Local Administration Bill, MPs and the Constitution [Archives:1999/42/Law & Diplomacy]

Dr. Saadaldeen Talib
Member of Parliament
After a long wait and much political wrangling, the “Local Administration Bill” finally made its way into the parliament floor for discussion and approval. The ” Local administration Committee” in parliament has put in a lot of effort to finalize its report. The People’s General Congress(PGC) parliamentary block was also very much involved in discussions with its government to widen the scope of jurisdiction of local councils to make them more effective and instrumental in decision-making at local levels.
All major political personalities, press columnists, social activities had expressed their views and enriched the discussions. More prominently, the presidential election campaigns focused on the local administration issue. After winning the elections, the president gave statements that the law will be enacted and the local elections will be held in the near future. The stage was set and with much expectation, the Parliament began its debate. The ray of hope for improvement suddenly diminished as a result of the obstinate resistance to change. Differences of opinion soon surfaced when the article of definitions (article 2) was debated. The majority of MPs had suggested amendments to the definition of “Head of administrative unit” (i.e. governor, district director) to be ELECTED. The parliament presidium objected and the article was postponed. It was apparent diving the discussions of other articles that the issue of “election” or “appointment” of governor and district directors was the crucial issues in the bill and that it was necessary to settle it before continuing the debate.
The MPs initiating the amendment motion had a strong argument in accordance with the constitution which stated clearly that governors and district directors are to be elected persons.
The constitution contains a section entitled “Local Authority Organs”-articles 143 to 146. Article 143 , read that the legislated act should define the division of administrative units, the procedure of nomination AND election AND selection of its directors (i.e. governors and district directors.) It is the interpretation of this article that has caused disagreement among MPs on the one side and parliament presidium and government on the other. The argument of the government that “selection” in the article allows “appointment” is difficult to digest. The word “appointment” has appeared many times in the constitution. But ‘selection’, it is argued, meant selection from those elected to local councils. This argument is strengthened by Articles 4 and 144 where it is clearly stated that local councils are “elected” directly by the people.

The constitution did not exempt the directors of local councils from such elections but merely allowed the contract authority to select from elected members of local councils, its directors.
The debate has assumed proportions of an important constitutional issue and it is in effect testing the will and courage of many MPs to abide by the constitution in its straight- forward directives against political allegiances; preserving the sanetity of the parliament presidium, from the possible outrage by political heavy weights and other far-fetched interpretations.
The matter touches on the basic right of citizens to elect governors and district directors who directly control their lives and well-being . This is a constitutional right. It is painful and sad to think that MPs are requested to eventually execute the nullification of a basic right of the very same citizens who elected them to the parliament.
The government has its reasons in tracing the election of governors and district directors, but these reasons do not tantamout to a constitutional breach.
Other solutions should be sought without violating the provisions of the constitution. In has taken Yemen many decades to arrive at this point of constitutional stability and many have sacrificed their lives defending the rights of Yemenis to serve freedom, democracy, law and order as well as the right of the people to elect their representatives for public posts.
We can not affored to overlook the fact that officials and MPs are sworn in to uphold the constitution and to serve the interests and safeguard the freedom of the people.
There are other important issues in the ‘ Local Authority Bill”, such as the powers and jurisdiction of local councils at governorate and district levels, in addition to their financial resources. These matters have not been debated yet. We first have to overcome the first hurdle, safely, peacefully, in a democratic manner and most importantly, with fthe framework of the constitution.
The constitution did not exempt the directors of local councils from such elections but merely allowed the contract authority to select from elected members of local councils, its directors.
The debate has assumed proportions of an important constitutional issue and it is in effect testing the will and courage of many MPs to abide by the constitution in its straight- forward directives against political allegiances; preserving the sanctity of the parliament presidium, from the possible outrage by political heavy weights and other far-fetched interpretations.
The matter touches on the basic right of citizens to elect governors and district directors who directly control their lives and well-being . This is a constitutional right. It is painful and sad to think that MPs are requested to eventually execute the nullification of a basic right of the very same citizens who elected them to the parliament.
The government has its reasons in tracing the election of governors and district directors, but these reasons do not tantamount to a constitutional breach.
Other solutions should be sought without violating the provisions of the constitution. In has taken Yemen many decades to arrive at this point of constitutional stability and many have sacrificed their lives defending the rights of Yemenis to serve freedom, democracy, law and order as well as the right of the people to elect their representatives for public posts.
We can not afford to overlook the fact that officials and MPs are sworn in to uphold the constitution and to serve the interests and safeguard the freedom of the people.
There are other important issues in the ‘ Local Authority Bill”, such as the powers and jurisdiction of local councils at governorate and district levels, in addition to their financial resources. These matters have not been debated yet. We first have to overcome the first hurdle, safely, peacefully, in a democratic manner and most importantly, with the framework of the constitution.

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