A/HRC/32/47
context of the Government’s military service programmes and at Eritrean borders.
The leadership of the party and the military also benefit from the use of
military/national service conscripts as forced labour.
B. Recommendations
118. The recommendations made by the commission in its first report remain valid.
The commission highlights below those recommendations that are specifically relevant
to its new mandate, and makes new ones.
1.
(a)
Government of Eritrea
General recommendations
119.
The commission of inquiry recommends that the Government of Eritrea:
(a)
Implement fully and without delay the Constitution of 1997; any
amendments thereto should be made in a transparent and participatory manner, and
take into account the State’s international human rights obligations;
(b)
Respect the obligations prescribed by the international human rights
treaties to which Eritrea is a party, and ratify and implement other international
human rights instruments, including the International Convention for the Protection
of All Persons from Enforced Disappearance, the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of
Women in Africa, the United Nations Convention against Corruption and the African
Union Convention on Preventing and Combating Corruption.
(b)
Governance and administration of justice
120.
The commission also recommends that the Government of Eritrea:
(a)
Ensure the separation of powers among the legislature, the executive and
the judiciary, and establish the rule of law;
(b)
Adhere to the principles of the supremacy of law, equality before the
law, accountability to the law and legal certainty, and procedural and legal
transparency;
(c)
Establish without delay an independent, impartial and transparent
judiciary, and ensure access to justice for all;
(d)
Ensure that court processes, including judgements, are transparent,
open and accessible to the public, and transmitted to accused persons immediately;
(e)
Bring into force the Penal Code, the Criminal Procedure Code, the Civil
Code and the Civil Procedure Code of May 2015, and amend them to reflect all
international human rights standards;
(f)
Allow for the creation of political parties, and hold free, fair and
transparent democratic elections at all levels;
(g)
Establish an independent national human rights institution with a
protection mandate, including to investigate human rights violations;
19
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