CHAPTER IV
THE NATIONAL ASSEMBLY
Article 30 Representation of the People
- All Eritrean citizens, of eighteen years of age or more, shall have
the right to vote.
- The National Assembly shall enact an electoral law, which shall
ensure the representation and participation of the Eritrean people.
Article 31 Establishment and Duration of the National Assembly
- There shall be a National Assembly which shall be a supreme representative
and legislative body.
- The National Assembly shall be composed of representatives elected
by the people.
- Members of the National Assembly shall be elected by direct and
secret ballot by all citizens who are qualified to vote.
- 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.
- 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.
- 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
- Pursuant to the provisions of this Constitution: a) The National
Assembly shall have the power to enact laws and pass resolutions for
the peace, stability, development and good governance of Eritrea;
b) Unless, pursuant to the provisions of this Constitution or authorised
by law enacted by the National Assembly, no person or organisation
shall have the power to make having the force of law.
- The National Assembly shall be bound by the objectives and principles
of the Constitution, and shall strive to realise the objectives stated
therein.
- The National Assembly shall approve the national budget and enact
tax law.
- The National Assembly shall ratify international agreements by
law.
- The National Assembly shall authorise government to borrow money
pursuant to law.
- The National Assembly shall approve a state of peace, war or national
emergency.
- The National Assembly shall have the power to oversee the execution
of laws.
- 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.
- 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.
- The National Assembly may approve the appointment of any person
or persons pursuant to this Constitution.
- The National Assembly may pass such resolutions and undertake such
measures as are necessary and establish such standing or ad hoc 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 of its receipt, shall sign and have
it published in the Official Gazette.
Article 34 Chairperson of the National Assembly
- During the first meeting of its first session, the National Assembly
shall elect, by an absolute majority vote of all its members, a Chairperson
who shall serve for five years.
- The Chairperson of the National Assembly shall convene all sessions
of the National Assembly and preside at its meetings, and shall, during
the recess, coordinate and supervise the operations of the standing
and ad hoc committees and the Secretariat of the National Assembly.
- The Chairperson of the National Assembly may be replaced by an
absolute majority vote of al the members of the National Assembly.
Article 35 Oath
Every member of the National Assembly shall take the following oath:
I,
., swear in
.that I will be faithful and worthy of the
trust the Eritrean people place on me; that I will uphold and defend
the Constitution of Eritrea; and that I will endeavour to the best of
my ability and conscience for the unity and development of my country.
Article 36 Rules of Procedure of the National Assembly
- The National Assembly shall have regular sessions and shall determine
the timing and duration thereof.
- At the request of the President, its Chairperson or one-third of
all its members, the National Assembly shall convene emergency meetings.
- The quorum of the National Assembly shall be fifty percent of all
its members.
- Except as otherwise prescribed by this Constitution, 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 Chairperson may exercise a casting vote.
- The National Assembly shall issue rules and regulations concerning
its operations and tasks and the organisation of the standing and
ad hoc committees and its Secretariat, as well as the rules governing
the code of conduct of its members and transparency of its operations.
Article 37 Office of the National Assembly
and Powers of its Committees
- The National Assembly shall, under the direction of its Chairperson,
have a Secretariat, which shall provide services to the National Assembly
and its committees.
- The various committees established pursuant to the provisions of
Article (32(12) shall have the power to summon any person to appear
before them to give evidence under oath or to submit documents.
Article 38 Duties, Immunities
and Privileges of Members of the National Assembly
- All members of the National Assembly shall have the duty to maintain
the high honor of their office and to conduct themselves as humble
servants of the people.
- No member of the National Assembly may be charged for any crime,
unless he be apprehended in flagrante delicto. However, where it is
deemed necessary to lift his immunity, such a member may be charged
in accordance with procedures determined by the National Assembly.
- No member of the National Assembly may be charged or otherwise
be answerable for statements made or submitted to 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
this duty as member thereof.
- 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.
Preamble |Chapter
I | CHAPTER II | CHAPTER
III | CHAPTER IV | CHAPTER V | CHAPTER
VI | CHAPTER VII |
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