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Tuesday, August 9, 2022

Eritrea’s Rule of Law

Society needs to be governed by a State that generates power to defend it from aggressors and
resurrection, and to enforce the law. Good governance is when there are balances between
government power and institution that constrain the State power through Rule of law. State
power regulates and assures that Property rights, contract enforcement, citizen security, and
equal rights for women and ethnic minorities and rules of behaviour are in place. The rule of law
is law of the land that is binding to every person within a given society even the most politically
powerful or the wealthiest. Laws must be applied uniformly. If rulers can change the rule to suit
themselves then there is no rule of law. The law must be embodied separately from the
executive with its own institution: Judicial.

Rule of law had a long history in Eritrea’s traditional and cultural administration. The practice of
rule of law in Eritrea drives from morale qualities which was rooted in the elders. It’s believed
that the elders have inherited ability and have acquired enough experiences in judicial
practices. The elders as administrators endowed with traditional value in-conjunction with the
people were expected to exert efforts for the common good. The population represented and
embraced to the point where they meaningfully participated in the administration. Eritreans
believed, valued and practiced that humans should be regulated by morality. Correct ethical
attitude.

Law is the bases of stable government known to all; law provides an instrument to hold one
accountable to the individuals conduct and behaviour. In addition to the traditional moral norms
modern law is general, clearly stated, and impartial. These laws normalise human behaviour
being resolute primarily by incentives. To enhance the traditional institutions and bring about
modern governance Eritrea had to align its own practices. Modern government must publicise
its laws and apply it equally to the whole population impartially. Hence; a commission was
formed inclusive of international experts with the leadership of the justice ministry to study
alternative law models and published an extensive revised code in 2015 that contained new
provisions related to civil code, penal code, and Criminal Procedural Code. Eritrea has age-old
self-advanced customary laws be it criminal, civil, property, and contract enforcement that has
passed from generation to generation that were embodied into the new codes. Eritrean State
laws were achieved with efforts from stake holders, studies done on customary law, and
experiences of other Nations to ensure solid foundation for ensuring a secure, stable and
prospers Eritrea.

The Ministry Of Justice after consulting with local and international experts finalised its work in
2015. The rules are to the point, accessible and consistent with the values and aspiration of the
Eritrea people. The Law’s establishes the rights and duties of a person from birth. Judiciously
governing the relationships between private parties, its provisions contribute to ensuring social
justice, the acceleration of economic progress and development of the country, its peace and
stability as well as enhancing the unity of the societies. The Civil Code is coherent with the
historically acquired values and principles of the Eritrean society and is constant, foreseeable,
and firm in the administration of Justice. As a result of these exertions, nearly sixty years after
annexation of Eritrea by King Haile Selassie with the affirmation of the Western powers Eritrea
has become a far more law- governed bureaucratic society. Law has become the supreme.

Centralised governance with State autonomy exemplified with rule of law in a highly
institutionalised bureaucracy and that operates through clearly articulated rules brings
transformation for the better. Effective government is one that, its bureaucracy is built on the
concept of excellence and technically competence and not dependent on interest groups,
lobbyists and formal procedural constraints so that the groups interest supersedes and
prevents government from acting quickly. Governance that has autonomy and abides by the
rule of law serves public purposes by implementing policies much more quickly and
significantly.
Centralized governance with State autonomy exemplified with rule of law in a highly
institutionalized bureaucracy and that operates through clearly articulated rules brings
transformation for the better. Effective government is one that, its bureaucracy is built on the
concept of excellence and technically competence and not dependent on interest groups,
lobbyists and formal procedural constraints so that the groups interest supersedes and
prevents government from acting quickly. Governance that has autonomy and abides by the
rule of law serves public purposes by implementing policies much more quickly and
significantly.

The Eritrean Government leadership abides by the rule of Law, is corruption free, has good intention and is responsive to the broader provision of public services, economic growth and political stability. Inspired and encouraged by these values Eritrea will be a modern state in the very near future.

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