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Eastern Africa
Report 2021
Index
INTRODUCTION
COMOROS
COUNTRY BACKGROUND
HUMAN RIGHTS EVENTS OF SEPTEMBER 2021
Franco-Comorian association mobilizes against the Azali Assoumani regime
Migrants crossing the Mozambique Channel to reach the French department of
Mayotte
DJIBOUTI
COUNTRY BACKGROUND
INTERNATIONAL AND REGIONAL INSTRUMENTS RELEVANT TO VIOLENCE AGAINST
WOMEN
FEMALE GENITAL MUTILATION IN DJIBOUTI
IMPLEMENTATION AND ENFORCEMENT BY DJIBOUTI
RECOMMENDATION
ERITREA
COUNTRY BACKGROUND
Enforced Conscription and Forced Labour in International and Regional Law
Enforced Conscription into Military Service and Forced Labour in Eritrea
Implementation and Enforcement by Eritrea
Recommendations
MADAGASCAR
COUNTRY BACKGROUND
HUMAN RIGHTS EVENTS - THE HUNGER ISSUE
MAURITIUS
COUNTRY BACKGROUND
HUMAN RIGHTS EVENTS - POLICE ABUSE
EasternAfrica
Report 2021
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Introduction
This report aims at highlighting the differentiating human rights-related issues occurring as present in
the eastern African continent. Its specific focus will be on Comoros, Djibouti, Eritrea, Madagascar, and
Mauritius. As it is of crucial importance to highlight the significant progressions and retrogressions of
the countries, this report covers selected key occasions as was present throughout September 2021.
Global Human Rights Defence (GHRD) calls upon the international and national communities,
stakeholders as well as governments for constructive policy changes and the support of one another in
realizing the full enjoyment of human rights of every individual, with a specific focus on those
belonging to marginalized and minority groups.
EasternAfrica
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Comoros
Country Background
The Union of Comoros is an island country, located off the
eastern coast of Africa, that shares maritime borders with
Madagascar, Mayotte, Mozambique, the Seychelles, and
Tanzania. The archipelago consists of the islands of Anjouan
(Ndzuani), Grand Comore (Ngazidja), and Mohéli (Mwali).
Comoros also claims the island of Mayotte (Maore) as part of its territory. Following independence
from France in 1975, the residents of Mayotte voted to remain in France and the island is now
considered a French overseas department. Including Mayotte, the islands have a total land area of
2,235 square kilometers.
The population of Comoros is estimated to be about 864,335 people. It is
one of the least populous and most densely populated countries in the
world. Comorians share mostly African-Arab origins with this ethnic
group accounting for 86% of the population. Islam is the dominant
religion with 98% of Comorians being Sunni Muslims. The official
languages are Comorian, Arabic, and French. Comorian, which is a Bantu
language related to Swahili and written in the Arabic script, is the most
common while French is the language of administration. Comoros has a
tropical and mild climate with two major seasons: a rainy, warmer season between November and
April and a dry, cooler season between May and October. One of the world's poorest countries, the
economy of Comoros is based on subsistence agriculture and fishing. Most food must be imported
as more than half of the land is not arable and domestic production is not meeting demand. Comoros
is the largest producer of the ylang-ylang flower, which is used in perfumes and fragrances.
Grand Comore, the largest and most populous island, hosts both the capital and the national seat of
government. The country is a federal presidential republic within which the president is both head of
state and head of government. The latest constitution was ratified in 2001 after a period under
military dictatorship. The legal system consists of a mixture between Islamic religious law, the 1975
1
French civil code, and customary law.
1. Central Intelligence Agency. (2021). Comoros. The World Factbook. https://www.cia.gov/the-world-factbook/countries/comoros/
EasternAfrica
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Human Rights Events of September 2021
Franco-Comorian association mobilizes against the AzaliAsso
umani regime
In April 2019, Colonel Azali Assoumani was re-elected president of
Comoros after obtaining an absolute majority of 59.1% of the votes.
Since then, his regime has banned and violently cracked down on any
protests that have taken place in the capital of Moroni. His
authoritarian tactics have led to the creation of a Franco-Comorian
association based in France – the Mabedja. In August 2021, five
members of the Mabedja traveled to Comoros to organize peaceful In
April 2019, Colonel Azali Assoumani was re-elected protests against
insecurity, high costs of living, sexual violence, and social inequalities.
Later that month, authorities arrested two activists, Chamoun Soudjay
and Farhane Attoumani, that participated in the demonstrations and
2
charged them with “crinal conspiracy to commit an attack”.
The activists were expected to appear before a judge at a Moroni court on September 6th. However,
the appearance did not take place, and both continue to wait for trial in prison. Comorian law
establishes that pre-trial detention can last four months and may only be renewed once. The time
period can be easily exceeded in practice. In response to their arrest, the Mabedja movement
organized another protest at the Place de l'Independance in Moroni. The demonstration did not
regimetake place since security forces had made the area inaccessible. Police made use of tear gas
canisters to disperse citizens gathered around the city. Comorians responded by erecting roadblocks
to block access to the capital's main roads and vacating markets and shops.3
On the day before the demonstration, freelance journalists Éric Chebassier and Julien Blanc-Gras
were not allowed to enter Comoros. The two Frenchmen were stopped at Prince Said Ibrahim
International Airport and forced to return to Addis Ababa. The journalists were supposed to be
traveling to Moroni to cover the peaceful march organized to protest the arrest of the two activists. In
response, Minister of the Interior Fakridine Mahamoud claimed during a press briefing that the
journalists had tried to enter the country without sufficient documentation. Equally as concerning is
the refusal of the security forces to disclose how many people were arrested during each of the
4
demonstrations.
2. Moussa, M. (2021, August 31). Arrestation de membres du MouvementMabedja I Les avocats dénoncent «un acharnement» contreleurs clients. Al-watwan.
https://alwatwan.net/societe/arrestation-de-membres-du-mouvement-mabedja-i-les-avocats-d%C3%A9noncent-%C2%ABun-acharnement%C2%BB-contre-leurs-clients.html
3. Youssouf, F. S. (2021, September 7). Union des Comores : les Mabedja tiennent tête au régime Azali Assoumani. Réunion la 1ère. https://la1ere.francetvinfo.fr/reunion/union-
des-comores-les-mabedja-tiennent-tete-au-regime-azali-assoumani-1096690.html
4. Abdoul-Djabar, N. (2021, September 3). Expulsion de deux journalistes français. Le ministre de l'Intérieur livre sa version. Al-watwan. https://alwatwan.net/politique/expulsion-
de-deux-journalistes-fran%C3%A7ais.-le-ministre-de-l%E2%80%99int%C3%A9rieur-livre-sa-version.html
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Migrants crossing the Mozambique Channel to reach the
French department of Mayotte
There is less than 100km between Comoros and Mayotte. For a migrant, this distance represents the
opportunity for a better life in a French overseas department. During the decolonization period of
the 1970s, the Comorian islands of Anjouan, Grand Comore, and Mohéli decided to gain
independence from France. Mayotte, on the other hand, voted to remain French. This decision led to
a large economic disparity between Mayotte, which prospered as part of the European Union, and
Comoros, which is one of the poorest countries in the world. To reach Mayotte, Comorian migrants
cross the Mozambique Channel on small kwassakwassa fishing boats. These boats are often in poor
condition and overloaded given that smugglers are aware that the likelihood of their vessel being
seized is quite high.
Many Comorians do not survive the journey and it is believed that between 200 and 500 people die at
sea every year, although the numbers might be much higher. Those who do survive sometimes get
captured by French border patrol, which leads to their deportation the next day without being able to
see a judge or lawyer. Comorians who reach Mayotte without being captured face new perils once
they arrive on the island. Undocumented migrants in Mayotte are often treated as foreigners and
some that arrived as children must wait years until they are granted citizenship. Migrants without the
proper documentation are unable to work legally or continue their education without facing the risk
of deportation.5 Despite the risks associated with the journey to Mayotte and the risk of deportation,
Comorian families continue crossing the Mozambique Channel in pursuit of a better life on the other
side.
5. Carver, E. (2018, February 14). Mayotte: the French migration frontline you've never heard of. The New Humanitarian.
https://www.thenewhumanitarian.org/feature/2018/02/14/mayotte-french-migration-frontline-you-ve-never-heardEasternAfrica
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Djibouti
Country Background
The Republic of Djibouti is located in the Horn
of Africa, bordered by Somaliland, Ethiopia,
Eritrea and the Red Sea and the Gulf of Aden. In
the late 1900s, a treaty signed between the
then-ruling Somali and Afar sultans and the
French, allowed the French to establish the
colony of French Somaliland. After gaining
independence in 1977, the Republic of Djibouti
was officially established, named after its capital city, Djibouti. After their independence from France,
Hassan GouledAptidon installed an authoritarian one-party regime and served as a president until
1999. Due to unrest among the Afar minority group over government representation, a civil war was
the result. The armed conflict between the Djiboutian government, supported by France, and the
Front for the Restoration of Unity and Democracy (FRUD) lasted from 1991 to 2001. The conflict
ended with a peace agreement between the government and the FRUD, and the FRUD became a
political party.
The current governmental situation is labeled a unitary dominant-party presidential republic, led by
president Ismaïl Omar Guelleh who has been president since 1999, making him the longest ruler of
Africa. On 11 April 2021, Guelleh was confirmed as president for yet another term, with results
showing he won over 97% of the votes.
Djibouti has about 938,413 inhabitants and a multi-ethnic population. The Somalis and the Afar make
up the two largest ethnic groups, with French and Arabic as official languages and Somali and Afar as
national languages. Nearly all Djiboutians practice Islam as religion, and the remaining 5% practice
Christianity. More than 75% of the population lives in the cities, predominantly in the capital Djibouti.
Due to the climate and the scarce natural resources, the country is dependent on imports for over
80% of its food from other countries.
Djibouti has a strategic geographic location at the intersection of the Red Sea and the Gulf of Aden,
and its ports handle 95% of Ethiopia's trade. The country, due to its location, is also a key transit point
for migrants and asylum seekers heading for the Gulf states and beyond. Since the armed conflict in
Yemen arose in 2015, it is now mainly Yemeni refugees fleeing to Djibouti in order to seek refuge there
or to travel further.
6. https://www.cia.gov/the-world-factbook/countries/djibouti
7. https://www.africanews.com/2021/04/11/djibouti-president-guelleh-wins-election-with-97-final-results/
8. July 2021, est.
9. https://www.cia.gov/the-world-factbook/countries/djibouti
10. S. Sémnani (2019), Expert Opinion IDMC; The Road From Yemen: Part 3. https://www.internal-displacement.org/expert-opinion/the-road-from-yemen-part-3 accessed on 20
September 2021.EasternAfrica
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International and Regional Instruments Relevant to
Violence Against Women
To set out the issue regarding women's rights in Djibouti, we must first provide an overview of
relevant human rights instruments, whether international or regional, which Djibouti signed and
ratified and must therefore adhere to. First, the international conventions include the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the
International Covenant on Civil and Political Rights (ICCPR), including its two Optional Protocols in
2002.
Another relevant treaty is the African Charter on Human and People's Rights and its Protocol on the
Rights of Woman in Africa (Maputo-Protocol), which Djibouti ratified in 2005. In this Protocol, the
term “harmful practices” is defined as all behaviour, attitudes and/or practices that negatively affect
the fundamental rights of and girls, such as their right to life, health, dignity, education, and physical
11
integrity. Article 5 of the Protocol sets out that States shall prohibit these harmful practices, through
legislative measures backed by sanctions, of all forms of female genital mutilation, scarification,
medicalization and para-medicalization of female genital mutilation and all other practices in order
to eradicate them.12 Next to this, Djibouti is a state party to theConvention on the Elimination of All
Forms of Discrimination Against Woman (CEDAW) since 1998. The adoption of the following national
legislative measures since the ratification of the CEDAW, include the amendment of the art. 333
Criminal Code in 2009, which criminalizes female genital mutilation.13 The amendment to the article
criminalizes a failure to report female genital mutilation and it amended art. 7 of the Criminal
Procedure Code to relax the conditions that need to be met by women's rights organizations for
bringing female genital mutilation cases before court.14
11. OCHR, Protocol to the African Charter on Human and People’s Rights on The Rights of Women in Africa,Maputa Protocol, art. 1(g).
https://www.ohchr.org/Documents/Issues/Women/WG/ProtocolontheRightsofWomen.pdf accessed on 22 September 2021.
12. Ibid, art. 5(b).
13. Art. 333, Djiboutian Criminal Code.
14. Art. 7, Criminal Procedure Code Djibouti.EasternAfrica
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Female Genital Mutilation in Djibouti
A large human rights issue in Djibouti remains the violence against women and girls, with inadequate
government action for prosecution and accountability, including female genital mutilation. The nearly
universal practice of female genital cutting reflects the lack of gender equality and is a major contributor
to obstetrical complications and its high rates of maternal and infant mortality. The persistence of
adverse cultural norms, practices, and traditions as well as patriarchal attitudes and deep-rooted
stereotypes regarding the identities and roles of women and men in society.15 The United Nations
Population Fund (UNFPA) describes female genital mutilation as 'a practice that involves altering or
injuring the female genitalia for non-medical reasons and involves the partial or total removal of the
external genitalia. It is internationally recognized as a human rights violation'.
The CEDAW Committee noted, in their 2013 report on violence against women in Djibouti, that such
stereotypes contribute to the persistence of violence against women as well as harmful practices against
them, including female genital mutilation. The Committee expresses the concern that Djibouti has not
taken sufficient and systematic action to eliminate these stereotypes, discriminatory cultural values, and
harmful practices.16 Next to this, it notes that the mutilation often leads to complications, caesarean
sections, excessive bleeding, prolonged labour and maternal death or death of the victim from the
infection.17 UNICEF reports in an article that there are three types of female genital mutilation practiced in
Djibouti, the most popular being the 'pharaonic type'.18 This entails the clitoris, and inner and outer labia
being removed with a razorblade, after which the two sides are stitched together. The Afar tradition
consists of female genital mutilation in the weeks after birth and the Somali tradition is mostly before
puberty, where the girls can be up to 15 years old.
Even with the measures taken by Djibouti to raise awareness about the harmful effects of female genital
mutilation, the Committee reported in 2013 that 93% of women and girls were exposed to female genital
mutilation, especially in rural areas. However, in 2020 the US Department of State stated in their Country
Report on Human Rights Practices that now 78% of girls and women older than 15 have been subjected
to female genital mutilation, which is a reduction.19
Analyzing art. 333 of the Criminal Code, it sets the punishment for conviction of female genital mutilation
at five-year term imprisonment and a fine of one (1) million DF and up to a year of imprisonment for
anyone convicted of failing to report a completed or planned female genital mutilation to proper
authorities.20 Subject to the conditions set out in art. 7 of the Criminal Procedure Code, NGOs can file
charges on behalf of victims. Despite the illegality, there are problems with enforcement of the articles
and to date, only one case has commenced before the Djiboutian court on 25 October 2020. This case was
about the genital mutilation of a 10-year-old girl, in which the mother and the professional 'cutter' were
both brought before a judge. The indictment was an official warning and six months detention if they
were to re-offend.21
15. UN Committee on Eliminating of Discrimination Against Woman, concluding observations of the Committee on the Elimination of Discrimination against Woman, (29 July 2011)
CEDAW/C/DJI/CO/1-3, p. 16.
16. Ibid.
17. Ibid, p. 18.
18. E. Gilliam (6 February 2019), Ending Female Genital Mutilation in Djibouti, UNICEF, https://www.unicef.org/stories/ending-female-genital-mutilation-djibouti accessed on 22 September 2019
19. US Department of State (2020) Country Report on Human Rights Practices in Djibouti 2020, https://www.state.gov/wp-content/uploads/2021/03/DJIBOUTI-2020-HUMAN-RIGHTS-REPORT.pdf
accessed on 21 September 2021.
20. Djibouti Criminal Code, Art. 333.
21. US Department of State (2020) Country Report on Human Rights Practices in Djibouti 2020, https://www.state.gov/wp-content/uploads/2021/03/DJIBOUTI-2020-HUMAN-RIGHTS-REPORT.pdf
accessed on 21 September 2021.EasternAfrica
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Implementation and Enforcement by Djibouti
Despite the efforts by the government and development agencies to curb the practice, culture and
tradition continue to slow down progress. According to Hassan Omar Mohammed, a member of
Parliament from the Djibouti House of Assembly, 'female genital mutilation is such a deeply-rooted
22
practice that has stood the test of time'.
In November 2020, the UN member states gathered in Nairobi, Kenya, to renew a promise made 25
23
years ago to end harmful practices against women and girls including female genital mutilation. In
this promise, and the reinforcement of this promise at the Nairobi Summit on ICPD25, in para. 5(a)
the parties must address sexual and gender-based violence and harmful practices in particular
24
female genital mutilation, by committing to strive for zero practices of female genital mutilation.
Therefore, the Government of Djibouti intensified raising awareness on the matter, in order to
commit to the 25th International Conference on Population Development commitments and to goal
5 of the Sustainable Development Goals (SDGs) to achieve gender equality and women
empowerment by 2030. In 2019, Djibouti created the Parliamentary Group of Population and
Development (PGPD), consisting of four men and four women members, to which Omar
Mohammed is the president. The objective of the PGPD is to contribute to the promotion and
protection of the fundamental rights of the population, to promote access to education, health,
family planning and to encourage implementation and enforcement of the program of the ICPD. In
order to harmonize international commitments on ICPD, the Djiboutian Government developed a
five-year 'National Strategy for the Abandonment of Female Genital Mutilation'. According to Omar
Mohammed, the main objective of the strategy is the promotion of total abandonment of female
genital mutilation by respecting physical integrity and promoting the health of women and girls.
25
However, social, and cultural norms and values make it difficult to implement these commitments.
Therefore, the practice remains widespread due to the common misconception that it is an integral
part of the religion of Islam, and to the fact that the practice is integrated into societal norms. To
eliminate female genital mutilation, the Government must alter the cultural and societal values of
the population.
22. M. Phakathi, (24 March 2020), Djibouti Intensifies Awareness-Raising Efforts Against FGM, Inter Press Service (IPS), http://www.ipsnews.net/2020/03/djibouti-intensifies-
awareness-raising-efforts-fgm/ accessed on 20 September 2021.
23. Nairobi Summit, 25th International Conference on Population Development (ICPD25): Accelerating the Promise (Nairobi Statement)
https://www.nairobisummiticpd.org/content/icpd25-commitments accessed on 22 September 2021.
24. Ibid, p. 5(a).
25. M. Phakathi, (24 March 2020), Djibouti Intensifies Awareness-Raising Efforts Against FGM, Inter Press Service (IPS), http://www.ipsnews.net/2020/03/djibouti-intensifies-
awareness-raising-efforts-fgm/ accessed on 20 September 2021.EasternAfrica
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Recommendation
In conclusion, the integrated practice of female genital mutilation and other harmful practices
against women violates numerous international and regional treaties and domestic legislation.
Therefore, the recommendation following these violations is as follows. The Government of Djibouti
must place a comprehensive strategy to eliminate harmful practices and stereotypes that
26
discriminate against women, in conformity with articles 2(f) and 5(a) of CEDAW. These measures
must include efforts to educate and raise awareness about harmful practices against women,
targeting the population at all levels of society, specifically traditional and religious leaders. Also, the
government must effectively enforce the prohibitions set out by their domestic legislation and
international obligations and put in place proper sanctions. They must provide adequate sanctions
for these crimes during the prosecutions and must ensure that victims have proper and
unconditional access to invoke their right to come before a competent forum to hear a case. The
government must, even more, intensify its awareness-raising campaigns targeting families,
practitioners, communities, religious leaders, health workers, judges, and police officers, with the
support of NGO's, to ensure the comprehension that female genital mutilation is a form of gender-
based violence and the harmful effects on women's (reproductive) health. The Government must
commit to their 5-year national strategy for complete abandonment of female genital mutilation and
must strive to a common conception and eliminate cultural stereotypes in Djibouti.
26. Convention on the Elimination of Discrimination Against Woman, arts. 2(f), 5(a).EasternAfrica
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Eritrea
Country Background
Eritrea is a country located in Eastern Africa,
with the capital Asmara, which means “they
27
[woman] made them unite”. Its neighboring
countries are Djibouti, Ethiopia, and Sudan. The
eastern and northeastern parts of Eritrea form a
coastline along the Red Sea. The country does
not have an official language but does have 8
recognized national languages and 3 working
languages: Tigrinya, English and Arabic.
In the early 1900s, Eritrea was a colony of the Kingdom of Italy. After the defeat of the Italian army,
Eritrea was administered by the British Military Administration until 1952. In 1952, the UN
established Eritrea as a region within the Ethiopian federation by a decision of the UN General
Assembly. In 1961, the Eritrean Liberation Front was established and from that moment fought the
Eritrean War of Independence. This armed conflict lasted 30 years until 1991 when the Eritrean
rebels defeated Ethiopian government forces and gained de facto independence. On 24 May 1993,
Eritrea was officially declared independent from Ethiopia after an independence referendum, where
the results were 99,83% in favour of independence from Ethiopia. The 24th of May is now annually a
national holiday in Eritrea. In 1998, a two-year-long border war with Ethiopia erupted, which ended
in 2001. In 2018, a declaration of peace and friendship between the two countries was signed.
Since the official independence in 1993, the decision-making power of the country has been in the
hands of President Isaias Afwerki. The country is a unitary one-party presidential republic, and
presidential or legislative elections have never been held. His rule can be labelled as highly
autocratic and repressive, as exemplified by his creation of a militarized society by pursuing
mandatory conscription into military service. The rights to freedom of association and expression as
entailed in numerous human rights treaty bodies are severely breached. NGOs such as Human
Rights Watch labelled the Eritrean government's human rights record as among the worst in the
world.28 Furthermore, according to the Committee to Protect Journalists in 2020, Eritrea is the most
censored country in the world and has more journalists arbitrarily detained than any other
country.29
27. https://www.cia.gov/the-world-factbook/countries/eritrea/ accessed on 8 September, 2021.
28. Human Rights Watch, World Report; 2019; Eritrea https://www.hrw.org/world-report/2019/country-chapters/eritrea# accessed on 8 September, 2021.
29. CPJ, December 2020 https://cpj.org/africa/eritrea/ accessed on 8 September, 2021.EasternAfrica
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Eritrea counts a total of 6,147,398 inhabitants,30 and it recognizes nine ethnic groups. These groups
are Tigrinya, Tigre, Saho, Kunama, Rashaida, Bilen, Afar, Beni Amir and Nera. The Tigrinya make up
55% of the population and the Tigre about 30%.31 The IWGIA states that there are about 4
indigenous peoples, the Afar, Beni, Amir and Nera.32 The religions of the population vary between
Sunni Islam, Coptic Christian, Roman Catholic and Protestant. Eritrea has not adopted the United
Nations Declaration on the Rights of Indigenous Peoples and there are no representative
organizations that defend the rights of indigenous peoples and therefore, they face a series of
challenges.33 Such as, the Afar, an ethnic group consisting of 4-12% of the total population.34
Although discriminatory practices have been common towards minority groups such as the Afar,
the overall population of Eritrea suffers from severe breaches of their fundamental human rights by
the Government as well. The Commission of Inquiry on Human Rights in Eritrea, acting under HRC
resolution 26/24, found in 2015 that systematic, widespread, and gross human rights violations
35
have been and still are being committed by the Government of Eritrea against its population. In the
same report, the Commission found that the violations in areas of extrajudicial executions, (sexual)
torture, national service and forced labour constitute crimes against humanity and violate
36
international and regional law.
