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I. Introduction
Both the nation and the state of Eritrea are relatively recent
constructs. Granted statehood in 1993 following a protracted war
for independence from Ethiopia, the idea of the Eritrean entity
dates back to 1869 when Italy established a colony to support its
interests in the Red Sea region. The Ethiopian emperor and the
Italian government, by agreement, delineated the present Eritrean
borders that encompass both scorching coastal lowlands and the
1
temperate highlands around Asmara. The Italians officially
2
bestowed the name, Eritrea, upon the territory. After Italys defeat
in the Second World War, a British caretaker government assumed
control of Eritrea while the Allied Powers contemplated its
3
destiny.
The United Nations ultimately decided the fate of Eritrea.
Uncertain about outright independence but still intent upon
distinguishing Eritrea from its neighbor Ethiopia, the U.N. General
Assembly, in compromise fashion, resolved that Eritrea shall
constitute an autonomous unit federated with Ethiopia under the
4
sovereignty of the Ethiopian Crown. Much of the uncertainty
demonstrated by the General Assembly related to the view
propagated by Ethiopians and their sympathizers that Eritrea was
The author is an international boundary lawyer with Le Boeuf, Lamb, Greene &
14See Interview with faculty and students, University of Asmara, Asmara, Eritrea
(spring semester 1996).
15 See PATEMAN, supra note 1, at 6, 67-71.
16 See id. at 19.
17 See infra notes 22-39 and accompanying text.
18 See infra notes 40-101 and accompanying text.
19 See infra notes 102-48 and accompanying text.
20 See infra notes 149-261 and accompanying text.
21 See infra notes 262-79 and accompanying text.
22See PATEMAN, supra note 1 (describing the conflict as the struggle); THE
LONG STRUGGLE OF ERITREA FOR INDEPENDENCE AND CONSTRUCTIVE PEACE (Lionel
Cliffe & Basil Davidson eds., 1988) (referring to the conflict as the struggle).
23 See generally PATEMAN, supra note 1, at 3-27 (discussing whether Eritrea meets
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the definition of a nation); Alain Fenet, The Right of the Eritrean People to Self-
determination, in THE LONG STRUGGLE OF ERITREA FOR INDEPENDENCE AND
CONSTRUCTIVE PEACE, supra note 22, 33, 33-45 (discussing Eritreas international law
and legal claims to self-determination).
24 See generally W
ILBUR ZELINSKY, NATION INTO STATE: THE SHIFTING SYMBOLIC
FOUNDATIONS OF AMERICAN NATIONALISM 4-9 (1988) (explaining that a nation
precedes a state but that a nation does not always become a state).
25 See U.N. CHARTER art. 1, para 2.
26 Id. art. 55.
27 G.A. Res. 1514, U.N. GAOR, 15th Sess., Supp. No. 16, at 67, U.N. Doc.
38 Gregory H. Fox, Self Determination in the Post-Cold War Era: A New Internal
53 Id. at 20.
54 2 QUINCY WRIGHT, A STUDY OF WAR 992 (1942).
55
Ernest Renan, What is a nation? (Martin Thom trans.), in NATION AND
NARRATION 8, 19 (Homi K. Bhabha ed., 1990).
56 Id.
57
Walker Connor, A Nation Is a Nation, Is a State, Is an Ethnic Group . . . , 1978
ETHNIC AND RACIAL STUD. 377, 379.
58 See SETON-WATSON, supra note 41, at 1.
59 Id.
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66 Craig Calhoun, Nationalism and Ethnicity, 19 ANN. REV. SOC. 211, 211 (1993).
67See Anthony D. Smith, The Origins of Nations, in NATIONALISM, supra note 44,
at 147, 147-54.
