National Dialogue Conference Outcomes Document 1 Foreword It is a great priviledge to have the honour of writing the special introduction of the most important document in Yemen’s contemporary history, which is the final document of the Comprehensive National Dialogue Conference that lasted from March 18, 2013 to January 25, 2014. This conference was the first of its kind in the history of Yemen, both in terms of its causes, primarily the popular peaceful youth revolution; in terms of its arrangement and preparatory mechanism; composition and representation; in its management and the distribution of working groups; the quality of the issues examined and discussed, and the solutions developed; and in terms of the unique vision that ensured the severing of the road of a return to the rule of tyranny by the individual, the tribe, and the family, and the development of a real foundation upon which to build a state of institutions, law and order, justice and equality, and responsible freedoms. The document, in our hands, represents a summary of the hopes and aspirations of the great Yemeni people since the dawn of their struggle for freedom and a good life, and salvation from tyranny and colonialism. Fifty-two years since the Yemeni revolution on 26 September 1962 and 14 October 1963, our people suffered from a difficult spiral of conflicts that did not end, but they did not give up and invented unique methods of struggle reflecting the essence and glorious cultural depth in order to achieve the objectives which flowed from the pioneers of successive revolutions. These goals are embodied here today, in an unprecedented way between the covers of this document which carries a summary of those hopes and ambitions to ensure the transfer of Yemen to the prospects of modernity and spirit of the era, while adhering to Shari’ah, Islamic values and authentic morals without loosing its soul or self, so the great peoples adopt their awakening without abandoning their mettle, character and values. This document will not see the light or materialize a new reality in our lives, we Yemenis, except if we continue to work hard to implement it and apply the insights and perceptions of men and women both in the spirit that one does not separate us by small differences and narrow partisanships, or due to the past and its ills. Inspired by lessons and through our struggle, we always prepare the interests of our children and grandchildren in a great nation that will remain under the banner of security, justice, freedom, equality and a good life. Only in this spirit will we build a new Yemen, a Yemen that sacrificed thousands of youth among our children until they see a reality after it was a haunted dream that haunts us all, but they will see it soon after we complete the vision between the covers of this timeless historic document that we will all work to implement without hesitation, fear or inertia. So to each input from the men and women members of the National Dialogue Conference we give every thanks and appreciation between there were on the level of confidence of their own people and 2 did not dissapoint at all, the Secretariat leading as it should, as such we direct to them a tribute of love, gratitude and respect. May God help us for the good of our people and our nation, and guide our footsteps, For He is the guide to the straight path Abd Rabbo Mansour Hadi President of the Republic Chairman of the comprehensive national dialogue conference 3 Table of Contents1 Chapter One: Introduction ................................................................................................................. 5 Chapter Two: Outcomes of the Comprehensive National Dialogue Conference ............................... 6 Section One Reports from the Working Groups ............................................................................. 6 The Southern Working Group ........................................................................................................ 6 The Sa’dah Working Group .......................................................................................................... 13 National Reconciliation and Transitional Justice Working Group ................................................ 24 Working Group on State Building and Constitution-Principles and Foundations ........................ 43 Working Group on Good Governance .......................................................................................... 65 Working Group on Building the Foundations for the Security and Military Institutions .............. 93 Working Group on Independent Institutions and Special Issues ............................................... 119 Working Group on Rights and Freedoms ................................................................................... 140 Working Group on Development ............................................................................................... 164 Section Two: Statements from the Comprehensive National Dialogue Conference ..................... 216 Section Three: Criteria of the Constitutional Drafting Committee ................................................. 218 Section Four: Guarantees of Outcomes of the Comprehensive National Dialogue Conference .... 219 Chapter Three: Closing Statements ................................................................................................ 225 Chapter Four: Annexes ................................................................................................................... 236 1 Document assembled by the Political Settlements Research Programme (University of Edinburgh) from multiple non-official translations of Working Group Outcomes submitted to the first and second plenary sessions by the UN and International IDEA. 4 Chapter One: Introduction [Summary: introduction goes through the historical context of Yemen’s conflict and then goes on to highlight the importance of the NDC. The second section summarizes the NDC process, the tasks of the working groups and how the NDC Outcomes Document developed.] 5 Chapter Two: Outcomes of the Comprehensive National Dialogue Conference Section One Reports from the Working Groups The Southern Working Group Sana’a, 23 December 2013 I. Addressing the Past Based on the Gulf Cooperation Council (GCC) Initiative and Implementation Mechanism (Transition Agreement signed in Riyadh in November 2011) and Security Council resolutions 2014 and 2051, which states that the political transition requires the participation and cooperation of all groups, including those groups that were not party to the GCC initiative and Implementation Mechanism, and pursuant to the conclusions of the Working Group on the Southern Question adopted by the Second Plenary of the National Dialogue Conference (NDC) and the Rules of Procedures of the Conference, and after discussing all visions and proposals since 10 September 2013, we the political and social constituencies participating in the National Dialogue have reached this agreement that achieves the highest possible degree of consensus. In this agreement we commit to a just solution of the Southern Question within a unified State, on the basis of federalism and democracy, pursuant to the principles of a State that upholds rights, law and order, and equal citizenship through the creation of a new state structure and social contract that will establish the unity of the new federal state, its sovereignty, independence and territorial integrity. This new federal state shall represent a complete break from the history of conflict, oppression, abuse of power and monopoly of wealth. While we recognize the contributions and sacrifices of the peaceful Southern Hiraak movement and the struggle of the Yemenis for change, we anticipate that the new federal state will need to be built in full recognition of the grievous errors and injustices that have been committed in the South. Accordingly, the Government of Yemen shall redress these injustices, including through the full implementation of the 20+11 points within the period of transition to the Yemeni federal state, and this is an integral part of our collective endeavour to build a new federal Yemen. In particular, redress for past injustices must be achieved without delay, subject to a timetable to be specified in the follow up to the implementation of the NDC outcomes. Obligations of restitution, including return of seized land, restoration of confiscated properties and compensation must be fully funded and fully delivered in accordance with the principles of transitional justice without discrimination in order to lay the foundation for a future that overcomes all past grievances and 6 achieves national reconciliation. Those who have suffered most must be given the highest priority. Overall, the South must be assured that there will be no return to the past or abuses of power and wealth, above all with respect to security, stability and development. We are all committed to a full and just resolution of the Southern Question, which will lay the foundation for a new Yemeni state, federal in character, founded on popular will and designed to ensure the freedom and prosperity of its sons and daughters. To this end, we will apply the following principles. II. Principles (1) A new constitution shall be drafted requiring that the will of the people, equality and compliance to the highest international human rights norms and standards shall be the basis for the authority and legitimacy of the federal state at all levels, as expressed through representative,