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The LasTing
sTruggLe
for freedom
in eriTrea
Human RigHts and Political
develoPment, 1991-2009
By
Kjetil tRonvollPDF page 2
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THE LASTING STRUGGLE FOR FREEDOM IN ERITREAPDF page 3
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THE LASTING STRUGGLE
FOR FREEDOM IN ERITREA
HUMAN RIGHTS AND POLITICAL DEVELOPMENT, 1991–2009
By KjETIL TRONVOLL
Comissoned by
Sponsored by PDF page 4
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© Kjetil Tronvoll
Oslo, 2009
Printed by: HBO AS, Haugesund
Cover design: Steinar Iversen Reklamebyrå
Cover photo: Scanpix / Reuters
ISBN 978-82-997899-0-5PDF page 5
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CONTENTS
Preface ................................................................................................................................................. 9
About the author ................................................................................................................................. 10
Executive summary .............................................................................................................................. 11
Methodology ........................................................................................................................................ 16
Introduction ......................................................................................................................................... 17
Chapter 1 Judicial development in independent Eritrea:
Legal pluralism and political containment .......................................................... 24
Chapter 2 Rule of law(lessness) in Eritrea:
Special courts and the judiciary .......................................................................... 38
Chapter 3 Democratic curtailment in Eritrea:
‘Never democracy, always control!’ ..................................................................... 46
Chapter 4 Obliterating civil society in Eritrea:
Denying freedom of organisation and expression .............................................. 62
Chapter 5 The Eritrean Gulag archipelago:
Prison conditions, torture and extrajudicial killings ........................................... 76
Chapter 6 Everyday life of detention and disappearances in Eritrea:
Vulnerable groups in a population under siege ................................................. 90
Chapter 7 Minority marginalisation in Eritrea:
EPLF’s policies of ‘cultural superiority’ ............................................................... 106
Chapter 8 Diversity diminished in Eritrea:
Targeting the Kunama minority group ................................................................ 118
Annex I. International and regional human rights instruments to which Eritrea is a party............... 133
Annex II. Historical backdrop: The creation of Eritrea ........................................................................ 134
Bibliography ........................................................................................................................................ 137PDF page 6
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9
PREFACE
In my capacity as UN Special Humanitarian Envoy for the Horn of Africa (2006-2007) I visited Eritrea
and met with President Isaias three times. Yet my first meeting with him was in the late 1970s when
he, as a resistance leader fighting for independence for his country, met with young members of
Parliament in Oslo. Thus my personal engagement for Eritrea dates back more than three decades.
Today Eritrea is sadly one of the most repressive and isolated regimes of the world: Eritrea is the only
country in Africa that has no privately owned newspapers, journals or media outlets. The constitutional
framework and human rights have been generally suspended under reference to the unresolved
conflict with Ethiopia. No form of political opposition is allowed. Organised religion other than the
approved Christian churches and Sunni Islam has been strictly prohibited since 2002. The domestic
human rights context compels large segments of Eritrea’s youth to flee the country, seeking asylum
and better prospects abroad. On the regional level in the Horn of Africa, Eritrea continues to be
involved in long-drawn-out conflicts, including in the Sudan and in Somalia.
In view of the tragic situation for the people of Eritrea and the fact that the country remains so
isolated from the outside world, the Oslo Center for Peace and Human Rights has commissioned a
report on the human rights situation aiming at stimulating dialogue between the Eritrean government
and main international actors. The report addresses the human rights situation and its possible
political consequences in a comprehensive manner.
The report has been authored by Professor Kjetil Tronvoll with juridical quality assurance by Njål
Høstmælingen. Acknowledgement is also given to Annie Bersagel, Anette Frölich and Dag Rune
Sameien, for their efforts in fact finding, analyzing data and contributions in finalizing the report.
The project has been realised through financial support by the Strømme Foundation and Norwegian
Mission to the East.
The Oslo Center for Peace and Human rights was founded in 2006 when I stepped down as Prime
Minister after almost seven years all in all in that position. The Center is an independent, not-for-profit
Foundation. The mission of the Center rests on two main pillars, Peace and Human Rights.
Kjell Magne Bondevik
President of the Oslo Center for Peace and Human RightsPDF page 8
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ABOUT THE AUTHOR:
Kjetil Tronvoll is Professor of Human Rights (University of Oslo) and managing partner of the
Inter-national Law and Policy Group, a newly established independent think-tank based in Oslo.
He holds a doctoral degree in political anthropology from the London School of Economics and
Political Science (LSE), and an MPhil research degree from the University of Oslo.
Tronvoll has carried out studies in Africa for about 20 years, and was the first foreign researcher to
enter liberated Eritrea in August 1991. During his fieldwork in Eritrea from 1991 to 1993, he stayed in
a remote highland village studying the local culture and the relationship between the liberation
movement and the rural inhabitants. Since serving as a UN observer to the Eritrean referendum in
1993, Tronvoll has revisited the country several times and keenly followed the political development
of Eritrea and the Horn of Africa.
Besides Eritrea, Tronvoll has undertaken extensive anthropological fieldwork in Ethiopia and Zanzibar,
in addition to numerous field trips to various African countries. He has participated in and headed a
number of election observer missions, and has carried out a wide range of international consultancies
on human rights, democratisation and conflict. Tronvoll has lived and worked in several African
countries, as well as in the UK and in the USA as a senior Fulbright scholar.
Tronvoll’s research has mainly focused on democratisation and elections, conflict and identities, peace
and reconciliation, and human rights. He has published a number of articles and reports, and his
books include: War and the Politics of Identity in Ethiopia: Making Enemies and Allies in the Horn of
Africa (Oxford, 2009), Mai Weini: A Highland Village in Eritrea (Lawrenceville NJ, 1998); The Culture of
Power in Contemporary Ethiopian Political Life (co-author; Stockholm, 2003), Brothers at War:
Making Sense of the Eritrean-Ethiopian War (co-author; Oxford, 2000); The Ethiopian Red Terror Trials:
Transitional Justice Challenged (co-editor; Oxford, 2009), and Ethiopia Since the Derg: A Decade of
Democratic Pretension and Performance (co-editor; London, 2002).
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EXECUTIVE SUMMARy
Eritrea is Africa’s youngest state, achieving international recognition as an independent country as
recently as 1993. The aspirations and hopes for democracy and respect for human rights as expressed
at that time, however, are today only bleak memories, as Eritrea has developed into one of the world’s
most totalitarian and human rights-abusing regimes. The purpose of this report is to assess the human
rights situation in Eritrea in context, and try to explain why the country developed along the path it
did.
Judicial development
The multiple politico-administrative and legal transitions in Eritrea’s recent history have created a
country with layers of overlapping legal traditions. As no full judicial revision has been carried out,
laws from former regimes are still operative side by side with customary and religious legal traditions.
At independence Eritrea adopted, with some exceptions, the laws of the ousted Ethiopian regime, and
a subsequent minimal revision/adaptation process was carried out.
In order to create a new judicial framework for independent Eritrea inspired by EPLF’s nationalistic
ideology – and as a response to domestic and international pressure – a full-scale law reform
programme was launched in 1997. This came as a follow-up to the new, although unimplemented,
Eritrean Constitution. Under the law reform programme a number of new codes were drafted; Penal
Code, Criminal Procedure Code, Civil Code, Civil Procedure Code and Commercial Code. The new draft
codes built on the existing transitional codes inherited from Ethiopia, but were all updated and revised
in accordance with international principles of law. The drafting process in itself may have been carried
out adequately; however, the monopolisation of the process by the government party has undermined
its legitimacy among certain segments of the population.
The Constitution of the independent Eritrea was ratified on 23 May 1997 by a government appointed
Constituent Assembly. Government officials have explained that the Constitution will come into effect
once new elections for the National Assembly are conducted. Initially scheduled for 1998, the elections
have been repeatedly and indefinitely delayed by the Government, first due to the outbreak of the
new war and then subsequently due to the post-war dissent process.
Beyond the Constitution, Eritrea is obliged to comply with a number of key international conventions
it has ratified protecting the rule of law; most notably the International Covenant of Civil and Political
Rights, and the regional African Union instrument, the African Charter on Human and Peoples’ Rights.
Despite the existence in general of a theoretically adequate judicial framework in Eritrea, the value of
the Constitution, supporting laws and international conventions are null and void as long as the
authorities do not implement them or enforce them in practice.
Rule of law
At independence, ‘rule of law’ was understood as defined by the EPLF and in relation to the so-called
particular history of the Eritrean struggle; and not in accordance with universal principles and
international human rights standards. This led to the formalisation of a ‘fighter’ culture in the judiciary,
although the Eritrean Constitution and laws declare the Eritrean judiciary independent from both the
parliament (National Assembly) and the government. International human rights reports on Eritrea all
conclude that the judiciary is weak and subject to executive control.
In principle, Eritrea has three types of courts, although their separate jurisdiction may at times be
blurred; civil (three levels, including community and shari’a courts), military (two levels), and the
special court. Furthermore, there are indications that there exists a parallel secret system of extra-
judicial sentencing of political prisoners that is not anchored in any laws or presidential decrees.PDF page 10
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Of particular concern is the Special Court established in 1996. The statute or law for the establishment
of the Special Court is not available, and no published records of its procedures or cases are available,
as the court generally operates in secrecy. The Special Court is not bound by the Code of Criminal
Procedure or the Penal Code, nor precedents set by earlier court decisions. Judges generally base their
decisions on ‘conscience’ – in relation to the particular history of the Eritrean struggle and EPLF fighter
culture – without reference to the law. A number of formal and operational elements put the Special
Court in stark contradiction with the Eritrean Constitution and laws, and international standards of fair
trial. Of particular concern is the fact that the trials are conducted in secret and do not allow for any
legal representation for the defendants. The judges serve as prosecutors and may request the indivi-
duals involved in the cases to represent themselves in person.
Eritrean law and the unimplemented Constitution provide safeguards and specific rights for defendants
in the regular court system. Among other things, the law prohibits indefinite and arbitrary detention,
requires arrested persons to be brought before a court within 48 hours, and sets a limit of 28 days in
which an arrested person may be held without being charged with a criminal offence. However, this
legal limit is routinely violated in regard to political and other arrests.
It seems clear that the political ideology of the regime in Eritrea, both prior to and after the political
crack-down of 2001, has inhibited the development of the rule of law in the country. In particular the
workings of the judiciary have suffered, as executive interference and lack of resources have seriously
undermined its operational independence.
Democracy
Since coming to power in 1991, the EPLF/PFDJ has not allowed any organised political opposition to
emerge within Eritrea. Eritrea today is a one-party state under siege by its own government. The
pretext of external enemies is used as an excuse to deny people their basic rights and freedoms of
opinion and expression, to organise and assemble, and to practise their religious beliefs. The Eritrean
government does not allow any alternative voice or opinion to be heard, all resources and people are
mobilised and canalized into maintaining the country’s totalitarian and militaristic structure. No private
or independent press or media houses exist. Not one non-governmental organisation (NGO) is allowed
to operate outside the direct control of the government party.
