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The Constitution of Eritrea is the supreme law of Eritrea. It provides the legal foundation for the existence of the State and source of legal authority. It sets out the rights and duties of its citizens, and defines the structure of government. Despite its ratification by the legislature, the constitution has yet to be implemented as of 2023.[1][2]

Overview

In March 1994, the Provisional Government of Eritrea established a Constitutional Commission to draft a new constitution. The drafting authority was the transitional National Assembly, a body consisting of 75 members of the EPLF central committee and 75 representatives elected by regional assemblies.[3]

In 1995, a global symposium was held in Asmara for the writing of the Constitution of Eritrea. Eritrean representatives worked closely on the legislation with a number of international experts, including Somali scholars Ismail Ali Ismail and Said Sheikh Samatar. The following year, Ismail also helped train senior government officials in the Eritrean capital.[4]

After 27 months, the resulting constitution was introduced to the National Assembly in 1997.[3] The constitution was ratified. As of 2023, it had not been fully implemented, and general elections had not been held, despite the ratification of an election law in 2002.[5][6]

The Eritrean constitution calls for legislative, executive, and judicial branches of government. According to the constitution, a 150-seat unicameral legislature, the National Assembly, decides internal and external policy, approves the budget, and elects the president of the country. As of 2023, the National Assembly had not met since 2002, and legislative and executive powers are effectively held by President Isaias Afwerki.[5][6]

References

  1. ^ Human Rights Watch (2021-12-22), Eritrea: Events of 2021, retrieved 2022-02-04
  2. ^ Babiker, Mohamed Abdelsalam. "Situation of human rights in Eritrea Report of the Special Rapporteur on the situation of human rights in Eritrea" (PDF). reliefweb.int. UN General Assembly. Retrieved 16 December 2021.
  3. ^ a b Jennifer Widner (August 2005). "Eritrea 1997". Princeton University. Retrieved July 1, 2013.
  4. ^ Ismail, Ismail Ali (6 July 2005). "Ethiopia and Somalia: Missed Opportunities and Some Challenges". Wardheernews. Archived from the original on 17 July 2012. Retrieved 1 September 2014.
  5. ^ a b Country Profile: Eritrea (PDF). Library of Congress Federal Research Division (September 2005). Public Domain This article incorporates text from this source, which is in the public domain.
  6. ^ a b Plaut, Martin (2017-09-13). "Eritrea: a mafia state?". Review of African Political Economy. T&F. 44 (154): 662–672. doi:10.1080/03056244.2017.1374939. eISSN 1740-1720. ISSN 0305-6244. S2CID 158974839. Retrieved 2021-01-28.

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