A/HRC/41/53
received reports of recent cases where Eritrean families living in Western Europe had
received demands for ransom from trafficking networks in Libya to secure the release of
relatives. Some families were repeatedly forced to pay large sums of money to free their
relatives. In a positive development, in June 2018, for the first time, the Security Council 34
and the European Union imposed sanctions on six human traffickers in Libya, two of whom
were Eritreans.
72.
The ongoing conflict in Libya and the interceptions by the Libyan coast guard of
migrants and refugees in the Mediterranean have led to an important decrease in the
number of those reaching Europe through the central Mediterranean route. 35 However,
Eritreans continue to face life-threatening situations in their attempts to seek refuge in third
countries. According to reports, Eritrean migrants and refugees are using alternative routes
through Turkey to reach Greece 36 and through Algeria and Tunisia to reach southern
Europe. Others have been heading south across Ethiopia and then onward to Kenya and
Uganda.
B.
Asylum policies applicable to Eritrean asylum seekers
73.
The Special Rapporteur is concerned that some Governments are tightening their
asylum regulations applicable to Eritrean asylum seekers. In previous reports the Special
Rapporteur has documented changes in the protection policies for Eritrean asylum seekers
in several countries (e.g., A/HRC/35/39, paras. 39–40; and A/HRC/38/50, paras. 99–104).
74.
Eritrea is among the top countries of origin of asylum seekers in Switzerland. In
recent years, the Swiss migration authorities have applied stricter admission criteria in
assessing the protection provided to Eritrean asylum seekers. In January 2017, the Federal
Administrative Court of Switzerland ruled that illegally exiting Eritrea could no longer, in
itself, justify the granting of refugee status; additional factors must also exist. 37 This more
restrictive approach was confirmed in an August 2017 decision in which the Court found
that Eritreans who had served in the national service would not necessarily face the risk of
being recalled back into service or punished if they returned. 38 In July 2018, the Court ruled
that having to face forced military conscription upon return to Eritrea was, in itself,
insufficient grounds for obtaining asylum. 39 Since early 2018, the State Secretariat for
Migration has been reassessing the temporary admission of Eritreans and, as of September
2018, temporary admission permits have been cancelled in 9 per cent of the 250 cases
reviewed. 40 The State Secretariat for Migration plans to reassess some 2,800 additional
cases by mid-2019. The Special Rapporteur notes that the cancellation of temporary
admission permits has serious consequences, as holders of cancelled permits no longer
benefit from the right to work, access to education or social assistance, which leaves them
with limited options for subsistence. Returning to Eritrea would expose many of them to
arrest, harassment and violence. In December 2018, examining the situation of an Eritrean
asylum seeker in Switzerland, the Committee against Torture found that deporting the
34
35
36
37
38
39
40
16
United Nations, “Security Council Committee concerning Libya adds six individuals to its sanctions
list”, press release, 7 June 2018.
Eritreans represented 2.2 per cent of the approximately 520 refugees and migrants reaching Italy by
sea during the period between January and March 2019. The number of Eritreans making the sea
crossing decreased from over 1,550 during the period between January and March 2018 to 11 during
the same three-month period in 2019. Office of the United Nations High Commissioner for Refugees,
Operational Portal: Refugee Situations, “Mediterranean situation”.
In February 2019, Eritreans were among the top 10 nationalities of migrants and refugees
apprehended or rescued in the Aegean Sea by the Turkish coast guard. International Organization for
Migration, “Migrants’ Presence Monitoring: Turkey”, situation report, February 2019, p. 2.
Decision D-7898 (30 January 2017).
Decision D-2311/2016 (17 August 2017).
Decision E-5022/2017 (10 July 2018). See also decision E-5762/2015 (2 October 2018).
State Secretariat for Migration, “Fin du projet pilote d’examen des admissions provisoires des
ressortissants erythréens”, available in French at:
www.sem.admin.ch/sem/fr/home/aktuell/news/2018/2018-09-03.html.
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