30. July 2021 est.
31. https://www.cia.gov/the-world-factbook/countries/eritrea/ accessed on 8 September, 2021.
32. https://www.iwgia.org/en/eritrea.html, 18 March 2021.
33. https://www.iwgia.org/en/eritrea.html, 18 March 2021.
34. International Work Group on Indigenous Affairs, 2020 IWGIA; Eritrea https://www.iwgia.org/en/eritrea.html accessed on 8 September, 2021.
35. UNGA, HRC, Report of the Commission of Inquiry on Human Rights in Eritrea, 4 June 2015 A/HRC/29/42, p. 66.
36. Ibid.EasternAfrica
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Enforced Conscription and Forced Labour in
International and Regional Law
Specifically focusing on the compulsory military service and forced labour compelled by the Eritrean
government, there are numerous treaty bodies that Eritrea needs to adhere to. In relation to forced
labour and enforced conscription into national service, Eritrea has ratified the following
international treaties on human rights. The Convention on the Rights of the Child from 1994,
together with Optional Protocol on the Involvement of Children in Armed Conflict and the Sale of
Children, Child Prostitution and Child Pornography of 2005. Article 27(1) of the Convention sets out
that States must recognize the right of every child to a standard of living adequate for mental,
spiritual, moral, and social development, and in art. 32(1) States must undertake that the child is
protected from economic exploitation and from performing work that is likely to be hazardous or to
interfere with the child's education or development. Eritrea also ratified the African Charter on the
Rights and Welfare of the Child (2000). Furthermore, the International Covenant on Economic, Social
and Cultural Rights (ICESC) was ratified in 2001 by Eritrea, as well as the International Covenant on
Civil and Political Rights (ICCPR) in 2002. In the ICCPR, article 8 is of particular importance to this
report, since it sets out that no one shall be held in slavery, servitude or be required to perform forced
or compulsory labour. There is an exception to forced or compulsory labour, which is any service of a
military character in countries where conscientious objection is recognized.39 Eritrea also ratified the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in
2014.40 In this convention, the term torture is described as any act by which severe pain or suffering,
mental or physical, is inflicted intentionally on a person for a list of purposes when it is inflicted by or
41
at the instigation of or with the consent of a public official or other person acting in official capacity.
42
Finally, Eritrea has also ratified the African Charter on Human and People's Rights in 1999. Not only
does this ratification entail the adherence of fundamental human rights set out in it, but also a
Commission is set up to which State violations of the Charter are held accountable. For example, in
2007 the Commission held Eritrea accountable for arbitrary detention incommunicado without trial
eighteen journalists. The committee decided on 30 May 2007 that articles 1, 6, 7(1), 9 and 18 of the
43
ACHPR were violated.
39. Ibid, art. 3(c)(ii).
40. Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, UNGA Res. 39/46, 10 December 1984.
41. Ibid, art. 1(1).
42. African Charter on Human and People's Rights.
43. African Committee on Human and People's Rights, 275/03: Article 19/Eritrea, 30 May 2007.EasternAfrica
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Enforced Conscription into Military Service and Forced
Labour in Eritrea
In 1995, the Government issued a Proclamation on national service, complementing previous laws,
and called for the conscription of all 18-year-old Eritreans. In 2002, a campaign was launched where
boys and girls were required to commence military training for six months when they reach twelfth
grade at the Sawa training center. In reality, according to the abovementioned Commission's report,
children are forcibly recruited, and conscripts end up serving the military for an indefinite period of
44
time. Conditions during the military training and service are harsh, including a lack of adequate
food, water, hygienic facilities, accommodation, and medical services. These conditions may result in
death, severe disabilities, or psychological and physiological long-term effects. Conscripts are
deprived of their fundamental rights to freedom of movement, religion, expression and their right
not to be subjected to torture.
Moreover, the Committee notes that sexual violence against women and girls is widespread in the
45
military training camps. Enforced domestic service of women and girls, who are at the same time
sexually abused in the camps, amounts to sexual slavery. The Committee considers this to fall under
torture.
Conscription is sometimes carried out by mass roundups to seize draft evaders and deserters in an
indiscriminate, forceful manner. This occasionally leads to death and forced entry into private life.
Amnesty International reports that the conscripts must serve for an indefinite period of time,
extending far beyond the legal limit of 18 months. Many of the conscripts have already served for
decades and earn approximately 50 dollars a month.46 Considering the indefinite duration of
military service, leaving is nearly impossible. Thus, the enforced conscription can result in the
international crimes of arbitrary detention, torture, sexual torture, forced labour, absence of leave
and ludicrous pay.
“In particular, the commission finds that national service violates the rights of Eritreans to life; to
liberty and security; not to be tortured or subject to cruel, inhuman or degrading treatment; to be
treated with humanity and inherent dignity of the human person while deprived of liberty; to be
recognized everywhere as a person before the law; to enjoy freedom of thought, conscience, religion,
expression and movement; to privacy and family life; to education; to the highest attainable
standard of physical and mental health; not to be subjected to forced labour; and to gain one's life by
work freely chosen or accepted. It also violates the right of children not forcibly enrolled in armed
47
forces.”
44. UNGA, HRC, Report of the Commission of Inquiry on Human Rights in Eritrea, 4 June 2015 A/HRC/29/42, p. 67.
45. Ibid, p. 68
46. Amnesty International Report 2020/21, p. 155.
47. UNGA, HRC, Report of the Commission of Inquiry on Human Rights in Eritrea, 4 June 2015 A/HRC/29/42, p. FIND PARAEasternAfrica
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Most conscripts in the national service are subject to forced labour, working on infrastructure, for
example. The working conditions, according to Amnesty, amount to inhuman and degrading
conditions and can even amount to torture.48 Additionally, many Eritreans, including under-age
students, elderly persons and prisoners are also subject to forced labour outside of the mandatory
national service under the threat of penalty or punishment.
Even during the COVID-19 pandemic, the strict lockdown in Eritrea has not withheld the government
from exercising the enforced indefinite conscription and forced labour upon the population, as stated
by the UN Special Rapporteur.49 No conscripts were released from Sawa during the pandemic, despite
the risk of exposure to the virus.50
Further, Eritreans who attempt to avoid conscription or escape from the military are severely
punished and arbitrarily deprived of their liberty.51 Therefore, many Eritreans are fleeing the country in
order to avoid the mandatory national service, mostly seeking refuge in Tigray.52 The UNHCR Refugee
Agency reported that the fate of an estimated 24,000 Eritreans are currently trapped in two refugee
camps in Ethiopia's Tigray region as the fighting, which started in November 2020, between the armed
53
groups escalates around the camps.
48. Amnesty International Report 2020/21, p. 155.
49. OHCHR. “Statement of Ms Daniela Kravetz, United Nations Special Rapporteur on the situation of human rights in Eritrea.” 75th Summit of the General Assembly, Social,
Humanitarian and Cultural Issues (Third Committee, 26 October 2020.
50. https://www.hrw.org/world-report/2021/country-chapters/eritrea accessed on 10 September 2021.
51. UNGA, HRC, Report of the Commission of Inquiry on Human Rights in Eritrea, 4 June 2015 A/HRC/29/42, p. 77.
52. Amnesty International Report 2020/21, p. 155.
53. UNHCR Eritrean Refugees in Tigray Caught Up in Conflict, 27 July 2021, https://www.unhcr.org/news/briefing/2021/7/60ffc4d44/eritrean-refugees-tigray-caught-conflict.html
accessed on 10 September 2021.EasternAfrica
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Implementation and Enforcement by Eritrea
The 2015 Report of the Commission of Inquiry on Human Rights in Eritrea made recommendations
of implementing measures to prevent further violations of the international and regional human
rights instruments. A following report by the Commission in 2017 has not induced any action by the
Eritrean government either. Recent factors of the global COVID-19 pandemic and the ongoing
conflict in Tigray where the Eritrean armed forces also play a role, have not positively impacted the
progress made in terms of implementation of the recommendations. As previously stated, violations
against the fundamental human rights of the population of Eritrea are still ongoing, specifically
because the government has not withdrawn the forced conscription and forced labour.EasternAfrica
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Recommendations
In conclusion, the governmental regime's forced labour and enforced conscription into national
service practices, systematically occurring since 1993,violate numerous international and regional
human rights instruments. Therefore, the recommendation following these violations is as follows.
The Government of Eritrea must discontinue indefinite national service, by limiting it to 18 months
for all current and future conscripts. Next to this, the government must provide for conscientious
objection by law and exemptions from service for reasons relating to physical or mental health or
family needs. A military code needs to be established, which expressly prohibits the conscription of
children under 18 and ill-treatment, harassment, exploitation, or torture of conscripts and provide
for adequate standards of living during the time of service. Also, the Sawa training center needs to be
closed when there is a threat to health following the COVID-19 pandemic. The final recommendation
is to establish a complaint mechanism, which must be independent and impartial, for every
conscript to raise their issues or allegations of the violation of their rights under the military code or
their fundamental human rights.EasternAfrica
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Madagascar
Country Background
Madagascar, also known as the big red island, is the
largest African island located in the Indian Ocean,
about 450 km east of the coast of Mozambique. The
country is the fourth- largest island in the world and
has been isolated for about 88 million years, which, in
consequence, have led plants and animals to evolve in
a relatively isolated environment, giving them
characteristics that are unique to the island. Despite the relevance of intensive rice cultivation, the
land is used primarily for pastoral purposes.54 55
Located about 400 km from mainland Africa, situated between 800 and 1,400 meters above sea
level, Madagascar has an area of 587,041 km², and its capital is Antananarivo. The island is slightly
larger than France, its former colonizer. Carrying strong characteristics from the colonial times, the
Malagasies do not consider themselves to be Africans, however, the island developed political,
economic and cultural ties mostly with the French-speaking countries of Western Africa. The African
56
country is geographically close to Comoros, Mauritius, Mozambique, Réunion, and South Africa.
Madagascar has been inhabited by humans for only 1,300 years, which is a relatively small period
when compared to other parts of the globe. Today, the country has more than 22 million citizens
that speak mainly Malagasy and French. The majority of the population is Malagasy, which is divided
into about 20 ethnic groups, the largest one being the Merina people. The country's society was
traditionally divided into three hereditary based classes: the nobles, the freeman and the former
slaves and descendants. This class division is not officially used anymore, however, they still form
57
the basis for economic and social distinctions until today.
54. Madagascar - Agriculture, forestry, and fishing | Britannica. (2021). In Encyclopædia Britannica. https://www.britannica.com/place/Madagascar/Agriculture-forestry-and-fishing
55. klaus kästle - nationsonline.org. (2014). Madagascar - Republic of Madagascar - Country Profile - Republique de Madagascar - Repoblikan'i Madagasikara - Africa - Tourism
Madagascar. Nationsonline.org. https://www.nationsonline.org/oneworld/madagascar.htm
56. Madagascar - Agriculture, forestry, and fishing | Britannica. (2021). In Encyclopædia Britannica. https://www.britannica.com/place/Madagascar/Agriculture-forestry-and-fishing
57. Madagascar - Agriculture, forestry, and fishing | Britannica. (2021). In Encyclopædia Britannica. https://www.britannica.com/place/Madagascar/Agriculture-forestry-and-fishingEasternAfrica
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Human Rights Events - The Hunger Issue
“Kéré”, in Malagasy, means famine.
