A/HRC/41/53
complainant to Eritrea would constitute a violation of article 3 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. 41
VII. Conclusions and benchmarks for progress in improving the
situation of human rights
75.
The positive momentum for peace and security in the region created expectations in
the international community, and within Eritrea, that the Government of Eritrea would
implement wider political and institutional reforms. However, as described in the present
report, significant human rights concerns remain unaddressed. The opportunities created by
peace are far-reaching and the Eritrean authorities should capitalize on their new
engagement in the region to implement much-needed domestic reforms. The Eritrean
people should be the primary beneficiaries of the dividends of peace.
76.
In its resolution 38/15, the Human Rights Council invited the Special Rapporteur to
develop benchmarks for progress in improving the situation of human rights and a timebound action plan for their implementation. The Special Rapporteur understands these
benchmarks to be minimum human rights standards required to address human rights
concerns in Eritrea. She has conducted extensive consultations in developing them and has
taken note of previous recommendations made by various United Nations human rights
bodies and mechanisms. The Special Rapporteur considers that the benchmarks should be
translated into policies and measures that define and facilitate the implementation of human
rights in Eritrea and, with this aim, has included specific indicators of progress in the list
below. She notes that the list is not intended to be comprehensive, and encourages the
Government to develop additional benchmarks that it considers necessary for making
progress in human rights.
77.
Based on the findings and recommendations contained in the present report, and
guided by international human rights norms and principles, the five benchmarks and related
indicators set out below are required to achieve meaningful and lasting progress in human
rights.
78.
Benchmark 1: improvement in the promotion of the rule of law and
strengthening of national justice and law enforcement institutions (see paras. 23–25,
35–38 and 61 above). The associated indicators are:
(a)
The release of political prisoners, prisoners of conscience and persons
unlawfully and arbitrarily detained;
(b)
An improved environment for the protection of civil and political rights,
including through the development of sustainable foundations for democratic policing
and law enforcement;
(c)
The launch of a participatory constitution-drafting process and the
introduction of legal reforms to guarantee the exercise of civil and political rights;
(d)
Progress in the establishment of the rule of law and democratic
institutions, including a national human rights institution, a school of law and a
judicial academy, and progress in ensuring access to justice for all;
(e)
Steps taken for the re-establishment of the National Assembly.
79.
Benchmark 2: a demonstrated commitment to introducing reforms to the
national/military service (see paras. 31–32 above). The associated indicators are:
(a)
A reduction in the duration of the national/military service to 18 months;
(b)
The development of a multi-year plan to progressively demobilize
conscripts, promote job creation and introduce fair working conditions.
41
The Committee considered that the Swiss authorities were required to reassess the applicant’s asylum
application (CAT/C/65/D/811/2017, paras. 7.1–9).
17
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