Eritrea: A Country Under the Sway of a Dictatorship - Desertion, Refuge & Asylum - Pro Asyl

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Eritrea: A Country Under the Sway of a Dictatorship - Desertion, Refuge & Asylum - Pro Asyl
Eritrea:
A Country
Under the Sway
of a Dictatorship
Desertion,
Refuge & Asylum
Eritrea: A Country Under the Sway of a Dictatorship - Desertion, Refuge & Asylum - Pro Asyl
Imprint

Publication
Eritrea: A Country Under the Sway of a Dictator-
ship, Desertion, Refuge & Asylum

July 2018

Cover Painting
                                                    Editorial
Zecarias Tedros
                                                    This booklet is based in large part on the
Cover Design                                        contributions of the conference “Eritrea
Jürgen Tauras                                       and the Ongoing Refugee Crisis”, which
www.taurasfotografik.de
                                                    took place in Brussels on 19 October
Publisher                                           2017.
Connection e.V.                                         Some of the speeches were written
www.Connection-ev.org                               and edited by the editors. Other contri-
Eritrean Law Society (ELS)                          butions were provided by the speakers
http://erilaw.org                                   themselves. The editors have supple-
Eritrean Movement for Democracy                     mented this with up-to-date information
and Human Rights (EMDHR)                            and articles in order to provide a com-
www.emdhr.net                                       prehensive overview of the situation in
Europe External Policy Advisors (EEPA)              Eritrea, the situation of Eritrean refugees
www.eepa.be                                         and initiatives and activities.
Förderverein PRO ASYL                                   The conference was organized by the
www.proasyl.de                                      Eritrean Movement for Democracy and
War Resisters’ International                        Human Rights, Europe External Policy
www.wri-irg.org                                     Advisors (EEPA), PRO ASYL e.V., Con-
                                                    nection e.V., War Resisters’ International
Editor
                                                    and the Eritrean Law Society.
Connection e.V.
Rudi Friedrich                                          Support from the Representation of
Von-Behring-Str. 110                                the State of Hesse to the European Un-
D 63075 Offenbach                                    ion as well as from Stiftung Umverteilen!
ph: +49 69 82 37 55 34
                                                    - Foundation for a Solidarity World and
fax: +49 69 82 37 55 35
office@Connection-eV.org                              A.J. Muste Memorial Institute was essen-
www.Connection-eV.org                               tial in bringing the conference about.

2                                                  Eritrea: A Country Under the Sway of a Dictatorship, July 2018
Eritrea: A Country Under the Sway of a Dictatorship - Desertion, Refuge & Asylum - Pro Asyl
Contents

Introduction                                                         Martin Plaut
Rudi Friedrich                                                       The European Union and Eritrea                  34
Eritrea: A Country Under the Sway of a Dictatorship 4                Project of the Conference
Publication: Mining and Repression in Eritrea                    6   Eritrea Hub - A New Blog                        35
Eritrea: Factsheet and Map                                       7   J. Nastranis
                                                                     Security Council Back Dutch Sanctions Against   41
Conference Participants                                              Eritrean and Libyan Traffickers
EU Condemned for Refugee Policy                              10
                                                                     Europe External Policy Advisors (EEPA)
Israel                                                               Adressing Criminalisation of Refugees           42
                                                                     and Impunity of Human Trafficking
Hotline for Refugees and Migrants
Ruling: Major Victory for Eritrean Asylum Seekers 11                 Europe External Policy Advisor (EEPA)
                                                                     Head of Eritrean Embassy Office in The Hague      44
Mirjam van Reisen and Gilad Liberman                                 declared ‘Persona non Grata’
Thousands are Threatened by Deportation                      12
                                                                     Europe External Policy Advisor (EEPA)
Europe External Policy Advisor (EEPA)                                Sweden: Eritreans No Longer Required to Go to   45
African Migrants in Israel will                              13      Eritrean Authorities for Family Reunion
Not be Deported, Government Says
                                                                     Europe External Policy Advisor (EEPA)
United Nations and Eritrea                                           Eritreans March Peacefully outside              49
                                                                     UNHCR Office in Cairo
Sheila B. Keetharuth
Crimes Against Humanity Continue                             14      Naomi Stocker
to be Perpetrated by Eritrea                                         Ethiopia ‘Fully Accepts Peace Deal’             50
                                                                     to End Eritrea Border War
Permanent Mission of Eritrea to the UN
Reaction to the Conference                                   16      Situation of Women
PRO ASYL
                                                                     Asia Abdulkadir
Numbers about Eritrean Refugees                              18
                                                                     The Situation of Women and Girls in Eritrea     53
Personal Story of an Eritrean Refugee                                Selam Kidane
                                                                     Military Service and Women                      56
Filmon Debru
My Personal Story                                            19      Martin Plaut
                                                                     Eritrean Women: “Take Human Rights Abusers      58
Eritrea: State, Government                                           to International Criminal Court!”
and Causes of Displacement
                                                                     Human Rights
Gaim Kibreab
Reflection on the Causes of Displacement                      22      Alex Jackson
Dawit Mesfin                                                         Human Rights Abuses and Religious Persecution 60
Government in Perpetual Crisis                               28      Sarah Ogbay
                                                                     The Eritreans’ unaccompanied Child Migrants     62
European Union: Eritrea and Asylum Regime
Daniel Mekonnen                                                      Eritrean Refugees in African Countries
Understanding the EU Asylum Regime                           30
                                                                     Adane Ghebremeskel
Swiss Refugee Council
                                                                     Precarious State of Eritrean Refugees           64
Difficult Situation for Fact Finding Mission                   31
                                                                     in Selected African Countries
European Council on Refugees and Exiles (ECRE)
Switzerland: Eritreans Face Possible Deportation 33                  Publisher and Organizers of the Conference      71

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Eritrea: A Country Under the Sway of a Dictatorship - Introduction

                                                                                 100 participants from over 40 international
                                                                                 organisations, while the strategy meeting was
Eritrea: A Country Under the Sway                                                attended by around 40 individuals.

                  of a Dictatorship                                              Eritrea – a country where
                                                                                 arbitrariness is commonplace
The situation facing refugees and the prospects                                  Eritrea gained its independence in 1993 after
                 for building solidarity networks                                waging decades of armed conflict against
                                                                                 Ethiopia. Since then, this state in eastern
                              * Introduction by Rudi Friedrich                   Africa has been ruled by the People’s Front
                                                                                 for Democracy and Justice (PFDJ), the suc-
                                                                                 cessor to the Eritrean People’s Liberation
                                                                                 Front (EPLF), an armed organisation which
                                                                                 fought for the country’s independence from
                                                                                 Ethiopia. Party chairman Isaias Afwerki has
                                                                                 been the country’s president and head of its
                                                                                 national assembly ever since Eritrea became
                                                                                 an independent country.
                                                                                      The country’s constitution, though adopted
                                                                                 by the constitutive national assembly shortly

