16. The government also enacted and implemented 178 proclamations and 125 legal notices (72
proclamations and 82 legal notices of these enacted during the reporting period). These
served as other sources of law and also reflected the relevant internationally accepted norms.
The commitment to strengthen the State through viable governance is thus apparent. This is
in fact reflected in the prevailing social cohesion and harmony, peace and stability, dignified
life, enjoyment of rights and the responsible participation of citizens.
17. Furthermore, considering the situation of the newly born nation, a Special Court was formed
under Proclamation No 85/1996. The policy that underpinned its foundation is the positive
attitude of “zero tolerance to corruption”. It was created with specific mandates to investigate
corruption practices, abuse of power and misuse of public resources. On the other hand,
lower and higher military courts were established as per Articles 4(2) and 6 of Proclamation
No 1/1991. They deal, on first instance basis, on military offences of varying degrees of
severity. The Court of Final Appeal, the highest court in Eritrea, gives, on appeal basis, the
final verdict on cases appealed from the military courts. They continue to function with
prosecutors and judges, extracted from the military and trained in law.
18. The Macro Policy issued in November 1994 also charted the national development trajectory
and established the overall direction of the pragmatic development. It aimed at creating a
sustainable, export oriented and competitive economy. It aims for the establishment of an
efficient, outward looking, private sector led market economy, with the government playing a
proactive role to stimulate private economic activities and investment. Accordingly, various
sector policies, strategies and plans were developed to implement the macro policy. One of
the 12 National Development Objectives stipulated in the Macro Policy also asserts the
creation of “A free and sovereign state where human rights are respected”.
19. All the above efforts illustrate that the Legislative, Judiciary and executive branches of a new
State progressively developed ascertaining the prevalence of the rule of law in the country.
The political trajectory contemplated in those days was to further enact subsequent laws on
the development of political processes and institutions but were not completed at the time.
This natural political process of nation building in the broadest sense of the term was
interrupted by the border war with Ethiopia that erupted in May 1998 and the subsequent ongoing existential external threats and belligerencies against Eritrea. The costly war with
Ethiopia as well as dire conditions of perennial belligerency that ensued in its aftermath has
thus adversely affected the tempo and pace of the process. Elections (except local and
regional levels) were consequently kept on hold as priorities changed and the country had to
grapple, first and foremost, with existential issues of preserving its sovereignty and territorial
integrity.
(ii)
International and Regional Instruments and Treaties
20. The GoE has signed and ratified more than 108 International Conventions and Instruments.
These include 83 accessions (7 of which are human right instruments), 19 ratifications and 6
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