(Update: the 2009 law grants a two year extension until they elect a new parliament in 2011, ambiguous language at best.

Update 2: a handy link from Yemen Parliament Watch that indicates parliament is operating outside the scope of the law: “The report indicated that the constitutional period of the parliament ended in February 2011 where the parliament had finished its six years stipulated constitution as well as the additional two years.”

Update 3: there is also a stipulation in the constitution that parliament can be extended when facing war, natural disaster or unrest, but I’m assuming that had to have been done formally, and within the scope of the term, not by some GPC mind meld.

Update 4: the amnesty was issued while Parliament was legally on vacation or in recess.)

Original post continues: A political deadlock ensued following the 2006 presidential election wherein the GPC thwarted the implementation of a proportional representation system (as opposed to a “winner takes all” single district method) and other electoral reforms, prompting the opposition JMP to boycott parliament altogether. Without the implementation of the previously agreed upon reforms, the parliament voted itself a two year extension and rescheduled elections for 2011. (In order to thwart elections in 2011, the SCER also disqualified the voter rolls en mass.) There was no new parliamentary election in 2011 and no official law passed rescheduling the election and extending their terms as far as I know. Therefore there is no legitimate Yemeni parliament, just a bunch of old men stuck to their chairs for a decade.

So where is the legal foundation of this expired parliament’s vote to give the Sanaa regime immunity? More fundamentally, the people withdrew legitimacy from the Parliament, the Sanaa regime and dysfunctional political party system through a year of mass nationwide protests.

However, while many are working on the issue of Saleh’s immunity, I am much more concerned with the implementation of the proportional representative system in order to undermine the hegemony of both the GPC and Islah who were both artificially empowered by the GCC plan. Proportional representation will allow for the growth of new parties, minority representation and probably more women in political office. It appears that the only way to get the task done is through a public referendum, as the same illegitimate GPC dominated parliament that stalled on the issue for five years will likely continue to block it.

The proportional system has a national consensus, and it has been repeatedly been endorsed by a variety of Yemeni groups from the JMP in 2005 to the tribally based National Dialog Committee in 2009 to the Yemeni Youth Revolution that took to the streets in 2011.

Had the PR system been enacted as agreed upon in 2006, allowing for authentic political growth and representative parties to compete in 2009, the revolution might not have been necessary. So its important not to allow history to repeat itself, especially with this crucial and long overdue element of the overall package of electoral reform.

There is more on the other illegalities of the unprecedented and illegal amnesty plan below from Human Rights Watch and the YCTJ:

Press Release
By The Yemeni Center for Transitional Justice Concerning the Approval of the House of Representatives of the Immunity Law

The Yemeni Center for Transitional Justice reviewed the law approved by the House of Representatives (Parliament) of the Republic of Yemen concerning the award of immunity to the President of the Regime of Ali Abdullah Saleh and his supporters. As YCTJ confirms its previous position with respect to this law, that the law lacks the minimum principles of human justice, and is openly in violation of honorable Islamic Jurisprudence, international laws, and is in breach of the international human rights conventions/agreements to which Yemen is signatory, YCTJ now also calls for the application of real true transitional justice without any selectivity, forgery or deliquescent.

Only in this manner can the rights of the families of the victims for accountability and liability of perpetrators of violations of the foregoing crimes and infractions be protected, and to resort to international institutions to present the criminal perpetrators, participants or contributors to such crimes, or those who assisted the perpetrators from escaping from punishment, to face just trials in international judicial frameworks, as well as to judicially and legally pursue these perpetrators everywhere. Accordingly, there is no immunity or obstacle that stands in the way of this inalienable right, which is guaranteed by all heavenly scriptures, human statutes and legal systems, based on the principles of justice and equality, and in confirmation of the provisions of the relevant international conventions and agreements thereto, and as fulfillment of the minimal rights of safeguarding human beings, in terms of their blood (life and physical harm), their property and honor/dignity.
YCTJ urges all official local and international entities not to overlook the previously perpetrated crimes, also to work diligently to expose the truth of these crimes in full details and present and report them to the public. This should be considered as fundamental prerequisite to all calls for forgiveness, pardon and national reconciliation based on transitional justice, which aims to address the infractions of the past period and to avoid repetition thereof in the future.
YCTJ implores the members of the Yemeni Parliament, members of the Government of Reconciliation and the Temporary President to ratify the Rome Statute of the International Criminal Court, previously approved by the House of Representatives in 2004, but remains without ratification to this date, and thus to also work to join most of the countries of the work that are under the Rome Statute, so as to insure that human rights violations of the past are not again repeated in Yemen in the future.

