Tigray

• Eritrea: Extend the UN Special Rapporteur mandate and enshrine his “benchmarks for progress”

  To Permanent Representatives of Member and Observer States of the United Nations Human Rights Council (Geneva, Switzerland)

  Excellencies,

  Ahead of the UN Human Rights Council’s 50^th session (13 June- 8 July 2022), we, the undersigned non-governmental organisations, are writing to urge your delegation to support the adoption of a resolution that extends the mandate of the Special Rap­por­teur on the situation of hu­man rights in Eritrea. Moreover, we highlight the need for the Council to move beyond merely pro­ce­dural reso­lutions and to enshrine the “bench­marks for progress in improving the situ­a­tion of hu­man rights” by incorporating them into Eritrea-focused resolutions.

  In July 2021, the UN Human Rights Council maintained its scrutiny of Eritrea’s human rights situation. Consi­dering that moni­to­ring of and re­por­ting on the situation was still needed, the Council extended the Special Rapporteur’s mandate. This was vital to address both Eri­trea’s domestic human rights violations and atrocities Eritrean forces have committed in the neigh­bou­ring Tigray region of Ethiopia.

  In October 2021, Eritrea was re-elected for a second term as a Member of the Council (2022-2024). Yet the Government shows no willingness to address the grave human rights violations and abuses UN bodies and mechanisms have documented or to engage in a serious dialogue with the inter­national commu­ni­ty, including on the basis of the benchmarks for progress the Special Rappor­teur identified in 2019. Despite its obli­ga­tions as a Council Member to “uphold the highest standards in the promotion and pro­tection of human rights” and to “fully cooperate with the Council,” the Government refuses to co­ope­rate with the Special Rapporteur or other special procedure mandate holders. As of 2022, Eritrea remains among the very few countries that have never received any visit by a special procedure.[1]

  Furthermore, Eri­trean forces have been credibly accused of grave violations of international law in Tig­ray, some of which may amount to war crimes and crimes against humanity, since the conflict started in November 2020.

  The concerns expressed in joint civil society letters released in 2020 and 2021 remain va­lid. Key human rights issues in Eritrea include[2]:

  • Widespread impunity for past and on­going human rights vio­la­tions;
  • Arbi­trary arrests and in­com­mu­ni­cado de­ten­­tion;
  • Vio­lations of the rights to a fair trial, access to jus­tice, and due process;
  • Enforced disappearances and lack of infor­ma­tion on dis­appeared per­sons;
  • Conscription into the country’s abusive na­tional ser­vi­ce system, including in­de­finite national ser­vi­ce, involving torture, sexual vio­len­ce against women and girls, and forced labour; and
  • Restrictions on the media and media workers, as well as severe res­tric­tions on civic space.

  In 2019, when the former sponsors of Eritrea-focused resolutions, Djibouti and Somalia, discontinued their leadership, civil society welcomed the initiative a group of six States took to maintain multilateral scrutiny of Eritrea’s human rights situation. However, while welcoming the adoption of Human Rights Council resolutions 41/1 (2019), 44/1 (2020), and 47/2 (2021),[3] many civil society orga­ni­sations cau­tioned that any shifts in the Council’s ap­proach should reflect cor­responding changes in the human rights situation on the ground. Civil society also emphasised the need for the new core group, and for the Euro­pean Union (which sub­sequently took over sponsorship of these resolutions), to be ambitious.

  We believe that it is time for the Council to move beyond merely procedural resolutions that extend the Special Rappor­teur’s mandate, and to clearly describe and condemn violations Eritrean authorities com­mit at home and abroad.

  We also believe that the bench­marks for progress in improving the situ­a­tion of hu­man rights,[4] which form a comprehensive road map for human rights reforms, should be incorporated into this year’s resolution. These bench­marks[5] include:

  • Benchmark 1: Improvement in the promotion of the rule of law and strengthening of national jus­tice and law enforcement institutions;
  • Benchmark 2: Demonstrated commitment to introducing reforms to the national/military service;
  • Benchmark 3: Extended efforts to guarantee freedoms of religion, association, expression and the press, and extended efforts to end religious and ethnic discrimination;
  • Benchmark 4: Demonstrated commitment to addressing all forms of gender-based violence and to promoting the rights of women and gender equality; and
  • Benchmark 5: Strengthened cooperation with the United Nations country team.
  • Associated indicators outlined in paragraphs 78-82 of UN Doc. A/HRC/41/53, as well as all recom­­men­dations pertaining to the benchmarks formulated in successive reports of the Special Rapporteur, should also be referenced in the resolution.

  The Human Rights Council should allow the Special Rapporteur to pursue his work and the Office of the UN High Commissioner for Human Rights (OHCHR) to deepen its engagement with Eritrea.

