NATIONAL INTELLIGENCE SURVEY 32A; YEMEN (SAN'A'); GOVERNMENT AND POLITICS

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• Collection: NIS
• Document Number (FOIA) /ESDN (CREST): CIA-RDP01-00707R000200100027-6
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SECRET
32A/GS/GP
Yemen an'a
April 1973
NATIONAL INTELLIGENCE SU
SECRET
NO FORrIGN DISSEM
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YEMEN jSAN'q'J
CONTENTS
This Cenral Survey supersedes the one dated
June 1970, copies of which should be destroyed.
Introduction
Review of developments since
tion. 19 62; current siha- 1
Stntcture of government
Republican government under the 1970 consti- 2
tution.
I. Central government
Product of civil war and conciliation efforts;
central vs. lival authority.
Constitution
Pre -1970 constitutions H70 constitution, 2
its lack of precision.
FT
NO FOREIGN DISSEM
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Page Page'
b. Executive bodies 3 a. Arab states 18
Republican Council; Council of Ministers;
16
committees; administrative agencies, (1) Egypt
c. Legislative branch t 4 Acknowledgme,i.t of leadership; weak-
ening of ties.
d. Judicial system its makeup, duties. 5 (2) Saudi Arabia 17
Types of courts; interpretations of Sharia; Importance of Saudi assistance; sup
'urf, or common, law, pert in activities against Aden; dis-
2. Provneial government 7 trust between Y.A.A. and Saudis. i
Unchanged structure; role of local leaders. (3) People's Democratic Republic
3. Civil service 8 of Yemen (P.D.R.Y.) 17
Lack of professionalism; former role of Claims to territory; aid to dissidents;
sayyids; 1971 civil service code; General Civil Front for Liberation of the Occupied
Service Council; official, unofficial civil south FLOSY Saudi support;
service. pport; re-
cent developments. a
C. Political dynamics g (4) Other Arab states 18
Evolution of modern political system; role of trio- Membership in Arab League; aid from
alism, leading personalities. Kuwait, Libya, Syria, Iraq, Algeria; S
1. Revolution, civil war, and reconciliation 9 stand on Israel; visits from Palestiniac
Overthrow of Badr; proclamation of republic; guerrillas.
Soviet, Egyptian, Saudi influence; settlement b. Western c(n !Aitries 1$
i
with royalists and establishment of conatitu- Relations with United Kingdom, France,
Ronal government; developments since 1870. Italy, West Germany; renewed relations
2. The ruling leadership 12 United States.
a. Personalities 12 c. Communist countries 19
Sallal, Iryani, 'Ayni, Numan, 'Amri. Relations with U.S.S.R., the Chinese
b. Issues 13 People's Republic, others; Sallal 1964
Pc!icy toward P.D.R.Y.; government or- visit to Communist countries; Iryani 1971
ganization; role of tribes. visit to Moscow; Soviet, Chinese aid; cool- ti
3. Political forces Hess toward Sovit, Union caused by its
i 13 d
aid to P.D.R.Y.
a. T- ibalism versus centralism 13 United Nations 19
Role of Zaydis and 5hafi'ts; tribal leaders' Attendance at General Assembly sessions;
control of Consultative Council. leadership of Egypt followed; member-
b. The role of the army 14 er
p
ship in U.N. affiliates.
Modernization; expansion of influence.
c. Potential political forces 14 E. Threats to government stability/ 20
New educated class; prohibition of politi- 1. Diseonteat and dissidence 20 t
cal parties. a. Tribal .dissidence 20
4. Elections 15 Hashid, Fakil confederations; Shafi'i 1968
First organized elections, 1971; criticism of mutiny; P.D.R.Y. aid to dissidents.
apportionment; elections planned for 1975. b. Military dssidence 21
P 15 Milita i
D. National polic ry plots against� regime since January
Importance of foreign assistance. 1971.,
1. Domestic policy 15 2. Subversion 21
Normalization of internal situation; postwar Small number and size of subversive groups.
reconstruction; modernization; insecurity of a. The Bath Party 22
regime. b. P.D.R.Y- sponsored parties 22
2. Foreign policy 16 Youth Party; People's Resistance Front;
Weakening of ties with Egypt; desire for Arab Yemen Democratic Party; Democratic
unity; principle of nonalignment. Front.
