Annex I

The Legal Path for Restoring Democracy & Rule of Law

Annex II

The Eritrean National Accord

DRAFT PROPSAL

We the undersigned agree and endorse this accord and pledge our commitment to abide by it as we firmly believe that it fully prescribes the only legal path for the restoration of Democracy and rule of law in Eritrea.

1. Upon the demise of the PFDJ, The Eritrean Interim Government shall be established  as a fully sovereign and independent caretaker government to govern Eritrea until the Eritrean Transitional Government is installed after the First Eritrean National Assembly is elected within a year after the removal of Isaias regime.

2. Pending the ratification of a permanent constitution, the Interim and Transitional Governments shall operate under the Provisional Harmonized Constitution.

3. The Eritrean Interim Government shall consist of the following:

a.       An Interim National Assembly, one fifth of whose members shall be drawn from the members of the group/power that brings about change and whose members must be signatories of this accord, and four fifth drawn from local administrators and community leaders.

b.       The executive branch shall consist of a President appointed by the group/power that brings about change and endorsement by the opposition umbrella organization, and a Vice President elected from the Interim National Assembly, and a Ministerial Cabinet formed by the President.

c.        An independent judiciary branch shall be headed by the Chief Justice of the Supreme Court who shall be appointed by the president and approved by the Interim National Assembly.

4. The duration of the Interim Government shall be one year. The Intern Government President, Ministerial Cabinet, Commissioners, and Chief Justice of the Supreme Court shall not be qualified to seek office or be appointed in any branches of the government at any level for at least for three years.

5. The Chief Justice shall preside over cases of those accused to be unfit to be members of the Interim Government because of alleged crimes committed against the Eritrean People.

6. Pursuant to the provision of Article 61 of the Provisional Harmonized Constitution, the Interim Government shall draft an electoral and political party formation and registration laws within first three months.

7. The First Eritrean National Assembly shall have the authority to repel all politically inspired laws and proclamation enacted to serve PFDJ and to amend the Provisional Harmonized Constitution, which shall be ratified to become a Permanent Constitution.

8. The Permanent Constitution shall be the source of legal sovereignty for the Permanent Government.

9. The Permanent Government shall be installed following the Second Eritrean National Assembly election to be held exactly two years after the removal of Isaias and his ruling PFDJ party.

10. Eritrea sovereignty shall not be interrupted by the removal of Isaias and his ruling party and by the successive change of governments from Interim, to Transitional, and to Permanent.

Annex III

Provisional Harmonized Constitution

Of the State of Eritrea

DRAFT PROPSAL

PREAMBLEWe the people of Eritrea united in a common struggle for our rights and common destiny, standing on the solid ground of unity and justice.With Eternal Gratitude to the scores of thousands of our martyrs who sacrificed their lives for the causes of our rights and independence, during the long and heroic struggle for liberation, and to the courage and steadfastness of our Eritrean patriots;

Aware that it is the sacred duty of all Eritreans to build a strong and developed Eritrea on the bases of freedom, unity, peace, stability and security achieved through the long struggle of all Eritreans, which tradition we must cherish, preserve and develop;

Realizing that in order to build a developed country, it is necessary that the unity and equality which we nurtured during our struggle for independence and which helped us to triumph, must become the core of our national values;

Appreciating the fact that for the development and health of our society, it is necessary that we inherit and improve upon the traditional community-based assistance.

Convinced that the recognition, protection and securing of the rights and freedoms of citizens, human dignity, equality will guarantee a balanced development; lay down the groundwork for satisfying the material and spiritual needs of citizens; usher in a democratic order that is responsive to the needs and interests of citizens, guarantees their participation and brings about economic development, social progress and harmony;

Noting the fact that the Eritrean women's heroic participation in the struggle for independence and solidarity based on equality and mutual respect generated by such struggle will serve as an unshakable foundation for our commitment and struggle to create a society in which women and men shall interact on the bases of mutual respect and equality;

Desirous of the satisfying the wishes and ensuring the welfare of the inhabitants of Eritrea by respecting the rights and safeguarding the institutions, traditions, religions and languages of all the elements of the population.

Determined to remedy all the effects of the divisive policies created by the former dictatorial regime of Eritrea by institutionalizing and promoting tolerance and reconciliation.

Desirous that the Constitution we are adopting will be a covenant between us and the government we will be structuring by our free will and serve as a means for governing in harmony this and the future generation; and for bringing about freedom, justice, and peace, founded on liberty, democracy, national unity and the rule of law; today ..., on this historic date, after active popular participation, approve and solemnly ratify officially, through the Constituent Assembly, this Constitution as the fundamental law of our Sovereign and Independent State of Eritrea.

CHAPTER I:  GENERAL PROVISIONS

Article 1: The State of Eritrea and its Territory

1.       Eritrea is a sovereign and independent State founded on the principles of liberty, democracy, social justice and the rule of law.

2.       The territory of Eritrea consists of all its territories, including the islands, territorial waters and airspace, delineated by internationally recognized boundaries including the Eritrean Ethiopian border as delineated by the EEBC decision of April 13, 2002 and the Eritrea Yemen Maritime Delimitation arbitrated by the Permanent Court of Arbitration decision of the October 9, 1998.

3.       In the State of Eritrea, sovereign power is vested in the people, who shall exercise such power through their representatives, duly elected pursuant to the procedures authorized by the provisions of this Constitution.

4.       The State that is to be established by a democratic process to represent the people's sovereignty shall have strong institutions, capable of accommodating people's participation and of serving as foundation of a viable democratic and political order.

5.       The government in Eritrea shall be a federal system whose powers shall be shared between the federal government and the regional state governments, which shall consist of Akele-Guzai, Barka, Dankalia, Gash-Setit, Hamasien, Sahel, Semhar, Senhit, and Seraye and the capital city of Asmera.