68 See id. at 151-54.
69 PETER ALTER, NATIONALISM 14 (2d ed. 1994).
70 Id.
71 Max Weber, The Nation, in NATIONALISM, supra note 43, at 21, 25.
72 GELLNER, supra note 63, at 53-62.
73 See id. at 56.
74
See Anthony D. Smith, The Nation: Invented, Imagined, Reconstructed?, in
REIMAGINING THE NATION 9, 15-16 (Marjorie Ringrose & Adam J. Lerner eds., 1993).
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75 See id.
76
Paul Brass, Elite Groups, Symbol Manipulation and Ethnic Identity Among the
Muslims of South Asia, in POLITICAL IDENTITY IN SOUTH ASIA 35, 41 (David Taylor &
Malcolm Yapp eds., 1979).
77 See Keith Highet & George Kahale III, International Decisions: European
82 See id.
83 Id.
84 Id.
85 ANTHONY D. SMITH, NATIONAL IDENTITY 14 (1991).
86
See, e.g., JEAN GOTTMAN, THE SIGNIFICANCE OF TERRITORY (1973); David B.
Knight, Identity and Territory: Geographical Perspectives on Nationalism and
Regionalism, 72 ANNALS ASSN AM. GEOGRAPHERS 514 (1982); ROY E.H. MELLOR,
NATION, STATE, AND TERRITORY: A POLITICAL GEOGRAPHY (1989).
87 Knight, supra note 86, at 526.
88 DAVID HOOSON, GEOGRAPHY AND NATIONAL IDENTITY 1 (1994).
89 See ANDERSON, supra note 43, at 174-75.
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90 Id. at 175.
91
James Anderson, Nationalist Ideology and Territory, in NATIONALISM, SELF-
DETERMINATION AND POLITICAL GEOGRAPHY 18, 24 (R.J. Johnston et al. eds., 1988).
92 SMITH, supra note 85, at 9.
93 See supra notes 85-92 and accompanying text.
94 GUIBERNAU, supra note 81, at 76.
95 See id.
96See generally ZELINSKY, supra note 24, at 22-27 (discussing how countries
symbolize their nationhood or statehood by means of a particular idealized human figure
or totemic beast).
97 See id. at 30-35.
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105
Eritrea attained independence in 1993. See TESFA G. GEBREMEDHIN, BEYOND
SURVIVAL 6 (1996).
106See generally BEHIND THE WAR IN ERITREA (Basil Davidson et al. eds., 1980).
Regarding the evolution of nations, Andrew Smith has maintained that [t]he West
acquired nations almost by accident; in other parts of the globe, nations were created by
design. SMITH, supra note 85, at 100.
107
See THE STATESMANS YEARBOOK: THE ESSENTIAL POLITICAL AND ECONOMIC
GUIDE TO ALL COUNTRIES OF THE WORLD 512 (Barry Turner ed., 135th ed. 1998-99).
108 See ROBERT PAPSTEIN, ERITREA: REVOLUTION AT DUSK 3-9 (1991).
109See Peggy Ann Hoyle, Eritrean National Identity: The Role of Education and the
Constitution 49 (1997) (unpublished Ph.D. dissertation, University of North Carolina at
Chapel Hill) (on file with the University of North Carolina at Chapel Hill Library).
110 See id.
111 See RUTH IYOB, THE ERITREAN STRUGGLE FOR INDEPENDENCE: DOMINATION,
RESISTANCE AND NATIONALISM 1941-1993 12 (1995) (discussing CHRISTOPHER CLAPHAM,
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well into the thirty-year struggle, specifically the last ten years of
it:
The sense of nationhood achieved after three decades of
struggle . . . transcends the legacy of fragmentation that
characterized traditional Eritrean society. Those cleavages,
religious and regional in character, had split the nationalists in
the 1940s and persisted into the 1980s. It was only during the
1980s, when the single imperative of liberation from Ethiopian
hegemonic control emerged to unite the Eritrean factions, that
134
an all-encompassing nationalism was achieved.
It should be noted that Iyob carefully drew a distinction
135
between the battle for independence and Eritrean nationhood.