The current reality grew out of a Marxist-Leninist inspired militaristic tradition inherited from the
liberation struggle. Consequently, even at the incipient stage of Eritrean development, civil society
initiatives were quelled and alternative voices muted or excluded from voicing their opinions. Even
constitutional articles prescribe that democratic rights and freedoms are not freely given in Eritrea
today, but need to be compliant with the overall political directions offered by the government.
Just prior to the outbreak of a new war with Ethiopia, Eritrea conducted its first regional elections in
1997. However, the purpose of the elections was a sham, as the Proclamation for the Establishment
of Regional Administrations outlines a system of local governance which seems not to hold any
decentralisation of power and authority, but rather the contrary; as it established a new system of
surveillance controlled directly by the President’s Office.
National elections were scheduled for 1998, but postponed due to the outbreak of war. After signing
the ceasefire agreement in the summer of 2000, new plans for elections were made and draft laws
were developed. Due to the post-war dissent process, the draft legislation on political parties and
elections were annulled, and the conduct of general elections was postponed indefinitely.
Civil society
In the aftermath of the Eritrean-Ethiopian war (1998-2000), an internal dissent movement within the
government party started to question the authority of and decisions made by the President. Eritrean PDF page 11
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independent newspapers and civil society representatives joined in to challenge the monopolisation
of power by the government party, and the lack of democratic development in the country. The dissent
process culminated in Septmber 2001, when the President ordered a nation-wide clamp-down, arresting
hundreds of critics, closing down all private media-outlets and curtailing all civil society activities.
In rulings by the African Commission on Human and Peoples’ Rights and the UN Working Group on
Arbitrary Detention, the arrest of Eritrean journalists and dissenters have been severely criticised as
unlawful and in breach with international human rights obligations that the Eritrean government has
ratified.
By the end of 2001, all dissenting voices demanding democratic reform in Eritrea were quelled; either
arrested, driven into exile, or cowed into silence. The nascent Eritrean civil society and independent
press were shut down; their spokespersons and journalists and editors arrested. Thenceforth, no
opposition or alternative voices have been allowed to be heard inside the country. Today, it is
forbidden in Eritrea for any group of more than seven people to assemble without approval by the
government
Prison conditions, torture and extrajudicial killings
Thousands of Eritreans are languishing in ‘secret’ detention camps throughout the country; government
critics, veteran liberation fighters, civil servants, peasants, students, journalists, and religious believers
alike. No group or individual is unaffected – men and women, young and old, Christian and Muslim,
rural and urban, educated and uneducated, all are liable to be regarded as a threat to the regime and
thus susceptible to arrest, torture and disappearance. Eritrea today is a nation held hostage by its own
government, with a population denied basic human rights and freedoms. Estimates of the number of
political prisoners, provided by Eritrean refugees and exiled civil society representatives, vary between
10,000 and 30,000.
The police are officially responsible for maintaining internal security and order in Eritrea; however the
army, reserves and demobilised soldiers are also called upon to assist in operations targeting civilian
citizens. The Eritrean police corps, many of whose officers are conscripts, are riddled with corruption
and they typically use their influence as government officials to assist friends and family. It is also
reported that the police demand bribes to release detainees. Military personnel have the authority to
arrest and detain civilians.
Like a chain of islands, the Eritrean political prisons, detention centres, and labour camps are scattered
throughout the country. They are under the control of the military or the internal security service.
Some are purpose-built as centres of incarceration; others may be converted store houses and
make-shift constructions (often metal shipping containers), or may double-up as military camps and
detention centres. Many of the sites are underground, where detainees are kept hidden below ground
in specially dug-out cells and ‘dungeon’ like structures. Reportedly, some political prisoners are held
incommunicado in secret security sections of official police stations or of officially-designated prisons.
The majority of the detention centres are secret, with access prohibited, and not officially designated
as prisons. Several of the detention camps are located in some of the world’s most inhospitable
places, where soaring temperatures (above 50 degrees Celsius) and extremely rudimentary facilities
make basic survival difficult. No outsiders are permitted access to these prisons/camps, and usually
even close family members of detainees are denied visits. The International Committee of the Red
Cross – which has access to political prisoners in many dictatorial regimes throughout the world –
is denied access to any Eritrean prisoners or prisons.
The conditions in the detention camps and prisons are harsh and life threatening and the facilities are
extremely primitive. Food and water supplies to detainees vary from prison to prison and depending
on the season. Generally, however, the amount and quality of the food is inadequate. Likewise, PDF page 12
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sanitation facilities vary, but are generally very poor. The handling of detainees, with inadequate
facilities and mistreatment, are part of an interrogation strategy to weaken resistance among the
detainees. Reportedly, scores of Eritreans die while in detention or under arrest. The severe physical
and psychological stress in prisons has caused psychological problems for many detainees. Reportedly,
many detainees have committed, or tried to commit, suicide to escape the gruesome prison
conditions.
Former detainees tell of various types of torture and inhumane treatment inflicted upon them with
or without a specific reason given. Despite the widespread reports of systematic torture in Eritrea,
committed by police, army, intelligence, party and government officials, no known action has been
taken to punish the perpetrators of torture and abuse.
There are also numerous reports of summary executions or people being tortured to death, carried
out by military personnel in the many military detention camps throughout the country. Extrajudicial
killings take place not only in detention centres and prisons, but also in the context of everyday life in
rural and urban areas. A number of people have been shot near the Sudanese and Ethiopian borders,
allegedly for attempting to cross the border illegally. Apparently, military personnel on the border have
standing orders to shoot on sight if people are attempting to flee the country. Furthermore, the
government has authorised the use of lethal force against anyone resisting or attempting to flee
during military searches for deserters and draft evaders in the cities; a practice that reportedly has
resulted in many deaths.
Detention and particularly vulnerable groups
No one knows exactly how many individuals – men and women, old and young – are kept in detention
or under arrest in Eritrea today. Today, anyone in Eritrea is liable to arrest and detention, irrespective
of their age, gender, religion or ethnicity. Any reason – or no reason at all – may be given for their
arrest or detention. Old age or youth is not an excuse for avoiding detention. Reportedly, detainees
of over 80 years of age and in poor health are held under rudimentary conditions in prisons. Children,
too, are liable to arrest and detention in Eritrea. Reportedly, children as young as eight or nine years
of age have been detained, with or without their parents. Having a trusted, high-profile position,
or a distinguished record as a veteran liberation war hero, is no protection against the arbitrary
punitive injustices committed by the government. Most famous and notable are the eleven top-level
government ministers and party officials arrested in the September 2001 clamp-down; all prominent
EPLF leaders and veteran liberation war heroes.
Mass arrest and collective punishment has become a common phenomenon in Eritrea. This is in
particular related to preventing and punishing protests against the government’s militarisation of
society in general, and its much-hated national service campaign.
Due to the enormity of human rights abuses in Eritrea, which affect the whole population, it may be
difficult to single out certain individuals or groups which are more at risk of attack than the population
at large. Nevertheless, certain groups of individuals are directly targeted by the government and
exposed to grave human rights violations due to their particular status, profession or background.
These prejudiced practices are partly a manifestation of the ideological underpinnings of the EPLF/
PFDJ (stressing a militant nationalistic ideology), but is also somewhat arbitrary, as all ‘new’ groups
perceived as a threat to the regime’s power will routinely be sanctioned. Against the backdrop of a
widespread, and at times arbitrary, detention policy, certain groups may be identified as particularly
vulnerable to arrest and governmental harassment. This study has identified national service personnel,
adherents of prohibited churches and religious organisations, individuals from the Kunama minority
group, forcibly returned refugees, journalists and other human rights defenders, as well as government
party dissenters, as being particularly prone to arrest. PDF page 13
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Minority right concerns
Eritrea is officially described as being inhabited by nine ethnic groups, all diverse in culture, religion,
and activities of production. In independent Eritrea, the government party sustained and even
reinforced its strict nationalist ideology, as national unity became the principal guideline to which all
government policies and development plans were aligned. Consequently, the cultural diversity of the
country appears to suffer, as arguments and claims for the enhancement and protection of cultural or
minority rights are interpreted as undermining and divisive in relation to the official nationalist policy
The legal protection of cultural and minority rights in Eritrea is inadequate, as no publicly known
specific act or proclamation is drafted with the aim to protect minorities or their cultural traditions;
and the Eritrean Constitution makes only limited references to cultural and minority rights.
Within certain areas, the Eritrean government’s development policies reflect a socio-historical and
cultural bias, as the highland culture and way of life are apparently dominating in influencing
government development plans and policies. This entails, inter alia, that the way of life of sedentary
agriculturists is taken as a ‘national standard’, placing restrictions upon the natural development and
growth of lowland pastoral and nomadic cultures.
The Tigrinya highland culture is also dominating in the educational system and state affairs, as the
language of the civil service and military is Tigrinya.
The case of the Kunama minority group
Of the many minority groups in Eritrea, the government has seemingly singled out the Kunama group
as a special concern for the state. The Kunama is one of the smallest ethnic groups in Eritrea, and is
estimated to number between 50,000 and 140,000 people, living in small scattered communities in
western Eritrea along the border to Ethiopia. During the Eritrean liberation war, the Kunama were
accused of being the only group which largely and consistently supported the Ethiopian government;
a perception which has put them in peril in the post-independent period.
The outbreak of the new war between Eritrea and Ethiopia in May 1998 further worsened the already
tense relations between the Kunama and central Eritrean authorities, as it revived the image of the
Kunama as Ethiopian collaborators and spies. Unlike people of other ethnic groups, the Kunama did
not flee their home villages when the Ethiopian forces occupied Eritrean territory during the war. They
remained in their villages and the majority ignored the Ethiopian presence. Eritrean authorities thus
accused the Kunama first of failing to resist the Ethiopian military offensive, later of allegedly assisting
the Ethiopians in their warfare. A post-war retaliation campaign against the Kunama has reportedly led
to many deaths and imprisonments, and made several thousands Kunama flee to Ethiopia in 2000.
The government has carried out widespread land confiscation in Kunama areas, in order to establish
mechanised agricultural plants and resettlement camps for refugees. Furthermore, the Kunama argue
that it is a deliberate strategy by the Eritrean government to confiscate land for military purposes and
locate military facilities in civilian Kunama villages and on their holy sites, in order to dilute Kunama
cohesion and cultural distinctness. The apparent governmental targeting of Kunama cultural sites and
traditions, in addition to harassment, intimidation and detention of Kunama representatives which has
driven several thousands of families into refuge in Ethiopia, is raising concern among the Kunama that
their unique culture is under threat and dying off in Eritrea today.PDF page 14
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1 I carried out fieldwork in Eritrea from August 1991 to October 1992; and January-June 1993. Shorter fieldwork exercises were
carried out in 1996, 1997 and 1998.
METHODOLOGy
It is impossible today to undertake independent critical research in Eritrea. No official research permits
are granted to independent researchers, and certainly not for the study of human rights and political
development. Neither are there any organisations or environments in Eritrea which undertake research
or monitoring of human rights in the country. The extensive security and intelligence surveillance in
the country prohibits and impedes any clandestine gathering of information on human rights violations
which would severely jeopardise the life and wellbeing of any informant.
Lack of access to primary data on the human rights situation in Eritrea is thus a key methodological
constraint to any reporting on the human rights situation in the country.
In order to alleviate this situation, and for the purpose of this study, field trips were carried out in
April-May 2008 at the Eritrean refugee camps in Kassala, Sudan, and the Shimelba refugee camp in
Tigray, northern Ethiopia. Over two weeks, we conducted a number of interviews with recently arrived
Eritrean refugees. Eritrean refugees living in Khartoum and Addis Ababa were also interviewed, as well
as exiled Eritrean civil society representatives, academics and intellectuals, and representatives from
the political opposition.
Several other interviews with informants knowledgeable about the situation in Eritrea –Eritreans in
diaspora, international development aid workers, academics, and diplomats – have also been
undertaken at various locations during the course of the work on this report.
In addition to primary interviews, an extensive open-sources search has been undertaken to obtain
information from all relevant UN agencies, other bilateral and multilateral agencies, non-governmental
organisations, human rights agencies, newspapers, and other reports on the situation in Eritrea.
A large number of academic sources have also been consulted.
For the purpose of this study, two formal requests for interviews with government representatives were
submitted to President Isaias Afwerki in 2008. No response to these requests was received. Official
statements and the position of the government on various issues of concern have thus been taken
from other government sources (such as official Eritrean websites, and the government newspaper
Eritrea Profile), as well as interviews granted by government officials to international media
organisations.
In order to trace the development trajectories of human rights in Eritrea, information obtained by the
author through previous long-term fieldwork in the country has also been included.1
All information presented in the report has been cross-checked with several sources. Written sources
are referred to in the text or in footnotes. In a few instances where proper cross-checking of
information has not been possible, this is indicated in the text.
Information obtained from refugees is in general made anonymous in the text due to possible
repercussions against relatives and family remaining in Eritrea.
Work on this study was carried out between January 2008 and April 2009.
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2 From the official website of the government: ‘Public Dialogue: Human Rights in Eritrea’, posted 6 June 2006, at:
http://www.shaebia.org/cgi-bin/artman/exec/view.cgi?archive=14&num=4553, accessed 5 November 2008.
3 There may, however, be some redundancies of information from one chapter to the next, in order to present a coherent
argument within each chapter (as one strand of information may be used to explain several contexts).
INTRODUCTION
The People’s Front [EPLF/PFDJ] struggled for the independence and liberation of
the Eritrean people. If it does not ensure human rights of the people of Eritrea,
independence alone has no meaning.
Yemane Gebremeskel2
Director, President’s Office/Department of Political Affairs, EPLF/PFDJ (2008)
It was better during the Derg, At that time the Ethiopians tortured us, but that made us
only more determined in our struggle to become independent. Today, it is our own people who
torture us, something which breaks down our spirit as there is no hope for the future.
Eritrean refugee in Sudan (2008)
Eritrea is Africa’s youngest state, achieving international recognition as an independent country as
recently as 1993. The aspirations and hopes for democracy and respect for human rights as expressed
at that time, however, are today only bleak memories, as Eritrea has developed into one of the world’s
most totalitarian and human rights-abusing regimes.
The purpose of this report is to assess the human rights situation in Eritrea in context, and try to
explain why the country developed along the path it did. During the last few years, several human
rights reports on Eritrea have been published by various international rights agencies (see biblio-
graphy and references in footnotes throughout the report). A few are general in-depth reports
(published by Human Rights Watch and Amnesty International), but in general emphasis has been
placed on reporting on freedom of expression and on religious persecution in Eritrea, as several
international organisations are dedicated to these issues in particular. Few of the reports, however,
aim to trace the trajectories of political development leading to the current human rights abuses in
order to explain the abuse within the context in which it is perpetrated, as this study does.
The Eritrean Constitution (ratified in 1998, but still not implemented) establishes due principles of
the rule of law in the country. The Eritrean government has also acceded to most of the relevant
international human rights conventions (see annex for listing). Thus, there is an obligation on the
Eritrean government to protect and defend human rights in the country. Likewise, there is a
responsibility upon international actors to follow up and require compliance by the Eritrean
government in this concern.
This report is divided into eight chapters covering various aspects of human rights in Eritrea: judicial
development; rule of law; democratic development; freedom of organisation and expression; prison
conditions, torture and extrajudicial killings; particularly vulnerable groups; minority policies; and a
case study of the Kunama minority group. The chapters may be read independently of each other if
the reader just seeks information pertaining to one specific topic. However, the chapters are organised
in a manner which aims to present a coherent overall narrative of the Eritrean case, and as such the
report may be read as a monograph.3
The report does not aim to present a full and comprehensive analysis of all human rights-related
issues in Eritrea. Due to capacity and methodological constraints, certain topical limitations had to be
imposed. Thus, for instance, aspects of the socio-economic development of independent Eritrea are PDF page 16
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4Some recent academic publications give an insight into the problems of the militarisation of Eritrean society; see, for
instance, Kibreab (2009) and Müller (2008).
5EPLF was renamed the Popular Front for Democracy and Justice (PFDJ) in 1994. However, the government is still usually
known by its original name, EPLF. In this study, EPLF and PFDJ will be used interchangeably.
not covered in the report, as this information may be easily available from other open sources (such
as the UN and other international and bilateral development agencies). Furthermore, as this report
strives to avoid falling into the dichotomising, simplistic and perilous ‘Eritrea at war’ rationalising
discourse, issues related to the regional geopolitical context and the ensuing militarisation of society
in Eritrea have in general not been treated as a specific and separate topic of analysis.4
The human rights context in Eritrea is so dire, widespread and encompassing that to cover all its facets
in one report is an impossible task. This study provides analysis of some core issues of concern and
may thus serve as a stepping-stone to further and more specific works to be carried out in the future.
POLITICAL BACKDROP
A 30-year long liberation war led by the popular Eritrean People’s Liberation Front (EPLF)5 against
Ethiopian rule had, at the time of independence, moulded the Eritrean people into a determined and
battle-hardened population. Although most of the country was in ruins in 1993, the Eritrean people
strongly believed in a better and more prosperous future, as the liberation front established the first
civilian government and appointed its much revered leader, Isaias Afwerki, as President of independent
Eritrea. The absolute majority of the population looked upon EPLF with great esteem and admiration,
as they had struggled and endured hardships and great sacrifices for the common good of the
people. The leadership of the EPLF was at that time viewed as a ‘new generation’ of African leaders:
they enjoyed popular support among their constituencies; they (rhetorically at least) endorsed liberal
democracy, human rights and a free market economy, and they had a well-defined development policy
based on their own priorities. As such, the EPLF heralded a clear breach with the former Ethiopian
military regime dominating Eritrea.
The political history of Eritrea also gave hope for the development of a functioning multi-party
democracy. During the 1940s and until the closure of the Eritrean parliament by Ethiopia in 1962, there
were a number of organised political parties in Eritrea. Moreover, Eritrean society takes pride in being
entrepreneurial, dedicated and hard-working. Hence, the former experiences with multi-party politics
and democracy, a dedicated and conscientious political leadership, in combination with a hard-working
and supportive population, were factors that boded well for the future development of a new Eritrean
democracy.
The international community too was in need of an African success story, and Eritrea, with its tiny
population and war-ridden history, came forward as a seemingly good candidate. The donor
community, in particular, was positively surprised by EPLF’s will to reject donor-driven initiatives,
instead emphasising its self-reliance and self-defined development objectives. The newly independent
country, which had no foreign debt whatsoever in 1993, thus had the full backing of the international
development community in its effort to deliver ‘development’ to its people.
Current realities
Assessing Eritrea today, however, the optimism displayed in the early 1990s has vanished, since the
multiple promises given by the liberation leaders to the Eritrean people of a ‘prosperous and peaceful
development’ have failed to materialise. Quite the contrary, the Eritrean leaders have, during 18 years
in power, managed ruin the country’s reputation inasmuch as Eritrea today is perceived as a political
pariah, a regional spoiler, and a totally unreliable and irresponsible regime.PDF page 17
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6United Nations Development Programme (UNDP), ‘Human Development Index 2008’, accessed 5 May 2009 at: http://hdr.
undp.org/en/media/HDI_2008_EN_Tables.pdf.
7Freedom House: ‘Freedom in the World 2008’, at: http://www.freedomhouse.org/template.cfm?page=363&year=2008,
accessed 5 May 2009.
8Freedom House, ‘The Worst of the Worst: The world’s most repressive societies 2008’, at : http://www.freedomhouse.org/
uploads/special_report/62.pdf, accessed 7 May 2009.
9Freedom House, ‘Freedom of the Press 2009: Table of Global Press Freedom Rankings’, http://www.freedomhouse.org/
uploads/fop/2009/FreedomofthePress2009_tables.pdf.
10Mo Ibrahim Foundation: ‘The Ibrahim Index of African Governance 2008’, at: http://www.moibrahimfoundation.org/in-
dex-2008/index.asp, accessed 6 May 2009.
During its term in power, the EPLF/PFDJ has, inter alia: managed to push Eritrea into armed clashes
with three of its neighbouring countries (Sudan, Djibuouti and Yemen); waged the biggest and most
devastating bilateral war on the African continent in recent decades, with Ethiopia (1998–2000);
sustained a total militarisation of society; clamped-down and suspended all independent and privately-
owned newspapers and magazines; closed down national and international NGOs; closed down the
only university in the country and curtailed academic freedom; arrested hundreds of dissenters;
detained and tortured many thousands of ordinary Eritreans construed as a threat to the regime’s
survival; pushed hundred of thousands of Eritreans to flee their country as refugees; and devastated
the state economy.
Eritrea’s international ranking
Eritrea’s dismal history as an independent state is also reflected in various international rankings of
democracy and human rights development. In order to give a rapid summary of Eritrea’s international
standing in this regard, below is a brief overview of how the most renowned and reliable surveys rank
the Eritrean government’s performance:
• United Nations Development Programme (UNDP):
Eritrea is ranked as number 164 of 179 countries on the Human Development Index
(HDI) scoring below 0.350.6 This score places Eritrea in the category of ‘low human
development’.
