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