A/HRC/29/42 86. The commission also recommends that the Government of Eritrea: (a) Ensure the separation of powers between the legislature, the executive and the judiciary; (b) Allow the creation of political parties and hold free, fair and transparent democratic elections at all levels, and in this context, respect and implement the draft electoral law and other products of the work of the commission set up to organize elections; (c) Bring national laws and regulations into line with international human rights standards, ensure that law-making is transparent and consultative, and that all legislation is published and made accessible to the general public in the official languages of Eritrea. (d) Adopt legislation providing enhanced legal and social protection to those in vulnerable situations, particularly children; (e) Undertake without delay legal and institutional reforms aimed at ensuring checks and balances among government organs, including by restoring the respect of the rule of law, by institutionalizing an independent and transparent judiciary and by providing access to justice, in particular for the accused and detainees; (f) Ensure that court processes, including judgements, are transparent, open and accessible to the public, and transmitted to accused persons immediately; (g) End the application of vicarious liability of innocent parties for alleged unlawful acts committed by third persons; (h) Establish an independent national human rights institution with a monitoring mandate to investigate ongoing human rights violations; and protect and respect the substantive role that civil society actors, particularly human rights defenders, play in democratic societies. (i) Ensure that individuals have the possibility of appealing settlements that are not based on law, and close the Special Court. 3. Enforced disappearances, and arbitrary arrest and detention 87. The commission further recommends that the Government of Eritrea: (a) Cease with immediate effect the practice of enforced disappearance and all forms of extrajudicial executions by, inter alia, discontinuing the shoot-to-kill policy wherever it may be applicable in border areas; (b) Immediately and unconditionally release all unlawfully and arbitrarily detained persons, including members of the G-15, journalists and members of religious groups; (c) Set up an effective mechanism to establish the whereabouts of those who have disappeared, provide it with a full account of all those arrested or disappeared since independence, and immediately provide information thereon to their families; (d) Review all cases of detainees who have been convicted of an offence in a judicial or quasi-judicial forum but who were not given the opportunity to defend themselves or accorded the procedural rights that are established in the international instruments to which Eritrea is party; (e) Put an immediate end to the practice of incommunicado detention and close all unofficial and secret places of detention; allow access to prisoners by family 18

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