• Eritrean citizenship can be acquired, maintained and lost in accordance to the law.
• No one born in Eritrea can be deprived of his or her Eritrean citizenship.
• No one can be deprived of his or her citizenship for political reasons.
• No citizen of the Eritrean Republic shall be deprived of citizenship except in such cases as they may be listed in the law and based on voluntary relinquishment.
• The Parliament may grant citizenship in special cases.
• The law shall regulate the right of asylum in the Federal Republic of Eritrea.

Article 4 National symbols and languages

( 1) The coat of arms, the flag and the anthem of the Federal Republic of Eritrea shall be determined by a law adopted by a two-thirds majority of the Parliament.

(2)The official languages of the Federal Republic of Eritrea shall be Arabic , Tigrinya and English.

(3) In accordance with the established practice in Eritrea, the languages spoken and written by the various population groups shall be permitted to be used in dealing with the public authorities, as well as for religious or educational purposes and for all forms of expression of ideas.

Article 5  Inherent Rights and Obligations

• The federal Republic of Eritrea acknowledges and recognisess that all individuals have the right to life, liberty and the pursuit of happiness , and to the enjooyment of the rewards of their activities; that all individuals are equal and entitled to equal rights, opportunities and protection under the law, and that all individuals have corresponding obligations to the Federal State and a general obligation of social responsbility to the people of the Federal Republic
• All citizens of the Federal Republic of Eritrea have equal social dignity, shall be equal before the law and share an equal right of access to political, social and economic opportunities irrespective of sex, race, colour, sexual orientation, language, traditions, creed, religion, political affiliation and belief, and social and personal status.
• The Federal Republic of Eritrea shall strive to respect and maintain all its international law obligations, and shal reject the use of war or international violence as a means to resolve international conflicts.
• The Federal Republic of Eritrea shall recognise and protect the application of traditional and customary rules consistent with the principles and provisions of this constitution.

Part 2 Fundamental Rights and freedoms

Article 6 Individual and Collective Rights

(1 )The constitution recognises fundamental rights and protects both in their individual and collective exercise.

(2 ) It gives the right to imply and establish institutions, adopt rules of conduct and regulate interests which are instrumental to the collective exercise of such rights.

( 3) All powers established and recognised under this constitution shall protect and nourish the exercise of these rights and respect and foster their collective exercise.

Article 7 Justice of Rights

(1 ) All rights and freedoms recognised and guaranteed under this constitution shall be justified to the fullest practical and reasonable extent

(2) In the case of violation of the rights and freedoms recognised and guaranteed under this constitution any aggrieved party shall be entitled to be heard by court of record on the basis of urgency  and , upon showing a prima facia violation of rights, shall be granted preliminary relief pending the final disposition of the case.

(3) The law may impose reasonable restrictions on the exercise of the rights set forth in this constitution to protect the rights of others and for compelling reasons of public interest.

( 4 ) The law must respect the essential content of the rights , and the limitation on the exercise of the right must not have the practical effect of preventing or deterring the free exercise of the rights in their reasonable manifestations

(  5 ) The physical and psychological integrity of any individual shall inviolable. No one shall be authorised to inflict any type of violence on another individual or to take a life. Capital punishment and any form of physical or psychological torture and punishment shall not be allowed.

( 6) No one shall be submitted to unusual or cruel punishment and all punishments shall aim at the personal and social rehabilitation of the person

(  7) During imprisonment juvenile delinquents shall be kept separate from other delinquents and so shall men from women.

( 8) Failure by public official to report any and all instances of physical  or psychological violence on a person deprived of his or her liberty shall be  a criminal offence.

Article 8 Freedom of Communication

• All persons shall be free to express and communicate their thoughts in private and in public, in oral, written, visual or any other fashion, and to establish institutions for such a purpose. All forms of censorship or limitation on the contents of such communications shall be prohibited
• Limitations on the contents of commercial speech may be imposed to guarantee the truth and the faireness of the representation made to consumers and to ensure fair competition, provided that there shall be no prohibition of comparative advertising.
• No one shall be compelled directly or indirectly to discuss or express his or her ideology, creed , religious belief, or political opinions.

Article 9 Freedom of religion

• Religious freedoms are recognised and shall be guaranteed. Everyone shall have the right to profess and promote his or her religion or belief , and to establish institutions and organise activities for this purpose.
• The Federal Republic of Eritrea shall not take any action supporting or endorsing any particular religious belief or confession or conditioning the exercise of religious freedom to any requirement, and promote conditions for the equal and free exercise of all religions and beliefs in the country.

Article 10  Liberty

• No one shall be deprived of his liberty without cause and due process of law. Unwarranted arrest and detention shall be allowed only on the basis of probable cause related to an offence punishable by imprisonment. Anyone arrested or detained shall be informed of his or her rights in a language that he or she understands, shall be informed of the reasons for the arrest and detention with an indication of the charges, and shall have a court hearing within 24 hours from the time his or her arrest, after which the detention may continue only court order based on factually confirmed allegations.
• Anyone detained or accused has the right to remain silent. Anyone detained or charged with an offence punishable by imprisonment has the right to consult counsel, and if he or she can not afford one the court shall appoint one at government expense. There shall be a right to counsel in any and all proceedings in which the accused participates.
• Detentions prior to sentencing shall be limited to cases established by law and shall not exceed 48 hours
• Anyone detained, arrested or condemned unlawfully shall have the right to be rehabilitated, to receive indemnification and other rights determined by law.
• Any government authority shall inform anyone who is the subject of an investigation for any reason.
• No one may be tried twice for the same conduct. No one shall be charged for a conduct which at the time was not an offence, nor shall a penalty be imposed exceeding that which was applicable at the time when the offence was committed. There shall be no analogical or retroactive interpretation of criminal law.
• Anyone has the right to a speedy, and open and public trial and to confront his or her accusers at trial. All trials shall be based on the accusatory principle and shall be subject to the right to appeal on the grounds of error of law.
• No one shall be removed from the authority of the judge with jurisdiction over the specific offence at the time of the offence was committed. There shall be no special or post facto judges. Any accused person has the right to be tried in an impartial, independent and competent court. Anyone shall be presumed not guilty until proven guilty.

Article 11 the right to travel and movement

• Everyone shall have the right to travel, move and reside within the States or outside the Federal Republic of Eritrea, No Government policy forcing the relocation of people shall be allowed.
• Any citizen of the Federal Republic shall have the right to take domicile in any part of the country.

Article 12 the right to privacy

• Everyone shall have the right to the protection of privacy, of his or her personal life, of his or her domicile, and to protection of hire or her personal dignity and reputation.
• All private communications and all aspects of private life shall be protected.
• Search and seizure may be allowed only on the basis of a warrant issued on the basis of confirmed allegations, and in the cases and with the guarantees established by the law. Personal search shall be allowed as an incident to a legitimate arrest and detention.
• Anyone has the right to access the information collected on him or her by the Government or privated data or information.

Article 13 Freedom of Media

• Anyone has the right to publish and distribute printed materials.
• The press and the media of mass communication shall have the right to inform the public on matters of public interest provided that they do not publish erroneous information as a result of gross professional negligence or malice.
• The media have the duty to rectify all erroneous information they publish which damages the reputation of others.

Article 13 The right to assemble and association

• Everyone has the right of peaceful assembly. No notice shall be required for assembly in a private place or in a place open to the public.
• For assembly in a public place prior notice shall be given to the competent authority which may prohibit the assembly only for reasonable apprehension of public security and safety.
• Everyone has the right to associate for any legal purpose. Associations pursuing directly or indirectly political purposes by any means of military training or association operating in para-military fashion shall be prohibited.

Article 14 Family Rights

• A man and woman have the right to join in marriage in accordance with the rituals and with assumption of the obligations and privileges of their choice.
• Both spouses shall have equal rights, obligations and dignity. Both parents have the responsibility for the upbringing, formation and education of the children.
• The law shall ensure that comparable rights and social protection shall be extended to children born outside wedlock. Both parents have the right and the duty to exercise joint custody of the children unless a court otherwise decides in the interest of the children and on the basis of the specific circumstances of the case.
• Both parents have the right to choose an acceptable formation and education for their children.
• All parents have the right to receive sexual education and family planning based on their own interests.

Article 15 Cultural and Traditional Rights

• Everyone shall have the right to enjoy, practice, profess , maintain and promote any culture, language, tradition or religion

Part 3 Political, Economic and Social Rights

        Chapter  1 Political Rights

Article 16 Right to vote

• All Citizens of 18 years or older shall have the right to vote. The vote shall be personal, secret, free and equal.
• The right to vote may be suspended by a judicial adjudication of incompetence, or by an irrevocable sentences for major crimes specified by the law
• The law recognises, and the Federal Republic of Eritrea shall facilitate, the exercise of the right to vote by citizens who are outside the country.

Article 17 Right to petition and to initiate Legislation

• Any citizen has the right to petition Parliament and any branch or level of government.
• A citizen’s legislative proposal signed by 2000 citizens may be submitted to Parliament

Article 18 Freedom of Information

• Any citizen has the right to access and receive any information or document possessed by all the government levels of the country, or their direct instrumentalities or of any of the commission or agencies established under this constitution, provided that such document or information is not privileged as established by law to protect privacy, commercial secrets or national or state security.
• The court shall have the power to examine in camera the information during the process of judicial review.

Article 19 The Right to form political parties

• The Citizens have the right to form political parties to participate in all levels of democratic life.
• No one shall be directly or indirectly compelled in any way to join a political party or shall be penalised for not belonging to one..
• Political parties shall ensure internal democracy in their organisation and operations.

Article 20 Freedom of Media of Mass Communication

• Anyone shall have the right to establish media of mass communication, including newspapers, cable, radio and television stations.
• The law shall regulate the rights of citizens and political parties to access media of mass communication under the control of the government or in situation of virtual hegemony or monopoly.

Chapter 2 Economic Rights

Article 21 Freedom of Free enterprise

• The right to free economic initiative and enterprise shall be recognised, protected and encouraged by all levels of Government in Eritrea.
• The Federal Government shall assist member states to business activities and provide other incentives to encourage access to economic opportunities.
• Eacg enterprise shall be free to choose and organise the means of the production as it bes sees fit within the limits set forth by the law to protect the public interest.
• Each State can perform contractual autonomy by means of legally enforceable contracts and by establishing legal entities carry out their purposes and objectives.
• Each Member State shall promote uniformity of their commercial and insolvency laws with those of other states and countries.
• The Governments either at local, state and federal shall not subject conduct to unreasonable or unnecessary licensing and permitting requirements. Permits and licenses shall be issued on the basis of objective and reasonable standards and criteria.
• No enterprise shall be acquired or conducted by the Governments of the Federal Republic of Eritrea either as monopoly or free competition enterprise, and no service shall be provided to the public unless so authorised by a law demonstrating a public need and the inadequacy of the private sector to satisfy such need with comparable efficiency and reliability. When these requirements no longer exist the enterprise or the service shall be privatised.

Article 22 Freedom of private property Rights

• Private property shall be guaranteed and protected. Limitations on the use and enjoyment of private property may be imposed so as to satisfy social, environmental and collective needs.
• The right to convey ones own property by contract or inheritance shall be protected subject to the reasonable exercise of the power of taxation.

Article 23  Property of the Governments

• The Governments of the Federal Republic may own property as private and public property. These properties can be held for the interest of the people. The law shall set forth the principles for the acquisition, administration and declassification of public property.
• The Governments at three levels shall publish a yearly report on the property owned by each government indicating their current and planned use and their maintenance and carrying costs.
• The governments in the Federal Republic may expropriate property for public necessity subject to the prompt of fair market value compensation.
• The governments of three levels shall recognise and protect communal property . Communal property shall be administered and regulated by traditional and customary Rules.
• All monopolies and practices and agreements in restraint of interstate trade, commerce and free market competition shall be prohibited.
• The Governments shall assist the farmers in encouraging productive agriculture, the socially just and responsible use and distribution of land and the access of citizens to land ownership, the governments shall promote agricultural co-operation and assist farmers on a cooperative basis.

Chapter 3  Social Rights

Article 24 The Right to Education

• All Citizens shall have the right to receive a basic education and professional training.
• The Federal Republic of Eritrea may set general standards to assist member States in determining the period and the minimum educational requirements for compulsory education.
• The Federal Republic shall support the citizens’ aspiration to higher education by means of scholarship and by promoting the highest standards of excellence in education.
• Both private and public schools shall ensure open and equal access to educational opportunities.
• Parents shall be entitled to participate in the administration and operation of their children’s schools.

Article 25 The Right to Works

• Everyone shall have the right to access any job opportunity for which he or sha is qualified.
• The Federal Republic shall assist member States to promote the full employment of all citizens.
• No one’s employment shall be terminated for political reasons or in violation of his or her constitutionality protected rights.
• Everyone shall have the right to receive a fair compensation for his or her work shall be entitled for 25-32 days paid vacation during the year and to a  payment for loss of employment.
• All workers shall be entitled to social security, pensions, invalidity and unemployment benefits as determined by law of the member States.

