Transitional draft constitution of Eritrea

2011-06-23

Brief commentary

The six members of the Eritrean Transitional Draft Committee (ETDC) approved the document at hand. The Draft Constitution was duly submitted to the relevant bodies by the chairman of the committee as a legitimate document. It is important to note that the Draft Constitution is a collective work, and the property of the Eritrean Commission for Democratic Change. The fact that no formal objection has been registered by the concerned bodies, attests the dictum: “In silence resides acquiescence”.

CHAPTER ONE

BASIC PRINCIPLES OF THE ERITREAN CONSTITUTION

Article 1

The State of Eritrea

1. Eritrea is an independent and sovereign state.

2. The Eritrean people are indivisible.

3. Sovereignty belongs to the people who exercise it as determined by the Constitution and the laws of the land. No sector of the people has the right to claim sovereignty over the remainder.

4. The colors of the national flag shall be established by law.

5. National emblems shall be established by law.

6. The National Anthem shall be established by law.

7. The nomenclature of the state shall be established by law.

Article 2

The People

1. The Eritrean people consist of all its citizens.
2. The acquisition and deprivation of citizenship is established by law.
3. No person is deprived of his citizenship for political reasons.

Article 3

Equality of Citizens

1. All citizens, irrespective of race, nationality, language, religion, gender, or social status, are equal before the law.
2. It is the central task of the Constitution to secure equal rights for men and women.

Article 4

Territory of the State

1. The territory of Eritrea is that of the former Italian colony: it includes the continental territory, the islands, the sea, and air space.
2. Any modification of the national territory shall be authorized by law approved by the National Assembly.
3. The law determines and establishes the legal status of the parts of the territory and the property that belong to the State.

Article 5

Self-determination of nationalities

It is the central task of the Constitution to protect the right of the self- determination of Eritrean nationalities.

Article 6

Internal Federation

1. It is a central task of the Constitution to design an appropriate, decentralized, structure that takes into account internal federation, among the available alternatives.
2. The provinces of Eritrea shall be reinstated.

Article 7

Official Languages

1. The official languages of Eritrea are Tigrinya and Arabic.
2. The nationalities of Eritrea have the right to develop their languages.

Article 8

Supremacy of the law

1. The organization of the state and the relationship between the State and juridical persons is governed by law.
2. Administrative and legislative laws that contravene the Constitution are rendered invalid.

Article 9

International obligations of Eritrea

1. Treaties and rules of international law concluded by the State of Eritrea have the force of law.
2. The State of Eritrea repudiates war as a means of settling international disputes
3. The State of Eritrea bases its external policy on international peace and cooperation.
4. The State of Eritrea encourages regional union of sovereign states.

Article 10

Human Rights

The laws of the State of Eritrea shall comply with the principles of the Universal Declaration of Human Rights of the United Nations Charter.

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CHAPTER TWO

FUNDAMANTAL RIGHTS AND DUTIES

Article 11

Right to vote

Every citizen who possesses the qualifications required by law has the right to vote.

Article 12

Right of access to public office

Every citizen who possesses the qualification required by law is eligible for public office.

Article 13

Right of residence

1. Every citizen has the right to reside and travel freely in any part of the national territory, and shall not be subjected to deportation.
2. Every citizen has the right to leave the national territory and return to it.

Article 14

Right to found political parties

1. Every citizen has the right to found political parties, as prescribed by law, and seek membership in established ones.
2. Secret, political, military, and divisive associations are prohibited.

Article 15

Right to form trade unions

1. Every citizen has the right to form trade unions or join established ones for the protection of his economic interest.
2. Trade unions organized according to democratic principles have a juridical personality in accordance to the law.
3. Trade unions have the right to exercise collective bargaining and negotiate contracts binding on their members.

Article 16

Entrepreneurial Rights

1. Every citizen has the right to economic initiative within the framework of the law.
2. The exploitation of the economic resources of the national territory are governed by the laws of the State.

Article 17

Principle of patriotism

1. Every citizen is required to be loyal to the state.
2. The defense of the homeland is the duty of every citizen.
3. Military service is governed by law.

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CHAPTER THREE

FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

PART ONE

Right to liberty

Article 18

Right to life and integrity

1. Every person has the right to life and personal integrity.
2. Arbitrary limits to such rights may not be established.
3. There shall not be death penalty unless prescribed by law for serious crimes against the State or Humanity.

