The Yemen Republic is an independent, sovereign, unitary, and
indivisible state whose territorial integrity is inviolable. The
Yemeni People is a part of the Arab nation and the Islamic
Islam is the religion of the state and Arabic is its official
Islamic jurisprudence is the main source of legislation.
Power rests with the people who is the source of all powers.
The people shall exercise its power directly through referenda
and general elections, and indirectly through legislative,
executive, and judicial bodies and also through elected local
The state shall abide by the United Nations Charter, the
Universal Declaration of Human Rights, the Charter of the
League of Arab States and the generally accepted norms of
The national economy shall be formed on the following
1) Islamic social justice in both production and social
2) The establishment of a modern public sector capable of
possessing essential means of production;
3) Preservation of private property which shall not be touched
except in the public interest and in return for a fair
compensation in accordance with the law;
4) Directing all energies and relationships towards building a
strong national economy, free from any dependence, and the
achievement of total, comprehensive development capable of
creating socialist relations inspired by the Arab Islamic heritage
and the conditions and circumstances of the Yemeni society.
Natural resources, with all their derivatives, and sources of
energy on the state's territory or the subsoil thereof, in its
territorial waters, its continental shelf and exclusive economic
zone are owned by the state which shall exploit them in the
The economic policy of the state shall be based on scientific
planning, leading to the establishment of public corporations to
exploit and invest in public and natural resources, develop and
advance the capacities and opportunities of the public, private,
and mixed sectors in all fields of economic and social
development, within the framework of the general plan of the
state, in the service of the public interest and the national
The state shall direct, develop, and enhance the effectiveness of
foreign trade in the service of the national economy. The state
shall also supervise internal trade with a view to protecting
consumers and providing the citizens with essential
The law shall regulate the state's official currency and its
financial and banking systems. It shall also determine weights
Taxes and public levies shall be organized in a manner that
serves the public interest and guarantees social justice for the
Creating, amending, and repealing public taxes shall be done
only by law. Nobody shall be partially or totally exempted
from the payment of taxes except in cases specified by the law.
Nobody shall be ordered to pay any other taxes or public levies
except by a law.
The state shall encourage savings and co-operatives. It shall
sponsor, support, and encourage the establishment of all types
of co-operative ventures and activities.
The law shall determine the basic rules for the collection and
dispersement of public finances.
The executive power may not contract or guarantee loans or
commit to a project requiring expenditure from the state's
treasury in a future year or years except with the approval of
the House of Representatives.
The law shall specify the salaries, pensions, allowances,
subsidies, and remunerations paid from the state's treasury.
The contracting of concessions related to the exploitation of
natural resources or public facilities shall be done through the
enactment of a proper law. Such a law shall determine the
conditions and modalities of disposing of real estate owned by
the state, free of charge, and ceding any of the state's movable
possessions. The law shall also regulate the granting of
concessions to local units and the free disposal of their
The state shall guarantee the freedom of scientific research and
literary and cultural achievements that conform with the spirit
and purpose of the constitution. It shall provide all means
conducive to such achievements and give all the support needed
for the advancement of sciences and arts. It shall also
encourage scientific and technical discoveries and creative arts
and protect their results.
The state shall guarantee, to all its citizens, equal political,
economic, social, and cultural opportunities and, to that effect,
shall enact all the required laws.
Public service is a duty and an honor. Public officials, in the
performance of their duties, shall aim at serving the public
interest and the people. The law shall specify the conditions of
public service and the rights and duties of public officials.
Work is a right, an honor, and a necessary tool for the
advancement of society. Every citizen has the right to seek and
practice the job he chooses within the law. No citizen may be
forced to do a job unless it is governed by a law, in the public
interest and in return for a fair remuneration.
Only the state shall establish Armed Forces and any other
forces. The Armed Forces are owned by the people. Their
function is to protect the Republic, its territorial integrity and its
security. No organization or group may establish any military
or para-military formations. The law shall specify conditions of
service, promotion, and discipline in the armed forces.
The law shall regulate general mobilization which shall be
announced by the chairman of the Presidential Council
following the approval of the House of Representatives.
A National Defence Council shall be established. It shall be
chaired by the chairman of the Presidential Council. The
National Defense Council shall be entrusted with the mandate of
looking into ways and means of safeguarding the Republic and
its security. Its composition and other functions shall be
determined by law.
The police force is a regular civilian establishment whose
function is to serve the people and guarantee their safety,
security, and peace. The police force shall be entrusted with
guaranteeing public order and security and public manners.
The law shall regulate the work of the police force under the
judicial power, and the manner this force shall implement the
orders of the judicial power without prejudice to the proper
conduct of justice. It shall also carry out all duties entrusted to
it by laws and statutes, in the manner specified by the law.
