UNDP United Nations Development Programme ÈÑäÇãÌ ÇáÃãã ÇáãÊÍÏÉ ÇáÅäãÇÆí
Programme on Governance in the Arab Region ÈÑäÇãÌ ÅÏÇÑÉ ÇáÍßã Ýí ÇáÏæá ÇáÚÑÈíÉ POGAR
Publications: Legislature
- Executive Summary
- Introduction
- The Egyptian Case
  - The Government’s and Parliament’s Role in the Legislative Process
  - The Parliament’s Legislative Activity during the Sixth Legislative Phase (1990-1995)
  - The Parliament’s Legislative Activity in the Seventh Legislative Phase (1995-2000)
  - Evaluating the Parliament’s Legislative Performance during the Study’s Duration
- The Lebanese Case
  - The Legislative Power’s Composition
  - Assessment of the Lebanese Parliament’s Legislative Performance
- The Kuwaiti Case
  - An Overview of the Relationship between Powers in the Kuwaiti Constitution
  - The Parliament’s Situation in the Kuwaiti Political System
  - The Decree on Women’s Political Rights as Part of The Political Struggle between the Parliament and the Government
- The Moroccan Case
  - The First Parliamentary Experience (1963-1965)
  - The Legislative Yield of the Third and Fourth Parliamentary Sessions (1977-1984), (1984-1992)
  - The Field and Limits of the Moroccan Parliament’s Jurisdictions
- The Yemeni Case
  - The Nature of the Regime or the Political System in the Yemeni Republic
  - The First Parliamentary Council after Unification
  - The Second Council (1993-1997)
  - The 1997 Parliament
- Conclusion
- Notes
Legislative Functions of the Arab Parliaments: Comparative Study
by Dr. Azza Wehbe

The Yemeni Case:
The First Parliamentary Council after Unification

In May 1990, the Yemeni republic was declared, and the draft constitution had included the foundations and principles related to the formation of the legislative power elected by citizens. Yet considering the circumstances that called for speed in declaring the Yemeni Republic’s founding at that date before the plebiscite on the draft constitution. Political leadership has focused on the necessity of the existence of a legislative power during the transitional period to avoid giving the legislative power’s full authorities to any executive power, as is adhered to usually in most countries undergoing a transitional period, and to avoid any constitutional gap that might occur as a result of the unavailability of a legislative power. The Declaration of the Yemeni Republic Agreement and regulating during the transitional period the procedures related to the parliament’s formation during the transitional period. Article 3 of the Agreement stipulated the following:
“The transitional period is specified as two years and 6 months starting from the date of implementation of this agreement, and the parliament consists during this period of all Advisory Council and Higher People’s Council the members in addition to 31 members on whom a decree is issued by the Presidency Council, and the parliament practices all the privileges stipulated in the constitution except the “election of the Presidency Council and amending the constitution”, and in the case of the vacancy of any seat (of any parliament member) for any reason, it is filled via assignment by the Presidency Council .

Based on that, and as the Agreement stipulates, a parliament for the transitional period was formed from the two previous parliaments of the two countries (159 members from the north are the advisory council members, and 111 members from the south are members of the Higher People’s Council.

This is in addition to 31 members assigned by the Presidency Council. This council represented the first legislative power for unified Yemen (the Yemeni Republic). The council held its first meetings on 26/5/1990 in light of the Presidency Council’s decree No. 2 issued on 22/5/1990 at the invitation of the council to assemble on the morning of the first Saturday of year 1410 of the Islamic calendar (26/5/1990) .

Regarding the Parliament’s Jurisdictions and Functions
Article 7 of the Republic Agreement stipulated that the parliament practice all the privileges and functions stated in the draft constitution of the Yemeni Republic except for the election of the Presidency Council and amending the constitution. This parliament’s most important legislative privileges and functions consist in the following:
- Proposing draft laws and proposing amending them.
-Approving draft laws referred from the government or amending or rejecting them .

The Parliament’s Legislative Performance
The parliament aimed during the transitional period to begin legislation for the unified country, whereby it began discussing and approving a number of draft laws. The parliament launched its legislative work from the onset because the previous divided legislations became immediately ineffective with the declaration of the unification of the Yemeni government . The parliament achieved a number of legislations that regulate political and social life in Yemen. It also ratified a number of different international and bi-lateral agreements, studied a number of economic, social, and other topics, and conducted a number of diverse activities .

Even though the parliament in actuality (consisting of two immediately merged councils following unification) was unable to achieve all that it was entrusted to perform in terms of functions in enacting regulatory laws for the unified government, and even the overwhelming majority of laws that were enacted and promulgated were minor. This can be attributed to many reasons that can be expressed in two main ones :

The first reason: The two merged councils (and which formed one single council were not elected in a truly democratic way, though they were characterized by the appearance of democracy, which reflected negatively on most of the council’s activities and decisions .

The second reason: That political conflicts and political competitiveness and difficulties that accompanied the councils’ merger or those difficulties that emerged at the time on more than one level detracted from the parliament’s effort much, if not all, its time. As such, it is possible to say that the distinctiveness of the conflict in making and regulating of many regulatory laws of the unified government between the coalition partners, the severity of the Reform Party in many cases regarding regulations and laws (the most prominent of which were merging and unifying educational curricula and merging armed forces on a national basis) made the parliament forfeit any effectiveness that could have anchored the primary and basic pillars for the regulations and laws of a unified country .

In addition, the education law for example met with much opposition from the Yemeni Reform Group, one of the country’s main political forces, which viewed the law as conflicting with Islamic faith. The main issue of conflict among parliament members was Article 15 of the draft law on public education, which calls for merging all educational stages, unifying education in the entire republic, and eliminating the scientific institutes supervised by the Yemeni Reform Group .

In general, on the level of the parliament’s legislative performance, the parliament discussed and approved a number of laws. Among these are the following:

  • Law no. 1 of 1990 regarding national education in the Yemeni Republic.
  • Law no. 2 of 1990 regarding the Yemeni Republic’s motto and official seal.
  • Law no. 3 of 1990 regarding the Yemeni Republic’s national anthem.
  • Law no. 5 of 1990 regarding the issuing of the parliament’s by-laws.
  • Law no. 6 of 1990 regarding Yemeni nationality.
  • Law no. 22 of 1990 regarding mandatory national defense service.
  • Law no. 25 of 1990 regarding press and publications..
  • Law no. 25 of 1990 regarding press and publications.
  • Law no. 1 of 1991 regarding the judicial power.
  • Law no. 2 of 1991 regarding the diplomatic and consular corps.
  • Law no. 19 of 1991 regarding civil service.
  • Law no. 66 of 1991 regarding parties and political organizations.
  • Law no. 67 of 1991 regarding services in armed forces and security.
  • Law no. 70 of 1991 regarding taxes on produce, consumption, and services.
  • Law no. 1 of 1992 regarding foreign trade.
  • Law no. 40 of 1992 regarding regulating the ownership and trade of firearms and ammunition.
  • Law no. 41 of 1992 regarding public elections.
  • Law no. 3 of 1993 regarding illegal trade and use of drugs and mind-altering substances.
  • Law no. 4 of 1993 regarding free trade areas.

The parliament approved two presidential decretal laws. One of them was the presidential decretal law no. 23 of 1991 regarding civil status and civil record .

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