Draft Establishment Proclamation

Consultation Draft — Not Enacted Law. This text is published for institutional design, public review, and legislative consultation. It has no enacted legal force.

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16 July 2026
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DRAFT PROCLAMATION

Electoral Commission Establishment Proclamation

A permanent and independent institution for free, fair, transparent and credible elections in Eritrea

Consultation Draft | 2026

Drafting note (not part of the Proclamation)

Article 58 of the Constitution requires an Electoral Commission that operates independently and without interference, ensures and administers free and fair elections, decides issues arising during the electoral process, and conducts civic education concerning elections and other democratic procedures. Article 58 also requires the President to appoint an Electoral Commissioner with the approval of the National Assembly and leaves the Commission's detailed organisation, powers and duties to legislation.

The draft therefore treats independence as a working legal architecture. The Electoral Commissioner remains the constitutionally named head, but the institution is made collegial through six Associate Electoral Commissioners appointed through the same constitutional President-and-Assembly route. Open nomination, an independent search panel, public hearings, staggered nonrenewable terms, removal only for proved cause, protected remuneration, direct budget submission, published decisions and judicial review are intended to prevent capture by any President, party, security institution or parliamentary majority.

Because Eritrea has limited experience with competitive national elections, the draft favours simple and auditable safeguards: a permanent voter register with public correction procedures; polling-station counting; voter-verifiable paper ballots as the legal record; publication of polling-station results before aggregation; broad observation; nonpartisan professional staff; strict neutrality of public resources and security services; pilot testing of technology; and a staged first-election roadmap. Technology may support an election but may not conceal or replace the public paper trail.

This Proclamation establishes the institution. A separate Electoral Law must determine the electoral system, constituencies and seat allocation, detailed qualifications for voters and candidates, nomination rules, campaign periods, voting procedures, election offences, petition jurisdiction and the dates or mechanisms for calling each election.

Design riskInstitutional response
Executive controlOpen shortlist; Assembly approval; cause-based removal; no ministerial supervision.
Single-person captureSeven-member collegial Commission with reserved decisions requiring five affirmative votes.
Partisan administrationNonpartisan commissioners and staff; multiparty liaison forum with observation but no operational veto.
Budget pressureDirect submission to the Assembly; protected release; independent audit and public accounts.
Opaque resultsPublic count, signed result forms, copies to agents, polling-station publication and paper audit trail.
Premature technologyIndependent certification, pilots, source and security review, contingency plans and paper primacy.
Weak first cycleMandatory roadmap, voter-register audit, nationwide training, simulations and public readiness reports.

PROCLAMATION NO. ____/2026

A PROCLAMATION TO ESTABLISH AND PROVIDE FOR THE ELECTORAL COMMISSION

WHEREAS sovereign power is vested in the people and government must be established through democratic procedures, popular participation and strong institutions;

WHEREAS every qualified citizen has the right to vote and to seek elective office, members of the National Assembly are elected by secret ballot, and electoral law must ensure representation and participation;

WHEREAS Article 58 of the Constitution requires an Electoral Commission operating independently and without interference to ensure and administer free and fair elections, decide issues arising during the electoral process, and formulate and implement civic educational programmes;

WHEREAS public confidence in elections requires impartial administration, transparent results, effective remedies, equal treatment, accessible participation and strict political neutrality by public institutions;

NOW, THEREFORE, the National Assembly enacts as follows:

PART I

PRELIMINARY PROVISIONS

Article 1 - Short title

  1. This Proclamation may be cited as the Electoral Commission Establishment Proclamation, 2026.

Article 2 - Commencement

  1. This Proclamation enters into force on the date of publication in the Official Gazette.
  2. Transitional provisions take effect immediately and prevail over inconsistent administrative arrangements concerning the establishment of the Commission.

Article 3 - Constitutional authority

  1. This Proclamation gives effect to Article 58 of the Constitution and shall be interpreted consistently with the Constitution as a whole.
  2. Nothing in this Proclamation limits a constitutional right to vote, to seek elective office, to equality, to expression, to peaceful assembly or to association.

Article 4 - Objects

  1. To establish a permanent, independent, impartial and professionally administered Electoral Commission.
  2. To secure public confidence that elections and referenda are genuine, peaceful, inclusive, transparent and accurately determined.
  3. To protect the Commission from political, executive, military, security, financial or private interference.
  4. To create an auditable electoral administration suitable for a country building democratic institutions and experience.

Article 5 - Interpretation

  1. "Associate Electoral Commissioner" means a member appointed under Article 28 other than the Electoral Commissioner;
  2. "Commission" means the Electoral Commission established by Article 8;
  3. "Commissioner" means the Electoral Commissioner or an Associate Electoral Commissioner;
  4. "Chief Electoral Officer" means the administrative head of the Secretariat appointed under Article 52;
  5. "election" includes a general election, by-election and local-government election administered by the Commission under law;
  6. "electoral period" means the period beginning on the legal calling of an election and ending after certification of the final results and determination of immediate administrative complaints;
  7. "Electoral Law" means legislation governing the electoral system and the conduct of elections and referenda;
  8. "public body" includes an organ of State, local government, public enterprise, security service and publicly funded institution;
  9. "referendum" means a national or local referendum that the Commission is required by law to administer;
  10. "result form" means the original paper record, signed at the relevant counting or aggregation centre, recording votes and reconciliation data.

Article 6 - Application

  1. This Proclamation applies to the Commission, its Secretariat, election officials and every person or public body required to support or interact with electoral administration.
  2. The Electoral Law may assign additional functions to the Commission if they are consistent with its constitutional independence and institutional capacity.

Article 7 - Governing principles

  1. Constitutionality, legality, independence, impartiality, integrity and service to voters.
  2. Universal and equal suffrage, secrecy of the ballot, genuine choice and accurate results.
  3. Transparency, reasoned decisions, public participation and effective review.
  4. Inclusion without discrimination, with practical access for women, persons with disabilities, linguistic communities, displaced persons and citizens in remote areas.
  5. Simplicity, auditability, value for public money, data protection, cybersecurity and operational resilience.

PART II

STATUS, INDEPENDENCE AND CONSTITUTIONAL PROTECTION

Article 8 - Establishment and status

  1. There is established a permanent Electoral Commission as an independent constitutional institution.
  2. The Commission has legal personality, perpetual succession and capacity to contract, acquire and dispose of property, employ staff, institute or defend proceedings and perform every lawful act necessary for its mandate.
  3. The Commission is not a ministry, department of the executive, security organ or agency of a political party.

Article 9 - Independence

  1. The Commission shall act independently and without interference, fear, favour, prejudice or direction from any person or authority.
  2. A Commissioner, employee or election official shall take instructions only from the Constitution, law and lawful decisions made within the Commission.
  3. Administrative cooperation does not create a power to supervise or direct the Commission.

