P-Party laws
Draft Proclamation on the Formation of Political Parties
and Organizations
Chapter One -
General Provisions
Article 1. Title
This Proclamation
may be referred to as the "Proclamation on the Formation of Political
Parties and Organizations No. 2001"
Article 2.
Definition
Unless given
another interpretation, in this Proclamation:
2.1 A political
party or organization refers to an association set up by Eritreans, on the
basis of the National Constitution and the regulations contained in this
Proclamation, with a view to attaining political authority in a peaceful manner
or undertake political and democratic activities to have a share in political
power;
2.2 'Constitution'
denotes to the Eritrean constitution;
2.3 State denotes
to the State of Eritrea
2.4 National
denotes to a person with Eritrean nationality;
2.5 People's
position, refers to any position, that is open to every citizen without any
distinction whatsoever;
2.6 'Commission'
denotes to the Commission specified under Article 58 of the Eritrean
constitution;
2.7 'Supreme Court' refers to the court specified under Article 49 of the
Eritrean Constitution
Chapter Two- Rights, Duties and Basic Principles of Political Parties and
Organizations
Article 3. Rights
3.1 In accordance
with the rights specified in the National Constitution and the principles and
guidelines outlined in this proclamation, every Eritrean citizen has the right
to set up a political party or organization or join any political party or
organization on his/ her own free choice or provide it support;
3.2 A political
party or organization formed in accordance with this proclamation is entitled
to participate in the nation's Political life ;
3.3 Any political party or organization shall have the right of access to or
own newspapers and other media organs that are authorized to function on the
basis of the country's Press Law in order to propagate its objectives and
political views as well as its programs and activities;
3.4 Any political party or organization is entitled to make use of public
venues in carrying out its activities, with the exception of the following:
· Sites and premises of Army, Security and Police organizations
· Sites and premises of Government institutions and administrative agencies
· Sites and premises of centres of learning with the exception of universities
and institutes of higher learning
· Sites and premises of hospitals and other places where medical services are
provided
3.5 Offices and buildings owned by a political party or organization and in
which it carries out its activities shall be exempt from all types of tax and
excise duty. The same applies to any asset owned by such a political party or
organization not related to trade and investment ventures.
3.6 Buildings and offices of a political party or organization as well as
documents and correspondences shall not be subject to investigation,
surveillance, search or confiscation except upon a supreme court decision.
Likewise, its right of immunity is guaranteed.
Article 4. Duties
Any political party
or organization that is authorized to operate in accordance with this
proclamation shall fulfil the following duties:
4.1 Honour the constitution and other laws emanating from it;
4.2 By rejecting resort to any act of conspiracy and inciting conflict as a
means of attaining or monopolizing political power, subscribe to peaceful
transition of power;
4.3 Refrain from establishing military or semi-military structures or provide
support to this effect through overt and covert means;
4.4 Refrain from any political activity or agitation aimed at promoting an
organizational method based on divisive factors such as religion, nationality,
language, ethnicity, gender, province and the like;
4.5 Follow an organizational strategy based on national level and not limit
membership to certain geographical area;
4.6 Ensure that it does not fall prey to serving the interests of an external
political authority or become its appendage;
Article 5 Basic Principles
Political parties
or organizations shall adhere to the following principles:
5.1 Defend the nation's sovereignty and territorial integrity as well as the
unity of its people;
5.2 Adhere to the rule of law and democratic norms, and thereby strive to
promote as well as consolidate these objectives;
5.3 Strive to safeguard the nation's peace, security and stability;
Chapter Three - Formation of a political party or organization
Article 6 Founders
The founders of a
political party or organization shall meet the following conditions:
6.1 Must bear Eritrean nationality, be at least 25 years of age and fulfil all
national obligations required by law;
6.2 Must be free of any major criminal charge;
6.3 Their numbers must not be less than one hundred ;
6.4 The permanent habitat of at least 85% of them must be inside Eritrea, and
the majority of these must be the residents of at least four administrative
regions;
6.5 In order that the composition and unity of the founders as well as their
ethnic and religious identities may reflect the pluralistic nature of the
Eritrean society:
a) At least 2/3 of them must originate from five nationalities at the minimum;
b) At least 1/3 of them must be followers of the Islamic or Christian faiths.
Chapter Four - conditions that need to be met by a political party
or organization
Article 7. Conditions Required
Any political party
or organization must meet the following conditions:
7.1 Its central office shall be inside Eritrea;
7.2 Conduct its congresses in Eritrea
7.3 Its organizational principles, objectives, program, constitution, internal
rules and regulations as well as leadership shall be openly declared and
approved by its members;
7.4 Must be clearly differentiated from other political parties or
organizations in terms of name, emblem and program;
7.5 Must immediately inform the commission in writing whenever it introduces
any changes in its constitution, program, internal rules and regulations as
well as leadership;
Article 8. Membership
Any individual
eligible for membership in a political party or organization:
8.1 Must be of Eritrean nationality;
8.2 Must be at least 18 years of age;
8.3 Must be one who has not been deprived of his political rights upon the
decision of a relevant court;
8.4 Must not be the simultaneous member of one or more political party or
organization at a specific time.
