A/HRC/41/53
Government in fulfilling its existing international human rights obligations and
commitments.
H.
Promoting freedom of expression and the press
56.
The Special Rapporteur remains concerned about reports of severe restrictions to the
enjoyment of freedom of expression and the press. She notes that the Government has the
power to censor all mass media, impose onerous licensing requirements and prescribe
content.24 In addition, criminal provisions regulating defamation have been used to restrict
freedom of expression and media freedom and undermine the rights of citizens to express
their opinions. The only media outlets allowed inside Eritrea are the government television
station and newspapers, which are heavily monitored. The private press has been shut down
since 2001. Only a small percentage of the population has access to the Internet inside the
country. A few private satellite television channels have recently begun broadcasting into
Eritrea from outside the country, allowing local residents with satellite dishes to follow
recent developments in other countries.
57.
According to various sources, at least 16 journalists remain in custody in Eritrea.
One case is that of Dawit Isaak, a national of both Eritrea and Sweden, who was arrested in
Asmara on 23 September 2001 during a government crackdown on the independent press –
in which other journalists were also arrested – and has been held incommunicado ever
since. In a 2016 decision,25 the African Commission on Human and Peoples’ Rights held
that Eritrea should release or bring to speedy trial the journalists detained since September
2001, grant the detainees immediate access to their families and to legal counsel, and
ensure payment of compensation to the detainees. The Government of Eritrea has yet to
comply with the decision.
58.
The Special Rapporteur has received various testimonies about the restrictions
imposed on journalists and the abuse they are subjected to in detention. One journalist
recounted that she was held for almost six years at Mai Serwa prison. Security forces
arrested her and 25 colleagues in February 2009, after the radio station where she worked
was shut down. During her detention, she was subjected to periods of solitary confinement,
to beatings and to torture, during which she was questioned about her ties to Ethiopian
media outlets. As a result of the mistreatment she endured, she spent several months at a
local hospital before being re-incarcerated. She was finally released in 2015. The
colleagues detained with her were reportedly also released.
59.
The Special Rapporteur calls on the Government to put an end to the harassment,
arrest and detention of persons for expressing their opinion, including for criticizing the
Government, and immediately release all persons detained for exercising their right to
freedom of opinion. She further urges the Government to allow journalists and others
employed in the media, including private outlets, to operate freely and independently in the
country.
I.
Resolving the situation of Djiboutian prisoners of war in Eritrea
60.
The Special Rapporteur expresses concern about the situation of the remaining 13 26
Djiboutian prisoners of war in Eritrea who have been unaccounted for since 12 June 2008.
Both the Security Council and the Human Rights Council have repeatedly raised this
issue.27 The families of these prisoners have been waiting for over a decade for information
24
25
26
27
Press Proclamation (No. 90/1996).
African Commission on Human and Peoples’ Rights communication No. 428/12 (Dawit Isaak v.
Eritrea).
The Permanent Mission of Djibouti to the United Nations Office and other organizations in Geneva
informed the Special Rapporteur that the number of missing prisoners of war was 13.
Security Council resolutions 2444 (2018), para. 6, 2385 (2017), para. 39, and 1907 (2009), para. 4;
and Human Rights Council resolutions 38/15, para. 10, and 35/35, para. 11. See also S/2018/1003,
paras. 44–46.
13
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