She cautioned that the experience shared by Eritreans in facing a
common enemy should not be mistaken for a full-fledged national
136
identity.
Hence, there remains disagreement as to when the varied
137
Eritrean groups came together as a nation. Habte Selassie
considers nationhood as developing gradually from years of
138
colonialism. Sorenson and others view nationhood as a product
139
of the separate experience under Italian hegemony. Iyob gives
credit to the last years of the armed struggle against Ethiopia,
when the Eritrean Peoples Liberation Front (EPLF) took sole
control of the liberation movement, as the beginning of the
140
Eritrean nation.
134 Id. at 3.
135 See id. at 95-96.
136 See id. at 96.
137 See supra notes 123-36 and accompanying text.
138 See supra note 127 and accompanying text.
139 See supra notes 128-32 and accompanying text.
140 During much of the thirty-year struggle, two armed movements for Eritrean
liberation existed, the Eritrean Liberation Front (ELF) and the Eritrean Peoples
Liberation Front (EPLF). See IYOB, supra note 111, at 108-09. Following a civil war,
the EPLF emerged as the dominant movement which went on to defeat the Ethiopian
army. See id. Today, the EPLF governs the state of Eritrea under the name Peoples
Front for Democracy and Justice (PFDJ). See UNITED NATIONS DEPARTMENT OF PUBLIC
INFORMATION, supra note 4, at 31 (stating that [t]he EPLF turned itself into a political
party known as the Peoples Front for Democracy and Justice); Cobb, supra note 6, at
99 (stating that until a secular democracy is created, the EPLF will remain in power as
the renamed Peoples Front for Democracy and Justice, or PFDJ).
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175 See Hoyle, supra note 109, at 9. The national identity questionnaire survey,
conducted in 1996, involved 148 University of Asmara students. See id. It may be
argued that in a country where the majority of citizens are not literate, university
students are hardly a representative population. See id. at 11. Yet, these educated elites
do represent the next generation of leadership in the countrythose that will inherit the
task of fostering the national identity. See id.
176 Id. at 59.
177 See id.
178 Id. at 60.
179 See id.
180
See CONSTITUTIONAL COMMISSION OF ERITREA, CONSTITUTIONAL PROPOSALS FOR
PUBLIC DEBATE 14 (1995).
181 See Hoyle, supra note 109, at 59.
182 Interviews with faculty, University of Asmara, Asmara, Eritrea, (spring semester
1996).
183 See id.
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184See David Hirst, Eritreas Traits Make It Stand Alone in Africa; Self-reliant
Nation Has Austere Rulers, WASH. TIMES, Oct. 15, 1998, at A13. The initial
imprisonment of the journalist, Ruth Simon, was rationalized by the government on
national security grounds. See id. Yet, she was held under house arrest, without a trial,
for over a year. See id.
185 See Hoyle, supra note 109, at 60.
186 See Paul Harris, Eritrea: A Small War in Africa, COMBAT & SURVIVAL (Oct.
1998).
187 See Hoyle, supra note 109, at 60.
188 See id.
189 See id.
190 Id. app. 2 (reproducing the Eritrean National Anthem).
191 See id. at 60.
192 See id.
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212The Preamble to the Constitution instructs that the rebuilding of Eritrea may be
accomplished through what are deemed national values, among those being self
reliance and hard work. ERI. CONST. pmbl.
213
See James C. McKinley, Jr., Eritrea: African Success Story Being Written, N.Y.
TIMES, Apr. 30, 1996, at A1 [hereinafter African Success Story]; see also James C.
McKinley, Jr., Working On The Railroad, And On Eritreas Revival, N.Y. TIMES, May
19, 1996, 1 at 3 [hereinafter Working On The Railroad].
214 See African Success Story, supra note 213, at A1.
215 See Working On The Railroad, supra note 213, 1 at 3.
216 See id.
217 See Hoyle, supra note 109, at 63.
218 See id.
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229 See Michela Wrong, Eritreans Are Defiant as They Await Fresh Storm,
FINANCIAL TIMES, June 9, 1998, at 6; Thomas Burmeister, Ethiopians Gloat Over Defeat
of Eritrea in Border War, DEUTSCHE PRESSE-AGENTUR, Feb. 28, 1999.
230See Marie Colvin, Horror and Beauty of Ethiopias War, SUNDAY TIMES, June
14, 1998; Truce Urged in East Africa; Peace Broker Appeals to Eritrea, Ethiopia,
WASH. POST, Mar. 2, 1999, at A14. Interestingly, the dispute, as described by the
Eritreans, results from the Ethiopian Tigray ruling partys cartographic view of its
nation. See Wrong, supra note 229. The Tigray are, according to the Eritreans,
attempting to realize their long held goal of a Greater Tigray, which imposes upon the
former Italian borders claimed by Eritrea. See id.
231
See Jeffrey A. Lefebvre, Red Sea Security and the Geopolitical-Economy of the
Hanish Islands Dispute, 52 MIDDLE E. J. 367, 368-69 (1998).
232 See Jamal, supra note 228.
233See Lefebvre, supra note 231, at 369; Eritrean-Yemen Relations Picking Up
Fast, AFR. NEWS SERVICE, Oct. 15, 1998.
234 See Eritrea-Yemen Relations Picking Up Fast, supra note 233.
235 See Hoyle, supra note 109, at 69.
236 Id.
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and green is visible outside a myriad of shops and stores all over
237
the country. At special family events such as weddings, the flag
238
flies at the reception site. During Eritreas fifth anniversary
celebration, flags hung from every light, pole, store, home, and
239
even cars.
Many students also responded to the symbol question with
answers relating directly to the war. For instance, several students
considered those who sacrificed either their lives or limbs in the
240
war as special symbols. They indicated that when they saw the
handicapped or fighters or a cemetery or martyrs cave
241
that they thought of their nation. One respondent answered that
when he looked at a picture of his brother who died in the war he
242
became overcome with a special love for Eritrea. Some of the
responses relating to the war were actual battle sites such as
243 244
Nacfa, or Sawa for Massawa, or the Former Front Line.
One respondent commented that he felt patriotic feelings about
245
Eritrea when he saw films of the struggle.
Another group of responses to the symbol question included
references to the present government. Students commented that
when they saw the president or the name, Issayas, that they
246
felt a special feeling of love for Eritrea. Our government
officials who are not corrupt served as a symbol for one
247
respondent, and another respondent maintained that when he saw
248
development he felt patriotic. Finally, one student responded
249 Id.
250 See id.
251 See id.
252 See id.
253 Id.
254 See id.
255 Id.
256 See id.
257 See id.
258 See id. at 75, 209-14 (app. I).
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V. Conclusion
It is hard to argue with Claphams assessment of Eritrea as an
262
artificial colonial creation encompassing several nationalities.
Eritrea was and is a compilation of numerous ethno-linguistic and
263
religious groups in a territory as diverse as its inhabitants.
Eritreas genesis was artificial, or accidental, resulting from
arbitrary boundary-drawing on the part of the Italian colonial
264
power. Nonetheless, due to the diligent efforts of a national
liberation movement, the EPLF, a single nation evolved inside the
265
former colonial borders. Building on common colonial
experiences and traditional values, the EPLF fostered a supratribal,
266
supralinguistic, suprareligious Eritrean identity.
Consistent with the Alterian and Weberian theory of nation-
building, a core group of military elites and intellectuals have been
responsible for administering the national educational process in
267
Eritrea. To be sure, these elites did not invent the nation as
268
Gellner might argue, but instead nourished pre-existing values
and traditions enabling the territorial peoples to appreciate their
continuity and to differentiate themselves from other national