6.       The member states shall be based upon social and economic realities,   political pragmatism, historical and ancestral rights alone and not based on origin, race, ethnicity, nationality, or confession.

7.       The member states’ boundaries shall be that of the Administrative Districts of 1952 by adding the Asmera district.

Article 2: Supremacy of the Constitution

1.       This Constitution is the legal expression of the sovereignty of the Eritrean people.

2.       This Constitution enunciates the principles on which the State is to be based and guided by and determines the organization and operation of government. It is the source of government legitimacy and the guarantor for the protection of the rights, freedoms and dignity of citizens and of just administration.

3.       This Constitution is the supreme law of the country and the source of all laws of the State, and all laws, orders and acts contrary to its letter and spirit shall be null and void.

4.       All organs of the State, all public and private associations and institutions and all citizens shall be bound by and remain loyal to the Constitution and shall ensure its observance.

5.       Pursuant to the provisions of this Constitution and other laws, the conduct of the affairs of government and all organizations and institutions shall be accountable and transparent.

6.       This Constitution shall serve as a basis for instilling constitutional culture and for enlightening and ensuring that organizations of the State and citizens respect fundamental human rights and duties.

Article 3: Citizenship

1.       Any person born of an Eritrean father or mother is an Eritrean by birth.

2.       Any foreign citizen may acquire Eritrean citizenship pursuant to law.

3.       The details concerning citizenship shall be regulated by law.

Article 4: National Symbols

1.       The exact description of the Flag shall be determined by law.

2.       Eritrea shall have a National Anthem and a Coat of Arms appropriately reflecting the history and the aspiration of its people. The details of the National Anthem and the Coat of Arms shall be determined by law.

Article 5: Gender Reference

1.       Without consideration to the gender wording of any provision in this Constitution, all of its articles shall apply equally to both genders.

CHAPTER II NATIONAL OBJECTIVES AND DIRECTIVE PRINCIPLES

Article 6: National Unity and Stability

1.       As the people and government struggle to establish a united and developed Eritrea, within the context of the diversity of Eritrea, they shall be guided by the basic principle of unity in diversity.

2.       The State shall strengthen the stability and development of the country by encouraging democratic dialogue and national consensus through participation of all citizens; by building strong political, and cultural foundation; and by promoting national unity and social harmony.

3.       The State shall ensure peace and stability by establishing appropriate institutions that encourage people's participation and by creating the necessary conditions capable of guaranteeing, hastening and engendering equitable economic and social progress.

Article 7: Democratic Principles

1.       It is a fundamental principle of the State to guarantee its citizens broad and active participation in all political, economic, social and cultural life of the country.

2.       Any act that violates the human rights of women or limits or otherwise thwarts their role and participation is prohibited.

3.       There shall be established necessary institutions to encourage and develop people's participation and initiative in the areas where they reside.

4.       Pursuant to the provisions of this Constitution and laws enacted pursuant thereto, all Eritreans, without distinction, are guaranteed equal opportunity to participate in any positions of leadership in the country.

5.       The organization and operation of all political parties and public associations and movements shall be guided by the principle of national unity and democracy.

6.       The State shall create the necessary conditions for establishing a democratic, political culture defined by the development of free and critical thinking, tolerance and national consensus.

Article 8: Competent Justice System

1.       The justice system of Eritrea shall be independent, competent and accountable pursuant to the provisions of the Constitution and laws.

2.       Courts shall work under a judicial system that is capable of producing fast and equitable judgments and that can easily be understood by and is accessible to all the people.

3.       Judges shall be free from corruption or discrimination and, in rendering their judgment, they shall make no distinctions among persons.

4.       The State shall encourage out-of-court settlement of disputes through conciliation, mediation or arbitration.

Article 9: Competent Public Administration

1.       Eritrea shall have an efficient, effective and accountable public service.

2.       All administrative institutions shall be free from corruption, discrimination and delay in the delivery of services.

Article 10: Economic and Social Development

1.       The State shall endeavor to create opportunities to ensure the fulfillment of citizens' rights to social justice and the economic development and to fulfill their material and spiritual needs.

2.       The State shall work to bring about a balanced and sustainable development throughout the country, and shall use all available means to ensure all citizens to improve their livelihood in a sustainable manner, through their development.

3.       The State shall have the responsibility to regulate all land, water and natural resources and to ensure their management in a balanced and sustainable manner and in the interest of the present and future generations; and to create the right conditions for securing the participation of the people to safeguard the environment.

Article 11: National Culture

1.       The State shall have the responsibility of creating and maintaining the necessary conditions for enriching national culture, which is the expression of national identity and unity and progress of the Eritrean people.

2.       The State shall encourage the values of community solidarity and the love and respect of family.

3.       The State shall promote the development of arts, sport and science and technology and shall create an enabling environment for individuals to work in an atmosphere of freedom and manifest their creativity and innovation.

Article 12: National Defense and Security

1.       Defense and security forces of Eritrea shall owe allegiance to and defend the territorial integrity and sovereignty of the country, the Constitution and the government established pursuant thereto.

2.       Defense and security forces are an integral part of society, and shall be productive and respectful of the people.

3.       The defense and security of Eritrea are rooted on the people and on their active participation.

4.       The defense and security forces shall be subject and accountable to the law, shall be competent and pass these requirements for posterity.

Article 13: Foreign Policy

1.       The foreign policy of Eritrea is based on respect for the independence and sovereignty of countries and on promoting the interest of regional and international peace, cooperation, harmony and development.

CHAPTER III FUNDAMENTAL RIGHTS, FREEDOMS, AND DUTIES

Article 14: Equality under the Law

1.       All persons are equal before the law.

2.       No person may be discrimina