My name is Elizabeth Chyrum, and I am presenting this statement on behalf of Human Rights Concern – Eritrea (HRCE), a non-political human rights organisation located in the UK, dedicated to the promotion and protection of the human rights of all Eritreans.

There are no national human rights institutions, no civil society organisations or human rights defenders permitted to operate within the country, except those affiliated to the government.

The Report HRCE submitted for the UPR is based on numerous meetings with Eritreans who have recently become refugees and who shared their experiences within Eritrea in the past 4 years, and on information received clandestinely from Eritrea.

HRCE has been actively lobbying at the Human Rights Council since 2008, participated during Eritrea’s first UPR review in 2009, attended the interactive dialogue at the Human Rights Council on 30th November 2009.

Issues to be addressed are:

1. Political Freedom and Freedom of Expression,
2. Compulsory Military Service
3. Disappearances, Torture and Extra-Judicial Executions
4. Child Soldiers and Child Labour
5. Collaboration with UN Special Procedures

1. Political Freedom and Freedom of Expression

At the first Universal Periodic Review of Eritrea in 2009:

Australia, Canada, Slovakia, Slovenia, and Spain, put recommendations to the Government calling for Eritrea to:

• Implement the 1997 ratified constitution;
• Allow a free and independent media;
• Take measures to ensure freedom of expression and assembly for all, and;
• Unconditionally release all political prisoners.

The Government of Eritrea:

While not accepting these recommendations, the Government confirmed its support for full freedom of expression and freedom of the press, and asserted, “No one in Eritrea is detained for expressing his/her views.” It also stated that it was “implementing its constitution, including the holding of democratic elections”.

Current situation:

• The ratified Constitution has not yet been implemented;
• In September 2001, when a group of 11 Senior Government officials demanded the implementation of the Constitution, they were detained without due process and have been in prison ever since; many are now believed to be dead;
• A national election scheduled for 2001 was permanently ‘postponed’; and The National Assembly has been effectively nullified;
• All independent media has been shut down since 2001;
• The hope for independent judiciary has been left unfulfilled;
• The public gathering of more than seven people is prohibited;
• The public gathering of more than seven people is prohibited;
• Journalists, teachers, and senior officials expressing views critical of the government, have been detained without charge simply for their perceived opposition;
• The Special Rapporteur on Eritrea reported in May 2013 that 10,000 or more citizens have been arbitrarily detained incommunicado for no apparent reason;
• In the World Press Freedom Index for 2013, Eritrea came 179th, (last place in the index for the 6th successive year);
• At least 30 journalists are being held in incommunicado detention. Since 2001, 7 journalists are known to have died in prison due to the harsh prison conditions.

It is recommended that the Government of Eritrea to:

• Implement the 1997 Constitution, and affirm the right to freedom of expression of opinions and political views through all forms of communication, and establish the right to form and join political parties;
• Establish an independent judiciary system;
• Allow civil organisations, human rights institutions and independent media to be established, and function freely;
• Release all prisoners of conscience unconditionally.

2. Compulsory Military Service

At the first Universal Periodic Review of Eritrea in 2009:

Eritrea:

Rejected recommendations made by Canada, Slovenia, United Kingdom, and the USA, concerning the issue of compulsory and indefinite military service, but, Stated that its demobilization programme started in 2002.
Under Eritrea’s proclamation of National Service (No. 82/1995), the length of the service is 6 months military training and 12 month in military or government services.

However,

• Most have served 17 years or more and have been subjected to hard labour;
• Those rejecting military service, such as Jehovah Witnesses, are severely punished. There is no right to conscientious objection or civilian national service;
• In 2002, the government tried a half-hearted effort to demobilize 200,000, recruits, and sought financial assistance (of$197.2 million) from various sources including from the EU and the World Bank. Demobilizations occurred from July 2002 to June 2006. The figure varies from 65,000 to 104,000 according to the World Bank and UNDP respectively. There has not been any demobilization since, but instead the remobilisation has been intensified.

It is recommended that the Government of Eritrea to:

• End the practice of indefinitely extending military service with forced labour, demobilize those who have completed 18 months of service, and offer the option of civilian national service for conscientious objectors;
• Stop punishing deserters, conscientious objectors, their family members, and those who evade national service or flee Eritrea.

