Obligatorisches Referendum → durch Parlament → bindend → Stufe: Verfassung → Partialrevision (Paket)
Ergebnis
angenommen
┗━ Mehrheiten
gültige Stimmen
Stimmberechtigte
3'945'500
Stimmbeteiligung
2'569'266
65,11%
Stimmen ausser Betracht
145'755
Gültige (= massgebende) Stimmen
2'423'511
auf die gültigen Stimmen bezogen
┗━ Ja-Stimmen
1'871'878
77,23%
┗━ Nein-Stimmen
551'633
22,77%
Bemerkungen
Nach einem Bürgerkrieg beschliesst das Parlament am Verfassungsänderungen, mit denen
u. a. der fünfköpfige Präsidialrat durch einen Präsidenten mit zweimal fünf Jahren
Amtszeit ersetzt wird; dazu wird die Scharia als alleinige Quelle des Rechts bezeichnet
und das obligatorische Verfassungsreferendum eingeführt.
Präsident Saleh schlägt im eine Verfassungsreform vor.
Vom Parlament am mit 276 zu 7 Stimmen bei einer Enthaltung angenommen. Die
gleichzeitig stattfindenden Lokalwahlen beziehen sich auf Rechtsgrundlagen, die z. T.
erst mit der Verfassungsrevision in Kraft treten sollen.
Endergebnis der Obersten Wahlkommission vom .
Hauptpunkte
Amtszeit des Präsidenten zweimal sieben (jetzt zweimal fünf) Jahre (Art. 111)
Präsidentschaftskandidaten müssen die Unterstützung von 5% beider Kammern (jetzt
10% einer Kammer) haben; mindestens drei Kandidaten (Art. 107)
Legislaturperiode sechs (jetzt vier) Jahre (Art. 64)
Staatsrat (Schura), vom Präsidenten ernannt, wird zweite Kammer mit 111 (jetzt 59)
Sitzen (Art. 125)
Schura muss bestimmte Staatsverträge ratifizieren (Art. 91)
Parlament kann der Regierung nur noch Empfehlungen statt Weisungen abgeben (Art. 61, 92)
Präsident kann neu ohne vorheriges Referendum das Parlament auflösen und Neuwahlen
ansetzen (Art. 100, 119)
Lokale Behörden können auch ernannt statt gewählt werden (Art. 143)
Obligatorisches Verfassungsreferendum nur noch für Kapitel I und II (Art. 156)
Handels- und Gewerbefreiheit, Investitionsschutz für fremdes Kapital (Art. 10, 13)
Umweltschutz (Art. 34)
1994 CONSTITUTION
PROPOSED AMENDMENT
Article
(10) The state
shall oversee foreign trade and promote internal trade
and investment in a way that serves the national
economy. The state shall issue legislation that guarantees
protection for producers and consumers, the provision of
basic commodities for the citizens, prevention of monopoly, and shall
encourage private capital to invest in various fields
of social and economic development, in accordance with
law.
Article
(10) The state
shall oversee freedom of trade, encourage competition
and protect investment in a way that serves the national
economy. The state shall issue legislation that guarantees
protection for producers and consumers, the provision of
basic commodities for the citizens, prevention of monopoly, and shall
encourage
local and foreign capital to invest in various fields of
social and economic development, in accordance with
law.
Article
(13) The imposition, amendment, and cancellation of
taxes shall only be authorised by law. No one is to be
partially or fully exempted from the payment of taxes except
as stipulated in the law and no one shall be subject to taxes,
fees and other charges except by law.
Article
(13) The imposition, amendment, and cancellation of
taxes shall only be authorised by law. No one is to be
partially or fully exempted from the payment of taxes except
as stipulated in the law and no one shall be subject to taxes
and other charges except by law. The law defines the
method for the imposition of taxes, the circumstances for
exemption from payment, the measures to levy them and the
directions for spending them.
Insertion
to follow Article (34)
The preservation of public cleanliness and protection of
the environment from pollution is the responsibility of the
state and society. It is a religious and national duty of
all citizens.
