UNHRC: Oral statement on the situation of freedom of expression in Eritrea

ARTICLE 19 also welcomes the report by the special rapporteur on Eritrea, which details violations of fundamental human rights in the country and notes the failure of the Eritrean government to enforce and respect the rule of law. She makes clear in her report that freedom of expression and opinion, and freedom of assembly and association are severely curtailed, describing a climate of fear that is fuelled by rumours, propaganda and suspicion.

The report by the Special Rapporteur echoes ARTICLE 19's own findings which point out that the Eritrean government has relied on the continued state of emergency to prohibit any criticism and crush dissent. It is unfortunate that no private media has existed in Eritrea since the last eight private newspapers were forced to close in 2001, when at least eighteen journalists and eleven former government officials were detained without charge or trial. Of these detainees, eight are confirmed as having died in custody. The current number of imprisoned journalists is however still unknown.

The few remaining 'media' are state owned and far from independent, essentially serving as a mouthpiece for the Ministry of Information. Alternative sources of information are limited given the extremely low levels of internet penetration in the country. Opportunities for the re-establishment of an independent media in the country are therefore largely non-existent, and continued impunity for human rights violations against journalists provide little hope of this situation changing.

Eritrea's legal framework sustains impunity for these human rights violations. Domestic legislation has essentially engineered an environment where the regime is insulated from criticism and has the discretionary means to crush any hint of dissent, often by relying on the perpetual state of emergency in the country. The failure of the Government to implement the 1995 constitution flies in the face of binding commitments made at the international and regional level to the right to freedom of expression and information. The Press Proclamation, the Transitional Penal Code for Eritrea, and the Proclamation to Determine the Administration of Non-governmental Organizations grant the authorities numerous mechanisms to punish dissent with extensive custodial sentences and fines.

Therefore, ARTICLE 19 welcomes the report of the Special Rapporteur and urges the Human Rights Council to renew her mandate. The international community must step up their efforts to press Eritrea to allow the Special Rapporteur to visit the country. In particular, the African members of the human rights council must encourage others to build momentum to achieve this for the people of Eritrea whose voices must be heard.

Finally, the Eritrean government must release journalists and other opposition activists; reform its domestic legal framework to implement the commitments it has made at the international level to promote and respect the right to freedom of expression and information.

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