A/HRC/41/53
(c)
Implementing a constitutional and legal framework for the promotion and
protection of human rights;
(d)
Strengthening respect for freedom of religion and belief;
(e)
Addressing gender-based violence and promoting the rights of women and
gender equality;
(f)
Strengthening respect for the rights of ethnic minorities;
(g)
Promoting freedom of association and peaceful assembly;
(h)
Promoting freedom of expression and the press;
(i)
Resolving the situation of Djiboutian prisoners of war in Eritrea;
(j)
Improving freedom of movement and access for international agencies
operating in the country.
The Special Rapporteur takes note of the observations regarding the present report made by
the Permanent Mission of Eritrea to the United Nations Office and other international
organizations in Geneva in a letter dated 3 May 2019. In the letter, the Permanent Mission
wrote that the report was unbalanced and failed to recognize the apparent progress made
and the real challenges faced by Eritrea, that it repeated the assumptions of previous
mandate holders, that it was based on selective information that reinforced those
assumptions and that it made recommendations that were at variance with the principles of
non-interference in domestic affairs and the sovereign rights of States by dictating specific
priorities and benchmarks. The Permanent Mission maintained that the Government of
Eritrea continued to work to build the human and institutional capacities needed to ensure
that every Eritrean enjoyed a dignified life without deprivation and fear. While appreciating
those observations, the Special Rapporteur notes that the Permanent Mission did not
address the substantive matters raised in the present report.
A.
Ending the practices of indefinite and arbitrary detention and enforced
disappearance
17.
The Special Rapporteur is concerned about reports of arbitrary arrest, indefinite
detention, death in detention and enforced disappearance in Eritrea. She notes that Eritrea
continues to hold political prisoners and prisoners of conscience. She is concerned that
individuals continue to be held incommunicado and to be detained indefinitely, in violation
of their basic due process rights, including the rights to be informed of the charges against
them, to be brought promptly before a judge, to have their detention put to judicial review,
to have access to counsel and medical attention and to receive family visits. A common
feature in these cases is the lack of access to effective legal remedy for the victims and for
their families. Such violations continue to be committed with impunity, despite repeated
calls for respect of due process and for accountability from various United Nations bodies
and mechanisms (e.g. CCPR/C/ERI/CO/1, paras. 27–28; Human Rights Council resolution
38/15, para. 6; A/HRC/35/39, para. 78; and A/HRC/32/47, para. 122), and despite the
concrete recommendations made by Member States during the second cycle of the
universal periodic review (A/HRC/26/13, paras. 122.134–122.137, 122.139–122.140,
122.142 and 122.144–122.150). At its sixty-third ordinary session, held in late 2018, the
African Commission on Human and Peoples’ Rights too expressed concern regarding the
absence of information on a range of basic guarantees for persons in detention in Eritrea. 9
18.
Indefinite and arbitrary detention and enforced disappearance are contrary to the
Government’s binding obligations contained in international human rights instruments, 10
9
10
See www.achpr.org/files/sessions/63rd_os/conc-obs/1st-19992016/concluding_observations_and_recommendations_on_the_initial_and_combined_periodic.pdf.
Including the International Covenant on Civil and Political Rights (arts. 6–7, 9–10 and 14) and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (arts. 2
and 4).
5
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