Eritrea: Constitutional, Legislative and Administrative Provisions Concerning Indigenous Peoples

Abstract

The study explored how constitutional, legislative and administrative provisions in Eritrea treat indigenous peoples. Following the criteria set for identification of indigenous peoples, the study identified the Kunama, the Nara and the Tekurir, three of the nine officially recognized ethnic groups in Eritrea, as meeting the definition of indigenous peoples. Eritrea’s legal framework does not explicitly recognise indigenous peoples. Very little positive legal protection of these groups has been noted. Certain legislation tends to ignore the lifestyle of these indigenous peoples and has the effect of forcing indigenous peoples to change their pastoral ways of life. The confluence of nation-building, development, centralisation and nationalisation are acutely felt and work to the detriment of indigenous peoples. Similarly, the domination of these communities by others and thus the resultant loss of identity are additional problems. Often, laws that may potentially protect or advance the rights of indigenous peoples lack implementation. As far as the law has been applied, it has mostly served as an instrument of assimilation and further marginalisation of indigenous groups. The main contribution of this study may be its insights concerning the difficulties of employing the concept of ‘indigenousness’ to a context such as that of Eritrea. Firstly, the issue of indigenous peoples’ rights is submerged into larger, more general human rights issues affecting everyone in Eritrea. Secondly, a common national identity has become prioritised above different ethnicities, both as a result of the liberation struggle and due to steps taken by the new government after independence. This emphasis on a national identity made minority identity subservient to national loyalty. This context allowed little room for the assertion of divergent ethno-linguistic claims, or for the emergence of indigenous peoples’ rights as an issue of national concern.