Agreement Establishing a Union between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen

  • Country/entity
    Yemen
  • Region
    Middle East and North Africa
  • Agreement name
    Agreement Establishing a Union between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen
  • Date
    22 Apr 1990
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Interstate/intrastate conflict(s) ( Yemeni Civil Wars (1994) (2011 - ) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Territory
  • Peace process
    Yemen unification process
  • Parties
    Colonel Ali Abdallah Saleh, President of the Republic Commander-in-Chief of the Armed Forces, Secretary-General of the General People's Congress.

    Ali Salem A1-Beidh, Secretary-General of the Central Committee of the Yemeni Socialist Party
  • Third parties
    -
  • Description
    This is a short agreement providing for unification of the Yemen Arab Republic and the People's Democratic Republic of Yemen, to become "the Republic of Yemen." It establishes an interim Presidential Council to form the government of the Republic of Yemen, and to undertake functions authorized by the Constitution.


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)

    No specific mention.

  • State configuration
    Page 1, Article 1
    ...
    The Republic of Yemen shall have one legislative, executive and judicial power.
  • Self determination

    No specific mention.

  • Referendum
    Page 2, Article 7
    ...
    At the same meeting, the Presidential Council shall issue a decree convening the House of Representatives in order decide upon the following items:
    ...
    c) calling upon the Presidential Council to submit the Constitution to a general, popular referendum before the thirtieth of November 1990.
  • State symbols
    Page 2, Article 7
    ...
    The Presidential Council is empowered to issue, at its first meeting, decrees which shall have the force of law regarding the emblem, flag and national anthem of the Republic.
  • Independence/secession

    No specific mention.

  • Accession/unification
    Page 1, Article 1.
    ...
    On the 26th of May 1990...there shall be established between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen (both parts of the Yemeni Homeland) a full and complete union, based on a merger, in which the international personality of each of them shall be integrated in a single international person called "the Republic of Yemen."
  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→Temporary new institutions
    Page 1, Article 2
    ...
    After the entry into force of this Agreement, a five-member Presidential Council of the Republic of Yemen shall be established for the interim period.

    Page 1, Article 3
    ...
    A thirty-month interim period shall begin on the date of the entry into force of this Agreement. During this period, the full membership of the Shura Council and of the Supreme People's Council shall constitute the House of Representatives; in addition, 31 representatives shall be appointed by a decree from the Presidential Council.
    ...
    The House of Representatives shall exercise all the powers provided for in the Constitution; however, it shall have no power to elect a Presidential Council or to amend the Constitution.

    Page 1, Article 4
    At its first meeting, the Presidential Council shall issue a decree establishing an Advisory Council of 45 members. The Council's functions shall be defined in the same decree.

    Page 1, Article 5
    The Presidential Council shall form the Government of the Republic of Yemen which shall undertake all the functions authorized by the Constitution.
  • Elections

    No specific mention.

  • 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
    Governance→Constitution→Constitutional reform/making
    Page 2, Article 8
    This Agreement shall enter into force upon its ratification, together with the draft Constitution of the Republic of Yemen, by the Shura Council and the People's Council.

    Page 2, Article 9
    ...
    Upon ratification, the provisions of the Constitution of the Republic of Yemen shall be deemed in force during the interim period, in accordance with the previous Article and subject to the other provisions of this Agreement.

    Page 2, Article 10
    The Constitutions of both previous Yemeni States shall be deemed abrogated upon ratification of this Agreement and of the Constitution of the Republic of Yemen by the Shura Council and the People's Council.

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→General
    State level
    Article 1: On the 26th of May 1990 (corresponding to the first of Dhi'l-Qa'da of the Hegira year 1410), there shall be established between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen (both parts of the Yemeni Homeland) a full and complete union, based on a merger, in which the international personality of each of them shall be integrated in a single international person called "the Republic of Yemen." The Republic of Yemen shall have one legislative, executive and judicial power.

    Page 1, Article 2
    ...
    After the entry into force of this Agreement, a five-member Presidential Council of the Republic of Yemen shall be established for the interim period. At their first meeting, the members of the Council shall elect a President and a Vice-President for the duration of the term of the Council. The members of the Presidential Council shall be elected at a joint session of the Offices of the Presidency of the Supreme People's Council and the Shura Council.
  • Territorial power sharing

    No specific mention.

  • Economic power sharing

    No specific mention.

  • 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

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access

    No specific mention.

