A/HRC/26/45 B. Conditions of national service that amount to human rights violations 1. Right to life and security of the person 50. The lives of those serving in the military should not be avoidably put at risk “without a clear and legitimate military purpose”.15 A common punishment in Eritrea for military offences such as desertion, absence without official leave or overstaying of leave without permission and self-harming to avoid national service is exposure to extreme climatic conditions, which may in effect lead to death. The Special Rapporteur has not been able to confirm whether an independent and prompt inquiry into any suspicious death or alleged violation of the right to life is carried out. 2. Arbitrary arrest, detention and torture 51. Military service escapees, as well as perceived offenders, are frequently sent to one of numerous prisons as punishment; Wi’a prison camp, situated on the Red Sea coast, south of Massawa, is a notoriously harsh one. Punishment amounting to torture, inhuman or degrading treatment, as well as detention in inhumane conditions appears to be the norm, even for trivial cases. National service conscripts in detention are also used for hard labour. 52. In addition, procedural guarantees need to be firmly assured. Those in service should be pertinently made aware of what constitutes disciplinary offences, the procedures to be followed at disciplinary hearings, safeguards and guarantees for those facing a charge to defend themselves, the competent authority for imposing punishment in case of breach, which should be proportionate to the offence.16 Finally, the right to appeal any punishment should be provided for and the act of appealing should not be another occasion for further retaliation.17 3. Women in national service 53. The military draft also applies to women. Women are particularly vulnerable and at risk of sexual violence during military service by both officers with responsibilities in the chain of command and by peers. 54. Army commanders force women to submit to their sexual advances; those who resist are usually punished in different ways, including psychological violence, through harsh treatment; assignment to unduly heavy military duties or denial of leave to visit family. In addition to their regular military duties, women are also expected to perform domestic chores, such as cooking and cleaning for military commanders, who often use female conscripts as maids. 55. Women face severe consequences following sexual violence during national service: those who become pregnant are sent back to their families and face stigmatization and reclusion, as those responsible for the pregnancies are not accountable. Given that sexual assault and rape are not usually discussed, in order to protect family reputation, a culture of silence perpetuates a climate of impunity. In addition to the fact that rape is a criminal offence, all those acts amount to a violation of the right to dignity that is inherent to every human being. 56. Furthermore, fear of national service, fueled by knowledge about sexual violence against women during national service, is so widespread that many young girls deliberately 15 16 17 See Council of Europe, “Appendix to Recommendation CM/Rec (2010) 4”, para. 6, in Human rights of members of the armed forces, (2010). Ibid. See International Covenant on Civil and Political Rights, art. 14. 11