A/HRC/29/42
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
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