A/HRC/44/23 seek technical assistance from international partners, including from ILO, to carry out training on labour market reform, income-generating activities and skills training, especially for the younger population. 41. Finally, the Special Rapporteur stresses that international organizations and business enterprises seeking to implement projects in Eritrea must proactively identify, prevent, mitigate and account for the actual and potential adverse human rights impacts of their projects.13 In particular, they must put in place mechanisms to adequately monitor that the basic rights of those employed in such projects are respected, the labour force participates on a voluntary basis and workers receive adequate financial compensation. As stated in the February 2020 decision of the Canadian Supreme Court in the Nevsun Resources Ltd. case, international entities and companies working in Eritrea have the responsibility to respect human rights and can be held accountable for violations of international human rights law in their operations.14 C. Benchmark 3: extended efforts to guarantee freedoms of religion, association, expression and the press, and extended efforts to end religious and ethnic discrimination 42. The Special Rapporteur reiterates her concern regarding the severe restrictions imposed by the Eritrean authorities on civil liberties. In the present section, she focuses on three specific areas of concern: (a) the restrictions imposed on religious communities and church-based organizations; (b) the curtailment of the freedoms of association, of expression and of the press; and (c) the marginalization of Afar communities. 1. Restrictions on religious communities and church-based organizations 43. Since May 2019, the Eritrean authorities have carried out a crackdown on nonrecognized Christian congregations. The arrests of members of various congregations have disproportionally affected women and children.15 For example, in May, approximately 140 Christians were reportedly arrested during a private prayer gathering in Asmara, including some 100 women and 30 children. While some of those arrested have since been released, many remain in prison. 16 On 23 June 2019, security forces reportedly arrested about 70 members of the Faith Mission Church of Christ in Keren, including some 35 women and 10 children. Also in June, more than 30 Pentecostal Christians were reportedly arrested during prayer gatherings in various locations in Asmara. On 18 August 2019, security officials reportedly arrested some 80 Christians at a prayer gathering on the outskirts of Asmara, and a further 6 Christians from Keren were reportedly arrested earlier that month. According to various sources, at least 200 members of Christian congregations remain in detention at different prisons and police stations around the country, and some are held at military facilities. Some 40 Christians, including 15 women, are reportedly held at the Dahlak Kebir island prison. The Special Rapporteur has received reports that the conditions of detention are unsanitary and cramped, and that some prisoners are subjected to mistreatment and forced labour. In the first half of 2019, one Christian man died at the Mai Serwa prison and one Christian man died at Dahlak Kebir prison, leaving behind young families. 13 14 15 16 See generally, Working Group on Business and Human Rights, “Companion note I to the Working Group’s 2018 report to the General Assembly (A/73/163)” (16 October 2018). Available at www.ohchr.org/Documents/Issues/Business/Session18/CompanionNote1DiligenceReport.pdf. In November 2014, three Eritreans filed a lawsuit against Nevsun Resources Ltd., a Canadian mining firm, alleging that, as national service conscripts, they had been subjected to forced labour and illtreatment at the Bisha mine in Eritrea, a mine partially owned by Nevsun. The Canadian Supreme Court ruled that the plaintiffs’ claim could proceed. Supreme Court of Canada, Nevsun Resources Ltd. v. Araya, Judgment, 28 February 2020, paras. 129 and 132. Available at https://decisions.scc-csc.ca/ scc-csc/scc-csc/en/item/18169/index.do. Women and children are often the ones who can attend prayer gatherings, as many men have either left the country or are serving in the national/military service. According to reports, members of non-recognized Christian groups are at times forced to sign a document renouncing their faith prior to their release. 9

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