Article 10 - Prohibition of direction and interference

  1. No person may direct, pressure, threaten, induce, obstruct or improperly influence a decision, appointment, procurement, investigation, registration, count, result or other act of the Commission.
  2. An attempted interference shall be recorded, preserved and reported promptly to the Commission and, where appropriate, to a competent court or prosecuting authority.
  3. The Commission shall publish a summary of material interference incidents unless publication would prejudice a lawful investigation or personal safety.

Article 11 - Duty of public bodies

  1. Every public body shall respect, protect and assist the independence of the Commission.
  2. A public body shall provide information, facilities or lawful operational assistance requested by the Commission within a reasonable time and shall give written reasons for any inability to comply.
  3. Assistance shall remain under civilian law and shall not permit access to ballots, confidential voter data or deliberations except as expressly authorised by law.

Article 12 - Control of administration

  1. The Commission controls its internal administration, personnel, information systems, records, premises, procurement and operational planning.
  2. No executive ministry may approve, revise or veto an operational decision of the Commission.

Article 13 - Continuity during emergency

  1. A declaration of emergency does not transfer a Commission function to the executive, armed forces or security services.
  2. Any temporary electoral measure during an emergency must be lawful, necessary, proportionate, time-limited, publicly reasoned and subject to judicial review.

Article 14 - Institutional immunity

  1. The Commission is not liable for a good-faith act or omission performed lawfully in carrying out its mandate.
  2. Institutional immunity does not bar judicial review, constitutional relief, compensation for unlawful conduct, audit, criminal accountability or personal liability for bad faith or gross negligence.

Article 15 - Stability of electoral administration

  1. Fundamental rules concerning Commission membership, constituency delimitation, voter registration, ballot secrecy, counting, result determination and electoral remedies shall not be altered by regulation or administrative direction.
  2. A proposed statutory change to a fundamental electoral rule within twelve months before an election shall be accompanied by public consultation, a Commission operational-impact report and an explanation of why the change is necessary to protect constitutional rights or electoral integrity.

Article 16 - Access to court

  1. The Commission may institute proceedings to defend its independence, powers, budget, records, staff or constitutional mandate.
  2. A person directly affected by a Commission decision is entitled to timely judicial review or appeal as provided by this Proclamation and the Electoral Law.

PART III

COMPOSITION, SELECTION, TENURE AND REMOVAL

Article 17 - Composition

  1. The Commission consists of the Electoral Commissioner, who serves as Chairperson, and six Associate Electoral Commissioners.
  2. Commissioners are constitutional and public officers, but shall not represent the President, the National Assembly, any party, constituency, profession or organisation.

Article 18 - Collegial responsibility

  1. The Commission exercises its statutory powers collectively except where a power is lawfully delegated.
  2. The Electoral Commissioner shall not unilaterally determine a reserved matter listed in Schedule 3.

Article 19 - General qualifications

  1. A Commissioner must be an Eritrean citizen of recognised integrity, independence, competence and commitment to constitutional democracy.
  2. A candidate must possess at least ten years of relevant professional or public-service experience and the judgment required to administer politically sensitive national processes impartially.
  3. The Electoral Commissioner must be qualified in law, public administration, election management or another field directly relevant to constitutional electoral leadership.

Article 20 - Collective expertise

  1. The appointments shall collectively provide substantial expertise in constitutional or electoral law; election operations and logistics; public administration; finance and audit; information technology and cybersecurity; civic education and communications; conflict prevention and mediation; statistics or demography; and disability and inclusive access.

Article 21 - Diversity and inclusion

  1. The Commission shall reflect Eritrea's social, regional and linguistic diversity without assigning members as communal delegates.
  2. No more than four Commissioners may be of the same gender.
  3. Selection shall promote meaningful participation by women and persons with disabilities and shall not discriminate on a prohibited ground.

Article 22 - Disqualification

  1. A person is not eligible if, during the five years preceding nomination, that person served as a candidate, elected political office-holder, party officer, campaign manager, senior political appointee, or senior officer of an armed, intelligence or security service.
  2. A serving judge, prosecutor, minister, member of the National Assembly, civil servant, member of an armed or security service, party employee or public contractor with a material electoral conflict may not serve as Commissioner.
  3. A person is disqualified by a conviction for corruption, dishonesty, violence, abuse of office, a serious human-rights violation or an electoral offence, unless lawfully set aside.
  4. Material falsehood or concealment in the selection process is a ground for rejection or removal.

Article 23 - Independent Selection Panel

  1. For each appointment cycle, an Independent Selection Panel shall be constituted in accordance with Schedule 2.
  2. The Panel shall operate openly, impartially and independently and shall not receive direction from the President, Government, National Assembly, a political party or a prospective candidate.
  3. Panel members shall disclose interests, withdraw from conflicts and publish evaluation criteria before receiving applications.

Article 24 - Public nomination and application

  1. The Panel shall advertise every vacancy nationally for at least thirty days and invite applications and public nominations.
  2. Application procedures shall be accessible throughout Eritrea and shall not depend solely on internet access.
  3. The names, qualifications and declarations of eligible candidates shall be published for public comment, subject to narrowly tailored protection of personal data and safety.

Article 25 - Assessment and interviews

  1. The Panel shall assess integrity, independence, competence, political neutrality, relevant experience and the collective needs of the Commission.
  2. Shortlisted candidates shall be interviewed in public and questioned on constitutional duties, conflicts of interest and electoral administration.
  3. A closed session may be used only for protected personal information or a credible safety concern, and the reason shall be recorded.

Article 26 - Shortlist

  1. The Panel shall submit three ranked and reasoned candidates for each vacancy to the President.
  2. The report, scores, reasons, conflict declarations and material public comments shall be published at the time of submission, with lawful redactions.
  3. The Panel may not include a candidate who fails the integrity or independence threshold merely to complete a list.

Article 27 - Nomination by President

  1. Within twenty-one days, the President shall nominate one person from the Panel's shortlist and transmit the nomination and reasons to the National Assembly.
  2. The President may once return a shortlist with written reasons limited to eligibility, integrity or a material procedural defect; the Panel shall reconsider and submit a final shortlist within fourteen days.
  3. Failure to perform a duty under this Article is subject to expedited judicial enforcement and does not authorise appointment outside the published shortlist.

Article 28 - Approval by National Assembly

  1. The responsible committee shall conduct a public hearing on each nominee and report to the National Assembly within twenty-one days.
  2. The National Assembly shall approve or reject the nominee in accordance with the Constitution and shall publish the vote and reasons.
  3. If a nominee is rejected, the President shall nominate another person from the same shortlist or, if it is exhausted, request a new shortlist.

