Eritrea: A Country Under the Sway of a Dictatorship - Desertion, Refuge & Asylum - Pro Asyl
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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
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 Eritrea: A Country Under the Sway of a Dictatorship, July 2018 3
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
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
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
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
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
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
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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