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Eritrean Government in Exile – Eritrea-GiE

Introduction

In late 2002, Ethiopia, Sudan and Yemen announced that they would assist the Eritrean opposition parties in exile at the state level. The opposition forces, meanwhile, held a meeting in Addis Ababa that lasted nearly two months. They came under the united umbrella of the Eritrean National Alliance. These countries then signed an agreement in what is customarily called the Sanaa Forum. As a final step, the coalition of opposition parties and the Senate Forum came into operation. However, it wasn’t implemented as expected. 

Soon the countries beyond Sanaa invited the leaders of the National Alliance to Khartoum. Yes, the leaders of the Sana’a Forum invited the Eritrean opposition leaders to President Bashir’s compound for discussions and dinner. The next day, the Alliance leaders called a meeting of the withdrawn force and the EPLF opposition and declared solidarity.

The opposition forces formed an umbrella called the Alliance. Until the story is told in its entirety, one factor needs to be mentioned. That is the warning pointed out by a very high-ranking Sudanese government minister at the closing session: ”We will open the arms depots and the treasury of the Sudanese state for you, but if your struggle does not show positive results within two years, our aid will be cut off. As an addition, ”However, Sudan is your country and you are free to live as ordinary citizens,” he concluded. Two years later, the Sanaa Forum collapsed for its own sake, and the journey of opposition collapsed. Because of the blind ego of self- aggrandisement; the monsters of the PFDJ’s and it’s spies lurking within the parties, the only solution of the state was stumbled in exile.

Concerns of Eritreans in Exile

There are those who reject the government in exile vision of immigration out of concern, some of which resemble the views described below:

  • Will the governments of the world know about us?
  • would there be any country that supports us?
  • Will they allow us to open offices?
  • will they offer us financial and diplomatic support?
  • When there is a government established why seek government in exile?

Because of the mass flow of Eritrean refugees and endless internal and external wars, the countries of the world know that there is no responsible governance in Eritrea, so there is tendency a prejudice against Eritreans. As for the threat of civil war, the Eritrea – GiE is indeed  would become the cornerstone of peace.

The aforementioned questions stem from the experience of the Sanaa Forum. Let alone the experience of the Sena’a Forum, such experience will not reappear where the simple relationship between the TPLF and the opposition parties has been re-established. Let’s consider the first one as a purely better experience, but now let’s do what the future works holds for us.

A government in exile would have some weight by the international community once recognition and legitimacy established on the ground, not beforehand.

Government in exile achieves international legitimacy only when a democratically elected leadership is established. Before that, why ask for legal recognition?

The process of government in exile will be based once it embraces the digital technology and harness all the advantages emanating from this technology.

If the government in exile is democratically established and political observers and prominent media representatives will be  invited to witness and the government is led by democratic and competent Eritreans, we are likely to overcome the problems we face.

There are also those who say that the people of Eritrea should be united by a national assembly. But the National Congress is doing double fighting, so let us all arm ourselves in exile and seize the government de facto in Asmara and save our country.

The need for government in exile

The main need of the government in exile is to save the people of Eritrea from destruction. So far, no leadership has been built to implement this central goal. What was called the liberated land during the struggle, after independence the whole of Eritrea was established as a liberated land, not as a country. Our youth are sold like goats or swallowed by the sea, and the rest are excused. Countrymen, what is said has been said, what is cried has been stirred, you see, I have even choked on speech.

Therefore, through the government in exile to save the people and the country from destruction,

  • A democratically elected leadership is formed
  • A political vote is owned  and held
  • A diplomatic network is extended
  • A national treasury is established
  • A strategy and policy is formulated

Undoubtedly, our people in the diaspora are vast; and when they are reunited in exile by the government, they are immediately recognised as a legitimate option in the world. If his position is democratic, he can present himself as the sole representative of the people of Eritrea.

