Ali Abu Hulaiqa to YT Committed to Constitutional Texts [Archives:2000/42/Interview]

The constitutional amendments to be discussed in the near future in the parliament have become the axis of Yemeni politicians and plebeians discussions. From the discussions and points of view it could be deciphered that while some are supporting the amendments, others are asking for making additions and adjustments and a third party is opposing them. It is normal that this happens amid the atmosphere of the democratic experiment in Yemen. But the question is whether these amendments would contribute to enhance the democratic experiment or, as the opposition, apprehends would restrict it. Will the amendments agree with the formation of the Yemeni society segments, specially after the establishment of al-Shoura Council which is intended to share the responsibility of decision-making along with the elected parliament? The more significant query is whether there is a full commitment to the constitutional texts and soundness of the measures followed.
Mr. Ali Abu Hulaiqah, chairman of the Constitutional Committee in the parliament, the reporter of the committee for constitutional amendments headed by Sheikh Abdullah al-Ahmar, speaker of the parliament gave the YT answers to some of such urgent questions through the following dialogue:
Q: What is the committee supposed to do? Does it include elements from the opposition parties?
A: The committee was formed under directives of the Speaker of the Parliament. It consists of 45 members including heads of political blocs and chairmen of permanent committees. The committees major task is to study and discuss reports prepared by the ad hoc committee representatives from the PGC, Islah, Baath and Nasserite parties, assigned with receiving remarks and proposals on the amendments proposed by the president and also the proposal submitted by 144 MPs to amend articles No. 111 and 158 related to extension of presidency period. All opinions and suggestions submitted have been classified and compiled in a report for discussion by the constitutional committee.
Q: Will the proposed opinions contained in the report be taken into account by the special committee?
A: The constitution does not force the committee to abide by the ideas put forward. However, in view of the committees desire to benefit from others ideas regarding any text or amendment that will help strengthen the democratic approach, the committee would consider them.
Q: Canceling the word guidance in article No. 61 has been perceived by the opposition as cancellation of monitoring role of the Executive Authority. What are your comments?
A: Omission of the word you have mentioned will resolve the misunderstanding between the Executive and Legislative powers. I dont think that it is of great importance because it is the parliament that is responsible for legislating and monitoring. Therefore, removal of this word will not affect the parliaments role as a monitor on the state because that can be done through other channels specified in the constitution and the law No. 43, 1973.
Q: Some are of the opinion that extending parliamentary term to 6 years would lead to incidence of corruption among members of the legislative body. Is that likely to happen?
A: The corruptible are not bounded by length of term, be it short or long. I think this is an illogical conclusion.The constitutional amendments are meant to secure stability of the legislative base by extending the parliamentary period to 6 years instead of 4. The president has thoughtfully proposed this amendment particularly that the state treasury cannot afford close parliamentary elections.
Q: Dont you think that giving the President a right to dissolve the parliament without a public referendum will tend to narrow the democratic margin?
A: Referendum is not necessary since the parliament and president are elected by the people. The President has the right to dissolve the parliament within the constitutional and legal frameworks. This is important, in my opinion, to effect a balance with the parliaments power to enforce resignation of the government. The constitution has guaranteed the peoples right in that the president cannot dissolve the new parliament a second time. It is axiomatic in the democratic system for it depends on the necessity of respecting the peoples will whom the constitution considers as sovereign and the source of powers.
Q: Cancellation of article No. 119 means lifting the Presidents legislative power. In case the parliament is dissolved, dont you think that this will leave the country in a state of constitutional vacuum taking into account the parliaments two-month holiday in addition to Ramadan?
A: Cancellation of the Presidents power to legislation is a very bold and courageous move in the third world. I think that this step will help enhance democracy in Yemen.
Q: Do you think the presence of appointed Shoura Council sharing powers with an elected parliament will weaken the democratic experience?
A: Changing the Consultative Council into a Shoura Council is to compensate for the lack of qualified and specialized elements that are not there in the parliament. I think this is in favor of democracy. The current Consultative Council consists of a number of opposition leaders and qualified social personalities whose participation in the decision making will ensure wider participation of different social segments. The Shoura Council will be strategic complementary to the parliament, besides its function in offering consultancy to the President. What we further need in this regard is the representation of all governorates, political parties and intellectuals in the Shoura Council.
Q: What are the justifications for giving the President and Parliament the right to propose amendment of one or more articles?
A: Article 156 makes it very complicated to make any amendments. It is right that the constitution articles must be protected from repeated amendments, but this does not necessitate all those complications specially if amendments are meant to develop means of joint work among the state powers and do not impinge on the constants.

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