                    O     n 19 and 20 October 2017, we met up
                          with other organisations in Brussels for
                    a one-day conference entitled “Eritrea and
                                                                                 after independence, has never entered into
                                                                                 force. Instead, President Afwerki ordered the
                                                                                 drafting of an alternative constitution which
                    the ongoing refugee crisis” and, the next day                has never been made public. The president
                    to hold a strategy meeting of groups and                     and his government are not elected - elec-
                    initiatives engaged in the topic of refugees                 tions have never been held. In fact, there has
                    from Eritrea. “I believe it was useful gather-               never even been an assembly of the ruling
                    ing to discuss [the] refugee crisis [which is]               party. One of the speakers at the Brussels
                    one of the hottest issues at present and [to]                conference, Martin Plaut, an expert on the
                    find out solutions for [the] root causes of [the]             Horn of Africa and for a long time Africa edi-
                    refugee exodus in general and [of] Eritreans                 tor for BBC World Service News, wrote in an
                    in particular in the country of origin, transit              article: “Eritrea is run in an arbitrary manner
                    and host countries” is what one participant                  by the president and his closest associates,
                    reported back to us afterwards. And the                      with many of the normal administrative func-
                    conference certainly was unique, in that it                  tions of a state almost completely absent. For
                    was the first time there had been a platform                  example, Eritrea has no annual budget and
                    for Eritrean and international experts on the                the revenues from the mines are not publicly
                    country to shed light on the refugees’ pre-                  accounted for. The country has a bifurcated
                    dicament before a well-informed audience of                  economy, with much of its economic activ-
                    EU parliamentarians, representatives from                    ity controlled by the party, or held offshore.
                    EU member states as well as refugees them-                   The normal checks and balances that exist in
                    selves. The conference attracted more than                   most nations around the world are absent.”1
                                                                                      Arbitrariness and human rights abuses
                                                                                 are widespread. Mike Smith, chair of the UN
                                                                                 Commission of Inquiry on Human Rights in
                                                                                 Eritrea, reported on 6 June 2016: “Eritrea is
                                                                                 an authoritarian State. There is no independ-
                                                                                 ent judiciary, no national assembly and there
                                                                                 are no other democratic institutions in Eritrea.
                                                                                 This has created a governance and rule of
                                                                                 law vacuum, resulting in a climate of impunity
    * Rudi Friedrich: A Country Under the Sway of a Dictatorship. May 2018       for crimes against humanity to be perpetrated
                                                                                 over a quarter of a century. These crimes are
      Rudi Friedrich is General Secretary of Connection e.V. in Germany. He      still occurring today.”2
    is engaged in achieving recognition of the human rights of conscientious
    objectors, and acknowledgement of the persecution which conscientious             The war with Ethiopia between 1998 and
                         objectors and deserters face as a reason for asylum.    2000 left Eritrea highly militarised. Human

4                                                                          Eritrea: A Country Under the Sway of a Dictatorship, July 2018
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Eritrea: A Country Under the Sway of a Dictatorship - Introduction

rights organisations and the United Nations                 ic policy which is hostile to private property    Demonstration in
have condemned the arbitrary arrests and                    and enterprise. The situation is severely          Frankfurt/Main.
                                                                                                              © Rudi Friedrich
killings, torture, political persecution, inhu-             exacerbated by the arbitrary governance and
man detention conditions, forced labour, and                punishment regime that permeate the na-
clampdown on the freedom of movement,                       tional service reflected in the total absence of
opinion, belief and religion. Since the war                 rules that regulate important issues such as
with Ethiopia, all men and women between                    annual leave, what kind of punishment should
the ages of 18 and 50 have been required to                 be meted out for a particular wrongdoing as
perform military service, which is supposed to              well as the relationship between commanders
be limited to 18 months but is usually extend-              and conscripts. This has given the command-
ed for years. Conscripts are often forced to                ers free rein or a licence to do whatever they
work in agriculture or the administrative sec-              want, including administering inhumane and
tor and are subject to abuse. Military service              degrading punishments, exploiting the con-
is the main reason, but not the only reason,                scripts’ labour power for personal gain and
that Eritreans leave the country.                           perpetuating sexual violence against female
     Eritrean emigrant Gaim Kibreab, a re-                  conscripts.”3
search professor at London’s South Bank                         Another speaker at the conference, Asia
University who published a book in 2017 on                  Abdulkadir, a Nairobi-based gender expert
Eritrean national service, used the Brussels                engaged in the Network of Eritrean Women
conference to explain the main reasons why                  (NEW), highlighted the many different ways in
many Eritreans decide to flee the country:                   which women are exposed to violence. “To-
“One of the significant drivers of displacement              day, women in Eritrea remain discriminated in
is the indefinite and open-ended national                    all areas of life. There are a number of legal
service and its negative consequences on the                reforms aimed at formalizing gender equality;
social fabric of Eritrean society and house-                however, they are not upheld in practice.”4
hold livelihoods” he said. “The indefinite                   Female genital mutilation is widespread,
national service has prompted the collapse of               affecting 89% of women. Rape victims often
the livelihood systems throughout the country               have no option but to marry their rapist. “The
as exacerbated by the unfavourable econom-                  everyday practice of sexual abuse of wom-

Eritrea: A Country Under the Sway of a Dictatorship, July 2018                                                              5
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Eritrea: A Country Under the Sway of a Dictatorship - Introduction

                    en,” Asia Abdulkadir continued, “and general         a 2% tax on their total income. The univer-
                    harsh conditions within the national service         sity’s study found that the levying of this tax
                    causes many young women to opt for early             is arbitrary, has no clear objectives and is
                    marriage, unwanted pregnancy and interrup-           mandatory.6 As long ago as 2011, the UN
                    tion of educations.”                                 Security Council noted that “Eritrea is us-
                        The conference concluded with a debate
                    on whether the arbitrary system prevailing in         Publication
                    Eritrea is solely the result of inadequate gov-
                    ernance or whether it is not a wider, system-
                                                                          Mining and Repression in Eritrea
                    atic phenomenon. Martin Plaut observed that           In June 2018 the UK based organisation
                    the Eritrean government operates systemati-           Eritrea Focus published a report on Min-
                    cally and is turning the current situation to its     ing and Repression in Eritrea. The report
                    own advantage. One example he noted was               provides a unique insight into the opera-
                    the exploitation of mines in cooperation with         tions of Eritrea’s little-studied mining sector
                    the Canadian firm Nevsun Resources Limited             and explains the critical role mining plays in
                    in an arrangement where conscripts are used           financing the regime of Eritrea. The report
                    as forced labour in the mining of gold.5              can be found at https://eritrea-focus.org/
                        Another example is the collection of              mining-repression-in-eritrea/
                    exile taxes, a topic which the University of
                    Tilburg in the Netherlands addressed in a
                    study dated June 2017. Mirjam van Reisen,            ing extortion, threats of violence, fraud and
                    who worked on the study, told conference             other illicit means” to levy taxes from its own
Maltese navy        participants that consulates and embassies,          citizens outside the country.7 Eritrea also
ships to block
migratory routes.   acting on behalf of the Eritrean government,         puts pressure on family members still living in
© Rudi Friedrich    charge individuals requiring consular services       Eritrea, or even goes so far as to arrest them,

6                                                                  Eritrea: A Country Under the Sway of a Dictatorship, July 2018
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Eritrea: A Country Under the Sway of a Dictatorship - Introduction

as a way of forcing Eritreans in the diaspora               mid-March 2017), the International Organisa-
to pay this exile tax. Migrants’ money is thus              tion for Migration (IOM) has noted a recent
becoming a major source of income for the                   surge with over 4,500 people crossing into
Eritrean regime.                                            Ethiopia.” But that is just one of the neigh-
     One particularly cynical example is the                bouring countries to which Eritreans flee,
way in which the Eritrean regime is benefit-
ing from the flight of its citizens. “The Eritrean            Eritrea
government controls its borders rigorously,                  Independence                                 1993 from Ethiopia
including implementing a policy of ‘shoot to                 Size                                               121,144 km2
kill’ for anyone attempting an unauthorised                  Capital                                                 Asmara
crossing. At the same time there is mounting                 Number of Inhabitants                                     5.2 m
evidence that the same government not only                   Currency                                                  Nakfa
controls the illicit flight of its own citizens but           Gross National Product (GNP)                          $ 1,49 bn
profits from it. Eritrean nationals are the key               HDI Index*                                            Rank 179
traffickers in the smuggling operation. Eritre-                Population below the poverty line                    not known
ans were directly involved in the supervision
and torture of their countrymen and women                    * The Human Development Index) is a composite statistic (composite
held captive in the Sinai. They used their                   index) of life expectancy, education, and per capita income indicators,
                                                             which are used to rank countries into four tiers of human development.
skills to extract the highest ransoms. The evi-              A country scores higher HDI when the lifespan is higher, the education
dence therefore points to a highly organised                 level is higher, and the GDP per capita is higher. The HDI is used to
network of senior officers and officials, who,                   measure the country‘s development by the United Nations Development
                                                             Program (UNDP). In 2015 the first of a total of 188 ranks was Norway‘s,
together with Eritrean nationals abroad, con-                the United States ranked 10th and Germany ranked 4th. Information by
trol human trafficking of Eritreans for profit.”8               Human Development Report 2016
     What this means in practice was ex-
plained in vivid terms by Filmon Debru, whom
we had invited to the conference to share his                                                                Saudi Arabia
personal experiences as a refugee. “I was                        Sudan
kidnapped from a Sudanese refugee camp                                                The Red Sea
and taken to the north of Egypt in chains,
where I was imprisoned and tortured,” he                              Eritrea
explained. “In the end, my family and friends
managed to raise the ransom money needed
to secure my release.” However, due to the                        Sawa
sepsis brought on by the wounds he had sus-                                                   Dahlak-Islands
tained, he had to have a number of fingers on                             Asmara
                                                                                           Massawa
both hands amputated. The conference par-
ticipants were full of admiration for the way
                                                                                                                         Yemen
he was overcoming his disability and carrying
on with his life in Germany with fresh resolve.

Thousands take flight every month                                                                             Assab
Sheila Keetharuth, the UN special rapporteur
on the situation of human rights in Eritrea,
opened the conference with a speech which
touched upon her June 2017 report to the                                                                             Djibouti
Human Rights Council9, stating: “I have found                     Ethiopia
that Eritrean citizens continue to suffer arbi-
trary arrest, incommunicado detention, death
in custody, enforced disappearance, sup-
pression of religious freedom and a national
                                                                                                                       Somalia
service system that in effect, amounts to
enslavement, that women in national service                 alongside Sudan, Djibouti or even Yemen. It
continue to be subjected to harassment and                  is thought that 5,000 people, out of a popu-
sexual abuse.”                                              lation of four million, flee the country every
    Her report also contained the latest data               month.10
on refugees. “Since the beginning of 2017 (till

Eritrea: A Country Under the Sway of a Dictatorship, July 2018                                                                         7
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Eritrea: A Country Under the Sway of a Dictatorship - Introduction

                  Eritreans were the fifth-largest group           by the European Asylum Support Office
              of refugees who reached Europe via the              (EASO).14 The EASO is an EU authority, and
              Mediterranean in 2016 - a figure of 21,253           adopting a report from a non-EU state in itself
              individuals, or 6%. And yet Eritrea was the         is a novelty.
              only one of the top five countries which was             What is special about this report is that
              not affected by armed conflict. In Germany, a         downplays the situation in Eritrea by offering
              total of 12,291 Eritreans applied for asylum in     a detailed account of the Eritrean govern-
              2016.11                                             ment’s position. The Swiss Refugee Council
                  For the most part, Eritrean refugees stay       commented on this as follows: “For the most
              in one of Eritrea’s neighbouring countries, but     part, the migration authorities conducting
              there are many who risk their lives by trying       fact-finding missions in Eritrea were only able
              to make their way to Europe. For a number           to conduct interviews with Eritrean govern-
              of destinations, Eritrea ranks as one of the        ment officials and foreign diplomats, and with
              main sources of refugees. Some European             other actors that were directly or indirectly
              countries including Switzerland, Germany            dependent on the Eritrean government.
              and Denmark do their utmost to downplay             Procuring country information in this manner
              the catastrophic human rights situation and         renders it impossible to comply with key inter-
              the risk of persecution which refugees face.        national standards. Information provided by
              In Germany, this has already led to a situa-        the Eritrean government cannot be checked
              tion where a dwindling number of Eritreans          against independent local sources.”15 And
              gain full refugee status, with refugees being       yet, ever since the report was published, it has
              granted the weaker legal status of “subsidiary      been used in a wide variety of court cases
              protection” instead. As recently as the begin-      to assess the situation in Eritrea and pass
              ning of 2016, almost every Eritrean was rec-        decisions in asylum proceedings. This one-
              ognised as a refugee; but the figure slumped         sided, interests-driven report, is thus becom-
              to just 54% in 2017.12 Given that conditions        ing a point of reference for enforcing a more
              under Eritrea’s military dictatorship are as        repressive approach in asylum proceedings.
              grim as they ever were, that is a development           Besides taking a more restrictive ap-
              which cannot be justified.                           proach to asylum proceedings, the European
                                                                  Union and other European countries are also
              Restricting refugee flows and the                    looking to stem migration flows. Frontex, the
              Khartoum process                                    EU’s border and coast guard agency, was
                                                                  established in 2004 to coordinate uniform
              “Eritreans come to Europe primarily for the         border management throughout the EU. The
              social benefits.” That comment was sent to           aim is to block the potential migratory routes
              us shortly after our conference report came         and prevent refugees from leaving transit
              out from someone who had been inspired              countries like Libya, Egypt and Tunisia. The
              by Dominik Langenbacher, former Swiss               EU’s efforts to do this rely on cooperative
              ambassador to Ethiopia and Somalia, and             arrangements with governments and despots
              his enthusiasm about a migration policy that        in these countries. Take Libya, for example,
              makes economic potency and working ability          where the EU cooperates with leaders from
              the sole acceptable criteria for migration. The     the various militias. The academic journal
              human rights situation in the countries refu-       Foreign Policy’s take on this is as follows:
              gees are fleeing, it would appear, no longer         “Visits to five different detention centers and
              has any bearing13 - that is a cynical attitude      interviews with dozens of Libyan militia lead-
              to take towards people at the mercy of those        ers, government officials, migrants, and local
              inhumane conditions.                                NGO officials indicate that it is the conse-
                  The downplaying of catastrophic human           quence of hundreds of millions of dollars in
              rights conditions and the risk of persecution       pledged and anticipated support from Euro-
              people face in various countries is com-            pean nations as they try to stem the flow of
              monplace among politicians in Europe these          unwanted migrants toward their shores. The
              days, and Eritrea is a good case in point.          European Union has so far pledged roughly
              Switzerland and Germany conducted fact-             $160 million for new detention facilities to
              finding missions in Eritrea in February and          warehouse migrants before they can be
              March 2016, and the subsequent report by            deported back to their home countries and
              Switzerland’s State Secretariat for Migration       to train and equip the Libyan coast guard so
              was taken on board, practically unchanged,          that it can intercept migrant boats at sea.”16

