Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/eritrea.txt

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TITLE:  ERITREA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                            ERITREA


Eritrea became an independent single-party State in May l993,
following a U.N.-supervised election in which Eritreans voted
overwhelmingly for independence from Ethiopia.  President
Isaias Afwerki and the Eritrean People's Liberation Front
(EPLF), renamed in February the People's Front for Democracy
and Justice (PFDJ), remained the dominating political and
military force.  The Government has been in de facto control of
the country since l991, when EPLF forces decisively defeated
the Ethiopian army of then dictator Colonel Mengistu.  At the
1994 Third Party Congress, the President and the EPLF/PFDJ
outlined an ambitious program for establishing a democratic
form of government by 1996.  In April the party-controlled
National Assembly created a 50-member National Constitution
Commission to draft a constitution.

The ELPF armed forces, which in 1992 comprised over 100,000
regulars, continued to serve as the main internal security
force in 1994.  There are intelligence components within the
Ministries of Defense and Internal Affairs.  The Government
began in late 1993 to demobilize this force and by the end of
1994 had released over 40,000 persons, some of whom formed the
cadre for a new police force.  At the same time, the Government
began to face a new security threat by the fundamentalist
Eritrean Islamic Jihad rebels who attacked Eritrea from base
camps in Sudan in December 1993.  President Isaias announced
that his soldiers had killed 20 Jihad fighters in the December
encounter, and there were several deaths on both sides as a
result of additional Jihad forays.  Sporadic terrorist attacks
by fundamentalist groups continue, but there has been no
notable increase in the number of incidents.  There were no
known human rights abuses committed by the military forces.

Approximately 95 percent of the population is engaged in
subsistence agriculture.  The economy was decimated by years of
war, but excellent rains have produced an abundant harvest of
four grains.  The commercial (wage) sector is small and largely
centered in Asmara, the capital, and the Red Sea ports of
Massawa and Assab.  The Government continued to provide liberal
access to the ports for the now landlocked Ethiopia.  Port fees
are an important source of revenue for the Government.

The Government continued to have strong popular support, and it
generally respected human rights.  As in the past 3 years, the
Government promised eventually to institute a democratic,
multiparty political system.  However, it is carefully
controlling the political process and allows little opportunity
for dissenting voices to be heard in the controlled media.
Although the Eritrean Liberation Front-Revolutionary Council
(ELF-RC) complained that the Government had excluded it from
the constitutional review process, individual members of the
ELF-RC and other opposition groups actively participated in the
work of the Constitutional Commission.  The Government's
continuing refusal to recognize the sole human rights
organization, the Regional Center for Human Rights and
Development, does not bode well for the Government's
willingness to tolerate the expression of independent views
(see Section 4).  The Government continued to detain without
charge or trial at least 50 persons for association with
radical Islamic political elements or suspected terrorist
organizations.  There were reliable reports that local police
regularly picked up private citizens and sometimes held them
for long periods without charging them.  The President pardoned
130 (of the remaining 137) persons detained without charge
since 1991 for alleged human rights violations during the
Mengistu period.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of politically motivated killings.  There
was, however, an incident in which two persons died, when
ex-fighters took hostages and hijacked vehicles in a protest
over demobilization benefits.  During attempts to quell the
protest, security forces killed two of the protestors.  Under
the circumstances, the use of force was not excessive.

     b.  Disappearance

There were no reports of disappearances.  There was no further
information on the whereabouts of several officials of the
ELF-RC, who allegedly had been abducted in Ethiopia or Sudan
and secretly detained in Eritrea since 1992.  A government
official denied that they were in Eritrea.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

There were no reports of torture by security forces.  There
was, however, one case in which an Eritrean-American woman
alleged that police beat her while in detention.  The woman was
released and never filed a formal complaint.  This is the first
known incident of alleged abuse by security forces.

Prison conditions are generally Spartan but not inhuman.
Adequate food, bedding material, and sanitation facilities are
available, and family members are allowed to provide food,
clothing, and medicine to prisoners.  There have been no
instances of death due to prison conditions.  In traditional
prison facilities, the Government does not permit prisoners to
correspond with family or friends and limits family visits to
one a month, and then for only 10 minutes.  It also does not
permit independent monitoring groups, such as the International
Committee of the Red Cross, to visit prisons although the
Government did allow a U.S. diplomatic official to visit one of
the prisons and conduct interviews with both male and female
inmates.  There is no evidence that political and security
prisoners are treated differently from the general prison
population.  Rape does not appear to be a problem in prisons.

