American University University Honors in International Relations Advisor: Barbara Wien, School of International Service Spring 2014
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Table of Contents Abstract....3 Introduction..3 Literature Review: Theories Surrounding Nonviolence..3 Overview of the Conflict in Eritrea...19 Analysis of the Sources of Power for the Eritrean Government....25 What a Nonviolent Movement Would Look Like in an Eritrean Context29 Moving Forward....................36 Bibliography......38 Appendix: Eritrean 1997 Constitution...41
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Abstract
A recent study by Erica Chenoweth and Maria J. Stephan has found that nonviolent movements are more successful than their violent counterparts. In light of this discovery, this paper aims to design an effective nonviolent campaign for the Eritrean people to successfully undermine the oppressive Afwerki regime, using Gene Sharps theories on nonviolence as a means of analysis.
Introduction Nonviolent revolutions have proven successful in resisting oppressive governments and bringing about social change; in fact, a new study by Maria J. Stephan and Erica Chenoweth found that nonviolent movements are more likely to be successful than their violent counterparts for a number of reasons, including, but not limited to, gaining international sympathy and encouraging defection of the opponents army or followers 1 . This paper analyzes the current realities in Eritrea using Gene Sharps theories on nonviolence and then designs a nonviolent movement for the Eritrean people against their government, currently led by President Isaias Afwerki and the Peoples Front for Democracy and Justice (PFDJ). In order to design an effective nonviolent movement, however, one must first understand the theories surrounding nonviolence, the Eritrean conflict in its historical context, and the Eritrean governments sources of power. Literature Review: Theories Surrounding Nonviolence Introduction: Throughout history, peoples have demonstrated their objection to injustices by using nonviolent methods, and several scholars have documented the effectiveness of civil resistance in combating oppressive regimes and bringing about widespread social change. Far from
1 Erica Chenoweth and Maria J. Stephans Why Civil Resistance Works: The Strategic Logic of Nonviolence in International Security, 2008 4
passivity and surrender usually associated with peacefulness, nonviolent direct action movements are instead a method of turning the tables on ruling elites and deflecting their violent repression back onto them in what is known as political or moral jiu jitsu. 2 While military and political power is most often derived from coercion and brutality, nonviolence seeks to interrupt endless cycles of revenge, and change the dynamics of power relationships. 3
In order to understand the theory surrounding nonviolence as a means of resistance, this section provides a concise explanation of theories on how and why nonviolent movements work as well as highlighting the recent scholarly research conducted by Erica Chenoweth and Maria J. Stephan, which prove that nonviolent movements are generally more likely to be successful than their violent counterparts in almost every situation. Power and Struggle: This proposal analyzes the potential effectiveness of a nonviolent movement against the Eritrean government by adopting the strategies proposed by Gene Sharp in his short book How Nonviolent Struggle Works. In creating a nonviolent movement, it is critical to understand the governments sources of power. 4
There are two schools of thought regarding power. The first is the monolithic view of power, which states that power derives from those on high, with government officials, and ruling elites (corporate, military, and official) , making it difficult to compromise or destroy. The second school of thought is the social view of people power, which states that citizens give their power to a government or corporation through our consumer purchases and consent and
2 Gene Sharps How Nonviolent Struggle Works, 2013. p. 111-120 3 Barbara Wiens chapter The Promise of Nonviolence, a New Stage in Human Evolution in the Peace Paradigms textbook, 2012 4 Gene Sharps How Nonviolent Struggle Works, 2013. 5
cooperation, which can be withdrawn. 5 This paper operates under the assumption, as does Gene Sharp, of a social view of power. Gene Sharp outlines six sources of power for governments. A government often derives power from multiple, if not all, of the sources, however, each of these sources remains contingent upon societal cooperation; they are not intrinsic. The six sources of power are as follows: Authority/Legitimacy: The people must voluntarily accept that a system is valid and that they should obey it Human Resources: The number of people who actively support a system passively agree with it, and support it in a variety of ways Skills and Knowledge: If the human capital that supports a system or government has considerable skills and knowledge, the government will have more power than if its supporters were unskilled Intangible factors: Psychological, religious, or ideological tendencies, or a cultural tendency to be submissive all affect a governments level of power Material resources: The degree to which a government, corporation or system controls land, the nations economic system, and financial resources Sanctions: sanctions may be violent or nonviolent. They may be punishments or deterrents, and they exist to discourage disobedience rather than to achieve the objective of the original command 6
Some people still choose to obey systems which are unjust or cruel. Gene Sharp outlines seven reasons why people choose to obey. The seven reasons are as follows: (1) Habit, (2) Fear
5 Barbara Wien, The Promise of Nonviolence 6 Gene Sharp, How Nonviolent Struggle Works 6
of sanctions, (3) Moral obligations, (4) Self-interest, (5) Psychological identification with the rulers, (6) Indifference, and (7) Absence of self-confidence among subjects. 7
In the context of Eritrea, I believe that the most important factors as to why the Eritrean citizens continue to comply with the Afwerki regime are fear of sanctions, self-interest, and moral obligations. In order to create an effective nonviolent movement, it is imperative to address these factors from the start. I will elaborate more on this concept in the following section of the paper: What a Nonviolent Movement Would Look Like in an Eritrean Context. Defining Nonviolence: Nonviolent movements are anything but passive. They require direct action or withdrawal of cooperation, demand exceptional discipline and coordination, and sometimes result in the loss of ones safety, security, or freedom, requiring unwavering commitment to the cause. 8
Nonviolence can be defined as a principle, a moral philosophy, a political strategy, a methodology, and a way of life for- 1) Resolving conflict, 2) Resisting humiliation and injustice, and 3) Building a new social order without bloodshed or harm. 9
It is usually associated with revolutionary change. It is also an academic discipline, and an energy field more intense than war. 10
For the context of this paper, we will define a nonviolent movement as a collective action or inaction that operates outside of an established legal framework which aims to bring about
7 Gene Sharp, How Nonviolent Struggle Works 8 Barbara Wiens The Promise of Nonviolence 9 Michael True, The Tradition of Nonviolence in America, lecture, Peace Abby, Worcester MA, 2010 10 Denise Levertov Making Peace in Michael True, An Energy Field more Intense than War: The Nonviolent Tradition and American Literature (NY: Syracuse University Press), 1995. 7
social, political, or economic change and a central tenet of the movement is a commitment to actively abstain from violence. There are many tactics available for use in a nonviolent movement. These tactics are generally divided into three main categories: protest and persuasion, noncooperation, and intervention 11 . For the purpose of this paper, we also divide noncooperation into social, economic, and political noncooperation. Protests and persuasion are usually public displays. They can be educational, symbolic, or disruptive. They are an effective way to raise awareness about a campaign and show the opponent/other the size of the movements supporters. Examples of protest and persuasion methods range from the traditional march, protest gathering, or petition to incredibly creative displays, songs, or theatrics. Sometimes a large-scale public demonstration is enough to force the opponent to reconsider their stance, especially if they derive their power from public opinion. All forms of noncooperation rely on people withdrawing their consent and/or participation. For social noncooperation, for example, women in a particular society may refuse to participate in sexual activities in protest of a war they disagree with morally. Economic noncooperation is the most well-known form of noncooperation, and usually manifests in the form of boycotts of a company, a particular good, or an establishment or in the form of strikes, where workers (and occasionally employers) will refuse to work until a demand is addressed. Political noncooperation involves citizens refusing to participate in the established political processes. This can be a refusal to vote in elections, to participate in military conscription, or to acknowledge the legitimacy of certain laws. The aim of noncooperation is not only symbolic
11 Gene Sharps How Nonviolent Struggle Works 8
resistance, but to create a very real pressure on the other, which will force them to respond to, or at least acknowledge, the movement and its claims. 12
The third of the nonviolent tactics, nonviolent intervention, can be considered the most drastic. Members of a movement that employs nonviolent intervention are called to action, rather than inaction, as the case may be with noncooperation. The aim is to disrupt ongoing activities that continue to support the opposition of the movement, whatever it may be. The forms that nonviolent intervention can take are numerous, are include psychological (ex: fasts, harassment), physical (ex: sit-ins, raids, obstruction), social (ex: establishing new social patterns, speak-ins, theater of the oppressed), economic (ex: land seizure, seizure of assets, politically motivated counterfeiting), and political (ex: overloading administrative systems, seeking imprisonment, running for office on a satirical platform), or any combination thereof. 13
The Process/How It Works: Nonviolent movements are about confronting an opponent with power that is not derived from weapons or violence. In order for this to be successful, it is necessary to lay the groundwork for the movement in a very intensive preparation process. All members of the movement must be prepared to cast off their fear and believe that they have the power to bring about social change, and must be aware that their involvement in the movement inherently comes with some associated risks, such as political backlash, imprisonment, violence, or even death. For a nonviolent movement to be successful, each and every member must be on the same page as to the goals of the action and trained in what to say and how best to deliver the message. 14
12 Gene Sharps How Nonviolent Struggle Works 13 Gene Sharps How Nonviolent Struggle Works 14 Gene Sharps How Nonviolent Struggle Works 9
Before any action takes place, there must be an investigation stage, in which the movement solidifies exactly what their grievances are, assesses the source of power of the opponent, and identifies possible solutions. The facts of the situation as determined during the investigation should then be brought to public opinion. This should include grievances and their causes as well as a proposal for a desired outcome. Raising public awareness on the issue will give the opponent the opportunity to address concerns before any direct action takes place and prepare the public for the potential of an upcoming conflict, possibly convincing them to join the cause as well. 15
The movement should make every attempt to negotiate and reach a settlement before beginning direct action, and these attempts should be very public. This will give the action legitimacy and moral authority, showing that they gave the opponent the option to address the issue before starting a campaign. If the opponent does not agree to sit down for negotiations, or if negotiations do not produce desirable outcomes, it is important to spend some time clarifying your focus for attack. A movement should have one or two clear objectives, which should be made public and referred to often. Movements may need to achieve a series of several smaller gains in order to achieve a broader, overarching objective. 16
Once the objectives and goals are clear, the next step in a movement is increasing cause- consciousness or public awareness. 17 This can be in the distribution of pamphlets, television or radio advertisements, interviews on television news networks, the holding of discussion forums such as town halls, or any number of communication methods. However, it is imperative that the messages be clear and concise, not espouse any hatred, and be of high quality. They should include information about the issue, but also a call to action for those moved by the message.