Article
(61) The House of Representatives is the legislative
authority of the state. It shall enact laws, determine the general policy
of the state, the general plan for economic and social
development, the general budget and the final account. It shall
also
direct and monitor the activities of the Executive
Authority as stipulated in this constitution.
Article
(61) The House of Representatives is the legislative
authority of the state. It shall enact laws and determine
general policy of the state, the general budget and the final
account. It shall also monitor the activities of
the Executive Authority as stipulated in this constitution.
Article
(64) The term of the House of Representatives is four
calendar years starting from the date of its first session.
The Speaker shall call the voters to elect a new House at
least sixty days before the expiry date of the existing
House. If in extraordinary circumstances, elections cannot
be held, the existing House continues to function until such
circumstances are overcome and elections can be held.
Article
(64) The term of the House of Representatives is six
calendar years starting from the date of its first session.
The Speaker shall call the voters to elect a new House at
least sixty days before the expiry date of the existing
House. If in extraordinary circumstances, elections cannot
be held, the existing House continues to function until such
circumstances are overcome and elections can be held.
Article
(91) The House of Representatives shall ratify
international political and economic treaties and
conventions of a general nature, of whatsoever form or
level, and in particular those connected to defense,
alliance, truce, peace or border alterations, and those,
which involve financial commitments for the state or for
which their execution needs the enactment of a law.
Article
(91) The House of Representatives shall ratify
international political and economic treaties and
conventions of a general nature, of whatsoever form or
level, which involve financial commitments for the state or
for which their execution needs the enactment of a law. The
House of Representatives also ratifies, in a joint meeting
with the Consultative Council, legislation, treaties and agreements
relating to defence or alliances or conciliation and peace or the
amendment of borders.
Article
(92) The House of Representatives has the right to
present directives and recommendations to the government
on general issues. If the government fails to implement these
directives and recommendations it must justify such action to the House.
Article
(92) The House of Representatives has the right to
present recommendations to the government on general issues. If the government
fails to implement these and recommendations it must
justify such action to the House.
Article
(100) The President of the Republic may not dissolve the
House of Representatives except in necessity and
only after a nation-wide referendum on the reasons for the
dissolution. The President of the Republic shall issue a
decree that suspends the sessions of the House and calls for
the referendum within thirty days. If an absolute majority
of the voters are in favour of the dissolution, the
President shall issue a decree of dissolution. The decree
shall simultaneously call voters to elect a new House of
Representatives within a date that does not exceed sixty
days from the date of the announcement of the results of the
referendum. If the decree of dissolution does not
include this call or if elections are not held within the
appointed time, it will be considered null and void and the House shall
meet under the power of the constitution. The House shall
also meet under the power of the Constitution if a
referendum does not take place within thirty days or does
not gain the required majority. If elections are held, the
new House will meet within ten days
following completion of the elections. If the House is not
called to meet, it will meet under the power of the
constitution at the end of
the said ten days. If the House has been dissolved, the new
House may not be dissolved again for the same reason. In any event, the House may not be dissolved in its first
session.
Article
(100) The President of the Republic may not dissolve the
House of Representatives except in necessity. The decree
of dissolution must include the reasons on which it is based
and call the voters to elect a new House of Representatives
within sixty days from the date of issuance of the decree of
dissolution. If the decree of dissolution does not
include this call or if elections are not held within the
appointed time, it will be considered null and void and the House shall
meet under the power of the constitution. If elections are held, the
new House will meet within ten days
following completion of the elections. If the House is not
called to meet, it will meet under the power of the
constitution at the end of
the said ten days. If the House has been dissolved, the new
House may not be dissolved again for the same reason. In any event, the House may not be dissolved in its first
session.
