A/HRC/38/50
(f)
Set up, with immediate effect, an independent oversight and complaints
mechanism to review cases requiring urgent attention, including those involving
persons in custody for prolonged periods without being charged or tried, persons with
precarious health , children, the elderly and women, including mothers with children;
(g)
Apply the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules) with immediate effect;
(h)
Respect and promote the right to freedom of expression, peaceful
assembly and association in line with its international human rights obligations, in
particular by:
(i)
Holding to account members of the security forces who use excessive force
and cause injury during demonstrations;
(ii)
Ensuring the immediate and unconditional release of all those who are
arbitrarily arrested and detained during demonstrations;
(iii) Reviewing relevant existing legislation and enacting new laws to
strengthen the protection of the rights to freedom of expression and freedom of
assembly, bringing the relevant national legislation into line with international
and regional human rights instruments;
(i)
Provide avenues of redress and access to remedies for those whose houses
have been demolished or their land grabbed, in line with international human rights
law, so that they are able to challenge demolitions or claim their rights to just
compensation, and guarantee that they are not subjected to excessive use of force or
detention;
(j)
Respect land rights in relation to traditional ownership of land and access
to fishing grounds to protect the livelihoods of local communities and ensure that the
land can be put to new uses only with their free, prior and informed consent;
(k)
Extend a standing invitation to special procedure mandate holders to visit
Eritrea. In doing so, Eritrea will indicate both its preparedness to receive a country visit
from special procedure mandate holders and its commitment to cooperate with the
special procedures, considered as a core pillar of the international system for the
protection and promotion of human rights;23
(l)
Ensure unhindered access to all humanitarian organizations, including
United Nations agencies and faith-based ones, to assist following failed harvests,
drought-related hardships and other humanitarian situations, including by providing
health care in isolated areas.
110.
to:
The Special Rapporteur urges Member States and international organizations
(a)
Take steps towards achieving accountability for those responsible for
serious human rights violations in Eritrea, including through a referral by the Security
Council to the International Criminal Court following the finding of the commission of
inquiry on human rights in Eritrea that there are reasonable grounds to believe that
crimes against humanity have been committed;
(b)
Exercise jurisdiction over crimes against humanity by acting on the
findings and recommendations of the commission of inquiry on human rights in Eritrea,
and thus help to protect the population of Eritrea from any further such crimes;
(c)
Protect Eritreans who have sought refuge in or are transiting through a
Member State’s territory by abiding by the principle of non-refoulement and end
bilateral and other arrangements that jeopardize the lives of those seeking asylum;
23
18
For details on “standing invitations” see
http://spinternet.ohchr.org/_Layouts/SpecialProceduresInternet/StandingInvitations.aspx.
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