A/HRC/26/45 holds the view that border issues should not serve as an excuse for the Government to violate the rights of its citizens within its own territory.29 100. Eritrea’s “no-war–no peace” rhetoric provides the context for: (a) the nonimplementation of the Constitution that was ratified by the Constituent Assembly in 1997; (b) withholding the organization of free and fair elections at the national level; (c) severe restrictions on civil, political, economic and social rights, as well as a lack of economic opportunities; (d) excessive militarization of society, with a high proportion of the population either in indefinite national service or the People’s Militia; (e) forced migration. 101. The violations described in the present report are committed with impunity. Although structures and procedures may be in place, victims do not feel confident that perpetrators will be brought to justice. Moreover, while it is the prerogative of defence forces to set down their own disciplinary rules and procedures, these should be compliant with the human rights obligations that the State has agreed to protect, promote, respect and fulfil. 102. Each of the above-described violations has a human impact and relates to a human story. No matter what the circumstance, even when deprived of their liberty, people must be treated with humanity and with respect for the inherent dignity of the human person. Finally, all rules should embody the principles of fairness and justice and should conform to the basic principle that human rights attach to all human beings always, with restrictions permissible only according to the tenets of the rule of law. B. Recommendations 103. The recommendations contained in the Special Rapporteur’s first report (A/HRC/23/53) still stand, as the Government of Eritrea has not demonstrated its willingness to take them into consideration and to act upon them. The Special Rapporteur calls on the Human Rights Council to take cognizance of the fact that Eritrea has shown no cooperation with the mandate entrusted to her. 104. The Special Rapporteur makes the following recommendations to the Government of Eritrea: (a) Respect all obligations under international human rights treaties to which Eritrea is a party; ratify and implement other international human rights instruments, in particular the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its Optional Protocol; (b) Bring the provisions of the 1995 National Service Proclamation No. 82/1995 and the Warsai Yikaalo Development Campaign into line with international human rights standards; (c) Discontinue the indefinite national service, demobilize those who have completed the 18 months of service originally envisaged, and stop using national service conscripts who serve more than 18 months as forced labour; (d) Ensure that children are not being conscripted into the military; (e) Promptly investigate allegations of extrajudicial killings, torture, rape and sexual abuse within the national service, and bring perpetrators to justice; 29 20 A/HRC/23/53, para. 26.

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