Constitution of Yemen

The Constitution of Yemen was ratified by popular referendum on 16 May 1991.[http://lcweb2.loc.gov/frd/cs/profiles/Yemen.pdf Country profile: Yemen]. Library of Congress Federal Research Division (August 2008). {{PD-notice}} It defines the republic as an independent and sovereign Arab and Islamic country and establishes sharia, or Islamic law, as the basis of all laws. In February 2001, several amendments were passed by national referendum extending the presidential term to seven years and the parliamentary term to six years and increasing the size and authority of the Shura Council.

Due to the 2011–2012 Yemeni revolution, President Abd Rabbuh Mansur Al-Hadi was expected to draft a new constitution from 2012 to 2014.Al-Haj, Ahmed. [https://web.archive.org/web/20110312015359/http://www.msnbc.msn.com/id/42003348/ns/world_news/ Yemen leader proposes drawing up new constitution]. Associated Press. 10 March 2011. In January 2015, a committee had drafted a new constitution; however, both the GPC and Houthi members of the National Authority for Monitoring the Implementation of NDC Outcomes have refused to vote on this draft.{{Cite web |url=http://www.yementimes.com/en/1852/news/4814/Houthis-and-GPC-refuse-to-vote-on-constitution.htm |title=Yemen Times [ Offline ] |access-date=2015-01-21 |archive-url=https://web.archive.org/web/20180708075349/http://www.yementimes.com/en/1852/news/4814/Houthis-and-GPC-refuse-to-vote-on-constitution.htm |archive-date=2018-07-08 |url-status=dead }} This will most likely delay a planned referendum on the new constitution, and therefore the next presidential and parliamentary elections, which have been delayed until the referendum can go ahead.{{Cite web |url=http://www.mcclatchydc.com/2014/01/21/215244/yemens-national-dialogue-ends.html |title=SANAA, Yemen: Yemen's 'national dialogue' ends in violence, no election scheduled | Middle East | McClatchy DC |access-date=2015-01-21 |archive-url=https://web.archive.org/web/20150121174740/http://www.mcclatchydc.com/2014/01/21/215244/yemens-national-dialogue-ends.html |archive-date=2015-01-21 |url-status=dead }}

Overview

_{The most current form of the Constitution of Yemen is the version amended in February 2001.} _{This is an overview of the most current Constitution posted by the United Nations.}

= Basic Fundamentals of the State =

The Republic of Yemen is an independent sovereign state.The Constitution of the Republic of Yemen, Article 1
The Republic of Yemen's official language is Arabic and its religion is Islam.The Constitution of the Republic of Yemen, Article 2
Islamic Shari’ah is the source of all legislation.The Constitution of the Republic of Yemen, Article 3
The Republic of Yemen will set clear rules and regulations on the formations of political parties.The Constitution of the Republic of Yemen, Article 5
Misuse of Government post of public fund in the interest of a particular party not allowed.
The National Economy is based on freedom of economic activity, promoting Islamic social justice, lawful economic competition and protection of private ownership.The Constitution of the Republic of Yemen, Article 7
The State controls all natural resources.The Constitution of the Republic of Yemen, Article 8
The State promotes Free Trade and guarantees protection for both consumers and producers.The Constitution of the Republic of Yemen, Article 10
The State regulates all currency (*Article 11) and taxes are to be assessed through public interest.The Constitution of the Republic of Yemen, Article 12
General confiscation of property is prohibited, private confiscation is not allowed without a legal judgment.The Constitution of the Republic of Yemen, Article 20
The state shall collect the Zakat (Shari’ah tax) and shall spend it through its legal channels in accordance with law.The Constitution of the Republic of Yemen, Article 21
The right of inheritance is guaranteed in accordance with Islamic tenets (Shari’ah). A special law will be issued accordingly.The Constitution of the Republic of Yemen, Article 23
The law shall maintain the integrity of the family and strengthen its ties.The Constitution of the Republic of Yemen, Article 26
Public office is a duty and an honor. Persons in public office are to serve the public interest and the people. The law shall specify the terms of public service and the duties and rights of persons in public office.The Constitution of the Republic of Yemen, Article 28
The police is a civilian and Regular force which performs its duties for the service of the people and guarantees peace and security for the people.The Constitution of the Republic of Yemen, Article 39
Military, security, police and other forces shall not be employed in the interest of a party, an individual or group. They shall be safeguarded against all forms of differentiation resulting from party affiliation, racism, factionalism, regionalism and tribalism in order to guarantee their neutrality and the fulfillment of their duties in the proper manner. The members of all forces are banned from party memberships and activities according to the law.The Constitution of the Republic of Yemen, Article 40