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c. Saudi and Iraqi subversion
Page
22
2. Intelligence and security services
Page
24
Saudi aid to tribal, other leaden; Iraqi
distrust of regime.
Office of Intelligence and Military Security;
d. Communist subversion
23
Office of National Security.
(1) Communist Party of Yemen
23
3. Countersubversive and counterinsur-
gency measures and capabilities
25
(2) Foreign Communist subversion
23
Role of intelligence and security services; co-
Soviet plots against regime; subver-
ordination with other agencies; Egyptian and
sion of students abroad.
Soviet influence; Soviet advisers.
F. Maintenance of Internal Security
L3
G. Selected bibliography
25
1. Police
Police training, strength; Office of General
Chronology
20
Security; Central Units; prisons.
Glossary
27
FIGURES
Page Page
Fig. 1 Structure of government chart) 2 Fig. 4 Imam Badr photo) 16
Fig. 2 Yemeni prisoner in leg -irons photo) 7 Fig. 5 Prime Ministers of the Y.A.R. photos) 12
Fig. 3 Severed heads on display photo) 7 Fig. 6 "Abd Allah al -Ahmar photo) 14
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Government and Politics
A. Introduction (S)
For Amost 8 years after the traditional Imamate
was overthrown, and tl;e Yemen Aral) Republic
(Y.A.R.) proclaimed in '1962, a state of civil war
prevailed, and the immediate concern of the Y.A.R.
Government was survival. However, since early 1970
when a cease -fire was arranged hetwecrn the
reperblicans and the royalists, considerable progress
has been made toward the,-establishment of modern
political institutions.
The constitution of 1970 provided for the creation
of all elective legislative body, the Consultative
Council. Although the Consultative Council does not
play a significant role in the policymaking process and
acts chiefly as a check on the executive bodies of the
_government, its creation signifies a commitment on
the part of the republican regime to representative
government. The Consultative Council elects the
members of the key executive hody, the Repeil)lican
Council.
In the abs: of legal political parties and readily
identifiable interest groups, political activity in the
Y.A.R. has beers oriented around individuals rather
tLan ideologies and has been characteriz d by fierce
infighting. As of early 1973 the most important figure
on the political scege is President 'Abd al- Rahman al-
Iryani, Chairman of the Republican Council, His
major rivals include former Prime Ministers Muhsin
al- 'Ayni, Ahmad Numan, and Hasan al- 'Amri.
Members of the leadership group have differed over
the policy to be followed toward the Y.A. R.'s southern
neighbor, the People's Democratic Republic of Yemen
(P.D.R.Y.), the structure of the Y.A.R. executive, and
the role of the tribes in the political process. The basic
differences among the elite, however, have been over
their positions of power within the republican
government rather than over the direction of its policy.
Despite the commitment of the republican regime
to modernism and representative government,
tribalism remains a major political force in the
country. Members of tribes belonging to the Zaydi sect
of Islam continue to occupy the preeminent position
in Yemeni society. Since the departure in late 1967 of
the Egyptian forces and advisers on wham the regime
had depended during its first 5 years, the republican
government has become progressively more conserva-
tive. Royalists were included in the government
formed in 1970, and in many areas the management
of local affairs has reverted to the tribes. 'I'll(-
Consultative Council is controlled by tribal leaders,
chiefly Zaydis, and provides a link between the
government and the tribes.
Prior to 1970 the government had developed oily
the bare outlines of a national policy. Since, that timo11
the development of a coordinated national program
has received greater attention. San'a's major domestic
goal since the end of the civil war has been the
successful implementation of a limited postwar
reconstruction program.
From 1962 to 1967, the Y.A.R. had no foreign polity
of its own, but followed that of Egypt. Since 1967,
San'a' has conducted its foreign affairs independently
and has been more moderates in its approach.
Relations with Saudi Arabia have improved while ties
with Egypt have regressed to the level of normal
diplomatic relations between independent countries.
During most of the period relations with the P.D.R.Y.
were strained and both countries helped each other's
dissidents. Relations with Aden �the P.D.R.Y.�
deteriorated even further in the late 1960's and early
1970's. In the fall of 1972, under pressure from other
Arab states to resolve their differences, the two
countries signed an agreen.onl calling for unity within
It year; but the disagreements between the two states
are so basic that unity seems highly unlikely.