Article 19

Right to personal liberty

1. Every person has the right to personal liberty.
2. Forced labor or subjection to servitude is punishable by law.
3. No person is liable to any form of detention or other restrictions, except by a competent juridical authority, and under procedures prescribed by law.
4. In cases of urgent necessity, expressly defined by law, the competent administrative authority may take provisional steps, for a limited time, which are communicated to the competent juridical authority – after which such measures are revoked.
5. The person deprived of his liberty shall be informed of the reasons for his arrest.
6. No person is subjected to security measures except in the manner prescribed by law, and exercised by a competent authority.
7. No person is subjected to inspection or personal search except in cases under procedure set out by law. Under all circumstances, the self-respect and moral dignity of the person concerned shall be preserved.

Article 20

Protection of restricted persons

Any physical or moral violence against persons subjected to restriction of personal liberty are punishable by law.

Article 21

Extradition and political asylum

1. Extradition is exercised under the prescription of the law, and in compliance with international convention.
2. No person is subjected to extradition for political offences.
3. An alien liable to prosecution in his own country for political offences has the right to asylum in the territory of the State as prescribed by law.

Article 22

Freedom of domicile

1. Every person has the right to the inviolability of his domicile.
2. No inspection or search shall be carried out in domiciles unless provided by law.
3. Public health or fiscal inspections shall not be performed in the domicile unless prescribed by law.

Article 23

Freedom of correspondence

1. Every person has the right to freedom and secrecy of written correspondence and other forms of communication.
2. Limitations to freedom of correspondence are imposed only under the provisions laid down by law.

Article 24

Property

1. The right to own property is guaranteed by law.
2. Property may be expropriated only for reasons of public interest, and in the manner prescribed by law, in exchange for equitable and timely compensation.
3. In Eritrea land belongs to inhabitants of communes and not to the state or provinces.

Article 25

Freedom of Assembly

1. Eritrean citizens have the right to assemble in a peaceful manner.
2. The law may require previous notice regarding public meetings.
3. Authorities may forbid such meetings only for reasons of public health, safety, order or security.

Article 26

Freedom of Association

1. Every person has the right to form associations.
2. No person may be coerced to join an association of any kind or continue to belong to it.
3. Secret Associations or clandestine military organizations are prohibited by law.

Article 27

Right to strike

The right to strike is exercised only within the limits set by the law. Any act that discriminates against or restricts the free exercise of trade union rights is prohibited.

Article 28

Freedom of expression and the press

1. Freedom of expression and press constitute fundamental elements of Eritrean democracy.
2. Every person has the right to express his opinion freely within the limits provided by law.
3. Expression of thought is not subjected to preventive censorship.

Article 29

Freedom of religion

1. Every person has the right of worship according to the teachings of his religion.
2. The Constitution demarcates the domains of state affairs and religious affairs. Each domain is separate, as specified by law.
3. The relationship between the State and religious institutions is governed by the principles of democracy and religious liberty.

PART TWO

SOCIAL RIGHTS

Article 30

Family Rights

1. The family constitutes the cornerstone of social policy of the Eritrean State.
2. Parents shall support, educate and teach their children, as required by law.
3. The law provides support to families that have no means of livelihood.
4. The State protects motherhood and childhood.
5. The State is duty bound to protect orphans and children of unknown parenthood.

Article 31

Right to Welfare

1. It is a central task of the Constitution to promote the economic and cultural well being of its citizens by securing employment, housing, and education.
2. The State promotes and encourages the creation of welfare agencies for the handicapped and abandoned children.

Article 32

Protection of public health

The State protects public health and promotes free medical assistance for the needy.

Article 33

Public education

1. The State encourages education and provides for the creation of State schools open to all.
2. Primary education in public schools is free.
3. Organizations and individuals have the right to establish, in accordance with the law and without financial support from the State, schools and educational institutions.
4. Private schools and educational establishments have parity of status with state schools, on conditions laid down by law.
5. Institutions of higher education own their autonomous organizations within the limits set by law.

Article 34

Labor rights

1. The State protects labor rights.
2. Forced labor is prohibited: only in national emergencies does the law prescribe unpaid mobilization of labor.
3. All workers have the right to equal pay for work of equal value.
4. All workers have the right to annual holidays with pay.
5. The workday consists of eight hours.
6. Minors are protected by law from heavy labor.

Article 35

Social security and social welfare

1. The State promotes social security and assistance.
2. The State guarantees to its civil and military employees the right to a pension.

PART THREE

JUDICIAL GUARANTEES

Article 36

Judicial proceedings

Every person has the right to institute legal proceedings, under conditions of full equality, before lawfully appointed judges.

Article 37

Civil Responsibility

1. Citizens, whose rights have been violated by state officials, while performing their duties, have the right to claim compensation from the State.
2. The law regulates the conduct of officials regarding the correct performance of their duties.

Article 38

Legal defense

1. Citizens have the right to exercise legal proceedings permitted by law, in their defense.
2. The State guarantees, under conditions prescribed by law, free legal assistance to the needy.

Article 39

Non-retroactivity of the law

1. No person is condemned retroactively for an act that was not punishable when it was committed.
2. No citizen is punished twice for the same crime.

Article 40

Penal liability

1. Collective punishment is not allowed.
2. An accused person is presumed innocent until proved guilty.

Article 41

Aim of punishment

1. Persons whose personal freedom is restricted in penal institutions are treated humanely: the goal of the penal system is to reform convicted persons.
2. Supervision of sentences and security measures are exercised by a competent judge in accordance with the law.

Article 42

Judicial trespasses

The conditions and the procedure for the redress of judicial errors are determined by law.

PART FOUR

DUTIES TOWARDS THE STATE

Article 43

Duty to observe the Constitution and the laws of the State

All citizens must respect and obey the Constitution and the laws of the State.

Article 44

Duty to pay taxes

1. Every person has the duty to pay taxes.
2. The system of taxation is based on principles that encourage enterprise and social justice.

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CHAPTER FOUR

NATIONAL ASSEMBLY

Article 45

Legislative power

1. Legislative power is vested in the National Assembly.
2. The Eritrean parliament is the highest representative of the people; it legislates the laws of the land, form out taxation laws, allocate funds, and oversee the work of the government and its administration.

Article 46

National Assembly

1. The National Assembly consists of deputies elected by the people via universal, free, direct, and secret ballot.
2. The number of deputies and the electoral system are determined by law.
3. Every citizen who has the right to vote, and has reached the age specified by law, is eligible to be a deputy. The law determines the grounds for ineligibility to membership of the National Assembly.

Article 47

Election and term of office

1. Each legislature is elected for a period of ? years, starting from the proclamation of the electoral results.
2. Elections to the new Assembly are announced by the President.
3. The Assembly meets for the first time within ? days of the proclamation of electoral results.

Article 48

Dissolution of the Assembly

1. The Assembly may be, dissolved before the end of its term of office, by the President, if it fails to discharge its functions as a legislative body.
2. The President announces new elections, which take place within ? days from the date of the dissolution.
3. The retiring Assembly retains its powers until the proclamation of the electoral results for the new Assembly.

Article 49

Sessions of the Assembly

1. The Assembly shall be in session according to directives set up by law.
2. The Assembly may be convened for extraordinary sessions by the President, the Government or deputies.

Article 50

Organization of the National Assembly

1. At its first meeting the National Assembly elects, from among the deputies, a Chairman and two Deputy Chairmen.
2. The Assembly organizes its own proceedings; this function is performed by the Chairman or by his deputies, in accordance with the rules of procedure.
3. The meetings of the Assembly are public. The Assembly may decide to meet in closed session on the motion of the Chairman of the Assembly or the request of the President of the State of Eritrea.
4. Decisions of the Assembly are valid unless taken by a majority of deputies, in accordance with the rules of procedure.
5. All decisions are taken by a vote of the majority of those present, unless the Constitution or the law requires a special majority.
6. No proposal rejected by the Assembly is re-introduced after ? months have elapsed from the date the decision is taken.

Article 51

Participation of Ministers and Under-Secretaries

1. Ministers and Under-Secretaries have the right to attend the meetings of the Assembly and its committees and to take part in the discussions. Officials and experts may also attend and be heard.
2. Ministers and Under-Secretaries partake in the meetings of the Assembly.

Article 52

Rules of procedure

The conduct of business in the Assembly is governed by rules of procedure approved by the Assembly.

Article 53

Deputies

1. Every deputy represents his constituency.
2. In assuming his functions, each deputy takes an oath of loyalty in the Assembly. The form of the oath is formulated by law.
3. A deputy is not prosecuted for facts cited; opinions expressed or votes cast in the exercise of his duties.
4. A deputy is not subjected, to penal proceedings without the authorization of the Assembly; he may not be arrested or otherwise deprived of personal liberty nor subjected to any search of domicile, except when caught while committing a crime for which a warrant or order of arrest is mandatory.
5. Deputies in office receive salaries fixed by law.

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CHAPTER FIVE

LEGSLATIVE AND OTHER FUNCTIONS OF THE NATIONAL ASSEMBLY

Article 54

Presentation of draft laws

1. Every deputy has the right to present draft laws to the National Assembly.
2. The Assembly discusses draft laws in accordance with established rules of procedure, approve them article by article, and finally vote on the draft laws as a whole.

Article 55

Promulgation and publication

1. Every law approved by the Assembly is announced within a specific date.
2. The Assembly, by a specific majority of its members, promulgates laws.
3. If the Assembly approves laws by a ? majority, the President of the State of Eritrea promulgate it within ? days of its approval.
4. A law approved by the Assembly comes into force on a specific date set out in the rules of procedure.

Article 56

Taxation and expenditure

1. The imposition, modification and abolition of taxes are prohibited by law.
2. Laws which involve new or larger State expenditure specify the means for meeting such expenditure.

Article 57

Budget

1. The Assembly approves each year the estimated budget presented by the Government before the end of the financial year.
2. The law approving the budget may not establish new fiscal changes and new expenditures.
3. Provisional application of the budget is authorized by law for limited periods.

Article 58

International treaties

The Assembly authorizes the ratification of political, military, commercial and international treaties.

Article 59

State of war

The Assembly authorizes the declaration of a state of war and confers on the Government the necessary powers for its conduct.

Article 60

Investigation Committee of the Assembly

1. Each deputy has the right to ask questions or interpellate the Government and to propose motions to the Assembly. The Government is duty bound to reply within a limited number of days.
2. The Assembly orders investigations in order to evaluate events or issues of public interest.

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CHAPTER SIX

PRESIDENT OF THE STATE OF ERITREA

Article 61

Elections

1. The President is the Head of the State of Eritrea and represents the unity of the nation.
2. The President is elected directly by the people.
3. On assuming his functions, the President takes an oath before the National Assembly. The form of the oath is formulated by the Assembly.

Article 62

Qualifications and eligibility

1. Every citizen whose parents are born in Eritrea has the right to vote; candidates who satisfy the conditions of citizenship and have attained an age specified by law are eligible to occupy the office of the Presidency of the State of Eritrea. An eligible candidate occupies the office of the Presidency only twice.
2. The President of the State of Eritrea does not perform other functions outside his sphere of competence.

Article 63

Term of office

1. The term of office of the President is ? years from the date of his taking the oath.
2. The election of the President of the State is announced by the Chairman of the National Assembly.
3. If the National Assembly is dissolved, the election of the President takes place within ? days.

Article 64

Salary and allowances

The salary and allowances of the President of the State of Eritrea is fixed by law.

Article 65

Disability, resignation, death

1. In cases of resignation, disability, or death of the President, the Chairman of the National Assembly declares new elections within short notice.
2. Until the election has taken place, the powers of the President are exercised with full legal force by the Chairman of the National Assembly.
3. In case of resignation, the President of the Republic gives written notice to the National Assembly.

Article 66

Powers and duties of the President

The President of the State of Eritrea exercises the functions conferred upon him by the Constitution, the legislature, executive, and juridical fields. In addition, he exercises the following functions:

a. Authority to present bills formulated by the Government to the National Assembly;
b. Authority to address messages to the National Assembly;
c. Authority to grant mercy and commute sentences;
d. Authority to accredit and receive diplomatic representatives;
e. Authority to ratify international treaties, after such authorization from the National Assembly;
f. Authority to confer the honors of State.

Article 67

Responsibility

1. The President of the State of Eritrea is not held responsible for errors committed in the performance of his duties, except for crimes of high treason or acts directed against the Constitution.
2. In cases of high treason or attempts against the constitutional order, the President may be impeached by a decision of the National Assembly.
3. Approval of impeachment for high treason or for acts directed against the Constitution relieves the President from the performance of his duties.

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CHAPTER SEVEN

THE EXECUTIVE

Article 68

Source of executive power

Executive power is vested in the Government.

Article 69

Formation of Government

1. The Government is composed of the Prime Minister and Ministers.
2. The joint meeting of the Prime Minister and Ministers constitute the Council of Ministers.
3. The Prime Minister is elected by the General Assembly as representative of the majority Party.
4. Ministers are appointed and dismissed by the Prime Minister.
5. The Prime Minister and Ministers take an oath of loyalty in the presence of the President of the State of Eritrea. The form of the oath is formulated by the Assembly.