15 Gene Sharps How Nonviolent Struggle Works 16 Gene Sharps How Nonviolent Struggle Works 17 Gene Sharps How Nonviolent Struggle Works 10
The movement must establish its organization and structure to ensure efficiency and order. Determine who is a leader, and what responsibilities fall under whose authority. Although a movement may not want to establish a hierarchical structure, there should be no confusion as to a members role in the movement. 18
Only once the preparation for the movement is complete, meaning strategies have been agreed upon which will challenge the sources of power most critical to the opponent, participants have been trained in nonviolent tactics, attempts at negotiations have failed, and the public has been made cause-conscious, should a movement begin their direct action campaign. In almost every case, the beginning of a nonviolent campaign will cause the opposition to strengthen their stance, and begin repressive tactics against those involved in the campaign. 19
They may restrict communication, enact legal restrictions such as curfews, pressure stakeholders economically, begin arresting dissenters, or using physical or psychological violence. It is important to make the repression ineffective by persisting in the campaign despite backlash. This can be done by openly defying laws and even welcoming arrest, operating outside of the capitalist market to negate the effects of economic sanctions, and refusing to fight back in the face of violence. This refusal to use violence, even (especially) in the face of violent repression, is the key to success for a nonviolent movement. As Gene Sharp explains, nonviolence is the driving mechanism behind social change because of its ability to (1) win sympathy and support, (2) reduce casualties, (3) induce disaffection and even mutiny of the opponents troops, and (4) attract maximum participation in the nonviolent struggle. 20
18 Gene Sharps How Nonviolent Struggle Works 19 Gene Sharps How Nonviolent Struggle Works 20 Gene Sharps How Nonviolent Struggle Works (2013) p. 101 11
When an opponent responds to a nonviolent movement with violent repression, usually the only tool in their toolbox, a force Gene Sharp calls political jiu-jitsu 21 comes into play. This phenomenon occurs when a campaign succeeds in its commitment to nonviolence in persisting violent repression. The actions of the opponent are seen to be extreme, uncalled for, and can shift the opinion of three major groups: uncommitted third parties (local or global), the opponents usual supporters, and the general grievance group. When the opinions of one or more of these three key groups is shifted favorably towards those participating in the nonviolent movement, the balance of power in the conflict changes, giving the civil resisters the upper hand. Patterns Across Successful Nonviolence Campaigns and Struggles Shared characteristics and common traits can be found in many nonviolent successes. There is always a danger in being reductionist, but finding discernable patterns can be useful. The following descriptions are patterns which Barbara Wien identifies as common among successful campaigns in her chapter on nonviolence. 22
1. Unequal power relationships. There is most often an underdog and a more powerful opponent, regime or bully in a nonviolent clash. The asymmetrical or lopsided nature of the conflict is what has prompted people to adopt nonviolent struggle in the first place. Gene Sharp explores this in far greater depth. Nonviolence directly addresses this inequality and seeks to educate people that the conflict is fundamentally unfair. The inequality and injustice of the situation becomes an asset. 2. Ethics, morality and a common sense of humanity. Morality is often the key to success. When adherents of nonviolence appeal to a sense of a humanity and morality and shared values in a society, they are more likely to be successful. Martin Luther King pointed to the founding
21 Gene Sharp Political Jiu Jitsu in How Nonviolent Struggle Works, p. 11-120 22 Barbara Wien The Promise of Nonviolence, a New Stage in Human Evolution chapter in the Peace Paradigms textbook published by American University, 2012 12
documents of the United States, such as the Bill of Rights and Declaration of Independence, in his speeches and writings to remind Whites of the bedrock values upon which their nation was supposed to stand. Appealing to the better angels in an opponent may invoke a self of shame in the perpetrator and enhance the chances of success. Face-saving measures and adopting a higher moral group is critical to ending cycles of revenge. Gandhi said, I didnt want to bring the British to their knees, I wanted to bring them to their senses. Black civil rights activists spoke of creating the beloved community in partnership with Whites. Nelson Mandela provided many face-saving measures and economic incentives to ensure that White Afrikaners were not fearful of the new Black majority rule in South Africa and did seek to derail the nonviolent revolution. 3. Vision. It is not enough to simply be against something, what do you stand for? It is crucial in a nonviolent struggle to uplift people and offer a positive, life-affirming vision of the future. Gandhi called this the Constructive Programme and felt it was in some ways even more important than nonviolence itself. 23 All movements and experiments need articulate a culture of beauty and peace as an alternative to the present violent order. What is the clear picture of peace and how to achieve its attenuating objectives? Millions of practitioners, authors, scholars and activists have been building the infrastructure and architecture for replacing violence and war with mediation, negotiation, consensus decision-making, positive communication, nonviolent action, and international law, global standards on human rights, environmental balance and harmony, spiritual awareness of our mutuality with the planet, reduced consumption, alternative lifestyles and much more. We must first envision the world we hope to create, and then nurture that nonviolent vision through education, child rearing practices, alternative media, and a thousand other paths to peace.
23 Michael Nagler, Is There No Other Way: The Search for a Nonviolent Future (2001) 13
4. Youth. Young people are often at the forefront of nonviolent movements, and the instigators of nonviolent uprisings, although people of all ages and from all walks of life quickly joined. This pattern may be true because young people feel invincible and have far fewer inhibitions toward risk. It may be also be true that they do not have parental responsibilities yet or financial concerns as a primary breadwinner for their household. 5. Mass participation and involvement. Everyone should play a role in a nonviolent movement- old people, children, business owners, the media, students, religious figures, intellectuals, artists, police, teaches and all representatives of a society. It is not necessary to have a single charismatic leader. Most nonviolence movements did not have a Christ, Gandhi or King. They had hundreds of them everywhere! This meant that repressive authorities could not easily lop off the top leadership and paralyze or bring down the movement. A less hierarchical structure, with everyone playing a role, is more democratic and builds greater capacity amongst all the participants as leaders. When such large scale involvement does occur, clear communication becomes paramount. Lies, distortions and misinformation can be spread quickly when the action goes beyond a small group. Nonviolent organizers must safe guard their lines of communication with the public and media to ensure they are not discredited and distorted. 5. Reassess Goals Continuously. Successful nonviolent leaders are constantly reassessing their goals and strategies, preparing contingency plans, and making adjustments and modifications depending on shifting circumstances. They may seek to escalate if the timing is right and conditions warrant. Such was the case with the student sit-in movement to desegregate the U.S. South. After the first stage of occupying the lunch counters produced a standoff with authorities, (plus hundreds of arrests, national media attention, and major support from Black churches), the 14
students then moved to a new phase of the struggle and level of pressure by boycotting White- owned stores. This convinced many White business owners to support desegregation and tipped the scales in favor of the students. 6. Persistence is crucial. It takes a long time to win nonviolent campaigns. Supporters must be able to sustain themselves for long periods of time. If people are not prepared for the long haul, the movement may falter and fizzle out. Proponents of nonviolence must gird themselves for a prolonged period and this takes economic and financial resources. Those who are ill-prepared and have not garnered the necessary resources risk failure. It took Gandhi more than 30 years to get the British out of India. It took African Americans hundreds of years to free themselves of slavery and racial segregation. 7. Local to global. Most successful nonviolent struggles start locally against unjust conditions and then begin to spread. Clear communication is possible and much more manageable when starting on a small-scale. The campaign can gain traction and test the responses of the rulers. 8. Economic cost. A significant financial price must be felt by the more powerful party. It is necessary to twist the economic arm of the opponent. Martin Luther King foresaw that "the vulnerability of Birmingham at the cash register would provide the leverage to gain a breakthrough in the toughest city in the South." 24 Wyatt Tee Walker, who planned the boycott crusade, said that before Birmingham "we had been trying to win the hearts of white Southerners, and that was a mistake, a misjudgment. We realized that you have to hit them in the pocket." 25
9. Discipline, training and affinity groups. Nonviolence means not striking back in the predictable ways. Such a counter-intuitive reaction takes months and months of training in order
24 Martin Luther King, Jr. Letter from a Birmingham Jail, June 12, 1963 http://mlk-kpp01.stanford.edu/index.php/resources/article/annotated_letter_from_birmingham/ 25 W. L Andrews, et al., The Oxford Companion to African American Literature. (NY: Oxford University Press). 1997 15
to unlearn all the violent responses programmed in people from an young age. Without adequate preparation, nonviolent proponents are likely to lose control over the situation and mistakenly respond with counter force. The more powerful party then gains the upper hand and the situation quickly deteriorates. The movement loses the moral high ground and public support. Keeping true to the nonviolent spirit is fundamental, but extremely difficult. Many more lessons abound on this subject in the works of Gandhi and young activists today. Reverend James Lawson says on A Force More Powerful, You cannot go on a demonstration with 25 people doing whatever they want to do. They have to have a common discipline. That is the key word for me. The difficulty with nonviolent people and efforts is that they dont recognize the necessity of fierce discipline and training and strategizing, and planning, and recruiting, and doing the kinds of things you do to have a movement. That cant happen spontaneously. It has to happen systematically. 26
Successful Ingredients of Nonviolence Sharp stresses again and again that strategic planning is fundamental to the success of civil resistance and effective nonviolent struggles must go through certain stages against repressive regimes. Phase I: Initial assessment and analysis Phase II: Strategy development Phase III: Capacity building Phase IV: Open struggle
26 Reverend James Lawson interview on the 1999 documentary A Force More Powerful, directed by Steve York 16
In the strategy development phase, Sharp breaks down the necessary levels of planning and action: o Grand Strategy: The overall concept which serves to coordinate and direct all appropriate and available resources (economic, human, moral, political, organizational, etc.) of the action or other group to attain its objectives in a conflict This includes consideration of the rightness of the cause Assessment of other influences in the situation Selection of the technique of action to be used o Strategy: The concept of how best to achieve objectives in a conflict (violent or nonviolent) Whether, when, or how to fight How to achieve maximum effectiveness in order to gain certain ends Plan for the practical distribution, adaption, application of available means to attain desired objectives Development of broad plan of actions Forming a strategy: Consider ones own objectives Resources and strength Opponents objects, resources, and strength Actual and possible roles of their parties Opponents various possible courses and means of action Ones own various courses of action o Tactic: A limited plan of action, based on a conception of how best to utilize the available means of fighting to achieved a restricted objective as part of the wider strategy 17
Concerned with a limited course of action Overall strategy of a battle or campaign Deal with how particular methods of action are applied Applied for shorter periods of time than strategies or in smaller areas o Method: Specific means of action within the technique of nonviolent struggle Strikes, boycotts, political noncooperation, etc. Sharp provides 198 It is important to note that Gandhi would engage and encourage civil disobedience only after intense efforts in negotiation and dialogue were exhausted. This fact is overlooked by many people who believe that Gandhis first action was always civil disobedience and nonviolent direct action. In order to attain a goal Gandhi would go through three stages of 1) persuasion, 2) sacrifice, and 3) noncooperation. However, if there was a chance for dialogue and negotiation, he would stop the resistance and noncooperation stages to engage with his opponents. His followers were sometimes confused and bewildered by these actions, but in truth Gandhi was a man of negotiation and dialogue first, and did not believe in confrontations if there was a chance to sit at the negotiating table. In any nonviolent struggle it is, thus, critically important to have skilled negotiators, conflict resolution experts and mediators who can engage the opponent at peak stages in a conflict to gain concessions and seek mutually-beneficial outcomes. Protest is not sufficient. Negotiations must also be strategically and carefully planned so as not to sell out the revolution. It is essential to recognize which participants in a nonviolent struggle are best-equipped to represent the movement in this role. 27
Sharp outlines four ways nonviolence campaigns have succeeded in the past: 28
1. Conversion: Changes in the attitudes of the opponents which led to voluntary concessions.
27 Barbara Wiens The Promise of Nonviolence, a New Stage in Human Evolution in the Peace Paradigms textbook published by American University, 2012 28 Gene Sharps How Nonviolent Struggle Works, 2013 18
The world witnessed such a conversion in South Africa in the 1980s during the last gasps of a morally corrupt system of racially segregation. The seventh and last President of South Africa, Frederik Willem de Klerk, declared the system of racial segregation as morally corrupt, engineered the end of apartheid, and supported the transformation of the country into a multi- racial democracy where the country's black majority finally had equal voting and other rights after 500 years of White Afrikaner rule. 2. Accommodation: Opponents agree to a compromise. 3. Nonviolent coercion: Opponents are left with no option but to capitulate. An example of this would be the Civil Rights lunch counter sit-ins and bus boycott movement that lasted for months and years, spreading all over the U.S. South. White customers stayed away from segregated White-only businesses after press coverage showed thousands of polite college students being beaten and arrested. Segregated city bus services went bankrupt when Blacks refused to ride. Eventually storeowners and cities integrated their restaurants and transit systems when hit with staggering financial losses. They had been coerced but with not a drop of blood shed. 4. Disintegration: The Regime falls apart. Such was the case with Sloban Milosevic in Serbia (the former Yugoslavia) when the student nonviolent movement, known as Otpor!, gained so much support and momentum, among trade union groups, farmers, police, small town elected officials and eventually the armed forces that Milosevic could no longer keep his grip on power. His regime disintegrated. 29
29 Barbara Wiens The Promise of Nonviolence 19
An Overview of the Conflict in Eritrea Introduction Eritrea has been criticized heavily by the international community for an authoritarian regime and oppressive practices against its citizens. Human rights watchdogs have consistently accused the government of infringing upon basic human rights such as free speech, the right to fair trials, and the right to be free from torture, among others. 30 In order to fully understand the policies implemented by the Afwerki regime, one must first understand the context of the nation in regards to its unique history. Eritrean Independence During the colonial period in Africa, Eritrea was ruled by the Italians. When the Italians left in 1941, the British took control of the administrative duties in preparation for independence. In 1952, Eritrea was deemed an autonomous region within the Ethiopian federation. 10 years later, Ethiopia denied the region its autonomy and announced that Eritrea was an annexed province. This sparked a brutal war for independence which lasted 30 years. The Eritrean Peoples Liberation Movement (EPLF) was founded, which would later become the Peoples Front for Democracy and Justice (PFDJ), the ruling (and sole) party of Eritrea post- independence. 31 The extended violence over such a long period led to dehumanization and distrust of the other side, and tensions remained extremely high between the two countries, much like between the United States and the Soviet Union during the Cold War. 32
30 Eritrea. World Report 2014 by Human Rights Watch 31 Eritrea. The World Factbook by the CIA 32 Terrence Lyons The Ethiopia-Eritrea Conflict and the Search for Peace in the Horn of Africa. Review of African Political Economy, Vol. 36, No. 120, (Jun., 2009), pp. 167-180. 20
One Party System: Afwerki After Eritreas independence was won and the war finally over, a transitional government was established in 1993. The EPLF was renamed the Peoples Front for Democracy and Justice (PFDJ), and became the ruling political party. After an election within the PFDJ, Isaias Afwerki was elected the acting president of the transitional government. In 1997, Eritrea adopted a constitution, which allows for a multi-party system, set a five year term, two term limit on the president, and outlined certain basic rights that the government has to respect for its citizens. Unfortunately, the adopted constitution has never been implemented. National elections have been scheduled, but continue to be postponed. 33 So far, Isaias Afwerki is the only president Eritrea has ever had, and it does not appear that he will relinquish power any time soon. The one party system continues to be the norm and it is unclear when, if ever, the adopted constitution will be implemented. Ethiopian/Eritrean War To complicate matters, in 1998, a dispute arose between Eritrea and Ethiopia over their shared border. Both sides claimed the territory of Badme, and relations between the two countries deteriorated rapidly. A violent war took place from 1998 until 2000, with Ethiopia eventually winning the war militarily. After the war, the UN established the Eritrea-Ethiopia Boundary Commission (EEBC), which determined that the disputed territory actually belonged to Eritrea. Ethiopia refuses to recognize their decision, and still occupies the territory of Badme today. 34 This war was incredibly detrimental to human rights in Eritrea. The governments anti- Ethiopian fervor reached a new level, and nationalism became paramount. The government
33 Eritrea. The World Factbook by the CIA 34 Terrence Lyons The Ethiopia-Eritrea Conflict 21
began to restrict human rights at an unprecedented level by claiming that it needed to defend itself against Ethiopian spies. No Freedom of Speech: Black Tuesday During the Ethiopian/Eritrean War, the government began implementing serious restrictions on the press. All foreign media was kicked out of the country. Any media station which received foreign funding was disbanded. The new law also made it mandatory for journalists and newspapers to obtain licenses before printing anything. This meant that the government had control over the information being disseminated to the public. On September 18th, 2001, following the end of the war, the government shut down eight independent newspaper companies and arrested at least nine journalists who had spoken critically about Afwerkis regime. These journalists have never been seen or heard from since. The day has come to be known as Black Tuesday and effectively made Eritreas Ministry of Information the sole source of news and information for the countrys citizens. 35
According to Reporters Without Borders World Press Freedom Index, Eritrea is the worst country in the world regarding press freedom, worse even than the infamous North Korea. The organization has called Eritrea, along with North Korea and Turkmenistan black holes of information, where the only source of news comes from government propaganda. Journalists frequently flee the country to seek asylum from persecution at the hands of their government, including journalists who work for the Ministry of Information. 36 Over 50 journalists have gotten together to form the Association of Eritrean Journalists in Exile (AEJE), which tries to collect information on Eritrean journalists in prison (they currently know of 31 journalists being
35 Association of Eritrean Journalists in Exile (AEJE). Black Tuesday: Justice Delayed: Justice Denied. Press Release. 18 September 2012. Asmarino Independent. Web. 22 Feb 2014. 36 "World Press Freedom Index 2013." Reporters Without Borders, 2013. Web. 21 Mar 2014. 22
detained indefinitely without a trial) and advocates within the international community for their release. 37
No Freedom of Religion/Assembly Although there have always been many religions in Eritrea, following the 1998-2000 border conflict with Ethiopia, the Eritrean government announced four registered religions: the Eritrean Orthodox Tewahedo Church, the Roman Catholic Church, the Evangelical Lutheran Church, and Sunni Islam. All religious organizations are required to submit membership information in order to obtain permits for assembly, or risk being raided during services and members being arrested. 38
According to Eritrean law, any gathering of more than two people who are not family members requires a permit. This allows police forces to break into private residences on the suspicion of unlawful assembly at virtually any time. Amnesty International and Human Rights Watch have both documented instances where police forces have entered gatherings in private residences during weddings, private worshipping, and other religious meetings and detained everyone in attendance with no official arrest record or access to the judicial system. 3940 Because of these arbitrary arrests, the United States Department of State has listed Eritrea as a Country of Particular Concern in regards to religious persecution. Forced Conscription Because of its recent history of military conflict with neighboring Ethiopia, Eritrea maintains a mandatory, forced conscription into the Eritrean Defense Forces (EDF) for every
37 AEJE. Black Tuesday: Justice Delayed: Justice Denied. 38 Eritrea. Amnesty International Assessment of States Implementation of Recommendations from the Previous UPR. Amnesty International. 7 Feb 2014. Web. 21 Mar 2014. 39 Eritrea. World Report 2014. Human Rights Watch. Web. 21 Mar 2014. 40 "Eritrea: Rampant Repression 20 Years after Independence." Amnesty International News. 23
male and female citizen. 41 The final year of secondary school is completed at a military training center, and is required for admittance into university. After this training, there is a mandatory 4 years of service in the military, which is used for national reconstruction projects. In times of war or conflict, the mandatory 4 years can be extended at the governments discretion. In actuality, most soldiers end up serving much longer than the required period and a few refugees have even reported being told their service would be indefinite. Those who refuse military service are imprisoned, often without trials. 42
Imprisonment, Torture, and Lack of Trials The Eritrean government has a history of imprisoning its citizens: journalists, religious minorities, draft evaders, and anyone who disagreed with the government. Because of such persecution, Eritreans have been fleeing the country across the porous border with Ethiopia by the thousands. If someone gets caught, however, they are imprisoned indefinitely. Because there are few records, it is hard to know exactly how many people are being detained. The reports from the refugees who escape, however, are extremely troubling. They report neglect, physical and mental torture, and appalling conditions. Their families are threatened. Some of the prisons are essentially metal container units put under the ground in the desert, where people are left for days to cook in the sun. A few prison guards have escaped, and report that there are guards for the guards, to make sure they do not show any leniency towards the prisoners or help them escape. 43
Conclusion
41 Eritrea. The World Factbook by the CIA 42 Eritrea. World Report 2014 by Human Rights Watch 43 "Torture in Eritrea: "Every Night You Hear Shouts and Cries of People Being Beaten."" Amnesty International News. Amnesty International, 2 June 2013. Web. 22 Feb. 2014. 24
Eritrea has had a history of conflict with its neighbor, Ethiopia, resulting in extremely high tensions and a militarized state. The Peoples Front for Democracy and Justice, led by Isaias Afwerki, has taken advantage of these tensions to monopolize control of the country and secure its own power. It has constructed excuses to postpone the implementation of the constitution adopted in 1997, and continues to use fear of imprisonment and torture as a weapon against its own citizens. The conflict in Eritrea today is not one between Eritrea and Ethiopia, but instead between the government of Eritrea and its citizens. An Analysis of the Sources of Power for the Eritrean Government Introduction The eminent nonviolence theorist, Gene Sharp, outlines six sources in which oppressive governments gain their power; authority and legitimacy, material resources, human resources, skills and knowledge, sanctions, and intangible factors. 44 This section of the paper aims to analyze these six sources in relation to the power of the Eritrean government under Isaias Afewerki. Authority/Legitimacy The Eritrean Peoples Liberation Front (EPLF) became the de facto ruling party of the State of Eritrea in 1991, with Isaias Afwerki at the presidency. In 1993, the UN ruled that the party was the de jure ruling party, and the name of the group changed for the Peoples Front for Democracy and Justice, or PFDJ. To date, the PFDJ is the sole legal political party in Eritrea, and Isaias Afwerki is the current and only president in the countrys history. National elections were set for 1995, but postponed until 2001. In 2001, however, elections were postponed
44 Gene Sharps How Nonviolent Struggle Works 25
indefinitely because the government claimed 20% of the countrys land was under Ethiopian occupation and would therefore be unable to participate in the voting process. 45
In 1997, a new constitution was ratified, but has yet to be implemented. This constitution would give the majority of legislative power to a unicameral National Assembly, who is also responsible for electing the president. However, the National Assembly has not met since 2002, and many of its elected officials are currently in prison or have fled the country, effectively giving President Afwerki unchallenged authority over national and international policies. 46
Dissidents of Afwerkis reign have rallied around the implementation of the 1997 constitution on a national scale as a unifying call to action. Human Resources The Eritrean Defense Forces (EDF) are the Eritrean military, and utilize a mandatory, forced conscription in order to operate. Every able-bodied citizen, male and female, is required to participate in at least four and a half years of national service, one year of which is training. In reality, most citizens are forced to serve for much longer periods of time, some describing conscription as indefinite. 47
Although it seems as though the Eritrean Defense Forces would be the perfect catalyst for a nonviolent movement, there is so much uncertainty surrounding service that the logistics of organizing a movement are incredibly difficult. Soldiers report being in a constant state of flux during their period of national service: all vocations are at risk of being relocated to any part of
45 Terrence Lyon The Ethiopian-Eritrean Conflict 46 Eritrea. World Report 2014 by Human Rights Watch 47 Eritrea. Amnesty International Assessment of States Implementation of Recommendations from the Previous UPR. Amnesty International. 7 Feb 2014. Web. 21 Mar 2014. 26
the country at any time, often to unknown locations. 48 This constant shuffling means that any sort of planning is incredibly difficult. Skills and Knowledge Many of the high-ranking PDFJ members, including President Isaias Afwerki have been trained abroad in countries like China on communist and socialist leadership practices. They are also allowed to travel outside of the country frequently for diplomatic meetings with international officials, while the ordinary Eritrean citizen would struggle to obtain a visa to leave the country legally. 49 This means that PDFJ members have a global perspective that is simply unattainable for many working class, or even middle class Eritreans. The government controls all education, including the education of teachers, and education is usually geared towards understanding how ones contributions benefit the state. The Ministry of the Interior also controls all media. Private media companies of any kind are banned in Eritrea, and anyone suspected of running a newspaper or being a journalist for an international news source is jailed. 50 Because of this control over education and media, the PFDJ effectively holds a monopoly on information for its citizens. It is very difficult for a resident of Eritrea to be aware of any information that the government does not want it hear. This control over information has been integral in the government retaining its illegitimate power. Sanctions The government of Eritrea has been heavily critiqued by numerous watchdog groups, like Amnesty International, for human rights abuses against its citizens. There are unjust laws which restrict freedoms, such as freedom of assembly and freedom of religion, among others. Eritreans
48 "Torture in Eritrea: "Every Night You Hear Shouts and Cries of People Being Beaten."" Amnesty International News. 49 Eritrea. World Report 2014 by Human Rights Watch 50 AEJE Black Tuesday: Justice Delayed: Justice Denied. 27
who are perceived as violating one of these unjust laws (whether the perception is valid or not) are arbitrarily arrested and thrown in jail, often without a trial. There are numerous reports of torture practices in Eritrean prisons, and many people who are arrested are never heard from again. 51
On September 18, 2001, just days after the terrorist attack of 9/11, the government of Eritrea arrested 31 journalists who were not working for the PFDJ. There was no record of their arrest, and all of the journalists simply disappeared without record into some of the 365 prisons located in the small country. Since that day, dubbed Black Friday or Black September by dissenting Eritreans, many people have chosen to flee the country through the porous borders with Sudan and Ethiopia rather than publically dissent against the actions of the government, fearing serious repercussions against themselves or loved ones. Even once granted asylum in a third country, like the United States, many Eritrean refugees refuse to have their picture taken or name printed in any publications, for fear of the image reaching the Eritrean government and causing harassment for family members remaining in the country. 52
Material Resources The inauguration of the GEDEM cement factory (a national project, in which the Eritrean government own 100% of the factory shares) in 2011 has significantly contributed to the 8.5% increase in Eritreas GDP since that year 53 . The Eritrean government also owns 40% of the Bisha gold and silver mine in the northern part of the country, which has provided a significant source
51 Eritrea. Amnesty International Assessment of Recommendations 52 Personal interactions with Eritrean refugees while working with the International Rescue Committees Resettlement team in Silver Spring, MD 53 GEDEM Cement Factory Goes Operational. Tesfa News. 30 Aug 2011. 21 Mar 2014. 28
of revenue for the country 54 . Despite that, however, the national GDP per capita was only 450 USD, nominally. This money is distributed unequally throughout the population, with government officials and supporters of the PFDJ receiving disproportionate salaries and bonuses. 55 Because of this, many people choose to remain actively involved with the government and PFDJ for monetary factors, even if they disagree with policies or practices. Intangible Factors Because of Eritreas deeply rooted conflict of Ethiopia, dating back to colonial imperialism, the government under Isaias Afwerki has been able to effectively use the collective fear and mistrust of the neighboring Ethiopians as a justification for restricting the freedoms in his own country. For example, he justifies restricting freedom of assembly and freedom of speech by saying that it is a preventative measure to prevent Ethiopian espionage from gaining hold within Eritrean borders and undermining Eritrean sovereignty. 56 Despite the absurdity of the claims, the mistrust between Ethiopians and Eritreans cannot be denied or underestimated, and plays a big role in understanding why many Eritreans refuse to overthrow Afwerki, for fear that it may create a power vacuum which would provide Ethiopia with an opportunity to intervene in the countrys affairs. Conclusion Despite the fact that the Peoples Front for Democracy and Justice under President Isaias Afwerki has lost its legitimacy after refusing to implement the ratified 1997 constitution, it still holds incredible power in the country, which is integral to understand if a nonviolent movement against the government is to be effective. The government holds incredible human capital in the form of the Eritrean Defense Forces, in which all able-bodied citizens are forced to serve. The
54 About: Bisha Mining Share Company. Bisha Mining Share Company. Web. 21 Mar 2014. 55 Doing Business in Eritrea 2014. The World Bank Group. Web. 21 Mar 2014. 56 Terrence Lyons The Ethiopian-Eritrean Conflict 29
government holds a strong monopoly on the dissemination of information, which makes it incredibly difficult to spread unifying or dissenting messages to large groups of people. The government is able to spread messages of fear against Ethiopians, creating a communal panic among the people of Eritrea and a sense of necessity for a strong government as a means of protection, especially in light of the relatively recent border dispute from 1998-2000. This sense that the governments actions might be necessary for national security, added to the reality that those who side with and actively support the government are better off economically, create a reluctance to publically challenge the government in any way. Given the history of violence and illegal and arbitrary arrests, that reluctance is only intensified, and many people (thousands every month, according to UNHCR estimates) choose to flee the country rather than publically dissent. What a Nonviolent Movement Would Look Like in an Eritrean Context Introduction Eritreans have already begun a form of resistance, fleeing in mass exodus out of the country through porous borders with Sudan. Once safely outside of the country, members of the Diaspora have been speaking out against the human rights abuses of the Eritrean government, participating in local demonstrations and protests as well as posting articles and creating dialogue on the internet. However, the Diaspora quickly realized that those still in Eritrea could not participate in such movements or speak out against the government, since such acts would definitely result in arrest and imprisonment. 57
57 Warner, Gregory. "With Robocalls, Eritrean Exiles Organize Passive Resistance." NPR: World: Africa. National Public Radio, 2 May 2013. Web. 24 Apr. 2014. 30
Through the internet, members of the Diaspora in London and California met and developed a resistance movement which those still residing in country could participate. They began placing phone calls to numbers they found in an Eritrean phone book that was smuggled out of the country. They acquired Robocalling (the technology used by telemarketers to call many numbers at a time), which they used to place mass phone calls to landlines in Eritrea. 58 The message was simple; to ask people to stay home on Friday nights. Like in America, Friday night is considered date night and is the night when many people would go out to dinner, shop, or see a movie. The movement is called Arbi Harnet (Freedom Friday in Tigrinya) and had made over 95,000 phone calls by May of 2013. 59 According to one of my recently arrived Eritrean clients at the International Rescue Committee, who asked not to be named, Arbi Harnet/Freedom Friday has become a household name, and he and about half of his friends would participate in the movement, staying inside on Fridays as opposed to going out. A few Eritreans have called back the number placing the automated calls, saying they are ready to do more. 60 This section of the paper looks at potential next steps for a full-fledged nonviolent resistant movement to come to fruition against the Afwerki regime. The revolution would be ongoing and fluid to adapt to changing circumstances on the ground, would include social and economic aspects both nationally and internationally, and would be considered a success with the implementation of the 1997 constitution, Isaias Afwerkis resignation, and the countrys first free and fair presidential election. Challenging Injustices Similar mass arrests and disappearances to what is ongoing in Eritrea today occurred in Chile during Pinochets regime and Argentina during the Dirty War. During this time, mothers in
58 Gregory Warner With Robocalls 59 Gregory Warner With Robocalls 60 Gregory Warner With Robocalls 31
both countries rallied together and participated in mass protests outside of government buildings and in the famous Plaza de Mayo in Buenos Aires, demanding information on their childrens whereabouts. 61 In Chile, the protestors experienced severe backlash, and many of the mothers were themselves disappeared. The group decided it was too dangerous to act out publically, so they began anonymous protests, hanging banners and posters all over the city with pictures of the disappeared and the words Donde estan? (Where are they?). The women also began creating sewn scenes called arpilleras that depicted the acts of repression and horror that they were witnessing in Chile and smuggling these pieces of cloth out of the country, which gained international attention. 62
Because of the inevitable backlash that protestors would face if they protested publically in Eritrea, a subterranean movement like that of the Madres de los Desaparecidos (Mothers of the Disappeared) in Chile would be most appropriate in Eritrea. In addition to posters or images of disappeared Eritreans, public displays demanding the enactment of the 1997 national constitution would also be appropriate. It would be necessary to hang the banners or paint the messages in such a way that they would be difficult to erase or take down, in order for the message to reach the maximum amount of people. Dropping mass flyers in public places are another option for spreading messages anonymously. Any or all of these tactics may be used to raise awareness about the movement and give people information on how they can participate. If backlash from the Afwerki regime makes such acts of protest too dangerous, Eritreans can still continue with acts of civil disobedience through seemingly innocuous acts, like the banging of pots and pans, coordinated freeze times (where everyone stops in their tracks for 1 minute), or the singing of a specific song while going about a routine schedule.
61 Kurtz, Lester. "The Mothers of the Disappeared: Challenging the Junta in Argentina (1977- 1983)." Movements and Campaigns. International Center on Nonviolent Conflict, July 2010. Web. 24 Apr. 2014. 62 "Arpillera: The Cloth of Resistance." Memory as Art. Royal Albert Museum. Web. 24 Apr. 2014. 32
Eritreans are already fleeing the country through the porous border by Sudan en masse. 63
It would be easy for them to begin to smuggle out evidence of injustices. In order to have the greatest impact, artistic or visual depictions might be the most prudent. This could be in the form of a photo campaign, or the smuggling out of handwritten pleas to foreign governments or the UN for intervention. Members of the Diaspora should elect a representative to be the point person for communications, who can distribute these smuggled images to the media and use them to raise awareness about the cause. It would be a good idea if this person was someone who has previous experience being in the media and who is already known by the international community, like Meb Keflezighi 64 , for instance. Meb Keflezighi, an American man whos family fled Eritrea when he was a child, just won the Boston Marathon and has been in the news several times for his most recent accomplishment as well as those in the past, including representing America in multiple Olympics. 65 The Diaspora should reach out to him to be the face of this movement to the international community. He can champion the cause, perhaps starting by wearing a symbol of solidarity during his races and mentioning the movement during his post-race interviews. Later, if he is comfortable with it, he can begin advocating for international support through national and international media outlets and by personal conversations with world leaders. Economic Pressure The Eritrean people have already started to demonstrate their noncompliance with the state of Eritrea through the Freedom Friday movement, where citizens remain home on Friday
63 Eritrea. World Report 2014. Human Rights Watch. 64 Foreman, Tom. "Runner Meb Keflezighi Almost Good as Gold." CNN U.S. Cable News Network, 15 Sept. 2012. Web. 21 Mar. 2014. 65 Fantz, Ashley, Ray Sanchez, Holly Yan, and Jason Carroll. "A Year Later, Boston Marathon Runners 'take Back That Finish Line!'" CNN U.S. Cable News Network, 21 Apr. 2014. Web. 24 Apr. 2014. 33
nights. 66 This movement could easily be expanded to include strikes from work. When the Diaspora movement feels as though enough people have demonstrated interest in furthering the movement, they can begin to send out messages through the Robocall asking people to stay home from work on Fridays as well as staying in Friday nights. If this feels like too drastic a measure to start out with, they can start by asking people to leave work early or come in late, and allow the full-day weekly strike to come about organically over time, as the Norweigans did against the Nazi regime during the occupation of their country in World War Two Worker slow-downs and incomplete ship-building frustrated Nazi attempts at winning the war, but could not be easily identified and punished. They were a form of resistance under the radar. As the movement progresses and gains more followers, more drastic measures like prohibiting further production at the GEDEM cement factory and Bisha gold and silver mines would be prudent in applying economic pressure on the government and forcing them to at least acknowledge, if not address, the movement and its demands. This hindrance of production could be in the form of mass strikes, barricades, or sabotage, up to and including the destruction of the factory and/or mines themselves. Sabotage of government methods of transportation would also be an option to obstruct the daily government operations. Challenges to the Movement A huge challenge to the success of a nonviolent revolution in Eritrea is the lack of access to information and communication channels. According to Human Rights Watch, as of 2012, only 4% of the population has access to the internet, mainly through internet cafes in the capital city of Asmara, where users are closely monitored. 67 This means that Facebook or other social media sites will be effective in communicating throughout the diaspora community, but not
66 Gregory Warner. With Robocalls 67 World Report 2013. Human Rights Watch. 34
within Eritrea itself. There are no private television companies or radio companies, so all the information disseminated through those mediums are censored by the Ministry of Information. 68
In January of 2013, a group of approximately 100 Eritrean soldiers stormed the Ministry of Information and hijacked the television broadcasts, sending out a message stating that the 1997 constitution would be henceforth be put into effect. 69 The coup was not organized, however, and the broadcast was interrupted shortly after it began. If it is possible to plan a successful takeover of the Ministry of Information, the movement would have a much easier means of reaching more of the population and coordinating events. If it is not feasible to take over the Ministry of Information, it might be possible to hack into the cell towers and send out mass messages to all the mobile phones within reach (similar to the emergency messaging systems used in the United States and other developed countries). Both plans would require technical skill, human capital, and extensive planning, and would only come to fruition with great risk for those involved. Another option available for communication within the country would be the acquisition of their own satellites in an attempt to override the Afwerki regimes blackout to beam their own messages of resistance. There are decommissioned or satellites with deteriorating orbits. Such statellites have been donated by commercial companies or NASA to peace groups and the University of Hawai so they could broadcast peace radio program across the Pacific Ocean. Barring anything so ambitious and high tech, codes and written messages of resistance could be wrapped inside food at the market, sewn into cloth and fabric (as spies did against Franco in Spain during his dictatorship and African-Americans did against slavery in the underground railroad in the U.S. in the 1800s),
68 Eritrea. The World Factbook by the CIA 69 "Eritrea Hits Back at Mutineers after they Storm Ministry. The National. Associated Press. 22 Jan 2013. Web. 21 Mar. 2014. 35
The primary means of communication for this movement is going to have to come from the Diaspora outside the country and their Robocalls, at least in the early stages. This will mean that the Diaspora should establish a clear message and goals and all be on the same page with regards to their commitment to promoting nonviolence in the country. They will need to be constantly checking in with members of the movement in-country to assess the progress and adjusting the plan as the situation on the ground evolves. Training in nonviolence of the diaspora and those who have fled across the border will be crucial to the success of the movement. Hundreds of veteran nonviolence trainers assisted in the preparation of protagonists in Serbia, Egypt, Yemen, Tunisia, Indonesia, the Philippines, Guatemala, Chile and elsewhere. The storehouse of knowledge about nonviolence is growing worldwide and can be found in the Global Nonviolent Action Database at Swarthmore University with 900 case studies successful nonviolent campaigns and movements. An example of mass nonviolence training can be found with the Great Peace March across the U.S., which inspired a generation of anti-nuclear activists and resulted in songs, story books, more training programs, and films. 70 In the late 1980s, a series of actions took place at the Nevada test site. Rigorous training programs in nonviolent direct action were developed all over the world, starting with Pacific Island populations after many of their offspring were born with birth defects from the effects of radiation fallout from nuclear tests by the French. Greenpeace sailed their small boats, zodiac rafts and ships in the nuclear test sites in the Pacific and rode motorcycles in the Nevada sites to interrupt nuclear tests. Thousands were arrested. We now have multiple efforts and legal agreements to halt the testing, spread and use of nuclear weapons, such as the Atmospheric Test Ban Treaty, the Comprehensive Test Ban, and the Nonproliferation treaty. The United States Congress has been an obstacle to the ratification of
70 The Great Peace March Part 1:The Journey Begins http://www.youtube.com/watch?v=_bMkRvf1oyk 36
these treaties. Ultimately, the U.S. government has halted any further testing of nuclear weapons and has begun to reduce its stockpiles. 71
Conclusion Given the circumstances surrounding the governments monopoly on information dissemination, any revolution in Eritrea will need to be very decentralized, at least until they develop or acquire a means of disseminating information on a mass scale. Protesters should have a clear objective: in the case of Eritrea, this objective will most likely be to ensure the release of political prisoners and the enactment of the 1997 constitution. In order to apply pressure to the Afwerki regime and the Peoples Front for Democracy and Justice, economic endeavors need to be affected, which will most likely be most successful through mass strikes or sabotage. The final component of the revolution will be gaining international awareness of the issue, meaning active involvement of the diaspora communities around the globe to obtain media attention. Moving Forward A large scale nonviolent revolution of the Eritrean people against their government has the potential to bring about radical change and possibly overthrow the current oppressive regime, led by President Isaias Afwerki. According to Maria J. Stephan and Erica Chenoweth, a nonviolent revolution like the one described in this paper actually has a better chance at success than one which utilizes violence. This commitment to nonviolence should be emphasized publically every step of the way, especially since such a decentralized movement will struggle to contact each and every supporter of the movement on an individual level. A strong, focused diaspora community will be crucial to the success of the movement, since they will be pulling the strings of the actors in-country. They will need extensive training
to ensure that everyone is on the same page in regards to the message that they promote to the international community, and would benefit from establishing some sort of hierarchy within the group, so that each person has clearly defined responsibilities. It would also benefit them to reach out to international organizations like Amnesty International, Human Rights Watch, and other similar groups who could provide support for the movement. Given the fact a former Eritrean refugee has been in the news recently for winning the Boston Marathon, and the positive feedback that the diaspora has received on the Arbi Harnet/Freedom Friday movement, it seems as though the situation in Eritrea is ripe for action. If the Eritrean people commit to nonviolence and follow Gene Sharps theories on nonviolence in their resistance against the repressive Afwerki regime, they have the tools needed for a successful nonviolent revolution.
38
Bibliography About: Bisha Mining Share Company. Bisha Mining Share Company. Web. 21 Mar 2014. "Arpillera: The Cloth of Resistance." Memory as Art. Royal Albert Museum. Web. 24 Apr. 2014. Association of Eritrean Journalists in Exile (AEJE). Black Tuesday: Justice Delayed: Justice Denied. Press Release. 18 September 2012. Asmarino Independent. Web. 22 Feb 2014. Boyd, Andrew and Dave Oswald Mitchell. Beautiful Trouble: A Toolbox for Revolution. New York and London: OR Books, 2012. Print. Doing Business in Eritrea 2014. The World Bank Group. Web. 21 Mar 2014. Eritrea. Amnesty International Assessment of States Implementation of Recommendations from the Previous UPR. Amnesty International. 7 Feb 2014. Web. 21 Mar 2014. "Eritrea." The World Factbook. Central Intelligence Agency, 11 Feb. 2014. Web. 22 Feb. 2014. Eritrea. World Report 2014. Human Rights Watch. Web. 21 Mar 2014. "Eritrea Hits Back at Mutineers after They Storm Ministry. The National. Associated Press. 22 Jan 2013. Web. 21 Mar. 2014. "Eritrea: Rampant Repression 20 Years after Independence." Amnesty International News. Amnesty International. 9 May 2013. Web. 22 Feb. 2014. Fantz, Ashley, Ray Sanchez, Holly Yan, and Jason Carroll. "A Year Later, Boston Marathon Runners 'take Back That Finish Line!'" CNN U.S. Cable News Network, 21 Apr. 2014. Web. 24 Apr. 2014. Foreman, Tom. "Runner Meb Keflezighi Almost Good as Gold." CNN U.S. Cable News Network, 15 Sept. 2012. Web. 21 Mar. 2014. GEDEM Cement Factory Goes Operational. Tesfa News. 30 Aug 2011. 21 Mar 2014. Handbook for Nonviolent Campaigns. England: War Resisters International, 2009. Print. 39
King, Jr., Martin Luther. Letter from a Birmingham Jail. 12 June 1963. Kurtz, Lester. "The Mothers of the Disappeared: Challenging the Junta in Argentina (1977- 1983)." Movements and Campaigns. International Center on Nonviolent Conflict, July 2010. Web. 24 Apr. 2014. Levertov, Denise Making Peace in Michael True, An Energy Field more Intense than War: The Nonviolent Tradition and American Literature (NY: Syracuse University Press), 1995. Lyons, Terrence. The Ethiopia-Eritrea Conflict and the Search for Peace in the Horn of Africa. Review of African Political Economy, Vol. 36, No. 120, (Jun., 2009), pp. 167-180. Nagler, Michael. Is There No Other Way? The Search for a Nonviolent Future. Berkeley: Berkeley Hill Books, 2001. Sharp, Gene. How Nonviolent Struggle Works. Boston: The Albert Einstein Institution, 2013. Print. Stephan, Maria J. and Erica Chenoweth Why Civil Resistance Works: The Strategic Logic of Nonviolent Intervention. International Security Vol. 33, no. 1 (Summer 2008): 7-44. "Torture in Eritrea: "Every Night You Hear Shouts and Cries of People Being Beaten."" Amnesty International News. Amnesty International, 2 June 2013. Web. 22 Feb. 2014. True, Michael. The Tradition of Nonviolence in America. Lecture, Peace Abby, Worcester MA, 2010. Warner, Gregory. "With Robocalls, Eritrean Exiles Organize Passive Resistance." NPR: World: Africa. National Public Radio, 2 May 2013. Web. 24 Apr. 2014. Wien, Barbara. The Promise of Nonviolence, a New Stage in Human Evolution. Peace Paradigms, Washington DC: American University, 2012. Print. 40
World Economic Outlook Database. The International Monetary Fund. Oct 2012. Web. 21 Mar 2013. "World Press Freedom Index 2013." Reporters Without Borders, 2013. Web. 21 Mar 2014. World Report 2013. Human Rights Watch, 2013. Web. 21 Mar 2014. York, Steve. Interview with Reverend James Lawson. A Force More Powerful. Documentary. 1999.