Article 29 - Appointment and oath

  1. After approval by the National Assembly, the President shall appoint the nominee within seven days.
  2. Before assuming office, a Commissioner shall take the oath in Schedule 1 publicly before the Chief Justice or a judge designated by the Chief Justice.
  3. The appointment instrument, term, oath and declarations of interests shall be published promptly.

Article 30 - Term of office

  1. A Commissioner serves one nonrenewable term of seven years, subject to the transitional staggering in Article 121.
  2. A term does not expire during the period beginning ninety days before polling day and ending ninety days after final certification; it is extended only for that period and no longer than six months.
  3. A former Commissioner may not be reappointed to the Commission in another capacity.

Article 31 - Vacancy

  1. A vacancy occurs on expiry of term, death, resignation, removal or permanent incapacity.
  2. The selection process shall begin at least six months before a predictable vacancy and within fourteen days after an unexpected vacancy.
  3. A vacancy does not invalidate lawful acts if quorum remains, but every institution shall act promptly to restore full membership.

Article 32 - Acting Electoral Commissioner

  1. If the Electoral Commissioner is temporarily unable to act, the Commissioners shall elect an Associate Electoral Commissioner to act for no more than ninety days.
  2. An acting appointment does not extend the member's term or permit unilateral exercise of a reserved power.

Article 33 - Remuneration and conditions

  1. Remuneration and benefits shall be set by an independent public remuneration mechanism and charged to the Consolidated Fund or other constitutionally authorised public fund.
  2. A Commissioner's remuneration or essential conditions may not be reduced to that Commissioner's disadvantage during the term of office.
  3. Commissioners shall receive no performance payment linked to an election outcome or decision.

Article 34 - Grounds for removal

  1. A Commissioner may be removed only for serious misconduct, gross incompetence, permanent incapacity, material violation of this Proclamation, corruption, deliberate partisan activity or a serious breach of the code of conduct.
  2. Disagreement with a lawful decision, an unpopular result, or refusal to obey an unlawful direction is not a ground for removal.

Article 35 - Removal procedure

  1. A substantiated complaint shall be referred to an independent tribunal of three persons constituted by the Chief Justice from a published roster that includes a retired judge, an electoral or constitutional expert and a person experienced in public ethics or administration.
  2. The Commissioner is entitled to notice, counsel, disclosure, a fair and reasonably public hearing, presentation of evidence and a reasoned decision.
  3. Removal may be ordered by the President only after the tribunal recommends removal and the National Assembly approves that recommendation by two-thirds of all its members.
  4. The tribunal report and Assembly vote shall be published, subject only to necessary protection of witnesses and personal data.

Article 36 - Suspension

  1. A Commissioner may be suspended with pay only where the tribunal finds that continued service creates a serious and immediate risk to electoral integrity or the investigation.
  2. Suspension expires after ninety days unless renewed by the tribunal for stated reasons and may not be used to alter the balance of the Commission during an electoral period.

Article 37 - Conflicts, assets and post-service restrictions

  1. A Commissioner shall disclose assets, liabilities, gifts, outside interests and close-family electoral conflicts on appointment and annually.
  2. A Commissioner shall recuse from a particular matter where an informed observer could reasonably apprehend bias, and the recusal and reason shall be recorded.
  3. During service and for two years afterward, a Commissioner may not hold party office, manage a campaign, stand as a candidate or accept employment substantially connected to a regulated electoral contractor without independent ethics clearance.

PART IV

GOVERNANCE AND DECISION-MAKING

Article 38 - Functions of Electoral Commissioner

  1. Provide constitutional leadership, chair meetings, represent the Commission and safeguard collective decision-making.
  2. Ensure that urgent operational action is brought promptly for ratification and that no personal office replaces the Commission.
  3. Report credible interference, institutional risk and serious noncompliance to the Commission and the public as law permits.

Article 39 - Duties of Commissioners

  1. Prepare for and participate in decisions with independence, diligence and respect for evidence.
  2. Oversee policy without directing individual staff decisions for partisan or personal purposes.
  3. Protect ballot secrecy, personal data, confidential investigations and the rights of all participants.

Article 40 - Meetings

  1. The Commission shall meet at least monthly and as often as necessary during an electoral period.
  2. The Electoral Commissioner, three Commissioners, or the Chief Electoral Officer with the support of two Commissioners may request an urgent meeting.
  3. Reasonable notice and a written agenda shall be provided except in a recorded emergency.

Article 41 - Quorum

  1. Five Commissioners constitute a quorum. A member participating through secure real-time communication counts toward quorum if identity, confidentiality and continuous participation are assured.

Article 42 - Voting

  1. The Commission shall seek consensus and, failing consensus, decide an ordinary matter by a majority of Commissioners present and voting.
  2. The Electoral Commissioner has no casting vote.
  3. A tied vote does not carry and the reasons on each side shall be recorded.

Article 43 - Reserved decisions

  1. A reserved decision listed in Schedule 3 requires at least five affirmative votes of the total membership.
  2. A reserved decision may not be delegated or made by an acting official.

Article 44 - Reasons and publication

  1. A material decision shall identify the legal basis, relevant facts, reasoning, vote and any dissent.
  2. The Commission shall publish decisions promptly in accessible formats, subject to ballot secrecy, protected personal data, security and fair-hearing requirements.
  3. A temporary redaction shall be reviewed and removed when its lawful purpose ends.

Article 45 - Committees

  1. The Commission may establish committees for audit and risk, finance and procurement, technology and cybersecurity, inclusion and access, legal affairs, civic education or other necessary areas.
  2. Each committee shall have written terms of reference and report to the Commission.
  3. An external adviser may participate without voting and after disclosing interests.

Article 46 - Political Parties and Candidates Liaison Forum

  1. The Commission shall maintain a consultative forum through which registered parties, candidates and other authorised electoral participants receive information and raise operational concerns.
  2. Participation shall be equal and transparent and does not confer a veto, confidential operational access or power to direct the Commission.
  3. Minutes and agreed action points shall be published.

Article 47 - Public consultation

  1. The Commission shall consult on regulations, constituency proposals, major technology, voter-registration policy, codes of conduct and other matters materially affecting rights or public confidence.
  2. Consultation shall include regional and non-digital methods, reasonable time, accessible formats and a published response to material submissions.

Article 48 - Code of conduct

  1. The Commission shall adopt and publish a binding code governing neutrality, integrity, gifts, conflicts, confidentiality, respectful conduct, use of public resources and contact with political actors.
  2. The code shall provide proportionate procedures and sanctions for Commissioners, permanent staff and temporary election officials, without displacing Article 35.

Article 49 - Delegation

  1. The Commission may delegate a non-reserved administrative power in writing to a Commissioner, committee, Chief Electoral Officer or designated official.
  2. A delegation shall state its scope, duration, reporting requirement and any review mechanism and may be revoked at any time.
  3. Delegation does not remove the Commission's accountability.

