{ Adopted: July 1996 / Status: July 1996 }
Preamble
We
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.
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
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
(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.
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 Ounity 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.
Article 14 Equality under the Law
(1) All persons are equal
(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
(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
(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
(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
(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.
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
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
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
(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.
Article 39 The President: Head of State and Government
(1) The President of Eritrea is Head of State
(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
(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.
Article 48 The Judiciary
(1) The judicial power shall be vested in a Supreme Court and
in such other lower courts
(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
(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.
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.