Audrey Vorhees CAPSTONE

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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 Context29
Moving Forward....................36
Bibliography......38
Appendix: Eritrean 1997 Constitution...41

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Abstract

A recent study by Erica Chenoweth and Maria J. Stephan has found that nonviolent
movements are more successful than their violent counterparts. In light of this discovery, this
paper aims to design an effective nonviolent campaign for the Eritrean people to successfully
undermine the oppressive Afwerki regime, using Gene Sharps theories on nonviolence as a
means of analysis.

Introduction
Nonviolent revolutions have proven successful in resisting oppressive governments and
bringing about social change; in fact, a new study by Maria J. Stephan and Erica Chenoweth
found that nonviolent movements are more likely to be successful than their violent counterparts
for a number of reasons, including, but not limited to, gaining international sympathy and
encouraging defection of the opponents army or followers
1
.
This paper analyzes the current realities in Eritrea using Gene Sharps theories on
nonviolence and then designs a nonviolent movement for the Eritrean people against their
government, currently led by President Isaias Afwerki and the Peoples Front for Democracy and
Justice (PFDJ). In order to design an effective nonviolent movement, however, one must first
understand the theories surrounding nonviolence, the Eritrean conflict in its historical context,
and the Eritrean governments sources of power.
Literature Review: Theories Surrounding Nonviolence
Introduction:
Throughout history, peoples have demonstrated their objection to injustices by using
nonviolent methods, and several scholars have documented the effectiveness of civil resistance
in combating oppressive regimes and bringing about widespread social change. Far from

1
Erica Chenoweth and Maria J. Stephans Why Civil Resistance Works: The Strategic Logic of Nonviolence in
International Security, 2008
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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.
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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.
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In order to understand the theory surrounding nonviolence as a means of resistance, this
section provides a concise explanation of theories on how and why nonviolent movements work
as well as highlighting the recent scholarly research conducted by Erica Chenoweth and Maria J.
Stephan, which prove that nonviolent movements are generally more likely to be successful than
their violent counterparts in almost every situation.
Power and Struggle:
This proposal analyzes the potential effectiveness of a nonviolent movement against the
Eritrean government by adopting the strategies proposed by Gene Sharp in his short book How
Nonviolent Struggle Works. In creating a nonviolent movement, it is critical to understand the
governments sources of power.
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There are two schools of thought regarding power. The first is the monolithic view of
power, which states that power derives from those on high, with government officials, and ruling
elites (corporate, military, and official) , making it difficult to compromise or destroy. The
second school of thought is the social view of people power, which states that citizens give their
power to a government or corporation through our consumer purchases and consent and

2
Gene Sharps How Nonviolent Struggle Works, 2013. p. 111-120
3
Barbara Wiens chapter The Promise of Nonviolence, a New Stage in Human Evolution in the Peace Paradigms
textbook, 2012
4
Gene Sharps How Nonviolent Struggle Works, 2013.
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cooperation, which can be withdrawn.
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This paper operates under the assumption, as does Gene
Sharp, of a social view of power.
Gene Sharp outlines six sources of power for governments. A government often derives
power from multiple, if not all, of the sources, however, each of these sources remains
contingent upon societal cooperation; they are not intrinsic. The six sources of power are as
follows:
Authority/Legitimacy: The people must voluntarily accept that a system is valid and
that they should obey it
Human Resources: The number of people who actively support a system passively agree
with it, and support it in a variety of ways
Skills and Knowledge: If the human capital that supports a system or government has
considerable skills and knowledge, the government will have more power than if its
supporters were unskilled
Intangible factors: Psychological, religious, or ideological tendencies, or a cultural
tendency to be submissive all affect a governments level of power
Material resources: The degree to which a government, corporation or system controls
land, the nations economic system, and financial resources
Sanctions: sanctions may be violent or nonviolent. They may be punishments or
deterrents, and they exist to discourage disobedience rather than to achieve the objective
of the original command
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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

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Barbara Wien, The Promise of Nonviolence
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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.
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In the context of Eritrea, I believe that the most important factors as to why the Eritrean
citizens continue to comply with the Afwerki regime are fear of sanctions, self-interest, and
moral obligations. In order to create an effective nonviolent movement, it is imperative to
address these factors from the start. I will elaborate more on this concept in the following section
of the paper: What a Nonviolent Movement Would Look Like in an Eritrean Context.
Defining Nonviolence:
Nonviolent movements are anything but passive. They require direct action or withdrawal
of cooperation, demand exceptional discipline and coordination, and sometimes result in the loss
of ones safety, security, or freedom, requiring unwavering commitment to the cause.
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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.
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It is usually associated with revolutionary change. It is also an academic discipline, and
an energy field more intense than war.
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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
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Barbara Wiens The Promise of Nonviolence
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Michael True, The Tradition of Nonviolence in America, lecture, Peace Abby, Worcester MA, 2010
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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
intervention
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. For the purpose of this paper, we also divide noncooperation into social,
economic, and political noncooperation.
Protests and persuasion are usually public displays. They can be educational, symbolic,
or disruptive. They are an effective way to raise awareness about a campaign and show the
opponent/other the size of the movements supporters. Examples of protest and persuasion
methods range from the traditional march, protest gathering, or petition to incredibly creative
displays, songs, or theatrics. Sometimes a large-scale public demonstration is enough to force the
opponent to reconsider their stance, especially if they derive their power from public opinion.
All forms of noncooperation rely on people withdrawing their consent and/or
participation. For social noncooperation, for example, women in a particular society may refuse
to participate in sexual activities in protest of a war they disagree with morally. Economic
noncooperation is the most well-known form of noncooperation, and usually manifests in the
form of boycotts of a company, a particular good, or an establishment or in the form of strikes,
where workers (and occasionally employers) will refuse to work until a demand is addressed.
Political noncooperation involves citizens refusing to participate in the established political
processes. This can be a refusal to vote in elections, to participate in military conscription, or to
acknowledge the legitimacy of certain laws. The aim of noncooperation is not only symbolic

