A/HRC/38/50 I. Introduction 1. In her report to the Human Rights Council pursuant to Council resolution 35/35 the Special Rapporteur on the situation of human rights in Eritrea highlights key developments relating to human rights in Eritrea since June 2017. In this fifth and last report to the Council by the current mandate holder, she also reflects on the six years during which she served in this capacity. 2. In the report the Special Rapporteur considers the implementation of the recommendations of the commission of inquiry on human rights in Eritrea, which found in its final report to the Council in 2016 (A/HRC/32/47) that there were reasonable grounds to believe Eritrean authorities had committed and continued to commit crimes against humanity in the country. To date, there has been no accountability for continuing and past human rights violations and crimes against humanity. 3. The Special Rapporteur thanks the Human Rights Council for the trust and confidence placed in her by appointing her in 2012 as the first mandate holder on the situation of human rights in Eritrea. She also thanks those Member States that invited her to engage with members of the Eritrean diaspora in their respective countries, and other stakeholders. By giving her access, they showed their commitment to finding durable solutions regarding the situation of human rights in Eritrea. She also remains indebted to the Office of the United Nations High Commissioner for Human Rights (OHCHR) for the unfailing support provided during her tenure. 4. The Special Rapporteur sincerely thanks survivors of human rights violations, family members, relatives and witnesses, who entrusted her with their life stories, dreams and hopes, confident that she would use them with the utmost care and respect for their right to inherent dignity to alert the international community about the plight of Eritreans who have suffered human rights violations and to amplify their calls for justice. Since the beginning of her tenure, as indicated in her first report to the Council (A/HRC/23/53), the Special Rapporteur has striven to give a voice to Eritreans who have experienced human rights violations. 5. The Special Rapporteur also thanks representatives of civil society for the invaluable support provided throughout her tenure. Their responsiveness, analysis and advocacy have been helpful. The side events organized by civil society on specific issues in the margins of the sessions of the Council and the United Nations General Assembly have contributed to the wider dissemination of information within the international community, including among Member States. A. Lack of access 6. The Special Rapporteur endeavoured to implement her mandate in a constructive, independent and impartial manner. She kept open channels of communication at all times with all stakeholders, most importantly with the Government of Eritrea. It is regrettable that the Government did not avail itself of these opportunities for meaningful dialogue. 7. For the sixth year in a row, the Government of Eritrea did not cooperate with the Special Rapporteur and did not provide her access to conduct in-country visits. However, the Special Rapporteur would like to reassure Member States that the denial of access has not hindered her work, even though she would have preferred to obtain information directly from those living in Eritrea and who were otherwise unable to interact with her. Member States are called upon to provide access in accordance with the terms of reference for agreed country visits (see E/CN.4/1998/45), with no preconditions attached. 8. The Special Rapporteur nevertheless believes she would not have been able to gather the type of information she has had she been invited to make a country visit. For example, permission to travel further than a 25-kilometre radius out of the capital city is still required. Few researchers get access to the country. Independent observers with a human rights brief continue to be denied access. In such circumstances, claims made by the Government regarding its adherence to human rights norms cannot be reliably verified. 3

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