• Freedom House:
In the ‘Freedom of the World’ survey for 2008, which provides an annual evaluation of
the state of global freedom as experienced by individuals, Eritrea is classified as being
‘Not Free’ and is grouped among the weakest performing nations in the world. Freedom
House sees no movement towards developing pluralist political institutions in Eritrea.7
Freedom House also categorises Eritrea as the ‘worst of the worst’ and the country is in
cluded in the special report on the world’s most repressive societies published in 2008.8
Furthermore, in Freedom House’s ‘Freedom of the Press 2009’ ranking of press freedom
globally, Eritrea is ranked as the worst country in Africa in terms of press freedom (no. 48
out of 48), and is ranked as number 190 in the world (out of 195 countries in total), only
surpassed by Burma, Turkmenistan and North Korea.9
• Mo Ibrahim Index:
The Mo Ibrahim Index of African Governance of 2008 is based on data from 2006. It
shows that between 2005 and 2006 Eritrea’s overall score declined to 46.5 out of 100,
as the country fell two places to rank 41st out of sub-Saharan Africa’s 48 countries.10
The most notable movement was in the ‘Rule of Law, Transparency and Corruption’
category, in which Eritrea’s score fell by 1.9 points. Eritrea’s scores fell in four out of five
categories of the Ibrahim Index. Within the category ‘Participation and Human Rights’,
Eritrea is ranked as the second-worst performer in Africa: number 47 out of 48
sub-Saharan African countries.11PDF page 18
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11Mo Ibrahim Foundation, news release: ‘Eritrea falls two places as performance declines in latest Ibrahim Index of African
Governance’, at: http://www.moibrahimfoundation.org/index-2008/pdf/press_release/Eritrea_english.pdf, accessed 6 May 2009.
12Reporters Without Borders: ‘Worldwide Press Freedom Index 2008’, at: http://www.rsf.org/IMG/pdf/cl_en_2008.pdf, accessed
6 May 2009.
13Reporters Without Borders: ‘Eritrea World Report – 2009’, at: http://www.rsf.org/article.php3?id_article=31131, accessed 7
May 2009.
14International Press Institute: ‘World Press Freedom Review 2007’, at: http://www.freemedia.at/cms/ipi/freedom_detail.
html?country=/KW0001/KW0006/KW0154/, accessed 5 May 2009.
15Committee to Protect Journalists: ‘CPJ’s 2008 Prison Census’, at: http://www.cpj.org/imprisoned/2008.php, accessed 6 May
2009.
16The Center for Systematic Peace: ‘Polity IV Project’, 2008, at: http://www.systemicpeace.org/polity/polity4.htm, accessed 5
May 2009.
17The Center for Systematic Peace: ‘Global Report on Conflict, Governance and State Fragility 2008’, at: http://www.
systemicpeace.org/Global%20Report%202008.pdf, accessed 6 May 2009.
18Transparency International: ‘Corruption Perceptions Index 2008’, at: http://www.transparency.org/policy_research/surveys_
indices/cpi/2008, accessed 6 May 2009.
• Reporters Without Borders:
On the Worldwide Press Freedom Index 2008, Eritrea occupied the last rank in the world
(no. 173 out of 173 countries assessed) for the second year running.12 Reporters Without
Borders has ‘reacted to the scandalous situation within the country by campaigning for
the Eritrean president and his ministers to be declared personae non grata in Europe’.13
• International Press Institute (IPI):
In the World Press Freedom Review 2007, Eritrea is categorised as one of the world’s
most brutal suppressors of independent reporting.14
• Committee to Protect Journalists (CPJ):
With at least 13 journalists behind bars, CPJ characterises Eritrea as Africa’s leading
persecutor of the press and the world’s fourth worst jailer of journalists.15
• Polity IV index:
The Polity IV Project continues the Polity research tradition of coding the authority
characteristics of states in the world system. The Polity IV Project carries data collection
and analysis through 2007.16 Some of this dataset is published in the Global Report
2008, where Eritrea scores 16 in the State Fragility Index 2007, placing it in the category
of ‘Serious’ at number 141 out of 162 countries.17
• Transparency International:
On Transparency International’s Corruption Perceptions Index for 2008, Eritrea was ranked
126 out of 180 countries surveyed.18PDF page 19
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PRéCIS
This study argues that it is possible to follow a pattern of political decision-making under the EPLF/
PFDJ as the national government which gradually became more and more authoritarian. The climax
of a societal clamp-down and the arrest of a number of key EPLF officials and cabinet ministers in
September 2001 was just the last move in a long line of decisions carefully taken in order to quell all
opposition to the personal rule of Isaias Afwerki.
The authoritarian outlook of the government also impinges directly on the development and
workings of the wider civil society in Eritrea, both organisationally and economically. The extremely
high military costs since the outbreak of the new war with Ethiopia in 1998 has led to a sharp decline
in governmental investments in non-military sectors. Added to this is the partial cut, or sharp decline,
in transfers of funds from the donor community, in addition to a decline in the transfer of remittances
from the Eritrean diaspora. The combination of these three factors has ruined the Eritrean economy,
which survives on international development aid, forced labour of conscripts in the army, and support
from a few other ‘like-minded’ countries. The consequences of the weak state economy are particularly
observable in the rural areas. High inflation, drought, weak harvest, reduction of the traditional grain
imports from Ethiopia, and reduction of donor relief aid, have led to increasing rural poverty. The
high level of military mobilisation, where the able-bodied population is drained from the villages, has
compounded this dire situation.
The few international NGOs operating in Eritrea – there is only a handful left at the time of writing19 –
have been forced to scale down their activities and have become very cautious about challenging the
restrictive policies of the government. Due to the repressive and authoritarian context in Eritrea, the
small and marginalised international community has opted for the same ‘strategy of silence’ as the
majority of the population, in order not to be ejected from the country. Thus, the potential role of civil
society as an agent of change is more or less non-existent.
The current situation in Eritrea regarding democratisation and human rights can only be described
as an extremely totalitarian military dictatorship. The President is relying on just a handful of men to
control the security and military apparatus in order to dominate and suppress the entire Eritrean
population. As this is written, in April 2009, there are no signs of change of mind or policies among
the Eritrean government, and the extremely dire human rights situation is sustained. The following
points sum up the situation:
• Although the Constitution has been ratified, it is not implemented, and the constitutional
provisions regarding democracy, human rights and good governance are not observed;
• Only the government party (the PFDJ/EPLF) is allowed;
• The government controls all mass media, the independent press has been shut down
since September 2001;
• The government directly interferes with and controls the judiciary;
• Extrajudicial sentencing and killings occur regularly;
• There is widespread detention without trial of individuals associated with any kind of
activity not prescribed or sanctioned by the authorities;
• Detainees are routinely tortured, and prison conditions are in general inhumane;
• Freedom of expression is severely curtailed, if it exists at all;
• Freedom of assembly is severely curtailed, prohibiting the gathering of more than a
handful of people;
19These are; the Lutheran World Federation, Catholic Relief Society, Oxfam, Norwegian Church Aid, and the International
Committee of the Red Cross (ICRC).PDF page 20
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• Independent research and academic freedom are severely curtailed;
• The government restricts the development of an independent civil society.
No independent human rights or civic rights organisations exist;
• Due to government priorities and mismanagement, there is escalating poverty and a
sharp decline in economic activities;
• The government is nourishing a ‘political culture of war’ and enforces a continuous
mobilisation of young men and women sustaining Africa’s biggest army;
• The existence of an elaborate secret intelligence network, spying and informing on all
sectors of society;
• Religious communities are restricted in the practice of their beliefs and ‘new’ Christian
churches are banned and their followers persecuted;
• The relevance of the international society is weakened, as the government becomes
more and more authoritarian;
• The Eritrean government is a regional ‘spoiler’ of peace, currently pursuing destabilising
strategies in Somalia, militarily challenging Djibouti, and supporting the armed Ethiopian
opposition.
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1
INTRODUCTION
The land of Eritrea has, over the centuries, been controlled by different powers, all of which have left
an imprint on both official as well as informal sources of law and legal authority in the country. During
the last century Eritrea has experienced five radical political transitions all involving shifts of judicial
authority. Consequently, in order to achieve a comprehensive understanding of the workings of the
judicial system and the rule of law in Eritrea, it is crucial to have knowledge about the historical
trajectories of law in the country.
This chapter will thus first outline how the sources of law and legal authority in Eritrea have evolved
historically. Thereafter the legal transition after independence in 1991 and the constitution-drafting
process will be discussed. Emphasis is put on how human rights issues have been handled in these
processes.
21 This section does not aim to give an elaborate outline of Eritrean history or war of liberation; for that please consult other
academic works.
JUDICIAL DEVELOPMENT
IN INDEPENDENT ERITREA:
LEGAL PLURALISM AND POLITICAL CONTAINMENTPDF page 23
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22UN General Assembly Resolution 390, 2 December 1950.
SOURCES OF LAW AND LEGAL AUTHORITY IN ERITREA
During pre-colonial times (prior to 1890), Eritrean territory generally fell under the political realm of the
Abyssinian state (Ethiopia). The Eritrean highland society (kebessa) in particular was an integral part
of the Abyssinian feudal structures, as the governor paid tribute to the prince (ras) of Tigray, who was
in turn subject to the authority of the king of kings (negus negast), the emperor of Abyssinia. Hence,
many of the customary sources of law still operating informally in Eritrea, derive from, or are
influenced by, an Abyssinian tradition of law. This is particularly relevant to customary forms of land
tenure (Tronvoll 1998a).
The Italian colonial period (1890–1941) established Eritrea, within the borders existing today, as a
definite territorial polity for the first time (Negash 1987). Italy constructed the modern institutions of
statehood in Eritrea and developed the formal judiciary system. As in other colonies, a juridical
distinction was made between Italian colonial officers and settlers, and the native population.
During the Second World War, in 1941 the Italian colony of Eritrea fell to British-led Allied forces. Eritrea
was thus placed under the British Military Administration (BMA) pending an international decision on
the future status of Italy’s colonies (Eritrea, Libya and Somalia). The BMA was only a caretaker
administration for Eritrea as an occupied enemy territory following the principles of the Hague
Convention of 1907. Basically, this mandated the BMA to ‘govern humanely and maintain law and
order’ (Trevaskis 1960: 18-43).
After the war, the UN took upon itself the authority to decide the future of the former Italian colonies.
In December 1950, the General Assembly voted to federate Eritrea with Ethiopia.22 In accordance with
the UN-controlled federation process, elections were conducted for an electoral college in 1952 which
then again elected the new multi-party Eritrean National Assembly. The Assembly adopted the new
UN-drafted Eritrean Constitution in July 1952, whilst Ethiopia ratified the federal act in September the
same year (Iyob 1995: 87). The first Eritrean Constitution clearly stated that Eritrea should have
internal autonomy, and the Eritrean Assembly passed laws applicable to the Eritrean citizens of the
federation. Human rights were also incorporated into the Constitution, the ‘idea of the citizen having
any rights against the authorities being a startling innovation in Eritrea’ (Smith 1955: 484). In the first
years of the federation, several human rights cases where heard in Eritrean courts, and judgments
were passed in support of the plaintiffs (Smith 1955). Soon, however, Ethiopia’s expansionist’s
ambitions led to the violation of the principles of self-administration, as the federal government – i.e.
the Emperor – intervened in internal Eritrean affairs. Finally, in November 1962, Ethiopia forced the
Eritrean Assembly to annul the federation, and Eritrea was annexed as Ethiopia’s fourteenth province
(for various perspectives on Eritrea’s annexation by Ethiopia, see Cliffe and Davidson 1988; Connell
1993; Gayim 1993; Iyob 1995; Negash 1997).
The Eritrean war of resistance against Ethiopian oppression commenced in the early 1960s, first
spearheaded by the Eritrean Liberation Front (ELF). The current government party in the country, the
Eritrean People’s Liberation Front (EPLF), was a splinter group of ELF and established itself as a
separate organisation in 1973. Due to a better military strategy and more popular political ideology,
the EPLF quickly positioned itself as the dominant resistance front in the country. By 1980, the EPLF
(with help from the Tigray People’s Liberation Front (TPLF) in Ethiopia) crushed ELF as a politico-
military force within Eritrea and thus established a political hegemony defining the content and scope
of Eritrean nationalism versus Ethiopia. PDF page 24
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23Proclamation no. 37/1993 (see Iyob 1995).
24US Library of Congress: ‘Introduction to Eritrea’s Legal System’, at:
http://loc.gov/law//help/eritrea.html, accessed 12 November 2008.
25The majority of the Ethiopian laws were drafted by foreign experts during the 1950s, under Emperor Haile Selassie. The
inherited Ethiopian Penal Code (of 1957), for instance, was originally drafted by a Swiss law professor, modelled on conti-
nental penal codes under a civil law doctrine. The inherited Ethiopian Criminal Procedure Code (of 1961), on the other hand,
was influenced by a common law approach, since an English jurist had, upon Emperor Haile Selassie’s request, revised and
reworked the original draft presented by the same Swiss law professor. The new draft Criminal Procedure Code is based on
an adversarial system of justice of common law, but without jury trial (Rosen 2001: 86). For a discussion of the implications
of the effectiveness of inherited legal systems on the rule of law in common law and civil law countries in Africa, see Joire-
man (2001).
From the late 1970s, the EPLF functioned both as a liberation army and a government, as it built a
parallel governance structure – with ‘line ministries’ controlling and administering the liberated areas
(Iyob 1995; Pool 2001). The EPLF fighters, as well as civilians in the liberated areas, had to obey by
EPLF laws. Written codes and general norms were developed regulating life in the EPLF-controlled
liberated areas of Sahel, and also a fighters’ ‘code of conduct’ in relation to social relationships,
gender equality, etc. The EPLF struggle was also conceived as a social revolution, where aspects of
Marxist ideology emphasising equality were introduced to the highly segregated and hierarchical
Eritrean society.
The EPLF entered Asmara on 24 May 1991, effectively liberating the country from Ethiopian control. A
Provisional Government of Eritrea (PGE) was established, which immediately commenced the daunting
task of establishing effective administration and rule of law throughout the territory. One of the first
laws decreed by the PGE was the new Eritrean Nationality Proclamation (No. 21/1993), which clearly
outlined the criteria of Eritrean citizenship as a prerequisite for participation in the upcoming
referendum on independence (Iyob 1995). A UN-monitored referendum on independence was conducted
in April 1993. The highly affirmative outcome of the vote (99.8 per cent voted ‘yes’ to independence)
paved the way for the formal declaration of independence on 24 May 1993 (Pausewang and Suhrke
1993; Tronvoll 1996). Just prior to the declaration of independence, the Central Committee of the EPLF
discussed the formation of the first government of independent Eritrea, and decided to establish a
four-year transitional government with the authority to run the country.23
The multiple politico-administrative and legal transitions in Eritrea’s recent history have created a
country with layers of overlapping legal traditions. As no full judicial revision has been carried out,
laws from former regimes are still operative side by side with customary and religious legal traditions.
Generally, however, Eritrea (like Ethiopia) follows in principle a civil law tradition, although some of its
laws reflect a common law influence (see below for elaboration). For instance, sections of the civil
procedure incorporate practices from inquisitorial systems, and likewise for its criminal law
procedure.24
LAW IN TRANSITION
At independence Eritrea adopted, with some exceptions, the laws of the ousted Ethiopian regime.25
This was done with the intention of maintaining law and order and avoiding an administrative-legal
vacuum (Gebremedhin 2004: 5). A committee composed of senior liberation fighters was given the
mandate to review the old Ethiopian law regime, in order to adapt the law to the ‘current condition
of the country’ and to make it compatible with the ‘values’ and ‘principles’ of the EPLF (Gebremedhin
2004: 85). Apparently, very few amendments were carried out (focusing mainly on personal law, family
law, law of succession and criminal law), and the only major change was to make the laws gender
neutral by stressing women’s equality. PDF page 25
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26The National Charter of Eritrea, adopted at EPLF’s Third Congress, 1994.
27The new Article 1 of the Transitional Criminal Procedure Code (amended by proclamation no. 5, 1991) emphasises a new
purpose of the law in order to create the necessary breach with the legal regime of the past: ‘The purpose of criminal pro-
cedure is to provide a just and efficient investigation and judgement, to ascertain the proper application of the law, to save
innocent persons from unnecessary criminal investigation or court proceedings, to punish criminals; [and] to cause persons
to comply with the law and fight criminal acts consciously’ (quoted from Gebremedhin 2004: 94-95).
28Proclamation No. 23/1992.
29Proclamation No. 37/1993 (which repealed Proclamation No. 23/1992).
30Proclamation No. 52/1994, Article 4(15) h.
After independence, the EPLF put emphasis on social justice as a concept going beyond mere legal
principles, in order to transcend class and other social barriers in the strongly hierarchical and diverse
Eritrean society. Social justice, as it was theoretically explained by the EPLF, was instrumental in
‘narrowing the gap between the haves and have-nots, ensuring that all people have their fair share of
the national wealth, and can participate in the political, social, and cultural life of the country, creating
balanced development, respecting human rights, and advancing democracy’.26
The basic principles of human rights were not emphasised in the law review; neither were procedures
of due process and models of judicial independence. Apparently the Ethiopian codes were considered
as adequate in this respect. Beyond gender rights, the only human rights concern revised was a
stronger protection of the rights of the accused in criminal cases (Gebremedhin 2004: 91).27 The fact
that the committee entrusted with the task of revising the laws inherited from Ethiopia was composed
solely of EPLF fighters, excluding members of the legal profession and civil society in Eritrea, clearly
restricted the scope and substance of their work. International legal experts were not consulted or
invited to participate in the process at this early stage, as is quite normal in transitional societies. The
EPLF/PFDJ government assumed direct and exclusive control over the schedule and substance of legal
development in independent Eritrea. The incremental legal reforms carried out since independence can
thus be viewed as a response to the economic and political development of the new state, and as
symbolic measures undertaken by a regime which considers ‘law as one of the most important means
for reconstructing the past and projecting a new future’ (Gebremedhin 2004: 6). However, on this basis,
there has been criticism of the lack of clarity of the new state legislation, as it is sometimes not clear
which law pertains to any particular matter (Favali and Pateman 2003: 58) (see below for elaboration).
During the first transitional period (1991–1993; after military liberation but before formal independence),
the Central Committee of the EPLF was the supreme legislative body in Eritrea (Gebremedhin 2004:
135). In 1992, a new proclamation established the structure, power and functions of the Provisional
Government (PGE),28 and outlined a formal division of power between the legislative, the executive,
and the judiciary. However, the proclamation authorised the executive branch of the PGE with law-
making powers as well, and in practice all new legislation was initiated by the President’s Office alone,
or in cooperation with the line ministry concerned (Gebremedhin 2004: 135). During the interim period,
there was apparently no tension between the executive and legislative bodies in relation to law-
making. This was probably because top EPLF/PFDJ officials held dual membership in both sectors of
governance (Iyob 1995: 141).
After formal independence and international sovereignty was achieved in May 1993, a new proclamation
reconfirmed the structure, function, and powers of the government of independent Eritrea and de jure
maintained the division of powers between the three branches of government.29 An amendment was
made in 1994 which reserved the lawmaking powers to the legislative body, the National Assembly,
and abolished the formal legislative powers of the President.30 The proclamation further entrusted the
National Assembly with powers to establish relevant Committees to enact the laws of Eritrea
(Gebremedhin 2004: 136).PDF page 26
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In order to create a new judicial framework for independent Eritrea inspired by EPLF’s nationalistic
ideology – and as a response to domestic and international pressure – a full-scale law reform
programme was launched in 1997. This came as a follow-up to the new, although unimplemented,
Eritrean Constitution which was ratified by the EPLF/PFDJ appointed Constituent Assembly on 23 May
1997 (see below for discussion on the Constitution). Under the law reform programme, inter alia, a
number of new codes were drafted; Penal Code, Criminal Procedure Code, Civil Code, Civil Procedure
Code and Commercial Code (Gebremedhin 2004: 6-7).31 The new draft codes built on the existing
transitional codes inherited from Ethiopia, but were all updated and revised in accordance with
international principles of law (Rosen 2001). Only the draft criminal procedure code, was completely
revised, however, due to human rights concerns which were not reflected in the old Ethiopian criminal
procedure code (Gebremedhin 2004: 119 ff.). Apparently, the other codes were deemed to be adequate
in their protection of human rights standards.
The drafting process of the new codes, creating the potential for a solid legal foundation for the rule
of law in the country, was seemingly a sound and dedicated endeavour (Rosen 2001). However, due
to the EPLF’s monopolisation of political power in the country, the law-making process – no matter
its sound judicial objective – would inevitably be criticised by segments of the population who for
one reason or another feel ostracised from the process. Criticism has in particular been raised by
the banned and exiled political opposition. More important, though, is the fact that the laws under
consideration are not even formally adopted;32 their effect in Eritrea is thus null and void. Furthermore,
some laws which the National Assembly has enacted seem to undermine or restrict rights and liberties
enshrined in the Eritrean Constitution and in international instruments ratified by the country.33
Frustrating any overview or analysis of effective Eritrean laws is the fact that even the validity of the
transitional codes, as well as other proclamations issued by the transitional government, technically
ceased with the ratification of the Constitution in May 1997, as this marked the end of the
government’s transition period. Since then, the Eritrean judicial system has been in a de jure legal
limbo, since the Constitution is not yet in force (Favali and Pateman 2003: 58).34 Thus, in practice,
law-making in Eritrea today is not a formal and technical legislative process evolving in accordance
with established and transparent procedures. The President, in the name of the government, issues
most of the laws, more or less by personal decree. The National Assembly, which is formally vested
with sole legislative powers, does not, according to Yohannes Gebremedhin, ‘even have the luxury of
“rubberstamping”’ new laws (2004: 136). Thus, both the formal law-making process and – as we shall
see below – the implementation and protection of the laws, are arbitrary and inconsistently applied.
Paradoxically, the post-independence history of the legal system in Eritrea appears to stand in sharp
contrast to the political history of the period; as the legal system – close to two decades after
liberation – remains principally grounded on legal traditions inherited from Ethiopia (Gebremedhin
2004: 77-78).
