A/HRC/23/53 33. Recommendations by the United Nations and African Union human rights mechanisms were taken into account in the preparation of the present report. D. Brief comments on the rule of law 34. The all-encompassing definition of the rule of law given in the report of the Secretary-General on the rule of law and transitional justice in conflict and post-conflict societies was taken as a basis to enquire about the rule of law in Eritrea. 2 35. The basic tenets of the rule of law are not respected in Eritrea owing to a centralized system of Government where decision-making powers are concentrated in the hands of the President and his close collaborators. The separation of powers among the various arms of the State is inexistent. The failure to implement the Constitution adopted in 1997 is another reason for the breakdown of the rule of law, although there are other contributory factors, such as arbitrariness, lack of transparency and accountability, all of which have a negative impact on the enjoyment of human rights and fundamental freedoms. 36. A constitutional commission was established by proclamation 55/1994 in March 1994. Following broad consultations, public debate and drafting, the National Assembly ratified the Constitution in 1997. A brief document apparently destined to evolve with time, it provides for the separation of powers, with checks and balances, the independence of institutions, including of the judiciary, and human rights guarantees. As the fundamental law, the Constitution is based on democratic principles and has the authority to declare invalid any law or proclamation inconsistent with it. 37. The Constitution was meant to come into effect following the National Assembly elections, scheduled for 1997. The elections were, however, postponed indefinitely; Eritrea therefore continues to operate on pre-constitutional transitional powers. In the addendum to the report of the Working Group on the Universal Periodic Review, the State under review remarked that the Constitution was “the supreme law of the land”, and that the Government was implementing it, “including the holding of democratic elections at the local, subregional and regional levels”. Some of the institutions provided for in the Constitution had “yet to be constituted”. The representative added that national elections would be held “once the threat to national security and the country’s sovereignty is irrevocably removed”.3 38. Even though the Constitution includes a Bill of Rights (chap. three), the Government of Eritrea continues to systematically violate these very fundamental rights. Systematic human rights violations stem from the absence of due process and a lack of credible institutions through which affected individuals can take their complaints to be examined and have their rights upheld. Attempts have also been made to silence dissent over the failure to -implement the Constitution. 39. Legislative functions accorded to the National Assembly by the unimplemented Constitution have been assumed entirely by the Government. The Ministry of Justice drafts and publishes laws in collaboration with other relevant ministries and the Office of the President; Eritrea is thus a country ruled by decree. The National Assembly has not convened since 2002. 40. Despite the guarantee regarding the independence of the judiciary stipulated in article 7 of proclamation 37/1993, which provides for the structure, powers and responsibilities of the Government of Eritrea, the court system is weak and prone to 2 3 8 S/2004/616, para. 6. A/HRC/13/2/Add.1, para. 11.