The Legal Expert, Dr. Mohammed Al-saqqaf: “The Elections more or less have Become Close to a Referendum than Elections” [Archives:1999/31/Interview]
August 2 1999
The Parliament’s rejection to screen Mr. Ali Saleh Obad, the opposition’s nominee for the ensuing presidential elections, has created a big fuss among politicians. As a matter of fact, the Parliament’s move has never been expected and this is why a number of outstanding political observers strongly believe that this motion could put an end to the elections well in advance of the actual battle.
Q: How do you comment on the procedures that produced the outcomes of the Presidential candidates?
A: In my opinion, the violation of the country’s Constitution and Effective laws is the dominant rule. We are more often than not used to see the ruling authorities step over Law to reach their goals. The process of violation becomes more visible during the time of elections. With regard to the illegal practices that came along with the presidential elections of this year, let me refer here to the following violations:
1- Violations incurred to the General Elections Law
On February 24 1998, the government presented to the Parliament a new draft law of elections, to substitute law no 27 for the year 1996. On April 18 1999, the President of the Republic has signed in law the new elections law No 27. The problem here is that the final draft as signed by the president is different from the draft law presented by the Government to the Parliament. Of course this is not legal, for the articles passed by the Parliament and signed by the President are not the same articles contained in the Government’s draft law. Another violation took place when the Parliament approved the financing of presidential campaigns through the public treasury. A law issued in the year 1996 completely bans financing the election campaigns through the public funds whereas article no. 75 allows each candidate to apply for financial assistance from the public funds pending on the Parliament presidium’s approval. The second irregularity is that article No. 17 in the same law bans donations of any social dignitaries to any political party. However, article No. 76 of the new law cancels out law no. 17 and rather allows donations. Undoubtedly, considerable contributions of important donors will not go to the competitor of the current president.
On July 22 1999, the Parliament passed another amendment to the General Elections Law. According to this amendment, the Republic of Yemen has become one electoral constituency. Now this would be fine and okay in any country where there are no duplicated or unreal names in the voters’ lists. In Yemen there is about 750,000 names that have been reported unreal, duplicated or non-eligible voters. The new amendment has made it possible for the voters of this kind to cast their votes in more than one electoral center. This in turn will lead to the freezing of a number of articles in the General Elections Law related to the voters’ electoral home, the voters’ lists and polling of voters in their respective electoral centers. The propose of this amendment is to increase the numbers of voters through unreal and dishonest ways so as to cover the gap that may arise from the boycotting of elections especially in the Southern and the Eastern governorates of the Republic.
2- The legal stance of the Supreme Elections Commission
I will overlook here the frequent disrespect of the SEC to dates as specified in the Elections Law. But let me just point out to major violation committed by the SEC. This has to do with the Commission’s naming of the day of presidential balloting to be on September 23, and the final declaration of results to be on September 26 (Revolution Day). Now Article 113 in the Constitution states that ” Procedures to elect a new President should begin 90 days before the end of the President term in office, provided that the new President should be elected at least one week before the end of the presidential term.” President Saleh’s term in office terminates in October 5 1999. According to the Elections terms, presidential candidate becomes President if he scores simple majority (51%). In case of the candidates’ failure to score the required majority, second round of elections has to be organized in a period of 40 days maximum. Now the naming of September as the day of balloting virtually overrules the possibility of a second round, for the commission was supposed to name the day of balloting at least during the fist week of August, taking into consideration the possibility of a second round. As things stand now, one can only wander if the SEC knows in advance that the elections outcomes would be decisively settled during the first round of elections and therefore there would be no need for a second round!
3- The Procedures governing presidential Nomination and the Parliament’s endorsement
Article No. 107 in the constitution defined the nomination procedures and steps of the Parliament’s endorsement of the presidential nominees. However, the ultimatum issued by the Parliament Presidium on July 3 boldly states that procedures of the nominees endorsement will be decided by the Parliament’s presidium; without any legal reference to this procedure. This is exactly what happened on Wednesday, July 21 during the Parliament’s session of Endorsement. According to Constitutional Article 107, each presidential nominee must acquire the approval of 30 MPs out of 301. The MPs were asked to put their names, constituencies, the names of nominees they approved and finally their signatures on the cards given to them during session. Now this act by the Parliament’s Presidium is absolutely illegal and lacks in constitutional reference for two reasons:
First, the PP is not the parliament( the only authority of legislative powers. There is absolutely nothing in the Constitution, General Elections Law, nor in the Parliament’s Standing Order that give the Presidium any kind of legislative powers. Nor does the Presidium have the right to invent procedures of its own. Second, the principle of secret balloting is a sacred right guaranteed by constitutions in an democratic country. Any thing to the contrary is a direct violations of the principle of secrecy.
Q: Why do you think the opposition have failed to obtain the required approval for their presidential nominee? And what is your assessment of the situation now there are two nominees from the same party?