Chapter 5 Registration and Permission
Article 9: Request for Registration and Permission
Anyone who needs to
register and operate as a party or organization shall present requests to the
concerned authorities with the attachment of the following documents:-
9.1 A document that states the names, signatures, occupation, ID number,
nationality and religion of the founding members, and which is verified by the
concerned administrative authorities.
9.2 Documents that contain the constitution, programs and laws and regulations
of the party/organization
9.3 After the petitioner is informed that his/her petition has been accepted,
the petitioner will be provided with a provisional permission so that he/she
would present within 90 working days a document containing the support
signatures of 3000 constituents who have the right to vote and which is
verified by the concerned authorities.
Article 10: Registration Formalities
10.1 The Party to
whom the petitions are submitted, which processes, registers and accepts or
rejects the petitions that are referred in Article 9 of this Proclamation will
be an Election Commission that will be set up in accordance with Article 58 of
the Constitution.
10.2 The Commission that is referred under Clause 1 of this Article will
prepare registration request forms. The Commission, after processing the
petition on the basis of the request forms submitted to it, will notify the
petitioner in writing of the status (acceptance or rejection) of the request
within 30 working days from the day of submission.
10.3 After the petitioner is informed that his/her petition has been accepted,
the petitioner will be provided with a provisional permission so that he/she would
present within 90 working days a document containing the support signatures of
3000 constituents who have the right to vote and which is verified by the
concerned administrative authorities.
10.4 A petitioner who is not granted answers of whatsoever in writing from the
Commission within 30 working days for his/her requests will be provided with a
provisional permission to collect the support signatures referred under Clause
3 of this Article, considering that the request has been granted a de facto acceptance.
Article 11: Permission Granting Process
The Commission,
scrutinizing all the documents including the support signatures referred under
Clause 3 of Article 10, on the basis of the principles and provisions of this
Proclamation, will decide to grant petitioners permissions within 30 working
days from the day it accepted the support signatures. If the Commission
resolves to decline permission, it shall notify the petitioners of the reason
in writing.
Article 12: Right of Appeal
If a petition to be
registered and operate as a political party/organization is rejected by the
Commission and the petitioners are dissatisfied with the decision, they have
the right to appeal to the High Court within 60 days.
Chapter 6: Declaration of the Formation of Political
Party/Organization
Article 13: Legal Existence
A political
party/organization which is granted a permission to operate as a
party/organization will have a legal existence from the day it officially
acquires permission.
Article 14: Declaration of Leadership
The
party/organization that is formed shall, on the basis of its constitution,
declare its leadership and the division of work and authority among them, and
notify this to the Commission in writing.
Article 15: Leadership Venue
The permanent venue
of the higher leadership of any political party/organization shall be in
Eritrea.
Chapter 7: Banning or Dissolution of Political Party/Organization
Article 16: Banning/Dissolution
Banning or
dissolving of any political party/organization that has been granted permission
cannot be done with the administrative decision of any governmental bodies
except:-
16.1 The decision of the High Court
16.2 With the will of the majority of the party/organization itself
16.3 When the party/organization joins another party/organization with the will
of the majority of its members
16.4 When it fails, either independently or in coalition with others, to
nominate candidates in two consecutive elections for the National Assembly.
Article 17: Verdict to Ban or Dissolve
If a political
party/organization violates the principles and provisions of this proclamation:
17.1 The Commission can give the political party/organization a written warning
to correct its mistakes or depending on the degree the damage the offence could
cause can fill charges against the party/organization through the Office of the
Attorney General, asking the court to ban or dissolve the party/organization.
17.2 After scrutinizing the charges filled against a political
party/organization, the High Court:-
a) Can pass a verdict vindicating the accused
b) Can pass a verdict banning the activities of the accused
c) Proving the violation of Article 5 of this Proclamation, can pass a verdict
to dissolve the party/organization.
Chapter 8: Sources of Assets and their Administration
Article 18: Sources of Assets
The sources of
assets of any party/organization shall only be the folowing:-
18.1 Members' payment and contributions
18.2 Contributions from Eritrean sympathizers
18.3 Assistance from the Government if there is any
Article 19: Asset Administration
All assets of any
party/organization are public assets. Therefore, it shall be administered as
follows:-
19.1 Details of fixed and movable assets shall be submitted to the Commission
in writing.
19.2 The finance and property of any party/organization shall be recorded and
handled with a convenient system of auditing. Every year the record will be
audited with a certified auditor, and a copy of the report shall be submitted
to the commission.
19.3 If a political party/organization merges with another party/organization,
the letter will inherit the former's assets and shoulder its responsibilities.
19.4 If a political party/organization dissolves with the will of its members,
all its finance and property will be put into the National Treasury.
Chapter 9: Various
Regulations
Article 20: Interpretation
If a difference
arises in the interpretation of this Proclamation, it shall be the right of the
High Court to interpret the spirit and contents of the Proclamation.
Article 21: Right
to Issue Regulations
The Commission has the right to issue regulations for the
implementation of this Proclamation.
Article22: Amendment
Only the National Assembly has the right to amend this
Proclamation.
Article 23: Validity
The Tigrigna and Arabic versions of this Proclamation have
equal validity.
Article 24: Effective Date
This Proclamation shall enter into force on the date of
its publication in the Gazette of Eritrean Laws
