Agreement on the proclamation of the Republic of Yemen and arrangements for the transitional period

"The Sana'a Accord" - 22 April, 1990

The Yemeni homeland is in the process of full preparation for rebuilding its unity and establishing the unified state, as witnessed at all levels of the Yemeni arena - leadership, government, administration, popular organisations, trade unions and general public - in activities to implement the historic Aden Agreement of 30 November last year (1989).

IN CONTINUATION of the sincere and earnest deliberations that took place between the two national leaders seeking to consolidate their single-minded desire to guide unionist action, to confirm the duty and responsibility of all those in command at whatever level, to preserve the steps and measures towards unity in the transitional period, to establish the unified state;

IN APPRECIATION by the leadership of everything that has been presented at the national level by way of discussions and dialogues aimed primarily at serving the cause of national unity in general;

IN VIEW of the need, after the establishment of the Republic of Yemen, for a transitional period which will be finite but sufficient to embrace the process of preparing the future of the Yemeni state and holding general elections for the House of Representatives, while ensuring that the constitution of the single state and constitutional legitimacy prevail without resorting to disregarding or amending the constitution on the part of any agency which has not been granted the right to amend it;

IN AFFIRMATION that the virtuous task of unionist construction is based on national foundations which are under-pinned by the immortal revolutions of September and October, and arises from nationalist, Islamic and human origins;

Sana'a witnessed the first meeting of the full leaderships of the Yemeni homeland as represented by brothers General Ali Abdullah Salih (President of the Republic, General Commander of the Armed Forces and Secretary-General of the General People's Congress), and Ali Salim al-Baid (Secretary-General of the Central Committee of the Yemen Socialist Party), the chairman of the Consultative Council, the chairman of the presidential organisation of the Supreme People's Council, the Prime Minister, members of the Politburo, the General Committee and the Consultative Council, together with a number of members of the presidential organisation of the Supreme People's Council, the Consultative Council and the two governments, the Central Committee of the Yemen Socialist Party and the Permanent Committee of the General People's Congress, and senior civilian and military officials, as shown in the attached list, from 24 to 27 Ramadan AH 1410 (equivalent to 19-22 April 1990).

Between the Yemen Arab Republic and the People's Democratic Republic of Yemen (the two parts of the Yemeni homeland) there will be total unity and amalgamation under which the national identity of both will be dissolved into a single national identity known as the Republic of Yemen, and the Republic of Yemen will have single legislative, administrative and judicial authorities.

• Article (2) After implementation of this agreement the Republic of Yemen will have a presidential council for the transitional period, comprising five persons who will elect from among themselves at their first meeting a chairman and vice-chairman of the presidential council for the period of its term. The presidential council will be formed by means of election at a joint meeting of the presidential commission of the Supreme People's Council and the Consultative Council. The presidential council will take the constitutional oath immediately prior to its business. Upon its election, the presidential council will immediately exercise all the prerogatives bestowed on the presidential council in the constitution.

• Article (3) The transitional period is limited to two years and six months from the date of implementation of this agreement, and during this period the House of Representatives will consist of all members of the Shura Council and Supreme People's Council, in addition to 31 members decreed by the presidential council, and the House of Representatives will exercise all the powers granted to it in the constitution other than electing the presidential council and amending the constitution. In the event that the seat of any member of the House of Representatives becomes vacant for any reason, the presidential council will fill the vacancy by appointment.

• Article (4) The presidential council, at its first meeting, will issue a decree forming a consultative council of 45 members and will define the council's function in the same decree.

• Article (5) The presidential council will form the government of the Republic of Yemen which will assume all the powers granted to the government in accordance with the constitution.

• Article (6) The presidential council, at its first meeting, will assign a technical team to present ideas on the review of the apportionment of administration for the Republic of Yemen so as to ensure the strengthening of national unity and the removal of the effects of partition.

• Article (7) The presidential council is granted the power to issue decrees which have the force of law regarding the emblem of the republic, its flag and the national anthem, and the presidential council will be entrusted with taking the decision at its first meeting to call the House of Representatives into session so that it may resolve the following:

  1. to ratify as laws the decrees promulgated by the presidential council;

  2. to grant the confidence of the house to the government in the light of the statement which it will present;

  3. to charge the presidential council with submitting the constitution to the general popular referendum before 20 November, 1990;

  4. to enact the basic laws which the presidential council will present to it.

• Article (8) This agreement will become operative only after its ratification and ratification of the draft constitution for the Republic of Yemen by both the Shura Council and the People's Council.

• Article (9) This agreement is regarded as applying to the whole of the transitional period, and the rules of the constitution of the Republic of Yemen are considered operative during the transitional phase immediately upon ratification as indicated in the article above and insofar as they do not conflict with the terms of this agreement.

• Article (10) Ratification of this agreement and the constitution of the Republic of Yemen by the Shura Council and People's Council is regarded as repealing the constitution of the two former states.

(General) Ali Abdullah Salih, President of the Republic, Commander-in-Chief of the Armed Forces, General Secretary of the General People's Congress

[Translated from: al-Ashmawy, Ibrahim: al-Wahida al-Yamaniyya bil 'Ayuun al-'Arabiyya. al-Thawabit, Sana'a, 1991.]