Eritrean Women: Achievements and Rights in Relation to Legal Documents

During the struggle, Eritrean women fought alongside their male counterparts in combat units and at the same time participated in all other fields, political, social and cultural.

The Eritrean People's Liberation Front (EPLF) had a clear policy on the issue of women. As a result, its popular motto 'Equality through Participation' served not only as a slogan, but also as a practical doctrine in the struggle for the emancipation of women.

The 1st and 2nd congresses of the EPLF, held in 1977 and 1987 respectively, clearly stated the Front’s principles on the rights and equality of women.

This trend continued after independence. Policy and legislative measures where taken to insure the participation of women, who comprise half of the society. The fact that 30% of parliament seats are exclusively reserved for women, who can, moreover, contest the other seats in the elections, is an example of some of the measures taken to that end.

The Constitution of Eritrea guarantees equal rights for both sexes. The Government of the State of Eritrea (GSE) made a deliberate effort to ensure women’s participation in every stage of the constitution-making process. Hence fifty percent of the membership of the Constitution Commission were female, effectively taking part throughout the process, from the drafting to the finalization of

Various articles in the constitution illustrate the due recognition of the equality of men and women. "Without consideration to the wording of any provision in the constitution with reference to gender, all of the articles shall apply equally to both genders."

Based on the article mentioned above, Eritrean women have a wide opportunity of participation in the political, social and economic spheres.

There are also other articles that embrace the basic rights of women. Article 3 number 1 on 'citizenship' states "Any person born from an Eritrean father or mother is Eritrean by birth." This is a major step forward compared to the previous legal system, which didn't allow children to inherit citizenship equally from both parents.

To see women ministers, department heads, police staff, mangers, pilots, military leaders, and doctors is not a new phenomenon in Eritrea. This participation helped the fight against backward attitudes toward women. Article 7 of the Constitution, on democratic rights, enshrines this basic right of participation. Sub-article 7.2 proclaims: "Any act that violates the human rights of women or limits or otherwise thwarts their role and participation is prohibited."

Similarly, Article 14 establishes the rights concerning equality as "No person may be discriminated against on account of race, ethnic origin, language, color, gender, religion, disability, age, political view, social or economic status or any other improper factor."

Therefore, in Eritrea women have equal rights and duties as men before the law. Article 14.3 states that, "The National Assembly shall enact laws that can assist in eliminating inequalities existing in the Eritrean society." The constitution, thus, rectifies past non-egalitarian laws (which undervalue women) and provides a legal enabling environment for women to advance equally as men.

As in many countries, women in some societies in Eritrea face problems in the family and marriage. They are forced to marry older men before reaching the appropriate age and are not given adequate or fair compensation on divorce. As regards marriage, "Men and women of full legal age shall have the right, upon their consent, to marry and found a family freely, without any discrimination and they shall have equal rights and duties as to all family affairs.", as stipulated in Article 22 of the Constitution.

Rights concerning land ownership, giving equal rights to women as men, are also ingrained in the Constitution,. The Constitution in article 23 declares, "any citizen shall have the right to acquire and dispose property…" while Article 14 states, "This right refers equally to any Eritrean regardless of gender, religion, ethnicity etc…"

Even after divorce women have equal rights as men concerning every issue including land ownership. For example, a man living in his wife's village has the right to access land for utilization and vice versa. This means that married couples, in their respective villages, include their spouse’s name in their title to land. Therefore women in all parts of the country have full legal right, as their male counterparts, to own land for residence, agriculture or for business.

Today the environment is generally supportive to women because they are now free from the oppressive patriarchal and colonial yoke. Hence, there are no legal or constitutional barriers that hinder them from using their potential.

Women’s equal rights are also clearly stated in the Macro-policy document of the Government of Eritrea.

With regard to women’s rights, Eritrea’s Macro-policy pledges to: Continue efforts to sensitize and enhance society’s awareness on the role of women in the socioeconomic, political and cultural transformation of the country; change all laws that subtract the rights of women; expand women's participation in education, economic activities and employment; introduce new labour-saving technologies that would help reduce the drudgery of women in household and other activities in order to save their productive labor; and improve and expand mother and child care services."

Although war and bad colonial policy have seriously damaged the economy of the country, the Government of Eritrea is working hard to cure this. Eritrean women, half of the society, are playing a vital role in developing and defending the country.

Eritrean women will have to work hard to preserve their rights without being complacent in view of the considerable achievements they gained during the struggle.

The National Union of Eritrean Women (NUEW), is an organization that has advocating for the equal rights of Eritrean women as its core mission. It is the responsibility of all Eritrean women to work hard for their own rights under the umbrella of their union.