Proposed Constitutional Amendments Part 2-2 [Archives:2000/39/Law & Diplomacy]
Article No. 119 of the amendments stipulates
If some urgent issues have to be taken decisions on during periods of holding the parliament sessions or that during the period of its dissolution, the president has the right to take decisions that have the force of law on condition that they should not be contradictory to the constitution or estimates stipulated in budget law. Those decisions are to be presented to the Parliament when holding its first session. If they are presented and are not approved by the parliament, they will lose their force of law beginning from the date they are rejected or from the date the parliament set for that along with settling the impact entailed in the manner the parliament decides.
The proposed text is to cancel the whole article.
Article No. 125 of the amendments stipulates
A Consultative Council is to be established by a Republican Decree composing experts and competent personalities to extend the base of participation in opinion and to make use of national experts. The law is also to define provisions of establishing the Council.
The proposed text is:
A Shoura (Consultative) Council composed of experts and competent personalities is to be established by a Republican Decree to extend the base of participation in opinion and to make use of national experts. To carry out its duties well, the Shoura Council has the authority to:
a) Introduce studies and proposals that help the government implement its development strategies; mobilize social efforts to enhance the democratic approach; introduce proposals that help activate performance of government institutions and help solve social problems and deepen the national unity.
b) Introduce opinions and counsel to help draw up the states national and pan-Arab polices in political, economic, social, military and security fields to achieve objectives on both national and pan Arab levels.
c) Introduce opinions and counsel on policies, plans and programs pertaining to administrative reform; modernizing of government institutions and improving performance.
* In a joint meeting with the parliament, the Shoura Council endorses legislations, treaties and agreements pertaining to defense, alliance, reconciliation, peace, border amendments; approving economic and social development plans and any issues presented by the President to this joint meeting.
* The Shoura Council consists of 111 members to be appointed by the President other than MPs or those of local councils. Conditions required in the Shoura Council members are to be indicated by the law provided that members should not be less than 40 of age. The law also defines the privileges and rights enjoyed by Shoura Council members. They have to take a constitutional oath before the President. The Shoura council has to draw up a standing order to organize its work, way of holding its meetings and way decisions are taken. All this has to be passed in a law.
* The President of the Republic has the authority to ask for joint meetings of the Parliament and Shoura Council to discuss tasks to be carried out by the two parties. Decisions are to be taken in joint meetings with the majority of attendants. The law indicates other issues pertaining to Shoura Council and joint meetings.
Article No 143 of the amendments stipulates:
Territories of the Republic of Yemen are to be divided into administrative units whose number, limits, divisions and the bases and criteria depended in division. The law is to define the way of directors candidacy, election and selection as it defines their duties and that of units directors in these administrative units.
The proposed text is:
Territories of the Republic of Yemen are to be divided into administrative units. The law identifies their number, boundaries and the bases and criteria the administrative division is depended on. The law also defines the method of nominating and electing or choosing and appointing heads of those units. It also specifies their duties and those heading their administrative sub-divisions.
Article No. 156 of the amendments stipulates :
The President and the Parliament have the right to request amendment of one or more of articles of the constitution. In the amendment request, articles to be amended, reasons and justifications should be mentioned. If the request is presented by the Parliament, one third of its members should have signed it. In any case the parliament discusses the principle of amendment and gives decision by majority. If the request was refused, it is not permissible to re-amend the same articles from the date of agreement on the articles intended to be amended. If three quarters of the parliament approved the amendment, this should be put to referendum by the public. If absolute majority of voters agreed on that amendment, it should be effective from the date of announcing results of referendum.
The proposed amended text is as follows:
The President and the Parliament have the right to request amendment of one or more articles of the constitution. In the amendment request, articles to be amended, reasons and justifications for these amendments should be mentioned. If this request is presented by the Parliament, one third of its members should sign it. At all cases, the Parliament is to discuss the principle of amendment and take a decision in this regard based on the majority. If it was refused, request to amend the same articles should not be presented again before one year from the rejection date. If the Parliament endorsed the principle of amendment, it should discuss the articles proposed to be amended two months after this approval.
If three quarters of Parliament members agree on amendment, it would become effective in regards to articles chapters 3, 4, and 5 of the constitution. However, request to amend articles of the first and second chapters of the constitution, should be presented to the public for referendum after being endorsed by three quarters of Parliament members. If majority of the voters agree on these amendments, they become effective from the date of announcing results of the referendum.
Article No. 158 stipulates
The President of the Republic is to be elected for the first time after endorsing the constitutional amendment by the Parliament. Candidacy for the presidency should be approved by one fourth of the Parliament members. He who could gain majority of the MPs votes wins the President post.
The proposed article is to cancel this article.
Article of 159 of the amendments stipulates
The constitutional oath is to be taken by the President, vice-president, MPs, Prime Minister and other ministers of the government. The Oath text is as follows: I swear by the name of Almighty God to stick to the Holy Quraan and the Prophet Sunnah; to be faithful and loyal to the republican system; to respect the constitution, law; to fully take care of the peoples rights and freedoms; to uphold the unity of the country, its independence and to protect its territories.
The proposed text is as follows:
The constitutional oath is to be taken by the President, vice-president, MPs and chairman and members of Shoura Council. The oath text is as follows: I swear by the name of Almighty God to stick to the Holy Quraan and the Prophet Sunnah; to be faithful and loyal to the republican system; to respect the constitution, law; to fully take care of the peoples rights and freedoms; to uphold the unity of the country, its independence and to protect its territories.
* A new article is to be added to the fifth chapter after article 157 of the constitution.
* The two additional years to the parliament term in article 64 of the constitution is to be applied to the current parliament when endorsing this constitutional amendments.
The proposed text:
The two additional years to the parliament term in article 64 of the constitution are to be applied to the current parliament when endorsing this constitutional amendments.