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Government Ministries Organization Regulations, 2026

CONSULTATION DRAFT — NOT ENACTED LAW

REGULATION NO. [____]/2026

GOVERNMENT MINISTRIES ORGANIZATION REGULATIONS, 2026

(PRESIDENTIAL REGULATIONS)

TO ESTABLISH AND ORGANIZE THE GOVERNMENT MINISTRIES NECESSARY OR EXPEDIENT FOR THE GOOD GOVERNANCE OF ERITREA; TO ALLOCATE THE ORDINARY POLICY AND ADMINISTRATIVE BUSINESS OF THE EXECUTIVE; TO DEFINE PORTFOLIO BOUNDARIES AND COMMON STANDARDS OF MINISTERIAL ADMINISTRATION; AND TO PROVIDE FOR AN ORDERLY TRANSITION TO THE ORGANIZATION SO ESTABLISHED.

PREAMBLE

WHEREAS under Article 42(13) of the Constitution of Eritrea, the President has authority to establish and dissolve such government ministries and departments as are necessary or expedient for the good governance of Eritrea, after consultation with the Public Service Administration;

WHEREAS Article 57 of the Constitution establishes the Civil Service Administration, and the expression “Public Service Administration” in Article 42(13) and the expression “Civil Service Administration” in Article 57 are understood in these Regulations to refer to that constitutional institution;

WHEREAS, before preparing and issuing these Regulations for public discussion, the President consulted the Civil Service Administration on the number, mandates, staffing implications, administrative feasibility and transition arrangements of the proposed Ministries and considered its advice, thereby satisfying the consultation required by Article 42(13);

WHEREAS Eritrea requires a compact, capable and accountable Executive whose responsibilities are clear to public servants, the National Assembly and the public, and whose organization responds to national recovery, demobilization, employment, food and water security, education, health, housing, infrastructure, maritime development, investment and digital transformation;

WHEREAS unclear and overlapping mandates waste public money, delay decisions, obscure responsibility and burden citizens, while defined portfolios, published service standards and cooperation across government strengthen lawful and efficient administration;

WHEREAS organizational authority under Article 42(13) does not authorize the Executive to legislate within the constitutional domain of the National Assembly, appropriate public money, transfer a statutory function without lawful authority, or interfere with the independence of a constitutional or statutory institution;

WHEREAS publication of this consultation draft permits citizens, civil servants, regional and local authorities, professional bodies, businesses, workers, civil society and the diaspora to improve the proposed organization before final issuance;

NOW, THEREFORE, in exercise of the powers conferred by Article 42(13) of the Constitution of Eritrea, and after the consultation required by that Article, the President issues these Regulations for public discussion as follows:

CHAPTER IPRELIMINARY

Regulation 1 — Short title

These Regulations may be cited as the Government Ministries Organization Regulations, 2026.

Regulation 2 — Status of consultation draft

1.

These Regulations are published as a consultation draft and do not establish or dissolve a Ministry before final issuance and publication.

2.

A person may submit written observations to the Office of the President in the manner and by the closing date stated in the accompanying public notice.

3.

The President shall consider the consultation record and shall consult the Civil Service Administration on a material structural change before final issuance.

Regulation 3 — Objects

1.

The objects of these Regulations are to establish a coherent ministerial structure, allocate ordinary executive business, reduce overlap and make responsibility publicly ascertainable.

2.

The Regulations also establish common requirements for legality, service delivery, coordination, transparency, digital administration, fiscal discipline and transition.

Regulation 4 — Interpretation

1.

In these Regulations, “Constitution” means the Constitution of Eritrea 1997; “Civil Service Administration” means the institution established by Article 57 and includes the institution described as the Public Service Administration in Article 42(13); “Ministry” means a Ministry established under Regulation 9; and “statutory function” means a power or duty conferred or imposed by an Act, Proclamation, Regulation or other law.

2.

A reference to a function assigned by law means that the function may be exercised only by the person, procedure and conditions provided in the governing law.

Regulation 5 — Constitutional limits

1.

These Regulations organize the Executive and shall be interpreted consistently with the Constitution and every applicable Act.

2.

A portfolio description does not, by itself, confer authority to tax, appropriate, borrow, arrest, search, detain, prosecute, adjudicate, expropriate, license, impose a penalty, compel conduct or restrict a constitutional right.

3.

A statutory function remains vested in the person or institution designated by law unless transferred under lawful authority.

4.

Nothing in these Regulations permits a Ministry to direct the National Assembly, the Judiciary, the Judicial Service Commission, the Auditor-General, the National Bank, the Civil Service Administration, the Electoral Commission, the Advocate-General or another independent institution in the exercise of a protected function.

Regulation 6 — Guiding principles of organization

1.

Ministries shall be organized around coherent public purposes, clear accountability and services understandable to the public.

2.

Duplication shall be removed through a designated lead Ministry, written cooperation arrangements and shared professional and digital services.

3.

Policy making, service delivery, commercial operation and independent regulation shall be separated where their combination creates conflict, unfairness or risk.

4.

Organization shall be fiscally realistic, merit based, regionally accessible, technologically capable and no larger than necessary for effective government.

CHAPTER IIESTABLISHMENT AND ORGANIZATION OF MINISTRIES

Regulation 7 — Civil Service Administration consultation

1.

The President records that the consultation required by Article 42(13) was conducted with the Civil Service Administration before this consultation draft was issued.

2.

The consultation addressed organizational necessity, mandates, staffing, merit administration, affordability, implementation sequence, continuity of service and treatment of affected civil servants.

3.

The Office of the President shall preserve the consultation record and publish a non-confidential summary with the final Regulations.

Regulation 8 — Executive responsibility and legislative domain

1.

The establishment, organization and dissolution of Ministries under these Regulations are acts of executive organization under Article 42(13).

2.

These Regulations shall not be construed as an Act of the National Assembly or as a substitute for legislation required by the Constitution.

3.

Where implementation requires an appropriation, tax, statutory regulator, coercive power, offence, compulsory acquisition, public borrowing, alteration of a legal right or transfer of a function fixed by an Act, the responsible Minister shall submit an appropriate legislative or budget proposal through the President.

Regulation 9 — Ministries established

1.

Upon final issuance and commencement of these Regulations, the Ministries specified in Regulations 10 to 27 are established for the good governance of Eritrea.

2.

Each Ministry has the mandate stated in its establishing Regulation, subject to the Constitution, Acts, appropriations and the common requirements of these Regulations.

3.

The name of a Ministry describes an administrative portfolio and does not enlarge any statutory power.

Regulation 10 — Ministry of Agriculture and Food Security

1.

The Ministry shall lead national policy for sustainable agriculture, food and nutrition security, and productive rural livelihoods.

2.

In carrying out its mandate, the Ministry shall—

a.formulate and periodically review policy for crops, horticulture, livestock, agroforestry and agricultural mechanization;

b.operate agricultural extension, farmer-information and advisory services, including digital and climate services;

c.coordinate agricultural research, seed systems, breeding, soil health, post-harvest management and appropriate technology;

d.administer plant health, animal health, veterinary public-health and agricultural biosecurity functions assigned by law;

e.promote irrigation, water-efficient farming and watershed rehabilitation jointly with the Ministry responsible for water and environment;

f.develop storage, cold-chain, processing, market-information and agricultural value-chain programmes;

g.monitor food availability, affordability and nutritional risk and maintain drought, pest and food-security early-warning arrangements;

h.support cooperatives, commercial farms, family farms, pastoral and agro-pastoral communities, women farmers and young agricultural entrepreneurs.

3.

The following institutional boundaries apply—

a.Marine fisheries and aquaculture belong to the Ministry responsible for fisheries and marine resources.

b.Land title, national water allocation and environmental approval remain with the authorities assigned those functions by law.

Regulation 11 — Ministry of Defense

1.

The Ministry shall advise on national defense policy and administer a small, professional and politically neutral defense force under the Constitution and civilian authority.

2.

In carrying out its mandate, the Ministry shall—

a.develop defense policy, force design, readiness requirements and lawful contingency plans;

b.administer military personnel, recruitment, education, training, discipline, welfare, health and retirement in accordance with law;

c.manage defense logistics, installations, equipment, communications, cybersecurity and procurement within appropriations;

d.maintain transparent inventories and auditable control of weapons, ammunition and defense property;

e.coordinate lawful international defense cooperation, peace-support training and maritime security support;

f.provide systematic instruction in the Constitution, civilian control, human rights and international humanitarian law;

g.support veterans and the orderly transition of former service members to civilian life under applicable legislation.

3.

The following institutional boundaries apply—

a.The Ministry has no implied authority over civilian policing, immigration, domestic political activity, elections or independent media.

b.War, emergency power, surveillance, arrest, detention, requisition and compulsory service require authority under the Constitution and an Act.

Regulation 12 — Ministry of Education, Science and Skills

1.

The Ministry shall secure inclusive, equitable and high-quality learning and develop the knowledge and skills required for democratic citizenship and economic renewal.

2.

In carrying out its mandate, the Ministry shall—

a.formulate policy for early-childhood, primary, secondary, adult, technical, vocational and higher education;

b.set transparent learning outcomes, curriculum frameworks and national assessment standards consistent with law;

c.plan school access, facilities, teaching materials, connectivity, libraries, laboratories and inclusive education;

d.lead teacher workforce planning, preparation, professional development and professional standards with competent bodies;

e.develop technical and vocational education, apprenticeships, rapid skills programmes and recognition of prior learning;

f.coordinate science, research, innovation and links among education, industry, agriculture, health and the diaspora;

g.maintain reliable education statistics and publish school, programme and system performance information;

h.protect academic freedom, institutional autonomy and freedom from partisan instruction as required by the Constitution and law.

3.

The following institutional boundaries apply—

a.The Ministry shall not require political loyalty as a condition of education, teaching, research or academic advancement.

b.Independent universities, examination bodies and professional regulators remain independent to the extent provided by law.

Regulation 13 — Ministry of Energy and Mines

1.

The Ministry shall lead policy for reliable and affordable energy and for transparent, safe and environmentally responsible development of mineral resources.

2.

In carrying out its mandate, the Ministry shall—

a.prepare electricity, renewable-energy, petroleum, clean-cooking, energy-efficiency and universal-access policy;

b.coordinate generation, transmission, distribution, storage, regional interconnection and rural energy programmes;

c.maintain geological information and promote responsible mineral exploration, mining and quarrying;

d.administer mineral, petroleum and energy licences, agreements and inspections only where legislation confers that authority;

e.publish licence, production, safety, payment and beneficial-ownership information to the extent required by law;

f.coordinate mine safety, worker protection, community development, local content, closure and rehabilitation with competent authorities;

g.evaluate new technologies, including solar, wind, geothermal, storage, green fuels and efficient industrial energy.

3.

The following institutional boundaries apply—

a.Environmental assessment and approval remain with the competent environmental authority, and fiscal terms require consultation with Finance and Treasury.

b.An independent regulator established by law shall not be directed by the Ministry in an individual licensing, tariff or enforcement matter.

Regulation 14 — Ministry of Finance and Treasury

1.

The Ministry shall protect public money and lead fiscal policy, budgeting, Treasury operations, revenue policy and sustainable public financing.

2.

In carrying out its mandate, the Ministry shall—

a.prepare the annual and medium-term fiscal framework and the national budget for presidential submission to the National Assembly;

b.administer Treasury, cash, public accounting, financial reporting and internal-control systems;

c.develop tax, customs and non-tax revenue policy and administer revenue functions assigned by legislation;

d.manage public debt, guarantees, lending, fiscal risks, government financial assets and relations with development-finance institutions;

e.set government-wide procurement, grants and public-investment appraisal policy where authorized by law;

f.publish timely budget, expenditure, debt, procurement and fiscal-risk information in accessible and machine-readable form;

g.provide fiscal analysis of proposed laws, regulations, plans, concessions and major projects;

h.support transparent intergovernmental finance and lawful transfers to regional and local authorities.

3.

The following institutional boundaries apply—

a.The Ministry may not tax, borrow, guarantee debt, transfer an appropriation or spend public money except as authorized by law.

b.The Ministry shall not direct the National Bank, restrict the Auditor-General or alter an independent audit finding.

Regulation 15 — Ministry of Fisheries and Marine Resources

1.

The Ministry shall secure sustainable use of Eritrea's marine living resources and develop fisheries, aquaculture and coastal livelihoods as responsible pillars of the blue economy.

2.

In carrying out its mandate, the Ministry shall—

a.prepare fisheries, aquaculture and marine living-resource policy based on science and precaution;

b.conduct or commission stock assessment, ecosystem monitoring, catch documentation and marine research;

c.administer fishing rights, quotas, licences and compliance measures where legislation so provides;

d.combat illegal, unreported and unregulated fishing through monitoring, inspection, vessel tracking and lawful cooperation;

e.develop landing sites, harbours for fishing, cold chains, laboratories, processing, quality assurance and market access;

f.support artisanal fisheries, coastal communities, cooperatives, women in fish value chains and responsible private investment;

g.promote environmentally sound marine and land-based aquaculture;

h.coordinate regional and international management of shared stocks and marine ecosystems.

3.

The following institutional boundaries apply—

a.Navigation, vessel safety, seafarer regulation and commercial ports belong to the Ministry responsible for transport.

b.Marine environmental standards and protected areas require coordination with the Ministry responsible for environment.

Regulation 16 — Ministry of Foreign Affairs and Diaspora

1.

The Ministry shall conduct Eritrea's diplomacy and consular relations and build lawful, constructive relations with neighboring states, Africa, international organizations and Eritreans abroad.

2.

In carrying out its mandate, the Ministry shall—

a.coordinate bilateral, regional, African Union and multilateral foreign policy under the President's direction;

b.support negotiation, signature, constitutional authorization, deposit, publication and implementation of international agreements;

c.administer diplomatic missions, protocol, privileges and relations with foreign missions;

d.provide accessible consular protection, civil-document and emergency-assistance services within powers conferred by law;

e.maintain transparent communication with the diaspora and facilitate return, skills exchange, investment and cultural connection;

f.coordinate international development cooperation and ensure that commitments are recorded and aligned with national priorities;

g.maintain a public treaty register showing signature, constitutional approval, ratification, entry into force and domestic implementation status.

3.

The following institutional boundaries apply—

a.The President's authority under Article 42(6) and the National Assembly's authority under Article 32(4) shall be respected throughout treaty making.

b.The Ministry may not alter domestic law, commit unappropriated money or impose an obligation on a citizen merely by announcing an international agreement.

Regulation 17 — Ministry of Health

1.

The Ministry shall lead public-health policy and steward an accessible, safe, equitable and resilient health system.

2.

In carrying out its mandate, the Ministry shall—

a.plan primary care, hospitals, referral networks, laboratories, emergency care and health infrastructure;

b.lead prevention, surveillance, vaccination, health promotion and preparedness for epidemics and other health emergencies;

c.develop health-workforce policy, education, deployment, professional development and ethical standards with competent bodies;

d.administer medicines, medical products, health facilities, professional licensing and food-safety functions assigned by legislation;

e.advance maternal, newborn, child, adolescent, reproductive, mental, occupational, disability and older-person health;

f.maintain secure and interoperable health-information systems and protect personal health information;

g.establish transparent referral, procurement, waiting-time, complaint and patient-safety standards;

h.coordinate water, sanitation, nutrition and environmental-health action with other Ministries and local authorities.

3.

The following institutional boundaries apply—

a.Compulsory health measures, professional discipline and restrictions on liberty require clear legislation, necessity, proportionality and review.

b.Social cash benefits and general income-support programmes belong principally to the Ministry responsible for social protection.

Regulation 18 — Ministry of Public Information and Civic Communication

1.

The Ministry shall ensure that official information is accurate, timely, accessible and verifiable and that government communicates as a servant accountable to the public.

2.

In carrying out its mandate, the Ministry shall—

a.coordinate official notices, public briefings, emergency information and common publishing standards;

b.maintain a single authenticated government portal and a directory of every Ministry, service, responsible office and legal requirement;

c.promote publication in Eritrea's languages and in accessible, low-bandwidth and machine-readable formats;

d.operate media liaison on equal, transparent and viewpoint-neutral terms;

e.support implementation of access-to-information legislation and proactive disclosure duties;

f.archive official publications, audiovisual records and verified digital communications;

g.build government capacity to explain policy, correct factual error and consult the public without propaganda or partisan compulsion.

3.

The following institutional boundaries apply—

a.The Ministry is not a censorship, broadcasting-control or journalism-licensing authority and shall not direct editorial content.

b.Independent public broadcasting, media regulation and access-to-information review shall be governed by legislation protecting institutional independence.

Regulation 19 — Ministry of Justice and Law Reform

1.

The Ministry shall support lawful executive government, coherent legislation, law reform and public access to justice while safeguarding judicial and prosecutorial independence.

2.

In carrying out its mandate, the Ministry shall—

a.advise the President and Cabinet on legality, constitutional compliance and legislative policy without displacing the Advocate-General's statutory functions;

b.prepare and review executive legislative proposals, regulations, explanatory materials and legislative compatibility statements;

c.conduct evidence-based law reform, codification, revision, consolidation and public consultation;

d.maintain an authoritative, free and searchable public database of laws and subordinate instruments;

e.develop legal-aid, victim-support, rehabilitation and access-to-justice policy where assigned by legislation;

f.coordinate justice-sector planning with courts, the Judicial Service Commission, the Advocate-General, police, corrections and the legal profession without directing protected decisions;

g.support legal education, legislative drafting capacity and public understanding of rights and procedures.

3.

The following institutional boundaries apply—

a.The Ministry shall not direct a court, assign a case, discipline a judge or interfere with adjudication or judicial administration.

b.Prosecution, legal representation of the State, police, prisons, registries and professional discipline belong to the Ministry only to the extent expressly provided by legislation.

Regulation 20 — Ministry of Labor, Employment and Social Protection

1.

The Ministry shall promote decent work, productive employment, safe workplaces and a fair and fiscally sustainable system of social protection.

2.

In carrying out its mandate, the Ministry shall—

a.develop labor-law, wage, occupational-safety, industrial-relations and workplace-equality policy;

b.administer inspection, conciliation and enforcement functions assigned by labor legislation;

c.operate public employment services, labor-market information, job matching and lawful labor-mobility programmes;

d.coordinate apprenticeships, reskilling and civilian employment of persons completing national service;

e.administer social insurance, income support and social assistance established and funded by law;

f.develop child, family, disability, older-person and vulnerable-person welfare services;

g.support lawful trade unions, employer organizations, collective bargaining and social dialogue;

h.coordinate portable benefits and bilateral labor arrangements for Eritreans working abroad.

3.

The following institutional boundaries apply—

a.The Ministry shall not compel civilian labor, suppress lawful worker organization or interfere with independent labor adjudication.

b.Eligibility for a public benefit and expenditure of benefit funds require legislation and appropriation.

Regulation 21 — Ministry of Land, Water and Environment

1.

The Ministry shall administer land and water fairly and transparently and protect the environment, biodiversity and climate resilience for present and future generations.

2.

In carrying out its mandate, the Ministry shall—

a.develop land policy, surveying, cadastre, registration, valuation and national spatial-planning systems under law;

b.lead water-resource assessment, allocation, watershed management, conservation and water-security policy;

c.administer environmental assessment, permitting, pollution control and compliance functions assigned by legislation;

d.protect biodiversity, forests, wildlife, wetlands, coastal ecosystems and protected areas;

e.lead climate adaptation, mitigation coordination, environmental data and natural-capital accounting;

f.maintain accessible digital land, water and environmental information while protecting legitimate privacy and security;

g.coordinate drought, flood and natural-resource risk reduction with agriculture, infrastructure and emergency authorities;

h.provide fair notice, reasons, hearing and review in land, water and environmental administration as required by law.

3.

The following institutional boundaries apply—

a.Expropriation, compulsory acquisition, extinguishment of rights and compulsory environmental measures require clear statutory authority and constitutional compensation and review.

b.Agriculture leads agricultural production, Public Works delivers public construction, and Energy and Mines leads sector development subject to land, water and environmental law.

Regulation 22 — Ministry of Home Affairs and Local Government

1.

The Ministry shall protect civil peace and rights, administer lawful civil and migration services, coordinate emergency management and strengthen democratic regional and local government.

2.

In carrying out its mandate, the Ministry shall—

a.develop civilian policing, public-safety and crime-prevention policy consistent with constitutional rights and accountable policing legislation;

b.administer nationality, immigration, passports, travel documents, borders, refugees, civil registration and identity services only under governing Acts;

c.administer corrections, rehabilitation and detention services only under law and independent judicial oversight;

d.coordinate disaster preparedness, civil protection, rescue and national emergency logistics;

e.support regional and local institutions, decentralization, local planning, community participation and administrative capacity;

f.develop transparent local-finance and equalization arrangements with Finance and Treasury;

g.maintain accessible complaint, inspection and public-reporting systems for services within the portfolio;

h.coordinate, without controlling, independent electoral, judicial and human-rights institutions when operational cooperation is required.

3.

The following institutional boundaries apply—

a.Police, immigration, detention, search, surveillance, citizenship and emergency powers arise only from legislation and are not enlarged by these Regulations.

b.The Ministry may not suspend or replace an elected local authority except under clear law, due process and effective review.

Regulation 23 — Ministry of Planning and National Development

1.

The Ministry shall lead long-term national planning, cross-government policy coordination, delivery monitoring, evaluation and a professionally independent national statistical system.

2.

In carrying out its mandate, the Ministry shall—

a.prepare national development strategies, regional development frameworks and cross-sector priorities through public consultation;

b.coordinate implementation plans, delivery reviews and corrective recommendations across Ministries;

c.appraise economic, social, institutional and environmental effects of major policies with responsible Ministries;

d.develop monitoring and evaluation standards and publish objective progress reports;

e.coordinate official statistics pending enactment of a Statistics Act and protect professional methods, timing and findings;

f.conduct demographic, labor, poverty, productivity and development analysis and make non-confidential data openly available;

g.maintain a public inventory of national projects, milestones, responsible institutions and performance indicators;

h.coordinate external technical assistance with Foreign Affairs and fiscal appraisal with Finance and Treasury.

3.

The following institutional boundaries apply—

a.The Ministry does not appropriate money, authorize expenditure or replace the fiscal powers of Finance and Treasury.

b.No political officeholder may alter a statistical finding, evaluation conclusion or release date for partisan convenience.

Regulation 24 — Ministry of Public Works and Housing

1.

The Ministry shall plan, procure, construct and maintain public infrastructure and support safe, affordable and employment-generating development of housing and the built environment.

2.

In carrying out its mandate, the Ministry shall—

a.deliver government buildings, schools, health facilities, public spaces and other assigned capital works;

b.develop construction codes, public-works specifications, materials standards and building-safety policy under law;

c.prepare public housing, serviced-land, settlement-upgrading and housing-finance programmes with competent institutions;

d.manage project design, procurement, contracts, maintenance and public asset information;

e.publish project cost, contractor, variation, completion and maintenance information subject to lawful exclusions;

f.promote competitive construction markets, local materials, apprenticeships and employment-intensive works;

g.provide technical services to Ministries and regional and local authorities;

h.incorporate accessibility, climate resilience, energy efficiency and life-cycle cost into public projects.

3.

The following institutional boundaries apply—

a.The Ministry may construct infrastructure but may not bypass land, planning, environmental, procurement or appropriation requirements.

b.Transport networks and sector safety policy belong principally to Transport, Communications and Digital Development.

Regulation 25 — Ministry of Tourism, Culture and Heritage

1.

The Ministry shall develop responsible tourism and protect Eritrea's cultural, historical and natural heritage as sources of identity, learning, employment and international exchange.

2.

In carrying out its mandate, the Ministry shall—

a.prepare tourism policy, market research, destination plans and responsible national branding;

b.provide visitor information and coordinate international tourism promotion;

c.develop tourism-service standards, classification and licensing where authorized by legislation;

d.protect and interpret museums, archives, monuments, archaeological sites, languages, arts and intangible heritage;

e.support cultural institutions, artists, creative industries, festivals and community tourism;

f.coordinate tourism and heritage workforce development and responsible investment;

g.ensure that destination and heritage development respects local communities and environmental limits;

h.maintain public inventories and digital access to heritage information, subject to conservation and community safeguards.

3.

The following institutional boundaries apply—

a.The Ministry may not dispose of, export, alter or commercially exploit protected heritage except under law and required approvals.

b.Immigration, land, protected areas and transport safety remain with the authorities legally responsible for those matters.

Regulation 26 — Ministry of Trade, Industry and Investment

1.

The Ministry shall build open and competitive markets, productive enterprise, manufacturing, exports and responsible domestic and international investment.

2.

In carrying out its mandate, the Ministry shall—

a.develop domestic and international trade, industrial, manufacturing, small-enterprise and investment policy;

b.simplify business entry and operation through transparent, digital and time-limited administrative services;

c.promote competition, consumer protection, weights and measures, standards and market surveillance under legislation;

d.support industrial zones, value chains, technology adoption, quality infrastructure and export readiness;

e.operate investment facilitation and aftercare without granting secret exemptions or guarantees;

f.coordinate tariff, customs and trade-remedy policy with Finance and Treasury and treaty policy with Foreign Affairs;

g.promote cooperatives, start-ups, women-owned and youth-owned enterprises and diaspora investment;

h.publish applicable licences, fees, processing times, incentives, agreements and performance conditions.

3.

The following institutional boundaries apply—

a.The Ministry may not create a tax exemption, monopoly, compulsory licence, subsidy or public guarantee without statutory and budgetary authority.

b.Monetary policy, banking supervision and independent competition adjudication remain with institutions established by law.

Regulation 27 — Ministry of Transport, Communications and Digital Development

1.

The Ministry shall lead safe, connected and competitive transport and communications systems and the digital transformation of government and the economy.

2.

In carrying out its mandate, the Ministry shall—

a.prepare integrated policy for roads, public transport, rail, civil aviation, ports, maritime transport and logistics;

b.administer vehicle, carrier, aviation, maritime, port and transport-safety functions assigned by legislation;

c.coordinate transport infrastructure planning, maintenance standards, corridors and regional connectivity;

d.develop telecommunications, spectrum, postal, broadband, data-center and universal-access policy;

e.lead digital-government architecture, interoperability, trusted digital identity, electronic transactions and shared public platforms in accordance with law;

f.develop cybersecurity, data-governance, privacy and critical digital-infrastructure policy with competent institutions;

g.promote open technical standards, competitive access, innovation and affordable connectivity;

h.publish routes, schedules, safety information, licences, service standards, coverage and project information.

3.

The following institutional boundaries apply—

a.Public Works may deliver construction, but transport and communications policy, network planning and sector safety remain with this Ministry.

b.Independent transport-safety, telecommunications, competition, privacy or cybersecurity bodies established by law shall not be directed in individual matters.

CHAPTER IIICOMMON ORGANIZATION AND ADMINISTRATION

Regulation 28 — Ministerial leadership

1.

Each Ministry is headed by the Minister appointed by the President with the approval of the National Assembly in accordance with Article 42(7).

2.

The Minister is politically responsible for lawful policy direction, performance, integrity and stewardship of the Ministry and remains individually accountable to the President under Article 47.

3.

A Minister shall not direct an official to act unlawfully, decide a protected professional matter for partisan reasons or conceal information required by law.

Regulation 29 — Permanent Secretary and professional administration

1.

Each Ministry shall have a Permanent Secretary or equivalent principal administrative officer appointed under applicable civil-service law.

2.

The Permanent Secretary is responsible for lawful administration, personnel, finance, records, procurement, internal control, continuity and implementation of lawful ministerial policy.

3.

Appointments, promotions, discipline and separation of civil servants remain subject to the constitutional functions of the Civil Service Administration and applicable legislation.

Regulation 30 — Internal departments and units

1.

Within ninety days after final issuance, each Minister shall submit a proposed internal organization to the President and the Civil Service Administration.

2.

A proposal shall identify each department, its purpose, functions, staffing, reporting line, location, cost, service obligations and statutory basis.

3.

No department whose establishment is reserved to the President by Article 42(13) shall be treated as established merely by a Ministry circular, staffing chart or budget submission.

4.

Temporary teams and project units may be created within an approved establishment but shall not exercise an unassigned statutory function or continue beyond their approved term.

Regulation 31 — Strategic and annual plans

1.

Each Ministry shall prepare a five-year strategic plan and an annual implementation plan aligned with the national budget and national development plan.

2.

Each plan shall state measurable outcomes, principal programmes, responsible units, workforce needs, fiscal requirements, legal dependencies, risks and public reporting dates.

3.

A Ministry shall revise a plan when appropriations or lawful authority do not support the proposed activity.

Regulation 32 — Public services and service standards

1.

Each Ministry shall publish a complete register of the services it provides, the responsible office, legal requirements, documents, fees, processing times, review procedure and complaint channel.

2.

A service shall be designed to minimize visits, queues, duplicate documents and referrals among offices and shall be available electronically as far as law, access, security and practical conditions permit.

3.

A Ministry shall provide reasonable non-digital and assisted access so that disability, poverty, location, language or lack of connectivity does not exclude a person.

4.

Performance against service standards shall be measured and published at least quarterly.

Regulation 33 — Digital government and shared systems

1.

Ministries shall use common government platforms, data standards, identity services, payment systems, registers and cybersecurity controls designated under lawful government-wide policy.

2.

A Ministry shall not build a duplicative system without documented necessity, interoperability review, life-cycle costing and approval through the applicable digital-governance process.

3.

Personal data shall be collected only for a lawful and necessary purpose, protected against unauthorized use and retained only as permitted by law.

Regulation 34 — Transparency and public participation

1.

Each Ministry shall maintain an accessible website containing its mandate, organization, leadership, laws, regulations, policies, plans, budget information, procurement notices, contracts required to be disclosed, reports, consultations and contact information.

2.

A Ministry developing a major policy or legislative proposal shall publish a clear explanation, allow a reasonable opportunity for comment and publish a response to material issues unless urgency or law justifies a different process.

3.

An exception to publication shall be interpreted narrowly and shall not conceal illegality, waste, abuse, environmental harm or a serious threat to public health or safety.

Regulation 35 — Interministerial coordination

1.

The Ministry whose mandate most directly concerns a matter is the lead Ministry and shall convene affected Ministries early enough for meaningful participation.

2.

A written cooperation arrangement shall define responsibilities, information exchange, decision procedure, cost allocation, dispute escalation and public accountability where two or more Ministries share a continuing function.

3.

A jurisdictional dispute that Ministers cannot resolve shall be submitted promptly to the President and shall not be used to suspend an urgent lawful service.

Regulation 36 — Legal compliance

1.

Each Ministry shall maintain access to qualified legal advice and a register of the constitutional, statutory and regulatory authority governing its functions.

2.

Before adopting a measure affecting rights, obligations, expenditure, licences, property or enforcement, the Ministry shall identify its legal basis and assess necessity, proportionality, procedural fairness and available review.

3.

A Ministry shall suspend and correct an administrative practice found to lack legal authority and shall notify affected persons of an available remedy.

Regulation 37 — Fiscal and procurement discipline

1.

A Ministry may incur expenditure or commitment only within an appropriation and applicable public-finance and procurement law.

2.

Creation of a Ministry, department, post or programme under these Regulations does not itself appropriate money, create a tax, authorize borrowing or guarantee a debt.

3.

Ministries shall use competitive and transparent procurement, disclose conflicts of interest and maintain complete auditable records.

Regulation 38 — Human resources and integrity

1.

The Civil Service Administration and each Ministry shall develop merit-based staffing plans that favor redeployment, training and shared services before unnecessary recruitment.

2.

Every Ministry shall enforce applicable codes on impartiality, conflict of interest, gifts, misuse of information, political neutrality and protection of public property.

3.

A civil servant shall have a protected channel to report unlawful instruction, corruption, gross waste or serious danger and shall not be punished for a good-faith report.

Regulation 39 — Regional access and decentralization

1.

Ministries shall determine which services can be delivered effectively through regional or local offices, shared service centers, mobile teams or secure electronic channels.

2.

Decentralization shall be accompanied by a clear legal mandate, adequate resources, professional standards, data responsibilities and accountability.

3.

A Ministry shall not maintain a regional office where a shared or digital arrangement provides equal or better lawful service at materially lower cost.

Regulation 40 — Agencies and independent bodies

1.

An agency or body established by legislation retains the status, powers, governance and independence given by that legislation.

2.

Administrative association with a Ministry permits coordination and budget communication but not direction of an adjudicatory, audit, monetary, electoral, prosecutorial, statistical or regulatory decision protected by law.

3.

The responsible Minister may require lawful performance and financial reporting but shall not demand information whose disclosure would violate independence, privacy, professional privilege or an active investigation.

CHAPTER IVTRANSITION AND IMPLEMENTATION

Regulation 41 — Implementation plan

1.

Within thirty days after final issuance, the Office of the President shall publish a phased implementation plan prepared with the Civil Service Administration, Finance and Treasury, Planning and National Development and affected Ministries.

2.

The plan shall identify legal dependencies, staffing decisions, budgets, records, property, information systems, service continuity, public communication, risks and completion dates.

3.

The plan shall prioritize uninterrupted health, education, food, water, public-safety, border, revenue, payment and other essential services.

Regulation 42 — Transfer of ordinary administrative business

1.

The President may direct the transfer of non-statutory administrative business, personnel, records and property necessary to implement these Regulations, subject to law, appropriations and civil-service protections.

2.

A transfer direction shall be written, published, identify the receiving and former authority, specify the effective date and preserve access to records and pending services.

3.

Transfer of statutory authority requires the legal instrument authorized by the governing Act and shall not be inferred from a change of Ministry name.

Regulation 43 — Personnel transition

1.

No civil servant acquires or loses employment merely because a Ministry is renamed, merged, established or dissolved.

2.

Personnel decisions shall be made under applicable civil-service law after consultation with the Civil Service Administration and shall respect merit, accrued rights, fair procedure and operational need.

3.

Affected employees shall receive timely written information concerning placement, reporting line, location, duties, training, review and appeal.

4.

Redundant management layers and inactive posts shall be reviewed before new recruitment, while scarce professional capacity shall be protected and developed.

Regulation 44 — Property, records and digital systems

1.

Every transferring institution shall inventory public property, contracts, records, data, credentials, software, licences and pending obligations before transfer.

2.

Records shall remain authentic, searchable, secure and accessible to the receiving authority and to persons entitled to access them.

3.

No record, dataset or public asset may be destroyed, concealed, privatized or removed because of reorganization except under lawful records-disposal procedures.

Regulation 45 — Pending matters and continuity

1.

A lawful application, licence, contract, proceeding, payment, investigation or administrative review pending at commencement continues without loss of priority merely because responsibility changes.

2.

The receiving Ministry shall notify affected persons of the new responsible office and shall honor elapsed processing time.

3.

An existing lawful regulation, delegation or administrative decision continues until amended or revoked by competent authority, unless inconsistent with the Constitution or a later Act.

Regulation 46 — Budget and financial transition

1.

Finance and Treasury shall identify the fiscal effect of each transfer and propose any appropriation or lawful budget adjustment required for implementation.

2.

No unspent balance, revenue, debt, guarantee or contractual commitment transfers by implication.

3.

The Auditor-General shall receive the transfer inventory and financial reconciliation required by applicable law.

Regulation 47 — Public register of organization

1.

The Office of the President shall maintain a free and authoritative public register of Ministries, departments, Ministers, Permanent Secretaries, mandates, principal offices, contact information and effective organization instruments.

2.

The register shall state the legal basis and commencement date of every establishment, transfer, merger, renaming and dissolution.

3.

A discrepancy between the register and a published legal instrument shall be corrected promptly, and the legal instrument prevails.

Regulation 48 — Review of implementation

1.

The President, in consultation with the Civil Service Administration, shall review implementation six months and eighteen months after commencement.

2.

The review shall consider service performance, cost, staffing, duplication, coordination, legality, regional access, digital delivery and public feedback.

3.

A non-confidential report and any proposed corrective instrument shall be published for public consideration.

CHAPTER VFINAL PROVISIONS

Regulation 49 — Directions and administrative guidance

1.

The President may issue written administrative directions necessary to coordinate implementation of these Regulations, but a direction shall not amend these Regulations or create a statutory power.

2.

A Minister may issue internal guidance within the Ministry's lawful mandate, but guidance shall not bind the public as law, impose an unauthorized requirement or override an Act or Regulation.

3.

Directions and guidance of general public effect shall be published promptly.

Regulation 50 — Amendment, establishment and dissolution

1.

A Ministry or department reserved to presidential authority shall be established, materially reorganized or dissolved only by a published presidential instrument made under Article 42(13) after the constitutionally required consultation.

2.

Before a material amendment, the President shall obtain advice on staffing, affordability, continuity, legal consequences and service impact and shall ordinarily invite public comment.

3.

An instrument shall include necessary savings, transfer and commencement provisions and shall identify any legislation requiring consequential amendment.

Regulation 51 — Relationship with other laws

1.

These Regulations are subordinate to the Constitution and Acts and shall not be applied to displace a contrary statutory allocation.

2.

If a Ministry name in an existing law differs from the name used here, the statutory function remains with the legally designated authority until lawfully transferred.

3.

The Office of the President and the Ministry responsible for justice shall prepare consequential legislative proposals for consideration by the National Assembly.

Regulation 52 — Severability

1.

If a provision or application of these Regulations is held invalid, the remaining provisions and applications continue to the greatest extent consistent with the Constitution and law.

2.

A finding that a particular statutory function was not lawfully transferred does not invalidate the establishment of a Ministry or its other lawful administrative functions.

Regulation 53 — Publication and commencement

1.

The final Regulations shall be published in the Official Gazette and on the authoritative public legislation website in accessible and searchable form.

2.

The final Regulations come into force on the date stated in the instrument of final issuance, which shall allow sufficient time for lawful and orderly transition.

3.

The Office of the President shall publish, with the final text, a consultation report, the Civil Service Administration consultation summary and an implementation timetable.

Made at Asmara this [____] day of [____________], 2026.

PRESIDENT OF THE STATE OF ERITREA

Office of the President

Cabinet Regulations, 2026

CONSULTATION DRAFT — NOT ISSUED REGULATIONS

REGULATION NO. [____]/2026

CABINET REGULATIONS, 2026

(PRESIDENTIAL REGULATIONS)

TO GOVERN THE ORGANIZATION, FUNCTIONS, OPERATIONS AND CODE OF CONDUCT OF THE CABINET AND THE CABINET SECRETARIAT IN THE OFFICE OF THE PRESIDENT; TO SECURE COLLECTIVE, INFORMED, LAWFUL AND ACCOUNTABLE EXECUTIVE DECISION MAKING; AND TO PROVIDE FOR RELATED MATTERS.

PREAMBLE

WHEREAS Article 46(1) of the Constitution of Eritrea establishes a ministerial Cabinet presided over by the President, and Article 46(3) requires the Cabinet to assist the President in directing, supervising and coordinating government affairs and in studying and preparing the national budget, draft laws, policies and plans;

WHEREAS Article 46(4) of the Constitution expressly authorizes the President to issue rules and regulations governing the organization, functions, operations and code of conduct of Cabinet members and the Secretariat of the Office of the President;

WHEREAS Article 47 makes Ministers individually accountable to the President for their Ministries and collectively accountable to the National Assembly, through the President, for the work of the Cabinet, and permits the Assembly and its committees to summon Ministers through the Office of the President;

WHEREAS effective Cabinet government requires candid deliberation, reliable evidence, prior legal and fiscal review, consultation among affected Ministries, accurate records, clear decisions, disciplined implementation and truthful public explanation;

WHEREAS confidentiality is necessary for candid deliberation and the protection of legitimate public interests, but shall not be used to conceal illegality, corruption, gross waste, abuse of authority or serious danger to the public;

WHEREAS these Regulations regulate Cabinet procedure and ministerial conduct without legislating within the domain of the National Assembly, appropriating public money, displacing statutory functions or diminishing the independence of constitutional institutions;

WHEREAS publication as a consultation draft permits Ministers, civil servants, the National Assembly, constitutional institutions, professional bodies, civil society and the public to improve the Cabinet system before final issuance;

NOW, THEREFORE, in exercise of the powers conferred by Article 46(4) of the Constitution of Eritrea, the President issues these Regulations for public discussion as follows:

CHAPTER IPRELIMINARY

Regulation 1 — Short title

These Regulations may be cited as the Cabinet Regulations, 2026.

Regulation 2 — Status of consultation draft

1.

These Regulations are published for public discussion and have no legal effect before final issuance and publication.

2.

Written observations may be submitted to the Cabinet Secretariat in the manner and by the closing date specified in the accompanying notice.

3.

The President shall consider the consultation record before issuing the final Regulations.

Regulation 3 — Objects

1.

These Regulations establish a clear, disciplined and constitutional system for Cabinet deliberation, decision, implementation and accountability.

2.

They also prescribe standards of ministerial conduct and provide for an impartial and professional Cabinet Secretariat.

Regulation 4 — Interpretation

1.

In these Regulations, “Cabinet” means the ministerial Cabinet established by Article 46; “Cabinet Committee” means a committee established under Regulation 31; “Cabinet decision” means a determination recorded under Regulation 18; “Cabinet paper” includes a memorandum, minute, brief, annex, presentation or other material submitted for Cabinet business; “Minister” means a Minister appointed under Article 42(7); “President” means the President of the State of Eritrea; and “Secretariat” means the Cabinet Secretariat in the Office of the President.

2.

A reference to law includes the Constitution, an Act, a Proclamation and valid subordinate legislation, as applicable.

Regulation 5 — Constitutional character and limits

1.

Cabinet assists the President in the functions stated in Article 46(3), and these Regulations do not create an executive authority independent of the President.

2.

A Cabinet decision cannot enact a law, appropriate money, impose a tax, transfer a statutory function, create an offence, authorize public borrowing or restrict a constitutional right unless the Constitution or an Act supplies the required authority.

3.

These Regulations shall not be applied to direct or interfere with the National Assembly, Judiciary, Judicial Service Commission, Auditor-General, National Bank, Civil Service Administration, Electoral Commission, Advocate-General or another independent institution in a protected function.

4.

If a Cabinet proposal requires legislation or appropriation, Cabinet may approve its submission but may not treat the proposal as law or available public money before completion of the constitutional process.

CHAPTER IICABINET MEMBERSHIP AND RESPONSIBILITY

Regulation 6 — Composition of Cabinet

1.

Cabinet consists of the President and Ministers appointed in accordance with the Constitution.

2.

Only the President and Ministers may take part in a Cabinet determination.

3.

The Secretary to the Cabinet attends in an official capacity but is not a member and does not participate in a determination.

Regulation 7 — President as Chair

1.

The President presides over every Cabinet meeting as required by Article 46(1), settles the agenda, guides deliberation and records the final determination after receiving Cabinet's assistance.

2.

A gathering of Ministers not presided over by the President is not a Cabinet meeting and may not purport to make a Cabinet decision.

3.

The President may require further analysis, consultation, revision or reconsideration before making or confirming a determination.

Regulation 8 — Individual and collective accountability

1.

A Minister is individually accountable to the President for the lawful and effective administration of the Minister's portfolio.

2.

Ministers are collectively accountable to the National Assembly, through the President, for the administration of Cabinet work under Article 47.

3.

Individual responsibility does not excuse a Minister from implementing a lawful Cabinet decision, and collective responsibility does not excuse unlawful personal conduct or maladministration within a Ministry.

Regulation 9 — Attendance and preparation

1.

A Minister shall attend every Cabinet meeting unless excused by the President for good cause and shall review the agenda and papers before the meeting.

2.

A Minister unable to attend shall notify the Secretary promptly, state the reason and provide any relevant written view through a secure channel.

3.

Foreign travel and other official commitments shall be arranged, as far as practicable, so that Cabinet can meet and essential portfolios remain continuously represented.

Regulation 10 — Invitees and advisers

1.

The President may invite a public officer, independent officeholder, technical expert or other person to attend for a specified item when the person's contribution is necessary.

2.

An invitee shall receive only the material necessary for that item, shall disclose relevant interests and shall withdraw when requested.

3.

An invitee does not participate in a Cabinet determination and is bound by the applicable duties of confidentiality and record protection.

Regulation 11 — Ministerial undertaking

1.

Upon appointment, a Minister shall sign an undertaking to comply with the Constitution, applicable law, these Regulations and lawful Cabinet decisions.

2.

The undertaking is a condition of Cabinet conduct and is not an oath created in substitution for an oath prescribed by the Constitution or an Act.

CHAPTER IIICABINET MEETINGS AND DECISIONS

Regulation 12 — Ordinary meetings

1.

Cabinet shall meet on a regular schedule approved by the President and sufficiently often to direct, supervise and coordinate government affairs.

2.

The Secretary shall circulate an annual meeting calendar and update it when the President changes the schedule.

Regulation 13 — Special and remote meetings

1.

The President may convene a special meeting when urgent or exceptional business cannot await the next ordinary meeting.

2.

Cabinet may meet through a secure remote system when physical attendance is impracticable and identity, confidentiality, participation and record integrity can be protected.

3.

A remote meeting remains subject to the same quorum, recusal, record and decision requirements as an in-person meeting.

Regulation 14 — Notice and agenda

1.

The Secretary shall circulate notice, the proposed agenda and Cabinet papers at least five working days before an ordinary meeting unless the President permits a shorter period for stated reasons.

2.

The agenda shall distinguish matters for decision, discussion, noting, information and oral briefing.

3.

A Minister may request an item through the Secretary, but the President determines whether and when it is placed on the agenda.

Regulation 15 — Quorum

1.

The quorum is the President and more than one-half of the serving Ministers who are not recused from the meeting as a whole.

2.

A vacant office is excluded when calculating the number of serving Ministers.

3.

Cabinet shall not make a determination without a quorum, but lack of quorum does not suspend a power that the Constitution or an Act confers personally on the President.

Regulation 16 — Order and equality of deliberation

1.

The President shall permit relevant Ministers a reasonable opportunity to state their views and shall encourage candid, concise and evidence-based discussion.

2.

Seniority, military rank, party office, personal association or control of a security institution gives no Minister a superior vote or right to silence another Minister.

3.

Personal attack, intimidation, retaliation and deliberate withholding of material information are inconsistent with Cabinet responsibility.

Regulation 17 — Consensus and disagreement

1.

Cabinet shall seek consensus through reasoned deliberation, identification of common ground and resolution of legal, fiscal and implementation concerns.

2.

A Minister may request that a material objection or alternative be summarized in the confidential record before the President determines the matter.

3.

A formal vote may be taken to inform the President, but it is advisory and does not displace the President's constitutional responsibility.

Regulation 18 — Cabinet determination

1.

After deliberation, the President shall state the determination, including any conditions, lead Minister, required consultation, legal or budget dependency, reporting date and public-communication instruction.

2.

The Secretary shall read back or otherwise verify the operative terms before the meeting moves to the next item.

3.

Only the determination recorded and approved under Regulation 21 constitutes the Cabinet decision; a Cabinet paper or discussion does not.

Regulation 19 — Adjournment and deferral

1.

The President may adjourn a meeting or defer an item for further evidence, consultation, drafting, legal review or fiscal analysis.

2.

The minutes shall record the reason for deferral and the action, responsible Minister and return date required before reconsideration.

Regulation 20 — Reconsideration

1.

A Minister seeking reconsideration shall identify a material change, error, legal concern, fiscal consequence or implementation difficulty that could alter the decision.

2.

The President may authorize reconsideration and may suspend implementation to the extent necessary to avoid illegality or serious harm.

3.

A request for reconsideration does not otherwise suspend a Cabinet decision.

Regulation 21 — Minutes and confirmation

1.

The Secretary shall prepare an impartial record of attendance, recusals, matters considered, material alternatives, decisions, assigned actions and deadlines.

2.

Minutes shall not attribute individual views unless the President directs, a Minister requests a material objection to be noted or attribution is necessary to record a conflict, recusal or assigned duty.

3.

Draft minutes shall be submitted to the President promptly and confirmed at the next meeting or through another secure procedure approved by the President.

4.

A clerical correction shall preserve the original record and an alteration affecting substance requires presidential confirmation and an audit trail.

CHAPTER IVCABINET BUSINESS AND SUBMISSIONS

Regulation 22 — Matters ordinarily requiring Cabinet consideration

1.

The following matters shall ordinarily be submitted to Cabinet before presidential action or public commitment—

a.the national budget, a medium-term fiscal framework and a material change to approved fiscal policy;

b.a draft law proposed for submission to the National Assembly and a major subordinate legislative instrument;

c.a national policy, national plan or material change in government priority;

d.a treaty or international commitment having significant legal, fiscal, security, territorial, environmental or social consequences;

e.a proposal affecting more than one Ministry or an independent constitutional institution;

f.a major public investment, concession, guarantee, privatization, public-private partnership or disposition of strategic public property;

g.a response to a national emergency or other matter of exceptional public importance.

2.

The President may refer another matter to Cabinet and may determine that a routine, delegated or purely administrative matter need not be submitted.

Regulation 23 — Cabinet memorandum

1.

A sponsoring Minister shall submit a concise Cabinet memorandum in the form approved by the President on the recommendation of the Secretary.

2.

The memorandum shall state the decision requested, material facts, evidence, alternatives, consultation, legal authority, rights effects, fiscal and economic consequences, implementation arrangements, risks, communication plan and monitoring indicators.

3.

Material uncertainty, disagreement, adverse advice and an option rejected by the sponsoring Minister shall be disclosed fairly.

4.

A paper shall identify confidential annexes separately and shall not classify material merely to avoid criticism or embarrassment.

Regulation 24 — Interministerial consultation

1.

The sponsoring Minister shall consult every Ministry whose mandate, resources, legislation, information or implementation responsibility is materially affected.

2.

Consultation shall occur early enough to influence the proposal and shall not consist merely of circulating a completed paper immediately before submission.

3.

The memorandum shall state the position of each affected Ministry and reproduce or fairly summarize an unresolved material disagreement.

4.

The Secretary may return a paper that lacks required consultation.

Regulation 25 — Legal and constitutional review

1.

A proposal involving law, rights, public power, institutional independence, a treaty, litigation risk or subordinate legislation shall receive written legal review before submission.

2.

The review shall identify constitutional and statutory authority, required procedure, rights limitations, institutional competence, judicial-review risk, transitional provisions and any need for an Act of the National Assembly.

3.

The Ministry responsible for justice and the Advocate-General shall perform only the respective functions assigned to them by law, and neither may displace the constitutional authority of the courts.

4.

A serious unresolved legal objection shall be placed before Cabinet and shall not be omitted from the paper.

Regulation 26 — Fiscal, economic and implementation review

1.

Finance and Treasury shall review a proposal having material revenue, expenditure, debt, guarantee, procurement, asset or fiscal-risk consequences.

2.

Planning and National Development shall review a major policy or programme for consistency with national plans, measurable outcomes, delivery capacity and evaluation arrangements.

3.

The responsible Ministry shall assess effects on competition, small enterprise, employment, prices, regions, vulnerable persons, the environment and administrative burden where material.

4.

Cabinet approval does not supply an appropriation, and an unfunded proposal shall state that implementation depends on lawful budget authority.

Regulation 27 — Public consultation and affected interests

1.

A major policy, Bill or measure materially affecting rights, livelihoods, property, markets, regions or the environment shall ordinarily undergo proportionate public consultation before final Cabinet approval.

2.

The consultation shall provide understandable information, reasonable time, accessible participation and a fair summary of material responses.

3.

A decision to omit or shorten consultation shall state the urgency, confidentiality or other public-interest reason and shall be reviewed after the immediate need passes.

Regulation 28 — Submission deadlines and late papers

1.

A complete paper shall reach the Secretariat at least seven working days before the meeting at which consideration is requested, unless the Secretary sets a longer period for complex business.

2.

A late paper requires the President's permission and a written explanation of urgency, consultation completed and prejudice likely from delay.

3.

Administrative delay, avoidable poor planning or a desire to prevent scrutiny does not constitute urgency.

Regulation 29 — Oral and tabled items

1.

An item not supported by a circulated paper shall be considered only with the President's permission where genuine urgency or sensitivity makes prior circulation impracticable.

2.

The responsible Minister shall state the decision requested, authority, material facts, legal and fiscal implications and consultations completed.

3.

Unless immediate determination is indispensable, Cabinet shall direct preparation of a written paper before final decision.

4.

The Secretariat shall create a written record and obtain any missing review promptly after an emergency determination.

Regulation 30 — National security and emergency business

1.

Sensitive security information shall be limited to what Cabinet needs and handled through secure procedures, but national-security classification shall not remove the requirement of legality, necessity, proportionality, fiscal control and record keeping.

2.

An emergency proposal shall identify the legal authority, geographic and temporal scope, responsible command, civilian protection, reporting, review, termination and remedy arrangements.

3.

A measure restricting constitutional rights shall be no broader or longer than strictly required and remains subject to the Constitution, legislation and judicial review.

4.

Cabinet shall schedule review of every continuing emergency measure at stated intervals.

CHAPTER VCABINET COMMITTEES AND OFFICIAL COORDINATION

Regulation 31 — Establishment of Cabinet Committees

1.

The President may establish a standing or temporary Cabinet Committee by written instrument stating its name, membership, chair, mandate, reporting line and duration.

2.

A Committee shall improve detailed consideration, coordination or crisis response and shall not fragment Cabinet accountability.

3.

The instrument and non-confidential mandate shall be published unless a lawful and compelling security reason requires limited disclosure.

Regulation 32 — Committee authority

1.

A Cabinet Committee may examine, coordinate and recommend matters within its mandate.

2.

A Committee determination has the effect specified by the President, but a matter reserved by these Regulations or by presidential direction to full Cabinet shall be referred to Cabinet.

3.

A Committee may not exercise a statutory power vested in a Minister or independent institution unless lawfully delegated.

Regulation 33 — Committee procedure

1.

Regulations 9, 10, 13 to 21, 23 to 30 and 47 to 55 apply to a Cabinet Committee with necessary modifications.

2.

The Committee chair performs the procedural functions assigned to the President, but the President retains authority to settle jurisdiction, require reconsideration or refer a matter to Cabinet.

3.

The Secretariat shall service each Cabinet Committee and maintain its records within the Cabinet record system.

Regulation 34 — Interministerial committees of officials

1.

The Secretary or affected Permanent Secretaries may establish an officials' committee to prepare advice, coordinate implementation or resolve technical issues.

2.

An officials' committee shall have a written mandate, responsible chair, timetable and reporting destination.

3.

Officials may advise and coordinate but may not make a Cabinet decision or exercise a Minister's nondelegable statutory discretion.

4.

A material disagreement among officials shall be stated, not concealed through an artificial consensus.

CHAPTER VIIMPLEMENTATION AND PERFORMANCE

Regulation 35 — Communication of decisions

1.

The Secretariat shall issue an authenticated decision minute promptly to each responsible Minister and authorized implementing official.

2.

The minute shall state the decision, conditions, lead and supporting Ministries, legal and budget dependencies, deliverables, deadlines and reporting requirements.

3.

No person shall implement a recollection, press report or draft minute that conflicts with the authenticated decision.

Regulation 36 — Implementation responsibility

1.

The lead Minister is accountable for implementation and shall convene supporting Ministries, resolve operational issues and report material risk or delay.

2.

A supporting Minister shall provide the agreed information, personnel, approval or action within the specified time.

3.

A Cabinet decision shall not be implemented through an unlawful direction, unappropriated expenditure or interference with an independent function.

Regulation 37 — Cabinet action register

1.

The Secretariat shall maintain a secure action register recording every current decision, responsible institution, milestone, dependency, status and reporting date.

2.

The Secretariat shall notify the President and responsible Minister of overdue or materially at-risk action and place persistent failure before Cabinet.

3.

A public implementation summary shall be maintained for decisions whose disclosure is not lawfully restricted.

Regulation 38 — Monitoring, evaluation and review

1.

A major Cabinet decision shall contain measurable outcomes, baseline information, review dates and responsibility for monitoring and evaluation.

2.

Planning and National Development shall provide government-wide performance analysis without altering professional findings for political convenience.

3.

Cabinet shall amend, suspend or terminate a policy that evidence shows to be unlawful, ineffective, wasteful or disproportionately harmful.

Regulation 39 — Failure or inability to implement

1.

A Minister who cannot implement a decision lawfully, within appropriation or by the required date shall notify the President and Secretary immediately.

2.

The notice shall state the reason, consequence, mitigation and decision required and shall not wait until the deadline has expired.

3.

Concealing failure, falsifying progress or shifting responsibility without authority constitutes serious ministerial misconduct.

CHAPTER VIILEGISLATION, BUDGET AND INTERNATIONAL AGREEMENTS

Regulation 40 — Draft laws

1.

Cabinet shall study a proposed Bill before the President presents it to the National Assembly under Article 42(15).

2.

The submission shall include drafting instructions, the draft text, a constitutional and rights analysis, consultation report, fiscal statement, implementation plan and consequential amendments.

3.

Cabinet approval authorizes submission through the President and does not enact the Bill or bind the National Assembly.

Regulation 41 — Subordinate legislation

1.

Cabinet shall not approve subordinate legislation unless the enabling Act and the authorized maker are identified.

2.

A proposed instrument shall remain within delegated authority, follow required consultation and publication, and contain no tax, offence, coercive power or restriction beyond the enabling law.

3.

The Cabinet decision shall distinguish policy approval from the later legal act of making and publishing the instrument by the competent authority.

Regulation 42 — National budget

1.

Cabinet shall study and prepare the national budget for presentation by the President in accordance with Articles 32(3), 42(15) and 46(3)(b).

2.

Finance and Treasury shall present fiscal assumptions, revenue, expenditure, debt, risks, ministry ceilings, major investments and consistency with national priorities.

3.

A Minister shall disclose an unfunded commitment, arrear, guarantee, contingent liability or material fiscal risk within the Minister's portfolio.

4.

Cabinet agreement to a budget proposal does not authorize expenditure before Assembly approval and lawful budget execution.

Regulation 43 — International agreements

1.

A proposal to negotiate or sign an international agreement shall identify the President's authority under Article 42(6), the subject, negotiating mandate, responsible delegation, fiscal exposure and domestic legal consequences.

2.

Before signature or ratification, the responsible Minister shall identify whether National Assembly ratification under Article 32(4), implementing legislation, appropriation, reservation, declaration or publication is required.

3.

Cabinet shall not treat international deposit or executive signature as a substitute for constitutional authorization or domestic legislation.

4.

Foreign Affairs and Diaspora shall maintain the public treaty-status register required by the Government Ministries Organization Regulations.

CHAPTER VIIIMINISTERIAL CODE OF CONDUCT

Regulation 44 — Primacy of public duty

1.

A Minister shall act lawfully, honestly, diligently, impartially and for the public interest and shall uphold the Constitution and dignity of public office.

2.

A Minister shall take responsibility for decisions, correct material error, give truthful information and cooperate with lawful oversight.

3.

Public office shall not be used for personal, family, party, military, business or factional advantage.

Regulation 45 — Collective responsibility

1.

A Minister may argue freely and candidly within Cabinet and may request reconsideration under Regulation 20.

2.

After a lawful Cabinet decision, a Minister shall implement and publicly support it or seek the President's permission to abstain in exceptional circumstances.

3.

A Minister who cannot in conscience remain collectively responsible shall tender resignation rather than secretly obstruct implementation or misrepresent the decision.

4.

Collective responsibility does not require a Minister to conceal illegality, corruption, falsification or a serious threat to public safety.

Regulation 46 — Confidentiality and lawful disclosure

1.

A Minister shall protect Cabinet papers, deliberations and information whose confidentiality is necessary for candid decision making, national security, privacy, commercial fairness, legal privilege or another lawful public interest.

2.

Confidentiality shall be limited in subject and duration and shall not be asserted merely to avoid embarrassment, scrutiny or political disagreement.

3.

A Minister shall use protected reporting channels for suspected illegality or serious wrongdoing and may make another disclosure when protected or required by law.

4.

Unauthorized disclosure and deliberate over-classification are both breaches of these Regulations.

Regulation 47 — Conflicts of interest

1.

A Minister shall identify and promptly disclose to the President and Secretary an actual, potential or reasonably perceived conflict between public duty and a personal, family, financial, professional or close-associate interest.

2.

The President shall determine appropriate management, including disclosure, recusal, non-receipt of papers, divestment, transfer of responsibility, blind management or another effective measure.

3.

The declaration, management decision, absence from papers and withdrawal from deliberation shall be recorded.

4.

A recused Minister shall not influence officials, colleagues or an outside person concerning the matter.

Regulation 48 — Interests, assets and liabilities

1.

A Minister shall file with the designated ethics authority and the President a complete declaration of interests, significant assets, liabilities, beneficial ownerships, directorships, partnerships, trusts and qualifying interests of dependent family members as required by law or presidential code.

2.

A declaration shall be made on appointment, annually, on material change and on leaving office.

3.

Public disclosure shall follow governing legislation and shall balance transparency with legitimate privacy and security.

4.

These Regulations do not create a criminal offence or substitute for financial-disclosure legislation.

Regulation 49 — Gifts, hospitality and sponsored travel

1.

A Minister shall not solicit or accept a gift, hospitality, service, discount, loan, travel or benefit that may influence, appear to influence or reward official action.

2.

A permissible official gift shall be declared, recorded and treated as State property when required by law or applicable policy.

3.

Sponsored travel requires prior approval, disclosure of the sponsor and purpose, and assurance that no improper obligation arises.

4.

Cash and cash equivalents shall not be accepted.

Regulation 50 — Public resources and political activity

1.

A Minister shall use public money, staff, vehicles, premises, information and communication systems only for lawful public purposes.

2.

Party-political and electoral activity shall be separated from State administration, and a civil servant shall not be compelled to perform partisan work.

3.

Official communication may explain and defend government policy but shall not knowingly disseminate false information or target a person for lawful criticism.

Regulation 51 — Appointments, contracts and influence

1.

A Minister shall not secure appointment, promotion, licence, contract, concession, benefit or regulatory advantage for a relative, associate, donor, party supporter or business interest except through a fair lawful process in which the Minister has no improper role.

2.

A Minister shall not direct or pressure a civil servant, procurement official, regulator, police officer, prosecutor, auditor, judge or independent officeholder to favor or punish a person improperly.

3.

An attempted improper influence shall be documented and reported through the appropriate lawful channel.

Regulation 52 — Use of information and post-office restraint

1.

A Minister shall not use confidential or non-public information for personal advantage, securities dealing, land acquisition, business opportunity or benefit to another person.

2.

Upon leaving office, a former Minister remains bound by lawful confidentiality, record-return and conflict restrictions.

3.

A former Minister shall not retain Cabinet papers or exploit confidential knowledge to obtain an unfair private advantage.

Regulation 53 — Duty to report serious wrongdoing

1.

A Minister who reasonably believes that a Cabinet member or senior official has engaged in illegality, corruption, gross waste, serious abuse of authority or conduct endangering the public shall report the matter promptly to the President and an institution legally competent to investigate.

2.

If the allegation concerns the President, the Minister shall use the constitutionally competent oversight, investigative or judicial institution.

3.

No person may retaliate against a good-faith report or interfere with lawful preservation of evidence.

CHAPTER IXCABINET SECRETARIAT AND RECORDS

Regulation 54 — Secretary to the Cabinet

1.

The President shall designate a professionally qualified Secretary to the Cabinet within the Office of the President.

2.

The Secretary is responsible directly to the President for the impartial administration of Cabinet procedure and is responsible to Cabinet collectively for accurate records and effective operation of the Cabinet system.

3.

The Secretary shall serve without partisan preference and shall not alter advice, minutes or decisions to favor a Minister or faction.

Regulation 55 — Functions of Secretariat

1.

The Secretariat shall manage the Cabinet calendar, agenda, papers, meetings, committees, decisions, action register, secure communications and institutional memory.

2.

It shall test submissions for completeness, consultation, legal and fiscal review, clarity of decision requested and readiness for consideration without deciding the policy merits.

3.

It shall advise the President and Ministers on these Regulations, train officials in Cabinet procedure and maintain standard templates and guidance.

4.

It shall coordinate publication of authorized Cabinet decisions and implementation summaries.

Regulation 56 — Cabinet record

1.

The Cabinet record includes agendas, papers, annexes, declarations, attendance, minutes, decisions, action reports, committee records and authenticated communications.

2.

Cabinet business shall be conducted through approved systems, and a substantive decision or direction given through another channel shall be captured promptly in the official record.

3.

No Cabinet record may be destroyed, concealed, altered, removed or privately retained except under lawful records and archives procedures.

Regulation 57 — Security, access and classification

1.

The Secretariat shall apply proportionate security controls based on assessed harm, need to know, identity verification, encryption, access logging and secure retention.

2.

Classification shall state the responsible authority, reason and review date and shall be reviewed periodically for reduction or release.

3.

Access shall be given where required for lawful implementation, audit, investigation, judicial process, legislative accountability or archives, subject to applicable safeguards.

4.

A system shall preserve an audit trail of access, amendment, transmission and deletion.

Regulation 58 — Archives and democratic continuity

1.

Cabinet records are records of the State and shall be preserved as part of Eritrea's institutional memory.

2.

The Secretariat shall transfer records of enduring value to the competent national archives under law while protecting legitimately restricted information.

3.

A change of President, Minister or political administration does not authorize destruction, private removal or falsification of the Cabinet record.

4.

Regulations governing access by a succeeding administration shall protect both continuity of government and the lawful confidentiality of prior deliberations.

Regulation 59 — Continuity and contingency arrangements

1.

The Secretariat shall maintain secure backup, disaster recovery, alternative meeting, succession of authorized custodians and emergency communication arrangements.

2.

The arrangements shall be tested periodically and corrected after each exercise or incident.

3.

A continuity arrangement shall preserve presidential control, Cabinet identity, quorum, record integrity and protection against impersonation or unauthorized decision.

CHAPTER XACCOUNTABILITY AND PUBLIC COMMUNICATION

Regulation 60 — National Assembly appearances

1.

A summons from the National Assembly or a committee under Article 47(2) shall be transmitted through the Office of the President promptly and without obstruction.

2.

The Office shall coordinate attendance and necessary Cabinet information but shall not prevent the Assembly from questioning the summoned Minister concerning operation of the Ministry.

3.

A Minister shall answer truthfully, correct a material error promptly and claim confidentiality only on a lawful and specifically stated ground.

Regulation 61 — Reports to the National Assembly and public

1.

Cabinet shall support full and regular reporting on execution of laws, expenditure of public money, implementation of national plans and administration of Ministries.

2.

The President shall coordinate collective reporting, and each Minister remains responsible for accurate portfolio reporting.

3.

A public report shall distinguish planned, approved, funded, commenced and completed action and shall not describe a proposal as an accomplished result.

Regulation 62 — Cabinet communication

1.

After each meeting, the President or authorized spokesperson shall publish a timely and accurate statement of decisions suitable for public release.

2.

The statement shall explain the decision, purpose, responsible Ministry, legal or budget dependency and expected implementation where disclosure is lawful.

3.

Ministers shall not announce a Cabinet decision before authorized release or contradict the authenticated decision while purporting to speak for government.

4.

Correction of material public error shall be prompt and as visible as the original communication.

Regulation 63 — Judicial, audit and investigative processes

1.

Cabinet and Ministers shall comply with lawful court orders and shall provide assistance required to protect judicial independence under Article 48(4).

2.

No Cabinet decision may obstruct the Auditor-General, an independent investigation, lawful evidence preservation or a remedy ordered by a competent authority.

3.

Legal privilege and confidentiality may be asserted only by the competent authority and shall not be used to conceal wrongdoing.

CHAPTER XICOMPLIANCE AND FINAL PROVISIONS

Regulation 64 — Advice, forms and procedural directions

1.

The Secretary may issue forms, templates and procedural guidance consistent with these Regulations after approval by the President.

2.

The President may issue written directions concerning Cabinet administration, but a direction shall not amend these Regulations, create legislation or excuse illegality.

3.

Guidance of general application shall be published unless lawful confidentiality requires otherwise.

Regulation 65 — Urgent departure from procedure

1.

The President may authorize a temporary departure from a procedural requirement where strict compliance is impracticable because of genuine urgency, national security, disaster or technological failure.

2.

The departure, reason, safeguards and steps for later compliance shall be recorded.

3.

No departure may waive constitutional authority, statutory procedure, appropriation, quorum, conflict disclosure, record creation or judicial obligation.

4.

Cabinet shall review a continuing departure at the earliest practicable meeting.

Regulation 66 — Alleged breach and response

1.

An alleged breach shall be assessed fairly, promptly and confidentially to the extent consistent with accountability and the rights of affected persons.

2.

The President may seek independent legal, ethical, audit or investigative advice and shall refer suspected criminal or statutory misconduct to the competent authority.

3.

A Minister shall receive notice of a material allegation and a fair opportunity to respond, except to the extent temporary confidentiality is necessary to preserve evidence or protect a person.

4.

No internal Cabinet process shall displace the jurisdiction of a court, the National Assembly or an independent institution.

Regulation 67 — Consequences of breach

1.

Depending on seriousness, the President may require advice, correction, apology, disclosure, recusal, repayment, training, reassignment, formal reprimand, resignation or removal under Article 42(17).

2.

A consequence under these Regulations is administrative and political and does not create a criminal offence or civil penalty.

3.

Referral for prosecution, recovery, discipline or other legal action shall occur only under the applicable law and competent procedure.

4.

A remedy shall address institutional weakness and public harm as well as individual responsibility.

Regulation 68 — Annual review

1.

The Secretary shall review operation of these Regulations annually and report to the President on timeliness, paper quality, consultation, legal compliance, fiscal review, implementation, record security and recurring failures.

2.

The President shall invite periodic views from Ministers, Permanent Secretaries, the Civil Service Administration, oversight institutions and the National Assembly on improvements affecting their constitutional relations.

3.

A material proposed amendment shall ordinarily be published for consultation before issuance.

Regulation 69 — Publication and commencement

1.

The final Regulations shall be published in the Official Gazette and on the authoritative public legislation website in accessible and searchable form.

2.

They come into force on the date stated in the final instrument.

3.

The Office of the President shall publish with the final Regulations a consultation report, implementation circular and standard Cabinet memorandum template.

Made at Asmara this [____] day of [____________], 2026.

PRESIDENT OF THE STATE OF ERITREA

Office of the President

Digitalization of Executive Services Regulations, 2026

CONSULTATION DRAFT — NOT ENACTED LAW

EXECUTIVE REGULATION NO. ___/2026

DIGITALIZATION OF EXECUTIVE SERVICES REGULATIONS, 2026

(PRESIDENTIAL REGULATION)

AN EXECUTIVE REGULATION TO MODERNIZE MINISTRIES AND EXECUTIVE AGENCIES, REQUIRE PUBLIC INFORMATION AND ACCESSIBLE ELECTRONIC DELIVERY OF EXISTING SERVICES, AND PROVIDE FOR TESTING AND PUBLIC LAUNCH BY 1 JANUARY 2027

PREAMBLE

WHEREAS under Article 32(1) of the Constitution of Eritrea, the National Assembly is the supreme legislative body, and no person or organization may make a decision having the force of law except as authorized by the Constitution or an Assembly Act;

WHEREAS Articles 39, 42, 46 and 47 of the Constitution authorize the President to direct and coordinate executive government and ensure efficient management and execution of the laws, while Articles 9, 11, 19 and 24 require the State to promote technology, efficient public service, access to information and equitable administrative answers and redress;

WHEREAS public services remain dependent on backward, fragmented and poorly explained paper procedures, causing citizens to wait for days in queues, move repeatedly between offices, lose productive time and seek assistance without knowing which institution or official is responsible;

WHEREAS ministries and executive agencies often fail to publish current information about their functions, requirements, forms, fees, processing periods, responsible offices and remedies, producing delay, uncertainty, unequal treatment and opportunities for abuse;

WHEREAS transparent information, modern records and secure electronic delivery can enable people, as far as reasonably practicable, to obtain public information and complete government transactions without leaving home;

WHEREAS practical testing has shown that even a capable student with a decent laptop, internet access and suitable artificial-intelligence-service subscriptions can digitalize substantial parts of the entire operation of a government, demonstrating that limited resources are no excuse for administrative backwardness and that technology can enable a small number of trained persons to improve services formerly requiring far greater labor;

WHEREAS executive modernization must be undertaken without encroaching upon the legislative authority of the National Assembly, altering rights or duties established by an Assembly Act, or weakening privacy, equality, administrative redress and access to non-electronic services;

NOW, THEREFORE, the President of Eritrea, acting under Articles 39, 42, 46 and 47 of the Constitution and applicable Assembly Acts governing the public service and executive institutions, makes the following Executive Regulations.

CHAPTER 1PRELIMINARY PROVISIONS

Regulation 1 — Short title

These Regulations may be cited as the Digitalization of Executive Services Regulations, 2026.

Regulation 2 — Authority and character

1.

These Regulations govern the internal administration of ministries and Executive Agencies and the manner in which they perform functions already conferred by the Constitution or an Assembly Act.

2.

These Regulations do not confer legislative power upon the President, a Minister or an Executive Agency beyond authority granted by the Constitution or an Assembly Act.

3.

A requirement under these Regulations shall be implemented only to the extent that it is consistent with superior law and the lawful budget.

Regulation 3 — Purposes

1.

The purposes of these Regulations relating to public-service access and delivery are to:

a.reduce delay, queues, unnecessary travel, repeated appearances and avoidable administrative cost;

b.make accurate public information readily available;

c.enable existing public services to be requested, processed, tracked and delivered electronically as far as reasonably practicable; and

d.improve the accuracy, security and accessibility of government records.

2.

The purposes of these Regulations relating to coordination, safeguards and implementation are to:

a.coordinate technology and prevent incompatible, duplicative and wasteful systems;

b.protect privacy, equality, administrative redress and access for persons unable to use electronic services; and

c.require testing, refinement and accountable public launch of electronic services by 1 January 2027.

Regulation 4 — Application

1.

These Regulations apply to every ministry, department and other institution forming part of the executive government and subject to direction or coordination by the President.

2.

These Regulations do not direct the National Assembly, a court, the Electoral Commission, the Auditor General, the National Bank, an independent constitutional institution or another body protected from executive direction by an Assembly Act.

3.

An institution excluded under paragraph 2 may voluntarily adopt compatible standards without surrendering its constitutional or statutory independence.

Regulation 5 — Definitions

1.

In these Regulations, unless the context otherwise requires, the following expressions concerning executive institutions and responsibility have the meanings assigned to them:

a.“Agency Head” means the Minister, commissioner, director, chief executive or other person lawfully responsible for an Executive Agency;

b.“Executive Agency” means an institution to which these Regulations apply under Regulation 4; and

c.“responsible office” means the office designated under Regulation 7.

2.

In these Regulations, unless the context otherwise requires, the following expressions concerning services, records and technology have the meanings assigned to them:

a.“digital service” means a public service or administrative transaction made available through an electronic system;

b.“electronic record” means information created, received, maintained or transmitted by electronic means;

c.“essential service” means a public service whose interruption or denial may materially affect life, health, liberty, livelihood, legal status or access to another right; and

d.“interoperability” means the capacity of authorized systems to exchange and use information securely and accurately.

Regulation 6 — Governing principles

1.

Implementation shall be guided by principles concerning legality, public service and access:

a.legality and respect for the legislative authority of the National Assembly;

b.service to the public, simplicity, transparency and reasonable speed; and

c.equal access and continued assistance for persons unable to use digital services.

2.

Implementation shall also be guided by principles concerning safeguards, technology and continuous improvement:

a.privacy, security, accuracy and accountability;

b.technology neutrality and avoidance of unjustified dependence on a single supplier;

c.interoperability and responsible use of public resources; and

d.continuous testing and improvement based on evidence and public experience.

CHAPTER 2GOVERNANCE AND MODERNIZATION PLANNING

Regulation 7 — Responsible office and officer

1.

Within fourteen days after commencement, every Executive Agency shall designate a responsible office and a senior officer accountable for implementation.

2.

The designation shall be published on the Agency’s website and communicated to the Office of the President and the Public Service Administration.

Regulation 8 — Service and technology inventory

1.

Within thirty days after commencement, every Executive Agency shall complete a verified inventory of:

a.each public service, license, permit, registration, certificate, payment, complaint and other transaction it administers;

b.the constitutional or statutory authority for each transaction;

c.the forms, documents, fees, appearances, approvals and processing periods presently required;

d.the responsible offices and officials;

e.existing paper and electronic records;

f.technology, connectivity, staffing and training available; and

g.delay, duplication, repeated submission, unnecessary travel and other identifiable obstacles.

2.

An Agency shall not treat an administrative practice as a legal requirement unless it can identify the constitutional or statutory authority supporting it.

Regulation 9 — Modernization plan

1.

Within forty-five days after commencement, every Executive Agency shall approve and publish a modernization plan for compliance by 1 January 2027.

2.

The plan shall identify services to be digitized, responsible persons, technical needs, testing periods, risks, budget requirements, public-access arrangements and measurable completion dates.

3.

Priority shall be given to high-volume services, services producing long queues or repeated visits, essential services and services affecting trade, employment, travel, property, health and education.

Regulation 10 — Simplification before digitization

1.

Before converting a procedure into electronic form, an Executive Agency shall review whether every step, form, document, approval and physical appearance is necessary and authorized by law.

2.

An Agency shall eliminate an unnecessary administrative step within its lawful authority and shall propose an amendment to the National Assembly where the step is required by an Assembly Act but appears obsolete or disproportionate.

3.

A defective procedure shall not be preserved merely by placing it online.

Regulation 11 — Interagency coordination

1.

The Office of the President, in consultation with the Cabinet, Public Service Administration and relevant technical institutions, shall coordinate implementation and issue non-legislative technical standards consistent with these Regulations.

2.

Executive Agencies shall cooperate to prevent duplicate collection of the same information, subject to legality, necessity, privacy and security.

3.

Coordination does not authorize one Agency to exercise a power legally assigned to another.

CHAPTER 3PUBLIC INFORMATION AND ELECTRONIC SERVICES

Regulation 12 — Official website for every Agency

1.

Not later than sixty days after commencement, every Executive Agency shall maintain an accessible, secure and regularly updated official website.

2.

The website shall identify the Agency’s legal mandate, organizational structure, principal offices, contact information, responsible officials and available public services.

3.

Information shall be presented in clear language and in appropriate Eritrean languages as capacity permits.

Regulation 13 — Mandatory publication of service information

1.

For every public service, an Executive Agency shall publish information concerning legal authority, eligibility, requirements and charges, including:

a.the legal authority and purpose of the service;

b.eligibility requirements;

c.every form and supporting document lawfully required; and

d.the amount and legal basis of every fee.

2.

For every public service, an Executive Agency shall publish information concerning administration, processing, tracking and redress, including:

a.the office responsible and available methods of submission;

b.the ordinary processing period;

c.the method for tracking progress;

d.the grounds on which an application may be refused; and

e.the available complaint, review and appeal procedures.

Regulation 14 — Electronic submission and tracking

1.

An Executive Agency shall, as far as reasonably practicable and legally permitted, enable a person to submit an application and supporting material electronically without attending an office.

2.

The system shall provide an acknowledgment, date of receipt, tracking reference and accessible means of checking status.

3.

An Agency shall not require repeated submission of information already lawfully held and reasonably available to it, unless verification or an updated record is necessary.

Regulation 15 — Electronic communications and decisions

1.

An Executive Agency may communicate notices, requests and decisions electronically where the recipient has consented or an Assembly Act authorizes that method.

2.

An adverse decision shall identify the responsible Agency, state intelligible reasons, cite the governing authority and explain available review or appeal.

3.

Electronic delivery shall not replace a method of notice or service expressly required by an Assembly Act unless that Act permits replacement.

Regulation 16 — Appointments, queues and service standards

1.

An Agency providing in-person services shall introduce appointments, queue management and published service standards where reasonably practicable.

2.

A person shall not be required to wait in person merely to receive information, obtain a form, confirm an application’s status or perform a transaction reasonably capable of remote completion.

3.

An Agency shall monitor waiting periods and take corrective action where they become excessive.

Regulation 17 — Electronic payment

1.

An Executive Agency collecting a fee already authorized by law shall provide secure electronic payment where reasonably practicable.

2.

Every payment shall generate a receipt and auditable record.

3.

Nothing in this Regulation authorizes a new fee, tax, surcharge or penalty.

CHAPTER 4ACCESS, RECORDS, PRIVACY AND SECURITY

Regulation 18 — Continued non-electronic access

1.

Digital services shall supplement and improve public access and shall not, without authority in an Assembly Act, make electronic dealing compulsory.

2.

Every Agency shall maintain reasonable in-person, paper, telephone or assisted-digital access for persons lacking connectivity, equipment, literacy, language ability, disability access or other practical means of using a digital service.

3.

No person shall be denied an essential service solely because that person cannot use an electronic system.

Regulation 19 — Accessibility and reasonable accommodation

1.

Digital services shall be designed for mobile devices, low-bandwidth connections and commonly available technology as far as reasonably practicable.

2.

An Agency shall provide reasonable accommodation for persons with disabilities and practical assistance for persons requiring help.

3.

An Agency shall test services with users from different regions and circumstances before public launch.

Regulation 20 — Electronic records

1.

Every Executive Agency shall establish reliable procedures for creating, classifying, locating, retaining, backing up and lawfully disposing of electronic records.

2.

A record system shall preserve accuracy, origin, date, authorized changes and an auditable history sufficient for administrative and judicial review.

3.

A paper original shall be preserved where required by law or reasonably necessary to protect evidentiary, historical or administrative integrity.

Regulation 21 — Privacy and lawful data use

1.

An Executive Agency shall collect, use, retain and disclose personal information only for a lawful and stated public purpose and only to the extent reasonably necessary for that purpose.

2.

Access shall be limited to authorized persons whose duties require it.

3.

A person shall, subject to lawful exceptions, be able to inspect personal administrative information concerning that person and request correction of a material error.

4.

Government-held personal information shall not be used for political, commercial or unrelated surveillance purposes.