Article
(107) The election of
the President of the Republic shall be as follows:
a. Election of the President of the
Republic shall be carried out by the people in competitive
elections.
b. Nominations must be submitted to the
Speaker of the House of Representatives.
c. Nominations must be examined by the
Presiding Board of the House of Representatives to ensure
that candidates meet the constitutional conditions.
d. Names of candidates who meet the
conditions shall be presented to the House for approval.
e. A candidate who wins the recommendation
of ten per cent of the members is considered a candidate for the post
of the President of the Republic.
f. The House of Representatives is
required to recommend at least two persons for the post of the
President of the Republic before submitting the candidates
to the people in competitive elections.
g. The person who wins an absolute
majority of those who participated in the elections is
considered the President of the Republic. If none of the
candidates win this majority, elections shall be repeated
according to the above procedures for the two candidates who
obtained the highest number of votes.
Article
(107) The election of
the President of the Republic shall be as follows:
a. Election of the President of the
Republic shall be carried out by the people in competitive
elections.
b. Nominations must be submitted to the
Speaker of the House of Representatives.
c. Nominations must be examined by the
Presidential Board of the House of Representatives and
the Presidential Board of the Consultative Council to ensure
that candidates meet the constitutional conditions.
d. Names of candidates who meet the
conditions shall be presented to a joint meeting of the House
of Representatives and the Consultative Council for approval.
e. A candidate who wins the recommendation
of five per cent of the members of the joint meeting is considered a candidate for the post
of the President of the Republic.
f. The joint meeting is required to recommend at least
three persons for the post of the
President of the Republic before submitting the candidates
to the people in competitive elections in which the
number of candidates shall be not less than two.
g. The person who wins an absolute
majority of those who participated in the elections is
considered the President of the Republic. If none of the
candidates win this majority, elections shall be repeated
according to the above procedures for the two candidates who
obtained the highest number of votes.
Article
(119) If, while the House of Representatives is in
recess or under dissolution, urgent decisions are required,
then the President of the Republic can issue decrees which
have the power of law, provided such decrees do not
contradict the Constitution or the budgetary estimates. Such
decrees have to be presented to the first meeting of the
House of Representatives If they are not presented, the
House may discuss them and take appropriate decisions
thereon. If the House of Representatives rejects those
decrees, they become null and void from the date the House
decides and the House of Representatives determines how the
consequences are to be settled.
[This article to be deleted]
Article
(125) A decree by the President of the Republic shall
form a Consultative Council from experienced and qualified
specialists in order to expand the base of participation
through consultation and to make use of national expertise
and qualifications available in different areas of Yemen.
The law shall clarify the special rules that concern the
Council.
[Replace Article 125 with the following three articles:]
1. The Consultative Council
will be formed by decree of the president of the republic
from those with expertise and specialist qualifications in
order to broaden the base of participation in consultation
and to make use of national expertise and qualifications. In
terms of its functions, the Consultative Council, in
addition to its other constitutional powers, will do the
following:
a) Present studies and proposals which assist the state to
implement its development strategies and to share in
mobilising the people's efforts to establish the path of
democracy, and to present proposals which assist the
effectiveness of state bodies and participate in solving
social problems and deepen national unity.
b) Give opinion and advice on the basic issues which the
president of the republic sees fit to present to the
council.
c) Give opinion and advice including drawing up the national
strategies of the state in the political, economic, social,
military and security fields to achieve its goals at the
national level.
d) Give opinion and advice on policies, plans and programmes
relating to administrative reform, modernising state
apparatus, and improving performance.
The Consultative Council will also participate with the
House of Representatives in joint meetings to ratify
legislation, treaties and agreements relating to defence or
alliances or truce-making and peace, or amending borders and
establishing the economic and social development plans and
any matters which the president presents to the joint
meeting.
2. The Consultative Council
will consist of 111 members appointed by the president of
the republic who shall not be members of the House of
Representatives or of local councils. The law will define
the conditions and duties bestowed on members of the
Consultative Council, except that their age shall be not
less than 40 years. It will also define the rights enjoyed
by members of the Consultative Council who will take the
constitutional oath in the presence of the president of the
republic. The Consultative Council will set out its internal
rules and procedures, the method of convening its meetings,
the means for taking it decisions and the issuance of laws.
