Aden – In a move that could further destabilize the already fragile political landscape of Yemen, Aidarus al-Zubaidi, head of the Southern Transitional Council (STC), has announced a “transitional phase” aimed at achieving independence for southern Yemen. The declaration, made amidst ongoing political and military crises, proposes a path towards a referendum on secession.
While Al-Zubaidi frames the initiative as a constitutional declaration and a step toward a popular vote, critics view it as a unilateral action by a power-sharing entity against the very structure it participates in. This raises significant legal and political questions regarding its legitimacy and practical feasibility.
Key Elements of the Declaration
The proposed “constitutional declaration” outlines a two-year transitional period, potentially extendable, during which an independent state would be established within the borders of the former People’s Democratic Republic of Yemen, with Aden as its capital. The system of governance would be, according to the declaration, a civil democracy based on the separation of powers, popular sovereignty, and good governance. The precise form of the political system would be determined by a public referendum following the transitional phase.
The declaration grants the “Head of State” extensive powers as the authorized president for “restoring the state,” the head of the transitional government, and the supreme commander of the armed forces. A transitional government and a bicameral legislative body (a transitional legislative council and a senate) would be formed to enact laws, approve the budget, and legislate for the transitional period.
Furthermore, a roadmap is envisioned for drafting a permanent constitution through a national committee, followed by a public referendum, the enactment of an election law, and the organization of parliamentary and presidential elections. The transitional phase would conclude with the elected president assuming office under the new constitution.
Constitutional Hurdles
The current Yemeni constitution explicitly prohibits any secessionist tendencies or fragmentation of the country. The STC itself was founded in 2017 on a separatist platform, leaving its constitutional legitimacy open to considerable debate.
Al-Zubaidi argues that his declaration is based on a popular mandate and national responsibility, citing previous declarations and…