The government can not only advocate for Eritrean refugees in exile at the United Nations and non-governmental organisations, but also play its part in curbing the flow of Eritrean refugees in cooperation with relevant countries.

  • The government can be an actor in negotiations concerning Eritrea in exile.
  • The government in exile can end the bitter war between Eritrea and Tigray peacefully.
  • The government is political and peaceful in exile and can stir up popular movements at once.
  • When a dictatorship falls suddenly, the government stabilises the country in exile until elections are held.
  • Government leaders in exile have the right to negotiate with countries that own companies in Eritrea.
  • Heads of state in exile have the right to represent their citizens and their country in international courts.

Government Practices in Exile

How does the government rank in migration? Don’t be sad if pessimism pops up about whether we have anyone who deserves it, but move forward

The government has two tendencies in exile, one of which seeks to be politically based on values derived from the outcomes of the ELF and EPLF conferences. The second tendency, however, is to establish government in exile in a popular assembly. The hope of our people is that these two tendencies will work together to make the Eritrean government’s project in exile a success.

The dear Eritreans who want to empower the people use the following methods:

  • Sponsors 
  • Facilitators
  • Stakeholders 
  • Task forces

Those who claim that the people of Eritrea are self-empowered are guided by the following principles:

  • Owners of public legitimacy
  • Responsible for the registration of Eritreans in exile
  • Democratic Election Organising Committee officials
  • The legal leadership is formed by villages, towns, districts and district and can organise its own assemblies

During the liberation struggle, the leaderships of the ELF and the EPLF snatched the principle of village land from its owners. The people of Eritrea will achieve their freedom only when their land is returned to them. And the time is now. Similarly, the people of Eritrea have been robbed of their districts by the illegitimate rulers of Eritrea. The people of Eritrea will be free only when their provinces are restored to their normal places. And the time is now.

Democratic election of government in exile

The first step

The registration of Eritreans in exile is done in a database, villagers are registered on a private website and gradually consolidated into their districts and counties.

The second step

Since Eritrea is a country made up of villages, Woreda and Worejatat, the electoral system and the responsibility of calling a congress for government building in exile fall into the hands of Worejata leaders.

Candidates are selected from their hometown, city, district and district.

Once registration is complete; As a registered political force in exile, the people of Eritrea ensure their rights by establishing a government in exile. They have the right to form an organising committee.

Once membership is registered, citizenship is confirmed by personal testament.

Elections are directly for individuals, not for parties. Parties and bourgeois associations have their own assemblies.

The right to stand for election in the exile government is open to members of parliament, YIAKEL Movement, individual parties and civil society organisations, because they are necessary for the country.

Name:      A think tank of Ideas for the Government in Exile

The purpose:  To prepare, disseminate and formulate research;                           Implementation is to provide written advice.

About US:    We are volunteers who do not represent parties.

The role of experts and experienced in building an Eritrean state in exile

Think tank  groups humbly invites the government in exile, experts and experienced to consult and engage with us for success. Therefore, a body of experts and experienced people will be established.

Note: We have chosen a word ወረጃታት / district instead of አውራጃታት

Let’s fight for the government in exile

Eternal remembrance to our martyrs! 

Stockholm  19th Oct. 2021   HTB


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01

Eritrean Government in Exile – Eritrea-GiE

Nineteen years ago today, on February 2nd 2002, Eritrean President Isaias Afwerki corrupted the Eritrean Parliament into taking measures that were effectively institutional suicide.  How and why it took this shameful and fatal step is chronicled here.  Unquestionably, the removal of an institution that was the last check on the executive accelerated Eritrea’s slide into a One Man Monocracy, which has led Eritrea from one self-inflected wound to another to arrive where it is now: a country without a constitution, without any liberties, where its citizens live in fear of their government and, unlike some people who live in totalitarian states but have something to show for it by way of a higher living standard, our people are poorer for it: materially, spiritually, and any other “ly” that measures human development.

This author had argued before that the solution is a “democratic coup”: meaning, for the ruling party to reset itself and set the country on a path to democracy (article published at awate can be found here. ) This, obviously, would mean that those who are in a position to do so–the leaders of the Eritrean government’s civilian and military institutions–remove Isaias Afwerki from power and resume the path that was started in 1997 when the country’s constitution was ratified.  This idea was further fleshed out in more detail by former Minister of Finance Berhane Abrehe in his book: Hagherey Ertra, whose English summary and critique is available here.  This author and Berhane Abrehe made the assumption that it was still possible for Eritreans inside Eritrea to be the engineers of this change, a prospect that seems distant now in a land ravaged by Isaias Afwerki’s sadism and a pandemic.

It is time that the Eritrean Diaspora assumed more of the responsibility and in this article, I will try to flesh out an idea that I consider viable and, more importantly, grants our future leaders instant legitimacy.

Before I propose my idea, let’s agree on the facts, first:

  1. Eritrea has only one legal party (it calls itself a Front) and this party has not had an organizational congress since 1994 (February 1994, 27 years ago.)
  2. Of the 75 members of the Party’s Central Committee, the individuals whose names appear in bold are either dead, in detention, in exile or “frozen” (quietly demoted):
  3. Abdella Jaber: 2. Abraha Kassa:  3. Abrahaley Kifle:  4. Adhanom G/mariam:  5. Ahmed Haji Ali:  6. Ahmed Omer Kakai:  7. Ahmed Tahir Baduri 8. Alamin M. Said:   9. Alamin Sheik Saleh  10. Alamin Siraj  11. Ali Said Abdella  12. Almaz Ljam  13. Amna Nur-Hussein  14. Andebrhan W/Giorgis  15. Andemikael Kahsai  16. Asemrom Gerezgiher    17. Askalu Menkerios  18. Aster Fessehatzion  19 Beraki Gebreslassie  20 Berhane Abrehe    21 Berhane Gerezgiher   22 Berhane Zerai  23 Ermias Debessai  24 Fana Tesfamariam  25 Filipos W/yohannes  26. Fozia Hashim  27. Gerezgiher A/mariam   28. Germano Nati    29. Giorgis Teklemikael  30. Hagos Gebrehiwet  31. Haile Menkorious  32. Haile Mehtsun   33. Haile Samuel  34. Haile Woldense   35 Hamed M.Karikare  36. Hamid Himid   37. Hiwet Zemikael­­­  38. Isaias Afwerki    39. Issa Ahmed Issa   40. Luel Ghebreab   41. Mahmud Ali Herui    42. Mahmud Sharifo     43. Mesfin Hagos    44. Mohamed Ali Jaber   45. Mohammed A. Omaro   46. Mohammed Berhan Blata   47 Mohammed O. Redo  48. Muhyadin Shengeb     49. Musa Rabá   50. Mustafa Nurhussein   51. Naizgi Kiflu   52. Nati Ibrahim  53. Ogbe Abraha  54. Omer Hassen Tewil   55. Osman M. Omer  56. Osman Saleh Mohammed  57. Petros Solomon  58. Romedan Osman Awliay   59. Saleh Idris Keckya   60. Saleh Meki   61. Salma Hassen  62. Sebhat Ephrem  63. Simon Gebredengel  64. Stefanos Seyoum    65. Teklai Habteselassie   66. Tesfai Gebreselassie   67 Woldemikael G/mariam    68. Woldenkiel Abraha      69. Worku Tesfamikael   70. Yemane Gebreab    71. Yusuf Sayiqh   72. Zahra Jabir    73. Zemehret Yohannes    74. Zemzem Abdella   75. Ibrahim Totil

III.        There are thousands of EPLF supporters who do not support PFDJ and do not       have a political home. These are the “Shaebia Now, Shaebia Forever, But   Death To         PFDJ” people.

