A/HRC/41/53
(e)
Adopt and implement the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules); 11
(f)
Promptly and impartially investigate cases of enforced disappearance and
hold perpetrators to account;
(g)
Ensure that relatives are informed about the fate and whereabouts of their
loved ones and are provided reparations, where appropriate.
24.
She further recommends that the Government sign and ratify the International
Convention for the Protection of All Persons from Enforced Disappearance, and
incorporate its provisions into domestic law.
25.
By respecting due process standards and immediately releasing those unlawfully and
arbitrarily detained, the Government will send a clear signal of its commitment to
upholding human rights.
B.
Reforming national/military service
26.
The recent developments in regional peace and security were expected to lead to the
introduction of reforms to the national/military service and to the demobilization of
conscripts in Eritrea. However, to date, there have been no official announcements of a
reduction in the duration of the national/military service or of any demobilization plans.
27.
Eritrean officials maintain that the national/military service has been misrepresented
and misunderstood, and claim that it is a system for providing a new generation of young
people with equality in education.12 However, the accounts of former and current conscripts
paint a different picture.
28.
The national/military service continues to be involuntary in nature and of openended duration. Although the statutory duration of the national/military service is 18
months, 13 in practice, many Eritreans remain conscripted well beyond that period. 14
Students continue to be required to carry out their final year of secondary education at Sawa
military training camp and must participate in mandatory military training. 15 Those allowed
to pursue higher education after their military training are tasked with performing national
service duties after graduation. Others are assigned directly from military training to
national service duties. Conscripts carry out their national service duties in all sectors of
Eritrean society, including public institutions such as schools and hospitals, as well as in
construction, mining 16 and the private sector. The wages they receive are insufficient to
cover basic living costs or support their families, 17 and conscripts are not provided adequate
housing. Some are forced to work without pay. There are reports that national/military
service conscripts are subjected to abuse and ill-treatment. Evading conscription can lead to
11
12
13
14
15
16
17
General Assembly resolution 70/175, annex.
Meeting with the delegation of Eritrea held in Geneva in March 2019.
Proclamation of National Service (No. 82/1995), arts. 2 (7) and 8.
During the reporting period, the Special Rapporteur received various testimonies of Eritreans whose
relatives were still national/military service conscripts after more than two decades.
In January 2017, the African Committee of Experts on the Rights and Welfare of the Child noted
reports of forced conscription of children into the army in Eritrea and recommended that the
educational system not be used for the military training of children prior to full military service
“Concluding recommendations by the African Committee of Experts on the Rights and Welfare of the
Child (ACERWC) on the State of Eritrea’s report on the status of implementation of the African
Charter on the Rights and Welfare of the Child” (Addis Ababa, 2017), para. 22.
A case against Nevsun Resources Ltd., a Canadian mining company based in British Columbia, is
currently pending before the Supreme Court of Canada. A group of Eritreans have filed a lawsuit
against the company alleging it was complicit in forced labour, slavery and torture at Bisha mine in
Eritrea. They claim that they were forced to work in the mine as part of their national/military service
programme. The Supreme Court of Canada is expected to decide on whether the Canadian courts
have jurisdiction to hear this case.
Several Eritreans in the diaspora have recounted that they routinely send remittances to relatives
conscripted in the national/military service, as they are unable to support themselves.
7
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