Armies of Liberation

Agreement on the implementation mechanism for the transition process in Yemen in
accordance with the initiative of the Gulf Cooperation Council (GCC)

Contents:

Part I. Introduction

Part II. The transition period

Part III. First phase of the transition

Part IV. Second phase of the transfer of power

Part V . Settlement of disputes

Part VI. Concluding provisions

Annex: Draft Presidential Decree

Part I. Introduction

1. The two parties recognize that

(a) As a result of the deadlock in the political transition, the political, economic, humanitarian and security situation has deteriorated with increasing rapidity and the Yemeni people have suffered great hardship;

(b) Our people, including youth, have legitimate aspirations for change; and

(c) This situation requires that all political leaders should fulfil their responsibilities towards the people by immediately engaging in a clear process for transition to good democratic governance in Yemen.

2. The two parties deeply appreciate the efforts of the Gulf Cooperation Council (GCC) and its Secretary-General, the United Nations Secretary General acting through his Special Adviser,
the ambassadors of the five permanent members of the Security Council, and those of the GCC and the European Union, to support an agreement on the peaceful transfer of power. The two parties adopt this Mechanism on the basis of the GCC initiative and fully in
accordance with United Nations Security Council resolution 2014 (2011).

3. The following definitions shall apply in relation to this Agreement:

(a) The term “GCC Initiative†refers to the GCC initiative to resolve the Yemeni crisis in the draft of 21 and 22 May 2011;

(b) The term “the Mechanism†refers to this Agreement on the implementation mechanism for the transition process in Yemen in accordance with the GCC Initiative;

(c) The term “the two parties†refers to the National Coalition (General People’s Congress and its allies) as one party, and the National Council (Joint Meeting Parties their partners) as the other.

4. The GCC Initiative and the Mechanism shall supersede any current constitutional or legal arrangements. They may not be challenged before the institutions of the State.

Part II. The transition period

5. The two parties acknowledge that under Presidential Decree No. 24 of 2011, the President of Yemen irrevocably delegated to the Vice-President the presidential powers to negotiate, sign
and bring into force this Mechanism, along with all constitutional powers pertaining to its implementation and follow-up. Those powers include calling for early elections and taking all of the decisions necessary to form a government of national unity, including swearing in
its members, as well as establishing the other bodies set forth in this Mechanism.

6. The transition period shall enter into effect as follows:

political settlement based upon it, and in accordance with Presidential Decree No. 24 of 2011, the President or the Vice-President acting on his behalf shall sign the GCC Initiative concurrently with the signature of this Mechanism by the two parties.(a) In accordance with United Nations Security Council resolution 2014 (2011), which notes the commitment by the President of Yemen to immediately sign the GCC Initiative and encourages him, or those authorized to act on his behalf, to do so, and to implement a

(b) Concurrently with the signing of this Mechanism, and acting under the powers delegated by the President in Presidential Decree No. 24 of 2011, the Vice-President shall issue a decree providing for early presidential elections to be held within 90 days of the entry into force of this Mechanism. In accordance with the relevant provisions of the Constitution, the decree shall enter into force 60 days before the elections. The draft text
of the Decree is annexed to this Mechanism (Annex 1).

(c) This Mechanism shall enter into force when the President or Vice-President has signed the GCC Initiative, all parties have signed this Mechanism in accordance with this paragraph, and the decree referred to in subparagraph (b) above has been issued.

7. The transition period shall begin with the entry into force of this Mechanism. The transition period shall then consist of two phases:

(a) The first phase shall begin with the entry into force of this Mechanism and end with the inauguration of the President following the early presidential elections;

(b) The second phase, which shall last for two years, shall begin with the inauguration of the President following the early presidential elections. It shall end with the holding of general elections in accordance with the new Constitution and the inauguration of the
new President of the Republic.

8. During the first and second stages of the transition, decisions of Parliament shall be taken by consensus. If consensus on any given topic cannot be reached, the Speaker of Parliament shall refer the matter for decision by the Vice-President in the first phase, or the President in the second phase. That decision shall be binding for the two parties.

9. The two parties shall take the necessary steps to ensure that Parliament adopts the legislation and other laws necessary for the full implementation of commitments in respect of the guarantees set forth in the GCC Initiative and this Mechanism.

