A/HRC/29/42
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
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents