A/HRC/32/47
2.
Constitution and the rule of law
31.
It is widely accepted that the Constitution of 1997 has never been in force. In
May 2014, President Isaias Afwerki announced the drafting of a new constitution.
Presidential adviser Yemane Gebreab informed the commission that a committee had been
established to consider drafting a new constitution. The commission did not receive any
further detail about the process. Witnesses also confirmed that subordinate legislation
issued by decree was still being implemented in an arbitrary manner. The legal vacuum
continues to have far-reaching consequences for the protection of human rights in Eritrea.
In addition, there is no independent judiciary, no national assembly and no other democratic
institutions. In conclusion, the commission has found no progress in establishing the rule of
law.
3.
Military/national service programmes
32.
In its first report, the commission documented a number of grave human rights
violations in the State’s military/national service programmes, including its prolonged and
indefinite duration, abusive conditions and the use of conscripts as forced labour. Indefinite
military/national service is frequently cited by Eritreans as the prime reason for leaving
Eritrea.
33.
On 8 April 2015, Yemane Gebreab, at the Bruno Kreisky Forum for International
Dialogue, announced that Eritrea intended to limit its military/national service programmes
to 18 months. Eight months later, however, the Government stated:
Eritrea has no option but to take necessary measures of self-defense that are
proportionate to the threat it faces. […] This is the reason why National Service –
limited by law to 18 months – remains prolonged.3
34.
In February 2016, the Minister for Information, Yemane Ghebremeskel, confirmed
that there were no plans to limit military service programmes, stating that “demobilization
is predicated on removal of the main threat”, and “You are talking about prolongation of
national service in response to... continued belligerence by Ethiopia.”4
35.
The commission emphasizes that mandatory military/national service is not
necessarily a human rights violation. What distinguishes the military/national service
programme in Eritrea from those in other States is (a) its open-ended and arbitrary duration,
which routinely exceeds the 18 months provided for in a decree issued in 1995, frequently
by more than a decade; (b) the use of conscripts as forced labour in a wide range of
economic activities, including private enterprises; and (c) the rape and torture perpetrated in
military camps, and other conditions that are often inhumane.
36.
In addition to a reserve army, in 2012, the Government created Hizbawi Serawit,
often referred to as the “People’s Army” or “the militia”. Numerous witnesses informed the
commission that Eritreans in their 60s and 70s are required to participate in the activities of
Hizbawi Serawit. In sum, very few Eritreans are ever released from their military/national
service obligations.
3
4
Shabait.com, “UNHCR Eligibility Guidelines: Factual Findings or Recycled Defamation?”,
17 December 2015.
Reuters, “Eritrea won’t shorten national service despite migration fears”, 25 February 2016.
7
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