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Publications: Legislature
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by Dr. Azza Wehbe The Yemeni Case: The Second Council (1993-1997) The specified transitional period was mentioned in the Declaration of the Yemeni Republic Agreement as two and a half year in order to accommodate the process of preparation process of arranging the status of government institutions, appealing for the constitution, and holding parliamentary elections. In accordance with the provisions of paragraph C of Article 7 of the Declaration of the Yemeni Government Agreement, the Presidency Council, based on the request of the transitional parliament, proposed a draft constitution to a plebiscite on 15 and 16 May 1991. The Presidency Council’s decree No. 4 of 1992 was issued. It assigned the members of the Higher Elections Council, formed of 17 members representing different prominent political parties on the Yemeni arena. The formation of the Higher Elections Council in this manner is considered an advanced step in the course of democratic work and a strong guarantee of the neutrality and integrity of supervision on the progress of the election process procedures. The committee since its founding began implementing the functions assigned to it in light of the provisions of the constitution and the electoral law. Among the most prominent of these functions was dividing the republic intro 301 constituencies, recording the names of voters in public election list, and distributing the elections card. The committee realized that the remaining time from transitional period is insufficient to complete the functions of preparation and to implement the parliamentary election work. The committee submitted a report to the Presidency Council . An expanded consultation meeting was held. It included the Presidency Council, the Presidency Association of the parliament, the Prime Minister, his delegates, and party and political organization leaders. The meeting affirmed the necessity of the preservation of existing constitutional institutions until the holding of the public parliamentary elections scheduled for 27/4/1993 and the formation of new constitutional institutions. In accordance with Article 48 of Law no. 41 of 1992 on public elections, the first parliamentary elections were held on the above-mentioned day by public free direct and equal secret ballot after the founding of the Yemeni Republic and under political and party pluralism. The elections resulted in the triumph of 8 parties of membership in the parliament out of 14 parties that presented election programs . The National Congress Party won 41% of parliament seats, the Yemeni Reform Group won 21%, the Yemeni Socialist Party won 19.2%, and the independent won 16.5%. After them were some of the political forces and organizations that were newly founded or that were related to individual vision and do not constitute political weight. These include the Baath parties, Haqq parties, and the three Nasserite parties . A large group of independents was distributed between each of the National Congress Party, the Socialist Party, and the Yemeni Reform Group.
Regarding the parliament’s functions and jurisdictions, the jurisdictions suspended by Article 7 of the Declaration of the Republic Agreement were restored and consisted in the following:
These functions and privileges did not change much as a result of constitutional amendments that were made to Articles of the constitution in 28/9/194 and which followed the end of the division crisis in Yemen. The most important amendments consisted in the following:
1- The Parliament’s Legislative Performance
For that reason, when considering the parliament’s achievements in that period, it is necessary in the beginning to state that the achievements must be measured by the nature of the surrounding circumstances. From this one can proceed to say that the parliament achieved many positive acts relative to the size of challenges that faced it from the beginning and continued to challenge it, making the likelihood of its success narrow compared to that of its failure. It is sufficient that the parliament was the only institution that continued working and remained unified during the separation war (and was considered one of the regulators of unity) . The fact is that the effects resulting from the war on this experience are considered composite ones. In the short term, these conflicts were followed by a limitation of political liberties and numerous attempts of the regime at threatening its enemies. On another level, in the long term, the war shed light on the capability and flexibility of some political institutions and among them the parliament. Developments since 1995 reveal that despite the attempts of President Ali Abdallah Al-Saleh to impose his vision, the Yemeni political systems continued to be pluralistic, and the parliament did not weaken as many analysts have noted. Despite certainly being influenced by political struggles, it continued in its work and represented a public arena in which conflicting sides interacted. What indicates this is that many parliament members from the Socialist Party decided to stay in the parliament and to respect the constitutional framework. This reveals their desire to solve the conflict through the parliament, and this desire consolidated its importance in the political system. Socialist Party president Sheikh Abdallah Al-Ahmar continued to be one of the main keys of the country whom President Saleh could not ignore. (There is other evidence—according to this viewpoint—that the parliament was not marginalized), and among them the wide debate generated in the country by the 1997 parliamentary elections and their timing, and supervision on them by international supervisors to ensure their integrity. Had the parliament’s role not been important and influential, such a debate on a wide scale would not have been generated . Moreover, despite the adoption of constitutional amendments that strengthened the President’s power at the parliament’s expense, the Speaker of Parliament emerged as an equal or equivalent to the President in terms of power. The balance of power was not deeply affected—this was revealed in the year 1995-96 in parliament conflicts with the government on topics related to parliamentary immunity and fiscal plan approval . The parliament is considered to have completed the legislative foundations of the unified country through unifying the two division’s laws and to have made constitutional amendments and approved political pluralism . Amending the electoral law and completing and approving the comprehensive economic and social development plan for the years 1996-2000 . It may generally be said that the parliament made some achievements in the legislative and legal fields. It approved a large number of presidential decretal laws and approved a number of laws. Among them are the following:
B- With Regard to Laws:
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