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E RITREA C ONSTITUTION

PREAMBLE

We the people of Eritrea, united in a common struggle for our rights and common
destiny, standing on the solid ground of unity and justice bequeathed by our martyrs
and combatants: 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 revolutionary 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;
Realising that in order to build a developed country, it is necessary that the unity,
equality, love for truth and justice, self-reliance, and hard work, which we nurtured
during our revolutionary 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 and fraternity, love for family, respect for elders, mutual respect and
consideration;

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, fraternity and equality;

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 justice and peace,
founded on 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.
C
HAPTER I G ENERAL PROVISIONS
Article 1 The State of Eritrea and its Territory
(1) Eritrea is a sovereign and independent State founded on the principles of
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 recognised boundaries.
(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
authorised 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 State of Eritrea shall
have a unitary government divided into units of local government The powers and
duties of these units shall be determined by law.
Article 2 Supremacy of the Constitution
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 organisation 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 orgnisations 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 organisations 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 and Languages
(1) The Eritrean Flag shall have green, red and blue colours with golden olive leaves
located at the centre. 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. (3) The equality of all Eritrean languages is
guaranteed.
Article 5 Gender Reference
Without consideration to the gender wording of any provision in this Constitution, all
of its articles shall apply equally to both genders.
C
HAPTER II N ATIONAL 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 Òunity 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, cultural
and moral 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 organisation and
operation of all political 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 endeavour 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 Defence and Security
(1) Defence 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) Defence and security forces are an
integral part of society, and shall be productive and respectful of the people. (3) The
defence and security of Eritrea are rooted on the people and on their active
participation. (4) The defence and security forces shall be subject and accountable to
the law, shall be competent and pass these requirements for posterity.
Article 13 Foreign Policy
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 F UNDAMENTAL RIGHTS , F REEDOMS , 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, colour, 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 labour not authorised 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 withi
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 judgement 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 Conscience, Religion, Expression of Opinion, Movement,
Assembly and Organisation
(1) Every person shall have the right to freedom of thought, conscience and belief. (2)
Every person shall have the freedom of speech and expression, which include
freedom of the press and other media. (3) Every citizen shall have the right of access
to information. (4) Every person shall have the freedom to practice any religion and to
manifest such practice. (5) All persons shall have the right to assemble and to
demonstrate together with others peaceably. (6) Every citizen shall have the right to
form organisations for political, social, economic and cultural ends; and to practice
any profession, or engage in any occupation or trade. (7) Every citizen shall have the
right to move freely throughout Eritrea or reside and settle in any part thereof. (8)
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 Right to Vote and to be a Candidate to an Elective Office
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 21 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
isadvantaged. (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.

Article 22 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 23 Right to Property
(1) Subject to the provisions of Sub-Article 2 of this Article, any citizen shall have the
right, any where 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) All land, water
and natural resources below and above the surface of the territory of Eritrea belongs
to the State. Usufruct rights of citizens shall be determined by law. (3) The State or
any of its organs authorised 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 24 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 25 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 26 Limitation Upon Fundamental Rights and Freedoms
(1) The fundamental rights and freedoms guaranteed under this Constitution may be
limited only in so far as is necessary in a just and democratic society 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 limitation of the
fundamental rights and freedoms guaranteed in this Constitution must:
a) be consistent with the principles of a just and democratic society; b) be of general
application and not negate the essential content of the right or freedom in question; c)
specify the ascertainable extent of such 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 27 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 a 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 ist 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 28 Enforcement of Fundamental Rights and Freedoms
(1) Save in so far as it may be authorised 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 29 Residual Rights
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 T HE NATIONAL ASSEMBLY
Article 30 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 31 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) Members of the National Assembly shall be elected by
direct and secret ballot by all citizens who are qualified to vote. (4) 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. (5) The
first session of the National Assembly shall be held within one month after a general
election and its term shall be five years 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. (6) The qualifications and election of the members of the
National Assembly and the conditions for vacating their seats shall be determined by
law.
Article 32 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 authorised by law enacted by the National Assembly, no person or
organisation 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 realise 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 authorise
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) The National Assembly shall
have the power to elect, from among its members, by absolute majority vote of all its
members, the President who shall serve for five years. (9) 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. (10) The National Assembly may
approve the appointment of any person or persons pursuant to this Constitution.
(11) 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.

Article 33 Approval of Draft Legislation
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 34 Chairman of the National Assembly
(1) In its first meeting, the National Assembly shall elect, by an absolute majority vote
of all ist members, a Chairman for five years. (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 35 Oath
Every member of the National Assembly shall take the following oath: “I, …, swear in
the name of the Eritrean martyrs 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 36 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 organisation, 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 37 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 38 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 flagrante delicto.
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 ist
committees or any utterance or statement made outside the National Assembly in
connection with his duty as member thereof. (4) The duties, responsibilities,
immunities and compensation of the members of the Nationa Assembly shall be
determined by law; and all members shall be entitled to the protection of such
immunities and shall perform the duties enumerated therein.
C
HAPTER V T HE EXECUTIVE
Article 39 The President: Head of State and Government
(1) The President of Eritrea is Head of State and Government and Commander-in-
Chief of the Armed Forces of Eritrea. (2) The executive authority is vested in the
President, and shall be exercised, in consultation with the Cabinet, pursuant to the
provisions of this Constitution. (3) The President shall ensure the respect of the
Constitution; the integrity of the State; the efficiency and effectiveness of the public
service; the interests and safety of all citizens, including the enjoyment of their
fundamental rights and freedoms recognised under this Constitution.
Article 40 Qualifications to be a Candidate to the Office of the President
Any member of the National Assembly to be elected President of Eritrea shall be a
citizen of Eritrea by birth.
Article 41 Election and Term of Office of the President
(1) The President shall be elected from amongst the members of the National
Assembly by a vote of the majority of its members. A candidate for the office of the
President must be nominated by at least 20 percent vote of all the members of the
National Assembly.
(2) The term of office of the President shall be five years, equal to the term of office
of the National Assembly that elects him. (3) No person shall be elected to hold office
of the President for more than two terms. (4) When the office of the President
becomes vacant due to death or resignation of the incumbent or due to the reasons
enumerated in Sub-Article 6 of this Article, the Chairman of the National Assembly
shall assume the office of the President. The Chairman shall serve as acting President
for not more than thirty days, during which time, the National Assembly shall elect
another President to serve the remaining term of his predecessor. (5) The term of
office of the person elected to serve as President under Sub-Article 4 of this Article

shall not be considered as a full term for purposes of Sub-Article 3 of this Article.
(6) The President may be removed from office by two-thirds majority vote of all
members of the National Assembly 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 President into ridicule,
contempt and disrepute; c) being incapable of performing the functions of his office
by reason of physical or mental incapacity. (7) The procedures for the election and
removal of the President from office shall be determined by law.
Article 42 Powers and Duties of the President
The President shall have the following powers and duties:
1. once every year, deliver a speech in the National Assembly on the state of the
country and the policies of his government; 2. subject to the provisions of Article 27
hereof, declare state of emergency, and when the defence of the country requires, state
of war; 3. summon the National Assembly to an emergency meeting and present his
views to it; 4. sign and publish in the Gazette of Eritrean Laws draft laws approved by
the National Assembly; 5. ensure the execution of laws and resolutions of the
National Assembly; 6. negotiate and sign international agreements and delegate such
power; 7. appoint with the approval of the National Assembly, ministers,
commissioners, the Auditor-General, head of the National Bank, the Chief Justice of
the Supreme Court and any other person or persons who are required by any other
provisions of this Constitution or other laws to be appointed by the President; 8.
appoint justices of the Supreme Court upon proposal of the Judicial Service
Commission and approval of the National Assembly; 9. appoint judges of the lower
courts upon proposal of the Judicial Service Commission; 10. appoint and receive
ambassadors and diplomatic representatives; 11. appoint high ranking members of the
Armed and the Security Forces; 12. pardon, grant amnesty or reprieve offenders; 13.
establish and dissolve such government ministries and departments necessary or
expedient for the good governance of Eritrea, in consultation with the Public Service
Administration; 14. preside over meetings of the Cabinet and coordinate its activities;
15. present legislative proposals to the National Assembly;
16. confer medals or other honours on citizens, residents and friends of Eritrea in
consultation with relevant persons and institutions; 17. pursuant to the provisions of
this Constitution, remove any person appointed by him.
Article 43 Immunity from Civil and Criminal Proceedings
Any person holding the office of the President may not be sued in any civil
proceedings or charged for a crime, save where such proceedings concern an act done
in his official capacity as President or proceedings involving Sub-Article 6(a) and (b)
of Article 41 hereof.
Article 44 Privileges to be Given to Former Presidents
Provisions shall be made by law for the privileges that shall be granted to former
Presidents.

Article 45 Oath
Upon his election, the President shall take the following oath: “I, …, swear in the
name of the Eritrean martyrs that I will uphold and defend the Constitution of Eritrea
and that I will strive with the best of my ability and conscience to serve the people of
Eritrea.”
Article 46 The Cabinet
(1) There shall be a ministerial Cabinet, which shall be presided by the President. (2)
The President may select ministers from among members of the National Assembly or
from among persons who are not members of the National Assembly. (3) The Cabinet
shall assist the President in:
a) directing, supervising and coordinating the affairs of government;b) conducting
study on and preparing the annual budget;c) conducting study and preparing draft
laws to be presented to the National Assembly;d) conducting study on and preparing
policies and plans of government.(4) The President may issue rules and regulations
for the organisation, functions and operation of his office, the Cabinet or other
government institutions, and for the code of ethics involving officials of the executive
branch of government.
Article 47 Ministerial Accountability
(1) All ministers shall be accountable:a) individually to the President for the
administration of their own ministries; and b) collectively to the National Assembly,
through the President, for the administration of the work of the Cabinet. (2) The
National Assembly or its committees may, through the Office of the President,
summon any minister to appear before them to question him concerning the policies
or operation of his ministry.
C
HAPTER VI T HE ADMINISTRATION OF JUSTICE
Article 48 The Judiciary
(1) The judicial power shall be vested in a Supreme Court and in such other lower
courts as shall be established by law and shall be exercised in the name of the people
pursuant to this Constitution and laws issued thereunder. (2) In exercising their
judicial power, courts shall be free from direction, control and supervision of any
person or authority. Judges shall be subject only to the law, to a judicial code of ethics
determined by law and to their conscience. (3) A person exercising judicial power
shall not be liable to any suit for any act or omission in the course of exercising that
judicial power. (4) All organs of the State shall accord to the courts such assistance as
they may require to protect their independence and dignity so that they may exercise
their judicial power appropriately and effectively pursuant to the provisions of this
Constitution and laws issued thereunder.