Relations with Communist countries, especially the
Soviet Union, have suffered from San'a's attempts to
improve its relations with the West. Popular interest in
foreign affairs, however, seldom goes beyond the
events of the Arab world. Yemen has supported the
Arab position on Israel and has attempted to secure
full membership for itself in the Arab community.
Although the volatile nature of the armed tribes
upon which the republic depends for support as well as
the possibility of dissidence in the armed forces are
potential threats to the security of the Y.A.R., the
republican government appears in little danger of
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being overthrown. T'Ite C omrnunist Party of Yen-en is
small and ineffectual, .,nd for the most part the
Communist diplomatic and aid missions in the
country seem more interested in cultivating got
government -to- government relations than in under-
taking suhversion. The greatest vulnerability probably
lies in the passibility of it small group of dissidents,
eslxseially army officers, seizing key pwsitions and
securing aid from sympathetic governments before
loyal elements could rally to the aid of the republican
regime.
B. Structure of government
I. Central government
The governmental structure (Figure 1) of the Yemen
Arab Republic (Y.A.R.) has emerged out of tic
experience of the country's long civil war and the
efforts to effect a reconciliation between the
republicans and the supporters of the former Imamate
regime. A permanent constitution, which reflects the
diversity of political forces in the country, was adopted
in 1970. One of its features is an elective unicameral
legislative body, the Consultative Council; and
although the council's functioning is less than perfect,
it does mark a step toward representative government.
The executive branch of the central government,
under a chairman, is composed of the fie,
Council and the Council of Ministers, A former Prime
Minister, Ahmad Muhammad Numan, has described
the Republican Coteneil as being respow.'ible for
decisi ,,!�tnakiug; the Council of Ministers as the policy
administrators; and the� Consultative (;otr;teil is the
"gualydians of the public interest." (U OU
T'he distribution of poH betW the ventral
government and local areas rernains a hotly disputed
question: marry official It the� loe�al level cl:.ivi that
the central governrru-nt is too strong and that all
decisions are made in the capital. On the other hand.
the management of marry local affairs has, almost by
default, reverted to tribal chiefs and other traditional
leaders to :0rem many people give their primary
loyalty. The central government claims that it does
not exercise e ffective control over outlying areas.
(U /OU)
a. Constitution (S)
The "permanent constitution" of the Y.A,11, was
promulgated on 28 December 1970 by the Republican
Council, In an effort to incre popular acceptance,
the draft of the constitution had been published in
September 1970, the Yemeni public had been asked
for suggestions for the document's modification, and it
number of meetings had been held with tribal and
religious leaders. The Republican Council subse-
quently made some alterations in the constitution
prior to its issuance.
Since the republican revolution began in 1962, there
ha: been a commitment to the idea of a constitutional
government embodying some form of democratic
representation. Indeed, several "constitutions" �all of
them created by decree �were introduced after 1962,
though none was ever fully implemented. As Yemen's
revolution was encouraged by Egypt and carried out
primarily by military men, the first republican
constitution had a strong Egyptian coloration. This
provisional constitution of October 1962 concentrated
authority in the hands of the Revolutionary
Command Council under the leadership of Brig. Gen.
`Abd Allah al- Sallal, who was also President, Prime
Minister, and Supreme. Commander of the Armed
Forces. It also es,ublished a Iligher Defense Council
composed of regional military governors and
important tribal leaders.
A new constitutional document proclaimed in April
1963 gave unlimited powers to the President but
established soma additional advisory and administra-
tive bodies. This was amended in January 1964, but
the principle of a presidential regime wits retained.
Another constitution was introduced in April 1964,
declaring an Islamic republic, somewhat limiting the
powers of the President, and differentiating more
clearly between the legislative and executive functions
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FIGURE 1. Structure of government (U /OU)

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within the government, :vith the former vested in an
advisory council. In May 1965, when intrasectarian
cooperation was at a high point, an "interim"
constitution was decreed. This constitution, while not
otherwise substantially changing the previously
established government structure, introduced a
Republican Council to share executive duties with the
President.
During the tumultuous period from 1964 to 1969,
the constitution was almost completely ignored, both
by the Egyptians who held the real power until 1967
and by the Yemenis during and after the period of
Egyptian domination. When in early 1969 the country
finally became quiet enough to once more permit
consideration of constitutional government, the
Republican Council decided that any new constitu-
tion should be based on popular decision. It therefore
appointed by executive order a new body, the
National Council, and delegated to it the task of
producing a viable constitution.
