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N.C. J. INT’L L. & COM. REG.
[Vol 24
State is threatened by war, external invasion, civil disorder or
natural disaster, the President may by a proclamation
published in the Official Gazette declare that a state of
emergency exists in Eritrea or any part thereof.
A declaration under Sub-Article 1 of this Article shall not
become effective unless approved by a resolution passed by a
two-thirds majority vote of all members of the National
Assembly. A declaration made when the National Assembly
is in session shall be presented within two days after its
publication, or otherwise, the National Assembly shall be
summoned to meet and consider the declaration within thirty
days of its publication.
A declaration approved by the National Assembly pursuant to
Sub-Article 2 of this Article shall continue to be in force for a
period of six months after such approval. The National
Assembly may, by a resolution of two-thirds majority vote of
all its members, extend its approval of the declaration for a
period of three months at a time.
The National Assembly may, at any time, by resolution
revoke a declaration approved by it pursuant to the provisions
of this Article.
A declaration of a state of emergency or any measures
undertaken or laws enacted pursuant to it shall not:
a. suspend Articles 14(1) and (2); 16; 17(2); and 19(1) of the
Constitution;
b. grant pardon or amnesty to any person or persons who,
acting under the authority of the State, have committed
illegal acts; or
c. introduce martial law when there is no external invasion or
civil disorder.
Article 28 - Enforcement of Fundamental Rights and
Freedoms
1.
The National Assembly or any subordinate legislative
authority shall not make any law, and the Executive and the
agencies of government shall not take any action that
abolishes or abridges the fundamental rights and freedoms
conferred by this Constitution, unless so authorised by this
Constitution. Any law or action in violation thereof shall be