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Title: Eritrea Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
ERITREA
Eritrea became an independent state in May 1993, following a U.N.-
supervised referendum in which citizens voted overwhelmingly for
independence from Ethiopia. The Eritrean People's Liberation Front
(EPLF), which led the 30-year war for independence, has been in de facto
control of the country since it defeated Ethiopian army forces in 1991,
and its leader, Isaias Afwerki, serves as the President. The EPLF,
renamed the People's Front for Democracy and Justice (PFDJ), has
outlined an ambitious program for transition to a democratically elected
government by 1997. In April 1994, the National Assembly, partly
appointed by the PFDJ leadership and partly elected, created a 50-member
National Constitution Commission to draft a constitution by mid-1996.
Committee members and other high-ranking government officials have
stated that the constitution will provide for democratic freedoms,
including the rights of free assembly, free speech, and free
association.
The Government has made a sustained effort to reduce the armed forces,
over 95,000 strong by the end of the war for independence, to its
current 45,000 strength. The police are generally responsible for
maintaining internal security, although the Government may call on the
army and demobilized soldiers in times of internal disorder. The army
is responsible for external and border security. Since 1993 the army
has been forced to deal with the Eritrean Islamic Jihad (EIJ), a small,
Sudan-based insurgent group that has mounted sporadic terrorist attacks
in western Eritrea.
The economy and infrastructure, devastated by the war, are making a slow
recovery. The Government has passed a liberal investment code, but the
industrial sector has suffered from outmoded, centralized economic
practices and deteriorating capital equipment. More than 80 percent of
the population is involved in agriculture, mostly subsistence farming.
The Government continued to have strong public support and generally
respected the human rights of its citizens. However, problem areas
remain. In particular, the Government harassed and in some cases
arrested Jehovah's Witnesses for their refusal to vote in the referendum
on independence or participate in national service on religious grounds.
Prison conditions are generally Spartan, and the Government continued to
resist international monitoring of prisons. The Government did not
respond to questions about its human rights practices and did not
register or recognize domestic human rights nongovernmental
organizations (NGO's). In May the Government pardoned 91 detainees for
collaboration with the Mengistu regime. Fifty-two persons associated
with radical Islamic political elements or suspected terrorist
organizations remained in detention without charge. The number of
remaining detainees is unknown. The Government continued its strong
support of the rights of women and took steps to broaden women's
participation in politics. However, its implementation of laws to
improve women's status was uneven. Women generally have a lower status
than men, and female genital mutilation remained widespread.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for Integrity of the Person Including Freedom from:
a. Political and Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances. Several
members of the armed opposition group, the Eritrean Liberation Front-
Revolutionary Council (ELF-RC) were allegedly abducted from their
Sudanese camps in 1992 by Eritrean Government forces. The Government
continued to deny that they were in Eritrea, and--despite repeated high-
level inquiries--at year's end, the whereabouts of the missing rebels
remained unknown.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The Ethiopian Penal Code, as modified by the transitional Penal Code of
Eritrea, prohibits torture. The Government does not permit independent
monitoring of conditions in detention facilities. Prison conditions are
Spartan, but generally not inhuman. The Government does not permit
prisoners to correspond with family and friends and restricts visitation
privileges. There were isolated unconfirmed reports that prisoners were
beaten or may have died due to lack of proper medical care.
d. Arbitrary Arrest, Detention, or Exile
The current Penal Code stipulates that detainees may be held for a
maximum of 30 days without being charged with a crime. In practice,
authorities sometimes hold persons suspected of crimes for much longer
periods. On the second anniversary of independence in May, the
Government pardoned and released 91 detainees who had been held for up
to 4 years for collaboration with the Mengistu regime. At year's end,
an unknown number of additional suspected collaborators remained in
detention without charge, despite a statement by President Isaias in
September that their cases would be dealt with soon. Fifty-two persons
associated with radical Islamic elements or suspected terrorist
organizations also remained in detention without charge. There also
were unconfirmed reports that the Government detained arbitrarily
several ELF members (see Section 1.b.).
The Government does not use exile as a means of political control.
e. Denial of a Fair Public Trial
The judiciary is independent, and there were no known incidents of
executive interference in the judicial process over the past year. The
underdeveloped judicial system, however, suffers from a lack of trained
personnel, resources, and infrastructure which in practice limits the
State's ability to grant accused persons a speedy trial. At
independence Eritrea chose to retain the Ethiopian legal system based on
the Napoleonic Code, until the new constitution is promulgated. Under
this Code, simple crimes are brought to the lower court and heard by a
single judge. Serious crimes are tried publicly by a panel of three
judges, and defendants have access to legal counsel, usually at their
own expense. Although there is no formal public defender's office, the
Government successfully requests that attorneys work pro bono to
represent defendants accused of serious crimes who are unable to afford
legal counsel. Defendants may appeal verdicts to the Appellate Court,
which is composed of a President of the Court and five judges.
Since the population is largely rural, most citizens only contact with
the legal system is through traditional "courts." Village judges,
appointed by a panel of government magistrates, provide justice in civil
matters. Criminal cases are transferred to magistrates versed in
criminal law. Many local issues, for example property disputes and most
petty crimes are adjudicated by local elders according to custom or, in
the case of Muslims, the Koran. These traditional courts cannot give
sentences involving physical punishment.
Crimes committed by members of the military are handled by military
courts.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Under the law, warrants are required before the Government can monitor
mail, telephones, or other means of private communication. Warrants
also are required in routine searches and seizures, except in cases
where authorities believe individuals may attempt to escape or destroy
evidence. There is no indication that the Government monitored private
mail or telephone lines.
Section 2 Respect for Civil Liberties
a. Freedom of Speech and Press
The Government has repeatedly stated that the new constitution will
provide for freedom of speech and of the press, and citizens were
generally free to express opinions in various forums. In the past year,
however, the Government restricted the rights of the religious media to
comment on politics or government policies. A newspaper published by
the Catholic Church was ordered to shut down after it criticized the
Government's implementation of civil service cuts. The Government
controls the media, which include three newspapers, one radio station,
and one television station. Nonreligious print media are free to
criticize the Government, and a recent survey showed that about 14
percent of newspaper articles contained some criticism of a government
action or policy. Nonetheless, criticism tends to be limited and fairly
mild. Although there is no formal censorship body, it is likely that
the media practice at least some self-censorship.
b. Freedom of Peaceful Assembly and Association
A permit from the Ministry of Internal Affairs is required for a public
meeting or demonstration. In general permits are granted freely for
nonpolitical meetings or gatherings, and--although no political
demonstrations have occurred--there are no reports that permits for
political demonstrations were denied. The Government has stated that
the right to form political parties will be provided for in the new
constitution. However, the PFDJ has stated its opposition to the
formation of religiously or ethnically-based parties.
c. Freedom of Religion
Although the Government has stated that freedom of religion will be a
basic tenet of the new constitution, it has banned religious
organizations from any involvement in politics as defined by the
Government. A mid-July proclamation listed specific guidelines on the
role of religion and religiously affiliated NGO's in development and
government, stating that development, politics, and public
administration are the sole responsibility of the Government and people
of Eritrea. As a result religious organizations may fund, but not
initiate or implement, development projects. The proclamation also set
out rules governing the relations between Eritrean religious
organizations and foreign sponsors.
Government persecution of the small Jehovah's Witnesses community
continued in 1995. The Witnesses' refusal on religious grounds to vote
in the independence referendum or participate in the National Youth
Service program--which involves some military training--spurred
widespread criticism that the group was collectively shirking its civic
duty. The Government took arbitrary punitive measures against Jehovah's
Witnesses, including barring Witnesses from government employment,
evicting them from government housing, revoking their business licenses,
and refusing to issue them passports. Although the law provides for
penalties only for those who refuse to report for national service,
these harsh measures were applied to the entire Jehovah's Witnesses
community. The Government also refused to issue visas to two U.S.
citizens representing the worldwide Jehovah's Witness organization who
sought to interview local Witnesses.
In 1994 and 1995 many Muslim women refused to participate in the
National Youth Service on religious grounds, but the Government did not
take similar punitive measures against the Islamic community.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
In general, citizens may live where they choose and travel freely
internally. Some areas are restricted for security reasons. In
particular, clashes between government forces and EIJ members have led
the Government to restrict travel along much of the border with Sudan.
Some areas remain heavily mined, a legacy of the war for independence,
leading to additional travel restrictions. Citizens are largely free to
travel outside the country, although Jehovah's Witnesses, former
Ethiopian ruling party members, and intending emigrants have been denied
passports and can only leave the country by traveling overland to
Ethiopia. In general, citizens are guaranteed the right to return.
Instances in which citizens living abroad have run afoul of the law,
contracted a serious contagious disease, or been declared ineligible for
political asylum by other governments are considered on a case by case
basis. A pilot refugee return program resulted in the successful
repatriation of 25,000 refugees from Sudan by mid-1995. A further
100,000 of the estimated 400,000 refugees in Sudan are scheduled to
begin repatriation later this year under U.N. High Commissioner for
Refugees auspices.
Section 3 Respect for Political Rights: The Right of Citizens To
Change Their Government
Citizens do not currently enjoy this right, and credible reports suggest
that authority within the Government is very narrowly held. There is no
constitution and no provision for holding elections. The National
Assembly in 1994 created a 50-member National Constitution Commission to
draft a democratic constitution. The Commission is scheduled to
complete a draft of the constitution in early 1996, promulgate the
document soon afterwards, and hold elections by the end of 1997. The
transitional Government is dominated by the PFDJ.
In an effort to broaden the participation of women in politics, the PFDJ
has named 3 women to the party's Executive Council and 12 women to the
Central Committee. Women occupy seats on the Constitution Commission
and in the National Assembly and hold senior government positions,
including the ministerial portfolios of justice and tourism. As part of
a draft plan to establish regional legislatures, 30% of legislative
seats would be reserved for women who would also be able to compete for
remaining seats.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
The Government did not respond to questions about its human rights
practices by international organizations and continued to be unreceptive
to the formation of domestic human rights groups. The Government did
not respond to a list of human rights cases presented to it in 1994 by
concerned human rights groups and did not register or recognize domestic
human rights NGO's. The Foreign Ministry and the Ministry of Internal
Affairs are jointly responsible for handling human rights inquiries but
were slow to respond to allegations of human rights abuses.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Transitional Civil Code prohibits discrimination against women,
children, and people with disabilities.