All citizens have the right to participate in the political,
economic, sacral, and cultural life. To this end, the state shall
guarantee the freedom of thought and the freedom to express
opinion by word of mouth, in writing, or in picture, within the
limits of the law.
All citizens are equal before the law. They are equal in
public rights and duties. There shall be no discrimination
between them based on sex, color, ethnic origin, language,
occupation, social status, or religion.
The law shall regulate Yemeni nationality. No Yemeni may be
deprived of this nationality. Those who acquire Yemeni
nationality may not lose it except in accordance with the law.
No Yemeni citizen may be extradited to a foreign authority.
Political refugees may not be extradited.
Criminal liability is personal. Nobody shall be punished except
in accordance with a law. No punishment may be imposed for
offenses perpetuated prior to the enactment of the law under
which these offenses are punishable. Every accused is innocent
until proven guilty by a final judicial sentence.
Article 32 (...)
The state shall guarantee, for its citizens, their personal
freedom, dignity, and safety. The law shall specify cases of
depriving a citizen of his freedom. No one may be deprived of
his freedom except under a ruling by a competent court.
(1) Nobody may be arrested, searched, or detained unless
caught in the act; or in implementation of an order necessitated
by an investigation or by the maintenance of security; issued by
a judge or a prosecutor in accordance with the provisions of the
(2) No person may be put under probation or be the subject of
an inquiry except in accordance with the law. Any person
whose freedom is restricted in any manner shall be treated with
dignity. Physical and psychological torture are prohibited.
No one may be forced to give a confession during an
investigation. Anyone whose freedom is restricted has the right
to remain silent and to speak only in the presence of an
attorney. No one may be jailed or detained in places other than
those governed by the law regulating prisons. Physical
punishment and degrading treatment at the time of arrest or
during jail or detention are prohibited.
Whoever is temporarily arrested for suspicion of committing a
crime shall be arraigned within twenty-four hours. The judge
shall inform him of the reasons for his arrest, question him, and
give him the opportunity to plead his defense. The judge shall
immediately issue a reasoned order for his release or continued
detention. In all cases, detention should not exceed the period
specified in that judicial order.
At the time of arrest, the accused may designate a person to be
immediately notified of the arrest and of any court order
extending his detention. Should the arrested person be unable
to designate a specific person, his relatives or whoever it may
concern, should be notified.
The law shall determine the proper punishment for whoever
violates any provision of this article, in addition to the
reparations he has to pay for any damage that might befall
anyone as a result of this violation.
No cruel or degrading means may be used in executing
penalties and no laws permitting such means may be enacted.
Every citizen has the right to resort to court to seek the
protection of his legal rights and interests. Everyone has the
right to submit complaints, criticisms, and proposals, directly or
indirectly, to organs and bodies of the state.
Domiciles, houses of worship, and educational institutions are
inviolable and shall not be subjected to any control or search
except in cases specified by the law.
Freedom and confidentiality of mail, telephones, telegrams, and
all means of communication shall be guaranteed. They may not
be censored, searched, made public, delayed, or confiscated
except in cases determined by the law and by a court order.
All citizens have the right to education. This right shall be
guaranteed by the state, through the establishment of different
schools and educational and cultural institutions. The state shall
particularly emphasize taking care of youth and protecting them
from deviation, providing them with religious, mental, and
physical education and creating the proper conditions for the
development of their abilities in all fields.
Every citizen may move about in any part of the Yemeni
territory. This freedom of movement may not be restricted
except in cases determined by the law in light of the
requirements for safety and security of citizens. Freedom to
enter and leave the Republic shall be regulated by the law. No
Yemeni may be forced to leave Yemeni territory or prevented
from returning to it.
Citizens all over the Republic may, in a manner that does not
contravene the provisions of this constitution, associate
politically, professionally, and in trade unions. They have the
right to establish scientific, cultural, social, and national
organizations and unions in a manner that serves the purposes
of this constitution. The state shall guarantee this right and
provide all necessary means to enable its citizens to exercise it.
It shall also guarantee all freedoms for political, cultural,
scientific, social, and trade union organizations.
Chapter I The House of Representatives
The House of Representatives is the legislative power of the
state. It shall enact the laws and decide the general policy of
the state, in addition to adopting the general plan for economic
and social development, the public budget, and its final
statement. It also shall assume the function of controlling the
actions of the executive power in the manner specified in this
The House of Representatives shall consist of members to be
elected by secret ballot and by free general and equal suffrage.
The Republic shall be divided into electoral constituencies with
equal number of inhabitants within an up or down range of 5%.