PART V

SECRETARIAT AND PROFESSIONAL ELECTORAL SERVICE

Article 50 - Secretariat

  1. There is established a permanent Secretariat as the professional and operational service of the Commission.
  2. The Secretariat is accountable only to the Commission and shall not form part of an executive ministry.

Article 51 - Chief Electoral Officer

  1. The Secretariat is headed by a Chief Electoral Officer who is the accounting officer, principal administrator and chief implementer of Commission policy, but not a member of the Commission.

Article 52 - Appointment and term of Chief Electoral Officer

  1. The Commission shall appoint the Chief Electoral Officer through an open, nationally advertised, merit-based competition requiring at least five affirmative votes.
  2. The appointee must possess recognised integrity, political neutrality and at least twelve years of relevant senior-management experience.
  3. The term is six years, renewable once only after a public performance review.

Article 53 - Removal of Chief Electoral Officer

  1. The Chief Electoral Officer may be removed only for serious misconduct, incapacity, gross incompetence, corruption, deliberate partisanship or material breach of lawful duty after notice and a fair hearing.
  2. Removal requires five affirmative votes and a published reasoned decision, subject to judicial review.

Article 54 - Functions of Chief Electoral Officer

  1. Implement Commission decisions and manage election planning, personnel, procurement, finance, records, technology, logistics, security coordination and public service delivery.
  2. Maintain an integrated election calendar, risk register, continuity plan and auditable chain of responsibility.
  3. Certify operational information presented to the Commission and report material risks without concealment.

Article 55 - Directorates

  1. The Commission shall establish only the directorates justified by need, including electoral operations; voter registration; legal affairs and dispute services; civic and voter education; finance and procurement; technology and cybersecurity; audit, risk and integrity; communications and public access; and inclusion and accessibility.

Article 56 - Regional and local offices

  1. The Commission shall establish regional, subregional and temporary offices sufficient to provide equal access and credible administration throughout Eritrea.
  2. Local officials are accountable through the Secretariat and are not subject to direction by regional or local political authorities.
  3. Office placement shall consider population, distance, disability access, language, transport, security and cost.

Article 57 - Merit-based staff

  1. Permanent staff shall be recruited through open competition on merit, integrity, competence, diversity and political neutrality.
  2. Recruitment decisions, job criteria and aggregate diversity information shall be published, subject to personal-data protection.
  3. No public authority or party may allocate, nominate or reserve staff positions.

Article 58 - Temporary election officials

  1. Temporary officials shall be selected by transparent criteria, screened for conflicts and trained and assessed before deployment.
  2. Party membership alone may not automatically disqualify a low-level temporary official, but current party office, campaign work, candidate relationship or conduct creating a reasonable appearance of bias shall do so.
  3. Assignments shall be randomised or otherwise protected against local capture where practicable.

Article 59 - Secondment

  1. A public employee may be seconded only with Commission approval, after screening, and under the Commission's exclusive operational control for the period of secondment.
  2. An armed, intelligence or security officer may not be seconded into voter registration, ballot custody, counting, results management, complaints adjudication, technology administration or internal audit.

Article 60 - Training and certification

  1. The Commission shall maintain standard, role-specific training and practical certification for all election officials.
  2. Training shall cover constitutional rights, neutrality, ballot secrecy, accessibility, prevention of intimidation, result reconciliation, evidence preservation and complaint referral.
  3. Training materials and core procedures shall be publicly available.

Article 61 - Staff obligations and protection

  1. Staff owe a duty of lawful neutrality, confidentiality, accuracy and equal treatment.
  2. No staff member may be penalised for refusing an unlawful instruction or reporting interference, fraud, corruption, discrimination or a serious operational risk in good faith.
  3. The Commission shall maintain secure internal reporting, witness protection referrals and anti-retaliation procedures.

PART VI

ELECTORAL FUNCTIONS AND OPERATIONAL SAFEGUARDS

Article 62 - General constitutional mandate

  1. Ensure that free and fair elections are held and administer their implementation on the basis of electoral law.
  2. Decide issues raised during the electoral process within its lawful jurisdiction.
  3. Formulate and implement impartial civic and voter education concerning elections and other democratic procedures.
  4. Perform additional electoral or referendum functions assigned by law without compromising independence or capacity.

Article 63 - Elections and referenda administered

  1. The Commission shall administer elections to the National Assembly, local-government elections, by-elections and referenda assigned by the Constitution or law.
  2. The Commission may provide technical assistance for an election conducted within the National Assembly but shall not alter the constitutional responsibilities of that body.

Article 64 - Electoral calendar and operational plan

  1. The Commission shall publish an integrated calendar as soon as the legal date or permissible date range is known.
  2. The calendar shall include registration, nomination, campaign, observer accreditation, training, voting, counting, complaints, certification and reporting milestones.
  3. Material changes require reasons, consultation where practicable and prompt notice.

Article 65 - Continuous voter register

  1. The Commission shall establish and maintain a permanent, accurate, inclusive and continuously updated national voter register.
  2. Registration shall be accessible for a reasonable period, free of charge, available through non-digital means and supported by mobile services in remote areas.
  3. No eligible citizen may be denied registration solely because of poverty, disability, language, sex, residence in a remote area or failure of an optional biometric system.

Article 66 - Register transparency and correction

  1. Each person may securely verify that person's own registration and seek correction through a simple administrative process subject to prompt judicial review.
  2. Provisional registers shall be displayed or otherwise made available for public scrutiny while protecting sensitive personal data.
  3. The Commission shall publish registration statistics, additions, removals, corrections and an independent audit without publishing how any person voted.

Article 67 - Constituency delimitation

  1. Where the Electoral Law assigns delimitation to the Commission, boundaries shall be drawn impartially on published population and representation criteria.
  2. The Commission shall publish data, maps and reasons, conduct regional hearings and permit objections before final determination.
  3. Boundaries shall not be designed to favour or disadvantage a party, candidate, community or incumbent.

Article 68 - Candidate and list administration

  1. The Commission shall receive, verify and decide nominations according to clear statutory criteria and equal procedures.
  2. A rejection shall state precise reasons and the procedure and deadline for correction or review.
  3. Rules concerning signatures, deposits or documentation shall be proportionate and shall not become disguised barriers to candidacy.

Article 69 - Polling places and materials

  1. Polling places shall be sufficient, politically neutral, geographically accessible and equipped to preserve secrecy, order and observation.
  2. Sensitive materials shall be serially controlled, reconciled, transported and stored through a documented chain of custody.
  3. Parties, candidates and observers may inspect non-confidential readiness and logistics procedures on equal terms.