= Rights and Duties of a Citizen =

The Constitution of The Republic of Yemen defines a number of duties and rights belonging to citizens of Yemen. The right to education, health, social services,The Constitution of the Republic of Yemen, Article 32 freedom of speech and expression,The Constitution of the Republic of Yemen, Article 42 prohibition of unreasonable search and seizure,The Constitution of the Republic of Yemen, Article 48(b) right to an attorney, prohibition of cruel and unusual punishments, right to due process,The Constitution of the Republic of Yemen, Article 49 right to petition the government,The Constitution of the Republic of Yemen, Article 50 freedom of movement,The Constitution of the Republic of Yemen, Article 57 right to assembly.The Constitution of the Republic of Yemen, Article 58 Women were defined as “sisters of men”, receiving rights and unique protections outlined by stipulated law and Shari’ah.The Constitution of the Republic of Yemen, Article 31

= The Federal Government =

The Federal Government is divided up between The House of Representatives, The Consultative Council, The President of the Republic and The Council of Ministers. The Constitution also defines a separate Judicial System.

= The House of Representatives =

Main Article: House of Representatives (Yemen)

The House of Representatives is the main body of Legislative authority in the Republic of Yemen. According to the Constitution, the House of Representatives consists of 301 members elected in a secret, free and equal vote directly by the people.The Constitution of the Republic of Yemen, Article 63 These 301 members will be voted on by regions labeled as constituencies. The Constitution states that these constituencies shall be equal in number of populations with a variation of not more than 5% plus or minus and that each constituency shall elect a member to the House of Representatives. The standard term for a member of the House of Representatives is 6 years.The Constitution of the Republic of Yemen, Article 68 The House of Representatives internally elects a Speaker of the House alongside three deputies forming the Presiding Board of the House.

= The Consultative Council =

Main Article: Shura Council

The Consultative Council consists of (111) members to be directly appointed by the President of the Republic. Members of the Council shall not be drawn from the House of Representatives or from local councils.The Constitution of the Republic of Yemen, Article 126 The Consultative Council performs advisory service to the President. Duties of the Council consist of:

Holding joint sessions in conjunction with the House of Representatives to second nominations for the office of the President of the Republic, approve socio-economic development plans and ratify agreements and treaties of defense, alliance, conciliation, peace and border concerns.The Constitution of the Republic of Yemen, Article 125(5)
Members of the Consultative Council shall have the right to offer counseling and present informed opinion on matters forwarded by the President to the joint sessions.
Assess the government's economic, financial, fiscal and investment policies and programs on an annual basis.The Constitution of the Republic of Yemen, Article 125(8)
Review periodic reports issued by the Audit and Control Bureau and forward a summary report of these to the President of the Republic.The Constitution of the Republic of Yemen, Article 125(9)

= The President of the Republic =

Main Article: President of Yemen

The President of the Republic of Yemen is a part of the Executive branch of the Yemeni government. Presidential Candidates must be at least 40 years of age, native to Yemen, clear of criminal record and not married to any foreigners.The Constitution of the Republic of Yemen, Article 107 The President of the Republic shall be by means of direct popular voting in competitive elections.The Constitution of the Republic of Yemen, Article 108(e) The President shall appoint a Vice President granted that they fit the same qualifications as a Presidential Candidate. The President acts as the Supreme Commander of the Armed Forces.The Constitution of the Republic of Yemen, Article 111 Presidential terms span over 7 years with no president being allowed to serve more than two terms.The Constitution of the Republic of Yemen, Article 112 The direct responsibilities of the President are defined in the Constitution as such:

To represent the Republic internally and externally.The Constitution of the Republic of Yemen, Article 119(1)
To call the voters, at the specified time, to elect the House of Representatives.The Constitution of the Republic of Yemen, Article 119(2)
To call for national referenda.The Constitution of the Republic of Yemen, Article 119(3)
To name the person who will form the government, and to issue a republican decree with the names of the cabinet members.The Constitution of the Republic of Yemen, Article 119(4)
To lay down, jointly with the government, the general policy of the state and to oversee the implementation of the policy as stipulated in the Constitution.The Constitution of the Republic of Yemen, Article 119(5)
To call the cabinet to a joint meeting with the President, as the need arises.The Constitution of the Republic of Yemen, Article 119(6)
To name the members of the National Defense Council according to the law.The Constitution of the Republic of Yemen, Article 119(7)
To promulgate the laws passed by the House of Representatives and their publication, and to issue the decrees that execute them.The Constitution of the Republic of Yemen, Article 119(8)
To appoint and dismiss senior government officials and military/police officers according to the law.The Constitution of the Republic of Yemen, Article 119(9)
To establish military ranks according to the law.The Constitution of the Republic of Yemen, Article 119(10)
To award badges, medals and decorations stipulated by Law, or to permit the wearing of badges and honours awarded by other States.The Constitution of the Republic of Yemen, Article 119(11)
To issue decrees endorsing Treaties and Conventions approved by the House of Representatives.The Constitution of the Republic of Yemen, Article 119(12)
To ratify agreements that do not require the approval of the House of Representatives if approved by the cabinet.The Constitution of the Republic of Yemen, Article 119(13)
To establish diplomatic delegations abroad and to appoint and recall ambassadors according to the Law.The Constitution of the Republic of Yemen, Article 119(14)
To accredit diplomatic representatives of foreign countries and organizations.The Constitution of the Republic of Yemen, Article 119(15)
To grant political asylum.The Constitution of the Republic of Yemen, Article 119(16)
To proclaim states of emergency and general mobilization according to the Law.The Constitution of the Republic of Yemen, Article 119(17)
Any other functions stipulated in the Constitution and Law.The Constitution of the Republic of Yemen, Article 119(18)

= The Council of Ministers =

The Council of Ministers is the highest authority of the state under the Constitution.The Constitution of the Republic of Yemen, Article 129 The Council of Ministers consists of the Prime Minister and their selected cabinet in consultation with the President.The Constitution of the Republic of Yemen, Article 132 The Council of Ministers is responsible for the execution of overall state policies in the political, economic, social, cultural, and defense fields, according to the Laws and cabinet's resolutions.The Constitution of the Republic of Yemen, Article 137 Each minister is in charge of the supervision and direction of his ministry and its branches throughout the Republic.The Constitution of the Republic of Yemen, Article 144

= Local Government =

As defined by the Constitution, the land of The Republic of Yemen was to be split and segmented into different administrative sections.The Constitution of the Republic of Yemen, Article 145 It further defines the power of local government by declaring it inseparable from the state, having governors directly under the authority of the President and the Council of Ministers.The Constitution of the Republic of Yemen, Article 147

= Judicial System =

The Judicial System as described in the Constitution is an autonomous authority subject only to the law.The Constitution of the Republic of Yemen, Article 149 The Supreme Court of the Republic is the highest judicial authority.The Constitution of the Republic of Yemen, Article 153 The Supreme Court of the Republic also acts as the highest appellate court and can dispute jurisdiction.The Constitution of the Republic of Yemen, Article 153(b)(d) The Supreme Court also holds the power to the investigate and prosecute the President of the Republic, the Vice President and the Council of Ministers.The Constitution of the Republic of Yemen, Article 153(c)(e)

References

External links

[http://www.servat.unibe.ch/icl/ym00000_.html Initial text of the 1991 constitution]
[https://web.archive.org/web/20080228224120/http://www.al-bab.com/yemen/gov/con94.htm Text of the Constitution after 1994 amendments]
[http://www.constitutionnet.org/sites/default/files/2001_constitution_of_the_republic_of_yemen.pdf Text after the 2001 amendments]
{{cite web |title=مجلس النواب اليمني |url=https://yemenparliament.gov.ye/Categories?Cat=35 |website=yemenparliament.gov.ye}}
“The Constitution of Yemen (Current) | Peacemaker.” United Nations. Accessed April 8, 2025. https://peacemaker.un.org/en/documents/constitution-yemen-current

Category:Law of Yemen

Yemen