8                                                           Eritrea: A Country Under the Sway of a Dictatorship, July 2018
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Eritrea: A Country Under the Sway of a Dictatorship - Introduction

  Israel: Protest March from the Refugee Detention Center. Photo: ActiveStills.org

Eritrea: A Country Under the Sway of a Dictatorship, July 2018                                                  9
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Eritrea: A Country Under the Sway of a Dictatorship - Introduction

                      This policy tallies with proposals tabled               to Libyan detention camps in which rape,
                  by Antonio Tajani, president of the European                torture and slavery are routinely practiced. Fi-
                  parliament, who called on the EU to open                    nally, closing the Central Mediterranean route
                  refugee reception centres in Libya.17 Mar-                  for refugees desperate to escape Africa’s
                  tin Plaut’s response to this is that: “Libyan               notorious dictatorships will have a disastrous
                  centres should not become ‘concentration                    impact on people – many of them children –
                  camps’, (Tajani) is quoted as saying, but                   who have risked all to flee from repression.”19
                                                                                  The Khartoum process, as it is known,
 Conference Participants                                                      adds another dimension to efforts to repel ref-
                                                                              ugees. “It aims to prevent people from leav-
 European Union Condemned for Attempting                                      ing their country of origin in the first place, no
 to Close Mediterranean to Refugees                                           matter whether it is plagued with civil war or
                                                                              authoritarian regimes are in power,”20 writes
 (October 20, 2017) As more than 30 organisations, who                        Maria Oshana in Luxemburg magazine.
 are currently meeting in Brussels on the issues facing Eri-                      EU interior and foreign ministers con-
 trean refugees, we note with deep concern the statement                      vened in Rome on 28 November 2014 to
 of the President of the European Council, Donald Tusk                        adopt the “Khartoum Declaration”. Repre-
 [Thursday 19 October 2017] saying that: ‘We have a real                      sentatives from 58 European and African
 chance of closing the Central Mediterranean route’.                          countries took part in negotiations. The Khar-
     Mr Tusk was commenting on decisions made by EU                           toum process aims to tackle irregular migra-
 leaders at yesterday’s summit in Brussels, which agreed                      tion flows and criminal networks by intensi-
 to offer Italy more help with Libya in shutting down the sea                  fying cooperation between the EU and the
 route for refugees and migrants, by stepping up funds for a                  countries of origin and transit. Cooperation
 special fund for northern Africa.                                            arrangements are to be established with the
     The EU is already working with Libyan coastguards to                     countries of origin Ethiopia, Sudan, Eritrea,
 forcibly return Africans to Libyan detention camps in which                  South Sudan, Somalia, Djibouti and Kenya
 rape, torture and slavery are routinely practiced. Finally,                  and with the transit countries Libya, Egypt
 closing the Central Mediterranean route for refugees des-                    and Tunisia. Germany will play a leading role
 perate to escape Africa’s notorious dictatorships will have                  in this regard, reports Amnesty Internation-
 a disastrous impact on people – many of them children –                      al,21 which adds: “The Foreign Ministry and
 who have risked all to flee from repression.                                  the Federal Ministry for Economic Coopera-
     We urge European politicians not to adopt this fortress                  tion will attend management committee meet-
 Europe policy, turning their backs on the most vulnerable                    ings, while the German development agency
 refugees and betraying the sacred principles enshrined in                    GIZ (Gesellschaft für Internationale Zusam-
 the human rights and other treaties they are signatories to.                 menarbeit) will chair the controversial ‘Better
 Statement of participants of the conference “Eritrea and the Ongoing
                                                                              Migration Management’ project. This project,
 Refugee Crisis”, Brussels, October 20, 2017.                                 which runs from April 2016 until March 2019,
                                                                              is a border protection scheme designed to
                                                                              support criminal prosecution authorities and
                  should have adequate equipment to ensure                    border officials in east African countries. The
                  refugees live in dignified conditions with                   aim is to standardise migration policies in
                  access to sufficient medical care. In reality,                east African countries and build up a regional
                  the detention centres are little short of the               migration management system.”22
                  ‘concentration camps’ Tanjani describes.                        If we take Eritrea as an example, we can
                  The atrocious conditions have been well                     see how far-reaching the implications are.
                  documented and are known to the European                    The Plan of Action comprises a project to
                  authorities.”18 The conference coincided with               “strengthen the human and institutional ca-
                  a meeting of EU leaders in Brussels at which                pacity of the [Eritrean] government in the fight
                  it was decided to offer stronger support for                 against human trafficking and smuggling.”23
                  Italy’s work with the Libyan authorities. “We               Under the pretext of “Better Migration Man-
                  have a real chance of closing the Central                   agement” this means to “strengthen the fight
                  Mediterranean route,” Donald Tusk, president                against irregular migration.”24 Amnesty Inter-
                  of the European Council, said afterwards.                   national wrote in August 2017 that “training
                  This prompted spontaneous remarks from                      courses are planned under the programme
                  participants at the post-conference strategy                in Eritrea to raise awareness among national
                  meeting: “The EU is already working with                    authorities and judicial officers about human
                  Libyan coastguards to forcibly return Africans              trafficking and smuggling.”25

10                                                                      Eritrea: A Country Under the Sway of a Dictatorship, July 2018
Eritrea: A Country Under the Sway of a Dictatorship - Introduction

    In light of the situation in Eritrea and                for Eritrean refugees around the world. That
knowing that the majority of Eritrean refugees              plan worked out. A brainstorming session and
will be granted at least subsidiary protection,             various working groups on day two yielded
“strengthening the human and institutional                  a number of ways in which the groups could
capacity of the Eritrean government” can                    take their cooperation to the next level:
only mean supporting the regime’s efforts to                 ▪ Already online is a website at https://
repress its own population. “The idea behind                    eritreahub.org with many background
that,” Maria Oshana says, is to “keep them                      information and updates about activities.
away from protection under asylum law in                    ▪ There could be evolved a better worldwide
the EU and Germany.”26 But what it also                         communication of activists for justice and
means is that the regime is being given carte                   democracy in Eritrea. One example are
blanche to carry on exploiting its own people.                  the activities against the planned depor-
                                                                tations of Eritrean refugees in Israel to
Conference and strategy meeting                                 Rwanda and Uganda. End of April 2018

