Eritrea at a Crossroads by Andebrhan Welde Giorgis

Author:Andebrhan Welde Giorgis
Language: eng
Format: epub
Publisher: Strategic Book Publishing and Rights Co

10.1 Establishing a Constitutional State

The National Charter and the Constitution of Eritrea pledged the creation of a constitutional state and a democratic system of government founded on the rule of law. According to Proclamation 37/1993, No. 6 (Asmera, 19 May 1993), the ratification of the Constitution signalled the end of the transitional period and the advent of representative government. There was great anticipation that the timely application of the Constitution would inaugurate a new democratic dispensation and sanction the exercise of legitimate power based on the rule of law.

The Constitution of Eritrea, inter alia, determines the structure, defines the authority, enumerates the functions, and delimits the powers of the executive, legislative and judiciary branches of the government. It guarantees the fundamental freedoms, proclaims the basic rights, and specifies the national duties of the people and requires the state to safeguard them. The Constitution would to serve as the legal foundation of the Eritrean State, the repository of the sovereignty of the people, and the source of all legitimate authority. It vests supreme legislative power, including the issuance of proclamations, the promulgation of legislation on domestic and foreign policy, the ratification of international treaties and agreements, in the National Assembly.

The Constitution remains unimplemented, the National Assembly suspended, and the judiciary marginalised. The State operates in a legal vacuum, with no ‘compact’ between the government and the people. The absence of any semblance of a separation of powers and the entrenchment of an omnipotent executive have stripped the people of sovereign power and abetted the usurpation of the historic triumph of the Eritrean people. The Special Court has arrogated the powers of the High Court, 332 undercutting the ability of the courts to freely adjudicate criminal and civil cases and administer justice, jeopardising the safety of citizens, and condoning the abuse of their basic human rights. This has effectively reduced the government to a single overpowering presidency that dominates all political life, with unrestrained powers to use the state apparatus as an instrument of suppression. The purposeful obstruction of building viable state structures and functional institutions has allowed free rein to dictatorial decision-making.

The de facto suspension of the central council of the ruling People’s Front for Democracy and Justice (PFDJ) since September 2000 has closed the sole forum of internal consultation and conversation among the senior leadership of the Front. 333 Likewise, the de facto suspension of the National Assembly since October 2000 334 has nullified the role of the legislature in the governance process and denied the Eritrean people an essential voice in running the affairs of state. The consequent rise of the rule of men has exposed the people to the flagrant abuse of their rights, freedoms and dignity without recourse for redress.

The unwarranted and indefinite political detention of senior officials, journalists and prisoners of conscience constitutes a grave violation of basic human rights and the negation of the rule of law ( état de droits ). To the detriment of the State, the anguish of its people and the

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