Article 70 - Ballot design and secrecy

  1. Ballots shall be clear, neutral, accessible and tested with representative voters before final printing.
  2. Voting shall be individual and secret; family voting, coercion, assisted-voting abuse and any marking that reveals a voter's choice are prohibited.
  3. Lawful assistance shall preserve the voter's own choice and be recorded without recording the vote.

Article 71 - Languages and accessibility

  1. Core electoral information shall be provided in Eritrean languages appropriate to the affected public and in accessible formats.
  2. The Commission shall provide reasonable accommodation, accessible facilities, priority procedures where justified and voting methods that protect secrecy for persons with disabilities.
  3. The Commission shall consult affected communities and publish an inclusion plan for every general election.

Article 72 - Special and external voting

  1. Special voting for persons unable to attend an ordinary polling place may be introduced only by the Electoral Law with safeguards equivalent to ordinary voting.
  2. Voting by citizens abroad may be implemented only after statutory authorisation, public feasibility assessment, political consultation, pilot testing and Commission certification of secrecy, identity, access and auditability.
  3. No special method shall be introduced so late or on such a scale that it creates an unreasonable risk to the election.

Article 73 - Observers, agents and media

  1. Accredited domestic and international observers, candidate or party agents and media shall receive broad, nondiscriminatory access to registration, nomination, campaigning, voting, counting, aggregation and result publication.
  2. Restrictions must be lawful, necessary, proportionate, recorded and reviewable and may not prevent meaningful observation.
  3. Observers and agents may obtain copies of public records and result forms as provided by law.

Article 74 - Campaign fairness and public resources

  1. The Commission shall monitor and enforce electoral rules requiring neutrality by public bodies and equal treatment of contestants.
  2. Public money, vehicles, premises, staff, security, media or authority shall not be used to campaign except as transparently authorised on equal terms by law.
  3. A public officer shall not use official power to compel support, attendance, contribution, silence or disadvantage.

Article 75 - Campaign finance and disclosure

  1. Where assigned by Electoral Law, the Commission shall receive and publish campaign-finance disclosures, monitor limits and prohibited sources, audit material accounts and impose lawful administrative sanctions.
  2. Enforcement shall be timely, proportionate and equal and shall not selectively burden opposition, independent or new participants.

Article 76 - Civic and voter education

  1. Education shall be continuous, accurate, nonpartisan, accessible and directed to informed participation rather than support for any outcome.
  2. The Commission may accredit civic partners through transparent criteria while retaining responsibility for standards and correction of misinformation.
  3. Programmes shall explain registration, candidacy, voting, secrecy, peaceful participation, complaints, results and democratic responsibilities.

Article 77 - Election technology

  1. Technology shall be adopted only where necessary, proportionate, independently tested, secure, accessible, auditable and supportable within Eritrea.
  2. The Commission shall publish functional requirements, risk assessments, testing results, ownership and vendor information, source-review arrangements and contingency plans, subject to narrow security redactions.
  3. A voter-verifiable paper ballot and original signed paper result form are the authoritative legal records unless a future law, enacted after demonstrated pilots and public consultation, provides safeguards of equal or greater reliability.
  4. Electronic transmission is provisional and shall not replace physical reconciliation of original result forms.

Article 78 - Procurement for elections

  1. Procurement shall be competitive, transparent, independently auditable and planned early enough to avoid manufactured emergencies.
  2. Beneficial ownership, contract value, evaluation criteria, major subcontractors, performance milestones and material variations shall be published.
  3. Emergency procurement requires a recorded necessity finding, conflict declarations, contemporaneous audit and publication within thirty days.

Article 79 - Electoral security

  1. Security planning shall protect voters, candidates, officials, observers, materials and peaceful expression without intimidation or partisan enforcement.
  2. Security services remain subject to civilian law and shall follow a public election-security protocol agreed with the Commission.
  3. Armed personnel may not enter a polling or counting place except on the request of the presiding officer to address an immediate threat, and every entry shall be recorded.

Article 80 - Counting at polling place

  1. Votes shall ordinarily be counted at the polling place immediately after voting in the presence of agents, observers and accredited media.
  2. The count shall reconcile ballots issued, unused, spoiled and cast before results are recorded.
  3. The presiding officer and available agents shall sign the result form; refusal to sign shall be recorded and does not by itself invalidate the result.
  4. A copy shall be posted publicly at the polling place and provided to agents before transmission.

Article 81 - Transmission and publication of results

  1. Original result forms shall be transported through a documented chain of custody and electronic copies may be transmitted for rapid public information.
  2. The Commission shall publish polling-place results and images of signed result forms before or at the same time as aggregated results, with necessary privacy redactions.
  3. Every aggregation centre shall reconcile its totals against the published lower-level forms and record corrections transparently.

Article 82 - Recount, correction and re-poll

  1. The Commission may correct an obvious arithmetic or transcription error after notice to affected contestants and publication of the correction trail.
  2. A recount may be ordered where the margin, reconciliation discrepancy or credible evidence creates a reasonable possibility of material error.
  3. Before final certification, a re-poll may be ordered by five affirmative votes where serious irregularity, violence, loss of materials or disenfranchisement may have affected the result in the relevant area.
  4. A post-certification challenge is governed by the Electoral Law and the competent court.

Article 83 - Certification, records and review

  1. The Commission shall certify results only after lawful reconciliation and determination of administrative matters that must precede certification.
  2. Ballots, result forms, logs, decisions and digital records shall be preserved securely for the statutory period and made available to a competent court.
  3. Within six months after a general election, the Commission shall conduct a public post-election review and publish reforms, performance data and unresolved risks.

PART VII

ELECTORAL COMPLAINTS, ADJUDICATION AND JUDICIAL REVIEW

Article 84 - Administrative jurisdiction

  1. The Commission shall decide registration, nomination, accreditation, campaign-administration, operational and other issues assigned to it by law.
  2. The Commission shall not determine a criminal charge or finally decide an election petition reserved to a court.

Article 85 - Electoral Complaints Directorate

  1. The Secretariat shall maintain an Electoral Complaints Directorate institutionally separated from the unit whose decision is challenged.
  2. Adjudicators shall be legally qualified, politically neutral and protected from operational or partisan direction.
  3. A Commissioner who materially participated in the original decision shall not adjudicate its review.

Article 86 - Standing and filing

  1. A voter, candidate, party, observer or person directly affected may lodge a complaint in the manner prescribed by law.
  2. Procedures shall be simple, available without internet access, inexpensive and interpreted to decide genuine disputes on their merits.
  3. The Commission shall assist an unrepresented complainant to identify the procedure without advising on the merits.

