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The Document of Pledge and Accord, 1994

   

The tables below compare proposals in the Document of Pledge and Accord with the relevant parts of Yemen's 1990 constitution. For discussion of these proposals see Chapter 11 of The Birth of Modern Yemen.

Principal differences are highlighted in bold. Numbers refer to clauses in the constitution or in the relevant section of the Document of Pledge and Accord. 

Yemen Times translations with author’s revisions.


  

Powers of the Presidential Council

 

1990 Constitution

Document of Pledge and Accord

To represent the republic at home and abroad. (94.1)

To represent the republic at home and abroad. (1)

To call the voters at the appointed time to elect the House of Representatives. (94.2)

To call the voters to general elections at the appointed time. (2)

To call a referendum. (94.3)

To call a referendum. (4)

To nominate a person to form the government, and to issue a republican decree naming the cabinet members. (94.4)

To nominate a person to form the government, and to issue a republican decree naming the cabinet members according to the choice of the prime minister designate. (5)

To lay down, in participation with the government, the general policy of the state and to oversee its implementation as stipulated in the constitution. (94.5)

To participate with the government in discussing its draft programme before presenting this to the House of Representatives for the vote of confidence. (6)

To call the cabinet to a joint meeting with the Presidential Council, as the need arises. (94.6)

[Not mentioned]

To name the members of the National Defence Council according to the law. (94.7) 

To consult with the prime minister in naming the members of the Defence Council who are nominated by the cabinet, according to the law. (8)

To promulgate the laws passed by the House of Representatives and the Presidential Council, and to issue the regulations for their implementation. (94.8)

To promulgate laws approved by the House of Representatives. (9)

To appoint and dismiss senior government officials and military/police officers according to the law. (94.9)

To sign the appointment, promotion and dismissal orders of senior military and security officers of the rank of colonel or higher, after approval by the cabinet. (11)

To establish military ranks according to the law. (94.10)

To ratify cabinet decisions to introduce new military ranks. (12)

To award badges, medals, decorations stipulated by law, or to permit the wearing of badges and honours awarded by other states. (94.11)

To ratify cabinet decisions to award citations and honours specified by the law. (12)

To grant permission to wear badges and honours awarded by other states. (13)

To issue decrees ratifying treaties and agreements approved by the House of Representatives. (94.12)

To ratify treaties and agreements approved by the House of Representatives. (15)

To ratify agreements not requiring ratification by the House of Representatives after approval by the Cabinet. (94.13)

[Not mentioned]

To establish diplomatic missions and to appoint and recall ambassadors accord­ing to the law. (94.14)

To establish diplomatic missions and to appoint and recall ambassadors after approval by the cabinet. (16)

To grant accreditation to representatives of foreign countries and organisations. (94.15)

To grant accreditation to representatives of foreign countries and organisations. (17)

To grant political asylum. (94.16)

To grant political asylum. (18)

To declare a state of emergency and general mobilisation according to the law. (94.17) NB 23

To declare a state of emergency and general mobilisation according to the law. (19)

To undertake any other functions stipulated in the constitution. (94.18)

[Not mentioned]

The Presidential Council may not dissolve the House of Representatives except under dire circumstances and only after holding a national referendum on the reasons for the dissolution. (78)

To dissolve the House of Representatives after consulting the cabinet, in accordance with the relevant article in the current constitu­tion. (3)

The right to request a review of any law approved by the House of Representatives … (79)

The right to request a review of any law approved by the House of Representatives. (10)

If while the House of Representatives is in recess or dissolved, urgent decisions are required, then the Presidential Council can issue decrees which have the force of law, provided such decrees do not contradict the constitution or the budgetary estimates. Such deci­sions must be presented to the first meeting of the House of Representatives. (95)

When the House of Representatives is in recess, to issue decrees at the instigation of the cabinet and in exceptional cases which cannot be delayed and do not contradict the constitution. These must be presented to the House of Representatives in its first meeting after the issuance of the decree. (14)

The Chairman of the Presidential Council has the right to demand reports from the prime minister concerning the implementation of the duties of the House of Representatives. (100)

To receive periodic reports from the prime minister on the progress of the general policy of the state in all fields. (7)

  
  
Functions and powers of the Presidential Council's chairman
 

1990 Constitution

Document of Pledge and Accord

The Chairman of the Presidential Council shall manage the affairs of the Council, and sign its decisions. (98)

To chair meetings of the Presidential Council.

To sign resolutions of the Presidential Council.

The Chairman of the Presidential Council shall represent the Republic in its foreign relations. (99)

To represent the republic abroad, sign the documents accrediting ambassdors and receive the ambassadors of other countries.

The Chairman of the Presidential Council has the right to demand reports from the Prime Minister concerning the implementation of the duties of the House of Representatives. (100)

To call for reports from the prime minister on questions relating to implementation of the government’s tasks, in order to present them to the Presidential Council.

 

To sign laws.

To sign, together with the prime minister, laws by decree and republican decrees.

The National Defence Council, to be chaired by the Chairman of the Presidential Council, shall be established to attend to matters pertaining to the means of safeguarding the Republic and its security. (24)

To chair the National Defence Council in the event of war.

 
 
 
 


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Last revised on 07 August, 2015