Eritrea's experience in reconciling the formal and traditional institutions in its judicial system

Like many African countries, Eritrea continues to experience the fragmentation of institutions (traditional and modern) and has not escaped the dichotomy. This chapter inquires if there are any traditional institutions that have been explicitly accommodated into or abolished by the Eritrean government and the reasons for such decision. It focuses on the administration of land in Eritrea under the much-debated Proclamation 58/1994, the Land Proclamation. The chapter discusses the status of customary laws and practices under Eritrean national laws. One of the most pivotal laws inherited by the Eritrean government is the Civil Code which, under its famous (infamous) Article 3347, effectively repealed the use of customary laws in civil matters. The chapter finally discusses the experience of the attempt, through the establishment in 2003 of the Community Courts, to incorporate customary dispute resolution mechanisms into the national judicial system.