A/HRC/29/42
arrested, detained and sometimes executed demonstrators extrajudicially. Moreover, since
the prohibition of political parties and independent trade unions, short of joining the ruling
party, individuals have no avenue for participating in the conduct of public affairs, nor any
means to protect or improve their working conditions. The restrictions imposed by law on
the establishment of and the activities that may be undertaken by national or international
non-governmental organizations are so limiting that it is impossible for them to operate in
the country, leaving only government-organized associations able to operate. The
commission’s findings on the exercise of the right to freedom of assembly and association
point to a lack of mechanisms for channelling grievances, the absence of representation of
interest groups in the administration of the country, lack of consultation on decisions
affecting the population, absence of opportunities for open and genuine dialogue, and the
punishment of peaceful assembly and expression of demands.
4.
Freedom of religion and belief
35.
The Government perceives religion as a threat to its existence and has set about
controlling it and its expressions. Only four religious denominations are authorized in
Eritrea: Eritrean Orthodox, Catholicism, the Lutheran church and Sunni Islam. In spite of
the legal processes established in 2002 to apply for recognition, to date no other
denominations have been formally allowed to exist. All religious communities and their
members are nevertheless to varying degrees targeted by restrictions and attacks by the
Government. Interference in religious structures and affairs is rampant. The religious
gatherings of non-authorized denominations are prohibited. Religious materials are
confiscated. Adherents are arbitrarily arrested, ill-treated or subjected to torture during their
detention, and prisoners are coerced to recant their faith. Many religious followers have
been killed or have disappeared.
36.
In the implementation of discriminatory treatment on the basis of belief, Jehovah’s
Witnesses have been arbitrarily deprived of their citizenship. Apart from making it
impossible for them to participate in public affairs, the loss of citizenship entails
curtailment of the enjoyment of other fundamental rights, including the right to work when
their business licences are arbitrarily revoked, and the right to be recognized as a person
before the law when their national identity documents are confiscated.
37.
The limitations imposed on the activities of churches and religious institutions by
law and through unwritten policies and indirectly restricting the right to manifest one’s
religion or belief are not compatible with international human rights law. The restrictions
have affected the right of adherents to practice and manifest their religion, to conduct
legitimate religious activities such as preaching, and the functioning of religious institutions
in a manner that is not proportionate and necessary for the protection of public safety or
order. Moreover, the commission considers that the rights of adherents to liberty and fair
trial and not to be tortured or subjected to degrading treatment or punishment are regularly
violated.
B.
1.
Rule by fear
Administration of justice
38.
The non-implementation of the Constitution of 1997, including the provisions
relating to individual rights, has had a profound impact on the rule of law in Eritrea. Indeed,
with no parliament meeting and the court system controlled by the executive, it could even
be affirmed that there is no rule of law in Eritrea. Information gathered through the
pervasive control system is used in absolute arbitrariness to keep the population in a state of
permanent anxiety. It is not law that rules Eritreans, but fear.
8
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents