marginalization in contravention of the principle of equal citizenship.

- Fall of many people between martyrs and wounded and the detention of a large number of

participants in peaceful protests and sit-ins as well as forced disappearances of some for

long periods of time. These were subjected to torture and inhuman treatment by the

security organizations in contravention of the constitution and international covenants, laws

and instruments signed by the State.

- Confiscation of rights and freedoms, restrictions of freedom of expressions (violations of the

freedom of the press and the prosecution and imprisonment of journalists and the

suspension of some newspapers on top of which Al-Ayyam newspaper).

- Reduction of the rate of admission of Southerners in the military and security academies

(war, aviation and air force, the police and other military academies).

- Detention and pursuits of political activist and activists of the Southern Peaceful Popular

Movement, suspension of the salaries (wages/pensions) of some of them arbitrarily and the

use of systemic suppression in dealing with southern peaceful protests events.

- Lack of settlements of thousands of cases of military, security and civilian personnel after

their return following the 1994 war and who continued to be deprived of some of their legal

rights.

The Economic Dimension of the Roots and Content of the Southern Issue:

1. Liquidation of most of the public sector companies and corporations under the so called

privatization scheme that laid off workers in those institutions and referred them to the Civil

Service Fund.

2. Lack of funding from the State for the development and rehabilitation of public sector

institutions. The State didn’t take sufficient guarantees from the private sector which took

over those institutions to ensure development and expansion of their activities to enable

them to keep the labor force and to create new jobs.

3. Dispensing of the State’s farms to officials and the powerful and dismissal of workers and

beneficiaries from those farms.


4. After the 1994 war, concessions were given to some of the powerful and close allies to the

regime for oil exploration

5. Awarding of most of the contracts for oil services through subtracting to oil services

companies owned by senior officials and the powerful through direct orders without offering

them for competition.

6. Imposition of royalties on the companies working in the oil sector for military commanders

under the pretext of security protection.

7. Lack of provision of a suitable environment for investment, development and operation of

the free zone in the container terminal and policies which lead to the failure of the Port of

Aden. Aggrieved concessional contracts were given, through corrupt practices, leading to

stagnation in this pivotal Port along the international navigational route depriving the

country of an important economic resource.

8. Commercial firms owned by the powerful destroyed the fish wealth by using illegal fishing

practices leading to the following harmful effects:

o Reduction of available fish stock

o A large number of fisherman stopped fishing even though fishing is their only livelihood

and that left a negative impact on their families’ living standards.

o Increased fish prices in the local market due to reduced supplies.

o Increased the food gap due to an increase in demand for fish products.

o A negative impact was felt by a large number of workers in fish processing, markets,

and transport and export companies who are dependent on conventional fishing.

9. Transformation of the International Port of Aden to a local airport, in contradiction with the

function of the city as a commercial capital.

10. Dispensing of vast areas of land in the Southern governorates, especially in the city of Aden

through the so called “investment projects” scheme, which, as time passed, proven illusive

and no project was implemented.

11. Dispensing of some of the open spaces, especially those located on the beaches and marine

resorts to some of the powerful and officials depriving the City of Aden of one of its most

important tourism elements.

12. The State’s management of a public sector and a total absence of private sector activities in

the South before unity, in turn, prevented any accumulation of capital wealth capable of

competing for investment opportunities to access the equal opportunities created by the

Unity State.


13. In the South, the State was the only employer and was creating jobs through the public

sector. That ensured the availability of basic needs of the people and the setting of prices in

par with people’s income. Following unification, the move to a market oriented economy

damaged the network of interest that the citizens in the South had been used to; especially

those provided by the State, leaving a negative impact on the livelihood of the citizens in the

Southern governorates.

14. The strong centralization, despite the passage of the decentralization law in 2000, caused

lack of allocation of appropriate resource commensurate to the mandates created by the

law for the local administrative units. In addition, lack of proper controls lead to

mismanagement creating a major burden on the citizens in the Southern governorates.

15. The spread of the culture of financial and administrative corruption, which didn’t exist in the

Southern Governorates because of the disciplined administrative system in existence before

unification, left a negative impact on the lives of citizens. New patterns of behavior of public

servants started to emerge and became wide-spread through the expansion of bribery,

nepotism and illegal incomes. These practices proliferated throughout the public service,

government and civilian institution and military and security institutions.

The Cultural and Social Dimensions of the Roots and Content of the Southern Issue:

1. Cases of exclusions, marginalization, and accusations of treason and blasphemy which

governed the conflicts between Yemenis were fundamentally rooted on the conflict over

power under justifications of differences in ideology. This was true whether following the

establishment of the two republican regimes in both parts or after unification and this lead

to deep divisions in Yemeni society.

2. Lack of capacity to accommodate social and cultural diversity causing deep-rooted national

crises.

3. Glorification of the culture of wars and rule by military force.

4. Neglect of social difference between the two States, lack of acceptance and contempt by the

victors in the 1994 war of the loser. This introduced limits to freedoms of the Southerner’s

ability on social and cultural self-expression.

5. Regression of the role of women and the eradication of all the social, cultural and political

accomplishments attained by women.

6. Concealment of facts of modern and contemporary history of the South and the belittling of

some of its symbols and leaders of its struggle. Neglect of its cultural and media heritage and


the annexation of its media and cultural institutions leading to marginalization and

harassment, an example of that is Al-Ayyam newspaper.

7. Arrogance in the part of the 1994 war victor leading to growing resentment of the

Southerners of what they perceived as a behavior of hegemony and control. At the same

time, the spread of the culture of vanity amongst Yemenis reinforced the division in the

social fabric.

8. Militarization of life in various cities of the South.

9. Looting of many antiquities, historic manuscripts, artifacts and the smuggling of the

collections of Southern Museums after the 1994 war.

10. Change of names of some of the streets, schools, residential areas, public squares, military

camps and important government facilities to new names far removed from the collective

memory of the South keeping up with the post-war phase.

11. The removal of the historic name of Aden from the name of its television station and the

moving of the television’s cultural, artistic and documentary archive. The transformation of

the media organizations in the South to subsidiary organization.

12. Revival of the tribal vengeance and regional tendencies and the dumping of weapons in the

markets allowing its proliferation. Deliberate neglect of the law caused the spread of

anarchy and the disintegration of the fabric of southern society.

13. The notable deterioration of the educational and health services that the citizens of the

South had enjoyed before unity free of charge.

14. Neglect and marginalization of the sports movement.

15. Liability caused by some of the laws that existed in the South before unification such the

nationalization law and agricultural reforms law. These laws left a negative impact on some

segments of society in the South.

Serious and responsible work by the Working Group on the Southern Issue has borne fruit in producing this consensual vision on the roots and content of the Southern Issue paving the way for the search for just solutions of the Southern Issue.


Annex (2)

The 11-Points

Presented by the Working Group on

The Southern Issue

Actions and Measures for Building Confidence and the Creation of a suitable Climate for the Southern Issue

Brother/ Chairman of the Presidium of the National Dialogue Conference

Brothers/Members of the Presidium of the Conference

We are the members of the Working Group on the Southern Issue from the various political constituencies and the Southern Hirak, Youth and Women, are requesting the creation of a suitable climate for confidence building and the creation of a sound environment to enable us to achieve the tasks entrusted to us on the theme of the Southern Issue.


This can’t be attained unless some actions and measures, we see necessary, are implemented in the ground. This view is based on the 20-points presented by the Technical Committee for the Preparation of the National Dialogue Conference and the deliberations conducted in the Plenary from the outset of the Conference, which confirmed the importance of ensuring that there are guarantees that the 20 points are implemented considering that they are the real entry point into dialogue on the Southern Issue.

On that basis, we are of the view that it’s necessary that actions are to be taken on:

1) Condemnation of any Fatwas on Blasphemy issued against people of the South in the 1994

war and the referral of those accused to the Judiciary?

2) Lifting of all signs of militarization created recently in the streets and neighborhoods of the

City of Aden and in Hadhermout and the return of military machines to their barracks.

Immediate stop to the violence, notwithstanding its source, in dealing with events for the

peaceful expression of rights.

3) Release of all political detainees of the Peaceful Southern Hirak and the nullification of all

rulings issued against the Southern leaders and symbols.

4) Reaffirmation of the need to speed up the work by the Two Commissions set up to consider

the military and civilian employees who were forcible dismissed from the jobs following the

1994 war, award them fair financial compensation and keep the public informed of all steps

and actions achieved.

5) Immediate halt to the dispensing of land in the Governorate of Aden and other Southern

Governorates.

6) Treat the martyrs and the wounded of the peaceful Southern Hirak in the same manner as

their counterparts – the martyrs and wounded of the revolution- and to speed up moving

those needing treatment abroad at the expense of the State, especially those wounded on

the 21st of February, 2013.

7) Issue urgent instructions to the Minister of Finance to pay all entitlements and

compensations to Al-Ayyam Corporation and to award it fair compensations for the financial

and moral damages caused to the Corporation to be able to make a comeback and the

release of its guards who is imprisoned in Sanaa (Ahmed Omar Obadi Al-Margash).

8) Halt all new tenders for new oil sectors in the South and in Mareb.

9) Halt all concessions to fishing companies in the Southern regional waters.


10) Reacquisition of all the leased oil facilities including the Juhaif facility to State control and

the cancellation of all monopoly contracts in the transport of oil derivatives, cancellation of

any similar contracts and a halt to the selling of public tourism institutions and building.

11) Review all actions and arrangements related to the protection of oil services companies

which contain royalties to the powerful forces.

We hope that you will take the required decisions to facilitate our work in the Southern Issue considering that it is a just political issue and key to solving all the problems in the nation, South and North.

Issued by the Working Group on the Southern Issue

3/4/2013

Introduction1. The Working Group commenced its work on April 13, 2013 when Ms. Nabilah Al-Zubair was

elected to chair the Working Group on Sa’adah. The selection of remaining members of the

Chair was delayed to a later date due to lack of consensus in the WG.

46. The activities carried out by the WG was establishment of a mini-committee comprising

representatives of all the constituencies in the WG to develop the WG’s Workplan.

A. A mini-committee was set-up from all the constituencies to prepare a detailed

Workplan. The plan was completed and adopted on April 19, 2013.


B. The implementation mechanism for the Workplan was adopted on April 20, 2013. A

mini-committee comprising all constituencies was established to collected documents,

information and to summarize the visions. The mini-committee was called the

“Document Collection and Summarization Committee”.

C. The WG issued a statement on April 22, 2013 in which it reaffirmed the need for

finalizing the preparation as adopted by the Technical Committee for the Preparation for

the CNDC as represented in the 20-points.

D. On April 22, 2013, the implementation plan for the phase on the roots of the issue was

adopted.

E. On April 25, 2013, a community participation committee was established.

F. On April 27, 2013 a committee to develop a detailed plan for field visits was established.

G. On May 2, 2013, the remaining members of the Chair were selected by the appointment

of Abdul-Hamid Huraiz, first deputy of the Chair, Khalid Al-Ghaish, second deputy of the

Chair and Waheeb Khadabish, Rapporteur.

H. On May 13, 2013 the WG decided that field visits will only within Sana’a and, only if

necessary, there will be field visits to Sa’adah.

47. The basic issue which the WG worked on was to identify the roots of the Sa’adah Issue and

to summarize all the visions presented by the constituencies. Objectives of the Working

Group

Overall Objectives:

1. Identification of the roots of the Sa’adah Issue

2. Identification of the content of the Sa’adah Issue

Detailed Objectives:

1) Adoption of the Workplan

2) Adoption of the detailed plan and implementation mechanism.

3) Collection of information and documents on the roots of the issue.

4) Collection of information and documents on the content of the issue.

5) Field visits to hear the target groups.

Decisions of the Working Group

The Working Group reached consensus on the following decisions and agreed to submit them to the Midterm Plenary for adoption by the Conference.

That the roots of the Sa’adah issue can be summarized in the following:


1. Weakness of the State and failure of its institutions.

2. Weakness of the comprehensive development

3. Foreign Interference

4. Introduction of idea affecting the historic co-existence between the main sects.

5. Playing the balancing act and crises management.

6. Lack of professionalism and neutrality of the media.

7. Sayyid Hassan Baderaddin Al-Houthi’s intellectual project and what took place after the

shouting of the (Motto and the Scream) with the authorities the detentions and failed

mediation leading to the war on June of 2004.


Annex (4)

Conclusions of the Working Group on State Building


Summary of the Perspectives of the Constituencies on the Seven Themes

Based on a foundation of objectivity, clarity, and an open exchanging of ideas on the seven themes

assigned to the State Building Working Group (Foundations and principles of the constitution), and in

accordance with the approved Workplan, the Working Group heard written statements and

presentations of views by the member constituencies in the Working Group. These presentations

showed, in a detailed manner, the various visions for the future Yemeni State. They were extremely

varied and ranged between those favoring a decentralized federal union to a unitary state with

broad local rule and powers and calls to the right to self-determination. They included contrasting

analysis of the form and structures of the existing State In line with methodology approved in the

Workplan. An atmosphere of consensus and harmony prevailed in the Group’s deliberations. The

projects proposed were only preliminary proposals and were rather flexible and dynamic, in the

sense that they can, through a context of objective and scientific discussion, be turned into

advanced drafts subject to broad consensus amongst the members and can form the basis for

drafting a new consensual constitution.

It was agreed upon that the Working Group, between the first and second plenary, would focus on

hearing and discussion of the various perspectives and to delay any decision on principles and

foundations for the constitution, which will be agreed upon, to the next session subsequent to the

second plenary. The idea is to give sufficient time for lengthy and in-depth discussion on the various

elements related to State building and to allow time for a thorough understanding of the outcomes

of the work of other relevant working groups. Conclusions on the visions and discussion of the seven

themes assigned to the working group are as follows:

- Identity of the State:

The various constituencies in the Working Group discussed the identity of the State in depth and

comprehensiveness. They presented the historical development of the Yemeni identity with respect

to religion, language and national affiliation. They pointed out that social, historical, cultural, Arabic


and Islamic identity of Yemen is an original and deep-rooted one. It was an identity that had major

interactions with the ideas produced by human civilization and was based on openness and

interaction between different cultures. Likewise, it was founded on the basis of integration,

freedom, justice, and equality. (See the list of opinions of the constituencies of the Working Group

on the State (annex number 1). It was agreed that discussions will continue. Final decision will be

postponed to the next session following the Midterm Plenary.

State Structures:

a reading of the various and diverse visions in this context, showed that the desired form of the

State is one that is able to meet the social, economic, and political needs of communities, and is

based on justice and equal citizenship and can be attained through a democratic decentralized State.

There were contrasting views and diverse discussions around the form of the State ranging from the

decentralized federal State to the decentralized unitary state. More focus was given to the

democratic structures of such a state (See the list of opinions of the constituencies of the Working

Group on the State (annex number 1). It was agreed that discussions will continue. Final decision will

be postponed to the next session following the Midterm Plenary.

System of Government in the State:

The diverse visions contained, in great details, the preferences of the various systems of

governments ranging from a parliamentary republican system to presidential and mixed systems.

More focus was given to the extent of democracy contained in any one of the systems. They all

confirmed demands for the principles of separation of powers, rule of law and guarantees to ensure

that they would be no slippage into an undemocratic system (see the matrix of visions of the various

constituencies of the State Building Working Group Annex 1). It was agreed that discussions will

continue. Final decision will be postponed to the next session following the Midterm Plenary.

Electoral System:

In an evaluation of previous electoral experiences in the Republic of Yemen, the diverse visions

focused on the negative aspects of such experiences which attempted to reach a more democratic

electoral system; one which is more responsive system and capable of meeting the ambitions for

broader participation of the various segments and spectrums of the Yemeni society and can

guarantee prevention of monopoly of the legislature by those with influence and in a manner that

can undermine the legislature as a real expression of the needs of society, ambitions and diversity.


For that purpose, the visions included proposals for the most appropriate electoral systems for

Yemen. They considered the characteristics of the Yemeni social, political and geographical

structures. These ranged from the proportional lists system to mixed electoral systems. (See the list

of opinions of the constituencies of the Working Group on the State (annex number 1). It was agreed

that discussions will continue. Final decision will be postponed to the next session following the

Midterm Plenary.

Administrative System:

The various visions discussed the need to have administrative and fiscal decentralization to achieve

development and increase the level of local participation within an integrated administrative system

that complements the center. They indicated the need that the administrative structures should be

removed from partisan influence or influence by any one group and maintain independence. Such a

system would be subject to regulatory legislations and should be based on transparency, integrity,

efficiency and job rotation. They also indicated that there should be an effective, independent

community-based anti corruption mechanism and that the Audit and Control Organization be under

the oversight of the Parliament. (See the list of opinions of the constituencies of the Working Group

on the State (annex number 1). It was agreed that discussions will continue. Final decision will be


Legislative Authority:

Preferences for a system for the legislative Authority were also discussed focusing on a two-chamber

legislature with separation of functions of each chamber, links between the combined functions of

the two chambers to other State structures and whether the State would be a federal union or a

unitary State. The need for independence of the legislative authority was confirmed stressing that

controls should be in place to ensure prevention of dominance of the executive authority over the

legislature. There was confirmation that the legislative authority should fully discharge its control

and monitoring role in accordance with the law. (See the list of opinions of the constituencies of the

Working Group on the State (annex number 1). It was agreed that discussions will continue. Final

decision will be postponed to the next session following the Midterm Plenary.

Judicial Authority:

The various visions underlined the significance of the judicial authority positions within the political

system of the State. They also underlined the need to confirm independence of the judiciary and the

links of its structures to the structures of the future State (multi-tiers or unitary). At the same time,


there is a stressed on the need to establish multi-tier judiciary with a focus on the need to establish a

high constitutional court, independence administrative judiciary and all within a legal and

democratic electoral framework. This is to ensure supremacy of the rule of law and to protection of

human rights and freedoms. (See the list of opinions of the constituencies of the Working Group on

the State (annex number 1). It was agreed that discussions will continue. Final decision will be



Annex (5)

Recommendations of the Working Group on the Army and

Security


Recommendations by the Working Group on the Army and Security1. Provide the necessary funds for the implementation of outputs of restructuring and to

address the issues and gaps which took place in the past, top of which the reinstatement of

those forcibly dismissed and forced to retired and to give them fair compensations, support

to the Social Welfare Fund of the Armed and Security Forces and orders for redeployment

and relocation of military units in line with the new Operations theater.

48. Accelerate implementation of the 20-points developed by the National Dialogue Technical

Committee and confirmed by the Communiqué issued by the First Plenary of the National

Dialogue Conference.

49. Reinstatement of all Southern retirees, the excluded and those who didn’t continue their

service forcibly as a result of the 1994 war to their jobs and to grant them all their

entitlements such as ranks, settlements and compensation for the past. The wages and

salaries strategy should be applied in their cases including the five-figure holders who were

ordered to be reinstated in 1990 but weren’t implemented despite the establishment of two

commissions one in 2006 and the second in 2007.

50. Reinstatement of those who were forced to retire or removed from services in the Northern

Governorates; on top of whom were those affected by the wars in Sa’adah and the 1994

war. All their entitlements and rights shall be granted to them in line with those granted to

their counterparts. The period spent in retirement or off services shall be accounted for

while applying the salaries and wages strategy to their cases.

51. The restructuring committee shall seriously consider the tasks entrusted to it and shall

ensure that past mistakes are not repeated in any manner or form.

52. Approval of bonuses and risk allowances for personnel working in remote areas.

53. Graduates from military and security academies shall, immediately after graduation, be

deployed to serve in the military and security field units for a period no less than 4 years.

After that, they can be transferred to other units according to needs.

54. Application of the rotation system to all commanders of the armed and security forces. The

application should start with current commanders to achieve the criteria of seniority,

competence and qualifications, as well as national representation avoiding other

consideration such as kinship, interests, nepotism, cronyism and activation of the retirement

scheme according to the law.


55. Control and regulation of the financial expenditures and disbursements as to be in

accordance with the law and specific budget and its provisions and procedures. The finance

shall be independent from the control of military and security leaders. Reduction of

meaningless expenditure and disbursements made under the allegations and justifications of

bonuses.

56. Accord full care to children and families of martyrs of the armed and security forces as well

as the wounded and disabled war veterans to take care of their financial, education, and

health situations.

57. Action to reestablish trust between the people and the military, security, and intelligence

services.

58. The intelligence service shall practices good governance and principles. The intelligence

organization interference in the work of government, security and military institutions shall

be strictly prohibited. Their staff should be protected from any behavior that may lead to

their recruitment by others by ensuring that their income is sufficient for a decent life.

59. All forms of foreign intervention such as drone attacks must be stopped.

60. Terrorism is a global scourge that must countered in cooperation with the international

community in a manner that does not undermine national sovereignty, but rather focuses

on cooperation in the training and rehabilitation of the Yemeni anti- terrorism security and

military services through development and armament to improve their combat capabilities

and avoid direct intervention.

61. Development of legal rules to unify the command, control, and guidance center in the

security and police institutions and the prohibition of discrimination in duties and rights. The

MIS system should be completed together with the installation of an automated system,

connection of hotlines and the provision of necessary equipment.

62. Education and awareness programs should be legally regulated in the security and police

organization to remove the impact of wrong mobilization by the conflicting political parties

in the past. Values of national loyalty, tolerance and reconciliation should be promoted

together with a specific policy based on national loyalty, rule of law, service to the nation

and professional development based on the criteria of qualification and professionalism.

Security organizations and staff should be subject to legislative oversight to enhance

national unity.

63. Recommendations on Civil Defense:


Adoption and implementation of the General Plan for disasters management and provision

of requirements to fulfill the shortfall in this regard

Completion and implementation of operations and sirens project.

Establishment of offices in the governorates where there are no premises and provision of

firefighting equipment for these premises.

Completion of the legal structure and appointment.

Provision of diving suits and protective uniforms for personnel.

64. Recommendations on the Criminal Investigation Department:

Development of the organizational structure for the functions of the Directorate General of

Criminal Investigation and its branches in the governorates.

Establishment of branches in districts where there are no branches.

Creation of information network linking the Directorate with the branches in the

governorates and provide a sufficient number of personnel in these branches.

Rehabilitation of buildings and provision of technical capabilities.

Appointment of the right person in the right place

Strengthen the Anti-drug Unit, creating controls in the land and sea borders, and fill the

shortage of resources.

65. Recommendations on Civil Status:

Establishment of branches of the Civil Status Authority in the governorates, provision of

requirements, supplies and necessary funds needed to manage the activities to improve the

and facilitation of the service to the people.

66. Recommendations on the Prisons Authority:

Provision of sufficient budgets to meet the operational need and for food, and medications.

Separation of prisoners on the basis of nature of the crime and age.

Provision of full care for juveniles and a special detention facility to accommodate the large

number of women.

Resolve the situation of prisoners who have served their sentences and remain in prison.

Completion of the organizational structure of the prisons authority and the special law.

Study and determine to whom oversight over the authority should go, either the Ministry of

Justice or the Cabinet. Successful experience in other countries should be taken into

consideration in this respect.


Security of prisons should be the responsibility of the prison authority alone and presence of

all other units shall end.

Strict measures should be taken to prevent smuggling of drugs and weapons into prisons

and punitive actions should be taken against violators.

67.Recommendations on the Coast Guards Authority

Provide adequate allocations for steering activities in general.

Establishment of infrastructure and maintenance workshops in areas where there is no

infrastructure, especially the eastern region of the coast.

Provision of sufficient personnel according to the needs of the overall activity.

Fill the shortage of staffing to meet the need of operations in general.

Approval of the organizational structure of the Authority and complete appointments to

posts specified in the structure on the basis of qualifications.

Merge the Border Guards in the Ministry of Defense to the Ministry of Interior. The

responsibility for border control should be transferred to the Ministry of Interior

represented in the Coast Guards to ensure an end to overlaps and conflict over jurisdictions

and duties.

68. Recommendations on the Passport and Immigration Authority

Resolve the deficit in the budget of the Authority.

Approval of the organizational structure of the Authority for implementation.

Act to create shelter for refugees from the Horn of Africa and establish control over their

stay.

69. Recommendations on the Traffic Police and Road Safety.

The traffic police and road Safety forces should be restructured along national lines. The

regional character in the structures of these forces should end. Deployment of these forces

in areas and governorates should be needs-based.

Provision of the necessary requirements for vehicles and means of communication.

Provision of a sufficient budget for managing operations.

Develop links between the governorates.

70. Recommendations on the Special Security Forces:

Provision of sufficient resources for operations.

Provision of communication, reporting, and guidance systems.

Re-deployment and re-distribution of forces along national and scientific lines to meet the

needs of the governorates and the regions.


71. Recommendations on improving the standard of living and medical services for

personnel

Development of a wage and salaries structure to ensure an improved monthly income for

individuals and payment of bonuses in arrears to personnel such as transportation and risks

allowances. Adequate food, housing and health should be provided to all personnel.

Provide health insurance for the staff of the ministry and their families.

Provision of therapeutic services in hospitals of the ministry.

Provision of sufficient funds to run the hospitals.

Review of the salaries determination process for employees in the Investigation, criminal

evidence, and the Counter-Crime Departments to provide for similar salary scale as those

given to the staff of the prosecution.

Reinstatement of all military and security personnel removed following the 2011 events.

Martyrs, the deceased, wounded and the ill should be treated the same way as those in the

service in terms of their ranks, entitlements, adjustments and improvements of their

situation.

Periods of exclusion or retirements or removal from the services should not be counted in

the calculation of the retirement criteria.

