29/42 Report of the commission of inquiry on human rights in Eritrea

GE.15-11450 (E)



Human Rights Council Twenty-ninth session

Agenda item 4

Human rights situations that require the Council’s attention

Report of the commission of inquiry on human rights in Eritrea* ** ***

Summary

The commission of inquiry undertook its investigation in accordance with Human

Rights Council resolution 26/24.

Although the commission was unable to visit Eritrea, it obtained first-hand

testimony by conducting 550 confidential interviews with witnesses residing in third

countries. It also received 160 written submissions.

On the basis of this body of evidence, the commission found that systematic,

widespread and gross human rights violations have been and are being committed in Eritrea

under the authority of the Government. Some of these violations may constitute crimes

against humanity.

In the present report, the commission shows how the initial promises of democracy

and rule of law, incarnated in the never-implemented Constitution of 1997, were

progressively suppressed and then extinguished by the Government. It details how the

Government has created and sustained repressive systems to control, silence and isolate

individuals in the country, depriving them of their fundamental freedoms. Information

collected on people’s activities, their supposed intentions and even conjectured thoughts are

used to rule through fear in a country where individuals are routinely arbitrarily arrested

and detained, tortured, disappeared or extrajudicially executed. The commission also

describes how, on the pretext of defending the integrity of the State and ensuring its self-

sufficiency, Eritreans are subject to systems of national service and forced labour that

effectively abuse, exploit and enslave them for indefinite periods of time.

* The annexes to the present report are circulated as received, in the language of submission only.

** For detailed findings of the commission of inquiry, see document A/HRC/29/CRP.1.

*** Late submission

Contents

Paragraphs Page

I. Introduction ............................................................................................................. 1 – 3 3

II. Mandate and methodology ...................................................................................... 4 – 22 3

A. Non-cooperation by Eritrea ............................................................................ 9 – 11 3

B. Methods of work ............................................................................................. 12 – 19 4

C. Legal framework and standard of proof for reported violations ..................... 20 – 21 4

D. Archiving and record-keeping of testimony ................................................... 22 5

III. Principal findings of the commission ...................................................................... 23 – 65 5

A. Controlled, silenced and isolated .................................................................... 27 – 37 6

B. Rule by fear .................................................................................................... 38 – 56 8

C. Abused, exploited and enslaved ...................................................................... 57 – 65 12

IV. Conclusions and recommendations ......................................................................... 66 – 102 14

A. Conclusions .................................................................................................... 66 – 83 14

B. Recommendations .......................................................................................... 84 – 102 17

Annexes

I. Letter addressed to the President of Eritrea by the commission of inquiry ............. 24

II. List of detention facilities identified by the commission of inquiry ........................ 26

I. Introduction

1. In its resolution 26/24, the Human Rights Council established the commission of

inquiry on human rights in Eritrea for a period of one year with the mandate to investigate

all alleged violations of human rights in Eritrea, as outlined by the Special Rapporteur on

the situation of human rights in Eritrea in her reports (A/HRC/23/53 and A/HRC/26/45).

2. On 26 September 2014, the President of the Human Rights Council appointed Mike

Smith as chairperson of the commission, and Victor Dankwa and the Special Rapporteur on

the situation of human rights in Eritrea, Sheila B. Keetharuth, as its members.

3. The present report is submitted pursuant to Council resolution 26/24, in which the

Council requested the commission to present a written report to the Council at its twenty-

ninth session. In accordance with the decision of the Council, all reports of the commission,

including document A/HRC/29/CRP.1, will be transmitted to all relevant bodies of the

United Nations and to the Secretary-General for appropriate action.

II. Mandate and methodology

4. In compliance with resolution 26/24, the commission of inquiry investigated the

human rights violations described by the Special Rapporteur in her reports, including

extrajudicial killings, enforced disappearances and incommunicado detention, arbitrary

arrest and detention, torture, violations committed during compulsory national service,

including those affecting children’s rights, and restrictions to the freedoms of expression

and opinion, assembly, association, religious belief and movement.

5. The commission paid specific attention to gender-based violations, particularly

violence against women, and the impact of violations on particular groups, including

women and children.

6. Human Rights Council resolution 26/24 does not limit the temporal scope of the

inquiry. As part of the definition of its methods of work, the commission decided to focus

the temporal scope of the investigation from the independence of Eritrea until present day.

7. With regard to its geographic scope, the commission conducted its investigation on

violations allegedly committed on the territory of Eritrea.

8. While other commissions of inquiry established by the Human Rights Council were

specifically requested to investigate human rights violations and related crimes in a specific

country or territory, the present commission was mandated only to investigate violations of

human rights; it therefore interpreted its mandate as not including the investigation of

international crimes. Nevertheless, the commission was not of the view that this prevented

it, on the basis of the body of information collected by the end of its investigation, from

reaching a conclusion on the possibility that such crimes may have been committed and

from recommending further investigations.

A. Non-cooperation by Eritrea

9. In Human Rights Council resolution 26/25, the Council called upon the Government of Eritrea to cooperate fully with the commission, to permit unrestricted access to visit and

to provide the information necessary for the fulfilment of the mandate.

10. The Government did not respond to the commission’s repeated calls for access and

for information related to the human rights situation. During the commission’s oral update

to the Council at its twenty-eighth session, the Government stated that “country-specific

resolutions and mandates are in breach of the United Nations principles of impartiality,

objectivity and non-selectivity” and rejected the oral report.

11. The commission shared its detailed findings with the Government of Eritrea (see

annex I).

B. Methods of work

12. Without access to Eritrea, the commission obtained first-hand testimony by

conducting confidential interviews with witnesses residing in third countries.

13. Within the limits of time, budget and programme of work, the commission selected

countries to visit on the basis of acceptance received, size of the Eritrean population hosted,

and their average dates of departure from Eritrea (the latter to ensure that the entire period

under investigation was covered). The commission conducted visits to Djibouti, Ethiopia,

Germany, Italy, Sweden, Switzerland, the United Kingdom of Great Britain and Northern

Ireland and the United States of America.

14. The commission and its secretariat conducted confidential interviews with more than

550 witnesses, 100 of whom were women. In accordance with best practices, it paid special

attention to gender issues and the gendered impact of violations. Nevertheless, it faced

significant difficulties in the investigation and documentation of human rights violations

suffered by women. The commission therefore takes the view that its inquiry may have

only partially captured the extent of sexual violence and violence against women.

15. In November 2014, the commission made a call for written submissions to relevant

individuals, groups and organizations. By the deadline, 160 submissions had been received.

16. The commission engaged with a number of United Nations entities and other

humanitarian actors. It regrets that a number of these entities and actors felt they were not

in a position to provide relevant information. The commission expresses its gratitude to the

Office of the United Nations High Commissioner for Human Rights (OHCHR) for its

support. The commission also benefited from the invaluable support of a number of non-

governmental organizations.

17. Aside from its inability to enter Eritrea, the most significant investigative challenge

the commission faced was fear of reprisal among witnesses. Many potential witnesses

residing outside Eritrea were afraid to testify, even on a confidential basis, because they

assumed they were still being clandestinely monitored by the authorities and therefore

feared for their safety and for family members back in Eritrea.

18. As a consequence, the commission paid particular attention to the protection of

witnesses. It recalls that primary responsibility for protecting all persons cooperating with

the commission rests with their States of residence and nationality. The commission

therefore urges Member States to provide additional protection measures where necessary.

19. Another challenge faced by the commission in the completion of its work was the

absence of reliable data, including statistical information, in such areas as demographics,

development, the economy and the legal system. Whenever evidence-based conclusions

could not be drawn from available data, the commission indicated it.