Although the Government has refused to describe it as a prison,
security forces used the "Disabled Center" in Asmara to detain
people in conditions bordering on cruel and inhuman.  The
Center is ostensibly a temporary holding facility for street
beggars and a permanent shelter for the homeless and the
mentally ill.  However, those arrested by urban police for
other reasons are routinely held at the Center for long periods
in overcrowded holding rooms.  Detainees are left in
semi-isolation and are not allowed to exercise or receive
visitors.

     d.  Arbitrary Arrest, Detention, or Exile

The Criminal Code provides that detainees may be held for a
maximum period of 30 days without being charged with a crime.
In practice, the authorities frequently hold suspected persons
for much longer periods without charge, in part due to a
seriously overloaded judicial system.  Police in Asmara have
arrested and arbitrarily detained ordinary citizens at the
Disabled Center for up to 14 months without formal charges or a
trial.  The percentage of the total prison population
consisting of pretrial detainees was unknown.

Since coming to power in 1991, the Government has detained two
special categories of people:  those suspected of human rights
violations under the Mengistu regime; and persons allegedly
associated with certain political or terrorist organizations.
In the first category, the Government pardoned 130 of the
remaining 137 such persons on the occasion of the first
anniversary of independence.  There were no new arrests of
persons suspected of human rights violations under Mengistu.
The Government continued to hold on security grounds a number
of detainees, but the exact number of these detainees at year's
end was unknown.

It was also unknown if the Government continued to detain,
without charge, three Eritreans, who had returned in 1993 from
Saudi Arabia, to propagate political Islam.

     e.  Denial of Fair Public Trial

Until a constitution is adopted, the current civil law system,
borrowed from Ethiopia, is derived from the Napoleonic Code.
Most crimes are brought to the lower court which is presided
over by a single judge.  Serious crimes are tried publicly by a
panel of three judges, and defendants have access to legal
counsel at their own expense.  There are no attorneys available
at public expense, although the Government has asked attorneys
to work pro bono to represent defendants accused of serious
crimes who cannot afford attorneys.  Defendants may appeal
verdicts to the Appellate Court, which is composed of five
judges and presided over by the President of the High Court.

Crimes committed by members of the military are handled by
military courts.  Although the Government did state that a
special court would be established in Asmara to try all
remaining political and security detainees by early 1995, it
took no implementing steps to establish this special court by
year's end.

The judiciary is independent, and there were no known incidents
of executive interference in the judicial process.  However,
the underdeveloped judicial system suffers from a severe lack
of trained personnel, legal resources, and infrastructure.  Of
the 20 practicing judges assigned to the High Court, only 3
have law degrees.  In the summer, 80 new trainees received a
2-month crash course in law before being assigned to rural
areas to begin judicial duties.  The Justice Ministry assigned
others for internship with practicing magistrates.

Since the population is largely rural, most citizens' only
contact with the legal system is through traditional "courts."
The village judges, appointed by a panel of government
magistrates, provide justice in civil matters.  Criminal cases
are transferred to magistrates versed in criminal law.  Many
local issues, e.g., property disputes, and most petty crimes
are adjudicated by local elders according to custom or, in the
case of Muslims, the Koran.  These traditional courts cannot
give sentences involving physical punishment.

The Government held no known political prisoners at the end of
the year (see Section 1.d.).  No trials for political or
security detainees have been conducted in the regular courts.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

Under the Criminal Code, warrants are required to monitor mail,
telephones, or other means of communication.  Warrants are
required in routine searches and seizures, except in cases
where authorities believe individuals may attempt to escape or
destroy evidence.  In the past this restriction has often not
been observed, but there were no reports of illegal
surveillance or searches in 1994.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Although Eritreans continue to express their opinions openly on
various issues, there is some self-censorship, especially with
regard to the President and the Government.  The Government has
not enacted any laws regarding press freedom, but in March the
National Assembly extensively debated the role of the press and
formed a committee to reformulate a draft press law.

The Government controls the tiny media, which includes the
biweekly government-financed newspaper Hadas Eritrea and one
radio and television station.  Hadas Eritrea carefully avoids
criticism of the President or other government figures.
Eritrea Profile, a weekly English-language newspaper, owned by
the Ministry of Information and Culture, appeared in 1994.  The
print media criticized the Government on numerous occasions but
carefully avoided criticism of the President.  There is no
formal government censorship body.  According to international
human rights monitors, government reluctance to grant the
Regional Center for Human Rights official registration as a
nongovernmental organization has hampered the Regional Center's
efforts to publish a private newspaper.

