Dear Pastlast: The Eritrean Government is a Transitional Government
2.1. National Assembly
During its less than a decade life span, the Eritrean National Assembly had a unicameral structure. [[26]] Proclamation 37/93 reserves fifty percent of the total 150 seats of the National Assembly to members of the Central Committee of the Peoples Front for Democracy and Justice (PFDJ) formerly EPLF. [[27]] The remaining half of the seats went to popularly elected representatives. [[28]] Possessing fifty percent of the parliamentary seats, the PFDJ could easily secure votes that would enable it to pass or block any legislative bill. Although the role of the EPLF/PFDJ in liberating Eritrea and spearhead a transitional political process is understandable controlling half of the legislative seats seems far-fetched.
Speaking of its powers, the National Assembly, according to Proclamation 37/93 had the authority to elect the President of the State. [[29]] The President served as a Chairperson of the National Assembly and the Cabinet of Ministers. [[30]] The Assembly, during the supposedly transitional period, had the power to issue laws, prepare and approve domestic and foreign policies, ratify international agreements, approve national budget and development plan, and the establishment of ministries and other government agencies, among others. [[31]] Proclamation 37/93 rather ironically does not provide voting procedure or how a bill would be adopted to be a law in Eritrea. Neither does the Proclamation mandate the National Assembly to adopt rules and regulations pertaining lawmaking process. [[32]] As the preceding paragraphs show, there is no legislation that regulates law-making procedures in Eritrea, including at the time when the National Assembly was effective. [[33]]
The National Assembly has been conspicuously absent from the Eritrean legal and political landscape since 2001. There is no legislation that abolishes the National Assembly or suspends its legislative functions. The National Assemblys absence is, however, noticeable by its physical and formal disappearance since then. The National Assembly worked on draft political parties and election laws in its last days.
2.2. Executive
The executive has been an embodiment of political power in Eritrea since 1991. Proclamation 23/92, as mentioned in the forgoing, established the Council of the Government of Eritrea composed of Heads of the executive portfolios, regional administrators, and army commanders. Proclamation 37/93 as amended by Proclamation 52/94 downsized the size of the Council by shedding regional administrators and army commanders from the Council. [[34]] Pursuant to Proclamation 52/94 the Council changed its name into the Cabinet of the Government of Eritrea, and the Cabinet has been at the tip point of the executive establishment headed by the President of the State since then. The Executive branch, according to Proclamation 16/94 is composed of ministries, authorities, and commissions. [[35]] These are: Ministry of Regional Administration, Ministry of Defense, Ministry of Internal Affairs (status unknown at this time), Ministry of Justice, Ministry of Foreign Affairs, Ministry of Information and Culture (now Ministry of Information), Ministry of Finance and Development (now Ministry of Finance), Ministry of Trade and Industry, Ministry of Agriculture, Ministry of Marine Resources (now Ministry of Fisheries), Ministry of Construction (now Ministry of Public Works), Ministry of Energy, Mines and Water Resources (now Ministry of Energy and Mines), Ministry of Education, Ministry of Health, Ministry of Transport (now Ministry of Transport and Communications), Ministry of Tourism, the Social Affairs Authority (now the Ministry of Labor and Human Welfare), the Postal and Communications Authority (now Postal Authority), Ports Authority, Housing Commission, and Refugees Commission (now part of the Ministry of Labor and Human Welfare). The Ministry of Land, Water and Environment and Ministry of National Development later became part of the executive and their Ministers members of the Cabinet. [[36]]
In terms of authority, ministries, according to Proclamation 37/93 as amended, have the mandate to develop policies relevant to their domain, and they oversee its execution. Ministries also have regulatory power over issues that fall within their preview. Ministries and other members of the executive have issued several regulations on diverse issues.
Another segment of the executive is local government. Proclamation 86/96 repealing Proclamation 26/92, divides Eritrea into 6 regional administrations Zobas. These are Zoba Debubawi Keih Bahri, Zoba Semenawi Keih Bahri, Zoba Anseba, Zoba Gash Barka, Zoba Debub, and Zoba Maaekl. Each Zoba administration, according to article 6 of Proclamation 86/96, has three tiers of administration Zoba (Zone) Administration, Neus-Zoba (sub zone) Administration and Adi/Kebabi (village or area usually composed of cluster of villages) Administration. These tiers of local government have an assembly Baito, administration and courts each. Zoba administrator has ultimate administrative power in his/her Zoba. Zoba administrator heads the Zoba administration offices, directs and supervises the work of Neus-Zoba, and executes policies and regulations of the central government, among others. Baito Zoba has the authority to propose laws and regulations, which are consistent with the policies and laws of the Central Government, to the Minister of Regional Administration and collect, study and submit public demands and opinions to Zoba Administrator. Proclamation 140/2004 regulates the election of members of Baito Zoba. The Proclamation provides that one electoral unit must have between 12,000-17,000 constituencies. Every electoral unit should elect one woman to the Baito Zoba, where they have a reserved of 30% from the total Baito seats.
https://www.nyulawglobal.org/globalex/Eritrea1.html#ADR