A. Legal and Institutional Drive for Development (i) Establishing the Political Basis 12. By Proclamation 22/1992, a nationwide and internationally supervised referendum was held in April 1993 with a 99.8% result YES vote for independence. The process and outcome demonstrated the level of consciousness, devotion and capability of the people and the leadership to build the nation. Hence, establishing a constructive environment and basis for nation building has been the major priority. In this respect, the National Democratic Programme of the Eritrean Peoples‟ Liberation Front (EPLF) during the liberation struggle formed the basis for the post-independence transformation. 13. After the referendum, the EPLF held its 3rd Congress in February 1994 and declared the National Charter and transformed itself into the Peoples Front for Democracy and Justice (PFDJ). As a political road map, the Charter outlined the vision of nation building and set guidance for the establishment of a constitutional democratic order. Accordingly, it defined the strategies on the political process, economic progress, cultural transformation and regional and international peace and security. The PFDJ thus shouldered the responsibility to mobilize and organize the people for national security, development and State formation. 14. The Government of Eritrea (GoE) was formed as per Article 4(6) (a) and (b) of Proclamation No. 37/1993. Subsequently, a Constitution Commission was also established by Proclamation No. 55/1994 and the drafting process initiated in 1994. This process was preceded by civic education and consultations and highly participatory by all segments and stakeholders inside the country and in the Diaspora. The Constitution was a home grown, indigenous process that emanated from the values enshrined in the National Charter. It also considered the rich written body of customary laws, some dating back to the 15th century. The Constitution was adopted on May 23, 1997 by an 862 member Constituent Assembly established under Proclamation No 92/1996 and constituted a milestone in the political process of nation building of independent Eritrea. This led to legislative elections for the National Assembly that took place at the end of 1997 after the adoption of the new Constitution and the national assembly was active until 2003. 15. The judiciary composed of hierarchical courts and Public Prosecution headed by an Attorney General developed steadily as per Proclamation No.1/1991. As is the case with all countries with civil law tradition, statues also became the major source of law in Eritrea immediately after independence. Proclamation No. 1/1991 on Transitional Judiciary Administration of justice set the establishment of the Transitional Laws. Accordingly all the existing laws were dropped. Entrusted by Article 2(4) and (5) of the Legal Notice 14/1993 to draft and codify laws, the Ministry of Justice developed the Transitional Laws. Until recently the transitional codes (Civil Code 2/91, Civil Procedure Code 3/91, Penal Code 4/91, Criminal Procedure 5/91, Commercial Code 6/91 and Maritime Code (7/91) became the source of law in Eritrea. Page 4 of 100

Select target paragraph3