C. Legal framework and standard of proof for reported violations

20. The commission assessed the human rights situation on the basis of the international

legal obligations voluntarily subscribed to by Eritrea. Eritrea is a State party to the

following universal and regional human rights treaties (year of ratification is given in

parentheses):

 Convention on the Rights of the Child (1994) and the Optional Protocols thereto on the involvement of children in armed conflict and on the sale of

children, child prostitution and child pornography (2005)

 Convention on the Elimination of All Forms of Discrimination against Women (1995)

 African Charter on Human and Peoples’ Rights (1999)

 African Charter on the Rights and Welfare of the Child (2000)

 International Convention on the Elimination of Racial Discrimination (2001)

 International Covenant on Economic, Social and Cultural Rights (2001)

 International Covenant on Civil and Political Rights (2002)

 Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (2014)

21. The commission based its findings on a “reasonable grounds to believe” standard of

proof. This standard is met when in assessing all the information gathered – including open

sources – it can be concluded that it is reasonable to believe that the incident or event

occurred as reported.

D. Archiving and record-keeping of testimony

22. In accordance with established United Nations procedures, all information collected

by the commission is stored in the official United Nations archive system and all interviews

are classified as strictly confidential. Information will not be shared with any State, entity

or individual without the explicit and informed consent of each witness concerned. This

includes sharing with other sections of OHCHR, United Nations human rights mechanisms,

any international judicial mechanisms, any judicial mechanisms of other States, and any

government authorities, in particular the Government of Eritrea.

III. Principal findings of the commission

23. The commission finds that systematic, widespread and gross human rights violations

have been and are being committed in Eritrea under the authority of the Government.

Patterns of systematic human rights violations have been identified, taking into account

several factors. They include the high frequency of occurrence of the human rights

violations documented and corroborated during the investigation, the number of victims

and the replication of the violation during a certain period of time; the type of rights

violated; and the systemic nature of these violations, meaning that they cannot be the result

of random or isolated acts of the authorities. The main perpetrators of these violations are

the Eritrean Defence Forces, in particular the Eritrean Army; the National Security Office;

the Eritrean Police Forces; the Ministry of Information; the Ministry of Justice; the Ministry

of Defence; the People’s Front for Democracy and Justice (PFDJ); the Office of the

President; and the President.

24. The struggle for the independence of Eritrea is recorded in history as a major feat of

a people’s fight for self-determination. The commission finds that the current situation of

human rights in Eritrea is the tragic product of an initial desire to protect and ensure the

survival of the young State that very quickly degenerated into the use of totalitarian

practices aimed at perpetuating the power of the Eritrean People’s Liberation Front and its

successor, the People’s Front for Democracy and Justice.

25. In the present report, the commission shows how the initial promises of democracy

and rule of law, incarnated in the never-implemented Constitution of 1997, were

progressively suppressed then extinguished by the Government on the pretext of threats to

its existence. It details how the Government has created and sustained repressive systems to

control, silence and isolate individuals in the country, depriving them of their fundamental

freedoms. It shows how information collected on people’s activities, their supposed

intentions and even conjectured thoughts is used to rule through fear in a country where

individuals are routinely arbitrarily arrested and detained, tortured, disappeared or extra-

judicially executed. The commission also describes how, under the pretext of defending the

integrity of the State and ensuring its self-sufficiency, Eritreans are subject to systems of

national service and forced labour that effectively abuse, exploit and enslave them for

indefinite periods of time.

26. Faced with a seemingly hopeless situation they feel powerless to change, hundreds

of thousands of Eritreans are fleeing their country. In desperation, they resort to deadly

escape routes through deserts and neighbouring war-torn countries and across dangerous

seas in search of safety. They risk capture, torture and death at the hands of ruthless human

traffickers. To ascribe their decision to leave solely to economic reasons is to ignore the

dire situation of human rights in Eritrea and the very real suffering of its people. Eritreans

are fleeing severe human rights violations in their country and are in need of international

protection.

A. Controlled, silenced and isolated

1. Surveillance of the population in violation of the right to privacy

27. Through its extensive spying and surveillance system targeting individuals within the country and in the diaspora, the Government engages in the systematic violation of the

right to privacy. It employs all means, including harassment, intimidation and the abusive

use of a coupon system originally created to allow access to subsidized goods in

government shops, to collect information about Eritreans. Pervasive spying and

surveillance in Eritrea go beyond the needs of national security or crime prevention and are

arbitrary.

28. As a result of this mass surveillance, Eritreans live in constant fear that their conduct

is or may be monitored by security agents, and that information gathered may be used

against them leading to arbitrary arrest, detention, torture, disappearance or death. They

therefore engage in self-censorship with regard to most aspects of their lives. They do so

because it is impossible for an individual to know what activities may be considered

“deviant” and sanctionable at a specific moment in time and what the consequences for

such activities might then be. The existence of such a pervasive control system generates a

general climate of fear and mistrust in communities and even within families. In the words

of one witness, “When I am in Eritrea, I feel that I cannot even think because I am afraid

that people can read my thoughts and I am scared.” The end result is a severe curtailment of

the exercise of all other rights and freedoms.

2. Freedom of movement

29. The Government strives to control strictly any human movement both internally and

for those who wish to leave the country, in particular to ensure that individuals fulfil their

national service obligations. To do so, it has established an intricate system of travel

permits and identity cards, which must be produced during identity checks to verify an

individual’s status with regard to compulsory national service and that person’s

authorization to travel. The Government controls who may leave Eritrea legally through the

arbitrary issuance of an exit visa. To prevent those who wish to avoid national service from

leaving the country unlawfully, the Government also restricts movements towards border

areas and severely punishes anyone found trying to cross the frontier. With a few

exceptions, those who have been forced to return to the country have been arrested,

detained and subjected to ill-treatment and torture. Eritreans voluntarily returning to their

country may face arbitrary arrest, in particular if they are perceived as having associated

with opposition movements abroad. Eritreans abroad can obtain a passport only upon

payment of a mandatory “rehabilitation tax” amounting to 2 per cent of their earnings, a

disproportionate price for a travel document. Those who left unlawfully also have to sign a

regret form.

30. The restrictions on movement are not proportionate and strictly necessary in the

interests of national defence. They constitute a violation of the right to freedom of

movement, including the right to leave and freely return to one’s country. All persons

suspected of intending to cross the border unlawfully are treated in a manner that often

amounts to torture or cruel, inhumane or degrading punishment, outside of any judicial

proceedings.

3. Freedom of opinion and expression

31. In its determination to safeguard its own continued existence, the Government has

proceeded to establish a system by which individuals in society are silenced and isolated

through the organized repression of the freedoms of opinion, expression, assembly,

association and religion. The commission recalls that merely invoking general grounds such

as national security or public safety, public order, the protection of public health or morals

or the protection of the rights and freedoms of others cannot be regarded as legitimate to

justify the restriction of public freedoms.

32. In the area of freedom of expression, the Government systematically silences anyone

who is perceived as protesting against, questioning or expressing criticism of the

Government and its policies, even when such statements are genuine and legitimate in the

context of a democratic public debate. The most visible sign of such repression was the

purge in 2001 of the G-15 reform group and of its supposed supporters, who were in their

majority either killed or disappeared. Following that crackdown, the silencing of the

population went a step further as Eritreans started being punished for just about any

expression of opinion: claiming the enjoyment of fundamental rights and legitimate

benefits; enquiring about the fate of persons perceived as critics by the Government;

discussing governmental policies; or asking any type of question. The Government

consistently labels perceived critics as traitors. Those found guilty of such a “crime” are

severely punished.

33. Freedom of the press is another casualty of the Government’s effort to control

society. In 2001, the Government suppressed the emerging free press by closing down

independent newspapers and silencing journalists through detention and torture, several of

whom disappeared. Since then, only pro-Government information is easily accessible in the

country. The Government, principally through its Ministry of Information, holds tight

control over the content of information, the journalists who produce it, the matters they may

cover and what they may say about them. It severely punishes any perceived divergence

from the official line. The restrictions imposed on the press, the exercise of journalism as a

profession and the access to information and means of communication are neither

proportionate nor necessary for the interests of national security, public order or even

national unity, and constitute a violation of the right to seek, receive and impart information

that is included in the right to freedom of expression.

34. The freedom of assembly and association is also targeted. The few attempts to

exercise the right to peacefully demonstrate have been crushed by the Government, which

arrested, detained and sometimes executed demonstrators extrajudicially. Moreover, since

the prohibition of political parties and independent trade unions, short of joining the ruling

party, individuals have no avenue for participating in the conduct of public affairs, nor any

means to protect or improve their working conditions. The restrictions imposed by law on

the establishment of and the activities that may be undertaken by national or international

non-governmental organizations are so limiting that it is impossible for them to operate in

the country, leaving only government-organized associations able to operate. The

commission’s findings on the exercise of the right to freedom of assembly and association

point to a lack of mechanisms for channelling grievances, the absence of representation of

interest groups in the administration of the country, lack of consultation on decisions

affecting the population, absence of opportunities for open and genuine dialogue, and the

punishment of peaceful assembly and expression of demands.

4. Freedom of religion and belief

35. The Government perceives religion as a threat to its existence and has set about

controlling it and its expressions. Only four religious denominations are authorized in

Eritrea: Eritrean Orthodox, Catholicism, the Lutheran church and Sunni Islam. In spite of

the legal processes established in 2002 to apply for recognition, to date no other

denominations have been formally allowed to exist. All religious communities and their

members are nevertheless to varying degrees targeted by restrictions and attacks by the

Government. Interference in religious structures and affairs is rampant. The religious

gatherings of non-authorized denominations are prohibited. Religious materials are

confiscated. Adherents are arbitrarily arrested, ill-treated or subjected to torture during their

detention, and prisoners are coerced to recant their faith. Many religious followers have

been killed or have disappeared.

36. In the implementation of discriminatory treatment on the basis of belief, Jehovah’s

Witnesses have been arbitrarily deprived of their citizenship. Apart from making it

impossible for them to participate in public affairs, the loss of citizenship entails

curtailment of the enjoyment of other fundamental rights, including the right to work when

their business licences are arbitrarily revoked, and the right to be recognized as a person

before the law when their national identity documents are confiscated.

37. The limitations imposed on the activities of churches and religious institutions by

law and through unwritten policies and indirectly restricting the right to manifest one’s

religion or belief are not compatible with international human rights law. The restrictions

have affected the right of adherents to practice and manifest their religion, to conduct

legitimate religious activities such as preaching, and the functioning of religious institutions

in a manner that is not proportionate and necessary for the protection of public safety or

order. Moreover, the commission considers that the rights of adherents to liberty and fair

trial and not to be tortured or subjected to degrading treatment or punishment are regularly

violated.

B. Rule by fear

1. Administration of justice

38. The non-implementation of the Constitution of 1997, including the provisions

relating to individual rights, has had a profound impact on the rule of law in Eritrea. Indeed,

with no parliament meeting and the court system controlled by the executive, it could even

be affirmed that there is no rule of law in Eritrea. Information gathered through the

pervasive control system is used in absolute arbitrariness to keep the population in a state of

permanent anxiety. It is not law that rules Eritreans, but fear.

39. Violations of the right to fair trial and due process of law are particularly blatant.

Criminal proceedings disregard the most basic, universally recognized principles in the

administration of justice. It seems that investigators, security officers and military leaders

also act as de facto magistrates; however, given that their decisions are not public ,there is

scarce information about them. Therefore, the extent of the violations committed can only

be partially assessed. Most decisions are rendered on the sole basis of investigation reports

that often include statements obtained under torture. Judgements are rarely made public or

even communicated to accused persons, who are not always aware they have been tried and

have no knowledge of how long they will be imprisoned. This makes it impossible for

persons sentenced to have their sentences reviewed by a higher court.

40. The commission concludes that the judicial system, both civil and military, is not

independent and the Government frequently interferes in the administration of justice. The

judiciary is not in a position to protect the fundamental rights of Eritrean citizens, in

particular when they are violated by public officials. Some judges are conscripts whose

“careers” depend on the Ministry of Defence at a salary of less than $2 a day, a clear

violation of the principle of judicial independence and of their security of tenure. Similarly,

the lack of independence of the judiciary and prosecution contributes to the widespread

impunity enjoyed by public officials in Eritrea, including in cases of gross abuse of human

rights.

2. Arbitrary arrest

41. The use of information collected by the Government through spying networks leads

in the first place to arbitrary arrest and detention. The great majority of those who provided

their testimony had been arrested, many a number of times. Arrests are often unjust,

unpredictable, unreasonable and disproportionate. In most cases, people are arrested and

detained for reasons that are arbitrary to such an extent that no one can possibly identify the

law that might have been broken. Since formal charges are not laid, individuals are left to

guess the reason for their arrest and detention, based on the line of interrogation or their

conduct before arrest. The main reasons for arrest that the commission was able to

reconstruct related to asking questions; suspected collaboration with the enemy, including

working for foreign entities in Eritrea; presumed or actual attempt to flee the country or

desert national service; and for the conduct of a family member. Specific categories of

people have also been targeted, particularly political opponents, journalists and members of

religious groups.

42. Arrests and detention are ordered and conducted by any person with de facto

authority, including local administrators, in breach of requirements that officials authorized

to make arrests should be clearly identified. Most people are arrested by armed military or

national security officers, in either uniform or civilian clothes. The arresting officers

sometimes present their identity cards but rarely inform persons under arrest of the place

where they will take them. In most cases, individuals arrested at home or on the streets are

deceived by arresting officers, who tell them that they are only needed at the police station

for a short time and will then be able to return home. People often ultimately find

themselves in an unofficial place of detention. The principle of habeas corpus is rarely

respected. As a result, the lawfulness of the deprivation of liberty is not reviewed and

detainees are released at the whim of the arresting or detaining officer. Detention in Eritrea

cannot possibly be referred to as pretrial, given that individuals are rarely tried. The

Government systematically uses arbitrary arrests and detention in violation of the right to

liberty of the person.

3. Enforced disappearance

43. Since 1991, scores of people have been subjected to enforced disappearance, for

known and unknown reasons. Information is hardly ever officially provided on the

whereabouts of and charges against those detained. Detainees are usually not brought

before a court, and are thus placed outside the protection of the law. When relatives enquire

after detainees, they are informed by prison authorities that they have no information on the

person arrested and warn them to cease their enquires or risk facing a similar fate. In certain

cases, relatives may subsequently receive unofficial information from inmates who have

been released or from bribed guards; in most cases, however, they are still prevented from

visiting their detained relatives. The commission finds that most of the countless people

arrested in Eritrea are indeed victims of enforced disappearance, which is a widespread and

systematically employed practice.

44. While the exact number of people subjected to enforced disappearance remains

unknown, the commission finds that specific targets of the Government include political

dissidents, in particular former freedom fighters belonging to the Eritrean Liberation Front,

journalists, religious leaders and adherents (in particular Muslim scholars and

businessmen), and leaders and members of the Afar ethnic group. The commission

considers that all those who have been victims of enforced disappearance suffered a

violation of their right to life, their right not to be subjected to torture, cruel, inhuman or

degrading treatment, their right to be treated with humanity and with respect for dignity in

the context of detention, their right to be recognized as a person before the law, and their

right to liberty. In addition, in the light of the anxiety and suffering that enforced

disappearances cause families for extended periods, the commission finds that the right of

family members not to be subject to torture, cruel, inhuman or degrading treatment is also

violated.

