A/HRC/32/47
V. Accountability
96.
The commission recalls that, in its resolution 29/18, the Human Rights Council
extended the mandate of the commission of inquiry to investigate gross violations of human
rights in Eritrea with a view to ensuring full accountability, including where these
violations may amount to crimes against humanity.
A.
Institutional accountability
97.
Eritrea is an authoritarian State. Despite some attributes of a democratic State,
including a 16-member cabinet, a judicial system and regional governors and assemblies,
political power in Eritrea is concentrated in the hands of the President and of a small and
amorphous circle of military and political loyalists. The President appears to maintain
shadow structures of advisers who make policy decisions outside the formal governing
structures. Government ministers, who are not in the President’s inner circle, do not debate
or create policy, but merely enforce executive will. The leading members of the ruling
PFDJ party and the commanders of the security forces appear to report directly to the
President, and each group has responsibilities parallel to those of appointed government
officials. More generally, individual proximity to the President is a more reliable indicator
of de facto influence and control than official title.
98.
In assessing de facto power in Eritrea and its relationship to the gross human rights
violations and crimes described in the present report, the commission bears in mind that
Eritrea is a highly militarized society, and that military and security personnel are
disproportionately represented within the President’s inner circle. Both the National
Security Office and the military have a central role in affairs of State. The commission has
reasonable grounds to believe that the National Security Office is responsible for most
cases of arbitrary arrest, enforced disappearance and torture in official and unofficial
detention centres.
99.
The military in Eritrea is responsible for the numerous abuses associated with the
Government’s military service programmes, including in training camps and military
detention centres and at Eritrean borders. Military detention centres reportedly exist
wherever there is a military encampment. Military commanders are also responsible for the
use of conscripts as forced labour. It is the commission’s understanding that the
commanders of the country’s five military zones, all generals, hold considerably more
power than civilian governors, given that they control economic assets and military prisons
in their zones.
100. The distinction between the PFDJ and the Government is blurred at the highest
levels, given also that the President is Secretary-General of the party. The PFDJ leadership
reportedly controls parastatal enterprises in Eritrea, and thus benefits from the use of
conscript labour in them.
101. The police appear to have less influence, although some witnesses described cases of
illegal detention in police stations. That government ministers tend to have less de facto
power than the military, national security and the President’s inner circle does not preclude
the possibility that individual ministers closely associated with the President could be liable
for the acts described in the present report.
16
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