A/HRC/29/42
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.
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