ELL Frankfurt Paper: Proposed Position Paper presented at Felsberger Institute Workshop on Eritrea held on the 13th & 14th of November 2015

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ELL Frankfurt Paper

Proposed Position Paper presented at Felsberger Institute Workshop on Eritrea held on the 13th   & 14th of November 2015

  1. 1. Background:

As we all know, Eritrea is again at a crossroads that can be summarized in the lack of succession plan from within the regime or in the opposition.

Therefore, we are here today because we realize the dire situation we are in as a  country  and  the  grave  consequences  that  may  come  about  due  to  the possible  sudden  demise  of  Isaias  Afwerki  or  simply  an  implosion  of  his dictatorial  regime  due  to  inherent  factors.  Thus,  we  are  driven  by  our obligation  and  responsibility  to  contribute  our  share  in  averting  such  grim possibilities, which is in line with the principles of our initiative to establish ELL. We  have  repeatedly  called  upon  all  concerned,  to  seriously  engage  in constructive  discussions  conducive  to  realizing  a  principled  and  workable solution  to  the  issue  of  future  governance  in  Eritrea,  instead  of  simply minimizing the struggle to removing the existing regime. Our problems are not attributed solely to dictatorship, but also to a large extent have their origins in our complete failure to manage our diversity.

A more in depth analysis of the current situation, requires that we look back at the  events  of  the  last  70  years  or  so  that  steered  our  fate  towards  this precarious point in time. And in so doing, we realize that one aspect had always jumped to the fore at each turn of events, the fact that we failed to manage the diversity of the constituents of our country. The trials have always been to impose forcible assimilation through imposing domination, when unity in  diversity  and  cooperation  would  have  been  the  answer.  Especially  that Eritrea is not a country of a majority constituent against a negligible submissive minority. A multi-ethnic and multi-cultural country that necessitates peaceful coexistence between all its different constituents based on the recognition and acceptance of this fact. The unworkable solutions for our problems cost us dearly in lives and time:

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  1. a) Early enough for an African nation, we had the opportunity to gain full independence but a considerable section of our people opted for unity with Ethiopia. This ended up in a federal arrangement as a compromise with those who opted for independenc Ethiopia did not occupy Eritrea by force. It was due to national interest across the border for a certain section of  our  people.  Even  that  mediocre  federal  arrangement  was considered too much of an independence  from “Mother Ethiopia”, so the proponents of the unity option worked hand in glove with Ethiopia to make it null and void.
  1. b) When the Eritrean people lost that mere semblance of independence, they had no choice but to start an armed struggle to regain their right to full independence. Again the elites of the same social component fought tooth   and   nail   alongside   Ethiopia   in   its   scorched   earth   military campaigns with the aim of putting the revolution down.
  1. c) After the downfall of Emperor Haile Selassie and the ascension to power of the Derg under Mengistu Haile Mariam, a welcome change of heart saw an influx to join the revolution. This due to the new changes that had affected the balance of power and the interests of Ethiopian ruling elites and their former loyal allies in Eritre
  1. d) It wasn’t long before a chasm was created that divided those engaged in the armed struggle along the same lines that saw its climax when the EPLF with the full support of TPLF (a foreign entity across the  border) forcibly had driven the ELF and all other Liberation Fronts out  of the Field. Thus, the EPLF gained the complete control over the  liberated areas and ultimately the decision over the fate of Eritrea.
  1. e) Upon independence and its ascension to power, EPLF with the same motives and designs, rejected all political organizations and barred them from playing a role in building and managing the coun Those  who accepted to dissolve their organizations and/or parties were  allowed into the country as individuals, but only to be faced with  ostracization and persecution. Some went into exile; others were less fortunate and were liquidated or are still languishing in prisons.
  1. f) The regime espoused the policy and practice of Tigrinya domination in all aspects of life: language, culture, economy, decision making, and even distorting and rewriting history (A survey by Ahmed Raji that was

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published in  www.awate.com in five parts in 2009 is attached herewith as a reference).