Article 26 Protection Rights for Women

• The Federal Republic shall operate to ensure that both federal and state law extend special protection to women in recognition of their function and condition in society.
• The Federal Republic shall assist the member States to guarantee maternity leave, to provide assistance to mothers in the work force and to ensure equal access of women to political, social and economic opportunities.

Article  27 The Right of Senior Citizens

• The Federal Republic shall assist the member States to promote the economic sufficiency of senior citizens and provide social services to assist them in relation to their housing, care health, cultural and leisure needs.

Article 28 The Right of the Youth

• The Federal Republic shall assist the member States to promote conditions for the free and effective participation by the youth in political , social, economic and cultural developments.

Article 29 The right to establish private schools

• Everyone shall have the right to establish private schools.
• Private schools shall have the power to determine their own curricula and syllabi within the general parameters set forth by the law of the member States and by the Federal Republic for the purposes of recognition and equipollence of degrees

Article 30 The Rights of Universities

• All public universities and institutes of higher education in the Federal Republic shall entitle to regulate their organisations and operations freely within the general parameters set forth by law of the member States.

Article 31 The Right for Health Care

• All citizens shall have the right to receive medical attention and care in case of need.
• The law of the member States shall determine the implementation of this right.
• The Federal Republic shall assist the member States to develop policies of prevention, treatment, rehabilitation and integration of those who are physically, sensorial and mentally handicapped, including those who are substance addicted.

Article 32 The Right for safe job conditions and housing

• The law shall ensure safe job conditions and shall provide special protection for women , minors and untrained labour.
• The Federal Republic shall assist the member States to promote conditions to ensure that all citizens have the possibility of living in a dignifying habitation and to facilitate the purchase of residence through credit facilitation and other programmes.
• All citizens have the right to receive shelter and shall have equal access to housing opportunities.

Article 33 The Freedom of Research, Arts and Teaching

• The freedom of scientific research, artistic expression in all its forms and teaching is recognised and shall be guaranteed.

Article 34 The Right to a Pleasant and Clean Environment

• The Federal Republic of Eritrea shall recognise the rights of present and future generations of citizens to live in and enjoy a pleasant and clean environment.
• The law shall determine the cases and the limits in which citizens may bring legal actions on behalf of the community against those who cause environmental damages.
• The Federal Republic shall assist the member States in protecting and promoting the quality of the human and natural environment, and may set forth environmental standards and criteria.

Article 35 Labour Rights

• Everyone shall have the freedom to form and join trade unions and employers’ associations.
• Member States shall respect and protect the right to strike but may limit its exercise in cases determined by their law for reasons of public security and safety.
• Labour organisations shall have the right to negotiate and execute collective bargaining agreements to be effective with force of law vis-à-vis the category of workers covered by their provisions, during these negotiations the labour organisation shall be represented on the basis of the number of their members.
• Trade unions shall have the right to conduct reasonable activities in the work place aimed at improving labour conditions.
• Member States may impose requirements on the trade unions only to ensure that they are organised and operate with full internal democracy.

Part 4 Obligations and Duties

Article  36 Allegiance to the Constitution

• All citizens shall have the duty to uphold this Constitution and live by the rule of law.
• All those who hold any of the offices provided for in this constitution shall take an oath or a solemn affirmation to uphold and defend this Constitution, obey the law and exercise their public functions with discipline and honour.

Article 37 Other Duties and Obligations

• All citizens have the duty to contribute to the common needs and to public expenditure by reasons of their resources.
• The tax system shall follow principles of progressive taxation, but shall not create disincentive for the production of wealth.
• The Governments of the Federal shall encourage voluntary charitable activities and other forms of expression of social solidarity.
• All citizens have the sacred duty to defend the territory of the Federal Republic of Eritrea from any external enemy and from any threat to the enjoyment of freedom, democracy and pluralism in the country.
• All capable citizens have the duty to contribute with their work and skills to the common development and growth of the country.
• All citizens have the duty to provide moral and financial support to their spouses, to educate their children and assist their parents when in need of care.

Part 5 The Power of the Federal , State and Local Governments

Chapter 1 The Federal Powers

Article 38 Exclusive Jurisdiction of the Federal Republic/ Government

• The Federal Republic of Eritrea shall have the power to exclusive legislative, administrative and judicial functions and powers in the following affairs:

• monetary system, foreign credits, exchange and convertibility
• general principles of legislation to co-ordinate the regulation of banking ,credit and insurance
• general principles of legislation to coordinate the regulation of environmental protection of national interests
• general principles of legislation to coordinate economic development and foster interstate commerce among the states
• general principles of legislation to coordinate the technical regulation of equipment of communication
• general principles of legislation of laws in treaty making with other countries
• legislation to provide negotiation and procedural coordination of the State’s policies with national policies and the policies of other states in the field of transportation, energy. Interstate and foreign commerce, economic development, consumer protection, banking and social welfare.
• nationality, immigration, emigration, alienage and the right of asylum
• foreign relations
• defence and security of the nation
• organisation and administration of the federal system of justice in the subject matters of federal prerogative
• admiralty and maritime law and regulations
• air transportation law and regulations
• protection of intellectual property rights
• external customs, tariffs , foreign trade and federal taxes
• legislation on weights and measures
• higher education
• emergency regulations
• regulation of natural and mineral resources
• federal electricity and water grid and water ways
• use of areas of exclusive economic influence
• other matters authorised by constitutional law

Article 39 The power of the State Government

• The State Government is responsible in the following matters:

• general principles of legislation of income, business and property taxation
• general principles of legislation of trade, agriculture, forestry and environmental protection
• general principles of legislation of health, primary and secondary education, roads and transport, animal resources, water resources , tourism and housing
• general principles of legislation for urban planning, land distribution, cultural and media planning, conduct of national censuses and supervision of the civil service
• each state has a constitutionally protected sphere of autonomy
• each state has the right to participate in decision making concerning their internal affairs
• each state has the right to have its own constitution in compliance with the federal republic constitution
• general principles of regulating its own police and security
• each state have the right of political checks upon federal treaty -making

Article 40 The power of the Local Government

(1) The Local government is responsible in the following matters:

• general principles of legislation of land distribution at village and municipal level
• general principles of legislation of environmental protection
• general principles of legislation water and animal resources preservation
• general principles of legislation of local taxation
• general principles of legislation of elementary schools and health centres

Article 41 Federal Power of Taxation

• The Federal Republic of Eritrea shall have the power to impose reasonable taxes and duties in the territory to support its functions under this constitution. In this exercise of this power the Federal Republic shall consult with the member
• The federal Republic shall ensure equal distribution among the member States on the basis of their population adjusted by compelling geographical and social considerations, to achieve this purpose , the Federal Republic will cooperate with the States on transfers and financial assistance.
• An independent Financial Equalization Commission shall be established to receive information from the Federal Government and the member States on the federal transfers to the memeber States.

Article 42 Position of the Member States in the Federation

• The Federal Republic of Eritrea recognizes and protects the sovereign right of the member States to democratically adopt state constitutions within the parameters set forth in this constitution.
• New member states may be created within the territory of the Federal Republic, provided that a new constitution for the one or more states to be created is approved by the absolute majority of all Eritreans who are citizens of the one or more states directly affected.

Chapter 2 The legislature

Article 43  The Parliament

• The Parliament consists two houses, a Federal Assembly and a Senate. The members of both houses are elected for a five year term. The Federal assembly represents the people of the Federal Republic, and the Senate represents the interests of the States
• Any citizen of twenty five years or older be elected to the National Assembly
• Any citizen thirty five years or older may be elected to the Senate
• No one shall be a member of both houses simultaneously, nor shall hold any other public office at the time of his or her qualification to office.
• The electoral law may determine additional cases of incompatibility and lack of qualification
• The members of the parliament shall disclose any employment or profession of whatever nature conducted during the time of their legislative office
• The parliament shall disclose potential conflicts of interests in relation to any activity of the house they belong to
• A conflict of interest shall disqualify a member parliament
• The Federal Assembly shall consist of 351 members each of whom shall be elected in one of the electorates into which the State shall be divided for the purpose of this election
• The Senate shall consist of,,,,,,,,,,,,, members for each member State elected on the basis of the constituency system
• The office of the members of Parliament terminates upon qualification of their successors
• The members of Parliament shall represent the interest of the people in its totality and complexity and shall not be deemed to be bound by any specific mandate

Parliament shall meet annually in one ordinary session from September to December

• Each house shall be summoned in session at any time by its President, any of its Vice Presidents, by the President of the Federal Republic or by any tenth of its members
• Parliament shall meet thirty days after the election of its members and shall proceed to verify the eligibility and qualification of its members
• All meetings of any house ( Federal Assembly and Senate ) of Parliament and any committee thereof are public and be broadcasted.
• In special cases, any house of Parliament or committee thereof may hold meetings behind closed doors. The reasons justifying the secrecy shall be confidentially disclosed to the Constitutional Court which may order that the meeting be public

Article 44 The Powers of parliament

• Parliament shall exercise the legislative power of the Federal Republic of Eritrea, approve its budgets, control the action of the Federal Government, ratify by law all international treaties of the Federal Republic and exercise the other powers granted by this constitution
• Each house shall establish its own rules, independently approve its own budget, and regulate the personnel. The rules and any amendment thereof shall be approved by absolute majority. The rules shall recognise and respect the role of the opposition and protect political minorities. The rules may limit but not prohibit reasonable filibustering
• Each house shall elect a President and two Vice Presidents for a two year term and shall assign its members to committees. Joint sessions of Parliament shall be presided over by the President of the National Assembly and shall be governed by its rules. The presidents shall exercise the administrative powers and police authority within their respective houses. All political parties shall be represented in the committees of each house
• Each house shall be validly in session when at least half of its members are present. Unless otherwise provided for in this constitution, all deliberations of any of the houses of parliament must be adopted by the majority of the members who are present
• Parliament shall adopt legislation to implement this constitution and to meet the needs, wants and aspirations of the people of the Federal Republic
• Parliament shall approve the budget and the year end financial statements of the Federal Republic.
• Parliament shall have the power to authorise the government to operate for more than three months with a provisory budget pending the approval of the budget. The law approving the budget shall not introduce additional taxes or expenses. Any law involving new or additional expenses shall indicate the source of revenue to cover them
• Each house in accordance with its rules shall have the power to oversee and control the public administration of the Federal Republic. The committees of each house shall have the power to hold hearings in relation to which they may compel the appearance of witnesses and the production of documents, and shall have the power to request any Minister or public official to appear, provide information, conduct research and produce reports
• Parliament shall have the power to elect commissioners, the Auditor – General, head of the National Bank , the Chief Justice of the Federal Supreme Court

Article 45 The Function of Legislation

• The legislative function shall be jointly exercised by both houses of Parliament
• Any member of each of the two houses shall have the power to introduce legislation
• The government shall have the power to introduce legislation in either or both houses
• Each legislative proposal shall be accompanied by a brief report
• Legislative proposals shall be assigned by the Rules Committee to one of the committees of the houses in which the proposal has been introduced
• The committee shall read any proposal , submit it to article by article vote and to a vote on the entire proposal, and send it to the full house for approval
• The full house shall read the proposal, submit it to article by article vote and to a vote on the entire proposal
• The legislative proposal approved in identical text by both houses shall be transmitted to the Governor for signature and promulgation
• The law shall be promulgated within ten days from the President’s signature and becomes effective ten days from its promulgation unless a shorter term is provided for by the law itself. All laws shall be published in an Official Gazette on the day of their promulgation
• All political parties shall be represented in the committees of each house
• Each house shall have the power to adopt rules of organisation and operation

Article 46 Privileges and immunities

• No member of Parliament shall sustain criminal or civil liability for the opinions expressed in connection with his or her office in or outside Parliament
• During the time of his or her mandate no member of Parliament shall be searched, detained or tried for any offence without the authorisation of the house to which he or she belongs
• The law shall determine the salary of the members of the Parliament

Chapter 3 The Executive

What type of Executive ? Parliamentarism, presidentialism and semi-presidentialism

Presidentialism

Article 47 election, term  and power of the President

• The President shall be elected by the majority of the votes cast in a state –wide constituency election
• The President shall be forty years or older and shall be elected for a five year term not renewable
• The President shall not hold any other public office or exercise any other trade or profession
• The President is the head of nation and represents the Federal Republic
• Appoint and receive ambassadors and diplomatic representatives
• Preside over the meetings of the Cabinet and co-ordinate its activities
• Present legislative proposals to the Federal Assembly
• Negotiate and sign international agreements
• Appoints ministers with the approval of the Federal Assembly
• Ensure the execution of laws and resolutions of the Federal Assembly
• Summon the Federal Assembly to an emergency meeting and present his views to it
• The President may be removed from office by two thirds majority vote of all members of Parliament 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 the President into ridicule, contempt and disrepute

C/ being incapable of performing the functions of his office by reason of physical or mental incapacity

• The procedures for the election and removal of the President from office shall be determined by law

Article 48 Immunity from civil and Criminal Proceedings

(1)Any person holding the office of the President may not be sued in any civil proceedings oor charged for a crime, except where such proceedings concern an act done in his official capacity as President or proceedings involving Sub –Article  12 (A ) and  ( B) of Article 47 above

Article 49 The Federal Government

• The Federal Government shall conduct all administrative functions authorised and all missions mandated by the law
• The Federal Government consists of the President and the Ministers; outside of the Parliament members
• The Ministers are nominated by the President. Within twenty days from its formation the Government shall be collectively confirmed by a vote of confidence of both houses of Parliament
• At any time and with five days’ prior notice to its members, any house of Parliament may adopt with a simple majority a resolution of no confidence, in which case the Government shall resign and a new Government shall be chosen and appointed by the President
• At any time and with ten days’ prior notice to its members, any of the houses of Parliament may adopt with a two –thirds majority of its members a no –confidence resolution causing the resignation of the President and fixing a date within forty days from the adaptation of the resolution for the election of a new President
• Any confidence or no-confidence resolution must be introduced by at least twenty percent of the members of the house( Senate or Assembly ) and must be accompanied by a report and shall be voted with personal calls
• The members of the Government are collectively responsible for the actions of the Government. Each Minister shall be individually responsible for the actions of his or her ministry
• The constitutional Court shall decide on the charges against the President or a minister authorised by the Senate and shall determine sanctions as it deems it appropriate
• The senate, by absolute majority of its members , may authorise that criminal charges be pressed against the President or a Minister for crimes committed in connection with the exercise of their functions
• The Government shall be organised by law in accordance with this constitution. Public Officials shall be held personally accountable for the actions of the offices under their direction. Each ministry or agency shall be held liable for damages caused by gross negligence or malice of government officials
• The law may establish independent regulatory agencies. These agencies work independently, they do not resign when the government expires or resigns. The Government and the responsible Ministers shall be accountable to Parliament for the actions and operations of the independent regulatory agencies. The law may extend to the people in charge of the agencies the same immunities set forth in this constitution for the members of the Government
• All actions of the Government and of the public administration are subject to judicial review for the violation of the law and improper use of discretionary powers
• The Federal Government is internationally responsible for the execution of treaties

Chapter 4 The Judiciary

Article 50 The Independence of the Judiciary

• The Judiciary shall have jurisdiction on cases or controversies which, when proposed, are based on the application of federal law and regulations
• Justice shall be administered in the name of the people of the Federal republic of Eritrea. Judges shall be subject to the law. They may not be removed from office without the authorisation of the Judicial Service Commission

Article 51 Judicial Service Commission

• The Judicial Service commission is the organ of self governance of the Judiciary. The Commission consists of an additional twenty members to be selected among judges, lawyers and advocates with at least ten years of professional experience and university law professors. Seven shall be elected by judges and prosecutors, six appointed by Parliament, three by the bar association, two by the Attorney General and two by the Civil Service commission, and they shall serve for one non-renewable five year term during which time they shall not exercise any other professional activity or hold other public office
• The Commission shall implement and administer the fundamental principles on the organisation of the judicial services set forth in a general law to be adopted by the Parliament. The Commission shall set forth and administer the rules on the selection by public competition and on the qualification of judges, the rules on transfers, promotions and assignments of judges, age limits, and the code of judicial conduct and responsibility to be enforced by the Commission. The Commission may receive and shall consider complaints and requests for disciplinary actions against the judges and prosecutors received from the Government and the general public.
• The Judicial Service Commission shall approve all appointments of exceptionally distinguished university law professors, lawyers and advocates to any level of the judgeship made by The Commission shall also determine qualifications, rules and procedures for the election of the judges of peace and honorary judges
• The Judicial Service Commission shall approve the rules adopted by any court to regulate the proceedings before it and the related administrative functions
• The Judicial Service Commission shall submit to Parliament a yearly budget, including proposed salary levels for all people working in the judicial services. As a part of its budget the Commission shall collect and administer for the benefit of the judicial service all taxes and duties levied in relation to the administration of justice as they are authorised by law. Any funds which have not been spent by the end of the fiscal year shall be carried over to the following year. The Commission may initiate legislation in matters related to the judiciary and judicial services

Article 52 The Federal Supreme Court

• The Federal Supreme Court shall guarantee the uniform interpretation of the law and shall be the court of appeal

Article 53 Specialised Courts

• During peace time military courts shall have jurisdiction only over military personnel on active duty
• Tribal, customary , and religious courts shall have concurrent jurisdiction over cases and controversies and customary law and religious rules respectively. The law of the member States shall identify and recognise such courts, and determine to which limited extent they may decide on incidental issues and matters not based on traditional and customary law or on religious rules
• There shall be no special or extraordinary tribunal or courts. Within the ordinary court system the Judicial Commission may create specialised sections for given subject matters, and may require the participation of qualified experts to the administration of justice in forms and manners determined by the law

Article 54 The Prosecutors

• The office of the Director of Public Prosecution shall be a distinct and separate part of the judiciary equally governed by the Judicial Service Commission
• The carrier and the roles of judgeship and prosecution are separatw and only in exceptional circumstances shall the Judicial Service Commission authorise a prosecutor to take the office of judge or vice versa.
• Prosecutors are entitled to the same guarantees, immunities and financial treatment as judges
• The prosecution of criminal offfences shall be mandatory
• The Director of the Public Prosecution shall submit a yearly report to the Judicial Service Commission on the cases which his or her office has not prosecuted because of special agreements with the suspected party or for other public interest reasons. The report may submit the names of the concerned parties

Chapter 5 Economic provisions

Article 55 Balanced Budget

• At the beginning of the fiscal year the Federal Govenment shall submit to parliament a balanced budget for approval.
• Parliament shall amend and modify any item or portion of the draft budget.
• The approved budget shall also indicate sources of revenues to cover the Federal State expenditure
• By a vote of two-thirds of its Parliament may authorise the Government to finance the budget by restoring to public debt. When seeking such authorisation the Government shall provide a report indicating the foreseeable sources of repayment of the public debt and the underlying economic assumptions. Any increment of the public debt shalll be so authorised.
• The budget shall divided in titles, sections and chapters. Any allocated funds which by the end of the fiscal year have not been spent shall be automatically carried over to the next year within the same budget chapter if it exists, or shall be transferred to the most closely related budget chapter if the same budget chapter no longer exists

Article 56 Banking

• The Federal Republic shall regulate banking to ensure harmony in the monetary policies set forth by the member states and to guarantee the strength and prosperity of the monetary and banking systems of the Federal Republic
• An autonomous Central Bank of the Federal Republic shall be established
• The President of the Central Bank shall be appointed by the Parliament
• The President of the Central Bank shall submit a yearly report to the Parliament on the monetary status of the Federal Republic and on the status of the banking system of the country
• The Central shall have regulatory powers on banking and credit , and shall be independent within the parameters of the law to use tolls of monetary intervention in the public interest
• The Central Bank shall have the power to determine its organisation and operation

Article 57 Privatisation Commission

• A Privatisation Commission shall be established to transfer to the private sector the enterprises which were under the control of the ruling party and government in conflict with the provisions of this constitution
• The Commission shall consist of eleven highly qualified and independent experts in economics, finance and business administration, four appointed by the Parliament, three appointed by the Federal Government and four appointed by the Chamber of Commerce
• The Privatisation Commission shall develop a privatisation plan to be submitted to Parliament for approval. The Commission shall adjust the implementation of the privatisation plan so as to best cope with changing economic circumstances, seeking the approval of Parliament when necessary
• The privatisation effort shall be balanced, shall maximise the economic efficiency and shall support economic growth
• The phases and the time frame of this effort shall be set in the privatisation plan. The Government shall implement the prisvariation plan
• The privatisation Commission shall monitor the implementation of the privatisation plan so as to ensure that the privatisation effort is completed in the absence of corruption, inefficiency, personal gains and governmental waste. Every six months the Commission will issue a report to Parliament
• The Privatisation Commission shall operate for ten years unless it resolves to dissolve itself prior to such date or is extended in office by resolution of Parliament

Chapter 6 Other powers of the Federal Republic

Article 58 The Independent Auditor General

• There shall be an independent Auditor General
• The Auditor General shall audit the financial activities of the Federal Republic, the Commissions, the independent regulatory agencies, and any enterprise , entity or instrumentality owned or controlled by the Federal Republic
• All administrative actions involving financial expenditure shall be subject to the preventive financial control of the Auditor general or his designees
• The law shall ensure the independence of the Auditor General and establish the Board of Federal Audits

Article 59 The Civil Service Commission

• The Civil Service Commission shall consist of 15 members, Three appointed by the Federal Government, five by the Parliament , two by the Judiciary Commission, two by the Chamber of Commerce and three by the representatives of the consumer groups registered with the Parliament and convened for this purpose by a Committee of Parliament
• The members of the Commission shall be qualified and independent experts on public administration, business management or regulatory processes
• The members shall not hold any other public office and prior to their appointemtn they may not undertake activities which may cause additional conflicts
• The members of the Commission will hold office for three years and may be reappointed. Their salaries are set forth by the law and shall not be inferior to the salary of a Director General of the State administration. The Commission proposes to Parliament its own budget
• The Civil Service Commission shall propose to Parliament legislation organising and maintaining all public offices of the Federal Republic including independent regulatory agencies, determining missions, competence, jurisdictions and responsibilities of each office
• The Federal Republic may submit proposed legislation to the Commission. Concerned interests may also submit proposals to the Commission
• The Commission shall oversee the operations of the public administration of the Federal Republic to ensure impartiality and efficiency, to prevent governmental waste, corruption, nepotism, inefficiency and dysfunctions, and to guarantee equal access by all citizens to the services and job opportunities offered by public offices
• The Commission shall investigate and report on complaints, concerning the operation of any administrative office in the Federal Republic, including police , defence force and prison service
• The Civil Service Commission shall identify requirements and qualifications for holding any given public office and supervise open competition to fill the posts. The Commission shall also develop and submit to the approval of the Federal Republic any affirmative action programme to be implemented within governmental structure
• The Civil Service Commission shall also develop, monitor and assist the adaptation and implementation by the federal offices and agencies of procedures accompanying the major administrative actions and all rule- making processes to solicit and ensure the participation and the input of the affected interests and of the public
• The Civil Service Commission shall prepare a yearly report on the status of the public administration expressing any applicable recommendation, and may provide testimony to Parliament and hearings held by the Government

Article 60 The Electoral Commission

• The Electoral commission shall consist of eleven members, three appointed by the Government, Four by the Parliament and four by the Judiciary Commission
• The members of the Commission shall be qualified and independent professionals
• The members may not hold any other public office and prior to their appointment shall disclose any possible conflict. After the appointment they may not undertake activities which may cause additional conflicts of interest
• The members of the Commission will hold office for three years and may be reappointed. Their salaries are set forth by the law and shall not be inferior to the salary of a Director General of the Federal Republic administration
• The Commission proposes to Parliament its own budget
• The Electoral commission shall organise and supervise the elections provided for in this constitution
• The Electoral Commission shall ensure the fairness of the political debate and the effective opportunity for all citizens to participate in the democratic process
• The Commission shall adopt rules to ensure fair campaigning and to prevent violence and intimidation, and shall have the power to summon and direct the Federal Republic police to ensure peace and order during the political campaign period, and during and immediately after the elections
• The Commission shall issue rules requiring all political parties and candidates to disclose sources and amounts of financing, rules setting limits to the financing received from any given source, and rules governing the conduct of political parties and candidates during the campaign period. All constitutions of political parties shall be deposited with the Commission
• The Commission may initiate legislation on electoral matters and shall administer and distribute any public financing to political parties and candidats provided for the legislation
• The Electoral commission may organise political debates and decide time allocation in government controlled media of mass communication. When necessary to ensure the fairness, impartiality and balance of the electoral process, the Commission may require private media of mass communication to publish statements or to provide coverage of given information
• The electoral Commission shall determine and update the boundaries of the electoral constituencies of the Federal Assembly. In doing so the Commission shall aim to ensure internal balance in each constituency and representation of the variety of social and cultural interests present in the Federal Republic. Each constituency shall aim to have the same number of electors
• The Electoral Commission administers the elections and announces the results
• The rules adopted by the Electoral Commission and its actions may be challenged before the Constitutional Court with an emergency procedure for violation of the principles of this constitution, or because arbitrary or capricious or inappropriate
• The head of the Electoral Commission is the president of the Supreme Court

Article 61 Regulatory Relief Commission

• The Regulatory Relief Commission shall consist of fifteen members, three appointed by the Federal Government, four by the Parliament, two by the Judiciary Commission, two by the Chamber of Commerce and four by representatives of the industry registered with the Parliament and convened for this purpose by a committee of Parliament
• The members of the Commission shall be qualified experts on public administration, business management or regulatory processes
• The Regulatory Relief Commission shall be empowered to request the repealing or amendment of burdensome, unnecessary or inadequate regulations and permit requirements adopted by Parliament, the Government and any independent regulatory agency. Any entity receiving such a request of the Commission shall reply within 20 days. If the Commission does not deem the reply to be satisfactory, it may introduce legislation in the appropriate legislature
• The Regulatory Relief commission may prepare reports of the regulatory matters expressing any applicable recommendations and may provide testimony in Parliament and hearings held by Governments, as required

Article 61 The Economic Development Commission

• The Economic Development Commission shall consist of 17 members, three appointed by the Federal government, five by the Senate, three by the Civil Service Commission, two by the Chamber of Commerce, two by representatives of consumer groups and two by representatives of the trade unions registered with Parliament and convened for this purpose by a committee of Parliament. The members of the Commission shall be qualified experts in economics , finance, business management and futurism
• The Economic Development Commission shall prepare a nation wide plan of economic development of the Federal Republic and assistance to business to be implemented through legislation and administrative activities of the Federal Republic
• The Commission may recommend actions to be taken by, and forms of assistance to be provided to the member States
• The Commission shall monitor the implementation of the plan as approved by the Federal Republic and recommend modifications and adjustments as necessary
• The Economic development Commission shall prepare and submit to a Parliament a yearly report on the status of the economy, and on foreseeable economic and technological trends at State, national and international level
• The Economic Development Commission may prepare or commission additional reports on economic and financial matters and may provide testimony in parliament and hearings hels by government , as required

Article 62 Environmental Commssion

• The Environmental Commission shall consist of 15 members, three appointed by the Federal government, four by the Parliament, two by the Judiciary Commission, two by the Chamber of Commerce and four by representatives of environmental groups registered with the Parliament and convened for this purpose by a committee of Parliament
• The members of the Commission shall be qualified experts on environmental sciences or social sciences
• The Commission shall investigate matters related to the protection of the natural and human environment, may introduce legislation at State and regional level to protect and enhance the quality of the natural and human environment , and may make recommendations to State and Regional departments of the Environment
• The Commission shall investigate and report on complaints concerning the improper utilisation of non-renewable natural resources, the degradation and destruction of ecosystems and the failure to protect the beauty and character of the State
• The Commission shall prepare a yearly report on the status of the environment in the Federal Republic expressing any applicable recommendations, and may provide testimony in Parliament and hearings held by Government, as required

Article 63 Consumer affairs Commission

• The Consumer affairs Commission shall consist of 13 members, two appointed by the Federal Government, three by Parliament, two by Judiciary Commission, two by the chamber of Commerce and four by representatives of consumer groups registered with Parliament and convened for this purpose by a committee of Parliament
• The members of the Commission shall be qualified experts on consumer protection, environmental problems or social sciences
• The Commission shall investigate matters related to the protection of consumers, and may introduce legislation at State and regional level to protect consumers. Of its own power the Commission may request that general terms and conditions of adhesion contracts be negotiated with and approved by the Commission as a condition of their validity and enforceability
• The Commission shall the power to determine the requirements for product labelling including product information and warnings
• The Commission may be delegated by the State or regional legislature to set prices and rates for services and products rendered in conditions of natural monopoly, any immediately adversely affected interest may seek judicial review of any decision of the Commission
• The Commission shall prepare a yearly report on the status of consumer protection expressing any applicable recommendations, and may provide testimony in parliament and in hearings held by government, as required

Article 64 Other powers

• Individuals and social , cultural , religious and political formations when exercising their powers or their autonomy within the freedom and liberties recognised and guaranteed by this constitution, shall have equal standing as the powers of the Federal republic

Article 65 Referendum

• Two hundred and fifty thousand citizens with voting rights shall have the power to call a referendum to repeal a law or a portion thereof
• The referendum shall be validly held if at least fifty percent of those entitled to vote participate
• The proposal shall be approved by the majority of the votes validly cast

Article 66 The Armed Foces

• The Armed Forces shall be organised by law adopted with two thirds majority of Parliament
• The law may require compulsory service in the armed forces when required by special and extraordinary circumstances
• The law shall ensure internal democracy in the Armed Forces indicating how the exercise of constitutional rights may be limited so as to be compatible with military dutes. The Armed Forces are subordinate to civilian rule and democracy
• The supreme command of the Armed Forces shall vest in the Supreme military Committee. The Supreme Committee shall be chaired by the Ministry of Defence and consists of five civil members appointed by Parliament in accordance with the law
• The Armed Forces may be divided in subdivisions under different commands
• Citizens of the Federal Republic may participate in the armed forces only on voluntary basis. In case of war or of authorised mobilisation the Federal republic may conduct military proscription through the militia or and may instruct the offices of the State milita as required

Article 67 Emergency Powers

• The President may declare an emergency in the Federal Republic or in determined areas of the federation. The declaration of Emergency shall provide a general indication of the type of emergency and shall indicate in general terms which powers and resources of the Federal Government, the member States and the local governments, or of the citizenry the President intends to employ to respond to the emergency, how such powers and resources are expected to be employed and for how long, and other measures and actions the President intends to undertake. Within twenty four hours the President shall summon Parliament to a joint session to ratify the Declaration of Emergency. Parliament may modify the Declaration of Emergency. If the emergency is susch that Parliament may not be summoned into session, the Declaration of Emergency shall be submitted to the Constitutional court for approval. Should this not be possible the Declaration of Emergency shall be submitted for approval to the President of the Constitutional Court or the President of the Senate or the President of Federal Assembly in this order
• The President shall modify the Declaration of Emergency to provide additional information, to detail the information previously provided and to report on the actions undertaken to respond to the emergency
• The Parliament or the Constitutional Court may terminate or modify the terms of the Declaration of Emergency at any time. The President may require that Parliament of the Constitutional court meets behind closed doors to discuss any matter related to the emergency, and that the contents of the Declaration of Emergency be kept secret
• Any action taken during a situation of emergency shall respect to the fullest extent possible under the circumstances the rights and liberties of the citizens of the Federal Republic recognised and guaranteed in this constitution

Chapter 7 Constitutional Guarantees

Article 68 Jurisdiction of the Constitutional Court

• The Constituional Court shall have original and exclusive jurisdiction in the following matters:

• review the constitutionality of the legislation of the Federal Republic
• provide a binding but general advice to any court of last resort or member States engaged in the interpretation or assessment of constitutionality or validity of federal law
• resolution of conflicts between federal and State legislation to be conducted in a fashion consistent with the provisions of the constitutions of member States
• resolution of conflicts between Federal Republic and the member States to be conducted in a fashion consistent with the provisions of the constitution of the member States
• resolution of conflicts between member States
• resolution of conflicts between powers of the Federal Republic criminal charges against the President and the Ministers
• verification of the democracy of the statutes of political parties
• othe matters as set forth in this constitution or in constitutional laws