Each constituency shall elect one member to the House of
Every citizen has the right to voteand to submit his
candidacy to the House of Representatives:
A) A voter must:
1) Be a Yemeni national.
2) Be not less than eighteen years of age.
B) A candidate for the House of Representatives shall fulfill the
1) Be a Yemeni citizen.
2) Be not less than twenty-five years of age.
3) Be literate.
4) Be of good moral character.
The House of Representatives shall be elected for a term of
four calendar years beginning from its first session. The
Speaker of the House shall convoke voters for the election of a
new House at least sixty days before the expiry of the House's
term. Should this prove impossible for compelling reasons, the
House shall remain in place and shall continue to exercise its
constitutional powers until these reasons are over and a new
House is elected.
Sanaa, the capital, shall be the seat of the House of
Representatives whose rules of procedure specify the cases and
conditions under which the House of Representatives may hold
its meetings outside the capital.
The House of Representatives shall adopt its rules of procedure
which should regulate the work of the House and its committees
and the manner in which it shall carry out its constitutional
powers. These rules of procedure may not contain provisions
which run counter to the constitution or imply the amendment
thereof. The issuance and amendment of these rules shall be
effected by a law.
The House of Representatives shall have the exclusive
competence of deciding on the validity of the membership of its
members. The rules of procedure of the House shall regulate
the procedures for challenging the validity of membership and
the body to be entrusted with investigating such challenges and
the manner of conducting such investigations, whose results
should be submitted to the representatives sixty days after the
day of filing the challenge to the House. Membership of the
House shall be invalidated only by a decision adopted by the
House with the consent of two thirds of its members.
The House of Representatives shall have the exclusive right to
keep order and security inside its premises. It shall do that
through a special police force that is subordinate to the House.
No other armed force may enter the House or stay close to its
doors except at the request of its speaker.
The House of Representatives shall approve and ratify all
general international political and economic treaties and
agreements of all sorts and labels, specially those related to
defense, alliances, peace, change of border, or those with
financial implications for the state or whose implementation
requires the enactment of a law.
The final statement of the state budget shall be submitted to the
House of Representatives within a period of nine months after
the end of the fiscal year. This final accounting statement shall
be voted on chapter by chapter. Ratification by the House of
Representatives of the final statement shall be by a law. The
annual report of the Accounting Control Board and its
observations shall be submitted to the House of Representatives
which may ask for any additional information or reports.
The budget proposal shall be submitted to the House of
Representatives at least two months before the start of the fiscal
year. The House shall vote on the budget proposal chapter by
chapter and adopt it by a law. The House may not amend the
budget proposal except with the consent of the Government.
No part of the revenues may be appropriated except by a law.
Should the House of Representatives fail to adopt the new
budget before the commencement of the fiscal year, the current
budget would continue in effect until the new one is adopted.
Budgeting, the fiscal year, and the content of each budget
chapter shall be determined by a law.
The House of Representatives shall approve the transfer of any
amount of money from one section of the public budget to
another and any expenditure not included therein or exceeding
its revenues shall be authorized by a law.
The law shall determine the rules governing the budgets of
public corporations and institutions, the autonomous and
supplementary budgets, and their final statements. These shall
also be subject to the rules governing the public budget and its
The House of Representatives shall hold its first meeting within
two weeks at most of announcing the results of the elections, at
the convocation of the chairman of the Presidential Council. If
the House is not convoked, it shall meet on its own on the
morning of the first day after the elapse of the two said weeks.
The House of Representatives shall elect from among its
members in its first meeting a speaker and three other officers
who together constitute the Bureau of the House. This meeting
shall be chaired by the eldest member of the House. The rules
of procedure shall include the procedures for the election of
members of the Bureau and their other functions.
To be valid, the meetings of the House of Representatives
should be attended by more than half its members, not counting
those members whose seats have been declared vacant. The
House of Representatives shall take its decisions by the absolute
majority of members present except in cases where the
constitution and the rules of procedure call for a special
majority. In case of a tie, the issue under consideration would
be considered as rejected for the current legislative period.
However, it shall have priority for consideration of the House
should it be submitted to another legislative period.
Meetings of the House of Representatives shall be public.
However, it may hold private closed meetings at the request of
its speaker, bureau, the government, or at least twenty of its
members. The House may then decide whether the debate on
the issue with which it is seized would take place in public or
The House of Representatives shall meet on the day fixed for its
meeting in accordance with its rules of procedure. The
legislative period of the House may not be adjourned before the
approval of the state's public budget.
A member of the House of Representatives shall represent all
the people and work for the public interest. His functions as a
representative may not be restricted in any way or form.
Members of the House of Representatives shall, before
assuming membership, each take the constitutional oath before
the House in a public meeting.
