ERITREA: INITIAL NATIONAL REPORT(1999-2016)

Prepared on the African Charter on Human and People’s Rights (ACHPR)

28 March 2017
The State of Eritrea,
Ministry of Foreign Affairs

TABLE
N

A
B

C

Topic

Sub Topic

Page

Eritrea’s Initial National Report; The ACHPR Report

1

PART I: OVERVIEW
Post- Independence Development Background1

Legal and Institutional Drive for Development(i)Establishing the Political Basis(ii)
International
andRegional
Instruments and Treaties

45PART II: Implementation, Progress and Challenges
The Essence of Progress rooted in Equal
Rights and Opportunities

6

Political and democratic Rights andDevelopment(i)
ProgressinLegislative
andGovernance Priorities(ii)
The Right and responsibility of the The Legislation Process and Public
Public to Strengthen Governance
Knowledge
Public Consultation in the Legislation
Process
People’s Power for Democratic Rights
and Participation

7
8
8
9

Local Governance as a solid base of 9
the StateConsultative
Processes
Reflecting 10
People-Leadership Unity
Participation in political life and the 11
Role of the PFDJ
(iii)

Judiciary and The Right to Fair
Trial

Maintenance of Judicial Justice11

Equitable Access and Coverage
Judicial Procedure and Practice
Judicial Cases and Adjudication

13
14
14
15
16

Zero Tolerance on Corruption(iv)

Law enforcement agencies and

(v)

D

PracticeFundamental Freedoms

Religion
Social Organizations and Freedom of
Assembly
Freedom of Expression
Right of a person in detention

Social Economic and Cultural rights
Macro Level Effort and orientation as acontext
Food Security and Basic Rights(i)
Dignified Standard of Life
Health Care as a Right
The Human rights to Water
Education and Human Right(ii)

Right to take Part in Cultural Life

(iii)
(iv)

Promoting Adequate Living
Social Security and Protection

21
22

23
25
29
34
35
43
46

Supporting Martyr’s Families
Pension Scheme
Addressing Effects of Disasters andDrought
Protection of Family as a Social
Institution
(v)

18
20

Labor rights and Work Conditions

47
48
48
50
51

PART III: Nation Building and People’s Rights
6

Right to Development
(i)
(ii)
(iii)
(iv)

59
59

Sovereign Equality and Eritrea’s
Independent Political Stance
Equitable Distribution and Utilizationof wealth and resources
Sovereignty on Eritrea’s wealth andresources
Pragmatic Macro Level Development
Orientation

60
62

The Warsay Yikealo Development Campaign
The Expanded Development Tenet
(v)

63
64

The right to Development and Issues
with Implications to Social Fabrics
The Upbringing of the new Generation
The Implied and False Forced
Allegation on National Service
Land Rights and Management

Labor

64
67
67

Development Targeting Scattered
Communities and villages

68

Eritreans in the Diaspora

69
70
71

Issue of Migration and Human Trafficking
Politicization of Human Rights against
Eritrea(vi)

F

The Drive towards a Qualitative Leap

72

People’s Right to Peace and International
Security(i)
Existential External Threats and
Implications(ii)
In Defense of National Security

72

(iii)

8

73
74

Refugees Hosted in Eritrea

Women Equality and Empowerment(i)

Women’s Equality
Elimination
of
all
Forms
Discrimination Against Women
Question of Nationality/CitizenshipAffirmative
Implications(ii)

Action

and

of

74

Policy75
76

Women Empowerment
Politics and Public Life
Economic Empowerment
Dignity and Safety of Women
Marriage and Family Relations
Trafficking in Women and Exploitationof Prostitution

8.3. The Role of the NUEW

H81

The Right and Development of Children(i)Children and the Future(ii)

Integrated Effort to Fulfill the Rights
of Children
Vulnerable Children

(iii)

84
95

A Systematic Approach on Protecting
Orphaned ChildrenChildren in Contact with the Law
9.3.2. Children and Armed Conflict

I

76
77
78
81
81

Rights and Welfare of Persons with
Disabilities (PWDs)(i)
PWDs Rights Respected and Protected

84
86
87

87

(ii)

(iv)

Efforts to Fulfill the Basic Rights of
PWDs
Community Based Rights Approachand support Promoted
Special Medical Services for PWDs(v)

Special Needs Education(vi)

Organizational basis of PWDs

(iii)

89
91
92
92
93

11 People’s Right to Satisfactory Environment
(i)
(ii)
(iii)
(iv)
(iv)
(v)

Institutional and legal measures
Environment Security and Fighting
Desertification
Sustaining the Marine Environment
Energy challenge and the Environment
Environmental Security Practice in the
Mining Sector
Sustaining the Environment and Waste
Disposal and Recycling

94
109
95
96
96
97

Part IV: Human rights and Eritrea’s international Engagements and Cooperation

98

Conclusion - Consolidating Progress and Way Forward

100

NATIONAL REPORT: SCOPE AND METHODOLGY
1. The State of Eritrea presents its initial and combined reports that encompass eight periodic
reports overdue since its accession to the Charter. The report is prepared pursuant to article
62 of the African Commission for Human and Peoples‟ Rights (ACHPR) and covers theperiod between 1999 and 2016. It is spearheaded by the Ministry of Foreign Affairs incoordination with relevant ministries, institutions and national associations.
2. In the preparation of this report, relevant ministries and National Civic Organizations
prepared their part with due considerations to the objectives and purpose of the Charter. They
all participated in the compilation process and subsequent discussion to finalize the report.
Several meetings were held to evaluate the authenticity of the information and practiceduring the compilation and finalization of the report. The scope underlines the obligations
under the Banjul Charter and other relevant regional and international instruments that havedirect bearing on the enjoyment of Human and Peoples‟ Rights. In terms of coverage,
concrete achievements, challenges and best practices are also taken into consideration since
the accession of Eritrea to the Africa Charter in 1999.
3. The Report is prepared in accordance to the reporting Guidelines. As an initial report thatcovers the period 1999 – 2016, it is organized in a way that gives a deep insight into therequirements stipulated in the guidelines and covers all areas in the Charter. The aim is toshow Eritrea‟s implementation and observance of the rights and duties as well as cooperationin the promotion of human and people‟s rights. It is also intended to strengthen constructive
dialogue between Eritrea and the ACHPR. The Report has four parts; part I gives a general
overview, part II highlights achievements and challenges, part III focuses on people‟s rights
and part IV discusses on engagement and international cooperation on human rights.
PART I: OVERVIEW
Post-Independence Development Background
4. After the Second World War, Eritrea became the target and victim of the new international
order meant to advance the geopolitical agendas and economic interests of the US and its
allies. The Eritrean population was thus denied the right to self-determination andindependence and compelled to resort to a national liberation struggle. Despite being
enshrined in the UN Charter, the Universal Declaration of Human Rights and the Declarationon the Granting of Independence to Colonial Countries and Peoples (of 14 December 1960),
the Eritrean liberation struggle was not recognized by the international community. After a
30 year liberation war that entailed a huge cost of more than 65,000 freedom fighters andover 200,000 civilians martyred in the course of the struggle, Eritrea was crowned victory
finally achieved its independence on 24 May 1991.

Page 1 of 100

5. At independence, the new Government inherited a devastated economy, ruined infrastructureand non-existent social services and the burden of nation-building has been inordinately
arduous. Eritrea embarked into the nation building task with a clear vision of creating aviable state, economy and social fabrics. The ideals of nationalism, social justice andprogressive morality which were the embodiment of the liberation struggle thus formed thebasis for this vision. Hence, national unity and citizenship, national interest and culturaltransformation constitute as aims. In this regard, it adhered to an independent political line
and pragmatic development approaches centered on the decisiveness of the human factor.
6. After much hard work, the foundations for a social justice based all-round development arelaid. In the political process of nation building, state institutions are emerging at a reasonable
pace and various levels of peoples‟ Life expectancy rose from 46 in 1991 to 63.7
administration and power have(male/female HDI report 2015)
evolved. The economy is also
 Adult literacy rate increased from 30% to 67%
progressing steadily and ready for(EPHS 2010)
take-off after much hard work.
 Student population rose from 200,000 to 605,932
The national
capacity and(MoE 2016), net primary school enrolment frominstitutions are also evolving at a
30% in 1993 to 85% in 2015 (MDG Report 2015)
reasonable and healthy pace. The Household access to clean and adequate watersocial sector strategy for poverty
increased 85% and electricity by 43.5%,
elimination and adequate standard
 A total of 103,801residential houses built. (MDG
of life is also having an impact
report 2015; NSO 2015)(some indicators given in the box).
 1100 villages got access to adequate safe water
The country‟s stellar achievements
 Maternal mortality rate decreased from 1700 per
are widely recognized in spite of
100,000 in 1990 to 352 in 2015 (MDG report 2015,
the scarcity of resources and a
National Statistics Office (NSO 2015)
hostile regional climate not Infant mortality rate reduced from 93 per 100,000
conducive to an unconstrained
lives birth in 1990 to 34 per 100,000 birth in 2015
developmental drive.
(MDG report 2015 or ‘NSO 2015)


Under-five mortality from 151 per 100,000 live

7. Eritrea‟s foreign policy alsobirths in 1990 to 47 in 2015 (MDG report 2015 andpromotes national interest, respect‘NSO 2015)
forsovereignty,
peaceful
coexistence and cooperation based on partnerships. In the last 19 years, the diplomatic
encirclement campaign waged against Eritrea as part of the geopolitical agendas in the region
has failed to subdue the nation. Nonetheless, Eritrea‟s foreign policy driven by the
independent political stance has thrived and promoted the following objectives:Promote relations and cooperation that enables national development
Uphold regional peace, security and development
Contribute to the global sustenance of peace, security and development
Protect the rights and interests of Eritreans living abroad and guarantee their participationand contribution in Eritrea‟s national development
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8. The accumulated effect of the all-round progress since independence is the prevailing peaceand stability. Eritrea remains an oasis of cohesion and harmony in a turbulent region racked
by cleavages along ethnicity and religion. This is a result of the positive political work during
the armed struggle and sustained by prudent policies implemented thereafter in an
independent nation. However, there is a long way to go to consummate the nation building
process and Eritrea as a young nation faces challenges which the Government continuously
works to address. The processes and structures, however, reflect the emergence of a systemic
approach implemented through policies and programmes with all rights respected.
9. Indeed, Eritrea emanated from the struggle for human rights. These ideals are embodied in
the promotion of human dignity, security and development. Human right is thus
mainstreamed in nation building and integrated at all levels, sectors, policies andprogrammers. Promoting equal right and opportunities constitutes the epicenter of the overall
effort and the following principles embody the ongoing effort:

interrelationship of peace and security and human rights and development

harmony between individual rights and collective duties



indivisibility of human rights and the importance of an all-round development



prioritization of efforts predicated on the context, needs and human betterment

non-politicization of human rights and the promotion of engagement and cooperation

10. The all-round progress achieved has made deep implications in the enjoyment of humanrights. Equal rights and opportunity is promoted and guaranteed by national law.
Accordingly, progress on dignified life and equitable promotion of adequate services,
equitable distribution and utilization of resources and the creation of a critical and decisive
human capital has been pursued. Moreover, the responsible participation of the people is also
strengthened. Hence, Eritrea is governed by the rule of law with all rights guaranteed.
11. The post-independence period until 1998, characterized by rapid socio-economic, politicaland social transformation was, however, disrupted by Ethiopia‟s war of aggression (1998 –
2000) under the pretext of a border dispute. Eritrea also faces unjust UNSC sanctions. Theseare part of the continued existential external threats aimed to thwart Eritrea‟s nation building
efforts. It also faced severe drought during 1999 -2004. In spite of their influences the above
challenges did not roll back the progress of the nation. Furthermore, neither did Eritrea
surrender its sovereign rights nor did it abandon its independent political stance under thesechallenges. Its commitment and effort on human rights also persisted and hence theenforcement of the institutional and legal basis has remained a critical dimension.

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A. Legal and Institutional Drive for Development(i)Establishing the Political Basis

12. By Proclamation 22/1992, a nationwide and internationally supervised referendum was heldin April 1993 with a 99.8% result YES vote for independence. The process and outcome
demonstrated the level of consciousness, devotion and capability of the people and theleadership to build the nation. Hence, establishing a constructive environment and basis fornation building has been the major priority. In this respect, the National Democratic
Programme of the Eritrean Peoples‟ Liberation Front (EPLF) during the liberation struggle
formed the basis for the post-independence transformation.
13. After the referendum, the EPLF held its 3rd Congress in February 1994 and declared the
National Charter and transformed itself into the Peoples Front for Democracy and Justice(PFDJ). As a political road map, the Charter outlined the vision of nation building and set
guidance for the establishment of a constitutional democratic order. Accordingly, it defined
the strategies on the political process, economic progress, cultural transformation andregional and international peace and security. The PFDJ thus shouldered the responsibility tomobilize and organize the people for national security, development and State formation.
14. The Government of Eritrea (GoE) was formed as per Article 4(6) (a) and (b) of Proclamation
No. 37/1993. Subsequently, a Constitution Commission was also established by
Proclamation No. 55/1994 and the drafting process initiated in 1994. This process waspreceded by civic education and consultations and highly participatory by all segments andstakeholders inside the country and in the Diaspora. The Constitution was a home grown,
indigenous process that emanated from the values enshrined in the National Charter. It also
considered the rich written body of customary laws, some dating back to the 15th century.
The Constitution was adopted on May 23, 1997 by an 862 member Constituent Assembly
established under Proclamation No 92/1996 and constituted a milestone in the political process ofnation building of independent Eritrea. This led to legislative elections for the National
Assembly that took place at the end of 1997 after the adoption of the new Constitution andthe national assembly was active until 2003.
15. The judiciary composed of hierarchical courts and Public Prosecution headed by an Attorney
General developed steadily as per Proclamation No.1/1991. As is the case with all countries
with civil law tradition, statues also became the major source of law in Eritrea immediately
after independence. Proclamation No. 1/1991 on Transitional Judiciary Administration ofjustice set the establishment of the Transitional Laws. Accordingly all the existing laws were
dropped. Entrusted by Article 2(4) and (5) of the Legal Notice 14/1993 to draft and codify
laws, the Ministry of Justice developed the Transitional Laws. Until recently the transitional
codes (Civil Code 2/91, Civil Procedure Code 3/91, Penal Code 4/91, Criminal Procedure
5/91, Commercial Code 6/91 and Maritime Code (7/91) became the source of law in Eritrea.

Page 4 of 100

16. The government also enacted and implemented 178 proclamations and 125 legal notices (72proclamations and 82 legal notices of these enacted during the reporting period). These
served as other sources of law and also reflected the relevant internationally accepted norms.
The commitment to strengthen the State through viable governance is thus apparent. This is
in fact reflected in the prevailing social cohesion and harmony, peace and stability, dignified
life, enjoyment of rights and the responsible participation of citizens.
17. Furthermore, considering the situation of the newly born nation, a Special Court was formed
under Proclamation No 85/1996. The policy that underpinned its foundation is the positive
attitude of “zero tolerance to corruption”. It was created with specific mandates to investigate
corruption practices, abuse of power and misuse of public resources. On the other hand,lower and higher military courts were established as per Articles 4(2) and 6 of Proclamation
No 1/1991. They deal, on first instance basis, on military offences of varying degrees ofseverity. The Court of Final Appeal, the highest court in Eritrea, gives, on appeal basis, thefinal verdict on cases appealed from the military courts. They continue to function withprosecutors and judges, extracted from the military and trained in law.
18. The Macro Policy issued in November 1994 also charted the national development trajectoryand established the overall direction of the pragmatic development. It aimed at creating asustainable, export oriented and competitive economy. It aims for the establishment of an
efficient, outward looking, private sector led market economy, with the government playing aproactive role to stimulate private economic activities and investment. Accordingly, various
sector policies, strategies and plans were developed to implement the macro policy. One of
the 12 National Development Objectives stipulated in the Macro Policy also asserts thecreation of “A free and sovereign state where human rights are respected”.
19. All the above efforts illustrate that the Legislative, Judiciary and executive branches of a new
State progressively developed ascertaining the prevalence of the rule of law in the country.
The political trajectory contemplated in those days was to further enact subsequent laws on
the development of political processes and institutions but were not completed at the time.
This natural political process of nation building in the broadest sense of the term wasinterrupted by the border war with Ethiopia that erupted in May 1998 and the subsequent ongoing existential external threats and belligerencies against Eritrea. The costly war with
Ethiopia as well as dire conditions of perennial belligerency that ensued in its aftermath has
thus adversely affected the tempo and pace of the process. Elections (except local andregional levels) were consequently kept on hold as priorities changed and the country had tograpple, first and foremost, with existential issues of preserving its sovereignty and territorial
integrity.
(ii)International and Regional Instruments and Treaties

20. The GoE has signed and ratified more than 108 International Conventions and Instruments.
These include 83 accessions (7 of which are human right instruments), 19 ratifications and 6
Page 5 of 100

others (4 signatures, 1 adherence and 1 subscription of membership). This could be
categorized across 15 functional areas with 13 others classified as an additional category(signing, adherence, membership). Many of these have been reflected in the new national
codes, but some others of which Eritrea is not party to have also been reflected. Eritrea isalso committed to the goals and principles of African Charter on Human and Peoples‟ Rights(ACHPR). This is above all manifested in its accession and signing to the ACHPR on
January 14, 1999 and the African Charter on the Rights and Welfare of the Child on 22
December 1999. Eritrea is also part to 16 other regional conventions at various levels(acceded, signed and accessed, and signed). This again reaffirms the Government‟scommitment and effort to regional engagement and cooperation on human rights.
21. In general, international and regional treaties and conventions are taken seriously andpursued rigorously. As such, ample time is taken to analyse their provisions and ensure thatinternational instruments are reflected in Eritrea‟s efforts. The Ministry of justice has also
drafted a working document on the implication of international and regional instruments ofwhich Eritrea is a party to. The fundamental approach is, however, to advance the effort inline with internal dynamics and the progress in institutional and organizational capacity. It
also considers the development of national laws and legislations and the capacity to
implement them effectively.
The above overview serves as a context for the progress and challenges in implementation
during the reporting period, issues related to national building and people‟s rights andregional and international engagement and cooperation during the reporting time.

PART II: IMPLEMENTATION, PROGRESS AND CHALLENGES
Essence of the Progress rooted in Equal Rights and Opportunities
22. The overriding principle for Eritrea‟s progress and achievements is equal right andopportunities. The implementation of this principle is reflected in the following dimensions
with implications to the respect, protection and fulfillment of human rights:There is no discrimination, exclusion, restriction or preference made on the basis of
ethnicity, religion, social status, language, opinion, gender and race.
Tremendous effort is made to bridge the gap in the development of social groups anddiverse areas and thus equity consideration prevail. The equitable distribution of wealthand resources is also maintained. This also considers the special situation of rural
population, marginalized areas and vulnerable social groups.
The population including the Diaspora is active participant and beneficiary of the wealthand opportunities on the basis of an equal footing of all rights. Hence, a system that
nurtures collective responsibilities & duties prevails.
Above all, the enjoyment of equal right and opportunities is sanctioned by national law.
Page 6 of 100

B. Political and Democratic Rights and Development(i)

Progress in Legislative and Governance Priorities

23. As part of the effort to consolidate the rule of law, enforcement of the transitional codes andproclamations, promotion of democratic rights, nurturing responsible participation andrespect of human rights has been perused. The National Charter has successfully driven thedevelopment of state institutions, creation of national capacity and strengthening of the social
fabrics in the society. Hence, by taking stalk of where we came from and where we stand
now after surmounting all the challenges and hostilities in the last 20 years, a new politicalroad map has been declared in 2016. The internal dynamics of the nation as well as the
emerging global and regional realities have been considered significantly. This will set
direction for a consolidated trajectory in the political process and the governance system anda systemic approach of national consultations is also planned for this purpose.
24. The writing of a new constitution was also initiated in May 2015. The development andexperiences of the last 20 years as well as the emerging situation and challenges of thecountry are taken into consideration. This renewed effort is also initiated to strengthen thepolitical course stated earlier. It will also buttress the foundations of robust governance that
Eritrea had embarked on soon after independence but that was interrupted by the border war
and the ongoing existential external threats. As is always the practice, this is also a homegrown initiative driven by the internal dynamics and with the full ownership of the people.
25. Pursuant to Articles 2(4) (5) of the Legal Notice 14/993, the Ministry of Justice also reviewed
the transitional codes by establishing a Law Reform Committee. In the meantime, and tostrengthen the administration of Justice, Proclamations No. 166/2012, 167/2012, 168/2012 and Legal
Notice No. 120/2012 were promulgated in 2012 with the aim of enhancing access to and better
delivery of justice. The provisions encompassed changes in the jurisdiction of courts, refinement of
the procedural laws and the introduction of new laws for more effective enforcement. After 11 yearsof work and consultations, the new Civil, Civil Procedure, Penal and Criminal Procedure
Codes were finally published on May 2015. Among the important attributes of the new National
Codes, the following are worth highlighting:are human right centered reflecting the values of liberation, freedom, democracy
take into account Eritrea‟s rich traditions and cultural mores rooted in encoded, centuriesold Customary Laws which embody, inter alia, workable principles of penal law, basedon peaceful settlement of certain criminal acts in the new penal code
address the civil and political rights aiming to enhance access to better delivery of justiceefforts made to include such crimes sprouting out of the advancement in technology andintricate interactions of human life in the 21st century (example computer crimes, crimes
commuted against aircrafts, advanced crimes related to narcotics, etc)

Page 7 of 100

(ii)The Right and responsibility of the Public to Strengthen Governance

26. An important aim of the nation building process is state building and above all involves
building legal, political, social and administrative institutions of state. This in particularentails strengthening people‟s democratic rights, responsible participation and the power tobe active in the building the functions of the State. The people-power-participation nexus isthus the embodiment for State building in Eritrea.
The Legislation Process and Public Knowledge
27. During the reporting period the legislation process has matured more and the supervision of
their development has been stronger. Most importantly their final endorsement in conformity
to the Transitional Codes has also become more reliable. In this respect, the consultation andappraisal in all forms has also improved. Accordingly, 146 proclamations and legal notices
have been enacted during the reporting period. The publication and dissemination of all
legislations in the Gazzette of Eritrean Laws and their dissemination through media outlets
has consolidated popular awareness on rights and responsibilities. They are also available
and sold publicly in nominal fees. Various forums for consultations, awareness and to instill
responsibility in the wider population have also laid a favorable ground for implementation.
People’s Power for Democratic Rights and Participation
28. The responsible participation of citizens in public affairs is an important feature in thepolitical process of nation building. Hence, their participation in the process andimplementation of national laws, defense, security, development, etc. is instrumental inconsolidating State functions. Furthermore, the right to elect and be elected in the assemblies
at all levels is respected and protected on the basis of Proclamation 86/1996. Accordingly,
the citizens living in each of the six administrative regions are represented by members ofelected assemblies. Through regular yearly meetings, the elected members at each levelassess the situation and issue guidelines to the local and regional administrations. They also
represent their constituency in national policy and development issues and serve as a means
through which the demands and needs of the people are communicated to higher authorities.
29. The role of the people in state building through elected representatives has evolved.
However, further strengthening of the institutional capacity and organizational basis of theassemblies still remains a major task. Furthermore, and as has been mentioned earlier,existential external threats have adversely affected the pace of the political process.
Local Governance as a solid base of the State
30. Proclamation 86/1996 established the six administrative regions of the State. It also promoted
prospects for the gradual process of devolution of certain responsibilities to the regional
administrations. Furthermore, it strengthened the dynamics of development, ensured equal
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and responsible participation as well as the harmony and cohesion of the population. The
regional judiciary contributed to judicial justice while maintaining its independence. The
relationship of the regional administrations with the functional bodies of the state is alsodelineated to strengthen the link in the levels of the governance structure. Ministries are
empowered with functional tasks of developing policies, sector plans, monitoring andprovision of functional support and training. On the other hand regional administrations haveassumed responsibility for organizational, administrative and implementation tasks.
31. Accordingly, regional administrations have implemented development activities in theirrespective areas in accordance with the National Development Plan. They also evolved asbudgetary units of the State. On this basis, regional plans are developed through regional
consultations primarily meant to reflect and implement the national development goals andtargets. They assume responsibility of implementation arrangements in their area but
additionally develop specific activities relevant to their situation and which augment thenational goals. Institutional and resource capabilities, however, remain major challenge.
32. In the above context, the right and dynamic role of citizens in state building has been
harnessed
throughthefunctioning
governance
N Region
Sub Region Locality Village
1 Central
16
83
1,018
system and the local level2
Southern
12
231
842
structure has remained critical
3 Anseba
11113
516
to this. It was slightly slowed
4
Gash
Barka
14
193
289
during the border war with
5 Northern Red Sea 10
10189
Ethiopia but was reactivated
6 Southern Red Sea 430
109
when the fighting halted in
Total
67
751
2,863
2000. Since 2003 communities
Distribution and hierarchy of the Local Governancein villages/localities continue
to establish elected local assemblies and administrations every two years. The three person
community magistrates, one of which is a woman, are also formed through similar elections.
33. Though still at infancy stage, the emerging structure has functioned in a three-tier grassroots
governance system. It is also evolving as an important basis for exercising basic rights andresponsible participation in public affairs that strengthens the popular foundation of the State.
The Government nowadays provides the local governance per capita budget allocation,
professional and technical support commensurate to the size of the population and thedevelopment needs of the community. The community also mobilizes its own resources andcontributes to the development of social services through a modest co-sharing (about 10% of
the cost) in the form of labor, material or finance. It is thus functioning as an effective
democratic structure throughout the country to uphold the rights and responsibilities of every
citizen and the community. But more will be needed to strengthen the organizational,
resource capacities and efficiency of the system.

Page 9 of 100

Consultative Processes Reflecting People-Leadership Unity
34. The consultations held with various leaders, institutions and higher levels of administrations
constitute an effective democratic structure that upholds the rights and responsibilities ofcitizens and the community. The President on various occasions tours the regions anddiscusses issues of national interest with representatives of the people. Issues are raised
including on achievements and challenges and the President responds to their suggestions
and criticisms. Many of these issues are taken on board at cabinet level meetings forassessment and action.
35. Ministers, regional governors and local administrators also conduct seminars andconsultations with communities, cadres, religious leaders and others citizens to discuss sector
policies, legislation, implementation of programmes and challenges. It is also an effort
exercised at local levels. The meetings address critical issues that require the attention of theGovernment and the following could be taken as recent examples:

Consultation and engagement with the Minister of Justice on the New National Codesand implementation and the role and responsibility of the people

The Minister of Local Government conducted similar seminars and consultation
throughout the six regions on the progress and challenges of the land Law (conducted in2015), and on community based structure and development; the meetings on land inparticular addressed critical problems and challenges and highlighted on more effective
utilization of land for all purposes. More than 5,500 administrators, cadres, leaders ofnational organizations, community and religious leaders and other representatives fromall levels, participated. Similar seminars were also conducted by all regional
administrators in which about 65,878 participants were engaged. The process continued
at each level of administration and was finished in the beginning of 2016. Similarly,
6,637 at the minister and 129,445 at regional administrators levels participated in themeetings dealing on community based system and development.

Regional and sub-regional administrators also conduct meetings, consultations on aregular basis to address problems and challenges in their respective areas.

36. The fundamental issue is that the government promotes effective mobilization andorganization, builds unity of thinking and practice and ensures responsible participation
critical for the concerted effort of transformation at all levels. Thus popular and democraticlevels of consultations have been strengthened to ensure participation of the people andexpand their role in strengthening the state and its integrity. The consultations sometimes
need continuity and more effort is needed to strengthen effectiveness and follow up.

Page 10 of 100

Participation in political life and the Role of the PFDJ
37. Since declaration of its National Charter in 1994, the PFDJ has become the epicenter of thepolitical movement of the people and continues to play a strong role in the strengthening theState. It has also served as a drive for the establishment of a democratic political system. Its
significant role in national security during the border war with Ethiopia and the ensuing
external existential threats imposed on the country has also been decisive. The PFDJ also
runs important economic institutions that contribute meaningfully to national development.
In particular this was much evident during the critical times of the nation‟s economic
situation and the absence of forthcoming meaningful foreign investment. Its mobilization andorganizational links at all levels inside the country and in the Diaspora also contributes instrengthening harmony, social cohesion and responsible participation in development.
38. The basic values of liberation, freedom and democracy continue to be the core for the nationbuilding process. In this respect, the government and the PFDJ continue to strength andexpand the upbringing of the young generation and cultural transformation is taking place.
The PFDJ also plays a lead role in the transfer of these national values as cultural heritage, inparticular among the young generation. It has advanced the following six important values:






equality, national unity and citizenshipdetermination and sacrifice to the interest of the people and the nationhigh degree of mobilization and level of organization
self-relianceleadership committed to the people and national interest
decisive role of women(iii) Judiciary and The Right to Fair Trial
Maintenance of Judicial Justice
39. Equality before the Law is guaranteed and the process and administration is based on an
independent judiciary comprising of hierarchical courts and a Public Prosecution institution
headed by an Attorney General. The Public Prosecution‟s independence has been ensured inaccordance to Proclamation No.1/1991 and Article 7 of Proclamation 37/93. Hence, it has
functioned to uphold the supremacy of the law and protect the basic human rights of thecitizens. It also provides judicial and administrative remedies in case of any violation.
40. Strengthening and expanding the Public Prosecution is thus another aspect of the progress.
Until recently, it functioned at national and regional levels only. To further strengthen thefunction, the appointment of attorney generals at sub regional levels is being introduced. This
will contribute significantly in maintaining and consolidating judicial justice at all levels
including at the local levels. The nation has thus trained many legal professionals in higher
level institutions who after a brief experience are capable to work in these challenging areas.
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41. The institutional and organizational basis of the judiciary has been strengthened in line to
Proclamation 1/1991 that deals on the administration of justice. Accordingly, the court
system is also expanded and strengthened at the local levels. The community courts (so far
430 in number) operate with jurisdiction at a village or locality level. They form the mostreliable, accessible and practical part of the system. Regional Courts are present in all six
administrative regions and establish judicial justice and function as the second tier of the
judicial hierarchy. The majority of the regions also have a high court which has both first
instance appellate jurisdiction. The high court with a Last Appellate Division also sits in thecapital city and functions as the third tier of the judicial hierarchy.
42. Consequently, the supremacy and respect of the Law has been strengthened by maintaining
equality with non-discrimination as a major trend. Judicial bodies implement the laws toprevent and punish criminals, establish safety and protect lives and property. During thereporting period, A total of 432,563 criminal and civil violations (an average of 25,445 peryear) took place with a total of 304,000 (70.3%) being convicted in the due process of law(an average of 17,882 per year) (Refer table below). The percentage of closed cases implies
that the remaining cases were acquitted and cancelled (42% criminal and 26% civil cases) as
they did not constitute crimes. This demonstrates that innocent people are free until provenguilty or due to lack of evidence. Continuous effort is, thus, made to uphold the integrity of
the justice process. Moreover, individuals who abused their position or who violate the basic
legal procedures in this regard are brought to justice and punished.