Regulation 22 — Cybersecurity and continuity

1.

Every Agency shall apply safeguards proportionate to the sensitivity and importance of its systems and information.

2.

Safeguards shall include access control, secure authentication, backups, recovery procedures, incident recording, staff training and regular testing.

3.

A serious breach, loss or prolonged interruption shall be reported promptly to the Agency Head, the coordinating office and every oversight body entitled by law to receive it.

4.

An Agency shall maintain a workable non-electronic continuity procedure for essential services during system failure.

Regulation 23 — Automated assistance and human responsibility

1.

Technology may assist an official to organize information, verify completeness, calculate an amount fixed by law or perform another administrative task.

2.

An automated system shall not exercise discretionary statutory power or make an unreviewable adverse decision affecting liberty, property, livelihood, employment, benefits or legal status.

3.

A responsible official shall remain accountable for each decision, and meaningful human review shall be available.

CHAPTER 5TECHNOLOGY, PROCUREMENT AND ACCOUNTABILITY

Regulation 24 — Common standards and interoperability

1.

Technical standards shall promote secure interoperability, accessibility, reliable identity verification, common data formats, portability, preservation and efficient use of public infrastructure.

2.

Standards shall be publicly available unless limited disclosure is reasonably necessary for cybersecurity.

3.

A technical standard shall not create a substantive legal right, duty, offence, fee or condition of eligibility.

Regulation 25 — Technology acquisition

1.

Technology shall be acquired through lawful, competitive, transparent and auditable procedures.

2.

Before acquisition, an Agency shall assess necessity, total cost, compatibility, security, maintenance, data portability, training, supplier dependence and availability of suitable common systems.

3.

A contract shall protect government control of public records and provide reasonable access to data when the contract ends.

4.

No expenditure is authorized except through an appropriation or other lawful budget authority.

Regulation 26 — Staff capacity and public guidance

1.

Executive Agencies and the Public Service Administration shall provide practical training to officials responsible for digital services, records, privacy, cybersecurity and public assistance.

2.

Agencies shall publish clear guidance and demonstrations enabling the public to use new services.

3.

Public servants shall not direct a person to a digital service that the official knows is unavailable or incapable of completing the transaction.

Regulation 27 — Performance information

1.

Each Agency shall measure and publish, at reasonable intervals, information concerning service availability, use and timeliness, including:

a.the services made available electronically;

b.the number and proportion of electronic and in-person transactions; and

c.ordinary processing and waiting periods.

2.

Each Agency shall measure and publish, at reasonable intervals, information concerning reliability, complaints and financial performance, including:

a.system availability and material interruptions;

b.complaints, corrections and unresolved backlogs; and

c.expenditure and identifiable savings.

Regulation 28 — Complaints, correction and administrative redress

1.

Every digital service shall provide an accessible method for reporting an error, requesting assistance and making a complaint.

2.

An Agency shall investigate a material error promptly and provide a reasoned response.

3.

Use of an electronic system does not restrict administrative or judicial redress available under the Constitution or an Assembly Act.

Regulation 29 — Audit and reporting

1.

Every Agency Head shall submit implementation reports to the Office of the President and Public Service Administration at the end of each implementation phase and annually thereafter.

2.

Financial, security, records and performance information shall be made available to the Auditor General and other lawful oversight bodies within their respective authority.

3.

The Office of the President shall submit a consolidated annual report to the National Assembly concerning executive implementation, expenditure, performance and proposed legislation.

CHAPTER 6IMPLEMENTATION AND PUBLIC LAUNCH

Regulation 30 — Implementation phases

1.

Every Executive Agency shall complete the designation required by Regulation 7 within fourteen days after commencement.

2.

Every Executive Agency shall complete its service and technology inventory within thirty days and approve its modernization plan within forty-five days after commencement.

3.

Every Executive Agency shall publish the information required by Regulations 12 and 13 not later than sixty days after commencement.

4.

By 1 October 2026, each Agency shall place its priority digital services into controlled internal or limited public testing.

5.

During October and November 2026, each Agency shall test usability, accuracy, security, accessibility, processing capacity and non-electronic continuity, obtain user feedback, correct defects and repeat testing as necessary.

6.

By 1 December 2026, each Agency Head shall certify which services are ready for public launch, identify unresolved risks and approve a corrective plan for every service not ready.

7.

By 15 December 2026, each Agency shall publish public guidance, available service channels, assistance arrangements and the date and manner of launch.

Regulation 31 — Launch on 1 January 2027

1.

On 1 January 2027, every Executive Agency shall publicly launch the digital services identified as ready under Regulation 30.

2.

From that date, a person shall, as far as reasonably practicable and legally permitted, be able to obtain public information, submit an application, provide supporting material, pay an authorized fee, track progress, receive communications and seek administrative assistance without unnecessary physical attendance.

3.

Failure to launch a service shall be reported publicly with specific reasons, interim access arrangements and a dated corrective schedule.

Regulation 32 — Continuous improvement

1.

Public launch does not complete implementation.

2.

Every Agency shall monitor use, failures, complaints, exclusion, delay and security, and shall test and refine each service at reasonable intervals.

3.

An Agency shall suspend or modify a digital process where continued use creates a material risk to legality, privacy, security, equality or access, while maintaining an alternative service channel.

CHAPTER 7GENERAL AND FINAL PROVISIONS

Regulation 33 — Protection of legislative authority

1.

These Regulations direct executive administration only and shall not be interpreted as encroaching upon the legislative authority of the National Assembly.

2.

Nothing in these Regulations authorizes the President, a Minister or an Executive Agency to:

a.amend, suspend, repeal or disapply an Assembly Act;

b.create a tax, fee, offence, penalty, license, compulsory identification requirement or substantive condition of eligibility;

c.alter a legal requirement concerning writing, signature, witnessing, notarization, authentication, an original document, service, evidence or appeal;

d.authorize interception, surveillance or access to private communications;

e.make electronic dealing compulsory where an Assembly Act does not authorize it; or

f.exercise a power assigned by the Constitution or an Assembly Act to another institution.

3.

Where effective digitalization requires a change in law, the responsible Minister shall submit a legislative proposal through the President to the National Assembly.

Regulation 34 — Consistency with superior law

1.

These Regulations shall be interpreted consistently with the Constitution, Assembly Acts and applicable international obligations.

2.

A technical limitation, administrative convenience or computer-system design does not justify an action prohibited by law.

3.

Where an Agency identifies an inconsistency, it shall preserve the superior law, provide a lawful interim service and report the matter to the President, the Advocate General and the National Assembly as appropriate.

Regulation 35 — No exclusion of responsibility

1.

An Executive Agency remains responsible for a public function performed through technology or a private contractor.

2.

A system error, contractor act or automated process does not excuse an unlawful administrative action or remove a person’s right to correction and redress.

Regulation 36 — Severability

If a court holds a provision of these Regulations invalid, the remaining provisions shall continue to operate to the extent that they can function lawfully and independently.

Regulation 37 — Commencement

1.

These Regulations enter into force on the date of publication in the Gazette of Eritrean Laws.

2.

The public-launch date is 1 January 2027.

Made at Asmara, this ___ day of __________ 2026.

PRESIDENT OF THE STATE OF ERITREA

Head of State, Head of Government and Commander-in-Chief

National Service Completion, Release and Civilian Transition Executive Regulations, 2026

CONSULTATION DRAFT — NOT ENACTED LAW

EXECUTIVE REGULATION NO. ___/2026

NATIONAL SERVICE COMPLETION, RELEASE AND CIVILIAN TRANSITION EXECUTIVE REGULATIONS, 2026

(PRESIDENTIAL REGULATION)

AN EXECUTIVE REGULATION TO IMPLEMENT THE STATUTORY EIGHTEEN-MONTH LIMIT ON ACTIVE NATIONAL SERVICE, PROVIDE FOR THE RELEASE AND CIVILIAN REINTEGRATION OF PERSONS WHO HAVE COMPLETED THAT SERVICE, AND REGULATE THE VOLUNTARY TRANSITION OF NECESSARY PERSONNEL INTO PUBLIC EMPLOYMENT

PREAMBLE

WHEREAS under Article 32(1) of the Constitution of Eritrea, the National Assembly is the supreme legislative body, and no person or organization may make a decision having the force of law except as authorized by the Constitution or an Assembly Act;

WHEREAS Articles 39 and 42 of the Constitution vest executive authority in the President as Head of State, Head of Government and Commander-in-Chief, and require the President to ensure faithful execution of the laws, efficient administration of the public service and coordination of the executive government;

WHEREAS Proclamation 82/1995, National Service, authorizes the Ministry of Defence to administer national service, establishes eighteen months as the period of active national service, requires release upon completion, and provides employment and educational priority to persons who have completed their service;

WHEREAS Article 57 of the Constitution and the Civil Service Administration Act govern recruitment, separation, remuneration and other terms and conditions of civil-service employment;

WHEREAS indefinite and unproductive retention in national service is contrary to the statutory scheme, wastes human capacity, restricts private and family life, and impedes national economic and social development;

NOW, THEREFORE, the President of Eritrea, acting under Articles 39 and 42 of the Constitution, Proclamation 82/1995, National Service, and the Civil Service Administration Act, makes the following Executive Regulations.

CHAPTER 1PRELIMINARY PROVISIONS

Regulation 1 — Short title

These Regulations may be cited as the National Service Completion, Release and Civilian Transition Executive Regulations, 2026.

Regulation 2 — Authority and purpose

1.

These Regulations provide for executive implementation of the statutory eighteen-month period of active national service.

2.

The purposes of these Regulations are to:

a.identify and release persons who have completed the statutory period;

b.give immediate priority to persons whose continued assignments make little or no meaningful public contribution;

c.restore released persons to civilian, family and economic life;

d.convert necessary public-service positions into voluntary and properly compensated employment;

e.prevent administrative delay, institutional convenience or labor shortages from producing indefinite national service; and

f.establish transparent implementation, review and reporting procedures.

3.

These Regulations do not amend Proclamation 82/1995 or authorize any action inconsistent with the Constitution or an Assembly Act.

Regulation 3 — Application

1.

These Regulations apply to:

a.the Ministry of Defence and every military command;

b.the National Service Office;

c.every ministry, department, agency, authority and commission;

d.every regional and local administration;

e.every public enterprise and government-controlled body; and

f.every other executive institution to which a national-service member has been assigned.

2.

No Agency may avoid these Regulations by changing the title, location, classification or administrative supervision of a national-service assignment.

Regulation 4 — Interpretation

1.

In these Regulations, the following expressions have the meanings assigned to them:

a.“active national service” has the meaning assigned by Proclamation 82/1995 and includes military training, active military service and civilian or development work performed as part of national service;

b.“Agency” means a body listed in Regulation 3;

c.“Civil Service Administration” means the institution established under Article 57 of the Constitution and governed by the Civil Service Administration Act; and

d.“completion certificate” means the certificate required by Article 20 of Proclamation 82/1995.

2.

In these Regulations, the following additional expressions have the meanings assigned to them:

a.“critical position” means a position whose immediate vacancy would create a specific and substantial danger to life, public health, national defence, essential infrastructure or continuity of an indispensable public service;

b.“pocket money” means the national-service allowance payable to a national-service member immediately before transitional leave;

c.“statutory period” means eighteen months of active national service, including the prescribed period of military training; and

d.“transitional leave” means release from ordinary national-service duties and attendance requirements while formal separation, documentation and civilian-transition arrangements are completed.

Regulation 5 — Governing principles

1.

These Regulations shall be administered according to principles concerning the temporary nature and completion of national service:

a.national service is a temporary statutory duty and not a system of indefinite employment;

b.completion of the statutory period creates a presumption of immediate release; and

c.no person may be retained merely because that person provides inexpensive labor.

2.

These Regulations shall also be administered according to principles concerning voluntary employment, administrative protection and redress:

a.continued public employment after national service must be voluntary and governed by law;

b.no administrative delay may extend national service;

c.every person affected is entitled to written reasons and meaningful review; and

d.no person may be punished or disadvantaged for requesting release.

CHAPTER 2REVIEW AND RELEASE OF PERSONNEL

Regulation 6 — Comprehensive personnel review

1.

Within fifteen days after commencement, every Agency shall prepare a verified register of all national-service members assigned to it.

2.

The register shall state:

a.the person’s name and national-service number;

b.the date national service began;

c.the periods of military training, military service and civilian assignment;

d.the total period served;

e.the present assignment and actual duties performed;

f.the ordinary frequency and duration of productive work;

g.whether the assignment is necessary, duplicative, substantially idle or no longer required;

h.whether the person wishes to leave, seek private employment or consider voluntary public employment;

i.any pocket money, salary or other compensation paid or owing; and

j.the proposed date and method of release.

3.

An Agency shall provide every person concerned with access to the information recorded about that person and a reasonable opportunity to correct an error.

Regulation 7 — Calculation of service

1.

The statutory period shall be calculated from the date on which active national service began.

2.

All periods of military training, military assignment and civilian or development work performed under national-service authority shall be included.

3.

Transfer between Agencies, reassignment, change of duties or reclassification shall not restart, interrupt or extend the statutory period.

4.

Absence shall not be excluded unless the exclusion is expressly authorized by law and supported by a written determination.

5.

Where official records are incomplete, the responsible authority shall consider service cards, payment records, Agency records and other credible evidence.

Regulation 8 — Priority release of substantially idle personnel

1.

A person who has completed the statutory period and whose assignment is substantially idle, duplicative, unnecessary or makes no regular and meaningful contribution shall be placed on transitional leave within thirty days after commencement.

2.

In determining priority, an Agency shall consider:

a.whether the person has regular and identifiable duties;

b.whether the work produces a necessary public result;

c.whether the person is stationed without sufficient work, equipment or supervision;

d.whether existing employees could reasonably perform the work;

e.whether continued retention causes disproportionate loss of education, employment, enterprise or family opportunity; and

f.the person’s expressed wish to leave.

3.

An Agency shall not create nominal duties, unnecessarily divide existing work or make an artificial reassignment to prevent release.

Regulation 9 — Transitional leave

1.

A person placed on transitional leave:

a.is not required to report for ordinary national-service duties;

b.is released from daily military or administrative command except for completing necessary separation procedures;

c.is free to reside, study, seek employment, establish an enterprise and pursue private and family life;

d.may travel internally subject only to laws of general application;

e.shall retain access to identity and personal documents; and

f.shall continue to receive an amount equal to the pocket money previously payable, subject to lawful appropriation, until a civilian-transition arrangement under these Regulations begins.

2.

Transitional leave shall not be used to postpone formal release beyond the deadline in Regulation 10.

3.

A person on transitional leave may undertake temporary work for an Agency only under a written and voluntary agreement stating the duties, hours, compensation and right to withdraw.

Regulation 10 — Final release deadline

1.

Subject only to Regulation 11, every person who has completed the statutory period shall be formally released from active national service no later than 1 January 2027.

2.

From that date, no Agency shall compel such a person to:

a.remain at a military or civilian post;

b.perform labor or services;

c.accept reassignment;

d.obtain permission to leave a civilian assignment;

e.live in specified accommodation;

f.surrender an identity or travel document; or

g.refrain from lawful employment, education, enterprise or travel.

3.

Failure to complete paperwork, identify a replacement, transfer funds or obtain internal approval does not extend national service.

4.

Formal release shall not depend upon accepting public employment or another government programme.

Regulation 11 — Special duty during war or general mobilization

1.

Nothing in these Regulations extinguishes a special duty lawfully arising under Article 21 of Proclamation 82/1995 during war or general mobilization.

2.

Article 21 shall not be used as a general or permanent basis for indefinite national service.

3.

A person may be retained under Article 21 only where:

a.war or general mobilization has been lawfully established;

b.the competent authority issues a written determination identifying the legal and factual basis for retention;

c.continued service is necessary for a specific defence requirement;

d.no reasonably available and less restrictive staffing measure is adequate;

e.retention is limited in duration and reviewed every thirty days; and

f.the person receives written notice and access to administrative and judicial review.

4.

Labor shortages, administrative convenience, insufficient salaries, economic difficulties or the usefulness of inexpensive labor do not constitute war or general mobilization.

Regulation 12 — Completion certificates and separation documents

1.

The Ministry of Defence and the National Service Office shall issue a completion certificate to every person formally released.

2.

The certificate and all necessary separation documents shall be issued no later than fourteen days after verification of service.

3.

A delay or refusal shall be accompanied by written reasons and information concerning the available review procedure.

4.

Failure to issue a certificate does not authorize continued compulsory service after the statutory period.

CHAPTER 3VOLUNTARY PUBLIC EMPLOYMENT

Regulation 13 — Identification of critical positions

1.

An Agency seeking to employ a person who has completed national service shall determine whether the position is critical.

2.

The written determination shall identify:

a.the indispensable public function performed;

b.the likely consequence of an immediate vacancy;

c.the qualifications required;

d.the availability of other qualified personnel;

e.the measures taken to recruit or train a replacement;

f.the proposed salary and employment conditions; and

g.the period for which continued employment is required.

3.

Classification of a position as critical does not authorize compulsory retention.

Regulation 14 — Offer of voluntary employment

1.

A person serving in a critical position may be offered employment under the Civil Service Administration Act.

2.

The offer shall be written and shall state:

a.the position and duties;

b.the place and ordinary hours of work;

c.the salary, benefits and payment schedule;

d.the duration of employment and any probationary period;

e.leave, pension and other employment rights;

f.disciplinary and grievance procedures;

g.the right to resign; and

h.the time allowed to consider the offer.

3.

Acceptance must be free, informed and recorded in writing.

4.

Silence, continued attendance, prior national service or economic necessity does not constitute acceptance.

5.

Refusal of an employment offer shall not delay release, documentation, accrued payment or access to public services.

Regulation 15 — Conversion to civil-service employment

1.

Upon written acceptance of an offer, the person’s national-service assignment shall end.

2.

The resulting relationship shall be governed by the Civil Service Administration Act and other applicable employment law.

3.

The appointment shall be processed through the Civil Service Administration and placed on the lawful establishment and payroll of the employing Agency.

4.

Previous national service shall be recognized for pension, seniority, training and other purposes to the extent provided by law.

5.

A contract of employment shall not reproduce military discipline, compulsory residence, restrictions on private life or other incidents of involuntary national service.

Regulation 16 — Temporary inability to pay full salary

1.

An Agency shall not compel continued work because it cannot presently pay the lawful salary.

2.

Where an Agency requires continued voluntary service but cannot immediately pay the full salary, employment may continue only if:

a.the employee freely accepts a written and time-limited transitional agreement;

b.the agreement states the full salary lawfully due;

c.the Agency continues paying at least the amount previously paid as pocket money;

d.the unpaid balance is recorded monthly as an acknowledged obligation of the Government;

e.the obligation is reported to the ministry responsible for finance, the Civil Service Administration and the Auditor General;

f.payment is made in accordance with lawful appropriation and public-finance legislation; and

g.the employee may resign without penalty.

3.

An acknowledgment of indebtedness shall state:

a.the employee’s identity;

b.the period of employment;

c.the salary lawfully due;

d.the amount paid;

e.the unpaid balance; and

f.the Agency responsible for payment.

4.

This Regulation does not authorize borrowing, expenditure or creation of public debt contrary to an Assembly Act or appropriation.

5.

A transitional agreement shall not continue for more than six months unless the employee renews it in writing and the competent financial and civil-service authorities approve it.

CHAPTER 4CIVILIAN REINTEGRATION

Regulation 17 — Reintegration assistance

1.

Every Agency shall facilitate the civilian reintegration of persons released under these Regulations.

2.

Assistance shall include, as reasonably available:

a.completion certificates and identity documents;

b.employment records and references;

c.recognition of training and occupational skills;

d.access to vocational training and education;

e.information concerning employment, housing, land, finance and enterprise programmes;

f.medical, psychological and disability support;

g.family reunification and relocation assistance; and

h.referral to public and private employment opportunities.

3.

Assistance shall be administered transparently and without discrimination based on political opinion, ethnicity, religion, sex, region, former assignment or criticism of the Government.

Regulation 18 — Priority in employment and economic opportunities

1.

A person who has completed active national service shall receive the priority in employment and educational opportunities provided by Article 22 of Proclamation 82/1995 when that person satisfies the applicable qualifications.

2.

In public recruitment, completion of national service may be used as a published tie-breaking consideration between substantially equally qualified candidates.

3.

The Civil Service Administration shall ensure that priority:

a.remains consistent with merit;

b.does not exclude persons lawfully exempted from national service;

c.does not create permanent discrimination; and

d.is applied through published and reviewable criteria.

4.

Ministries responsible for commerce, investment, finance, agriculture, fisheries, industry and local development shall identify lawful programmes through which released persons may obtain training, technical assistance, credit and investment support.

5.

Priority under this Regulation does not authorize:

a.award of a public contract without lawful competition;

b.waiver of a mandatory professional, health, safety or environmental standard;

c.allocation of land, credit or public property without lawful procedure;

d.discrimination prohibited by the Constitution; or

e.expenditure without appropriation.

Regulation 19 — Employment and opportunities abroad

1.

No Agency shall obstruct lawful foreign travel by a person who has completed active national service.

2.

The competent authorities shall process passport, exit and related applications according to published law and procedure.

3.

No unwritten national-service condition may be imposed after completion of the statutory period.

4.

The ministries responsible for labor and foreign affairs may:

a.identify lawful employment and educational opportunities abroad;

b.cooperate with foreign governments and employers on safe labor-mobility programmes;

c.provide information concerning employment contracts, recruitment fraud, trafficking and consular protection; and

d.facilitate recognition of Eritrean qualifications.

5.

Participation in foreign employment shall be voluntary, and no person shall be pressured to leave Eritrea.

Regulation 20 — Transitional financial support

1.

Subject to lawful appropriation, a person placed on transitional leave shall continue receiving an amount equal to the pocket money previously payable.

2.

Payment shall continue until the earliest of:

a.commencement of properly remunerated employment;

b.commencement of another transitional benefit established by law; or

c.expiry of a period determined through a lawful appropriation or civilian-transition programme.

3.

Within ninety days after commencement, the Cabinet shall submit to the National Assembly any appropriation or legislation necessary to establish a coherent transitional-support programme.

4.

Transitional support shall not be treated as salary for compulsory labor or as consideration for surrendering the right to release.

CHAPTER 5IMPLEMENTATION, REVIEW AND ACCOUNTABILITY

Regulation 21 — National Service Completion and Transition Board

1.

A National Service Completion and Transition Board is established to coordinate implementation of these Regulations.

2.

The Board shall consist of representatives of:

a.the Ministry of Defence;

b.the National Service Office;

c.the Civil Service Administration;

d.the ministry responsible for labor;

e.the ministry responsible for finance;

f.the ministry responsible for foreign affairs;

g.the ministry responsible for economic development; and

h.two persons appointed after consultation with former national-service members, at least one of whom shall be a woman.

3.

The Board shall:

a.supervise the personnel review;

b.monitor transitional leave and release;

c.resolve disputed service calculations;

d.coordinate civilian reintegration;

e.monitor voluntary conversion to public employment;

f.identify legal and financial obstacles;

g.recommend necessary legislation and appropriations; and

h.publish implementation reports.

4.

The Board may coordinate executive administration but may not extend national service, create compulsory employment, authorize expenditure or restrict a right without authority under superior law.

Regulation 22 — Agency implementation plans

1.

Within thirty days after commencement, every Agency shall submit to the Board the following personnel-review and release information:

a.its verified personnel register;

b.the number of persons who have completed the statutory period;

c.the number placed on transitional leave; and

d.the schedule for final release.

2.

Within the same period, every Agency shall also submit to the Board the following implementation and transition information:

a.the positions identified as critical;

b.the proposed voluntary employment offers;

c.the estimated salary and transitional-support costs;

d.the identified reintegration needs; and

e.the name and contact information of the responsible implementation officer.

Regulation 23 — Written decisions and review

1.

A material decision under these Regulations shall be recorded in writing and accompanied by reasons.

2.

A person affected by a decision may request reconsideration by the responsible Agency.

3.

The Agency shall decide the request within seven days.

4.

A person dissatisfied with the decision, or receiving no decision within seven days, may appeal to the Board.

5.

The Board shall determine the appeal promptly through a fair procedure and provide a reasoned decision.

6.

Nothing in these Regulations limits constitutional administrative redress or judicial review.

Regulation 24 — Prohibition of retaliation

1.

No person shall be arrested, detained, transferred, denied documentation, dismissed from lawful employment, deprived of a benefit, threatened, harassed or otherwise disadvantaged for:

a.requesting release;

b.disputing the calculation of service;

c.declining voluntary employment; or

d.seeking administrative or judicial review.

2.

No person shall be arrested, detained, transferred, denied documentation, dismissed from lawful employment, deprived of a benefit, threatened, harassed or otherwise disadvantaged for:

a.reporting an idle, unnecessary or wasteful assignment;

b.disclosing unlawful retention or nonpayment; or

c.assisting another person to exercise a right under these Regulations.

Regulation 25 — Public reporting

1.

Beginning thirty days after commencement, the Board shall publish a monthly implementation report.

2.

The report shall state, by Agency:

a.the number of national-service members reviewed;

b.the number who completed the statutory period;

c.the number placed on transitional leave;

d.the number formally released;

e.the number entering voluntary public employment;

f.the number exceptionally retained under Regulation 11;

g.the compensation obligations formally acknowledged; and

h.the complaints and appeals received and determined.

3.

Personal information shall be protected, but confidentiality shall not be used to conceal institutional noncompliance.

Regulation 26 — Audit

1.

The Auditor General shall be requested to audit records and financial matters, including:

a.national-service personnel records;

b.pocket-money and salary payments; and

c.acknowledged compensation obligations.

2.

The Auditor General shall also be requested to audit deployment and release practices, including:

a.the use of national-service labor by Agencies and public enterprises;

b.compliance with release deadlines; and

c.any creation of artificial or nominal work intended to prevent release.

CHAPTER 6GENERAL AND FINAL PROVISIONS

Regulation 27 — Inconsistent executive instruments and practices

1.

An executive directive, circular, order, practice or internal instruction inconsistent with these Regulations shall cease to be applied to the extent of the inconsistency.

2.

These Regulations do not repeal, amend or displace an Assembly Act.

3.

If an Agency considers that an Assembly Act prevents implementation, it shall identify the exact provision and submit the matter to the President, the Advocate General and the National Assembly.

Regulation 28 — No extension through administrative delay

Failure to complete a form, prepare a register, recruit a replacement, transfer funds, locate a record or obtain internal approval does not authorize compulsory service beyond the statutory period.

Regulation 29 — Interpretation consistent with superior law

1.

These Regulations shall be interpreted consistently with the Constitution, Proclamation 82/1995, the Civil Service Administration Act, public-finance legislation and applicable international obligations.

2.

Where a provision is reasonably capable of more than one interpretation, the interpretation that best protects liberty, voluntary employment, timely release and faithful execution of the statutory period shall be preferred.

Regulation 30 — Severability

If a court holds a provision of these Regulations invalid, the remaining provisions shall continue to operate to the extent that they can function lawfully and independently.

Regulation 31 — Commencement

1.

These Regulations enter into force on the date of publication in the Gazette of Eritrean Laws.

2.

The personnel review, priority-release, transitional-leave and implementation provisions shall be applied immediately.

3.

Every Agency shall achieve full compliance with Regulation 10 no later than 1 January 2027.

Made at Asmara, this ___ day of __________ 2026.

PRESIDENT OF THE STATE OF ERITREA

Head of State, Head of Government and Commander-in-Chief

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