Constructive Suggestions to the Prime Minister on His Government’s Pledge of Accountability [Archives:1999/17/Law & Diplomacy]

I must say that the statement made by the Honorable Prime Minister, Dr. Abdul Karim Al-Iryani, regarding his pledge to be held fully accountable, is an excellent one. I heartily congratulate him for the bold move as accountability of government is an assurance to rectify intentional and/or unintentional crimes committed by several high-ranking officials. I hope our Honorable Prime Minister fully understands the commitment he has made.
Our Honorable President, Ali Abdullah Saleh, exerted excellent efforts to establish friendly relations with almost all highly modernized, industrialized and leading countries of the world in all the beneficial areas.
The President and his colleagues have also shown great interest in developing the Republic of Yemen by enticing the world to assist and invest in Yemen.
The recent inauguration of the Aden Container Terminal is an achievement which, with the full cooperation of all sides, shall be a success. I strongly believe that the Aden Container Terminal has every factor necessary for success, and will succeed by the will of God and the support of the Yemeni People and our vigilant leader, President Ali Abdullah Saleh.
I beseech our Prime-Minister, with the full cooperation and support of all Yemenis, to weed out the mischievous acts and blunders of a few selfish people. The work of these few people will hamper the potential progress of the Aden Container Terminal if we let them. Therefore, I feel that implementation of the above-mentioned pledge of accountability will be an important indicator of the orientation of our government.
I mean that instant accountability ought to be exercised when and where necessary, with no discrimination or favoritism, and without paying any heed to who the violator is.
In order to show the fields where accountability is most needed, please allow me to point to the following:
1. Illegitimate Use of Armed Force (Armed Squads):
It is regrettable to note that in Yemen, in general, and in Aden, in particular, our people have suffered a lot since 1994 because of violent clashes and the break-down of law and order. In some governorates, the rule of law and order has fallen to nothing. The strong in our society are able to wipe out the weak. Unfortunately, I personally suffered from this situation as I was the weaker side in a showdown with an adversary. My personal property was raided and captured in an attack by an armed gang. I persevered, and after four years of continuing battles, I managed to retrieve part of my usurped properties. But nothing happened to the violators – no accountability. It is as if nothing has happened, although I incurred a high cost. Who is to hold the violators accountable? It requires many honorable men and women, and a system with integrity.
Those forces with arms were from the army and tribes. Surely the vehicles used were of the army. So, who is to blame?
2. The Presidential Decree:
The decree directing the return of commercial properties to their original owners after twenty years of nationalization was another problem. Although it was seen as a blessing and an achievement, too many wrong actions have been committed by officials and subordinates in executing its directives. In fact, the officials used this law to make lots of money for themselves, and no action has been taken against them. No accountability. Why?
3. The Law Declaring Tenants to be Owners:
A law is a law. It has to be respected and executed. If it is not suitable, it has to be repealed by law. It should not be subject to the whims of officials, or of some courts of law.
There are cases where title-deeds of ownership under the said law were not respected, and in fact abused by some officials. They go on abusing the system so long as there are no deterring measures exercised against them, and no accountability. The question is, until when will this end?
4. Corruption:
Corruption is a major evil, and it is more evil to propagate it. If our Prime Minister really cares for the welfare of Yemen and the Yemeni people, fighting corruption must be his top priority. It should be stemmed out of security, administration, judiciary, and, and, andÉ
Integrity and honesty cannot co-exist with corruption. It is either one or the other. I believe there are many good and qualified citizens, if rightly chosen, to help us march towards achieving our noble goals. Laws incriminating corruption will only collect dust if not implemented in full. Sentences need to be passed against the criminals, no matter who they are. Not even the simplest work can be done right now without paying bribes. What a pity!
5. Security:
It is vital and essential that law and order prevail if we really want Yemen to flourish. Where there is tranquility, safety, and security, there will be rational and sound thinking, as well as long-term planning.
