人权理事会讨论厄立特里亚的人权状况（部分翻译）

上午

2014年6月18日

结束与叙利亚问题独立国际调查委员会的互动对话

人权理事会今天上午与厄立特里亚人权状况特别报告员希拉·基塔鲁斯（Sheila B. Keetharuth）举行了互动对话。理事会还结束了与叙利亚问题独立国际调查委员会的互动对话。

基塔鲁斯女士介绍了她的报告，她呼吁理事会和国际社会应对厄立特里亚境内反复发生的人权侵犯行为，这导致每个月逃往邻国埃塞俄比亚的就有2000人，2014年5月还有近2000人逃往苏丹。如果能够打破对持续人权侵犯有罪不罚的循环，各年龄段厄立特里亚人大规模出逃的情况就会减少。特别报告员呼吁政府终止不确定期限的全国兵役制度，停止中等教育中的军事化政策，关闭所有秘密拘留设施。国际社会应该确定发展合作在严格的尽职程序下进行，确保其充分遵守国际人权规范和标准。

厄立特里亚作为当事国发言，承认了它所面对并正在积极寻求解决的人权挑战。加强合作和国际及区域层面的参与曾一直是主要的关注点，厄立特里亚对普遍定期审议所做的承诺反映了推动着发展和人权的内部动力。政治进程是厄立特里亚国家建设发展道路的重要层面。厄立特里亚已作出努力，通过提升公众意识的运动、惩罚肇事者、增强区域合作解决贩运人口和走私问题。

在随后的讨论中，发言人对厄立特里亚严重而持续的人权侵犯模式表达了担忧，这些侵犯已导致大量人口逃离本国，令人警惕。发言人对全国兵役制度框架下的人权侵犯行为感到担心，包括无限期的兵役，强迫劳动和强迫征召服兵役的指称，招募未成年人，以及服役期间对女性的性侵犯。其他发言人对厄立特里亚参与第二轮普遍定期审议表示赞赏，并强烈鼓励厄立特里亚利用这个机会，通过关于人权的国家行动计划。他们表示，各类任务授权，例如厄立特里亚问题的任务授权，违反了主权、独立和完整性原则。人权理事会必须在对话的基础上保护人权，不允许双重标准或将问题政治化。

就厄立特里亚人权状况发言的有欧盟、澳大利亚、爱尔兰、匈牙利、委内瑞拉、法国、德国、意大利、苏丹、英国、美国、瑞士、古巴、挪威、卢森堡、奥地利、捷克共和国、吉布提、中国和博茨瓦纳。

以下非政府组织也作了发言：人权观察、东非及非洲之角人权维护者项目（East and Horn of Africa Human Rights Defenders Project）、大赦国际、联合国观察、国际和睦团契（International Fellowship of Reconciliation）、千禧运动。

在会议开始阶段，理事会结束了昨天开始的与叙利亚问题独立国际调查委员会的集体互动对话。开场发言和首次讨论的摘要可在此查看。

在讨论期间，发言人对武装组织的激进行为表示担忧，这可能助长区域不稳定。发言人还警告称，极端主义在叙利亚的兴起务必要通过集体手段得以解决。在叙利亚境内确保问责制不应该由国际社会随意决定，这是一项责任，也是受害者应得的权利。人权理事会必须向联合国安全理事会施压，要求将叙利亚问题移交国际刑事法院，该法院仍是提供问责和正义的最合乎法律、最恰当的机制。

叙利亚问题独立国际调查委员会主席保罗·塞尔吉奥·皮涅罗（Paulo Sergio Pinheiro）在总结发言中表示，委员会并未在冲突中支持任何一方，它唯一支持的是受害者。肇事者名单在司法当局到位前一直处于保密状态，现在应由国际社会来为委员会的工作赋予生命，开辟通往国际司法的道路。必须通过运用《联合国宪章》的第六和第七章、并将叙利亚问题移交国际刑事法院，以使问责机制更加稳固。

叙利亚调查委员会成员威迪·蒙丹蓬（Vitit Muntarbhorn）也在总结发言中表示，大赦的前提是主张真相；对重大侵犯行为不得实行大赦，应通过合法渠道并在充分透明的环境下批准大赦。叙利亚政府尚未回应拘押中大规模死亡的指称，也未对揭露叙利亚当局虐待与处决行为的“凯撒报告”中的照片作出回复。

