CRES005/05/17-RESOLUTION ON THE HUMAN RIGHTS SITUATION IN ERITREA

CRES005/05/17-RESOLUTION ON THE HUMAN RIGHTS SITUATION IN ERITREA

We, the participants at the Forum on the Participation of NGOs in the 60^th Ordinary Session of the African Commission on Human and Peoples’ Rights held at the Palais des Congres in Niamey, Niger from 4^th -6^th May 2017;

Recalling the mandate of the African Commission on Human and Peoples’ Rights to hold States to account regarding the promotion and protection of human and peoples’ rights in Africa, under the African Charter on Human and Peoples’ Rights,

Further recalling the obligations of the State of Eritrea under the African Charter and other relevant regional and international human rights instruments ratified by Eritrea;

Concerned that since its ascension to the African Charter on Human and Peoples’ Rights in 1999, Eritrea has not complied with its obligation to submit periodic reports to the African Commission as required under Article 62 of the Charter;

Deeply disappointed by the failure of the Government of Eritrea to comply with the decision of the African Commission in Communication No. 250/2002 and in which the African Commission recommended the immediate release of 11 former government officials detained since September 2001;

Further disappointed by the failure of the Government of Eritrea to comply with the decision of the African Commission in Communication No. 275/2003 and in which the African Commission recommended either the release or the speedy and fair trial of 18 journalists detained since September 2001;

Considering the African Commission’s decision in Communication 428/12- Dawit Isaak v. Eritrea and in which the African Commission requested for the release of journalist Dawit Isaak, winner of the  2017 UNESCO/Guillermo Cano World Press Freedom Prize, and all his colleagues from the above communication 275/2003 and to report back to the African Commission on implementation of the decision within 180 days, according to Rule 112(2) of the Commission’s Rule of Procedure and the imminent lapse of this time limit on 20 May 2017;

Considering that the African Commission has repeatedly called on the Government of Eritrea to comply with its decisions, including most recently in Resolution 207 on the General Human Rights Situation in Africa and Resolution 91 on the Human Rights Situation in Eritrea;

Taking note of the concluding recommendations by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) on the State of Eritrea’s report on the status of implementation of the African Charter on the Rights and Welfare of the Child of January 2017 and the concerns expressed by the Committee;

Welcoming the report and findings of the United Nations Commission of Inquiry on Human Rights of Eritrea and deeply concerned about the reported systematic, widespread and gross human rights violations that have been and are being committed by the Government of Eritrea in a climate of generalized impunity;

Express deep concern at the ongoing forced evictions of tribes in West Eritrea. This undermines their right to property and is a violation of Article 19 of the African Charter;

Taking note of the United Nations Commission of Inquiry on Human Rights of Eritrea’s recommendation to the African Union to establish an accountability mechanism to investigate, prosecute and try individuals reasonably believed to have committed crimes against humanity.

Further welcoming the United Nations Human Rights Council Resolution, A/HRC/RES/32/24 encouraging the African Union to follow up on the report and recommendations of the Commission of Inquiry on Human Rights in Eritrea by establishing an investigation 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;

Calls on the African Commission on Human and Peoples’ Rights (ACHPR) to:

1. Call on Government of Eritrea to ensure due process of law for persons arrested and detained, in accordance with regional and international standards;
2. Call on Government of Eritrea to release persons arrested and detained without charge, especially those in detention for an excessively long period of time in violation of provisions of the African Charter on Human and Peoples’ Rights and other international human rights instruments;
3. Call on the Government of Eritrea to put an immediate stop to the practice of incommunicado detention, which can amount to torture;
4. Call on the Government of Eritrea to give effect to freedom of expression, a fundamental human right human right by allowing a free press in Eritrea;
5. Call on the Government of Eritrea to ensure that victims of the above violations and their families obtain full and adequate redress, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition;
6. Call for the referral of Eritrea to the African Union Executive Council for the consistent failure to comply with the decisions and recommendations of the African Commission.
7. Urge the African Union Peace and Security Council to constantly place Eritrea on its agenda and periodically review the situation of human rights in the country;
8. Urge the African Union to implement the recommendations of the United Nations Commission of Inquiry on Eritrea

Done in Niamey, Niger – 6 May 2017