CONSTIFPP.DOC 2/7/01 10:40 PM 41
Appendix A
THE CONSTITUTION OF ERITREA Ratified by the Constituent Assembly, On May 23, 1997 Preamble ..................................................................................... 521 Chapter I: General Provisions.............................................. 522 Chapter II: National Objectives And Directive Principles.... 524 Chapter III: Fundamental Rights, Freedoms And Duties....... 527 Chapter IV: The National Assembly ...................................... 533 Chapter V: The Executive ..................................................... 537 Chapter VI: The Administration Of Justice............................ 541 Chapter VII: Miscellaneous Provisions ................................... 543 PREAMBLE We the people of Eritrea, united in a common struggle for our rights and common destiny: 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; and standing on the solid ground of unity and justice bequeathed by our martyrs and combatants; Aware that it is the sacred duty of all citizens to build a strong and advanced 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 an advanced country, it is necessary that the unity, equality, love for truth and justice, selfreliance, 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 CONSTIFPP.DOC 2/7/01 10:40 PM 522 N.C. J. INTL L. & COM. REG. [Vol 24 traditional community-based assistance and fraternity, love for family, respect for elders, mutual respect and consideration; Convinced that the establishment of a democratic order, through the participation of and in response to the needs and interests of citizens, which guarantees the recognition and protection of the rights of citizens, human dignity, equality, balanced development and the satisfaction of the material and spiritual needs of citizens, is the foundation of economic growth, social harmony and progress; Noting the fact that the Eritrean womens heroic participation in the struggle for independence, human rights and solidarity, based on equality and mutual respect, generated by such struggle 42
will serve as an unshakable foundation for our commitment to create a society in which women and men shall interact on the bases of mutual respect, solidarity and equality; Desirous that the Constitution we are adopting will be a covenant between us and the government, which we will be forming by our free-will, to serve as a means for governing in harmony this and future generations and for bringing about justice and peace, founded on democracy, national unity and the rule of law; Today, 23 May 1997, on this historic date, after active popular participation, approve and solemnly ratify, 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 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 recognised boundaries. 3. In the State of Eritrea, sovereign power is vested in the people, and shall be exercised pursuant to the provisions of this Constitution. CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 523 4. The government of Eritrea shall be established through democratic procedures to represent peoples sovereignty and shall have strong institutions, accommodating popular participation and serving as foundation of a viable democratic political order. 5. Eritrea is a unitary State divided into units of local government. The powers and duties of these units shall be determined by law. 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 based and by which it shall be guided and determines the organisation and operation of government. It is the source of government legitimacy and the basis 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, ail public and private associations and institutions and all citizens shall be bound by and remain 43
loyal to the Constitution and shall ensure its observance. 5. This Constitution shall serve as a basis for instilling constitutional culture and for enlightening citizens to 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. The detailed description of the Flag shall CONSTIFPP.DOC 2/7/01 10:40 PM 524 N.C. J. INTL L. & COM. REG. [Vol 24 be determined by law. 2. Eritrea shall have a National Anthem and a Coat of Arms 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 wording of any provision in this Constitution with reference to gender, 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 strive to establish a united and advanced country within the context of the diversity of Eritrea, they shall be guided by the basic principle unity in diversity. 2. The State shall, through participation of all citizens, ensure national stability and development by encouraging democratic dialogue and national consensus; and by laying a firm political, cultural and moral foundation of national unity and social harmony. 3. The State shall ensure peaceful and stable conditions by establishing appropriate participatory institutions that guarantee and hasten equitable economic and social progress. Article 7 - Democratic Principles 1. It is a fundamental principle of the State of Eritrea 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 appropriate institutions to CONSTIFPP.DOC 2/7/01 10:40 PM 44
1999] CONSTITUTION OF ERITREA 525 encourage and develop peoples initiative and participation in their communities. 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 position of leadership in the country. 5. The conduct of the affairs of government and all organisations and institutions shall be accountable and transparent. 6. The organisation and operation of all political, public associations and movements shall be guided by the principles of national unity and democracy. 7. The State shall create conditions necessary for developing a democratic political culture defined by free and critical thinking, tolerance and national consensus. Article 8 - Economic and Social Development 1. The State shall strive to create opportunities to ensure the fulfilment of citizens rights to social justice and economic development and to fulfil 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 enable all citizens to improve their livelihood in a sustainable manner, through their participation. 3. In the interest of present and future generations, the State shall be responsible for managing all land, water, air and natural resources and for ensuring their management in a balanced and sustainable manner; and for creating the right conditions to secure the participation of the people in safeguarding the environment. Article 9 - National Culture 1. The State shall be responsible for creating and promoting conditions conducive for developing a national culture capable of expressing national identity, unity and progress of the Eritrean people. 2. The State shall encourage values of community solidarity and love and respect of the family. 3. The State shall promote the development of the arts, science, CONSTIFPP.DOC 2/7/01 10:40 PM 526 N.C. J. INTL L. & COM. REG. [Vol 24 technology and sports and shall create an enabling environment for individuals to work in an atmosphere of freedom and to manifest their creativity and innovation. Article 10 - 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 45
producing quick 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 distinction among persons. 4. The State shall encourage equitable out-of-court settlement of disputes through conciliation, mediation or arbitration. Article 11 - Competent Civil Service 1. The Civil Service of Eritrea shall have efficient, effective and accountable administrative institutions dedicated to the service of the people. 2. All administrative institutions shall be free from corruption, discrimination and delay in the delivery of efficient and equitable public services. Article 12 - National Defence and Security 1. The defence and security forces of Eritrea shall owe allegiance to and obey the Constitution and the government established thereunder. 2. The defence and security forces are an integral part of society, and shall be productive and respectful of the people. 3. The defence and security forces shall be competent and be subject to and accountable under the law. 4. The defence and security of Eritrea depend on the people and on their active participation. Article 13 - Foreign Policy The foreign policy of Eritrea is based on respect for state CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 527 sovereignty and independence and on promoting the interest of regional and international peace, cooperation, stability and development. CHAPTER III: FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES Article 14 - Equality under the Law 1. All persons are equal under the law. 2. No person may be discriminated against on account of race, ethnic origin, language, colour, gender, religion, disability, age, political view, or social or economic status or any other improper factors. 3. The National Assembly shall 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 46
1. The dignity of all persons shall be inviolable. 2. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 3. No person shall be held in slavery or servitude nor shall any person be 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. CONSTIFPP.DOC 2/7/01 10:40 PM 528 N.C. J. INTL L. & COM. REG. [Vol 24 3. Every person arrested or detained shall be informed of the grounds for his arrest or detention and of the rights he has in connection with his arrest or detention in a language he understands. 4. Every person who is held in detention shall be brought before a court of law 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 held in custody beyond such period without the authority of the court. 5. Every person shall have the right to petition a court of law for a Writ of Habeas Corpus. Where the arresting officer fails to bring the person arrested before the court and provide the reason for his 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, speedy and public hearing by a court of law; provided, however, that such a court may exclude the press and the public from all or any part of the trial for reasons of morals or national security, as may be 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 of law. 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. (a) No person shall be subject to body search, nor shall his premises be entered into or searched or his communications, correspondence, or other property be interfered with, without reasonable cause. (b) No search warrant shall issue, save upon probable cause, 47
supported by oath, and particularly describing the place to be searched, and the persons or things to be seized. CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 529 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, including 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 peaceably together with others. 6. Every citizen shall have the right to form organisations for political, social, economic and cultural ends. 7. Every citizen shall have the right to practice any lawful profession, or engage in any occupation or trade. 8. Every citizen shall have the right to move freely throughout Eritrea or reside and settle in any part thereof. 9. 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 fulfils the requirements of the electoral law shall have the right to vote and to seek elective office. 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 disadvantaged. 3. Every citizen shall have the right to participate freely in any economic activity and to engage in any lawful business. 4. The State and society shall have the responsibility of identifying, preserving and developing, as need be, and CONSTIFPP.DOC 2/7/01 10:40 PM 530 N.C. J. INTL L. & COM. REG. [Vol 24 bequeathing to succeeding generations historical and cultural heritage; and shall lay the necessary groundwork for the development of the arts, science, technology and sports, thus encouraging citizens to participate in such endeavors. 5. The National Assembly shall enact laws guaranteeing and securing the social welfare of citizens, the rights and 48
conditions of labour 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 due 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 and dispose property, individually or in association with others, and to bequeath the same to his heirs or legatees. 2. All land and all natural resources below and above the surface of the territory of Eritrea belongs to the State. The interests citizens shall have in land shall be determined by law. 3. The State may, in the national or public interest, take property, subject to the payment of just compensation and in accordance with due process of law. Article 24 - Administrative Redress 1. Any person with an administrative question shall have the right to be heard respectfully by the administrative officials concerned and to receive quick and equitable answers from them. CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 531 2. Any person with an administrative question, 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 ones duty in national service; 4. advance national unity; 5. respect and defend the Constitution; 6. respect the rights of others; and 7. comply with the requirements of the law. Article 26 - Limitation Upon Fundamental Rights and Freedoms 49
1. The fundamental rights and freedoms guaranteed under this Constitution may be limited only in so far as is 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 democracy and justice; 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. The provisions of Sub-Article 1 of this Article shall not be used to limit the fundamental rights and freedoms guaranteed under Articles 14(1) and (2); 15; 16; 17(2), (5), (7) and (8); and 19(1) of this Constitution. Article 27 - State of Emergency 1. At a time when public safety or the security or stability of the CONSTIFPP.DOC 2/7/01 10:40 PM 532 N.C. J. INTL L. & COM. REG. [Vol 24 State is threatened by war, external invasion, civil disorder or natural disaster, the President may by a proclamation published in the Official Gazette declare that a state of emergency exists in Eritrea or any part thereof. 2. A declaration under Sub-Article 1 of this Article shall not become effective unless approved by a resolution passed by a two-thirds majority vote of all members of the National Assembly. A declaration made when the National Assembly is in session shall be presented within two days after its publication, or otherwise, the National Assembly shall be summoned to meet and consider the declaration within thirty days of its publication. 3. A declaration approved by the National Assembly pursuant to Sub-Article 2 of this Article shall continue to be in force for a period of six months after such approval. The National Assembly may, by a resolution of two-thirds majority vote of all its members, extend its approval of the declaration for a period of three months at a time. 4. The National Assembly may, at any time, by resolution revoke a declaration approved by it pursuant to the provisions of this Article. 5. A declaration of a state of emergency or any measures undertaken or laws enacted pursuant to it shall not: a. suspend Articles 14(1) and (2); 16; 17(2); and 19(1) of the Constitution; 50
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 there is no external invasion or civil disorder. Article 28 - Enforcement of Fundamental Rights and Freedoms 1. 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 that abolishes or abridges the fundamental rights and freedoms conferred by this Constitution, unless so authorised by this Constitution. Any law or action in violation thereof shall be CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 533 null and void. 2. Any aggrieved person who claims that a fundamental right or freedom guaranteed by this Constitution has been denied or violated shall be entitled to petition a competent court for redress. Where it 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 for such petitioner the enjoyment of such fundamental right or freedom, and where such applicant suffers 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: THE NATIONAL ASSEMBLY Article 30 - Representation of the People 1. All Eritrean citizens, of eighteen years of age or more, shall have the right to vote. 2. The National Assembly shall enact an electoral law, which shall 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 the 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 secret ballot of all citizens who are qualified to vote. 4. Members of the National Assembly are representatives of the Eritrean people as a whole. In discharging their duties, they 51
are governed by the objectives and principles of the CONSTIFPP.DOC 2/7/01 10:40 PM 534 N.C. J. INTL L. & COM. REG. [Vol 24 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. The term of the National Assembly shall be five years from the date of such first session. Where there exists a state of emergency which prevents a general election from being held, the National Assembly may, by a 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, the conditions for vacating their seats and other related matters 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 social justice of Eritrea; b. unless authorized pursuant to the provisions of this Constitution and law enacted by the National Assembly, no person or organisation shall have the power to make decisions 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 laws. 4. The National Assembly shall ratify international agreements by law. 5. The National Assembly shall have the power to approve government borrowing. 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 an absolute majority vote of all its CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 535 members, the President who shall serve for five years. 9. Pursuant to the provisions of Article 41(6)(a), (b) and (c) hereof, the National Assembly may, by a two-thirds majority vote of all its members, impeach or impeach and charge the President before the end of his term of office. 10. The National Assembly shall have the power to approve an 52
appointment pursuant to this Constitution. 11. The National Assembly shall establish a standing committee to deal with citizens petitions. 12. The National Assembly shall have the power to enact all resolutions and to undertake all such measures as are necessary and to 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 of its receipt, shall sign and have it published in the Official Gazette. Article 34 - Chairperson of the National Assembly 1. During the first meeting of its first session, the National Assembly shall elect, by an absolute majority vote of all its members, a Chairperson who shall serve for five years. 2. The Chairperson of the National Assembly shall convene all sessions of the National Assembly and preside at its meetings, and shall, during the recess, coordinate and supervise the operations of the standing and ad hoc committees and the Secretariat of the National Assembly. 3. The Chairperson 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 _________________ 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; CONSTIFPP.DOC 2/7/01 10:40 PM 536 N.C. J. INTL L. & COM. REG. [Vol 24 and that I will endeavour to the best of my ability and conscience for the unity and development of my country. Article 36 - Rules of Procedure in the National Assembly 1. The National Assembly shall have regular sessions and shall determine the timing and duration thereof. 2. At the request of the President, its Chairperson or one-third of all its members, the National Assembly shall convene emergency meetings. 3. The quorum of the National Assembly shall be fifty percent of all its members. 4. Except as otherwise prescribed by this Constitution, 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 Chairperson may exercise a casting vote. 5. The National Assembly shall issue rules and regulations 53
concerning its operations and tasks and the organisation of the standing and ad hoc committees and its Secretariat, as well as the rules governing the code of conduct of its members and transparency of its operations. Article 37 - Office of the National Assembly and Powers of its Committees 1. The National Assembly shall, under the direction of its Chairperson, have a Secretariat, which shall provide services to the National Assembly and its committees. 2. The various committees established pursuant to the provisions of Article 32(12) shall have the power to summon any person to appear before them to give evidence under oath or to submit documents. Article 38 - Duties, Immunities and Privileges of Members of the National Assembly 1. All members of the National Assembly shall have the duty to maintain the high honor of their office and to conduct themselves as humble servants of the people. 2. No member of the National Assembly may be charged for any crime, unless he be apprehended in flagrante delicto. CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 537 However, where it is deemed necessary to lift his immunity, such a member may be charged in accordance with procedures determined by the National Assembly. 3. No member of the National Assembly may be charged or otherwise be answerable for statements made or 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, immunities and compensation of the members of the National Assembly shall be determined by law; and all members shall be entitled to the protection of such immunities. CHAPTER V: THE EXECUTIVE Article 39 - The President: Head of State and Government 1. The President of Eritrea is the Head of the State and the Government of Eritrea and the Commander-in-Chief of the Eritrean Defence Forces. 2. The executive authority is vested in the President, which he shall exercise, in consultation with the Cabinet, pursuant to the provisions of this Constitution. 3. The President shall ensure respect of the Constitution; the integrity and dignity of the State; the efficient management of the public service; and the interests and safety of all citizens, including the enjoyment of their fundamental rights and 54
freedoms recognised under this Constitution. Article 40 - Qualification to be a Candidate to the Office of the President Any member of the National Assembly who seeks to be a candidate to the office of the 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 an absolute majority vote of its CONSTIFPP.DOC 2/7/01 10:40 PM 538 N.C. J. INTL L. & COM. REG. [Vol 24 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 the office of 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 Chairperson of the National Assembly shall assume the office of the President. The Chairperson shall serve as acting President for not more than thirty days, pending the election of 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 the President into ridicule, contempt and disrepute; and c. being incapable of performing the functions of his office by reason of physical or mental incapacity. 7. The National Assembly shall determine the procedures for the election and removal of the President from office. 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 the government; 2. subject to the provisions of Article 27 hereof, declare state of emergency, and when the defence of the country requires, martial laws; 3. summon the National Assembly to an emergency meeting and 55
present his views to it; CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 539 4. sign and publish in the Official Gazette 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. with the approval of the National Assembly, appoint ministers, commissioners, the Auditor-General, Governor 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. subject to the provisions of Article27(5)(b), reprieve offenders and grant pardon or amnesty; 13. establish such government ministries and departments necessary or expedient for the good governance of Eritrea, in consultation with the Public Service Administration, and dissolve the same; 14. preside over meetings of the Cabinet and coordinate its activities; 15. present legislative proposals and the national budget to the National Assembly; 16. confer medals or other honours on citizens, residents and friends of Eritrea in consultation with the relevant organisations and individuals. 17. Subject to the provisions of Article 52(1), remove any person appointed by him. CONSTIFPP.DOC 2/7/01 10:40 PM 540 N.C. J. INTL L. & COM. REG. [Vol 24 Article 43 - Immunity from Civil and Criminal Proceedings 1. Any person holding the office of the President may not be: a. sued in any civil proceedings, save where such proceedings concern an act done in his official capacity as President, in which case the State may be sued; b. charged with any criminal offence, unless he be impeached and charged under Article 41(6)(a) and (b) hereof. 56
2. After a President vacates his office no court may entertain any action against him in any civil proceedings in respect of any act done in his official capacity as President. 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 ___________ 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 presided over 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 national budget; c. conducting study on and preparing draft laws to be presented to the National Assembly; d. conducting study on and preparing the policies and plans of government. 4. The President shall issue rules and regulations for the organisation, functions, operations and code of conduct relating to the members of the Cabinet and the Secretariat of CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 541 his Office. Article 47 - Ministerial Accountability 1. All cabinet 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 operation of his ministry. CHAPTER VI: THE 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 57
Constitution and laws issued thereunder. 2. In exercising the judicial power, courts shall be free from the direction and control of any person or authority. Judges shall be subject only to the law, to a judicial code of conduct determined by law and to their conscience. 3. A judge shall not be liable to any suit for any act in the course of exercising his judicial function. 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 over by the Chief Justice. 2. The Supreme Court shall have: CONSTIFPP.DOC 2/7/01 10:40 PM 542 N.C. J. INTL L. & COM. REG. [Vol 24 a. sole jurisdiction of interpreting this Constitution and the constitutionality of any law enacted or any action taken 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 Article 41(6)(a) and (b) hereof; and c. the power of hearing and adjudicating cases appealed from lower courts pursuant to law. 3. The Supreme Court shall determine its internal organisation and operation. 4. The tenure and number of justices of the Supreme Court shall be determined by law. Article 50 - Lower Courts The jurisdiction, organisation and function 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 _____________ 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. 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 breach of judicial code of conduct. 58
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 the event that the Judicial Service Commission decides that a judge be removed from office, it shall present its recommendation to the President. CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 543 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 organisation, powers and duties of the Judicial Service Commission shall be determined by law. Article 54 - The Advocate General There shall be an Advocate General whose powers and duties shall be determined by law. CHAPTER VII: MISCELLANEOUS PROVISIONS Article 55 - 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 and shall be accountable to the National Assembly. 3. The detailed organisation, powers and duties of the Auditor General shall be determined by law. Article 56 - 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 whose members shall be appointed by the President. CONSTIFPP.DOC 2/7/01 10:40 PM 544 N.C. J. INTL L. & COM. REG. [Vol 24 3. The detailed organisation, powers and duties of the National Bank shall be determined by law. Article 57 - Civil Service Administration 1. There shall be established a Civil Service Administration, which shall be responsible for the recruitment, selection and separation of civil servants as well as for determining the 59
terms and conditions of their employment, including the rights and duties and the code of conduct of such civil servants. 2. The detailed organisation, powers and duties of the Civil Service Administration shall be determined by law. Article 58 - 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 administer 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 organisation, powers and duties of the Electoral Commission shall be determined by law. Article 59 - 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 the amendment with reference to a specific Article of the Constitution tabled to be amended; and b. where, one year after it has proposed such an amendment, the National Assembly, after deliberation, approves again CONSTIFPP.DOC 2/7/01 10:40 PM 1999] CONSTITUTION OF ERITREA 545 the same amendment by four-fifths majority vote of all its members.