THE CONSTITUTION OF ERITREA
2.11.2012
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 DIRECTIVEPRINCIPLES
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 isadvantaged.
(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 itmay 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 THENATIONAL 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 THEEXECUTIVE
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.
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Received on Fri Nov 02 2012 - 18:31:25 EDT