Security along with a fair judiciary are the foundations of life and prosperity. But the question is how to maintain security in the midst of so many discrepancies. There is a saying: “Where there is a will there is a way,” and I hope that “will is there.” The problem is where and how to start. I strongly believe that there ought to be a “purge” amongst the high-ranking officials throughout the security channels with no exceptions. No abrupt action is needed, a gradual process can do it, but we have to start at once.
On the other hand, to avoid un-desirable repercussions, those who are to be flushed out should be compensated for “services” and where it is possible, alternative secondary posts may be arranged.
Finally, some of the very corrupt, arrogant and relentless officials need to be put on trial to serve as a deterrent to others.
6. Judiciary:
This is the cream of the garland in the crown on the forehead of Yemen. It is very conspicuous, and it is the first thing investors and even ordinary visitors look at. If any inadequacy is noted, it will reflect itself on the image and reputation of the regime. Foreign, Arab or other investors will not venture with their money because of corrupt judiciary coupled with defective security.
Inability and improper dispensation of justice may be caused by many factors – insufficient or inadequate knowledge, or corrupt personalities.
The state must organize concentrated refresher courses either locally or abroad. The state must print court decisions so that a judge’s decision will be seen and watched by his/her peers.
7. The Place of Advocates:
There is much to be said concerning the law relating to advocates. I pray for an open heart and considerate patience. There is one consideration which weighs heavily in the calculations of local, Arab and foreign investors, who are very eager to invest their capital in Yemen. Their fear is that a genuine right of defense, the proper and unbiased right to judicial litigation, application and execution of the prevailing laws will not be allowed.
First of all, investors seek strong lawyers who are universally renowned as members of the Bar Council, whether locally, within the Arab world, or universally. If these lawyers are backed-up by the state by giving cognizance to their status, independence, and immunity, the investors will feel more comfortable in investing their huge capital. But, in a country where a lawyer needs to be helped and defended, investors will not come. Thus, the prestige of lawyers is an indicator of respect for law and order.
I strongly suggest that serious and thorough reconsideration of the constitutional rights of Yemeni lawyers in the light of the rights of their peers ought to be made. Such thinking should be made fast and soon with a genuine drive to amend the current law concerning lawyers. This is because the Republic of Yemen has already stepped over the threshold onto the grounds of investment, and has opened a very big gate to welcome the huge ships entering the Aden Container Terminal. If this succeeds, many aspects will be explored, idle hands will find work to do and tranquility will prevail.
8. Repeated and Surprise Field Visits:
There is a need for field visits. This has to be adopted methodically and effectively by the officials and experts with the power to demand instant accountability.
In the recent past, the President has engaged in some field visits which have achieved a lot of success. Now this has to be generalized. Ministers, governors, commanders and other senior officials must pay repeated and unannounced visits to field offices.
9. Foreign Aid:
There are no more secrets to hide, especially not from the donor countries and international sources of financing. Our country suffered and continues to suffer a lot from many abnormalities. We have been crippled by inept and greedy officials.
Even the foreign assistance that comes to the country is mostly eaten up by officials who have become middlemen. Many projects are mishandled, thus depriving our people of badly needed services. The generosity of foreign donors is compromised by such abuse.
I do not wish to dwell more on the details of this matter, but I beseech our prime minister to do his utmost, with the help of honest officials who care about the welfare of Yemen, to see that this aid does reach the correct Governorate and is honestly utilized for the purposes set forth by the donor. Then accountability should be observed and maintained to guarantee that the project achieves the desired goal.
I believe the Honorable Prime Minister has all the information he needs to take action. All that I can say is that it is about time to take decisive measures. Of course, fighting such major irregularities requires a strong approach. Such a package must include better salaries and allowances for the public employees. I feel very confident that he has the formulas to address this important issue.
Mohamed Shafi A. Karim,
Crater, Aden.
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