  At its upcoming 50^th session, the Council should adopt a resolution:

  • Extending the mandate of the Spe­cial Rap­porteur on Eritrea;
  • Urging Eritrea to cooperate fully with the Spe­cial Rap­por­teur by granting him access to the country, in accordance with its obligations as a Council Member;
  • Welcoming the benchmarks for progress in improving the situ­a­tion of hu­man rights and associated indicators and recommendations, and em­phasising the need for Eritrea to in­corpo­rate these benchmarks in its institutional, legal, and policy framework. The resolution should enshrine the five benchmarks and associated indicators;
  • Calling on Eritrea to develop an implementation plan to meet the benchmarks for pro­gress, in consultation with the Special Rapporteur and OHCHR; and
  • Requestingthe High Commissionerand the Special Rappor­teur to present updates on the human rights situation in Eritrea at the Council’s 52^nd session in an enhanced interactive dia­lo­gue, and requesting the Special Rapporteur to present a comprehensive written report at the Council’s 53^rd ses­sion and to the General Assembly at its 77^th

   

  We thank you for your attention to these pressing issues and stand ready to provide your delegation with further information as needed.

  Sincerely,

  1. African Centre for Democracy and Human Rights Studies (ACDHRS)
  2. AfricanDefenders (Pan-African Human Rights Defenders Network)
  3. Amnesty International
  4. Asian Forum for Human Rights and Development (FORUM-ASIA)
  5. Cairo Institute for Human Rights Studies (CIHRS)
  6. Cercle des Droits de l’Homme et de Développement – DRC
  7. CIVICUS
  8. Civil Society Human Rights Advocacy Platform – Liberia
  9. Coalition Burundaise des Défenseurs des Droits de l’Homme (CBDDH)
  10. Coalition des Défenseurs des Droits Humains (CDDH-Bénin)
  11. Coalition Ivoirienne des Défenseurs des Droits Humains (CIDDH)
  12. Coalition Togolaise des Défenseurs des Droits Humains (CTDDH)
  13. Commonwealth Human Rights Initiative (CHRI)
  14. CSW (Christian Solidarity Worldwide)
  15. DefendDefenders (East and Horn of Africa Human Rights Defenders Project)
  16. Egyptian Initiative for Personal Rights (EIPR)
  17. Eritrea Focus
  18. Eritrean Law Society
  19. Eritrean Movement for Democracy and Human Rights (EMDHR)
  20. Eritrean National Council for Democratic Change (ENCDC)
  21. Eritrean Political Forces Coordination Committee (EPFCC)
  22. Forum pour le Renforcement de la Société Civile (FORSC) – Burundi
  23. Freedom United
  24. Geneva for Human Rights / Genève pour les Droits de l’Homme (GHR)
  25. Human Rights Concern – Eritrea (HRCE)
  26. Human Rights Defenders Network – Sierra Leone (HRDN-SL)
  27. Human Rights Defenders Solidarity Network – HRDS-NET
  28. Human Rights Watch
  29. Independent Human Rights Investigators – Liberia
  30. Information Forum for Eritrea (IFE)
  31. Institut des Médias pour la Démocratie et les Droits de l’Homme (IM2DH)
  32. International Commission of Jurists (ICJ)
  33. Lawyers’ Rights Watch Canada
  34. Network of Human Rights Journalists – The Gambia
  35. Network of the Independent Commission for Human Rights in North Africa (CIDH AFRICA)
  36. One Day Seyoum
  37. Protection International Africa
  38. Réseau des Citoyens Probes (RCP) – Burundi
  39. Réseau Nigérien des Défenseurs des Droits Humains (RNDDH)
  40. Southern Africa Human Rights Defenders Network (Southern Defenders)
  41. West African Human Rights Defenders Network (ROADDH/WAHRDN)
  42. World Organisation Against Torture (OMCT)

  [1] See https://spinternet.ohchr.org/ViewCountryVisits.aspx?visitType=all&Lang=en. The Special Rapporteur on Eritrea has conducted official visits to neighbouring countries, namely Ethiopia and Djibouti, as well as to other countries, and met with members of the Eritrean diaspora, including refugees, in these countries. All visit requests to Eritrea have been denied. Other special procedure mandate holders have requested, but were systematically denied, visits to Eritrea. They include special procedures on extrajudicial executions, freedom of opinion and expression, the right to education, the right to health, arbitrary detention, torture, freedoms of peaceful assembly and association, freedom of religion or belief, and the right to food (data as of 7 April 2022).

  [2] See DefendDefenders et al., “Eritrea: maintain Human Rights Council scrutiny and engagement,” 5 May 2020, https://defenddefenders.org/eritrea-maintain-human-rights-council-scrutiny-and-engagement/; DefendDefenders et al., “Eritrea: renew vital mandate of UN Special Rapporteur,” 10 May 2021, https://defenddefenders.org/eritrea-renew-vital-mandate-of-un-special-rapporteur/; CSW (Christian Solidarity Worldwide), “Eritrea: General Briefing,” 22 March 2022, https://www.csw.org.uk/2022/03/22/report/5629/article.htm (accessed on 7 April 2022).

