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 discriminated against on account of race, ethnic origin, language, color, sex, religion, disability, political belief or opinion, or social or economic status or any other factors.

3.       The National Assembly shall, pursuant to the provisions of this Article, enact laws that can assist in eliminating inequalities existing in the Eritrean society.

Article 15: Right to Life and Liberty

1.       No person shall be deprived of life without due process of law.

2.       No person shall be deprived of liberty without due process of law.

Article 16: Right to Human Dignity

1.       The dignity of all persons shall be inviolable.

2.       No person shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.

3.       No person shall be held in slavery or servitude or required to perform forced labor not authorized by law.

Article 17: Arrest, Detention and Fair Trial

1.      No person may be arrested or detained save pursuant to due process of law.

2.      No person shall be tried or convicted for any act or omission which did not constitute a criminal offence at the time when it was committed.

3.      Every person arrested or detained shall be informed of the grounds for his arrest or detention and the rights he has in connection with his arrest or detention in a language he understands.

4.      Every person who is arrested and detained in custody shall be brought before the court within forty-eight (48) hours of his arrest, and if this is not reasonably possible, as soon as possible thereafter, and no such person shall be detained in custody beyond such period without the authority of the court.

5.      Every person shall have the right to petition the court for a Writ of Habeas Corpus. Where the arresting officer fails to bring him before the court of law and provide the reason for their arrest, the court shall accept the petition and order the release of the prisoner.

6.      Every person charged with an offence shall be entitled to a fair and public hearing by a court of law; provided, however, that such a court may exclude the press and/or the public from all or any part of the trial for reasons of morals, the public order or national security, as is necessary in a just and democratic society.

7.      A person charged with an offence shall be presumed to be innocent, and shall not be punished, unless he is found guilty by a court.

8.      Where an accused is convicted, he shall have the right to appeal. No person shall be liable to be tried again for any criminal offence on which judgment has been rendered.

Article 18: Right to Privacy

1.       Every person shall have the right to privacy.

2.       No person shall be subjected to unlawful search, including his home or other property; there shall be no unlawful entry of his premises and no unlawful seizure of his personal possessions; nor shall the privacy of his correspondence, communication or other property be violated.

Article 19: Freedom of Expression of Opinion, Movement, Assembly and Organization

1.       Every person shall have the freedom of speech and expression, which include freedom of the press and other media.

2.       Every citizen shall have the right of access to information.

3.       Every person shall have the freedom to practice any religion and to manifest such practice.

4.       All persons shall have the right to assemble and to demonstrate together with others peaceably.

5.       Every citizen shall have the right to form organizations for political, social, economic and cultural ends; and to practice any profession, or engage in any occupation or trade.

6.       Every citizen shall have the right to move freely throughout Eritrea or reside and settle in any part thereof.

7.       Every citizen shall have the right to leave and return to Eritrea and to be provided with passport or any other travel documents.

Article 20: Freedom of conscience and religion

1.       The right to freedom of conscience and religion shall include the right everyone, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 21: No discrimination to the detriment of any religion

1.       No economic, financial or political measure of a discriminatory nature shall be taken to the detriment of any religion practiced in Eritrea.                    

Article 22: Recognition of religious bodies As persons before the law

1.       Religious bodies of all kinds and religious orders shall be recognized as possessing juristic personality. Consequently, any religious denomination or any group of citizens belonging to such denomination shall be entitled;

a.       To establish and maintain institutions for religious, educational and charitable purposes;

b.       To conduct its own affairs in matters of religion;

c.        To possess and acquire movable and immovable property

d.       To administer its property and to enter into contracts.

Article 23: Religious instruction and worship in public school

1.       No pupil attending a public school shall be required to take part in any religious instruction at such school or attend any religious service at such school.

Article 23: Right to Vote and to be a Candidate to an Elective Office

1.       Every citizen who fulfills the requirements of the electoral law shall have the right to vote or to campaign to be elected to any office of leadership in government.

Article 24: Economic, Social and Cultural Rights and Responsibilities

1.       Every citizen shall have the right of equal access to publicly funded social services. The State shall endeavor, within the limit of its resources, to make available to all citizens health, education, cultural and other social services.

2.       The State shall secure, within available means, the social welfare of all citizens and particularly those disadvantaged.

3.       Every citizen shall have the right to engage freely in any economic activity and to pursue a livelihood.

4.       The State and society shall have the responsibility of identifying, preserving, developing, when necessary, and bequeathing to succeeding generation historical and cultural heritage; shall lay the necessary groundwork for the development of arts, sport, science and technology; and shall encourage citizens to participate in such endeavors.

5.       The National Assembly shall enact laws that guarantee and secure the social welfare of citizens and other rights and responsibilities listed in this Article.

CHAPTER IV: SPECIAL RIGHTS OF THE VARIOUS POPULATION GROUPS IN ERITREA

Article 25: Family

1.       The family is the natural and fundamental unit of society and is entitled to the protection and special care of the State and society.

2.       Men and women of full legal age shall have the right, upon their consent, to marry and to found a family freely, without any discrimination and they shall have equal rights and duties as to all family affairs.

3.       Parents have the right and duty to bring up their children with proper care and affection; and, in turn, children have the right and the duty to respect their parents and to sustain them in their old age.

Article 26: Personal statuses

1. All citizens shall have the right to respect for their customs and their own legislation governing personal status and legal capacity, the law of the family and the law of succession.

 Article 27: Properties right

1.       Any citizen shall have the right, anywhere in Eritrea, to acquire, own, and dispose of all property individually or in association with others and to bequeath to his heirs or legatees.

2.       Properties rights and rights of real nature, including those of State lands, established by custom or law and exercised in Eritrea by the tribes, the various population groups and by natural or legal persons, shall not be impaired by any law of a discriminatory nature.

3.       The State or any of its organs authorized by law may expropriate property in the national or public interest, subject to the payment of just compensation and in accordance with due process of law.

 Article 28: Languages

1. Tigrigna and Arabic shall be the official languages of Eritrea.

2. In accordance with established practice in Eritrea, the equality of  languages spoken and written by the various population groups shall be guaranteed  and 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 28: Administrative Justice

1.      Any person with a complaint shall have the right to be heard respectfully by administrative officials and to receive appropriate and quick answer from them.

2.      Any person whose rights or interests are interfered with or threatened shall have the right to seek due administrative redress.

Article 29: Duties of Citizens

All citizens shall have the duty to:

1.      owe allegiance to Eritrea, strive for its development and promote its prosperity;

2.      be ready to defend the country;

3.      complete one's duty in the National Service;

4.      advance national unity and the well-being of the people;

5.      know, respect and defend the Constitution;

6.      respect the rights and freedoms of others;

7.      respect the rule of law and comply with the requirements of the law.

Article 30: Temporary Limitation Upon Fundamental Rights and Freedoms

1.      The fundamental rights and freedoms guaranteed under this Constitution may be temporarily limited only in so far as is necessary in the interests of national security, public safety or the economic well-being of the country, health or morals, for the prevention of public disorder or crime or for the protection of the rights and freedoms of others.

2.      Any law providing for the temporary limitation of the fundamental rights and freedoms guaranteed in this Constitution must:

a)      be of general application and not negate the essential content of the right or freedom in question;

b)      specify the ascertainable extent of such temporary limitation and identify the Article or Articles hereof on which authority to enact such limitation is claimed to rest.

3.      Notwithstanding the provisions of Sub-Article 1 of this Article and other Articles of this Constitution to the contrary, the fundamental rights and freedoms guaranteed under Articles 14 (1) and (2), 17 (2), 19 (4) of this Constitution shall not be limited.

Article 31: State of Emergency

1.      At a time when public safety or the security or stability of the State is threatened by external invasion, by civil disorder or by natural disaster, the President may by a proclamation published in the Gazette of Eritrean Laws declare that a state of emergency exists in Eritrea or any part thereof.

2.      A declaration under Sub-Article 1 hereof shall not become effective unless approved by a resolution passed by two-thirds majority votes of all members of the National Assembly. In the case of a declaration made when the National Assembly is session, the declaration shall be presented within two days after its publication, or otherwise the National Assembly shall be summoned to meet and approve the publication within thirty days of its declaration.