  1. g) It is a known fact to anyone who is genuinely interested in the state of affairs of Eritrea today that the opposition to the dictatorial regime itself is also divided along the same line As a result we witness a failure to unite its efforts towards realizing the aspired change. Not only that; the opposition doesn’t even share the same vision for future Eritrea.
  1. h) In the absence of a clear majority for any social component over the other  social  components  in  Eritrea,  it  goes  without  saying   that   a completely different approach should have been pursued in the past and must be the intention for the futu

Therefore, we are here today in line with our deep-rooted conviction, upheld principles and national duty towards our society in particular and the Eritrean people at large to be part of a solution that will break this vicious circle.

  1. 2. The Way Ahead

We feel we are obliged to contribute our share to the effort of seeking a solution to the controversial issue of Eritrea’s future governance. Hence, all the concerned parties necessarily have to reach a consensus about the form of a system  that  embraces  our  diversity  and  guarantees  our  collective  rights, freedoms and interests through adopting a suitable form of a constitutional state based on democracy, the rule of law, justice and fair arrangement to share wealth and power. We truly believe that any durable solution to the question  of  future  governance  in  Eritrea  that  will  realise  the  goals  and aspiration of all concerned partners could only be attained through putting in place a consensual new social contract. A Social Contract that will incorporate the basic and essential freedoms, rights, interests of all social components on equal grounds and preserve and sustain social peace and peaceful coexistence, leading to a sustainable national unity. Such a contract is an indispensable prerequisite for the realisation of a united, free, and democratic Eritrea that we all aspire to establish and live in. It is necessary that all concerned partners should fully participate in drawing, drafting and finally consensually adopting the new social contract. Such a contract should constitute the basis for drafting a national constitution that defines and regulates how the country and its people will be governed. In our opinion, the following facets constitute the corner stones of the new social contract:

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  1. a) Unity & Diversity

A  lasting national  unity should be based on the voluntary will of all different  national  components  and  the  mutual  recognition  of  their diversity and shall embrace and guarantee their interests, full and equal citizenship as individuals and national groups. This will underlie the solid foundation for establishing a lasting and durable national unity of the country and its people as per universally accepted and ratified human rights treaties attesting to the fact that only fair and just treatment, granting  equal  rights,  and  preserving  the  interests  of  all  the  social components is the guarantee to maintain a durable and lasting national unity.

As Eritrea is a multi-ethnic and multi-cultural nation and only genuine recognition and acceptance of this reality and practically promoting that to cover the wide spectra of its ethnic, cultural, religious, lingual etc. manifestations and forms is the right step towards tackling our chronic problems.

The current state of scepticism, fear and lack of trust prevailing among our different social components is an accumulative result of long years of  abuse,  domination  and  exclusion  policies  and  practices  that  have been exercised  against most national components.  The fact that the current dictatorial regime is mainly responsible for executing the policy and practice of domination today is an inherited legacy passed on from the ruling Tigrinya elites since the forties of the last century. In other words, we all have to realise and accept that Eritrea is not ‘Hade Hizbi Hade Libbi’ — one nation, one heart — as falsely advocated by the regime and its collaborators. The realisation of this fact is an important milestone in the road towards finding a proper and sound solution to our existing problems.

  1. b) Governance:

i-      Transitional stage:

The stage that will immediately follow regime change will be marked by   the   main   purpose   of   the   establishment   of   a   permanent constitutional government. No matter who will be the agent or the mechanism of change, it is necessary for all stakeholders to agree on

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how the provisional government is to be formed, its duration and a detailed road-map to successfully accomplish the tasks entailed.

ii-     Interim Council:

A provisional council composed of the representatives of all political parties   and   organisations   that   opposed   the   regime,   national components  and  change  agents,  should  be  formed  to  act  as  a temporary  parliament  entrusted  with  the  task  of  setting  up  an interim  government,  drawing  up  a  comprehensive  charter  and  a detailed road-map for the transitional period.

iii-    Interim Government:

The Interim Government shall be headed by a presidential council that, in addition to having the needed qualifications for the office, should properly reflect the Eritrean diversity in its composition

The Interim Government’s main task shall be to supervise and run all relevant  services  in  the  country,  conduct  foreign  relations,  and prepare the ground for a successful transition to a constitutional democratic governance system based on the charter and road-map formulated in light of the principles of the social contract reached. Its duties shall include, but not be limited to, drafting a constitution, forming  the  different  committees  for  national  reconciliation  and transitional justice, refugee repatriation, land issues, elections, etc.