  1. Over the last 20 years, the Eritrean opposition has failed in organizing itself into a potent political force with vibrant institutions of law, media, and          communication. During the same period, the Eritrean Diaspora has also failed to create a self-sustaining civil society despite the fact that it has been quite      successful at creating ad-hoc groups focused on a single issue (Isaias To ICC, HRC,  OneDaySeyoum, and 101 YouTube Channels and Facebook groups and satellite stations.)  All the splinters have been caused, in my opinion, due to lack of legitimacy: nobody accepts the authority of a leader.

Now then, my proposal.

  1. The exiled Central Committee members of “PFDJ”, and those who were Central Committee members in the last (1987) EPLF congress should convene an Organizational Congress, the 4th EPLF Congress, as soon as feasible. Its purpose is to address the hijacking (and renaming) of their organization at the 3rd congress.
  2. The mixed blessing (gulbub mrqa iye zblo ane) of COVID19 is that congresses do not need to be a logistical nightmare of booking airline tickets, hotels and visas anymore. The Organizational Congress can be a series of Zoom Meetings.
  3. This being an organizational congress, the Central Committee members need not worry about the primary obstacle of deciding whom to invite and not invite: those inviting and those being invited should be proud EPLF leaders and members.  Again, this is an Organizational Congress.
  4. Unaffiliated Eritreans, friends of Eritrea and other opposition organizations should be invited as observers, as is always the case with organizational congresses.
  5. The Organizational Congress should focus on re-drafting the Organizational Charter (including renaming itself back to EPLF although EPLF need not stand for People’s Liberation Front–it can be Eritrean People’s Liberty Forum–but the idea is to rid the country of the toxicity associated with PFDJ.)
  6. The Organizational Congress should stay true to the calls made by the now-arrested members of the Central Committee (the G-15, the Forto Mutiny engineers.) That is, the beginning documents should be the EPLF’s 1987 resolution coupled with the Open Letters of the G-15.
  7. If the Central Committee members are saying, “But I can’t stand so-and-so”, you are still being victims of Isaias Afwerki whose ascendancy to, and monopoly of, power was facilitated by having his colleagues in constant suspicion of each other.  If the Central Committee members are saying “we are old, etc, etc”, remember your cohorts in Tigray People’s Liberation Front (TPLF)  did not say that when they felt the fate of their country and all they paid to make it happen was at risk: they went to the mountains to fight. Ambassador Seyoum Mesfin chose to go to the mountains, to side with his people, and got shot in the head for it (with gun powder still visible on his forehead, for the cold assassination. If you don’t admire that, check your Hamot.)   You are only being asked to organize an organizational congress and your role will be transitional.
  8. The Organizational Congress should have a democratic election where it elects its leadership, who then elect the executive team. This ensures continuity and grants the new leadership something sorely lacking in the Eritrean Opposition: 
  9. It is important that the EPLF Central Committee know that it cannot do anything on its own.  Therefore, its resolutions must be opposition-friendly.  What that means is part of the agenda of the Organizational Congress must be to study and evaluate the blueprints that have been issued by various political organizations over the last 20 years (leave the arrogance to the PFDJ at home) and arrive at decisions with the assumption that it will be forming a United Front with the other groups.
  10. All of this must be pursued with a sense of urgency: it must be started and finished before May 24, 2021: Eritrea’s 30 anniversary of Independence which, sadly, has been transformed to total subservience to Isaias Afwerki.

What Then?

Shortly following the convening of the EPLF Organizational Congress, Eritrea’s other half must hold its own Organizational Congress.   By “other half” I refer to Eritreans who do not think the EPLF represents their values.   The two organizations (not ten, but two) then create a Unity Government In Exile, representing themselves as an alternative to the Band of Misfits and Enslavers in Eritrea.  This will not enable them to do all the things a government does, but it will empower and legitimize them to do some of the things governments do including meeting with foreign dignitaries and fashioning alternative policies to the suicidal ones pursued by the PFDJ.

