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Focus (Opinion) Of the Week
35 - August 28th thru September 3rd 2000, Vol X

Previous Page (Law & Diplomacy)Next Page (Business & Economy)

To Amend or Not to Amend?

COMMON SENSE
By: Hassan Al-Haifi

“What is the matter with Abdullah, now?” asked Fatima.
Her mother Samira answered: “Fatima, your brother is going to have one of his legal fits again. Just when he thought he had memorized the Constitution of the Republic of Yemen, the Government announced that new amendments are on the way. Poor Abdullah, it seems he had greater trouble memorizing the Constitution than memorizing the poems of Al-Mutanabbi*.”
Abdullah stopped slapping his face and some of the bewilderment was removed from his face - not all just some, as he said: “I would have had better luck majoring in nuclear physics than going into law. At least, I could have landed a job on the Barents Sea and the Kurs submarine would not have sunk. However, here, I am sinking deeper than the depth of the Arctic Sea. You can study the Constitution of Yemen all your life, but you will never get a grasp of it, because every few years, they will have it amended again.
Fatima wanted to raise her brother’s spirits: “Look, Abdullah, a great nation is measured by the adaptability of its Constitution to the times”.
Abdullah quickly picked up the tune: “Fatima, you are mistaken there, it is really the other way around; we adapt the times to our Constitution”.
Nasr, Abdullah’s father walked in from work and joined the conversation: “What is all this legal jargon being thrown around here, kids?”
Samira, happy to see her husband early for lunch so she can go out with her friends to a ladys’ gathering, said: “Well, good to see you home early today, Nasr, I was going to call you to eat out today or bring your own lunch from outside. Fatima here is busy trying to keep her brother from having a nervous breakdown. Just as he managed to have memorized the last revised Constitution of the country, the Government announced that twenty or so amendments are going to be put in.”
The father was not surprised by the news: “Son, we have a lot of legal geniuses in the country who have to show their acumen by insisting that what they did before they can do better now! You see our legal experience is proceeding so rapidly that our legal geniuses insist that their old work is not compatible with the times and circumstances.”
“Dad, this is what is worrying me, that it is the same legal geniuses, who are carrying on with our laws like they were a game of scrabble, ‘Pt this amendment here, take that article out, add this article in’ … It is no wonder that our Parliamentarians have given up doing anything with legal connotations, because they would not know where to start!” Abdullah explained to his father the predicament he saw in all the amendment work being carried out.
“Son, there is nothing wrong with amending the Constitution, even the United States amends its Constitution from time to time” said Nasr.
“I have to hand it to our legal geniuses up there, they have already exceeded the number of amendments to the Constitution of the United States, which were entered over 220 years in just the space of ten years. We truly have the makings of a great power,” said Fatima.
But Fatima, the amendments to the American Constitution were normally additions, and seldom touched on the major essence of the text of the Constitution. After the proposed amendments to our Constitution are put in, we will never be able to tell what the amendment document looked like!” said Abdullah.
“Why should that worry you?” Samira said.
Mom, I am a law student, and the only reason I have not finished getting my law degree is because I am having trouble memorizing the Constitution” complained Abdullah to his understanding mother.
How do the other students manage to get over this problem?” asked Fatima, somewhat confused by her son’s predicament.
“They simply major in Sharia’a Law, where all they have to memorize is the Koran and the traditions of the Prophet Mohammed (Peace and blessings of Allah be upon him), which have remained intact for hundreds of years. But your idiot son decided to go into Constitutional Law, and more specifically the Constitutional Law of Yemen, where I hoped to get a Doctoral degree, since nobody ever touched upon the subject in any university in the world. I only found out later that in most universities of the world the Constitutional Law of Yemen has been put on the blacklist of majors of study to take, because for all intents and purposes there is no permanent Constitution of the Republic of Yemen!” explained Abdullah.
Fatima asked: “Did they explain why they were amending the Constitution so drastically? Has there been popular calls for the amendment of the Constitution to improve the human rights situation in the country, as in the case of other democracies?”
Nasr helped his wife: “Son, your mother was asking, did our Constitution need amendment?
Abdullah answered both of them: “Do they ever explain why they ever do anything? No, the call for amendments came from the top, and not from the bottom, as is the case in democratic societies, to which we have yet to be accepted as being among the democracies of the world. As for the need of the Constitution to be amended, there is no record of any test cases or issues that have risen to the surface which make the present Constitution unsuitable for handling. One Professor in our rapidly sinking University noted: ‘whenever there is an infraction of the law, or one is anticipated, we mete out our punishment to the law rather than the offender, thus laws are meant to satisfy the wishes of those who find it so easy to obtain legitimacy for all their wrongdoing!’ I tend to agree with him, only adding that, for all intents and purposes laws are meant to assure that those who thrive on mischief in our country, have all the legal support they need to uphold their evil deeds.
“Abdullah, but now we have a Parliament that is going to raise a lot of questions. After all, what did we elect them for?” said Samira.
“Mom,” said Fatima, “you do not expect those illiterates to really understand what their real job is do you? They do not care how many times the Constitution is amended, nor do they care about what they are really suppose to do, in terms of insuring that the rights and interests of the citizens are upheld. All they care about is making sure that their remuneration places them among the elite, and that their health insurance is provided for”.
“You are all making it difficult for poor Nasr here to determine what he should do with himself, now that he is in his final year in Law School’ said Fatima, feeling sorry now for her son’s predicament.
“Poor Abdullah, even if he goes to another country to work, they will not accept him because they are afraid that his major in the Constitutional Law of Yemen will lead him to threaten their Constitutional stability by continuously recommending that the Constitution of the country he goes to be amended every three months to go along with the changing seasons”, said the father, signaling to his wife to bring in the lunch.
But, father the amendments that are undertaken here are not for the sake of meeting the aspirations of a people who have lost all sense of optimism to even have any aspirations anymore, nor are they to coincide with any natural developments that confront the country, nor are they in keeping with the international and regional scene. Our constitutional amendments are merely to adapt to the interests of those who insist that all you people have is what we give you, whether you like or not!”

