Final Decision on the delimitation of the Federal Regions

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Country/entity
Yemen
Region
Middle East and North Africa
Agreement name
Final Decision on the delimitation of the Federal Regions
Date
10 Feb 2014
Agreement status
Unilateral document
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Yemeni Civil Wars (1994) (2011 - ) )
Stage
Implementation/renegotiation
Conflict nature
Government
Peace process
Yemen peace process
Parties
Regional Delimitation Committee (Government of President Hadi):
Dr ʿAbd al-Karīm ʿAlī al-Iryānī
Muhammad Muhammad Qahtān
Abū Bakr ʿAbd al-Rizaq Bādhīb
Sultān Hizām al-ʿAtwānī
Yāssīn ʿUmar Makāwī
Sālih Ahmad Hubrah
Ghālib ʿAbd Allah Matliq al-Dālʿaī
Dr ʿAbd Allah Sālim Lamlis
Nādiyyah ʿAbd al-ʿAzīz al-Saqāf
Dr Afrāh ʿAbd al-ʿAzīz al-Zūbah
Khālid Abū Bakr Bārās
ʿAbd al-Qādr ʿAlī Hilāl
Muhammad ʿAlī Abū Lahūm
Dr Mʿaīn ʿAbd al-Malik Sʿaīd
Ahmad Abū Bakr Bāzrʿah
Yāssar Ahmad Sālim al-ʿAwādī
Sʿaīd Sālim Bāhqībah
Dr al-ʿAzzi Hibah Allah ʿAlī Sharīm
Muqbil Nāsr Lakrash
ʿAwad Muhammad bin al-Wazīr al-Awlaqī
Ahmad Muhammad al-Qardʿaī
Dr Ahmad ʿAwad bin Mubārak – Rapporteur of the Committee
Approved by:ʿAbdrabbuh Mansūr Hādī, President of the Republic Chairman
Third parties
-
Description
Agreement outlines the creation of six federal regions as a means of devolving power from Sanaa by the Region Delimitation Committee, which was created by Presidential decree outside the framework of the National Dialogue Conference. The agreement states that six regions will be created - four in the north and two in the south.

Agreement document
YE_140210_Final Decision on the delimitation of the Federal Regions.pdf | Download PDF
Agreement document (original language)
YE_140210_Final Decision on the delimitation of the Federal Regions_AR.pdf | Download PDF

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
Page 2, Principles:
The Committee adopted the principles, agreed on in this document and with the decorum of the Comprehensive National Dialogue Conference, as follows:
... - Positive rivalry between the regions
- Integration, which ensures the efficient employment of resources in each region and integration with other regions.
- Homogeneity to ensure stability of society and economy to meet the needs of the people for quality of life.
- All levels enjoy levels of rule with reforms outlined in the constitution within the framework of a unitary state.

Page 2, Committee Work Outcomes:
First: Delineate the number of regions
Building upon data and political visions that were discussed in depth during the period in which the Comprehensive National Dialogue Conference was held. And enquire in the principles which were decided by Yemenis to adopt in order to create a unitary state that aims to ensure a fair partnership in the revolution and the authority and to preserve the security and confirm unity, security and the stability of Yemen, most members of the committee agreed to adopt 6 options for the regions wherein there will be two regions in the south and four in the north.
State configuration
Page 1, Preamble:
Building on the Presidential Decision no. 2 for the year 2014 on the matter of creating a Region Defining Committee tasked to study and approve a choice of six regions – four in the north and two in the south – or the option of two provinces, or any decision between these two options which may achieve an effective consensus. The Committee will also delineate a number of provinces and states (governorates) which will be formed taking into account the current situation, geographic delimitations and aspects of culture and history. ...

Page 1, Preamble:
... In light of the special importance of the two city municipalities of Sana’a and Aden, presentations were presented designed to give an overview of the situation of these two cities and the expected central and fundamental role they will play in the unified state. ...

Page 2, Committee Work Outcomes:
First: Delineate the number of regions
Building upon data and political visions that were discussed in depth during the period in which the Comprehensive National Dialogue Conference was held. And enquire in the principles which were decided by Yemenis to adopt in order to create a unitary state that aims to ensure a fair partnership in the revolution and the authority and to preserve the security and confirm unity, security and the stability of Yemen, most members of the committee agreed to adopt 6 options for the regions wherein there will be two regions in the south and four in the north.
Self determination
No specific mention.
Referendum
No specific mention.
State symbols
No specific mention.
Independence/secession
No specific mention.
Accession/unification
No specific mention.
Border delimitation
Page 3, Secondly: General Provisions
1. The formation of current borders for the governorates, ‘states’, within each region, constitute the total boundaries of that region.
Cross-border provision
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Elections
Page 4, Secondly: General Provisions
... 3. The law of the regions should determine that the borders of the regions may be reviewed after the election cycle or more, and this is regulated by federal law.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 4, Secondly: General Provisions
... 4. To ensure a true partnership in the legislative authority, each region must ensure rotation of the Head of the Legislative Council, as well as ensure fair representation for each state in the Federal Parliament.
Territorial power sharing
Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, Committee Work Outcomes:
First: Delineate the number of regions
Building upon data and political visions that were discussed in depth during the period in which the Comprehensive National Dialogue Conference was held. And enquire in the principles which were decided by Yemenis to adopt in order to create a unitary state that aims to ensure a fair partnership in the revolution and the authority and to preserve the security and confirm unity, security and the stability of Yemen, most members of the committee agreed to adopt 6 options for the regions wherein there will be two regions in the south and four in the north.

Page 3, [Summary] Table contains the details of the new regions.