Article 87 - Fair hearing

  1. A party is entitled to notice, disclosure of material evidence, a reasonable opportunity to respond, an impartial decision-maker and a reasoned decision.
  2. Hearings shall be public unless a narrowly tailored closure is necessary to protect ballot secrecy, a child, a witness, personal data or a compelling security interest.
  3. A complete record shall be preserved for review.

Article 88 - Urgent time limits

  1. The Commission shall establish short and realistic filing and decision periods suited to the electoral calendar.
  2. A pre-election matter capable of affecting participation shall ordinarily be decided within three days after a complete record, and every urgent delay shall be explained.
  3. Time limits shall not be applied to defeat a claim where the Commission caused the delay or fundamental fairness requires a brief extension.

Article 89 - Administrative remedies

  1. The Commission may affirm, vary or set aside an administrative decision; correct a register or nomination; order equal access; direct compliance; impose an authorised administrative sanction; order a recount or re-poll before certification; or grant other lawful relief.
  2. A remedy shall be effective, proportionate and reasoned and shall minimise unnecessary disenfranchisement.

Article 90 - Internal review

  1. A decision of a local or regional official is subject to prompt review by a higher and institutionally separate Commission authority.
  2. The Commission may correct an unlawful subordinate decision on its own motion after giving affected persons a fair opportunity to be heard.

Article 91 - Judicial review and appeal

  1. A final Commission decision affecting rights, candidacy, a material electoral interest or institutional legality is subject to review or appeal by the competent court.
  2. Proceedings shall be expedited and a court may grant interim relief, compel performance, preserve evidence, correct illegality or make any constitutional and lawful order necessary for an effective remedy.
  3. The Commission shall comply promptly with a court order and publish the resulting administrative action.

Article 92 - Election petitions and criminal matters

  1. The Electoral Law shall identify the court, standing, grounds, remedies and strict but fair timelines for challenging a declared election result.
  2. The Commission shall preserve and produce evidence and remain institutionally neutral between contestants.
  3. Reasonable suspicion of an offence shall be referred to an independent prosecuting authority without preventing lawful administrative action.

PART VIII

FINANCE, AUDIT, TRANSPARENCY AND INFORMATION

Article 93 - Electoral Commission Fund

  1. There is established an Electoral Commission Fund consisting of appropriations, lawful grants approved under transparent conditions, income from authorised services and other money lawfully received.
  2. No donor or public body may condition funding on an electoral outcome, decision, vendor or access to protected information.

Article 94 - Independent budget proposal

  1. The Commission shall prepare a multi-year institutional budget and separate election budgets based on published operational assumptions and risks.
  2. The Commission shall submit its approved proposal directly to the National Assembly, with a copy to the ministry responsible for finance for inclusion without alteration in the national budget materials.
  3. The responsible Assembly committee shall hear the Commission publicly before recommending a material reduction.

Article 95 - Appropriation and release

  1. The National Assembly shall appropriate funds sufficient for the Commission to perform its constitutional duties.
  2. Approved funds shall be released predictably and may not be withheld, delayed or conditioned to influence a decision or impair an election.
  3. A material shortfall or delay shall be reported immediately to the National Assembly and the public and may be challenged in court.

Article 96 - In-year reduction

  1. An in-year reduction may occur only under a general lawful fiscal measure applied by objective criteria across independent institutions and only after consultation with the Commission.
  2. No reduction may reasonably endanger a constitutionally required election, ballot security, staff neutrality, voter access, result integrity or an effective remedy.

Article 97 - Accounts and audit

  1. The Commission shall maintain accounts under recognised public-sector standards, internal controls, asset registers and audit trails.
  2. The Auditor-General shall conduct annual and election-specific audits without directing policy or accessing ballot secrecy.
  3. Audit reports, Commission responses and corrective-action status shall be published and presented to the National Assembly.

Article 98 - Internal audit and risk

  1. An independent internal audit unit shall report functionally to the Commission's Audit and Risk Committee and administratively to the Chief Electoral Officer.
  2. The Commission shall maintain and publish a summary risk register covering logistics, personnel, procurement, cybersecurity, disinformation, violence, inclusion, legal disputes and continuity.

Article 99 - Annual report

  1. Within four months after each financial year, the Commission shall submit an annual report to the National Assembly and publish it.
  2. The report shall address performance, finances, procurement, staffing, diversity, complaints, civic education, registration, technology, interference incidents and progress on audit findings.

Article 100 - Election report

  1. Within six months after each general election or referendum, the Commission shall publish a detailed report on preparation, turnout, invalid ballots, access, incidents, complaints, costs, results management, technology, observation findings and recommended legal reforms.
  2. Data shall be disaggregated where lawful and useful without exposing ballot secrecy or creating a serious identification risk.

Article 101 - Proactive publication

  1. The Commission shall publish the information listed in Schedule 4 promptly, freely and in accessible, reusable formats.
  2. A person may request another Commission record, subject only to lawful, necessary and proportionate restrictions stated in writing and subject to review.

Article 102 - Data protection

  1. Personal data shall be collected only for a lawful electoral purpose, kept accurate, protected by role-based access, retained only as necessary and not shared for political, security-surveillance, commercial or unrelated purposes.
  2. Biometric data may be used only under express law, necessity and proportionality assessment, independent security audit and effective alternative procedures.
  3. A data breach creating material risk shall be contained, investigated and reported to affected persons and the public as law requires.

Article 103 - Archives and preservation

  1. The Commission shall maintain a secure public electoral archive containing laws, regulations, boundaries, registers in lawful public form, decisions, manuals, result forms, reports and historical statistics.
  2. Sensitive election records shall be preserved under a schedule approved after consultation with the national archives and may not be destroyed during litigation, audit or investigation.

Article 104 - Whistleblowers and witnesses

  1. A person who reports electoral interference, corruption, fraud, coercion, data misuse or serious maladministration in good faith is protected against retaliation.
  2. The Commission shall provide confidential reporting, evidence-preservation and referral procedures and may seek protective orders from a court.

PART IX

OFFENCES AND ENFORCEMENT

Article 105 - Interference with Commission

  1. A person who intentionally interferes with the independence, lawful decision or administration of the Commission commits an offence and is liable to the penalty prescribed by the Electoral Law or other applicable criminal law.

Article 106 - Obstruction and intimidation

  1. A person who obstructs an election official, intimidates a voter, candidate, observer, journalist, Commissioner or staff member, or retaliates against a lawful complainant or witness commits an offence.

Article 107 - Tampering with electoral material or data

  1. A person who unlawfully alters, destroys, conceals, substitutes, fabricates, accesses or interferes with a register, ballot, result form, seal, log, device, transmission or archive commits a serious offence.
  2. Possession of authorised access does not excuse use outside lawful purpose.

Article 108 - Unauthorised disclosure and misuse

  1. A person who knowingly discloses a secret ballot, protected voter data, security credential or confidential adjudicative material without lawful authority, or uses it for political, commercial or coercive purposes, commits an offence.

