Eritrea - Constitution
{ Adopted on: July 1996 }
{ ICL Document Status: July 1996 }
{ Editor's Note
The raw text of the draft was kindly provided by Wolbert Smidt
in Nov 1996. The ICL edition contains a number of changes
to adapt the text to our standards. This is the draft, not
the final constitutional text. }
Preamble
We the people of Eritrea, united in a common struggle for our
rights and common destiny, standing on the solid ground of unity
and justice bequeathed by our martyrs and combatants: With Eternal
Gratitude to the scores of thousands of our martyrs who sacrificed
their lives for the causes of our rights and independence, during
the long and heroic revolutionary struggle for liberation, and
to the courage and steadfastness of our Eritrean patriots;
Aware that it is the sacred duty of all Eritreans to build a
strong and developed Eritrea on the bases of freedom, unity,
peace, stability and security achieved through the long struggle
of all Eritreans, which tradition we must cherish, preserve
and develop;
Realising that in order to build a developed country, it is
necessary that the unity, equality, love for truth and justice,
self-reliance, and hard work, which we nurtured during our revolutionary
struggle for independence and which helped us to triumph, must
become the core of our national values;
Appreciating the fact that for the development and health of
our society, it is necessary that we inherit and improve upon
the traditional community-based assistance and fraternity, love
for family, respect for elders, mutual respect and consideration;
Convinced that the recognition, protection and securing of the
rights and freedoms of citizens, human dignity, equality will
guarantee a balanced development; lay down the groundwork for
satisfying the material and spiritual needs of citizens; usher
in a democratic order that is responsive to the needs and interests
of citizens, guarantees their participation and brings about
economic development, social progress and harmony;
Noting the fact that the Eritrean women's heroic participation
in the struggle for independence and solidarity based on equality
and mutual respect generated by such struggle will serve as
an unshakable foundation for our commitment and struggle to
create a society in which women and men shall interact on the
bases of mutual respect, fraternity and equality;
Desirous that the Constitution we are adopting will be a covenant
between us and the government we will be structuring by our
free will and serve as a means for governing in harmony this
and the future generation; and for bringing about justice and
peace, founded on democracy, national unity and the rule of
law;
today ..., on this historic date, after active popular participation,
approve and solemnly ratify officially, through the Constituent
Assembly, this Constitution as the fundamental law of our Sovereign
and Independent State of Eritrea.
Chapter I General Provisions
Article 1 The State of Eritrea and its Territory
(1) Eritrea is a sovereign and independent State founded on
the principles of democracy, social justice and the rule of
law.
(2) The territory of Eritrea consists of all its territories,
including the islands, territorial waters and airspace, delineated
by internationally recognised boundaries.
(3) In the State of Eritrea, sovereign power is vested in
the people, who shall exercise such power through their representatives,
duly elected pursuant to the procedures authorised by the
provisions of this Constitution.
(4) The State that is to be established by a democratic process
to represent the people's sovereignty shall have strong institutions,
capable of accommodating people's participation and of serving
as foundation of a viable democratic and political order.
(5) The State of Eritrea shall have a unitary government divided
into units of local government. The powers and duties of these
units shall be determined by law.
Article 2 Supremacy of the Constitution
(1) This Constitution is the legal expression of the sovereignty
of the Eritrean people.
(2) This Constitution enunciates the principles on which the
State is to be based and guided by and determines the organisation
and operation of government. It is the source of government
legitimacy and the guarantor for the protection of the rights,
freedoms and dignity of citizens and of just administration.
(3) This Constitution is the supreme law of the country and
the source of all laws of the State, and all laws, orders
and acts contrary to its letter and spirit shall be null and
void.
(4) All organs of the State, all public and private associations
and institutions and all citizens shall be bound by and remain
loyal to the Constitution and shall ensure its observance.
(5) Pursuant to the provisions of this Constitution and other
laws, the conduct of the affairs of government and all orgnisations
and institutions shall be accountable and transparent.
(6) This Constitution shall serve as a basis for instilling
constitutional culture and for enlightening and ensuring that
organisations of the State and citizens respect fundamental
human rights and duties.
Article 3 Citizenship
(1) Any person born of an Eritrean father or mother is an
Eritrean by birth.
(2) Any foreign citizen may acquire Eritrean citizenship pursuant
to law.
(3) The details concerning citizenship shall be regulated
by law.
Article 4 National Symbols and Languages
(1) The Eritrean Flag shall have green, red and blue colours
with golden olive leaves located at the centre. The exact
description of the Flag shall be determined by law.
(2) Eritrea shall have a National Anthem and a Coat of Arms
appropriately reflecting the history and the aspiration of
its people. The details of the National Anthem and the Coat
of Arms shall be determined by law.
(3) The equality of all Eritrean languages is guaranteed.
Article 5 Gender Reference
Without consideration to the gender wording of any provision
in this Constitution, all of its articles shall apply equally
to both genders.
Chapter II National Objectives and Directive
Principles
Article 6 National Unity and Stability
(1) As the people and government struggle to establish a united
and developed Eritrea, within the context of the diversity
of Eritrea, they shall be guided by the basic principle Ňunity
in diversity.
(2) The State shall strengthen the stability and development
of the country by encouraging democratic dialogue and national
consensus through participation of all citizens; by building
strong political, cultural and moral foundation; and by promoting
national unity and social harmony.
(3) The State shall ensure peace and stability by establishing
appropriate institutions that encourage people's participation
and by creating the necessary conditions capable of guaranteeing,
hastening and engendering equitable economic and social progress.
Article 7 Democratic Principles
(1) It is a fundamental principle of the State to guarantee
its citizens broad and active participation in all political,
economic, social and cultural life of the country.
(2) Any act that violates the human rights of women or limits
or otherwise thwarts their role and participation is prohibited.
(3) There shall be established necessary institutions to encourage
and develop people's participation and initiative in the areas
where they reside.
(4) Pursuant to the provisions of this Constitution and laws
enacted pursuant thereto, all Eritreans, without distinction,
are guaranteed equal opportunity to participate in any positions
of leadership in the country.
(5) The organisation and operation of all political and public
associations and movements shall be guided by the principle
of national unity and democracy.
(6) The State shall create the necessary conditions for establishing
a democratic, political culture defined by the development
of free and critical thinking, tolerance and national consensus.
Article 8 Competent Justice System
(1) The justice system of Eritrea shall be independent, competent
and accountable pursuant to the provisions of the Constitution
and laws.
(2) Courts shall work under a judicial system that is capable
of producing fast and equitable judgments and that can easily
be understood by and is accessible to all the people.
(3) Judges shall be free from corruption or discrimination
and, in rendering their judgment, they shall make no distinctions
among persons.
(4) The State shall encourage out-of-court settlement of disputes
through conciliation, mediation or arbitration.
Article 9 Competent Public Administration
(1) Eritrea shall have an efficient, effective and accountable
public service.
(2) All administrative institutions shall be free from corruption,
discrimination and delay in the delivery of services.
Article 10 Economic and Social Development
(1) The State shall endeavour to create opportunities to ensure
the fulfillment of citizens' rights to social justice and
the economic development and to fulfill their material and
spiritual needs.
(2) The State shall work to bring about a balanced and sustainable
development throughout the country, and shall use all available
means to ensure all citizens to improve their livelihood in
a sustainable manner, through their development.
(3) The State shall have the responsibility to regulate all
land, water and natural resources and to ensure their management
in a balanced and sustainable manner and in the interest of
the present and future generations; and to create the right
conditions for securing the participation of the people to
safeguard the environment.
Article 11 National Culture
(1) The State shall have the responsibility of creating and
maintaining the necessary conditions for enriching national
culture, which is the expression of national identity and
unity and progress of the Eritrean people.
(2) The State shall encourage the values of community solidarity
and the love and respect of family.
(3) The State shall promote the development of arts, sport
and science and technology and shall create an enabling environment
for individuals to work in an atmosphere of freedom and manifest
their creativity and innovation.
Article 12 National Defence and Security
(1) Defence and security forces of Eritrea shall owe allegiance
to and defend the territorial integrity and sovereignty of
the country, the Constitution and the government established
pursuant thereto.
(2) Defence and security forces are an integral part of society,
and shall be productive and respectful of the people.
(3) The defence and security of Eritrea are rooted on the
people and on their active participation.
(4) The defence and security forces shall be subject and accountable
to the law, shall be competent and pass these requirements
for posterity.