If you are thinking it is too bold to announce oneself a government in exile: you shouldn’t even try. The only reason the one in Eritrea calls itself a government is not because it is governing by the consent of the people (whereas you will) but because it has guns.  If that is your argument,  that only people with guns should hold power, then you should forget about the Organizational Congress and organize an army.  Geisha Alla ember eta ghedli, as wedi tkabo sang. But doing nothing is not an option. 

Besides, what is the alternative?  For people like General Filipos to organize a coup?  For a people who are under house arrest and banned from organizing in groups of 10 to organize a popular uprising? For Isaias Afwerki to die? News alert: his mama is still alive.

Let’s get to it.

_____________________________

Eritrea: The wisdom of government in exile

I understand where [the discussion is] coming from. I also know that the concerns are shared by many. However, in most instances, I try to avoid [mentioning] entities such as those who profess their inner desires on how they would like to make a meal out of us. The reason I avoid addressing them directly is because it is premature and bordering on childish to do so. If the TPLF leadership or others [have a] calculation, then they bear full responsibility for the consequences. My main concern is that [of] a civil war in Eritrea, where Eritreans turn on each other. That would entail incalculable devastation to Eritrea and its future. If on the other hand Eritreans manage to at least stay clear of violence towards each other, a chicken can dream whatever it wants. Dreams are free.

This is where the wisdom of Government in Exile (GiE), the way it proposes continuity based on a minimum common grounds kicks in. The GiE is merely a transitional body that would pave the way to whatever political path the nation will chart.

I truly believe that Isaias Afwerki (IA) is a key bottleneck in fending off the demise of Eritrea. I say this to the opposition, the PFDJ and the silent friends alike. When IA falls, it is like a dam or blocked water being released. The vast majority of the silent ones will automatically become one with the opposition’s viewpoint. The hard core PFDJ, mostly diaspora based, would either try to quietly disappear in-order to avoid being criminally litigated against, or show a foolhardy final stand. The latter would assume that they would have some base in Eritrea, that is unlikely. PFDJ ministers might be guilty by association to some degree but I don’t consider them to be the target of retribution (with the exception of few such as the two Yemanes and those in dept. 72 – aka Hagerawi Dihnet [National Security]). The vast body of these who would be fully implicated and hunted down are the the top-brass military officers who have taken advantage of the Eritrean people when we are down. The ministers are not really that much implicated. But their stupid silence and enabling has done much damage.

So, when IA, the diaspora PFDJ implants, the military leadership are once removed, the rest of Eritrea can decide to enter into a vow of healing and letting bygones be bygones. GiE, composed of mostly diaspora based ex-leaderships of both fronts and early GoE, civil society, grass-root diaspora opposition, Eritrean people at home, the armed forces and all citizens can rally around to help Eritrea get past the tight jam of transition period. If we survive it, that would be a success worthy of generational and monumental accolade. Patience is important, letting-go is important, imagining Eritrea as it should be is important.

If we are united, value each other and learn to wait and give space for diverse views and so forth, we would stand strong and those who are planning to fry us for lunch will have devastating news awaiting them. For now we’ll let them do talking the talk, but surely we will meet them when they venture for walking the walk – and mark my words – if we stand together, it will end in greater disaster than they bargained for themselves.

So, the key here is that we need to understand that the fall of IA , Idiot in Chief, is critically important. But, it will also require us to be in a maximum state of alert to ensure that it happens with the least impact as possible. We wish well to our neighbors to the south, east, west and the greater region, but we may be laying down but definitely not asleep.


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01

United Nations Declaration of Human Rights

 

Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. 

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

  1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
  2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13

  1. Everyone has the right to freedom of movement and residence within the borders of each state.
  2. Everyone has the right to leave any country, including his own, and to return to his country.

 

Article 14

  1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
  2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15

  1. Everyone has the right to a nationality.
  2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16

  1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
  2. Marriage shall be entered into only with the free and full consent of the intending spouses.
  3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17

  1. Everyone has the right to own property alone as well as in association with others.
  2. No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

  1. Everyone has the right to freedom of peaceful assembly and association.
  2. No one may be compelled to belong to an association.

