The
United Nations Human Rights Council (HRC) adopted a resolution on 1 July
extending the mandate of the Special Rapporteur on the situation of human
rights in Eritrea for one year and requesting the submission of the report of
the Commission of Inquiry on Eritrea (COIE) to all relevant UN bodies “for
consideration and appropriate action” to ensure accountability for human rights
violations, including crimes against humanity.
In
its second report, released on 8 June, the COIE “found reasonable grounds to believe”
that crimes against humanity, “namely enslavement, imprisonment, enforced
disappearance, torture, other inhumane acts, persecution, rape and murder” have
been committed in a “widespread and systematic manner” in Eritrea since 1991,
and continue to occur.
The
resolution, which was adopted by consensus, contains a strong condemnation of
the “wide spread and gross” human rights violations which “are being committed
by the Government of Eritrea in a climate of generalized impunity”. With regard
to accountability, the resolution also calls for the creation of an African
Union mechanism supported by the international community “with a view to
examining and bringing to justice those responsible for violations and abuses
of human rights identified by the commission of inquiry, including any that may
amount to a crime against humanity”.
Expressing
deep concern “that the situation of human rights in Eritrea is a primary factor
in the increasing number of Eritreans leaving their country”, the resolution calls
for greater international collaboration “to ensure the protection of those
fleeing from Eritrea, in particular unaccompanied children.” It also encourages
states to protect Eritreans within their borders who provided evidence to the
COIE, and urges international businesses to carry out human rights due
diligence with regard to the impact of their interests in Eritrea “including
with respect to allegations of use of conscript labour”.
The
extent of Eritrea’s human rights crisis was highlighted on 23 June during a
side-event at the HRC organised jointly by CSW and Human Rights Concern-Eritrea
(HRC-E), and sponsored by Article 19, Defend the Defenders and the
International Fellowship of Reconciliation (IFOR). The speakers related often
harrowing personal experiences. Ms Hanna Petros Solomon, the daughter of a
former minster jailed in 2001, broke down while describing the impact of the
continuing incommunicado detentions of both parents on her family, and
also highlighted the severe mistreatment she experienced within the national
service regime and after being imprisoned for attempting to flee the country.
Ms
Helen Berhane, the gospel singer detained for 32 months in a shipping
container, was subjected regularly to torture, including a severe and sustained
assault that almost crippled her. Mr Abdalla Khiyar, a former high court
judge, highlighted the stark absence of rule of law in Eritrea, relating,
amongst other things, how a fellow judge was arrested in court and transported
to detention.
Mr
Aaron Berhane, founder of Eritrea’s first independent newspaper, described the
severe official harassment in the lead-up to the 2001 press clampdown and
imprisonment of journalists, while Mr Fathi Osman, a former diplomat,
described official pressures exerted on the Eritrean diaspora, including to
sign letters condemning the COIE’s first report. In addition, the president of
the Human Rights Commission of Djibouti, Mr. Salebane Oudine, related the
experiences of four Djiboutian Prisoners of War (POWs) who were released in
March 2016 after being detained in Eritrea since 2008, and the plight of 13
others who are still detained.
The
resolution, which was tabled by Djibouti and Somalia and co-sponsored by
several delegations, including France, Ukraine and the United States, passed
despite strong lobbying by the Eritrean delegation, which was led by the Head
of Political Affairs and presidential advisor Yemane Gebreab. Mr Gebreab
described the resolution as an unjust, unfair eminently political act that
illustrated the politicisation of the HRC and the departure from its
mandate.
Dr
Khataza Gondwe, Team Leader for Africa and Middle East at Christian Solidarity
Worldwide said, “CSW welcomes the passing of this resolution, which marks another
important step towards ensuring justice for Eritrean victims. The renewal
of the Special Rapporteur's mandate is particularly welcome, as the grave, pervasive
and wide-ranging human rights violations underway in Eritrea necessitate
continued monitoring with enhanced capacity. Most importantly, the resolution provides for accountability by encouraging
the establishment of an African Union justice mechanism with international
assistance, while the requested submission of the COIE’s report and oral
updates to all relevant UN bodies “for consideration and appropriate action” allows
for potential interventions by the Security Council. We commend the
Djiboutian and Somali delegations for working diligently to ensure the
resolution was adopted by consensus, and urge the Eritrean Government to engage
with all HRC special procedures, and particularly with the Special Rapporteur,
in order to address and end the crimes against humanity occurring with impunity
within its borders."