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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