Eritrea is a country on the African continent, bordering Ethiopia,
Sudan and Djibouti. Offices are usually run in Tigrinya, Arabic and
English. There are lot of ethnic communities, but Tigrinias are the
majority. 62% are Christians and 36% are Muslims. At 1,17,600 square
kilometers, the state has a population of about 50,00,000.
The
key declaration of the Eritrean constitution is "Unity in Diversity".
The Eritrean parliament will enact the necessary legislation to
eliminate all inequalities. The state will make balanced use of land,
water, air and natural resources for the security of future generations.
Privacy and property rights are recognized.
These are positive
aspects. Now let's discuss the negative aspects. The President is
capable of removing any judge as recommended by the Judicial Service
Commission. This method is normally used by dictators.
Admirable Articles of Eritrea's Constitution
Article 1. The State of Eritrea and its Territory (Part of it)
1. Eritrea is a sovereign and independent State founded on the principles of democracy, social justice and the rule of law.
3. In the State of Eritrea, sovereign power is vested in the people, and shall be exercised pursuant to the provisions of this Constitution.
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 based and by which it shall be guided and determines the organization and operation of government. It is the source of government legitimacy and the basis 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. This Constitution shall serve as a basis for instilling constitutional culture and for enlightening citizens to respect fundamental human rights and duties.
Article 6. National Unity and Stability
1. As the people and government strive to establish a united and advanced country, within the context of the diversity of Eritrea, they shall be guided by the basic principle "unity in diversity."
2. The State shall, through participation of all citizens, ensure national stability and development by encouraging democratic dialogue and national consensus; and by laying a firm political, cultural and moral foundation of national unity and social harmony.
3. The State shall ensure peaceful and stable conditions by establishing appropriate participatory institutions that guarantee and hasten equitable economic and social progress.
Article 8. Economic and Social Development
1. The State shall strive to create opportunities to ensure the fulfillment of citizens' rights to social justice and 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 enable all citizens to improve their livelihood in a sustainable manner, through their participation.
3. In the interest of present and future generations, the State shall be responsible for managing all land, water, air and natural resources and for ensuring their management in a balanced and sustainable manner; and for creating the right conditions to secure the participation of the people in safeguarding the environment.
Article 14. Equality under the Law (Part of it)
2. No person may be discriminated against on account of race, ethnic origin, language, color, gender, religion, disability, age, political view, or social or economic status or any other improper factors.
3. The National Assembly shall enact laws that can assist in eliminating inequalities existing in the Eritrean society.
Article 18. Right to Privacy
1. Every person shall have the right to privacy.
2. a. No person shall be subject to body search, nor shall his premises be entered into or searched or his communications, correspondence, or other property be interfered with, without reasonable cause.
b. No search warrant shall issue, save upon probable cause, supported by oath, and particularly describing the place to be searched, and the persons or things to be seized.
Article 23. Right to Property (Part of it)
2. All land and all natural resources below and above the surface of the territory of Eritrea belongs to the State. The interests citizens shall have in land shall be determined by law.
3. The State may, in the national or public interest, take property, subject to the payment of just compensation and in accordance with due process of law.
Article 34. Chairperson of the National Assembly (Part of it)
2. The Chairperson of the National Assembly shall convene all sessions of the National Assembly and preside at its meetings, and shall, during the recess, coordinate and supervise the operations of the standing and ad hoc committees and the Secretariat of the National Assembly.
Article 46. The Cabinet (Part of it)
3. The Cabinet shall assist the President in:
- a. directing, supervising and coordinating the affairs of government;
- b. conducting study on and preparing the national budget;
- c. conducting study on and preparing draft laws to be presented to the National Assembly;
- d. conducting study on and preparing the policies and plans of government.
Article 47. Ministerial Accountability
1. All cabinet 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 operation of his ministry.
Facts of Eritrea's Constitution
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 breach of judicial code of conduct.
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 the event that the Judicial Service Commission decides that a judge be removed from office, it shall present its 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 organization, powers and duties of the Judicial Service Commission shall be determined by law.