伊拉克、土耳其、苏丹和澳大利亚在互动对话期间发言。以下非政府组织也作了发言：人权观察、开罗人权研究所（Cairo Institute for Human Rights Studies）、阿拉伯法学家联合会（Union of Arab Jurists）、新闻标志运动（Press Emblem Campaign）、国际法学家委员会（International Commission of Jurists）、联合国观察、国际人权联合会（International Federation for Human Rights Leagues）、叙利亚全球联盟、维护暴力受害者组织（Organization for Defending Victims of Violence）。

理事会今天正在举行全天会议。上午11点，理事会将与白俄罗斯人权状况特别报告员举行互动对话，随后于朝鲜民主主义人民共和国人权状况特别报告员举行互动对话。

Interactive Dialogue with the Independent International Commission of Inquiry on Syria

Iraq said that the latest events in Syria had confirmed that there were serious threats to peace and security in the region and the world. Syria was breeding an enabling environment for the spread of terrorism and Iraq reiterated the importance of the unity of the international community to put the end to these barbaric acts. The world was witnessing the worst humanitarian tragedy of the twenty-first century unfolding before its very eyes, said Turkey, and warned that the rise of extremism in Syria must be addressed collectively. Sudan said that all parties must be convinced of the futility of continued confrontation and wondered whether what the international community had done so far to contain the Syrian conflict had helped in any way the people who were suffering. Australia said that over the past four months the number of dead, internally displaced persons, refugees and people in need of humanitarian assistance had grown considerably. Australia was shocked by the accusations in the Cesar report and strongly supported the Security Council resolution referring the situation in Syria to the International Criminal Court.

Evidence reviewed by Human Rights Watch strongly suggested that Syrian Government helicopters had dropped barrel bombs embedded with cylinders of chlorine gas on three towns in northern Syria in mid-April 2014. Neither Syrian authorities nor leaders of non-state armed groups had taken meaningful steps to ensure accountability for grave human rights crimes. Cairo Institute for Human Rights Studies remained concerned by the failure of the Security Council to refer the situation in Syria to the International Criminal Court despite more than 60 States demonstrably supporting such a referral and said that ensuring accountability in Syria should not be a matter of international discretion, it was a right and a duty owed to the victims.

Union of Arab Jurists highlighted developments since the presentation of the report of the Commission which should be taken into consideration, such as the outcome of the June presidential elections. Countries that supported terrorism and other armed groups would have to reconsider their position and abide by international law and principles of the United Nations Charter in order to achieve a solution. Press Emblem Campaign was concerned by the radicalization of armed groups which might be conducive to regional destabilization and called for an urgent reinforcement of the protection of journalists and media workers. All parties in the conflict were responsible for arbitrary arrests, abductions, kidnappings and other forms of violence which led to media self-censorship. International Commission of Jurists condemned the veto exercised by Russia and China on a Security Council draft resolution referring the crisis in Syria to the International Criminal Court, blocking efforts to ensure accountability for war crimes, crimes against humanity and other violations in Syria. Did the Commission agree that the Council should remind States of their responsibilities and that the situation in Syria required referral to an international tribunal? United Nations Watch said that with notable exceptions, such as this Inquiry, the United Nations’ policy and practice toward Syria could be described as business as usual. Syria had been elected to and had continued to participate in a number of United Nations bodies, including the Special Committee on Decolonization, and had even drafted a resolution on ‘Human rights in the occupied Syrian Golan’ adopted by this Council. International Federation for Human Rights Leagues said that accountability was crucial to deter the commission of crimes and pave the way for a political settlement, and the International Criminal Court remained the most legitimate and appropriate mechanism to provide accountability and justice. The Federation also condemned the atrocities committed by the Syrian authorities and affiliated militias and called for an immediate release of peaceful activists abducted. Syriac Universal Alliance expressed concerns about the situation in Aleppo, where the water supply had been cut, causing human suffering and potentially leading to a sanitary crisis. The Alliance called on States to fulfil their obligations and to ensure that water supplies were restored immediately and on international actors to support good will efforts to rebuild Syria irrespective of religious affiliation. Organization for Defending Victims of Violence said that the world was witnessing the barbarity taking place in Iraq, a disastrous legacy of the illegal occupation. The same terrorist groups were responsible for atrocities in Syria. The organization urged all sides in Syria to strive for a peaceful negotiation of and resolution to all their difference and to exert pressure on those States fuelling sectarian wars.

