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Final Decision on the delimitation of the Federal Regions

  • 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.


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.