Article 70

Under-Secretaries of State

1. The Ministers are assisted by Under-Secretaries, who are appointed and dismissed by the Prime Minister.
2. The Under-secretaries function as heads of Departments in their respective Ministries.
3. Under-Secretaries take an oath of loyalty to the State in the presence of the Prime Minister.

Article 71

Required qualifications of Ministers and Under-Secretaries

1. Every deputy who is endowed with the required qualifications may be appointed Minister or Under-Secretary.
2. Ministers and Under-Secretaries do not occupy public functions outside their sphere of competence.

Article 72

Council of Ministers

1. The functions of the Council of Ministers, the Prime Minister, and Ministers are established by an Act of the National Assembly.
2. The organization of the Council of Ministers, Ministries, and subordinate organs of the State are laid down by the National Assembly.

Article 73

Confidence of the National Assembly

1. The Government requests and obtains the confidence of the National Assembly within ? days of its formation.
2. The National Assembly expresses its confidence or denies it, by means of a simple majority, in an open vote.
3. A motion of no-confidence signed by at least ? deputies may also be proposed. The motion is approved by an absolute majority, in an open vote.
4. A vote of no-confidence by the Assembly is a formal demand for the collective resignation of the Government.
5. The resigning Government shall, under the oversight of the President, continue to discharge its duties until a new Government is formed.

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CHAPTER EIGHT
THE GOVERNMENT AND ITS ORGANS

Article 74

Powers and responsibilities of the Prime Minister and Ministers

1. The Prime minister directs the general policy of the Government and bears responsibility for it.
2. The Prime Minister maintains the unity of the Government’s policy by coordinating and promoting the activity of the Ministers.
3. The Ministers direct the work of their respective Ministries and are individually responsible for them.
4. The Prime Minister and his Ministers are jointly responsible for the acts of the Council of Ministers.

Article 75

Penal responsibility of the Prime Minister and Ministers

1. The Prime Minister and Ministers are responsible for offences committed in the exercise of their duties.
2. In cases of offence committed by the Prime Minister and Ministers, the National Assembly may demand their trial by the Supreme Court of Justice.
3. The Prime Minister and Ministers may not be tried for penal offence except by authorization of the Assembly, approved by secret ballot.
4. If the Prime Minister and Ministers are found guilty by the Supreme Court of Justice, they shall be suspended from the Government.

Article 76

Power to issue regulations

On the basis of a proposal approved by the Council of Ministers, the President of the State of Eritrea has the duty to issue Regulations related to the governance and administration of the State. The power to issue regulations on specific matters is delegated to other organs of the State.

Article 77

Administrative decentralization

1. Administrative functions shall be decentralized and performed by the local organs of the State.
2. Eritrea shall have town municipalities, county, and communal councils. The decision-making power of local authorities shall be lodged in elected local assemblies. Local authorities may levy taxes for local needs.

Article 78

Appointment of high officials

High officials and commanders of the military forces are appointed by the President of the State of Eritrea on the proposal of the Council of Ministers.

Article 79

Civil Servants and public employees

1. Civil servants and public employees exercise their function in accordance with the law and in the public interest.
2. Civil servants and public employees may not be leaders of political parties.
3. The categories of civil servants and public employees are established by law.
4. Any civil servant or public employee who is temporarily suspended from his functions may not be promoted except on grounds of seniority.
5. The status of civil servants is established by law.
6. Permanent appointments to public service are made on the basis of competitive examination.

Article 80

Civil Service Commission

1. A Public Service Commission is instituted by a law that establishes its composition and its powers.
2. The law instituting the Public Service Commission guarantees the independence of its functions.

Article 81

Auditor General

1. The Auditor General exercises control over the legality of Government acts involving financial obligations and reviews the management of State budget.
2. The Auditor General oversees, in the manner specified by law, the financial management of agencies to which the State makes a substantial contribution.
3. The Auditor General reports the results of his control to the National Assembly.
4. The law regulates the organization of this authority and guarantees the independence of its functions; it ensures that the controlled organs and agencies have the right to formulate objections.

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CHAPTER NINE

THE JUDICIARY

Article 82

Judicial function

Judicial function is vested in the judiciary.

Article 83

Independence of the judiciary

The Judiciary is independent of the executive and legislative powers.