* Probably the greatest Arab poet, who has ever lived (915 – 965 AD)

“A country’s heritage should be the tradition people kept in their lives and in their hearts”

Mr. On. Vittorio Sgarbi to Yemen Times:
“A country’s heritage should be the tradition people kept in their lives and in their hearts”
Italy and Yemen have always enjoyed a distinguished relationship. Having so many issues in common, such as cultural richness, and architectural beauty that have even made it easier for each other to have yet a stronger relationship.
Italy ranks the first in the world in terms of number of tourists to Yemen. Why do Italians love coming to Yemen? What makes Italians admire the Yemeni culture and heritage more than any other Arab country? To answer these questions, YT interviewed Mr. On Vittorio Sgarbi, a prominent politician in Italy, and among the favorites to winning the portfolio of Minister of Culture in the coming elections in Italy.

Excerpts:

Q: First of all, we would like to know the reason of visiting Yemen, and whether it is your first visit.
A: I always thought of coming to Yemen, and today, I am happy to have succeeded in paying my first ever visit to Yemen, a country which I feel we in Italy have many common aspects with. I felt that I had to arrange for a visit to Yemen because of its natural beauty and archeological sites that I hope I will be able to convince authorities to preserve. Italy has gone through similar circumstances and have conditions similar to Yemen. An example of that is the distinction in a way or another among the different traditions, populations between the southern and northern sectors of the country. For example, we in Italy suffer from a gap between southern and northern provinces, a thing that we cannot ignore and is similar to Yemen, not politically, but rather traditionally. It even seems somewhat like Sicily in geographic sense.
One of the common aspects between the two countries is the richness in tourist attractions in both countries. I do believe that we have a lot in common, and should work together on maintaining our excellent relationship.

Q: You mentioned the preservation of natural and archeological sites in Yemen. Could you explain that further?
A: Throughout history, Yemen was known for its beautiful natural charm and noninterference of modernization and industrialization in it. Pasolini, a famous Italian personality visited Yemen 30 years ago and got the best impressions of Yemen, a country where life is so simple and people are so kind. He realized that he found in Yemen what he lost in the west and in his country, Italy. Your country for him was heaven on earth, a place where one can easily adapt himself to, and live peacefully and happily without any stress at all.
However, frankly speaking, if Pasolini comes to Yemen today, he would definitely feel sorry for what happened to the country’s heritage. He would feel dismayed because of the unorganized constructions of buildings, which do not have any personality or character. I would like to say that these buildings reflect a very bad copy of the beautiful Yemen architecture. The destruction of natural beauty - especially beautiful valleys and spectacular coastal lines would also cause Pasolini to be sad. It is the sluggishness of the government in preserving the extremely old archaeological sites that has always been a reason behind this. The Ramlat Al-Sabatain desert and the Jouf area for example with more than 100 archaelogicial sites, including Baraqhish, Maeen, Al-Mydah, Al-Soudah, Mareb, Shabwah, and many others -could be one of the seven wonders of the world in direct competition with the temples valley in Egypt, which is now one of the best tourist attractions in the world. This area (Ramlat Al-Sabatain desert and Jouf) alone could easily attract thousands of tourists and even millions and generate more income than oil if taken good care of. But unfortunately, everyday, an average of 10 sq. meters of these archaelogicial sites are disappearing every year.
Yemen, unfortunately repeated the mistake of Italy, when it started ignoring its cultural and archeological values and pushed for modernization. In the last 50 years, Italy continued to lose much of its ancient sites and beauty. On the other hand, we can realize that in the last 20 or 30 years, Yemen lost much of its glory and beauty. It has bluntly started a modernization program that destroyed many beautiful sites, and neglected many ancient cultural values.
Today, it is impossible for Yemen to revert to where it used to be. It is impossible for it to prevent the mistakes Italy committed, especially that Yemen's situation is even more fragile than Italy's. I do feel sorry for Italy and for the great loss of its heritage and natural beauty. But for Yemen, I feel even more sorry, and worried about the future of its glorious heritage and tourist attractions, which are still neglected today.

Q: But economic development and modernization is more important than looking after old buildings and natural sites? Shouldn't Yemen sacrifice in some way to develop?
A: I completely disagree with you. I know that Yemen needs to develop, and should do its best to enhance its economy and raise the income of its people. However, this should never be a reason for destroying national ancient sites and natural beauties. Look at Sanaa, it is a massive city without any sense of organizational housing constructions. Everyone is building everywhere. Is this modernization? Is this going to develop Yemen's economy? This is only a destruction of Sanaa's beauty and natural sites, and on the other hand it serves no modernization purpose.
We should realize that for more progress and for building a prosperous future for Yemen, Yemenis should learn from the past and realize how history could help provide solutions for the future so that the nation could adequately improve. Yemen is a country known for its wisdom and fine architectural styles. They used to implement very wise methodologies in rain harnessing for providing sufficient water, for agriculture, and in many different traditional values. Hence, they always lived in peace and harmony. Today, you can see that wells are dug everywhere, there is virtually no rain harnessing, and no wise consumption of water and no wise use of agricultural land.
This gives the impression that nations sometimes should learn from the past, and see how their ancestors used to make good use of their lands and resources. This unfortunately is not what I see in the Yemen of today.
All I want to say is that modernization and preserving culture and heritage and natural beauty could always go hand in hand. It is stupid to say that one should alter the other. Look at the example of how Prince Charles of the UK worked intensively to preserve many English towns to have magical natural sites and at the same time equipped them with the most modern infrastructure one could think of. Look at how the natural beauty and the ancient heritage of the region called Chianti near Florence is maintained along with modern facilities wherever you go. The project of the Chianti region is the master piece in the modern world on how the entire region can be protected and maintained. The combination of landscape and cultural heritage under modern facilities live together in harmony. of course, this project was done in cooperation and help of Europeans in love with Italy and today, thanks to the multil-millionaire British, Scandinavians, Germans, the Chiantishire is a beautiful place to stay and visit, done by people who like to live surrounded by natural beauty. The masterpiece of the region called Castel Gridolfo of the size of Shibam in Hadramout, dating back to 8th century AD, entirely restored and upgraded by an Italian Stylist who made it as a perfect example of how an old site can be preserved, protected and used nowadays. Nowadays Chiantishire near Florence is one of the most visited regions in Italy by international tourists, while 20 years ago, it was out of the international tourist map, visited only by amateurs.
Unfortunately, some governments all over the world think that preserving culture and natural beauty is always an obstacle in front of development and progress, and that it costs a lot in financial terms to do so. This is absolutely wrong. Preserving natural sites has never been a source of worries to the government budget. You do not need to spend money on issuing rules that prohibit random construction of buildings. You only need a strong legal system and a strong will to do so. However, this is what we lack in both Yemen and Italy. The weakness of implementing rules in some areas always causes random construction, and hence the ruining of tourist destinations which otherwise if taken care of would be among the most profitable sites for the government. Think of the natural forests, mountains, valleys, and how they would attract tourism from inside and outside the country. Think of the archeological sites in Zabid, in Marib, in Hadramout, and in Sanaa. If they are preserved and dealt with appropriately, they would be among the most important sources of revenue for the state. It is a pity that governments do not take this into consideration.

Q: You have a good probability of becoming the next minister of culture and tourism in Italy. Once you are in that position, what are you going to do to resolve all the problems you mentioned?
A: First of all, I will concentrate on how to clean the environment form the industrial wastes used in the business community. Among these wastes are the plastic bags. I will be banning the use of plastic bags, which contribute to the destruction of the environment in my country. Then , I will be implementing measures of preserving what is left of our traditional and archeological sites. This should be done without ignoring science and technology of course. Even though we do have laws that prohibit random construction of building, sometimes these rules are broken because of corruption, etc. I will work intensively on having these laws enacted strictly. Apart form plastic bags, there are also hundreds of materials that harm the natural environment, and are sometimes considered poisonous. I will prohibit the use of these materials in populated areas and strict them in conditions that would secure the safety of people and environment.
Here I would also assert on the importance of furiously fighting to keep archeological historic sites without the disruption of the housing complex constructors. I remember an area in Hodeidah in Yemen, where there were only 3 buildings built with Turkish-Yemeni style left from the Ottoman era, which have a fabulous look of heritage and traditional value on them. The rest of the homes are no more than boxes of cement and new houses built in no cultural sense at all. They were only built to occupy villagers without any sense of art. I do not blame the people who built for them houses for their families. I only would blame local bodies in Hodeidah or its Governorate who should have given them reasonable amount of money to build in a less sensitive area, and hence preserve the ruins of the Ottomans.

Q: You mentioned that the government should pay compensations, etc. How can you imagine the government having enough funds, under the population explosion taking place in Yemen?
A: Indeed, the population problem is a major obstacle, not only for the environment, or for the modernization attempts of the government, but for even preserving the level of income of today. This is a tragic crisis that Yemen needs to address as quickly as possible. Unless something serious is done, Sanaa will probably one day turn to another Cairo. I feel that it is the sole responsibility of the government to have major awareness programs, develop the economy, and at the same time try to put into account how to invest in tourism to get more revenue from this valuable sector. However, it cannot get tourists if it cannot invest and put more funds into tourist projects, of which preserving archeological and natural site should be a priority. I do sometimes wonder why the government is concentrating on less significant issues rather than the main issues. It amazed me how the Chinese thought of building a bridge, which is more of a luxury in the current conditions instead of repair the devastated sewage system in very important neighborhoods in the capital, Sanaa.

Q: Don't you feel that the government is still doing its best -with the little resources it has- in preserving sites, such as Old Sanaa, by renewing the Bab Al-Yemen wall, and roads, etc.?
A: I hope that the Minister of Tourism understands this. First of all, a country’s heritage should be protected not only for the sake of tourism - let us forget about the tourists - while the country’s heritage should be protected because first of all, nobody can live without a root and a past and that a country without a root or a past is very close to madness. A man without a father and mother, without an origin, without a history, without a past is a lost man and maybe you cannot consider him as a human being any more. For a country also, the case is the same. A county without a history and without a past and especially, without heritage, may lose its role on earth and might end to be very weak and ready to be adopted by any other civilization. The Yemeni civilization is one of the strongest and oldest in the world. That is why Yemenis have to fight and do their best to preserve it in competition with other civilizations.
As for Old Sanaa, one could mistakenly mix up between building a wall, and renovating an ancient one. Even if the government is doing something in Sanaa, it totally ignores Zabid, where the traditional market which once was a focal and significant part of the town, is today totally empty. Tourists do not care of the new renovations etc, they care about the ancient places, where archeological sites are truly ancient, and were not subject to rebuilding or renovation anytime in the last hundred years. Tourists want to see what is truly old, not what is different or renovated. I hope that the Ministry of Tourism understands this.
On the other hand, we understand the economic difficulties Yemen goes through, and depends on its oil revenues as the main source of income. Once upon a time, Italians thought of oil as their cultural heritage. For Yemen, the issue may be similar. However, oil will not last forever. A country's heritage should be the tradition people kept in their lives and in their hearts, it's the unique nature of the country, and of course archeological wonders their ancestors left for them. These are what the country should take good care of, and should understand their value.
On this occasion, I would like to urge the government to take more measures to protect the real heritage of the country, in Zabid, and other ancient sites all over the country. Architects and scientists should always be granted permission to investigate the wonders of your country's heritage and study how they evolved.

Q: Any closing words you may have?
A: As a closing statement, I want to assure the Yemeni government that it is of great importance for Yemen's heritage to be preserved and taken good care of. It should realize the great importance of the heritage and work extensively on maintaining them so that they would last forever. It is a tough responsibility, and requires a lot of funding. This is why I propose that developed countries play a major role in funding projects of preserving and exploring ancient sites in Yemen. They should be generous in providing funds for keeping one of the old sites in the world.
I am glad that there are many Yemen businessmen who came from exile in an attempt to invest in their country. This is a good signal. However, while doing this, many things should be taken into account, especially preserving the country's natural and traditional beauty, which makes it unique in the world. I hope the day when Yemen's building turn into western style never come. But if it comes, I know that it will be the major loss of a wonderful country's great heritage. Yemen cannot go through the current economic conditions with maintaining and preserving their heritage unless they get all the help and guidance they can from developed countries, and I promise once I am in the position of Minister of Culture in Italy, I will do my best in this regard.
Finally, I would like to point out that the position of Yemen in the Middle East is nearly like the position of Italy in Europe. We in Italy are the cradle of the European civilization and Yemen is the cradle of the Arabian civilization.
This means that even other Arab countries should help Yemen protect and preserve its rich heritage, which eventually results in preserving the Arabian heritage as well.

Be Ready To Be Astound

Tihama Tractors & Engineering Co. Ltd. Computer & Peripherals Division in collaboration with its Principals Fujitsu Siemens concluded last week their Marketing Campaign that was launched on August 19. The Tihama company participated in the recent Computer & Telecommunication Exhibition as the first company to hold a FREE training course on Computer Science for more than 250 trainees who were carefully chosen from nearly 500 persons. It was the first initiative to hold a FREE training course on Computer Science by a leading company for more than 250 trainees.
On this occasion the Yemen Times met with Mr. Mohammed Amin Dirhem, General Manager of Tihama Group of Companies and Mr. Wadea A. Al-Medwahi, Marketing manager and filed the following:

Q: Mr. Dirhem, could you brief us on your company in general, and about your section at the IT exhibition concluded last week at the Shumaila Exhibition Center.
A: Tihama Tractors & Engineering Co. Ltd. was established in 1963 as a tractors company. Its founder, Mr, Amin Dirhem is one of the most outstanding businessmen in Yemen. Since 1963, it has witnessed rapid progress and development. Today it comprises many divisions for worldwide reputed trademarks and agencies. In addition, it is the sole agent for most of the German agencies in Yemen. For example, Lufthansa, Siemens, Deutze, etc. None can deny the role the Tihama company has played in building the infrastructure of Yemen since its commencement.
As far as the contribution of our division, Computer and Peripherals Department, is concerned, we displayed a variety of up-to-the-minute computers and related accessories.

Q: Your esteemed company is considered the first company to accomplish the first 7-day spectacular training course that hosted more than 250 trainees. How did the idea come about? What were the activities that were covered during the course ? How do you evaluate its success?
A: This idea stemmed from the need to create a qualified cadre and to familiarize people with new computer technologies. The idea was welcomed with great enthusiasm by the company board of directors as it aimed at developing the skills of our national cadre in the one of the most important sciences. It was also a good chance to introduce Fujitsu Siemens broad rang of products. So, we outlined a plan which was thoroughly studied before preparation for the exhibition.
Regarding the course activities, we tried our best to highlight contemporary major problems facing computer users and which can be classified in basic hardware and software maintenance. The course also included training on computer networks, Internet, Email and hardware.
As a matter of fact, all staff of the company contributed to the success of this event, specially our well-trained engineers who played the greatest role to make the course a success.

Q: How do you assess the future of the Internet in Yemen under the current expensive rates of the sole ISP, Y. net?
A: I think the explosive Internet growth creates unprecedented opportunities. You would be amazed, and even baffled when realizing how rapidly the Internet technology is growing. However, the modern applications and interactive services need more speed and bandwidth, which are two elements not available today. Smart users are turning to FSC for integrated Internet solutions spanning access, switching, Hi-Speed data transport and services. End to End solutions for new revenue streams. I believe we have a long way to go, but we will make it.

Q: Mr. Wadea, What is the impression students and observers had about the Seminar ?
A: At the end of the course participants expressed their thanks and gratitude for the company for the highly valued knowledge they received and the high technology they were acquainted with. We have received a lot of acknowledgments appreciating the course from different governmental and private companies who also congratulated us for the tremendous success of the event.

Q: Do you feel that this exhibition and course would expose quality of Fujitsu Siemens to the Yemeni Market?
A: Firstly I would like to draw your attention that Siemens Nixdorf computers was introduced in the Yemen market in 1995. Through the past five years The quality of Siemens Nixdorf computers has been unquestionable.
However in this marketing campaign we aimed at launching the new generation of Fujitsu Siemens computers comprising the Japanese and German technology and quality after the integration of Fujitsu and Siemens in October 1999.

Q: Now that you have succeeded in your campaign. What activities do you plan to have next ?
A: We have plans to release our society from the constraints of expensive computer prices through new sales strategies that will facilitate people’s access to computers.

Q: Any further comments?
A: I would like to stress that the course we have organized will not be the last one. It will rather be a beginning for a series of similar activities and initiatives.
I would like to thank those who directly or indirectly contributed to the success of the course, specially Sana’a International Exhibitions Center represented by Mr. Hussain Shumailah and the only sponsor of the course, the Yemen Times represented by Mr. Walid Al-Saqqaf, chief editor.

 


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