4. Arbitrary deprivation of life

45. Since independence, extrajudicial executions and arbitrary killings have been widely

perpetrated. Before 1998, punishment in the form of summary executions or extrajudicial

killings was meted out against war veterans with disabilities and political opponents, and

particularly targeted Muslims scholars. Eritrean soldiers accused of cowardice or desertion

during the 1998-2000 war with Ethiopia were systematically executed. This also includes

Eritreans and Ethiopians suspected of being “collaborators of the enemy” after the war, in

particular Kunamas accused of having supported the Government of Ethiopia. Thereafter,

extrajudicial executions have been carried out by the Eritrean authorities, publicly or

secretly, to punish perceived critics, as well as suspected smugglers and ordinary citizens

for arbitrary reasons. Mass killings have also been perpetrated against ethnic groups.

46. Eritreans who attempt to leave the country are seen as traitors. For a considerable

period of time, the Government has implemented a shoot-to-kill policy in border areas to

prevent people from fleeing. The policy has largely been implemented by the military,

particularly the border surveillance division. Numerous testimonies indicated that the

policy, which was publicly announced in 2004, might have been revised in later years.

Nevertheless, since people were still being shot at while trying to cross the border as late as

2014, the commission is not in a position to conclude that the policy has been officially

abolished. The commission recalls that the right to leave one’s country is a fundamental

freedom recognized under international human rights law. The use of lethal force to prevent

individuals from leaving Eritrea, even if illegally, is a violation of the right to life.

47. Some of the killings and executions reported might have resulted from personal

initiatives or excessive use of force by officials. By not investigating, prosecuting and

punishing the authors of such killings, the Government breaches its due diligence

obligation; as a result, these killings are imputable to it. The commission is concerned that

the general climate of impunity thus created is conducive to the continued practice of

arbitrary and extrajudicial killings in Eritrea.

5. Detention

48. The detention of persons, which begins arbitrarily at the time of arrest and continues

unlawfully for long periods of time, is not subject to judicial review. The detention network

in Eritrea is vast (see annex II), with many secret and unofficial facilities. Detainees are

kept in a variety of facilities, including makeshift and open air camps, converted old

buildings, metal containers (some of which buried underground), and in caves and holes.

The practice of incommunicado detention is widespread. Persons detained on religious or

political grounds are systematically kept incommunicado for periods that can last several

years.

49. Conditions of detention are extremely harsh. When not held in solitary confinement

or being used for labour (both common practices), inmates are locked night and day in

extremely overcrowded cells characterized by unspeakable hygienic conditions. Proper

toilets are not available in cells, and detainees are sometimes forced to sleep in human

waste overflowing from the insufficient containers provided for this purpose. Access to

fresh air and natural light is limited to bare minimum, often on purpose. Food rations are

minimal and of poor nutritional quality, leading to hunger and starvation. Drinking water is

frequently unclean and limited in quantity, despite the high temperatures experienced in

many detention locations. In addition, the absence of health facilities and the lack or

deliberate denial of medical care and medicines, coupled with the arbitrary imposition of

punishment, exposes detainees to illnesses, epidemics and death. The harsh conditions of

detention push some detainees to suicide.

50. The harshest conditions and the strictest regimes of detention are deliberately

employed in a number of situations, including to punish those suspected of being a threat to

national security, traitors or suspects of “cross-border crimes,” or during the investigative

phase of detention, with the intent to obtain self-incrimination, to extract a confession or

information or to force religious believers to recant their faith. Conditions of detention are

often particularly inhumane at the beginning of the period of detention and improve slightly

but incrementally up until release.

51. An unknown number of foreign combatants are detained in Eritrea, including at least

five Djiboutian soldiers, on whom no information has been received since 2011.

52. Women are generally kept separated from men, but are rarely under the

responsibility or attention of women officers. The lack of female officers responsible for

and attending to female detainees puts them at increased risk of sexual and gender-based

violence, and causes them unnecessary humiliation. The commission documented instances

where children were detained together with adults in the same inhumane conditions and

without attention to their specific needs. As with others, children are often held

incommunicado.

53. With regard to detention, the Government is in violation of the rights to life; to

liberty and security; not to be subject to torture, cruel, inhumane or degrading treatment; to

be treated with humanity and the inherent dignity of the human person; and to a reasonable

standard of health. Incommunicado detention and solitary confinement, during which

detainees are also denied contact with other detainees and even prison guards for prolonged

periods of time, amounts to torture. Authorities are accountable for the violation of the right

to life of detainees who are under their responsibility and who die in custody, including in

cases of suicide. The commission finds that, in all these cases, the Government does not

abide by its positive obligation to protect the life of persons in custody and its obligation of

due diligence to investigate deaths.

6. Torture

54. Eritrean officials use a variety of forms of ill-treatment during interrogations and to

punish detainees and conscripts. The common element of these forms of ill-treatment, such

as extreme forms of restraint, beatings or rape, is that they are intended to inflict severe

physical and psychological pain. The purpose of these acts is to extract confessions and

information, and to punish, intimidate and coerce detainees and conscripts. Many of them

also cause long-lasting psychological and physical damage to the victims or result in the

death of the person. The commission finds that this ill-treatment constitutes torture, which

may be described as widespread in Eritrea.

55. Torture is either directly ordered by officials or inflicted with their consent and

acquiescence. The recurrence, coherence and similarities of the many torture incidents

documented are a clear indication of the existence of a deliberate policy to inflict torture in

a routine manner during investigations and interrogations, as well as during national

service. Perpetrators of torture enjoy general impunity. The commission concludes that the

Government is accountable for the widespread torture inflicted on Eritreans throughout the

country.

7. Right to property

56. The State’s post-independence land reforms, a significant departure from previous

customary law, were implemented to varying degrees across the country. The

Government’s exclusive ownership of land and of natural resources has been used as a

means by authorities to harass and punish perceived enemies, in particular members of

unauthorized religions, opponents and relatives of people who fled the country, and to

unlawfully reward associates or supporters. Although the land reform laws appear gender-

neutral, the commission finds the system to be indirectly discriminatory to women. Women

and girls are disproportionally affected by the citizenship requirement linked to completion

of national service to have access to land, given that many do not undertake or complete it

due to marriage and motherhood. Land reform also has a disproportionate impact on

pastoralists, such as the Afar and Kunama minorities. The manner adopted by the

authorities to resettle members of these communities may be construed as an intentional act

to dispossess them of their ancestral lands, their livelihoods and their culture.

C. Abused, exploited and enslaved

1. National service

57. In 1995, the Government issued a Proclamation on national service complementing

previous laws and calling for the conscription of all 18-year-old Eritreans. In 2002, it

launched the Warsai Yikealo Development Campaign, requiring boys and girls to

commence military training for a period of six months when they reach twelfth grade, if in

school, or by the time they are 18 years old. Conscripts who pass the final exam at the

Warsai Yikealo secondary school are allowed to continue their education while remaining

formally in national service; others are required to serve in either the military or the civil

service for at least 12 months. In reality, children are often forcibly recruited and conscripts

end up serving for an indefinite period of time. The commission interviewed individuals

who were still in the army when they finally decided to flee after 17 years of service.

58. Conditions and treatment during military training and service are harsh. They

include lack of adequate food, water, hygienic facilities, accommodation and medical

services that may result in death, severe disabilities or psychological and physiological

long-term effects. Conscripts are routinely deprived of their rights to freedom of

expression, movement and religion. They are systematically subjected to intentional

punishment and ill-treatment aimed at inflicting severe pain. In many cases, this constitutes

torture.

