Eritrea 1997 Constitution

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 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:
   1. the National Assembly shall have the power to enact laws and pass resolutions for peace, stability, development and social justice of Eritrea;
   2. unless authorized pursuant to the provisions of this Constitution and law enacted by the National Assembly, no person or organization 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 realize 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 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 such laws and pass 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 endeavor 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 concerning its operations and tasks and the organization 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.