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The newly elected Eritrean Assembly, the first in Eritrea's history, convened for its first meeting on April 28, 1952. The next day the Assembly elected its chairman and deputy chairman. The alliance of the Unionists and the MLWP, which constituted two-third in the Assembly seat, outmuscled the power of the Muslim League and EDF in the Assembly. Not surprisingly, Tedla

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Lloyd Ellingson, Eritrea: Separatism and Irredentism, 1941-1985. (Michigan: University Microfilms International, 1986) pp. 79-80. According to the judgments of Spencer and Frank Stafford, Ethiopia would not be upset by the demands of MLWP if it secured the rest of the Eritrean territory. See Tekeste, op. cit., p. 85.

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Bairu, the Unionist leader, was elected Chairman and Sheikh Ali Mohamed Musa Radai, leader of the MLWP as deputy Chairman of the Assembly.38

On May 5, 1952 the UN Commissioner presented the draft constitution to the Assembly and in the course of forty meetings, between May 12 and July 10, 1952, the Assembly considered and adopted the constitution of Eritrea.39 Most of the articles of the Constitution were adopted without amendment and in some cases without discussion. However, a few number of controversial issues actually took a large part of the time devoted by the Assembly. One certain issue of debate was the number of Assemblies: the establishment of a single or two assemblies. The matter was later settled in favor of a single chamber.40

The other issues of contestation were the question of official language of Eritrea, its own distinctive flag and the presence and authority of the Emperor's representation in Eritrea. Some of the debates showed parties highly attached to defending ones religious and cultural symbols or identities. Although a few among the Unionists accepted Arabic in a spirit of compromise, the majority among them favored the endorsement of Tigrinya alone as official language of Eritrea. Muslim members vied the recognition of Arabic alongside Tigrinya. A long debate ensued and the matter was settled by adopting both languages only after the members who opposed Ethiopia agreed to accept the presence of the Emperor's representative in Eritrea in return to preserve Arabic. Sheikh Omar Akito, from EDF, said:

We [anti-unionists] decided to leave the Assembly unless they [Unionists] agree to accept Arabic. In our part, we were rejecting the presence of the Emperor's representative in Eritrea. Gradually, the two issues developed in a sort of balancing each other. They began to propose to us 'we can accept Arabic as long as you agree to accept the Emperor's representative.' We discussed the issues and debated on it a lot out of the Assembly sessions. At the end we accepted the Emperor's representative and they accepted Arabic.41 (square bracket added)

The debate on Eritrea having a special flag in the federation, which was strongly opposed by the Unionists, was also agreed when the anti-unionist forces accepted the presence of the Crown representative in Eritrea.42

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RDC/Box 1/Acc. No. 14001/EA/ADM/ Eritrean Assembly Minute No. 3, Tuesday April 29, 1952. 39

RDC/Box 1/Acc. No. 14002/EA/ADM/ Eritrean Assembly Minutes "Eritrean Assembly First Legislature" 40

Final Report of the United Nations Commissioner…, op. cit., p. 38. 41

Alemseged Tesfai, op. cit., p. 176. 42

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The UN Commissioner Presenting the Draft Constitution to the Representative Assembly (Asmara, May 1952)

Source: Research and Documentation Center Archives

Assembly members who opposed union with Ethiopia understood the constitution literally as a federal document where powers of the representative of the Ethiopian government were subject to routine control. The members, at least those representing the Muslim League and EDF, were led to believe, by the UN commissioner, that the representative of the Imperial Federal Government would limit his activities to those specified in article three of the Federal Act.43 However, the most significant aspect of the involvement of this representative in Eritrean affairs was that he was granted the right of veto of any legislation which he considered as encroaching upon federal jurisdiction, or as involving the international responsibility of the federation.

The final text of the Constitution, with ninety-nine articles, was adopted by the Eritrean Constituent Assembly on July 10, 1952. The Commissioner praised the spirit of compromise and understanding shown by Eritreans during their consideration of the Constitution. He declared the

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Constitution was an act of faith, and "its strength lies in the strength of the people's desire to respect it."44 Surprisingly, during this time a glimpse of belief in Eritrea's self-rule was noticed among the Unionists who had more attachment with Ethiopia. Upon the ratification of the Constitution Chairman of the Assembly, Tedla Bairu said:

Through the members of the Assembly, the Eritrean people had shown their good qualities and had proved their capacity for self-government. Many people who did not know Eritrea had expressed the opinion that the Eritreans were not ready for self-government because they were insufficiently educated, and would not be able to agree among themselves. However, the Assembly had proved the capacity of Eritreans for self-government. Eritreans were very anxious to educate themselves and set an example for others.45

Having approved its constitution the Assembly commenced its official work on July 14, 1952. A point here worth mentioning is that the Assembly undermined its legitimacy when on July 9, 1952 its members voted to extend the terms of the constitutional Assembly for a period of another four years.46 This made the institution unconstitutional. According to Proclamation No. 121, once the Assembly ratified the Eritrean constitution new elections should be held in accordance to the clauses of the Eritrean Constitution, which the Assembly had approved. The Assembly’s task was to consider and approve the constitution in accordance with the directives of the UN federal resolution. Its mandate was terminated there and then and fresh elections should be held for the establishment of a new legislative assembly. Hence, the Assembly undermined its own constitution when its members voted to sit for another four years' term. This shows that it was not a good start for the Assembly.

Soon after the adoption of the Constitution, the Eritrean Government, where power was shared between several of the political groups, was formed between July and September 1952. The Unionists commanded a majority in the Assembly by striking a deal with the MLWP. The impact of this was seen, as was the case when the Assembly convened to consider the draft constitution, on August 28, 1952 when the Assembly elected Tedla Bairu to be the Chief Executive of the Eritrean Government and his resignation from the post of chairman of the Assembly on

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RDC/Box /Acc. No. 01804/"Statement by the United Nations Commissioner in Eritrea to the Representative Assembly of Eritrea on the Occasion of the Adoption of the Constitution."

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RDC/Box 1/Acc. No. 14001/EA/ADM/Eritrean Assembly Minute No. 47, Thursday July 10, 1952, Appendix B "Speech by the Chairman of the Assembly on the Occasion of the Adoption of the Constitution."

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Article 99 of the Eritrean Constitution reads "The Assembly responsible for adopting the constitution shall exercise the power of the Assembly as provided in the constitution for a period of four years after the constitution enters into force."

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September 8, 1952 paved the way to Sheikh Ali Mohamed Musa Radai, who was elected chairman of the Assembly. The post of vice chairman of the Assembly also went to another Unionist Blatta Demsas Weldemikael.47

The Constitution was approved by the UN Commissioner on August 6, 1952 and ratified by the Emperor on August 11. It could not enter into force, however, until the ratification of the Federal Act by the Emperor. On September 11, 1952, the Emperor ratified the Federal Act and proclaimed the emergence of the Federation.48 Four days later the British Administration came to a formal end by handing over power to the Ethiopian authorities and the new Eritrean Government. The Eritrean government, with three branches, was created. The Chief Executive with his cabinet of six heads of departments constituted the Executive branch. The Eritrean Assembly took over the legislative function and the Judiciary was entrusted to the Supreme Court.49 This marked the formal onset of the Federation.

Emperor Haile Selassie Crossing the Mereb River to Enter Eritrea (October 1952)

Source: Research and Documentation Center Archives

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RDC/Box 1/Acc. No. 14001/EA/ADM/Eritrean Assembly Minute No. 53, 60 and 62. Thursday July 10, 1952, 48

Final Report of the United Nations Commissioner…, op. cit., p. iii. 49

The six departments were: Department of Social Affairs, Department of State Property, Department of Interior, Department of Finance, Department of Economic Affairs and Department of Law and Justice. Until 1959 the office of the Chief Justice was run by the Briton Sir James Shearer.

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The concluding words of Matienzo carry a palpable sense of optimism and at the same time worries on the life of the Federation. Having said the necessary foundations for the Eritrean- Ethiopian Federation were already laid, he noted:

So far as any document can, it [the Constitution] gives Eritrea a fair and promising start in its existence as an autonomous unit within the Federation. Much more than a mere document will be required, however, to ensure life and continuity for the institutions thus created. The Federation and Eritrea will have to learn to live side by side, each respecting the proper sphere of activity and jurisdiction of the other. As the first Panel of Legal Consultants pointed out, "the regime prescribed in the General assembly's resolution…can only operate satisfactorily if Ethiopia accepts it freely and without any unexpressed reservation, and intends to apply it in good faith". My conversation with His Majesty the Emperor of Ethiopia have convinced me that such good faith exists.50

Leaving the life of the Federation and the existence of the autonomous unit of Eritrea to the 'good faith' of the Emperor's government, Matienzo concluded his UN assignment to Eritrea. Did that 'good faith' which convinced the UN Commissioner exist in the Emperor's government? The next chapter in some way shall deal with it.

Conclusion

The implementation of the UN federal decision encountered some tough challenges from its inception. This was mainly because the Ethiopian government's position aimed at giving Eritrea as little space as it could in the new arrangement. Ethiopia's interpretation of the UN resolution was different from the view of the UN Commissioner and Eritrean political groups with the exception of the Unionist Party. The key problem to the UN resolution was exhibited during the drafting of the Eritrean constitution when the government of Ethiopia insisted on having a Crown representative in the Eritrean government. The reluctance of Ethiopia and in some way the Unionist party to accept the idea of Eritrea having its own official languages and distinctive flag were the other dividing lines.

To the credit of the UN Commissioner's and some of the Eritrean political groups, the Eritrean constitution did materialize and this assisted the country to erect its government on democratic principles. The elections to the Eritrean Assembly, its consideration and adoption of the draft constitution thereby leading to the establishment of an Eritrean government were its initial fruits.

50_{Final Report of the United Nations Commissioner…, op. cit.} , p. 73.