Yemen: a new era of illegitimacy

After an interlude caused by months on political turmoil, Yemen's illegitimate parliament resumed business on Saturday when the new power-sharing government presented its programme. Judging by the account in the Yemen Times, its re-opening session was a shambolic affair, interrupted by power cuts and with many members chatting amongst themselves as the new prime minister spoke.

Shots were exchanged outside between supporters of President Saleh and the opposition, while forces commanded by Saleh's son and nephew guarded the building. Armed tribal militias also stood around the building carrying Kalashnikovs and bazookas, according to the Yemen Times. 

The parliament – which no longer has a legal mandate – was elected for a six-year term in 2003, with Saleh's General People's Congress party winning an overwhelming majority of 238 out of 301 seats. In 2009 parliament voted to extend its term for a further two years but no new elections were held, as required, in April this year.

One of the first decisions taken by the reconvened parliament at the weekend was an unconstitutional one. It voted "by consensus" to 
close nominations for February's presidential election. This means that vice-president Hadi will be the only candidate – contrary to the constitution which stipulates that there must be at least two candidates. Bizarrely, the Yemen Observer reports that provincial committees have now started work planning the security and voting arrangements for this non-election.

It is expected that one of parliament's next moves will be to grant immunity from prosecution to President Saleh and other (as yet unnamed) members of his entourage.

Preventing this immunity deal was the main goal of the five-day "Life March" from Ta'izz to Sana'a which ended in the capital on Saturday with at least 13 of the protesters being killed. Tear gas and sewage, as well as live bullets, were also used to disperse the march.

As a result, some of the protesters' wrath is now directed against Vice-President Hadi who is seen as merely "a tool in the hands" of Saleh. Gerald Feierstein, the US ambassador in Sana'a (who some protesters describe as a "viceroy") has also been heavily criticisedfor reportedly saying that the Life March was "not to carry out a peaceful march, but to get access to Sana'a in order to generate chaos and provoke a violent response by the security forces".

Meanwhile Saleh has said he plans to travel to the United States, not for medical treatment as some reports have suggested, but "to get away from attention, cameras, and allow the unity government to prepare properly for elections".

It is unclear when he intends to go, or how long he will stay, but this does raise questions as to whether the US should receive him. If he is allowed into the US without threat of prosecution the Americans will, in effect, be conniving with the immunity deal.

No one can dispute the depth of the political crisis in Yemen but over-riding the constitution and the law is not the way out of it, and citing force majeure is a feeble excuse. If the goal is a new era of peace and democracy, those in charge have to begin as they intend to carry on – by observing the law and the constitution. Otherwise, expedients that start off as temporary are liable to become permanent, as happened many times under President Saleh.

Posted by Brian Whitaker, 26 December 2011