Constitution

Eritrea 1997 Constitution

Table of Contents

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 recognized 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.
  4. The government of Eritrea shall be established through democratic procedures to represent people’s 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 organization 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, all public and private associations and institutions and all citizens shall be bound by and remain 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 colors 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.