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[Kuasmeda]

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>

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[Noble Amhara]

Medri Bahri

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[Kuasmeda]

The British kept up with the Italian tradition and allowed the Eritrean customary law elders to continue amending their customary laws when necessary. Following Ethiopian annexation of Eritrea in November 1962, Emperor Haile Selassie I, with the desire to impose his new Codes (introduced in the late 1950s and early 1960s) on his subjects, abolished all pre-existing laws, customary or otherwise, in areas covered by the new Codes. In the area of civil matters, Article 3347(1) of the Civil Code of Ethiopia 1960 provided: “Unless otherwise expressly provided, all rules whether written or customary previously in force concerning matters provided for in this Code shall be replaced by this Code and are hereby repealed.” The Dergue followed the footsteps of the previous imperial government.

However, customary laws are an integral part and a reflection of the tradition, lifestyle, belief system and civilization of the community where they are applied. Arguably, one cannot, by the stroke of a pen or by adding a paragraph in a new code, repeal these laws. Similarly, it is argued that new laws will only be adhered to in society when people understand the concepts of the new law and find a way to harmonize the old with the new. Thus, in the words of the anthropologist Prof. Asmarom Legesse, despite such pressure, Eritrean communities continued the exercise of their customary laws and norms ‘underground’. There is, for instance, evidence to show that some customary laws continued to be amended in writing thorough the 1960s and 1970s in the thick of the Ethiopian rule and heavy battles for the independence of Eritrea.

[Kuasmeda]

After the independence of Eritrea, efforts have been waged to embody or reflect relevant areas of the customary laws and practices into national laws and policies. The 1994 Land Proclamation, for instance, reflects an effort embody some key components of the customary practices on land allocation and distribution.

The establishment in 2003 of the community courts is also another notable effort to maintain customary mediation or conciliation mechanisms in lieu of adjudication under national laws. More recently, the new Penal Code published in 2015 depicts attempts made to incorporate fitting components of customary laws into the provisions of the Code (Ogubazghi and Andemariam, 2013).

[Kuasmeda]

https://www.tesfanews.net/eritrean-cust ... aw-values/

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>

[Digital Weyane]

My Singapore look alike country Tigray is the only country in the world that has a written manifesto for its expansion and hegemonic plans. Our Weyane manifesto is our written constitution. We Digital Weyane will defend our TPLF's manifesto to our death.

[Kuasmeda]

My Singapore look alike country Tigray is the only country in the world that has a written manifesto for its expansion and hegemonic plans. Our Weyane manifesto is our written constitution. We Digital Weyane will defend our TPLF's manifesto to our death.

[Fitawrari Meshesha]

M