REPUBLIC OF YEMEN
Draft 1
18.6.2011
Introduction
The Civic Coalition for the Revolutionary Youth (CCRY) presents this draft proposal for the National Transitional Council (the Council) for the Republic of Yemen with the hope that this proposal will encourage the discussion between all the revolutionaries in order to arrive at a draft which receives the concuss of all. The presentation of this draft stems from the belief – by the CCRY- that the revolutionaries should take the initiative in this decisive historic point in time; so that they can complete their revolution without having to wait for any other party.
This proposal is not meant to be a final document but a draft for invoking discussion and reaching consensus. While we confirm the significance of reaching in-principle consensus on the details of the Council, we would like to confirm, at the same time, that any further delay and getting bogged down in the details in order to arrive at a perfect document, doesn’t serve the cause, but rather serves the regime. This may lead to serious political, security, economic and social consequences which no one can foretell.
Kindly send us your comments, suggestions to the following email: ntcyemen@hotmail.com; or you can post your comments on the CCRY page on Facebook: CCRY.YE.
Justifications for the Council
1. The country is experiencing a real constitutional vacuum due to the absence of the State’s authorities.
2. Absence of a central government which can preserve the country’s integrity and provide basic services while managing the nation’s economy by providing resources to the governorates and districts, maintaining security in the country and protecting the country from any foreign threat.
3. Most of the Yemeni governorates are actually out of the control of the regime and the delay in the establishment of a transitional council to manage these governorates will increase the possibilities of their secession or experiencing an economic downfall and lawlessness.
4. Lack of a unified political leadership for the revolution, which is representative of all Yemeni people and receives the support of all Yemenis, capable of managing the country and providing a real alternative which assures the neighboring countries as well as the rest of the world.
5. Due to the economic mismanagement of the pre-revolutionary regime, and the recurring crises created by the regime during the revolution, the country is now on the verge of economic collapse as can readily be seen in the economic indicators of the country and the negative growth registered by the GDP, rising unemployment, devaluation of the Yemeni Riyal, high inflation rates, increasing poverty rates and lack of basic services.
6. The frictions within the military and security organization and centers of military power, a situation which is now pausing a threat of a destructive civil war if such frictions continued.
The above justifications are the realities in Yemen today and not a hypothetical futuristic scenario. This is why the immediate formation of a transitional council is an urgent matter and the only option at this stage in time. Despite the fact that this option, which has been a point of consensus by all revolutionaries, pauses some risks. Any other option, or the status quo, would be a precursor for an even more catastrophic situation.
Vision
To lay the ground for a civic , modern and democratic state which can interact with the realities of the modern world on the basis of equal citizenship, human rights, social justice, a plural political system, the freedom of expression and opinion and the peaceful transfer of power.
Mission
Achieve victory for the Revolution in Yemen and manage the country during the transitional phase up to the holding of free and fair elections under a new constitution for the country.
Objectives of the Council
1. To complete effort for the removal of Ali Abdullah Saleh and his corrupt regime and put on trial leading figures of the regime who have been involved in the killing of innocent people, the plundering of public funds and human rights violation.
2. Accord the Southern issue priority to arrive at a just historic solution for the issue to be found just and satisfactory by Southerners.
3. Accord priority to addressing the issue of Sa’adah, in a manner which would lead to the removal of the causes of the issue and heal the wounds left over by the six wars.
4. Formation of a transitional national government of capable leaders.
5. Drafting of a new constitution for a modern civic state which calls for the separation of powers, independence of the judiciary, peaceful transfer of power, neutrality of the military and security forces and ensures comprehensive and equitable development.
6. Retrieve all public funds looted and plundered to the treasury.
7. Establishment of special courts and or panels to redress the injustices committed against Yemeni citizens; retrieve their lost rights that have been plundered through tyrannical and violent practices of the previous regime; and compensate them for their losses.
8. Draft a new elections law which would complement the make-up of the new state,
9. Constitution of an electoral commission from amongst people of integrity and neutrality who are competent and had no involvement in the political conflicts of the past.
10. Restructuring of the Republican Guards, the Special Guards and the First Armored Brigade based on clear national and scientific principles. These units and all other units of the military shall be placed under one unified command structure falling under the responsibility of the Ministry of Defense and function according to the letter and spirit of the new constitution of the country.
11. Restructuring of the Central Security Forces along clear national and scientific grounds within the letter and spirit of the new constitution.
12. Restructuring and merging of the National Security Bureau, the Political Security Organization and the intelligence units within one national security organization which shall comply with the new constitution in letter and spirit and is subject to parliamentary oversight.
13. Review all the legislations and structures for combating corruption to improve performance and independence and to make them subject to parliamentary oversight.
14. Put on trial all those involved in the killing of protestors in the peaceful demonstrations and the southern movement, and war criminals in the Sa’adah war, as well as, compensate all the families of the martyrs in a just manner and redress their losses.
15. Allow those who have been fired from their jobs to return to their jobs in the various government organizations and grant them just compensation.
16. Neutralize the armed and security forces and organizations, develop them to serve their constitutional objectives and make them comply with human rights and civil liberties principles. Restructuring of the Ministry of Interior to ensure public scrutiny on its performance and function. Ban the creation of any military or security organization outside the law or under any organization which is not subject to parliamentary scrutiny.
17. Cancelation of all martial courts or extraordinary courts and release all political prisoners.
18. Dissolve the Ministries of Information, Culture and Endowment and replace them with independent national commissions to be staffed by people with known integrity, neutrality and competence.
