The Yemeni-Saudi border between the Taif Agreement and the Memorandum of Understanding.. Saeed Abdul Masih Shehata

publisher: يمنات

Publishing date: 2013-04-06

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The border issue between Yemen and Saudi Arabia emerged when Imam Yahya Hamid al-Din of Yemen attempted to seize the Emirate of Asir, considering it historically affiliated with the Sulaimani succession, which was historically linked to the rule of Sanaa. This happened at a time when there was an agreement between the Emir of Asir, Imam Hassan bin Ali Al-Idrisi, and the Saudi King to place the Emirate under Saudi protection in 1926, known as the Mecca Agreement. However, Prince King Faisal bin Abdulaziz opposed this, leading to war between the two sides. The Saudis emerged victorious, reclaiming Najran and the heights of Asir and penetrating Yemeni territories.

Negotiations between the two sides resulted in the signing of the Taif Agreement in 1924, outlining the borders between the two countries in twenty-three articles. The fourth article specified the boundaries from the midpoint to the Red Sea and the borders between Yama bin Zaid and Ayli to Yama, with everything left of this line belonging to Saudi Arabia and everything to its right belonging to Yemen. The second article acknowledged the mutual and clear recognition of independence for both parties, relinquishing any claims to modifying these borders.

Recent Developments in the Border Issue:

Phase One: After achieving Yemeni unity and the Yemeni leadership’s sympathy with Saddam Hussein during the Gulf War, the possibility of oil discovery in the disputed areas intensified the border issue. Talks began in September 1992 between a bilateral committee of experts after bilateral consultations in Geneva in July 1992. Seven meetings were held alternately between Riyadh and Sanaa. However, a meeting of the expert committee scheduled for April 1994 in Riyadh was postponed due to the Yemeni civil war.

It is worth noting that the border conflict revolves around different interpretations of the binding nature of the Taif Treaty of 1934. During the seven rounds of expert committee meetings, the Yemeni vision proposed a complete re-demarcation of the borders. Negotiations were expected to be lengthy, requiring an agreement to guarantee the rights of both countries in the disputed border region.

The Saudi vision included two aspects. First, the binding nature of the Taif Treaty, especially in the section specifying commitments, and working to renew the markers placed on this line that had faded over time. Second, examining signs or demarcating the remaining border markers from Jabal Athor to the intersection of the Yemeni-Omani-Saudi borders, in addition to determining maritime boundaries.

Phase Two: This stage involved each side accusing the other of border violations, crossing agreed-upon borders in the Taif Agreement, and conducting negotiations to reach a settlement. Planned talks between the two sides were postponed due to border incidents, prompting Arab mediation. Syrian President Hafez al-Assad sent his deputy, Abdel-Halim Khaddam, and Foreign Minister Farouk al-Sharaa to hold talks with officials in Saudi Arabia and Yemen, leading to discussions with both Saudi and Yemeni sides. President Assad also contacted King Fahd and President Ali Abdullah Saleh.

On the other hand, President Mubarak met the Yemeni president at Cairo Airport and held discussions with King Fahd and the Syrian president. These communications, facilitated by Syria and Egypt, led to a joint Saudi-Yemeni statement. The statement emphasized the agreement to return to previous conditions, refrain from resorting to the use of force, and expressed the intention to resume bilateral talks to resolve pending border issues. Both nations were determined to create a conducive atmosphere for the success of bilateral negotiations and restore their relations to normalcy with a spirit of understanding, brotherhood, good neighborliness, ensuring regional security and stability through bilateral negotiations.

A Yemeni delegation led by Sheikh Abdullah bin Hussein al-Ahmar, the Speaker of the Parliament, along with Abdulkader Bajammal, Deputy Prime Minister and Minister of Planning, and Abdo Ali Abdul Rahman, Deputy Foreign Minister, traveled to Saudi Arabia for talks with the Saudi side.

The Saudi delegation, headed by Prince Saud al-Faisal, the Foreign Minister, included Abdulaziz al-Khwaiter, the Minister of Knowledge, and Ali bin Muslim, an advisor in the Royal Court. Sheikh al-Ahmar confirmed Saudi support and the removal of tension, noting the absence of military build-up on both sides of the border after forces were withdrawn before the recent border incident. Several meetings were held between the two delegations, exchanging working papers.

A Yemeni source explained that there were many points of convergence in the papers, and both sides expressed their determination to continue the dialogue to reach a joint working paper. In this context, it is noteworthy to mention statements from officials in both countries. Yemeni President Ali Abdullah Saleh stated that Yemen was not ready to engage in war with its Arab brothers, expressing a commitment to dialogue to resolve any political or border issue.

He emphasized that Yemen’s efforts reflected good intentions and a sincere desire to solve the border issue through dialogue and fraternal understanding, ensuring the legitimate rights of both parties, and turning borders into bridges for communication and love between the two fraternal nations.

In response, King Fahd affirmed his country’s commitment to peace with Yemen in its border dispute. Prince Saud al-Faisal, the Foreign Minister, stated that King Fahd chose a policy of restraint and prudence despite border violations since December 1994. Saudi Arabia desired de-escalation with Yemen, but it wouldn’t accept the Yemeni attempt to impose the current situation. Saudi Arabia intended to avoid an escalation of the situation, emphasizing the importance of respecting agreements and commitments.

The Syrian mediation led to the formation of a legal committee from both sides to discuss two procedural issues: the ongoing dispute over the formulation of border demarcation, not covered by the 1934 Treaty of Taif, and the delineation of the land border between Saudi Arabia and the former South Yemen. Additionally, the demarcation of the remaining border line starting from the region of “Ras Al-Ma’uj” on the Red Sea to the valley of “Jizan,” including the “Jabal Al-Thawr.” As part of these negotiations, the political level of the talks was elevated with the participation of Mr. Ibrahim Al-Anqari, the special adviser to King Fahd, replacing Mr. Ali bin Muslim. Mr. Isma’il Al-Wazir, the legal adviser to the Yemeni president, replaced Mr. Abdo Ali Abdul Rahman, the Deputy Foreign Minister.

The two sides reached an agreement to overcome all procedural issues by forming four joint committees that were preliminarily negotiated, including:

  1. A military committee tasked with monitoring the situation on the borders between the two countries, preventing any military activity that may threaten stability in border areas, and halting smuggling operations.
  2. A border committee that spawns subcommittees dealing with issues related to defining and demarcating the borders and placing markers.
  3. A ministerial-level committee tasked with normalizing relations between the two countries and overseeing the work of the three committees.
  4. A higher committee, the mission of which has not been defined yet according to the memorandum of understanding.
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