Article 13 Foreign Policy
The foreign policy of Eritrea is based on respect for the
independence and sovereignty of countries and on promoting
the interest of regional and international peace, cooperation,
harmony and development.
Chapter III Fundamental Rights, Freedoms,
and Duties
Article 14 Equality under the Law
(1) All persons are equal before the law.
(2) No person may be discriminated against on account of race,
ethnic origin, language, colour, sex, religion, disability,
political belief or opinion, or social or economic status
or any other factors.
(3) The National Assembly shall, pursuant to the provisions
of this Article, enact laws that can assist in eliminating
inequalities existing in the Eritrean society.
Article 15 Right to Life and Liberty
(1) No person shall be deprived of life without due process
of law.
(2) No person shall be deprived of liberty without due process
of law.
Article 16 Right to Human Dignity
(1) The dignity of all persons shall be inviolable.
(2) No person shall be subject to torture or to cruel, inhuman
or degrading treatment or punishment.
(3) No person shall be held in slavery or servitude or required
to perform forced labour not authorised by law.
Article 17 Arrest, Detention and Fair Trial
(1) No person may be arrested or detained save pursuant to
due process of law.
(2) No person shall be tried or convicted for any act or omission
which did not constitute a criminal offence at the time when
it was committed.
(3) Every person arrested or detained shall be informed of
the grounds for his arrest or detention and the rights he
has in connection with his arrest or detention in a language
he understands.
(4) Every person who is arrested and detained in custody shall
be brought before the court withi forty-eight (48) hours of
his arrest, and if this is not reasonably possible, as soon
as possible thereafter, and no such person shall be detained
in custody beyond such period without the authority of the
court.
(5) Every person shall have the right to petition the court
for a Writ of Habeas Corpus. Where the arresting officer fails
to bring him before the court of law and provide the reason
for their arrest, the court shall accept the petition and
order the release of the prisoner.
(6) Every person charged with an offence shall be entitled
to a fair and public hearing by a court of law; provided,
however, that such a court may exclude the press and/or the
public from all or any part of the trial for reasons of morals,
the public order or national security, as is necessary in
a just and democratic society.
(7) A person charged with an offence shall be presumed to
be innocent, and shall not be punished, unless he is found
guilty by a court.
(8) Where an accused is convicted, he shall have the right
to appeal. No person shall be liable to be tried again for
any criminal offence on which judgement has been rendered.
Article 18 Right to Privacy
(1) Every person shall have the right to privacy.
(2) No person shall be subjected to unlawful search, including
his home or other property; there shall be no unlawful entry
of his premises and no unlawful seizure of his personal possessions;
nor shall the privacy of his correspondence, communication
or other property be violated.
Article 19 Freedom of Conscience, Religion,
Expression of Opinion, Movement, Assembly and Organisation
(1) Every person shall have the right to freedom of thought,
conscience and belief.
(2) Every person shall have the freedom of speech and expression,
which include freedom of the press and other media.
(3) Every citizen shall have the right of access to information.
(4) Every person shall have the freedom to practice any religion
and to manifest such practice.
(5) All persons shall have the right to assemble and to demonstrate
together with others peaceably.
(6) Every citizen shall have the right to form organisations
for political, social, economic and cultural ends; and to
practice any profession, or engage in any occupation or trade.
(7) Every citizen shall have the right to move freely throughout
Eritrea or reside and settle in any part thereof.
(8) Every citizen shall have the right to leave and return
to Eritrea and to be provided with passport or any other travel
documents.
Article 20 Right to Vote and to be a Candidate
to an Elective Office
Every citizen who fulfills the requirements of the electoral
law shall have the right to vote or to campaign to be elected
to any office of leadership in government.
Article 21 Economic, Social and Cultural
Rights and Responsibilities
(1) Every citizen shall have the right of equal access to
publicly funded social services. The State shall endeavor,
within the limit of its resources, to make available to all
citizens health, education, cultural and other social services.
(2) The State shall secure, within available means, the social
welfare of all citizens and particularly those disadvantaged.
(3) Every citizen shall have the right to engage freely in
any economic activity and to pursue a livelihood.