This was the political backdrop against which
Connection e.V., the Eritrean Movement for                   Hotline for Refugees and Migrants
Democracy and Human Rights, the Eritrean
Law Society, War Resisters’ International,                   Ruling: Desertion from the Eritrean Military
Pro Asyl and Europe External Policy Advisors                 is a Valid Claim for Asylum
(EEPA) organised the conference and the                      (February 15, 2018) Following an appeal by the Clinic for
strategy meeting. We achieved our declared                   Refugee Rights in Tel Aviv University, the Appeals Tribunal
aim of learning as much as we could from the                 has ruled today that the appellant, an Eritrean national who
experts and refugees about the situation in                  had fled the Eritrean Military, has proven that: “There is a
Eritrea.                                                     well-founded fear of persecution from the authorities of his
    In the run-up to the conference one cause                home country due to a political opinion attributed to him as
of concern for the group preparing the event                 a result of his fleeing military service.”
was that the Eritrean government might seek                       This ruling sets a precedent for the asylum requests of
to influence proceedings. At earlier meet-                    thousands of Eritrean nationals who are rejected because
ings of other opposition groups the Eritrean                 of the Population and Immigration Authority’s opinion that
regime had attempted to use pro-government                   claimed desertion from Eritrean military service is an inva-
organisations and individuals to hijack or                   lid claim for asylum.
disrupt the agenda. There is also evidence                        Attorney Anat Ben-Dor from the Clinic for Refugee
that critics of Eritrean government policy are               Rights at Tel Aviv University said in response: “We are
threatened and that their relatives still living             glad that the tribunal, after long legal discussions in which
in Eritrea might also be put under pressure.                 all the necessary evidence were shown, has ruled justly.
Supporters of the Eritrean government party,                      We are regretful that through all these years this case
the PFDJ, did indeed come to our Brussels                    was left hanging in the air, thousands of similar asylum
conference, and some of them threatened                      requests Eritrean military deserters were rejected.
the refugees who spoke about their experi-                        We now expect the Population and Immigration Author-
ences. Strict rules of assembly allowed us                   ity to reconsider those requests of all those rejected on the
to put an end to this behaviour. After the                   basis of the prior opinion, which has now been disqualified
conference the Permanent Mission of Eritrea                  by a tribunal which ruled that it was not up to the interna-
to the United Nations in Geneva published                    tional standard required by the UN Convention on Refu-
a declaration denouncing the organisations                   gees.”
as subversive and especially taking a sharp                       The Hotline for Refugees and Migrants will demand
approach to the Special Rapporteur on the                    that the Ministry of Interior will stop detaining and deporting
Situation of Human Rights in Eritrea. The                    Eritreans whose asylum claims were rejected.
reality is being denied, all critics are accused
of betrayal. This also shows how tense the                   Hotline for Refugees and Migrants: Major Victory for Eritrean Asylum
situation in the diaspora is.                                Seekers after Israeli Court Ruling on Desertion. February 15, 2018.
                                                             https://eritreahub.org
    During the preparation phase we had the
idea of following up the conference with a
strategy meeting. Seeing as everyone had                     Additional information: The group anticipates that the
made their way to Brussels, we thought it                    Israeli government will appeal against the ruling, but will
was a perfect opportunity to meet up with                    face a tough battle to have it reversed.
the groups and organisations who stand up

Eritrea: A Country Under the Sway of a Dictatorship, July 2018                                                                      11
Eritrea: A Country Under the Sway of a Dictatorship - Introduction

 Mirjam van Reisen and Gilad Liberman

 Israel: Thousands are Threatened by Deportation

(April 4, 2018) The last 2 days have been extremely       men), to self-deport themselves to Rwanda or Ugan-
turbulent for Israel’s policy towards its refugees. On    da. Rwanda and Uganda have denied the deal.
April 2, Israel’s Prime Minister Netanyahu declared           After five years and around 4,500 deportees, a
the halt of deportation to Rwanda. Netanyahu              significant amount of testimonies have been gath-
explicitly named the “third-country” for the first time,   ered and published by the UNHCR, NGOs, media
announcing a new agreement with the UNHCR to              and activists to describe the general mechanics of
resettle half of Israel’s refugees to western countries   this scheme. It is clear that the role of Rwanda and
and absorb half. Within 24 hours he “froze” the deal.     Uganda is to act as “disconnection units”, discon-
    The Israeli Prime Minister made a vague decla-        necting Israel from legal obligation to the deportees.
ration. He suggested new policies, from pressuring        In Rwanda, virtually all testimonials show that the
refugees to leave Israel through extreme taxation to      deportees are having their money and documents
reopening detention centers, this time under legisla-     taken by an official, at the airport. They are taken
tion not amenable by the courts through a section         to a villa in Kigali, without passing through passport
overcoming the basic laws, which serve as Israel’s        control at the airport. They are held in ‘the villa’
quasi-constitution.                                       and they are not allowed to leave. From there they
    The concerned population are mainly Eritreans.        are coerced to pay for being smuggled to Uganda,
As such, the ill treatment by Israel is only the last     and they usually leave Rwanda within a few days.
in an everlasting chain of cruelties laid upon them.      In Uganda they are left illegally, without any docu-
Most have escaped the forced National Service, an         ments or safety. Only nine refugees are known
indefinite slavery-like system run by the Eritrean dic-    by UNHCR to currently be in Rwanda, left without
tatorship, to refugee camps in neighboring Ethiopia       papers and living on the street. According to Am-
and Sudan. The exit is extremely dangerous, with a        nesty International, none of the refugees deported
shoot-to-kill policy operated on Eritrean borders by      to Rwanda or Uganda were given asylum-papers.
the military on its own citizens. Often, the escape       The organisation finds the deal illegal under interna-
from Eritrea itself is managed by Eritrean army offic-      tional law.
ers who operate the smuggling networks, benefitting            The Eritrean refugees are pushed into a well
the regime.                                               consolidated trafficking route through South-Sudan,
    Since 2012, Israel has implemented a policy to        Sudan, Chad, the Sahara and Libya. Only if they
detain and deport the refugees. In 2012, Israel has       arrive to Europe do they find safety. Today an esti-
made it legal to detain newly arriving refugees for       mated 4,500 Eritrean refugees have already been
3 years. Refugees were sent to a detention center,        deported from Israel to Rwanda and Uganda. It is
operated by the Israeli Prison Service, in a remote       estimated that at least half of these have reached
location in the Negev, an area which the refugees         Europe.
referred to as “Israeli Sinai”, just a few kilometers         Pressure against the policy has grown, within
from the border. Israel allows and strongly pushes        Israel and supported by the worldwide Jewish com-
towards “voluntary” departure, even back to Eritrea,      munities. The role of Rwanda has been exposed in
where the refugees have disappeared.                      several publications, revealing its part in the traffick-
    Israel completed a fence on its Southern Egyp-        ing scheme so far. Under such pressure, Rwanda is
tian border. The Egyptian border force implemented        now no longer cooperating. This situation has led to
a shoot-to-kill policy of refugees trying to escape to    Netanyahu’s initial approval of the resettlement/ab-
Israel. with the fence the border has become sealed       sorption plan backed by the UN, in which half of the
for refugees. Israel does not allow persons arriv-        refugees from Israel would be resettled to Western
ing at its border to seek asylum. Thus, since 2012        countries. The suspension of this plan is really bad
less than 400 refugees have entered Israel, none          news.
since 2017. Israel has since began a detention-for-
deportation policy of the refugee population residing
within Israel. New legislation was adopted, allowing
for indefinite detention in another detention centre in
                                                          Mirjam van Reisen and Gilad Lieberman: Embattled Netanyahu
the same area, near the border. Additionally, Israel      supports trafficking route of thousand of refugees to Libya over
has pressured the detainees and those under threat        EU’s resettlement plan. 4 April 2018. Excerpts taken from http://
of detention (virtually all refugees who are single       eritreahub.org