Part III. First phase of the transitional period

Formation of the government of national unity

10. Immediately on entry into force of the GCC Initiative and the Mechanism, the opposition shall nominate its candidate for the post of Prime Minister. The Vice-President shall issue a presidential decree requesting that person to form a government of national unity. The
government of national unity shall be formed within 14 days of the issuance of the decree. A republican decree shall be issued to that effect and signed by the Vice-President and Prime Minister;

(a) Each party shall account for 50 per cent of nominees for the government of national unity,and due consideration shall be given to the representation of women. With regard to the
distribution of portfolios, one of the two parties shall prepare two lists of ministries and transmit them to the other party, which shall have the right to choose one of the lists.

(b) The Prime Minister-designate shall appoint the members of the government as proposed by the two parties. The Vice-President shall then issue a decree setting forth the agreed names of the cabinet members. Nominees shall have a high standard of accountability and
commitment to human rights and international humanitarian law.

11. The members of the government shall take the constitutional oath before the Vice-President. Within ten days, the government of national unity shall submit its programme to Parliament for a vote of confidence within five days.

Functioning of the government of national unity

12. The government of national unity shall take its decisions by consensus. If there is no full consensus on any given matter, the Prime Minister shall consult with the Vice-President or,after the early presidential elections, the President, in order to reach consensus. If consensus between them is not possible, the Vice-President or, after the early presidential elections, the President, shall take the final decision.

13. Immediately after its formation, the government of national unity shall

(a) Take the necessary steps, in consultation with the other relevant actors, to ensure the cessation of all forms of violence and violations of humanitarian law; end the confrontation of armed forces, armed formations, militias and other armed groups; ensure their return to barracks; ensure freedom of movement for all through the country; protect civilians; and take the other necessary measures to achieve peace and security and extend State control;

(b) Facilitate and secure humanitarian access and delivery wherever it is needed;

(c) Issue appropriate legal and administrative instructions for all branches of the State sector to comply immediately with standards of good governance, the rule of law and respect for human rights;

(d) Issue specific legal and administrative instructions to the Office of the Public Prosecutor, the police, prisons and security forces to act in accordance with the law and international standards, and to release those unlawfully detained;

(e) The government of national unity shall comply with all resolutions of the Security Council and Human Rights Council and with the relevant international norms and conventions.

Powers of the Vice-President and government of national unity

14. In implementing this Mechanism, the Vice-President shall exercise the following constitutional powers, in addition to those appertaining to his office:

(1) Convening early presidential elections;
(2) Exercising all functions of the President in respect of Parliament;
(3) Announcing the formation of, and swearing in, the government of national unity in the
first phase;
(4) All functions relating to the work of the Committee on Military Affairs for Achieving Security and Stability;
(5) Managing foreign affairs to the extent necessary for the implementation of this Mechanism;
(6) Issuing the decrees necessary for the implementation of this Mechanism.

15. In the first phase, the Vice-President and government of national unity shall exercise executive authority encompassing all matters pertaining to this Agreement, including the following, acting in conjunction with Parliament where appropriate:

(a) Formulating and implementing an initial programme of economic stabilization and development and addressing the immediate needs of the population in all regions of Yemen;

(b) Coordinating relations with development donors;

(c) Ensuring that governmental functions, including local government, are fulfilled in an orderly manner in accordance with the principles of good governance, rule of law, human rights, transparency and accountability;

(d) Approving an interim budget, supervising the administration of all aspects of State finance and ensuring full transparency and accountability;

(e) Taking the necessary legislative and administrative steps to ensure that presidential elections are held within 90 days of the entry into force of this Mechanism;

(f) Establishing the following institutions as provided for by this Mechanism:

(1) Committee on Military Affairs for Achieving Security and Stability;

(2) Conference for National Dialogue.

(g) The government of national unity and the Vice-President shall immediately establish a liaison committee to engage effectively with youth movements from all parties in the squares and elsewhere in Yemen, to disseminate and explain the terms of this Agreement; initiate an open conversation about the future of the country, which will be continued through the comprehensive Conference for National Dialogue; and involve youth in determining the future of political life.

Committee on Military Affairs for Achieving Security and Stability

16. Within five days of the entry into force of the GCC Initiative and the Mechanism, the Vice-President in the first transitional phase shall establish and chair a Committee on Military Affairs for Achieving Security and Stability. The Committee shall work to

(a) End the division in the armed forces and address its causes;

(b) End all of the armed conflicts;

(c) Ensure that the armed forces and other armed formations return to their camps; end all armed presence in the capital Sana’a and other the cities; and remove militias and irregular armed groups from the capital and other cities;

(d) Remove road blocks, checkpoints and improvised fortifications in all governorates;

(e) Rehabilitate those who do not meet the conditions for service in the military and security forces;

(f) Take any other measures to reduce the risk of armed confrontation in Yemen.

17. During the two transitional phases, the Committee on Military Affairs for Achieving Security and Stability shall also work to create the necessary conditions and take the necessary steps to integrate the armed forces under unified, national and professional leadership in the context of the rule of law.

Early presidential elections

18.(*) The early presidential elections shall be held in accordance with the following provisions:

(*) Translator’s note: this paragraph is mis-numbered 20 in the original Arabic text.

(a) The elections shall take place within 90 days of the signature of the GCC Initiative and the Mechanism;

(b) The early elections for the post of President shall be organized and supervised by the Higher Commission for Elections and Referendums using the current register of voters on an exceptional basis. Any citizen, male or female, who has attained the
legal age for voting and can establish as much on the basis of an official document such as a birth certificate or national identity card, shall have the right to vote on the basis of that document;

(c) The sides commit not to nominate or endorse any candidate for the early presidential elections except for the consensus candidate Vice-President Abd Rabbuh Mansur Hadi;

(d) The Secretary-General of the United Nations is requested to provide and coordinate electoral assistance to help ensure the orderly and timely holding of elections.

Part IV. Second phase of the transfer of power

Functions and powers of the President and government of national unity

19.(†) After the early Presidential elections, the newly elected President and the Government of national unity shall exercise all of their customary functions as set forth in the Constitution. In addition, they shall exercise the powers necessary to continue the tasks specified for the implementation of the first phase, and additional tasks specified for the second phase of the transfer of power. The latter include

(†) Translator’s note: this paragraph is mis-numbered 21 in the original Arabic text.

(a) Ensuring that the Conference for National Dialogue is convened, and forming a preparatory committee for the Conference, as well as an Interpretation Committee and other bodies established pursuant to this Mechanism;

(b) Establishing a process of constitutional reform that will address the structure of the State and the political system, and submitting the amended Constitution to the Yemeni people in a referendum;

(c) Reforming the electoral system; and

(d) Holding elections for Parliament and the Presidency in accordance with the new Constitution.

Conference for National Dialogue

20.(‡) With the beginning of the second transitional phase, the President-elect and the government of national unity shall convene a comprehensive Conference for National Dialogue for all forces and political actors, including youth, the Southern movement, the Houthis, other political parties, civil society representatives and women. Women must be represented in all participating groups.

(‡) Translator’s note: this paragraph is mis-numbered 18 in the original Arabic text.

21.(§)The Conference shall discuss the following issues:

(§) Translator’s note: this paragraph is mis-numbered 19 in the original Arabic text.

(a) The process of drafting the Constitution, including the strong>establishment of a Constitutional Drafting Commission and its membership;

(b) Constitutional reform, addressing the structure of the State and political system, and submitting constitutional amendments to the Yemeni people through a referendum;

(c) The dialogue shall address the issue of the South in a manner conducive to a just national solution that preserves the unity, stability and security of Yemen.

(d) Examination of the various issues with a national dimension, including the causes of tension in Saada;

(e) Taking steps towards building a comprehensive democratic system, including reform of the civil service, the judiciary and local governance;

(f) Taking steps aimed at achieving national reconciliation and transitional justice, and measures to ensure that violations of human rights and humanitarian law do not occur in future;

(g) The adoption of legal and other means to strengthen the protection and rights of vulnerable groups, including children, as well as the advancement of women;

(h) Contributing to determining the priorities of programmes for reconstruction and sustainable economic development in order to create job opportunities and better economic, social and cultural services for all.

Constitutional Commission

22. The government of national unity shall establish a Constitutional Commission immediately on the conclusion of the work of the Conference of National Dialogue within six months. The Commission shall prepare a new draft constitution within three months of the date of its establishment. It shall propose the necessary steps for the draft constitution to be discussed and submitted for referendum in order to ensure broad popular participation and transparency.

Organization of elections under the new Constitution

23. Within three months of the adoption of the new Constitution, Parliament shall enact a law convening national parliamentary elections and, if provided for by the Constitution, presidential elections. The Higher Commission for Elections and Referendums shall be
reconstituted and the new register of voters re-compiled in accordance with the new Constitution. That law will be subject to subsequent review by the newly elected Parliament.

24. The term of the President elected under paragraph 7 of this Mechanism shall end upon the inauguration of the President elected under the new Constitution.

Part V. Settlement of disputes

25. Within 15 days of the entry into force of the GCC Initiative and the Mechanism, the Vice-President and the Prime Minister of the government of national unity shall form an Interpretation Committee to which the two parties shall refer in order to resolve any dispute regarding the interpretation of the GCC Initiative or the Mechanism.

Part VI. Concluding provisions

26. Women shall appropriately represented in all of the institutions referred to in this Mechanism.

27. The Government shall provide adequate funding for the institutions and activities established by this Mechanism.

28. In order to ensure the effective implementation of this Mechanism, the two parties call on the States members of the GCC and the United Nations Security Council to support its implementation. They further call on the States members of the GCC, the permanent members of the Security Council, the European Union and its States members to support the implementation of the GCC Initiative and the Mechanism.

29. The Secretary-General of the United Nations is called upon to provide continuous assistance, in cooperation with other agencies, for the implementation of this Agreement. He is also requested to coordinate assistance from the international community for the implementation of the GCC Initiative and the Mechanism.

30. The following are invited to attend the signature of this Mechanism: the Secretary-General of the GCC and the Secretary-General of the United Nations or their representatives, as well
as the representatives of the States members of the GCC, the permanent members of the United Nations Security Council, the European Union and the League of Arab States.

(Signatures and dates)

Annex

Exercising(**) the authority conferred on me by the President under Presidential Decree No. 24 of
2011, I hereby solemnly convene elections for the office of President of the Republic to be held on
00/00/2012. This Decree is deemed to be in force from today, and the convening of elections contained therein is irrevocable. The convening of elections shall take effect in accordance with the provisions of the Mechanism, without any need for any further steps, sixty days before the holding of elections as set forth in the Mechanism.

** Translator’s note: On the basis of the unofficial English translation, the following may be missing from the Arabic
text:

†Annex: Decree issued by the Vice-President concurrently with the signature of the GCC Initiative and the Mechanism.

The Vice-President of the Republic, acting under to the authority conferred on him by the President under Presidential
Decree No. 24 of 2011.â€

This decree shall be published in the Official Gazette.

Posted by yemenexposed â‹… November 23, 2011 â‹…

وقع ممثلو المؤتمر الشعبي العام وأحزاب المشترك على الآلية التنÙيذية المزمنة للمبادرة الخليجية يوم أمس الأربعاء ÙÙŠ العاصمة السعودية الرياض بعد توقيع Ùخامة الرئيس علي عبدالله صالح رئيس الجمهورية على المبادرة الخليجية لحل الأزمة السياسية ÙÙŠ اليمن . (Read on …)

Scahill reports that U.S. drone strikes, civilian drone casualties and deepening poverty in Yemen have all contributed to the cause of an Islamist uprising and how the U.S. has always “gotten it wrong” in Yemen.

In the interview, Scahill says that, “The arrogance of the U.S. was always thinking that whatever U.S. official was sent to Yemen was smarter than Ali Abdullah Saleh. … [Saleh] was a master chess player and he milked counter-terrorism as his cash cow. [U.S.-supplied] forces have almost never been used to actually battle anyone determined to be terrorists. They’ve existed primarily for the defense of the Saleh regime.”

He goes on to highlight the difference in perspectives between the U.S. and the actual Yemeni people, “One tribal leader who said very clearly,’al-Qaeda’s a terrorist organization. Yes these guys want to destroy America’…’you consider them terrorists. We consider the drones terrorism.’”

Boston Herald: MIAMI — Yemeni President Ali Abdullah Saleh is in the United States with full diplomatic immunity, Secretary of State Hillary Clinton’s legal adviser has written the Pentagon, and should not be compelled to provide sworn testimony for the Guantanamo war court. (Read on …)

Yemen Post: A Yemeni human rights group, HOOD, revealed that 184 protesters enforcedly disappeared, emphasizing that no official authority has stated about their fate.

A senior officer of Hood, Abdul-Rahman Barman, said that the organization handed over a list of the disappeared names to the Interior Minister, pointing out that their families look for them everywhere and they become more worried every day.

Hood expressed deep concern about this case, demanding the newly-formed military commission to disclose the fate of these people enforcedly disappeared, stressing that the enforced disappearance is a crime against humanity.

One family had found out its relative in the morgue of Alshorta hospital six months after he was arrested by armed men loyal to the outgoing President Ali Abdullah Saleh.

Yemen protesters had alleged that security and army services arbitrarily detained hundreds of peaceful protesters across the country, subjecting them to torture and ill-treatment, since anti-government demonstrations began in February 2011.