31The new codes were initially drafted by foreign legal experts and subsequently revised by local law committees appointed
by the government (Rosen 2001; Gebremedhin 2004).
32As, to my knowledge, none of these draft codes have been formally adopted, the transitional codes (modified Ethiopian
law) still apply in Eritrea.
33According to Amnesty International, these include laws governing religion (adopted in 1994) and the Press Law (of 1996).
In addition, there have been regulations promulgated on the registration of religions (March 2002) and censorship of
publications, performances and artistic representations by a Censorship Committee (2003), which both apparently are in
contradiction with the Constitution (AI 2004).
34Usually, a ‘ratified’ constitution means that it is operative; if not, a specific procedure of enactment is stated in its
preamble or ratifying act. The Eritrean government has stated that the Constitution will be operational after the first general
elections to the National Assembly. I am not cognisant of the legal basis for this clause PDF page 27
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DOMESTIC SOURCES OF LAW
Based on its peculiar politico-historical development, legal pluralism prevails in Eritrea in the sense
that there exist several socio-political bodies which produce laws or represent legal authority. The
formal state authorities, ethnic groups, religious groups, and international society all influence one
way or another the formal legal regime in the country (Favali and Pateman 2003: 2). It is important
to note, however, that this is basically a theoretical discussion aloof from the ‘practice of law’, which
totally disregards the written or theoretical legal regime (as the next chapter will illustrate).
The official sources of law can formally be ranked in accordance with their stature.35 The Eritrean
Constitution ratified in 1997, but awaiting implementation, theoretically rests at the top of the
hierarchy of Eritrean laws (see below, on the Constitution). The modified transitional codes inherited
from Ethiopia together with new proclamations compiled by the National Assembly and signed by the
government/President are next in the hierarchy. Thereafter follow legal notices issued by line ministries
by powers delegated under the proclamations. Both proclamations and legal notices formally enter
into force from the day of their publication in the official gazette, Gazeta Awagiat Eritra.36 By 2002,
some 110 proclamations and some 46 regulations (legal notices) had been enacted in independent
Eritrea (Favali and Pateman 2003: 57-58).
At the bottom of the law hierarchy sit administrative acts, directives and regulations issued by
ministries and other public authorities. Of particular importance are regulations and directives issued
by military authorities in the country, as the prominence of the army and security forces are increasing
as a consequence of the profound militarisation of Eritrean society. However, since the President
functions as the premier de facto law-making body in the country, official statements issued by his
office are likely to overrule all other legislation. Additionally, the President’s personal and informal
intervention and statements regarding principles of law may also carry more weight than formally-
adopted proclamations.37 This overview of the sources of law in the country is thus more of a
theoretical abstraction than an empirical reality.
Customary law
Beyond the official sources of law, both customary38 and religious law play an important part in
contemporary Eritrean society. Although customary or traditional law is not in itself recognised as an
official source of law in Eritrea, it nevertheless plays an important complementary role in the formal
legal system through incorporation (see below). Furthermore, in the highly traditional and
predominantly rural Eritrean society, customary law enjoys great importance in the everyday life of
villagers ( Tronvoll 1998a; Favali and Pateman 2003). There are multiple sources of customary law
in Eritrea, both written and oral, with variations along ethnic, clan and regional lines, anchored both
in cultural and religious rationalities (for a schematic overview, see Favali and Pateman 2003: 20-38;
Keika and Asmerom n.d.).
Tigrinya-speaking Eritreans usually refer to their customary laws as the ‘law of the forefather/ancestral
home’ (heggi endabba). The laws are generally developed through a consensus-oriented process,
where male inhabitants of an area agree to a certain set of procedures and rules to regulate their
legal relations, such as; marriage or vengeance, access to land, and property rights over houses and
livestock. As such, the process is hardly ‘democratic’ as it excludes women, newcomers to the area,
35This ‘ranking’ is adapted from US Library of Congress: ‘Introduction to Eritrea’s Legal System’, at: http://loc.gov/law//help/
eritrea.html, accessed 12 November 2008.
36Gazeta Awagiat Eritra superseded the Ethiopian Negarit Gazeta in 1991 (proclamation no. 9/1991).
37Reportedly, President Isaias Afwerki has on several occasions intervened in court proceedings in favour of the accused in
cases involving veterans of the war of independence or individuals close to the EPLF ‘culture’.
38In the meaning of traditional ‘cultural’ codes and norms. PDF page 28
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39Interview with President Isaias Afwerki published in the government daily, Eritrea Profile, 7 March 1998, p. 3.
40Cf. US Library of Congress: ‘Introduction to Eritrea’s Legal System’, at: http://loc.gov/law//help/eritrea.html, accessed 12
November 2008.
41The Catholic and Protestant Churches are also represented in the highlands, as well as new evangelical churches (Pentecos-
tal). A small group of Tigrinya-speakers are Muslims (the Jeberti).
42Ge’ez is an ancient Ethiopian language (Semitic) which is still used as the liturgical language of the Orthodox Church.
43The Fetha Negest was formally incorporated into the legal system of Ethiopia in 1908 by Emperor Menelik II, and the crimi-
nal provisions of the law were applied in Ethiopia until they were replaced by the 1930 Penal Code (Jembere 1998). In order
to make proper deference to this historical legacy, Emperor Haile-Selassie referred to the Fetha Negast in the Penal Code,
‘in order to avoid the accusation that he wanted to change, through codification, established religious and traditional rules’
(Favali and Pateman 2003).
and certain despised groups (such as smiths and tanners), but nevertheless reflects and represents a
broadly popular demotic consent.
The lack of uniformity of customary law in Eritrea makes the blanket application of customary law
impossible. Due to a shortage of professional legal experts in the country, however, President Isaias
Afwerki early on encouraged the use of customary law in order to ease the pressure on the formal
judiciary by ‘introducing the practice of solving legal cases out of court through the intervention of
village elders, families or relatives’.39 Reportedly, customary law maintains an important role in relation
to the formal legal system through informal incorporation in new legislation. For instance, while the
age of maturity according to the Civil Code is 18 years of age, the code also recognises marriages from
the age of 15 in recognition of Eritrean customary marriage practices. Furthermore, the establishment
of Community Courts in 2001 with the mandate to apply customary law as a supplement to other laws
is further testimony to the importance of customary law in Eritrea.40 The establishment of the
Community Courts may also be seen as a consequence of the political crack-down in the aftermath
of the Ethiopian war (see chapter 4), as new formal legislation has been put on hold and the
government seems ‘resigned and willing to allow more space for other legal actors to manoeuvre’
(Favali and Pateman 2003: 8). In other words, the majority of Eritrean trained lawyers have fled the
country, are serving in the armed forces, or languishing in detention; consequently the formal judicial
system is severely understaffed.
Religious law
Eritrean society is also deeply religious, and Christianity, Islam and traditional beliefs have co-existed
for centuries. Religious institutions are also important in producing and overseeing law which regulates
individual as well as collective behaviour. The Orthodox (Coptic) Church in Eritrea has a prominent role
in the highland villagers’ life, as this is the predominant faith of the Tigrinya speakers.41 Traditionally,
the Orthodox Christian society of Eritrea (and Ethiopia) was guided by the Fewuse Menfessawi
(‘Canonical Penance’) and later Fetha Negest, the ‘Law of the King’ (Jembere 1998: 183-190). These
laws were compiled during the reign of Emperor Zära Yaeqob (1434–1468 CE) in order to bridge the
many customary law regimes existing in his realm. The Emperor thus ordered the Ethiopian Orthodox
Church to compile an authoritative written law (the ‘Canonical Penance’), whose major sources were
religious precepts advanced by the Church (Jembere 1998: 183-84). The Emperor was not satisfied with
the limited scope of the basically spiritual code, as it did not deal with the prevalent legal issues. A
new code was thus suggested, the ‘Law of Kings’ used by the Coptic Church of Alexandria, which was
translated from Arabic to Ge’ez.42 The origin of this code is disputed (Jembere 1998: 185-189), however
some claim that it was originally compiled by an Egyptian scholar in the mid thirteenth century, based
on more ancient texts of Syrian/Roman origin (Favali and Pateman 2003: 33). It is plausible that the
Fetha Negest has had an influence on the development of customary law in the Orthodox society in
Eritrea, although in practical use its value was meagre. More than a legal code for everyday life, some
argue that it was a quasi-religious text used to give legitimacy to the authority of the state and the
emperor (Favali and Pateman 2003: 33).43 PDF page 29
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Nevertheless, the clergy of the Orthodox Church wield an important influence in village affairs in
modern Eritrea, as they are held in high esteem due to their holy work. The village priests may also
impose penalties on villagers who violate the law of the Church, as for instance, ploughing the fields
on religious non-working days.44 This penalty may be in the form of a fee to the Church, in kind (i.e.,
grain) or in money, or that the violator has to offer a specific number of prayers in the Church.
Beyond the village priest, it is also believed that God may punish any villager who disobeys his law,
by destroying the harvest by ‘hailstorms, locusts, army worms or things like that’, as it was explained
by a villager (Tronvoll 1998a: 169).
The Muslim groups in Eritrea also follow Shari’a law. Shari’a law is recognised in Muslim areas of the
country to regulate certain civil and family law matters, which are enforced through separate Shari’a
chambers in the civil court system.45 Eritrean Muslims are Sunnis and overwhelmingly Sufis.
Three out of the four Sunni schools are present in the country.46 Shari’a law has also been influenced
by customary law and traditions, and the adherence to the religious law varies considerably between
the Eritrean groups. The Afar and Kunama, for example, allegedly have a slightly more esoteric
perception of Islamic culture, influencing their interpretation of Quranic precepts such as fasting (Favali
and Pateman 2003: 35). With the growth of salafism and political Islam in the Horn of Africa,
it seems likely that Shari’a law will increase its importance among Eritrean Islamic communities
(Østebø 2008).47
Finally, among some of the Eritrean ethnic groups, there are individuals believed to be endowed with
special powers to communicate with the spirit worlds (shaman cults), or who possess some other
specific quality which makes them ritual leaders. These individuals may prescribe rules that influence
or regulate social behaviour, like, for instance, the traditional peacemakers among the Kunama group,
the Sanga-Na’ne (see chapter 8). Traditional beliefs may thus also be sources of law and authority in
the local community.
The judicial development in independent Eritrea seems to embody both political and legal contradic-
tions. Apparently, legal pluralism is used deliberately to diffuse and dilute a coherent system of law
which might effectively be used to establish a sound juridical foundation for legal accountability and
proper mechanisms and procedures of the rule of law. In effect legal pluralism has been used as a tool
for political containment by the regime, which is itself the worst violator of the country’s laws.
44The Orthodox Church prescribes that saints’ days should be revered as non-working days. There may be as many as three
or four saints’ days per week (for an overview of the Orthodox religious calendar and its implications on the peasantry, see
Tronvoll 1998: 166-169).
45Cf. US Library of Congress: ‘Introduction to Eritrea’s Legal System’, at: http://loc.gov/law//help/eritrea.html, accessed 12
November 2008.
46The Maleki school is the largest (65 per cent), followed by Hanafi (26 per cent) and Shafi’i (9 per cent) (Favali and Pateman
2003: 34-35).
47Some Eritrean opposition movements are allegedly fighting for an Islamic state in Eritrea. However, their overall importance,
and politico-military capacity, seems rather limited (Connell 2005). If President Isaias Afwerki remains in power, political
Islam may be used as a mobilising factor against him.PDF page 30
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48The Constituent Assembly, composed of 550 members, consisted of the EPLF/PFDJ-appointed interim National Assembly
(parliament), members of the six Regional Assemblies and 75 diaspora representatives (Article 2, ‘Constituent Assembly
Proclamation’, No. 92/1996, Gazette of Eritrean Laws, Vol. 6, No. 8, 27 December 1996).
49‘The World’s 10 Worst Dictators’, Parade Magazine, 22 March 2009, at: http://www.parade.com/dictators/2009/the-worlds-10-
worst-dictators.html?index=8, accessed 25 March 2009.
50Pursuant to the ‘Constitutional Commission (Establishment) Proclamation’, No. 5/1994. Gazette of Eritrean Laws, No. 4/1994.
51For Bereket Habte Selassie’s own account of the constitution-making process, see Selassie (1998).
52See, for instance, the speech by President Isaias Afwerki on the launching of the work of the Constitutional Commission,
reproduced in full in the government daily, Eritrea Profile (1994) vol. 1, no. 6, ,pp. 2 and 7. Eritrea Profile carried a number
of articles on the constitution-making process between 1994 and 1996; see, for instance, a Q&A article titled, ‘Constitution-
making: A people’s project’, in the issue of 4 November 1995, p. 3; and an interview with Zemhret Yohannes, ‘A constitution
from the people to the people’, in the issue of 26 October 1996, p. 2.
53Some Eritrean scholars characterise the constitution-making process as ‘undemocratic’, since the organised political
THE MAKING OF THE ERITREAN CONSTITUTION
The Constitution of the independent Eritrea was ratified on 23 May 1997 by the Constituent Assembly.48
In principle, and as is conventional, it is thus a legally binding document, since the Constitution does
not incorporate any specific date on which it should come into effect, nor is any specific procedure
outlined in its preamble for its proper implementation. However, government officials have explained
that the Constitution will come into effect once new elections for the National Assembly are conducted
(Connell 2007). Initially scheduled for 1998, the elections have been repeatedly delayed by the
Government, first due to the outbreak of the new war and then subsequently due to the post-war
dissent process (see chapters 3 and 4 for elaboration). President Isaias Afwerki announced in May
2008 that elections would be postponed for ‘three or four decades’ or longer because they ‘polarise
society’ (see chapters 3 and 4).49 The apparent formal implementation of the Eritrean Constitution is
thus a distant event.
The constitution-drafting process aroused public debate, but the ratification event was not celebrated
or publicised, and was carried out more or less unnoticed by Eritreans and foreigners alike.
Considering the fact that the Constitution – more than a decade after its ratification – is not yet
implemented, the lack of festivities surrounding its ratification was warranted.
A commission mandated to produce a draft constitution was established in 1994, composed of 50
individuals handpicked by the EPLF and supposedly ‘representing a wide spectrum of the society,
ethnically and politically’ (Connell 1997: 140).50 It was headed by Dr Bereket Habte Selassie, a
respected legal scholar residing in the US, with a background as the former Attorney-General of
Ethiopia, who turned EPLF member in the early 1970s.51 Equally important was the secretary to the
commission, Zemhret Yohannes, an obdurate senior EPLF cadre.
The constitution-making process was seen as an integral part of the overall process of nation-building
in the incipient country (Yohannes 1996).52 A broad-based civic consultation process was carried out,
where constitutional commission members visited villages throughout Eritrea, and Eritrean
communities in diaspora, to present and discuss key principles of the new Constitution: the separa-
tion of powers; the type of government; the role of the military and political parties; and how human
rights should be protected and enforced (Connell 1997: 140). Seminars were further conducted with key
stakeholders and constituencies, and the first draft was presented for public consumption in 1996.
Apparently, the process leading up to the draft constitution was carried out in an open and inclusive
manner, despite the fact that the organised, and exiled, political opposition was denied representation
in the process (Rosen 1999). The absence of a free press and organised opposition in the country,
however, ‘limited popular influence in shaping the content of the constitution’ (Mengisteab and
Yohannes 2005: 139).53 Many of the suggestions and important revisions recommended by the public
and commission members were reportedly not reflected in the final draft version (Hedru 2003: 436). PDF page 31
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opposition was banned from participating, and on that ground they dismiss the legitimacy of the Constitution altogether
(Medhanie 2008).
54Interviews by the author with Taha Mohammed Nur, Constitutional Commission member in Asmara, October 1996. Taha
Mohammed Nur was arrested by the government in November 2005, without any formal charges being made. He died in
prison in early 2008 (see www.awate.com, 16 February 2008).
55This clause was used by the government in its communication with the UN Working Group on Arbitrary Detention and the
African Commission on Human and Peoples’ Rights as a justification for detaining top-level government officials and
journalists in the 2001 crack-down. See chapter 4.
Apparently, the secretary to the commission personally oversaw that the final version was in line with
the interests and ideology of the EPLF/PFDJ, and hence it did not necessarily reflect the opinions and
interests advanced by the Eritrean public during the process.54 Criticism has thus been made of the
constitution-making process on the basis that it was ‘designed to legitimise the exclusive role of the
EPLF’ in drafting a constitution fitting for its future role in Eritrea (Medhanie 1994: 65; Hedru 2003:
436).
Human Rights in the Constitution
The Eritrean Constitution does not explicitly make reference to the Universal Declaration of Human
Rights, the Charter of the United Nations or the African Union’s Charter. Neither does it incorporate any
international human rights instruments. Its preamble, however, states:
Convinced that the establishment of a democratic order, through the participation of and
in response to the needs and interests of citizens, which guarantees the recognition and
protection of the rights of citizens, human dignity, equality, balanced development and the
satisfaction of the material and spiritual needs of citizens, is the foundation of economic
growth, social harmony and progress. (Emphasis added.)
In Chapter 3 of the Constitution, titled ‘Fundamental Rights, Freedoms and Duties’, explicit and
prominent references are made to protection of fundamental human rights and freedoms and the rule
of law. These human rights articles must be considered to be in force (as they also form part of
international customary law) and are thus not dependent on the institution-building and
democratisation measures not yet implemented, although the latter could be expected to provide
fuller protection of human rights (AI 2004: 35).
Potentially curbing these articulated rights, however, and the main weaknesses of the Constitution,
is the strong executive powers given to the President (Arts. 42, 43, 46, 47, as well as Art. 27, the
emergency clause). The executive power is constitutionally enshrined, seemingly without developing
correspondingly proper institutions of checks-and-balances (Medhanie 2008). Furthermore, explicit
constitutional limitations upon ‘fundamental rights and freedoms’ in cases of ‘the interests of national
security, public safety or the economic well-being of the country, health and morals, for the prevention
of public disorder or crime or for the protection of the rights and freedoms of others’ (Art. 26.1), may
in effect constitute a clear breach of international standards.55
Constitutional rights related to rule of law
The fundamental right to life and liberty (Art. 15), as well as human dignity (Art. 16), are guaranteed as
constitutional safeguards against torture or other inhumane treatment or punishment (Art. 16.2). Article
16.3 also prohibits slavery and forced labour. Likewise the right to privacy is protected (Art. 18.1) and
‘no person shall be subjected to unlawful search’ (Art. 18.2).
Important safeguards against arbitrary detention are provided, such as that no person shall ‘be
deprived of liberty without due process of law’ (Art. 15.2) or ‘be arrested or detained save pursuant to PDF page 32
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56The Eritrean penal code also places a limit of 28 days within which an arrested person brought to court should be charged
or released, although this is not adhered to in practice (AI 2004: 35).
57At a more detailed level, however, Amnesty International points out that the Constitution is deficient in not clearly
specifying the right to legal defence representation and that the right of appeal should be to a higher court of law (AI 2004)
. However, this point may be said to be subsumed under the guarantee of ‘due process of law’.
58I.e., Ethiopia must give Eritrea the control of Badme village and other territories granted to Eritrea by the Eritrean-Ethiopian
Boundary Commission. On the border war and subsequent peace agreement, see Negash and Tronvoll (2000); Nystuen and
Tronvoll (2008).
due process of law’ (Art. 17.1). If detained, the detainee ‘shall be brought before a court of law within
48 hours of his arrest [...] and no such person shall be held in custody beyond such period without
the authority of the court’ (Art. 17.4).56 Furthermore, both habeas corpus and the entitlement to a ‘fair
and public trial by a court of law’ is guaranteed (Art. 17.6), with the presumption of innocence (Art.
17.7) and the right of appeal (Art. 17.8).57
If any Eritrean feels that his/her rights are violated, the Constitution guarantees that their complaint
shall be ‘heard respectfully’ and that they should ‘receive appropriate and quick answers’ from the
relevant authority (Art. 24.1). If one’s rights or interests are interfered with or threatened, one has the
right to seek due administrative redress (Art. 24.2).
Constitutional rights related to democracy
Article 19 of the Constitution is titled ‘Freedom of Conscience, Religion, Expression of Opinion,
Movement, Assembly and Organisation’, and guarantees all basic freedoms necessary for an open
society and a functioning democracy. Every person’s right to freedom of thought, conscience and
belief (Art. 19.1) is articulated, as well as the freedom to practise any religion (Art. 19.4). Freedom of
expression and of the media is guaranteed (Art. 19.2). All persons also have the right to assemble and
demonstrate peacefully (Art. 19.5), as well as to form political, social, economic and cultural
organisations (Art. 19.6). Furthermore, any citizen fulfilling the requirements of the electoral law has
the right to vote and to stand for election if they so wish (Art. 20).
Why a non-implemented Constitution?
