35 - August 28th thru September 3rd
2000, Vol X

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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