To  ensure  the  stability  and  the  realization  of  a  constitutional democratic  government,  and  a  successful  transition,  the  process should be closely monitored and guaranteed by impartial regional and   international   organizations   such   as   the   United   Nations, European Union, African Union, Arab League and IGAD etc.

iv-    Constitutional Government:

We believe that adopting a constitutional democratic decentralised system  of  governance  is  the  best  choice  for  a  country  of  such diversity as Eritrea. A system that is based on constitutional rights, democratic structures, institutions and proper functional means that guarantee the establishment of the rule of law, equal basic human

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and   liberal   rights   and   freedoms,   and   the   provision   of   equal opportunities to all national stakeholders.

A decentralised form of government that guarantees a fair sharing of Power  and  distribution  of  wealth  –  both  locally  and  nationally  – among all components. A constitutional, democratic, decentralised system of governance based on a multi-party platform with three distinct and independent authorities, namely: Legislative, Executive and Judicial. We also see that these government structures will not be complete without the promotion of free press and media that is accessible to all.

We   have   an   unshakable   belief   that   the   proposed   form   of government is the only possible way to tackle once and for all the chronic problems that have afflicted Eritrean politics since the mid-

1940s.

  1. c) Religion:

The full freedom of faith and worship to all the adherents of all the religions of the land must be upheld and guaranteed as a basic human right.  Faith  followers  must have the right, not only to practice their worship  rituals,  but  also  to  independently  manage  their  religious interests and affairs within the bounds of the law without interference by the state. All endowment properties and other assets owned by the relevant religions should be protected and any assistance thereto should be equally allocated. The state should be at an equal distance from all religions.

  1. d) National Reconciliation:

A country and people that have undergone such a long and difficult unnatural process of nation formation, and went through painful and traumatic struggle to realise liberation, while in the process have been exposed  to  bitter  internal  disagreements,  conflicts,  acrimonies  and fighting among the different components that have left its social fabric in tatters, needs a reconciliation process to bring it back together to start building the foundations for a common future. Thus, it is essential for  Eritreans  to  go  through  a  process  of  healing  to  normalise  the situation, where people can coexist in peace and live in harmony, and

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where they properly address the accumulated injustices, abuses and the consequential bitterness precipitated across time in order for this nation to overcome its past legacy and make its way into the future.

National reconciliation and transitional justice are proven remedies that many people who have gone through experiences similar to ours have benefited from in healing such deep lying social soars and pains. This involves  a  complex  process  that  properly  addresses  the  injustices committed,  make  compensations  for  material  loss  incurred,  dissolve tensions and regain the lost trust among the social components through devising   creative   and   innovative   confidence   building   measures, approaches and methods tailored to suit our specific conditions.

Although this process is not expected to start in earnest until we are upon the transitional period, it is necessary to come to an agreement now  about  the  principles  that  will  govern  it  and  the  processes  to facilitate  it.  This  can  be  achieved  through  establishing  reconciliation committee with the immediate task of starting to gather the relevant facts and evidences necessary to expedite the application of transitional justice.

  1. e) Land Issues:

Most, if not all Eritreans agree that the land issue is the most critical and complicated one and that if not properly resolved will plunge the whole country into the deep fathoms of instability or lead to the breakout of a disastrous  civil  war  that  may  jeopardise  the  unity  of  the  country. Moreover,  for  the  Eritrean  Lowlanders  at  large,  the  land  issue  is  of utmost  importance  because  it  is  in  this  respect  that  most  of  the transgressions  against  the  very  existence  and  livelihood  of  Lowland Societies have taken and are still taking place.

Conventionally, land lying within the original habitat of any particular society, whether collectively or individually owned, is considered society land.  Thus,  any  land  ownership  must  conform  to  the  norms  and customary laws that were historically proven appropriate and feasible for the management and ownership of land by the concerned society members. Such traditional arrangements and laws recognise the social components’  indisputable  right  to  land  ownership  and  use  in  their historical    ancestral    territories    that    all    partners    had    mutually

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acknowledged   in   the   past   as   a   condition   to   maintain   peaceful coexistence.

