Politics of Eritrea

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The politics of Eritrea and the government of Eritrea take place in the framework of a single-party presidential republican totalitarian dictatorship. The President officially serves as both head of state and head of government. The People's Front for Democracy and Justice is the only political party legally permitted to exist in Eritrea. The popularly elected National Assembly of 150 seats, formed in 1993 shortly after independence from Ethiopia, elected the current president, Isaias Afwerki. There have been no general elections since its official independence in 1993. A new constitution was drafted in 1993 and ratified in 1997, but has not been implemented. [1] Since the National Assembly last met in January 2002, President Isaias Afwerki has exercised the powers of both the executive and legislative branches of government.

Contents

Independent local sources of political information on Eritrean domestic politics are scarce; in September 2001 the government closed down all of the nation's privately owned print media, and outspoken critics of the government have been arrested and held without trial, according to domestic and international observers, including Human Rights Watch and Amnesty International. In 2004 the U.S. State Department declared Eritrea a Country of Particular Concern (CPC) for its alleged record of religious persecution.

Executive branch

Main office-holders
OfficeNamePartySince
President Isaias Afewerki PFDJ 24 May 1991

The President nominates individuals to head the various ministries, authorities, commissions, and offices, and the National Assembly ratifies those nominations. The cabinet is the country's executive branch. It is composed of 18 ministries and chaired by the president. It implements policies, regulations, and laws and is, in theory, accountable to the National Assembly.

The Ministries are:

Legislative branch

The legislature, the National Assembly appointed in 1993, includes 75 members of the People's Front for Democracy and Justice (PFDJ) and 75 additional 'popularly elected' members. Those elected by the general population must include 11 women and representation of 15 Eritreans not currently living in the state. [2] The National Assembly is the highest legal power in the government until the establishment of a democratic, constitutional government. Within the Eritrean Constitution, the legislature would remain the strongest arm of the government. The legislature sets the internal and external policies of the government, regulates the implementation of those policies, approves the budget, and elects the president of the country. Its membership has not been renewed through national elections, and its latest session was in January 2002. [3]

Lower Regional Assemblies are also in each of Eritrea's six zones. These Assemblies are responsible for setting a local agenda in the case that they are not overruled by the National Assembly. These Regional Assemblies are popularly elected within each region. Unlike the National Assembly, however, the Regional administrator is not selected by the Regional Assembly.

Political parties and elections

Eritrea is a single-party state run by the People's Front for Democracy and Justice (PFDJ). No other political groups are legally allowed to organize. The PFDJ's most recent party congress was held in January 2002, and its members have not met since. [3]

Legislative elections were set for 1997 and then postponed until 2001, it was then decided that because 20% of Eritrea's land was under occupation that elections would be postponed until the resolution of the conflict with Ethiopia. Local elections have continued in Eritrea. The most recent round of local government elections was held in May 2003. On further elections, the President's Chief of Staff, Yemane Ghebremeskel said, [4]

The electoral commission is handling these elections this time round so that may be the new element in this process. The national assembly has also mandated the electoral commission to set the date for national elections, so whenever the electoral commission sets the date there will be national elections. It’s not dependent on regional elections, although that might be a very helpful process. Multipartyism, in general principle yes, it is there but the law on political parties has to be approved by the national assembly. It was not approved the last time. The view from the beginning was that you don’t necessarily need a party law to hold national elections. You can have national elections and the party law can be adopted at any time. So in terms of commitment it’s very clear, in terms of the process it has its own pace, its own characteristics.

Eritrean opposition groups in exile

Regional issues

Eritrea has had rough relations with most of its neighbors in the 1990s and initiated both small-scale and large-scale battles against Sudan, Djibouti, Yemen and Ethiopia. Eritrea invaded the Hanish islands of Yemen, Sudan blamed Eritrea for attacks in Eastern Sudan, UN commission accused Eritrea for invading Ethiopia and Djibouti officials accused Eritrea for shelling towns in Djibouti in 1996. [6] [7] [8] [9] After this, Eritrea has made efforts to solve relations with Sudan and Djibouti, though relations with Yemen and Ethiopia remain sour. In 2008, an attack on Djibouti led by the Eritrean Army on the tip South end of the country led to several civilians being killed, and further international tensions. Eritrea abandoned the regional bloc IGAD which is membered by the four nations and Kenya. Due to the nature of its environment, many Eritreans risk their lives to flee the country and reach the Mediterranean and Europe. [10]

Judicial branch

The judiciary operates independently of both the legislative and executive bodies, with a court system that extends from the village through to the regional and national levels. Such isolation, in fact, can be seen in the judiciary’s exclusion from Proclamation no. 86/1996 for the Establishment of Regional Administration (PERA). PERA outlines the responsibilities and discretions of the legislative and executive branches but notably excludes the judiciary branch. [11] In addition to its separation, the constitution also upholds the courts to protect the meselat (rights), rebhatat (rights), and natznetat (freedoms) of government, organizations, associations, and individuals. [12] With regard to the legal profession, according to a 2015 source, [13] there is not a bar association in Eritrea. The Legal Committee of the Ministry of Justice oversees the admission and requirements to practice law. Although the source goes on to state that there have been female judges, there is no indication as to how demographic groups, such as women, have fared in the legal field.

Court Structure

The Eritrean judicial system is split into three different courts: the Civil Court, the Military Court, and the Special Court. [12] Indeed, each level possesses distinct characteristics and responsibilities to uphold the rule of law in Eritrea.

Civil Court

At the lowest level of the Eritrean judiciary, the Civil Court eases the pressures of the higher courts by ruling on minor infractions of the law with sums less than 110,000 nakfa, or 7,299 US dollars. [12] Notably, there are multiple divisions within the Civil Court; the structure has three tiers, the local "community courts," the regional courts and the national High Court.

The community courts work on the basis of the area, the local rules and customs. At the bottom tier, they operate on a single-judge bench system where only one judge presides over each case. Here, village judges are elected, though typically they are the village elders and do not possess formal training. [12] Although these judges mainly preside over civil cases, those who are well-versed in criminal law may rule on these kinds of cases, as well. [12] Within Eritrea, There are a total of 683 community courts across the country with the number of magistrates totalling to 2,049, i.e. 55 in the Central Region, 213 in the South, 178 in Gash-Barka, 109 in Anseba, 98 in the Northern and 30 in the Southern Red Sea regions." [14] If a dispute cannot be resolved in the community courts it can be appealed to the next level of judicial administration, the regional courts, natively known as Zoba Courts, which operate on a three-judge bench system. [12] The Zoba Courts adjudicate civil, criminal, and Shari’a law, the last of which handles cases regarding members of the Islam faith. [12] Decisions in the Zoba Courts can be appealed to the High Courts, which is primarily appellate in nature but also operates as a first-instance court for murder, rape, and serious felonies. This three-judge bench system holds jurisdiction in civil, criminal, commercial, and Shari’a law. [12] Final appeals from the High Court are taken to the Supreme Court with a panel of five judges. The president of this Supreme Court is the president of the High Court, as well, and is accompanied by four other judges from the High Court to interpret the law. [12]

Military Court

The Military Court composes another component of the Eritrean judicial system. The Military Court’s jurisdiction falls under cases brought against members of the armed forces as well as crimes committed by and against the members of the armed forces. [12] In addition, this court may also sentence military personnel that express criticism of the government. As one may expect, all presiding judges are veterans of the military. There are two levels to the Military Branch, but neither are appellate courts; in fact, the Eritrean High Court (from the Civil Court) fulfils this task. [12] Given the large presence and popularity of militarization in Eritrea, the Military Court embodies an “enormous - and unchecked - judicial importance in the country”. [12]

Special Court

The Special Court, the third and final element to the Eritrean judicial system, operates on a three-judge bench system and works under three themes: general criminal cases, corruption, and illegal foreign exchange and smuggling. [12] Judges in this branch are either senior military members or former members of the Eritrean People's Liberation Front, the leading group that fought for Eritrea’s independence from Ethiopia. [12] The Special Court is defined by its high level of autonomy and discretion; in fact, the Special Court operates in complete secrecy, so no published records of its procedures available. [12] Although the Office of the Attorney-General decides which cases are heard, judges are not bound by the Code of Criminal Procedure, Penal Code, or any precedence in law; rather, judges rely on their “conscience” to make most decisions. [12] Furthermore, the court can re-open and adjudicate cases that have already been processed through federal courts, allowing for the occurrence of double jeopardy. Judges can also, without limit, intensify punishments that the government sees as insufficient. [12] Moreover, during a trial, defendants are denied any form of representation and may even be asked to defend themselves in person. [12] Except for rare instances when appeals are made to the Office of the President, there are no ways to challenge the rulings that result from the Special Court. [12]

Discrepancies Within the Judicial System

By Constitutional measures, the law prohibits “indefinite and arbitrary” detention, requires arrested persons be brought before a court within 48 hours, and sets a limit of 28 days in which an arrested person may be held without being charged for a criminal offense. [12] However, this statute is often not practiced, especially in regard to political crimes. The Constitution also grants defendants the right to be present during the trial with legal representation for punishments exceeding ten years; yet, many lack the resources to retain a lawyer and the Eritrean judicial system lacks qualified lawyers who can serve as defense attorneys. [12] Although the High Court does uphold the right to confront and question witnesses, present evidence, gain access to government-held evidence, and appeal against a decision, the Special Court disregards the above qualities. [12] In addition, Eritrea’s absence of civil judicial procedures addressing human rights violations by the government contradicts Article 24 of the constitution that allows for this redress for citizens. [12] The last contradiction is of the judges, themselves. Of course, the judges are physically able, for Proclamation on the Establishment of Community Courts No. 132/2003 bars citizens with mental disabilities from standing for elections as judges; [15] however, judges do not receive training or do not have prior experience in law. Many are military men who form their decision based on conscience and the political values of the Eritrean Liberation Front (ELF). [12] Lastly, despite constitutional calls for an independent judiciary, the president of Eritrea continues to intervene in the judicial decision-making. [12]

Administrative divisions

Regions of Eritrea Eritrea regions numbered.png
Regions of Eritrea

Eritrea is divided into 6 regions (or zobas) and subdivided into approximately 55 districts or sub-zobas. The regions are based on the hydrological properties of area. This has the dual effect of providing each administration with ample control over its agricultural capacity and eliminating historical intra-regional conflicts.

The regions are included followed by the Sub-region:

Region(ዞባ) (location on map)Sub-region(ንዑስ ዞባ)
Central (Maekel Zoba) (Al-Wasat) (1)Berikh, Ghala Nefhi, North Eastern, Serejaka, South Eastern, South Western
Southern (Debub Zoba) (Al-Janobi) (2) Adi Keyh, Adi Quala, Areza, Debarwa, Dekemhare, Kudo Be'ur, Mai-Mne, Mendefera, Segeneiti, Senafe, Tserona
Gash-Barka (3) Agordat City, Barentu City, Dghe, Forto, Gogne, Haykota, Logo Anseba (Awraja Adi Naamen), Mensura, Mogolo, Molki, Omhajer (Guluj), Shambuko, Tesseney, Upper Gash
Anseba (4)Adi Teklezan, Asmat, Elabered, Geleb, Hagaz, Halhal, Habero, Keren City, Kerkebet, Sela
Northern Red Sea (Semienawi-QeyH-Bahri Zoba) (Shamal Al-Bahar Al-Ahmar) (5) Afabet, Dahlak, Ghelalo, Foro, Ghinda, Karura, Massawa, Nakfa, She'eb
Southern Red Sea (Debubawi-QeyH-Bahri Zoba) (Janob Al-Bahar Al-Ahmar) (6)Are'eta, Central Dankalia, Southern Dankalia

Foreign relations

External issues include an undemarcated border with the Sudan, a brief war with Yemen over the Hanish Islands in 1996, and a recent border conflict with Ethiopia.