3. The president of the
republic will convene joint meetings of the House of
Representatives and the Consultative Council to discuss and
decide the matters put to them. Decisions in the joint
meetings will be by a majority of those attending. The law
will state the remaining rules relating to the Consultative
Council and the joint meetings.
Article
(143) The territory of the Republic of Yemen is divided
into administrative units. The law will specify their
number, borders and divisions, and the objective criteria on
which the
the administrative divisions are based. The law will also
specify the method for nominating, electing and selecting their
chairpersons, and define their functions and the functions
of the heads of authorities within them.
Article
(143) The territory of the Republic of Yemen is divided
into administrative units. The law will specify their
number, borders and divisions, and the objective criteria on
which the
the administrative divisions are based. The law will also
specify the method for nominating and electing or selecting
and appointing their
chairpersons, and define their functions and the functions
of the heads of authorities within them.
Article
(156) The President of the Republic and the House of
Representatives have the right to request an amend one or
more articles of the Constitution. The request must mention
the articles that require amendment, the reasons and
justification for this amendment. If the request was issued
by the House of Representatives it must be signed by a third
of its members, and in all cases, the House shall discuss
the principle of amendment and take a decision only with a
majority of its members. If the request is rejected, another
request for the amendment of the same articles may not be
submitted until the lapse of one year. If the House of
Representatives agrees to the principle of the amendment,
the House shall discuss the articles which require amendment
after a break of two months. If three-quarters of the House
agree on the amendment, it shall be presented to the people
in a general referendum. If an absolute majority of those
who vote are in favour of the amendment, the amendment is
considered valid as of the date of announcing the results of
the referendum.
Article
(156) The President of the Republic and the House of
Representatives have the right to request an amend one or
more articles of the Constitution. The request must mention
the articles that require amendment, the reasons and
justification for this amendment. If the request was issued
by the House of Representatives it must be signed by a third
of its members, and in all cases, the House shall discuss
the principle of amendment and take a decision only with a
majority of its members. If the request is rejected, another
request for the amendment of the same articles may not be
submitted until the lapse of one year. If the House of
Representatives agrees to the principle of the amendment,
the House shall discuss the articles which require amendment
after a break of two months. If three-quarters of the House
agree on the amendment, it shall, in the case of the
third, fourth and fifth parts of the constitution, be
considered effective. In the case of a requested amendment
to an article which is included in the first or second part of the constitution, after approval be
three-quarters of the House it shall be presented to the
people in a general referendum. If an absolute majority of those
who vote are in favour of the amendment, the amendment is
considered valid as of the date of announcing the results of
the referendum.
Article
(158) The President of the Republic shall be elected for
the first time following the approval of constitutional
amendment by the House of Representatives. Nomination for
the post of the President of the Republic must be by a
quarter of the members of the House of Representatives. The
one who wins the majority of the members of the House of
Representatives is considered the President of the Republic.
[This article to be deleted]
Article (159)
The text of the constitutional oath to be sworn by the
President of the Republic, his deputy, members of the House
of Representatives, the chairman and members of the
government, shall be as follows:
"I swear by Allah
Almighty the Great to adhere to Qur'an (the Book of God) and
his Prophet's Sunnah (Traditions) to faithfully safeguard
the Republican system, to respect the Constitution and law,
to fully take care of the interests and freedoms of the
people, to preserve the unity of the homeland, its
independence and the integrity of its territories."
Article (159)
The text of the constitutional oath to be sworn by the
President of the Republic, his deputy, members of the House
of Representatives, the chairman and members of the
government and the chairman and members of the
Consultative Council, shall be as follows:
"I swear by Allah
Almighty the Great to adhere to Qur'an (the Book of God) and
his Prophet's Sunnah (Traditions) to faithfully safeguard
the Republican system, to respect the Constitution and law,
to fully take care of the interests and freedoms of the
people, to preserve the unity of the homeland, its
independence and the integrity of its territories."
