African Journal of Legal Studies 8 (2015) 237–272 brill.com/ajls Constitution Making in Eritrea: Why It Is Necessary to Go Back to the Future Joseph Eliot Magnet Faculty of Law, University of Ottawa, 57 Louis Pasteur, Ottawa, ON, Canada K1N 6N5
[email protected] Abstract Eritrea went through a constitutional process from 1995 to 1997, which resulted in a text that provides for the rule of law, democratic institutions and human rights. The text was ratified by the National Assembly, but never implemented. The United Nations, the USA and the EU support the 1997 Constitution. They have called on Eritrea to “(i)mplement (it) fully and without further delay”. This recommendation is challenged here. Eritrea is multi-ethnic, multi-religious and multi-lingual. The 1997 Constitution creates a highly centralized Stalinist structure that experience teaches does not work in deeply diverse democracies. Eritrea requires a power sharing constitution, fabricated in a proper nego- tiated process. Implementing the 1997 Constitution would likely bring Eritrea’s two large nationalities into conflict with its eight smaller nationalities with high risk for vio- lent civil strife that could spill over into neighbouring countries. This is concerning for geopolitics and would be devastating for human rights. Keywords African constitutional law – comparative constitutional law – constitution making – constitutional law – constitutional design – Eritrea – Eritrea constitution … © koninklijke brill nv, leiden, 2�16 | doi 10.1163/17087384-12342064Downloaded from Brill.com10/01/2021 05:53:02PM via free access 238 Magnet Between the strong and the weak, between the rich and the poor, between master and servant, it is freedom that oppresses and the law that sets free.