  • 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

    No specific mention.

  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds

    No specific mention.

  • Business

    No specific mention.

  • Taxation

    No specific mention.

  • Banks

    No specific mention.


Land, property and environment

  • Land reform/rights

    No specific mention.

  • Pastoralist/nomadism rights

    No specific mention.

  • Cultural heritage

    No specific mention.

  • Environment

    No specific mention.

  • Water or riparian rights or access

    No specific mention.


Security sector

  • Security Guarantees

    No specific mention.

  • 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
    Page 2, Article 6
    At its first meeting, the Presidential Council shall entrust a technical team to prepare a framework for reconsidering the administrative division of the Republic of Yemen so as to reinforce the Yemeni unity and eliminate the effects of partition.

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
    UN Peacemaker
    http://peacemaker.un.org/
    http://peacemaker.un.org/yemen-agrement-union90

Agreement Establishing a Union between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen

San'a, 22 April 1990

Article 1:

On the 26th of May 1990 (corresponding to the first of Dhi'l-Qa'da of the Hegira year 1410), there shall be established between the State of the Yemen Arab Republic and the State of the People's Democratic Republic of Yemen (both parts of the Yemeni Homeland) a full and complete union, based on a merger, in which the international personality of each of them shall be integrated in a single international person called "the Republic of Yemen."

The Republic of Yemen shall have one legislative, executive and judicial power.

Article 2:

After the entry into force of this Agreement, a five-member Presidential Council of the Republic of Yemen shall be established for the interim period.

At their first meeting, the members of the Council shall elect a President and a Vice-President for the duration of the term of the Council.

The members of the Presidential Council shall be elected at a joint session of the Offices of the Presidency of the Supreme People's Council and the Shura Council.

Members of the Presidential Council shall take the constitutional oath at the joint session before assuming their functions.

The Presidential Council shall exercise all the powers authorized by the Constitution.

Article 3:

A thirty-month interim period shall begin on the date of the entry into force of this Agreement.

During this period, the full membership of the Shura Council and of the Supreme People's Council shall constitute the House of Representatives;

in addition, 31 representatives shall be appointed by a decree from the Presidential Council.

The House of Representatives shall exercise all the powers provided for in the Constitution;

however, it shall have no power to elect a Presidential Council or to amend the Constitution.

Any vacancy, for any reason, in the House of Representatives shall be filled by appointment to be made by the Presidential Council.

Article 4:

At its first meeting, the Presidential Council shall issue a decree establishing an Advisory Council of 45 members.

The Council's functions shall be defined in the same decree.

Article 5:

The Presidential Council shall form the Government of the Republic of Yemen which shall undertake all the functions authorized by the Constitution.

Article 6:

At its first meeting, the Presidential Council shall entrust a technical team to prepare a framework for reconsidering the administrative division of the Republic of Yemen so as to reinforce the Yemeni unity and eliminate the effects of partition.

Article 7:

The Presidential Council is empowered to issue, at its first meeting, decrees which shall have the force of law regarding the emblem, flag and national anthem of the Republic.

At the same meeting, the Presidential Council shall issue a decree convening the House of Representatives in order decide upon the following items:

a) approving decrees and laws issued by the Presidential Council;

b) voting confidence in the Government on the basis of the statement (of its program) which it shall submit;

c) calling upon the Presidential Council to submit the Constitution to a general, popular referendum before the thirtieth of November 1990;

d) approving draft basic laws submitted by the Presidential Council.

Article 8:

This Agreement shall enter into force upon its ratification, together with the draft Constitution of the Republic of Yemen, by the Shura Council and the People's Council.

Article 9:

This Agreement shall govern the entire interim period.

Upon ratification, the provisions of the Constitution of the Republic of Yemen shall be deemed in force during the interim period, in accordance with the previous Article and subject to the other provisions of this Agreement.

Article 10:

The Constitutions of both previous Yemeni States shall be deemed abrogated upon ratification of this Agreement and of the Constitution of the Republic of Yemen by the Shura Council and the People's Council.

Signed in San'a on the twenty-seventh of Ramadan of the Hegira year 1410, corresponding to the twenty-second of April 1990 A.D.

Colonel Ali Abdallah Saleh

President of the Republic Commander-in-Chief of the Armed Forces

Secretary-General of the General People's Congress

Ali Salem A1-Beidh

Secretary-General of the Central Committee of the Yemeni Socialist Party