South Arabia

An Important Message from the Southern National Assembly to the World

[su_label type=”info”]SMA News – Adan – Exclusive [/su_label][su_spacer size=”10″] During its first meeting, the Southern National Assembly sent an important message to UN secretary general, secretary general and members of the Arab League, secretary general and members of Gulf Cooperation Council and leaders of the Arab Ally States. The message came at the end of the first meeting of the southern national assembly held in Adan last Saturday, attended by president of the southern transitional council, Aidarous Al-Zubaidy, Sheikh Hany Ben Brik, vice president of the council and members of the council’s presidency in addition to local leaders of the governorates and military and security commanders. SAMA news Publishes the message text:
A message from the Southern National Assembly of the Southern Transitional Council, during its first meeting held on Saturday December 23rd, 2017, to:
• His excellency: UN Secretary General
• Representatives of Permanent Members of UN Security Council
• His excellency: Secretary General of the Arab League and its members
• His Excellency: Secretary General of the Gulf Cooperation Council and its members
• Their majesties, excellencies and highnesses, Leaders of the Arab Ally States
Peace be upon you
The past years proved that complex situations in Yemen were because of the consequences of a political error represented in the so-called “Yemeni Union”. This union died in its cradle and turned into forceful union that established conflicts in Yemen. It effects are no longer limited to Yemen. Instead, it affected the whole region and threatened international peace and security, according to recent decisions of UN Security Council.
Logically speaking, the southern state (People’s Democratic Republic of Yemen) gained it full independence on November 30th, 1967, recognized internationally and became member of the UN and other regional and international organizations, till May 22nd 1990 when the union was declared between the Arab Republic of Yemen and the People’s Democratic Republic of Yemen. But this union didn’t exceed a slogan, a flag and an anthem. In May 21st, 1994, the Arab Republic of Yemen violated the agreement leading the southern party to withdraw from the treaty and this led to declaring the state of war by the Arab Republic of Yemen with the invasion of the south in April 27th, 1994 and then fully occupying southern territories in July 7th, 1994 until the south managed to liberate most of its occupied territories in 2015.
The southern people suffered a lot from the consequences of 1994 war, rejected by UN Security Council under two decisions the first of them was decision no. 924, issued in session number 3394 on June 1st, 1994 and the second was decision no. 931, issued in session number 3394 on June 29th, 1994, in addition to the recommendations of the 51st round of ministers of foreign affairs of the Gulf Cooperation Council 25-26 Zu Al-Hejja 1414 H., June 5th, 1994 in Abha – Saudi Arabia. All these decisions rejected union by force, but the northern party didn’t recognize these decisions and insisted on occupying the south through vicious acts and practices that violated all international laws and human rights including assassination, imprisonment, dismissal of work, forced retirement and destroying the southern identity, state, culture and human sole.
Dear brothers:
This message carries reasons and facts according to authoritative rules of the international law. Therefore, we request that you seriously consider its content to protect these laws and to enforce international justice represented in the right of nations to gain freedom and independence.
The national assembly of the southern transitional council reminds you with the historic declaration of Adan on May 4th, 2017, that confirmed the southern right to declare the federal state of the south. We also remind you with the heroic deeds of the southern resistance in expulsion of Al-Houthi and Saleh militias out of the south and defeating Al-Qaeda, ISIS and all forms of terrorist groups, as a clear evidence in supporting the regional and international anti-terrorism and anti-extremism ally and full cooperation with the states of the Gulf Cooperation Council to achieve stability and security.
We refer to the UN Security Council Decision no. 2342 issued on February 28th, 2017, stating that the council supports the work of UN Secretary General’s special delegate to Yemen in supporting the transition process. It also confirmed, among other issues, that the conditions in Yemen still represent serious threats to international peace and security. The decision also expressed major concerns about the existence of Al-Qaeda, ISIS and extreme ideology in Yemen. In addition, the decision expressed the need for taking more measures that guarantee stability in Yemen and the whole region, asserting that the conditions in Yemen are treated under Chapter VII of UN Charter. Today, the national assembly of the southern transitional council calls for all states of the Arab Ally, and above all, Kingdom of Saudi Arabia, United Arab Emirates and Arab Republic of Egypt to support the declaration of the southern state. We also call for the UN Secretary General’s special delegate to Yemen to deal with the roots of the southern cause, to separate it from the conflicts among northern parties over power and to make it a top priority as a key to solution and a start to achieve peace, security and stability in this region and the whole world due to the geostrategic position of the south.
We also call for decision from the UN Security Council states with permanent membership that allows us to receive the seat of the People’s Democratic Republic of Yemen in the UN and all other regional and international organizations. It is a pleasure to provide UN Security Council states with permanent membership with all reasons and facts based on authoritative rules of the international law that we depend on to claim our right to declare our state and to reclaim its seat in the UN in addition to claiming the right of recognition from members of the UN.
First: reasons and facts based on authoritative rules of the international law
1. Authoritative rules of the international law are inclusive principles without exceptions. It can only be changed by approving new rules of the international law. It is intuitively approved that any agreement between two state who are UN members can be terminated when one party decides to withdraw because the other party violated an article of the agreement. This is the case of the People’s Democratic Republic of Yemen and the Arab Republic of Yemen who are both recognized internationally, and both recognize each other. Both states agreed on a political partnership that ended because the terms agreed upon were not enacted during the transitional stage.
2. The southern transitional council denies the legitimacy of the union and asserts the right of the southern people in claiming his sovereign state on all his national soli based on principles of the international law including Vienna Convention of 1969, concerning treaties and all related UN Security Council and General Assembly. According to Vienna convention of 1969, a treaty between two states can be void according to the related articles of Vienna Convention of treaties 1969 approved by UN general assembly and by which the general assembly issued it decisions no. 2166 on December 5th, 1966, and no. 2287 on December 6th, 1967, in addition to the first article of the two international covenants as authoritative rules of the international law that can not be violated as mandatory rules with particular relation to the case of the south.
3. It is well-known that, according to the international law, any agreement between two states is less than a treaty. The agreement is a document that establishes political, military, economic, financial, cultural or rights commitments agreed upon by the two states after negotiations. According to Vienna Convention of 1969, the agreement or treaty becomes void if one party violates its terms and it is the right to the other party to withdraw. This is applicable to the case of union agreement declared on May 22nd, 1990.
4. On the contrary to international standards of treaties, the union agreement signed by the secretary general of the socialist party, under his party position alone, was not a full treaty as its terms are far below treaties signed between tow states members of UN. “The agreement of Declaration of the Republic of Yemen and organizing the transitional period” was only one page that included ten procedural terms that lack legal nature. This page is a violation of the authoritative rules of the international law.
5. On the contrary to article (7) of Vienna Convention of 1969, stating that only presidents of states, prime ministers and ministers of foreign affairs can handle works concerning treaties, “The agreement of Declaration of the Republic of Yemen and organizing the transitional period” was signed in Sanaa on April 22nd, 1990, by Ali Salem Al-Beed, the secretary general of central committee of the Yemeni socialist party, and Ali Abdullah Saleh, former president and secretary general of the General Public Conference Party.
6. The agreement was never enacted because of violations of its terms during the transitional period. Practically, the state remained divided with two executive authorities, two separate governments, two armies, two security systems, two legislative systems, two currencies, two educational systems and two economic systems. This is a clear violation to Vienna Convention of 1969 that oblige the state to enact the signed national agreements.
7. Article (53) of Vienna Convention 1969 states that any agreement is void if it is signed in a time contradicted to authoritative rules of the international law. This is confirmed with the fact that no referendum was initiated before signing the agreement of full union for the two peoples. Article (7-C) of “The agreement of Declaration of the Republic of Yemen and organizing the transitional period” obliged the presidency council to make a referendum on the constitution 6 months after the union based on the principle of equal citizenship. This is a clear violation of the first article of the two international covenants stating that “all peoples have the right of self-determination and by that right they can decide their political position and securing their economic, social and cultural development”.
8. The union agreement was actually void on May 21st, 1994, according to article (60) of Vienna convention 1969 stating that “A treaty is void due to critical violation of its terms from one of its parties and this provides the other party with a reason for stopping it permanently”. In addition, it states that “the affected party have the right to use this violation as a reason to partially or completely stop the agreement in all relation with the violating state”. Accordingly, president Ali Salem Al-Beed declared disengagement of the southern state from the Arab Republic of Yemen, as the person who signed the agreement with former president Ali Abdullah Saleh.
9. On the contrary to article (52) of Vienna convention stating that the treaty becomes void in case one party uses or threatens to use force against the other party. Not initiating the referendum before signing the agreement is a form of using force by the ruling party in the south. In addition, declaring war in April 1994 and invading the south with support of Al-Qaeda terrorists returning from Afghanistan is a clear violation of Vienna convention and makes the agreement void.
Second: reasons and facts based on the southern public will and reality on the ground
1. The last war in Yemen created a new reality on the ground as the south is free for the first time since 1994 occupation. The southern resistance controlled the territories and the southern transitional council was formed with unprecedent public delegation and support. The council started to work on reconstructing the state organizations and completing southern associations, organizations and departments, including the army and security forces using Elite Hadhramy and Shabwany forces and security belt forces in Adan and other governorates.
2. Outcomes of military actions in the south proved that the main motive of fighting Al-Houthi and Saleh militias was to achieve liberation and independence and to restore the sovereign state of the south. Actual events during and before the storm of determination proved that those who defend Adan against Al-Houthi and Saleh militia invasion were all southern citizens and those who were involved in Adan invasion were northern militias and troops. This clearly indicates that this was a north/south war.