Women
The Government has taken a firm stand against domestic violence; health,
police, and judicial authorities say that no serious domestic violence
problem exists.
The Government has taken a consistently strong stand in favor of
improving the status of women, many of whom played a significant role as
fighters in the struggle for independence. In 1991 the provisional EPLF
government codified a broad range of rights for women, providing for
equal educational opportunities, equal pay for equal work, and legal
sanctions against domestic violence. In 1994 the Third Party Congress
advocated more rights for women, including parity in the right to the
use of land and other property. Although Eritrea is a signatory to the
International Convention on the Elimination of All Forms of
Discrimination Against Women, the National Assembly has not yet passed
legislation implementing the Convention.
Much of society remains traditional and patriarchal, and most women have
an inferior status to men in their homes and communities. The law
provides a framework for improving the status of women, but these laws
were unevenly implemented, both because of a lack of capacity in the
legal system and ingrained cultural attitudes. In practice, males
retain privileged access to education, employment, and control of
economic resources, with disparities being greater in rural areas than
in cities.
Children
The Ministry of Labor and Human Welfare is responsible for government
policies concerning the rights and welfare of children. The Ministry
has little funding, and the Government does not generally regard child
welfare as a serious problem.
Female genital mutilation, which is widely considered by international
health experts as damaging to both physical and psychological health, is
practiced extensively on girls at an early age. The Government, through
the Ministry of Health and the National Union of Eritrean Women, is
actively discouraging this practice.
People with Disabilities
The long war for independence left thousands of men and women physically
disabled from injuries they received as guerrillas and as civilian
victims. The Government spends a large share of its meager resources to
support and train these war disabled, who are regarded as heroes, and
does not discriminate against them in training, education, or
employment. There were, however, no laws mandating access for the
disabled to public thoroughfares or public and private buildings.
Section 6 Worker Rights
a. The Right of Association
There are no government restrictions regarding the formation of unions,
including in the military, the police, and other essential services.
Labor association is encouraged by the Government. The Government
promulgated a proclamation providing workers the legal right to form
unions and to strike to protect their interests. The National
Confederation of Eritrean Workers, which was part of the EPLF during the
war, has reorganized since independence and become independent of both
the Government and the PFDJ. It represents over 20,000 workers from 129
unions. The largest union is the Textile, Leather, and Shoe Federation.
There were no reported strikes in 1995.
b. The Right To Organize and Bargain Collectively
Eritrea is a member of the International Labor Organization (ILO) and
worked closely with that Organization in 1993 to prepare the draft labor
code, which prohibits antiunion discrimination by employers and
establishes a mechanism for resolving complaints of discrimination. In
concert with U.S. and Israeli labor specialists, labor leaders are in
the process of developing a policy on cooperative associations. The
Government has indicated its intention to ratify several key ILO
conventions on labor--freedom of association, the right to bargain, a
labor administration system, and prohibitions against child labor--but
has not yet done so. The Labor Ministry has indicated that ratification
of the conventions may not occur until after the new constitution is
promulgated.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
There is no law or signed convention prohibiting compulsory labor.
There were no known instances of forced labor. All youth are required,
however, to participate in the national service program, which includes
military training as well as civic action programs. High school
students are also required to participate in a summer work program, for
which they are paid.
d. Minimum Age for Employment of Children
The legal minimum age for employment is 18 years, although apprentices
may be hired at age 16. While the Ministry of Labor and Human Welfare
is responsible for enforcement of laws pertaining to employment of
children, there is no inspection system in place to monitor compliance.
Despite the high rate of adult unemployment many children under age 18
work in commercial enterprises. According to labor officials, 50
percent of children are not able to attend school due to a shortage of
schools and teachers. Rural children who do not attend classes often
work on their family farms, while urban children often sell wares, such
as cigarettes, newspapers, or chewing gum, on the street.
e. Acceptable Conditions for Work
There are two systems regulating employment conditions: the civil
service system, and the labor law system. The free market determines
wage rates, and there is no legally mandated minimum wage in the private
sector. In the civil service sector wages vary from $25 to $200 per
month (150 birr to 1,200 birr), with factory workers (in government-
owned enterprises) earning the highest wages. Former guerrillas are
entitled to a monthly wage of at least $75 (450 birr).
The standard workweek in Eritrea is 48 hours, but many people work fewer
hours. There is no legal provision for a day of rest, but most workers
are allowed 1 to 1 1/2 days off per week. The Government has instituted
occupational health and safety standards, but inspection and enforcement
vary widely among factories. The draft labor law includes a number of
provisions concerning women, including one that states that women during
pregnancy shall not be assigned to jobs that could endanger their lives
or the lives of their unborn children. Workers are permitted to remove
themselves from dangerous work sites without retaliation.
(###)
[end of document]
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