A/HRC/32/47
I. Introduction
A.
Mandate
1.
The commission of inquiry on human rights in Eritrea was initially established for a
period of one year by the Human Rights Council pursuant to its resolution 26/24. In that
resolution, the Council mandated the commission to investigate all alleged violations of
human rights in Eritrea, as outlined in the reports of the Special Rapporteur. The
commission decided to focus the temporal scope of the investigation from 1991, when
Eritrean entities took effective control of Eritrean territory.
2.
On 26 September 2014, the President of the Human Rights Council appointed
Mike Smith as chair of the commission and Victor Dankwa as a commissioner. Pursuant to
Council resolution 26/24, the Special Rapporteur on the situation of human rights in Eritrea,
Sheila B. Keetharuth, was also named a member of the commission. The commissioners
serve in a non-remunerated, independent and expert capacity.
3.
The commission presented its report to the Human Rights Council (A/HRC/29/42)
at its twenty-ninth session.1 The Council subsequently adopted, without a vote, resolution
29/18, in which it extended the mandate of the commission for one year, in order to
investigate systematic, widespread and gross violations of human rights in Eritrea with a
view to ensuring full accountability, including where these violations may amount to crimes
against humanity.
B.
Cooperation with the commission
4.
The Human Rights Council, in its resolution 29/18, reiterated its call upon the
Government of Eritrea to cooperate fully with the commission of inquiry. Like during the
first mandate of the commission, the Government failed to respond to the commission’s
repeated requests for access. The Permanent and Deputy Permanent Representatives of the
Permanent Mission of Eritrea to the United Nations did, however, accept to meet the
members of the commission in New York. The Deputy Permanent Representative also
forwarded new national legislation and media articles on Eritrea to the commission. The
Head of the commission secretariat was also able to meet with Presidential Adviser and
Head of Political Affairs of the People’s Front for Democracy and Justice (PFDJ), Yemane
Gebreab, in Geneva during the thirty-first session of the Council session, in March 2016.
5.
Given its limited ability to meet directly with Eritrean officials, the commission has
relied, where relevant, on information issued by the Government.
C.
Methodology
6.
The investigations, analysis and conclusions of the commission were guided by the
human rights treaties ratified by Eritrea and customary international law.
7.
The commission followed the methods of work described in its first report,
including with regard to the protection of witnesses, investigative methods, its legal and
factual findings, the historical background of Eritrea, the State’s economic and political
context and its legal framework.
1
See also A/HRC/29/CRP.1.
3
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