Article 109 - False representation

  1. A person who falsely represents that the person acts for the Commission, knowingly issues a counterfeit Commission document or deliberately publishes a false official result purporting to be from the Commission commits an offence.

Article 110 - Failure to preserve or produce

  1. An official who intentionally fails to preserve or lawfully produce an electoral record, or creates a false chain-of-custody entry, commits an offence and is subject to discipline in addition to criminal liability.

Article 111 - Liability of office-holder

  1. Public office, superior instruction, emergency authority or party direction is not a defence to intentional electoral interference or fraud.
  2. A legal person is liable where a senior officer authorised, directed, knowingly permitted or failed to prevent an offence within that person's responsibility.

Article 112 - Administrative and criminal enforcement

  1. The Commission may impose only the administrative sanctions expressly authorised by law after due process.
  2. Criminal matters shall be referred promptly to the competent independent authority, and referral shall be recorded and tracked.
  3. A prosecution decision does not prevent judicial review, disciplinary action, correction of an electoral process or another lawful remedy.

PART X

INSTITUTIONAL COORDINATION

Article 113 - Coordination without subordination

  1. The Commission may enter written coordination protocols with public bodies, but no protocol may surrender a constitutional power, confidential information, operational control or independence.

Article 114 - Security coordination

  1. A standing electoral security committee may coordinate risk information, protection and incident response under Commission leadership for electoral operations.
  2. The committee has no access to votes, results administration, political intelligence, protected voter data or complaints except as strictly necessary and lawful.
  3. Deployment plans, rules of conduct and aggregate incidents shall be published to the extent consistent with safety.

Article 115 - Media coordination

  1. The Commission shall coordinate with the lawful media regulator and public broadcaster to promote accurate information, equitable access and prompt correction while respecting freedom of expression and editorial independence.
  2. Content restriction may occur only under clear law, due process and effective review and shall not be used to suppress criticism or opposition.

Article 116 - Civil registration and identity

  1. The civil-registration authority shall provide accurate, timely and secure information necessary for lawful voter registration under a published data-sharing agreement.
  2. The Commission independently determines voter eligibility and shall provide a correction process where government records are absent or inaccurate.

Article 117 - Judiciary and prosecution

  1. The Commission, judiciary and prosecuting authorities shall establish protocols for urgent filings, evidence custody, service, hearing schedules and compliance with orders while preserving their separate independence.
  2. Judges and prosecutors shall receive nonpartisan training on electoral law without instruction on outcomes.

Article 118 - Technical and international cooperation

  1. The Commission may obtain transparent technical assistance from regional, African and international institutions consistent with national law and Commission independence.
  2. Assistance agreements, funding, deliverables and material vendor involvement shall be published, subject to lawful security protection.
  3. No external actor may control a voter register, cryptographic key, final result, complaint or sovereign electoral decision.

PART XI

TRANSITIONAL PROVISIONS FOR THE FIRST DEMOCRATIC ELECTORAL CYCLE

Article 119 - First Selection Panel

  1. The institutions named in Schedule 2 shall constitute the first Selection Panel within sixty days after commencement.
  2. Where a named institution is not yet lawfully operational, the Chief Justice, after public consultation, shall designate the closest independent professional body for that appointment only and publish reasons.

Article 120 - First appointments

  1. All first vacancies shall be advertised together and assessed through one transparent process within one hundred and eighty days after commencement.
  2. The Electoral Commissioner shall be selected separately from Associate Electoral Commissioners.
  3. The Assembly shall consider nominees individually and shall not approve a closed slate as a single vote.

Article 121 - Staggered first terms

  1. The first Electoral Commissioner serves seven years.
  2. Three first Associate Electoral Commissioners, selected by lot publicly after appointment, serve six years; the remaining three serve four years.
  3. A shortened first term counts as the member's single term and is not renewable.

Article 122 - Transition roadmap

  1. Within one hundred and twenty days after assuming office, the Commission shall publish a costed, risk-based roadmap for the first full democratic electoral cycle.
  2. The roadmap shall include the milestones in Schedule 5, responsible officials, dependencies, consultation, procurement, testing and contingency arrangements.
  3. Progress shall be reported at least quarterly.

Article 123 - Legal framework review

  1. Within six months, the Commission shall publish a gap analysis of legislation required for voter registration, parties, candidacy, campaign finance, media, boundaries, voting, offences, petitions, data protection and inclusion.
  2. The Commission may propose technical legislation but shall not determine the political choice of electoral system reserved to the National Assembly under the Constitution.

Article 124 - First voter register

  1. The first register shall be created or rebuilt through publicly tested procedures, regional access, claims and objections, independent audit and publication of aggregate statistics.
  2. Any use of civil-registration or legacy data shall be documented, verified and subject to individual correction.
  3. No final register shall be certified until the Commission publishes an audit response and unresolved-risk statement.

Article 125 - First-cycle technology restraint

  1. No nationwide biometric, electronic voting or electronic results system shall be used in the first general election unless authorised by law, piloted at meaningful scale, independently certified and approved as a reserved decision after public consultation.
  2. Failure of biometric or electronic equipment shall not by itself disenfranchise a voter whose eligibility can be lawfully established by an alternative procedure.

Article 126 - Recruitment and national training

  1. The Commission shall establish a politically neutral permanent core staff before large-scale temporary recruitment.
  2. Every election role shall have a manual, training curriculum, assessment, code of conduct, reporting line and replacement plan.
  3. The Commission shall conduct public simulations of registration, polling, counting, aggregation and complaints before the first general election.

Article 127 - Pilot elections and testing

  1. Where law and timing permit, procedures and systems shall be piloted in local or mock elections representing urban, rural, remote and linguistically diverse conditions.
  2. Independent observers and parties may observe testing, and material findings and corrective action shall be published.

Article 128 - Readiness assessment

  1. At least one hundred and eighty days before the first general election, and monthly during the final ninety days, the Commission shall publish a readiness assessment.
  2. The assessment shall address law, budget, register, boundaries, candidates, staff, materials, facilities, security, technology, education, complaints, inclusion and contingencies.
  3. A serious unresolved risk shall trigger an urgent public hearing before the National Assembly, but the Assembly and Commission remain bound by constitutional election timelines.

Article 129 - Transfer of assets and records

  1. A public body holding electoral assets, records, premises or systems shall inventory and transfer them to the Commission as directed by law.
  2. The Commission shall independently verify integrity and is not bound to use a legacy system, vendor, register or procedure that fails lawful standards.

Article 130 - Temporary administrative support

  1. Before the Secretariat is operational, time-limited administrative support may be provided under a written agreement approved by the Commission or, before appointment, by the Selection Panel solely to facilitate establishment.
  2. Support personnel shall have no authority over selection, Commission decisions, voter data, procurement awards or electoral operations.

