Forming the Supreme Commission for Elections and Referendum has been for long a debated issue between the ruling party – General People Congress (GPC) – and the opposition parties – Joint Meeting Parties (JMP), coalition of opposing parties which includes leftists and Islamists.

A European delegation arrived in Sana'a earlier this week as it seeks to mediate between GPC and JMP to put an end to the existing problems, mainly over the formation of the Supreme Commission for Elections and Referendum (SCER).

Despite the different rounds of talks, both rivals could not reach an agreeable form as this poses a threat to the forthcoming parliamentary elections which are due to be conducted in April of 2009.

The European Union Mission has a history of solving political problems that occur between the government and the opposition as it played important roles in the past supervising the different local, presidential and parliamentary elections. Following those local and presidential elections in 2006, it came up with an initiative of  50 discussion points by which it sought to upgrade the political process in the country.

At the time, the different political parties welcomed the initiative. This is a core reason why opposition parties today demand GPC to abide by it, considering it to be the base of any dialogue according to part agreements.

Media sources revealed that European mission members are to meet each side separately and before having them both sit on the dialogue table, as requested by the opposition.

Such a move by the European mission comes following a constant exchange of accusations between GPC and JMP over the halting of dialogue that aimed at reaching an agreeable means for forming SCER whose members' terms came to end last November.

SCER formation: unresolved problem 

As of 1990, the SCER was formed from political parties and the percentage of each party was decided by its volume of representation in parliament. The aim was to produce an impartial commission. The case remained so until 2007.  

By the end of November 2007, the terms of SCER members came to an end and it was necessary to form a new commission and select new members to perform the different electoral tasks.

However, the matter was not easy due to opposition parties not being happy with its performance which led some of them to doubt its credibility especially when favoring the ruling party.

In 2006, lengthy dispute between GPC and JMP took place over the SCER and its tasks. This prompted international agencies to force a solution lied on appointing two additional members from the opposition to the seven-member commission.

Parliament seeks to amend articles 19, 21 and 22 of the General Elections and Referendum Law. Article number 19 stipulate forming the SCER from seven judges selected by President Saleh from among 14 chosen by parliament. These 14 judges are chosen by parliament from 21 uncontestedly selected by the Supreme Judicial Council.

JMP sees that forming the SCER from judges will disarm it of its impartiality and asks for a commission from political parties and not judges; as they also demand for fair representation in the commission to guarantee its neutrality.

In return, GPC assures that JMP is to blame for not forming the SCER and noted that they refused its constant calls, hinting that opposition parties seek to postpone elections or reach an agreement that favors them over the GPC.           

Parliament sessions boycotted

In Sunday's session, JMP members of parliament refused to attend in protest against the ruling party's nonstop efforts to form the SCER from one side.

The parliament, with majority representing the ruling party, seeks to pass the new amendments of elections law; however, JMP rejects the idea and accuses GPC of trying to endorse the law away from other political players.

Opposition parties also laid responsibility on the ruling party for any consequences that might happen in the future, especially when such amendments are passed without the consent of Yemeni parties.

They also threaten to continue boycotting sessions until the parliament's presidency board cancels the discussion of elections law amendments from the agenda. 

Agreement of principles

On November 25, 2007, government presented a proposal to parliament to endorse the amendments made to the elections and referendum law upon which it can form a new commission to replace the former.

Further, the ruling party maintains that this comes within the frame of agreement of principles signed in 2006 and involved both GPC and JMP. The agreement includes forming the SCER from judges.

It adds that having a commission of judges will serve the wishes of the independent people as political members work as per the directives of their parties.

Though it approved it before, opposition parties don’t agree having a commission from judges, and emphasize that its members should be selected from the political parties. They also ask for the implementation of the 50 points the European Mission introduced in the past.