3.      A declaration approved by the National Assembly pursuant to Sub-Article 2 hereof shall continue to be in force until the expiration of a period of six months after such approval. The National Assembly may, by a resolution of two-thirds majority votes of all its members, extend its approval of the declaration for periods of three months at a time.

4.      The National Assembly may by resolution at any time revoke a declaration approved by it pursuant to the provisions of this Article.

5.      Any measures undertaken or laws enacted pursuant to a declaration of a state of emergency shall not: a) suspend Article 26 (3) of the Constitution; b) grant pardon or amnesty to any person or persons who, acting under the authority of the State, have committed illegal acts; or c) introduce martial law when no external invasion exists or civil disorder prevails.

Article 32: Enforcement of Fundamental Rights and Freedoms

1.      Save in so far as it may be authorized to do so by this Constitution, the National Assembly or any subordinate legislative authority shall not make any law, and the Executive and the agencies of government shall not take any action which abolishes or abridges the fundamental rights and freedoms conferred by this Constitution. Any law or action in violation thereof shall be null and void.

2.      Aggrieved persons who claim that a fundamental right or freedom guaranteed by this Constitution has been denied or violated shall be entitled to approach a competent court to enforce or protect such a right or freedom. Where the court ascertains that such fundamental right or freedom has been denied or violated, the court shall have the power to make all such orders as shall be necessary to secure such applicants the enjoyment of such fundamental right or freedom, and where such applicants suffer damage, to include an award of monetary compensation.

Article 33: Residual Rights

1.      The rights enumerated in this Chapter shall not preclude other rights which ensue from the spirit of this Constitution and the principles of a society based on social justice, democracy and the rule of law.

CHAPTER IV: THE NATIONAL ASSEMBLY

Article 33 Representation of the People

1.      Any Eritrean citizen, of eighteen years of age or more, shall have the right to vote.

2.      The National Assembly shall enact an electoral law, which shall prescribe for and ensure the representation and participation of the Eritrean people.

Article 34: Establishment and Duration of the National Assembly

1.      There shall be a National Assembly which shall be a supreme representative and legislative body.

2.      The National Assembly shall be composed of representatives elected by the people.

3.      The assembly shall be composed of not less than fifty and not more than seventy members.

4.      Within the limits prescribed in the preceding paragraph, the number of members shall be fixed by law.

5.      Members shall be eligible for re-election only once.

6.      Members of the National Assembly shall be elected by personal, direct, and secret ballot by all citizens who are qualified to vote.

7.      Members of the National Assembly are representatives of the Eritrean peoples  as a whole. In discharging their duties, they are governed by the objectives and principles of the Constitution, the interest of the people and the country and their conscience.

8.      The first session of the National Assembly shall be held within one month after a general election and its term shall be one year from the date of such first session. Where there exists a state of emergency which would prevent a normal general election from being held, the National Assembly may, by resolution supported by not less than two-thirds vote of all its members, extend the life of the National Assembly for a period not exceeding six months.

9.      The qualifications and election of the members of the National Assembly and the conditions for vacating their seats shall be determined by law.

Article 35: Powers and Duties of the National Assembly

1.      Pursuant to the provisions of this Constitution:

a)       The National Assembly shall have the power to enact laws and pass resolutions for the peace, stability, development and good governance of Eritrea;

b)       Unless, pursuant to the provisions of this Constitution or authorized by law enacted by the National Assembly, no person or organization shall have the power to make having the force of law.

2.       The National Assembly shall be bound by the objectives and principles of the Constitution, and shall strive to realize the objectives stated therein.