PART XII

GENERAL AND FINAL PROVISIONS

Article 131 - Regulations

  1. The Commission may make regulations necessary to implement this Proclamation after public consultation.
  2. Regulations shall be consistent with the Constitution and Electoral Law, published in the Official Gazette and subject to judicial review.
  3. The Commission may issue emergency technical directions during an electoral period, but they expire after sixty days unless adopted through the ordinary process.

Article 132 - Internal rules and manuals

  1. The Commission shall publish rules of procedure, financial rules, procurement procedures, staff regulations and public operational manuals.
  2. Confidential annexes shall be limited to information whose disclosure creates a demonstrable security or privacy risk and shall be subject to independent audit.

Article 133 - Inconsistency

  1. Where an administrative directive, decree, regulation, contract or practice is inconsistent with this Proclamation, this Proclamation prevails to the extent of the inconsistency, subject always to the Constitution and later legislation expressly amending it.

Article 134 - Independent review

  1. The National Assembly shall commission an independent public review three years after the Commission becomes operational and at least every seven years thereafter.
  2. The review shall assess independence, appointment, capacity, cost, inclusion, technology, dispute resolution, public confidence and implementation of recommendations, without revisiting election outcomes.
  3. The reviewers shall be selected openly and the report and institutional responses published.

Article 135 - Savings

  1. A lawful electoral act begun before commencement continues only to the extent consistent with the Constitution and this Proclamation.
  2. Nothing validates an interference, rights violation, fraudulent record or unlawful appointment.

Article 136 - Review of penalties and harmonisation

  1. Before enactment, the National Assembly shall harmonise offence classifications, penalties, court jurisdiction, limitation periods and enforcement powers in this draft with the Electoral Law, Penal Code, criminal procedure and constitutional remedies.

SCHEDULE 1

OATH OF ELECTORAL COMMISSIONER AND ASSOCIATE ELECTORAL COMMISSIONERS

I, ____________________, solemnly swear or affirm that I will uphold and defend the Constitution of Eritrea; faithfully and impartially perform the duties of my office; protect the freedom and secrecy of the vote; act without fear, favour, prejudice or direction; refuse and report improper interference; preserve lawful confidentiality; and serve the sovereign will and equal dignity of the Eritrean people.

Signed: ____________________ Date: ____________________

SCHEDULE 2

INDEPENDENT SELECTION PANEL

Article S2.1 - Composition

  1. A retired judge or senior independent lawyer nominated by the Chief Justice, who chairs the Panel.
  2. A nominee of the Auditor-General with public-integrity or audit expertise.
  3. A nominee selected jointly by accredited Eritrean legal professional bodies.
  4. A nominee selected jointly by recognised Eritrean universities or higher-education institutions.
  5. A nominee selected through an open process by nonpartisan civil-society organisations working on human rights, democracy or civic education.
  6. A nominee selected through an open process by women's organisations.
  7. A nominee selected through an open process by organisations of persons with disabilities.

Article S2.2 - Panel safeguards

  1. A panel member must satisfy the political-neutrality and integrity standards applicable to a Commissioner and may not apply for appointment.
  2. The Panel has a quorum of five and decides a shortlist by at least five affirmative votes.
  3. Meetings, criteria, longlists, interviews, scores, reasons, recusals and expenses shall be published subject to lawful privacy protection.
  4. Political parties may observe public proceedings on equal terms but may not nominate Panel members or direct its work.

SCHEDULE 3

RESERVED COMMISSION DECISIONS

Article S3.1 - Matters requiring five affirmative votes

  1. Certification of a general election or referendum result.
  2. Ordering a re-poll or nationwide recount.
  3. Final constituency boundaries where assigned by law.
  4. Adoption of regulations, a nationwide voter-registration system, electronic voting or results technology.
  5. Appointment or removal of the Chief Electoral Officer, Registrar-equivalent head of complaints, internal auditor or regional electoral director.
  6. Approval of the national budget, major emergency procurement or a contract above the published threshold.
  7. A litigation decision materially affecting Commission independence or constitutional powers.
  8. Approval of the annual report, general-election report, code of conduct or strategic plan.

SCHEDULE 4

MINIMUM PROACTIVE PUBLICATION

Article S4.1 - Records to be published

  1. Laws, regulations, decisions, dissenting opinions, calendars, manuals and forms.
  2. Commission and committee agendas, minutes, attendance and recorded votes.
  3. Budgets, releases, audited accounts, procurement plans, contracts, beneficial ownership and variations.
  4. Voter-registration statistics and audit reports in privacy-protective form.
  5. Boundary data, maps, proposals, submissions and reasons.
  6. Candidate lists, accreditation decisions and campaign-finance disclosures as required by law.
  7. Polling places, observer information, incidents, polling-station result forms and aggregation worksheets.
  8. Complaints decisions, court orders, compliance action, annual reports, election reports and readiness assessments.

SCHEDULE 5

FIRST-CYCLE MINIMUM MILESTONES

Deadline from appointmentMinimum deliverable
30 daysInterim ethics, delegation, finance, records, security and conflict-of-interest rules.
60 daysChief Electoral Officer recruitment launched; institutional risk and asset inventory published.
120 daysCosted transition roadmap, staffing plan, consultation plan and preliminary election calendar.
6 monthsLegal gap analysis; regional office plan; procurement and technology policies; civic-education framework.
9 monthsCore Secretariat recruited; voter-registration procedures piloted; complaints system and party liaison forum operating.
12 monthsPreliminary register programme, national training curriculum, security protocol and accessibility plan.
Before first register certificationPublic claims and objections, independent audit, corrections and unresolved-risk statement.
180 days before first general electionComprehensive readiness assessment and public hearing on serious unresolved risks.
Before pollingNationwide simulation, materials reconciliation test, results publication test and continuity exercise.
Within 6 months after electionPublic election report, audited costs, post-election review and reform agenda.

SCHEDULE 6

CONSTITUTIONAL AND COMPARATIVE DRAFTING REFERENCES - NOT PART OF THE LAW

[1] Constitution of Eritrea (1997), especially Articles 1, 2, 7, 14, 19, 20, 28, 30, 31, 42 and 58. User-supplied constitutional text

[2] Venice Commission, Code of Good Practice in Electoral Matters, CDL-AD(2002)023rev2-cor. Official source

[3] International Covenant on Civil and Political Rights, Article 25. Official source

[4] African Union, African Charter on Democracy, Elections and Governance. Official source

[5] Electoral Commission of South Africa, institutional functions. Official source

Done at Asmara, this ____ day of __________, 20__.

NATIONAL ASSEMBLY OF ERITREA

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