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Gene Sharps 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.
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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.
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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.
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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.
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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.
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Once the objectives and goals are clear, the next step in a movement is increasing cause-
consciousness or public awareness.
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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.

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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 members role in the movement.
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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.
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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.
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Gene Sharps 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-jitsu
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comes into play. This
phenomenon occurs when a campaign succeeds in its commitment to nonviolence in persisting
violent repression. The actions of the opponent are seen to be extreme, uncalled for, and can shift
the opinion of three major groups: uncommitted third parties (local or global), the opponents
usual supporters, and the general grievance group. When the opinions of one or more of these
three key groups is shifted favorably towards those participating in the nonviolent movement, the
balance of power in the conflict changes, giving the civil resisters the upper hand.
Patterns Across Successful Nonviolence Campaigns and Struggles
Shared characteristics and common traits can be found in many nonviolent successes. There
is always a danger in being reductionist, but finding discernable patterns can be useful. The
following descriptions are patterns which Barbara Wien identifies as common among successful
campaigns in her chapter on nonviolence.
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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 didnt want to bring the
British to their knees, I wanted to bring them to their senses. Black civil rights activists spoke
of creating the beloved community in partnership with Whites. Nelson Mandela provided
many face-saving measures and economic incentives to ensure that White Afrikaners were not
fearful of the new Black majority rule in South Africa and did seek to derail the nonviolent
revolution.
3. Vision. It is not enough to simply be against something, what do you stand for? It is crucial
in a nonviolent struggle to uplift people and offer a positive, life-affirming vision of the future.
Gandhi called this the Constructive Programme and felt it was in some ways even more
important than nonviolence itself.
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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.

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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."
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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."
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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/
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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 dont recognize the necessity of fierce discipline
and training and strategizing, and planning, and recruiting, and
doing the kinds of things you do to have a movement. That cant
happen spontaneously. It has to happen systematically.
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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

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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 ones own objectives
Resources and strength
Opponents objects, resources, and strength
Actual and possible roles of their parties
Opponents various possible courses and means of action
Ones own various courses of action
o Tactic: A limited plan of action, based on a conception of how best to utilize the available
means of fighting to achieved a restricted objective as part of the wider strategy
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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 Gandhis first action was always civil disobedience and
nonviolent direct action. In order to attain a goal Gandhi would go through three stages of 1)
persuasion, 2) sacrifice, and 3) noncooperation. However, if there was a chance for dialogue and
negotiation, he would stop the resistance and noncooperation stages to engage with his
opponents. His followers were sometimes confused and bewildered by these actions, but in truth
Gandhi was a man of negotiation and dialogue first, and did not believe in confrontations if there
was a chance to sit at the negotiating table. In any nonviolent struggle it is, thus, critically
important to have skilled negotiators, conflict resolution experts and mediators who can engage
the opponent at peak stages in a conflict to gain concessions and seek mutually-beneficial
outcomes. Protest is not sufficient. Negotiations must also be strategically and carefully planned
so as not to sell out the revolution. It is essential to recognize which participants in a nonviolent
struggle are best-equipped to represent the movement in this role.
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Sharp outlines four ways nonviolence campaigns have succeeded in the past:
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1. Conversion: Changes in the attitudes of the opponents which led to voluntary concessions.

27
Barbara Wiens The Promise of Nonviolence, a New Stage in Human Evolution in the Peace Paradigms
textbook published by American University, 2012
28
Gene Sharps How Nonviolent Struggle Works, 2013
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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.
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Barbara Wiens 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.
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In order to fully understand the
policies implemented by the Afwerki regime, one must first understand the context of the nation
in regards to its unique history.
Eritrean Independence
During the colonial period in Africa, Eritrea was ruled by the Italians. When the Italians
left in 1941, the British took control of the administrative duties in preparation for independence.
In 1952, Eritrea was deemed an autonomous region within the Ethiopian federation. 10 years
later, Ethiopia denied the region its autonomy and announced that Eritrea was an annexed
province. This sparked a brutal war for independence which lasted 30 years. The Eritrean
Peoples Liberation Movement (EPLF) was founded, which would later become the Peoples
Front for Democracy and Justice (PFDJ), the ruling (and sole) party of Eritrea post-
independence.
31
The extended violence over such a long period led to dehumanization and
distrust of the other side, and tensions remained extremely high between the two countries, much
like between the United States and the Soviet Union during the Cold War.
32

