A/HRC/41/53
C.
Implementing a constitutional and legal framework for the promotion
and protection of human rights
34.
The Special Rapporteur is concerned that Eritrea continues to have no constitution to
outline the country’s system of government, provide a system of institutional checks and
balances and set out the rights of its citizens. The Constitution ratified in 1997 did not enter
into force, and the authorities have not yet adopted a new constitution. Additionally, the
country does not have a legislative body to discuss and adopt legislation to promote and
protect basic rights. The National Assembly has been suspended since 2002.
35.
During the meeting with the Special Rapporteur held in March 2019, Eritrean
officials indicated that, in 2015, a body was set up to draft a new constitution. The Special
Rapporteur notes the lack of transparency and information regarding the composition of
that body, the time frame of that process and the relevant modalities. She urges the
Government to release information about the constitution-drafting process, make the
process inclusive by seeking public participation and involve all key constituencies,
including women. The Special Rapporteur recommends that the Government of Eritrea
prioritize, as a matter of urgency, the drafting of a new constitution and provisionally
implement the 1997 Constitution.
36.
The Special Rapporteur notes that Eritrea lacks an independent judiciary to enforce
the protection of and respect for basic rights and has no operational system of public
defence lawyers. As indicated above, basic due process rights are systematically violated.
In order to re-establish the foundations of rule of law, rebuild trust in judicial institutions
and improve access to justice, the Special Rapporteur encourages the Government to
strengthen legal education. Specifically, she urges the authorities to re-establish a school of
law and create a school for judicial training. She further encourages the Government to
provide capacity-building training on human rights to police officers, prosecutors, judges,
lawyers and traditional leaders as a means of promoting and protecting the enjoyment of
those rights.
37.
The Special Rapporteur notes that, in 2015, the Eritrean authorities issued the Civil
Code, the Penal Code, the Civil Procedure Code and the Criminal Procedure Code.
However, the Codes were promulgated in a constitutional void and in the absence of a
national legislature. Although the authorities maintain that the new Codes have entered into
force, the extent to which they are being implemented is unclear and prior transitional laws
appear to remain in force.
38.
Finally, the Special Rapporteur notes that Eritrea lacks a national institution to
monitor the human rights situation in the country. She encourages the Government to
establish an independent national human rights body in compliance with the principles
relating to the status of national institutions for the promotion and protection of human
rights (the Paris Principles), with a broad human rights mandate and sufficient staffing and
financial resources to promote and protect human rights in the country.
D.
Strengthening respect for freedom of religion and belief
39.
During the reporting period, the Special Rapporteur continued to receive reports of
severe restrictions to freedom of religion and belief in Eritrea. The Government only
recognizes four religious groups – Coptic Orthodox, Roman Catholic, Evangelical Lutheran
and Sunni Islam – and members of other, unregistered, denominations are not allowed to
freely practice their faith or to participate in religious gatherings. Evangelical Christian and
Pentecostal communities continue to face serious restrictions to the practice of their faith.
Followers of both registered and unregistered groups are arbitrarily arrested and detained
for their religious beliefs. Several members of religious groups have recently died in
detention.
40.
Jehovah’s Witnesses face severe persecution, including denial of citizenship and
travel papers, for their political neutrality and conscientious objection to military service.
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