12                                                           Eritrea: A Country Under the Sway of a Dictatorship, July 2018
Eritrea: A Country Under the Sway of a Dictatorship - Introduction

    the Israelian government had to pull back                    belt-trends-in-human-trafficking-and-smuggling-in-
                                                                 post-revolution-libya/, accessed on 13 October 2017
    the plan.                                                 19 European Union condemned for attempting to close
▪ The work of the Special Rapporteur on                          Mediterranean to refugees. 20 October 2017. See
    the Situation of Human Rights in Eritrea                     page ***
                                                              20 Maria Oshana: Wie die EU ihre Außengrenzen in
    should be supported more intensively.                        Eritrea schützt. In: Luxemburg – Gesellschaftsana-
    The Special Rapporteur will present her                      lyse und Linke Praxis, Issue 1/2016, April 2016
    next report in 2018.                                      21 Amnesty International: Europäische Migrations-
                                                                 politik: Der Khartum-Prozess, updated August
All this should be complemented by lobby                         2017. http://amnesty-sudan.de/amnesty-word-
work, regular meetings and more. We dearly                       press/2017/02/17/europaeische-migrationspolitik-
hope that the fruitful and productive atmos-                     der-Khartum-prozess/, accessed on 9.12.2017
phere of the conference and strategy meet-
ing will have a lasting impact on our work for                 EEPA
Eritrean refugees.                           
                                                               African Migrants in Israel will Not
Footnotes                                                      be Deported, Government Says
1 Martin Plaut: Eritrea: a mafia state? Review of Afri-         (April 26, 2018) After leaving a U.N.-
   can Political Economy. 13 September 2017. http://           backed relocation plan a few weeks ago,
   dx.doi.org/10.1080/03056244.2017.1374939
2 UN Office of the High Commissioner for Human                   Israel shifted efforts towards finalizing an
   Rights, 2016                                                arrangement to send the migrants against
3 Gaim Kibreab: Reflections on the causes of dis-               their will to Uganda. A number of migrant
   placement in post-independence Eritrea. 19 October
   2017. See page ***                                          rights groups petitioned the Supreme Court
4 Dr Asia Abdulkadir: The situation of women and girls         to block any such policy.
   in Eritrea, 19 October 2017. See page ***                       In response to the court, the Israeli
5 See Canadian Centre for International Justice:
   Appeal court confirms slave labour lawsuit against           government said on Tuesday that, at this
   Canadian mining company can go to trial. 21                 stage, “the possibility of carrying out an un-
   November 2017. https://www.ccij.ca/news/press-              willing deportation to a third country is not
   release-nevsun-case/
6 EEPA: New study confirms concerns over Eritrean               on the agenda” and that the migrants will
   diaspora tax in Europe. 20 September 2017. www.             be able to renew their residency permits as
   eepa.be/?p=1751                                             before (every 60 days). “I am very happy
7 Security Council Resolution 2023 (2011), section 11
8 Martin Plaut: Eritrea: a mafia state? Review of Afri-         to see the deportation policy is canceled,”
   can Political Economy. 13 September 2017. dx.doi.           said an Eritrean refugee. “And now is the
   org/10.1080/03056244.2017.1374939                           right time for the Israeli government to
9 Report of the special rapporteur on the situation of
   human rights in Eritrea, Sheila B. Keetharuth, to the       give a solution for the asylum seekers who
   Human Rights Council. 7 June 2017. A/HRC/35/39              came from Africa: a refugee status or to
10 Nicole Hirt: Flucht vor der Versklavung. Die Zeit, 14       answer their asylum claim application.”
   June 2016
11 BAMF asylum statistics 12 / 2016                                The government had been working
12 Last updated 30.09.2017, adjusted protection rates,         for months on an arrangement to expel
   ie only purely substantive decisions are included.          thousands of mostly Eritrean and Suda-
   Source: Pro Asyl
13 Blick.ch: “Afrika geht es viel besser, als wir glauben”.    nese men who crossed into Israel through
   Interview with former ambassador Dominik Langen-            Egypt’s Sinai desert. But many Israelis are
   bacher. 7 October 2017.                                     sympathetic toward the migrants. They say
14 European Asylum Support Office. EASO Country of
   Origin Report – Eritrea: national service and illegal       Israel has a moral responsibility to offer
   exit. https://www.easo.europa.eu/sites/default/files/        them asylum because the country was built
   publications/COI-%20Eritrea-Dec2016_LR.pdf                  by Jewish refugees fleeing the Holocaust.
15 Swiss Refugee Council: Eritrea: national service,
   Swiss Refugee Council country analysis paper. 30            EEPA: eMail, April 26, 2018. Sources: https://www.
   June 2017. www.fluechtlingshilfe.ch/assets/herkunft-         voanews.com/a/israel-abandons-plan-to-forcibly-
   slaender/afrika/eritrea/170630-eri-nationaldienst.pdf       deport-african-migrants-/4362767.html; https://www.
16 http://europeslamsitsgates.foreignpolicy.com/               voanews.com/a/israel-cancels-deportation-orders-
   part-3-nearly-there-but-never-further-away-libya-           against-african-migrants/4364326.html
   africa-europe-EU-militias-migration, accessed on 12
   October 2017
17 www.politico.eu/article/antonio-tajani-calls-for-eu-to-
   open-refugee-reception-centers-in-libya, accessed          22 Ibid.
   on 11 October 2017                                         23 Council of the European Union: Meeting Document
18 Martin Plaut: The European Union and Eritrea.                 27 April 2015, DS 1250/15
   19.10.2017. One paper he refers to here is The             24 Valetta Summit, 11-12 November 2015, Action
   Global Initiative against Transnational Organised             Plan, www.consilium.europa.eu/media/21839/ac-
   Crime, The Human Conveyor Belt: trends in human               tion_plan_en.pdf
   trafficking and smuggling in post-revolution Libya,          25 Amnesty International, August 2017
   http://globalinitiative.net/report-the-human-conveyor-     26 Maria Oshana, ibid.

