Wednesday 7 January 2015

The Eritrean Constitution of 1952 and that of 1997 compared: short outline

What do we know about the Eritrean Constitution of 1952 and that of 1997? This is just a very brief outline of both:

- The Eritrean Constitution of 1952 (EC 52) was ratified on the 11th of September, 1952, had 99 articles, the preamble opens with ‘In the name of almighty God’ while that of 1997 (EC 97) was ratified on 23rd May, 1997 and had 59 articles and opens with ‘We the people of Eritrea’. Oath in EC 52 ‘I undertake before almighty God; while in EC 97 ‘ I swear in the name of Eritrean martyrs…’

- EC 52: The constitution is on the principles of democratic government, the EC 97 is similar but clearly states that the state shall be a unitary state divided into units of local government.
- Electorate: in EC 52 were male, EC 97 males & females


- On languages: EC 52: States that Tigrinya and Arabic shall be the official languages & all other languages shall be permitted to be used in public life and for religious and educational purposes and for all forms of expression. The EC 97 simply states the equality of Eritrean languages 


- On property: EC 52: Property rights and rights of real nature, including those of the state lands, established by custom or law exercised in Eritrea by the tribes, the various population groups ..EC 97: All land, water and natural resources belongs to the state..


- State of emergency: in EC 52 declared by the assembly on the proposal of Chief Executive: In EC 97: President may declare it but will not be effective unless approved by the National Assembly


- EC 52 contains a chapter on the special rights of the various population groups in Eritrea – shall have the right to respect for their customs and their own legislation governing personal status & legal capacity while that of EC97 has articles on: National Unity & stability, and National culture


- On Electoral Commission: EC 52 to be appointed by the Supreme Court while in EC 97 it will be appointed by the President with the approval of the National Assembly

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Eritrean Constitution 1952 can be downloaded here:

http://www.mediafire.com/file/ynbmd1cuf9akc5a/The+Constitution+of+Eri

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Eritrean Constitution 1997 can be downloaded here:

http://www.mediafire.com/file/svz7y1ivb7vcere/Eritrean+Constitution+1997.pdf


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