Legislative Changes to Strengthen Yemen’s Judicial Independence

Yemen may soon take an important step to strengthen judicial autonomy, by enacting legislative changes consistent with Article 149 of its constitution - which calls for independent judicial authority. 

With support from the Middle East Partnership Initiative (MEPI) local grants program, the National Organization for Defending Rights and Freedoms (HOOD) has garnered support from a broad coalition of Parliamentarians, judges, public prosecutors, business leaders, and lawyers for an amended, draft judicial authority law that provides for the administrative and financial independence of the judiciary.  The key amendments in the draft law include the election of the 15 judges comprising the Supreme Council for Justice (instead of being appointed by the President); separating the Judicial Authority budget from the Ministry of Justice; and allowing the Supreme Council for Justice to present its proposed budget directly to Parliament.

The draft passed the Constitutional Committee on March 13, and will next be reviewed by the Justice and Endowment Committee and presented to the full Parliament.  According to Lawyer Ahmed Arman, HOOD’s Secretary, the Justice and Endowment Committee will present a report on the draft law to the full Parliament, which could then reject, approve and/or amend it.  Arman noted that 70 Parliamentarians have already endorsed the draft, and said that he is confident that number will increase.  The Parliament is expected to convene and discuss the draft law in the coming weeks, and Arman has high hopes - given the strong backing the draft law has received from senior judiciary members.  “It is going to be a heated debate in Parliament,” he added.

HOOD started its efforts in June 2007, and in conjunction with Yemeni and Arab legal experts has held numerous symposiums to examine and discuss proposed amendments with key stakeholders.  In April, HOOD is planning another two-day workshop for about 100 Parliamentarians to further discuss the draft law, and examine international standards for judicial independence.

HOOD has printed 2400 copies of the draft and disseminated them among the lawyers’ syndicate throughout Yemen.  The text of the draft was also published in Al Seyassah, Al-Ayam, News Yemen, Al-Tagheer Net, AlSahwa Net, and HOOD online.  The project was covered by Yemen Times March 9.