The law shall fix a fair remuneration for the speaker, members
of the Bureau, and all members of the House of
Representatives. If the Prime Minister, his deputies, and
ministers are members of the House of Representatives, they
shall not be entitled to this remuneration.
Should a seat in the House of Representatives became vacant, at
least one year before the end of the House's term, a new
member shall be elected to fill it within sixty days of
announcing the decision of the House of Representatives on the
vacancy. The membership of the new representative shall end
with the end of the term of the House of Representatives.
Members of the House of Representatives may not interfere
with the work of the executive and judicial powers.
Members of the House of Representatives are not liable for
issues they raise in the House, or the opinions and judgments
they express in the House or in its committees. Also, they shall
not be liable for positions they take when voting in public or
private meeting. However, this does not apply to any
defamation or slander committed by members.
Members of the House of Representatives may not be
investigated, searched, arrested, jailed, or subjected to any
other penalty except with the authorization of the House.
However, this does not apply if a member of the House is
caught in flagrante delicto. In this case, the House should be
immediately notified and it shall verify the validity of the
measures taken. If the House is not in session, an authorization
must be sought from the House's Bureau and the House shall be
informed of the action taken in its next meeting.
Members shall address their resignations to the House which
has the exclusive competence to accept the resignations of its
No member may be deprived of his membership unless he loses
one of the constitutional requirements for membership.
Members of the House, the Government, trade unions and mass
organizations through their representatives in the House, may
submit bills and propose amendments thereof. A bill
submitted by a member shall be referred to a special committee
to consider and submit recommendations on the advisability of
considering it by the House. Should the House decide to look
into it, it shall refer it to its competent committee. Any bill
submitted by anyone other than the Government that is rejected
by the House may not be resubmitted at the same legislative
The House of Representatives has the right to issue
directives to the Government in relation to public matters.
Should the Government find it impossible to implement these
directives, it shall explain the situation to the House.
At least twenty percent of the House's members may propose a
general subject for debate in the House and request the
Government to explain its policy on it.
The House of Representatives may, at a request signed by
at least ten members, form a special committee, or entrust one
of its standing committees with investigating any matter that
runs counter to the public interest, examining the activities of
one of the ministries, public corporations, or bodies, units of
the public sector or the mixed sector or local councils. The
committee, in order to do its job, may collect evidence and hear
whoever it deems necessary to hear. All executive and private
bodies shall respond to all the committee's requests and provide
it, for the purpose of its investigation, with all the data and
documents in their Possession.
The House of Representatives shall adopt the general plan for
economic and social development by a law. The law shall
determine how these plans are prepared and submitted to the
The Prime Minister shall, within at least twenty-five
days of the formation of his government, present to the House
of Representatives his government's program in order to obtain
the confidence of the majority of the House's members. If the
House is not in regular session, it shall be convoked for a
special session. Members of the House and the House as a
whole may comment on the Government's statement. Should
the Government fail to obtain the required majority, this would
mean that the House had withheld its confidence.
The Council of Ministers shall be responsible, collectively and
individually, before the House of Representatives. Every
member of the House has the right to address to the Prime
Minister, any of his deputies, any minister, and any of his
deputies questions related to their field of competence.
Whoever receives any question shall answer it. A question may
not be transferred into an interpellation during the same
The House of Representatives has the right to withdraw
confidence from the Government. Withdrawal of confidence
may be requested only after interpellating the Prime Minister or
his representative. A request for withdrawing confidence has to
be signed by a third of the members of the House and the
House may not decide on this request before the elapsing of at
least seven days after its submission. Withdrawal of confidence
in the Government has to be decided by the majority of
members of the House.
Every member of the House of Representatives has the right to
interpellate the Prime Minister, his deputies, and ministers in
relation to their mandates. Discussion of an interpellation shall
take place at least seven days after its submission, except in
cases which the House deems urgent and with the consent of
The Prime Minister, his deputies, and the ministers and their
deputies shall be allowed to speak in the House of
Representatives whenever they ask. They may be assisted by
other high officials. They shall not participate in voting unless
they are members of the House of Representatives. The House
of Representatives may request the Government or any of its
ministers to attend any of its meeting; this request shall be
Sessions of the House of Representatives shall not be valid
unless the majority of its members are present. The House
shall take its decisions by the absolute majority of members
present, except in cases that require special majorities. Voting
on bills shall be conducted article by article. In the case of a
tie, the matter under discussion shall be considered rejected.
