Proposed Constitutional Amendments [Archives:2000/37/Law & Diplomacy]

The issue of Constitutional amendments have stirred conflicting views between opposition parties and both the ruling General Peoples Congress and the Yemeni Congregation for Reform (Islah).
The President had, in a letter addressed to the Parliament last month, proposed constitutional amendments in 15 articles of the Constitution plus one addendum to article 34. In his letter, the President furnished justifications for the proposed amendments which shall effect articles Nos. 10, 13, 61, 64, 86, 91, 92, 100, 107, 119, 125, 143, 152, 158, and 159.
The Yemen Times publishes texts of existing showing the actual provisions and the amendments proposed to be effected on them:-
Article 10: The State safeguards foreign trade and encourages home trade and investment which serve the national economy and, issue legislations which ensure protection of producers and consumers and, avail basic commodities for the citizens and, restrict monopoly and, encourage private capitals over investment in different fields of economy and social development according to the law. (Text in the Constitution)

Article 10: The State safeguards freedom of trade, encourages competition and protects investment which serves the national economy and, issues legislations ensuring protection of producers and consumers and, avails basic commodities for the citizens and, restrict monopoly and, encourages local and foreign capitals for investment in different fields of economy and social developments according to the law. (Amended text)
Article 13: Creation of general taxes, their amendments and revocation is to be through a law. No person is wholly or partly exempted from payment except under those conditions mentioned in the law. No person should be made to pay any other taxes other than those taxes, levies and general costs mentioned in the law. (Text in the constitution)
Article 13: Creation of general taxes, their amendments and revocation is to be through a law. No person is wholly or partly exempted from payment except those in the mentioned conditions. No person should be made to pay any other taxes other than those taxes and general costs mentioned in the law. The law defines ways of creation of levies and conditions of exemption from payment as well as measures for collection and ways of expenditure. (Amended text).
The proposed amendments read that a clause shall be added succeeding Article No.34 of the Constitution to be as under:
To preserve general cleaning and to protect environment from pollution are the responsibility of the State and the society. It is a religious and national duty of all citizens. (Amended text).
Article 61: The Parliament is the legislative authority of the State. It resolves laws, States general policy, the general line for economic and social development and budget and final accounts. It also studies the directive and supervision on function of executive body as stipulated in this Constitution. (Text in the Constitution).
Article 61: The Parliament is the legislative authority of the State. It resolves laws, States general policy, the budget and final accounts and also supervises the performance of the executive body as stipulated in this Constitution.
With the participation of the Shoura Council, the Parliament, in a joint meeting, shall resolve the States general lines, the economic and social development. (Amended text).
Article 64: The term of office of the Parliament is four calendar years starting from its first meeting. At least sixty days before the expiry of Parliaments term of office, the President of the Republic shall call upon the electorate to elect a new Parliament. Should this not occur owing to a certain force majeure, the Parliament shall continue to function with its constitutional powers until such circumstances disappear and a new Parliament is elected.
Article 64: The term of office of the Parliament is six calendar years starting from its first meeting. At least sixty days before the expiry of Parliaments term of office, the President of the Republic shall call upon the electorate to elect a new Parliament. Should this not occur owing to a certain force majeure, the Parliament shall continue to function with its constitutional powers until such circumstances disappear and a new Parliament is elected. (Amended text).
Article 86: Resolution by the Parliament of general lines of economic and social development shall be according to a law. The law defines ways of preparing such a line and submit it to the Parliament.(Text in the Constitution).
Article 86: Resolution of a general line for economic and social development shall be according to a law which would define ways of preparing such lines and which shall be submitted to the joint meeting of the Parliament and the Shoura.
Article 91: The Parliament sanctions political, economic and international treaties and accords whatever be its shape or standard particularly those related to defense, alliance, reconciliation, peace or amendment in the border or those bearing financial commitment on the State and those the implementation of which necessitates issuance of a law.(Text in the Constitution)
Article 91: The Parliament sanctions political, economic and international treaties and accords of general nature whatever their shape or standard or those which bear financial commitments on the State or those implementation of which necessitates issuance of a law. The Parliament also sanctions through a joint meeting with the Shoura Council legislations, treaties and accords concerning defense, alliance, reconciliation, peace or amending of borders. (Amended text).
Article 92: The Parliament has the right to direct and recommend to the Government on general issues. Should the Government fail to implement such directives, it should furnish reasons to the Parliament for not complying with those. (Text in the Constitution)
Article 92: The Parliament has the right to submit recommendations to the government on general issues. Should the Government fail to implement such recommendations, it has to give reasons for that. (Amended text).
Article 100: The President of the Republic has no right to dissolve the Parliament unless he finds it necessary and after arranging a referendum over the reasons he established the dissolution. Then the President issues a resolution on suspension of Parliament sessions and holds a referendum within 30 days. If the majority of voters favored dissolution, the President issues a resolution to this effect. The resolution should include a call to the electorates for electing a new Parliament within sixty days time from the date of announcing the results of the referendum. Should the resolution for dissolution not cover a call for election and if an election is not held, the dissolution shall be treated as null with the Parliament meeting with full constitutional powers if a referendum is not held within 30 days or the referendum does not score the required majority. Should elections be held, the new Parliament should meet within the next 30 days from the date of elections. If not called for a meeting, the Parliament shall meet by the end of the said ten days according to the Constitution. The new Parliament cannot be dissolved for the previous reason. (Text in the Constitution)
Article 100: The President of the Republic has no right to dissolve the Parliament unless he finds it necessary to do so. The resolution for dissolution should cover the reasons on which it has been based. It should also include a call to the electorates to elect a new Parliament within 60 days from the date of issuance of the resolution on dissolution. If the resolution does not include a call, or the elections are not held in the specified time, the resolution is treated null and the Parliament shall meet with the force of the Constitution. If elections are held the new Parliament meets within the next ten days from the elections. If not called to meet the Parliament shall meet with the force of the Constitution by the end of the ten days referred above. The new Parliament cannot be dissolved for the previous reasons. In all cases the new Parliament cannot be dissolved during the convention of its first session.
(amended text)
To be continued in the next issue.

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