Page 4, Secondly: General Provisions
... 2. Regional laws must containing the possibility of a return to the internal borders of current constituencies within each Administrative region according to specific rules [to come into force] after the election cycle or more, and this is regulated and issued by the legislature of each region.
Power sharing→Territorial power sharing→Local/municipal government
Page 3, Secondly: Delineating the following state (governorate) for each region and the naming of the regions and appointing of their capitals:
... Everyone agreed on:
1. The Capital Sana’a: A federal city not subject to the authority of any region, special arrangements to ensure its neutrality and independence will be included in the Constitution.
2. The City of Aden: an administrative and economic city holding a special situation in the framework of the Aden region, to enjoy legislative powers and executive independence.

Page 4, Secondly: General Provisions
... 5. To ensure a true partnership in the executive authority, each region must ensure a lack of state control over the jurisdiction of government formation in the region.
Economic power sharing
Power sharing→Economic power sharing→Sharing of resources
Page 4, Secondly: General Provisions
... 6. To ensure a fair distribution of the revenues of wealth, in consultation with the regions and the states, [the committee] drafted a standardised and fair distribution of natural and non-natural resource revenues in a transparent manner, fair to all the people and taking into account the needs of the producing region and states, in particular the allocation of revenue from the federal government.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
Rights related issues→Citizenship→Citizens, specific rights
Page 1-2, Principles:
The Committee adopted the principles, agreed on in this document and with the decorum of the Comprehensive National Dialogue Conference, as follows:
- All Yemeni citizens enjoy rights and obligations including equal citizenship.
Democracy
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Mobility/access
Page 4, Secondly: General Provisions
...7. To ensure the freedom of trade and economic activity as a means of promoting integration between the regions and facilitate the movement of citizens, goods, services, and money, either directly or indirectly, and not impose any barriers, obstacles, restrictions, customs [tax], tax, or administrative fees when passing from one region to another.
Protection measures
No specific mention.
Other
No specific mention.

Rights institutions

NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 4, Secondly: General Provisions
... 8. Each region has a leading role in economic development and to ensure equal living conditions in all regions through the strengthening of cooperation and solidarity between the regions.
National economic plan
No specific mention.
Natural resources
Page 4, Secondly: General Provisions
... 6. To ensure a fair distribution of the revenues of wealth, in consultation with the regions and the states, [the committee] drafted a standardised and fair distribution of natural and non-natural resource revenues in a transparent manner, fair to all the people and taking into account the needs of the producing region and states, in particular the allocation of revenue from the federal government.
International funds
No specific mention.
Business
Page 4, Secondly: General Provisions
...7. To ensure the freedom of trade and economic activity as a means of promoting integration between the regions and facilitate the movement of citizens, goods, services, and money, either directly or indirectly, and not impose any barriers, obstacles, restrictions, customs [tax], tax, or administrative fees when passing from one region to another.
Taxation
Socio-economic reconstruction→Taxation→Reform of taxation
Page 4, Secondly: General Provisions
...7. To ensure the freedom of trade and economic activity as a means of promoting integration between the regions and facilitate the movement of citizens, goods, services, and money, either directly or indirectly, and not impose any barriers, obstacles, restrictions, customs [tax], tax, or administrative fees when passing from one region to another.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Land, property and environment→Cultural heritage→Other
Page 3, Secondly: Delineating the following state (governorate) for each region and the naming of the regions and appointing of their capitals:
The Committee adopted the following criteria:
... - Societal, cultural and historical factors
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 2, Committee Work Outcomes:
First: Delineate the number of regions
Building upon data and political visions that were discussed in depth during the period in which the Comprehensive National Dialogue Conference was held. And enquire in the principles which were decided by Yemenis to adopt in order to create a unitary state that aims to ensure a fair partnership in the revolution and the authority and to preserve the security and confirm unity, security and the stability of Yemen, most members of the committee agreed to adopt 6 options for the regions wherein there will be two regions in the south and four in the north.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
Dustour.net

Final Report from the Region Defining Committee

10 February 2014

Preamble:

Building on the Presidential Decision no.

2 for the year 2014 on the matter of creating a Region Defining Committee tasked to study and approve a choice of six regions – four in the north and two in the south – or the option of two provinces, or any decision between these two options which may achieve an effective consensus.

The Committee will also delineate a number of provinces and states (governorates) which will be formed taking into account the current situation, geographic delimitations and aspects of culture and history.

The decision defines that by the end of the task the commission shall submit its final report to the Constitutional Drafting Commission and specify a number of territories and states (governorates), which embody every region, to be written into the constitution.

The First Committee began its meeting on the 29 January 2014 and was led by _____ Abd Rabbu Mansour Hadi - the President of the Republic and Chair of the Committee wherein he confirmed that it was necessary for the members of the committee to adorn a standard of neutrality and elevate the interests if the nation over all [over] considerations.

In this meeting the form of the technical committee and its working mechanisms were also agreed upon.

Negotiations and decisions from the committee [occurred] in the subsequent meeting convened on the 2 February 2014.

Four official meetings were convened with the President of the Republic/Chair of the Committee, in addition to a number of consultative meetings with a number of political and civil representatives.

In addition, the comittee will host a number of local economic, administrative and social experts with relation to establishing the federal regions on a solid foundation and [?]

economic stability.

Also, [the committee] will review a number of experiences from the world's federal states and [identify] their most prominent points of power, weaknesses and useful lessons from them in the aim of distributing the returns of the revolution as well as power.

In light of the special significance of the two cities, the municipality of the capital, Sana'a, and Aden, two presentations, devoted to give an overview of the status of these two cities and the possiblity of their playing an expected central and fundamental role in the federal state.

Building on the scientific data on the economic situation and an analysis of the political, geographic, social and cultural realities of Yemen and the compatibility of outputs in context of this report.