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What Would a Nonviolent Resistance

Movement Look Like in Eritrea?

Imagining a More Peaceful Society

Audrey Vorhees

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 Context………………………29

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 Sharp’s 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 opponent’s army or followers1.

This paper analyzes the current realities in Eritrea using Gene Sharp’s theories on

nonviolence and then designs a nonviolent movement for the Eritrean people against their

government, currently led by President Isaias Afwerki and the People’s 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 government’s 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. Stephan’s “Why Civil Resistance Works: The Strategic Logic of Nonviolence” in International Security, 2008

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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

government’s 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 Sharp’s How Nonviolent Struggle Works, 2013. p. 111-120 3 Barbara Wien’s chapter “The Promise of Nonviolence, a New Stage in Human Evolution” in the Peace Paradigms textbook, 2012 4 Gene Sharp’s How Nonviolent Struggle Works, 2013.

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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 government’s level of power

Material resources: The degree to which a government, corporation or system controls

land, the nation’s 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 command6

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

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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 one’s 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 Wien’s “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.

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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

intervention11

. 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 movement’s 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 Sharp’s “How Nonviolent Struggle Works”

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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 Sharp’s How Nonviolent Struggle Works 13 Gene Sharp’s How Nonviolent Struggle Works 14 Gene Sharp’s How Nonviolent Struggle Works

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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 Sharp’s How Nonviolent Struggle Works 16 Gene Sharp’s How Nonviolent Struggle Works 17 Gene Sharp’s How Nonviolent Struggle Works

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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 member’s 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 Sharp’s How Nonviolent Struggle Works 19 Gene Sharp’s How Nonviolent Struggle Works 20 Gene Sharp’s How Nonviolent Struggle Works (2013) p. 101

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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-jitsu21

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 opponent’s

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

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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 didn’t 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)

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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

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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

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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 don’t 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 can’t

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

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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 one’s 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

One’s 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

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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 Gandhi’s 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 Wien’s “The Promise of Nonviolence, a New Stage in Human Evolution” in the Peace Paradigms textbook published by American University, 2012 28 Gene Sharp’s How Nonviolent Struggle Works, 2013

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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 Wien’s “The Promise of Nonviolence…”

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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

People’s Liberation Movement (EPLF) was founded, which would later become the People’s

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.

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One Party System: Afwerki

After Eritrea’s independence was won and the war finally over, a transitional government

was established in 1993. The EPLF was renamed the People’s 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 government’s 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…”

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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

Afwerki’s regime. These journalists have never been seen or heard from since. The day has come

to be known as “Black Tuesday” and effectively made Eritrea’s Ministry of Information the sole

source of news and information for the country’s 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

½ years of service in the military, which is used for national reconstruction projects. In times of

war or conflict, the mandatory 4 ½ years can be extended at the government’s 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 People’s 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 People’s 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 People’s 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 country’s history. National elections

were set for 1995, but postponed until 2001. In 2001, however, elections were postponed

44 Gene Sharp’s How Nonviolent Struggle Works

25

indefinitely because the government claimed 20% of the country’s 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 Afwerki’s 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 one’s 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 Eritrea’s GDP since that year53

. 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 Committee’s 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 country54

. 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 Eritrea’s 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 country’s affairs.

Conclusion

Despite the fact that the People’s 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 government’s 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 Afwerki’s resignation, and the

country’s first free and fair presidential election.

Challenging Injustices

Similar mass arrests and disappearances to what is ongoing in Eritrea today occurred in

Chile during Pinochet’s 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 children’s

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 Keflezighi64

, for instance.

Meb Keflezighi, an American man who’s 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 regime’s 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 government’s 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 People’s 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

71 http://www.ctbto.org/specials/1945-1998-by-isao-hashimoto/

37

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 Sharp’s theories on nonviolence in

their resistance against the repressive Afwerki regime, they have the tools needed for a

successful nonviolent revolution.

38

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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.

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“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. INT’L 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 women’s 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 people’s 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. INT’L 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 people’s 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. INT’L 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. INT’L 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. INT’L 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 one’s 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. INT’L 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. INT’L 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. INT’L 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. INT’L 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

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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. INT’L 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

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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

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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. INT’L 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. INT’L 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.