3. Enforced Disappearances, Torture and Extra-Judicial Execution

At the first Universal Periodic Review of Eritrea in 2009:

Eritrea: Rejected 4 recommendations from: Argentina, the Netherlands, Chile, and France on Enforced Disappearances, simply agreeing to study the provisions of the Conventions against Enforced Disappearance (CED), and co-operate with the Working Group,but:

Accepted 7 recommendations from ten countries: Mexico, Azerbaijan, Poland, Turkey, Austria, Norway, the Netherlands, Spain, Poland, and Switzerland, on Torture, which it said are “consistent with Eritrea’s laws. Article 417 of the Transitional Panel Code treats torture as a criminal offence”, including the ratification and implementation of the UN Convention Against Torture (CAT) , although it maintained that “no person is tortured…by the police or military as a general practice”.

However,

• Multiple disappearances continue;
• Torture, physical and psychological, is systematic;
• Prisoners are raped, routinely beaten, handcuffed 24 hours, given electric shocks and genital torture;
• Torture is used in prisons, military barracks and training camps;
• Security guards at the borders have orders to shoot to kill, and extra- judicial executions continue as before.

It is recommended that the government of Eritrea:

• Cease all forms of torture and inhuman and degrading treatment;
• Ensure the prompt and effective investigation of all allegations of torture and bring the perpetrators to justice;
• Ratify and implement CAD and CAT;
• Revoke the shoot-to-kill policy at borders;
• End the practice of extra-judicial execution;
• Institute humane policies for the control of its borders and the treatment of detainees and those seeking refuge elsewhere.

4. Child Soldiers and Child Labour

At the first Universal Periodic Review of Eritrea in 2009:

Eritrea Accepted recommendations from Slovenia, Norway, Algeria and South Africa, to implement the Convention on the Rights of the Child and to ratify the ILO Convention 182 on the worst forms of child labour, but Rejected recommendations from Germany, Argentina, the UK, Poland, and Ghana to end the recruitment of children under the age of 18 for military service, asserting that “there is no under-age recruitment in Eritrea’ military.

However,

• Eritrea’s treaty commitments have not been fulfilled;
• It is clear that compulsory military camps in Eritrea contain substantial numbers of children under 18, for military training and forced labour;
• To attend 12th grade schooling, students are forced to go to Sawa Military Training Camp in which they undergo 6 months of military training;
• HRCE interviewed a substantial number of ex-child soldiers who were rounded up and forced into military training and used in forced labour. Eritrea ratified the Forced Labour Convention, 1930 (No. 29) and the Abolition of Forced Labour Convention 1967 (No.105) on 22 February 2000. Eritrea also violates many other child rights; evidence of these violations is to be found in HRCE’s report on ‘Child Rights Violations in Eritrea’.

It is recommended that the Government of Eritrea to:

• Fulfil its treaty commitments;
• Ratify the ILO Convention 182 on the worst forms of child labour;
• Stop the recruitment of child soldiers into its armed forces;
• Ensure that no children under the age of 18 are forced to undertake labour for state or private enterprises;
• Provide protection to all children against torture, and inhuman and degrading treatment.

5. Collaboration with UN Special Procedures

At the first Universal Periodic Review of Eritrea in 2009:

Eritrea:

Considered nine recommendations by Turkey, Poland, Argentina, Chile, Spain, Ireland, Azerbaijan, Latvia and Norway to co-operate with UN Special Procedures, but merely stated that it would “consider invitations to the UN Special Rapporteurs on a case-by-case basis.”

However,

• Eritrea has not issued an invitation and has not agreed to requests made by:
• The Special Rapporteur on Freedom of Religion and Belief, in 2003 and 2005;
• The Special Rapporteur on the Right of Food in 2003;
• The Special Rapporteur on the Right of Freedom of Opinion and Expression;
• The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in 2005, 2007 and 2010;
• The Special Rapporteur on extra judicial, summary, or arbitrary executions in 2010, and;
• The Special Rapporteur on the situation of Human Rights in Eritrea since her appointment in November 2012.

It is recommended that the Government of Eritrea to:

• Reply immediately to requests by the Special Rapporteurs with invitations to visit Eritrea, and that it collaborate with the mandate-holders in implementing their mandates, especially the Special Rapporteur on the situation of human rights in Eritrea.