Article 69 Composition and Operation of the Constitutional Court

• The Constitutional Court shall consist of fifteen members, three of whom shall be appointed by the President, six by Parliament with resolution supported by two thirds of the members of each house of Parliament, three by the Judicial Service Commission and three by the bar association
• The Justice of the Constitutional Court is chosen among lawyers and advocates with more than twenty years’ professional experience, university law professors with ten years of experience and higher court judges.
• The Justices are appointed for ten years running from the day on which they assume office. The Justices shall not hold any other public office or exercise any other profession in the State or anywhere in the Federal Republic of Eritrea, and may not be renewed for another term. Upon retirement the Justices shall not hold any public office in the Federal Republic
• The Constitutional Court may operate by committees of four or more Justices. The members of the Constitutional Court shall elect a Chief Justice for three year term. The Constitutional Court may adopt its own rules of organisation and operation consistent with this constitution and any applicable constitutional law. The law may not regulate any matter related to the Constitutional court. The Court may adopt rules to integrate its composition with additional members for the exercise of its jurisdiction on charges against the President and the Ministers. Such rules will determine the qualification, if any, of the additional members and their powers
• While members of the Constitutional Court, Justices are immune from any criminal prosecution. Justices may be impeached for any reason by a resolution adopted by three fourths of the members of both houses of Parliament. Their salaries are set forth by the law and shall not be inferior to the salary of a Minister. The Constitutional Court drafts and proposes to Parliament its own budget

Article 70 Access to the Constitutional Court

• Any issue of Constitutionality of laws , democracy of the statutes of political parties or validity and legitimacy of a collective bargaining agreement raised by any of the parties to a case or controversy before any court , which is not manifestly without foundation, shall be remanded to the Constitutional Court for resolution
• Political parties represented in parliament, the Ombudsman and other social, religious and cultural formations registered with the Constitutional Court in accordance with its rules, may commence an action to declare the unconstitutionality of laws. One hundred members of a political party may commence an action to review the democracy of their political party statute
• Any member State, the Federal Republic of Eritrea, the Ombudsman and any power of the Federal Republic may commence an action to resolve a conflict among government organisations
• Decisions of the Constitutional Court shall declare null and void any administrative action, or political party’s statute or collective bargaining agreement which are in violation of this constitution. The decision of the Constitutional court may also mandate the rule of resolution of a conflict among the government’s organisations and powers of the Federal Republic
• All decisions of the Constitutional Court shall have ergo omens retroactive effect and may provide rules to recognise rights meriting protection and which vested in good faith under norms declared null, void or ineffective

Article 71 Adherence to International Law

• For the maintenance of peace, the Federation may participate in a system of mutual collective security; in so doing it may agree to such limitations upon its sovereign powers as will bring about and secure a peaceful and lasting order in the region and among the peoples of the world
• For settlement of disputes between nations, the Federation will accede to agreements concerning a general, comprehensive and obligatory system of international arbitration

Article 72 The Ombudsman

• The Ombudsman shall be independent and subject only to this constitution and to the law
• No public official shall interfere with the exercise of the Ombudsman’s functions or shall refuse assistance as it may be needed
• The ombudsman’s salary are set forth by the law and shall not be inferior to the salary of a Minister
• The office of Ombudsman drafts and proposes to Parliament its own budget
• The Ombudsman shall either be a judge , a lawyer or an advocate
• The Ombudsman shall be appointed by the parliament on the recommendations of the Judicial Service Commission
• The Ombudsman shall hold office for a non-renewable six year term
• The functions of the Ombudsman include the investigation of the complaints concerning violations of rights and freedoms, abuse or use for political purposes of power, corruption and misappropriation of public monies, unfair, harsh, insensitive or discourteous treatment of anyone in the Federal Republic by a public official of any level of government, including but not limited to police, defence forces and prison personnel, manifest injustice, or conduct of a public official of any level of government which would properly be regarded as unlawful, oppressive or unfair
• The ombudsman shall have the power to take appropriate action to call for the remedying , correction and reversal of injustices and violations of laws and regulations through the most fair, proper and effective means, including:

• negotiation and compromise between the parties concerned,
• causing the complaint along with the Ombudsman’s findings to be reported to the superior of the offending party,
• referring the matter to the Director of Public Prosecution, with a recommendation,
• bringing proceedings in a competent Court for suitable remedies to secure the termination of the offending action or conduct, the compensation of the victims and/ or the modification of the offending procedures,
• bringing proceeding before the Constitutional Court to challenges the constitutionality of legislation, or before a court to challenge the validity of regulations,
• reviewing laws in force before the enactment of this constitution to ascertain their consistency with the principles and provisions of this constitution so as to make recommendations to the President and Parliament

• The Ombudsman shall have the power to compel the appearance of witnesses and the production of documents and records relevant to his or her investigation. The Ombudsman shall also have the power to cause anyone contemptuous of his or her subpoenas to be prosecuted before a competent Court
• The Ombudsman shall submit an annual report to Parliament on the exercise of his or her powers and functions
• The ombudsman may be removed from office before the end of his or her term by the President acting on the recommendations of the judicial service commission. The Ombudsman may be removed from office only on the grounds of mental incapacity or for gross misconduct. The Judicial Service Commission shall conduct the investigation and report to the President and Parliament
• The ombudsman shall empower assistant district ombudsmen who shall serve in decentralised offices on the basis of districts designated by the Ombudsman with the aim of maximizing the accessibility of the Ombudsman’s services and protection

Article 73 Amendment Procedures

• The Constitution may be amended by resolution adopted by two-thirds of the members of both houses of Parliament and ratified by the two-thirds majority of the member states expressed in popular referenda

Final and transitional provisions

Article 74  Fedrl Board of chiefs and Transitional Rulers

• A law adopted in consultation with the member states shall establish a Federal Board of Chiefs and transitional Rules as an autonomous entity with the power to determine its rules of organisation and operation
• The board should coordinate institutions within member States which represent and / or express Chiefs and Traditional Rules
• The Board may express recommendations to, and shall be consulted by any power of the Federal Republic in any matter affecting Chiefs and Traditional Rulers

Article 75 Adoption of this Constitution and General Elections

• The Constitution shall be adopted by two-thirds of the de jure or de facto representatives of the member States convened in a Convention as such or as multi-party negotiating convention and shall be ratified in nation wide referendum approving this constitution with at least fifty one percent of the votes validly cast
• The constitution shall com into force after 3months from the date of its ratification. Within 3 months from the ratification of this constitution the Transitional Electoral Commission shall set the date for, and call a general election to fill the electoral offices provided for in this constitution to be held no later than the last month of the third month from its ratification date
• The Transitional Electoral Commission shall determine the constituency for such election, prepare the electors’ lists and attend to all the other matters related to the election
• The Transitional Electoral Commission shall consist of eleven highly qualified individuals,  appointed by the de jure or de facto representatives of the member States convened in a Convention as such or as multi-party negotiating convention shall determine the composition of the Transitional Electoral Commission

Drafted by

The Eritrean Federal Democratic Movement for discussions and debate