There is full academic freedom at the University of Asmara.

     b.  Freedom of Peaceful Assembly and Association

At year's end, the new National Constitutional Commission had
begun consideration, among many topics, of freedoms of assembly
and association.  At present, a permit is required from the
Ministry of Internal Affairs for a public meeting or
demonstration.  In general, the authorities grant these permits
for nonpolitical meetings or gatherings.

There is no legal provision for forming political parties, nor
have any attempts been made to do so.  In particular, there is
no evidence of activities in Eritrea by such opposition groups
as the ELF-RC.  The Government asserts that the permanent
constitution will provide for a multiparty system.

     c.  Freedom of Religion

All denominations and faiths practice freely without government
restriction.  This includes the Jehovah's Witnesses, whom
previous regimes had prohibited from worshiping publicly.  In
October, however, a Presidential decree barred Jehovah's
Witnesses from government employment and from possession of
business licenses or identification papers--thereby restricting
their ability to travel and to engage in other activities.
This step was apparently taken in retaliation for their refusal
to participate in the 1993 referendum and in the National Youth
Service Program.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

In general, all persons may live and travel freely abroad and
within Eritrea, except for some areas restricted for security
reasons.  In particular, clashes between government forces and
the Eritrean Islamic Jihad have left a tense security situation
along the border with Sudan.  The Government does not
arbitrarily restrict the right of citizens who have left the
country to return.

Eritrea plays host to a small number of refugees, mainly
Somalis residing in Asmara and Assab.  A pilot refugee program
has begun, and 25,000 Eritreans are expected to return from the
Sudan within the next several months.  Planning for a further
135,000 returnees in 1995 is actively under way among the
United Nations High Commissioner for Refugees and the
Governments of Eritrea and Sudan.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens do not have this right although the Government has
promised to introduce multiparty democracy by 1996.  At
present, the President and the EPLF/PFDJ completely dominate
the political scene, including the National Assembly.  The
Government is especially sensitive to maintaining a balance in
the Cabinet and top positions between Christians and Muslims,
and ethnic groups (nine were represented in 1994).

The Third EPLF Party Congress's decision to change names was
intended to signify its transition from an insurgent group
fighting for independence to a political movement directed at
the economic, social, and political development of the nation.
To date, opposition groups--which often manifest themselves by
sporadic terrorist attacks in rural areas--have received little
support.  Eritrean Muslims in particular have opposed such
violent opposition activities.

In April the National Assembly created a 50-member National
Constitution Commission to draft a democratic constitution.
The Assembly selected some 42 members, including 20 women, from
a representative cross-section of Eritrean society.  The
President appointed the remaining eight.  Although the ELF-RC
complained that the Government had excluded it from the
process, individual members of the ELF-RC and other opposition
groups actively participated in the work of the Commission.
The Commission formed four committees, including a governmental
institutions and human rights committee.  It opened branch
offices in the provinces and began a series of hearings to
promote public participation in the constitution-making
process.  The Commission is expected to prepare a draft
document within the year and to complete the process within
2 years.

The Government in 1993 began to develop interim political
institutions by holding local elections involving multiple
candidates, but no parties, in all 10 provinces for local
legislatures.  In turn, the provincial legislatures sent 3
members, 1 of whom had to be a woman, to the 150-member
National Assembly.  In addition to the female members of the
regional delegations, 10 additional places for women are
reserved in the National Assembly, thus assuring 20 seats for
women.

In addition to the positions in the new legislative bodies,
women hold senior positions in the Government, including the
Ministers of Justice and Tourism.  To further include women in
the political process, the Third Party Congress named 3 women
to the party's Executive Council, and 12 women to the Central
Council.  Women now occupy more than half the seats on the
National Constitution Commission.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Government has not been receptive to the formation of
domestic human rights groups.  Since 1991 it has repeatedly
delayed recognition of the Regional Center for Human Rights and
Development, a human rights organization based in Asmara.  As a
result, the Regional Center has not become an effective
organization for publicizing human rights abuses, and there are
no other local human rights organizations in Eritrea.  However,
the Government has given the leaders of the Regional Center a
role in the work of the National Constitution Commission.

