A/HRC/41/53
having ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, the Government of Eritrea has not yet put in place an
adequate legal framework and a comprehensive policy to address trafficking in persons.
She encourages the Government to: enhance its efforts to combat trafficking in persons by
strengthening cooperation with authorities in neighbouring States; take measures to
investigate and prosecute perpetrators; and develop anti-trafficking legislation that
adequately protects the rights of victims.
47.
The Special Rapporteur has received information about the obstacles that women
and girls continue to face in gaining access to justice. She is concerned that measures are
not being taken to ensure the independence and gender sensitivity of the judiciary.
According to the information received, women in detention face different forms of genderbased violence and there are gaps in the regulations governing the treatment and protection
of female detainees, in particular regarding access to health care, conditions of detention
and humane treatment. The Special Rapporteur has received testimonies indicating that
female detainees are at risk of rape, sexual abuse and humiliation, in particular from prison
guards. She encourages the Government to develop a comprehensive policy to eliminate
barriers to justice, ensure adequate redress and provide access to legal aid for women. She
also encourages the Government to take steps to implement the United Nations Rules for
the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the
Bangkok Rules).21
48.
The Special Rapporteur takes note of the Government’s efforts to increase women’s
participation in all aspects of public life and to promote gender parity. She notes, however,
that women have been absent from the Government’s current initiatives to promote regional
peace and security. Women remain underrepresented in senior cabinet positions, in the
senior ranks of the military and in the judiciary. Only women aligned with the ruling
People’s Front for Democracy and Justice are appointed to government positions, and
women are not allowed to independently organize to advocate for their interests or to form
or participate in grass-roots organizations not sanctioned by the authorities. As highlighted
in paragraph 29 above, the Special Rapporteur also draws attention to the negative impact
that participating in the national/military service has on the lives of women and girls, in
particular regarding their access to education and dignified employment and their exposure
to violence and early marriage.
49.
Women’s participation in economic activities can play a key role in fostering
productivity and economic growth in Eritrea. The Special Rapporteur takes note of the
Government’s efforts to support women entrepreneurs to help grow and sustain their
businesses. She encourages the Government to enhance women’s participation in economic
activities by reducing legal barriers to their participation, such as onerous licence fees for
businesses and restrictions on monthly cash withdrawals. She highlights that, while internal
regulations in Eritrea22 guarantee the rights of inheritance and access to land for women, in
practice women are not guaranteed equal treatment regarding inheritance and property
rights in certain local communities, in particular after marriage. The Special Rapporteur
recalls that supporting women’s economic empowerment can boost productivity and reduce
income inequality.
F.
Strengthening respect for the rights of ethnic minorities
50.
The Special Rapporteur continues to receive reports that ethnic minority groups in
Eritrea face discrimination, exclusion and denial of basic rights, and are exposed to
violence. She notes that certain minority groups, including the Afar and Kunama ethnic
21
22
General Assembly resolution 65/229, annex.
Proclamation to Reform the System of Land Tenure in Eritrea, to Determine the Manner of
Expropriating Land for Purposes of Development and National Reconstruction, and to Determine the
Powers and Duties of the Land Commission (No. 58/1994) and the transitional civil code.
11
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