The Legal Organization of the Autonomy System in Hadhramaut
Most philosophers of international law view regional autonomy as "an appropriate settlement for organizing the state, based on the will of the people—even if they do not express a desire for secession or are unable to form an independent state." Through this definition, we can identify the prevailing direction currently seen in Hadhramaut.
The system of autonomy represents one of the fundamental pillars in building a modern state, as it reflects the level of democratic progress and awareness a society has achieved. This system also embodies the philosophy of power distribution and broadening the base of public participation in decision-making processes that affect citizens’ daily lives.
A constitutional state contributes to achieving political and social stability by providing a clear legal framework that governs relationships between individuals and institutions. Without such a framework, the result is authoritarian or police states, where no constraints limit the authority's power, and measures taken against individuals are often driven by whims or unchecked desires. In such regimes, those in power often view themselves as being above the law.
In modern centuries, nationalist and liberal movements have helped reinforce the concept of autonomy. With the collapse of major empires, oppressed minorities and peoples began to demand the right to manage their own affairs, which led to the emergence of autonomous governance systems within federal states—or, in some cases, to full independence of certain regions.
Legal and international frameworks have played a significant role in establishing autonomy. For example, the United Nations recognized the principle of "peoples’ right to self-determination," which became a basis for claiming autonomy or independence. Federal and decentralized systems evolved, with central governments delegating wide-ranging powers to regions or provinces to preserve political cohesion.
Autonomy is often considered a legitimate and internationally acceptable middle-ground solution to internal conflicts, especially when backed by strong and peaceful popular demands aiming for broader local participation. This is particularly true when exceptional circumstances of annexation and forced inclusion have occurred during chaotic phases of state dominance—such as what Hadhramaut experienced with its systematic political marginalization following its annexation.
According to international charters—specifically the United Nations Charter and the 1966 International Covenant on Civil and Political Rights—the principle of self-determination is a fundamental right for all peoples. Article (1) of both international covenants states: “All peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social, and cultural development.”
Over time, popular movements and the pursuit of political and social justice have become key drivers in the rise of autonomy. This became particularly evident when colonial or expansionist powers gradually relinquished control over their colonies in favor of self-governance, often preserving their influence through internal ties. Additionally, many “free cities” emerged across Europe, securing autonomous rights through negotiations or armed struggle with nobles or monarchs.
The right to autonomy is not necessarily conditional on an explicit constitutional provision. It can be regarded as a form of self-determination for regions that fell under other authorities in extraordinary circumstances. A special law issued by parliament or a political agreement with the central government is sufficient to grant the region the right to self-determination, in exchange for waiving any compensation claims against the central authority. The easier path lies in what is known as stable practice.
Stable practice begins with the option of self-declaration. The legal organization of an autonomous system is a key factor in regulating internal affairs and guiding decision-making and governance. Many jurists believe that every nationality or people has the right to declare its existence, and they discussed the conditions for achieving this right. The first of these is the right to declare oneself—that is, a people can announce their claim to autonomy, which marks the first stage of exercising self-governance. The decision belongs to the people, not the central government or the state that currently encompasses the region.
Next comes the right of self-definition, in which the people define the geographical area they live on. This right does not permit the central authority to unilaterally determine the boundaries of the autonomous region. Afterward, the people themselves must establish a legal system for autonomy, beginning with a regional constitution drafted by a constituent assembly. This stage is called the right to self-organization. The final condition is actual implementation, meaning the people exercise their declared autonomy within their defined territory under the legal system they have created.
These steps may result in the granting of autonomy via a special law passed by the national parliament, or through a political agreement with the central government—giving the region the right to self-determination in return for waiving compensation for past governance. Alternatively, the central government may adopt a constitutional provision or a law that acts as a roadmap toward autonomy—or even full independence.
All public law scholars agree that the technical definition of autonomy in international law is: the exercise by a region's people of all internal powers—namely, the executive, legislative, and judicial authorities—within the scope of constitutional and administrative law. If the process goes further and reaches full independence, it enters the domain of internal and external sovereignty, thereby expanding into the realm of public international law.
These are excerpts from the book “The Legal Organization of the Autonomy System in Hadhramaut” by Lawyer Saleh Abdullah Bahetili, which sheds light on the legal and institutional frameworks that govern local authorities under autonomy. It outlines key issues and procedures, identifying the legislation and systems needed to build and strengthen good governance—beginning with the establishment of an autonomous governance system. This comes at a time when calls are growing for enhanced political decentralization, constitutional reforms, and the development of autonomous governance mechanisms as a means to improve public services, transparency, and accountability.
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