Eritrea: A Country Under the Sway of a Dictatorship, July 2018                                                         13
Eritrea: Crimes Against Humanity

                                                                                 human rights in Eritrea especially on the es-
                                                                                 sential aspects.
                Crimes Against Humanity                                              Let me be a bit more explicit: it was only
                                                                                 in June this year that I stated that through my
               Continue to be Perpetrated                                        monitoring, I have found that Eritrean citizens
                                                                                 continue to suffer arbitrary arrest, incommu-
                               by Eritrea                                        nicado detention, death in custody, enforced
                                                                                 disappearance, suppression of religious free-
                                                                                 dom and a national service system that in ef-
                                          * by Sheila Keetharuth                 fect, amounts to enslavement, that women in
                                                                                 the National Service continue to be subjected
                                                                                 to harassment and sexual abuse, to mention
                                                                                 but these ones.
                                                                                     One of the points brought to my atten-
                                                                                 tion by European countries is that Eritrea is
                                                                                 a co-sponsor of the resolution against death
                                                                                 penalty at the UN, which will be considered
                                                                                 again later this year in New York. While I wel-
                                                                                 come Eritrea’s support for the abolition of the

                  G     ood morning and thank you for the invita-
                        tion to speak at this important conference
                  on Eritrea and the ongoing refugee crisis and
                                                                                 death penalty, I reiterate my concerns about
                                                                                 violations of the right to life in two ways:
                                                                                 ▪ by committing extrajudicial killings; a bla-
                  the strategic planning for future actions. It is                   tant example are the shoot-to-kill orders
                  great to see so many of you, who have been                         about which I will talk more later);
                  involved in advancing human rights in Eritrea                  ▪ by subjecting Eritrean citizens to abys-
                  through your dedicated work.                                       mal conditions of detention, during which
                      As many of you know, I have been                               death can be a consequence, as identified
                  involved in monitoring and documenting the                         by the Commission of Inquiry on Human
                  human rights situation since November 2012                         Rights in Eritrea.
                  and these are my last months in this capac-                    In June, I did not talk about the deteriorat-
                  ity as I will step down next year as I will have               ing situation of life in the city of Asmara, the
                  reached my term limit as Special Rapporteur,                   continued difficulties to obtain services and
                  that is six years. I have been asked to talk                   access water, electricity gas, food items and
                  about the human rights situation in Eritrea.                   how life continues to be a daily struggle to
                  Apparently, for some countries, including                      obtain basic goods. However, when I used
                  in Europe, the situation is improving to the                   UN data to disclose the actual situation of
                  point that it is now considered acceptable to                  food security in Eritrea, Government officials
                  engage and cooperate with Eritrea.                             tried to repress the facts, again by attacking
                      I have consistently informed the Human                     me in an effort to silence me. I relied on infor-
                  Rights Council in Geneva, the 3rd Commit-                      mation from UNICEF about the malnutrition
                  tee of the UN General Assembly through my                      of children in Eritrea which was, according to
                  oral updates and written reports that I have                   the Eritrean diplomat, Ambassador Gerahtu,
                  not seen any such change in the situation of                   ‘wrongly issued by the New York Branch of
                                                                                 the organisation, not the country representa-
                                                                                 tive, and duly corrected in time’. Additionally,
                                                                                 the Ambassador said that ‘FAO Asmara has
                                                                                 equally dissociated itself from [Sheila’s] re-
                                                                                 port although we have no information at this
                                                                                 stage on specific steps taken to rectify it’.
                                                                                     Why is this important? It shows how
                                                                                 the Government of Eritrea has a well-oiled
                                                                                 propaganda machinery to present a picture
  * Sheila B. Keetharuth, Speech presented at the conference “Eritrea and
               the Ongoing Refugee Crisis”, October 19, 2017, in Brussels        which is different and to suppress information
                                                                                 from getting out. When the truth is unearthed,
 Ms. Sheila B. Keetharuth (from Mauritius) was appointed in October 2012         it uses its ‘bash, hash and silence’ method
 as the first Special Rapporteur on the situation of human rights in Eritrea.
     She was a member of the Commission of Inquiry on Human Rights in            to browbeat individuals, diplomats, and even
                                      Eritrea from June 2014 to June 2016

14                                                                         Eritrea: A Country Under the Sway of a Dictatorship, July 2018
Eritrea: Crimes Against Humanity

international organisations such as UN agen-                    I repeat, I have not documented any
cies.                                                       change, which would show a real shift in the
    The Government’s attempts to ‘open up’                  way human rights are respected. Let me em-
to selected journalists, certain parliamentar-              phasize that the country still lacks institutions
ians from selected countries and external                   to support rule of law: no constitution; no
‘partners’ such as think-tanks and business                 independent judiciary; no legislative assem-
lobbyists during the past three years also de-              bly and above all, for our purpose today, no
serves some scrutiny, including the common                  mechanisms in place to monitor what hap-
assessment after such missions, noting that                 pens to people who are sent back.

‘things may be bad but not too bad…’. Many                      Last June, while the discussions around                     Sheila
                                                                                                                        Keetharuth
seem to have enjoyed a macchiato at As-                     the renewal of the mandate of the Special               speaking at the
mara’s squares, the beautiful city which now                Rapporteur on the situation of human rights                conference
has the status of a UNESCO world heritage.                  in Eritrea were taking place, some European           © Connection e.V.
After a few days of a guided tour, they return              countries took the role of being the mouth-
home with the perception that ‘all is well in               piece of the Eritrean Government and were
Eritrea’.                                                   pushing for a watering down of the substance
    I have not yet been to Eritrea, but I have              of the mandate.
studied the satellite imagery of Eritrea, which                 They wanted to remove references to the
was produced as part of the Commission                      ‘shoot-to-kill policy’ at the border, arguing that
of Inquiry’s work for the identification of the              shootings did not happen any longer. Just a
location of prisons and detention centres                   few weeks later, there were media reports
throughout the country.                                     about several people having been shot at the
    Once back at home, the results of the                   borders; the body of at least one of them was
trips by foreign delegations come in handy                  returned to the family for burial. It is difficult to
when there is a political will to revise coun-              gather information on these incidents, which
try of origin information and asylum policies               happen in remote areas, where monitoring,
irrespectively of any real change on the                    though not impossible, is problematic. No
ground to pave the way for the return of failed             diplomat, foreign residents of Asmara, or staff
asylum-seekers.                                             from international organisations can travel to
                                                            those places for monitoring purposes. I find

Eritrea: A Country Under the Sway of a Dictatorship, July 2018                                                                 15
Eritrea: Crimes Against Humanity

