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POLITICS
Last updated: 01:09:05 PM GMT(+03) Monday, 12, April, 2010
 
 
National Defense Council:
Power that exceeds all institutions
 
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FOR THE YEMEN POST
Some were surprised by the decisions that were made by National Defense Council (NDC) in its meeting last week, regarding the use of loans, aids, public resources and investments.
The Council was established by a presidential decree in 1991 and the law set its powers to the military side.
The decisions were blessed by the editorial of September 26th newspaper, as well as the rest of official newspapers, describing them as important decisions. However, they were considered by some political forces as militarization of political life and an indication of declining legitimacy of the ruling elite.
(NDC) called the government to exploit and develop public resources through effective collection of taxes, customs, from cement factories, and fisheries revenues, as well as encouraging investments and holding defaulted institutions accountable for the misuse of grants and loans.
Regardless of the decisions on the military side, which is basically the powers of the council, prior decision were taken before the recent ones like calling to a national comprehensive dialogue under the dome of the Shura Council which was launched last December. However, the invitation was postponed to an unknown date due to some political, security, and economic changes that occurred in the country last few days, including conferences adopted by international countries to look at issues and crises of Yemen which threaten the region and the international community.
In addition, when the NDC called for dialogue, the committee of national dialogue responded that the Council should not be involved in dialogue because it is not of its constitutional powers, which is further evidence of the intention of the authority to militarize political life, which means toppling the opposition and the entire political system if acknowledged.

Constitutional powers of (NDC):
- Making policies for the preparation of all state’s potentials, including human, material, intellectual, and moral resources in order to prepare them for conversion from peace to war times according to the conditions, as well as observing this policy.
- Estimating war and emergency situations and taking the right procedures.
- Determining the policies for the preparation of armed and security forces, including organizing and supplying. Also, determining the size, strategic functions, and the organizational structure of armed and security forces whether in peace or war, according to plans and proposals submitted by concerned bodies.
- Studying the readiness of combat, training, arms, and equipments of the armed and security forces.
- Setting the rules and plans that ensure the cooperation between the armed forces, security, government departments, and non-governmental organizations in order to support war efforts in peace and war.
- Appointing the situations that permit the use of armed forces according to law and Constitution.
- Looking at war conventions, military alliances, peace treaties, and making appropriate recommendations according to the Constitution.
- Studying the issues related to the development of armed and security forces, including establishing new military formations and adopting the scientific planning for military policy.
- Making policies for the civil defense in the country.
-The Council exercises mobilization, and manages war when it breaks out according to law.

Militarization of the political life
Dr. Mohamed Al-Tahery Professor of Political Science at Sana’a University explained the government’s use of military institutions is due to its inability to meet the minimum demands of citizens. Therefore, it is trying to send implicit messages, and threats of Somaliazation and Afghanization.
He added that to involve military parts in civil matters affecting the political system, and decreasing the legitimacy of authority. Moreover, military institutions are close to decision-making unlike developed countries and the neutrality of its military. We do not have democracy and tools of democracy turned into tools to political circumventing. The ruling elite is not ready politically and psychologically for decision-making through civil institutions.

Political activity is contrary to the law
Lawyer Abdul Rahman Berman said that the law (62) dated in 1991 on the establishment of (NDC) determined the functions of the council in Article (3) included making public policies for preparing the combative readiness and the declaration of war… etc. Article (38) under which the Council is established, issued that the Council secures and supports the Republic of Yemen and its safety. He added: Article (40) forbids the use of armed and security forces, police and other forces for the benefit of a party, an individual or a group, and must be protected from all forms of discrimination, including: partisan racism, sectarianism, regionalism, and tribalism in order to ensure their impartiality and to do their functions in an appropriate way.
He further stated that when reading constitutional texts, we note that they identified the functions of the Council. On the other hand, they forbid any security or military part to exercise any political activity. He concluded: The National Defense Council’s call to dialogue is the exercise of political activity which is contrary to Constitution and law.

No justification for the opposition’s disturbing
The head of the General People’s Congress Media Office Tariq Al-Shami said the Council includes leaders of state institutions and chaired by the President of the Republic and is working on the adoption of what is the best for the national interest in the context of Constitution.
He stressed that the nature of the resolutions and recommendations issued by the Council as a whole falls only within the framework of the adoption of strategies. However, regarding the implementation, State institutions are involved in the process of implementation according to its constitutional powers.
He also noted that the Council’s keenness to defend the security and stability draws attention to various activities that may affect the interests of the country.
He stressed that the ones who are troubled by the decisions issued by (NDC) are aiming to a state of anarchy and chaos. Their goal is to implement their plans to impede the developing process. The keenness of (NDC) for dialogue is supposed to be positive, because treatment of political differences through dialogue is the best way to handle all issues rather than using violent methods that affect the security and tranquility of the community.

 


YEMEN POST STAFF
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Source: Yemen Post Newspaper
 
 
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