A/HRC/32/47
inter alia, recalls “that it is the duty of every State to exercise its criminal jurisdiction over
those responsible for international crimes”.
109. The commission concludes that neither a hybrid tribunal nor a truth commission
would be a viable option in the current circumstances. A regional mechanism could,
however, be created.
110. Eritrea is not a State party to the International Criminal Court. The Court may
therefore exercise jurisdiction only over the crimes committed in Eritrea if the State were to
ratify the Rome Statute or if the Security Council were to refer the situation in Eritrea to the
Court.
111. Lastly, acting under Chapter VII of the Charter of the United Nations, the Security
Council could also impose targeted sanctions on individuals suspected of international
crimes.
VI. Conclusions and recommendations
A.
Conclusions
112. The commission finds that there are reasonable grounds to believe that crimes
against humanity have been committed in Eritrea since 1991. Eritrean officials have
engaged in a persistent, widespread and systematic attack against the country’s
civilian population since 1991. They have committed, and continue to commit, the
crimes of enslavement, imprisonment, enforced disappearance, torture, other
inhumane acts, persecution, rape and murder.
113. In the absence of a constitution, an independent judiciary or democratic
institutions in Eritrea, the commission has found no improvement in the rule of law.
The commission has heard of no plans to hold national elections. While the
commission was informed about the establishment of a committee to consider drafting
a new constitution, it has received no further details.
114. The commission finds that the gross human rights violations it documented in
its previous report persist, including arbitrary detention, enforced disappearances,
torture, killings, sexual and gender-based violence, discrimination on the basis of
religion and ethnicity, and reprisals for the alleged conduct of family members. In
addition, many of those subjected to enforced disappearance in the past remain
unaccounted for.
115. While the commission notes the State’s increased engagement with the
international community, there is no evidence of progress in the field of human rights.
Human rights violations are cited as the main motivating factor for departure by the
consistently large number of Eritreans fleeing the country, including by the rising
number of unaccompanied minors.
116. Eritreans continue to be subjected to indefinite military/national service. The
Government has recently confirmed that there are no plans to limit its duration to the
statutory 18 months. Conscripts are drafted for an indefinite duration of service in
often abusive conditions, and used as forced labour.
117. Political power and control are concentrated in the hands of the President and
a small circle of military and political loyalists. The commission has reasonable
grounds to believe that the top levels of the National Security Office and the military
are responsible for most cases of arbitrary arrest, enforced disappearance and
torture. Military commanders are also responsible for abuses committed in the
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