Chapter X. Transitional Provisions
Arrangements of Powers
Article 415
The President of the Republic shall continue exercising his functions and powers until the President-elect swears the constitutional oath in accordance with the provisions of this constitution.
Article 416
All State institutions and executive bodies shall continue to exercise their functions and competences in accordance with the provisions of the laws in force until a review thereof in accordance with the provisions of the Constitution.
Article 417
Existing laws in force shall continue to exist and shall not be annulled or amended, except in accordance with procedures set forth in this Constitution, unless explicitly conflicting with the provisions of this Constitution.
Article 418
The presidential system of governance may be reviewed after two legislative cycles in accordance with the amending procedures prescribed in this Constitution.
Judiciary
Article 419
All judicial authority entities, existing prior to the entry into force of this Constitution, shall exercise their functions and powers in accordance with the laws in force until organized in accordance with the provisions of this Constitution.
Legal Arrangements
Article 420
Following the entry into force of the Constitution, the following laws shall be enacted:
- Elections law.
Regions Law. Judicial Authority Law. Constitutional Court Law. Transitional Justice Law.
Sequencing of elections
Article 421
Elections for the federal House of Representatives, the Federal Council and the Houses of Representatives of the regions shall be held at the same time within a period of no more than one year from the entry into force of the Constitution. Preparation for the presidential and local elections shall be undertaken within six months from the date of announcement of the election results.
Article 422
The elections law shall provide for measures leading to representation of women and youth in the legislative authority in accordance with the provisions of this constitution.
Article 423
The region’s House of Representatives shall elect the governor of the region by a majority of two thirds of its members in the first electoral cycle. The Constitution of the region shall determine the permanent mechanism for the election of the governor.
Article 424
The representation of the South (regions of Aden and Hadhramout) in the first electoral cycle shall be 50% in the federal legislative authority and all leadership structures in the legislative, judiciary and executive bodies including the army and security.
Article 425
During the first electoral cycle, inequality in the civil service and armed and security forces at the federal level shall be addressed through laws and institutions to ensure the elimination of discrimination and the realization of equal opportunities for all Yemenis. For addressing the disparities in representation in employment, southerners (the two regions of Aden and Hadhramout) shall have priority in hiring for vacant jobs, qualifying and training in the civil service and the armed forces and security. Appointments shall respect the requirements of the civil service relevant to skills and qualifications. No employee shall be dismissed arbitrarily.
The First Composition of the Constitutional Court
Article 426
As an exception from the provisions of article 329, the President of the Republic, within a period not exceeding sixty days from the date of entry into force of the Constitution, shall issue a decree to establish the Constitutional Court in accordance with the criteria and terms mentioned in the same article of this Constitution.
Article 427
Mid-term renewal of membership shall take place in the first composition of the Constitutional Court after the elapse of five years in accordance with the provisions of the this Constitution.
The Body Monitoring the Implementation of the Constitution
Article 428
- An independent national body to monitor the implementation of the Constitution shall be formed composed of no more than twenty members, within a period not exceeding thirty days from the date of entry into force of the Constitution, by a decree issued by the President of the Republic for the period of the first electoral cycle. The term of the body may be renewed for another cycle by approval of the Federal Council.
- The body shall assume the following powers:
- Sets a timetable for the implementation of arrangements relevant to the building of the federal State.
- Propose programs for capacity building of public administration at various levels of governance and monitoring thereof.
- Monitors the implementation of the outcomes of the National Dialogue pursuant to timetables in its action plan, including the issue of the rights of South Yemen.
- Provides recommendations to the relevant authorities as needed.
- Publication of reports for the public on progress made in the implementation at least once every six months.
- Exercises any other tasks as stipulated in the decree of its establishment.
Article 429
The National Revenue Fund shall be established within six months from the election date for the federal and regional legislative authority.
Article 430
The Ministry of Finance shall exercise the functions of the National Revenue Fund until such time the Fund is established in accordance with the provisions of the Constitution. The Ministry of Finance shall divide the shares of all regions, wilayas, districts and the cities of Sana’a and Aden as stipulated in the principles set forth in Article ).
Article 431
Anyone who upholds legal barriers that preclude him or her from being held accountable or prosecuted by the judiciary may not run for the office of the president or for the legislative authority or to assume any executive or judicial office at any level of government.
Establishment of the Transitional Justice and National Reconciliation Commission
Article 432
The State, in accordance with a national policy, shall be committed to take measures ensuring the realization of transitional justice and national reconciliation that guarantees:
- The revelation of the truth about human rights violations in the past.
- To prevent impunity from accountability for violations and the introduction of accountability mechanisms of individuals and institutions responsible for the violations.
- Recognition of the victims, reparation and equitable compensation for the victims.
- The reforms of institutions which committed violations.
- That such violations will not be repeated.
Article 433
A transitional justice and national reconciliation law thats meets international standards shall be enacted within a period of no more than three months from the date of entry into force of this Constitution.
Article 434
A “Transitional Justice Commission” shall be established pursuant to the “Transitional Justice and National Reconciliation Act”. The law shall provide for its competences, mechanisms of work and conditions for qualifications of its members to ensure impartiality, independence and competence.
Article 435
The State shall be committed to complete the treatment of those wounded in the popular peaceful youth revolution and the peaceful Southern movement and shall care for their families and the families of martyrs and shall eternalize this in the national memory.
Article 436
An independent national body shall be established to recover lost assets, whereby the establishment law shall regulate relevant provisions to the body.
Article 437
All State institutions, organs, authorities and public administration shall adhere to the application of provisions of good governance and the foundations and principles of public management and shall furnish financial disclosures immediately upon the entry of this Constitution into force.
Compensation Fund (Reparations)
Article 438
A compensation fund shall be established by law and shall be subject to the supervision of the Justice and National Reconciliation Commission.
Article 439
The State shall be committed to recover all public funds and looted public and private land, including those which were disposed of through abuse of power. Owners of private properties shall be compensated for the period they were deprived of the use of their property. Addressing the impacts of the nationalization law shall be completed equitably.
Article 440
The State shall be committed to vacate military camps and weapons depots located in cities and urban areas.
Article 441
The State shall endeavor to disarm armed groups and militias in accordance with a specific timetable.
Article 442
The State shall review all offshore and coastal investment agreements, which have harmed the environment and violated the right of people to live in a healthy and sound environment.
Establishment of Funds
Article 443
A fund for the reconstruction of the South shall be established under a law that shall regulate management thereof and defines its functions according to a timetable for the implementation to start in accordance with a specific time schedule.
Article 444
The Sa’ada reconstruction fund shall endeavor to compensate affected people, according to a specific timetable for the implementation to start within a year from the date the Constitution enters into force.
Article 445
The State shall be committed to address the effects of all wars in Sa’ada and in all areas and shall take necessary measures to realize that in all spheres, particularly in respect for employment rights, students, farmers and the displaced.
Article 446
The State shall be committed to complete the implementation of the twenty points and the eleven points according to a specific timetable.
With the Grace of Allah
Drafted by the Constitutional Drafting Committee (Draft of 15 Jan 2015)