3. Facts clearly proved that all powerful parties and princes of war in the north, regardless their political, religious, military or tribal conflicts and contradictions, are determined to fight a fierce war to dominate the south under the notion of preserving the union. This was clear in 1994 war when these powers allied with Al-Qaeda terrorists returning from Afghanistan and use them to invade and occupy Adan and the whole south. Since then, terrorism is used as a weapon to manipulate stability and security of the south and to blackmail the gulf state through threatening the world’s interests. These acts aimed to drive international observers towards the feeling that if the southern people goes towards declaring the state, only chaos will be the alternative to union. This ally is still present today through the ally of Yemeni Reformist Party (the political arm of Muslim Brotherhood in Yemen) and Al-Qaeda and ISIS terrorists with full support and finance from Qatar and its allies, just to dominate the south under the so-called federal state. But the southern people proved their actual partnership with the international society in its war against terrorism.
4. The southern transitional council is determined to construct the organizations of the southern federal state according to the will, sacrifices and unified position of the southern people and their demographic, wealth and military capabilities in addition to their strategic-economic position that enables them to deal with the region and the whole world. Furthermore, the south has its economic, social, cultural and historic capabilities and accumulated experiences that include civil society organizations and well-qualified experts in all fields who can run the state effectively. Therefore, the southern transitional council formed the national assembly to decide upon the form of the upcoming southern federal state.
According to these facts and reasons, the union with the north was born dead and permanently buried during 1994 war when Sanaa troops invaded and occupied the south. Therefore, negotiations we seek are for rearranging the relations between the north and south and disengaging any overlaps that occurred during the past two decades.
The national assembly of the southern transitional council is open to all efforts and initiatives concerning the Yemeni crisis with special consideration to the southern cause and the facts of reality on the ground. This cause should be separated from the conflicts among powerful parities who are fighting for power in the north. We call for UN Secretary General’s special delegate to Yemen and UN Security Council states with permanent membership to take the following measures:
1. Arranging withdrawal of the remaining northern troops from the south, arranging the declaration of the southern state, recognizing the southern state, claiming its seat in the UN and looking for using its properties abroad including embassies and consulates.
2. UN Security Council can embrace a decision for providing international protection to the southern people and deploying UN troops in the border zone between the two states, according to 1990 borders, if peaceful efforts fail, especially as Yemen is treated under chapter VII of UN Charter and this enables UN to deploy security forces to deter the aggressor and protect civilians in case of threatening international peace and security without approval of the conflicting parties, as is the case in the south.
3. Negotiating the possibility of UN Security council decision to for an international operation for peace keeping under article (39) of Chapter VII that delegates the security council with keeping international peace and security and provides the council with power necessary for assuming this responsibility in cases of threats for international peace and security. This can be assumed through deploying peace keeping forces that coordinates disengagement between north and south along 1990 borderline. These forces may normalize the situation between Yemen and the south in addition to observing cease fire and enforce peace keeping and law enforcement tasks. Peace keeping forces mat deliver human aids, supervise elections, initiate training in all fields and help the south to claim its UN seat just like previous decisions including decision no. 1244/1999 for Kosovo, decision no. 1272/1999 for Eastern Timor and decision no. 1320/2000 for Eretria and Ethiopia.
4. Discussing cooperation in preparing an inclusive and clear plan that relates objectives to enforcement mechanisms in addition to clarifying strategies and direct plans for the transitional period till the declaration of the southern state, reconstructing it and reviving its national economy through supporting security and stability and fostering regional and international cooperation.
The national assembly of the southern transitional council asserts the importance of establishing a new geopolitical reality based on international and regional partnerships that help promoting political relations between the two states of the north and south after the transitional stage for both states and according to good neighborhood, integration and joint cooperation in eliminating terrorism and extremism in addition to establishing stability and security of the region for sustainable development. It is also based on deep relations with the states of the Gulf Cooperation Council as the south is the strategic depth of these states and an integral part of Arabia with its organic links to its geographic zone in addition to demographic relations, culture, religion, language, traditions and joint concerns and expectations.
We would like to notify you that the national assembly of the southern transitional council have already decided on the form and content of the upcoming southern state to assert the ability of the southern people to run his state and his determination to eliminate all forms of terrorism.
We assert that the southern state can restore its position as a sovereign state and to support its membership in the UN. This state is qualified to function according to UN convention, rules of the international law and all international treaties signed during the past period since November 30th, 1967, in addition to the Arab League convention.

Peace Be Upon You
The National Assembly of the Southern Transitional Council
December 23rd, 2017.

Related Articles

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button