59. Sexual violence against women and girls is widespread and indeed notorious in

military training camps. Furthermore, the enforced domestic service of women and girls

who are also sexually abused in these camps amounts to sexual slavery. The commission

considers that these violations of the rights of women and girls also amount to torture. They

are also committed to a lesser extent within the military and are a further example of the

Government’s failure to fulfil its due diligence obligations to protect, prevent, punish and

remedy acts of violence against women.

60. Being exempted from national service is very difficult, particularly for men. No

form of conscientious objection is allowed, and even persons with disabilities are

conscripted for active military training and service instead of civil service. Authorities

regularly conduct mass round-ups (giffas) to seize draft evaders and deserters in an

indiscriminate manner. This often involves excessive use of force, occasionally leading to

death, and the forced entrance into and search of private homes. Leaving national service is

equally challenging, and often is only possible when the individual deserts and flees the

country. Indeed, the indefinite duration of national service, its terrible conditions –

including arbitrary detention, torture, sexual torture, forced labour, absence of leave and the

ludicrous pay – and the implications it has for the possibility of any individual to found a

family, conduct a family life and have favourable conditions of work make national service

an institution where slavery-like practices are routine.

61. The conscription of citizens into national service is a prerogative of sovereign States,

which can require that individuals contribute to the national defence of the State for a

certain period of time. This should not, however, result in the complete denial of the

individual’s freedoms and rights. National service in Eritrea is based on conditions and

measures that are not proportionate, reasonable or necessary in the interest of national

defence. National service as implemented by the Eritrean authorities involves the

systematic violation of an array of human rights on a scope and scale seldom witnessed

elsewhere in the world. In particular, the commission finds that national service violates the

rights of Eritreans to life; to liberty and security; not to be tortured or subject to cruel,

inhumane or degrading treatment; to be treated with humanity and inherent dignity of the

human person while deprived of liberty; to be recognized everywhere as a person before the

law; to enjoy freedom of thought, conscience, religion, expression and movement; to

privacy and family life; to education; to the highest attainable standard of physical and

mental health; not to be subjected to forced labour; and to gain one’s life by work freely

chosen or accepted. It also violates the right of children not be forcibly enrolled in armed

forces.

62. Lastly, the commission considers that the lack of investigation, prosecution and

punishment by the Government of those practices or violations that result of individual

initiatives constitutes a breach of its obligation of due diligence under international human

rights law.

2. Forced labour

63. Thousands of boys and girls are enrolled every year in open-ended national service.

The commission finds that, during their service, most conscripts in the military and all

conscripts in civil service are subject to forced labour. There is a pattern of torture,

inhuman, cruel or degrading treatment or punishment of conscripts in the army in

connection with the labour that conscripts are forced to perform. The working and living

conditions of conscripts who are subject to forced labour are conducive or amount to

additional human rights violations, such as to their right to work in just and favourable

conditions, their right to adequate housing and their right to the highest attainable standard

of health and access to health care, in particular when they are required to perform

dangerous work.

64. Many Eritreans, including under-age students, are also subject to forced labour

outside national service. Elderly Eritreans are subject to forced labour in the context of their

forced recruitment in the militia. The commission finds that the labour exacted from

persons deprived of liberty by the Government also constitutes a form of forced labour

prohibited under international human rights law.

65. Conscripts, students, elderly persons and prisoners are all forced to work under the

threat of penalty or punishment. In the repressive context of Eritrea, refusal to perform such

work is therefore not a possibility they would consider. The commission concludes that

forced labour in this context is a practice similar to slavery in its effects and, as such, is

prohibited under international human rights law.

IV. Conclusions and recommendations

A. Conclusions

66. The commission finds that systematic, widespread and gross human rights

violations have been and are being committed by the Government of Eritrea and that

there is no accountability for them. The enjoyment of rights and freedoms are severely

curtailed in an overall context of a total lack of rule of law. The commission also finds

that the violations in the areas of extrajudicial executions, torture (including sexual

torture), national service and forced labour may constitute crimes against humanity.

The commission emphasizes that its present findings should not be interpreted as a

conclusion that international crimes have not been committed in other areas.

67. Following up on practices developed during the liberation struggle, the PFDJ,

the ruling and only party in Eritrea, has held on to power by progressively

dismantling or refraining from implementing reforms aimed at establishing

democracy and rule of law in the country. Through the establishment of control

systems and the application of harsh repression, the PFDJ has eroded public freedoms

and established a rule of fear that tolerates no opposition. It has blurred the lines

between the three sources of constitutional authority by concentrating all power in the

executive, and in particular in the figure of the President – who is also the head of the

party, at the cost of the legislature and the judiciary. National elections have never

been held.

68. The PFDJ has established a system by which an extraordinary number of

individuals have the power to spy on Eritreans and conduct investigations and arrests

often without observing the law. The proliferation of national security offices and of

officers assigned to administrative offices but with an intelligence mandate – and their

overlap with the party’s own intelligence and with military intelligence – is a major

concern.

69. What was meant to be the supreme law of the country, the Constitution of 1997,

has never been implemented. The National Assembly stopped convening in 2002. Even

while it was sitting, laws were passed by government decree (“Proclamation”); since

2002, it has been the exclusive way to promulgate legislation. It is of particular

concern that some important policies adopted by the Government, including those

severely affecting individual rights and freedoms, are not embodied in law; they are

simply “announced” by government media or in messages passed on by local

administrations and implemented in practice, with all the ambiguities of such a

procedure. This modus operandi has undermined the legitimate expectations of

Eritreans on the certainty of laws and on proper legislative processes separated from

and under the control of an independent legislature. While the commission welcomes

the promulgation of the new codes that, as of May 2015, effectively replace the

transitional codes in force since 1991, it is not in the position to assess their compliance

with international human rights law.

70. The judiciary is not independent. Judges are appointed, reassigned and

dismissed at the will of the President and are directed in their actions and influenced

in their decisions by members of the PFDJ and of the army. The judicial system has

also been affected by the creation of a parallel structure, the Special Court, which, in

practice, presides over and rules on all kinds of crimes, operating with clear disregard

for the most basic safeguards related to due process. Its judges are senior military

officers without legal training, apparently directly appointed by the President and

directly accountable to him. Globally, administration of justice is completely deficient,

particularly when it comes to processing cases of persons in detention. Community

courts, with jurisdiction over disputes arising from the “daily lives of the

communities”, have at least facilitated access to some justice for people in rural and

remote communities.

71. Eritreans are unable to move at will, to express themselves freely, to practice

their religion without undue interference, to enjoy unrestricted access to information

or to have the liberty to assemble and associate. Pervasive control systems and heavy

consequences for perceived deviant behaviours, including lifetime incarceration or

death, have created an environment of self-censorship whereby individuals no longer

trust anyone – not even their own family.

72. Continuing practices already recorded during the liberation struggle when

dealing with internal and external opposition, the Government has since independence

used enforced disappearances and extrajudicial executions to crush real or perceived

opposition and prevent the rise of any opposing views. The commission finds

particularly abhorrent the Government’s practice of acknowledging arrests while

providing no further information regarding the fate or whereabouts of those arrested.

73. Arbitrary detention is ubiquitous. The number of officials misusing the power

of arrest is particularly worrisome, as is the number of official, unofficial and secret

places of detention – all outside the control of the judiciary. Conditions of detention

are extremely harsh, and the lack of access to sufficient food, water and medical care

while in detention is found to debilitate prisoners and to lead to short- and long-term

health complications, and sometimes death. The practice of keeping detainees in

incommunicado detention and/or in isolation with total disregard for international

standards is widespread. The mental and physical health of prisoners is thus unduly

and unnecessarily affected.