Article 21

  1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
  2. Everyone has the right of equal access to public service in his country.
  3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23

  1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
  2. Everyone, without any discrimination, has the right to equal pay for equal work.
  3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
  4. Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25

  1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
  2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26

  1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
  2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
  3. Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27

  1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
  2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29

  1. Everyone has duties to the community in which alone the free and full development of his personality is possible.
  2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
  3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.


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01

The Rule of law and Democracy

Eight principles of the Rule of Law as laid down by Lord Bingham:

(1) The law must be accessible and so far as possible intelligible, clear and predictable.

(2) Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.

(3) The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation.

(4) Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly, for the purpose for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.

(5) The law must afford adequate protection of fundamental human rights.

(6) Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve.

(7) The adjudicative procedures provided by the state should be fair.

(8) The rule of law requires compliance by the state with its obligations in international law as in national law.

(Tom Bingham, The Rule of Law, 2010) The Rt Hon Lord Bingham of Cornhill KG (1933- 2010) was the pre-eminent UK judge of his generation.

 

ሸውዓተ መትከላት ልዕልና ሕጊ ከምቲ ብሎርድ ቢንግሃም ዝተቐመጠ

(1)    እቲ ሕጊ ተበፃሒን ብዝተኻእለ መጠን ርዱእን ንጹርን ክትግምቶ ዝከኣልን ክኸውን ኣለዎ።

(2) ሕጋዊ መሰልን ተሓታትነትን ዝምልከት ሕቶታት ብተለምዶ ብሕጊ ብምትግባር እምበር ብውሳነ ምምዝዛን ክፍታሕ የብሉን።

(3) ዕላማዊ ፍልልያት ንፍልልይ ዘመኽንየሉ ደረጃ እንተዘይኮይኑ፡ ብሕግታት እንዳባ ይኩን ዓንዲ–ሕጊ ንኹሉ ብማዕረ ክምልከቱ ይግባእ።

(4) ኣብ ኩሉ ደረጃታት ዝርከቡ ሚኒስተራትን መንግስታዊ ሓለፍትን፡ ነቲ ዝተዋህቦም ስልጣን ብጽቡቕ ድሌት፡ ብፍትሓዊ መንገዲ፡ ነቲ ስልጣን ዝተዋህበሉ ዕላማ፡ ካብ ደረት ናይ ከምዚኦም ዝኣመሰሉ ስልጣን ከይሓለፉን ብዘይምኽንያታዊ መንገዲ ክጥቀሙሉ የብሎምን።

(5) እቲ ሕጊ ንመሰረታዊ ሰብኣዊ መሰላት እኹል ሓለዋ ክህብ ኣለዎ።

(6) ተኻታዕቲ ወገናት ፤ ባዕሎም ክፈትሕዎ ዘይክእሉ ሓቀኛ ሲቪላዊ ዘይምርድዳእ ብዘይ ክልኩል ወጻኢታት ወይ ዘይተኣደነ ምድንጓይ ፤ ንምፍታሕ ዝሕግዝ መንገዲ ክቐርብ ኣለዎ።

(7) መንግስቲ ዝህቦ ናይ ፍርዲ ኣሰራርሓ ፍትሓዊ ክኸውን ይግባእ።

(8) ልዕልና ሕጊ መንግስቲ ከምቲ ኣብ ሃገራዊ ሕጊ ኣብ ኣህጉራዊ ሕጊ ዘለዎ ግዴታታት ክኽተል ይጠልብ።

Rt Hon Lord Bingham ናይ Cornhill KG (1933- 2010)ናይ:ዘመኑ:ወለዶ ፍሉጥ ዳኛ ዓባይ ብሪጣንያ እዩ ነይሩ። Tom Bingham, The Rule of Law, 2010


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