30
Eritrea. World Report 2014 by Human Rights Watch
31
Eritrea. The World Factbook by the CIA
32
Terrence Lyons The Ethiopia-Eritrea Conflict and the Search for Peace in the Horn of Africa. Review of African
Political Economy, Vol. 36, No. 120, (Jun., 2009), pp. 167-180.
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One Party System: Afwerki
After Eritreas independence was won and the war finally over, a transitional government
was established in 1993. The EPLF was renamed the Peoples Front for Democracy and Justice
(PFDJ), and became the ruling political party. After an election within the PFDJ, Isaias Afwerki
was elected the acting president of the transitional government. In 1997, Eritrea adopted a
constitution, which allows for a multi-party system, set a five year term, two term limit on the
president, and outlined certain basic rights that the government has to respect for its citizens.
Unfortunately, the adopted constitution has never been implemented. National elections have
been scheduled, but continue to be postponed.
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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.
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This war was incredibly detrimental to human rights in Eritrea. The governments anti-
Ethiopian fervor reached a new level, and nationalism became paramount. The government

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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
Afwerkis regime. These journalists have never been seen or heard from since. The day has come
to be known as Black Tuesday and effectively made Eritreas Ministry of Information the sole
source of news and information for the countrys citizens.
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According to Reporters Without Borders World Press Freedom Index, Eritrea is the
worst country in the world regarding press freedom, worse even than the infamous North Korea.
The organization has called Eritrea, along with North Korea and Turkmenistan black holes of
information, where the only source of news comes from government propaganda. Journalists
frequently flee the country to seek asylum from persecution at the hands of their government,
including journalists who work for the Ministry of Information.
36
Over 50 journalists have gotten
together to form the Association of Eritrean Journalists in Exile (AEJE), which tries to collect
information on Eritrean journalists in prison (they currently know of 31 journalists being

35
Association of Eritrean Journalists in Exile (AEJE). Black Tuesday: Justice Delayed: Justice Denied. Press
Release. 18 September 2012. Asmarino Independent. Web. 22 Feb 2014.
36
"World Press Freedom Index 2013." Reporters Without Borders, 2013. Web. 21 Mar 2014.
22

detained indefinitely without a trial) and advocates within the international community for their
release.
37

No Freedom of Religion/Assembly
Although there have always been many religions in Eritrea, following the 1998-2000
border conflict with Ethiopia, the Eritrean government announced four registered religions: the
Eritrean Orthodox Tewahedo Church, the Roman Catholic Church, the Evangelical Lutheran
Church, and Sunni Islam. All religious organizations are required to submit membership
information in order to obtain permits for assembly, or risk being raided during services and
members being arrested.
38

According to Eritrean law, any gathering of more than two people who are not family
members requires a permit. This allows police forces to break into private residences on the
suspicion of unlawful assembly at virtually any time. Amnesty International and Human Rights
Watch have both documented instances where police forces have entered gatherings in private
residences during weddings, private worshipping, and other religious meetings and detained
everyone in attendance with no official arrest record or access to the judicial system.
3940
Because
of these arbitrary arrests, the United States Department of State has listed Eritrea as a Country of
Particular Concern in regards to religious persecution.
Forced Conscription
Because of its recent history of military conflict with neighboring Ethiopia, Eritrea
maintains a mandatory, forced conscription into the Eritrean Defense Forces (EDF) for every

37
AEJE. Black Tuesday: Justice Delayed: Justice Denied.
38
Eritrea. Amnesty International Assessment of States Implementation of Recommendations
from the Previous UPR. Amnesty International. 7 Feb 2014. Web. 21 Mar 2014.
39
Eritrea. World Report 2014. Human Rights Watch. Web. 21 Mar 2014.
40
"Eritrea: Rampant Repression 20 Years after Independence." Amnesty International News.
23

male and female citizen.
41
The final year of secondary school is completed at a military training
center, and is required for admittance into university. After this training, there is a mandatory 4
years of service in the military, which is used for national reconstruction projects. In times of
war or conflict, the mandatory 4 years can be extended at the governments discretion. In
actuality, most soldiers end up serving much longer than the required period and a few refugees
have even reported being told their service would be indefinite. Those who refuse military
service are imprisoned, often without trials.
42

Imprisonment, Torture, and Lack of Trials
The Eritrean government has a history of imprisoning its citizens: journalists, religious
minorities, draft evaders, and anyone who disagreed with the government. Because of such
persecution, Eritreans have been fleeing the country across the porous border with Ethiopia by
the thousands. If someone gets caught, however, they are imprisoned indefinitely. Because there
are few records, it is hard to know exactly how many people are being detained. The reports
from the refugees who escape, however, are extremely troubling. They report neglect, physical
and mental torture, and appalling conditions. Their families are threatened. Some of the prisons
are essentially metal container units put under the ground in the desert, where people are left for
days to cook in the sun. A few prison guards have escaped, and report that there are guards for
the guards, to make sure they do not show any leniency towards the prisoners or help them
escape.
43

Conclusion

41
42
43
"Torture in Eritrea: "Every Night You Hear Shouts and Cries of People Being Beaten.""
Amnesty International News. Amnesty International, 2 June 2013. Web. 22 Feb. 2014.
24

