Yemen 2015 Draft Constitution

Chapter V. Lists of Legislative and Executive Powers

Section I. List of Powers

Article 334

The different levels of government shall enjoy certain exclusive powers and other joint powers that shall be shared between them, based on the provisions contained in this chapter.

Article 335

The Federal Authorities shall have the following exclusive powers:

1. Foreign affairs, diplomatic and consular representation and international conventions and treaties.
2. Defence affairs, including procurement, possession of weaponry, military manufacturing, general intelligence and the federal police.
3. Currency, printing of banknotes, monetary policy.
4. Foreign borrowings.
5. Nationality, citizenship, immigration and the entry and residence of foreign nationals.
6. Standardization, weights, measures and scales.
7. Customs, export fees and regulation of foreign trade.
8. National statistics and population census.
9. Air navigation, civil aviation, meteorology and regulation of marine navigation
10. National infrastructure.
11. International and inter-regional highways including railways.
12. National electricity and national energy policy and various sources of energy, including nuclear power for peaceful purposes.
13. Radio & TV broadcasting and regulation of cyberspace.
14. The Postal service and regulatory standards of telecom and infrastructure thereof.
15. Intellectual Property.
16. National fisheries policy and regulation.
17. National agricultural policy and ensuring food security.
18. National policy and general standards for health, national health services, regulation of drugs and national strategic interventions in agreement with regions.
19. National education policy, quality standards, regulation of curricula, strategic educational projects and programs, academic certification standards and scientific research standards.
20. National environment protection and climate change policy.
21. National policy for drinking water supply and the national water policy.
22. National policy for culture, national heritage, libraries, museums and antiquities and sites thereof.
23. Basic general substantive, procedural and regulatory laws in civil, criminal, personal, commercial, economic and financial fields, and laws relating to the exercise of the exclusive powers of the federation.
24. Any other competence enshrined in the Constitution.

Article 336

The federal authorities and regional authorities shall exercise the following concurrent powers:

1. Youth affairs.
2. Women’s affairs.
3. Sports.
4. Population policy.
5. Social welfare and social security.
6. Civil service.
7. Establishing cities with special privileges.
8. Disaster response.
9. Estuaries of rain spates, maintenance and tapping thereof and construction of dams.
10. Scientific research.
11. Nature reserves policies.
12. Any other powers in accordance with the provisions of this Constitution.

Article 337

The regional governments shall have the following exclusive powers:

1. Promotion of economic development in the region.
2. Conclude agreements in the fields of trade and investment.
3. Infrastructure in the region.
4. Lands and real estates in the region.
5. Maritime fishing, except for powers included in the federal list.
6. Health policy and services.
7. Educational policy, education and training services.
8. Agriculture.
9. Regulation of utilization and use of water.
10. Policies, programs, projects and environmental management and conservation.
11. Tourism.
12. Roads and transportation within the region.
13. Seaports and airports.
14. Regional police.
15. Zakat and endowments.
16. Telecom services.
17. Culture, organizing libraries, museums and archaeological sites.
18. Regional statistics and surveys.
19. Legislations within the scope of their competences.
20. Natural reserves (protectorates).
21. Any other competences under the provisions of this Constitution.

Article 338

Exclusive powers of the wilaya and localities:

1. City planning, urban development, housing and land use.
2. Public utilities including water, sanitation, gas and electricity.
3. Parks and recreational facilities, cultural centers, libraries and museums.
4. Civil defense.
5. Local police.
6. Local roads and bridges.
7. Regulation of markets and business licenses.
8. School construction and private education licensing.
9. Basic healthcare and provision of health services in cities and rural areas.
10. Medium and small enterprises.
11. Nurseries, senior citizens homes and orphanages.
12. Traffic regulation and parking.
13. Transportation in urban and rural areas.
14. Cooperative societies, charitable foundations and fishermen and farmers associations.
15. Domestic tourism.
16. Safe waste disposal and processing.
17. Local agricultural development, conservation and exploitation of fishery wealth.
18. Local public works.
19. Regulation of construction activities.
20. Legislations within the scope of their competences.
21. Any other power under the provision of this Constitution.

Article 339

Within the scope of joint legislative competences the role of the federal authorities shall be limited to the development of standards and public policies to ensure the level of services. The regional authority shall exercise full competence in the absence of a federal law.

Article 340

In cases where federal authorities have exclusive competence for the development of policies on a certain matter, its power shall be limited to the development of policies necessary to ensure proper implementation of this Constitution, adoption of uniform standards of services across the federation, achievement of comprehensive economic development and maintaining public health or national security.

Article 341

Powers that are not allocated to a specific level of the government shall be within the scope of powers of the regional authorities.

Article 342

When a regional law conflicts with a federal law, the provisions of the federal law shall prevail in the respective area.

Article 343

Each authority at any level of government may devolve some of its powers to any other level conditional on the approval of the authority accepting those powers; and in any case, no authority may grant a general mandate for all its powers.

Article 344

Policies and standards approved by federal legislation shall be binding on all levels of Government.

Section II. Intergovernmental Relations

Article 345

All authorities, organs and institutions of the State within the federation, regions, wilayas, and districts shall work in accordance with the following principles:

1. Maintainence of the interests of the people, the unity, integrity, independence, and sovereignty of Yemen, and the republican, democratic and federal system.
2. Adhere to constitutional and legal powers and functions and shall not infringe upon them.
3. Cooperation, consultation, and coordination on an ongoing basis and promotion of mutual trust between them.

Article 346

The federal government may not intervene in the scope of the powes and authorities of the regions and wilayas, unless necessary and in the following exceptional circumstances:

1. To protect the security of society.
2. To ensure basic common standards of the State.
3. To protect a region from intervention by another region.

Article 347

The intervention by the Federal Government in the circumstances prescribed in Article 345) above requires the approval of the Federal Council following consultation with the legislative and executive authorities in the respective regions and that shall be regulated by Federal law.

Article 348

A federal law shall define the rules governing the relationship between the different levels of government, and the settling of disputes that may arise between them.