Concluding Remarks by the Commission of Inquiry on Syria

PAULO SERGIO PINHEIRO, Chairperson of the Independent International Commission of Inquiry on Syria, in his closing remarks, reminded the Syrian Government that the Commission was bound by its mandate to document violations of international human rights law and international humanitarian law and that its methodology remained detailed, thorough and rigorous. The Commission did not take sides in this conflict; the only side it took was that of the victims of the conflict. Answering questions concerning accountability, Mr. Pinheiro said that it was impossible to enumerate all the violations committed in the country, especially given the continued denial of access by the authorities. The list of perpetrators remained confidential until judicial authority was in place. It was now up to the international community to give life to the work of the Commission by opening up roads towards international justice. The implementation of the Security Council resolution 2139 could be strengthened by making the mechanisms more robust by applying Chapter 6 or Chapter 7 of the United Nations Charter and it was the opinion of the Commission that the situation in Syria must be referred to the International Criminal Court. Regarding questions on restarting the political process, the human rights situation remained dire and the elections were held in the context of conflict which endangered voters and there was evidence of coercion. The Human Rights Council must pressure the Security Council to refer Syria to the International Criminal Court.

VITIT MUNTARBHORN, Member of the Commission of Inquiry on Syria, also in closing remarks, said that there were indications that the photos in the possession of the Commission were taken in a military facility. Starvation as a method of warfare was a war crime and it was highly regrettable that the delivery of humanitarian aid continued to be denied, which was detrimental to children. On Aleppo prison, the Commission was now looking at the condition of detainees and the situation of children. Amnesty must be preceded by assertion of truth; there should be no amnesty for major violations and amnesty should be approved though legitimate channels and in full transparency. On the sectarian nature of the conflict, Mr. Muntarbhorn noted that the conflict at the beginning did not have sectarian dimensions, and said that the current arch of radicalization across the country was having great impact. The Syrian Government had not yet responded to the allegations of massive death in custody and the pictures from the Caesar report.

Documentation

The Council has before it the report of the Special Rapporteur on the situation of human rights in Eritrea, Ms. Sheila Beedwantee Keetharuth (A/HRC/26/45)

Presentation by the Special Rapporteur on the Situation of Human Rights in Eritrea
SHEILA B. KEETHARUTH, Special Rapporteur on the situation of human rights in Eritrea, called upon the Council and the international community to address the recurrent human rights violations in Eritrea, which spawned a monthly exodus of 2,000 people to neighbouring Ethiopia alone, and almost 2,000 persons to Sudan in May 2014. The mass flight of Eritreans, young and old, would subside if the cycle of impunity for persistent human violations was broken. There was an urgent need for concrete improvements in the field of human rights in the country. It was regretted that the Government of Eritrea continued to ignore requests to visit the country and did not cooperate with the mandate. Furthermore, access to Eritrean refugees and migrants on the territories of neighbouring countries to collect first-hand information had also not been forthcoming. The people of Eritrea continued to suffer from serious human rights violations. Many Eritreans saw no alternative than to flee their home country. Today, many Eritreans resented and rejected the expectation of the State requiring that they should serve the nation for the best part of their lives and this showed a disconnection between their individual and personal aspirations and goals, and what the State expected of them, creating a situation of conflict and challenge regarding the current State policy and its institutions.

Information continued to be collected on arrests and detention conditions, particularly as these were inextricably linked to the national service. In recent months, a considerable increase had been seen in Eritrean asylum seekers and refugees crossing into neighbouring countries with almost 4,000 fleeing on a monthly basis, compared to 2,000 previously. The significantly higher numbers of Eritreans arriving in Europe was also highlighted. If the trend continued, Eritrea would soon be a country without people inside and an ever increasing diaspora spread across countries and the world. The Special Rapporteur made a call to urgently address the human rights situation in Eritrea so that Eritreans could lead a peaceful life at home, in a country where their human rights were respected. The Eritrean Government was once again called upon, among others, to end the indefinite national service, stop the militarization of secondary education, and close all secret detention facilities. It was strongly recommended that the international community ascertain that development cooperation underwent stringent due diligence processes to ensure it fully respected international human rights norms and standards.

Statement by the Concerned Country

Eritrea, speaking as the concerned country, said that Eritrea was encouraged by the support rendered and the acknowledgement of its prevailing situation by a number of States during its Universal Periodic Review presentation. In the last 70 years. Eritrea had been the victim of a geopolitical agenda, including the continued occupation of its territories. Unwarranted hostilities and unjust sanctions were aspects of the reality that needed to be considered as obstacles to Eritrea’s efforts to establish a life of prosperity and dignity for everyone. Eritrea acknowledged that it faced human rights challenges, which it sought to address. In the last few years, Eritrea had attempted to clarify the country’s situation and had responded to all allegations. Strengthening cooperation and engagement at the international and regional levels had been a major point of focus for Eritrea during the last three years. Eritrea’s commitment to the Universal Periodic Review process was a reflection of the internal dynamics driving development and human rights, and the Government had adopted a broad range of recommendations. The political process constituted a significant dimension of the development course of Eritrean nation building. The delegation also referred to the development agenda, which included the revitalization of the economy and the integrated social sector, and was reflected in the economic growth and improved living conditions achieved. Concerning trafficking in persons and smuggling, Eritrea had made efforts to address the issue through public awareness campaigns, punishing perpetrators and enhancing regional cooperation.

Interactive Dialogue

European Union was deeply worried by the human rights consequences of the national service on the Eritrean people due to its length and harsh conditions and agreed that the Government-defined “no war-no peace” situation should not serve as an excuse to violate the rights of citizens. Australia was disappointed that the Special Rapporteur was still not allowed to visit Eritrea and encouraged it to implement fully the 1997 Constitution and improve its cooperation with the Special Rapporteur in order to arrive to a human rights situation that complied with international standards. Ireland said that preventing and responding to violence against women and gender-based violence was its priority; Ireland expressed concern that women and children in Eritrea remained vulnerable and called on Eritrea to address the treatment of women and children in national service and in detention.

Hungary was alarmed by the pattern of serious and persistent human rights violations in Eritrea which had led to an alarmingly high number of people fleeing the country and was particularly concerned by the growing trend of Government interference with freedom of assembly and association and freedom of religious belief. Venezuela said that mandates such as the one on Eritrea violated the principles of sovereignty, independence and integrity. The Human Rights Council must protect human rights on the basis of dialogue and without double standards and politicization.

France said that the human rights situation and that of fundamental freedoms in Eritrea remained particularly worrisome. France deplored the human rights violations committed within the framework of military service and shared concerns as to arbitrary arrests, and about the growing number of Eritreans fleeing their own country. Germany deeply regretted that despite numerous calls by the international community, the Eritrean Government refused to cooperate with the mandate. Germany called on the Government to put an immediate end to human rights violations, particularly the indefinite national service, extrajudicial killings and torture, among others. United Kingdom expressed its disappointment that Eritrea continued to reject the mandate of the Special Rapporteur and to deny her all access and cooperation. The Government was called upon to honour its international human rights obligations and to cooperate fully with the whole United Nations human rights system, including the Special Rapporteur. The Council should remain seized of this matter.

Italy appreciated Eritrea’s engagement in the second cycle of the Universal Periodic Review and strongly encouraged Eritrea to take advantage of it and to adopt a national plan on human rights, taking into consideration their indivisibility and interdependence, including clear and specific benchmarks to be shared with international human rights institutions and mechanisms. Sudan said that amongst the key reasons leading to the establishment of the Council was to do away with the double standards and politicization, where dictates were handed down to countries as to how they should act. Eritrea’s participation in the Universal Periodic Review was appreciated as were national efforts to address the various events faced and in the protection of human rights.

United States said that the mandate provided an opportunity for Eritrea to be closely involved in efforts to find long-lasting solutions to its human rights challenges and encouraged the Government to respond favourably to the Special Rapporteur’s requests to visit the country. The United States noted that the indefinite participation entailed by the national service programme constituted forced labour. Switzerland regretted the failure of Eritrea to cooperate with the mandate holder and urged the Council to continue to follow this situation. Eritrea and the countries in the region should cooperate with the Special Rapporteur, including by granting her access to their countries. The improvement of the situation of Eritrea would entail the establishment of a society grounded on the rule of law. Cuba said that as a matter of principle it had always rejected selective approaches to human rights, which did not contribute to further cooperation in the work of the Council. Cuba hoped that the steps taken by Eritrea to address the human rights challenges faced would contribute to cooperation and dialogue, framed by mutual understanding, respectful exchanges and transparency, which were required for real cooperation.