A: In fact, huge blunders have been committed by both sides. On the opposition level, there is no clear strategic vision that defines the policies of the opposition parties. Most of their actions are based on short-term objectives. Let me illustrate this by what happened during the 1997 parliamentary elections. At that time three opposition parties (of southern origin) decided to boycott the elections because the terms they asked to ensure fair and equal play were entirely rejected by the ruling party. However, those parties did not take into account the ensuing consequences of their decision that will certainly affect their position in any election in the future. I have strongly pointed out the necessity of a constitutional amendment to Article 107 (related to the 10% parliamentary approval) in a forum organized in Sanaa dedicated to the presidential elections. There is no way for the opposition nominee to pass through the Parliament’s screening, given the present strict of the parliament which is overwhelmingly dominated by the PGC and Islah Party. The President of the Republic, actuated by fear of the opposition’s boycotting, announced in Aden in last November his consent to a constitutional amendment to article 107 create equal opportunities for the presidential candidates. The fault of the opposition was that they did not press on effecting this amendment and instead rushed into announcing their consent to take part in the presidential elections. Later on the talk of an amendment died out and the opposition kept receiving assurances from the President and the Prime Minister of their support to the opposition’s nominee in the parliament. I have repeatedly warned the opposition in my writings in Al-Ayyam newspaper of the importance to first effect the amendment, without which the opposition put themselves hostages in the hands of the ruling party.
As for the last part of your question, from a purely legal point of view, there is nothing wrong with these elections. Practically speaking, however, I can not really call them elections as they be run between two runners from the same party. More or less they have become close to a referendum than elections.
Q: What is, in your opinion, the best step the opposition should take, now that their nominee has been rejected?
A: I have already given my advise to the opposition parties to file a case the Constitutional Department the Supreme Court to appeal against the illegal and anti-constitutional acts of the Parliament’s procedures of endorsement. It appears that these parties are quite willing to try on this approach which, I believe, can achieve a number of positive results. At least, it will eliminate the possibility of taking a rash action motivated by emotional reaction. Also, this step will draw sympathetic attention from both local as well as international circles for adopting a civilized and legal approach.. And finally we, all of us, need to reassert the complete independence and impartiality of the Judiciary.
Q: Some of the opposition ask for a program for national reconciliation, your comment?
A: It is a good idea and Yemen is actually in need of this. However the question is where are the active opposition parties that could join hands together and come up with a clear and accurate program through which they could win the people’s confidence before winning over the satisfaction of the ruling party?
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Q: Do you think there is a real opposition in Yemen? And can we consider the existing parties real ones?
A: Frankly speaking, there is no real opposition in Yemen, neither in comparison to the advanced democratic countries, nor even to the democratizing countries. I may surprise you if I say that the Islah Party is the strongest opposing party though it is hard to think of it as an opposition party because of the strong personal ties between its leading members and the leadership of the PGC. However, it has a very strong presence in the political as well as social arena and this is what other opposition parties such as the YSP suffer from. In my opinion the main reason behind the deterioration of the opposition parties is the structure of the Yemen society in which two dominant forces prevail; the military force and the tribal force. The ruling party depends on the military force whereas the Islah party depends mainly on the tribal force. The YSP has lost its way between these two elements.
Q: In Taiz, a Document of Pledge and Accord was singed In 1964. Another Document of the same name was signed in Amman in 1994? Now this issue is being raised. Why?
A: The vital issues pertaining to the building of a modern Yemen, in which all Yemenis are equal and ruled through civic institutions away from the dominance of the militaristic and tribal regimes are now revived because they have never seen the light of being. For this simple reason, they always come to the front specially during times of crises like the one we are having now.
Q: How do you assess the media’s role in our country? And what are the major obstacles on its way?
A: Most of the newspapers belong to political parties. Few are the independent newspapers. for instance the Yemen Times, Alayam and Altareek. One fact about the development of newspapers in Yemen is their decline after 1994 mainly because of the great restrictions made on parties and their respective newspapers. This has directly and negatively affected the media. It is true that we have what can be called an independent media, yet, the effect of this media is so limited for two reasons. First is related to the that the high rate of illiteracy in our country. (75%). The second reasons is related to the small readership of newspapers.
Q: Do you think there is a real opposition in Yemen? And can we consider the existing parties real ones?
A: Frankly speaking, there is no real opposition in Yemen, neither in comparison to the advanced democratic countries, nor even to the democratizing countries. I may surprise you if I say that the Islah Party is the strongest opposing party though it is hard to think of it as an opposition party because of the strong personal ties between its leading members and the leadership of the PGC. However, it has a very strong presence in the political as well as social arena and this is what other opposition parties such as the YSP suffer from. In my opinion the main reason behind the deterioration of the opposition parties is the structure of the Yemen society in which two dominant forces prevail; the military force and the tribal force. The ruling party depends on the military force whereas the Islah party depends mainly on the tribal force. The YSP has lost its way between these two elements.
Q: In Taiz, a Document of Pledge and Accord was singed In 1964. Another Document of the same name was signed in Amman in 1994? Now this issue is being raised. Why?
A: The vital issues pertaining to the building of a modern Yemen, in which all Yemenis are equal and ruled through civic institutions away from the dominance of the militaristic and tribal regimes are now revived because they have never seen the light of being. For this simple reason, they always come to the front specially during times of crises like the one we are having now.
Q: How do you assess the medias role in our country? And what are the major obstacles on its way?
A: Most of the newspapers belong to political parties. Few are the independent newspapers. for instance the Yemen Times, Alayam and Altareek. One fact about the development of newspapers in Yemen is their decline after 1994 mainly because of the great restrictions made on parties and their respective newspapers. This has directly and negatively affected the media. It is true that we have what can be called an independent media, yet, the effect of this media is so limited for two reasons. First is related to the that the high rate of illiteracy in our country. (75%). The second reasons is related to the small readership of newspapers.
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