This series of reports was prepared for the deliberations of the Yemen Constitutional Drafting Committee, set up by the United Nations to support the post-Arab Spring transition in the country.
Three specific issues are covered, and the respective open-access reports should be read in conjunction with each other:
- Special measures
- Executive formation in semi-presidential systems
- Executive formation in presidential systems
The first report provides an overview of power-sharing 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 report 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 it 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 second report provides an overview of options for the formation of the executive branch of the government in semi-presidential systems, taking account of provisions in three relevant outcome documents of the National Dialogue Conference: the Final Report of the Working Group on State Building, the Agreement on a Just Solution to the Southern Question, and the Final Report of the Working Group on the Saadah Issue. It first summarises the applicable outcomes of the National Dialogue Conference. Then it considers relevant options for executive formation compatible with such provisions, details different special measures in relation to various mechanisms of executive formation, and finally notes several issues for separate consideration.
The third report provides an equivalent overview of options for the formation of the executive branch of the government in presidential systems. While the executive branch in such systems is comprised of the president, normally a vice president, and ministers, the report is not concerned with the election of a president (or a joint ticket of president and vice president). Rather, its focus is on procedures for the appointment of ministers (and where applicable a vice president).