Emad Salah Al-Sheikh Daoud / Professor of Public Policy and Editor-in-Chief of the Journal of the Court of Political Issues.
Introduction
On April 7, 2022, Yemeni President Abd Rabbuh Mansour Hadi issued his presidential declaration dismissing his deputy, Ali Mohsen al-Ahmar, and transferring power to a presidential council composed of eight men, in what is considered to be an undeclared resignation from his position. This follows the declaration of the armistice on the land of Yemen as a result of the efforts made by the UN envoy (Hans Grundberg) months ago, and it was implemented on April 2, 2022, for a period of two months, subject to extension after the approval of the Yemeni President on the one hand, and the Ansar Allah Houthi movement on the other hand… To include the cessation of all offensive military operations on and outside Yemeni territory, freezing military sites, entry of 18 ships loaded with oil derivatives into Hodeidah port, operating daily flights from Sana’a Airport to Jordan and Egypt and facilitating the movement of civilians to alleviate the suffering of the Yemeni people in the movement’s areas of influence after a difficult period of war and siege and the suspension of employee salaries caused a great humanitarian tragedy that needed major exceptional efforts to reduce its impact. All that obligated the United Nations to appoint authorized liaison officers to work under the umbrella of the Office of the UN Envoy, whose mission was to coordinate matters between the parties to the conflict.
- The constitutional umbrella of the announcement
President Hadi based his speech, known as the announcement of the transfer of power, “which is stigmatized as a sudden announcement by the Yemenis” on the provisions of Article (9) of the executive mechanism of the Gulf initiative, as follows:
“I announce the establishment of a Presidential Leadership Council to complete the tasks of the transitional period, and I irrevocably delegate the Presidential Leadership Council with all my powers in accordance with the constitution, the Gulf initiative and its executive mechanisms, and the formation of a body that brings together the various components to support the Presidential Leadership Council in its tasks.”
But it is noticeable in the announcement that the Yemeni Minister of Information read on behalf of the president (it is assumed that it came in accordance with the constitution) that it was mentioned without mentioning the constitutional article on which it was based. This suggests that it was stated as a temporary constitution that establishes a future era in the history of Yemen (if we may express it) because it actually empowered the new council with many important powers that we find no roots in the Constitution of the Republic of Yemen except for Article (124) of the constitution which states the following:
“The President of the Republic shall assist the Vice President in his work, and the President may delegate some of his powers to his Vice President.”
This is because the text of Article (1-b) of the declaration stipulates the following:
- Managing the country politically, militarily and security throughout the transitional period.
- Adopting a balanced foreign policy that achieves the supreme national interests of the state and builds it on the foundations of independence and common interests in a manner that preserves the sovereignty, security and borders of the state.
- Facilitate the government’s exercise of its powers in full during the transitional period. Adopting the necessary policies to enhance security and combat terrorism throughout the Republic of Yemen.
- Forming the joint security and military committee to achieve security and stability by adopting policies that would prevent the occurrence of any armed confrontations throughout the republic, creating conditions and taking the necessary steps to achieve the integration of the armed forces under a unified national leadership structure within the framework of the rule of law, ending the division in the armed forces and addressing its causes, ending all armed conflicts, establishing a national doctrine for members of the army and security services, and any tasks the Council deems to promote stability and security.
- Promoting equality among citizens in all rights and duties and achieving broad partnership.