3.       The National Assembly shall approve the national budget and enact tax law.

4.       The National Assembly shall ratify international agreements by law.

5.       The National Assembly shall authorize government to borrow money pursuant to law.

6.       The National Assembly shall approve a state of peace, war or national emergency.

7.       The National Assembly shall have the power to oversee the execution of laws.

8.       In the interim period, the power that brings change shall  appoint a President who shall serve for one year and shall not be qualified to seek office or be appointed in any branches of the government at any level for at least for three year

9.       In the interim period, the National Assembly shall have the power to elect, from among its members, by absolute majority vote of all its members, a Vice President who shall serve for one year and shall  not be qualified to seek office or be appointed in any branches of the government at any level for at least for three year

10.    In the transition period, the National Assembly shall have the power to elect, from among its members, by absolute majority vote of all its members, the President and a Vice President who shall serve for one year and shall not be qualified to seek office or be appointed in any branches of the government at any level for at least for three year 

11.    Pursuant to the provisions of Sub-Article 6(a) and (b) of Article 41 hereof, the National Assembly, by a vote of two-thirds majority of all its members, shall have the power to impeach and charge the President before the end of his term of office.

12.    The National Assembly may approve the appointment of any person or persons pursuant to this Constitution.

13.    The National Assembly may pass such resolutions and undertake such measures as are necessary and establish such standing or ad hoc committees as it deems appropriate for discharging its constitutional responsibilities.

14.    The National Assembly may summon the president to its meetings during which members of the National Assembly may submit questions in writing or questions the President, which he shall reply.

15.    The National Assembly meetings minutes will be public available and its deliberation shall be televised live.

16.    At the request of ten members of the National Assembly, a debate may be held on the President’s policy.

 Article 36: Approval of Draft Legislation

1. Any draft law approved by the National Assembly shall be transmitted to the President who, within thirty days, shall sign and have it published in the Gazette of Eritrean Laws.

Article 37: Chairman of the National Assembly

1.       In its first meeting, the National Assembly shall elect, by an absolute majority vote of all its members, a Chairman for one year.

2.       The Chairman of the National Assembly shall convene session of the National Assembly and preside at its meetings, and shall, during the recess, coordinate and supervise the operations of standing and ad hoc committees of the National Assembly.

3.       The Chairman of the National Assembly may be replaced by an absolute majority vote of all the members of the National Assembly.

Article 38: Oath

Every member of the National Assembly shall take the following oath: "I, ..., solemnly swear that I will be faithful and worthy of the trust the Eritrean people placed on me; that I will uphold and defend the Constitution of Eritrea; and that I will endeavor to the best of my ability and conscience for the unity and development of my country without seeking or being enticed by private gain."

Article 39 Rules of Procedure in the National Assembly

1.       The National Assembly shall have regular session and shall determine the timing and duration of its regular session.

2.       At the request of the President, its Chairman or one-third of all its members, the National Assembly shall have emergency meeting.

3.       The quorum of the National Assembly shall be fifty percent of all the members of the National Assembly.

4.       Except as otherwise prescribed by this Constitution or other laws, any question proposed for decision of the National Assembly shall be determined by a majority vote of those present and voting, and in case of a tie of votes, the Chairman may exercise a casting vote.

5.       The National Assembly shall issue rules and regulations concerning its organization, tasks, operations and internal processes and those of the standing and ad hoc committees, including the rules governing the code of ethics of its members and transparency of its operations.

Article 40: Office and Committees of the National Assembly

1.       The National Assembly shall have a secretariat under the direction of its Chairman and committees for various fields of interest, as circumstance may dictate.

2.       The various committees established pursuant to the provisions of Sub-Article 1 of this Article shall have the power to call any person to appear before them to give evidence or to submit documents.

Article 41: Duties, Immunities and Privileges of Members of the National Assembly

1.       All members of the National Assembly shall maintain the high image of the National Assembly. They shall regard themselves as humble servants of the people and maintain close contact with them.

2.       No member of the National Assembly or of its committees may be arrested or charged for any crimes he commits during the session of the National Assembly, unless he be apprehended in flagrant violation. Nevertheless, where the National Assembly, by a majority vote of those present and voting, revokes his immunity, the member may be charged.

3.       No member of the National Assembly may be arrested or charged for words uttered or written statements submitted by him at any meeting of the National Assembly or any meeting of its committees or any utterance or statement made outside the National Assembly in connection with his duty as member thereof.

4.       The duties, responsibilities, immunitie