The Presidential Council may not dissolve the House of
Representatives unless it becomes necessary and after holding a
popular referendum on the reasons for dissolution. The
decision dissolving the House of Representatives shall include
the convocation of voters and the holding of new elections for
the House of Representatives within a period of time that does
not exceed sixty days after the announcement of the results of
the referendum. If the dissolution decree did not include the
above mentioned convocation or if the elections were not held,
the dissolution decision would be null and void and the House,
in this case, shall continue to hold its sessions by the force of
the constitution. If elections were held, the new House shall
meet within ten days after completion of the elections. If the
house was not convoked, it shall meet, in accordance with the
constitution, at the end of the above-mentioned ten days.
Before holding the elections, the Government shall resign and
be replaced by a provisional government until the House meets.
If the House was dissolved, the newly elected House may not
be dissolved for the same reason. In all cases, the House may
not be dissolved during its first legislative period.
The Presidential Council has the right to request a review of
any bill approved by the House of Representatives. In such a
case, the Council shall return the bill to the House within thirty
days after the date it was referred to. The Presidential Council
shall do that through a resolution explaining the reasons for the
request. If the Presidential Council did not return the bill to the
House or returned it and it was approved again by a majority of
its member, the bill shall become a law and be issued as such.
Laws shall be published in the official journal and announced
within two weeks of their issuance and shall enter into force
thirty days after their publication. However, this time limit
may be extended through a specific provision in the law itself.
Laws shall apply only to what takes place after their entry into
force. Laws shall not be retroactive. However, in matters
other than taxes and penal questions, laws may provide
otherwise, with the consent of two thirds of the members of the
The presidency of the Yemeni Republic shall be exercised by
a Presidential Council consisting of five members to be elected
by the House of Representatives.
Candidates for the Presidential Council shall be nominated by a
quarter of the members of the House of Representatives. A
candidate shall be elected to the membership of the Presidential
Council upon receipt of the votes of two thirds of the members
of the House in the first ballot. Should a candidate fail to
receive the two thirds majority in the first ballot, he shall
subsequently be elected if he receives the absolute majority of
the votes of the members of the House. The election shall be
by secret ballot. Other aspects of nomination and election shall
be specified in the rules of procedure of the House of
The Presidential Council shall, following its election, elect its
chairman from among its members for a term of office
corresponding to the constitutional term of office of the
A member of the Presidential Council must fulfill the following
A) He must have attained at least thirty-five years of age.
B) He must have been born to two Yemeni parents.
C) He must be enjoying his full political and civil rights.
D) He should not be married to a foreigner.
The chairman and members of the Presidential Council shall
take the constitutional oath of office before the House of
Representatives before taking over their duties.
The term of office of the Presidential Council shall be five
calendar years starting at the time they take the oath of office.
Should the tenure of the House of Representatives end in the
same month as that of the Presidential Council, the Presidential
Council shall continue to exercise its powers until elections are
held and a new House of Representatives begins its tenure. The
new Presidential Council shall be elected within sixty days after
the first session of the new House of Representatives.
Procedures for the election of a new Presidential Council shall
begin ninety days before the end of the term of the incumbent
council. The election of a new Presidential Council shall take
place a least one week before the end of its term of office.
Should the term of office of the Presidential Council end before
the election of the new Council, for whatever reason, the
incumbent council shall continue its functions at the request of
the House of Representatives for a period not exceeding ninety
days. This period may not be extended except in cases of war
or natural disasters or if holding the elections for the council
prove impossible for any other reason.
The chairman and members of the Presidential Council may
submit their justified resignations to the House of
Representatives. Acceptance of these resignations shall be by
the absolute majority of the members of the House of
Representatives. Should the resignation be rejected, the
chairman and any member of the Presidential Council may
re-submit his resignation within three months and the House of
Representatives shall accept it.
(1) If the seats of the chairman and the members of the
Presidential Council become vacant, the Bureau of the House of
Representatives shall temporarily perform the functions of the
Presidential Council. If the House of Representatives were
dissolved, the Government shall replace the Bureau of the
House in provisionally performing the functions of the
(2) The new Presidential Council shall be elected within a
period that does not exceed sixty days after the first session of
the new House of Representatives.
The law shall fix the salaries and remuneration of the chairman
and members of the Presidential Council. No one of them may
receive any other salaries or remuneration.
The chairman and members of the Presidential Council may
not, during their term of office, practice, even indirectly, any
independent profession or any commercial, financial, or
industrial occupation. No one of them may buy or rent any of
the state's possessions even in a public auction. Also, no one
of them may rent, barter, or sell any of his possessions to the
The Presidential Council shall exercise the following
1) It shall represent the Republic inside and outside the
2) It shall convoke voters, at the fixed time, to participate in
electing the House of Representative.
3) It shall call for general referenda.
4) It shall designate someone to form the Government and issue
the presidential decree nominating its members.
5) It shall, together with the Government, form the general
policy of the state and shall oversee its implementation in the
manner determined by the constitution.
6) It shall convene a joint meeting of the Council of Ministers
and the Presidential Council whenever necessary.
7) It shall nominate members of the National Defense Council,
in accordance with the law.
8) It shall issue the laws approved by the House of
Representatives and the Presidential Council and take the
decisions necessary for executing them.
9) It shall appoint and remove the state's high civilian and
military officials in accordance with the law.
10) It shall create military ranks in accordance with the
11) It shall grant the medals and decorations provided for in the
law and shall grant permission to hold those medals and
decorations granted by other states.
12) It shall adopt decisions of ratification of treaties and
agreements approved by the House of Representatives.
13) It shall ratify, after the approval of the Council of
Ministers, those agreements that require no approval by the
House of Representatives.
14) It shall establish diplomatic missions and appoint and recall
ambassadors in accordance with the law.
15) It shall accredit representatives of foreign states and foreign
16) It shall grant the right of political asylum.
17) It shall declare states of emergency and general mobilization
in accordance with the law.
18) It shall exercise any other powers conferred by laws and the
Should anything happen during the recess of the House of
Representatives, or at a time when the House is dissolved, that
requires urgent action that cannot be delayed, the Presidential
Council may take decisions that shall have the force of law so
long as they are not inconsistent with the constitution or the
estimates contained in the budget law. Such decisions shall
be submitted to the next session of the House of Representative.
If these decisions were not submitted to the House of
Representatives, the House may debate the issue and take the
appropriate action. However, if they were presented to the
House and rejected, their lawful force shall be nullified as of
the date of their rejection by the House. Their consequences
shall be handled by the House in the manner it approves.
The Presidential Council shall, at the request of the competent
minister and after the approval of the Council of Ministers, take
decisions and adopt regulations necessary for the execution of
laws and the organization of public services and organs. These
decisions and regulations may not have the influence of
obstructing the provisions of the law or exempting anyone from
abiding by them. The Presidential Council may authorize
others to issue such decisions and regulations. The law may
designate those who may issue decisions and regulations
required for its implementation.
The Presidential Council shall declare a state of emergency by a
presidential decree in the manner stipulated by the law. The
House of Representatives shall be convoked to consider such a
declaration of a state of emergency within seven days after its
declaration. If the House of Representatives had been
dissolved, the old House shall convene by the force of the
Constitution. If the House of Representatives was not convoked
and did not consider the declaration of the state of emergency
as specified above, the state of emergency shall cease to exist.
In all cases, a state of emergency may not be declared except in
case of war, internal sedition, or natural disaster. A state of
emergency shall be declared only for a limited period and may
not be extended except with the approval of the House of
The chairman of the Presidential Council shall conduct the
affair of the Council and sign its decisions.
The chairman of the Presidential Council shall represent the
Republic in its external relations.
The chainman of the Presidential Council has the right to
request reports from the Prime Minister on the implementation
of the functions of the Council of Ministers.
(1) The chairman of the Presidential Council and members of
the Council may be charged with treason or violation of the
Constitution or any act on that prejudice to the state's
independence and sovereignty only at the request of half the
members of the House of Representatives. The decision
indicting them shall be adopted with the approval of two thirds
of the members of the House of Representatives. The law shall
regulate the manner in which they are tried.
(2) If all members of the Presidential Council were indicted, the
Bureau of the House of Representatives shall temporarily
assume the powers of the Presidential Council, until the passing
of the court's verdict. The above-mentioned law shall be
enacted during the first regular legislative period of the first
House of Representatives to be elected following the entry into
force of this Constitution. Should any member of the
Presidential Council be convicted, he shall be relieved of his
post by the force of the Constitution without prejudice to any
other any other penalties. In all cases there shall be no statute
of limitations for the crimes mentioned in this article.
The Council of Ministers is the Government of the Yemeni
Republic. It is the supreme executive and administrative
authority of the state. All executive organs and services
without exception shall be subordinate to the Council of
The Government shall consist of the Prime Minister and his
deputies and the Ministers, all of whom shall constitute the
Council of Ministers. The law shall determine the organization
and powers of the Council of Ministers, the powers of the
Prime Minister, his deputies, and the ministers, and the
functions and organization of various ministries.
The Prime Minister shall select the members of his government
in consultation with the Presidential Council and shall request to
receive confidence in his government based on a program he
shall submit to the House of Representatives.
The Prime Minister and ministers are collectively responsible
before the Presidential Council and the House of
Representatives for the work of the Government.
