A/HRC/41/53
At present, 53 members20 of this congregation are imprisoned at Mai Serwa prison, in the
outskirts of Asmara. Among them are 11 women, as well as 15 men older than 60 years of
age. Since June 2018, these detainees have not been allowed family visits. Three men –
Paulos Eyasu, Negede Teklemariam and Isaac Mogos – have been in prison for more than
24 years without charge or trial, and 10 others have been detained for more than 10 years.
Some members of this congregation have fled Eritrea and those who remain in the country
must practice their faith in hiding. Like many others imprisoned in Eritrea, detained
Jehovah’s Witnesses have no legal recourse and so cannot challenge their indefinite
detention. The Special Rapporteur urges the Government of Eritrea to engage in dialogue
with this congregation and release those in prison. She also urges the Government to
provide members of this congregation with the opportunity to participate in a form of civil
service that is consistent with their religious beliefs.
41.
Leaders of registered religions also face arbitrary arrest and prolonged detention. For
example, the Eritrean Orthodox Church Patriarch, Abune Antonios, who is over 90 years
old, has been under house arrest since 2007, after opposing State interference in his church
and asking for the release of imprisoned Orthodox priests. In July 2017, he was brought
under escort to Enda Mariam Cathedral in Asmara during a liturgical service, and has
remained in detention since. Forty ethnic Saho Muslim clerics and scholars have been
arbitrarily detained since 2008. As noted in paragraph 54 below, community leaders of Al
Diaa Islamic School in Asmara were arrested in October 2017, after protesting State
interference in school affairs and attempts to ban religious teachings. Two elderly leaders of
this Muslim community have since died in custody.
42.
In July 2018, 35 Christians – 11 women and 24 men – were released on bail from
Mai Serwa prison. They had been held for belonging to unregistered Christian
denominations.
43.
The Special Rapporteur recalls that the right to freedom of religion is enshrined in
article 18 of the International Covenant on Civil and Political Rights, to which Eritrea is a
State party. She calls upon the Government of Eritrea to allow the Eritrean people to
exercise their right to freedom of religion and to release those imprisoned for their religious
beliefs.
44.
By immediately releasing those imprisoned for practicing their faith, the
Government will demonstrate its commitment to upholding its international human rights
obligations.
E.
Addressing gender-based violence and promoting the rights of women
and gender equality
45.
The Special Rapporteur takes note of the efforts of the Government to address
gender-based violence. She welcomes its efforts to ban harmful practices, such as female
genital mutilation, and to end child marriage. She notes, however, that gender-based
discrimination and violence against women remain widespread in Eritrea. She highlights
that Eritrea lacks a comprehensive framework to address violence against women,
including criminal provisions addressing all forms of sexual and gender-based violence and
providing adequate legal remedy to victims. She also notes that the Government has not yet
adopted a national action plan to implement Security Council resolution 1325 (2000). The
Special Rapporteur further notes that the 2015 Criminal Code bans same-sex relations,
which fails to respect and protect the rights of individuals with diverse sexual orientations,
gender identities and expressions. The Special Rapporteur encourages the Government to
adopt a comprehensive policy and appropriate legislation to criminalize and eradicate all
forms of gender-based violence and promote gender equality.
46.
The Special Rapporteur is concerned that Eritrean women and girls continue to be
exposed to trafficking in persons and sexual exploitation, in particular by Eritrean-led
networks operating in the country and abroad. The Special Rapporteur notes that, while
20
10
Between 2011 and 2018, four more Jehovah’s Witnesses died in prison.
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