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

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