Article 84

Supreme Court of Justice

1. The Supreme Court is the highest judicial organ of the State of Eritrea. It has jurisdiction over the whole territory of the State in civil, penal, administrative and financial matters, and in any other matter specified by the Constitution and its derivative laws.
2. The rules concerning the organization of the Supreme Court, and the other judicial organs are established by law.

Article 85

Unity of the judicial system

1. No extraordinary or special judicial organs may be created.
2. Military tribunals are established only in times of war.
3. The people may participate directly in the courts in the manner prescribed by law.

Article 86

Judicial guarantees

1. In the exercise of their judicial functions, the judges are subject only to the law.
2. The rules concerning the status of the judiciary and the appointment of judges are established by law.
3. The judges are irremovable except in cases specified by law.
4. Judges do not hold office, perform services, or engage in activities incompatible with their functions.
5. Administrative Orders concerning judges are made, in accordance with the law, by decree of the President of the State of Eritrea, on the proposal of the Minister of Justice.

Article 87

Judicial procedure

1. Judicial proceedings are public, the judge may decide, for reasons of morality, health or public order, for proceedings to take place behind closed doors.
2. No judicial decision is taken unless all the parties have had an opportunity of presenting their arguments and defense.
3. Every judicial decision and measure concerning personal liberty specifies the reasons, and is subject to challenges, in accordance with the law.

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CHAPTER TEN

CONSTITUIONALITY OF LEGISLATIVE ACTS

PART ONE

Article 88

Constitutionality of laws

1. The laws of the State of Eritrea must confirm to provisions of the Constitution and to the general principles of democracy.
2. A question of Constitutional legality, in form or substance of law may be raised during judicial proceedings, at the request of the interested party, the Public Prosecutor or by the court – when a decision depends on the application of a disputed legislative provision.
3. If the request of the interested party or the Public Prosecutor is presented when the case is before a judge, the court suspends judgment and refers the case to the Supreme Court for a decision which is binding.
4. If the request is presented when the case is already before the Supreme Court, the court suspends judgment.
5. Judges are required to pay due attention to cases where questions of Constitutional legality is raised.

Article 89

Constitutional legality

Questions of Constitutional legality are decided by the Supreme Court of Justice.

Article 90

Unconstitutionality of law

A decision of the Supreme Court on the unconstitutionality of a law is communicated by the Court to the President of the State of Eritrea, the Prime Minister, and the Chairman of the National Assembly. The decisions are published in the manner prescribed by law.

Article 91

Rules governing the Supreme Court and Constitutional legality

1. The rules governing the Supreme Court and Constitutional legality proceedings are laid down by law.
2. The Court establishes its own rules of procedure for the hearings.

PART TWO

REVISION OF THE CONSTITUION

Article 92

Amendments and additions to the Constitution

1. Amendments and additions to the provisions of the Constitution are decided by the National Assembly, approved by an absolute majority of deputies.
2. Amendments and additions are not applied for the purpose of modifying the democratic form of the State or restricting the fundamental rights and freedoms of the citizen sanctioned by the Constitution.
3. Rules of amendment based upon a broad support in parliament, is essential in order to avoid the straight-jacket of a constitution by referendum.

Article 93

Bill of Rights and Acts of the National Assembly

1. The National Assembly shall pass a Bill that governs religious rights.
2. The National Assembly shall pass a Bill that governs nationality rights
3. The National Assembly shall pass a Bill that governs the federal structure of the State of Eritrea.
4. The National Assembly shall pass an Act that governs the laws of parliamentary procedure and the rules of the democratic game.

Article 94

Transitional Provisions

The armies of the Resistance Forces and the Eritrean Army shall be under the control of Transitional Assembly and Government.
The Transitional Government shall reorganize both military sectors into an Eritrean Army structured on the basis of national unity and democracy, as provided by the Transitional Constitution.
The Transitional Assembly shall establish organs and bodies and designate Commissioners accountable to the Transitional Assembly on the basis of the Transitional Constitution.

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Appendix

A member of the Drafting Committee proposed an addendum regarding the sovereignty of the Eritrean state: It has been included verbatim – please refer to the Arabic version.

Nota Bene:

The English version is the original to which the Tigrinya and Arabic translations shall refer to if matters of interpretations arise.

Transitional Draft Constitution of Eritrea

2010-11-14

Stockholm

Short URL: https://english.farajat.net/?p=5232

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Transitional draft constitution of Eritrea

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