Permanent Mission of Eritrea to the United Nations in Geneva

Reaction to the Conference

(December 18, 2017) In mid-October this year,                This is not indeed the first time that Mrs Sheila
Eritrea’s avowed detractors convened a meeting in        Keetharuth has been found wanting in terms of ob-
Brussels under the rubric of “human rights situ-         jectivity, neutrality and professionalism in discharg-
ation in Eritrea”. Principal speakers at the event       ing her duties. The SR has persistently exploited
included the Special Rapporteur on Eritrea (SR) Ms.      the UN mandate to mobilize self-described “human
Sheila Keetharuth as well as a number of notorious       rights activist” associated with human traffickers and
“regime-change” activists and their foreign mentors.     involved in a declared regime-change agenda.
    The first day public event was followed by a              As we have incessantly clarified, virtually all her
closed meeting that was held on 20th October. The        annual reports were also culled from the rumblings
Special Rapporteur participated in the closed meet-      of these notorious “regime-change” activists as well
ing too in particular guiding the special discussion     as from wilfully concocted disinformation provide to
on coordination of all the disjointed “regime-change”    her by Ethiopia and Djibouti. Furthermore she has
activists.                                               often doubled as an activist to launch pre-emptive
    Documents and audio recordings obtained of the       press statements and campaigns of her “unfounded”
closed meeting reveal the “six-month plan of action”     reports prior to their submission to an discussion by
that this murky group have charted out to advance        the UNHRC sessions.
their elusive agenda of subversion and “regime-              This time round, the SR continues to irrevoca-
change”.                                                 bly cross the red line to go beyond recycling and
    The main points of this plan of action for the pe-   varnishing the vitriolic reports of these subversive
riod leading to the upcoming June Report of the SR       groups in UNHRC garb to officially behave as one of
include the following actions:                           their active members.
▪ Implement the proposal of the SR, on a coor-               The UNHRC and the OHCHR have not heeded
    dinated campaign to extend the Human Rights          our repeated appeals in the past that drew attention
    Council (HRC) special mandate on the human           to her inherent bias stemming from her unorthodox
    rights situation in Eritrea                          association with Eritrea’s detractors and arch-
▪ Accordingly, establish a networking of Eritrean        enemies. The OHCHR, in fact, went out of its way to
    organizations abroad under an umbrella organi-       portray our legitimate concerns as “witch hunting”;
    zation, but excluding those sympathetic to the       stating in its press briefing of 21st November this
    Eritrean Government (with a stern warning by         year that “Ms Keetharuth has been faithfully carrying
    the anti-Eritrea ex-BBC journalist Martin Plaut to   out the mandate given to her by the UNHRC, and
    watch an eye on Government “infiltrators”)            she should not be subjected to vitriolic personalized
▪ Campaign against Europe’s recent policy shift          attack by Government officials”.
    on the political asylum of Eritrean including            The dismal attempt by the OHCHR to take such
    programmes to contain Eritrean “refugees” in         position against the facts of reality outlined above
    neighbouring countries                               is indefensible. As a UN mandate, the SR does not
The Permanent Mission of the State of Eritrea to the     have the moral and legal protection with impunity to
UN and other international organizations in Geneva       work with “regime change” activists. It is a funda-
is not perturbed by the nefarious, if inconsequential,   mental UN principle that immunities are granted in
schemes that these notorious groups float from time       the interests of the UN functions only and not for
to time. For some of these sell-outs, this has indeed    other ulterior political motives and her unwarranted
long become a “convenient” way of life for appropri-     acts should thus be accounted.
ating fund from certain institutions.                        The curtains have been lifted now. Her com-
    What we find unacceptable is the deplorable           promised position is not defensible and cannot
presence and complicity of the Special Rapporteur        be rationalized anymore. As such, the Permanent
in this illicit gathering. Her conduct contravenes ac-   Mission of Eritrea in Geneva expressly request the
cepted ethical norms and standards of “ ... discre-      UNHRC to take swift action without further delay
tion, transparency, impartiality and even-handed-        and also reject her on-going premeditated campaign
ness ... “ enshrined in the relevant UN guidelines       to continue the special mandate on Eritrea.
that must be strictly observed by experts and special
rapporteurs.                                             Permanent Mission of Eritrea to the United Nations: Press
                                                         Statement, December 18, 2017. Excerpts

16                                                          Eritrea: A Country Under the Sway of a Dictatorship, July 2018
Eritrea: Crimes Against Humanity

it difficult to understand on what basis they                 remain telling. In almost all my reports, I have
argue that the shoot-to-kill does not exist                 highlighted the numbers of people leaving as
as they themselves are not in a position to                 refugees, their plight, especially of unaccom-
verify.                                                     panied minors.
     They also wanted to remove any refer-                       I have been asked about my thoughts
ence to the Commission of Inquiry, limiting                 on allegedly decreasing number of Eritrean
the mandate holder to follow up only recom-                 refugees reaching Europe. While fewer may
mendations of her own reports, which they                   be arriving in Europe, there has been another
regarded as sufficient. I would like to recall                surge with over 4,500 people crossing into
that the member States on the Human Rights                  Ethiopia during the first part of 2017, as noted
Council had nominated me to serve as one of                 by International Organization for Migration.
the three members of the Commission of In-                  Despite this, the number of Eritrean arrivals
quiry on Human Rights in Eritrea. Therefore,                in Italy remains low for the first few months
these were collective recommendations and                   of 2017, a trend that the Regional Mixed
also represent my own work! However, once                   Migration Secretariat already noted in 2016,
the Commission had found that there were                    while overall arrivals in Italy were 29 percent
reasonable grounds to believe that crimes                   compared to the same time in in 2016. Com-
against humanity have been and continue to                  paring figures for the first quarter of 2016,
be perpetrated by the Eritrean state, there                 and the first quarter of 2017, UNHCR has
were those who would have liked to make                     noted that Eritrean sea arrivals in Italy are
these findings nothing but a distant memory.                 comparable for both periods, whereas arriv-
But suffice it to say that since June, I have                 als from Ethiopia, Somalia, and Sudan have
been mandated to continue monitoring and                    dropped considerably by 61%, 50% and 40%
documenting human rights violations and to                  respectively.
follow up on the Commission of Inquiry on                        According to the Regional Mixed Migra-
Human Rights in Eritrea recommendations,                    tion Secretariat, this drop in numbers could
as per a strong resolution adopted again by                 be attributed partly to the increased efforts
consensus.                                                  by authorities in Sudan to curb the migration
     I bring this up because, since the Com-                flows towards Europe. Because of Sudanese
mission of Inquiry on Human Rights in Eritrea               efforts, there have been several reports that
finished its work, there is a need for consist-              Eritreans and other migrants and refugees
ent monitoring and documenting human                        from the Horn of Africa were intercepted
rights violations, obtaining fresh information              and large numbers arrested and detained in
about what is happening inside the country,                 the Sudan, before being sent back to their
packaging it in a way which is irrefutable,                 countries of origin, including Eritrea. Well,
and by making sure that no harm is done to                  it is known that Italy is using the services of
sources, victims and families. This is a most               Libyan coastguards to prevent the crossing of
difficult task but one that must be taken on by               the Mediterranean.
civil society to ensure the continued publica-                   I have some thoughts by way of recom-
tion of credible information and new cases                  mendations I will make during the day but
feeding into patterns of violations already                 for now, before I end, allow me to inform you
identified by the Commission and through my                  about what I will be doing from now until I fin-
work as Special Rapporteur.                                 ish the mandate next year:
     Let me turn briefly to migration, refugees,             ▪ Continuing to monitor the situation of hu-
and asylum seekers. This is something which                      man rights violations in Eritrea. For this I
has been part of my work right from the be-                      need your assistance, because unlike the
ginning in 2012. While defining the contours                      Commission, I am alone on the Mandate,
of my mandate in 2012, during consultations,                     with the assistance of one staff member
some were trying to argue that the mandate                       in Geneva who does not work full time on
was about human rights violations inside                         the mandate;
Eritrea, whereas refugees were outside of                   ▪ Advocating for Universal Jurisdiction,
the country. My response was that people                         while encouraging victims and others to
were leaving precisely because of violations                     get organised to use the judicial apparatus
of their rights and there was a continuum                        in the different countries where they may
of violations, which made it appropriate for                     be able to seek justice for human rights
me to monitor why people decided to cross                        violations;
international borders. The figures were and

Eritrea: A Country Under the Sway of a Dictatorship, July 2018                                                      17
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