74. Persons arrested, detained or held for punishment under various

circumstances, including during national service and military training, are routinely

subject to forms of ill-treatment that, in many cases, amount to torture. The

commission finds that the use of torture is so widespread that it can only conclude that

it is a policy of the Government to encourage its use for the punishment of individuals

perceived as deviant and for extorting confessions. Monitoring of detention centres is

non-existent, and perpetrators of torture are never brought to justice.

75. The commission finds that the practice of punishing family members for the

behaviour of a relative constitutes a form of guilt by association that is in violation of

international standards. Retaliation of this kind can be financial or take the form of

harassment (including abroad), arbitrary arrest and detention. Targets can be

relatives of perceived critics of the Government, conscripts who have deserted,

detainees who have escaped or individuals who had fled the country.

76. Controlled access to property, including land, has allowed the Government to

use such resources as a further means to punish those in perceived disagreement with

it and to reward supporters. The commission finds that military and party

representatives in particular have abused their authority to seize land, houses and

businesses for their own profit.

77. Since 1994, Eritreans have had to spend most of their working lives in national

service. The duration of national service is indefinite, its conditions violate

international standards and conscripts are severely underpaid . As such, it is an

institution where slavery-like practices take place. Conscripts are at the mercy of their

superiors, who exercise control and command over their subordinates without

restriction in a way that violates human rights and without ever being held

accountable. Conscripts are regularly subjected to punishment amounting to torture

and ill-treatment, during both military training and life in the army. Women and girls

are at a high risk of rape and other forms of sexual violence in all areas of national

service, and particularly in military training camps, where they are often forced into

concubinage by superiors in the camp. Eritreans who attempt to avoid conscription or

escape from the military are severely punished and arbitrarily deprived of their

liberty.

78. The Government has unlawfully and consistently been using conscripts and

other members of the population, including members of the militia, many beyond

retirement age, as forced labourers to construct infrastructure and to pursue the aim

of economic development and self-sufficiency of the State, thus indirectly supporting

the continued existence of a totalitarian Government that has been in power for the

past 24 years. The use of forced labour is so prevalent in Eritrea that all sectors of the

economy rely on it, and all Eritreans are likely to be subject to it at some stage in their

lives. The Government also regularly profits from the almost free work exacted from

conscripts and detainees to obtain illegitimate financial gain when they are “lent” to

foreign companies paying salaries to the Government that are considerably higher

than the amounts paid by the Government to the workers.

79. The situation of human rights incites an ever-increasing number of Eritreans to

leave their country. Overall, it is estimated that approximately 5,000 people leave

Eritrea each month, mainly to neighbouring countries. The trend has been upwards,

with a marked spike during the latter months of 2014. In October 2014, the registered

refugee population was 109,594 in the Sudan and 106,859 in Ethiopia. The total

Eritrean population of concern to the United Nations High Commissioner for

Refugees in mid-2014 was 357,406; depending on estimates of the current population,

this would constitute between 6 and 10 per cent of the national population. Thousands

of Eritreans are killed at sea while attempting to reach European shores. The practice

of kidnapping migrating individuals, who are released on ransom after enduring

horrible torture or killed, targets Eritreans in particular. Episodes of Eritreans killed

inside the country while trying to leave have also been recorded.

80. Discrimination and violence against women are present in all areas of Eritrean

society. Women are not only at extreme risk of sexual violence within the military and

in military training camps, but also in society at large, where violence against women

is perpetrated in an environment of impunity. Discrimination against women

intersects with the other human rights violations, placing women in a position of

vulnerability. Violations of the right to property, employment and freedom of

movement result in women being vulnerable to food insecurity, engaging in

transactional sex and prostitution and at heightened risk of punishment for non-

sanctioned work. The lack of genuine rule of law, credible security agencies and

independent and impartial women’s civil society organizations leaves women and girls

unable to seek recourse to justice or remedy for the sexual and gender-based violence

and discrimination they endure.

81. The commission finds that the lack of trustworthy data, including statistical

data, in almost every domain (inter alia, legal, demographic, development-related and

economic) is a serious deficiency that hampers a clear understanding of the situation

in Eritrea, allows the circulation of interpretations that are not evidence-based, and

results in decisions that can be harmful to the enjoyment of human rights of

Eritreans.

82. The commission has not benefited from any form of cooperation from the

Government of Eritrea. The limited access to the country by international and

regional governmental and non-governmental organizations is of great concern,

particularly in the context of a Government that maintains an opaque system and that

does not make information publicly available to either its citizens or the international

community.

83. The international community and the United Nations bear an ongoing

responsibility for the situation in Eritrea. In particular, the non-implementation of the

Algiers Agreement of 12 December 2000 and of the ruling on the demarcation of the

border between Ethiopia and Eritrea has provided an easy pretext for the

Government to implement repressive practices supposedly aimed at the defence of the

State. The international community also has a responsibility to keep Eritrea under

scrutiny for its policies and practices.

B. Recommendations

84. On the basis of its findings and conclusions, the commission makes the

recommendations below.

1. General

85. The commission of inquiry recommends that the Government of Eritrea:

(a) Implement fully and without further delay the Constitution of 1997; any

amendments to the Constitution should be made in a transparent and participatory

manner and take into account the State’s obligations under international human

rights law;

(b) Respect obligations under international human rights treaties to which

Eritrea is a party; ratify and implement other international human rights

instruments; and respect fully the freedoms of expression and opinion and of peaceful

assembly and association as critical foundations for any democracy;

(c) Acknowledge the existence of human rights violations and ensure

accountability for past human rights violations, including but not limited to

extrajudicial killings, enforced disappearances, torture, unlawful detention, sexual

violence and forced labour, including within national service;

(d) Establish an independent and impartial mechanism to investigate and,

where appropriate, to bring perpetrators to justice, in particular those with command

responsibility, and to provide victims with adequate redress; and ensure that

procedures are in place to hold all perpetrators of ongoing and future human rights

violations fully accountable.

2. Governance and administration of justice

86. The commission also recommends that the Government of Eritrea:

(a) Ensure the separation of powers between the legislature, the executive

and the judiciary;

(b) Allow the creation of political parties and hold free, fair and transparent

democratic elections at all levels, and in this context, respect and implement the draft

electoral law and other products of the work of the commission set up to organize

elections;

(c) Bring national laws and regulations into line with international human

rights standards, ensure that law-making is transparent and consultative, and that all

legislation is published and made accessible to the general public in the official

languages of Eritrea.

(d) Adopt legislation providing enhanced legal and social protection to those

in vulnerable situations, particularly children;

(e) Undertake without delay legal and institutional reforms aimed at

ensuring checks and balances among government organs, including by restoring the

respect of the rule of law, by institutionalizing an independent and transparent

judiciary and by providing access to justice, in particular for the accused and

detainees;

(f) Ensure that court processes, including judgements, are transparent,

open and accessible to the public, and transmitted to accused persons immediately;

(g) End the application of vicarious liability of innocent parties for alleged

unlawful acts committed by third persons;

(h) Establish an independent national human rights institution with a

monitoring mandate to investigate ongoing human rights violations; and protect and

respect the substantive role that civil society actors, particularly human rights

defenders, play in democratic societies.

(i) Ensure that individuals have the possibility of appealing settlements that

are not based on law, and close the Special Court.

3. Enforced disappearances, and arbitrary arrest and detention

87. The commission further recommends that the Government of Eritrea:

(a) Cease with immediate effect the practice of enforced disappearance and

all forms of extrajudicial executions by, inter alia, discontinuing the shoot-to-kill

policy wherever it may be applicable in border areas;

(b) Immediately and unconditionally release all unlawfully and arbitrarily

detained persons, including members of the G-15, journalists and members of

religious groups;

(c) Set up an effective mechanism to establish the whereabouts of those who

have disappeared, provide it with a full account of all those arrested or disappeared

since independence, and immediately provide information thereon to their families;

(d) Review all cases of detainees who have been convicted of an offence in a

judicial or quasi-judicial forum but who were not given the opportunity to defend

themselves or accorded the procedural rights that are established in the international

instruments to which Eritrea is party;

(e) Put an immediate end to the practice of incommunicado detention and

close all unofficial and secret places of detention; allow access to prisoners by family

members, lawyers and judges; and institute and ensure the respect of procedures

whereby any person who is arrested is either charged or released after a reasonable

period of time;

(f) Provide immediately information on any prisoners of war held in

detention, and release them as soon as possible; in the meantime, allow international

monitors unrestricted access to them.