(4) The State and society shall have the responsibility of
identifying, preserving, developing, when necessary, and bequeathing
to succeeding generation historical and cultural heritage;
shall lay the necessary groundwork for the development of
arts, sport, science and technology; and shall encourage citizens
to participate in such endeavors.
(5) The National Assembly shall enact laws that guarantee
and secure the social welfare of citizens and other rights
and responsibilities listed in this Article.
Article 22 Family
(1) The family is the natural and fundamental unit of society
and is entitled to the protection and special care of the
State and society.
(2) Men and women of full legal age shall have the right,
upon their consent, to marry and to found a family freely,
without any discrimination and they shall have equal rights
and duties as to all family affairs.
(3) Parents have the right and duty to bring up their children
with proper care and affection; and, in turn, children have
the right and the duty to respect their parents and to sustain
them in their old age.
Article 23 Right to Property
(1) Subject to the provisions of Sub-Article 2 of this Article,
any citizen shall have the right, any where in Eritrea, to
acquire, own, and dispose of all property individually or
in association with others and to bequeath to his heirs or
legatees.
(2) All land, water and natural resources below and above
the surface of the territory of Eritrea belongs to the State.
Usufruct rights of citizens shall be determined by law.
(3) The State or any of its organs authorised by law may expropriate
property in the national or public interest, subject to the
payment of just compensation and in accordance with due process
of law.
Article 24 Administrative Justice
(1) Any person with a complaint shall have the right to be
heard respectfully by administrative officials and to receive
appropriate and quick answer from them.
(2) Any person whose rights or interests are interfered with
or threatened shall have the right to seek due administrative
redress.
Article 25 Duties of Citizens
All citizens shall have the duty to:
1. owe allegiance to Eritrea, strive for its development and
promote its prosperity;
2. be ready to defend the country;
3. complete one's duty in the National Service;
4. advance national unity and the well-being of the people;
5. know, respect and defend the Constitution;
6. respect the rights and freedoms of others;
7. respect the rule of law and comply with the requirements
of the law.
Article 26 Limitation Upon Fundamental Rights
and Freedoms
(1) The fundamental rights and freedoms guaranteed under this
Constitution may be limited only in so far as is necessary
in a just and democratic society in the interests of national
security, public safety or the economic well-being of the
country, health or morals, for the prevention of public disorder
or crime or for the protection of the rights and freedoms
of others.
(2) Any law providing for the limitation of the fundamental
rights and freedoms guaranteed in this Constitution must:
a) be consistent with the principles of a just and democratic
society; b) be of general application and not negate the essential
content of the right or freedom in question; c) specify the
ascertainable extent of such limitation and identify the Article
or Articles hereof on which authority to enact such limitation
is claimed to rest.
(3) Notwithstanding the provisions of Sub-Article 1 of this
Article and other Articles of this Constitution to the contrary,
the fundamental rights and freedoms guaranteed under Articles
14 (1) and (2), 17
(2), 19 (4)
of this Constitution shall not be limited.
Article 27 State of Emergency
(1) At a time when public safety or the security or stability
of the State is threatened by external invasion, by civil
disorder or by natural disaster, the President may by a proclamation
published in the Gazette of Eritrean Laws declare that a state
of emergency exists in Eritrea or any part thereof.
(2) A declaration under Sub-Article 1 hereof shall not become
effective unless approved by a resolution passed by a two-thirds
majority votes of all members of the National Assembly. In
the case of a declaration made when the National Assembly
is session, the declaration shall be presented within two
days after its publication, or otherwise the National Assembly
shall be summoned to meet and approve the publication within
thirty days of its declaration.
(3) A declaration approved by the National Assembly pursuant
to Sub-Article 2 hereof shall continue to be in force until
the expiration of a period of six months after such approval.
The National Assembly may, by a resolution of two-thirds majority
votes of all its members, extend ist approval of the declaration
for periods of three months at a time.
(4) The National Assembly may by resolution at any time revoke
a declaration approved by it pursuant to the provisions of
this Article.
(5) Any measures undertaken or laws enacted pursuant to a
declaration of a state of emergency shall not: a) suspend
Article 26 (3)
of the Constitution; b) grant pardon or amnesty to any person
or persons who, acting under the authority of the State, have
committed illegal acts; or
c) introduce martial law when no external invasion exists
or civil disorder prevails.
Article 28 Enforcement of Fundamental Rights
and Freedoms
(1) Save in so far as it may be authorised to do so by this
Constitution, the National Assembly or any subordinate legislative
authority shall not make any law, and the Executive and the
agencies of government shall not take any action which abolishes
or abridges the fundamental rights and freedoms conferred
by this Constitution. Any law or action in violation thereof
shall be null and void.
(2) Aggrieved persons who claim that a fundamental right or
freedom guaranteed by this Constitution has been denied or
violated shall be entitled to approach a competent court to
enforce or protect such a right or freedom. Where the court
ascertains that such fundamental right or freedom has been
denied or violated, the court shall have the power to make
all such orders as shall be necessary to secure such applicants
the enjoyment of such fundamental right or freedom, and where
such applicants suffer damage, to include an award of monetary
compensation.
Article 29 Residual Rights
The rights enumerated in this Chapter shall not preclude other
rights which ensue from the spirit of this Constitution and
the principles of a society based on social justice, democracy
and the rule of law.
Chapter IV The National Assembly
Article 30 Representation of the People
(1) Any Eritrean citizen, of eighteen years of age or more,
shall have the right to vote.
(2) The National Assembly shall enact an electoral law, which
shall prescribe for and ensure the representation and participation
of the Eritrean people.
Article 31 Establishment and Duration of
the National Assembly
(1) There shall be a National Assembly which shall be a supreme
representative and legislative body.
(2) The National Assembly shall be composed of representatives
elected by the people.
(3) Members of the National Assembly shall be elected by direct
and secret ballot by all citizens who are qualified to vote.
(4) Members of the National Assembly are representatives of
the Eritrean peoples as a whole. In discharging their duties,
they are governed by the objectives and principles of the
Constitution, the interest of the people and the country and
their conscience.
(5) The first session of the National Assembly shall be held
within one month after a general election and its term shall
be five years from the date of such first session. Where there
exists a state of emergency which would prevent a normal general
election from being held, the National Assembly may, by resolution
supported by not less than two-thirds vote of all its members,
extend the life of the National Assembly for a period not
exceeding six months.
(6) The qualifications and election of the members of the
National Assembly and the conditions for vacating their seats
shall be determined by law.
Article 32 Powers and Duties of the National
Assembly
(1) Pursuant to the provisions of this Constitution: a) The
National Assembly shall have the power to enact laws and pass
resolutions for the peace, stability, development and good
governance of Eritrea; b) Unless, pursuant to the provisions
of this Constitution or authorised by law enacted by the National
Assembly, no person or organisation shall have the power to
make having the force of law.
(2) The National Assembly shall be bound by the objectives
and principles of the Constitution, and shall strive to realise
the objectives stated therein.
(3) The National Assembly shall approve the national budget
and enact tax law.
(4) The National Assembly shall ratify international agreements
by law.
(5) The National Assembly shall authorise government to borrow
money pursuant to law.
(6) The National Assembly shall approve a state of peace,
war or national emergency.
(7) The National Assembly shall have the power to oversee
the execution of laws.
(8) The National Assembly shall have the power to elect, from
among its members, by absolute majority vote of all its members,
the President who shall serve for five years.
(9) Pursuant to the provisions of Sub-Article 6(a) and (b)
of Article 41 hereof, the National Assembly,
by a vote of two-thirds majority of all its members, shall
have the power to impeach and charge the President before
the end of his term of office.
(10) The National Assembly may approve the appointment of
any person or persons pursuant to this Constitution.
(11) The National Assembly may pass such resolutions and undertake
such measures as are necessary and establish such standing
or ad hoc committees as it deems appropriate for discharging
its constitutional responsibilities.
Article 33 Approval of Draft Legislation
Any draft law approved by the National Assembly shall be transmitted
to the President who, within thirty days, shall sign and have
it published in the Gazette of Eritrean Laws.
Article 34 Chairman of the National Assembly
(1) In its first meeting, the National Assembly shall elect,
by an absolute majority vote of all ist members, a Chairman
for five years.
(2) The Chairman of the National Assembly shall convene session
of the National Assembly and preside at its meetings, and
shall, during the recess, coordinate and supervise the operations
of standing and ad hoc committees of the National Assembly.
(3) The Chairman of the National Assembly may be replaced
by an absolute majority vote of all the members of the National
Assembly.
Article 35 Oath
Every member of the National Assembly shall take the following
oath: "I, ..., swear in the name of the Eritrean martyrs
that I will be faithful and worthy of the trust the Eritrean
people placed on me; that I will uphold and defend the Constitution
of Eritrea; and that I will endeavor to the best of my ability
and conscience for the unity and development of my country
without seeking or being enticed by private gain."
Article 36 Rules of Procedure in the National
Assembly
(1) The National Assembly shall have regular session and shall
determine the timing and duration of its regular session.
(2) At the request of the President, its Chairman or one-third
of all its members , the National Assembly shall have emergency
meeting.
(3) The quorum of the National Assembly shall be fifty percent
of all the members of the National Assembly.
(4) Except as otherwise prescribed by this Constitution or
other laws, any question proposed for decision of the National
Assembly shall be determined by a majority vote of those present
and voting, and in case of a tie of votes, the Chairman may
exercise a casting vote.
(5) The National Assembly shall issue rules and regulations
concerning its organisation, tasks, operations and internal
processes and those of the standing and ad hoc committees,
including the rules governing the code of ethics of its members
and transparency of its operations.
Article 37 Office and Committees of the
National Assembly
(1) The National Assembly shall have a secretariat under the
direction of its Chairman and committees for various fields
of interest, as circumstance may dictate.
(2) The various committees established pursuant to the provisions
of Sub-Article 1 of this Article shall have the power to call
any person to appear before them to give evidence or to submit
documents.
Article 38 Duties, Immunities and Privileges
of Members of the National Assembly
(1) All members of the National Assembly shall maintain the
high image of the National Assembly. They shall regard themselves
as humble servants of the people and maintain close contact
with them.
(2) No member of the National Assembly or of its committees
may be arrested or charged for any crimes he commits during
the session of the National Assembly, unless he be apprehended
in flagrante delicto. Nevertheless, where the National Assembly,
by a majority vote of those present and voting, revokes his
immunity, the member may be charged.
(3) No member of the National Assembly may be arrested or
charged for words uttered or written statements submitted
by him at any meeting of the National Assembly or any meeting
of ist committees or any utterance or statement made outside
the National Assembly in connection with his duty as member
thereof.
(4) The duties, responsibilities, immunities and compensation
of the members of the Nationa Assembly shall be determined
by law; and all members shall be entitled to the protection
of such immunities and shall perform the duties enumerated
therein.
Chapter V The Executive
Article 39 The President: Head of State
and Government
(1) The President of Eritrea is Head of State and Government
and Commander-in-Chief of the Armed Forces of Eritrea.
(2) The executive authority is vested in the President, and
shall be exercised, in consultation with the Cabinet, pursuant
to the provisions of this Constitution.
(3) The President shall ensure the respect of the Constitution;
the integrity of the State; the efficiency and effectiveness
of the public service; the interests and safety of all citizens,
including the enjoyment of their fundamental rights and freedoms
recognised under this Constitution.
Article 40 Qualifications to be a Candidate
to the Office of the
President
Any member of the National Assembly to be elected President
of Eritrea shall be a citizen of Eritrea by birth.
Article 41 Election and Term of Office of
the President
(1) The President shall be elected from amongst the members
of the National Assembly by a vote of the majority of its
members. A candidate for the office of the President must
be nominated by at least 20 percent vote of all the members
of the National Assembly.
(2) The term of office of the President shall be five years,
equal to the term of office of the National Assembly that
elects him.
(3) No person shall be elected to hold office of the President
for more than two terms.
(4) When the office of the President becomes vacant due to
death or resignation of the incumbent or due to the reasons
enumerated in Sub-Article 6 of this Article, the Chairman
of the National Assembly shall assume the office of the President.
The Chairman shall serve as acting President for not more
than thirty days, during which time, the National Assembly
shall elect another President to serve the remaining term
of his predecessor.
(5) The term of office of the person elected to serve as President
under Sub-Article 4 of this Article shall not be considered
as a full term for purposes of Sub-Article 3 of this Article.