Duration
1999/2015
Av/YearCriminal
Civil
Cases
Closed % Closed Cases
Closed % Closed
10221259166
58 330351 244834
74
6012
3480
19,432 14,402
Table: Comparison of Criminal and Civil Case

43. Lack of adequate knowledge of the contents of the Eritrean laws has always remained achallenge. Hence, continuous efforts to address this problem are ongoing and havecontributed to maintaining judicial justice. As preparation for the full implementation of the
published National Codes, extensive campaign at all levels is also underway to popularize the
new National Codes, create a better understanding on the rights and responsibilities, the due
process of law and the procedures. The familiarization focuses on the national values andnorms of the society, the reality of the society, and unity in diversity, the wealth of customarymechanisms in solving problems amicably and the legal development and international
instruments to which Eritrea is a state party. So far the following have been accomplished:

An extensive discussion and sensitization with all law enforcement agencies took place
for almost a week in collaboration with the Police Training InstituteRegion level campaigns conducted for all members of regional assemblies, administrators
at various levels, all heads of sector representatives at various levels, leaders of the
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




national associations, religious leaders, so as to create guidance and direction for further
enlightenment on the new national codes
Media sensitization and discussion on radio, television, print media is strengthened andexpanded through a collaboration between the Ministries of Justice and Information
The Ministry of Justice has already strengthened its civic education programme and isready for the wider public awareness campaign on the new National Codes
Programmes are already in progress to produce law and society education in junior andsenior secondary schools
Preparation for the translations of the National Codes to all Eritrean languages (alreadycirculated in three languages – Tigrigna, Arabic, and English). is also underway

Equitable Access and Coverage
44. The equitable access of judicial service has also improved the judicial justice. Majority ofcases, especially criminal cases that are brought to the judiciary are minor offences that canbe fixed quickly. However, the dearth of judges who can sit throughout the country has madeit difficult for people to litigate such cases in their vicinities. Given the gravity of the
problems, it became reasonable for the Government to alleviate the unnecessary waste oftime, energy, and expenses to go to the nearest court which could be hours and in some cases
days away. To that end community courts are established since 2003 under the provision of
Proclamation No 132/2003. The members are elected by the community and by law one of
the three judges is a female. To strengthen the judicial justice capabilities at local levelcommunity court judges are given basic legal training, basic literacy programme and file
keeping and management at a center established by the Ministry of Justice in a village called
Meqarka. The courts have created the following advantages:The adjudication of minor civil litigations has enhanced people‟s equitable access tojustice at local level.
It empowered citizens to use their mother language in the judicial process
Furthermore, it has allowed citizens to have access to judicial services within theirvicinity resulting in less expenses and energy
The effort has also empowered communities to deal with issues to a certain level ofcompetence and responsibility.

45. The cases that have been assigned to community courts are those which have social characterand that can best be solved at the community level. The judges in these courts are exhorted tosolve the disputes through conciliation in accordance with local custom before they
adjudicate based on the national law. Appeal is allowed to the next level of regional courts.
Given the effectiveness of the community courts in enhancing access to the justice system,
their jurisdiction has been expanded for the purpose of furthering the human rights of thepeople. They have become important in addressing the causes of law violation, improving
public order and settling disputes at local level. Roughly 85% of judicial cases have been
dealt with by Community Courts with more than 90% of these settled through arbitration.
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Judicial Procedure and Practice
46. Transparency and aaccountability is the main feature of the judicial practice. Hence, clear
regulations and guidelines that ensure and responsibility by all actors have been maintained.
Accordingly, the following established procedures are implemented ensuring themaintenance of justice at all levels:

The proceedings are always open to the public and conducted orally; only in exceptional
cases did the courts seat in cameras with the conditions being regulated by law. Hence,
facts and evidence relevant to make decision are heard in publicThe right to appear and give evidence in the court is guaranteed. Furthermore, all those
whose rights and interests are affected by the case and the proceedings are also entitled totake part and express their opinion and to make applications.

47. In the private-public interest of balancing the process in the criminal procedure, thetransitional codes have ensured a number of provisions that maintain the balance ofauthorities between the three actors: the court, office of public prosecution and police.
Moreover, any indiscretions against the interest of the accused have been handled withineach office through a number of provisions including ensuring the rights of the accused.
Victims have also been given the opportunity to participate in the criminal proceeding withthe view of obtaining quick redress for harms caused to them by the offence.
Judicial Cases and Adjudication
48. Eritrea has developed a legal system which is more inclined to a civil law practice as far as
the substantive law is concerned. In its procedural laws, it has followed more of an
adversarial system of litigation which is more practiced in common law system. As has been
discussed earlier, the majority of the Eritrean population believes in mainly solving its
problems amicably. Hence, the Eritrean customary law more functional especially in the rural
areas and to a considerable extent in the urban areas.
49. In judicial adjudication, evidence collection and utilization is admissible only according to
the law. Witnesses‟ testimonies obtained under threats or violence or any other malpractices
are thus rejected. Hence by refusing to accept any illegally obtained evidence the accused are
not arrested or brought to justice. Torture of any kind is not condoned by Eritrea‟s domestic
laws and is punishable by law. Furthermore, the norm of a society that is founded on
extended family and strong communal ties does not allow such reprehensible practices. The
information gathered under such condition, if it happens is also rejected in legal proceedings.
The judiciary has also periodically monitored prison conditions and takes punitive measureson any prison official if found guilty of such practices.

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50. On the other hand, strengthening public guidance and information has also been an
important dimension. Trial procedure information is widely accessed by all those concerned.
The courts also notify well in advance in the public domain through a special section of thedaily newspapers so that anyone concerned or implicated or with interest is informed about acase. The date, time, procedures and the requirements are thus made public. This
supplements the availability of information to the accused and plaintiff in which registered
written summons on the planned court session are given. The office of registrar also provides
information to all those implicated and concerned in its daily routine work. This also includes
the written decision on the litigation few days after the court proceeding finishes.
51. Public defense still remains a major challenge of the justice system in the country. So far
there is no fully-fledged system of public defense as an institutionalized system that runs inpublic-private partnership. Defendants who are deaf and dump, juvenile and those charged
with offense punishable with rigorous imprisonment exceeding ten years have access to alegal right to public defense. Accordingly, the Court assigns a lawyer (a private practitioner)
to represent an individual charged in the above mentioned situations. The Ministry of Justice
has also assigned public defense from its personnel to represent individuals who are eligible
for public defense in the High Courts that function outside the capital Asmara.
52. In general, the basic tasks and challenges in the administration of justice are the following:

Updating procedural guidelines in the judiciary and law enforcement agencies
Strengthen coordination between judiciary and other law enforcement elements
Awareness raising of the public on rights and duties and responsibilities in the effective
implementation of the new national codes
Address Institution Capacity challenges
Establishment of effective data management of the judiciary process, etc…..

Zero Tolerance on Corruption
53. Eritrea inherited a devastated economy, destabilized social fabrics and a decadent system ofadministration with corruptible culture systematically established by successive colonial
aims. Hence, as explained earlier, the Special Court was created under Proclamation No
85/1996 with mandates to investigate corruption. The policy that underpins its foundation is
the positive attitude of “zero tolerance for corruption”.
54. Since independence, continuous campaign to sensitize the people and the government
institutions on the matter has been going on. Nevertheless, there is no development
corruption in the country as development resources and practices are put to use promptlywith high level of accountability to the people. However, administrative malpractices dosurface in daily life but are vigorously dealt with both legally and administratively. Hence,
continuous struggle has been going to deny space to instances of favoritism, bribery,
negligence in public responsibility, lack of accountability, etc. These are greatly inherited
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behaviors of the previous colonial systems but sometimes arise out of weaknesses ininstitutional capacity and monitoring. There is, however, no complacency and continuous
efforts to raise vigilance and the strengthening of the basic values is always a major agenda.
55. A study presented in the International Eritrean Studies Conferences (October 2016) by anexpert of the NFPS shows that corruption in Eritrea is insignificant. The analysis is based onpolice reports, consultations, informal interviews and recorded corruption allegations andoverall data of the previous 22 years. The assessment made on 1919 cases in which 93.3% of
the cases were charged in the due process of law reaffirms the above conclusion. Officials
and other citizens guilty of any such practices have been charged, punished and obliged torecover embezzled government resources and ill-gotten gains. Others were also given
administrative sanctions and suspensions in accordance to the law. The efforts made havestrengthened the basic values, promoted the collective interests of the people and enabled
economic progress. Moreover, the study also indicates the following:

money and assets involved in the cases considered are mostly small
position of suspects are mostly businessmen and few low ranking officers
level of organization of perpetrators also shows that they are individuals or groups at thesame level, but in very few incidences goes one level higher
no „collusion‟ and „extortion‟ types of corruption exist
there are no reported cases that indicate political /development corruption

On the other hand and by analyzing all the above international literature on Eritrea, the above
study exposes the bankrupt methodology and the ensuing false narrative on corruption
perpetuated to tarnish the image of Eritrea.
(iv) Law Enforcement Agencies and Practice
56. A major effort in law enforcement is the expansion in the demographic distribution of police
services and activities. Presently police centers are operational in 53 sub regions of thecountry. Furthermore, 34 additional police stations have been established in consideration ofdemographic factors and geographical proximity that targets remote areas. There are also
special standby units ready for deployment from the center for any contingency missions.
Obviously, shortage of capacity and facilities remain and more needs to be done. However,community policing has consolidated police presence and service. Community police areelected in meetings of each local assembly. This has ensured collective and shared
responsibility in maintaining public safety, law and order. Though it is a new experience that
requires further consolidation, it is showing the intended results in public safety and security.
57. Respecting human dignity also remains a priority of policing. Police behavior and discipline
is of utmost importance and rules and procedures that reflect the law are exercised andmonitored. They have been instrumental in minimizing any abuse and inappropriate practice

Page 16 of 100

or behavior. The Eritrean Police Force (EPF) also takes appropriate measures on any abuseand violation of responsibility during active service, though the occurrence is minimal.
58. While investigation reports are forwarded to prosecutors directly, police stations are also
under the obligation to write an instant report to their higher officers on any measure andoperation. On this basis the inspection department routinely assesses the adherence of theactions to the established legal provisions and rules of procedures. In the above context, any
detained or those appearing for questioning are informed and requested to forward any
claims of abuses, which after being registered in the Police Diary are forwarded to theInspector officers. Abuses are hence addressed whenever they surface but as mentioned
earlier are insignificant. In addition, an internal EPF bulletin is regularly circulated, reflecting
the best practices and problems and enables members to exchange experience.
59. As a result of the above development, and in spite of institutional and resource constraints,
law enforcement and protection of public safety is maintained successfully with the full
support of communities and citizens. Eritrea is a nation with a very low crime level and thetype and complexity in comparison to many countries is also negligible. The study by theexpert in NFPS (mentioned earlier in relation to corruption) presented in the International
Eritrean Studies Conference also reflects the truth that violent crime is also very low. It
further indicates the following facts on violent crime:






The data of recorded crimes of 24 years was found to be consistent and relevant todetermine minimum and maximum number of offences and trends
Marginal intervention activities have shown significant impacts in reducing crimes
When compared to other countries (comparative analysis of 27 countries across all
regions and various levels of development was made in the study), violent crime rates in
Eritrea is very low and not interlinked with corruption
The impact of violent crime on national development is minimal
Reports released by international organizations on crime in Eritrea also suffer frommethodological problems and don‟t reflect the reality in the country; these western
narratives have gone wild to label Eritrea as a high crime country, but the study showsthat actual homicide rate in Eritrea is one of the lowest in the world

60. The above facts show the importance of law enforcement in the enjoyment of human rights
in Eritrea. An important determinant factor in this regard is the ever growing
police/community relationship. The impact of this relationship in raising public
consciousness, responsibility and organizational capability to fight crime and corruption isindeed very reassuring. In this respect, there are well established avenues for engagement andconsultations with the general public. The periodic seminars, publications geared towards
public awareness on law and order, on community responsibility, etc. are very effective.
These also edify the public at all levels and structures and create a platform to discussquestions and matters brought about by individuals on any legal issue and public safety.

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61. The meetings and consultations organized are also systemic and continuous and EPF sample
data demonstrates the extent of the effort. An average of 1100 meetings and seminars takeplace every year nation-wide. The average yearly participation level also stands at about
520,000. The process is transparent, highly participatory and transformational. It takes placeat all levels (national, regional, local levels) and is also organized along social backgrounds.
These include students, communities at village or urban locality level, industry workers,transport employees, professionals and business people as well as members of various
national associations and organizations. Furthermore, similar but separate seminars andmeetings are also organized with emphasis on road traffic and public safety.
62. Regular sensitization on public order and crime prevention is also given through the media.
The Eritrean Police Force conducts a weekly regular radio programme on civil order, public
safety and crime prevention. A weekly column on crime, prevention and public safety also
appears in the official print media. The EPF also publishes a widely distributed and popularbi-monthly magazine to sensitize the wider population (entitled Police and Community).
63. In the above context, institution Capacity building is also a priority of the EPF. Standard
police guidelines, procedures and code of conduct are operational and regularly assessed andupdated in line to the emerging development and concrete situation. It continuously upgrades
its officers by providing short courses and seminars. On the basis of the consecutive 3 year
Plans, the EPF conducts training to consolidate the police force by training new recruits andretraining those in active service. The training encompasses crime prevention andinvestigation, law and order, laboratory techniques and finger printing, road traffic control
and management, IT and data management, etc. Improving the efficiency and effectivenessof police service is also consolidated through assessments and studies. A computerized datasystem has also enabled a systematic management of crime records, registration of all carsand road traffic violations, and financial and personnel management.
64. The EPF also launched its Strategic Plan in 2011 based on a national assessment of crime
situation and performance levels of key police activities. It has also submitted a plan to
UNODC for international cooperation (in February 2017) and focuses on three areas:Crime Prevention - Reduce crime prevalence by 8-10%, through enhancing:
Crime Investigation - improvement of capacities to expedite investigation by completingthe process of over 80% of all cases within 28 days, increasing the percentage of solved
crimes to over 85%, and improving procedures of arrest, search, and investigation
Human Resources Development - Currently, 7-10% of the members of the Eritrean
Police Force receive trainings within and outside the country in all aspects of police
activities; this guarantees domestic efforts to prevent and combat crimes as well as tosurmount regional and international responsibility and genuine cooperation to contributein countering transnational organized crimes.

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(v)Fundamental Freedoms

Religion
65. Eritrea is a secular state and freedom of religion is protected by law. It is also a culture
respected by every citizen. The country‟s rich history of religious tolerance, co-existence andharmony in a turbulent region that is often wracked by acute religious polarization and strife
remains a great example. Hence, continuous effort is made to strengthen religious coexistence, mutual respect and tolerance. Even within the confines of secularism, theGovernment has shouldered the obligations to ensure that this centuries-old religious
tolerance and harmony is not perturbed by externally-induced new trends of Islamic or
Christian fundamentalism that corrode the social fabric.
66. In general, religious bodies have their respective hierarchies, conduct their own elections fortheir respective hierarchies – the Synod, the Dar-al-Iftae, and other decision making organs
without any intervention from any side, including from the Government. The religious
institutions and their leaderships play a significant role in strengthening the harmony and thesocial cohesion of the society. The interfaith joint coordination mechanism they created is agreat advantage and religious leaders work together to address basic social problems without
any discrimination. In this sprit, Christian and Moslem religious holidays are celebrated injoint inter-faith festivities by the people at local, regional and national levels. They also
promote projects to assist vulnerable communities and groups without discrimination andjoint advocacy at local, regional and national levels. The examples are many but thefollowing can give an indication of their resolve and contribution:

supporting families of those internally displaced as a result of the border war with
Ethiopia and the ensuing occupation of sovereign Eritrean territories
dynamic participation in the fight against HIV/AIDS
role and contribution in the project to support for Martyr‟s families
campaign against FGM/C and early marriage

67. The operation of new faiths, with funding from external source is, however a matter seen in
the context of Proclamation 73/1995. These groups refused to comply with the basic
requirements of the Proclamation and the administrative procedure established accordingly.
They also agitated to sow discord among the different religious denominations. In this vein,
the Government thus strengthened the implementation of the Proclamation and requested the
new faiths to register and declare their source of funding. Most did not want to comply withthe regulations because they are driven by external groups and funding.
68. Moreover, the Jehovah‟s Witnesses had long forfeited their legal status when they refused torecognize the “temporal government” after liberation and opposed the referendum process
conducted in April 1993 to determine the independent status of the nation after 30 years
national liberation struggle. The groups failed to comply with the rules and further continued
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to saw discord among the different denominations. They also attempted to destabilize thesocial fabrics and politicize their activities. The Eritrean Law forbids politicization ofreligion and thus appropriate measures are taken to restrain such activities.
Social Organizations and Freedom of assembly
69. Freedom of association and assembly is also respected by law. The Legal Notice No 5 of1992 on “Registration of non-government national organizations and associations” also set
the right conditions for their establishment and operation. During the reporting period morethan 33 national organizations are operational. Eritrea‟s labor Proclamation also upholds
workers‟ rights and there are about 190 trade unions functioning at present.
70. The associations and trade unions have their own constitutions, elected leaders and activists
and conduct regular and timely congresses, conferences, meetings and activities. Veterans of
the liberation struggle, local communities, social and cultural groups have also formed
association and are active in the social and cultural domains of their communities.
Assemblies initiated at community levels also play a great role in creating platforms todiscuss and address social, economic, cultural and administrative issues. Hence, a system ofnational associations, trade unions and other social gatherings is a reality and includes thefollowing four categories:








Civil society associations contributing to the all-round national development goals –National Union of Eritrean Women, National Union of Eritrean Youth and Students andthe Confederation of Eritrean Workers;
Interest groups established for promoting professional interests (Association ofEngineers, nurses, chemists, pharmacists, doctors, agriculture science, etc.), laborinterests (various federations and unions encompassing various sectors and trades
including in rural agriculture and women‟s economic empowerment);
Organizations established for fulfilling special needs of citizens affected by physical,
intellectual and developmental problems in the society (the Eritrean Association of the
Disabled, the Association for the Deaf, the Association for the Blind, the National
Association of Intellectual and Development Disabilities, etc.)
Community level Associations and organizations – including by veteran fighters
association, community associations, cultural groups and networking, etc.

71. All associations are autonomous bodies and once registered work independently. There is a
close collaboration with their respective related sector of the Government. There is, however,no polarization of interest and national interest has remained the hallmark of the collective
effort and progress. Social organizations have thus contributed in the mobilization,organizations and creation of national capacity. They are also critical elements in advocacy
and sensitization on the main issues of national development. Continuous engagement on
issues of policies and strategies take place and they actively participate in the government
efforts for transformation and progress. Some also have regional and international relations
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and established people to people relationships in their respective areas of mandate. Whilecontinuous effort has been made by national organizations to get international and regional
ECOSOC status, only the Associations of the Blind and Diabetes have secured status at
Africa level. Hence, much more needs to be done in this respect.
Freedom of Expression
72. The fundamental principle in the National Charter, Eritrea‟s Constitution of 1997 and thenational codes and proclamations is that citizens have the right for lawful expression andopinion without interference. Citizens are both participants and beneficiaries of informationand ideas and the ground is leveled without discrimination. This, however, demands
responsibility from every citizen and is related to the collective interest of the nation and thesociety. Hence, it is bound by Eritrean Law and demands protection of national security,
public order and the basic values of the nation as well as respect to others.
73. In this regard, public media has been strengthened and reflects the truth and reality ofnational development. It has cultivated progressive thinking, transformational culture andreliable information instrumental to a knowledge society. Furthermore, it helped toconsolidate the responsible participation of every citizen. On the other hand regional andinternational issues and development are also covered on a daily basis. Hence, thecontribution of Eritrea‟s media establishment to the freedom of expression is ascertained byits democratic nature. Accordingly, radio programmes are available in all Eritrean languages
and TV programmes broadcast in Tigrigna, Tigre, Arabic and English. Presentations in otherlocal languages are also integrated into the available programmes. In general, continuous
effort is going on to expand and strengthen the radio and TV programmes. Print Media isalso emerging as an important dimension of this development. Official newspapers in four
languages (Tigrigna, Tigre, Arabic and English) are widely circulated. Various magazines
with specific purposes published by various ministries, agencies and national associations
and civic organizations are also flourishing.
74. Eritrean media facilities and programmes cater for a wider public participation. They are aplatform for critical reflection, constructive opinion and knowledge. Extensive discussions
and opinions on government policies, development, administration, justice, values, arts,
culture and sports, international affairs, etc. are promoted. They have phone call programmes
where citizens express their opinions and criticism. Individuals with significance in imparting
influence and information are also invited in the radio and TV panel discussions. There arealso thematic issues that impinge on fundamental rights, the social fabrics and related rights,
such as women equality, FGM/C and early marriage, child upbringing and protection, thereintegration of disabled, youth empowerment, etc.
75. To promote free Expression through cultural works, the government encourages the
production and distribution of various cultural contributions. Many writers have continuously
produced and circulated books, literary works (in most Eritrean languages), historical
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publications and documents, supplementary readers for all levels of education, etc.. Dramas
and films are also produced by individuals and groups of artists in various languages.
International Conferences are also organized with the aim of promoting researchdevelopment and integrate Eritrea‟s capabilities into the international intellectual culture. The
International Conference on Language Development in Africa (1999), International Early
Childhood Conference (2002), International Conference of Solidarity on Decent Work
(2016), and International Conference on Eritrean Studies are some recent examples. They
have been instrumental in unraveling the aspirations and potentials of the Eritrean
youth.While all the above effort contributed significantly in strengthening the culture of free
expression, seminars and discussions at various levels and for different purposes also serve inconsolidating critical thinking and participation.
76. The emerging development of Satellite communication has also set a new realm in theculture of expression among Eritreans. There is exponential growth in television satellite
dishes that have sprouted throughout the country including in rural areas and peripheries.
With standard decoders that most families own, households have access to more than 600
foreign satellite TV and radio channels that broadcast their programmes 24 hours a day
without any restriction. Major sources like CNN, BBC, Al Jazeera, CCTV, RT, France 24,
Euro News, Ethiopian and other TV stations from neighboring countries are available on
Arab Sat and Nile Sat easily accessed by these decoders.
Rights of a person in detention
77. In the last 17 years continuous effort has been made to expand and strengthen the
penitentiary system which runs 11 detention facilities (1 of them in the capital city only forfemales). The principle is that detained persons are treated with humanity and their dignity,
security and development guaranteed in accordance to the National Codes. Hence, theunderlying objectives and main purpose of the Eritrea Correctional and Rehabilitation
Services (ECRS) has thus remained to rehabilitate convicted individuals so that they would
become law-abiding and productive citizens when they reintegrate into the society. In
practice, the Prison Services Regulation is strictly followed and implemented. Inmates are
given orientation on the center‟s administration and regulation to acquaint with their rights
and duties. They are also given guidelines and information on how to report on any abuses.
In this regard, prison police (PP) officers who violate the regulation are accounted by thelaw. There are internal codes of conduct to enforce these regulations.
78. The growth in the facilities and services indicates the prioritization of human security andhuman development of the detainees during the reporting period:

5 centers developed their own inpatient section in the clinics inside the prisons
1 center has its own laboratory
Seven centers have AIDS Counseling sections (there were none in 1999)
8 have developed education programme up to secondary level (there were only 2 in 1999)
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

6 have computer training and vocational programmes in graphics and arts, electricity,
accounting, food making, sewing as well as Arabic language offered on request.; in 2016,323 attended these vocational programmes (there was no provision in 1999)

79. Promoting dignified life has also remained an important goal. As such, the prisoners have theright to education, entertainment, health services, religious practice, sport and culture,awareness raising seminars and capacity building programs. To this aim, the system now
runs a network of clinics, academic and vocational programmes, sport, culture, and otherfacilities. The awareness raising programme in particular focuses on HIV/AIDS, majordiseases like Hepatitis, TB, etc, Eritrean National Codes, women equality, national
development, work habits and culture, the causes and effects of psychological stress andother topics of importance. Continuous sensitization and advocacy on HIV Aids and TB is
also given in all prisons. This is done by regional hospitals but all prison clinics also have
HIV Counseling centers. Furthermore, the quarterly magazine of the Prisons andCorrectional Services Center also serves as a source for discussion among inmates.
80. The right of inmates to unrestricted religious belief and practice in accordance with Article 2(2-9) of the Prisons Services Regulations has been implemented. Prisoners continue to pray,
fast and observe other rites that are observed in their respective religion and belief. In mostRehabilitation and Correction Centers this is done in their dorms but the Sembel detention
Center in the capital city has a Chapel and a Mosque.
81. Major prison centers also have their own health facilities that are equipped with basic
laboratories. Serious cases are referred to national health facilities. The National Referral
Hospital in Asmara also has a designated in-patient section to prisoners. The 2016 data
indicates the growing efficiency and effectiveness of the health service for inmates. In 2016,
about 15,378 treatments were given and include 11,290 treatments and 620 hospitalizationsin the prison clinics, and 3321 sent to regional referral hospitals of which 147 were
hospitalized. Routine medical services from nearby dental and eye hospitals are also
provided and 308 inmates from various prisons treated.
82. The national education policy is also implemented in all prison centers. All prisons haveacademic programmes and since 1997 inmates used to participate in the university entrance
examination but were discontinued for technical reasons in 2002. The prison service in
consultation with the Ministry of Education has now sorted out the problem and inmates are
participating again since 2012. Furthermore, an agreement has recently been reached with the
National Higher Education Board so that inmates who achieve passing marks in Secondary
School Leaving Examination are able to continue their studies in higher learning institutions.
83. Various cultural and sport activities take place in all centers. A variety of indoor and outdoor
sport activities have also been introduced to enhance the physical fitness and mental wellbeing of the inmates. Periodic tournaments are held within and between prison services. All
major prison facilities have a cultural troupe of their own and activities are conducted during
Page 23 of 100

national holidays and events, religious celebrations and on special occasions. Furthermore,access to radio, TV including Satellite TV services and print media also helps them get
informed on national and international affairs.
C. Social, Economic and Cultural rights(i)

Macro Level Effort and orientation as a context

84. In the last 18 years economic, social and cultural progress entailed a major dimension of thenational development that nurtures promotion of basic rights. The institutional and legal
framework of the State respects the equal rights of citizens to access publicly funded social
services within the limit of its resources. It additionally protects the social welfare of all its
citizens, especially those disadvantaged and vulnerable. In the above context, sector policies
and plans have been implemented to progressively fulfill these rights.
85. After the culmination of the active fighting instigated by Ethiopia‟s aggression in the pretextof a border dispute, Eritrea embarked in a post-war development campaign named as
Warsay-Yikealo (discussed more in the section on The Right to Development). This post-war
development campaign aimed to revitalize the economy, improve living conditions, reinstate
the social fabrics and strengthen the achievements of peace affected by war and drought. In
terms of strategy the campaign focused on critical bottlenecks and maximized the
exploitation of the comparative advantages to achieve progress.
86. In spite of the limiting factors of resources, hostilities and the unfavorable regionalarchitecture not conducive for development, the campaign has made promising gains in
Eritrea‟s economic, social and cultural development. The Government and the people and inparticular the youth have relentlessly worked to achieve the goal which above all has been
intrinsically tied to national security, national interest and the viable future of the country.
The effort has been driven by the all-round development strategies and impacted on all basic
rights. The following principles are the drive for the government‟s effort:

human right is a primary responsibility of the State and dignified standard of life remains
the epicenter of development

the state‟s commitment is based on the context, needs and human betterment ideals of thesociety and hence priorities are set accordingly

equal right and opportunity is sanctioned by national law

the determination to avoid deterioration of services and rights is always maintained as apriority in spite of external threats and belligerencies
maximization in the utilization of available resources maintained to ensure the bestinterest of the peoplePage 24 of 100

(ii)Dignified standard of life

87. Eritrea expanded and strengthened its social sector strategy to promote dignified life forevery citizen. This is an integrated paradigm that centers on the people and promotes humandignity, security and development. It hence focuses on food security, health security, water
security, environment security and social security. The paradigm also underlines the decisiverole of education as pre-requisite and condition for the all-round development in the political,
economic, social and cultural life of our people.
Food Security and Basic Rights
88. In the immediate years after Eritrea‟s independence, 75% of the population depended on foodaid and the food and nutrition social indicators remained dismal. Indeed, agricultural
challenges as in many parts of the Sub-Saharan Africa including the Horn of Africa region
are huge being affected by recurrent drought. Eritrea‟s agriculture mostly remained archaic
and traditional and rainfall is erratic. Poverty in Eritrea is thus closely associated with theagricultural, agro-pastoral and artisanal fisheries systems of production which, as noted
above, is traditional. About 65-70% of the population depends on the rain-fed farms that
hardly use modern agricultural inputs and productivity is low and inadequate to cover basic
household needs. Food security and nutritional fulfillment are thus driven by the principle ofself-reliance and avoidance of dependency on food aid and the rights to food is a priority.
89. The Macro Policy, the National Economic Policy Framework and Program (NEPFP) andother related plans and strategies hence serve as the basis for this effort. In addition, theNational Agricultural Development Strategy and Policy guides the sector level effort in thisrespect. In spite of the challenges, effort has thus been made to promote structuraltransformation and raise agricultural productivity. Hence ensuring availability, accessibility
and affordability of food has been a major task. In spite of certain gaps in end-of-period
poverty data and demographic data that can be used to estimate the number and type of poor,
the Government believes, that the country has made strides toward elimination of poverty
and hunger. The following indicate the progress.


