A/HRC/38/50
Eritrean draft evaders and deserters as entitled to refugee status. The Special Rapporteur
regrets that at the time of writing no substantive reply to the February 2018 joint
communication has been received from the Government of Israel.
104. In early April, it briefly looked as if Israel had revised its policy of non-voluntary
relocation of Eritrean and other nationals to African countries, with the announcement of an
agreement that about 16,000 Eritrean and Sudanese nationals would be resettled to third
countries to be determined, while others would receive a suitable legal status in Israel.22
However, shortly after the announcement, the Prime Minister of Israel cancelled the
agreement and promised to pursue the deportation of all Eritreans and other nationals. Once
again, the future of Eritreans living in Israel remains unclear.
IV. Accountability and justice
105. The call for justice remains one of the central recommendations of the commission of
inquiry on human rights in Eritrea and has guided the work of the Special Rapporteur during
her final year. The Commission called for accountability for past and persistent human rights
violations and crimes, including enslavement, imprisonment, enforced disappearance, torture
and other inhumane acts, persecution, rape and murder.
106. In her 2017 report to the Council, the Special Rapporteur laid out the different avenues
that exist at the national, regional and international levels for victims of international crimes
seeking justice. In particular, she focused on options for accountability at the domestic level
under the principle of universal jurisdiction. During the reporting period, she continued her
efforts to raise awareness about accountability mechanisms at the domestic level, in particular
regarding the important role of victims. The pursuit of justice and accountability is a longterm process that will require continued sustained advocacy efforts by all the actors involved.
V. Reflections and conclusions
107. The Special Rapporteur commends the Eritrean authorities for their efforts to
engage on human rights at both the United Nations and the regional levels.
Unfortunately, such engagement has resulted in barely tangible progress in the
enjoyment of human rights on the ground. Eritreans from all walks of life with whom
the Special Rapporteur spoke have told her that if trust is to be rebuilt with the
leadership of the country, they need to get assurances that their human rights will be
respected in the short, medium and long term.
108. The overall assessment of the Special Rapporteur regarding the situation on
human rights in Eritrea remains grim:
(a)
The human rights landscape of Eritrea remains complex, compounded by
non-respect for the rule of law and weak institutions, including the judiciary;
(b)
The military/national service, which the commission of inquiry on human
rights found reasonable grounds to believe constituted no less than the enslavement of
a whole population, a crime against humanity, remains indefinite. Except for a small
increase in pay in 2015, no further reform has been communicated;
(c)
Other crimes against humanity, involving imprisonment, enforced
disappearance, torture and other inhumane acts, persecution, rape and murder,
continue;
(d)
The military/national service and the people’s militia detain people in a
highly militarized society, making it impossible for them to enjoy a normal life. The
Special Rapporteur notes with concern that the military plays a dominant role in the
lives of Eritrean people and in the country’s national institutions;
22
16
See UNHCR, “UNHCR and Israel sign agreement to find solutions for Eritreans and Sudanese”, press
release of 2 April 2018.
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