(6) The President may be removed from office by two-thirds
majority vote of all members of the National Assembly for
the following reasons:
a) violation of the Constitution or grave violation of the
law;
b) conducting himself in a manner which brings the authority
or honour of the office of President into ridicule, contempt
and disrepute;
c) being incapable of performing the functions of his office
by reason of physical or mental incapacity.
(7) The procedures for the election and removal of the President
from office shall be determined by law.
Article 42 Powers and Duties of the President
The President shall have the following powers and duties:
1. once every year, deliver a speech in the National Assembly
on the state of the country and the policies of his government;
2. subject to the provisions of Article 27 hereof, declare state of emergency,
and when the defence of the country requires, state of war;
3. summon the National Assembly to an emergency meeting and
present his views to it;
4. sign and publish in the Gazette of Eritrean Laws draft
laws approved by the National Assembly;
5. ensure the execution of laws and resolutions of the National
Assembly;
6. negotiate and sign international agreements and delegate
such power;
7. appoint with the approval of the National Assembly, ministers,
commissioners, the Auditor-General, head of the National Bank,
the Chief Justice of the Supreme Court and any other person
or persons who are required by any other provisions of this
Constitution or other laws to be appointed by the President;
8. appoint justices of the Supreme Court upon proposal of
the Judicial Service Commission and approval of the National
Assembly;
9. appoint judges of the lower courts upon proposal of the
Judicial Service Commission;
10. appoint and receive ambassadors and diplomatic representatives;
11. appoint high ranking members of the Armed and the Security
Forces;
12. pardon, grant amnesty or reprieve offenders;
13. establish and dissolve such government ministries and
departments necessary or expedient for the good governance
of Eritrea, in consultation with the Public Service Administration;
14. preside over meetings of the Cabinet and coordinate its
activities;
15. present legislative proposals to the National Assembly;
16. confer medals or other honours on citizens, residents
and friends of Eritrea in consultation with relevant persons
and institutions;
17. pursuant to the provisions of this Constitution, remove
any person appointed by him.
Article 43 Immunity from Civil and Criminal
Proceedings
Any person holding the office of the President may not be
sued in any civil proceedings or charged for a crime, save
where such proceedings concern an act done in his official
capacity as President or proceedings involving Sub-Article
6(a) and (b) of Article 41 hereof.
Article 44 Privileges to be Given to Former
Presidents
Provisions shall be made by law for the privileges that shall
be granted to former Presidents.
Article 45 Oath
Upon his election, the President shall take the following
oath: "I, ..., swear in the name of the Eritrean martyrs
that I will uphold and defend the Constitution of Eritrea
and that I will strive with the best of my ability and conscience
to serve the people of Eritrea."
Article 46 The Cabinet
(1) There shall be a ministerial Cabinet, which shall be presided
by the President.
(2) The President may select ministers from among members
of the National Assembly or from among persons who are not
members of the National Assembly.
(3) The Cabinet shall assist the President in:
a) directing, supervising and coordinating the affairs of
government;
b) conducting study on and preparing the annual budget;
c) conducting study and preparing draft laws to be presented
to the National Assembly;
d) conducting study on and preparing policies and plans of
government.
(4) The President may issue rules and regulations for the
organisation, functions and operation of his office, the Cabinet
or other government institutions, and for the code of ethics
involving officials of the executive branch of government.
Article 47 Ministerial Accountability
(1) All ministers shall be accountable:
a) individually to the President for the administration of
their own ministries; and
b) collectively to the National Assembly, through the President,
for the administration of the work of the Cabinet.
(2) The National Assembly or its committees may, through the
Office of the President, summon any minister to appear before
them to question him concerning the policies or operation
of his ministry.
Chapter VI The Administration of Justice
Article 48 The Judiciary
(1) The judicial power shall be vested in a Supreme Court
and in such other lower courts as shall be established by
law and shall be exercised in the name of the people pursuant
to this Constitution and laws issued thereunder.
(2) In exercising their judicial power, courts shall be free
from direction, control and supervision of any person or authority.
Judges shall be subject only to the law, to a judicial code
of ethics determined by law and to their conscience.
(3) A person exercising judicial power shall not be liable
to any suit for any act or omission in the course of exercising
that judicial power.
(4) All organs of the State shall accord to the courts such
assistance as they may require to protect their independence
and dignity so that they may exercise their judicial power
appropriately and effectively pursuant to the provisions of
this Constitution and laws issued thereunder.