1

According to the World Bank‟s updated data, the Eritrean economy grew at the rate of
10.9% (1993-97) and by 9.0% (2011-12)1. Using a population estimate of 5.1 million, theWorld Bank estimated GDP per capita of approximately USD 544.00. The Government‟sestimate of the resident population is 3.65 million (2015) implying a higher per capita
income at GDP of US$2.61 billion (current 2011 prices). Furthermore, the Bank builds afavorable scenario in the mid-term mainly driven by mining activities. Therefore, eventhough income and wealth distribution data are not readily available, the Bank‟soverview of the Eritrean economy suggests a significant macroeconomic improvement.

Source: (http://www.worldbank.org/en/country/eritrea), Overview, updated Sept 22, 2015.
Page 25 of 100



Poverty elimination and enhancing food security are the thus cornerstones of thedevelopment policies and programs of the GoSE. A strong institutional and legal basis
has been established and is articulated in a number of documents, including the recent
National Indicative Development Plans, 2009-2013 and 2014-2018. The central goal is topromote inclusive, sustainable and widely shared progress. As the majority of theEritrean population live in rural areas and they derive their livelihood from agriculture,agro-pastoral activities and fisheries, integrated rural development scheme is a major
undertaking to benefit rural communities where poverty had been high.

90. The Government‟s Food Security Program is anchored mainly on the improvement ofagricultural productivity through modernization of agriculture, including resort to modern
irrigation. Soil and water conservation is also a major undertaking in relation to environment
security and fulfillment of food security. More than 624 ponds, 148 small dams, 78 medium
dams and 65 large dams are available presently. Together with the many wells and boreholesthat have been dug, they have improved water availability for agriculture, household
consumption and livestock. Furthermore, Eritrea is pursuing a two-track approach to achieve
national and household food security in a sustainable manner and consists of:building the requisite water and irrigation infrastructures to achieve adequate harvests
each year that can meet domestic demand irrespective of the fluctuations and vagaries ofrainfall in an ecologically fragile environment

Bolstering individual farm-household income through initiatives at sector level and in
relation to tailored similar national level interventions. The phased Integrated
Agricultural Scheme aims to supplement sustainable farm-household income throughdiversification and provision (grants/low-credit arrangements) of 1 cow, 25 chicken, 2
bee-hives, 20 trees (10 fruit trees, 5 for animal feeds, and 5 as source of energy throughregular pruning), and a 1000 to 2500 sq. m. land)

91. In this regard, poverty elimination in general and malnutrition of under-five year children inparticular, are top priorities of the Government. Accordingly, it recently established a
Steering Committee on national food and nutrition security (FNSC) drawn from the
Ministries of Agriculture, Health, Marine Resources, Trade and Industry and Eritrean
Standard Institute. The objective is to improve access to safe, nutritious and affordable foodat the household level and has formed a Technical Committee (FNTC) mandated to: Coordinate food and nutrition security activities and forge strong partnership among
stakeholders, including UN agencies;
 Ensure the nutritional adequacy of children under five years of age as well as
pregnant and lactating women; Accelerate policy review toward elimination of malnutrition; and Increase the production of diversified, locally produced complementary foods.

Page 26 of 100

92. The Government‟s national poverty elimination policy and its highly focused interventions
targeting rural communities have improved the living standards of all Eritreans, especiallythose that were left behind. The MDG targets pertaining to extreme poverty and hunger are
also achieved. Supporting data are expected to be available as soon as the statistical system isreadied and proper surveys undertaken.
93. As shown in the table below, it is estimated that the yearly average demand of cereals(indicated by the ascending horizontal line in the following Graph) in Eritrea in the last 17
years ranged from about 220,000 tons in 1999 to 310,000 tons in 2015 (an average growth of
2.72% yearly). The supply (zigzag line in the graph) fluctuated from a minimum of about
70,000 tons (2002 during the drought period) to the highest of 510,000 tons in 2014.
Vegetable and fruit production also progressively increased from 119,061 tons in 1999 to
288,700 tons in 2014 at an average of 85,000 tons per year (the production in 1992 and 1998
was 42579 and 74925 respectively). Furthermore, livestock development, poultry production,
milk and other necessities also progressed significantly contributing to the above effort.

133.

The Government has also made significant investment in the structural transformation ofagriculture. This has encompassed diversification agricultural productivity, mechanization ofagriculture, resort to irrigation schemes and technology, creating food chain, introduction of
post-harvest pricing and management, and building national capacity. In the last 17 years

4,544,316 tons of cerelas (average of 267,313 tons/year), 3,258,914 tons of vegetables(average of 203,682 tons/year), and 1,293,293 tons of fruits (average of 80,830
tons/year), were produced; total average annual production is estimated at 535,090 tons.
The social indicator of 2.0 quintal calorie/person/year taken as a measure of availabilityof food and nutrition value, this ideally covers about 73% - 75% of the demand (3.7
Page 27 of 100

million population). All the parameters in the objective situation taken into consideration,
this is an important achievement in food availability and nutritional requirements.
The average yearly yield in the last 17 years (with some data still not filled for 2015) isabout 535,090 tons cultivated in an average yearly area of 474,168 Ha.
Production is estimated to be an average of 1.2 tons/Ha indicating the significant progress
made. The MOA data furthermore indicates that in high rainfall areas this has been raised
to 1.5 to 2 tons while in irrigation agriculture it has reached as high as 3.0 tons/Ha.

134.

Raising agricultural productivity through irrigation is also showing progress. The
government has embarked on modern irrigations schemes and more than 58,000 hectares
have been cultivated through irrigation technology (only 9% of the available potential land
for irrigation). This has raised the per hectare yield and predictability of productivity and theopportunity for harvesting two or three times per year thus contributing to food availability
but further expansion is planned. Recently the scheme has been used to empower farmers
and contribute to agricultural sustainability. Consequently, about 683 farmers have been
settled near the Kekebet dam, more than 1700 near the Gerset dam, and hundreds (fromseveral villages) near the Logo dam. They are each allotted land and benefit from theirrigation, electricity and water infrastructure established by the Government to promotetransformed commercial farming models at household level. The experience so far is
positive and promising and further expansion has been planned.

135.

The overall effort on food security has made important strides but much more remains as
the goal also goes beyond creating food self-sufficiency. It is thus related to the goal of
creating contingencies for future eventualities. The Government hence declared the Grain
Board under Proclamation No 30/1993 and has been active in storing significant amounts
during periods of bumper harvest. In general, the investment and the progress in the last 18
years have surely laid the foundation for a better future, with the rights to food and nutrition
modestly addressed. Eritrea is thus progressively moving in the right path towards achieving
food security that guarantees availability, accessibility and affordability of food in a way that
fulfills the minimum standard requirement, as a right to all.

136.

In the difficult circumstances when rain failed and food markets soared, the Government
has however, used its reserves forcontingency measures. Furthermore, it
RegionSub Regions Centersproactively defended the right of the
1225Southernpeople through prudent measures of
16
64
Centralmarket stabilization. Hence, it takes
1424
Gash Barka
subsidy measures to alleviate the1125
Anseba38
Northern Red Sea 10
problems. The Hidri Programme of food
4
25
Southern Red Sea
subsidies is an intervention that reflects
Total
67
201
the government‟s commitment and runs
Regional
Distributionof
Hidri
Centers
201 centers (Refer box).

Page 28 of 100

137.

The programme aims to ensure availability, accessibility and affordability, especially tothose affected by any food shortages and vulnerability. An average of about 10 essential
food items is sold at subsidized prices and some items at rational prices in order to alleviate
the problem and reverse the inflated food market prices. The amount supplied is determinedby the size of the family and managed as a basic right to be respected. For logistical reasons
not all the basic items are available in some regions. Nevertheless, the equitabledemographic distribution in all regions and sub regions, the rational fares and distribution as
well as the huge subsidy invested attests to Government‟s commitment. In the last 15 years
there has never been famine that exposes the people to hunger.

138.

Monitoring the standards of food is also maintained to address quality and safety. The
Legal Notice No 33/1997 promotes the issue of standard in the society Furthermore, thePlant Quarantine Proclamation No 156/2006 has been applied to prevent the introduction
and spread of pests through the importation of plants and plant products, take appropriate
measures for the control of introduced pests and prevent the presence of pests in plant andplant products during export. In this respect, the Legal Notice No. 114/2006 has been strictly
applied for regulating importation, handling, use, storage and disposal of pesticides. On theother hand the Legal Notice No. 113/2006 has been enforced to determine the standards formilk and milk product processing plants. This has ensured the production of hygienic andsafe milk and protect the health of consumers. Preliminary steps have also been taken to
promote milk storage centers in three major towns and have ensured quality and safedelivery. Three modern cold store facilities with capacities of more than 17,000 tons havealso been established to preserve food items in a safe environment.

.
139.

In general, the ministries of health, agriculture and trade and industry in collaboration
with local administration structures continue to monitor the safety of food products andstandards. This includes the delivery processes and quality. However, the issue remains agreat challenge in particular in relation to imported and packaged food materials and plants.
Some of the major challenges where more efforts needs to be made could be the following:-Develop and review procedures for issuance of certificate of qualification for agriculturalprocessing plants
Reinforcing quarantine measures, and administer and supervise border controls
Issue sanitary and phyto-sanitary certificates for animal and plant exports and permits forexports and imports of animal and plants as well their products

Health care as a right140.

The National Health Policy of Eritrea (2010) has promoted the enjoyment of the highest
attainable standard of health for all as one of the fundamental rights of every citizen. The
Government heavily subsidizes the health service and is provided for free and without any
discrimination. The priority commitment is primary health care. Since 2000, this has been
implemented through cycles of five year strategic plans. The working principles of the
Page 29 of 100

policy are based on equity, comprehensiveness of service, cost effectiveness of technology
and interventions, complementariness with other sectors, decentralization, human resources
development and community participation and mobilization. The following are some of the
major instruments and plans implemented in the past 2 decades:









The National Health Policy of 2010, and the National Health Sector Strategic
Development Plan (2012 – 2016). The policy and strategy have taken special notes on
Family and Community Health Care services in all health facilities and communities.
The Reach Every District (RED) Strategy for immunization is part of the Sustainable
Outreach Services (SOS) introduced and implemented in hard-to-reach areas.
Adolescents‟ Health Policy and Strategic Plan, which advocates that adolescents havethe right to be heard, air their opinions on their health needs.
The Integrated Management of Acute Malnutrition (IMAM)
Integrated Management of Neonatal and Child Illnesses (IMNCI)The National Child Survival Strategy (NCSS) - end of 2008 serving as a reference
framework for a better integration of Maternal and Neonatal Child Health (MNCH)
related programs, and prioritizing a minimum package of effective interventions.
HIV Policy and strategy on elimination of mother to child transmission (e-MTCT)141.

In this context, prioritization of integrated early childhood interventions has enabled early
detection of any problem or disability and has impacted in reducing effects and their severity
if any. The high level of achievement in immunization against polio, measles and vitamin Ain particular is a major success in this regard. Early intervention is also integrated in school
health programmes through the joint effort of the Ministries of Health and Education.
Children get eye, ear, and dental screening (including through mobile vehicle clinics) andthose with health problems receive the necessary medication and support. Identification ofmental health problems are also conducted at an early stage in schools.

142.

However, various harmful traditional practices deeply rooted in the tradition and culture,in particular, FGM and early marriage expose citizens to ill health and disability and arehence promptly discouraged and combatted. Consequently, advocacy measures against
harmful traditional practices have been strengthened. Furthermore, administrations and law
enforcement agencies take commensurate administrative and legal measures against such illpractices. Hence, respect and protection against infringement on the rights of women arebeing challenged more with the support of communities achieving the desired results.

143.

In general, regular monitoring is done in hospital and clinic services, supportive
emergency services, community led total sanitation projects, water points, and food anddrink establishments. The commitment to control the effects of hazardous and toxic
substances to health in mining companies is also a major task. Corporate Social
Responsibility Reports and Health Standard Assessments have shown the high level ofsafety in Eritrea‟s mining.

Page 30 of 100

144.

Promotion of equitable health provisions is also a major agenda and services have been
established with emphasis on rural areas and previously neglected social groups.
Nationwide, there are 340 health facilities, comprising a hierarchy of a national referral
hospital with specialized services, regional referral hospitals, community hospitals, andhealth stations, clinics (including 7 mother-child care clinics) and 43 functional waiting
homes
for
pregnant
women.
Consequently
the
Demographic
distribution is such that more than 60 %of the population in rural areas hasaccess to health care within 5 km and
78% within a 10 km.

Description
Health Stations
Health Centers
Hospitals
Total Facilities
Doctors
Specialists
Doctor/Patient Ratio
Nurse/Patient Ratio

1991
72
5
16
93
20
2
1:40,000
1:9500

2016
256
56
28
340
232
78
1:15,086
1:3000%Growth

255%
1010%
75%
266%
1060%
3800%
62.3%
64.4%

Table: health service demographic distribution

145.

Progress in fulfilling the right of children and mothers to quality health services is apriority issue in the promotion of dignified life and human security. Eritrea showed
tremendous achievements in this respect. Under-five mortality rate was reduced by 69
percent to 47 per 1000 deaths in 2015. During the same period, infant mortality rate was
reduced from 93 per 1,000 live births in 1990 to 34 in 2015 and neonatal mortality from 34
per 1,000 live births in 1990 to 18 per 1,000 live births in 2015.

146.

A significant right contributing to the progress in health security with a high level ofcommunity participation is the efficient and effective immunization system. MDG, WHO
and UNDP sources verify thatChildhood Mortality Rates per 1,000 live births),1970-2015. - UN-IGME 2015
Eritrea‟s immunization rate in one
year olds is 98% (global = 84%,
Africa 73%, America‟s 94% and
94% in Europe). Immunization
coverage is virtually universal,
accessible to all children andwomen in the reproductive year old.
Eritrea‟sachievements
in
immunization are well ahead of the
sub-regionalandAfrica-wide
performance, according to global
UN data.
Eritrea‟s 2010
Page 31 of 100

immunization levels for polio and measles as examples were 99 %, compared to 79 % for
ESAR and, 81 % and 78 % respectively for Africa as a whole. Eritrea‟s complete country
document for polio free status is also recognized by The Africa Regional Certification
Commission (ARCC).
147.

Similarly, Eritrea is the first country in East Africa to eliminate maternal and neonatal
tetanus. Although sporadic measles outbreaks have been experienced, particularly inunimmunized adults, measles-related child deaths have been reduced to below standard.
Hence, it is not considered as a public health concern for children below 5years of age
especially after the introduction of second dose of measles in 2013 .This is intrinsicallyrelated to the efforts made to uphold the right and safety of children and mothers nationwide.

149.

As revealed in this table, the trends in Maternal Mortality: 1990 to 2015 Estimates byWHO, UNICEF, UNFPA, World Bank Group and the United Nations Population Division(WHO, 2015), reveal that the Maternal Mortality Ratio has declined from 1,590 per 100,000
live births in 1990 to 501 in 2015, and projected to 485 per 100,000 live births in 2016.
Accordingly, MMR decreased by 70 percent from 1990 to 2016. The annual rate of
reduction for Maternal Mortality Ratio during 1990-2016 was estimated at 4.6 %.
Eritrea‟s health policy also addresses
Maternal Mortality Ratio Estimates per 100,000 live
the safety and protection from majorbirths, 1990-2015
health threats and diseases. This mainly
targets malaria, TB, HIV/AIDS and othercommunicable diseases. Malaria isendemic in Eritrea and considering it as amajor public health concern, theGovernment launched a Roll Back
Malaria Strategy in July 1999. Since
1999 the overall malaria morbidity has
gone down by 90 percent, while theoverall mortality due to malaria has
decreased by 86 percent. In this regard,
Eritrea‟s exemplary achievement has got recognition by the AU and on January 30, 2016,
Eritrea received the Alma Award for Excellence in the Malaria Fight. The TB incidence ofabout 90 per 100,000 is also the lowest rate in the Horn and Eastern Africa Region.
Comparison of 1990 (year before
Indicators1990 2014 Reduction
Eritrea became independent) and 2014
243
78
68%
Incidence of TB
is given in the above table.

150.

151.

Eritrea has also taken measures tohalt the spread of HIV. HIV prevalence
has been reversed while still at a low
level, with a current estimate of 0.9 %Prevalence of TB
Mortality due to TB
TB/HIV mortality
TB/HIV incidence

478
12

123
4.7
2
4.9

74.3%
60.8%

Control of Tuberculosis – estimated per 100,000 people

Page 32 of 100

in the general population. Respect and protection of the rights of those infected is also amajor Government task with the full support and decisive contribution of all nongovernment actors. The establishment of the HIV/AIDs Persons Association (named Biddho– meaning Challenge!) is also a significant step in avoiding stigmatization andmarginalization of victims. During the reporting period, the Government has assisted 5,654
persons infected and affected by HIV/AIDS. It provided them a monthly USD 35 cash
assistance to improve their nutrition and enhance their immune system, very crucial to thesurvival of the patients. The NUEYS has also established the Eritrean Social MarketingGroup and promotes awareness, education programmes, support schemes and condom
distribution to assist prevention efforts.
152.

Defeating blindness in Eritrea is also a major task. As a result of the successful vitamin
A supplement programme blindness is now rarely seen. Prevention effort on trachoma,
cataract blindness and related health problems is also pursued significantly. The eye
hospital in the capital city and the major eye clinics in each region conduct cataract surgery
and provide treatment on eye diseases and injuries. Trichiasis surgery is also routinely
provided in few regional eye clinics A survey conducted by the MoH in 2009 shows thatcataract incidence is fairly low, although it was lower for women. A total of 5,694 cataract
surgeries were conducted during the reporting period and 3,846 people were diagnosed withglaucoma and given treatment. Moreover, hygiene and sanitation awareness campaigns arealso administered as part of the Preventive and early intervention strategy.

153.

Committed to meeting the need of cataract blinds in Eritrea, the Fred Hollows IOL HighTech Laboratory is providing IOLs (Intra Ocular Lenses) to eye hospitals and clinics. It
commenced production in the mid-1995 and has since produced over 2.2 million lenses andover 2 million people (including Eritreans) have restored their sight problems. The
Laboratory meets the domestic demands and exports market to Asia, Africa, Europe andOceania. The quality undergoes quality assessment by in-house and international quality
control institutions. Quality and every stage of the manufacturing process is managed by aset of Standard Operating Procedures. The Laboratory was ISO 9001, ISO13485, MDD
Certified and CE Mark accredited by an international body in 2000. These certifications
confirm its compliance with European and International standards of quality manufacturing
practice of medical devices enabling world-wide export of the Eritrean IOL product.

148.

Eritrea has also made concerted effort to ensure the availability and affordability ofessential drugs. AzelPharma Industry, established in 2001, produces more than 48 products
covering 7 therapeutic ranges and the list is going to increase in the near future. Medicines
are sold at subsidized and sometimes at affordable prices and are accessible over the counteron the basis of medical authorization for prescription medicines. Eritrea imports additional
drugs, but monitoring the standard of the drugs is also a major task.

154.

Access to safe drinking water and basic sanitation, complemented by consistent hygienic
practices, is amongst the core prerequisites of sustainable human development andPage 33 of 100

wellbeing. Diarrheal disease is persistently one of the three leading causes of mortality
among under-5 year children, and of morbidity among the general population (HMIS, 2014).
This is largely attributable to lack of access to safe drinking water, poor sanitation andhygiene practices. Promoting environmental health and water sanitation is thus an importantgoal. Accordingly, Eritrea committed itself to achieve the MDGs of 72% access to water and
54% sanitation facilities by 2015 and invested substantially to achieve these goals.
155.

Currently, the priority environmental health intervention is rural Community Led Total
Sanitation (CLTS), in which villages are sensitized to make latrines (of their own choice)and make their village "Open Defecation Free (ODF)". The program also intends to expand
to the urban areas of Asmara and the regional capitals. Other hygienic measures such a handwashing, use of safe water (Wash promoters), ventilation in the cooking quarters and raising
consciousness on air and water pollution are also promoted.

156.

EPHS (2010) data revealed that 70% of households in Eritrea (35 % urban and 90 % ofrural households) are without toilet facility as compared to 74 % (39 %t in urban and 96 %in rural) without toilet facility in 2002. The trend improved at an annual increase rate of
1.4%, from 1995 to 2010 and projected to increase to 32% in 2015. CLTS approach is alsobroadened to promote access to sanitation and safe drinking water, food hygiene, personal
hygiene and cleanliness of the home environment. Implementation of this approach has
shown considerable progress in relation to WASH since 2008. As of July 2015, more than
911 villages were triggered and 663 villages declared open defecation free (ODF). This
indicates that more than 24% of the total villages are free of open defecation.

157.

Overall all the achievement in terms of the right to life and health is the progressachieved in life expectancy. Life
expectancy at birth increased
from 48 years in 1990 to 63 in
2013. This is partly due to the
reduction in infant and childmortality and the reduction in
adult mortality caused by malaria
and other life threatening
communicable diseases.

The Human Rights to Water
158.

The Ministry of land, Water and Environment is working towards the amalgamation of
the main principle of sustainable development into the nation‟s development priorities andstrategies and mitigate environmental degradations. Hence, reversing loss of water resources
and improving the provision of sustainable water access for all citizens is a major task. In
this regard, regulations and the management tools of the government including the Eritrean
Water Law 162/2010, the Potable Water Regulation 42/1998, Water Policy Paper of Eritrea,
Page 34 of 100

Eritrean Water Quality Standard, the Planned Sanitation Strategy of Eritrea and many otherpolicy instruments are implemented. Promulgation of environmental protection andrehabilitation are also in place. Furthermore, regulations and directives are also planned tofurther strengthen the respect and protection of water rights to every citizen. This includes
urban water supply services management, national water tariff/pricing system, internalgrievance procedures and dispute settlement between/among different users.
159.

At independence, about 7% of the rural population in Eritrea had access to safe drinking
water. The Government invested huge amount of resources in water security and thepromotion of water rights. Hence, current estimates show that 85.5% have access (Refertable below water accessibility progress by year since 1999) to secured water supply schemes (rural
79.5 %, urban 95%). The total capital budget invested since independence (until 2014) for
achieving this progress amounts more than 6,355,429,524 Nakfa (USD 403,519,334.86).

Year
Urban
Rural
General

2001
50
20
30

02

03

04
63
25
33

05
41

06
90
59
71

07

08

09

65
73

71

74

10
>90
77
78

11
>90
79

12
>90
78
80

13
>90

14
>90

15
>90

82

83

85

16
95
79.5
85.5

160.

By 2018 the government plans to reach 90% water availability and accessibility at anaffordable level. Recognizing that almost 20.5% in rural areas do not have access to safe
water, the task ahead is indeed challenging. Hence, a serious rethinking of overall water
resources planning and management in the face of chronic drought, falling water tables andgaps in hydro geological data has been going on in the last decade. As discussed earlier, theissue of sanitation and personal and domestic hygiene is also a major issue.

Education and human right161.

Education is an issue of social justice and is respected and protected as a right throughthe provisions of all aspects of the established institutional and legal framework of the State.
The underlying principle is the right of every citizen to have equitable access, continuity andquality education. Equality in education has been sanctioned by National Law and ismonitored by the concerned regulatory bodies. It is also enforced by the local and regional
administrations. The National Education Policy reviewed in 2012 has further consolidated
the State‟s commitment to the sector highlighting its critical role in national development.
Education has thus been linked to national unity and citizenship, promotion of national
interest and building progressive morality. Hence, it is based on the context, needs andhuman betterment ideals of the society and has served the promotion of human dignity,
security and development of the Eritrean people. Education is free in Eritrea!

Equitable Access and Coverage
162.

During the reporting period equitable access and coverage has been expanded. As part ofthe effort to promote integrated early childhood development, pre-school education has
Page 35 of 100

grown by 264%. In general, the Pre-School level has emerged as an important element of theupbringing of children. They constitute 14.8% (age bracket 0-4) and 13.4% (age bracket 5-9)of the population. The system is still at its infancy but showed progress in addressing theright of children and establishing the institutional basis for early intervention. Presently, thePre School system is a network of 483 preschool institutions employing 1,456 teachers andserving 38,443 children. Universalization of primary education and middle school education
all also expanded by 70.1%, and 104.7% respectively while secondary level expanded by
89.3%. The school system also encompasses a network of 1,411 schools accommodating
605,932 students and a work force of 14,709 teachers. They together form a significant pillarof the national educational system geared towards national development.

Level

1. Pre Primary
2. All Levels
 Elementary Middle
 Secondary
Total
3. Total basic level

Schools andInstitutions
Growth1999 2015%

Student No
2015

Student No% Growth
1999-2015

Total
2015
Teachers%
Female483

449

45,233263.721456

97.4

593 955
110 352
37 104740 1411
703 1307

61
220
208
90.70
85.90

353,859
141,746
87,664583,269
495,605

70.07
104.7
89.3

8346
3563
2800
14709
11909

56.7
24.2
19.1

88

54.6

81

Table: growth in educational access and coverage

163.

The demographic distribution also improved reflecting the focus given to rural andperiphery areas thus reducing prevailing disparities. Rural students comprised 62% ofelementary, 48% middle and 41.3% of secondary levels by 2015. In this respect, the fact that
more than 60% of students have got
the opportunity to attend up to
Tot
Level
Rural
Student
No%
students
middle level demonstrates the22385861.9361684Elemfulfillment of the right to education
70112
47.7
147031Jun
at basic level (67% of the
population live in rural areas).
Basic level
293970 60%
508715
Reports also show that 65 schools in
40139
41.3
97217
Secondary
Rural as a % of total students
3 regions (ten of these boarding
schools) have promoted the right ofnomadic children. The total enrolment in these schools is 6,844, and 43% are female. A
national workshop on nomadic education was also conducted in 2011 to consolidate theachievements and to draw strategies and plans for expansion.

Mother Tongue Education as a policy
164.

Eritrea has a progressive language policy with a solid institutional and legal basis. Thereis no official language and all Eritrean languages are treated equal. For functional purposes
Page 36 of 100

and due to their relative advantages, Tigrigna and Arabic, as well as English (for functional
reasons) are used as languages of communications.
However, they do not possess any juridical privilege on
Level
Grade Agethe other languages. The Eritrean languages are thus
Pre-school 2 years 4-5
progressively promoted and utilized in administration,
Elementary 1-5
6-10
judiciary, education, culture, media and other aspects ofMiddle6-8
11-13
daily life. Mother tongue education as a right in Secondary 9-12
14-17
particular is respected and protected as an essential
element of maintaining social justice. The right of every
child to learn in his/her own mother tongue or any other local language of choice at primaryschool level has been implemented as a policy and is also sanctioned by law. The policy also
promotes the opportunity to continue the mother tongue as a subject beyond elementary, but
this has not been implemented fully due to circumstances and limitations of capacity.
165.

Mother tongue primary schools are opened and the right is respected no matter the size ofthe student population. The range of the use of the mother tongues in the six regions has thus
dramatically increased from the lowest 3 in the Southern Red Sea Region to the highest 6
medium of instruction languages in the Gash Barka Region. The policy has contributed inmaintaining social justice, social emancipation, transfer of basic values as cultural heritageand ensuring the effectiveness of education from the early ages. The myth that the hugeeconomic and management cost of the mother tongue education policy will be a burden to
the government and the society and hinder progress has been shattered by its great value.

166.

The situation of out of school children is a critical issue equity in education. The 2016
MOE study has identified the reasons and has come up with recommendations. The study
revealed that 33.7% children fail to enroll in pre-primary, elementary and middle levels. The
data also shows that out of school children encompass 64,123 (73%) of age 5, 65,063 (19%)
age 6-10 and 91,410 (41%) of age 11-13. Hence, Elementary Complimentary Education(ECE) is introduced as a programme to addresses the right of the 9-14 age children who areout of school. In 2016, the number of beneficiaries of this programme reached 6,751
children (46% of them girls) in 108 villages from disadvantaged areas. During this period
81% completed the 3 year programme and continued in the middle level regular schools.

Relevance of Educational Provision
167.

In terms of relevance, age across educational levels (table below) has been defined bypolicy. Accordingly, the right of children to enroll at the right age has improved. In spite ofsome irregularities and back log in implementation, the age ranges of education in the school
system are thus working effectively contributing to reduction of opportunity cost due tovarious factors.

168.

In general, Gross Enrolment Ratios (GER) and Net enrolment ratios (NER) haveincreased at all levels of the schools system. While the level of the NER at the primary level
Page 37 of 100

is significant, a lot more needs to be done at the other stages to fulfill the requirements of theestablished policy and regulation. The MOE is thus continuously working to address its
multiple effects in terms of opportunity cost, the economics of education and aspects ofeducational planning management with implications to the fulfillment of rights. In general atable is provided to show the progress in both GER and NER during the reporting period.

1999
2015

GER
T
M
80
86
105 111

Elementary
NER
F
T
M
73 51
53
98 82
85

F
48
79

MiddleSecondary
GER
NER
GER
NER
T
M
F
T
M
F
T
M
F
T
M
F
58 66
51 14
15 13
25
31
19 16
18
14
77 80
72 38
37 38
30
32
28 18
18
18
Table: GER and NER Comparison at all levels during the Reporting Period

169.

Secondary education consisted of 3 years before 2003 but this was revised in tandem withthe comprehensive curriculum review undertaken by the Ministry of Education. As a result,the duration was extended by one year to a total of four years. Within this revised
programme, 12th Grade schooling for all High School students takes place at the Sawa HighSchool (within the premise of Sawa Education and Training Center) for a number of cogent
reasons. University entrance is predicated on students obtaining passing marks in the
National High School Leaving Examinations. Hence, aggregating all students in one highschool for their last secondary school year has created a level playing field and has ensured
higher meritorious competition. It has also played a critical role in consolidating theirharmony, social cohesion and experience sharing.

170.

The right of students to acquire quality education at the appropriate level has also
improved in particular at the elementary and middle level. The relevance of education in
relation to the upbringing of a new generation imbued with the desired knowledge, skills,
capacities and attitude has improved but much more needs to be done in terms of qualitytransformation. On the other hand, the effort to reduce wastage and efficiency in the school
system is becoming more protracted and despite steady improvements there is a long way togo. Fulfilling the right of every citizen to quality education thus remains a priority.

171.

In the above context, the Ministry of Education has continuously conducted revision of
the curriculum, teaching methods and school organization and thereby ensures the quality ofeducation. The achievement levels and attainment targets are being assessed andtransformation of the monitoring system to ensure efficiency and effectiveness of the school
system is taken as a priority. The overall effort has been to transform the teaching-learning
process into a student centered approach and teacher management and school organization
have thus been adapted to the ongoing change. In spite of the efforts and the hugeinvestment made as well as the progress achieved, quality still remains a major challenge.
More significant measures are, however, planned for the next 5 years and the zero wastage
policy after the completion of secondary school education is implemented.

Page 38 of 100

As mentioned earlier, all secondary schools finish their 12th grade studies and sit for the
National Secondary School Examination in the Warsay Yikeal Secondary School inside the
Sawa Education and Training Center while they also finish their national service training
immediately after. The following multiple tracks of continuity are also promoted for those
who participate in the National Secondary School Leaving Examinations in accordance totheir achievement with no one left behind both in education and training:-

172.







those who score passing marks join the higher learning institutions and continue
education at degree and diploma levels and after graduation are deployed various
government bodies and national institutions
students who fail to achieve a satisfactory level of passing marks to qualify in the above
higher learning institutions continue at the Sawa Center for Technical and Vocational
Education; they gain middle level technical skills and are similarly deployed to the work
places
The rest who completely fail are given opportunity to acquire the one year minimum
level of practical vocational skills in the recently established vocational center in aroundsome of the transformational development projects of the Government (theyaccommodate over 6000 trainees at a time) and directly employed in the labor market

173.

In line to the modest growth of the economy and the ongoing effort to create macroeconomic stability, the Government has introduced a new remuneration system in 2016. This
introduces substantial increase of salary to the civil service. In this vein, graduates who passthrough the above multiple tracks of education are directly deployed to work and integrated
into the remuneration system to get normal salary. Accordingly, a graduate at certificate
level earns a gross salary of ERN 2,000 (considered to be the minimum wage in the system),
2 year diploma ERN 2500, 3 year diploma ERN 3000, 12+4 degree level 3500 and 12+5 at
ERN 4,000. The effort is managed as a process and requires some time to finalize and will
eventually cover the whole spectrum on national service members. The one year compulsory
national service/community service in the development activities of the nation is to beslotted in other convenient time.

Gender Parity in Education
174.

The right of girls in education has been respected and protected by national law and all
proclamations and policies. In spite of the many challenges, gender parity index in education
has improved. In the 2014 – 2015, out of the 605,932 students from primary to secondary
levels, 274,050 were girls (45.3%). Accordingly, GPI reached 0.83 at primary, 0.82 at
middle and 0.83 at secondary level. This reflects the effort and progress made to ensure theright of girls to education and guarantee continuity to higher levels.

175.

In some ethnic groups and rural areas certain cultural practices, poverty, social role in thefamily, gender stereotypes and in very few cases some religious pressures still inhibit girl‟s
Page 39 of 100

rights to education. The Ministry of Education in collaborations with the local
administrations, civic organizations, religious leaders and parents committees continue tosensitize the communities and significant transformation is taking place. Local assemblies
and administrations have also introduced strong measures to enforce the right of girls to
education. Incentives are also introduced to support needy families who make sacrifice tosend their daughters to school. In some targeted areas, the government has establishedboarding schools to ensure reliable opportunities, in particular for girls, to continue theireducation all the way up to the secondary school level.
Adult literacy as a condition for Continuity and Empowerment
176.

Eritrea believes education is a lifelong process. A fundamental issue is the eradication ofilliteracy in the society. The literacy programme started in 1994 on the basis of programmes
and experiences of the liberation struggle under the EPLF. The experience is broad andencompasses the eradication of illiteracy from the liberations struggle fighters of the EPLF
during 1972 and the literacy and adult education campaigns launched in the liberated areasof the EPLF during 1983 – 1991. The mother tongue education as a policy was also applied
during this time both in the adult literacy and education programmes.

177.

Illiteracy has been the main obstacle, to development and the technical revolution inagriculture and social life. The literacy adult education programme was introduced in a small
scale as a pilot during 1994 – 1999 and 52,360 adults (87.72% being women) participated.
The mother tongue policy is also implemented in the Adult Literacy Programme. In the last
16 years consecutive three five year strategic plans have been implemented to fulfill therights of citizens to literacy. During this period about 1,000,000 (88.13% are females)
participated in the programme with 80% completion rate. The yearly average level ofparticipation is estimated at about 62,500 participants and is part of the three year adultliteracy programme. In many places those who finished their study have been able to get
employment in the local enterprises of their villages.

178.

Evening classes are also functioning mostly in urban areas. It is an area that has not beenutilized significantly bearing in mind the enormous expansion and coverage of educationand social facilities throughout the country. In 2015/16 the number increased and 4, 088
students enrolled at elementary, middle and secondary levels in all regions. About 2, 648(74.6%) completed their education and 1,044 (25.54%) dropped out. Enrolment has also
expanded in particular to Northern Red Sea, Gash Barka and Southern regions. The
significant development is that this programme has presently expanded to semi urban areas(example Afabet, Maymene and Maydema). The easy access of participants‟ to the National
Secondary Education Certificate Examination in their local areas is also a motivation tocontinue education while productive at work. The efficiency and effectiveness is, however,influenced by the low level of enrolment (teacher student ratio is 1:13). Hence, maximizing
the utilization of the resources remains an important task.

Page 40 of 100

179.

In 2016, a national workshop of all stakeholders was conducted to assess the progress of
the adult education programme. The workshop assessed the achievements and challenges in
the past 25 years with respect to the fulfillment of every citizen‟s right for continuing
education. National and regional level reports, research papers, and various thematic issues
were presented. The outcome and the recommendations of the workshop is now being used
to redefine Eritrea‟s strategic policy and plan on adult education. The International Literacy
Day is also observed throughout the nation and is used as an opportunity for the continuous
mobilization of all stakeholders to achieve the goal.

Continuity of Education and Human Capital Formation
180.

Sustainable
national
development
Noof % of
Graduates Total
demands a human capital that fits into theInstituteofTechnology
13,57145.55
various branches of the economy, social
Institute of Agriculture
4840
16.24
services, cultural development and otherCollegeofBusiness
and
4,694
15.75
aspect of life. Hence, the rights andEconomics
opportunities of free higher learning andCollegeofMarine 1420
4.77
polytechnic education has been given due
Science & Technology
consideration. Accordingly, the government
College of Arts and 1,476
4.95
decentralized higher education and the only
Social Science
university (Asmara University) with about
Collegeof
Health 3515
11.8
4,000 student capacities was transformed into
Scienceseven higher learning institutions spatiallyCollege of Medicine and 278
0.933
distributed throughout the country. The
Dental Science
premises and facilities of University of
Total
29,794100
Asmara are also being used by the Orota
No of Graduates of higher learning institutions
School of Medicine and as a center forin the last decade
research and development on top ofadvancing some master level programmes. The total student population in all Eritrean
Institutions of Higher Education (IHEs) at the end of the 2nd semester (2015/2016 AcademicYear) reached 10,231, out of which 6,891 (67.4%) were enrolled in Degree; 3,295 (32.2%)
in Diploma and 45 (0.4%) in Postgraduate programs at Masters level. The following higher
learning institutions are functioning and contributing to the human capital formation (SeeTable above):-The Eritrea Institute of Technology located in the Central Region, is today offering BSc.
and MSc. courses in engineering, the pure sciences and education.
The College of Health Sciences and the Orotta School of Medicine and Dental Scienceoffer first degree in medicine, pharmacy, medical technology, public health, nursing andrelated fields.
The College of Marine Sciences and Technology in Massawa (Northern Red Sea Region)
offers first degree courses in marine engineering and marine sciences.

Page 41 of 100



The College of Arts and Social Sciences in Adi-Keyih (Southern Region) provides degree
courses in the humanities.
The Business and Economic College in Halhale (Southern Region) offers degree anddiploma courses in economics, finance business management
The Agriculture College in Hamelmalo (Western Eritrea), offers degree, diploma andMSc in agricultural engineering and plant and animal sciences.




181.

The gender parity index at higher learning institutions has also assumed a positive trend
and growth. With the exception of the slight irregularity seen in the College of Business andEconomics in 2015/16 academic year, the pattern of growth is promising (Refer tablebelow). The present 41% participation level of female students in higher learning is aremarkable progress. Furthermore, the right and opportunity accorded to female students inscience and technology, health and medicine, agriculture and marine science and technology
is an additional reflection to the effort going on to create a reliable human capital formation
for a diversified growth of the Eritrean economy.
N

Institutions of Higher Learning

1
2
3
4
5
6
7

Eritrea Institute of Technology
College of Health Sciences
Orota School of Medicine
Hamelmalo Agricultural College
College of Marine Science and Technology
College of Business & Economics
College of Arts & Social Sciences

Female Composition in %2009/10 2011/12 2014/15 2015/16
33.8
41.1
33.6
35.92
35.7
35
43.4
45.67
22
25.9
26.8
28.4
32
37
43.0
50.37
13.3
17.6
27.8
37.8
28.6
33
40.5
36.1
22.8
24.9
44.9
48.75

182.

Technical and Vocational Education and Training (TVET) is provided in 8 technicalschools at intermediate level (for 2
years after completing 10 grade of
No Areas
MF
Total
secondary education). The number of
1
Business & Admin
115 953 1068
schools has increased from 4 in 1999
2
Modern Machinery
514 83597
to 8 in 2016. Enrolment has also
increased from 908 in 1999 to 3,613
3Building Technology 01 658 115 773
in 2016. They graduate about 7004
Building Technology 02 473 63
536
800 students annually. The Sawa
5
Agricultural
234 25259
Vocational
Training
Center,Technology
established in 2007 also has five
Total
1994 1239 3233
vocational schools and caters 19
Enrolment in 2015/16
specializations. It graduates anaverage of 2000 students annually in a one year certificate program for secondary schoolleavers. The Center constitutes an important milestone in the diversification andvocationalization of education.

Page 42 of 100

183.

As part of the TEVT Curriculum development, 72 textbooks of 34 trades have beenreviewed and new ones developed in collaboration with teachers and other stakeholders.
Various training institutions that engage in vocational training have contributed professional
support this endeavor. Professional support is also provided to various TEVT institutions inorder to ensure the quality of the training. In addition 25 instructors of TEVT have
graduated from the Eritrean Institute of Technology (EIT) in July 2016.

The right to participate in the control and management of education
184.

Educational establishments promote a democratic and participatory culture inmanagement and control. Above all, students are encouraged from early ages to exercise
participation in the process and management. This is a significant dimension of all education
policies, proclamations and regulations. Regular meetings with students are conducted at alllevels and students share responsibility in the environment of learning and the progress.
There are student committees at various levels. Furthermore, as a way of cultivating
responsibility, students elect their prefects and representatives in the School committee. The
right of parents and indeed of the communities to participate in the management and control
of schools is thus promoted. The School Organization Regulation ensures the establishmentof a tripartite school committee consisting of teachers, parents and students. The committee
also functions to promote the right of students and in particular of girls in education.

Right to take Part in Cultural Life
185.

Eritrea came in the heels of the protracted liberation war that claimed more than 65,000
martyrs, a heavy price paid for human rights and basic values. Similarly, it lost about 21,000
in the last border war with Ethiopia. The liberation struggle and the sacrifice paid laid thefoundation of a national culture upon which the Eritrean State is established. This reality
embodies the values of liberation, freedom and democracy gained through huge sacrifices. It
asserts the citizenship, unity, progress, and peace and stability of the Eritrean people. The
transfer of these values as cultural heritage to the succeeding generation is thus an important
aspect of nation building process. In this context, the respect for diversity and in particular
cultural diversity is guaranteed by national law.

Laws, Proclamations and Policies
186.

The National codes, the National Charter, the Macro Policy and all other instruments
have clearly outlined the responsibility of the Government to strengthen the national culture.
Various and diverse measures have been taken to respect, protect and fulfill the right ofevery citizen to take part in cultural life, to beneficiary and active participant in its
sustenance and access advances in science and technology. Community based ideals andapproaches on cultural life are also mainstreamed in all policies and programmes of theState. They constitute an essential part of a comprehensive system and include education,
defense and security institutions. The media in all its forms and programmes also contributes
Page 43 of 100

to this endeavor. In general, pogress has been achieved and is reflected in the harmony,social cohesion and, peace and stability of the nation.
187.

Pursuant to the provisions of the Transitional Civil Code of Eritrea (TCCE) the respect
and protection of authors to publish, produce and reproduce their work is guaranteed by law.
It encompasses all works of the mind including literary works, musical compositions,dramatic-musical works, radio phonic or radio visual works, choreographic works or
pantomimes the production of which is reduced to writing or otherwise, the works of the
figurative arts and illustrations, maps, plans, sketches, plastic works pertaining to geography,
topography, architecture or other sciences. Furthermore, any other work created by theintelligence of their author and presenting an original character are respected and protected.
However, many challenges and obstacles remain due to institutional and organizational
capacity to monitor and respect these rights and more effort is needed. The rights of authors
are also exercised by the heirs of the producer after death for a period of fifty years from thetime of publication of their work. The civil and criminal code of Eritrea also offers
protection of such work and any act of infringement also leads to civil or criminal action.

188.

The protection of scientific, artistic, literary productions has also been considered. A
significant move in this respect is Proclamation No 177/2015 on the cultural and national
heritage. It reaffirmed the continuous effort and commitment to protect and safeguard thetangible and intangible cultural heritage. The capital Asmara is now a world heritage site
after hard work that went on for almost 20 years. In 1997 the Government developed astrategy and launched a project through an office established for the preservation of thehistoric buildings. During the process a document (consolidated with photographs andsketches) encompassing 4300 buildings, 257 streets, 38 open public areas were prepared.
Consequently, the Asmara Nomination Dossier was submitted to UNESCO in February
2016 and led to the nomination of Asmara for inscription in the World Heritage List. On 8
July 2017, UNESCO included Asmara in the World Heritage List. It it to be noted that
Eritrea has also acceded to treaties dealing with culture such as the convention on theProtection of the World Cultural and Natural Heritage of 16 November 1972, Convention on
the Protection of Cultural Property in the Event of Armed Conflict of 1954, and Convention
for the Safeguarding of the Intangible Cultural Heritage of 2003.

Promotion of Set of Cultural Institutions and Structure
189.

The Eritrean Government has worked to promote access, enjoyment and involvement
including in the transfer of cultural heritage. The set of cultural institutions have beenstrengthened and expanded to support the ideals of cultural transformation. Hence, cinemas,
museums, cultural centers, art and literature groups, libraries, sport centers, clubs andactivities, and organizations (of various types) have flourished albeit, with so many
limitations and challenges. Various cultural, folklore, artistic, drama, literature groups of thevarious ethnic groups are formed at local, regional and national level reflecting the beauty of
the national culture and the dynamics of a united people with rich cultural diversity.
Page 44 of 100

190.

The set of cultural institutions also complement the work of the other sectors of the Stateand contribute to the growth and capabilities of the human capital. This is reflected in thegrowing knowledge, skills, professional and technical capabilities and attitude of citizens.
They all constitute part of the infrastructure to promote rights and participations in culturalactivities. The promotion of music, dance and dramas reflecting the values of unity,
sacrifice, commitment and hard work is advanced by the various cultural troupes including
folklore cultural groups functioning at community level throughout the country. There arealso 65 specialized cultural troupes functioning at national and regional levels. They include
groups from the PFDJ Culture Department, police, army, air force, groups from all ethnic
groups constituted at regional level as well as private entities.

191.

Eritrean cultural festivals held yearly at national and regional levels and in the Eritrean
Diaspora communities also augment the on-going effort. Festivals epitomize the richdiversity treasured in the culture of the nine ethnic groups of the Eritrean society. Youthfestivals are also organized every two years in the Sawa Education and Training Center andcoincide with the yearly inauguration of national service members. They all embody thenational culture and are successfully used to mobilize participation, transfer the basic
national values as cultural heritage to the new generation and contribute in culturaltransformation. The youth through these festivals and all other measures outlined earlier
ensure the two elements of cultural transformation. They inherit the culture and values
accumulated by the society thereby guaranteeing assimilation. On the other hand, they takethis one step forward through their contribution, creativity and innovations.

192.

The production and publications of books, films, dramas and visual art is also evolving
and the youth is the main drive in this endeavor. The establishment of the Hidri Publishers(HP) in 1995 also promotes the publication of books in all Eritrean languages. HP is afounding and active member of the Eritrean Publishers Association (ERIPA) established in2001 to expand and develop the publishing industry. So far HP has,

20082016
Av/Y

published books in 6 out of the 9 local languages, namely, Tigrigna, Arabic, Tigre,
Kunama, Nara and Bilen
reprinted and translated foreign publications into Eritrean languages throughagreements and arrangements; These include books on history, language, culture,philosophy, fiction and genres; about 85% of the books are original and the rest aretranslated or reprinted books
prepared an electronic dictionary (called ERIDIC), based on the English-TigrignaArabic dictionary published in 1998 by the EPLF during the liberation struggle

Song

Music
Cassette

Clips

Films

ScriptBook

Magazine

Brochure

BulletinBooklet

3340
418

768
96

652
82

612
77

104
12

986
123

296
37

179
22

159
20

51
6

Total

7147
893

Page 45 of 100

Right to Enjoy the benefits of Scientific Progress and its Applications
193.

Cultural transformation entails making available the latest development in science andtechnology, raising the knowledge and consciousness of the people and ensure their
participation and contribution. An important goal in the Macro Policy of the Government is
the advancement in science and technology. The government is thus working to create anenabling environment for individuals to work and manifest their creativity and innovation.
The Eritrean Science and Technology Development Agency established by proclamation
122/2002 works to promote and coordinate the application of science and technology indevelopment and to build capability on research and innovation. Students in the higher
learning institutions every present innovations in various science and technology areas at
individual and group level, through own initiatives or as part of the research projects withoutstanding and promising results. Children and students in the school system also present
innovations at their own level, which are also displayed every year at the National Festival.
The Government is also working to establish a center to encourage science and technology
innovation and a committee has also been designated to undertake a study.

The Emerging Reward System
194.

Role models and exemplary citizens in different walks of life have been honored andencouraged. The Zagre award, the Soira award, the Shingruwa music Contest and the
Raimoq award for best artistic performers, are some examples. On the other hand, rewardingof exemplary farmers, workers, etc has become part of cultural transformation in the
country. There is no doubt that much remains to be done in all these aspects, but the basis
has been laid. In particular the science and technology innovations produced and displayed
yearly by children and the youth during the yearly festivals have become a significant drivein the cultural transformation of the society. Innovations created by individuals are also
rewarded by the President during the National Festivals.

(iii)

Promoting adequate living

195.

Improving the standards of living has been considered significantly in the areas ofhousing, utilities, transportation and communication. Land for housing was distributed andmany houses built but it is still a major challenge. Accessibility to electricity has increased
from 22.9% in 1995 to 43.5% (urban 81% and rural 22.6%) in 2015 but energy challenge
still continues to be a major challenge of development. Hence, Eritrea has embarked into acomprehensive strategy of energy that also includes alternative sources of energy. Road
transport has also expanded by about 62% and more than 70% of the villages (about 1790
villages) have been covered presently through a fleet of about 1769 buses. In 2016, the one
direction loading capacity of bus transport at national has reached 53,000 passengers fromthe 17,000 in 1991.

Page 46 of 100

196.

New communication technology is also on the rise. The number of GSM mobile
subscribers has grown from 16,168 in 2004 to 501,865 in 2016 (an average increase of about
40,474 subscribers per year). The system covers the whole country as proper facilities havebeen installed widely in most places but more effort is going on to expand the capacity of thesystem. Land line and fixed wireless technology also cover about 80% of the country.

197.

Internet service started in a small and limited capacity in the year 2000 but the annual
increment is substantial. The broadband width remains slow because Eritrea could not join
the sea-based Fiber Optic Cable connection when it was launched 12 years ago for financial
reasons at the time. But the Government has been negotiating with overseas companies andFibre-optic based broadband internet access will be secured sometime soon. The prevailinglow bandwidth and speed notwithstanding, there are no restrictions on internet access andinternet cafés are preponderant everywhere. They provide service to the public with properconsiderations of the national laws and have become useful medium for information tappingand exchange. The social media is also becoming more popular in particular among theyouth, professionals and businesses.

(iv)

Social Security and Protection

Social security and protection is promoted as an important requirement in the fulfillment of theeconomic, social and cultural rights of citizens, in particular among the vulnerable areas andsocial groups. The necessary institutional and legal framework is established and the National
Pension Scheme (Proclamation 135/2003), the Public Sector Pension Scheme ( Proclamation
136/2003) and the Marty‟s‟ Survivors Benefit Scheme (Proclamation 137/2003) in particularhave been legislated to back up the provisions stipulated in the Transitional Codes. In addition,
the labor proclamation has provisions for various short-term benefits for invalidity, sickness,maternity, employment injury as well as family allowances. The Department of Social Security
is established within the MOLHW to manage and monitor both the pension schemes and plightof the martyrs‟ families.
Supporting Martyr’s Families
The Martyr‟s Survivors Benefit Scheme (under Proclamation No 137/2003) is one of thebiggest social protection programmes of the Government. It is run by the Hidri Trust Fundand spends an average of ERN 311 million (equivalent to about USD 20 millions) every
year. An amount of ERN 4,046,137,757 (equivalent to about USD 269,742,517) has beenspent during 2004 -2016. This in the first place provides monthly allowances to ensure
decent life. This is implemented and monitored through all the offices and branches of the
Ministry of Labor and Human welfare and in collaboration with local and regional
administrations. Furthermore, the Government also promotes self-financing activities both as
grant and through small credit schemes. To augment the effort, the Government has also
allocated a third of the shares of several privatized state enterprises to the Hidri Trust Fund.

198.

Page 47 of 100

199.

The involvement of Eritrean communities inside the country is significant. Eritrean
communities through their local level structures, networks and associations support themartyr‟s families in their agricultural activities, harvesting and other social affairs. The
participation of the youth in supporting martyr‟s families is significant. Various government
employees, members of the army, police and students also participate in this endeavor.

200.

Eritreans in the Diaspora are also involved in a project aimed at contributing financial
support to the martyr‟s families. Each Eritrean volunteer supports one or more families at therate of USD 360 per year for at least two years. There are more than 15,000 families
supported through this important scheme and demonstrates the significant contribution ofEritreans in the Diaspora in development and social security projects. The project has also
served and contributed in establishing family links and relationship which is alsocharacteristic in the family values of the Eritrean society. It is a relationship which goesbeyond kinship and the extended family relations and very vital in dealing with challenges
and problems collectively.

Pension Scheme
201.

The MoLHW has been working to set up governance mechanism and to identify efficientsystem for the collection of contributions, as well as a eventual management of the pension
scheme fund once collected. The pension scheme for employees in the public services is the
only program currently at hand. The scheme for the civil service is so far running but it
requires further efforts for full implementation.The contributions paid by the employers andthe employees are collected on the basic salary of the employee. The basic requirement in
the administration of the fund is that the amount of due payments shall not exceed theavailable amount of disbursement and the fund is meant to regenerate itself. The vision of
the ministry is to make sure that the pension scheme should cover all workers both in the
public and private sectors.

202.

After the outbreak of the border war with Ethiopia, the Eritrea government has beenburdened with the task of continuing the benefit entitlement of the former civil servants andmembers of the army and police of the ex- Ethiopian government in Eritrea. The establishedscheme bestows the Ethiopian government to shoulder its responsibility and guarantee theentitlement of these 27,406 regular pensioners and survivors. Considering the prevailingsituation of war, belligerence and hostilities, the Eritrean Government has continued theirbenefits that amount to about ERN 24 million/year (equivalent to about USD 1.6
million/year). So far the Eritrean Government has covered this benefit expenditure
amounting to ERN 432 million (equivalent to USD 28.8 million).

Addressing Effects of war, disasters and drought
203.

Both human made effects and natural calamities have also played a role to exacerbate thelivelihoods of the Eritrean people. The 1998-2000 war with Ethiopia caused several
Page 48 of 100

hundreds of thousands of people to be driven out of their homes to take safe haven in areas
safer from the Ethiopian invasion. Assessments made by researchers from the University of
Asmara in 2001- 2002 showed the impact of the wanton destruction made by Ethiopian
aggression. The damage on 304 schools (254 of them primary schools) disrupted theschooling of 140,365 children at the time. 90 health centers and six hospitals werecompletely or partially destroyed. Places of worship, communications facilities, roads, watersupply and distribution systems and energy facilities were bombed or looted. Entire herds of
livestock were either killed or driven away across the border by the Ethiopia army. The
report estimated the total monetary value of the damage at USD 717.5 million. The worst
humanitarian effect was the internal displacement of over 90,000 citizens (60% children).
204.

The Eritrean Relief and Refugee Commission (ERREC) in cooperation with all
stakeholders thus organised temporary make shift camps and organized humanitarian
support to the more than 90,000 IDPs. This was further exacerbated by the 1999 –m 2004
drought in some parts of the country. In the event, the Eritrean people shouldered
responsibility and cooperated in hosting the displaced citizens by sharing community
resources and healing of the displaced population. This was historic and of paramountimportance reflecting the culture of cooperation in the social fabrics of the Eritrean society.
After the agreement for the cessation of hostilities was signed, most IDPS returned home.
However, IDPs whose villages are still occupied by Ethiopia have been temporarily resettled
in nearby communities of their preferences. They are provided with social services including
education, health, transportation, communication and clean water supply. In as much as
possible efforts are also made to incorporate their rehabilitation into the development
priorities at national and local levels.

205.

The Ethiopian Government also expelled over 85,000 Eritreans and Ethiopians ofEritrean origin during the 1998-2000 border war. This was mostly done along the dangerous
route of the war frontlines. Most of the expelled citizens were reintegrated into urban areas.
About 28,350 of these volunteered to be resettled in rural agricultural areas and all theneeded support and services was provided by the Government and the succeeded in
becoming self-sufficient. Tracing and reunifying dismembered families and restoration of
livelihoods to normalcy also was another major effort. Only 239 of the thousands of children
left behind when their parents were expelled were eventually reunified with their families. In
spite of the challenges, significant programmes of recovery and reintegration continued
during the reporting period to support the victims.

206.

In an attempt to heal the displaced and deportee children, the MoLHW, MoE and the
NUEYS conducted concerted efforts on psychosocial support and promoted recreational
activities. All displaced and expelled children were supplied with necessary school materials
as well uniforms. Psychosocial programmes such as counseling were provided and culturalactivities including music, dance, storytelling and community theaters as well as sport wereorganized. Furthermore, NUEYS also developed and implemented landmine risk awarenessraising education in the affected areas.
Page 49 of 100

207.

The clearance of landmines also occupied a center stage in ensuring the safety andprotection of the population in the areas affected by the border war. A National Demining
Authority (NDA) responsible for all mine action policies and a National Demining
Organization (NDO) with the responsibility for the physical removal/clearance of landmines
and unexploded ordinance have been established and rendered invaluable services inalleviating the grave threat posed to the lives of our people.

208.

During the border war and the aftermath, some parts of Eritrea were hit by drought,
exposing citizens to shortages of food and other basic supplies. Therefore, the Government,of Eritrea appealed for international support but the response was short of the needs andmobilization of available resources was made to address the critical problems and areas. In
2011, Eritrea also experienced volcanic eruption in the south eastern part. The volcanic ash
and earth quake caused some damage to livestock and property in the affected communities.
The Government responded to this natural calamity by moving the communities to safer
places and providing them with emergency supplies. Moreover, the flood that displacedcommunities in the Foro sub region in 2015 was also addressed by availing the emergency
needs as well as moving the affected population to a safer place. In general, the humanitariansituations were contained mainly by mobilizing and organizing the available local resources.

209.

Despite the strenuous conditions that resulted from the conflict and drought years, theGovernment of the State of Eritrea also heavily invested in the voluntary repatriation andreintegration of the Eritrean refugees from Sudan. The effort encompassed those who had
stayed extended periods of years since the liberation struggle and those who fled during therecent border war with Ethiopia. In the course of 2001-2004, about 81,712 (41,877 females)
voluntarily returned from the Sudan to their areas of their choices in the six regional
administration in Eritrea through the repatriation program of the Government and continues
up to this date. The host communities also welcome and share their resources with thereturnees.

Protection of Family as a Social institution
210.

The family has always been the basic social institution critical to the stability of the social
fabrics and the overall development of the Eritrean society. In particular, the role of thefamily in the upbringing of the new generation and the transfer of values as a cultural
heritage have been of paramount importance. Hence, protection of the family has assumed acenter place. All institutional and legal provisions pertaining to the family relations havebeen implemented and monitored to ensure that men and women of full legal age enjoyed
the right, upon their consent, to marry and to establish a family freely without any
discrimination and to shoulder equal rights and duties in all family affairs. In particular, theTransitional Civil Code has protected the right to succession irrespective of gender, age withall family members involved in inheritance without distinction. Even though legislation
provides for equal rights and opportunities, attitudes and cultural practices still constitutePage 50 of 100

major obstacles which affect the prospects of change and rendering it slow and gradual. The
Government of Eritrea, however, has shown strong commitment and political will topromote equality and eradicate existing discrimination as it considers the equal participationof women essential for development and the establishment of a just society.
(v)

Labor rights and Work Conditions

Equal rights and employment/recruitment
211.

The Transitional Codes and the Labor Proclamation of Eritrea (No. 118/2001) haveprovided protection and avoided discrimination in labor opportunities. It must be noted that
continuous effort has been made to implement the Labor Proclamation which repealed all
the proclamations that were enacted before. The labor law is a progressive instrument thathas been tested in practice to strike the balance between economic prosperity andfundamental workers‟ rights. It also reflects the essence of the core International Labor
Organization (ILO) conventions of Eritrea is party to. In line to the international labor
conventions on decent work, job opportunities and social justice, the Government acceded toseven conventions (out of eight core conventions). On the other hand, there is unwarranted
concern about worst form of child labor but preparation is underway to ratify the eighth
convention i.e. the worst form of child labor convention (No.182).

212.

The labor situation, as all other matters, is seen in the context of the prevailing situationof the nation. The fact is that the whole nation is mobilized and organized in the post-war
development campaign to work and contribute through collective efforts and burden sharing
responsibility for national development and survival in the situation of existential external
threats. This is a prime consideration and necessity of national security and impinges into all
aspects of life, working conditions, deployment and employment prospects. Nevertheless, inaccordance to article 118 (7) of the Labor Proclamation, the right to work is respected andprotected. Accordingly, job seekers may apply for a job to the employment services unit of
the Ministry of Labor and Human Welfare (MoLHW), or to a private employment agency,
or directly to the employer in accordance to Article 5 of the Proclamation. The regulation ofprivate employment agencies is, however, still in the drafting process, and hence the freely
chosen employment by every individual continues through the other two methods.

213.

In the above context, the overarching goals and strategies of the MoLHW is promotion ofdecent work that ascertains employment and recruitment rights. The department of Labor
with its three pillars is hence, uniformly distributed throughout the country. It focuses on
promoting the Government policies and strategies. Labor unions have been registered andcollective agreements have been established. Resolving labor disputes through conciliation,
arbitration and adjudication of cases have also been instituted in all regions of the country.
Moreover, employment services and labor inspection systems have guaranteed equal
opportunity and continue to monitor working conditions as well as occupational safety andhealth. There are also 45 health and safety committees at the workplace.
Page 51 of 100

214.

The enforcement of the respect for the rights at work contributes to poverty elimination,
strengthens social justice and maintains peace. Hence, discrimination among workers, inparticular in the training and employment of vulnerable groups is avoided. But effort has
been made to empower victims of war and vulnerable persons such as demobilized
combatants, refugees and displaced persons so as to become productive. In addition, theparticipation of women in economic activities and employment and retraining opportunities
for youth has also been stepped up. The National Confederation of Eritrean Workers(NCEW) also promotes vocational and technical training programmes to upgrade workers‟
skills and ascertain employment opportunities.

Age restrictions and enforcement
215.

The elimination of child labour is dealt both legally and administratively through thejudiciary oversight and labor inspection. If any crimes relating to child labour are committed
in violation to the Transitional Penal Code, the Police and Prosecutors are actively involved
and bring the case to the court. In line to to Article 143(1) of the labour proclamation, thelabour inspection service also continuously supervises the workplaces, monitor the executionof the labour proclamation, enforce corrective measures and bring any offenders to justice.

216.

It is to be noted that the government introduced a policy to expand Basic Education of 8
years (was 7 years until 2002) that is gradually made available to all children. In thiscontext, Article 9 of the Labor Proclamation No. 118/2001 indicates that any person in theage of 14 years has the capacity to enter into a contract of employment. If it is determined to
be prejudicial to the interests or against the schooling of the individual, however, the above
mentioned contract is not enforced against a person below the age of 18, pursuant to Article
69 of the Labor Proclamation. This is strictly supervised and monitored by labor supervisionand monitoring in collaboration with the local administrations.

Remuneration and progress
Primarily, the term “Remuneration” includes the ordinary, basic or minimum wage andany additional direct or indirect payables, whether in cash or in kind, by the employer arisingout of the worker's employment. According to article 41(2) of the Labor Proclamation wages
shall not be less than the minimum wage fixed by collective agreement and enforces the
maximum 8 hours of work and consecutive 24 hours of rest in a week time. The labor codeis also aligned to the ILO equal remuneration convention No 100. Hence, the starting
wages do not only apply for the same type of work, but require equality of remuneration fordifferent types of work, which are of equal value.

217.

218.

In this context, collective agreements made between trade unions and employers havebeen applicable under the Labor Proclamation. It is believed that it is one way of securing
the principle of equal pay for work of equal value accomplished by Eritreans. The current
Page 52 of 100

report of the Labor Department reveals that so far there are 136 registered collective
agreements operational under the Ministry of Labour and Human Welfare. In this regard, allundertakings which have collective agreements have abided by the principle of equal
remuneration for work of equal value. This takes into consideration national condition andpractice, as well as article 102 (3) of the labour proclamation. Hence, the principle of equal
remuneration has been determined through the collective agreements.

Year
1991
1999
2015

No of agreements% growth

50
100
136

100
36

F
3,550
6,957
8,609

No of Workers
Total % of F % growth
10,45034
20,85033.5
99.5
23,124
37.1
11

Table: Registered collective agreements

219.

Objective appraisal is also used to differentiate wages in conformity with the principle ofequal remuneration for work of equal value. Indeed, jobs or positions rely on the volume,
complexity and difficulty of work and remuneration set accordingly. In accordance witharticle 102 (3) of the Labor Proclamation, job appraisal has thus been an inherent part ofcollective agreement. Employers and workers are thus entitled to evaluate the work
performed at enterprise level. Overall, the employer may not deduct from the wages of an
employee, except where it is provided otherwise by law or an express written agreement.

220.

Social security is also guaranteed by law as well as in other pertinent proclamations andnotably in the National Pension Scheme (Proclamation 135/2003) and the Public Sector
Pension Scheme (Proclamation 136/2003). These social benefits are undoubtedly projectedto address the main programs of the social security benefits, ranging from short term benefits
such as severance pay and maternity leave, and the long term benefits like old age anddisability. The National Pension Scheme Proclamation No. 136/2003 covers both public andprivate sectors. While provisions relevant to public servants have already been proclaimed in
the Public Sector Scheme pursuant to the Proclamation no. 136/2003, a draft law to govern
the private employees is left for further plan of action and guideline. The public sector is acontributory scheme which requires contribution of employer (government) and employee.

Workers‟ Capacity and Upgrading
221.

The Ministry of Labor and Human Welfare has continually worked to improve theemployment services and operations. This is meant to provide people with the best possible
job opportunities and upgrade their skills to participate actively and equitably indevelopment. In this vein and as an attempt to build the human capacity at enterprise level,the Labor Proclamation 118/2001 provides a provision on the issue of a special contract.
This is undertaken by an employer and apprentice to promote vocational training. Hence, in
accordance to Article 33 of the Labor Proclamation, the special contract on apprenticeshiphas been enforced and monitored and at least included a vocational training that anPage 53 of 100

apprentice should receive, its duration and the pocket money provided during the process.
Article 102(7) of the Labor Proclamation also compels both employers and workers an
opportunity to bargain collectively on issues of education and vocational training.
222.

On the other hand, special contract on apprenticeship compels the apprentice to follow
diligently the instructions and directives given to him in the process of training, andendeavor to complete his training successfully. Moreover, Article 20(6) of the Labor
Proclamation demands on the employer to take necessary measures to train his employee.

Labor Rights and Expatriate Workers
223.

Employment opportunity is extended to expatriates when scarcities of skills occur inparticular occupations. In such circumstances, the Government does not only render an
employment opportunity for expatriates, but also levels the ground for the transfer
knowledge, skills and professional capabilities to local employees by co-working together.
Similarly, in areas where there is no shortage of capacity in the labor market, Eritrean
citizens are allowed to work abroad to gain both skills and acquire economic benefits.

Year

Expatriates in Eritrea
Male
Female
Total

Eritreans Working Over seas
Year
Male
Female
Total

1999

1,121

160

1,281

1999

661

798

1,459

2010

1,192

199

1,391

2010

225

246

571

2012

604

92

696

2012

89

545

634

2013

36

157

193

2013*

2014*
2014
65
354
419
2015*
2015
13
201
214
Table : Number of expatriates and Domestic workers sent to work abroad

Working conditions, monitoring mechanisms and measures
224.

During the reporting period, focus has been made on monitoring equal opportunities in
employment and remuneration, prohibition of child labor, guaranteeing of health and safety
in the work place, maintaining minimum labor conditions, the right to form associations,collective bargaining and capacity building for skill enhancement. However, these working
conditions are only the minimum standards set, and both employer and employee have beenencouraged to agree on more favorable working conditions that benefit the worker. In thisregard, the contracting parties determine the amount of wage, but it may not be less than theminimum wage fixed by collective agreement in any undertaking.

225.

The requirements of Article 23 of the Labor Proclamation 118/2001 has been strictly
adhered and monitored effectively during the reporting period. Hence, no discrimination
between citizens and migrant workers in the place of work has been seen. Thus employee‟s
Page 54 of 100

race, color, nationality, sex, religion, lineage, pregnancy, family responsibility, marital
status, political orientation or social status also has not been applied for the termination of
employment. On the other hand, in light of the progress and the growing need to consolidate
the minimum working conditions, the Ministry of Labor and Human Welfare is currently
engaged in the drafting of amendments to the Labor Proclamation.
226.

In the above context, the labor inspection service has continuously monitored theworking conditions pursuant to the relevant Articles of the Labor Proclamation. The goal has
been to ensure the observance of the minimum conditions of safety, health and environment
as well as the provision of protective equipment in the work place. Employers, who violated
the basic principles and conditions, have been brought to justice. A comparison of thesituation during the year when the border war with Ethiopia erupted (1998) and in 2015 has
been given in the following table:Year
1998
2015

No of establishments Fulfilledinspected
1,548
322
1505
239

Inspection Results
Directive Warning reported
togiven
legal authority
1,094
131
1
1036
142
78
Comparison of Labor Inspections and Measures

227.

Tripartite relationship and procedure have also been strengthened in the overall labor
relations in Eritrea. The Court of Labor Relation board has played a significant role in thisrespect. It is composed of 2 representatives of workers, 2 representatives of employers and 1
representative of the government and has functioned in all six administrative regions. In thelast 16 years, the board has strongly served as a check and balance among the partners incase there is breach of legal rights and obligations. This has consolidated the relations
between the three parties and laid a strong basis for collaborative work. The establishment ofa Labor Advisory Board is also on process. The courts (labor courts and the labor relation
board) which are a combination of the ordinary courts and tribunals have independently
dealt with matters pertaining to labor.
Year

2000
2006
2010
2015

Labor Disputes Settled through legal procedures and results
Settled byConciliation

Conciliation
not accepted

Settled by
Decision

Disputes
rejected

10,801
8,669
10,662
14,501

0
451
255
107

50
244
92

248
93
24
59

Appointme
nt given

Disputed
Adjourned

Total

134
3
11,236
149
16
9,622
60
30
11,12314
014,681
Table: Disputes and Settlements

228.

According to the Eritrean Labor Proclamation labor disputes are divided into two types:
the collective labor dispute and individual labor dispute. Both kinds of disputes have theirown mechanisms of settlement. When any dispute arises between the employer andemployee, they shall first amicably try to solve it through conciliation either at the enterprise
Page 55 of 100

level or through the conciliation mechanism involving the NCEW and MOLHW. When thedispute cannot be resolved, however, the parties can go either for arbitration or to the First
instance Labor Board Court. In the case of individual labor dispute, the arbitral award at thislevel has the same effect as the decision of the First Instance Labor Court. But, if the case isa collective labor dispute, the decision at this level has the same effect as the decision of theLabor Relations Board. Any party dissatisfied with the arbitral award has appeal right to theconcerned higher court.
Trade Unions and organizational Dynamics
229.

Trade unions have been established in work places. A significant update of the Labor
Proclamation 8/1991 of 1991 that featured in Proclamation 118/2001 was the further
clarification and consolidation of the right to organize in the work places. It is predicated on
the concrete development situation and transformations taking place including on laborrights in Eritrea. The proclamation also reflected the principles enshrined in the ILO
conventions and recommendations. On the other hand, the revised Proclamation further
reinforced the firm conviction that workers and employers, without distinction whatsoever,
have the right to establish and to join organizations of their own choice with a view todefend their respective interests.

230.

At independence in 1991, there were 60 trade unions with a total of 5760 members (3450
male and 2220 female). This increased to 211 by 1998 (14679 male and 7118 female
employees). The situation is reflected in the following table:Number of Base Unions by number of workers according to gender
Year
1999

Male
14,964

Female7,350

Total
22,314

Total No of Unions
219

2005

11,817

7,287

19,104

257

2011
2015
Average/year

12,86818,72014,592

8,496
7,280
7,603

21,36426,00022,195

235
168
220

231.

By virtue of the Labor proclamation 118/2001, the autonomy of trade unions in Eritrea
has been effectively guaranteed. This has also been promoted under the provisions of thetransitional civil code and the new Civil Code published recently. Labor unions have theirown constitutions, elect their representatives freely, organize their own administration andactivities and formulate their plans and actions. They also conduct regular and timely
congresses, organize conferences, meetings and activities to strengthen their organizational
capacity and raise their visibility in the wider communities and constituents they serve. The
acquisition of legal personality by these organizations is not subject to restrictive conditions.

232.

Public authorities are thus prohibited from any interference which might restrict theexercise of such rights. The mandate of the authorities in the exercise of this right has only
Page 56 of 100

been to promote national interest, raise participation and contributions in local and national
development and promote democratic principles within the trade unions. Freedom of Trade
Unions is thus respected. There has been no incidence of interference by public authorities torestrict or impede the lawful exercise of the basic rights. No trade union has also been
dissolved or suspended by any administrative authority and decision. The Government
frequently consults and conducts social dialogue with its social partners on major issues ofpolicy, implementation and progress. This also takes place during the revision of the labourlaws as well as the implementation of labour policies. To empower the social dialogue,
hence, the MOLHW has been currently developing directives so as to build up an advisoryboard comprising of the representatives of Government, Employers and Employees.
The role of trade unions in improving the conditions of workers
233.

Trade union movement of Eritrea started in the 1950s. It can be claimed with certainty
that the Eritrean trade union at that time was one among the very few of its kind in Africa.
Its development was briefly hampered by the Ethiopian occupation of Eritrea. The National
Union of Eritrean Workers (NUEWr) was established in 1979, under the auspices of theEritrean People‟s Liberation Front (EPLF) and played a vital role in the liberation struggle
for the independence of Eritrea. The National Confederation of Eritrean Workers (NCEW) is
the umbrella organization of the Eritrean Trade Unions which are organized in five
Federations. As an offshoot of the National Union of Eritrean Workers (NUEWr), the
NCEW was also established in 1994 in a congress consisting of representatives from baseunions and federations, ensuring a decentralized and independent structure. It is the only
trade union movement and one of the civil society organizations in Eritrea.

234.

The NCEW has led the trade union movement in the country with the vision ofcontributing towards the creation of a highly disciplined, organized, educated and skilled,
Eritrean workforce. It also promoted decent working and living conditions. In its endeavours
to achieve these goals, NCEW has promoted social dialogue among social partners(Government, Employers and Workers) to deal with issues of common interest relating toeconomic and social policy, including addressing the complex challenges of building
economic competitiveness as well as social equity at enterprise, sector, national andinternational levels. With meager resources, NCEW has also invested in the education andtraining of workers. This is intended to up-grade their organizational and vocational skills
and to make them more productive and competitive in the job market. A Workers‟ Training
Centre has been established in the port city of Massawa, and is ready to commence shortly.

235.

Presently the major employer of the unionized labour force is the government. In cooperation with the International Labour Organization (ILO), International Trade Union
Confederation (ITUC) and multilateral organizations, NCEW organizes labour as well aslabour related trainings and seminars aimed to raise awareness on modern and harmonious
labour relations in the country. NCEW also strives to strengthen partnerships with regional
and international trade unions and development organizations. It also plays a critical role inPage 57 of 100

improving the conditions of work through Social dialogue. The genuine relationshipdeveloped between the NCEW, EFE and the Government is of great vantage in this respect.
The tri-partite relationship has enabled harmonious relations for economic development andhigher productivity. The trade unions have worked to implement and strengthen theprovisions stipulated in Article 90 of the Labor Proclamation No 118/2001
The principled position against Forced Labor
236.

Labor Proclamation No 118/2001 is the legal basis for abolishing forced labor in Eritrea.
The enforcement machinery lies on an effective judicial system, which is key in theeffective prosecution of offenders and the strict application of penal sanctions. Any accusedhave the right to defend themselves according to the practices of the established judicial
process. In actual practice, both the labor inspectors and the Eritrean Police play animportant role in the enforcement of the law. Labor inspectors in particular have regularly
monitored workplaces to ensure that conditions of work prescribed by law are respected,
while the Police have the power to identify the perpetrators and to take measures. During thereporting period there have been no cases of violations where legal measures were needed.

International Trade Union Solidarity Conference237.

As a matter of its practical commitment to enhance trade Union Solidarity, The National
Confederation of Eritrean Workers (NCEW) in collaboration with the African Regional
Organization of International Trade Union Confederation (ITUC – Africa) and theInternational Trade Union Confederation (ITUC) hosted the International Trade Union
Solidarity Conference from 23 to 25 March 2016 in Asmara, Eritrea. The conference wasorganized under the theme: International Solidarity Forum – Promoting Decent Work
Agenda. There were very rich and stimulating presentations touching on regional integrationand the unity of trade unions; African Trade Union Movement – challenges and way
forward; Eritrea‟s economic development path – prospects and challenges for social justice;
Labor migration governance and trade union engagement; tripartite dialogue on forced labor
elimination and the actualization of decent work in Africa.

238.

The Conference passed resolutions on all the above issues and noted the tremendous
challenges and problems which workers and in particular African workers are facing in theprevailing inequitable and unjust international world order. Note was also made of theconflicts raging in many parts with impact on peace, security and development. In thiscontext, the resolution underlined the following as pertains to Eritrea:-“Commended the Eritrean workers and trade unions for their resilience anddetermination to continue to make sacrifice and progress in the reconstruction andrehabilitation of their nation and people

Page 58 of 100Further observed that the Eritrean socio-political situation will demand continuous open
and genuine engagements by various parties especially as the nature of extended national
service is intrinsically linked to the issues of „no war no peace” resulting from the failureof Ethiopia to fulfill its commitments on the international final and binding ruling on thedelimitation and demarcation of the border by the Eritrea-Ethiopia Border Commission(EEBC) that presents uncertainty and sense of insecurity, as well as the UN sanctions,which also pose serious challenges to development.”
PART III: NATION BUILDING AND PEOPLE’S RIGHTS

Right to Development
The Eritrean people‟s right to development is an integral part of the ideals of nationbuilding. Its main features promote all-round transformations in the society with dividend to
the sustenance of peace, security and development. Hence, the realms of equity and social
justice, creation of conditions favorable to development and respect for the sovereignty andterritorial integrity of the nation form the essence of the right to development in Eritrea. In
this regard, equal rights and opportunities have been pursued as the main drive in the right todevelopment. Focus to bridge the gap in the development of the various regions and areas isa major priority and more attention is given to the most disadvantaged and vulnerable
sections of the society. People-centered strategies and community based approaches
continue to flourish through local, regional and national level governance structures andestablishments. Furthermore, collective responsibility and duty has prevailed and dichotomy
between individual rights and collective duties is negated. Hence, people are not only
beneficiaries of the right to development but are also active and responsible participants.

239.

240.

The inequitable international order and the protracted use of coercive measures continue
to undermine the right to development of peoples and nation and abort the viable future ofmany nations, including Eritrea. In this regard, the Geopolitical agendas and selfish interestsof western hegemonic powers have become drives to vilify, isolate and destabilize targetedsovereign nations by fabricating crisis and crisis management. Furthermore, Global
inequalities, asymmetries of trade relations and opportunities, plundering of natural
resources, demographic reality and environmental degradation are also present challenges.
The effect has been instability, underdevelopment, migration and displacement. Eritrea has
been a victim of this reality but has worked to ensure the right of the Eritrean people todevelopment in the face of all the mentioned adversities. In the above context, essential
parameters in the right to development have ascertained the national security, interest andsurvival and above all peace and stability of Eritrea as a nation. What are these parameters?
Sovereign Equality and Eritrea’s Independent Political Stance(i)

In spite of many challenges and hostilities, Eritrea‟s right to development driven by anindependent political stance has been sustained. Eritrea asserted national ownership that241.

Page 59 of 100

ensures development priorities and full control of implementation. This has been based on
the context, needs and human betterment ideals of the Eritrean people and has ensured therelevance of the development interventions. While prudent effort to address present
development challenges has been made, long term strategic interventions that guarantee a
viable future have also determined the priorities in national development. In this regard, thethinking and practice on self-reliance is also maintained. The strategy has successfully
served as a way to expanded mobilization and organization of available local resources andharnessed as national capacity. Foreign aid that nurtures dependency is been negated andEritrea has not depended on external aid, including food aid. It also rejected the prominenceof international NGOs and their piece meal projects and approaches which are meant toreproduce dependency and promote corruption.
242.

Nevertheless, international cooperation predicated on partnership is also promoted. Inline to Eritrea‟s national interest, every effort has been made to promote mutual
understanding, mutual respect and mutual benefit. Above all, Eritrea continues to promote
peaceful coexistence within the wider strategy of good neighborhood and nurture
harmonization, complementariness and sound cooperation based on partnerships, a situation
always distracted by geopolitical agendas of western powers and their proxies in the region.
It has, however, focused at its internal dynamic as the decisive factor for development.
Equitable Distribution and Utilization of Eritrea’s wealth and resources

(ii)
243.

Eritrea is a country still working to come out of the fetters of under development. Hence,a system approach that promotes the equitable distribution of wealth, services andopportunities is a major policy course. Driven by prudent macro level policies andprogrammes, an all-inclusive, diversified, and sustainable development is emerging. In
practice, important features including sector prioritization, demographic consideration,
resource mobilization, responsible participation and mitigation of vulnerability haveconstituted the basis of the system approach.

244.

First and foremost, the right to development is maintained through a balanced
development approach that upholds sector prioritization. Focus is continuously made on
critical sectors in the context of the emerging development dynamics. In the last 18 years,
significant investment has been made in the main priorities including the social sector,
human capital and economic infrastructure. The social sector in particular targeted on basic
securities of food, water, health, environment, social security and education and improved
the dignified life of the people. The following integrated programmes (some of them withancillary loans from international institutions) are representative of the progress achieved:Martyr‟s Families Support Scheme (Hidri Programme)
Eritrean Community Development Fund (ECDF)
Integrated Early Childhood Development Programme (IECD)
Integrated Management of childhood illnesses (IMCI)
Page 60 of 100

HAMSET Programme to tackle the challenges of HIV/AIDS, Malaria. STD and TB
Universalization of primary education through mother tongue education
Human Resource Development Scheme (HRDS)

245.

Demographic considerations also featured in economic infrastructure, industry, sociocultural services, administrative establishments and the decentralization of investment
opportunities to all parts of Eritrea. In this respect, bridging the gap in level of developmentof the regions of the country has been targeted. Furthermore, more than 70% of the people
live in rural areas and depend on inefficient traditional practices of agriculture and fishery.
This limiting factor has been given continuous focus to bridge the rural/urban disparity anddevelop the coastal areas. Eritrea enjoys marine resources along the 1300 km coastline and362 islands. Accordingly, the Integrated Rural Development and Coastal Development
Programmes have been initiated and expanded in the last 18 years.

246.

The Integrated rural schemes heavily emphasizes in the transformation of agriculture. Inline to the soil and water conservation efforts and the construction of numerous dams,
agricultural schemes based on modernization, mechanization, irrigation and linked to agroindustrial processing are emerging but more investment will be needed. Household farming,
micro credit schemes and self-financing initiatives have thus been promoted to empower themost disadvantaged in the rural areas. The scheme has shown progress in the promotion of
dignified life and cultural progress and will continue as priority.

247.

The Coastal Development Programme has also been expanded but much more is needed
to maximize the utilization of the potential. In essence, it is an innovative venture promoting
integrated, multi-sector and coordinated effort that raises the participation and benefits of thepeople. The strategy also serves to maximize the utilization of the comparative advantagesof the coastal areas and fits into the policy of economic diversification. The effort is also
intended to lay the foundation for the long term transformation of Eritrean ports into
economic hubs for the region and beyond. Accordingly, upgrading of port facilities,
development of targeted manufacturing, economic infrastructure and establishment of export
free zone is taking shape. Effort to raise the contribution of the fishing sector and maritime
and coastal tourism has also been ongoing, but progress has been limited due to lack of
viable investment and infrastructure challenges. In general, there is a long way to go but inspite of the prevailing challenges, the initial steps are promising.

248.

The equitable distribution of wealth and resources also targets the vulnerable groups ofthe society. The special attention to promote all-round progress in all ethnic groups isaddressing marginalization and the unequal development opportunities that persisted duringcolonial eras. Women equality and empowerment, promoting the welfare and developmentof children and the development of persons with disability has also been strengthened. But
all these raise the importance on mastery of Eritrea‟s wealth and opportunities.

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Sovereignty on Eritrea’s wealth and resources

(iii)
249.

Since the late 40s, Eritrea was very much known for its SMEs and cottage industries.
This was completely shattered by successive colonial policies and hostilities. Even thepromising post-independence domestic private initiatives were also curtailed by the borderwar, the protracted hostilities and the prevailing objective situation. Nevertheless, the recent
priority is to focus on the success of the strategic intervention of the Warsay Yikealo
Development Campaign and redouble the efforts and the modest economic growth registeredin the last decade. In this regard, the established trade and investment proclamations andprocedures have been implemented within the limits and constraints of the prevailingsituation and deserve more attention.

250.

The government has focused on promoting domestic investment and capital as a means ofcreating national capacity. However, in consideration of the prevailing hostile situation anddevelopment, the government has also played a proactive role and invested in criticalsectors. This includes agro-industrial processing, economic infrastructure, constructionindustry, targeted manufacturing geared towards import substitution and mining. The effort
is small but promising and has ascertained Eritrea‟s potential.

251.

Since independence various factories and economic establishments nationalized by thecolonial Ethiopian Military Government in Eritrea were also privatized in accordance toProclamation No 83/1995 (updated under Proclamation 114/2001) to boost domestic
investment and capital formation. Furthermore, several economic establishments andfactories have also been privatized by selling shares in a three-tier arrangement. In thisarrangement, the Government acquired a third part, 1/3 shares bought by the Government forthe benefit of the Martyr‟s Trust Fund and the remaining 1/3 shares sold to individual
Eritrean buyers. Further study is going on to expand this experience.

252.

The investment policy declared in Proclamation 59/1994 is also liberal and has
encouraged foreign direct investment (FDI). This has been in relation to the need in thetransfer of capital and technology and creation of employment. One of the main challenges
in this effort is the limitation in energy and infrastructure and these have been taken as themain targets during the last 18 years. Futile conspiracies to sabotage economic growth andblock the flow of investment to the desired level have also continued as part of the broader
hostilities against the country. Nevertheless, investment is flowing but more is needed toraise its share and contribution in sustainable economic growth of the nation.

253.

Foreign direct investment has particularly gained momentum in the mining sector. As per
the mining Proclamation No 68/1995, Eritrea follows a prudent policy on the exploitation ofnatural resources and the extractive industry. This is related to the viable future of the nationand hence much effort has been made to integrate it into the national economy and reinvest
the dividends accordingly. About 23 companies have so far been involved in the sector andtwo are already at the production level and more are ready to be operational in the next one
Page 62 of 100

or two years. Moreover, the benefits to national interest are also maximized by acquiring
40% of the shares (of which 10% is royalty). The maximization and management of national
interest is also maintained by the establishment of the Eritrean National Mining Corporation(ENAMCO) under Proclamation No 157/2006. Furthermore, environment security has been
enforced and corporate social responsibility reports indicate that safety is guaranteed.
254.

In the above context, structural transformation and growth of national capacity is given
utmost consideration. The investment being made in human capital has started to address thecritical capacity gaps in development. Progress has been achieved in ensuring thedecisiveness of the human factor by investing in the knowledge, skills, professional andtechnical capabilities and above all attitude of the young generation. But broader efforts arestill needed to raise productivity and address issues of efficiency and effectiveness. On theother hand, introduction of technology and in particular mechanization, automation anddigitization is growing but requires further investment and effort to reach the desired level.

(iv)

Pragmatic Macro-Level Development Orientation

The Warsay Yikealo Development Campaign
255.