The 1970 constitution is a wordy and in many ways
ambiguous document, reflecting the necessity
perceived by its authors to appeal to a wide range of
opinion, including those conservative tribal leaders
who had supported the former Imamate. The
constitution's lack of precision is most apparent it) the
articles which deal with the distributio:. of power
between the Republican Council, Prime Minister and
the Council of Ministers, and the Consultative
Council. The failure to clearly define the powers of
these branches and their relationship with each other
creates a potential source of conflict. There have been
several occasions since the new constitution was
adopted when the Chairman of the Republican
Council and the Prime Minister clashed because of
contradictory views of their prerogatives. In addition,
a clash between the Republican Council and tl:e
Consultative Council took place in July 1971, when
the Chairman of the Republican Council temporarily
imprisoned the Deputy Speaker of the Consultative
Council for making what was considered an
inflammatory antigovernment speech. The Consulta-
tive Council threatened to resign unless Chairman
Iryani recognized the right of free speech and
parliamentary immunity of assembly members.
Chairman Iryani responded by threatening to dissolve
the assembly and suspend the constitution, telling the
Consultative Council that it must recognize the
Republican Council's "higher authority."
The constitution describes the country as a
"consultative parliamentary republic." Not only is
Islam declared the state religion, but it is to provide
the framework within which state policy should be
made. At the same time, the preamble to the
constitution includes the admission that the Y.A.R.
can learn from the culture and experiences of
scientifically advanced nations. 'Pies of friendship are
proclaimed with fellow Arabs and "friends in both
east and west." Recognition is also given to the idea of
eventual unity w ith the neighboring People's
Democratic Republic of Yemen (P.D.R.Y.).
The eeouomy of the country, according to the
constitution, k t,) be organized in accordance with a
government- formulated plan, although the principle.
of Islamic "social justice" is to be taken into account.
The constitution does provide how ever, for private
economic activity, a.td promises protection for private
property, but the state is the owner of all mineral
resources. Education and health services are
acknowledged to be rights of every citizen but only
insofar as the coi.tntry's resources permit. While the
constitution permits free expression and communica-
tion� within the bounds of the law partisanship in
all forms is prohibited. This is a device to prevent the
establishment of political parties. The right to
organize trade unions and other associations, however,
is guaranteed.
To initiate a constitutional amendment, a request
must he submitted signed by a majority of the
members of the Consultative Council. The adoption
of a proposed change requires the support of two
thirds of the Consultative Council. The Supreme
Constitutional Court is authorized to organize the
process for amending the constitution.
b. Executive bodies (S)
The key executive body is the Republican Council,
which determines general policy and supervises its
execution. The Republican Council was created in the
mid- 1960's; its size and duties have varied since then.
During the period of greatest Egyptian influence, the
Republican Council served as an advisory body to
President `Abd Allah al- Sallal; following Sallal's ouster
in 1967, the Republican Council took over the
executive power formerly vested in the presidency.
The 1970 constitution states that the Republican
Council shall have three to five members; the
Consultative Council passed a law setting the
membership at three in 1971.
Members of the Republican Council are elected by
the Consultative Council for a 5 -year term. Vacancies
are to be filled by the Consultative Council within 60
days, according to the constitution although this
requirement has not been enforced. From September
1971 until June 1972 the Republican Council had only
two members, `Abd al- Rahman al- Irvani and
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within the government, :vith the former vested in an
advisory council. In May 1965, when intrasectarian
cooperation was at a high point, an "interim"
constitution was decreed. This constitution, while not
otherwise substantially changing the previously
established government structure, introduced a
Republican Council to share executive duties with the
President.
During the tumultuous period from 1964 to 1969,
the constitution was almost completely ignored, both
by the Egyptians who held the real power until 1967
and by the Yemenis during and after the period of
Egyptian domination. When in early 1969 the country
finally became quiet enough to once more permit
consideration of constitutional government, the
Republican Council decided that any new constitu-
tion should be based on popular decision. It therefore
appointed by executive order a new body, the
National Council, and delegated to it the task of
producing a viable constitution.
The 1970 constitution is a wordy and in many ways
ambiguous document, reflecting the necessity
perceived by its authors to appeal to a wide range of
opinion, including those conservative tribal leaders
who had supported the former Imamate. The
constitution's lack of precision is most apparent it) the
articles which deal with the distributio:. of power
between the Republican Council, Prime Minister and
the Council of Ministers, and the Consultative
Council. The failure to clearly define the powers of
these branches and their relationship with each other
creates a potential source of conflict. There have been
several occasions since the new constitution was
adopted when the Chairman of the Republican
Council and the Prime Minister clashed because of
contradictory views of their prerogatives. In addition,
a clash between the Republican Council and tl:e
Consultative Council took place in July 1971, when
the Chairman of the Republican Council temporarily
imprisoned the Deputy Speaker of the Consultative
Council for making what was considered an
inflammatory antigovernment speech. The Consulta-
tive Council threatened to resign unless Chairman
Iryani recognized the right of free speech and
parliamentary immunity of assembly members.
Chairman Iryani responded by threatening to dissolve
the assembly and suspend the constitution, telling the
Consultative Council that it must recognize the
Republican Council's "higher authority."
The constitution describes the country as a
"consultative parliamentary republic." Not only is
Islam declared the state religion, but it is to provide
the framework within which state policy should be
made. At the same time, the preamble to the
constitution includes the admission that the Y.A.R.
can learn from the culture and experiences of
scientifically advanced nations. 'Pies of friendship are
proclaimed with fellow Arabs and "friends in both
east and west." Recognition is also given to the idea of
eventual unity w ith the neighboring People's
Democratic Republic of Yemen (P.D.R.Y.).
The eeouomy of the country, according to the
constitution, k t,) be organized in accordance with a
government- formulated plan, although the principle.
of Islamic "social justice" is to be taken into account.
The constitution does provide how ever, for private
economic activity, a.td promises protection for private
property, but the state is the owner of all mineral
resources. Education and health services are
acknowledged to be rights of every citizen but only
insofar as the coi.tntry's resources permit. While the
constitution permits free expression and communica-
tion� within the bounds of the law partisanship in
all forms is prohibited. This is a device to prevent the
establishment of political parties. The right to
organize trade unions and other associations, however,
is guaranteed.
To initiate a constitutional amendment, a request
must he submitted signed by a majority of the
members of the Consultative Council. The adoption
of a proposed change requires the support of two
thirds of the Consultative Council. The Supreme
Constitutional Court is authorized to organize the
process for amending the constitution.
b. Executive bodies (S)
The key executive body is the Republican Council,
which determines general policy and supervises its
execution. The Republican Council was created in the
mid- 1960's; its size and duties have varied since then.
During the period of greatest Egyptian influence, the
Republican Council served as an advisory body to
President `Abd Allah al- Sallal; following Sallal's ouster
in 1967, the Republican Council took over the
executive power formerly vested in the presidency.
The 1970 constitution states that the Republican
Council shall have three to five members; the
Consultative Council passed a law setting the
membership at three in 1971.
Members of the Republican Council are elected by
the Consultative Council for a 5 -year term. Vacancies
are to be filled by the Consultative Council within 60
days, according to the constitution although this
requirement has not been enforced. From September
1971 until June 1972 the Republican Council had only
two members, `Abd al- Rahman al- Irvani and
r;
a3
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Muhammad 'Ali Tthman, as the third council
member, Gen. Hasan al- 'Amri, had been stripped of
all his offices and sent into exile after killing a San'a'
Photographer in a quarrel. In June 1972, 'Abd Allah
al- Hajari, who was known to be a supporter of
President Irvani, was- elected to the Republican
Council, and he became Prime Minister in December
1972. Some have advocated the abolition of the
Republican Council and its replacement by a single
executive, although the plural executive system has its
supporters and may be politically advantageous.
The Republican Council elects a chairman from its
ranks. The constitution describes the chairmanship as
rotating but 'Abd al- Rahman al- Irvani has held the
chairmanship since November 1967' The chairman is
considered the head of state, and he is often referred to
cis the President. He is the commander in chief of the
armed forces, which are subject to control by the
Republican Council. The workings of the council are
unclear but it is believed that Chairman Irvani has
been the dominant member of the Republican
Council for several years.
The Republican Council can pass decrees with the
force of law, even when the Consultative Council is in
session, if "anything occurs necessitating immediate
action." The decrees must not contradict the
constitution or the annual budget bill and must be
forwarded to the Consultative Council. If not
approved by the legislative body, the decrees lose the
force of law.
The Chairman of the Republican Council appoints
the Prime Minister. The Prime Minister, who must be
approved by the Consultative Council, names the
members of the Council of Ministers, who must be
approved by both the Republican Council and the
Consultative Council. The Consultative Council can
withdraw its confidence from the Prime Minister by a
two thirds vote, following which he must submit his
own resignation and that of the Council of Ministers.
The Prime Minister functions essentialiv as an
administrative official, chairing meetings of the
Council of Ministers, and coordinating the activities
of the ministries. The Council of Ministers is
responsible for executing the policies of the
Republican Council and preparing the draft budget.
The Council of Ministers is composed of the Prime
Minister; a deputy prime minister; and other
ministers.' Ministerial portfolios are as follows:
Agriculture, Communications, Economy, Education,
'For a current listing of government offivials, consult Chiefs of
State and Cabinet Iembers of Foreign Governments, published
monthly by the Director of Intelligence, Central Intelligence
Agency.
4
Foreign Affairs, Health, Information, Interior, Justice,
Local Administration, Religious Endowments
(Awgaj), Treasury, and Works. There are also four
ministers of state. National defense policy is
determined by the three -man Republican Cou! 61
under the leadership of Chairman Iryani.
The jurisdictions of the individual ministries have
never been clearly defined, leaving overlapping areas
of responsibility. Few of the ministries are well
organized internally. This confused situation results
largely from the general unfamiliarity with modern
governmental organization and an almost complete
absence of trained civil servants.
The republican government has also created
ministerial -level committees and other administrative
agencies to perform some functions. A committee to
oversee the government's economic and financial
machinery was created in September 1971 and was
attached to the Prime Minister's Office.
In January 1972 a ministerial -level Higher
Committee for Development and Planning Affairs was
created, along with a new Central Planning Agency.
Chairman Irvani and leading tribal and military
leaders met in September 1972 and reportedly decided
to form a new decisionr.,aking body %N -hick would take
precedence over the Council of Ministers. The new
body, called the Supreme Council for the Defense of
the State, has 11 members representing the tribes, the
military, and the Republican Council.
c. Legislative branch (S)
The unicameral Consultative Council (Majlis al-
Shura), created by the December 1970 constitution, is
the legislative branch of the Y.A.R. Government. It is
not powerful enough, however, to play a consistent
part in the determination of national policy. The
council's secondary responsibility is to supervise and
check the country's executive branch. Composed of
159 members, elected fer 4 -year terms, the
Consultative Council replaced the appointive
National Council, which had been set up in 1969 in
an advisory capacity to the Republican Council. The
National Council %vas short lived, but it did participate
in the drafting of the permanent constitution and, in
April 1970, endorsed the government's efforts to effect
a reconciliation with the royalists.
The membership of the Consultative Council is
largely comprised of tribal leaders and notables whose
position and prestige are independent of their
membership in it. With a few exceptions, none are
well -known national political figures. The Speaker of
the Consultative Council is 'Abd Allah al- Ahmar,
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paramount sheikh of the Hashid tribal confederation.
tic: was also speaker of the precediv -4 National
Council.
Legislative proposals may be initiated by the
Consultative Council or by executive authorities. A
bill approved by the Consultative Council is
transmitted to the Chairman of the Republican
Council for action. He can approve the bill or, within
30 days, return it to the legislature with a request for
its modification. f the Consultative Council repasses
the bill in its original version by a two- thirds vote, it
becomes law. The Consultative Council can be
dissolved by the Republican Council, but the
dissolution announcement r]lust set a new election
within 90 days or the old body reconvenes.
d. Judicial system (S)
Although the several constitutional documews
issued since the 1962 Yemen revolution all called for
an independent judiciary and the reorgani don of
the rudimentary Ministry of Justice which existed
under the Imamate, few modifications have actually
been made in this branch of government. This has led
to some complaints about the workings of the
judiciary, especially about delays. The old judicial
pattern,. with Islam being the major source of law, has
been retained and it will be a long time before, it can
be replaced by a secular legal system. In fact, the
constitution of 1970 stipulates that membership in the
judiciary is to be restricted to Sharia (the Islamic law
code) scholars. On the other hand, there have been
many government decrees and enactments since 1962,
and they constitute a fairly large and growing body of
secular law to which judges look for guidance.
