INTRODUCTION

The land of Eritrea has, over the centuries, been controlled by different powers, all of which have left an imprint on both official and informal sources of law and legal authority in the country. During the last century Eritrea has experienced five radical political transitions all involving shifts of judicial authority. Consequently, in order to achieve a comprehensive understanding of the current workings of the judicial system and the rule of law in Eritrea, it is crucial to have knowledge about the historical trajectories of law in the country.

This chapter will thus first outline how the sources of law and legal authority in Eritrea have evolved historically. Thereafter the legal transition after military liberation in 1991 and de jure independence in 1993 and the constitution-drafting process will be discussed. Emphasis is put on how human rights issues have been handled in these processes.

SOURCES OF LAW AND LEGAL AUTHORITY

During pre-colonial times (prior to 1890), part of the Eritrean territory fell under the political realm of the Abyssinian state (Ethiopia). Eritrean highland society (kebessa) in particular was an integral part of Abyssinian feudal structures, as the governor paid tribute to the prince (ras) of Tigray, who was in turn subject to the authority of the king of kings (neguse-nagast), the emperor of Abyssinia. Hence, many of the customary sources of law still operating informally in Eritrea derive from, or are influenced by, an Abyssinian tradition. This is particularly relevant to customary forms of land tenure (Tronvoll 1998a).