Norway was deeply concerned about the human rights situation and called on Eritrea to cooperate with the Special Rapporteur and to implement recommendations contained in her reports. Norway recalled its recommendations, including the release of prisoners, respect for international standards in the treatment of prisoners, ending the indefinite national services, and a phased demobilisation of those serving for more than the statutory 18 months. Luxembourg said that the Special Rapporteur had provided a worrying picture of the situation in Eritrea and remained concerned about the forced enrolment of boys under the age of 18 into the armed forces. Luxembourg asked the Special Rapporteur what measures could be implemented to promote dialogue and cooperation with Eritrea and what would be the mandate holder’s priorities for the upcoming months? Austria regretted that Eritrea had yet to collaborate with the mandate and was concerned about the indefinite extension of conscription, allegations of forced labour and the forced-conscription round-ups, including the recruitment of minors. Austria called on Eritrea to ensure that conscription conformed to its international obligations and to offer the possibility for conscientious objection to military service.

Czech Republic expressed concern about the fate of numerous refugees leaving Eritrea who often fell victim to human trafficking and kidnapping and realized that the indefinite national service and arbitrary arrests and detention were the main push factors for fleeing the country. Djibouti was concerned about the grave human rights situation in Eritrea and in particular about the indefinite national service, arbitrary arrests and detention, prison conditions and violations of children’s rights. As a developing country, Eritrea faced many difficulties and challenges in the promotion and protection of human rights, said China. It expressed hope that the international community would view the human rights situation in this country in an objective and fair manner and provide help on the basis of full consultations with the Government.

Botswana welcomed the efforts to eradicate female genital mutilation and noted that women continued to suffer severe violations of their rights under the national service, where they were at risk of sexual violence. Sexual assault and rape were not usually discussed openly in order to protect family reputation, and this culture of silence perpetuated a culture of impunity. Human Rights Watch said that the situation in Eritrea remained dire and that scores of people continued to be arbitrarily detained at a whim of military commanders, and many were tortured. There was a need for further investigation into patterns of abuse and violations identified by the Special Rapporteur to determine whether they amounted to international crimes.

East and Horn of Africa Human Rights Defenders Project said that the scale, systemic nature and human toll of the human rights violations detailed in the report defied comprehension. The Council was called upon to unequivocally condemn these grave human rights abuses and renew the mandate of the Special Rapporteur. Amnesty International called on Eritrea to bring an end to indefinite, involuntary conscription for national service, ensure that no-one younger than 18 was conscripted, and make provision for conscientious objection to military service. The ongoing need for the work of the Special Rapporteur was undeniable.

International Fellowship of Reconciliation said that Eritrea had never recognized conscientious objection to national military service. Among the 56 recognized imprisoned Jehovah’s witnesses, there were some that had faced the authorities and refused to undertake military service. They were now being held incommunicado.
Jubilee Campaign, in a joint statement, said tens of thousands of Eritreans languished in detention centres under inhuman conditions. The subjection to deliberately life threatening conditions, severe assault and torture amounted to extrajudicial killings. The Council was urged to renew the mandate of the Special Rapporteur and to mandate a Commission of Inquiry. United Nations Watch agreed with the recommendation that bilateral and multilateral actors, including the United Nations, should advocate for the release of all political prisoners and those detained for their religious beliefs, and the call for an immediate stop to incommunicado detention, an end to torture, and for those that had been detained without charges to promptly be brought before a judge or released.

Concluding Remarks

SHEILA B. KEETHARUTH, Special Rapporteur on the situation of human rights in Eritrea, speaking in concluding remarks, recalled that her last report had mapped out a few areas of concern and that during the last term her attention had been focused on the national service and detention; further work would look at other areas of concern in the field of human rights. Ms. Keetharuth hoped to see progressive, bold and incremental improvement in Eritrea. Small actions could have important impacts: freedom of expression, releasing those political prisoners who had not been tried, reducing the national service to the required 18 month-period, and ensuring that children did not serve in the armed forces. These measures could be implemented immediately and they would bring about change. Sexual abuse allegations had to be investigated promptly and perpetrators brought to justice. Respecting norms and standards concerning the rule of law could also lead to improvements. Concerning cooperation with the Council and the mandate, a few specific steps, such as access to prisons, had to be taken. Cooperation with the regional system was also important and Eritrea should realise the importance of cooperating with regional organizations as well as the United Nations. Finally, Ms. Keetharuth concluded, better data and independent monitoring were also necessary.
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