Eritrea has had a history of conflict with its neighbor, Ethiopia, resulting in extremely
high tensions and a militarized state. The Peoples Front for Democracy and Justice, led by Isaias
Afwerki, has taken advantage of these tensions to monopolize control of the country and secure
its own power. It has constructed excuses to postpone the implementation of the constitution
adopted in 1997, and continues to use fear of imprisonment and torture as a weapon against its
own citizens. The conflict in Eritrea today is not one between Eritrea and Ethiopia, but instead
between the government of Eritrea and its citizens.
An Analysis of the Sources of Power for the Eritrean Government
Introduction
The eminent nonviolence theorist, Gene Sharp, outlines six sources in which oppressive
governments gain their power; authority and legitimacy, material resources, human resources,
skills and knowledge, sanctions, and intangible factors.
44
This section of the paper aims to
analyze these six sources in relation to the power of the Eritrean government under Isaias
Afewerki.
Authority/Legitimacy
The Eritrean Peoples Liberation Front (EPLF) became the de facto ruling party of the
State of Eritrea in 1991, with Isaias Afwerki at the presidency. In 1993, the UN ruled that the
party was the de jure ruling party, and the name of the group changed for the Peoples Front for
Democracy and Justice, or PFDJ. To date, the PFDJ is the sole legal political party in Eritrea,
and Isaias Afwerki is the current and only president in the countrys history. National elections
were set for 1995, but postponed until 2001. In 2001, however, elections were postponed

44
25

indefinitely because the government claimed 20% of the countrys land was under Ethiopian
occupation and would therefore be unable to participate in the voting process.
45

In 1997, a new constitution was ratified, but has yet to be implemented. This constitution
would give the majority of legislative power to a unicameral National Assembly, who is also
responsible for electing the president. However, the National Assembly has not met since 2002,
and many of its elected officials are currently in prison or have fled the country, effectively
giving President Afwerki unchallenged authority over national and international policies.
46

Dissidents of Afwerkis reign have rallied around the implementation of the 1997 constitution on
a national scale as a unifying call to action.
Human Resources
The Eritrean Defense Forces (EDF) are the Eritrean military, and utilize a mandatory,
forced conscription in order to operate. Every able-bodied citizen, male and female, is required
to participate in at least four and a half years of national service, one year of which is training. In
reality, most citizens are forced to serve for much longer periods of time, some describing
conscription as indefinite.
47

Although it seems as though the Eritrean Defense Forces would be the perfect catalyst for
a nonviolent movement, there is so much uncertainty surrounding service that the logistics of
organizing a movement are incredibly difficult. Soldiers report being in a constant state of flux
during their period of national service: all vocations are at risk of being relocated to any part of

45
Terrence Lyon The Ethiopian-Eritrean Conflict
46
47
26

the country at any time, often to unknown locations.
48
This constant shuffling means that any
sort of planning is incredibly difficult.
Skills and Knowledge
Many of the high-ranking PDFJ members, including President Isaias Afwerki have been
trained abroad in countries like China on communist and socialist leadership practices. They are
also allowed to travel outside of the country frequently for diplomatic meetings with
international officials, while the ordinary Eritrean citizen would struggle to obtain a visa to leave
the country legally.
49
This means that PDFJ members have a global perspective that is simply
unattainable for many working class, or even middle class Eritreans.
The government controls all education, including the education of teachers, and
education is usually geared towards understanding how ones contributions benefit the state. The
Ministry of the Interior also controls all media. Private media companies of any kind are banned
in Eritrea, and anyone suspected of running a newspaper or being a journalist for an international
news source is jailed.
50
Because of this control over education and media, the PFDJ effectively
holds a monopoly on information for its citizens. It is very difficult for a resident of Eritrea to be
aware of any information that the government does not want it hear. This control over
information has been integral in the government retaining its illegitimate power.
Sanctions
The government of Eritrea has been heavily critiqued by numerous watchdog groups, like
Amnesty International, for human rights abuses against its citizens. There are unjust laws which
restrict freedoms, such as freedom of assembly and freedom of religion, among others. Eritreans

48
Amnesty International News.
49
50
AEJE Black Tuesday: Justice Delayed: Justice Denied.
27

who are perceived as violating one of these unjust laws (whether the perception is valid or not)
are arbitrarily arrested and thrown in jail, often without a trial. There are numerous reports of
torture practices in Eritrean prisons, and many people who are arrested are never heard from
again.
51

On September 18, 2001, just days after the terrorist attack of 9/11, the government of
Eritrea arrested 31 journalists who were not working for the PFDJ. There was no record of their
arrest, and all of the journalists simply disappeared without record into some of the 365 prisons
located in the small country. Since that day, dubbed Black Friday or Black September by
dissenting Eritreans, many people have chosen to flee the country through the porous borders
with Sudan and Ethiopia rather than publically dissent against the actions of the government,
fearing serious repercussions against themselves or loved ones.
Even once granted asylum in a third country, like the United States, many Eritrean
refugees refuse to have their picture taken or name printed in any publications, for fear of the
image reaching the Eritrean government and causing harassment for family members remaining
in the country.
52

Material Resources
The inauguration of the GEDEM cement factory (a national project, in which the Eritrean
government own 100% of the factory shares) in 2011 has significantly contributed to the 8.5%
increase in Eritreas GDP since that year
53
. The Eritrean government also owns 40% of the Bisha
gold and silver mine in the northern part of the country, which has provided a significant source

51
Eritrea. Amnesty International Assessment of Recommendations
52
Personal interactions with Eritrean refugees while working with the International Rescue Committees
Resettlement team in Silver Spring, MD
53
GEDEM Cement Factory Goes Operational. Tesfa News. 30 Aug 2011. 21 Mar 2014.
28

of revenue for the country
54
. Despite that, however, the national GDP per capita was only 450
USD, nominally. This money is distributed unequally throughout the population, with
government officials and supporters of the PFDJ receiving disproportionate salaries and
bonuses.
55
Because of this, many people choose to remain actively involved with the government
and PFDJ for monetary factors, even if they disagree with policies or practices.
Intangible Factors
Because of Eritreas deeply rooted conflict of Ethiopia, dating back to colonial
imperialism, the government under Isaias Afwerki has been able to effectively use the collective
fear and mistrust of the neighboring Ethiopians as a justification for restricting the freedoms in
his own country. For example, he justifies restricting freedom of assembly and freedom of
speech by saying that it is a preventative measure to prevent Ethiopian espionage from gaining
hold within Eritrean borders and undermining Eritrean sovereignty.
56
Despite the absurdity of the
claims, the mistrust between Ethiopians and Eritreans cannot be denied or underestimated, and
plays a big role in understanding why many Eritreans refuse to overthrow Afwerki, for fear that
it may create a power vacuum which would provide Ethiopia with an opportunity to intervene in
the countrys affairs.
Conclusion
Despite the fact that the Peoples Front for Democracy and Justice under President Isaias
Afwerki has lost its legitimacy after refusing to implement the ratified 1997 constitution, it still
holds incredible power in the country, which is integral to understand if a nonviolent movement
against the government is to be effective. The government holds incredible human capital in the
form of the Eritrean Defense Forces, in which all able-bodied citizens are forced to serve. The

54
About: Bisha Mining Share Company. Bisha Mining Share Company. Web. 21 Mar 2014.
55
Doing Business in Eritrea 2014. The World Bank Group. Web. 21 Mar 2014.
56
Terrence Lyons The Ethiopian-Eritrean Conflict
29

government holds a strong monopoly on the dissemination of information, which makes it
incredibly difficult to spread unifying or dissenting messages to large groups of people. The
government is able to spread messages of fear against Ethiopians, creating a communal panic
among the people of Eritrea and a sense of necessity for a strong government as a means of
protection, especially in light of the relatively recent border dispute from 1998-2000. This sense
that the governments actions might be necessary for national security, added to the reality that
those who side with and actively support the government are better off economically, create a
reluctance to publically challenge the government in any way. Given the history of violence and
illegal and arbitrary arrests, that reluctance is only intensified, and many people (thousands every
month, according to UNHCR estimates) choose to flee the country rather than publically dissent.
What a Nonviolent Movement Would Look Like in an Eritrean
Context
Introduction
Eritreans have already begun a form of resistance, fleeing in mass exodus out of the
country through porous borders with Sudan. Once safely outside of the country, members of the
Diaspora have been speaking out against the human rights abuses of the Eritrean government,
participating in local demonstrations and protests as well as posting articles and creating
dialogue on the internet. However, the Diaspora quickly realized that those still in Eritrea could
not participate in such movements or speak out against the government, since such acts would
definitely result in arrest and imprisonment.
57

57
Warner, Gregory. "With Robocalls, Eritrean Exiles Organize Passive Resistance." NPR: World:
Africa. National Public Radio, 2 May 2013. Web. 24 Apr. 2014.
30

Through the internet, members of the Diaspora in London and California met and
developed a resistance movement which those still residing in country could participate. They
began placing phone calls to numbers they found in an Eritrean phone book that was smuggled
out of the country. They acquired Robocalling (the technology used by telemarketers to call
many numbers at a time), which they used to place mass phone calls to landlines in Eritrea.
58
The
message was simple; to ask people to stay home on Friday nights. Like in America, Friday night
is considered date night and is the night when many people would go out to dinner, shop, or
see a movie. The movement is called Arbi Harnet (Freedom Friday in Tigrinya) and had made
over 95,000 phone calls by May of 2013.
59
According to one of my recently arrived Eritrean
clients at the International Rescue Committee, who asked not to be named, Arbi Harnet/Freedom
Friday has become a household name, and he and about half of his friends would participate in
the movement, staying inside on Fridays as opposed to going out.
A few Eritreans have called back the number placing the automated calls, saying they are
ready to do more.
60
This section of the paper looks at potential next steps for a full-fledged
nonviolent resistant movement to come to fruition against the Afwerki regime. The revolution
would be ongoing and fluid to adapt to changing circumstances on the ground, would include
social and economic aspects both nationally and internationally, and would be considered a
success with the implementation of the 1997 constitution, Isaias Afwerkis resignation, and the
countrys first free and fair presidential election.
Challenging Injustices
Similar mass arrests and disappearances to what is ongoing in Eritrea today occurred in
Chile during Pinochets regime and Argentina during the Dirty War. During this time, mothers in