Therefore,  all  violations  to  the  aforementioned  accepted  norms  that have  been  committed  in  the  form  of  land  expropriation,  unlawful redistribution,  district  border  changes  through  the  enforcement  of policies  by  incumbent  authorities  are  illegal,  and  must  be  seen  and considered as such. This goes for all land acquisitions and displacements implemented by the current regime and Ethiopian regime in the lowland territories and elsewhere without the consent of the concerned.

Notwithstanding the above, we believe that any Eritrean citizen has the right to live, work and even own land with legal arrangements and deals with the rightful owners in any part of the country, be it in the lowlands or highlands. However, that should not be in the context of forcible collective organised settlements, displacements, land expropriation or confiscation.

Further, consultations can take place with the rightful owners and with their  full  consent  and  acknowledgement  to  reach  some  compromise agreements that while fully recognise the indigenous indisputable rights of ownership, consider the needs and interests of others in the country.

  1. f) Refugees:

The refugee issue is another issue of contention that is directly related to the land issue, property rights and abuse of basic human and citizen rights that should be properly resolved.

The first batches of refugees “Old Refugees” that are still languishing in godforsaken camps in Eastern Sudan, were forcibly made to escape for their  lives  in  the  late  1960s  because  of  the  repeated  scorched  land military campaigns that were indiscriminately waged by the Ethiopian army and its collaborators the units of ‘Commandos’ mainly composed of Eritrean Tigrinya Highlanders during the liberation era. The waves of “Old Refugees” continued to flow in droves into the Sudan well into the closing decades of the century because of continued military campaigns. After independence, there were superficial attempts by the dictatorial regime  towards  repatriation of  refugees  in  conjunction  with UNHCR. Those who opted for voluntary return, where not allowed back to the

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villages and towns from  where they escaped, but to the contrary were assigned to desolate areas with meagre resources and no outlook for long  term  sustainability.  The  result  was  another  exodus  back  to  the refugee camps in the Sudan. In the process, they lost their legal refugee status because the international bodies concerned accepted that Eritrea was safe enough for its people to seek refuge elsewhere.

The new refugee influx, mainly after independence, is a result of the injustices and flagrant abuses of human rights committed by the current dictatorial regime.

It is necessary to accept, guarantee and stress the inalienable right of all refugees to return to their home places and their right to claim back their  land  and  their  way  of  life  with  the  provision  of  the  necessary support and proper compensation for their rehabilitation.

We stand behind and promote their legitimate right to return and call upon   all   concerned   circles   including   our   national   partners   to acknowledge  that  right  and  to  consider  it  a  priority  and  a  joint responsibility to ensure this is achieved as soon as the dictatorial regime has fallen.

Eritrean refugees must be assisted to voluntarily return to their original habitat and all possible efforts should be exerted and resources assigned to facilitate  their return and stability, especially  the most vulnerable refugees who have been languishing in the refugee camps in the Sudan.

  1. g) Language Issue:

The language issue should be considered in the context of the realities on the ground, previous social contracts and the rights of people to choose for themselves. We list below some of the facts that must be considered:

  1. Eritrea is a multi-lingual country with no consensus in favour  of a single language that reflects the cultures and satisfies the needs and interests of all constituents.
  1. Eritrea being a small country with limited resources, cannot  afford using all its local languages as official ones, moreover it is practically

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impossible  due  to  the  fact  that  most  of  these  languages  are  not developed enough to meet the required standards to be adopted as official languages.

iii.     Eritrean  Constitution  ratified  in  September  1952,  stipulates   the following in

“Article 38 – Languages:

  1. Tigrigna and Arabic shall be the official languages of Eritrea.
  2. In accordance with established practice in Eritrea, the languages spoken and written by the various population  groups  shall be permitted to be used in dealing with the  public  authorities, as well as for religious or educational purposes and for all forms of expression of ideas. “

The   above,   part   of   an   agreed   social  contract,   was   later enshrined in the aforementioned document.

