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2008 Assessment

Yemen: Integrity Indicators Scorecard

Yemen: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
26	Can citizens sue the government for infringement of their civil rights?	100
27	Can the chief executive be held accountable for his/her actions?	44
28	Is the executive leadership subject to criminal proceedings?	100
29	Are there regulations governing conflicts of interest by the executive branch?	25
30	Can citizens access the asset disclosure records of the heads of state and government?	0
31	Official government functions are kept separate and distinct from the functions of the ruling political party.	0

Indicator and sub-Indicator Details

Can citizens sue the government for infringement of their civil rights?

26: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments: There have even been some rare cases where the government lost (see second source).

References: Constitution of the Republic (amended 2001), Article 50, ([ LINK ]

[ LINK ]

Can the chief executive be held accountable for his/her actions?

27a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: There are no regular press conferences or briefings, but there are occasions when the president will discuss the reasons for major changes in policy, to the extent that it does not present any harm or cause misunderstanding of intention.

References: [ LINK ]

27b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: The Supreme court is mandated to do this, but it has yet to be tested.

However, as the second link indicates: "... court rulings are subject to the demands of the government."

There have not been any cases of judicial review of the executive, except for minor "anti-corruption" cases, which are done more for public show than to curtail wrongdoing by the government.

Some review has been done through lawsuits presented by victims of government

References: Constitution of the Republic (amended 2001), Article 153 (e)

[ LINK ]

27c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments: In a rare decision, the court actually ruled in favor of a newspaper editor, whose license had been suspended.

However, the courts are far from being an effective mechanism of checks and balances among the branches of government in Yemen.

References: [ LINK ]

[ LINK ]

Peer Review Comments: In most cases, the judiciary is unable to enforce its judgments.

27d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: If anything, it appears that executive orders are the rule rather than the exception. Presidential orders cover anything from the release of prisoners unjustly imprisoned to improving the lot of civil servants.

References: [ LINK ]

[ LINK ]

Is the executive leadership subject to criminal proceedings?

28a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: Even though the judiciary theoretically is not controlled by the president, it would be unable to take any action if it wanted to.

References: Constitution of the Republic (amended 2001), Article 153 (e)

28b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: To date no prosecution of any minister has taken place for "wrongdoing in office."

References: Constitution of the Republic (amended 2001), Article 153 (e)

Are there regulations governing conflicts of interest by the executive branch?

29a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Law No. 30, 2006, Article 4

29b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments:

References: Law No. 30, 2006, Article 4

29c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments: No specific mention is in the law. It discusses only receipt of money or in-kind assets that "increase" an employee's worth.

References: Law No. 30, 2006, Article 4, [ LINK ]

29d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: "The right to look at the Financial Disclosure Declarations and the explanations, documents and procedures of the evaluation is restricted to the Supreme Anti-Corruption Committee and the relevant investigating agency." From Article 12

There is no specific mention of an external independent auditor in the law.

References: Law No. 30, 2006, Articles 4, 12, [ LINK ]

29e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: Article 30 of the Anti-Corruption Law specifically defines what constitutes "cases of corruption."

Regulations are not there yet. Article 21 (c) touches on this: The Supreme National Anti-Corruption Committee (SNACC) "will study, assess and develop staffing systems in order to ... promote transparency in public posts and prevent conflict of interest between public posts and employees; after-service regulations should be made to regulate or prevent employees from having personal advantages by practicing professional private activities directly related to the posts they used to hold or supervise during service."

References: Constitution of the Republic (amended 2001)

Anti-Corruption Law No. 39, 2006, Articles 21 (c), 30, [ LINK ]

Financial Disclosure Law 20, 2006

Civil Service Law No. 19, 1991

29f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: The Supreme National Anti-Corruption Committee (SNACC) "will study, assess and develop staffing systems in order to ... promote transparency in public posts and prevent conflict of interest between public posts and employees; after-service regulations should be made to regulate or prevent employees from having personal advantages by practicing professional private activities directly related to the posts they used to hold or supervise during service."

References: Anti Corruption Law No. 39, 2006, Article 21 (c)

29g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: None of the relevant laws specifically deal with gifts and hospitality.

References: Law No. 19, Civil Service Law

Law 20, 2006 Concerning Declarations of Financial Disclosure

Law 39, 2006, Combating Corruption

29h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: The law leaves the checking to the Supreme National Anti-Corruption Committee (SNACC) and does not allow for others to view the declarations, except "invetigative agencies."

References: Law 20, 2006, Financial Disclosures Declaration, [ LINK ]

Can citizens access the asset disclosure records of the heads of state and government?

30a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: The Supreme National Anti-Corruption Committee (SNACC) and "investigative bodies" are the only ones allowed to view Financial Disclosure Declarations.

References: Final Disclosure Law, 2006

30b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: The Supreme National Anti-Corruption Committee (SNACC) and "investigative bodies" are the only ones allowed to view Financial Disclosure Declarations.

References: Financial Disclosure Act, 2006, Article 12

30c: In practice, citizens can access the asset disclosure records of the heads of state and government at a reasonable cost.

Score:

100

Comments: The Supreme National Anti-Corruption Committee (SNACC) and "investigative bodies" are the only ones allowed to view Financial Disclosure Declarations.

References: Financial Disclosure Act, 2006, Article 12 of

Official government functions are kept separate and distinct from the functions of the ruling political party.

31: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: Although the first source is somewhat old, it does provide lengthy insights into how the People's General Congress exerts its political muscle to realize its political will.

References: [ LINK ]

[ LINK ]