58
Gregory Warner With Robocalls
59
60
31

both countries rallied together and participated in mass protests outside of government buildings
and in the famous Plaza de Mayo in Buenos Aires, demanding information on their childrens
whereabouts.
61
In Chile, the protestors experienced severe backlash, and many of the mothers
were themselves disappeared. The group decided it was too dangerous to act out publically, so
they began anonymous protests, hanging banners and posters all over the city with pictures of the
disappeared and the words Donde estan? (Where are they?). The women also began creating
sewn scenes called arpilleras that depicted the acts of repression and horror that they were
witnessing in Chile and smuggling these pieces of cloth out of the country, which gained
international attention.
62

Because of the inevitable backlash that protestors would face if they protested publically
in Eritrea, a subterranean movement like that of the Madres de los Desaparecidos (Mothers of the
Disappeared) in Chile would be most appropriate in Eritrea. In addition to posters or images of
disappeared Eritreans, public displays demanding the enactment of the 1997 national constitution
would also be appropriate. It would be necessary to hang the banners or paint the messages in
such a way that they would be difficult to erase or take down, in order for the message to reach
the maximum amount of people. Dropping mass flyers in public places are another option for
spreading messages anonymously. Any or all of these tactics may be used to raise awareness
about the movement and give people information on how they can participate.
If backlash from the Afwerki regime makes such acts of protest too dangerous, Eritreans
can still continue with acts of civil disobedience through seemingly innocuous acts, like the
banging of pots and pans, coordinated freeze times (where everyone stops in their tracks for 1
minute), or the singing of a specific song while going about a routine schedule.

61
Kurtz, Lester. "The Mothers of the Disappeared: Challenging the Junta in Argentina (1977-
1983)." Movements and Campaigns. International Center on Nonviolent Conflict, July 2010. Web. 24 Apr. 2014.
62
"Arpillera: The Cloth of Resistance." Memory as Art. Royal Albert Museum. Web. 24 Apr. 2014.
32

Eritreans are already fleeing the country through the porous border by Sudan en masse.
63

It would be easy for them to begin to smuggle out evidence of injustices. In order to have the
greatest impact, artistic or visual depictions might be the most prudent. This could be in the form
of a photo campaign, or the smuggling out of handwritten pleas to foreign governments or the
UN for intervention. Members of the Diaspora should elect a representative to be the point
person for communications, who can distribute these smuggled images to the media and use
them to raise awareness about the cause. It would be a good idea if this person was someone who
has previous experience being in the media and who is already known by the international
community, like Meb Keflezighi
64
, for instance.
Meb Keflezighi, an American man whos family fled Eritrea when he was a child, just
won the Boston Marathon and has been in the news several times for his most recent
accomplishment as well as those in the past, including representing America in multiple
Olympics.
65
The Diaspora should reach out to him to be the face of this movement to the
international community. He can champion the cause, perhaps starting by wearing a symbol of
solidarity during his races and mentioning the movement during his post-race interviews. Later,
if he is comfortable with it, he can begin advocating for international support through national
and international media outlets and by personal conversations with world leaders.
Economic Pressure
The Eritrean people have already started to demonstrate their noncompliance with the
state of Eritrea through the Freedom Friday movement, where citizens remain home on Friday

63
Eritrea. World Report 2014. Human Rights Watch.
64
Foreman, Tom. "Runner Meb Keflezighi Almost Good as Gold." CNN U.S. Cable News Network, 15 Sept. 2012.
Web. 21 Mar. 2014.
65
Fantz, Ashley, Ray Sanchez, Holly Yan, and Jason Carroll. "A Year Later, Boston Marathon
Runners 'take Back That Finish Line!'" CNN U.S. Cable News Network, 21 Apr. 2014. Web. 24 Apr. 2014.
33

nights.
66
This movement could easily be expanded to include strikes from work. When the
Diaspora movement feels as though enough people have demonstrated interest in furthering the
movement, they can begin to send out messages through the Robocall asking people to stay
home from work on Fridays as well as staying in Friday nights. If this feels like too drastic a
measure to start out with, they can start by asking people to leave work early or come in late, and
allow the full-day weekly strike to come about organically over time, as the Norweigans did
against the Nazi regime during the occupation of their country in World War Two Worker
slow-downs and incomplete ship-building frustrated Nazi attempts at winning the war, but
could not be easily identified and punished. They were a form of resistance under the radar.
As the movement progresses and gains more followers, more drastic measures like
prohibiting further production at the GEDEM cement factory and Bisha gold and silver mines
would be prudent in applying economic pressure on the government and forcing them to at least
acknowledge, if not address, the movement and its demands. This hindrance of production could
be in the form of mass strikes, barricades, or sabotage, up to and including the destruction of the
factory and/or mines themselves. Sabotage of government methods of transportation would also
be an option to obstruct the daily government operations.
Challenges to the Movement
A huge challenge to the success of a nonviolent revolution in Eritrea is the lack of access
to information and communication channels. According to Human Rights Watch, as of 2012,
only 4% of the population has access to the internet, mainly through internet cafes in the capital
city of Asmara, where users are closely monitored.
67
This means that Facebook or other social
media sites will be effective in communicating throughout the diaspora community, but not

66
Gregory Warner. With Robocalls
67
World Report 2013. Human Rights Watch.
34

within Eritrea itself. There are no private television companies or radio companies, so all the
information disseminated through those mediums are censored by the Ministry of Information.
68

In January of 2013, a group of approximately 100 Eritrean soldiers stormed the Ministry
of Information and hijacked the television broadcasts, sending out a message stating that the
1997 constitution would be henceforth be put into effect.
69
The coup was not organized,
however, and the broadcast was interrupted shortly after it began. If it is possible to plan a
successful takeover of the Ministry of Information, the movement would have a much easier
means of reaching more of the population and coordinating events. If it is not feasible to take
over the Ministry of Information, it might be possible to hack into the cell towers and send out
mass messages to all the mobile phones within reach (similar to the emergency messaging
systems used in the United States and other developed countries). Both plans would require
technical skill, human capital, and extensive planning, and would only come to fruition with
great risk for those involved.
Another option available for communication within the country would be the acquisition
of their own satellites in an attempt to override the Afwerki regimes blackout to beam their own
messages of resistance. There are decommissioned or satellites with deteriorating orbits. Such
statellites have been donated by commercial companies or NASA to peace groups and the
University of Hawai so they could broadcast peace radio program across the Pacific Ocean.
Barring anything so ambitious and high tech, codes and written messages of resistance could be
wrapped inside food at the market, sewn into cloth and fabric (as spies did against Franco in
Spain during his dictatorship and African-Americans did against slavery in the underground
railroad in the U.S. in the 1800s),

68
69
"Eritrea Hits Back at Mutineers after they Storm Ministry. The National. Associated Press. 22
Jan 2013. Web. 21 Mar. 2014.
35

The primary means of communication for this movement is going to have to come from
the Diaspora outside the country and their Robocalls, at least in the early stages. This will mean
that the Diaspora should establish a clear message and goals and all be on the same page with
regards to their commitment to promoting nonviolence in the country. They will need to be
constantly checking in with members of the movement in-country to assess the progress and
adjusting the plan as the situation on the ground evolves.
Training in nonviolence of the diaspora and those who have fled across the border will be
crucial to the success of the movement. Hundreds of veteran nonviolence trainers assisted in the
preparation of protagonists in Serbia, Egypt, Yemen, Tunisia, Indonesia, the Philippines,
Guatemala, Chile and elsewhere. The storehouse of knowledge about nonviolence is growing
worldwide and can be found in the Global Nonviolent Action Database at Swarthmore
University with 900 case studies successful nonviolent campaigns and movements.
An example of mass nonviolence training can be found with the Great Peace March
across the U.S., which inspired a generation of anti-nuclear activists and resulted in songs, story
books, more training programs, and films.
70
In the late 1980s, a series of actions took place at
the Nevada test site. Rigorous training programs in nonviolent direct action were developed all
over the world, starting with Pacific Island populations after many of their offspring were born
with birth defects from the effects of radiation fallout from nuclear tests by the French.
Greenpeace sailed their small boats, zodiac rafts and ships in the nuclear test sites in the Pacific
and rode motorcycles in the Nevada sites to interrupt nuclear tests. Thousands were arrested. We
now have multiple efforts and legal agreements to halt the testing, spread and use of nuclear
weapons, such as the Atmospheric Test Ban Treaty, the Comprehensive Test Ban, and the
Nonproliferation treaty. The United States Congress has been an obstacle to the ratification of

70
The Great Peace March Part 1:The Journey Begins http://www.youtube.com/watch?v=_bMkRvf1oyk
36

these treaties. Ultimately, the U.S. government has halted any further testing of nuclear weapons
and has begun to reduce its stockpiles.
71

Conclusion
Given the circumstances surrounding the governments monopoly on information
dissemination, any revolution in Eritrea will need to be very decentralized, at least until they
develop or acquire a means of disseminating information on a mass scale. Protesters should have
a clear objective: in the case of Eritrea, this objective will most likely be to ensure the release of
political prisoners and the enactment of the 1997 constitution. In order to apply pressure to the
Afwerki regime and the Peoples Front for Democracy and Justice, economic endeavors need to
be affected, which will most likely be most successful through mass strikes or sabotage. The
final component of the revolution will be gaining international awareness of the issue, meaning
active involvement of the diaspora communities around the globe to obtain media attention.
Moving Forward
A large scale nonviolent revolution of the Eritrean people against their government has
the potential to bring about radical change and possibly overthrow the current oppressive regime,
led by President Isaias Afwerki. According to Maria J. Stephan and Erica Chenoweth, a
nonviolent revolution like the one described in this paper actually has a better chance at success
than one which utilizes violence. This commitment to nonviolence should be emphasized
publically every step of the way, especially since such a decentralized movement will struggle to
contact each and every supporter of the movement on an individual level.
A strong, focused diaspora community will be crucial to the success of the movement,
since they will be pulling the strings of the actors in-country. They will need extensive training

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 Sharps 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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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
522 N.C. J. INTL L. & COM. REG. [Vol 24
traditional community-based assistance and fraternity, love for
family, respect for elders, mutual respect and consideration;
Convinced that the establishment of a democratic order,
through the participation of and in response to the needs and
interests of citizens, which guarantees the recognition and
protection of the rights of citizens, human dignity, equality,
balanced development and the satisfaction of the material and
spiritual needs of citizens, is the foundation of economic growth,
social harmony and progress;
Noting the fact that the Eritrean womens heroic participation
in the struggle for independence, human rights and solidarity,
based on equality and mutual respect, generated by such struggle
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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.
1999] CONSTITUTION OF ERITREA 523
4. The government of Eritrea shall be established through
democratic procedures to represent peoples sovereignty and
shall have strong institutions, accommodating popular
participation and serving as foundation of a viable democratic
political order.
5. Eritrea is a unitary State divided into units of local
government. The powers and duties of these units shall be
determined by law.
Article 2 - Supremacy of the Constitution
1. This Constitution is the legal expression of the sovereignty of
the Eritrean people.
2. This Constitution enunciates the principles on which the State
is based and by which it shall be guided and determines the
organisation and operation of government. It is the source of
government legitimacy and the basis for the protection of the
rights, freedoms and dignity of citizens and of just
administration.
3. This Constitution is the supreme law of the country and the
source of all laws of the State, and all laws, orders and acts
contrary to its letter and spirit shall be null and void.
4. All organs of the State, ail public and private associations and
institutions and all citizens shall be bound by and remain
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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
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
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encourage and develop peoples initiative and participation in
their communities.
4. Pursuant to the provisions of this Constitution and laws
enacted pursuant thereto, all Eritreans, without distinction, are
guaranteed equal opportunity to participate in any position of
leadership in the country.
5. The conduct of the affairs of government and all organisations
and institutions shall be accountable and transparent.
6. The organisation and operation of all political, public
associations and movements shall be guided by the principles
of national unity and democracy.
7. The State shall create conditions necessary for developing a
democratic political culture defined by free and critical
thinking, tolerance and national consensus.
Article 8 - Economic and Social Development
1. The State shall strive to create opportunities to ensure the
fulfilment of citizens rights to social justice and economic
development and to fulfil their material and spiritual needs.
2. The State shall work to bring about a balanced and
sustainable development throughout the country, and shall use
all available means to enable all citizens to improve their
livelihood in a sustainable manner, through their participation.
3. In the interest of present and future generations, the State
shall be responsible for managing all land, water, air and
natural resources and for ensuring their management in a
balanced and sustainable manner; and for creating the right
conditions to secure the participation of the people in
safeguarding the environment.
Article 9 - National Culture
1. The State shall be responsible for creating and promoting
conditions conducive for developing a national culture
capable of expressing national identity, unity and progress of
the Eritrean people.
2. The State shall encourage values of community solidarity and
love and respect of the family.
3. The State shall promote the development of the arts, science,
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
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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
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
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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.
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,
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supported by oath, and particularly describing the place to
be searched, and the persons or things to be seized.
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
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
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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.
2. Any person with an administrative question, whose rights or
interests are interfered with or threatened, shall have the right
to seek due administrative redress.
Article 25 - Duties of Citizens
All citizens shall have the duty to:
1. owe allegiance to Eritrea, strive for its development and
promote its prosperity;
2. be ready to defend the country;
3. complete ones duty in national service;
4. advance national unity;
5. respect and defend the Constitution;
6. respect the rights of others; and
7. comply with the requirements of the law.
Article 26 - Limitation Upon Fundamental Rights and
Freedoms
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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
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;
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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
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
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are governed by the objectives and principles of the
Constitution, the interest of the people and the country and
their conscience.
5. The first session of the National Assembly shall be held
within one month after a general election. 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
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
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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;
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
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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.
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
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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
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;
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.
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
his Office.
Article 47 - Ministerial Accountability
1. All cabinet ministers shall be accountable:
a. individually to the President for the administration of their
own ministries; and
b. collectively to the National Assembly, through the
President, for the administration of the work of the
Cabinet.
2. The National Assembly or its committees may, through the
Office of the President, summon any minister to appear before
them to question him concerning the operation of his
ministry.
CHAPTER VI: THE ADMINISTRATION OF JUSTICE
Article 48 - The Judiciary
1. The judicial power shall be vested in a Supreme Court and in
such other lower courts as shall be established by law and
shall be exercised in the name of the people pursuant to this
57

Constitution and laws issued thereunder.
2. In exercising the judicial power, courts shall be free from the
direction and control of any person or authority. Judges shall
be subject only to the law, to a judicial code of conduct
determined by law and to their conscience.
3. A judge shall not be liable to any suit for any act in the course
of exercising his judicial function.
4. All organs of the State shall accord to the courts such
assistance as they may require to protect their independence
and dignity so that they may exercise their judicial power
appropriately and effectively pursuant to the provisions of this
Constitution and laws issued thereunder.
Article 49 - The Supreme Court
1. The Supreme Court shall be the court of last resort; and shall
be presided over by the Chief Justice.
2. The Supreme Court shall have:
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
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.
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
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.
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
the same amendment by four-fifths majority vote of all its
members.

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What Would a Nonviolent Resistance

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