Unfortunately, this is a very common
word to describe the situation of the
Malagasies. Madagascar is one of the
poorest countries in the world, and
that is one of the main reasons why
malnutrition is widespread in the
country. Madagascar is ranked 162
out of 189 countries in the Human
Development Index, which uses the
human capabilities of development,
such as life expectancy and years of schooling to evaluate the development of a country. As a matter of
fact, over a third of households lack adequate food at any given time of the year.5859
However, the starvation issue in Madagascar goes further than poverty. Weak government agencies, a
delicate political scenario and frequent climate hazards have also contributed to the urgent humanitarian
situation in the island country. A study from Action Against Hunger shows that some villages – especially in
the south of the country, where there is a more arid condition – have exceeded the emergency threshold
for global acute malnutrition (15%) established by the World Health Organization. In fact,, the country has
the fourth-highest malnutrition rate in the world.60
The study deliberates that between 1980 and 2010, the country suffered 35 cyclones and floods, five
periods of severe drought, five earthquakes and six epidemics. Nonetheless, the issues continued until
today and have been worsened by the COVID-19 pandemic. Madagascar had its worst drought in 40 years
in 2020. Consequently, the south of the island will not produce even half of its usual harvest, prolonging
the crisis even longer. The lack of water also causes other problems such as low rainfall levels leading to
fewer sources of clean water, and as a result, water-borne illnesses such as diarrhea have been increasing.
The catastrophic scenario forced thousands of Malagasies to leave their homes in search of food, and
those who stayed barely survived taking extreme measures such as foraging for wild food, such as wild
leaves and locusts.61
The situation is worsened when the children aspect is put into light. The World Food Program stated that
the Global Acute Malnutrition (GAM) level in children under five years in Madagascar has doubled over the
58. Madagascar | Hunger Relief in Africa. (2014, March 20). Action against Hunger. https://www.actionagainsthunger.org/countries/africa/madagascar
59. Madagascar: Severe drought causes hunger crisis - Madagascar. (2021, July 23). ReliefWeb. https://reliefweb.int/report/madagascar/madagascar-severe-drought-causes-hunger-
crisis
60. Madagascar | Hunger Relief in Africa. (2014, March 20). Action against Hunger. https://www.actionagainsthunger.org/countries/africa/madagascar
61. Madagascar's hungry “holding on for dear life”, WFP chief warns. (2021, June 23). UN News. https://news.un.org/en/story/2021/06/1094632EasternAfrica
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last four months, to 16.5 per cent. The website of the United Nations said that the district of Ambovombe
is among the worst affected, where GAM rates of 27 per cent indicate a life-threatening scenario for many
children. Most of them – 3 out of 4 – have dropped out of school and are now on the streets begging for
food.62
Regarding the COVID-19 pandemic, it has worsened the recession and the level of unemployment of the
Malagasies has increased. Many families relied on the income to get through the lean season, which peaks
between January and April. That is also the reason why children had to drop out of school – the families did
not have enough money to pay for the school fees.63
All in all, the hunger issue in Madagascar can be seen as a cycle. The drought that has been going on for
three consecutive years, the extreme poverty of many Malagasies, the government inercia, and, more
recently, the COVID-19 pandemic have all had an impact on the food insecurity problem in the country,
which makes it harder to break this hunger cycle every year. International organizations, such as WFP and
Action Against Hunger have been working non-stop in order to help the population with food assistance,
but so far, they could reach only 600,000 people, when there is more than 1 million facing food insecurity in
the country.64
The right to live is the most basic right of all. However, this is not the case for many individuals in
Madagascar. No human being should be put in a position of starvation when the world produces double
the necessary to feed every person on Earth. The issue must be addressed in the mass media, put in the
spotlight, so there would be more open channels to help – financially and humanitarianly speaking – and
to raise awareness about it. International Organizations are conducting relevant work in the country, but it
is not even close to solving the problem permanently.
In Madagascar, the main reason for that is climate change, something that, to be resolved, requires a
collective pact – from countries, big companies, organizations, and individuals – for a more sustainable
and eco-friendlier world, which is even harder to accomplish. But it is necessary to make the Malagasies
have dignity and effective quality of life
62. Madagascar's hungry “holding on for dear life”, WFP chief warns. (2021, June 23). UN News. https://news.un.org/en/story/2021/06/1094632
63. Madagascar: Severe drought causes hunger crisis - Madagascar. (2021, July 23). ReliefWeb. https://reliefweb.int/report/madagascar/madagascar-severe-drought-causes-hunger-
crisis
64. Madagascar: Severe drought causes hunger crisis - Madagascar. (2021, July 23). ReliefWeb. https://reliefweb.int/report/madagascar/madagascar-severe-drought-causes-hunger-
crisisEasternAfrica
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Mauritius
Country Background
Mauritius is a subtropical island group in the Indian Ocean, located on
the eastern coast of Africa. Its outlying territories are Rodrigues Island,
located 340 miles eastward, the Cargados Carajos Shoals, 250 miles
northeastward, and finally the Agalega Islands, 580 miles northward
from the main territory. All of them combined, the country has an area
of 791,509 square miles. Mauritius also claims sovereignty over the
Chagos Archipelago, 1,250 miles to the northeast, even though this claim is disputed by Britain.
Madagascar is the closest country, about 500 miles east of its territory.
The country now has a mixed developing economy based on several options, such as manufactured
exports, agriculture, tourism, and financial services. The government has tried in order to diversify the
economy, considering that Mauritius has been, throughout most of its history, dependent on sugar
production.
The data from 2018 shows that the country's population comprises
about 1,265,300 people and two-third of them are of Indi-Pakistani
origin. Moreover, one-fourth of the population is Creole, a mix of
French and African descent. There are also smaller groups of Chinese
and French-Mauritian descent.
Although English is the official language, the most spoken idiom in
Mauritius is Creole, the lingua franca of the country. Indo-Aryan is
spoken by one-tenth of the population and a smaller percentage
speaks French. When it comes to religion, about fifty per cent of the
Mauritians are Hindus, and one-third of them are Christians, most of
whom are Catholics. The majority of the remaining Mauritians are
Muslims.
The country gained its independence on March 12, 1968, adopting a constitutional monarchy run by the
British monarchy for more than twenty years. In 1991, an amendment passed providing a republican form of
government, with a president as the head of State. The island is divided into districts, and the above-
mentioned outlying territories each have a dependency status.