The Ministries of Foreign Affairs and Internal Affairs are
responsible for all human rights inquiries but are frequently
slow to respond to international inquiries concerning alleged
human rights abuses.  In individual cases, the Government has
been helpful.  For example, a senior Foreign Ministry official
discussed a case involving missing Eritreans with a concerned
human rights group in New York.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

     Women

The Government has taken a consistently strong stand in favor
of improving the status of women, many of whom played a
significant role as fighters in the struggle for independence.
In 1991 the then provisional EPLF government codified a broad
range of rights for women, including guarantees of equal
educational opportunity, equal pay for equal work, and legal
sanctions against domestic violence.  The Third Party Congress
advocated additional rights and programs for women, including
the right of women to equal rights to use of land and to other
property.  A government proclamation confirmed that women have
equal rights of land use, regardless of marital status; the
proclamation specified that, while all land belongs to the
State, it would grant leaseholds to all citizens on a
nondiscriminatory basis.

Nevertheless, despite the Government's attitude and some legal
changes, the larger Eritrean society remains traditional and
patriarchal, and women generally play a subservient role in the
family and in the community.  In practice, males remain
privileged in terms of education, employment, and control of
economic resources, including land.  This disparity is even
more visible in predominantly rural Muslim areas.

The Government has taken a firm position against domestic
violence.  Neither health, police, nor judicial sources
consider the problem to be extensive.

     Children

The Department of Social Affairs is the agency responsible for
government policies concerning the rights and welfare of
children.  However, the Department has few funds, and the
Government does not generally look on child welfare as a
serious social problem.

Female genital mutilation, which is practiced widely on girls
at an early age throughout Eritrea, is considered by
international experts to be dangerous to both physical and
psychological health.  The Government, through the Ministry of
Health and the National Union of Eritrean Women, actively
discourages the practice.

     People with Disabilities

As a result of the 30-year civil war, there are thousands of
disabled male and female former fighters for whom the
Government expends large amounts of money.  Most physically
disadvantaged Eritreans are viewed as heroes; there is no
discrimination in employment, education, or other state
services against people with disabilities.  However, there are
no laws that mandate access for the disabled to public
thoroughfares or public and private buildings.

Section 6  Worker Rights

     a.  The Right of Association

There are no government restrictions regarding the formation of
unions in any segment of Eritrean labor activities, including
the military, the police, and other essential workers; and
labor association is encouraged by the Government.  Under
Proclamation Number 8 of the Transitional Labor Laws, workers
now have the legal right to form unions and to strike and
protect their interests.

The National Confederation of Eritrean Workers (NCEW), which
was part of the EPLF during the civil war, underwent
reorganization and became formally independent of the
Government and the EPLF/PFDJ in September.  THe NCEW represents
over 20,000 workers from 129 unions, and it began forming these
unions into 5 worker federations during 1994.  The largest
union is the Textile, Leather, and Shoe Federation.  There were
no strikes in 1994.  Proclamation Number 8 prohibits
retribution against strikers.

     b.  The Right to Organize and Bargain Collectively

Both Proclamation number 8 and the 1993 draft labor code
provide for free collective bargaining.  There were 41
collective agreements in 1994.

Eritrea is a member of the International Labor Organization
(ILO) and worked closely with the ILO in preparing the 1993
draft, which, inter alia, prohibits antiunion discrimination by
employers against union members and establishes a mechanism for
resolving complaints of discrimination.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

There is no law prohibiting forced or compulsory labor.  A
government summer work program for 15,000 teenagers became
controversial as it mandated the participation of all high
school students.  Participants received $20 (120 birr) per
month to work on community service projects, such as road
repair, farm work, and the planting of trees.  In addition, all
successful work program participants received a certificate
that was later required for fall-term school registration.

     d.  Minimun Age for Employment of Children

The legal minimum age for employment is 18 years, although
apprentices may be hired at age 14.  While the Commission on
Social Welfare is responsible for enforcement, there is no
random or systematic inspection of factories and shops for
compliance.  Despite the high rate of adult unemployment in
Eritrea, the number of children under 18 years of age working
in commercial enterprises continued to grow.  Rural children
often help on family farms.  Urban children often sell small
wares, such as cigarettes, on the street.

     e.  Acceptable Conditions of Work

There is no legally mandated minimum wage.  Wages vary from a
minimum of $25 up to $200 per month (birr 150 up to birr
1,200), with factory workers earning the highest amount.
Former fighters are entitled to a monthly wage of at least $75
(birr 450).

The workweek is now 48 hours, but many people work less.  While
there is no legal provision, all employees receive at least 1
day off per week, and most receive 1 1/2 days.  There are no
mandated occupational health and safety laws or standards
currently in force, although some larger companies enforce
their own health and safety standards.  The draft law includes
a number of provisions concerning women, including one that
states that women, during pregnancy, will not be assigned to
jobs that could endanger their lives or the lives of their
unborn children.