19. Establishment of an elected High Judicial Council from amongst members of the Judiciary.
20. Hold parliamentary elections (or presidential elections if required by the new constitution), and local elections in a free, fair and transparent manner.
21. Withdraw the reservations regarding the submission of personal complaints to the United Nations on human rights violations and on all international conventions and agreements which Yemen is signatory to. In addition, all new conventions and agreements especially the Rome Principles for the ICC and special agreement for the protection of individuals from forced disappearance.
Functions of the Council
The Council is the political face for the peaceful, youth and popular revolution. It is the legitimate and only representative of the Yemeni people. The Council is the legislative and oversight authority of the country during the transitional period which shall not exceed one year.
The Council shall perform the following functions:
1. Set a transitional period which is initiated with a constitutional declaration for the revolution in which the functions, objectives and mechanisms of work for the transitional period are well-defined.
2. Appointment of a transitional government and oversight over its performance and accountability.
3. Appointment of governors and the governor of the Central Bank and have oversight over their performance.
4. Work to spread the power of the Council over all Yemeni territories.
5. Restore normality to the lives of the people, immediate reduction to their suffering and work for improving the provision of basic services.
6. Stabilization of the national economy.
7. Protection of the territorial integrity of Yemen.
8. Work to bridge differences between all people of the country including supporters of the previous regime, strengthen national unity and focus effort for the building of a new Yemen.
9. Supervise the National Salvation Army; appoint, transfer or dismiss military and security commanders to serve the neutrality of the armed and security forces and the principles of the revolution.
10. Make arrangements for the holding of free and fair elections for a National Assembly which will be entrusted with the task of drafting a national constitution for the country and offer it on a nation-wide referendum. No elections shall be called for or initiation of the drafting process of the new constitution unless all representatives of all governorates in the National Transitional Council are onboard.
11. Invitation shall be sent out for the convening of a comprehensive national dialogue conference to discuss the crises, problems of the nation; especially the problems in the South and Sa’adah.
12. Representation of the Yemeni People in all international organizations, and in other countries.
The Organization of the Council
1. The National Transitional Council shall be made up of 69 members with appropriate representation for women.
2. The Capital City Secretariat and the governorates shall have 3 representatives each in the Council. The Council shall select 6 members from the opposition abroad, economists and legal experts in accordance with the mechanisms detailed later in this document.
3. The members of the Council shall meet to the following conditions; on condition that no one shall run in upcoming presidential elections or become member of an upcoming government right after the transitional period:
a. Shall be a Yemeni National.
b. Shall have at least a university degree.
c. Shall not be less than 27 years old.
d. Shall not be one of the leading figures of the previous regime and involved in any of its crimes.
4. The Council shall have a president, two vice-presidents and a spokesperson to be elected through secret balloting in the first session of the Council.
5. The Council shall have the following committees:
a. Economic Affairs
b. Civil Rights and Liberties
c. Defence and Security
d. Political Affairs
e. External relations
f. Legal Affairs
6. The Council shall convene its session with a quorum of 50%+1.
7. Decisions by the council shall be made by a majority of the vote of those present.
Selection of Council Members
It must be understood that the holding of elections under current conditions is an impossible task for a number of considerations; most important of which is the need to constitute the Council as quickly as possible to protect the country from the looming collapse. The revolution has already identified a number of national figures with known integrity who have supported the revolution from the early stages and are believed to be the best choice candidates for membership.
The mechanism for the selection of members shall be as follows:
1. A plenary constituent conference shall be held to include all the following entities, residents of each governorate to select members of the council from each governorate. The conference shall be held in a safe city which is under the control of the revolutionaries.
A. 3 representatives of the independent youth who became known during the revolution.
B. 3 representative of the Joint Meeting Parties (JMP)
C. 3 representatives of the Southern Movement (for the southern governorates only).
D. 3 representatives of the “Houthies” (In Sa’adah , Hajjah and Al-Jouf only).
E. 3 representatives of the independent block of the GPC (General People’s Congress).
F. 3 representatives of Sheikhs and dignitaries from the governorate.
2. To ensure the participation of the opposition abroad and the inclusion of expertise, the council shall appoint, in its first session, six additional members with no consideration for their original governorates:
a. 2 members of the opposition abroad
b. 2 experts in economics
c. 2 experts in law and human rights
3. The Council, in its second session, may dismiss any of its members and call on the Constituent Assembly in the governorate of that member to appoint another person from the same governorate.
Protection of the Council
1. The Council shall be based in the city of (to be defined later) on a temporary basis until all conditions are suitable for its move to the capital Sana’a.
2. The Council shall function in the areas which have fallen to the complete control of the revolutionaries.
3. In the case of governorates which are not under complete control of the revolutionaries, the names of members of the Council shall remain secret until the Council solidifies control over the governorate to protect their lives and the lives of their relatives.
The Transitional Government (The Executive Arm of the Council)
1. The Council shall form a transitional government of persons with competence to carry out executive functions.
2. The Transitional Government shall be headed by a president and a vice-president to be appointed by the Council.
3. The Transitional Government shall be made up of the following Ministries. Ministers shall be appointed from outside the membership of the Council:
a. Economy
b. Defence
c. Security
d. Foreign Affairs
e. Local Administration
f. Health
g. Oil
h. Finance
i. Telecommunications
j. Education
k. Social Affairs
l. Electricity and Energy