4. Conditions of detention

88. The commission recommends that the Government of Eritrea:

(a) Improve the conditions of detention and the treatment of prisoners to

bring them into line with international standards and, in particular, ensure access to

medical treatment for all detainees in need;

(b) Ensure that solitary confinement remains an exceptional measure of

limited duration;

(c) Institute procedures for independent oversight of detention centres; and

immediately permit unhindered access by international monitors to all places of

detention, allow them to conduct regular and unannounced visits, and act promptly on

their recommendations;

5. Torture and ill-treatment

89. The commission recommends that the Government of Eritrea put an immediate

end to the use of torture and other forms of ill-treatment, establish adequate

complaints mechanisms and ensure that prompt and effective investigations are

conducted into all allegations of torture and ill-treatment with a view to bringing

perpetrators to justice.

6. Public freedoms

90. The commission recommends that the Government of Eritrea:

(a) Permit immediately freedom of movement within the country by

dismantling checkpoints and removing the need for travel permits; take measures to

facilitate the lawful movement of persons in and out of the country, including for

family reunification; and lift the requirement of an exit visa to leave the country, and

treat returnees in compliance with international standards;

(b) Take immediate measures to allow the operation of independent media,

including by bringing relevant legislation into conformity with international

standards; and protect journalists from arbitrary interference and arrest;

(c) Take immediate measures to end all religious persecution, particularly

for specific religious groups, such as Jehovah’s Witnesses, Pentecostals and other non-

authorized religious groups; and immediately restore citizenship and related rights;

(d) Respect the religious freedom of all faiths.

7. Property

91. The commission also recommends that the Government of Eritrea:

(a) Ensure that rights related to property are realized and enjoyed without

discrimination of any kind;

(b) Ensure that evictions from property, including land and houses, and

resettlements are conducted in accordance with international human rights law,

including on compensation, and the principles of proportionality and reasonableness;

(c) End forced evictions used in reprisal against unauthorized religions,

such as Jehovah’s Witnesses and those who did not take part in the armed struggle.

(d) Stop the seizure without compensation of land of Afars who flee Eritrea;

and ensure that Afars are resettled in a hospitable environment.

8. National service

92. The commission recommends that the Government of Eritrea:

(a) Discontinue indefinite national service by limiting it to 18 months for all

current and future conscripts, as envisaged by the Proclamation on national service;

(b) Provide full and transparent information on the implementation of the

recent announcement concerning the return of the duration of national service to 18

months for persons recruited as of 2014;

(c) Provide for conscientious objection by law, in accordance with

international norms; and provide for and grant exemptions from national service for

reasons relating to physical or mental health issues or family needs;

(d) Establish and apply lawful procedures for the apprehension of draft

evaders and deserters, and ensure that they are charged and tried by a court in

accordance with international standards;

(e) Adopt a military code that, inter alia, forbids and punishes ill-treatment,

exploitation and harassment of conscripts, and that sets standards for their living

conditions, including provision of food and shelter;

(f) Establish a complaint mechanism for conscripts to raise allegations of ill-

treatment and to obtain redress;

(g) Stop the forced recruitment of children under the age of 18 years into

military training;

(h) Disassociate education from military service and provide for the

completion of secondary schooling outside of Sawa or other military training centres;

(i) Abolish the requirement of completion of national service duties for

citizenship.

9. Forced labour

93. The commission of inquiry calls upon the Government of Eritrea to cease the

practice of using conscripts serving in the national service, detainees, students and

members of the militia as a source of forced labour, which is prohibited by

international standards.

10. Gender equality

94. The commission of inquiry recommends that the Government:

(a) Strengthen legislation protecting and promoting the equality of women

in Eritrea;

(b) Ratify the Protocol to the African Charter on Human and Peoples’

Rights on the Rights of Women in Africa;

(c) Permit the creation of independent gender-specific civil society

organizations, which are necessary to increase women’s involvement in public life and

decision-making;

(d) Ensure that women have access to productive land, agricultural training

and the means required to make their farming sustainable and productive;

(e) Ensure that all women and girls enjoy equal inheritance rights and are

protected by the same legal standards;

(f) Investigate, prosecute and sentence offenders of sexual and gender-based

violence;

(g) During mandatory military training, prohibit the assignment of women

and girls to officials’ quarters for forced domestic labour, and institute a zero-

tolerance policy for sexual abuse within training camps, which should be monitored

and reported on by an independent institution;

(h) Take immediate measures to ensure de facto gender equality, and

address all forms of violence against women, including domestic violence, sexual and

gender-based violence by State and non-State actors, specifically within state

institutions, such as military camps, army and places of detention;

(i) Implement impartial, gender-sensitive reporting mechanisms for victims

of violence, and provide rehabilitation and support services, including safe houses,

legal aid resources and health care.

11. Follow-up

95. The commission of inquiry also recommends that the Government:

(a) Seek technical assistance from OHCHR and other agencies, as

appropriate, with a view to assist in the implementation of the present

recommendations, as well as those made during the universal periodic review and by

other human rights mechanisms;

(b) Collaborate with the Special Rapporteur in implementing her mandate

and respond positively to her requests for an invitation to visit Eritrea;

(c) Cooperate with other international human rights mechanisms;

(d) Ensure an inclusive and comprehensive follow-up process to the

universal periodic review, implement the recommendations made by treaty bodies,

and submit overdue reports;

(e) Cooperate with the international community to allow those providing

international humanitarian assistance unhindered access throughout the country.

96. The commission of inquiry recommends that the international community:

(a) Pending tangible progress in the situation of human rights, in particular

the adoption of reforms that seriously address the problems identified in by the

commission in the present report, continue to provide protection to all those who have

fled and continue to flee Eritrea owing to severe violations of their rights or fear

thereof;

(b) Respect the principle of non-refoulement and end bilateral and other

arrangements that jeopardize the lives of those who seek asylum;

(c) Identify long-term solutions to help Eritrean refugees, including local

integration in the first-asylum country and resettlement in third countries, and

strengthen international solidarity in sharing the responsibility to care for Eritrean

refugees and migrants;

(d) Promote channels of regular migration from Eritrea to reduce

clandestine channels, in particular by ensuring that they no longer have to risk their

lives crossing the Mediterranean; in this regard, the issue of securing refugee routes

should be considered at the international level to provide safe passage to fleeing

persons;

(e) Promote inter-State cooperation to counter human smuggling and

trafficking, while treating victims in accordance with international human rights

standards;

(f) Criminalize the trade in people trafficking and people smuggling, which

in this region predominantly affects Eritreans; and establish mechanisms to

investigate, and provide resources to prosecute, those engaged in this trade;

(g) In engaging with the Eritrean authorities on solutions to stem the flow of

asylum seekers from Eritrea, place human rights considerations at the forefront of

any package of proposed abatement measures; furthermore, neighbouring

Governments should train security sector personnel in gender-sensitive trafficking

awareness;

(h) Keep Eritrea under close scrutiny until tangible progress in the situation

of human rights is evident, and ensure the centrality of human rights in all

engagement with the country;

(i) Clear conditions for a return to full, normal relations between Eritrea

and the international community, including the participation of Eritrea in regional

councils and mechanisms;

(j) Assist Eritrea and Ethiopia in solving border issues through diplomatic

means.

97. When negotiating development assistance and investment projects in Eritrea,

Governments, non-governmental organizations and private sector companies should

ensure that decent wages for locally engaged staff are an integral part of the

agreement, and insist that wages effectively go to those doing the work. In negotiating

access to the country and in proposing programmes and projects, organizations

should ensure that a positive impact on the enjoyment of rights and freedoms of the

people of Eritrea as recognized under international law is a central priority.

98. The commission of inquiry recommends that the United Nations, review and

revise where necessary the Human Rights Up Front initiative for Eritrea in the light

of the findings of the commission and ensure that all United Nations entities apply it

consistently.

99. The commission of inquiry calls upon the International Labour Organization to

address the issue of forced labour in Eritrea.

100. In deciding among its future projects, the United Nations Development

Programme should prioritize support for the strengthening of the national statistics

office of Eritrea.

101. OHCHR should report annually to the Human Rights Council and other

appropriate United Nations organs on its efforts to assist the Government of Eritrea

in the implementation of the recommendations made in the present report, as well as

those made during the universal periodic review and by other human rights

mechanisms.

102. The commission of inquiry recommends that the Human Rights Council:

(a) Organize, at its thirtieth session, a high-level panel discussion on

strategies to investigate the issue of human trafficking in North Africa and the

Mediterranean, with the involvement of all relevant actors and using both security

and human rights frameworks;

(b) Renew the mandate of the Special Rapporteur on the situation of human

rights in Eritrea, and request the mandate holder to, inter alia, work to promote and

report on the implementation of the present recommendations, providing the

additional resources necessary to do so;

(c) Mandate a relevant special procedure or otherwise direct an

investigation of the extent to which the abuses identified by the commission constitute

crimes against humanity;

(d) Request OHCHR to increase attention and resources to the situation of

human rights in Eritrea by enhancing engagement with the Government with the aim

of implementing the present recommendations, as well as those made during the

universal periodic review and by other human rights mechanisms.

Annexes

[English only]

Annex I

Letter addressed to the President of Eritrea by the commission of inquiry

United Nations

COMMISSION OF INQUIRY ON HUMAN RIGHTS IN ERITREA

3 June 2015

Excellency,

Further to my letter of 14 October 2014, I am writing to you again in my capacity as

Chair of the Commission of Inquiry on Human Rights in Eritrea.

In June 2014, the Human Rights Council established the Commission with the

mandate to investigate all alleged violations of human rights in Eritrea and to report to it at

its twenty-ninth session, starting in Geneva on 15 June.

The Commission undertook its investigation between the months of November 2014

and May 2015. I sincerely regret that in spite of repeated calls for access and for

information related to the human rights situation, your Government decided not to engage

with us and not to provide any cooperation. We are still ready to engage with you and your

Government, should you wish to invite us to visit Eritrea and discuss the outcome of our

investigation with you and your collaborators.

On the basis of the body of evidence collected from more than 700 testimonies, the

Commission has concluded that systematic, widespread and gross human rights violations

have been and are being committed in Eritrea under the authority of your Government. The

enjoyment of rights and freedoms are severely curtailed in an overall context of a lack of

rule of law.

The Commission also finds that the violations in the areas of extrajudicial

executions, torture (including sexual torture), national service and forced labour may

constitute crimes against humanity. The commission emphasizes that its present findings

should not be interpreted as a conclusion that international crimes have not occurred in

other areas.

The full report on the findings and conclusions of the recommendations, together

with a shorter version of it are shared as annexes to this letter. They will be made public on

08 June 2015; and presented and discussed on 23 June, in the course of the Council’s

twenty-ninth session.

In light of the findings of the Commission and as President of Eritrea, President of

the National Assembly and leader of the ruling party, the People’s Front for Democracy and

Justice, I exhort you to take immediate action to address the grave human rights situation in

your country, in particular by ending impunity for officials guilty of gross human rights

violations.

The Commission urges you and your Government to:

Implement fully and without further delay the 1997 Constitution. Any

amendments to the Constitution should take place in a transparent and participatory

manner and take into account Eritrea’s obligations under international human rights

law.

Acknowledge the existence of human rights violations and ensure

accountability for past human rights violations, including but not limited to

extrajudicial killings, enforced disappearances, torture, unlawful detention, sexual

violence and forced labour, also within national service.

Cease with immediate effect the practice of enforced disappearance and all

forms of extrajudicial executions, inter alia by discontinuing the shoot-to-kill policy

that may be applicable at any border.

Immediately and unconditionally release all unlawfully and arbitrarily

detained persons, including members of the G-15, journalists and members of

religious groups.

Put an immediate end to the use of torture and other forms of ill-treatment.

Discontinue the indefinite national service by limiting it to 18 months for all

current and future conscripts as envisaged by the National Service Proclamation.

Take immediate measures to ensure de facto gender equality and address all

forms of violence against women, including domestic violence, sexual and gender-

based violence by State and non-State actors.

The Commission’s full recommendations are detailed in the reports attached to this

letter. We hold the hope that you will give them serious consideration. We strongly believe

that, if implemented, they would be of help to make Eritrea a State where rule of law is

implemented and human rights respected.

The Commission avails itself of the opportunity to renew the expression of its

highest consideration.

Please accept, Excellency, the assurances of my highest consideration.

Mike Smith

Chair

Commission of Inquiry on Human Rights in Eritrea

His Excellency

Mr. Isaias Afwerki

President of the State of Eritrea

Asmara

Annex II

List of detention facilities identified by the commission of inquiry

Detention facilities in Eritrea documented by the commission of inquiry

1. First Police Station

2. Second Police Station

3. Third Police Station

4. Fourth Police Station

5. Fifth Police Station

6. Sixth Police Station

7. Abi Adi

8. Aderser

9. Adi Abeito

10. Adi Imer

11. Adi Keih

12. Adi Nefas

13. Adi Quala

14. Afabet

15. Agip

16. Agordat

17. Ala

18. Arag

19. Assab

20. Baharia

21. Barentu Military Intelligence Unit

22. Barentu Military Unit

23. Barentu Police Station

24. Barentu Prima Country

25. Barentu Secret Prison House

26. Dahlak Kebir

27. Darsal

28. Debarwa

29. Dekemhare

30. Dengolo

31. Dugona

32. Eiraeiro

33. Gahteley

34. Gedem

35. Gelalo

36. Gergera

37. Haddis Ma’askar

38. Hagaz

39. Halhal

40. Hashferay

41. Idaga Arbi

42. Karshele

43. Keren

44. Mai Duma

45. Mai Edaga

46. Mai Nefhi

47. Mai Serwa

48. Mai Temenay

49. Massawa

50. Me’eter

51. Mendefera

52. Nakfa

53. Nakura

54. Sawa

55. Segeneti

56. Sembel

57. Senafe

58. Serejeka

59. Sheila Tessenei

60. Tehadasso

61. Tessenei

62. Track B

63. Track C

64. Tsetser

65. Tsorona

66. Under Tessenei

67. Wi’a

68. Zara

Additional detention facilities reported in the course of the investigation

1. Aba Shawal Police Station

2. Aboy Regum

3. Ali Giddeh

4. Asha Golgol

5. Auna Wato

6. Baleko

7. Dahrotay

8. Duarwa

9. Edaga Arbi

10. Eila Ber’ed

11. Embatkala

12. Garage Fenkel

13. Ginda Police Station

14. Glas

15. Golij

16. Go’igne

17. Jufa

18. Keru

19. Kiloma

20. Klima

21. Kudo-Felasi

22. Metkelabet

23. Shilalo

24. Taba Stifanos

25. Tsererat

26. Villagio Prison House

27. Teio