Mass Media and Free Press in Eritrea
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adal

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Reply with quote  #1 

Selam Everyone,

Prof. Thank you for giving us the opportunity to discuss
our about unimplimented constitution. Our people and country are the unluckiest that are still governed by militarty rules up to now. Therefore, I would like to ask you the following questions.

   1.  How can Eritrea turned to the lawless country where people go to prison for more than 24 hour? Even with the old law.
 Are our people scared  of military generals or there is any reason behind of it?

      2.  What does the constitution say about the quota? Compare it with PFDJ system representing women in the national assembily?  How different is going to be in democractic Eritrea?

      3.  Most importantly how can we help our people to fight their right and bring democracy to Eritrea?
Thank you!
Haregu
      


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Eriwoman

Bereket

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Reply with quote  #2 

 

Dear Haregu,

I will answer your question on quotas, first.

The simple answer to your question is that the Eritrean constitution does not contain a provision on quotas.  What it does is lay down the principle of equality between men and women.  This general democratic principle of equality is further reinforced by a provision in Article 7(2) of the constitution. It states: "Any act that violates the human rights of women or limits or otherwise thwarts their role and participation is prohibited." Additionally, the constitution guarantees all Eritreans without distinction equal opportunity to participate in any position of leadership in the country (Article 7(4)).

 

A survey of world constitutions shows that very few of them constitutionalize quota requirement.  The majority deal with this through ordinary legislation. The reason for this is that quotas are political issues that can be changed in accordance with the demands of the times and are, therefore, more appropriately dealt with through legislation, which is easier to change than through constitutional provisions.  One thing that should be understood about constitutions is that being fundamental laws, they are permanent documents and that changing them through the method of amendments is deliberately made difficult. [Please refer to my response yesterday to the question of constitutional amendment].

 

My view is that the quotas that the PFDJ government has instituted will be continued for the foreseeable future.  The need for quotas will remain for  as long as women's position remain unequal, given the inherited social and cultural baggage.  Attempts were made during the liberation struggle to redress the balance but the post-independence times have seen a slide backwards.  We all need to study the reason for this and find out ways of reversing it and putting women's progress back on an track forward.

 

I will answer your two other questions together.  In one question, you wonder how Eritrea turned to be a lawless country and also ask why our people are scared of the military. In the other question you ask "how can we help our people to fight (for) their right and bring democracy to Eritrea.

 

The pat answer is, of course, we have to struggle.  No right is a gift; we have to fight for our hard-won rights.  But instead of giving you my own views, it will make more sense for me to answer by making reference to what Eritrean opposition groups have been doing in this respect. I am sure you are aware of the ongoing debate among Eritreans in the Diaspora on this very question, i.e. how to bring democracy in our country.  If you have been following the debate on the Internet over the last few years, especially since the year 2000, you will have fond numerous articles and other expressions of opinions, offering proposals that attempt to provide an answer to your question. You will also find that opinion is sharply divided between those who support PFDJ and those who oppose it. 

 

Since 2000, a number of opposition parties and civil society organizations have appeared in the United Sates, Canada and Europe, Africa and even as far as Australia, most of them opposed to PFDJ and offering their remedies to what ails our country, through political programs and articles explaining the programs. In recent years attempts have been made to bring some unity among the several opposition groups resulting n the formation of the Alliance they call Kidan in Tigrigna. However, they are still divided on some issues and have not made much progress towards creating a credible opposition camp that can seriously challenge the PFDJ regime and receive appropriate international support.  In this respect an interesting proposal has been offered by the AWATE team recently. It is worth reading and digesting; it is certainly worth for the leaders of the opposition groups to think seriously about the proposal. Space does not allow me to reproduce it here, but in essence they call on the various opposition groups to combine into two or three coalitions on the basis of their similar ideology as expressed in their respective programs.  

 

As for your question on our people's fear of the "General," it does not take a rocket scientist to discover that the PFDJ regime has militarized Eritrean society. The gun commands politics and society instead of the other way round, which is what should happen and happens everywhere else. The regional governors report to the generals and are beholden to them.  Lawlessness includes the ability of those who have the guns to determine the fate of citizens in almost all sphere of life.  An expression of militarization, of lawlessness, is the uncertainty of one's legal right and the fear that you may be summarily shot by an armed guard or cadre on the slightest provocation, particularly in the in the trenches. In other words, Eritrea's time-honored practice of having one's case decided by a neutral judge in accordance with well known procedures has been replaced by arbitrariness and uncertainty. 

 

So, off course people are afraid of "The Generals." They are scared to death. A culture of law and justice has been substituted by a culture of arbitrary decisions by people who are not answerable to anybody.

That is the picture one gets from reports coming out of parts of the country. The sad thing is that we had begun with so much promise and all this need not have happened.  How and why it got to this is indeed one of the most puzzling questions to which I cannot personally find an answer.  

 

rational

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Reply with quote  #3 

New topic

 

It  is a great honor to have a direct lecture/clarification from an internationally accredited professor of law. Thank you professor and thank you Adal! I will proceed to my questions:

  1. I accept the Constitution of Eritrea as a valid Constitution of Eritrea. This is because I can’t accept any above the law blessed by the people’s representatives, the Constituent Assembly. A constitution ratified by this body should be binding to all of us. Hence; I say Issaias, individually and not with the so-called government of his, is responsible for a commission of heinous crimes which is a violation of this supreme law of the land, i.e. the Constitution of Eritrea. Can we use this ground against Issaias after his imminent fall?

 

  1. The Constitution is blocked by the tyrant/Issaias and this makes Eritrea a country without law in the world. The expected era of rule of law is replaced by overrule of law, so what are the major damages that Eritrea has incurred  due to  the absence of the constitution both internally and internationally?

 

Thank you!

Rational.

 


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Rational
rational

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Posts: 2
Reply with quote  #4 

New topic

 

It  is a great honor to have a direct lecture/clarification from an internationally accredited professor of law. Thank you professor and thank you Adal! I will proceed to my questions:

  1. I accept the Constitution of Eritrea as a valid Constitution of Eritrea. This is because I can’t accept any above the law blessed by the people’s representatives, the Constituent Assembly. A constitution ratified by this body should be binding to all of us. Hence; I say Issaias, individually and not with the so-called government of his, is responsible for a commission of heinous crimes which is a violation of this supreme law of the land, i.e. the Constitution of Eritrea. Can we use this ground against Issaias after his imminent fall?

 

  1. The Constitution is blocked by the tyrant/Issaias and this makes Eritrea a country without law in the world. The expected era of rule of law is replaced by overrule of law, so what are the major damages that Eritrea has incurred  due to  the absence of the constitution both internally and internationally?

 

Thank you!

Rational.


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Rational
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