YEMEN: An Introduction

The following Overview featured in Global 2023 and is awaiting update from the firm.

Historical Background 

The port of Aden is located in Yemen, on the southwestern coast of the Arabian Peninsula. It has a long and rich history dating back to ancient times.

Aden became an important port and trade centre in the 7th century BCE due to its strategic location on the trade routes between Africa, the Middle East, and Asia. The port was used as a stopover for ships travelling between the Red Sea and the Indian Ocean, and it became an important hub for the trade of various goods, including frankincense, myrrh, and spices.

In the 1st century CE, the port of Aden came under the control of the Roman Empire and was renamed "Aedana." During this time, it continued to be a major trade centre and was known for its busy port and bustling marketplaces.

In the 19th century, Aden became a British protectorate and was developed into a major port and naval base. It was used as a coaling station for the British Navy and became an important gateway for trade between Britain and India.

In the 20th century, Aden continued to be an important port for the British Empire and was a key transit point for shipping oil from the Persian Gulf. In 1967, Aden became part of the independent state of South Yemen, and in 1990 it became part of the unified Republic of Yemen. Today, the port of Aden is an important commercial and industrial hub, serving as a major transit point for goods travelling between the Middle East and Africa. It is also a hub for the production and export of oil, gas, and other resources.

The legal system in Yemen is based on Islamic law, with elements of civil law and tribal customs. The main source of law in Yemen is the constitution, which was adopted in 1991 and amended in 1994. It is administered tripartite by the Ministry of Justice the Supreme Court and the Prosecutor General.

The general policy of the judiciary is determined by the Higher Judicial committee comprising of seven members consisting of the Minister of Justice and his deputy the Chief Justice of the Supreme Court, and his deputy and the prosecutor general and two other senior jurists appointed by them.

In addition to the formal legal system, Yemen has a system of tribal justice, in which disputes within a tribe are resolved by the tribal leader or a council of elders. This system is often used to resolve disputes that arise in rural areas, where access to the formal legal system is limited.

It is important to note that the legal system in Yemen has been greatly disrupted due to the ongoing conflict in the country. The situation in Yemen is fluid, and it is advisable to seek the most up-to-date and reliable information before making any legal decisions or taking any legal action in the country.

Recent Political Developments in Yemen 

Yemen is the Arabian Peninsula’s poorest and most populous country. Unemployment is high, and corruption has been widely perceived as being endemic.

Yemen’s political rift started back in 2009 when the government and a six-party opposition coalition, the “Joint Meeting of Parties” (JMP), agreed, through a national dialogue, on a set of electoral and constitutional reforms. However, this dialogue collapsed in late 2010. On 31 December the Council of Representatives discussed a series of constitutional amendments which included the reduction of the presidential term from seven to five years and the removal of the two-term presidential limit while introducing an electoral quota for women.

The said constitutional amendments which included the reduction of the presidential term from seven to five years and the removal of the two-term presidential limit caused anger from the majority of the citizens of Yemen resulting in street protest. The ensuing protests, which have been generally peaceful, were further fuelled by unrest in other countries of the region. Permanent “sit-ins” appeared in several cities by February, with an increasing number of Yemenis taking to the streets either to call for governmental reforms or in support of the government.

On 2 February 2010, President Saleh announced that he would neither seek re-election nor have his son succeed him. However, following this announcement, demonstrators calling for governmental reforms repeatedly were met with violence, resulting in a significant number of deaths and injuries. Almost all political factions joined in support of the demands of what became known as “the popular revolution of the youth”. Subsequently, President Saleh alternated between offering further concessions, including sweeping constitutional reforms, and resorting to threatening rhetoric.

On 8 April 2011, a Gulf Cooperation Council’s (GCC) initiative proposed the creation of a “Cabinet of National Accord”, according to which the President would transfer his powers to the Vice-President; and elections and the drafting and adoption of a new constitution would follow. In exchange, the President and those who had served under him would be granted immunity from prosecution. While many protesters objected to the offer of immunity, the JMP reluctantly signed on 21 May followed by senior members of the ruling party. However, President Saleh repeatedly refused to personally sign the GCC initiative and, following his third refusal on 22 May, fighting erupted inside Sana’a. Residences and public buildings were heavily damaged in exchanges of fire involving artillery forcing thousands of inhabitants to flee, and violence soon spread beyond Sana’a.

Violence further escalated on 3 June, when an explosion during prayer inside the mosque of the presidential palace killed 11 and injured President Saleh and some other senior officials. The injured were evacuated to Saudi Arabia for medical treatment. Prior to the 3 June attack, President Saleh had reportedly finally agreed to sign the GCC-led initiative.

Yemeni authorities lost effective control of parts of the country and within the major cities, including the capital. Armed opponents were in de facto control of entire districts.

Between 2012 and 2014 Yemen witnessed continued street demonstration and a state of lawlessness, and on in September 2014 militia forces took over Sana’a, then on 23 September 2014 the Security Council issued a press statement that President Abdrabbuh Mansour Hadi is the legitimate President of Yemen based on election results and the terms of the Gulf Cooperation Council (“GCC”) Initiative and Implementation Mechanism.

On the 21st of January 2015, and as a result of the sudden resignation of President Hadi and the resignation of the entire government of Yemen headed by Prime Minister Bahah, a political and constitutional void was created which resulted in the Ansar-Allah political faction (“the Houthi Factions”) to announce the dissolution of the Government of Yemen and establish a Supreme Political Council and the formation of a Revolutionary Council.

In response to the fall of the capital Sana'a the Security Council of the UN issued Resolution 2201, demanding that the Houthi factions withdraw their forces from government institutions, including in the capital, Sana’a.

The Status of the Political Dispute 

It has never been more confusing, or more difficult, for companies to manage their affairs in Yemen.

Companies are torn between two presidents, two governments and two parliaments, each of whom is claiming legitimacy. Neither government recognises the other, and decisions of each of the governments is neither recognised nor implemented in the territories controlled by the other.

Further, neither government is in a position to claim that it is effectively managing the territories it occupies, nor is able to effectively manage to generate sufficient income to pay for salaries or to secure basic services. Both governments are corruptible and have lost the trust of the people of Yemen.

The recent efforts of the UN Special Envoy to propose a roadmap for Yemen failed again, after having been rejected by both Sana’a and Aden. The draft proposal was too superficial and failed to understand the real causes behind the Yemen dispute. The proposal lacked certainty or assurances for the parties to be assured that once accepted it will have the necessary power and backing of the UN and of the international community for it to be implemented. The people of Yemen remain extremely frustrated and disappointed.

As of today, there does not seem to be any realistic proposal submitted as a settlement to the Yemen dispute. The coalition headed by Saudi Arabia and the Yemen Government in Aden are of the opinion that the only option they have to succeed is through military means, by taking over the entire country while the Houthie faction and affiliated tribes are of the opinion that they are in a position to resist any aggression, and that the coalition forces will never be in a position to capture any of the territories they control, as evidenced by their resistance since the commencement of operation Decisive Storm back in March 2015.