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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