Dr. Yasin Al-Qubati
Chairman
Yemeni Center for Transitional Justice
Ta’ez on 21 January 2012

and HRW’s statement

New Immunity Law an Affront to Victims, Blow for Justice

Source: HRW

A new law granting amnesty to President Ali Abdullah Saleh and his aides violates Yemen’s international legal obligations, Human Rights Watch said today. The sweeping law provides domestic immunity from criminal prosecution for serious international crimes such as the deadly attacks on peaceful demonstrators in 2011.

The law enacted by Parliament on January 21, 2012 grants blanket immunity to Saleh from any prosecution during his 33-year rule. It also shields Saleh’s aides from prosecution for “political crimes,” as long as they are not terrorist acts. Last year’s attacks on protesters might be classified as political and therefore exempted from prosecution, Human Rights Watch said.

“This law sends the disgraceful message that there is no consequence for killing those who express dissent,” said Sarah Leah Whitson [3], Middle East director at Human Rights Watch. “The Yemeni government should be investigating senior officials linked to serious crimes, not letting them get away with murder.”

An accord brokered by the Gulf Cooperation Council (GCC), that Saleh signed in November 2011, instructed the parliament, which is dominated by the ruling party, to pass a law granting immunity to Saleh and his aides in exchange for the president ceding all power by February 21, 2012. Yemeni Vice President Abd-Rabbu Mansur Hadi, who is serving as acting head of state, was expected to sign the law immediately.

An article in the law says it may not be “annulled” or “appealed.” However, providing immunity from prosecution for genocide, war crimes, crimes against humanity, torture, and other gross violations of human rights violates international law, Human Rights Watch said. International treaties, including the Convention against Torture and the 1949 Geneva Conventions, require parties to ensure alleged perpetrators of serious crimes are prosecuted. As recently as January 6, UN High Commissioner for Human Rights Navi Pillay reasserted that an amnesty cannot be granted for serious crimes under international law.

The Yemeni constitution authorizes the Supreme Court to rule on the constitutionality of laws in cases and pleas. Article 51 of the constitution of Yemen says citizens have the right of recourse to the courts to protect their rights and lawful interests. Article 153 of the constitution designates the Supreme Court as the highest judicial authority in the land and empowers it to strike down laws that are unconstitutional.

Yemen’s amnesty law does not prevent courts in other countries from prosecuting serious human rights crimes committed in Yemen under universal jurisdiction laws, Human Rights Watch said.

“Courts outside Yemen can and should ignore this amnesty and prosecute serious international crimes committed by the Saleh government,” Whitson said.

Yemen’s next government also could refer serious international human rights crimes committed during the protests against Saleh to the International Criminal Court (ICC) for possible prosecution, Human Rights Watch said. Although Yemen is not a party to the Rome Statute, the treaty establishing the ICC, it could accept that court’s jurisdiction over any eligible cases since 2002, when the Rome Statute went into effect. The UN Security Council also could refer crimes in Yemen to the ICC.

Human Rights Watch has confirmed the deaths of 270 protesters and bystanders during attacks by government security forces [4] and gangs on largely peaceful demonstrations against Saleh’s rule in 2011, most in the capital, Sanaa. Dozens more civilians were killed last year in apparently indiscriminate attacks [5] by security forces on populated areas during clashes with armed opposition fighters. Human Rights Watch also has documented a broad pattern of international human rights violations and laws-of-war violations by government security forces in previous years, including apparent indiscriminate shelling in the 2004-2010 civil war [6] with northern Huthi rebels and the use of unnecessary and lethal force since 2007 to quash a separatist movement [7] in the South.

The immunity law instructs Yemen’s government to submit draft legislation to parliament for national reconciliation and transitional justice and to “ensure the non-recurrence of violations of human rights and humanitarian law.” The concept of “transitional justice” as set out by the United Nations includes a range of judicial and non-judicial measures such as criminal prosecutions, truth commissions, and reparations to victims.

“Transitional justice without the justice is pretty hollow,” Whitson said. “Failing to prosecute will reinforce Yemen’s culture of impunity and signal to abusive leaders worldwide that there are no consequences for political murder

Yemen: Reject Immunity Law for President Saleh and Aides
Unlawful Blanket Amnesty Bill Gives ‘License to Kill’

(New York, January 10, 2012) – Yemen’s parliament should reject a draft law that would grant amnesty to President Ali Abdullah Saleh and anyone who served with him for crimes committed during his 33-year rule, Human Rights Watch said today. The sweeping measure could result in impunity for serious international crimes such as deadly attacks on anti-government demonstrators in 2011.

“Passing this law would be an affront to thousands of victims of Saleh’s repressive rule, including the relatives of peaceful protesters shot dead last year,” said Sarah Leah Whitson, executive Middle East director at Human Rights Watch. “Yemeni authorities should be locking up those responsible for serious crimes, not rewarding them with a license to kill.”

The draft law, which the parliament is expected to debate as early as January 11, 2012, violates Yemen’s obligations under international law to investigate and prosecute serious international crimes such as torture, war crimes, and crimes against humanity, Human Rights Watch said.

Bowing to international pressure and 10 months of protests against his rule, Saleh agreed in November to cede power under an accord brokered by the Gulf Cooperation Council (GCC). In exchange, the GCC deal instructed Yemen’s parliament, which the ruling party dominates, to act on an immunity law before Saleh is to step down formally on February 21, 2012.

The granting of immunity would not prevent courts in other countries from prosecuting serious human rights crimes in Yemen under universal jurisdiction laws, Human Rights Watch said. “Even if the Yemeni parliament grants immunity, the law will not hold water abroad,” Whitson said.

An article in the draft law bars its “repeal or appeal” by either lawmakers or the courts. However, article 51 of the constitution of Yemen says citizens have the right of recourse to the courts to protect their rights and lawful interests. Article 153 of the constitution designates the Supreme Court as the highest judicial authority in the land and empowers it to strike down laws that are unconstitutional.

The preamble to the immunity law wrongfully suggests it was drafted to implement United Nations Security Council resolution 2014 of October 21, 2011, Human Rights Watch said. In fact, the Security Council resolution calls on all parties in Yemen to implement a political settlement based on the GCC accord – rather than adopt the accord itself – and also emphasizes that “all those responsible for violence, human rights violations and abuses should be held accountable.”

International law rejects impunity for serious crimes, such as genocide, war crimes, crimes against humanity, and torture. International treaties, including the UN Convention against Torture and the 1949 Geneva Conventions, require parties to ensure alleged perpetrators of serious crimes are prosecuted. As recently as January 6, UN High Commissioner for Human Rights Navi Pillay reasserted that amnesty cannot be granted for serious crimes under international law.

Human Rights Watch has confirmed the deaths of 270 protesters and bystanders during attacks by government security forces and gangs on largely peaceful demonstrations against Saleh’s rule in 2011, most in the capital, Sanaa. Dozens more civilians were killed last year in apparently indiscriminate attacks by security forces on densely populated areas during clashes with armed opposition fighters. Human Rights Watch also has documented a broad pattern of international human rights violations and laws-of-war violations by government security forces in previous years, including apparent indiscriminate shelling in the 2004-2010 civil war against northern Huthi rebels and the use of unnecessary and lethal force since 2007 to quash a separatist movement in the south.

“From north to south to central Sanaa, the Saleh government has violated the basic rights of the Yemeni people,” Whitson said. “Without accountability for these crimes, there can be no genuine break from the past in a post-Saleh Yemen.”

For More Human Rights Watch Reporting on Yemen, please visit:

http://www.hrw.org/middle-eastn-africa/yemen

Related from from al Sahwa: Republican Guard kills four civilians in rural area

Alsahwah.net- Forces of the Republican Guard headed by Ahmed Ali Abdullah Saleh, son of the outgoing Yemeni president bombarded on Tuesday some villages of Bani Dihrah, killing four civilians including child.

For its part, Hood Organization for Human Rights and Freedoms affirmed that it received on Tuesday the corpses of the four killed civilians.

Hood said that forces of the Republican Guard rejected to allow human rights organizations to take the bodies of five civilians whow were killed five months ago.

On Sunday , the Republican Guards bombarded villages of Bani Jarmooz and Bait Dihrah, using mortars and machine guns against civilians wounding several and damaging many properties.

2) Internet wonky in Yemen

3) state closed al Jazeera and revoked its license crackdown on local journos sure to intensify

4) vandalism in Aden blame game but my sources, witnesses rather, say it was jihaddists loyal to Saleh. I wrote about this yesterday and posted pics of the scene but forgot to post it here.

5) Saleh accepts JMP’s five points but the GPC wasn’t able to accomplish anything from 2006-2011 on electoral reform due to obstructionism.

1- Forming a government of national unity to be tasked with setting up a national committee for formulating a new constitution.

2- Wording elections and referendum law based on the proportional representation list.

3- Reshuffling the Supreme Commission for Elections and Referendum.

4- Voting on a new constitution.

5- Electing a new parliament that will form a new government and elect a new president of the republic by the end of 2011.

6) Gates: US has has not formulated its approach to Yemen if or when Ali Abdullah Saleh leaves office and its too soon to predict outcome. Defense Secretary Robert Gates’ admission in Cairo that the administration had not focused on a future without Yemen’s president was startling. “Clearly there’s a lot of unhappiness inside Yemen. And I think we will basically just continue to watch the situation. We haven’t done any post-Saleh planning,” Gates said.

So a) even the US doesn’t believe he’s actually going by the end of the year or sooner, despite his promises, and b) I thought we always had plans. I think the US approach, like the southerners approach, is going to depend on the status of Ali Mohsen al Ahmar, scoundrel extraordinaire. But can Saleh stay without a blood bath? That’s the question. Saleh should have been brought before the ICC for war crimes in Saada.

Yemen Post The ruling party voted the new controversial election law amid the refusal of other parliamentary blocs to the vote, in a move that was described as a coup against all agreements between the General People’s Congress and the opposition topped by February 2009 deal.
At the sitting attended by almost all ruling party MPs, Parliament Speaker Yahya Al-Ra’e submitted two proposed amendments to law 13, with one addding an article stipulating that the voter rolls coinciding with the law issuance were the finally approved rolls for the April 2011 elections.
The second amendment called for correcting the date in the section 7 of article B concerning the elections time as April 27, 2011 instead of 2009.
Expressing their refusal to the vote, opposition MPs staged a protest at the presidency, putting on their chests placards showing their condemnation of the violation of February agreement.
They also called for holding free and fair elections, as they vowed to continue their protest inside parliament until the ruling party changes its decision. The protest stalled the sitting attended by Deputy Prime Minister for Defense and Security Affairs who appeared to make explanations over the WikiLeaks.
Some lawmakers said the vote was unconstitutional and illegal and it reflects the insistence of the ruling party on putting its interest ahead of the nation’s interests.
The vote is illegal under February agreement that postponed the 2009 parliamnetary elections to 2011, they said, adding that any decision by the ruling party’s is no longer legal because parliament’s term constitutionally ended in 2009.

Al Sahwa

Sahwa Net- Lawmakers of the Yemeni opposition have escalated their protests inside parliament after the passing of an election law on Saturday. They further raised slogans denouncing the actions of the ruling General People’s Congress, describing these actions as illegal and a coup on democracy.

The chief of the Yemeni Socialist Party’s parliamentary bloc Aidros al-Naqib said that the opposition was going to extend its protesting activities, accusing the ruling party of violating the state-constitution and laws. He stressed that such polices would plunge the country into the abyss.

“The ruling party could do whatever it desires with its majority, but it can’t confiscate the right of people,” added he.

Ali al-Ansi, MP, revealed that GPC intends to form a new illegal election commission, considering that a clinical death of Yemen democracy.

Mohamad al-Qubati, the official spokesman of JMP stressed that the February agreement between JMP and GPC was the legitimacy of national conciliation, calling to respect that law.

According to February 2009 agreement , GPC and JMP agreed to extend the current parliament by two years to April 2011 to allow dialogue on political reforms which includes a proportional representation parliamentary system and further decentralization of government — measures that have not been implemented

The last time he was summoned I believe was after the second al Qaeda attack on the South Koreans in 2008. A pedestrian suicide bomber bounced off the convoy of SK officials in Yemen to investigate the earlier suicide attack that killed three SK tourists in Hadramout. It was apparent that AQAP had information on the route of the convoy in advance. When he finally showed up, al Alimi admitted that the security services are infiltrated by al Qaeda, but he diagnosed it as low level and a function of corruption. Then he denied saying it. And in case you are interested, the headline coming out of the Human Rights conference was, “Alimi calls for civil society organizations to expose human rights violations and document them.”

Almotamar.net - Deputy Premier, the Minister of Local Administration Dr Rashad al-Alimi caked in Sana’a Saturday for preparing objective and accurate evaluation about the condition of human rights in Yemen in preparation for discussing it in an open, and transparent national dialogue dealing with positive and negative developments witnessed by the movement of human rights during the 20 years of the unity.

In the ceremony held by the Human Rights Ministry in conjunction with the UN Development Programme (UNDP) in the Yemeni capital Sana’a on the 62nd year on issuing the World Day for Human Rights , al-Alimi affirmed the rights of the Yemeni human and his basic freedoms are of the priorities of the political leadership that looks forwards always to enhancing and developing them until they became touching all walks of life and closely connected to the democratic approach and the pluralist political system which Yemen has chosen as life programme and a basis for building the state of right and justice.

Cabinet approves new draft law of press and publication
[02/نوفمبر/2010]
SABA
SANA’A,Nov.02(Saba)-The Cabinet approved on Tuesday the new draft law of press and publication, in its meeting chaired by Prime Minister Ali Mujawr.

The Cabinet directed Ministers of Information, Legal Affairs and Parliamentary and Shura Council Affairs to follow up the completion of necessary constitutional procedures for issuing the law.

The draft law, which was formulated according to the recommendations of the Shura Council, included a legal translation for directives of President Ali Abdullah Saleh on not to arrest and jail journalists because of their views.

The new draft law determined financial penalties for publication crimes unlike imprisonment penalties stipulated in the law in force.

The draft law addressed the topic of online journalism within the general treatments of press as the core of future information in order to give private companies and institutions arising for informational purposes to publish newspapers without the need for a permit from the Ministry of Information just like what applies to political parties and organizations.

The new draft law singled out a section for the Journalists Syndicate unlike the current law, in order to guarantee a full legal status for the syndicate, so as to give it powers and functions related to protections of journalists and press profession and to ensure its financial resources.

Among the important texts included in the new draft law is the adoption of press code, which will enhance the profession practice ethic, as well as stipulating that the ownership of private newspapers should be of an institutional system.

It was taken in consideration in drafting the new law, which is located in 15 articles divided into seven sections, that the draft law serves freedom and develops the performance of press and strengthens and promotes its status.

On another hand, the Cabinet approved republican decrees drafts on reorganizing a number of informational institutions and directed for completing the legal procedures required for issuing them

The drafts, submitted by Minister of Civil Service and Social Security and Minister of Information, include the reorganization of the Al-Thawra Institution for Press, Printing and Publishing, the 14th October Institution for Press, Printing and Publishing, and Al-Gomhuryah Institution for Press,

The Yemeni Parliament is overwhelmingly illiterate, and comprised of powerful sheiks and businessmen. Half of Yemeni female children are married before 15, and many before 12 and mortality rates are very high. Most drop out of school if they ever attend. With 70% in rural areas, most spend their lives doing manual labor. Here’s an English language write up of last week’s debate, which came to blows with sticks and fists, but it is not only Islah’s MP’s that support child marriage, some in the GPC do as well. The drive is to set the marriage age at 18, but even 15 would be a vast improvement.

YemenOnline.oct 28,2010- Debate was intensified between the MPs of ruling party GPC and opposition Islamist Islah party in the House of Representatives last Wednesday because of determining of marriage age of minors in Yemen . MPs of GPC demanded to vote on the new law that Which sets the marriage age from 18 years old while the Islamists MPs rejected that on the grounds of its contrary to Islamic dispensation. Sultan Al-Barakni,head of MPs group of GPC stressed that his party has the majority and they approved to determine minors marriage age.

We decided to vote in favor of law’ Al-Barakini declared. Two of Islamists MPs attempted to attack Al-Barakini using their hands and sticks . So, the Spokesman of the parliament decided to postpone the vote on the law until another session

Sahwa Net- Yemeni lawmakers have affirmed that Yemen is in a pressing need to unite against numerous challenges, demanding to transparently probe the issue of suspicious packages sent from Yemen into Jewish synagogues in America.

They declared their refusal to any foreign involvement in Yemen, demanding the government to stop manipulating al-Qaeda issues, stressing that Yemen now suffers of fierce onslaught due to exaggeration of Al-Qaeda in Yemen.

They strongly slammed media polices that overstated the threats of al-Qaeda in Yemen, demanding to create far-sighted policies to address terror issues.

SFD’s 2011 budget of over YR 30 bln approved
[24/October/2010] SANA’A,Oct.24(Saba) -Board of directors of the Social Fund for Development (SFD) approved on Sunday the draft budget of the Fund for the fiscal year 2011 at a total sum of YR 30.9 billion, by an increase of 17.9 percent.

It is expected that the budget will cover 1,274 projects nationwide, distributed between the sectors of education, water and environment, training and institutional support, agriculture, health, and roads.

In addition, the budget will also cover projects within the integrated intervention program, projects for people with special needs, and projects for addressing the effects of rising food prices, as well as the cultural heritage projects.

Other news from Parliament includes Saleh orders the dropping the election amendment after the JMP withdraws, and Chairman of the Central Organisation for Control and Auditing (COCA) Dr Abdullah al-Sanafi presented a statement on revising accounts of the state for the last year. I’d love to see those figures.

z(CNN) — Yemen’s parliament has delayed a vote on a child-marriage law that would have raised the minimum legal age for marriage to 17.

The parliament was to have voted on numerous laws on Saturday, including a revised election law. But a dispute over the election law between the country’s ruling party and opposition parties resulted in opposition members boycotting that vote and leaving parliament — meaning no other issues were taken up that day.

It was unclear when the child-marriage issue would be taken up.

Fuad Dahaba, a member of the Islah Party — the biggest opposition party in Yemen’s parliament — told CNN, “we hope we will be able to vote on the child marriage law this week.”

In 2009, Yemen’s parliament passed legislation raising the minimum age of marriage to 17. But conservative parliamentarians argued the bill violated Sharia, or Islamic law, which does not stipulate a minimum age of marriage. Due to a parliamentary maneuver, the bill was never signed into law.

More than 100 leading religious clerics have called the attempt to restrict the age of marriage “un-Islamic.”