Legal System of Eritrea

Eritrea is located in Africa. It is geographically situated in eastern africa, bordering the red sea, between djibouti and sudan. The country achieved independence on 24 may 1993 (from ethiopia). The capital is Asmara.

Government Overview

Government Type: authoritarian Chief of State: President ISAIAS Afwerki (since 24 May 1993) Head of Government: President ISAIAS Afwerki (since 8 June 1993) Cabinet: State Council appointed by the president Administrative Divisions: 6 regions (zobatat, singular - zoba); ‘Anseba, Debub (South), Debubawi K’eyyih Bahri (Southern Red Sea), Gash-Barka, Ma’ikel (Central), Semienawi K’eyyih Bahri (Northern Red Sea) National Holiday: Independence Day, 24 May (1991) Suffrage: 18 years of age; universal

Legal System

The legal system of Eritrea is described as mixed system of civil, customary, and Islamic religious law International Law: has not submitted an ICJ jurisdiction declaration; non-party state to the ICCt

Constitutional Framework

The constitution has the following history: ratified by the Constituent Assembly 23 May 1997 (never implemented) Amendment Process: proposed by the president of Eritrea or by assent of at least one half of the National Assembly membership; passage requires at least an initial three-quarters majority vote by the Assembly and, after one year, final passage by at least four-fifths majority vote by the Assembly

Judicial Branch

Highest Court(s): High Court (consists of 20 judges and organized into civil, commercial, criminal, labor, administrative, and customary sections) Judge Selection: High Court judges appointed by the president Subordinate Courts: regional/zonal courts; community courts; special courts; sharia courts (for issues dealing with Muslim marriage, inheritance, and family); military courts

Legislative Branch

The legislative structure consists of unicameral Note: note: in 1997, after the new constitution was adopted, the government formed a Transitional National Assembly to serve as the country’s legislative body until countrywide elections to form a National Assembly could be held; the constitution stipulates that once past the transition stage, all National Assembly members will be elected by secret ballot of all eligible voters; National Assembly elections scheduled for December 2001 were postponed indefinitely due to the war with Ethiopia; as of 2025, no sitting legislative body exists

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Eritrea Suffrage: 18 years of age; universal

Historical Background

Eritrea won independence from Italian colonial control in 1941, but the UN only established it as an autonomous region within the Ethiopian federation in 1952, after a decade of British administrative control. Ethiopia’s full annexation of Eritrea as a province 10 years later sparked a violent 30-year conflict for independence that ended in 1991 with Eritrean fighters defeating government forces. Eritreans overwhelmingly approved independence in a 1993 referendum.

This article provides a summary of the legal system and governmental structure of Eritrea based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.