Return of the military numbers given to new recruits in replacement for those excluded, and

calculate the period of exclusion for the purpose of promotion and other benefits. That

period shall not be calculated from the retirement eligibility period. For the new recruits,

they should be given new numbers with consideration for the periods they served.

Absorption of the returnees in their original military units, brigades and forces in

appropriate commander positions based on their qualifications, services, and positions they

held in the past.

No decision for referral of personnel to retirement shall be taken unless backed by an

explicit legal legislation that stipulates the period of retirement, benefits and financial

entitlements in a fair manner.

Legislations shall guarantee decent lives for retirees and a sufficient end of service payment

to provide them for a decent living. Laws and regulations of military and security services

and their salaries, wages, and pensions should be reconsidered to guarantee non-recurrence

of what happened after the 1994 war.

The decision to merge the Pension Fund of the Political security to the Ministry of Interior

should be cancelled so that each entity would be responsible for its own personnel.


Review of all the recent appointments in the Military and Security Forces to determine their

conformity to the national and professional foundations.


Annex (6)

Recommendations of the Working Group on Transitional Justice

Recommendations of the Working Group on Transitional Justice:-

1. Quick action to name members of the independent Inquiry Commission to investigate

human rights violations in 2011 in accordance with recommendations of the Human Rights

Council and Republican Decree No. 140 for 2012.


72. Adoption by the government enactment of a law to establish an independent body to deal

with issues of displacement, emergencies and disasters caused by any reason. This body

should be given all human and material resources, equipment, and technical resources

required. This may include building of appropriate camps for shelter in accordance with

international standards, in a manner that ensures building a capacity to deal with these

phenomena and their impacts.

73. The government should accelerate action for the reconstruction of areas and buildings, both

public and private, affected by the armed conflicts in Sa’adah, Abyan and Hajjah. Moreover,

reparations for the damages to property, treatment for the injured, and compensation for

the families of the victims should be given. The government should also provide a decent life

to cover their health, education, and social needs in areas of the displacement.

74. There is a need for reconsideration of the provisions of the law on senior state positions to

ensure that they are subject o accountability, rule of the law and under the mandate of

control agencies.

75. The special Judicial Commission for addressing land issues and the Commission on the

forcibly dismissed personnel in the Southern Governorates should accelerate the

accomplishment of their tasks on recovering land and properties (both private and public)

and reinstate those forcibly dismissed to their jobs under the relevant Presidential Decree.

76. The State should ensure the embedding of the principles of social justice in national

legislations.

77. The criminalization of blasphemy and accusations of treasons in general, especially in rights

and political activism.

78. Reaffirmations that issues of land and public funds looted do not fall under the statute of

limitations.

79. Adoption and response to the demands and legitimate objectives of the Youth for Peaceful

Change, and the Peaceful Southern Movement (Hirak).

80. Resettlement of the status of civilian and military personnel who were excluded from their

jobs due to the 2011 events.

81. Establishment of a national government commission to address the situations of the families

of martyrs and to provide treatment for those injured in the 2011 and 2007 events

regardless of their political orientation or affiliation.

82.All constituencies represented in the Working Group on Transitional Justice recommend the recognition of the Southern Issue as a political and human rights issue.


Annex (7)

Recommendations of the Working Group on Independent Institutions


Recommendations on Regulatory Legislations:-

1. Revocation of Presidential Decree concerning Law No. 6 of 1995 on prosecution procedures for senior executives since it contravenes anti-corruption legislations in spirit and content.

2. Amendment of constitutional provisions relating to immunities for members of the House of Representatives so that the immunity granted is only a procedural formality that can be simply lifted by an investigative authority when substantive evidence of a crime exists.

3. Nullify legal restrictions or provisions relevant to given exceptions to those holding senior executive posts. It shall be reaffirmed that there is no immunity when it comes to reports by the public auditors and control agencies.


4. Control and auditing authorities shall be granted broad powers sufficient enough to give them full discretion in the performance of their functions.

5. Control and audit authorities should have the right to unhindered access to information and documents.

6. All State institutions (civilian, security, and military) as well as economic units shall be under the oversight of control and audit authorities.

7. There is a need for effective follow-up mechanisms of the recommendations produced by

the control and audit authorities.

Documents

Introductionndc.ye/ndcdoc/NDC_EN_Mid-Term Report.docx · Web viewtechnology, including the introduction of a functional fingerprint scheme in the military and security forces. Speedy