Before assuming their powers, the Prime Minister and the
members of the Council of Ministers shall take the
Constitutional Oath before the chairman of the Presidential
The law shall fix the salaries of the Prime Minister and his
deputies as well as the ministers and their deputies.
The Prime Minister and the ministers may not, while in office,
assume any other public post or practice, even indirectly, any
independent profession, or any commercial, financial or
industrial job. They may not contribute to any commitments
contracted by the Government or public corporations. They
also may not, at one and the same time, hold their jobs as
ministers and be members of the boards of any company.
While in office, they may not buy or rent or barter any of the
state's possessions even at public auctions. They may not rent
or barter or sell any of their possessions to the state.
The Council of Ministers shall execute the general policy of the
state in the political, economic, social, cultural, and defense
fields in accordance with laws and decrees. In particular, it
shall exercise the following powers:
A) It shall participate with the Presidential Council in preparing
the guidelines for internal and external policy.
B) It shall prepare the state's proposed economic plan and its
annual budget and supervise their implementation and prepare
the state's final statement.
C) It shall prepare bills and draft decisions and submit them to
the House of Representative or the Presidential Council, each
according to its competence.
D) It shall approve treaties and agreements before submitting
them either to the House of Representatives or the Presidential
Council according to the competence of each.
E) It shall take the necessary measures to maintain the state's
internal and external security and to protect the rights of
F) It shall direct, coordinate, and review the work of ministries,
administrative organs, and public institutions, the public and
mixed sectors according to the law.
G) It shall appoint and remove leading officials in accordance
with the law, in addition to formulating and executing a policy
aimed at the development of technical cadres in the state's
organs and develop human resources in the light of the needs of
the country, within the framework of the economic plan.
H) It shall follow up the implementation of laws and the
protection of the state's possessions.
I) It shall supervise the regulation and administration of money,
credit, and insurance.
J) It shall contract loans from and to other parties, within the
limit of the state's provisions of the Constitution.
The Prime Minister shall conduct the work of the Council of
Ministers, chair its meetings, and represent it in all matters
related to the execution of the state's general policy. He shall
supervise the implementation of the decisions of the Council of
Ministers and the general policy of the state in a unified and
coordinated manner. He may request members of the Council
to provide him with reports on any question related to the work
of their ministries and the powers and functions they are
entrusted with, and they shall submit their response to him.
The Presidential Council has the right to suspend the Prime
Minister, his deputies, and the ministers and investigate their
actions in relation to any crimes they may commit during their
fulfillment of their official functions or due to it. The House of
Representatives may submit to the Presidential Council
recommendations calling for the suspension of the Prime
Minister, his deputies, and ministers, and referring them to
interrogation because of crimes committed during, or because
of, their fulfillment of their functions. The House of
Representatives shall adopt such a recommendation by the votes
of two thirds of its members. Those investigated may not get
their services terminated without starting legal proceedings
against them or continuing in these proceedings. The trial and
its procedures and guarantees shall be conducted in accordance
with the provisions of the law which shall also determine the
penalty. These rules shall also apply to deputy ministers.
If the Government resigns, loses the confidence of the House of
Representatives or is dissolved, it shall be entrusted with
running the day-to-day affairs of the country except for
appointments and dismissals, until a new government is formed.
Should the Prime Minister decide that it has become impossible
for him to cooperate with one of his cabinet ministers, he shall
report the matter to the Presidential Council for action.
If the Prime Minister becomes unable to shoulder his
responsibilities or if the House of Representatives withdrew its
confidence in the Government, the Prime Minister shall submit
the resignation of his government to the chairman of the
Should the majority of ministers submit their resignations, the
Prime Minister shall submit the resignation of the Government.
Each minister shall supervise the affairs of his ministry and
direct its organs and branches throughout the Republic. He
shall execute the general policy of the Government within his
ministry. The law shall specify the cases in which the minister
may adopt decisions to implement the laws.
The territory of the Yemenite Republic shall be divided into
administrative units which shall have their own local identity
The law shall determine the number, division, and borderline of
these units. The law shall also regulate the allocation of
competencies to chiefs of these administrative units and then of
the organs and agencies in these units. The administrative units
and municipal councils shall be an integral part of the state.
The governors shall be liable and responsible to the Council of
Ministers whose decisions shall be mandatory for them. They
shall implement these decisions in all cases.
The administrative units shall have elected local councils. The
law shall determine the functions, powers, rights, and duties of
these councils. The law shall also regulate the election of the
councils, organize their functioning, and determine their
financial resources and their role in preparing and implementing
the development plan.
The law shall specify ways and means of controlling the work
of local councils.
The Judiciary is a power, independent in the performance of
its functions. Judges shall be independent. In performing
their duties, they shall be subject only to the law. Nobody may
interfere in any manner in lawsuits or in any part of the
administration of justice. Such interference shall be considered
a crime punishable under the law and subject to no statute of
The Judiciary is an indivisible whole. The law shall determine
the judicial units, their ranks, and competencies. It shall
specify the conditions that should be met by those who seek
judgeships. It shall also specify the conditions and procedures
for the appointment, transfer and promotion of judges and other
guarantees related to them. No special courts may be
established under any circumstance.
Judges and public prosecutors may not be dismissed except in
the cases and under the conditions specified by the law. They
may not be transferred to non-judicial posts except with their
consent and the consent of the competent council, unless this is
done as a disciplinary action. The law shall regulate how
disciplinary action may be taken against them. The law shall
also regulate the bar.
The judiciary shall have a Higher Council. This Council shall
be organized by the law which shall specify its powers. This
Higher Council shall apply the guarantees granted to judges in
matters of appointments, promotions, and removals in
accordance with the law.
A Supreme Court shall be established for the Republic. The
law shall specify its composition, competencies, and the
procedures to be followed before it. In particular, the supreme
court shall exercise the following powers:
1) It shall control and verify the constitutionality of laws,
statutes, regulations, and decrees.
2) It shall decide cases of conflict of competencies of judicial
3) It shall decide electoral challenges.
4) It shall decide appeals against final sentences in civilian and
criminal cases and cases of personal statutes.
5) It shall decide on appeals against final sentences in
administrative disputes and disciplinary actions.
Sessions of courts shall be public unless the court decides to
make them private in the interest of public order and ethics. In
all cases, sentences shall be delivered in public sessions.
The law shall determine the Republic's Seal, Emblems, Medals,
and National Anthem.
The National Flag shall have the following colors, beginning
with its upper part: Red, White, Black, in that order.
Sanaa is the capital of the Yemeni Republic.
This Constitution shall come into force on the date of its
approval, in a general referendum, by the people in both parts
The Presidential Council and the House of Representatives may
ask for the amendment of one or more of the constitution's
articles. A request for amendment shall specify the articles to
be amended and the reasons for the amendment requested.
Should the request emanate from the House of Representatives,
it should be signed by a third of its members. In all cases the
House of Representatives shall debate the request for
amendment and decide on it with the majority of its members.
Should the request be rejected, no request for amending the
same articles may be submitted before the elapse of one year
after the rejection of the original request. If the House of
Representatives approves the request for amendment, it shall
begin, two months later, a debate on the article whose
amendment is requested. If the amendments are approved by
three quarters of the members of the House of Representatives,
they shall take effect once they are published.
On coming into force of this Constitution, a provisional
Presidential Council shall be established. It shall consist of the
chairman and members of the Consultative Council and the
chairman and members of the Presidium of the Supreme
People's Council, existing in the two parts of Yemen. This
Council shall exercise, once it is established, all the powers
entrusted to the Presidential Council under this Constitution,
until the election, by the House of Representatives of a
Presidential Council, in accordance with the provisions of this
The two governments, new in office in the two parts of Yemen,
shall be considered as having resigned as of the date of the
coming into force of this Constitution. The two legislative
councils in both parts shall be considered dissolved as of that
date. The provisional Presidential Council shall form a
provisional government that shall exercise the power entrusted
to the Government under this Constitution until the election of a
Presidential Council in accordance with this Constitution.
The Provisional Presidential Council shall entrust the
Provisional Government with preparing the election of the
House of Representatives within a period that does not exceed
six months after the coming into force of the present
All laws and decrees in force in the two parts of Yemen shall
remain in force in the part in which they were enacted till they
are amended in accordance with the rules and procedures
provided for in this Constitution except for those that are
inconsistent with the rights and freedoms granted by the present
Constitution. The laws and decrees that are inconsistent with
the rights and freedoms specified in this Constitution should be
abrogated by a decision by the Presidential Council during the
The constitutional oath to be taken by the chairman and
members of the Presidential Council and the members of the
House of Representatives and the Prime Minister and the
ministers shall be as follows:
"I swear by God almighty to faithfully maintain the Republican
system, observe the Constitution and laws, and fully serve the
interest and freedoms of the People and maintain and defend
the unity, independence, and territorial integrity of the
The Provisional Presidential Council shall issue the electoral
law under which the first House of Representatives shall be
elected. This law shall specify the number of electoral
constituencies and the number of inhabitants of each
constituency, and it shall delineate the borders of each
constituency and the procedures to be followed by the Supreme
Electoral Committee and its subsidiary committees. The House
of Representatives shall review that law during its first
legislative period to be held after the elections in order to
approve the electoral law, in accordance with the Constitution.