Yemen Constitutional Drafting: Special Measures
This memorandum provides an overview of mechanisms that may be considered in the context of implementing specific aspects of the Agreement on a Just Solution to the Southern Question, especially those related to Item 9 of Part II. The memorandum draws on a range of relevant experiences elsewhere, bearing in mind the uniqueness of the situation in Yemen and considering, to the extent necessary and possible, provisions in other outcome documents of the National Dialogue Conference that have a bearing on the adoption of relevant constitutional mechanisms in relation to the implementation of the Agreement on a Just Solution to the Southern Question, including in particular the Final Report of the Working Group on the Saadah Issue, the Final Report of the Regions Committee, the Final Report of the Working Group on State Building, as well as the 20 Points and the 11 Points. Where necessary, this memorandum considers in passing constitutional mechanisms related to electoral system design (i.e., the closed proportional list system) and territorial self-governance (i.e., the proposed federal structure of the Yemeni state), but does not elaborate on these in any significant detail. Nor does this memorandum deal with issues of resource management and wealth sharing, although it should be noted that many of the options considered below would be of relevance in this regard.
The memorandum is structured as follows. Part 1 provides a short overview of relevant constitutional mechanisms. Part 2 presents a set of options that may be considered in relation to the implementation of the Agreement on a Just Solution to the Southern Question, discusses some potential advantages and disadvantages, and considers provisions in other outcome documents of the National Dialogue Conference that may have an impact on the adoption of specific mechanisms. Part 3 offers some short concluding observations.