Eritrea is the only African country to have written customary laws before the twentieth century!
Posted: 14 Mar 2020, 02:58
Studies indicate that the Eritrean society began to develop consolidated customary laws from as far back as the fourteenth century and that these communities in Eritrea are one of the few people in sub-Saharan Africa – if not the only ones – to have put their customary laws in writing before the twentieth century.
Regarding content, these customary laws are not only testimonies to the civility that has survived among Eritrean communities but also compendia of material for legal, anthropological, administrative, historical, environmental, human rights and dignity as well as social structure studies. It is not to be forgotten, along the lines of our increasing interest in preserving intangible Eritrean heritage, also that they are rich depositories of our quickly vanishing traditional vocabulary and expressions. The similarities among Eritrean customary laws tend to show that there has been constant interaction between and among the various communities of Eritrean society.
These customary laws cover almost all the notions embodied in key laws – substantive (civil, commercial, criminal, environmental and human rights) and procedural. Read any written customary law and you will find extremely detailed provisions on or for humans (birth to death: pregnancy and birth, rearing, adoption, betrothal, marriage, divorce, death and funerals, successions, the care for family members, care for the disabled, on widows and widowers, orphans and the unmarried, contracts, crime and responsibility, the payment of damages, etc.), plants, animals, wood, land, hunting, market days, judges, advocates, witnesses, clergy, land and water routes, schools, epidemics and quarantine, rules of greetings, behavior towards authorities, the inauguration of titles, religions, hospitality, etc.
The customary laws that have been codified:
i. the Logo-chiwa, codified in 1413, later modified and coded in 1910 in Tigringa;
ii. the Adgna Tegeleba codified in 1937 in Tigrigna;
iii. the Law of the Adkeme Melgae codified in 1936 in Tigrigna;
iv. the Karneshm codified in 1910 in Tigrigna;
v. the Lamza Saharti, codified in 1936 in Tigrigna;
vi. the Shewate Anseba codified in 1910 in Tigrigna;
vii. the customary law of the Kunama is not codified but orally remembered and administered consistently;
viii the Fithi Mehari of Mensa’e, codified in 1913 in Tigre;
ix. the Ben-Amir codified in 1967 (3).
The Logo Chewa Eritrean Customary Law on the epidemic. The Logo Chiwa Customary Law, first enacted in 1484, amended in 1650, then in 1892 and finally in 1935 has a provision about an epidemic. See the following>
Regarding content, these customary laws are not only testimonies to the civility that has survived among Eritrean communities but also compendia of material for legal, anthropological, administrative, historical, environmental, human rights and dignity as well as social structure studies. It is not to be forgotten, along the lines of our increasing interest in preserving intangible Eritrean heritage, also that they are rich depositories of our quickly vanishing traditional vocabulary and expressions. The similarities among Eritrean customary laws tend to show that there has been constant interaction between and among the various communities of Eritrean society.
These customary laws cover almost all the notions embodied in key laws – substantive (civil, commercial, criminal, environmental and human rights) and procedural. Read any written customary law and you will find extremely detailed provisions on or for humans (birth to death: pregnancy and birth, rearing, adoption, betrothal, marriage, divorce, death and funerals, successions, the care for family members, care for the disabled, on widows and widowers, orphans and the unmarried, contracts, crime and responsibility, the payment of damages, etc.), plants, animals, wood, land, hunting, market days, judges, advocates, witnesses, clergy, land and water routes, schools, epidemics and quarantine, rules of greetings, behavior towards authorities, the inauguration of titles, religions, hospitality, etc.
The customary laws that have been codified:
i. the Logo-chiwa, codified in 1413, later modified and coded in 1910 in Tigringa;
ii. the Adgna Tegeleba codified in 1937 in Tigrigna;
iii. the Law of the Adkeme Melgae codified in 1936 in Tigrigna;
iv. the Karneshm codified in 1910 in Tigrigna;
v. the Lamza Saharti, codified in 1936 in Tigrigna;
vi. the Shewate Anseba codified in 1910 in Tigrigna;
vii. the customary law of the Kunama is not codified but orally remembered and administered consistently;
viii the Fithi Mehari of Mensa’e, codified in 1913 in Tigre;
ix. the Ben-Amir codified in 1967 (3).
The Logo Chewa Eritrean Customary Law on the epidemic. The Logo Chiwa Customary Law, first enacted in 1484, amended in 1650, then in 1892 and finally in 1935 has a provision about an epidemic. See the following>
