The National Assembly

Chapter IV The National Assembly

Article 30: Representation of the People
  1. Any Eritrean citizen, of eighteen years of age or more, shall have the right to vote.
  2. The National Assembly shall enact an electoral law, which shall prescribe for and ensure the representation and participation of the Eritrean people.
Article 31 Establishment and Duration of the National Assembly
  1. There shall be a National Assembly which shall be a supreme representative and legislative body.
  2. The National Assembly shall be composed of representatives elected by the people.
  3. Members of the National Assembly shall be elected by direct and secret ballot by all citizens who are qualified to vote.
  4. Members of the National Assembly are representatives of the Eritrean peoples as a whole. In discharging their duties, they are governed by the objectives and principles of the Constitution, the interest of the people and the country and their conscience.
  5. The first session of the National Assembly shall be held within one month after a general election and its term shall be five years from the date of such first session. Where there exists a state of emergency which would prevent a normal general election from being held, the National Assembly may, by resolution supported by not less than two-thirds vote of all its members, extend the life of the National Assembly for a period not exceeding six months.
  6. The qualifications and election of the members of the National Assembly and the conditions for vacating their seats shall be determined by law.
Article 32: Powers and Duties of the National Assembly
  1. Pursuant to the provisions of this Constitution:
    • The National Assembly shall have the power to enact laws and pass resolutions for the peace, stability, development and good governance of Eritrea;
    • Unless, pursuant to the provisions of this Constitution or authorized by law enacted by the National Assembly, no person or organization shall have the power to make having the force of law.
  2. The National Assembly shall be bound by the objectives and principles of the Constitution, and shall strive to realize the objectives stated therein.
  3. The National Assembly shall approve the national budget and enact tax law.
  4. The National Assembly shall ratify international agreements by law.
  5. The National Assembly shall authorize government to borrow money pursuant to law.
  6. The National Assembly shall approve a state of peace, war or national emergency.
  7. The National Assembly shall have the power to oversee the execution of laws.
  8. The National Assembly shall have the power to elect, from among its members, by absolute majority vote of all its members, the President who shall serve for five years.
  9. Pursuant to the provisions of Sub-Article 6(a) and (b) of Article 41 hereof, the National Assembly, by a vote of two-thirds majority of all its members, shall have the power to impeach and charge the President before the end of his term of office.
  10. The National Assembly may approve the appointment of any person or persons pursuant to this Constitution.
  11. The National Assembly may pass such resolutions and undertake such measures as are necessary and establish such standing or ad hock committees as it deems appropriate for discharging its constitutional responsibilities.
Article 33: Approval of Draft Legislation

Any draft law approved by the National Assembly shall be transmitted to the President who, within thirty days, shall sign and have it published in the Gazette of Eritrean Laws.

Article 34: Chairman of the National Assembly
  1. In its first meeting, the National Assembly shall elect, by an absolute majority vote of all its members, a Chairman for five years.
  2. The Chairman of the National Assembly shall convene session of the National Assembly and preside at its meetings, and shall, during the recess, coordinate and supervise the operations of standing and ad hoc committees of the National Assembly.
  3. The Chairman of the National Assembly may be replaced by an absolute majority vote of all the members of the National Assembly.
Article 35: Oath

Every member of the National Assembly shall take the following oath:
"I, ..., swear in the name of the Eritrean martyrs that I will be faithful and worthy of the trust the Eritrean people placed on me; that I will uphold and defend the Constitution of Eritrea; and that I will endeavor to the best of my ability and conscience for the unity and development of my country without seeking or being enticed by private gain."

Article 36: Rules of Procedure in the National Assembly
  1. The National Assembly shall have regular session and shall determine the timing and duration of its regular session.
  2. At the request of the President, its Chairman or one-third of all its members, the National Assembly shall have emergency meeting.
  3. The quorum of the National Assembly shall be fifty percent of all the members of the National Assembly.
  4. Except as otherwise prescribed by this Constitution or other laws, any question proposed for decision of the National Assembly shall be determined by a majority vote of those present and voting, and in case of a tie of votes, the Chairman may exercise a casting vote.
  5. The National Assembly shall issue rules and regulations concerning its organization, tasks, operations and internal processes and those of the standing and ad hoc committees, including the rules governing the code of ethics of its members and transparency of its operations.
Article 37: Office and Committees of the National Assembly
  1. The National Assembly shall have a secretariat under the direction of its Chairman and committees for various fields of interest, as circumstance may dictate.
  2. The various committees established pursuant to the provisions of Sub-Article 1 of this Article shall have the power to call any person to appear before them to give evidence or to submit documents.
Article 38: Duties, Immunities and Privileges of Members of the National Assembly
  1. All members of the National Assembly shall maintain the high image of the National Assembly. They shall regard themselves as humble servants of the people and maintain close contact with them. 
  2. No member of the National Assembly or of its committees may be arrested or charged for any crimes he commits during the session of the National Assembly, unless he be apprehended in flagrant delicate. Nevertheless, where the National Assembly, by a majority vote of those present and voting, revokes his immunity, the member may be charged.
  3. No member of the National Assembly may be arrested or charged for words uttered or written statements submitted by him at any meeting of the National Assembly or any meeting of its committees or any utterance or statement made outside the National Assembly in connection with his duty as member thereof.
  4. The duties, responsibilities, immunities and compensation of the members of the National Assembly shall be determined by law; and all members shall be entitled to the protection of such immunities and shall perform the duties enumerated therein.