Available international reports show that Eritrea by 1998 achieved a promising 7%
annual economic growth in the few years after independence. This was disrupted by theborder war and the subsequent hostilities and belligerencies on the country. The 1999 -2004
severe drought also influenced development and peoples‟ livelihood. After the active
fighting between Ethiopia and Eritrea culminated and paved way for an international
arbitration of the dispute, Eritrea in 2002 declared the Warsay Yikealo Development
Campaign (the appellation itself means the freedom fighters - Yikealo and Warsai - National
Service/post-independence generations in unison) to address the effects of the war and drought
and focused on the following goals:

revitalize the economic situation and progress of the nation
reinstate the basic social fabrics of the society
improve living conditions
consolidate the achievements of peace earned through huge sacrifices

256.

Hence the programme has been implemented by addressing the critical bottlenecks,
maximizing the utilization of comparative advantages and mobilization of available
resources. In this respect, soil and water conservation, agricultural productivity, irrigation
technology, coastal development, economic infrastructure, national capacity and humancapital were targeted. This also enabled the nation to absorb the shock of external economic
conspiracy and achieve tangible progress. Eritrea was able to stand on its feet and is now
ready to fast track progress and transformation that could bring a qualitative leap in the next
few years. Hence, an expanded development paradigm has been declared.

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The Expanded Development Tenet
257.

After a decade of implementation and progress of the Warsay-Yikealo Development
Campaign, Eritrea in 2015 declared a new development tenet and organization.
Consequently, Eritrea is now divided into four frontlines namely, the Eastern, Western andCentral development frontlines and a frontline on the Eritrean Diaspora. Effort is to be madeto maximize the utilization of comparative advantages of each frontline on the basis ofnational development goals. Management and rational redistribution of essential resources
and utilities in the areas of energy, water infrastructure, capital equipment and machinery,
and human capital has been defined. Furthermore, existing capabilities have been mobilized,organized and harnessed as national capacity for more concerted effort. Structuralarrangements for the coordination of ministries, administrations and defense forces will also
be maximized to ensure harmonization, complementariness and effective mobilization.

(v) The Right to Development and Issues with Implications to Social Fabrics
The Upbringing of the new generation
In essence, Eritrea‟s nation building is building a youth generation and theirempowerment continues as a priority of the Eritrean Government. Eritrea has a pro-youth
policy mainstreamed in all sectors, policies and programmes. While the family‟s role as asocial institution is considerable, a multi-faceted approach comprising three integrated
systems has been established towards this end. This includes the national education system,
the nation-wide youth summer programme and the national service.

258.

259.

As discussed in earlier parts, education has shown progress, and despite certain quality
challenges, has been central in shaping the new generation. It focuses on nationalism andcitizenship, science and technology and physical preparedness and training and has served asa critical element in cultural transformation and development. As a supplement to this theSummer Work Programme of secondary school students has been functional since 1994. So
far 19 rounds have been conducted at a huge cost with the participation of about 400,000
students (34% females) and 20,000 organizers. The programme introduces the youth tocommunity service and to the culture of work. It has also inculcated national unity, selfreliance, collective sprit and steadfastness. The experience so far has exposed the myth thatthe huge financial cost is not commensurate with the economic returns accrued as the social
returns in terms of the upbringing of the new generation is significant.

260.

In the afforestation dimensions of the programme, more than 22 million trees have beenplanted. The success rate is 74% in various places and 95% in school compounds. About
14,000 km of terracing and 11,000 km canals were also built in various target areas of thecountry. TEVT students also repaired more than 150,000 doors, desks, windows andmaintenance of schools and public property. Additionally, participants contributed in traffic

Page 64 of 100

road safety campaigns, literacy programmes, water supply system repairs (in rural areas) andpromoted cultural activities in the nearby communities.
261.

Introducing the youth to organized life through the National Union of Eritrean Youth andStudents (NUEYS) is also another dimension of the effort. NUEYS is a membership basedorganization functioning up to the village level. It is open to any Eritrean youth and students
in the age bracket 14-40 years, without any discrimination on ethnicity, religion, sex,
disability …etc. Core membership is also open to the active members who enroll inawareness raising training sessions and leadership courses and who volunteer to promote
NUEYS Mission and objectives among the general members. The organization so far has
more than 17,000 core members and 220,000 general members. NUEYS organizes youth
through a network of groups and sub-groups in all sub regions and schools. Currently, thefemale representation in all levels of the organizational leadership is more than 42%.

262.

Awareness raising and educational programme on civics, gender, human rights, healthand education is regularly conducted. Youth empowerment is also promoted throughvocational training, micro credit schemes and entrepreneurship. The organization also
conducts media programmes in all Eritrean languages targeting mainly the youth and has its
own magazine, “The Youth” which is published in 7 languages.

263.

The organization has also asserted t role by mobilizing the youth for national defense, theWarsay-Yikealo Development Campaign, advocacy and sensitization among a wide sectorof the society but with more focus on the children and youth. Its visibility in schools andhigher learning institutions is also evident. NUEYS runs continuous educational campaign
and entertainment programme targeting children and Children‟s Associations are establishedin each sub region. They promote media clubs and children‟s media programmes throughTV, Radio and newspapers. Moreover, a number of young Eritreans from the Diaspora also
volunteer to participate in national development activities through the NUEYS volunteer
attachment progammes and in the national service.

264.

The National Union of Eritrean Youth and Students is an active member of different
regional and international Youth organizations. Currently it serves as Vice President of the
Pan African Youth Union (PYU), Member of Executive Committee of the African Youthand Adolescents Net work for Population and Development (AFRI-YAN), it is also an
Executive Committee member of the World Federation of Democratic Youth (WFDY). It isalso an active member CIN-SAD youth organization, Afro-Arab Youth Council (AAYC),
All Africa Students Union (AASU), Nile Basin Youth Initiative, United Peace Builders Net
Work (UNOY). NUEYS hosts a number of youth forums with the participation ofrepresentatives from different youth organizations from around the World.

265.

Eritrea introduced National Service (Proclamation No. 82) in 1994. No Eritrean citizen is
exempted from fulfilling the service on the basis of religion, gender, ethnic origin, etc.,
except on the basis of age, disability and motherhood. Note is also made of the following:Page 65 of 100







The articles 11 (1) to (3) explicitly specify that the eligibility age is from 18 to 40 years.
The National Service is limited to 18 months by law; 12 months of which are spent oncivilian/public assignments and takes place in the Sawa Education and Training Center.
In times of peace, National Service members do not have any other obligations once they
fulfill their duty of service. But they are in theory part of the reserve army eligible forrecall if and when war breaks out.
The system is mainly developed as an architecture for prompting youth preparedness andcontribution in national development. But it also emerged against the backdrop of
massive demobilization of the liberation struggle army and the vigorous efforts for arobust framework of regional security and development cooperation. Hence, National
Service in some ways was essentially seen as a contingent security architecture which
would allow the young nation to maintain a very small regular army with the latitude tomobilize the necessary force if and when it is faced with existential threats.

266.

Since its inception, the Sawa Education and Training center has graduated over 500,000
national service members and played a dynamic role in national defense, national
development and the promotion of the basic values of liberation, freedom and democracy.
Moreover, the Center also catered a 2 year technical and vocational training programme formore than 17,000 in the last 10 years. This demonstrates the center‟s importance as a vehicle
for youth upbringing, cultural transformation and human resource development.

267.

Demobilization after completing national service has been an important component of thesystem. A Commission for Demobilization (pursuant to Proclamation No 113/2001) wasestablished in 2001 immediately after the Cessation of hostilities Agreement was signed
between Eritrea and Ethiopia. The programme envisaged full demobilization from the armyin three phases, and through the support of the international partners. During the first phase(2001 – 2005) over 105,000 were demobilized within the envisaged schedule. But
subsequent phases were slowed when Ethiopia rejected the EEBC decision through a formal
letter of its late Prime Minister to the UN (in September 2003) and the international partners
shied their responsibility to take appropriate action. In spite of this major obstacles,
however, large scale demobilizations continue to occur.
The war and its sequel of continued hostilities is the result of Ethiopia‟s flagrant violationof international law and fundamental provisions of the UN Charter and the Algiers Peace
Agreement signed between the two countries. In the absence of appropriate measures by the
UN Security Council against Ethiopia, explicitly stipulated in the Algiers Agreement,
Eritrea has no option but to take necessary measures of self-defense that is proportionate to
the threat it faces. Eritrea has been forced to prolong the duration of the National Service
from its statutory 18 months to defend its sovereignty and territorial integrity. The normative
configuration of the national service duties is thus affected due to Ethiopia‟s continued
occupation of sovereign Eritrean territories and its pronounced plans of destabilization.

268.

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The Implied and False Forced Labor Allegation on National Service
269.

Eritrea has continuously refuted the accusations of implied forced labor by members of
the national service, also raised at some of the ILO Committee sessions. The allegation
mentions that “Eritrea has relied on enforcing compulsory and indefinite National Service
and introduced Warsai-Yikelao Development Campaign (WYDC) in 2002 as generalizedpractice of forced labor”. The Eritrean Government rejects the above allegation and has
continuously stated that “National Service constitutes an exception for the term forced labor
under article 3(17) of Proclamation 118/2001 and that normal civic obligations, labor
provided as in the Penal Code, communal services rendered in case of emergency may not
be regarded as forced labor. In this context the following need to be considered:-

According to Articles 6 – 8 of the National Service Proclamation No 82 of 1995, citizens
who are 18 and above shall have the obligation to render national service for 18 months.
This is compatible with the 3 elements of the definition on “Normal Civic Obligation”
provided in Article 2, Paragraph (b) of Convention 29 regarded as exceptions(compulsory military service, work/services in emergencies and communal services).
Eritrea‟s Criminal Procedure Code contains provisions governing criminal detention andarrest with clear guidelines for the abolition of forced labor stipulated in convention 105.
Eritrea faces existential external threats, including occupation of its sovereign territories
by Ethiopia, and has become part of the reasons for the extension of the period of service.
But as explained in the earlier parts, it has always demobilizes members of national
service from active duty. This asserts the legitimacy of the ongoing service under
Convention 29 to call military and nom-military service as a case of emergency.

Land Rights and Management
270.

About 70 percent of the Eritrean people depend on agriculture for their livelihood andland is thus a central issue in the sustenance of a sound economic and social development.
The institutional and legal basis to address the land issue is laid in the Land Proclamation No
58/1994. The proclamation clearly stipulates that land is administered by the State. The
government in turn ensures the right of citizens to be beneficiaries in accordance to the law.
It also addresses provisions in the utilization of land by other interested parties. The
proclamation thus ensure the right of every major age citizen (18 years and above) in therural areas to access agricultural and residential plots of land. The requirement is that they
have to fulfill their national obligations outlined by law and in the stated Proclamation.

271.

The user right to agricultural land is for life and gives the user the motivation and desire
to work hard on the piece of land and manage it in a planned way. As food security is apriority of priorities for the government, ensuring land tenure has also become a significant
issue in raising productivity. The proclamation also promotes sustainable land management.
Accordingly, the land tenure and management has become an important issue in theempowerment of villagers. Based on the provisions of the Land Proclamation the inhabitants
Page 67 of 100

of a village are organized in committees and ensure their decisive role both as beneficiaries
and participants in the decision making process. They actively participate in the process ofidentifying the land potential and screening of applicants. This has ensured the sense of
belongings and encourages farmers to manage their land properly.
272.

The equity in land distribution and management is also been guaranteed. Data so far
shows that 32% is distributed to female-headed households. Women are gaining more
independence in the economic life of the household and the society. Particular focus is also
been made on orphans in order to ensure their economic and social rights. In urban areas,
citizens have the right to access land for business and residential purposes. There is nodiscrimination in the distribution process. However, there is disparity between the number ofapplicants and the number of plots ready to be allotted to users. To address this problem thegovernment has prepared a computerized prioritization management system to facilitate thescreening process. So far, 33,375 in urban and 70,464 in rural areas applicants have got theright to access to land for residential purposes. Furthermore, 5,869 plots of land have beenallotted for business and industrial purposes and 3,385 plots of land for commercial
agricultural farming,

Development Targeting Scattered Communities and villages
273.

Eritrea has pastoralist and semi-pastoralist communities as well as very small settlements
established in scattered areas in particular in the regions of Anseba, Gash Barka, Northern
Red Sea and Southern Red Sea. This is a challenge to the promotion of improved livelihood,
agriculture and livestock development and provision of adequate social services.
Furthermore, it influences the ongoing effort to promote equal right and opportunities. In thelast 15 years effort has been ongoing to address this issue and the result achieved so far is
promising though limited in scope. The implementation of the policy is, however, indicativeof the effort to transform the livelihood of the disadvantaged communities.

274.

The on-going progress in one of the above four regional administrations (Anseba Region)
can be taken as representative for the effort and the initial progress achieved. In this Region,
four sub regions are targeted and the following action has been accomplished:-

Kerkebet Sub Region – A master plan for settling and empowering 2000 families in aplace calle Himbol Qechech is initiated and already 700 families from one of the targetedareas given parcels of land, water service installed and a solar panel system established.
There is an elementary school, a health center and ongoing housing construction.
Furthermore, 685 farmers have settled in Amalayit village each being given 5 Ha of land
and are now self-sufficient and raised their income level by supplying nearby markets.
Selia Sub Region – 15 million ERN invested to build 152 houses (450 sq. m. for eachfamily) and social service infrastructure of school, health center and water supply is inprocess. The ERN 4.4. million project on water provision is also nearing completion

Page 68 of 100Habero Sub Region – Almost 60% of the population in the sub region settled in 16
administrative localities. There are now 7 elementary, 7 middle level and one secondary
school serving these localities. Furthermore, there are 5 health centers in the area getting
health service within a short distance, with the exception of one with a travel distance ofmore than 18 kms to get to the nearest health center. In the settled villages many havebeen given land for agricultural activities and 70 of them are already conducting
commercial horticulture farming and sell their produce to nearby urban places.
Hamelmalo Sub region – three remote village settlements targeted and infrastructure andsocial services on education, health, water, administration already established275.

The policy is also implemented in other regions and is illustrated in the following
examples:-Northern Red Sea – Kubkub locality in Afa‟bet sub region - 850 families from scatteredareas settled; elementary and middle school established and many have from this place
have now enrolled in secondary and higher education; solar powered 4 water systems
established; the place has now developed flour mills, bakery, shops, restaurants and otherservices. Similar development has been seen in Qelhamet locality in the same sub region
Souther Red Sea – scattered villages of Seblale, Gaharie, Wiewa‟, Bagea‟do, Gahertafanand A‟dayin settled in Wade; small scale commercial farming introduced; water,
education, health, transport service to the port of Assab and Beylul is also established

Eritreans in the Diaspora
276.

Eritrea has a significant Diaspora community throughout the globe. Their contributions
during the liberation struggle were also very important. The EPLF during the liberation
struggle national organizations for youth, women, workers and communities were
established in many cities overseas. An important policy objective in Eritrea‟s foreign policy
after independence is also to respect their rights and raise their contribution in national
development. Eritreans living abroad are thus considered an asset for the nation. This is also
consistent with the UN General Assembly Resolutions on Diaspora Communities as well as
the AU Resolution on the Role and Contribution of the African Diaspora.

277.

Since independence a Department that oversees the activities of the Eritrean Diaspora has
been strengthened. The establishment of a Commission on enhancing the role of Eritreansliving abroad under Proclamation 121/2002 was also a crucial development in this respect.
Consequently, the mobilization, organization and capacity of Eritreans abroad have grownsignificantly. Today, a network of over 560 associations, community structures andspecialized networks of professionals and business are active. Furthermore, various
committees on Eritrean festivals and activities on culture, sports, children‟s upbringing,support to Martyr‟s Trust Fund in Eritrea, etc. are also active in all corners of the world.

Page 69 of 100

278.

The link of the Eritrean communities abroad with their home country is very strong.
Their contribution is also significant though they face hostilities and intimidation. The
continuous ploy to impede their contribution and link to Eritrea‟s development by somewestern countries is a case in point. In particular, the Rehabilitation and Reconstruction Tax(RRT 2%) declared on the basis of Proclamations No 62/1994 and No 67/1995 has been thetarget of this hostility. RRT is seen in relation to the promotion of equal right andopportunity for those living abroad. Their contribution in remittances was also blocked andsabotaged in many ways so as to deny the Eritrean government from tapping theircontribution in national development. Nevertheless, their links is still strong and continue tovisit their country regularly. In the last 10 years, an average of about 95,000 Eritreans yearly
travelled to their country and has reached to 126,000 in 2016. They visit families, observe
the development progress and participate in various events and activities. In general, therole of Eritreans living abroad has been consolidated and reflects the following policy
dimensions:-






has ensured the equal rights and opportunities of Eritrean in the Diaspora to bebeneficiaries of the wealth and resources of the nation
has contributed to their integration in host countries and created a leverage in successhas proven itself as a vital mechanism for collectively working to strengthen their socialand economic security and maintenance of their culture and social values
strengthened their role and participation in Eritrea‟s national development

Issue of Migration and Human Trafficking
279.

As has been outlined in this report, Eritrea has also strengthened its development
dynamics. Accordingly, peoples‟ livelihood, aspirations, opportunities, participation andharmony has developed ensuring equal right and improved life for all. Challenges still
remain including economic ones, and existential external threats continue to exert pressure
but the country is peaceful and stable. Illegal migration embedded in a burgeoning global
human trafficking network, however, factors as part of the ploy against the nation.

280.

In this context, the pull factors upheld by some western countries to lure the Eritrean
youth constitute the main drive of migration from Eritrea. Preferential treatment, fake,manipulated political asylum and accommodation of migrants from other nationalities of theHorn Region pretending as Eritreans constitute the wrong policies pursued against thenation. Moreover, US declaration to take out Eritrean children and women out of theircountry, as openly declared by President Obama in his address at the Clinton Global
Foundation Initiative in 2012 has exposed the ill intent on Eritrea. Wikileaks has also
exposed that Eritrean youth have been targeted by the USA in the pretext of providing
scholarships but was in fact a futile attempt to recruit them as agents for regime change.

281.

The Government of Eritrea has been doing its utmost to combat human trafficking andmany have been arrested and convicted. It also stepped up its coordination with Sudan andPage 70 of 100

Egypt, and is engaged in the Khartoum process on migration and human trafficking.
President Isaias Afwerki also requested the UN for an independent investigation on the
problem but to no avail so far. Today, irrespective of the manipulated statistics sensationallyforecasted to tarnish the image of Eritrea, the real number of illegal Eritrean migrants is at its
lowest. This is a result of the promising Eritrea‟s progress, continuous advocacy, strong law
enforcement and the exposure of the illusions tangled to migrant “heavenly western life”
expectations propagated in the failed campaign. Eritrea‟s engagement with some westerncountries to rectify their immigration policies on Eritreans has also played a part.
282.

Eritrea advocates for a governance of migration based on a development-migration nexus
and that ensures the human rights of migrants. Furthermore, it considers their active role inthe development of their country of origin, addressing the effects of brain drain, repatriationof human capital flights and promotion of voluntary returnees. It also objects the inhumane
treatment, marginalization and refoulment.

283.

Eritrean migrants wherever they live are considered as an asset and the Government
encourages their integration success and productivity in the host society. On the other hand,means are also created to continue their link with their families, communities and country
and they contribute to Eritrea‟s development. The Immigration and Nationality Department
has also developed a special mechanism for the reintegration of those who migrated illegally
into the dynamics of development and to encourage them focus in building their future. This
reestablishes their entitlement to consular service. Effort is also made to address the effectsof brain drain and repatriate human capital flights. It also advocates for the voluntary
repatriation and rehabilitation of those migrants faced with settlement permit problems inhost countries. In 2013 - 2015 more than 9,971 (about 45.4% females) have returned back totheir country and reintegrated into normal daily life.

Politicization of human Right against Eritrea
Eritrea‟s significant progress in all areas since independence is a matter of record and isout there for everyone to see. Like any other country and as in all sectors of its development,
Eritrea also faces human right challenges but there is no gross and systematic human rightviolation. It has, however, been subjected to four consecutive and politically motivated HRC
resolutions under the pretext of human right. These resolutions and the confrontation
escalated through the appointment of a Special Rapportuer and a Commission of Inquiry(finished its mandate in June 2016) have not created any dividend. The litany of accusationsof gross violations of human rights is unfounded, misconstrued, outdated or exaggerated.
Moreover, the resolutions and reports contain procedural and substantive abuses; hasty
measures to achieve political agenda and dependence on would be “political asylum
seekers” and surrogate groups who are regime change agenda in the name of human rights.

284.

The prime objective of the resolutions and mechanisms is therefore, to curtail Eritrea‟scapacity to sustain its national security. It is for these reasons that these politically motivated285.

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resolutions and mechanisms negate the influence and effects of existential external threatson Eritrea‟s development in general and human and people‟s rights in particular. They also
viciously attack, among others, Eritrea‟s National Service, the decisive contribution of the
youth, the exemplary effort and achievement on women equality and empowerment and thepromising Mining sector and its role to the nation‟s development. The country specificpoliticized mandates and reports of the Hyman Right Council are hence, totally rejected by
Eritrea. They are devoid of any legal and institutional basis as targeting a sovereign nation
violates the non-selectivity, objectivity and impartiality principles of the Council.
Furthermore, they disregard the concrete reality in Eritrea, scavenge on information fromcountries with hostile position on the country and negate engagement and dialogue. These
mandate holders have also indulged into activist-like approaches against Eritrea incontradiction to the Code of Conduct and Operational Guidelines of UN Mandate Holders.
(vi)

The Drive towards a Qualitative Leap
Eritrea‟s development trajectory and the right to development have been influenced bymany factors and challenges, shortcomings and hostilities still prevail. They, however, havenot been able to roll back Eritrea‟s development progress. The people, the government andthe economy have demonstrated resilience and the nation is now in a far better situation as aresult of the efforts of the last 18 years. In line to the new development plan, Eritrea is thus
focusing on three important pillars of development to achieve a qualitative leap in the next
three and encompasses the following three pillars of strategic interventions:-286.

 Effort initiated to create macro-economic stability will be strengthened The political process will be consolidated through the new political road map, theongoing effort to implement the new national codes and the writing of a new constitution
 A comprehensive reorganization of government institutions will encompass institutional
consolidation, redefining of approaches and the fast tracking of the youth succession
process in all aspects of development
D. People’s Right to Peace and International Security(i)Existential External Threats and Implications
Eritrea‟s post-independence initial period until 1998 was characterized by rapid socioeconomic, political and social transformation. The 1998 – 2000 costly war with Ethiopia as
well as dire conditions of perennial belligerency that ensued in its aftermath has influenced
the tempo and pace of the efforts. It is clear that priorities changed at certain situations andthe country had to grapple, first and foremost, with existential issues of preserving its
sovereignty and territorial integrity. This reality is quite often ignored by those with hostile
position on Eritrea. The existential external threats aim to thwart Eritrea‟s nation building
aspirations, violate its sovereignty, compromise its independent political stance and sabotage
the promising development achievements. Hence, disregard of the prevailing external

287.

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environmental contexts that shaped the nation‟s policy on national security are not acceptedby Eritrea as they negate interlink of peace and security, and human right and development.
288.

The Eritrea-Ethiopia border dispute was settled through a final and binding delimitation(2002) and demarcation (2007) rulings of the Independent Eritrea-Ethiopia Boundary
Commission (EEBC). However, Ethiopia continues to occupy sovereign Eritrean territories
in defiance to international law, the Algiers Peace Treaty, the EEBC arbitral ruling and thesuccessive UNSC resolutions on the matter. Hence, the occupation constitutes a violation of
the Eritrean people‟s right of sovereignty. This constitutes flagrant acts of aggression withconsequences for regional peace and security but the International system and in particular
the UNSC have failed to shoulder their responsibility.

289.

Eritrea is also subjected to unjust and illegal UN Security Council sanctions since 2009.
The pretext of an imminent threat to International Peace is irrational, illegal and unjust. The
UNSC also forfeited its International Obligation of Good Faith (Article 2-2 of the UN
Charter) by succumbing to the dictation of the US which continuously worked to twist andintimidate some members to pass sanction on Eritrea. The pretense that the request camefrom the AU is also not true. Furthermore, Article 39 of the Charter also dictates that the
UNSC cannot pass the responsibility to invoke Chapter VII to any other organization.
Hence, the sanctions also violate the right of the Eritrean people to development.
Furthermore, the Eritrean people‟s right to live in peace without any threats is also
violated as Eritrea also faces the belligerent stance of the US and its proxy, Ethiopia. In thiscontext, the dream of regime change has been typical in the last 18 years. Various
alternatives starting from inciting an all-out war under the pretext of a border dispute and the
protracted political, economic, social and cultural conspiracies and military threats havebeen waged against Eritrea since 1998. The irony is that while Eritrea was faced with anarms embargo and denied of its legitimate right for self-defense, the architects of the
sanction continued to arm the Ethiopian Government and destabilize the Horn of Africa.

290.

The Eritrean people and Government remained resilient to defend the country‟s national
security. This emanates from the belief that the biggest responsibility to the martyrs of theEritrean liberation struggle is to never compromise on its national security. In spite of theirinfluences, the hostilities have not been able to roll back the progress of the nation.

291.

(ii)

In Defense of national security

292.

In a situation where the country was faced with war and hostilities, officials of
Government were also detained in 2001 for conspiring and attempting to overthrow the legal
government of the country and for colluding with hostile foreign powers with a view tocompromise the sovereignty of the country; for undermining Eritrean national security andendangering Eritrean society and the general welfare of its people during a time of war.
These are violations of the Transitional Penal Code of Eritrea: attacks on the independence
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of the state (Article 259); impairment of the defense of the state (Article 260); and, hightreason (Article 261). Besides these national laws, the perpetrators of the act also violated
Articles 29(3), (4) and (5) of the ACHPR.
The allegation that the eleven persons were “political prisoners” or “prisoners ofconscience” detained for “having made a call in favor of reform and democratic election andgreater respect for human rights” is factually unfounded and far from the truth. It isotherwise well known that expressing one‟s political opinion or belief is not a crime inEritrea for any citizen. No Eritrean citizen is also imprisoned on account of what his/her
political beliefs or expressions. The Eritrean Law recognizes and protects the rights ofindividuals to be free from discrimination and persecution on account of their gender,
religion, ethnicity disability etc.

293.

294.

The Government did not arbitrarily arrest the 11 persons. The National Assembly at its
14th Session, held from 29 January to 2nd February 2002, discussed a report concerning thenature of the criminal acts committed by these people. The National Assembly deplored thegrave acts perpetrated by the detainees and mandated the Government to handle the matterappropriately. Subsequent developments that include a prolonged state of belligerency by
Ethiopia, a state of no war no peace; and Ethiopia‟s pronounced policy of “regime change”
have compounded the problem and made various options of resolving the issue difficult.

(iii)

Refugees hosted in Eritrea

295.

Eritrea respects the principles enunciated in the 1951 Geneva Convention, the African
Union Charter, and other related international and human right laws and instruments on therights of refugees who fled conflict and violence. It is not a major recipient of refugees.
Nevertheless, the Office for Refugee Affairs (ORA) of the Department of Immigration andNationality is the office responsible for refugee matters. It is also responsible for a wide
range of camp administrative matters including management, delivery of assistance, healthcare, water, and sanitation, and camp maintenance. UNHCR also cooperates with ORA on
the issue of refugees to complement the government's efforts in providing funding and joint
monitoring of their livelihood. There were 4,000 Somali and Sudanese refugees in 2010 ofwhich some 30 % were children and around 48 % females. The GoSE, in collaboration with
UNHCR, provides them with monthly food rations, water, health service and education.
Monitoring and assessment missions are also conducted.

E. Women Equality and Empowerment(i)

Women Equality

Elimination of all forms of Discrimination against Women
296. During the years of national liberation struggle, transformation that ensured the equality
between sexes and forbids any discrimination occurred. Indeed the struggle would have
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never succeeded without women‟s exemplary participation. At independence Proclamation
1/1991, legally abolished all discriminations including that on the basis of sex and wasreflected in the Transitional Codes. The PFDJ National Charter of 1994 also asserts its
intrinsic relation with social justice and declares that „a society that does not respect therights and equality of women cannot bet truly liberated”. The 1997 Constitution also
recognized the heroic role of Eritrean women. Hence, it placed a strong importance to theequality and rights of women and prohibited all forms of discrimination. The above
constitute the basic principles upon which the rights of Eritrean women are constituted.
297.

Accordingly, the National Codes consign equality before the law and prohibit any formof discrimination based on sex, religion or any other creed. Women are accorded equal
opportunities to that of men in all legal matters including civil matters. Women‟s equal
rights is respected and protected in fulfilling contracts, administration of property,
maintenance and inheritance of family property, etc. They freely appear in courts in personor through the services of the attorneys. The judicial system is also equally open for men andwomen to work at any capacity. Moreover, Land Tenure Proclamation No. 58/1994
abolished the traditional system and ensured land rights of women, the Labor Proclamation
No.118/2001 provided legal protection of women in employment and the National Service
Act No.82/1995 ensured the right of participation above 18 years of age regardless of sex.

298.

On the other hand, the Macro Policy of the government underscored the development
perspectives on gender issues. Under the mandate of the Government, the National Union ofEritrean Women (NUEW) also developed and implemented its own consecutive five year
National Plans of Action since 1999. Accordingly, women equality and empowerment ismainstreamed in sector policies and programmes. Gender focal points also function in most
Ministries and government agencies. NUEW is an effective network of womenorganizations within the country and in the Diaspora. The equal right and opportunity ofwomen is now a reality in all aspects of development and is sanctioned by national law andwomen are both participants and beneficiaries in the development of the nation.

Question of Nationality/Citizenship299.

The equal right of Eritrean women to acquire, change or retain their nationality is also
respected legally and under the Citizenship Proclamation No. 21/1992. The Constitution
under Article 3 on Citizenship also addressed the foundation for the right of citizenship.
Hence, all traditional and customary laws are revoked and citizenship right to children bornout of wedlock or from non-Eritrean father are respected and protected. The Citizenship
Proclamation also asserts that, Eritrean citizenship can be acquired by birth, by
naturalization, by adoption and by marriage and is equally applicable to men and women,
without discrimination. Accordingly, women obtain national passport and personal identity
card independently without the consent of their spouses. However, in case their children
require passport for travel, the consent of both parents is enforced. The consent of his/herPage 75 of 100

single parent is also required for a child born out of wedlock. The Immigration andNationality Department has effectively implemented and monitored the above provisions.
Affirmative Action and Policy Implications
Affirmative Action is introduced as a temporary measure to raise women‟s participationin the social, political and economic progress. It also promotes the inclusion of women in
important government decision making bodies. In essence, it is taken as a means of closing
the prevailing gap in the level of women‟s participation. Affirmative action to ensure fairgender representation has thus been respected and protected on the basis of Article 10(2) of
Proclamation No. 86/1996 that deals on the establishment of Local Governments.
Accordingly, their right for 30% seats in the assemblies at all levels is implemented. They
also compete in the remaining 70% seats. However, due to the national constraints describedearlier, only local and regional elections have taken place during the reporting period.
NUEW was also represented in the consultation forums of the Law Reform Committee thatrevised all transitional codes and developed the recently published National Codes.
Experience also attests that the Eritrean Constitution Commission (ECC), a body mandated
to draft the first National Constitution in 1994, also had 40% women members.

300.

301.

The affirmative action on women is also apparent in other institutional measures anddevelopment projects and women‟s visibility is ensured in vital structures. At least one
member is a female in the land tenure committees at all levels. They also constitute 45-50%
in similar water management committees. One of the three community magistrates electedby the local assembly is necessarily a woman. Any community development project or
activity is approved only when it addresses the women‟s issue. All Sport Federations also
reserve seats for women. They are given prominence in employment driven vocational
training courses. In consideration of the prevailing reality, slightly lower entry requirements
have been implemented in university, college, technical and vocational training enrolment.

(ii)

Women Empowerment

Politics and Public Life302.

The participation of women in politics and public life is thus evident. In general, recent
Government data show that, women have occupied 28.5% of the posts in political and publiclife. The representation at local level assemblies and administration is also significant andstands at 34% and constitute 37% of the elected community magistrates. Furthermore, 26% 31% members of the regional assemblies and 22% in the last National assembly are women.
In the judiciary women encompass 22% of the High Court and 14% of the Regional Court
Judges. Recent estimates also show that women encompass 16.7% as Governors (one of thesix Regional Governors), 17.6% Ministers (Ministers of Justice, Health and Tourism), and
6.9%, 10.6% and 35.4% of director generals, directors and unit heads respectively ingovernment posts. Although women seem to be more visible at local levels and lower ranks
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of leadership and public life, overall progress has been achieved in this respect in the shortspan of time since independence. There are various constraints that impinge on the issue andmuch more needs to be done in the future in particular at regional and national level.
Economic Empowerment
303.

The national codes, National Charter, Macro Policy, 1997 Constitution, all Proclamations
and sector policies bear institutional and legal provisions on the equality and empowermentof women. The specific legislative and other standard-setting practices have thus provided
the conditions for implementation on the provisions of women‟s‟ rights and equality. The
majority of Eritrean women are, however, employed in agriculture and the land issue is at
the heart of the ideals of social justice. The Land Proclamation No.58/1994 entitled womento own or inherit land and significant measures are taken at all levels. This has beenmonitored by the Ministry of Land, Water and Environment in collaboration with regional
administrations. NUEW has also trained women legal officers to promote advocacy andensure the effective implementation of the Land Proclamation. Women are also members of
the local and regional land distribution committees. Significant progress has been achieved
so far. The 2009-2012 data reflects that 67.8 % of the land at the household level is owned
by both men and women, and the remaining 32.2 % by women-headed families. This
included 33.5% for housing, 16.6% for agriculture and 28.6% for commercial activities.

304.

In general, the steady and purposeful improvement in the economic status of women is
one of the main objectives of the Government. Targeted measures have been taken toempower women. The Saving and Micro Credit Program (SMCP) administered at national
level provided micro-credit support to 42,098 women clients through its 609 village banks in
2015. This is about 50.9% increase compared to 2008. The total loan disbursement was
about ERN 360 million (equivalent USD 24 million) of which agricultural loan holds 71.2%.

305.

On the other hand, the NUEW supported women through micro credit loans amounting to
13% of the total investment made for women‟s economic empowerment. In the period of
2003 – 2016, 11,749 women in four regions benefited from the scheme at an investment of
ERN 46,926,544.19. About 6,006 were also given grants in the same regions amounting to
ERN 5,818,535.75. In general, the focus is poverty elimination and raising the income levelof female headed families. The beneficiaries work in income generating activities such as
mini-shops, household poultry farming, fattening goats and sheep and vegetable gardening.
Women‟s Horticulture Cooperatives are also emerging. In 2015, 952 women beneficiaries in
28 sub regions (in five regions of the six regions) were supported with 81 water pumps anddeveloped irrigated farming in 170.3 hectare of land. In general, women amount to 52.06%
of the total beneficiaries in 2015 (51.9% in 2014).

306.

Equal right in employment is enforced in accordance to the Labor Proclamation No
118/2001. Discrimination of remuneration and benefits on the basis of sex is also avoided.
Moreover, pregnancy and maternity protection and retaining of post after delivery have been
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enforced in accordance to Article 65 of the Proclamation. Article 67 also ensures that no
termination of contract and maternity leave or on sick leave that arises out of her pregnancy
or confinement happen in employment. In general, women employment encompasses fulltime government and private sector employees, part time workers, self-employed andseasonal employees. They are represented (47%) in the civil service and data of theeconomically active female population also shows that 51% of women work in agriculture.
Available data also shows that the National Confederation of Eritrean Workers (NCEW) has
21,245 registered members of which 40.4% (about 8,576) are women workers. In
accordance to the Labor proclamation and the emerging economic growth, strengthening thesocial distribution of employment in women‟s status is thus a major issue. In general, union
membership of all men and women workers has risen by 24.6% in 2013 compared to 2005.
Dignity and Safety of Women
307.

Eritrean women had played an unparalleled role in the liberation struggle and genderequality constitutes a fundamental pillar in independent Eritrea‟s political, social andeconomic dynamics and development. Furthermore, the culture of the society and thecommunity gives much value and respect to girls and women and does not condone rape.
This also constitutes a major factor on why sexual violence and rape remains insignificant
and women travel during late night even in remote areas of the country. Hence, there is nospace widespread, systemic violence against women.
Eritrea‟s Penal Code also contains explicit legal provisions for severe punishment against
rape and/or sexual violence, abuse, etc. on women. There are also ample provisions in theTransitional Penal Code (for instance provisions that punish all forms of physical injury[Articles 538, 539, 544 etc.]) that protect the person and liberty of any person, including
women, from physical harms caused by any person, including their spouses. It is a crime andis punishable with rigorous imprisonment according to the Transitional Penal Code. Allother forms of violence are also prohibited by the Transitional Criminal Code.

308.

309.

Women are thus protected from sexual violence and rape. They may not of course bealways reported by the victims due to social stigmatization which impinges on one‟s
reputation. To combat this, government agencies, local and regional administrations,
national organizations, religious leaders, the school system, local media outlets and allelements of the set of cultural institutions periodically conduct sensitization, advocacy, andsupport programmes. The NUEW in particular conducts advocacy services and actively
defends the rights of the victims through its legal section.

310.

In general, various means of redress are available through the provisions of theTransitional Civil Code on the harm caused on girls and women. Immediate compulsory
pregnancy and HIV/AIDS checkups are conducted jointly by police through medical
authorities. In addition, Post Exposure Prophylaxis Vaccination (PEP) is given within 72
hours to prevent HIV/AIDS. Both her family and the family of guilt person console thePage 78 of 100

victim by giving psychological support, and encourage the girl to go back to school.
Community involvement of the to avoid stigmatization is also promoted.
311.

On the other hand, fighting against FGM and under-age marriage is also a major target.
By law, underage marriage is totally banned in Eritrea. Furthermore, FGM is legallyabolished and criminalized under Proclamation 148/2007. These practices which have beenrooted in culture and not in religion for centuries would require time and effort to completely
stop them. But the political commitment of the Government is apparent and extensive
mobilization and sensitization of the whole society for transformation is gaining momentum.
Continuous monitoring on these issues also takes place by law enforcement agencies, local
administrations and NUEW and whenever reported is accounted by the law.

312.

The nationwide campaign on FGM has been going on since 2006 in 56 sub-regions
encompassing 759 local administrations. The campaign targeted every household and wasorganised in three phases. The first phase focused on sensitisation and 90% of the target set
was achieved. The second phase dealt with increasing the knowledge on FGM andcontributed significantly in influencing attitudes. This led to the issuance of publicdeclarations statements by communities at local level. The third phase focuses on public
discussions on the Proclamation that banned FGM. Furthermore, engagements with law
enforcement agencies, local and regional administrations and religious leaders arecontinuously done in parallel.

313.

The 548 anti-FGM committees established nationwide at all levels (up to the village
level) also shoulder the responsibility of fighting under age marriage. A great deal of
consultations and advocacy is also conducted by these committees. These are mainly maledominated and include 460 at the village level (1404 female and 2262 male members), 82 at
sub regional level (211 female and 587 male members) and 6 at regional level (12 female
and 58 male members). Extensive media and community sensitization programme toconsolidate the legal provisions are also conducted.

314.

Under the leadership of the NUEW, the Proclamation 158/2007 was extensively
discussed by all sections of the society before it was promulgated. It is being implemented
extensively with the wide public support and in particular the support of religious leaders.
The result is promising. FGM that affected 89% of girls under the age of 5 in 1995 has
dropped to 12.9% by 2014. Monitoring on the issue through the available means has also
been heightened. In the last decade, a total of 147 of which 128 were from two regions(Anseba - 83 and Gash Barka 45) were brought to justice.

315.

Concerted effort is also going on against under age marriage. While the legal age formarriage is 18 years for both male and female, cultural and traditional views and practices
are the main obstacles. Similar strategy and techniques used to eliminate FGM are also used
to fight against the perception and practices of underage marriage. Hence, a great deal of
consultations and advocacy spearheaded by the NUEW and the NUEYS takes place. The
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two weeks activism on violence against women also takes place yearly. To sensitize girls inschools and combat early marriage, 74 gender committees have been established in juniorand senior secondary schools. The schools which have a history of high girls drop out are
taken as the immediate priorities. Members of the committees in each school include
students (both boys and girls), school director, sub regional administrator, and NUEW
representative. This is an innovative pilot project to fight under age marriage and ensure
girl‟s education and is registering tangible outcome even in some traditionally sensitive
religious communities of the society.
316.

Significant transformation has also taken place in the last two years to expand andstrengthen the function of FGM/C Committees. Each committee at local level has been able
to form groups of small people form the community at a cascade mode and the expanded
mobilization of entire communities for action is already becoming a reality. It is to be notedthat there are 4,534 committee members at all levels and 2,907 (64.12%) of these are male.
A significant development in the last two years is that the committees which started as per
the anti FGM/C Proclamation have now been transformed to include early marriage issues
and the task is integrated into the already ongoing movement

317.

Presently the struggle has developed into a grassroots movement against FGM/C andearly marriage. The fact that some of these are very traditional communities mostly
inhabited by nomads and semi pastoralists indicates to the growing success. Furthermore,
the ongoing movement has asserted that these practices are not part of religion but rather
cultural practices that have to be avoided. The following progress denoted the situation;-

The meeting of religious leaders in the Central Region on November 20, 2016 resulting
in a declaration that condemns the practice of FGM and early marriage is a significant
development. The declaration among others includes the following: The age limit in religious matrimonies shall be 18, in accordance to the civil law, andthat the bride and groom should submit their Eritrean ID cards and other relevant
documents to prove their right age.
 This will immediately be implemented by both Christian and Moslem institutions in
Eritrea. Any violations should be notified to the religious leaders.
 Effort will be made to expand this effort in all other regions.

On the other hand a similar movement has led to the total mobilization of another region(Anseba Region). It started at grassroots levels in two sub regions with the active role ofjunior and secondary school students and religious leaders and elders and declaration
also has been issued in the meeting conducted at region level to ban the practices andfollow up mechanisms have been devised. In general zero FGM in a short time inparticular in Habero and Asmath sub regions have also has been declared. A similar

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movement has also started in the North Red Sea Region and a similar declaration has
been issued already in the Nakfa and Afabet sub regions.
Marriage and Family Relations
318.

The institutional and legal framework of the State ensures the rights of both men andwomen upon their consent to marry and to found a family freely without any discriminationand shall have equal rights and duties as to all family affairs. Article 837 of the Transitional
Civil Code states that „The sex, age, nationality of heir shall not affect in anyway theascertainment of the right to succession‟. All family members get inheritance without any
distinction based on sex. The law has also ensured equal responsibilities with regard toguardianship, trusteeship and adoption of children. The best interests of the child takeprecedence in this respect. Failure to perform such duties also leads to criminal charges
under the provisions of the law. Legislation provides equal rights and opportunities in thisrespect. But sometimes, attitudes and cultural practices pose obstacles and slow thepossibilities of change. The Government, however, remains commitment to enforce equality
and eliminate any remaining discriminatory practices within the family.

Trafficking in Women and Exploitation of Prostitution
319.

Traffic in women is an alien concept to the Eritrean society, and there are no suchreported cases inside the sovereign Eritrean territory. Nonetheless, women are legally
protected against such offenses. The Transitional Codes (as well as the new national codes)
provide a broad basis for the protection of human dignity that also embraces the prohibitionof sexual exploitation and trafficking of women under the transitional criminal code (Art.
605) with subsequent severe punishment under Articles 606 and 607.

(iii)

The Role of the NUEWOne of the organizations established by the Eritrean Peoples‟ Liberation Front during theliberation struggle in 1979 was the National Union of Eritrean Women (NUEW). It wasestablished with the aim of empowering Eritrean women and fostering their participation in
the struggle. Currently NUEW is a successful autonomous grassroots women‟s organization
mandated to work as women‟s establishment in the advancement of gender equality. NUEW
organizational basis includes 163 branches, 481 sub-branches and 4343 basic (local level)groups. Membership is open to all Eritrean women of all ethnic groups and religions above
the age of 16. The Union has more than 323,420 members, offices in the six regions, 58 subregions, and 2460 (out of 2800) villages as well as in the Diaspora. The average yearly
increase of membership is currently estimated at 7%. In terms of age 34% are in the age
range of 16 – 30 and about 22% in the range of 31 - 40. Women farmers are also about 43%.

320.

321.

To raise awareness and strengthen participation, every year meetings, seminars andpublic consultations have been going on. In 2016, about 1471 meetings and publicPage 81 of 100

consultations took place at sub regional, regional and national levels, involving 195,475
participants (with 10.2% men participants). The meetings targeted women cadres, workers,
house wives, students, civil servants, members of the army and administrators. On the other
hand, 1309 political seminars and consultations involving similar targets of 254,619
participants (with 18.2% men) took place. NUEW has also conducts sensitization programs
within the community and women to tackle gender stereotyped roles. Above all this hastargeted the myths and proverbs that play a major psychological role in directing andshaping the current stereotyped roles of women. This has changed the traditional role ofwomen and promoted their equal status in the Eritrean society paving the way for the notionof equal access and opportunity in life. In spite of the significant improvement, there is nocomplacency, and more needs to be done for fundamental change in the society.
322.

The contemporary laws, proclamations and regulations and all administrative measures of
the government have thus played a decisive role in changing the stereotype roles of women.
Concrete actions have been taken in the education system, work places, cultural life, media
activities, etc. As has been demonstrated earlier, the role of men in the struggle for womenequality is also gaining momentum. NUEW has organized Friends of NUEW (73% aremale) throughout the country. The Committees work, to strengthen women‟s organizational
capacity, economic empowerment, advocacy, mobilization against VAW and promotion ofgirl‟s education. NUEW also works in coordination and cooperation with all government
sectors. It mobilizes extensive support of the general population, including community andreligious leaders as well as other national associations. Partnership with internationalorganizations is also promoted on the basis of mutual respect and national ownership.

323.

The Government of Eritrea, has shown commitment and political will to achieve concrete
equality measures and eradicate existing discrimination. It considers the equal participationof women and their full integration in nation building as decisive. However, even if
legislation provides for equal rights and opportunities, attitudes and cultural practices still
constitute major obstacles which influence possibilities of change and rendering it slow. It isalso understandable that achieving women‟s rights is not an exclusive task of women or theirorganizations, but a responsibility of all adherents of the fundamental rights of humanbeings. Hence the total mobilization of the whole society will be strengthened for further
achievements. Strengthening the institutional capacity of NUEW is also a major target.

F. The Right and Development of Children(i) Children and the Future324.

The population categories of primary concern in this report are Children as a whole andwith more focus on orphans and Vulnerable Children. This includes children affected by
HIV/AIDS, vulnerable and street children, children in contact with the law, those withdisabilities, and victims of human made and natural disasters. The Ministry of Labor andHuman Welfare (MoLHW) has been striving to attain its comprehensive mission by
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undertaking various programmes thatgive primacy to the promotion of
their human rights and humanwelfare. The right and plight ofchildren is thus at the centre of its
mandate. 48% of the total Eritrean
population is children under 18 yearsof age and 56.5% live in rural areas(NSO Data).

Age
0-4
5-9
10-14
15-17
Total

Male
269,380
217,553
255,267
157,826
900,026
52.1%

Female262,390
206,244
226,530
132,104
827,268
47.9%

Total
% of pop.
531,770
14.8
423,79611.8
481,797
13.4
289,9308.1
48.0
1,727,293
100

Social Distribution of Children across age and gender325.

The National Codes and the established legal and institutional framework provide thebasis for the respect, protection and fulfillment of the rights of children. Due consideration is
also given to the Integrated Early Child Development policy and strategy. It is highly
recognized that children have the right to know and be cared for by their parents or
guardians, have access to education, health, and protection from all forms of exploitation
and abuse. The rights and care of children as well child offenders are also respected andprotected. There are thus provisions dealing with the apprehension, prosecution andconviction of persons in conflict with the law. The rights are sanctioned by national law.

326.

The sacrosanctity of the rights and welfare of the child is also enshrined in all sector
policies of the Government. They uphold the respect, protection and fulfillment of the rightsof the child, in particular in dignified life, judicial justice and social development. The
National Policy on Children produced with the active participation of appropriate
government institutions and all stakeholders also guides the approaches, strategic options
and course of actions. A government working group made of relevant sectors and nationalorganizations also coordinates the effort and oversees the Conventions of the Rights of theChild (CRC) and African Charter for the Rights and Welfare of the Child (ACRWC) follow
up under the jurisdiction of the MoLHW.

327.

In this context, effective enforcement and monitoring is conducted on implementation
and redress any wrong doing committed against children as well as petty offences committed
by children. Child wellbeing committees have been established in 43 sub-regions to expedite
the policies and regulations of child rights and the implementation of CRC and ACRWC.
This has been consolidated by the partnerships forged between government institutions andnational organizations. Advocacy and strengthening of awareness on the rights and welfareof the child has been strengthened as one of the main means to ensure the rights of children.
NUEW, the National Union of Eritrean Youth and Students (NUEYS), the National
Confederation of Eritrean Workers (NCEW), the Association of People Living with
HIV/AIDS and other national as well community associations and organizations have been
instrumental in promoting advocacy and awareness.

328.

The MoLHW organizes training courses for community and religious leaders. The
training focuses on issues related to child rights, effects of violence on children, prevention
Page 83 of 100

of maltreatment and abuse as well as helping victims of violence. Since 2000, more than
200,000 community members including religious leaders participated in regional and subregional seminars and training workshops. Furthermore, about 5000 elementary and middle
school teachers have participated in a series of seminars and workshops. Among manyothers, the seminars highlighted the legal and policy dimensions of child rights and theprinciples of the CRC & ACRWC. Issues on the prevention and protection of children fromviolence, corporal punishment and HIV/AIDS were given much emphasis in the effort.
329.

In order to popularize the CRC among the public, the English version of the CRC is alsotranslated, published and widely distribute in six out of nine local languages. National,
regional and sub-regional workshops were also convened to create awareness among the
public as well as to create advocacy on legal and policy matters. CRC articles were alsobroadcasted through national media in six local languages. Community and religious leaders
as well as elementary school teachers have also received training on the implementation of
the CRC and ACRWC. Moreover, experts from MoLHW, MoH and NUEW conducted
media panel discussions on legal and policy provisions including harmful traditional
practices such as child marriage and FGM/C. The MoLHW regional offices through theCommunity Based Rehabilitation Volunteers (CBRV) also provide continuous public
information and education on these issues. Every year, 8th December, the International
Children‟s day, is also commemorated in Eritrea to reflect on all the above issues(ii) Integrated Effort to Fulfill the Rights of Children330.

As has been reflected in the institutional and legal framework, an integrated, coordinatedand highly organized approach on the development of children is thus promoted at the levelof both policy and strategy to implement this vision. In this vein, a holistic approach has thus
been promoted and the respect, protection and fulfillment of the right of children have been
advanced. Furthermore, considering the importance of proper upbringing and its relevance toviable human resource development, integrated early childhood intervention is a priority. As
described earlier, the Government launched this programme in 1999, through a World Bank
loan of about USD 42 million and still continues through various national initiatives andprogrammes. It was effectively implemented with significant success in spite of theunfavorable external threats and conditions earlier described. The World Bank also produced
a video on the success of this programme under the title “One Childhood” and was taken as
a novel experience of the holistic approach on integrated early childhood development.

(iii) Vulnerable Children
A systemic Approach to protect Orphaned Children
331.

The Community Based Approach of the Government thus serves as the primary strategy
for the care, protection and support of orphans and other vulnerable children (OVC). A
systemic approach has thus been promoted to implement the strategy encompassing various
Page 84 of 100

forms of interventions. No child is left behind! Hence, various practical measures have beentaken to address the rights of orphaned children. To fulfill the right of orphans throughreunification with extended families, 78,909 orphans, including AIDS orphan, have been
reintegrated from 1993-2016 with their blood relatives and economic support has been
provided to 30,189 care-taking families in six regional administrations. A total amount ofNakfa 448,708,285.80 was expended for this expenditure. This has minimized the long-termsocial and psychological problems of orphans. It is also expected to enable orphans to adjust
and fit themselves in the society more easily and eventually become productive citizens.
332.

Adoption is also a legal procedure that establishes a new parent-child relationship orfamily setting in which the rights and responsibilities of one or more parents are fully andirrevocably transferred to one or more adoptive parents. In as much as an adoptive parent
assumes all rights and responsibilities of a natural parent, the adopted child is entitled toinherit property just like the child belonging to the natural parents. The numbers of orphansthat were re-unified with adoptive parents through the course of 1999-2016 are 214. In
2009, a monitoring visit that aimed at assessing the living conditions of orphans revealed
that all the children were in good health and adoptive parents provided the required care,
protection, adequate diet and medical care.

333.

Community Based Group home (CBGH) also provided a family-like life style to orphan
children with the help of trained caregivers (Refer table below). This is preferred when fosteror adoptive parents are not available. Each group home cares for 12 children with a motherand a father figure (as an assistant) and acts as a natural family. They go to local schools,
play and interact with local children and feel a sense of belonging to family and community.
Orphans not placed in extended families become eligible for placement in group homes.
Since 2010, 22 CBGHs operated throughout the country and 40 percent are in the age
bracket 5-9. While providing good care to orphans hosted in CBGH, the MoLHW is also
working to reunify orphans with the next of kin and as a result there have been measures todownsize the number of CBGHs and the number is downsized to 11. Center based
orphanage is also considered as a last alternative and the Government effort in the last 17
years has thus been to progressively de-institutionalize them. Nonetheless, necessary careand protection still continues to 402 children in the Government managed orphanage and theyearly expenditure is ERN 1,800,000. Moreover, additional 5,885 orphans (out of which
3167 are females) have been supported and hosted in 11 non-governmental organizations.

Age
years
0-4
5-9
10-14
15-17
Total

2008
in Male
6
51
55
20
132

Female

Total

2009
Male

3
52
52
25
132

9
103
107
45
264

6
52
53
21
132

Female
3
51
48
26
128

Total

2010
Male

Female

Total

9
103
101
47
260

6
52
53
21
132

3
51
48
26
128

9
103
101
47
260

Table: Orphans Placed in Community Based Group Homes Source: MoLHW, 2010
Page 85 of 100

334.

Children infected with HIV/AIDS and who started ART throughout the country havebeen traced and offered a monthly financial contribution as support for family members‟
nutrition and children‟s education. About ERN 83,078,342.50 fund provided by the Global
Fund (2004 – 2016) is used for monthly cash assistance to 12,958 HIV/AIDS infected
persons. The aim is to improve their nutritional status and enhance their immune system.
These interventions have alleviated the family problems and improved the diet of thebeneficiaries. Moreover, it is also an additional drive for families to send children to school.

335.

The Government also promotes a Community Based Street Children Prevention andRehabilitation Program. Through this program 43,672 street children attend formal
schooling. Assistance for school materials and cash assistance for uniforms and reference
books, etc is provided. Another 2,554 attended vocational training in metal and wood work,
auto mechanics, machine shop, computer skills, drawing, music, sewing and embroidery.
Trainees were provided with allowances and insurance schemes. Furthermore, 5,856
families of street children got support to start micro-enterprises and petty trade. This enabled
them to improve their livelihoods and ensure the educational continuity of their children.

Children in contact with the law
336.

During the reporting period The GoSE has taken the following steps to improve therespect and protection of Children in Conflict With the Law (CCWL)፦








established a probation service, which provides counselingset separate chambers where their cases are heardorganized after care services to CCWL who complete probation and correctional periods
Advocacy has been strengthened as one mechanism for improving the existing custodyand detention centers where children are kept while awaiting trial, or in cases whereparents/guardians cannot be located.
financed the renovation of the existing pre-trial detention center in the Central Rregion

337.

Pursuant to the provisions of the Transitional Penal Code, the court appoints agovernment paid advocate, to assist young offenders. This applies in cases where no parent,
guardian or other person in loco parentis appears to represent them, or when the young
offender is charged with an offence punishable with rigorous imprisonment exceeding ten
years. Furthermore, they continue to order admission to a curative, correction or
rehabilitation institution, supervised education, reprimand, school or home arrest, for thosefound guilty of a crime. Hence, penitentiary detention or imprisonment of a young offenderis only seen after the above-mentioned measures are applied and fail. This indicates that thesystem employs detention and institutionalization of child offenders as a last resort.

338.

Due to limitation of capacity and resources, the Asmara pre-trial detention center has not
expanded to the other five regions. Likewise, there are no rehabilitation centers for CCWL.
This condition has forced the authorities to detain adolescent offenders in the same prison
Page 86 of 100

compound with adults but of course in different cells. To ameliorate the situation the
Ministry of Justice, in collaboration with partners, has been providing training on national
codes and legislation, internationally applicable standards and on the implementation of thelegal instruments in the administration of juvenile justice. This also includes the provision ofmaterial assistance during post trial detentions. On the other hand, the government has been
providing protection to children from various forms of potential abuses and violation. Someof the cases addressed by the Eritrean courts were dealt as criminal cases while others were
civil cases that affected the interest of the child.
339.

Alleged juvenile crimes and offences reported to the police also increased from 6,105 in2008 (11.8% females) to 7,299 in 2009 (11.75% females) and 8,035 in 2010 (13% females).
About 88 % were committed by male offenders. Moreover, Petty offences and crimes
against property represented the highest (87.95%) of misdemeanors.

Children and armed conflicts
340.

Eritrea has signed the Optional Protocol to the Convention on the involvement ofchildren in armed conflict on 16 February 2005. The obligations under the Optional Protocol
are already implemented in Eritrea. The minimum recruitment age is set at 18 years with theprotection in regard to proof of age, informed consent and duty of care obligations required
under the Protocol. During the border war with Ethiopia, the Government exerted much
effort to avoid any victimization of children due to the conflict. The destruction inflicted by
the Ethiopian army during the war and in the subsequent occupation of sovereign Eritrean
territories did impact on the life of the people. The extent of the damage inflicted oncommunities and families including children are extraordinary, as explained in other parts.

Conclusion
341.

There are favorable laws and policies in all sectors that guarantee the rights andopportunities of children that drive pragmatic approaches and practice. Significant progresshas been achieved in the promotion of child rights but there are challenges. The commitment
and support of families and communities, in the upbringing and development of children isstrong. The social and economic challenge of vulnerable families is, however, still
significant. The prevailing limitations of opportunity in vocational centers for vulnerable
children are also another problem. Furthermore, more focus is needed in promotion ofadequate care and protection to children with disabilities and those in conflict with the law.

G. Rights & Welfare of Persons with disabilities (PWDs)(i)

PWDs Rights Respected and Protected342.

According to the 2010 EPHS, there are about 160,000 PWDs affected by severe andmoderate disabilities in Eritrea. War disabled persons constitute 20% of the total. The
Page 87 of 100

critical injuries they sustained during the wars and the prevailing conditions of their life
demand considerable attention and interventions. The Government of Eritrea, families,
communities, the Disabled Persons Organizations (DPOs) and the PWDs themselvescontinue to participate towards alleviating this major challenge.
343.

The Government of Eritrea takes the respect, protection and fulfillment of equal rights
and opportunities of the disabled as the viable way in mitigating their problems. This isanchored on the ideals of social justice and promotes human right, inclusive approaches andself-reliance of the disabled. The strong cultural basis and inherent values of cooperation in
the society to the disabled is also an added value. The equal right and opportunity of thedisabled is thus respected and protected through the established institutional and legal
framework of the State and sanctioned by national laws. The PFDJ National Charter also
aims to „create conditions in which veterans and handicapped people can be rehabilitated,become self-sufficient and contribute to the country‟s development.‟‟

344.

