Eritrea 1997 Constitution

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, color, 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

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 labor not authorized 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 offense 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 offense 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 offense 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 offense on which judgement has been rendered.

Article 18. Right to Privacy

1. Every person shall have the right to privacy.

2

1. 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.
2. No search warrant shall issue, save upon probable cause, 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 Organization

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 assembly and to demonstrate peaceably together with others.
6. Every citizen shall have the right to form organizations 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 fulfills 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 conditions of labor 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, anywhere 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 one’s duty in national service;
4. advance national unity;
5. respect and defend the Constitution;
6. respect the rights of others; and
7. comply with the requirements of the law.

Article 26. Limitation Upon Fundamental Rights and Freedoms

1. The fundamental rights and freedoms guaranteed under this Constitution may be limited only in so far as 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:
   1. be consistent with the principles of democracy and justice;
   2. be of general application and not negate the essential content of the right or freedom in question;
   3. 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:
   1. suspend Articles 14(1) and (2); 16; 17(2); and 19(1) of the Constitution;
   2. grant pardon or amnesty to any person or persons who, acting under the authority of the State, have committed illegal acts; or
   3. 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 authorized 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.