A/HRC/29/41
engage with Eritrea should give due weight and emphasis to human rights, and
continued efforts are required to address the root causes of human rights violations in
the country.
73.
The Special Rapporteur would like to urge the Government of Eritrea to
strengthen efforts to increase the participation of all citizens in public life, in order to
sustain fruitful and durable change in the human rights landscape. The Government
would gain if it accorded priority to making participation open to all and
guaranteeing that the human rights of all stakeholders, including women, children
and other vulnerable groups, such as minorities, will not be violated in processes of
participation. Public participation should be ensured at all levels; in particular, the
involvement of those potentially affected by or interested in a decision should be
sought and facilitated in such a way that their participation is valued and can have an
impact. Those affected by a decision have a right to be involved in the decisionmaking process, and not only at the implementation phase; additionally, participation
should be voluntary, with no element of coercion. When people participate and
express their views, their right to freedom of expression should be respected, without
fear of reprisals.
74.
With regard to the forced evictions, deprivation of shelter can have drastic
impacts on individuals, families and communities, leading to the denial of multiple
rights in addition to the right to housing, and to obstacles in the achievement of the
Millennium Development Goals. While asserting that evictions should be the
exception rather than the rule, the Special Rapporteur urges the Government of
Eritrea to abide by its human rights obligations by prioritizing the requirement to
engage in consultation with those facing eviction with a view to exploring alternatives,
should evictions be inevitable.
B.
Recommendations
75.
The bulk of the recommendations made by the Special Rapporteur in her two
previous reports remain valid,42 as Eritrea has implemented only two of them, namely
those urging Eritrea to ratify the Convention against Torture and to seek technical
assistance from the Office of the United Nations High Commissioner for Human
Rights. She therefore reiterates the recommendations in her two previous reports. In
addition, she would like to make the recommendations below.
1.
Right to adequate housing and protection from forced evictions
76.
The Government of Eritrea should:
(a)
Put an immediate stop to the practice of forced evictions and demolition
of houses by agreeing to a moratorium, to be maintained until the Government sets up
an independent mechanism to assess the reasonableness and legality of any eviction,
bearing in mind international human rights law and practice in this field;
(b)
Ensure that existing legislation and policies are aligned adequately with
international law to prohibit forced evictions, and adopt legal provisions against
forced evictions in conformity with international law and the relevant general
comments of the Committee on Economic, Social and Cultural Rights;
42
See A/HRC/23/53, paras. 107–108 and A/HRC/26/45, paras. 103–105.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents