B. Political and Democratic Rights and Development
(i)
Progress in Legislative and Governance Priorities
23. As part of the effort to consolidate the rule of law, enforcement of the transitional codes and
proclamations, promotion of democratic rights, nurturing responsible participation and
respect of human rights has been perused. The National Charter has successfully driven the
development of state institutions, creation of national capacity and strengthening of the social
fabrics in the society. Hence, by taking stalk of where we came from and where we stand
now after surmounting all the challenges and hostilities in the last 20 years, a new political
road map has been declared in 2016. The internal dynamics of the nation as well as the
emerging global and regional realities have been considered significantly. This will set
direction for a consolidated trajectory in the political process and the governance system and
a systemic approach of national consultations is also planned for this purpose.
24. The writing of a new constitution was also initiated in May 2015. The development and
experiences of the last 20 years as well as the emerging situation and challenges of the
country are taken into consideration. This renewed effort is also initiated to strengthen the
political course stated earlier. It will also buttress the foundations of robust governance that
Eritrea had embarked on soon after independence but that was interrupted by the border war
and the ongoing existential external threats. As is always the practice, this is also a home
grown initiative driven by the internal dynamics and with the full ownership of the people.
25. Pursuant to Articles 2(4) (5) of the Legal Notice 14/993, the Ministry of Justice also reviewed
the transitional codes by establishing a Law Reform Committee. In the meantime, and to
strengthen the administration of Justice, Proclamations No. 166/2012, 167/2012, 168/2012 and Legal
Notice No. 120/2012 were promulgated in 2012 with the aim of enhancing access to and better
delivery of justice. The provisions encompassed changes in the jurisdiction of courts, refinement of
the procedural laws and the introduction of new laws for more effective enforcement. After 11 years
of work and consultations, the new Civil, Civil Procedure, Penal and Criminal Procedure
Codes were finally published on May 2015. Among the important attributes of the new National
Codes, the following are worth highlighting:
are human right centered reflecting the values of liberation, freedom, democracy
take into account Eritrea‟s rich traditions and cultural mores rooted in encoded, centuriesold Customary Laws which embody, inter alia, workable principles of penal law, based
on peaceful settlement of certain criminal acts in the new penal code
address the civil and political rights aiming to enhance access to better delivery of justice
efforts made to include such crimes sprouting out of the advancement in technology and
intricate interactions of human life in the 21st century (example computer crimes, crimes
commuted against aircrafts, advanced crimes related to narcotics, etc)
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