A/HRC/29/42
resolutions and mandates are in breach of the United Nations principles of impartiality,
objectivity and non-selectivity” and rejected the oral report.
11.
The commission shared its detailed findings with the Government of Eritrea (see
annex I).
B.
Methods of work
12.
Without access to Eritrea, the commission obtained first-hand testimony by
conducting confidential interviews with witnesses residing in third countries.
13.
Within the limits of time, budget and programme of work, the commission selected
countries to visit on the basis of acceptance received, size of the Eritrean population hosted,
and their average dates of departure from Eritrea (the latter to ensure that the entire period
under investigation was covered). The commission conducted visits to Djibouti, Ethiopia,
Germany, Italy, Sweden, Switzerland, the United Kingdom of Great Britain and Northern
Ireland and the United States of America.
14.
The commission and its secretariat conducted confidential interviews with more than
550 witnesses, 100 of whom were women. In accordance with best practices, it paid special
attention to gender issues and the gendered impact of violations. Nevertheless, it faced
significant difficulties in the investigation and documentation of human rights violations
suffered by women. The commission therefore takes the view that its inquiry may have
only partially captured the extent of sexual violence and violence against women.
15.
In November 2014, the commission made a call for written submissions to relevant
individuals, groups and organizations. By the deadline, 160 submissions had been received.
16.
The commission engaged with a number of United Nations entities and other
humanitarian actors. It regrets that a number of these entities and actors felt they were not
in a position to provide relevant information. The commission expresses its gratitude to the
Office of the United Nations High Commissioner for Human Rights (OHCHR) for its
support. The commission also benefited from the invaluable support of a number of nongovernmental organizations.
17.
Aside from its inability to enter Eritrea, the most significant investigative challenge
the commission faced was fear of reprisal among witnesses. Many potential witnesses
residing outside Eritrea were afraid to testify, even on a confidential basis, because they
assumed they were still being clandestinely monitored by the authorities and therefore
feared for their safety and for family members back in Eritrea.
18.
As a consequence, the commission paid particular attention to the protection of
witnesses. It recalls that primary responsibility for protecting all persons cooperating with
the commission rests with their States of residence and nationality. The commission
therefore urges Member States to provide additional protection measures where necessary.
19.
Another challenge faced by the commission in the completion of its work was the
absence of reliable data, including statistical information, in such areas as demographics,
development, the economy and the legal system. Whenever evidence-based conclusions
could not be drawn from available data, the commission indicated it.
C.
Legal framework and standard of proof for reported violations
20.
The commission assessed the human rights situation on the basis of the international
legal obligations voluntarily subscribed to by Eritrea. Eritrea is a State party to the
following universal and regional human rights treaties (year of ratification is given in
parentheses):
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