Global Integrity Report

Yemen Home

Facts

Timeline

Notebook

Integrity Scorecard

2008 Assessment

Yemen: Integrity Indicators Scorecard

Yemen: Integrity Scorecard Report > Sub-Category: Legislative Accountability
Indicators		Score
32	Can members of the legislature be held accountable for their actions?	75
33	Are there regulations governing conflicts of interest by members of the national legislature?	14
34	Can citizens access the asset disclosure records of members of the national legislature?	0
35	Can citizens access legislative processes and documents?	0

Indicator and sub-Indicator Details

Can members of the legislature be held accountable for their actions?

32a: In law, the judiciary can review laws passed by the legislature.

Score:

YES

Comments: To date, the Supreme Court has yet to rule on the constitutionality of enacted legislation.

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

32b: In practice, when necessary, the judiciary reviews laws passed by the legislature.

Score:

100

Comments: Review of the constitutionality of the General Sales Tax has been before the court since 2005. This is the first time a lawsuit involving review of legislation has been handled by the judiciary. Other cases are still awaiting decisions.

References: [ LINK ]

[ LINK ]

32c: In law, are members of the national legislature subject to criminal proceedings?

Score:

YES

Comments: Article 194 deals with cases of loss of membership in Parliament, including criminal actions.

Article 205 states that the Minister of Justice can request a waiver of immunity for a member of Parliament for three months. Article 206 says this can be done by a simple majority vote of members . If the legal procedures for which the member is being tried are not completed within the period, then immunity is restored.

References: Internal Procedures (Bylaws) of the House of Representatives, 1994, Articles 194 -196, 205, 206, [ LINK ]

Are there regulations governing conflicts of interest by members of the national legislature?

33a: In law, members of the national legislature are required to file an asset disclosure form.

Score:

YES

Comments:

References: Financial Disclosure Act, 2006, Article 4 (A3), [ LINK ]

33b: In law, there are restrictions for national legislators entering the private sector after leaving the government.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there are regulations restricting national legislators\' ability to take positions in the private sector after leaving government that would present a conflict of interest, including positions that directly seek to influence their former government colleagues. NO: A NO score is earned if no such restrictions exist.$

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: Financial Disclosure Act, 2006, Article 21 (c), [ LINK ]

33c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature.

Score:

YES

Comments: There are no legal stipulations that cover offers of gifts and hospitality to members fo the House of Representatives.

References: Internal Bylaws of Parliament

Financial Disclosure Law 20, 2006

33d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature.

Score:

YES

Comments: The law leaves the checking to the Supreme National Anti-Corruption Committee (SNACC). No others may view the declarations except "invetigative agencies."

References: Financial Disclosure Law 20, 2006, [ LINK ]

33e: In practice, the regulations restricting post-government private sector employment for national legislators are effective.

Score:

100

Comments: Article 21, bullit c states: 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

33f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective.

Score:

100

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

References: Law 20, 2006, Concerning Declaration of Financial Disclosure

Law No. 1, 2006, Concerning the Internal Procedures of the House of Representatives (Bylaws)

33g: In practice, national legislative branch asset disclosures are audited.

Score:

100

Comments: Only the Supreme National Anti-Corruption Committee (SNACC) and "investigative agencies" are allowed to check the reports.

References: Financial Disclosure Law 20, 2006, [ LINK ] - Arabic)

Law No.1, 2006, Concerning the Bylaws of the House of Representatives

Can citizens access the asset disclosure records of members of the national legislature?

34a: In law, citizens can access the asset disclosure records of members of the national legislature.

Score:

YES

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

References: Financial Disclosure Law 20, 2006, Article 12

34b: In practice, citizens can access legislative asset disclosure records 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. No other relevant stipulations exist.

References: Financial Disclosure Law 20, 2006, Article 12

Internal Bylaws of Parliament

34c: In practice, citizens can access legislative asset disclosure records at a reasonable cost.

Score:

100

References: Financial Disclosure Law 20, 2006, Article 12

Law No. 1, 2006, Internal Bylaws of Parliament

Can citizens access legislative processes and documents?

35a: In law, citizens can access records of legislative processes and documents.

Score:

YES

Comments: There is not much change from this observation: "The parliamentary library has few materials available for legislative use. Important documents and even tapes of televised sessions are kept in secrecy. Access to important information is made difficult for most deputies, except committee chairs. The opposition blames this situation on the authoritarian nature of the government and its attempt to control information as a way to prevent true democratic change."

If that is the case for members of Parliament, they have no greater access than the public at large. Note that the report states this to be the case for the 1993 and 1997 parliaments.

References: [ LINK ]

35b: In practice, citizens can access records of legislative processes and documents within a reasonable time period.

Score:

100

If that is the case for members of Parliament, they have no greater access than the public at large. Note that the report states this to be the case for the 1993 and 1997 parliaments.

The second source states: "The Yemeni government should actively enforce transparency and public access to information law."

References: [ LINK ]

[ LINK ]

35c: In practice, citizens can access records of legislative processes and documents at a reasonable cost.

Score:

100

Comments: "Parliament drafted new instructions to prevent parliamentarians from accessing sources without prior permission from Parliaments chairman and the concerned minister. Even though the Constitution guarantees this right, the government seeks to make it difficult for parliamentarians to have access to information both inside and outside of parliament. Therefore, the general public finds it even more difficult to access the information.

References: [ LINK ]