A/HRC/23/53 VI. Conclusions and recommendations A. Conclusions 95. While acknowledging the importance of finding a resolution to border disputes, Eritrea cannot use this as an excuse to continue to violate its human rights obligations. Giving effect to the State obligation to respect, protect and fulfil human rights domestically is not dependant on external factors. 96. Excessive militarization is affecting the very fabric of Eritrean society, and its core unit, the family. The open-ended nature of national service is depriving the women and men of Eritrea of their most productive years, forcing them to cross borders to take their destiny into their own hands. 97. Even children as young as 7 or 8 years of age are crossing borders unaccompanied, citing dysfunctional family circumstances caused by the absence of one parent or even both as a result of conscription, detention or exile or forced military training as the reasons for flight. 98. There is no rule of law to provide citizens with a transparent legal system to protect them from the arbitrary use of power by the State, other institutions and individuals. 99. There are no internal mechanisms or institutions to hold to account those responsible for the pervasive human rights violations committed on a daily basis in Eritrea. The State is obliged to investigate and prosecute those responsible for human rights violations. This legal obligation to punish those found guilty of having committed human rights violations is an important element of the rule of law. The State’s failure to investigate, to punish perpetrators and to provide reparations for victims perpetuates a culture of impunity that undermines the credibility of the country’s criminal justice system. 100. Extrajudicial killings, enforced disappearances, indefinite incommunicado detention, torture, cruel, inhuman or degrading treatment, all of which are prevalent in Eritrea, undermine the deepest values of any society committed to respect for human rights and fundamental freedoms. 101. Freedom of expression and opinion, of assembly and association, the very cornerstones of an open society respecting the democratic principles of governance, are severely curtailed, creating a climate of fear fuelled by rumours, propaganda and suspicion. The result is an all-encompassing feeling of fear and distrust, even within families, reflecting a pervasive intelligence network that the Government of Eritrea has established throughout the country. 102. People cannot choose their profession and their remunerations are too low, causing them to rely on remittances from family and friends from abroad and pooling resources to be able to live in dignity. 103. While human rights violations are widespread and pervasive and affect all components of Eritrean society, minority ethnic groups suffer from a disparate impact, multiple forms of discrimination and marginalization, leading to exile. 104. Real change would require a fundamental reform process transforming the current culture of rights denial into one anchored in the rule of law and in respect for and the realization of all human rights and human dignity. 18