never succeeded without women‟s exemplary participation. At independence Proclamation
1/1991, legally abolished all discriminations including that on the basis of sex and was
reflected in the Transitional Codes. The PFDJ National Charter of 1994 also asserts its
intrinsic relation with social justice and declares that „a society that does not respect the
rights and equality of women cannot bet truly liberated”. The 1997 Constitution also
recognized the heroic role of Eritrean women. Hence, it placed a strong importance to the
equality and rights of women and prohibited all forms of discrimination. The above
constitute the basic principles upon which the rights of Eritrean women are constituted.
297.
Accordingly, the National Codes consign equality before the law and prohibit any form
of discrimination based on sex, religion or any other creed. Women are accorded equal
opportunities to that of men in all legal matters including civil matters. Women‟s equal
rights is respected and protected in fulfilling contracts, administration of property,
maintenance and inheritance of family property, etc. They freely appear in courts in person
or through the services of the attorneys. The judicial system is also equally open for men and
women to work at any capacity. Moreover, Land Tenure Proclamation No. 58/1994
abolished the traditional system and ensured land rights of women, the Labor Proclamation
No.118/2001 provided legal protection of women in employment and the National Service
Act No.82/1995 ensured the right of participation above 18 years of age regardless of sex.
298.
On the other hand, the Macro Policy of the government underscored the development
perspectives on gender issues. Under the mandate of the Government, the National Union of
Eritrean Women (NUEW) also developed and implemented its own consecutive five year
National Plans of Action since 1999. Accordingly, women equality and empowerment is
mainstreamed in sector policies and programmes. Gender focal points also function in most
Ministries and government agencies. NUEW is an effective network of women
organizations within the country and in the Diaspora. The equal right and opportunity of
women is now a reality in all aspects of development and is sanctioned by national law and
women are both participants and beneficiaries in the development of the nation.
Question of Nationality/Citizenship
299.
The equal right of Eritrean women to acquire, change or retain their nationality is also
respected legally and under the Citizenship Proclamation No. 21/1992. The Constitution
under Article 3 on Citizenship also addressed the foundation for the right of citizenship.
Hence, all traditional and customary laws are revoked and citizenship right to children born
out of wedlock or from non-Eritrean father are respected and protected. The Citizenship
Proclamation also asserts that, Eritrean citizenship can be acquired by birth, by
naturalization, by adoption and by marriage and is equally applicable to men and women,
without discrimination. Accordingly, women obtain national passport and personal identity
card independently without the consent of their spouses. However, in case their children
require passport for travel, the consent of both parents is enforced. The consent of his/her
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