March 2012 Monthly Forecast

Posted 29 February 2012
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MIDDLE EAST

Yemen

Expected Council Action
In March, the Council is expecting a briefing in consultations on the situation in Yemen by the Secretary-General’s Special Adviser, Jamal Benomar. (Benomar has been briefing the Council regularly since the adoption of resolution 2014 on 21 October 2011.)

No Council action is expected at this point.

Key Recent Developments
Yemen has seen many important developments in the last several weeks. Benomar last briefed the Council on 25 January after extensive travel in the region and within Yemen. In a press statement issued on 25 January, the members of the Council welcomed the formation of the Government of National Unity following the signing of the Gulf Cooperation Council (GCC) initiative and called for peaceful elections on 21 February. Members of the Council were concerned by the deteriorating security situation and condemned terrorism while urging all parties to reject violence.

Violent incidents have indeed continued. Thousands protested, on 24 December 2011, against the killing of nine demonstrators in Taiz by forces loyal to President Ali Abdullah Saleh. On 5 January, country-wide protests demanding the release of political detainees took place. Militants reportedly affiliated with Al-Qaeda seized the town of Radda in Al-Baydah province, 105 miles southeast of Sana’a, on 14 January. On 23 January, a wave of mutinies that spread to four Yemeni air bases—in Sanaa, Al-Anad, Taiz and Hodeida—was reported. Yemeni airmen demanded the removal of Maj. Gen. Mohammed Saleh, the president’s half-brother and commander of the air force.

Saleh departed Yemen for medical treatment in the US via Oman on 22 January, but returned to Sanaa in time for the presidential inauguration of Vice President Abdrabuh Mansour Hadi on 25 February.

The process leading up to the election encountered considerable challenges as there was a great deal of uncertainty if Saleh was serious about the election and if indeed the election would take place. After meetings with US and UN diplomats, on 18 January, Foreign Minister Abu Bakr Al-Qirbi reportedly retracted his earlier comments made to Al-Arabiya television that the presidential elections might be postponed. On 21 January, the Yemeni parliament approved Hadi’s nomination as the consensus candidate for the presidential elections.

On 21 February, uncontested presidential elections took place. Several people were reported killed or wounded in sporadic violence throughout Yemen, including attacks on polling stations. Shiite Houthis in the north and the separatist Southern Movement boycotted the elections. Under the terms of the GCC initiative, Hadi is charged with extending national dialogue to include all political parties and to consider proposals for constitutional reform and the restructuring of the armed forces. (Saleh signed the GCC initiative in Riyadh, on 23 November, after negotiating an accompanying “implementation mechanism” that dealt with the details of the transition process, including  the granting of immunity to Saleh and his aides, his role during the transition period as well as the timeframe.)

Following the presidential election, members of the Council issued a press statement on 22 February, acknowledging the significance of the political transition through presidential elections and encouraging a fully inclusive national dialogue, the constitutional review and other pending issues.

Human Rights Related Developments
On 6 January, Navi Pillay, UN High Commissioner for Human Rights, urged decision-makers in Yemen to respect the prohibition in international law against amnesties for gross human rights violations. Pillay observed that international law and UN policy were clear in that amnesties were not permissible if they prevented the prosecution of individuals suspected of international crimes, including war crimes, crimes against humanity, genocide and gross violations of human rights. Pillay stressed that a victim-centred approach to justice was essential to restore stability to a society emerging from a period of violent conflict. (Pillay is expected to report to the Human Rights Council, in March, on the situation in Yemen.)

On 8 January, the government approved a draft law granting Saleh and his aides immunity from prosecution for the deaths of protesters. The draft law was amended on 19 January to offer blanket immunity to Saleh but only shield his aides in “political cases.” The amended law was adopted on 21 January.

Key Issues
The key issue for the Council is to determine what role it can play in post-Saleh Yemen to foster a peaceful political transition that abides by the timetables of the GCC initiative and the accompanying implementation mechanism.

A further issue for the Council is its role in preventing a civil war that might threaten Yemen’s territorial integrity.

A related issue for the Council is dealing with the continually precarious security situation in Yemen, which could undermine the new president’s position and the prospects for a political transition process.

Options
The Council’s options include:

  • simply keeping abreast of the developments in Yemen and receiving regular briefings from Benomar and the Department of Political Affairs;
  • issuing a statement encouraging Yemen’s key players to continue to engage in dialogue and ensure the full implementation of the GCC initiative and the accompanying mechanism, whilst emphasising greater unity and political inclusiveness, with the aid of the GCC; or, 
  • agreeing on a clear message cautioning that the Council will be watching the political process closely and warning potential spoilers against any attempt to derail the current transition process (a less likely option).  

Council Dynamics
Council members continue to be cautiously optimistic. However, they acknowledge that despite the symbolism of presidential elections, the process of political transition remains fragile. They are aware that Saleh still holds considerable influence as the head of one of the main political parties, with close relatives holding key military positions, and may therefore be capable of derailing the process.

Council members realise that the continuing poor security situation and perceived lack of inclusiveness of the GCC initiative will have to be remedied soon. Most members would like to maintain the current focus until the full application of the GCC initiative and the accompanying implementation mechanism has occurred.

Some Council members felt that working with the GCC, a regional organisation, was productive despite an imperfect outcome. 

The UK has the lead in the Council on Yemen.

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UN Documents

Security Council Resolution

  • S/RES/2014 (21 October 2011) endorsed the GCC initiative for a peaceful transition of power.

Security Council Press Statements

  • SC/10553 (22 February 2012) noted the significance of presidential elections and encouraged further steps of transition to be taken promptly.
  • SC/10529 (25 January 2012) welcomed the formation of the Government of National Unity and called for credible elections on 21 February.
  • SC/10504 (22 December 2011) welcomed the progress that had been made on implementing the GCC and reiterated their call that it be implemented in a timely and transparent manner. 
  • SC/10460 (28 November 2011) welcomed the signing of the GCC initiative.
  • SC/10394 (24 September 2011) urged all parties to reject violence.
  • SC/10357 (9 August 2011) expressed concern at the worsening economic, humanitarian and security situations.
  • SC/10296 (24 June 2011) expressed grave concern at the deteriorating security and humanitarian situation.

Other Relevant Facts

Special Adviser to the Secretary-General on Yemen

Jamal Benomar (Morocco)

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