Many Comorians do not survive the journey and it is believed that between 200 and 500 people die at sea
every year, although the numbers might be much higher. Those who do survive sometimes get captured by
French border patrol, which leads to their deportation the next day without being able to see a judge or
lawyer. Comorians who reach Mayotte without being captured face new perils once they arrive on the island.
Undocumented migrants in Mayotte are often treated as foreigners and some that arrived as children
must wait years until they are granted citizenship. Migrants without the proper documentation are unable to
work legally or continue their education without facing the risk of deportation. Despite the risks associated
with the journey to Mayotte and the risk of deportation, Comorian families continue crossing the
Mozambique Channel in pursuit of a better life on the other side.
65. Mauritius | Facts, Geography, & History | Britannica. (2021). In Encyclopædia Britannica. https://www.britannica.com/place/Mauritius
66. Mauritius | Facts, Geography, & History | Britannica. (2021). In Encyclopædia Britannica. https://www.britannica.com/place/Mauritius
67. Site designed and built by Hydrant (http://www.hydrant.co.uk. (2013, August 15). Mauritius. The Commonwealth. https://thecommonwealth.org/our-member-
countries/mauritius
68. Mauritius | Facts, Geography, & History | Britannica. (2021). In Encyclopædia Britannica. https://www.britannica.com/place/Mauritius
69. Mauritius | Facts, Geography, & History | Britannica. (2021). In Encyclopædia Britannica. https://www.britannica.com/place/Mauritius
70. Mauritius | Facts, Geography, & History | Britannica. (2021). In Encyclopædia Britannica. https://www.britannica.com/place/MauritiusEasternAfrica
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Human Rights Events - Police Abuse
The Human Rights report of the Mauritius' government from 2020 addressed important human
rights issues regarding the detention conditions for inmates as well as the treatment they received.
They include unlawful or arbitrary killing by police officers; lack of investigation of and accountability
by them, torture, and degrading punishment to inmates.71
The main issue, unlawful or arbitrary killing, is defined by the African Commission on Human and
People's Rights (ACommHPR) General Comment 3 as:
“[A] deprivation of life is arbitrary if it is impermissible under international law, or under more
protective domestic law provisions. Arbitrariness should be interpreted with reference to
considerations such as appropriateness, justice, predictability, reasonableness, necessity and
proportionality. Any deprivation of life resulting from a violation of the procedural or substantive
safeguards in the African Charter, including on the basis of discriminatory grounds or practices, is
arbitrary and as a result unlawful.” (OAU; ACommHPR, 2015).72
With that being said, the scenario in Mauritius is addressed as a serious case of unlawful killings: on
May 5, 2020, Jean Cael Premes, was found dead at a high- security prison in Phoenix. The cause of
death was a hemorrhagic shock, after being hit multiple times by a blunt object. Five prison guards of
the Correctional Emergency Response Team were arrested, and the investigation continues until this
day. There are also cases from 2015, like the killing of Iqbal Toofany - while in custody after a routine
73
traffic stop. The guards involved in the case were acquitted because of a lack of proof.
By international standards, the right to life is guaranteed. The African Charters of Human and
Peoples' Life states that “Human beings are inviolable. Every human being shall be entitled to respect
for his life and the integrity of his person. No-one shall be arbitrarily deprived of his right” (p. 37).
Nonetheless, unlawful killings continue to happen in the country, even though the island is a
member of the United Nations and the African Union, which provides international documentation
74
and treaties against it.
Besides allegations of arbitrary killings by the police, there are more complaints against them. There
are constant allegations of torture and other cruel, inhuman, or degrading treatment or punishment.
Although they are against the law, police abuse is a serious matter in the country. The major problem
in this scenario is impunity. In September 2020, four boys accused two police officers at the Beau
Bassin Correctional Youth Center of physical assault, and they were only reprimanded, giving them
75
the space and courage to act and work outside the law without losing any part of their jobs.
71. MAURITIUS 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY. (n.d.). https://www.state.gov/wp-content/uploads/2021/03/MAURITIUS-2020-HUMAN-RIGHTS-REPORT.pdf
72. KKIENERM. (2020). Counter-Terrorism Module 8 Key Issues: Arbitrary Deprivation of Life. Unodc.org. https://www.unodc.org/e4j/en/terrorism/module-8/key-issues/arbitrary-
deprivation-of-life.html
73. MAURITIUS 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY. (n.d.). https://www.state.gov/wp-content/uploads/2021/03/MAURITIUS-2020-HUMAN-RIGHTS-REPORT.pdf
74. Thompson, K., & Giffard, C. (n.d.). Reporting Killings as Human Rights Violations How to document and respond to potential violations of the right to life within the international
system for the protection of human rights. Retrieved September 27, 2021, from https://www.refworld.org/pdfid/4ec105562.pdf
75. MAURITIUS 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY. (n.d.). https://www.state.gov/wp-content/uploads/2021/03/MAURITIUS-2020-HUMAN-RIGHTS-REPORT.pdfEasternAfrica
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Knowing that this situation is not limited to Mauritius and that it happens with certain frequency, the
Office of the High Commissioner for Human Rights (OHCHR), in the Declaration on the Protection of
All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (1975) states, in article 5, that “The training of law enforcement personnel and of other
public officials who may be responsible for persons deprived of their liberty shall ensure that full
account is taken of the prohibition against torture and other cruel, inhuman or degrading treatment
or punishment”.76
Therefore, the solution to end the torture and the degrading punishment is to effectively train police
officers and everyone who shall be involved in the detention process of a person to treat them as
humans, for they deserve the rights to live in dignity while serving their sentence despite
their actions. Furthermore, it is also imperative to inspect frequently how the detention rules are
being applied to certify that torture and other cruel, inhuman, or degrading treatment and
punishment are not happening anymore. Finally, it is important to hold the police officers that
abused their power accountable. Reprimands are not enough when such situations can happen
again. Therefore, it is necessary to take measures further, such as firing them from the
establishment.
76. OHCHR | Declaration on the Protection of All Persons from Being Subjected to Torture. (2019). Ohchr.org.
https://www.ohchr.org/en/professionalinterest/pages/declarationtorture.aspxEastern Africa
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