Article 49 The Supreme Court
(1) The Supreme Court shall be the court of last resort; and
shall be presided by the Chief Justice.
(2) The Supreme Court shall have the power of:
a) sole jurisdiction of interpreting this Constitution and
the constitutionality of any law enacted or any measure undertaken
by government; b) sole jurisdiction of hearing and adjudicating
upon charges against a President who has been impeached by
the National Assembly pursuant to the provisions of Sub-Article
6 (a) and (b) of Article 41 hereof; and c) hearing and
adjudicating cases appealed from lower courts pursuant to
law.
(3) the organisation and operation of the Supreme Court shall
be determined by law.
(4) The tenure of justices of the Supreme Court shall be determined
by law.
Article 50 Lower Courts
The organisation, jurisdiction and the procedures of lower
courts and the tenure of their judges shall be determined
by law.
Article 51 Oath
Every judge shall take the following oath: "I, ..., swear
in the name of the Eritrean martyrs that I will adjudicate
in accordance with the provisions of the Constitution and
laws enacted thereunder and I will exercise the judicial authority
vested in me, subject only to the law and my conscience, without
seeking or being enticed by any private gain."
Article 52 Removal of Judges from Office
(1) A judge may be removed from office before the expiry of
his tenure of office by the President only, acting on the
recommendation of the Judicial Service Commission, pursuant
to the provisions of Sub-Article 2 of this Article for physical
or mental incapacity, violation of the law or judicial code
of ethics.
(2) The Judicial Service Commission shall investigate whether
or not a judge should be removed from office on grounds of
those enumerated in Sub-Article 1 of this Article. In case
the Judicial Service Commission decides that a judge should
be removed from office, it shall present ist recommendation
to the President.
(3) The President may, on the recommendation of the Judicial
Service Commission, suspend from office a judge who is under
investigation.
Article 53 The Judicial Service Commission
(1) There shall be established a Judicial Service Commission,
which shall be responsible for submitting recommendations
for the recruitment of judges and the terms and conditions
of their services.
(2) The powers, organization and duties of the Judicial Service
Commission shall be determined by law.
Chapter VII Miscellaneous Provisions
Article 54 Auditor General
(1) There shall be an Auditor General who audits the revenues
and expenditures and other financial operations of government
and who reports annually his findings to the National Assembly.
(2) The Auditor General shall be appointed for five years
by the President with the approval of the National Assembly.
He shall be accountable to the National Assembly.
(3) The detailed powers, duties and organisation of the Auditor
General shall be determined by law.
Article 55 National Bank
(1) There shall be a National Bank, which performs the functions
of a central bank, controls the financial institutions and
manages the national currency.
(2) The National Bank shall have a Governor appointed by the
President with the approval of the National Assembly. There
shall be a Board of Directors presided by the Governor and
whose members shall be appointed by the President.
(3) The detailed powers, duties and organisation of the National
Bank shall be determined by law.
Article 56 Public Service Administration
(1) There shall be established a Public Service Administration,
which shall be responsible for recruitment and selection of
civil servants as well as for determining the terms and conditions
of their employment including their rights and duties.
(2) The detailed powers, duties and organisation of the Public
Service Administration shall be determined by law.
Article 57 Electoral Commission
(1) There shall be established an Electoral Commission, operating
independently , without interference, which shall, on the
basis of the electoral law, ensure that free and fair elections
are held and manage their implementation; decide on issues
raised in the course of the electoral process; and formulate
and implement civic educational programmes relating to elections
and other
democratic procedures.
(2) An Electoral Commissioner shall be appointed by the President
with the approval of the National Assembly.
(3) The detailed powers, duties and orgnisation of the Electoral
Commission shall be determined by law.
Article 58 Amendment of the Constitution
(1) A proposal for the amendment of any provision of this
Constitution may be initiated and tabled by the President
or 50 percent of all the members of the National Assembly.
(2) Any provision of this Constitution may be amended as follows:
a) where the National Assembly by a three-quarters majority
vote of all its members proposes an amendment with reference
to a specific Article of the Constitution tabled to be amended;
and
b) where, one year after it has proposed such an amendment,
the National Assembly, after deliberation, approves again
the same amendment by four-fifths majority vote of all its
members.