The undemarcated border with Sudan poses a problem for Eritrean external relations. [16] After a high-level delegation to the Sudan from the Eritrean Ministry of Foreign Affairs ties are being normalized. While normalization of ties continues, Eritrea has been recognized as a broker for peace between the separate factions of the Sudanese civil war, with Hassan al-Turabi crediting Eritrea in playing a role in the peace agreement between the Southern Sudanese and the government. [17] Additionally, the Sudanese Government and Eastern Front rebels requested that Eritrea mediate their peace talks in 2006. [18]

A dispute with Yemen over the Hanish Islands in 1996 resulted in a brief war. As part of an agreement to cease hostilities the two nations agreed to refer the issue to the Permanent Court of Arbitration at the Hague. At the conclusion of the proceedings, both nations acquiesced to the decision. Since 1996 both governments have remained wary of one another but relations are relatively normal. [19]

The undemarcated border with Ethiopia is the primary external issue facing Eritrea. This led to a long and bloody border war between 1998 and 2000. As a result, the United Nations Mission in Ethiopia and Eritrea (UNMEE) is occupying a 25 km by 900 km area on the border to help stabilize the region. [20] Disagreements following the war have resulted in stalemate punctuated by periods of elevated tension and renewed threats of war. [21] [22] [23] Central to the continuation of the stalemate is Ethiopia's failure to abide by the border delimitation ruling and reneging on its commitment to demarcation. The stalemate has led the President of Eritrea to write his Eleven Letters to the United Nations Security Council, which urges the UN to take action on Ethiopia. Relations between the two countries is further strained by the continued effort of the Eritrean and Ethiopian leaders in supporting each other's opposition.

The 8–9 July 2018 took place the 2018 Eritrea–Ethiopia summit (also 2018 Eritrea–Ethiopia peace summit) in Asmara, Eritrea, between Eritrean President Isaias Afwerki and Ethiopian Prime Minister Abiy Ahmed and officials from the two countries.

The two leaders signed a joint declaration on 9 July, formally ending the border conflict between both countries, restoring full diplomatic relations, and agreeing to open their borders to each other for persons, goods and services. The joint statement was also considered to close all chapters regarding the Eritrean–Ethiopian War (1998–2000) and of the following Eritrean–Ethiopian border conflict (2000–2018) with sporadic clashes.

Related Research Articles

<span class="mw-page-title-main">History of Eritrea</span> Historical development of Eritrea

Eritrea is an ancient name, associated in the past with its Greek form Erythraia, Ἐρυθραία, and its derived Latin form Erythræa. This name relates to that of the Red Sea, then called the Erythræan Sea, from the Greek for "red", ἐρυθρός, erythros. But earlier Eritrea was called Mdre Bahri. The Italians created the colony of Eritrea in the 19th century around Asmara and named it with its current name. After World War II, Eritrea annexed to Ethiopia. Following the communist Ethiopian government's defeat in 1991 by the coalition created by various armed groups notably the EPLF and the TPLF among others, Eritrea declared its independence. Eritrea officially celebrated its 1st anniversary of independence on May 24,1993.

<span class="mw-page-title-main">Foreign relations of Eritrea</span> Overview of the foreign relations of Eritrea

The foreign relations of Eritrea are the policies of the Eritrean government by which it administers its external relations with other nations. Since its independence, Eritrea's foreign relations have been dominated by conflict and confrontation, both in the regional and international arenas. It has maintained often troubled, and usually violent, relations with its neighbors, including brief armed conflicts with Yemen and Djibouti and a destructive war with its bigger-neighbour, Ethiopia. At present, Eritrea has very tense relations with neighboring Ethiopia and Djibouti. Relations in the international arena also have been strained since the last decade, particularly with major powers. What appeared cordial relations with the US in the 1990s turned acrimonious following the border war with Ethiopia, 1998-2000. Although the two nations have a close working relationship regarding the ongoing war on terror, there has been a growing tension in other areas. Ties with international organizations such as the United Nations, the African Union, and the European Union have also been complicated in part because of Eritrea's outrage at their reluctance to force Ethiopia to accept a boundary commission ruling issued in 2002.

<span class="mw-page-title-main">Isaias Afwerki</span> President of Eritrea since 1993

Isaias Afwerki is an Eritrean politician and partisan who has been the president of Eritrea since shortly after he led the Eritrean People's Liberation Front (EPLF) to victory on 24 May 1991, ending the 30-year-old war for independence from Ethiopia. In addition to being president, Isaias has been the chairman of Eritrea's sole legal political party, the People's Front for Democracy and Justice (PFDJ). As Eritrea has never had a functioning constitution, no elections, no legislature and no published budget, Isaias has been the sole power in the country, controlling its judiciary and military. Hence, scholars and historians have long considered him to be a dictator, described his regime as totalitarian, by way of forced conscription; the United Nations and Amnesty International cited him for human rights violations. In 2022, Reporters Without Borders ranked Eritrea, under the government of Isaias, last out of 180 countries in its Press Freedom Index. In 2023 Eritrea ranked 174th out of 180 countries on the Press Freedom Index.

<span class="mw-page-title-main">People's Front for Democracy and Justice</span> Political party in Eritrea

The People's Front for Democracy and Justice is the founding, ruling, and sole legal political party of the State of Eritrea. The successor to the Marxist–Leninist Eritrean People's Liberation Front (EPLF), the PFDJ regards itself as a left-wing nationalist party, though it holds itself open to nationalists of any political affiliation. The leader of the party and current President of Eritrea is Isaias Afwerki. The PFDJ has been described as totalitarian, and under its rule Eritrea reached the status of the least electorally democratic country in Africa according to V-Dem Democracy indices in 2023.

<span class="mw-page-title-main">Regions of Eritrea</span> Geographical divisions of Eritrea

The regions of Eritrea are the primary geographical divisions through which Eritrea is administered. Six in total, they include the Central, Anseba, Gash-Barka, Southern, Northern Red Sea and Southern Red Sea regions.

<span class="mw-page-title-main">Elections in Eritrea</span> Political elections for public offices in Eritrea

There have not been national elections in Eritrea since independence in 1993. In theory, elections choose representatives from the country's six regions for the National Assembly. Elections would also occur to elect representatives for the country's regional assemblies and other posts within the country's districts. However, local elections have been regularly held in the past. Eritrea was least electoral democracy in Africa in 2023 according to V-Dem Democracy indices with a score of 0.073 out of 1.

<span class="mw-page-title-main">Southern Region (Eritrea)</span> Administration region in western Eritrea

Debub Region, also known as the South Region is an administrative region of Eritrea. The region was formed on 15 April 1996, from the historical provinces of Serae and Akele Guzai. It lies along a portion of the national border with Ethiopia. As of 2005, the region had a population of 952,100 compared to a population of 839,700 in 2001. The net growth rate was 11.81 per cent. The total area of the province was 8000.00 km2 and the density was 119.01 persons per km2. The highest point in Eritrea, is Mount Soira 3,018 m (9,902 ft), is located in the region, situated east of Senafe. It shares borders with Central Region in the north, Zoba Northern Red Sea in the east, Gash Barka in the west and Ethiopia in the south. It is the largest region in the country by population.

<span class="mw-page-title-main">Hanish Islands conflict</span> Dispute between Yemen and Eritrea

The Hanish Islands conflict was a dispute between Yemen and Eritrea over the island of Greater Hanish in the Red Sea, one of the largest in the then disputed Zukur-Hanish archipelago. Fighting took place over three days from 15 December to 17 December 1995. In 1998 the Permanent Court of Arbitration determined that the territory belonged to Yemen.

<span class="mw-page-title-main">National Assembly (Eritrea)</span> Unicameral legislature of Eritrea

The National Assembly of the State of Eritrea has 150 members, 75 members appointed and 75 members representing the members of the Central Committee of the People's Front for Democracy and Justice (PFDJ), the sole legal political party of Eritrea. According to the IPU, the National Assembly has 150 indirectly elected members. The National Assembly was composed in 1994, and its meeting place is located in Asmara.

<span class="mw-page-title-main">Regional Assemblies of Eritrea</span> Regional legislative body of Eritrean unicameral system

Lower Regional Assemblies of Eritrea are found in each of the six zones of the State of Eritrea. These Assemblies are responsible for setting a local agenda in the event that they are not overruled by the National Assembly. The Regional Assemblies are in turn popularly elected within each region.

Articles related to Eritrea include:

<span class="mw-page-title-main">Outline of Eritrea</span> Overview of and topical guide to Eritrea

Eritrea is a country in the Horn of Africa. Eritrea is the Italian form of the Greek name Ἐρυθραίᾱ, meaning "red [land]". With its capital at Asmara, it is bordered by Sudan in the west, Ethiopia in the south, and Djibouti in the southeast. The northeastern and eastern parts of Eritrea have an extensive coastline along the Red Sea, directly across from Saudi Arabia and Yemen. The nation has a total area of approximately 117,600 km2 (45,406 sq mi), and includes the Dahlak Archipelago and several of the Hanish Islands.

Eritrea is one of the three non-member states of the Arab League which adopted Arabic as a working language. Eritrea chooses not to be a part of the Arab League.

<span class="mw-page-title-main">Ethiopia–Sudan relations</span> Bilateral relations

Ethiopia–Sudan relations date back to antiquity. One of Ethiopia's principal trade routes ran west to Sudan and then to Egypt and the Mediterranean. Muslim merchants from Sudan have been an important part of Ethiopia's trade for many centuries.

<span class="mw-page-title-main">Eritrea–Sudan relations</span> Bilateral relations

Eritrea–Sudan relations have historically been tense, but have normalized in recent years.

<span class="mw-page-title-main">2018 Eritrea–Ethiopia summit</span> Bilateral summit of Ethiopia and Eritrea in 2018

The 2018 Eritrea–Ethiopia summit was a bilateral summit that took place on 8–9 July 2018 in Asmara, Eritrea, between Eritrean President Isaias Afwerki and Ethiopian Prime Minister Abiy Ahmed and officials from the two countries.

<span class="mw-page-title-main">Legal system of Eritrea</span> Overview of law in Eritrea

The legal systems of Eritrea go as far back as the 14th century. Before independence, Eritrea was colonized by Italy and later occupied by Britain, therefore subjugated to those nations' laws through the World War II era. In the 1950s, the United Nations gave neighboring Ethiopia power and responsibility for Eritrea, and thus its legal system mirrored that of Ethiopia. After gaining its independence in 1993, Eritrea began to draft its own constitution, which was implemented in 1997. Much of Eritrea's judicial system is spelled out in this Constitution. However, even today, customary law has remained the most prevalent law in the lives of most Eritreans.

The 1995 Ethiopian Federal Constitution formalizes an ethnic federalism law aimed at undermining long-standing ethnic imperial rule, reducing ethnic tensions, promoting regional autonomy, and upholding unqualified rights to self-determination and secession in a state with more than 80 different ethnic groups. But the constitution is divisive, both among Ethiopian nationalists who believe it undermines centralized authority and fuels interethnic conflict, and among ethnic federalists who fear that the development of its vague components could lead to authoritarian centralization or even the maintenance of minority ethnic hegemony. Parliamentary elections since 1995 have taken place every five years since enactment. All but one of these have resulted in government by members of the Ethiopian People's Revolutionary Democratic Front (EPRDF) political coalition, under three prime ministers. The EPRDF was under the effective control of the Tigray People's Liberation Front (TPLF), which represents a small ethnic minority. In 2019 the EPRDF, under Abiy, was dissolved and he inaugurated the pan-ethnic Prosperity Party which won the 2021 Ethiopian Election, returning him as prime minister. But both political entities were different kinds of responses to the ongoing tension between constitutional ethnic federalism and the Ethiopian state's authority. Over the same period, and all administrations, a range of major conflicts with ethnic roots have occurred or continued, and the press and availability of information have been controlled. There has also been dramatic economic growth and liberalization, which has itself been attributed to, and used to justify, authoritarian state policy.

<span class="mw-page-title-main">Foreign policy of the Meles Zenawi administration</span> Overview of foreign affairs dominated by Ethiopian Prime Minister Meles Zenawi

The following events detail foreign affairs dominated by Ethiopian Prime Minister Meles Zenawi from his presidency until his death in 2012.

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