Article 49 The Supreme Court
(1) The Supreme Court shall be the court of last resort; and shall be presided by the
Chief Justice. (2) The Supreme Court shall have the power of: a) sole jurisdiction of
interpreting this Constitution and the constitutionality of any law enacted or any
measure undertaken by government; b) sole jurisdiction of hearing and adjudicating
upon charges against a President who has been impeached by the National Assembly
pursuant to the provisions of Sub-Article 6 (a) and (b) of Article 41 hereof; and c)
hearing and adjudicating cases appealed from lower courts pursuant to law. (3) the
organisation and operation of the Supreme Court shall be determined by law. (4) The
tenure of justices of the Supreme Court shall be determined by law.
Article 50 Lower Courts
The organisation, jurisdiction and the procedures of lower courts and the tenure of
their judges shall be determined by law.
Article 51 Oath
Every judge shall take the following oath: “I, …, swear in the name of the Eritrean
martyrs that I will adjudicate in accordance with the provisions of the Constitution
and laws enacted thereunder and I will exercise the judicial authority vested in me,
subject only to the law and my conscience, without seeking or being enticed by any
private gain.”
Article 52 Removal of Judges from Office
(1) A judge may be removed from office before the expiry of his tenure of office by
the President only, acting on the recommendation of the Judicial Service Commission,
pursuant to the provisions of Sub-Article 2 of this Article for physical or mental
incapacity, violation of the law or judicial code of ethics. (2) The Judicial Service
Commission shall investigate whether or not a judge should be removed from office
on grounds of those enumerated in Sub-Article 1 of this Article. In case the Judicial
Service Commission decides that a judge should be removed from office, it shall
present ist recommendation to the President. (3) The President may, on the
recommendation of the Judicial Service Commission, suspend from office a judge
who is under investigation.
Article 53 The Judicial Service Commission
(1) There shall be established a Judicial Service Commission, which shall be
responsible for submitting recommendations for the recruitment of judges and the
terms and conditions of their services.(2) The powers, organization and duties of the
Judicial Service Commission shall be determined by law.

CHAPTER VII M ISCELLANEOUS PROVISIONS
Article 54 Auditor General
(1) There shall be an Auditor General who audits the revenues and expenditures and
other financial operations of government and who reports annually his findings to the
National Assembly.(2) The Auditor General shall be appointed for five years by the
President with the approval of the National Assembly. He shall be accountable to the
National Assembly.(3) The detailed powers, duties and organisation of the Auditor
General shall be determined by law.
Article 55 National Bank
(1) There shall be a National Bank, which performs the functions of a central bank,
controls the financial institutions and manages the national currency.(2) The National
Bank shall have a Governor appointed by the President with the approval of the
National Assembly. There shall be a Board of Directors presided by the Governor and
whose members shall be appointed by the President.(3) The detailed powers, duties
and organisation of the National Bank shall be determined by law.
Article 56 Public Service Administration
(1) There shall be established a Public Service Administration, which shall be
responsible for recruitment and selection of civil servants as well as for determining
the terms and conditions of their employment including their rights and duties.(2) The
detailed powers, duties and organisation of the Public Service Administration shall be
determined by law.
Article 57 Electoral Commission
(1) There shall be established an Electoral Commission, operating independently ,
without interference, which shall, on the basis of the electoral law, ensure that free
and fair elections are held and manage their implementation; decide on issues raised
in the course of the electoral process; and formulate and implement civic educational
programmes relating to elections and other
democratic procedures.(2) An Electoral Commissioner shall be appointed by the
President with the approval of the National Assembly.(3) The detailed powers, duties
and orgnisation of the Electoral Commission shall be determined by law.
Article 58 Amendment of the Constitution
(1) A proposal for the amendment of any provision of this Constitution may be
initiated and tabled by the President or 50 percent of all the members of the National
Assembly.(2) Any provision of this Constitution may be amended as follows:a) where
the National Assembly by a three-quarters majority vote of all its members proposes
an amendment with reference to a specific Article of the Constitution tabled to be
amended; andb) where, one year after it has proposed such an amendment, the
National Assembly, after deliberation, approves again the same amendment by four-
fifths majority vote of all its members.