Some released prisoners affirmed that huge numbers of protesters and soldiers of the defected First Armored Division were being held in custodies belonging to military camps loyal to Saleh.

During several conferences held in Sana’a with some of freed prisoners, they made clear that they were subject to brutal forms of tortures, including electro-shock devices and beating with cables and whips after being blindfolded and handcuffed.

Yemenis have been demonstrating across the country demanding the release of detainees held by Security services which are still controlled by people loyal to Saleh.

The exact number of detainees being held by the authorities is unknown, but activists say that it could be as high as 1,400.

al Sahwa: Alsahwah.net- The US Ambassador to Yemen Gerald Feierstein has expressed sorrow at foreign intervention in Yemen, pointing out to the Iranian support to the Houthi group.

“We would be so worried about any foreign interventions in Yemen that aim at raising security or political troubles,” he said In an interview with a Yemeni state-run TV.” We are so concerned about the Iranian attempts to undermine stability and security in Yemen.”

He had renewed the attitudes of his country toward the power transfer and the efforts of the political settlement under the GCC-deal and working with all political parties to sustain the interim government.

Minister of Local Administration: Provincial governors will be appointed in May next in line

Barakish – said Minister of Local Administration in the government of national reconciliation on the Yazidi will be appointed governors of the provinces of Yemen by consensus after the expiration of the current conservative, and Yazidis, said that the current period of the Governors of the provinces will end in May next

The Minister of Local Administration in an interview with the newspaper “Republic” that after the early presidential elections will be reconsidered in the development of provinces and districts in which the problems, noting that there were positions vacant for some of the governors of the provinces and that will be a review of the situation of Governors of the provinces all.

“We should get to reset the governors of the provinces Twafiqian as we form a government of national consensus and everything will be by consensus and through dialogue.”

He pointed out that the Yazidi conservative current period will end in May next, adding that he should put everything to the dialogue harmonic «in order to lay the correct and current systems for running the country during the next two years».

In dismissing the factions in the southern movement of the presidential elections on 21 February, The Minister of Local Administration for communication between the government and «some of the leaders of the movement», as it seeks «to convince them that participation in elections is the practice of democracy« No one should compel any citizen had to make vote or not to force him to cast his vote in the elections ».

The national dialogue conference to be held after the election, which will be where all the issues and outstanding problems, particularly the Southern cause, and Yazidi said that «the issue of the South to deny deny Yemen».

Al-Qaeda leader in southeastern Yemen killed by elder brother

Yemen Post Staff: Hazam al-Thahb, Yemeni tribal chief from the southeastern Yemeni town of Rada, which was briefly taken over by al-Qaeda militants, killed his younger brother, Tariq al-Thahb, a high-profile leader in AQAP.

Hazam broke on Wednesday evening into a mosque, where his brother and some of al-Qaeda militants were living, and killed his Tariq and some of his followers, tribal dignitary from the area told Yemen Post on condition of anonymity because of the sensitivity of the subject.

“He has killed his younger brother after he repeatedly warned him not to align himself with the islamists, however his brother was obstinate and did not pay heed to his warnings and advice. That’s why he had to kill him before he is killed by the authorities, said the tribal dignitary. (Read on …)

Yemen: Civic Coalition of Youth Revolution condemns Takfirism campaign

“The Civic Coalition of Youth Revolution” CCYR has reviewed the dangers besetting the homeland and revolution with its supreme goal of the new democratic civil Yemen, for sake of which people made big sacrifices.

The CCYR noticed a most important hint in such a historical moment represented in a return to language of Takfeer /Takfirism, exclusion and cancel of others . These are the same values practiced by the former regime throughout 33 years, for which the people of Yemen took to streets.

Most importantly is that it is an influential player within one of the biggest joint meeting parties’ components that practices such behavior and while such a player did not abide by the declared political program of the Islah party, it also did the same for the first goal of revolution represented through establishing the new civil democratic country that respect freedom of thought, belief and of expression.

The CCRY, having condemned such behavior of past black era logic, confirms continue peaceful struggle against any obstacles facing the new Yemen dream of the people.

The CCYR calls Islah leadership to express their attitude towards such practices in a clear manner, for it is an influencing individuals in Islah party who did so.

The CCYR informs all forces of modernization and civilians with care about future of Yemen to practice role of raising awareness on such risks and to fight them everywhere.

The CCYR confirms solidarity with all involved in the Takfirism campaign, Bushra Almaqtary, Fikry Qassem, Salah Aldakak, Muhsen Aed, Sami Shamsan, Adel no’man being last of them.