  1. Tigrinya as the language of one of the constituents of Eritrea,  and although  fully  accepted  as  per  the  above  as  one  of  the  official languages,  it  cannot  be  the  only  official  language  for  the  simple reason that it has been chosen as such by its own constituents, but definitely not by all other social components who  happen to have other choices.
  1. All the other national components except the Tigrinya ethnic  group have  chosen  Arabic as  an official  language  and  a  common  lingua franca due to deeply rooted historical and cultural consideration. This was the case before the federal arrangement, during the federation, and during the revolutionary era. It is also the case now as we find it unequivocally  stated  in  the  political   programs  of  most  political organizations and parties. In addition  to  all the foregoing, it is the right  of  the  concerned  social  components  to  make  a  choice  and nobody has the right to  impose  on them what they should choose and adopt.
  1. It is therefore a known fact that historically, Arabic was adopted for the   Lowlands   and   Tigrinya   for   the   Highlands   in   the   federal constitution of 1952 as quoted in “c” above, until Ethiopia unilaterally abolished   the   federal   arrangement   and   imposed   the   Amharic

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language in place of all Eritrean languages. The medium of instruction in elementary schools was either Tigrinya or Arabic per choice. It was from  Middle  School  onwards  that  English  was  the  medium  of instruction for all Eritrea.

vii.     During  the  struggle  for  independence,  Arabic  and  Tigrinya  were accepted and used as official national languages of Eritrea  per  the historical,  cultural,  legal  reasons  and  mainly  as  democratic  choice that reflects reality of the cultural diversity that has prevailed.

viii.     It must be noted that none of the social components of Eritrea has denied or disputed the right of the Tigrinya in adopting the choice of their  language  as  an  official  language  ever  since  the  subject  was brought up in the 1940s of the last century.  On the other hand, most of the Tigrinya elites ardently refused to accept the  choice of the other social components to have Arabic as their official language and still do. This, unfortunately, reflects a deep-seated inherent motive of hegemony and domination in the minds of  Tigrinya elites and is an outright denial of the right of others to choose for themselves. It is also an indication that it is not being looked at as one of the aspects of our cultural diversity and as a reality that exists among the people.

  1. ix. Taking all the above into consideration, we believe that all  Eritrean languages   shall   be   considered   equal   by   law   in   their   status, importance, right of use in all aspects of life and right to  develop through time by the state. As this is an  acknowledgement  of the cultural diversity of the n
  1. h) Economy:

The majority of the people are engaged in primitive small farming and pastoral life, a type of traditional economy that should be developed by introducing machinery, modern methods and knowhow to improve its quality and quantity to the level of the international standards of today.

The state should adopt a mixed economy where the public and private sector  economical  activities  run  in  parallel.  This  is  to  maintain  the balance of interests between the profit driven private sector and the service-interested public sector. This can be supplemented by drawing different  laws  that  attract  local  and  international  investments  as

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incentives  to  further  invigorate  the  economy.  Develop  the  mining industry, tourism and trade.

Priority  in  economic and  educational  development  must  be  given  to underprivileged Eritrean regions and social groups that suffered from underdevelopment due to: the fact that it has borne the consequence of the devastating liberation war; exclusions and systematic unfair policies in the colonial eras as well as in the post-independence period.  This can be achieved by enacting positive discrimination principles to enable the less developed regions and social groups to catch up with their fellow communities aiming at promoting equitable development throughout the country.

  1. i) International Relations:

With the understanding that foreign policy and relations are generally defined  as  the  objectives  that  guide  the  diplomatic  activities  and relationships   of   one   state/entity   in   its   interactions   with   other states/entities, Eritrea should pursue policies that are primarily designed to safeguard and achieve national interests and objectives in addition to furthering cooperation within the context of its regional and international scope  in  accordance  with  universally  accepted  norms.  Eritrea  should therefore endeavour and strive to:

  • Respect, recognise and work for the realization of mutual  national interests between nations,
  • Recognise, respect and preserve mutual equality of status, territorial integrity and sovereignty,
  • Maintain peaceful coexistence between states particularly  between neighbouring states.
  • Abide and be signatory to all international and regional conventions and agreements that improve international  cooperation  and serve

our national interests.

  • Respect,  and  strictly  abide  by  all  agreements  and   conventions particularly that of the universal human rights convention and other international, regional and bilateral agreements.
  • To create, maintain and develop special strong, stable and enduring relations  between  neighbouring  countries  that  preserve,  enhance

mutual interests, historic and cultural ties between peoples  across the borders.

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  • Be  a  positively  active  and  functional  member  of  all  regional  and international  political,  economic  and  religious  organizations   that serve   our   national   interests,   enhance   and   promote    cultural, educational and social developmental and better understanding and relations between peoples of different countries.
  • The Eritrean regime has not abided by any of its obligations as part of the world community and acted as a rouge state, a condition that

should be reversed by any future government.

  1. 3. Our Position on the Current State Structure:

It is understood that the existing state apparatus suffers from basic structural and principle flaws. These flaws could be attended to during the transitional period during which steps should be taken to restructure the state by mending the main defects it suffers such as:

  1. a) Severe imbalance in the representation of social components in all the levels of its hierarchy, but mainly in the middle and higher echelons of the decision making proc
  1. b) Completely geared towards imposing, safeguarding and implementing a dictatorial approach to all facets of life that is clearly manifested by lack of democracy, transparency and rule of la
  1. c) Espouses and promotes total disregard to human dignity and human life, hence its modus operandi is one of excommunication, disappearances, illegal imprisonments, forced labour, and summary execu

Establishing a better Eritrea, requires that the current state apparatus is totally revised and restructured along principled and constitutional structures and objectives   based   on   traditions   of   professionalism,   political   neutrality, transparency and accountability with the ultimate purpose and doctrine to serve the national interests of the people.

As the composition of the current state apparatus is flawed as stated, that also needs  to  be  revised  to  reflect  the  diversity  of  the  Eritrean  people.  This restructuring  process  should  be  thorough  and  apply  to  the  entire  civilian, military and security services, as well as the practice of commerce and trade that has been made part and parcel of the dictatorial regime’s policy and directly serving its interests.

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The current political setup of one-party rule is not at all capable of acting as a vehicle  for  positive  change.  Therefore  it  is  to  be  modified  in  objectives, doctrine  and  methods  to  conform  to  the  general  requirements  of  the formation  of  a  multi-party  system  to  be  defined  by  a  constitution  that emanates from an agreed upon social contract free of domination, exclusion and marginalization.

It is therefore our position that, in the interest of reconciliation, the majority of people who served the dictatorial regime in different capacities, but have not been directly responsible for atrocities should be integrated into the newly restructured state institutions.

Also in the same spirit of reconciliation and not letting gross violations of human rights go unpunished and redress for the victims sought, those in the highest echelons against whom there is incriminating evidence of gross human rights abuses must be tried and face justice in a court of law.

The army is no exception as its main purpose was distorted to preserve the dictatorial regime. It should be restructured so that its composition reflects the Eritrean diversity in all levels of authority and specializations. Its doctrine must also be redefined as a national establishment whose main purpose is to defend national security, be conducive to internal stability and serve the interest of its people  while  focusing  on  professionalism  and  being  free  of  any  political affiliation.  Its  size  has  to  be  scaled  down  to  a  suitable  level  to  serve  the purpose of defending the sovereignty and integrity of the state and not be wielded as a destabilizing force in the region as it is currently being misused by the regime.

  1. 4. Conclusion:

We conclude by stating that we are convinced that the problems facing our nation are serious and deep-rooted.

It is worth mentioning that since the early 1980’s, and particularly the last 25 years of independence, the Eritrean social and cultural components have lost “trust” on each other. This is basically due to the fact that the non-Tigrinya social  groups  have  a  deep  feeling  of  suffering  from  marginalization  and exclusion.

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This Phenomenon has manifested itself in the major economic, cultural and political   decision   making   inequalities   among   the   social   and   cultural components of our society.

To regain the “lost trust” we need to comfort our people with clear and openly declared intentions, followed by actions to the effect that all inequalities and injustices will be dealt with by ensuring that all Eritrean social groups will be part of the change process.

To further reassure all the social constituents of the nation, we call upon all stakeholders to explicitly express their stand against policies and practices of domination, marginalization and exclusion.

Thus,  a  new  approach  is  required  to  tackle  these  problems.  An  approach different from the old traditional methods followed so far to no avail.  Above all, we need to undertake serious open dialogues where, all the cards are put on the table in order to come to a satisfactory solution no matter how difficult or bitter that may be as long as it is finally acceptable to all partners.

Failing  to  act  appropriately  on  these  grievances  through  finding  lasting solutions for them, and the failure to reach a consensus on how Eritrea is to be governed,  to  the  satisfaction  and  best  interest,  of  all  its  stakeholders  will certainly have the door wide open to all undesired risks and dangers including that of disintegration.

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