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$Unique_ID{COW02700}
$Pretitle{383A}
$Title{Yemen Arab Republic (North Yemen)
Chapter 3B. Contemporary Government and Politics}
$Subtitle{}
$Author{Laurie Krieger}
$Affiliation{HQ, Department of the Army}
$Subject{government
president
national
tribal
constitution
local
yemen
law
north
salih}
$Date{1985}
$Log{Table B.*0270001.tab
}
Country: Yemen Arab Republic (North Yemen)
Book: The Yemens, An Area Study: North Yemen
Author: Laurie Krieger
Affiliation: HQ, Department of the Army
Date: 1985
Chapter 3B. Contemporary Government and Politics
Political Institutions
On September 26, 1962, the day of the military coup that ended the
millennium-long rule of the Zaydi imams, the Revolutionary Command Council
(RCC) proclaimed itself the country's executive organ, and two days later the
RCC established the country's first council of ministers. On October 31, 1962,
the RCC proclaimed a transitional constitution to be the legal basis of the
new republic for a maximum five-year period while a permanent constitution was
being drafted; this 1962 document has become known as the country's first
constitution. It defined the legislative functions of an independent national
congress, in practice amounting to joint meeting of the RCC and the cabinet.
Under Egyptian guidance, the RCC prepared a permanent constitution well
ahead of the five-year deadline, but its publication on April 28, 1964, was
greeted with resistance. On May 8, 1965, another transitional constitution was
proclaimed; it changed the RCC to the three-member Republican Council and
provided for an expanded ministerial system and an advisory body, the
Consultative Assembly. After the Egyptian withdrawal and overthrow of
President Sallal in late 1967, this 1965 document continued to be the primary
legal basis of the new regime established by Iryani. Many of the framers of
the 1965 transitional constitution were members of the new government. It is
notable because it was the first constitution drawn up solely by North
Yemenis.
President Iryani promised that a permanent constitution would be drafted
as soon as possible, but it was not until after the end of the civil war that
a new draft was made public. In his role as chairman of the Republican
Council, Iryani proclaimed the new constitution on December 28, 1970 (see
Postwar Reconciliation under Iryani, this ch.). But it had been in effect for
only two and one-half years-and few laws had been formulated to implement its
proposals for new institutions-when on June 13, 1974, Iryani was deposed by
Hamdi. The constitution was suspended, and the MCC assumed all legislative and
executive functions. On June 19, 1974, another provisional constitution was
decreed that asserted a legal basis for Hamdi's coup d'etat. Hamdi promised a
new permanent constitution within a year, but by mid-1985 neither he nor his
successors had fulfilled this promise, and the 1974 provisional constitution
apparently remained in effect.
Like the 1970 constitution, the 1974 document asserts the Arab and
Islamic character of the nation and proclaims sharia as the source of all
laws. The fundamental rights and duties of citizens are defined in some
detail. It places the MCC at the apex of the governmental system but defines
the judiciary as independent, there being "no authority over it except for the
law." Article 19 asserts that "during the transitional period action shall be
taken to restore constitutional and democratic life on sound bases in view of
the need to provide the Yemeni people with a dignified life and a bright
future."
Hamdi had dissolved the Consultative Assembly in October 1975. His
successor, President Ghashmi, formed a new advisory organ, the PCA, in
February 1978. This 99-member body was appointed by the MCC. With the
dissolution of the latter in April 1978, the PCA named Ghashmi president for a
five-year term. In May 1979, its membership, all appointed, was expanded to
159 persons.
In mid-1985 the president stood at the apex of the governmental system,
advised by a consultative council and assisted by a president's office, which
was established in 1983 (see Political Institutions, this ch.). Formally
designated by the PCA, Salih served a five-year term as president between 1978
and 1983. The president appointed the prime minister, who headed a council of
ministers that in mid-1985 consisted of 23 cabinet-level members (see fig. 8;
table B). There was a vice president, who in mid-1985 was Arashi.
Aside from formally nominating the president, the PCA had the function of
reviewing and conferring its approval on legislation drawn up by the president
and the council of ministers. Observers noted that as of mid-1985 it had never
attempted to assert its independence by opposing government measures. Its
apparent purpose was to serve as a transitional institution to be replaced
eventually by an elected parliament; although Salih had promised PCA elections
on several occasions after coming to office as part of the "completion of the
democratic process in the Yemeni arena," these had not been held by mid-1985,
and the PCA membership remained entirely appointed by presidential decree.
Municipal elections were held, however, in 1979.
There were no legal political parties in the mid-1980s, and thus
opportunities for the populace at large to take part in the political process
were extremely limited. On October 24, 1982, however, Salih convened the
People's General Congress (PGC) to serve as an instrument for popular
political mobilization. In the words of a correspondent writing for the
Financial Times of London in November 1984, the PGC is "like a mass political
party, but officially not one; the president says he believes in "no party
government'."
The PGC's membership when organized in 1982 was 1,000 persons, 300 of
whom were appointed by the government and 700 of whom were chosen in a
nationwide election that was carried out in two stages. In the first stage
2,100 persons were chosen from local constituencies, and in the second, 700
representatives to the PGC were chosen from among the successful first-stage
candidates. It is unclear how candidates were nominated or whether voters had
a choice of more than one candidate. Members were described in local accounts
as coming from all significant social groups, and they included a small number
of women.
[See Table B.: North Yemen: President and Council of Ministers, April 1985]
Salih assumed the title of secretary general of the PGC. At its first
meeting in late August 1982, the PGC elected 50 of the 75 members of its
Permanent Committee (the rest were appointed by Salih) and ratified the
National Charter of the Yemen Arab Republic, a document embodying Salih's
political priorities and goals. To publicize the charter, PGC committees held
meetings throughout the country. In August 1984 the organization held its
second national convention.
The National Charter, popularly known as the "blue book," is a 120-page
document that expresses the president's viewpoint on a range of topics related
to the nature and purpose of the North Yemeni state. It is divided into five
chapters: the first deals with ideology and Islamic law; the second with the
duties of the citizen, democracy, freedom, and "national unity as the basis
for Arab Yemeni unity"; the third with public administration, social justice,
and economic development; the fourth with national defense; and the fifth with
foreign policy. The National Charter appeared to be an instrument through
which Salih sought to give his regime legitimacy and ideological coherence at
a time when the country was deeply divided after the fighting with the NDF and
when unification talks were initiated with the more tightly organized and
disciplined South Yemeni regime.
Public administration in the modern sense did not exist in North Yemen
before the September 26 Revolution. Although Imam Yahya had set up a cabinet
in 1931, it had only one ministry, the