  [3] Resolutions available at: https://undocs.org/en/A/HRC/RES/41/1; https://undocs.org/en/A/HRC/RES/44/1 and https://undocs.org/en/A/HRC/RES/47/2

  [4] See Human Rights Council resolution 38/15, available at: https://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/RES/38/15

  [5] See reports of the Special Rapporteur to the Council, UN Docs. A/HRC/41/53, A/HRC/44/23, and A/HRC/47/21.

• Human Rights Council adopts resolution to ensure scrutiny on Tigray

  CIVICUS welcomes a new Human Rights Council resolution which ensures Council scrutiny on the Tigray region of Ethiopia. This resolution is a vital step towards preventing further human rights violations and abuses in Tigray and furthering accountability.

  Since Prime Minister Ahmed Abiy came to power in April 2018, his initially much-lauded domestic reforms have been severely undermined by ethnic and religious conflicts that have left thousands dead. Conflict broke out in the Tigray region in November 2020 between the Ethiopian army and the leading party in the Tigray region, the Tigray People’s Liberation Front (TPLF). Since then, an overwhelming number of reports have emerged of abuses and violations of international humanitarian and human rights law, including a surge in sexual violence and assault, massacres of civilians, and reports of ethnic cleansing. There have been widespread arrests of and attacks against journalists covering the conflict. Ethiopia is currently on the CIVICUS Monitor's Watchlist.

  On 25 March 2021, the Office of the UN High Commissioner for Human Rights (OHCHR) and the Ethiopian Human Rights Commission (EHRC) announced a joint investigation into violations and abuses. The resolution adopted today ensures that the High Commissioner can update the Council on the situation of human rights in the Tigray region and on progress made in the context of the joint investigation during debates to be held in its next two sessions.

• Special Rapporteur's report on Eritrea at UN Human Rights Council

  Statement at 47th Session of the UN Human Rights Council

  Universal Periodic Review on Human Rights -- Special Rapporteur on Eritrea

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  CIVICUS and the Eritrean Movement for Democracy and Human Rights welcome the Special Rapporteur’s report and engagement with the mandate.

  Eritrea’s government remains one of the world’s most repressive. It has no independent civil society organizations or media outlets, imposing severe restrictions on freedom of expression and opinion, peaceful assembly, association and religion or belief. Eritrean forces have been implicated in violations in Ethiopia’s Tigray region.

  Both the High Commissioner and Special Rapporteur report a lack of progress, and still the government remains unwilling to address grave human rights violations and abuses. This is particularly concerning given that Eritrea is a Member of this Council.

  Human rights violations continue unabated including arrests and incommunicado detention and enforced disappearances. The indefinite national service continues and involves torture and forced labour.  In late 2020, Eritrean forces indiscriminately attacked civilians in Axum in the Tigray region, killing and injuring many, and destroyed property including healthcare facilities.

  We urge the Council to adopt a resolution renewing the mandate of the Special Rapporteur, and to mandate reporting on the role played by Eritrean forces in Ethiopia’s Tigray region since November 2020. We ask the Special Rapporteur: in the continued absence of cooperation by Eritrea, what other avenues for international pressure could be leveraged to engender progress?

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   Civic space in Eritrea is rated as 'Closed' by the CIVICUS Monitor. 

• The Human Rights Council must establish a mechanism on Ethiopia

  UN Human Rights Council – 33rd Special Session on Ethiopia
  December 2021
  Delivered by Lisa Majumdar

  Thank you, Madame President.

  We welcome the convening of this long overdue Special Session on Ethiopia. 

  The High Commissioner’s update to the Council in November highlighted the need for transparent investigations and accountability for what has been unfolding in the country over the past year. The conflict and the human suffering have both escalated since then. 

  Restrictions imposed have left humanitarian groups unable to carry out their work amidst increased humanitarian needs, food insecurity, and disruption of livelihoods. As a result of this loss in services, millions could be denied the aid they need to stay alive.

  Fragile gains made by civil society over the past few years are at great risk. It has become dangerous for national civil society to engage in public advocacy, with pressure imposed and threats perpetrated by both State and non-State actors, compounded by a sweeping state of emergency. The online space for dissent is radically shrinking. Numerous journalists have been detained, with at least nine still in custody at the beginning of this month. 

  The conflict itself has spread to neighbouring regions and threatens millions of civilians.

  There is a clear absence of any transparent and credible national accountability process for violations and abuses committed. Following calls from the High Commissioner and civil society, the Council must act on its prevention mandate, which was established to avert atrocity and crimes against humanity. It can do so by adopting a resolution that establishes an independent investigative mechanism mandated to investigate, report on, and to collect and preserve evidence of alleged violations and abuses of international human rights law and violations of international humanitarian law by all parties to the conflict.

  We thank you.