Shortly after the revolution, state security courts in
which Islamic law was not applied were created to try
crimes against the state or against public order. The
state security courts were established under the
pressure of wartime psychology and were undoubtedly
inspired by Egyptian frustratinn with the traditional
legal system in Yemen (San`a'). They were simply
courts appointed by the head of state to deal with
"enemies" of the state, who .,ornetimes were merely
political opponents of the republican regime. These
special courts were drumhead tribunals, in which
confessions were extracted from the accused and
summary sentences were issued subject only to
reprieve or modification by the head of state. Their
introduction reportedly was the cause of widespread
popular disapproval, and they now seem to have
disappeared.
The 1970 constitution called for the creation of a
Supreme Constitutional Court, and enabling
legislation was adopted in December 1971. Reference
is also occasionally made to it Supreme Court of
Appeals, and a president of that court was appointed
in February 1972. it is not known whether the
Supreme Constitutional Court and the Supreme Court
of Appeals are the same judicial bodies. The Supreme
Constitutional Court is described as consisting of seven
members to be elected by the Consultative Council
from 14 candidates nominated by tl:c Chairman of the
Republican Council. 1'1 e judges, who must be Sharia
scholars, will serve 4 -year terms. The Supreme
Constitutional Court is to be involved in determining
the legitimacy of laws and resolutions, presiding over
trials of members of the Republican Council and
Council of Ministers, and hearing election disputes.
Islamic law is applied throughout the country,
although the Zaydi and the Shafi'i parts of the
population follow different schools of jurisprudence,
and the tribe.; living outside the settled areas use their
own common law, known as 'urf. The Sharia is not
"law" in the Western sense of the ward, nor is it
"canon law" in the sense that it governs only religious
matters. It is rather regarded as the revealed law of
God, making no distinction between the religious and
the secular and regulating all aspects of political,
social, family, and private life.
In Muslim theory, the key link between the Sharia
and the state is the ruler, who is, by consensus of the
community of Muslims, the enforcer of God's will on
earth, and before she revolution this theory was
accepted almost literally by most Zavdis. The ruler
appoints the religious judges, or gadis, who are
charged with determining the application of the
Sharia, and lie also enforces the judgments of the
Sharia courts. Since the advent of the Yemen Arab
Republic, the head of state, through the Ministry of
Justice, has taken over the function of appointing and
paying judges and administering the courts. The
appointment, transfer, and promotion of judges is
defined by laws adopted by the Consultative
Assembly. The dismissal of judges is proscribed by the
constitution.
The number of courts in Yernen is not known.
Generally speaking, a court is found wherever Lucre is
a population large enough to justify one. Usually
Sharia law, distinct from 'urf, is enforced in those
rciatively settled areas where a representative of the
government is present.
When an offense is reported and charges instituted,
the gadi informs the local representative of the
government, and this official issues orders to have the
persons involved appear at court. After hearing their
arguments, the gadi, who has no enforcement powers,
J
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again sends his decision to the offici,I, together with
his
b many tribes outside the
recommendations for punishment, based on the
Sharia. The official then
settled areas, it is a
collection Of unwritten laws,
usages, and traditions,
carries out the punishment, if
he agrees it is nec essary, as the agent csf the plaintiff,
passed down orally from generation to generation,
embodying the decisions
legal
Appeal is seldom made on t g rounds, althou
T
of tribal chiefs and wise men.
t
The 'urf is intended
on rare occasions a judgment nray be questioned Isv
to maintain order by applying
sanctions to those
o Of the Pa. involved. In such insta aces. [be case
Who. either ine ntentionall y or
accidentally, h::ve
may he sent forward to a mufti, it jurisconsult trained
caused damage to others. It also
in lacy, who states his interpretat ;on of ho%y a specific
permits the tribes to regulate without undue
bloodshed disputes
part of the Sharia niav be applied. Alternatively, it
over water rights, grazing grounds,
personal quarrels, debts,
pray be sent to a council of gadis who review lhc'
mutter from a legal
and other intritribal
disagreements which may arise. The chief of the tribe
point of view. These nttftis and
gadis are usually, but not necessarily,
acts as "judge no special training is necessary for this
government
officials as well as religious men. All appeals, however.
role as the tribal leader's reservoir of accumulated
are forwarded through state administrative channels,
experience is sufficient. The dominant principles of
'urf
and hence are subject to political pressure. Most
;ire reve ;ige and reparation. Another important
principle is that of collective
commonly, appeal is made on it personal basis to the
local administrator who is
responsibility by a tribe
or clan, for it is the clan or family kinship group which
the enforcer of the Sharia.
Government officials have wide latitude, both legal
is the unit to be protected, not the individual. From
and political, in exercising le niency.
this concept, it is a short step to the blood feud, one of
Punishment for those found guilt� of offenses is
he damaging characteristics of the 'urf system. There
is
severe and prompt. In tribal areas, the families of the
a strong emphasis on the right of the clan to settle
plaintiff often prefe to carry out se ntences themselves,
arguments and on the redress of wrongs. Conse-
quently, Yemeni tribesmen are contemptuous
particularly if capital punishment is involved, for this
of men
who permit someone
allows them to carry Out the dictates Of their personal
else to set their laws and right
their
and tribal moral code, for N sod revenge. If the
punishment requires imprisonment,
wrongs; the concept of committing a crime
against it state (i.e., in outside legal or moral force) is
the prisoner is
expected to be cared for by his relatives. In the
alien to them.
case of
minor crimes it has been custonwry to confine the
The desert Bedouins in the Fiamlut as Sab'atuyn
area
prisoner's ankles in heavy leg -irons and turn him loose
of eastern Yemen practice i t variation of 'urf
known as the niangad system
to procure his own food (Figure 2). C orporal or capit
punishment c;,n legally be
I it, the chief rnangad,
or tribal judge, is elected by his tribe. He in turn freely
replaced by the diyyah
(bloodwit or fine) and financial settlement may
chooses others from outside his own clan to assist hirn
even
he preferred by both sides. While lashing, murti
in making his decisions. These assistants all receive the
stoning nd other forms of corporal
g' I usral punishment are
title of d man a r
quid, eit� r separately or together,
th 9 ey perform the functions
sanctioned by the Sharia and still applied, the
republican regime is moving to modernize the
of a final court Of appeal.
No tribesman having put his case to it mangad ma
system
by introducing more humane methods of punishment
withdraw it or refuse to abide by the decision, without
forfeiting
and in July 1972 it decree was issued abolishing the
tribal honor and being considered guilt of a
chaining and branding of prisoners. Mcanv pile,
great sharne. Generally, this is strong enough
punishment to insure
putting the severed heads ar.d limbs of crimina{s on
display over the main
compliance.
a Official a or a
gates Of cities is considered a
deterrent to potential criminals, and public executions
adjudicated by a c g vernment religious
a nd mutilations are still carried out (Figure 3). Major
man �both acceptable arbiters as they are believed to
be above tribal
prisons are in Ta'izz, Ibb, and San'a'; an attempt is
being made to eliminate
rivalries. If the arbitration fails, it fetid
between the families, clans, or even the tribes may
small jails in the dwellings of
judges, prefects, and some other government officials.
result. Little effort has been made by the government
'urf,
The tradition O f tribal independence
to modify the for fear of alienating tribesmen.
and the
endemic state Of anarchy that prevailed over the
The government seldom interferes in intertribal
affairs, though when it is
centuries gave rise to a system of common law known
'urf,
aware of criminal activity at
this level it
as which has little connection with Sharia. Used
may try to Icvy fines or settle disput
forcibly.
6
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2. Proviucial governucnl (S)
The structure uI prccsincial lmcrunn�nt le Heel
chant"ccl signilicalitls since the re%:'luticcu ccl 1962. In
s( )III( resIwct,, it ir(ws hack l( arrucgcn let Its Inrcl:clini
Otluncan rule Th c� ccuistiluticin df I)ccenIIwr ISM)
stipcdalcs lh:ct the nunclx�r and Imm Ida rics ccf'
I>rcc%inciul achninislrnli%e units arc to hc r,ulcjec�t tc
de ter it cinaliun I)s lass It also inclicutes Ih;cl
mlmin is( ratise units :ire to tease meal cvcuncils ��in
which the ;I(LIirs ccf tltc rc1irncs skull 1 adncinistcrccl
in a deuccu�ratic ne:enncr." I'hese c�unslitc!linnaI
I,rOvisicnis have not Ilel'll imIdI nic and the
Im n.�ial ssstcnc is IIrgeI\ III t uehc�d.
1�cnu�n is