Furthermore, specific legislations aiming at improving the conditions of PWDs have also
been implemented. The national effort has thus been to develop the self-confidence, selfrespect and self-esteem of PWDs. They also apply to all aspects of their life i.e. rights tohealth, education, employment, judicial justice property, marriage parenthood, etc. throughestablished regulation and policies. The following are some of the important instruments:-

Proclamation No. 17/1991 for the collection of rehabilitation tax for the disabled freedom
fighters, members of the families of the martyrs and those members of the society whosustain injury due to natural catastropheProclamation No. 82/2004 grants full and partial assistance on customs duties for PWDs



Proclamation No. 3/1991 and Art 6 (civil code) also gives a general provision ofinterpreters to clients in court sessions

The labor proclamation has provisions to ensure the rights of persons with disabilities.

345.

A national policy on persons with disabilities reviewed and finalized through a
consultative workshop of all stakeholders convened in May 2015 is also implemented
extensively. It ensures the implementation of equal rights and opportunities and delineates
the roles and responsibilities of all actors in advancing the rights and welfare of persons withdisabilities. It also raised the common understanding of all sections of the society. PWDs
also benefit from the privileges of affirmative action supported by Government legislations
and policies. Hence, monitoring of all these instruments is done in collaboration with all
sector ministries and national organizations. Functional and administrative measures are thus
taken by the Government to rectify any violations in their proclaimed rights. The role of thevarious Eritrean Disabled Peoples‟ Organizations (DPO) in this respect is also strong.

Page 88 of 100

(ii)Efforts to Fulfill the Basic Rights of PWDs

346.

The Government of Eritrea extends its services to all persons with disabilities (PWD).
This includes the areas of education, health, justice, improvement of livelihoods, income
generating schemes, the right to work and gain full employment, improving environmental
barriers and guaranteeing equal opportunities. Ranges of programme initiatives have beenstrengthened and expanded that specifically target PWDs. To ensure accountability, the
MoLHW has also established a division for the functional monitoring, action, institutional
support and coordination mechanisms with government bodies in the welfare of the disabled.

347.

The economic situation of PWDs has thus been improved through various measures. In
this respect, the right of PWDs (above 18 years of age, whether married or not) to acquireland and carry out agricultural activities (farming and animal husbandry) in particular has
been ensured and respected as a major priority. The MoLHW has also implemented andmanaged a revolving loan scheme to help PWDs start income-generating activities for
gainful employment (refer table). The objective is to promote self-sufficiency and eliminate
the poverty of the most vulnerable targets. To this end, the scheme has operated in all subregions of the country. A total of ERN 137,504,111.36 (about USD 8730420) has been
distributed to 5,431 PWDs (73.8% males and 24.2% females) and their families. The
activities include small enterprises in metal and wood work, farming, animal fattening,
poultry, beekeeping and gardening, petty retail trade and services (beauty salon, barber,bicycle repair, etc.). The evaluation reports carried by the MoLHW revealed that PWDs who
have accessed the revolving fund have been able to improve their livelihood, raised theirincome level and contribute significantly to the community.

348.

The Government also expends
huge subsidies and support to
WDVs which is channeled throughprogrammes and activities of theEritrean Association of War
Disabled Veterans (ENWDVA).
ENWDVA which has about
18,000 members has also worked
to alleviate the basic problems of
the WDVs. Its activities are
publicly disseminated in its annual
magazine
called„HABEN‟(denotes pride). The following aresome of the achievements:-

RegionCentralSouthern
AnsebaNorthern Red Sea
Southern Red Sea
Gash Barka
Total

Sex
Male Female
718
285
1101 377
707
132
441
118
67
17
1080 388
4114 1317

Total
1003
1478
839
559
84
1468
5431

%
18.5
27.2
15.5
10.3
1.5
27.0
100

Loan Beneficiaries by region and gender

Training - provided training to 4749 of its members in various technical and vocational
skills (343 in metal and wood works, 52 in wood in painting, 10 in art work 5 in pottery
193 in tailoring and embroidery works, 1818 in computer applications, 6 in electric city 4
Page 89 of 100

in stove repair works, 26 in book keeping, 399 in driving 1674 in construction andbusiness establishments, 20 in plumbing 8 in auto mechanic); Women war disabled
veterans constitute 18.1% of the total beneficiaries.


Economic empowerment; 3661 WDVs became beneficiaries in small businesses andenterprises, supported through the micro financing of the association. 530 were also
provided with motor pumps, acquired land and got involved in agricultural productivity.

Additional financial support on health: Overall, the provision of medical service to
PWDs has improved since independence. This is a result of the Government‟s strong
political will and commitment to strengthen health services (eye and ear health, mental
health, and injury prevention services). The organization, however, supported 380 of its
members to receive medical services abroad by covering 70% of their transportation fee,
2520 of its members to have access to special medical teams inside the country including
in addressing the sight problem of 503 members



Mobility Support: solicited 290 motor tricycles, 6 minibuses, 1500 wheel chairs, 3521 of
crutches and walking aids and substantial number of ordinary bicycles to addressmobility problems and challenges of the WDVs. There are also three orthopedic
workshops managed by the MoLHW. They produce various types of appliances required
by PWDs for easy mobility, participation and interaction of PWDs. Between 1991-2015,
42,168 PWDs (out of which 34,496 are males) have been provided with various
appliances such as prostheses, orthesis, splint, crutches, arch support, spinal corset,
baby‟s trolley, collar and wheel chairs which cost NKF 40,806,146.45. In the majority of
the cases, the MoLHW provides them for free.

349.

The severity of disability and health complications among persons with paraplegia,
mobility problems and wheelchair users is given special attention. The Government
procured 5 Mercedes vehicles with lift facilities and 3-wheel motorbikes to alleviate
individual problems. These have served the mobility of severely injured war veterans andthereby enabling them to participate in skill training and gainful employment opportunities.
Disabled students are also given transportation support to attend schooling. The “Donkey for
School‟‟ is a project introduced by the MoLHW in 2004 with the aim of supporting CWDs
access to schooling. The provision of the donkey also supported these vulnerable households
helping them improve their livelihoods and generate income, transporting goods for sale etc.
This project was evaluated by an independent external evaluator (consultant), who foundthat access for CWDs to schools increased through the provision of the donkeys. The project
has covered over 1,184 families of children with Disabilities.

350.

The Institution Based Rehabilitation Program (IBRP) for the war disabled in the Denden Campin the capital city, Asmara, presently accommodates 330 severely injured war veterans (6.4% of
the disabled) and their families. The rehabilitation camp has basic recreational, health andtherapeutic service facilities for special care and treatment. The Government also provides a
Page 90 of 100

monthly subsistence allowance that covers monthly pocket money, free medical service andadditional social and administrative services for those who are not accommodated in IBRP
(Asmara). Over 5,457 war veterans (out of which 900 are females) with severe disability are
beneficiaries of this scheme. In total, the Government spends over Nfa 70 million annually to the
PWDs under care in the camp and to those outside the camp.
351.

One of the special measures of the last few years includes the steady growth in the use ofsign language. The use of the sign language in public activities, court hearing, etc. is
emerging. The Eritrean Deaf Association (EDA) plays an important role in supporting thedeaf during court hearing and in helping the court and the deaf to communicate better withthe help of an interpreter. Efforts have also been made to improve the deaf-doctor
communication in hospitals, especially for pregnant deaf mothers. Furthermore, the first
Sign Language Dictionary in the country has been published by the MoLHW in cooperation
with the National Association for the Deaf. So far 5,000 copies have been disseminated toschools, public libraries and book-stores and stationeries throughout the country. The sign
language dictionary is also translated into Arabic and English from the Tigrigna version.

(iii)

Community Based Rights Approach and support Promoted

352.

The extended family system in Eritrea is an important basis of responsibility in theprovision of care and support to persons with disability. Accordingly, the Eritrean
community structure for centuries has prevailed as a safety net for its members, in particularfor Persons with Disability. This positive caring attitude is based on collective responsibility
and solidarity and has been maintained as a basis for all other levels of interventions.

353.

The Community Based Rehabilitation Program (CBRP) for persons with disabilities wasestablished as a national strategy in 1994 and has since evolved as an important part of theoverall system. Note is made of the following aspects:-










About 90% of the CBRP is implemented in rural and semi-Urban areas. The programme
is functional in all the six regional administrations. Presently the CBRPs are functional in
52 sub-regions (out of 58), 123 locality level administrations and 1,234 villages.
There are 2,785 CBR volunteer workers nationwide of whom 836 (30%) are women.
The programme functioned to safeguard equal rights and full participation of PWDs andcarries out various rehabilitation tasks, public awareness campaigns, and health,education, economic, social and environmental services.
It is successful and compared to other approaches, is less costly but more effective as it
also mobilizes local resources.
PWDs have also asserted their rights by integrating in all activities, meetings andadministrative affairs and leadership.
Though still at its infancy, the CBR has contributed to the employment and improvementof the economic livelihood and social life of the PWDs. PWDs (both ex-fighters andcivilians) have access to interest-free credit program. Except few all the beneficiaries
Page 91 of 100have successfully repaid their loans. Communities also hire PWDs to work as guards inschools, clinics, water supply systems, micro-dams, closures, etc.
During the reporting period 32,541 acquired land for farming in their respective
communities, 18,407 were given land for housing and 368 got employment opportunities

354.

The CBRP has also helped PWDs to access community based resources and services.
Records show that PWDs (62% of males and 38% females) benefited from the social
rehabilitation through different community assistances. Accordingly, the farm lands of
31,763 PWDs were ploughed and harvested, their houses constructed and repaired andprovided financial assistance by the communities estimated at about ERN 10,166,500.

355.

Physical rehabilitation is also implemented in the CBRP and the critical role of the CBRP
Volunteers cannot be overemphasized. The objective of this community led initiative is toenable PWDs improve their physical and psychological situation. More than 28,035 havebenefitted from the activities performed at village level. The most frequent activities are
movement (26.6%), behavioral (17.6%), self-care (14.1%), counseling for epilepsy (12.1%) andcommunication (10.8). About 34% of the beneficiaries at village level were females.

356.

The contribution of CBRPs in addressing the problems of children with disability issignificant. Local supervisors are engaged in both active and inactive rehabilitation services.
Children with disability are offered services by local supervisor or referred to regional
hospitals, orthopedic workshops and physiotherapy centers for further assessments andrehabilitation. Regular follow up by the supervisors is also made to sustain the improvement.

(iv)

Special Medical Services for PWDs

357.

The provision of free medical service to PWDs has improved since independence and is a
result of the Government‟s strong political commitment to strengthen the health security of
its population. The GoSE, through the MoLHW, fully covers medical expenditures for over
7,000 war-disabled persons with severe disabilities including their families. Physiotherapy
services are also available in 6 hospitals/clinics in Asmara and 5 in the regions.
Furthermore, the MoH provides free mental health services to people living with mental
disorders and seizure. This is because people living with strange behavior (e.g. epileptic) are
put under life-long treatment, and hence they cannot afford to pay for the drugs they take ona daily basis. Mental health service is provided in a limited number of national and regional
hospitals. St. Mary Psychiatric Hospital in Asmara gives inpatient and outpatient mental
health services at national level.

(v)

Special Needs Education
The GoSE is working hard towards “Education for All”. As a result, access to education
increased since independence and the country is progressing well towards achieving its
commitment to universal primary education. Inclusive education has also been integrated in

358.

Page 92 of 100

development of policies and guidelines, educational planning, teaching training
programmes, educational monitoring and support interventions and workshops. The MoE
has recognized the special need of deaf and blind children by opening special schools at
elementary level. Abraha Bahta School of the Blind managed by MOE, and the two schools
for the Deaf in Keren and Asmara which are funded by the Evangelical Church are presently
functioning. They are however, mainstreamed into the general system at higher levels of
education. Medeber Elementary School also serves for children living with autism and
Down syndrome while Godaif Elementary School also serves PWDs. In spite of the above
efforts, however, the education access of children with disability is still low.

Year
2007/08
2008/09
2009/10Abraha Bahta School for the Vision Impaired
(1-5)
Male
Female
Total
49
20
69
49
17
66
42
12
54

Evangelical School for the Deaf (1-5)
Male
124
126
112

Female
88
110
63

Total
212
236
175

Number of Pupils attending Special Schools - Source: MoE: Basic Education Statistics

359. In line to the Inclusive Education Policy, the association on children with development
and intellectual disability is thus endeavouring to open special classes within the premises ofthe various schools. So far children with intellectual and developmental disability areattending in 8 special schools established in Asmara, the capital city. The MOE has alsoestablished 25 child-friendly pilot schools equipped with the necessary resource rooms(support classes) throughout the country to serve as models. They are given support classes
to help children cope successfully and their contribution is yet to be assessed properly.
(vi)Organizational basis of PWDs

360.

In Eritrea, there are four associations for persons with disabilities, namely, The National
Patriotic Association of the Disabled Persons, The Eritrean Association of the Blind, The
Eritrean Association of the Deaf and The National Association of Intellectual andDevelopmental Disability of Eritrea. These organizations mainstream the human rights
approach and aim to minimise stigmatisation and discrimination, which act as a barrier topersons with disabilities (PWDs) and their families. In principle, promotion and protectionof the rights of PWDs is upheld at all time by all service providers.

361.

As mentioned in earlier parts, the Disabled Peoples Organizations (DPOs) develop theirown strategic and operational plans and programmes according to their needs. They also
perform independently within the laws and policies of the Government. They all havecentral offices and branch offices in all the regional administrations. The Eritrean National
Association of the Deaf, which has 4,000 registered members and 40% are females. It
organizes awareness campaigns to inform on the objectives and activities of the association,and various issues including on strengthening the role of the deaf women in the society. The
association also promotes vocational training among its members in various areas.
Page 93 of 100

362.

Sign language competency training is also given to persons from different governmental
and civil society organizations. Children with hearing impairments are also trained on sign
language for better communication. Sign language has also been introduced on the Eritrean
television currently running twice a week to enable persons with hearing problems gettimely information. The MoLHW, in cooperation with National Association for the Deaf,
has published the first Sign Language Dictionary and already 5,000 copies were printed anddisseminated throughout the country the sign language dictionary is already translated into
Arabic and English from the Tigrigna version. The association also plays an important rolein advocating for the deaf during court hearing and in helping the court and the deaf tocommunicate better with the help of an interpreter. Efforts have also been made to improvethe deaf-doctor communication in hospitals, especially for pregnant deaf mothers.

363.

The Eritrean National Association for the Blind (ERNAB) has 3000 members. It has 15
board members (3 are women) in the leadership. ERNAB is also advocating and lobbying
for persons with vision impairment. It is campaigning to strengthen awareness among thegeneral public about preventing blindness and the role of community in preventing blindness
and rehabilitating people with vision impairment. Income generating schemes improve theirlivelihoods through business and agricultural related activities. The biannual bulletin of theassociation, „Self Reliance‟ is prepared in Braille for use by its members.

364.

The Eritrean National Association of Intellectual and Developmental Disability is a
recently formed association that focuses on children with problems of intellectual anddevelopment disability and has 935 members. The association has its own annual magazine
called „CARE‟. It is also undertaking awareness campaigns through seminars to families
who have children with these difficulties and sensitizes the public at large through the media
to send them to school. The association has relations with NGOs like ARCHIMED(Germany) and Sacra Famiglia (Italy) and organized joint trainings during 2014 -2016.

365.

In general, the favorable government policy, commitment and action, the conducivesocial environment created, the constructive role of families and communities and thegeneral support of the public to PWDs and the readiness of PWDs to be self-reliant are themain factors that need to be preserved to improve the wellbeing of PWDs. Challenges still
remain in availing residential houses for very critical PWDs, environmental barriers, limited
orthopedic appliances and limited appropriate vocational training and limited funding toundertake assessments to update the data and situation of PWDs at national level.

H. People’s Right to Satisfactory Environment(i)

Institutional and legal measures

366.

By virtue of its geographical location, extreme weather situation and also because of its
limited adaptive capacities, Eritrea is one of the vulnerable countries affected by adverse
climate. Hence, adaptation measures to mitigate environmental degradation and in particular
Page 94 of 100

recurrent cycles of drought are being taken. Addressing environmental hazards is also an
important goal. The considerable effects on food, air and water with impacts on health arealso major targets of environmental security. On the other hand, the development which istransforming the way of life is also having deeper consequences. Eritrea is not a major
contributor of emissions. Nevertheless, effort is going on to mitigate the growth of emissions
from the transport, industrial processes, chemicals and outputs, non-clean energy and air
pollution. Hence, strengthening the systemic approach to address the causality relationshipof health/environment/climate remains a protracted task.
367.

In general, Eritrea has implemented the major aspects of its institutional and legal
structure on environment and safety in the last 18 years including the following:-

•

•

•

•

•

•

(ii)

Land Environment – including the Code of Conduct for Environment Security (1999),
Exploitation of mineral sources Acts (108/2000, 109/2000), Land Reform Act (58/94),
Regional Administration Act (86/96), etc
In Marine Resources – the National Bio-diversity Strategy and Action Plan (2000), Biodiversity Conservation Policy and Project, Eritrea's Coastal Marine and Island
Biodiversity Project, CMI Bio-diversity Conservation Policy and Project
Administration of water resources - Proclamation 162/2010 which deals on ownershipand management of water resource, planning, environment impact assessment, pollution
prevention and abatement and water quality control, etc.
Environment: The National Action Plan (2001) and the 20 year National Environment
Management Plan (1996), National Environment Management Plan (2001), National
Action Plan to Combat Desertification (2001), National Bio-diversity Strategy andAction Plan (2000), Management Plan of Riverine Forest of Western Lowlands and theGreen Belt Integrated and Sustainable Forest Resource Management
Legal Notice No. 117/2010: which is a regulation dealing on the issuance of permit for
the importation or exportation of Ozone depleting substances (ODS) and Ozone depleting
substances equipment or product
On January 26 2017, the Government also issued Proclamation 179/2017 (The Eritrean
Environmental Protection, Management and Rehabilitation Framework) and Legal Notice127/2017 (Environmental Protection and Management Regulations)
Environment Security and Fighting Desertification

368.

Over exploitation and ecosystem degradation continues to pose serious threat toenvironmental security and has frayed the natural safety net that healthy ecosystems provide.
This poses threats to the health and livelihoods of millions of our people. Land degradationand erratic rainfall also results in 0.5% decline in crop yield every year. Hence, practicalmeasures for sustaining the environment have been expanded and strengthened. The
Drought Resilience and Sustainable Livelihoods Programme has strengthened drought
resilience and improved the livelihoods of small farmers by achieving food and nutrition

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security, raising income level and reduce poverty. The 2nd phase is expected to start soon
will include the drought resilience of the pastoral and agro-pastoral communities.
369.

In line to the goal of fighting desertification the closure area is expanded to 200,000 ha.
Forest reserve areas have been declared and forest management practices have been
introduced. The reserve area of more than 105,000 sq. km. is a major undertaking in thenorthern escarpment viewing towards the Red Sea coast. On the other hand, wildpreservations are also promoted through the Environment Management Plan and theaccompanying regulations introduced on wild life. Forestation schemes by the communities,
members of the army and national service members have continued and cutting live trees isbanned by law. The Student Summer Work Programme initiated in 1994 is also a successful
venture and planted 22 million trees with a success rate of growth. Furthermore, concerted
effort is also made to ensure livestock health and development. In general, the environment
security effort in Eritrea is steadily expanding and was also reflected in the 2008 Satellite
imagery report of the UN Center for Environment Monitoring in Cambridge.

(iii)

Sustaining the Marine Environment

370.

Servicing the ecosystems by sustaining marine biodiversity has also been advanced.
Hence, maintaining the pollution free coast line has been targeted, legislations enforced,
marine reserves established and preserving the peculiarities of Eritrea‟s resources promoted.
Five of the world's seven species of sea turtles, dolphins, dugongs and occasionally whales
are found in Eritrean waters (UN, May 2005). Olive Ridley turtle (an endangered species),
the first recorded in the Red Sea has also been identified by marine scientists and it isbelieved that the corals there have developed adaptation to deal with high amount of sunlightin the waters (BBC - Ocean Series, 2008).

371.

In this respect, the effort of the Eritrean Government to promote the mangrove forest
project is an innovation to sustain the marine environment. The potential of mangroves toincrease food production all the way up to the food chain has also been considered andmillions of mangrove trees have been planted along the coast in the last 20 years. They grewin areas where rainwater is washing into the sea and provided nitrogen, phosphorous andiron elements lacking in seawater. Fresh leaves and dried mangrove seeds are also used aslivestock feed, supplemented by a small amount of fish meal prepared from fish waste. The
project also taught herders that the seaweed that washes up on the shore can be dried,
processed and used as animal feed.

(iv)

Energy challenge and the Environment

372.

Estimates show that of the Total Primary Energy Supply (TPES) in Eritrea, biomass
accounted for 75.5% and oil products 24.5% (1.4% electricity). Thus the use of energy
efficient technologies in the generation of electricity has remained the main in the last 18
years. But energy efficient devices and pioneering of small scale initiatives in renewable
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sources of energy (solar panels and wind energy electric generations in three pilot areas)
have been piloted. Wind energy survey has been accomplished in 25 catchments areas and316 cities and villages. Recently plans are on progress to move to modest alternative sourceof energy measures to be implemented in the next 2- 3 years. The Areza-Maidima Solar PV
Mini Grid Project (in south-western Eritrea) is a model to be constructed in the near future.
373.

In the TPES, 77.8 %, 14.9%, 4.8 % and only 2.4 % was consumed by the household,transport, public and commercial, and the industrial sectors respectively. Hence, other steps
are taken in consideration of environmental security and include the expansion of the use of
liquid petroleum gas (LPG) and kerosene. Road transport connectivity by roads and othermeans of transport also increase their impact on the environment. Hence, introduction ofefficient public transport system, particularly in urban centres, regulatory frames that would
ban old cars and the introduction of efficient vehicles using catalysers have been importantmeasures. But these are areas where still strong and concrete measures are needed
considering their heavy effects on the environment and safety.

374.

The high use of biomass fuel with a low efficiency of less than 10% and multiple ofnegative effects is also a major challenge in environment security and safety. The distancecovered to fetch fuel wood supply for 5-7 days is about 10 kms. It has a great deal of effecton the social role, opportunities and health and safety of women and girls. The Adhanet
which is an improvised traditional stove has been an innovative solution to tackle theproblem. It has so far been installed in over 100,000 households. The stove has improved
efficiency by over 20% and saved fuel wood consumption by 50%. Furthermore, cooking
has become healthier by completely eliminating indoor smoke pollution. Experts also
estimate that it reduces C02 emission by 0.6 tons/household/year.The stove has thus gainedinternational reputation by the Ashden Award in 2003 and 2009 for innovation in clean
energy technology and in the Osaka Expo 2004. In this respect, a target has been set to reach
343,600 Eritrean households (about 50%) in the next decade. The annual biomass savings is
expected to be from 150,000 to 300,000 tons of avoided biomass consumption.

375.

Recently, Eritrea also embarked in the production of minerals. A stringent environmental
management regime has been enforced as per the mining law and the environment
management regulations to ensure environmental security. Hence, an inbuilt responsibility inmining investment, regulations for ensuring protection of the environment and soundprinciples of resource management and land use are upheld. The concern on the million
tonnes of waste soil contaminated with heavy metals likely to be generated is also mitigated.
Corporate social responsibility Reports executed by International Lawyers andenvironmental experts have also asserted this truth.

(v)

Sustaining the Environment and Waste Disposal and Recycling

376.

This is an area which has not progressed significantly and challenges are many.
Nevertheless, extensive campaigns and activities of modifying behaviour and waste
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reduction do take place. A waste disposal systems and waste treatment plant has beenstudied for the capital city (for solid waste) and measures have been taken but requireconsiderations including in the other cities. Eritrea also banned and stopped the use of plasticbags since 2002 (Legal Notice 63/2002 and updated in 99/2004) and local alternatives havebeen promoted. Local and regional assemblies and administrations took the lead and theregulations were passed with popular support. Efforts are going on again to reinforce theregulations. On the other hand, the Medeber recycling centre where everything thrown andunused material has been given value and recycled into various metal, wood and plastic
products at affordable cost satisfies the demands of many citizens. It is also a centre where
local artisans transfer skills to the young generation through apprentices.
Part IV: HUMAN RIGHTS AND INTERNATIONAL ENGAGEMENT AND COOPERATION
377.

Eritrea has strengthened its internal dynamics and development as critical to therealization of the respect, protection and fulfillment of human rights. Furthermore, theGovernment has asserted its primary responsibility in the realization of these efforts. While
many advances have been made in all development sectors including in human rights, there
is however a long way to go towards the realization of the aims and goals of nation building.
In this vein, Eritrea has consolidated engagement and cooperation that ensures dignity,
national interest and partnership as essential dimensions in the advancement of humanrights. This is also seen in relation to the collective ideals we all shoulder to theadvancement of humanity. It is, however, unacceptable to use human rights as a political
tool to advance ulterior motives.

378.

Eritrea has thus developed an extended paradigm of engagement and cooperation with theinternational system and the mechanisms established at global and regional levels. In line tothe ongoing effort to mainstream human rights in the sustainable development goals ofnation building, a Strategic Framework on engagement and cooperation is implemented. A
coordination structure that involves relevant stakeholders is also charged with managing theimplementation and monitoring of this process. Eritrea‟s commitment for expanded andintegrated engagement has thus been implemented as a viable path to promote cooperation.

379.

Eritrea is also engaged with the ACHPR and participates in all sessions of theCommission and has made oral and written submission on various requests andcommunications. Due to circumstance and capacity Eritrea has overdue reports and thepresent initial report is part of the determination to close up the gap and ensure its
commitment to present reports on time in the future. Eritrea also submitted the Consolidated
First, Second, Third and Fourth Periodic Reports on the Implementation of the African
Charter on the Rights and Welfare of the Child (ACRWC) in May 2015

380.

It has also expanded and strengthened its engagement and cooperation on human rights
through the UPR and the following are some of the achievements:-

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






Eritrea submitted its national reports and participated in both the first and second UPR cycle.
It is already implementing the 92 recommendations it accepted during the 2nd UPR cycle.
It has submitted the CRC (up to 4th), CEDAW (up to 6th) National Reports and engages on
many of the accepted recommendations therein. Preparation is also undergoing for the
preparation of the next reports and Framework of Action for both cases has been prepared.
Agreement has been signed with the UN to support Eritrea in the UPR implementation and asimilar agreement is near to be signed with the EU. Furthermore, the UPR implementation
process has been streamlined in the Eritrea-UN Strategic Framework Partnership Framework(2017 - 2021) and the Eritrea – EU National Indicative Cooperation Programme.
Working at bilateral level with various partners at country level has also been stepped up.
Diplomatic missions accredited to Eritrea including the EU Delegation in Eritrea are also an
integral part of this effort. In 2015-2016 three sessions of consultation were accomplished on
UPR and implementation and will continue on a regular basis in the future.

381.

Engagement and cooperation with the OHCHR has been extended and already three areas
have initially been identified. This includes administration of justice, persons with disability
and the right to clean and safe water. The OHCHR is preparing a concept paper on
institution capacity building in the area of administration of justice and will be implemented
once it is finalized and agreed. The cooperation with the HRC will further be strengthened
and hence priorities on Thematic Mandates and Treaty bodies have been identified andsubmitted for consideration by the HRC.

382.

In spite of all the above efforts, Eritrea has been targeted through the politicallymotivated country specific resolutions and mechanisms of the Human Right Council. Eritrea
rejects them in totality and the rationale is based on the following position:-








Country specific resolutions and mandates are in breach of the UN Resolution 65/251 of
impartiality, objectivity and non-selectivity and do not create any dividend in the
promotion and protection of human rights
There is no gross and systematic violation of human rights in Eritrea. The presumption
under which these mandates have been imposed negate the country‟s reality and inbreach of paragraph 87 (a) of annex 5/1, the accusations are politically motivated
The veracious path ascertained by Eritrea both in commitment and deeds is engagement
and cooperation with HRC, OHCHR and through bilateral diplomacy
The experience in the last 5 years has exposed the partiality, bias and prejudice of themandates created as clearly demonstrated in their collusion with anti-Eritrea subversive
groups as activists. More importantly, they also followed the flawed methodology tocome with the unaccounted, fabricated and unsubstantiated report devoid of credibility

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CONCLUSION – CONSOLIDATING PROGRESS AND WAY FORWARD
383.

After 25 years of independence including the last 18 years of hostilities, Eritrea has now
reached a promising stage after much hard work and resilience. There are, however,challenges which the government continuously works to address and there is no humanrights crisis in Eritrea. As outlined in this report, progress has been achieved and a 3 year
national development plan to create a qualitative leap has been launched as a way forward.
The aim still remains nation building and demands time, space and organization so as to be
consummated properly. In essence, it entails generations, but Eritrea in a short span of timesince independence has been able to lay a foundation in which human and people‟s rights is
respected and protected.

384.

In the above context, the Government will continuously work to strengthen thedecisiveness of the people, in particular the youth, to ensure transformations that lead tochange. The fundamental tenet in the next three years will thus be creating macro-economic
stability, consolidating the political process of nation building and strengthening theadministration of justice through the implementation of the new national codes, andstrengthening government institutions and functions. In this vein, mainstreaming of humanrights will be strengthened and expanded through the systemic approach outlined in thisreport. This will underline commitments to human dignity, security and development andwill cover areas of respect, protection and fulfillment of all human and people‟s rights.

385.

On the other hand Eritrea will consolidate its engagement and cooperation on genuine
human right issues and the promotion of regional peace, security and development. This will
be an engagement based on dignity and national interest. However, it will continue to reject
any attempt to politicize human rights for other ulterior motives.

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