Last week, the Law Library of Congress added four newly-issued Eritrean codes to its collection: the Civil Code, Civil Procedure Code, Penal Code and Criminal Procedure Code. We are grateful to the staff of the Library of Congress Field Office in Nairobi, Kenya, who made considerable efforts to acquire the material.
The issuance of these laws is a watershed moment in the country’s legal history; it marks the removal of some of the last vestiges of Ethiopian colonial rule. Eritreans lived under Ethiopian rule from 1962 through 1991. During this time, as one of fourteen Ethiopian provinces, the Eritrean territory and its people were governed by Ethiopian laws. This included the application of the six comprehensive Ethiopian codes issued in late 1950s through the mid 1960s: Penal Code (1957), Civil Code (1960), Commercial Code (1960), Maritime Code (1960), Criminal Procedure Code (1961), and Civil Procedure Code (1965).
The colonial period began during the reign of Emperor Haile Selasie I, who dissolved the Eritrea-Ethiopia federation in 1962 and annexed Eritrea. He ruled in Ethiopia (including Eritrea) until he was deposed in 1974. The old codes carry a reminder of this era, when the country was governed by a man who claimed to have been chosen for the position by a higher power. They included a preamble that listed the official titles of the Emperor: “Conquering Lion of the Tribe of Judah Haile Selasie I Elect of God, Emperor of Ethiopia…”
Following its independence in 1991, Eritrea did many of the things that new countries do, including issuing its own currency in 1997; however, it did not fully repeal and replace the Ethiopian laws that were in force at the time. Instead, Eritrea opted to enter into a transitional period in which it would continue using these codes, with some amendments, until it was ready to replace them. Twenty-four years later, the publication of the new codes marks a partial end to the transitional period. The issuance of a new commercial code (which is apparently forthcoming) and maritime code would complete the process.
It appears that the new codes, which were published in May 2015, have yet to take effect. The Eritrean government’s position on this phase of the process is unclear. While the issuance of the codes was not accompanied with an announcement regarding the exact date of implementation, in an interview with a state run media, the Minister of Justice, Ms. Fawzia Hashim, suggested that the codes had taken effect. However, there is evidence that the transitional laws that had been in place since independence continue to be applied. For instance, the Legal Tender Nakfa Currency Notes Regulations (No. 124/2015), which were enacted in November 2015, months after the publication of the codes, make reference to the transitional laws and not the new codes (art. 6). It is possible that the implementation process could take a few years to complete.
The acquisition of these codes is a boost to our collection on Eritrea and will enable us to continue providing accurate, authentic, and authoritative responses to research inquiries from all our patrons. Anyone interested in researching Eritrean laws is welcome to come to the Law Library to use these or any other materials in our collection, or to contact us for help.
Update (3/9/16): The original post incorrectly stated that Eritrea has published only an English version of the four new codes. This statement has now been removed from the post. The codes have been published in English, Arabic and Tigrigna, the three working languages of the Eritrean government.
Comments (5)
Regarding the english comment. I would like to inform you that every child in Eritrea in primary education is taught in his/her native tongue. Eritrea has 9ethnicities. Then after that in secondary all the way too college its all english/tigrinya some tigre/arabic as these are the working languages of the country. So the whole populace understands english especially those 40yrs or under. I visited not long ago to find my 16yr cousin extremely fluent in english reading/writing. She even writes me her letters to me (yes, ppl still write letters) in english saying it helps her get better. Just like korea/india/japan etc we take english as the secondary language. So having them in english first makes sense because the world will understand. In terms of tourists etc.., or even Eritreans who don’t know the mother tongue fully know their laws.
This aside tho these laws have been written in tigrinia and arabic so far from what i’ve seen.
Eritrawyan: Thank you for taking the time to comment. I have updated the post to correct the error.
Your reference to Eritrea as a colonial subject of Ethiopia is entirely off base. Eritrea was always a part of Ethiopia until the Italians annexed it. After some 80 years of Italian colonial rule, Eritrea decided they wanted independence despite the UN giving it back to Ethiopia.
Thank you hannibel here is a picture for refrernce where its also written in arabic http://4.bp.blogspot.com/-lgvVuPH2w_A/Vm0drz2us0I/AAAAAAAAOWs/2XF4lv0fTK8/s1600/code-civil-erythree.jpg
@andrew laurence.. mr laurence you couldn’t be further from the truth. Eritrea was always autonomous if you actually knew the history in detail. In the western view Ethiopia was all amhara ethnicity 100% christin. We know today this is a complete lie. Go and look at europeon and Eri/ethio maps stating both in writing and picture the autonomous state of hamasien republic and/or also midri bahri. Eritrea’s ancient name. There is much more i could talk about but i’ll leave you with one more fact. You in the west know ethiopian emperors where on the ground it was more like the warring states Era of china where different states existed 2 rivers separated eritrea/ethiopia so it was naturally also divided. Certain points in time Ethiopia had over 3 people calling themselves emperors. The Eritreans only knew their leader as “bahri negus” translates to sea king. This kind was chosen by all the clans that ruled Eritrea. The last bahri negus was Woldemichael Solomon. He was betrayed by the tigrayans and ultimately ended dying in captivity. I’ll leave it at that now but there is much more you just need to be willing to care. This is mostly before Italian treachery.
Mr Andrew Laurence, Eritreans are legal minded people. For that reason, our “Highi indaba” (Customary laws) allow me to beg and differ about your acertion that Eritrea had been part of Ethiopia, if it weren’t for the Italian annexation, you precised.
By the same token your precision begs that you should have consulted the UN,AU Charters.
In violation of these Charters (borders drawen by colonizers like in every continent and is not exclusivly or uniquely reserved to Eritrea borders) Eritrea had been annexed by Ethiopia and its alternating complices.
I am not certain whether your affirmation or denial is based on historical or legal -UN,AU Charters to mention some – background or knowledge or mere emotional defense of the “great ethiopia” that wage wars against small peaceful neighbouring nations. By which it measures its “greatness”!
Mr Andrew Laurence, now after reading this , I have high hope that you will be proactive and take an initiative that will help Ethiopia settle the border issue with its neigbour Eritrea. That will bring peace for the two peoples. Thank you.