Sunday, August 2, 2020

Yemen's Multilayered Civil War: A Brief History

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Anant Jani

Article Title

Yemen's Multilayered Civil War: A Brief History

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Global Views 360

Publication Date

August 2, 2020

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Children in Yemen

Children in Yemen | Source: Rod Waddington via Flickr

This is the 1st part of a short explainer article series on the current crisis in Yemen.

Since 2015, Yemen has been at war on two different fronts, 1) The Civil War between the Iran-backed Houthi rebels and the UAE-Saudi Arabia backed government headed by Abdrabbuh Mansur Hadi, and 2) the war against the local terrorist outfits of Al-Qaeda and ISIS.

However, last year one more complexity was added to the conflict when UAE withdrew from the coalition backing Hadi government and later threw its support behind another secessionist force in southern Yemen, which seeks to re-create the State of South Yemen, as it was before the unification of Yemen in 1990.

As of early this year, it has added another layer to the war: the failing healthcare infrastructure and the rise of COVID-19.

The staggering cost of this war in the past five years has prompted the UN to name it the worst man-made humanitarian crisis in history, with Some 24 million Yemeni people - 80 percent of the country's population - requiring assistance or protection.

This series of articles seeks to build historical context to follow the current events in Yemen, believing much of the recent media coverage to have been ignored, or otherwise made wholly uncontextualized in the process of following the crisis for over a decade.

Yemen and the greater neighbourhood | Source: Google Map

The History

Much of the current conflict can only be understood as a result of the events of the latter half of the 20th century. Here is a brief look at the history that has shaped today’s wars in Yemen.

At the heart of several issues in the conflict is the fact that modern day Yemen was initially divided into North Yemen and South Yemen until 1990, when it was unified.

Yemen and the greater neighbourhood | Source: Wikimedia

North Yemen:

The Yemen Arab Republic (YAR), a coalition in North Yemen, overthrew the Mutawakilite Kingdom in 1970, which had been ruling since Yemen’s decolonization, in 1918. The YAR established their capital at Sana’a, a site which will often be the site of conflict in the following years.
This part of Yemen, during the cold war  was backed the countries aligned with the anti-communist block like Saudi Arabia, Jordan, the US, the UK and West Germany. The influence of Saudi Arabia and their relations with the US will come to play a greater role in the following decades.

South Yemen:

This referred to the region that was under the British Raj as the Aden Protectorate, since 1874. It consisted of two-thirds of present-day Yemen. In 1937 it became a Province of the British Raj, and in 1963, it collapsed and an emergency declared. The collapse was the joint effort of the National Liberation Front (NLF) and the Front for the Liberation of Occupied South Yemen (FLOSY).

Aden was used by the East India Company as a coal depot, and to stop Arab pirates from harassing British-India trade. Until 1937, Aden was part of British India, officially titled the Aden Protectorate.

Aden, like Sana’a will come to be the capital of southern Yemen, and the site of many conflicts.

This part of Yemen, during the cold war was backed by the Cummunist bloc countries like USSR, Cuba, and East Germany.

The Unification:

North and South Yemen united in 1990, after several years of conflict with one another. The leader of North Yemen, Ali Abdullah Saleh, was named President of unified Yemen in 1990. He was to continue ruling over Yemen for over three decades.

The unification of Yemen finally fulfilled almost a century of struggle that started during the British occupation and continued at different paces throughout the monarchy and cold war period. This unification also took away the privileges and power vested with many important tribes and people. Unlike the political forces, the armed forces of North and South Yemen were not unified at the time of political unification of the country.

The disgruntled former elites and the partisan army provided the fertile ground for the first civil war of Yemen which followed shortly after the unification.

Link to the second part.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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