Despite its ratification in May 1997, over ten years later, the Eritrean Constitution has not yet been
implemented. Furthermore, the institutions required to give the Constitution full effect are not yet
established either. Various reasons may be cited to explain why the Eritrean government and its
President have denied the citizens enjoyment of the realisation of the rights enshrined in the dormant
Constitution. The US-based Eritrean scholars Kidane Mengisteab and Okbazghi Yohannes suggest four
main reasons (Mengisteab and Yohannes 2005: 151-159). First, and the reason usually offered by the
regime, is that the implementation of the Constitution and all other politically liberalising policies must
await the final settlement of the border conflict with Ethiopia,58 since the current state of affairs is too
fragile and threatening for Eritrea’s sovereignty. Secondly, the problems of internal stability caused by
the post-war dissent process and the call for democratic reforms by EPLF/PFDJ dissenters (the so-called
G-15) and others (see chapter 4), have forced the authorities to disregard constitutional principles
in order to reconsolidate their power. Thirdly, the displacement of a large number of people by the
war, and the massive destruction of infrastructure, in combination with looming drought and famine,
has pushed the government to take drastic measures in order to concentrate first and foremost on
providing basic services to the population. Fourthly and finally, the decision by the National Assembly
in its fourteenth session to shelve the draft party and election laws condoned the suspension of the
Constitution. The excuse given by the government for this action was that the ‘overwhelming majority
of Eritreans did not support the formation of political parties at the time’, and that the country was
not yet ready for democracy (Mengisteab and Yohannes 2005: 156) (see chapter 3). PDF page 33
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Presidential advisor and top-ranking cadre, Yemane Gebhreab, elaborates on these issues in a recent
interview:
The war created obstacles and in some aspects did not enable us to move at the pace we would have
wanted to move. Now there is relative peace and even in the last two years there has been a lot of
progress in terms of elections for local government. This time round there will be elections for regional
assemblies etc. So wherever there is an opportunity, the government embarks on this process. But at the
end of the day, survival is paramount. It all depends on whether we’ll be allowed to live in peace or not.
And if we have to postpone certain issues, then they will be postponed. This is not like baking a cake,
it’s nation building and what do we care whether something happens today or next year as long as
the process is right. […] Frankly our preoccupation now is whether we will have peace or war. That is
paramount. You cannot see these issues in isolation. The way the country reorganises itself in times of
hostility is different to when there is normality. The situation now is mixed. The clouds of war are still
hanging over us. It’s a question of priorities for a young nation.59
Caution is due when speculating on the true motives behind the Eritrean government’s suspension of
its own Constitution, however, the reasons offered in various interviews by President Isaias Afwerki
and his closest accomplices do not come forward as convincing. Kidane Mengisteab and Okbazghi
Yohannes’ explanations seem more plausible in that respect, as they point to the internal nature of
the Front’s leadership and its political culture, nourished through decades of war, as the direct cause
for the development of totalitarianism in the country (Mengisteab and Yohannes 2005: 157)
(see chapter 3).
The widespread political crack-down in the autumn of 2001 and subsequent decisions by the regime
suspended all legislative and political processes leading to the realisation of the rights enshrined in
the Constitution and additional international human rights instruments ratified by the Eritrean
government. The two sections below, on constitutional rights and the international human rights
obligations of Eritrea, are thus a mere theoretical exercise in order to present the formal judicial
context of human rights in the country, and should not be read as reflecting empirical reality.
ERITREA’S INTERNATIONAL HUMAN RIGHTS OBLIGATIONS
Beyond the Constitution, Eritrea is obliged to comply with a number of key international conventions
it has ratified protecting the rule of law; most notably the International Covenant of Civil and Political
Rights (ICCPR, acceded 23 January 2002), and the regional African Union instrument, the African
Charter on Human and Peoples’ Rights (ratified in 1999). However, other conventions of importance to
the rule of law have not yet been ratified by Eritrea, including the UN Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (1984).60 The Eritrean government, which
after independence did not show any great eagerness to ratify international human rights instruments,
apparently changed its strategy as a consequence of the new war with Ethiopia (1998–2000), and
started to accede to international instruments as part of the propaganda war against Ethiopia.61 Such
a blatantly pragmatic approach to acceding to international human rights instruments will, of course,
59IRIN News: ‘ERITREA: Interview with Yemane Gebremeskel, Director of the President’s Office’ Asmara, 1 April 2004, at:
http://www.irinnews.org/Report.aspx?ReportId=49359, accessed 6 January 2009.
60Neither has it acceded to the Convention’s optional protocol, the two optional protocols to the International Covenant on
Civil and Political Rights, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against
Women, or the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families.
61The Ethiopians tried to undermine Eritrea’s legitimacy and political posture during the war by claiming that Eritrea was
‘undemocratic’ and ‘denied human rights’, as opposed to themselves who had implemented a democratic constitution and
ratified all major human rights instruments. To counter these accusations, the Eritrean government rapidly acceded to various
international conventions, portraying itself as a ‘law-abiding’ member of international society. See Tronvoll (2009b) for an
elaboration on the Ethiopian discourse. PDF page 34
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62Eritrea has only submitted two state party reports to the UN treaty system: under the Conventions on the Elimination of All
Forms of Discrimination Against Women (reported in 2004) and the Convention of the Rights of the Child (reported in 2007).
63See http://www.achpr.org/english/_info/statereport_considered_en.html, accessed 1 December 2008.
64See: A/HRC/7/10/Add.1, 2008; A/HRC/4/33/Add.1, 2007; A/HRC/4/21/Add.1, 2007; E/CN.4/2006/55/Add.1; E/CN.4/2005/60/Add.1;
E/CN.4/2006/5/Add.1; E/CN.4/2006/95/Add.1; E/CN.4/2006/6/Add.1.
65See: A/HRC/7/10/Add.1, 2008; A/HRC/4/27/Add.1, 2007; A/HRC/4/21/Add.1, 2007; E/CN.4/2006/55/Add.1; E/CN.4/2005/60/Add.1;
E/CN.4/2006/5/Add.1; E/CN.4/2006/95/Add.1;
66See: A/HRC/4/41, 2007; E/CN.4/2006/56; E/CN.4/2000/64.
67African Commission on Human and Peoples’ Rights, Communication 275/2002 – Liesbeth Zegveld and Mussie Ephrem v
Eritrea; and Communication 275/2003 – Article 19 v The State of Eritrea (EX.CL/364 (XI)).
68ACHPR/Res.91(XXXVIII)05: ‘Resolution on the human rights situation in Eritrea’, Banjul, 5 December 2005.
69Videotaped interview with Commissioner Bahame Tom Nyanduga, special rapporteur on Eritrea in the African Commission
on Human and Peoples’ Rights (Dar es Salaam, 6 August 2008, conducted by Anna Little).
influence the government’s interest and willingness to comply with the obligations enshrined in the
very same conventions. In this respect, Amnesty International observes that ‘international and regional
human rights treaty safeguards seem to mean nothing in Eritrea’, as they are routinely ignored or
contravened (AI 2004: 36). Eritrea was represented for several years in the UN Commission on
Human Rights (until 2006). However, with regard to its treaty obligations, Eritrea has only selectively
submitted its state party reports under those UN conventions deemed not ‘threatening’ to its political
order.62 The state party report under the ICCPR was due in 2003, but no action had yet been taken as
this was written in the beginning of 2009. Neither has Eritrea submitted any state party reports to the
African Commission on Human and Peoples’ Rights, as it is obliged to do.63
Formal complaints and/or communications on human rights violations pertaining to the rule of law
in Eritrea have been made on several occasions to various international and regional human rights
mechanisms. For instance, the UN treaty body system has dealt with several complaints against Eritrea
within the field of torture,64 arbitrary detention,65 and enforced or involuntary disappearances.66 Also,
the African Commission on Human and Peoples’ Rights has issued critical decisions (‘communications’)
against Eritrea on violations of arbitrary arrest and detention and lack of fair trial (see chapter 4).67
Furthermore, in 2005, the African Commission issued a separate resolution condemning the human
rights situation in Eritrea and calling for the country to ‘guarantee, at all times, the right to a fair trial,
freedom of opinion and expression as well as the right to peaceful assembly’ and the release of
political prisoners in the country.68 As a party to the AU Charter, Eritrea is obliged to receive fact-finding
missions from the African Commission on Human and Peoples’ Rights, is investigating accusations
and claims of human rights violations in the country. Eritrea has, however, repeatedly barred the
Commission access to the country, and as of yet – despite several requests – no fact-finding mission
has been undertaken.69
FINAL REMARKS: LAW IN THEORY AND PRACTICE
Judicial development in independent Eritrea gives mixed signals on how to interpret and understand
the interests and genuine will of the Eritrean government. The constitution- making process was in
general participatory and various constitutional issues were debated throughout Eritrea. The end
result, however, seems to be a constitution tailor-made for the EPLF which vests strong executive
powers in the President, and has weak institutions of checks-and-balances. The human rights
components in the Constitution are adequate, but leave room for local interpretation. During certain
phases, the government has seemed interested in establishing a proper judicial framework, like during
the law revision programme carried out in the 1990s, and drawing on a number of foreign experts;
however at other times opportunistic tendencies undermine an accountable and transparent process
of law making. Moreover, the ratification of several international human rights instruments – as part
of the propaganda war against Ethiopia – gives evidence of the pragmatic and opportunistic approach
the authorities have to law and its implications. PDF page 35
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Despite the existence in general of a theoretically adequate judicial framework in Eritrea, the value of
the Constitution and supporting laws are null and void as long as the authorities do not implement
them or enforce them in practice. As this study illustrates, the blatant disregard for the legal regime
the government itself has developed illustrates the moral, political and legal demise of the once
popular liberation front.
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2
Rights are not things that are given or denied at will.
We all should understand that rights are earned through struggle.
Ms. Fawzia Hashim,70
Minister of Justice, Eritrean Government
You have no right to ask!
EPLF security officer,
responding to a group of mothers asking about the unlawful
detention of their children (AI 2004)
INTRODUCTION
The young Eritrean nation was established in 1991 with one great drawback: its freedom was secured
from a dictatorship by a Marxist-Leninist-inspired liberation movement which was devoid of democratic
experience and which abhorred dissent and divergent opinions. The political culture in the country at
the time of independence was thus moulded by decades of war and driven by a government whose
policies were anchored in ideological doctrines lacking regard for human rights. Consequently, as is
illuminatingly described by an exiled Eritrean academic:
70From the official website of the Government party PFDJ, www.shabeia.org: ‘Public Dialogue: Human Rights in Eritrea’,
posted 6 June 2006 at:
http://www.shaebia.org/cgi-bin/artman/exec/view.cgi?archive=14&num=4553, accessed 5 November 2008.
RULE OF LAW (LESSNESS)
IN ERITREA:
SPECIAL COURTS AND THE jUDICIARyPDF page 37
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71Aspects of ethnicity and religion also influenced the ‘ranking’ of citizens in the post-independence period (see chapters 6,
7, and 8).
72See the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms, UN General Assembly, A/RES/53/144, 8 March 1999.
73Cf. UN Commission on Human Rights, E/CN.4/2005/61/Add.1, 15 March 2005, Sixty-first session, Agenda item 11(e).
Eritreans became prisoners of the warrior culture that brought them independence. By the
end of the first decade of independence, values such as dialogue, compromise and
consensus needed to build a democratic society came to be regarded as symbols of
weakness, even treason. (Hedru 2003: 436).
In order to understand how the contemporary rule of law(lessness) in Eritrea developed, one needs
thus to understand how the Eritrean People’s Liberation Front (EPLF) handled such matters during
their long struggle to liberate Eritrea from Ethiopian rule. For instance, it is plausible to argue,
as Gaim Kibreab elaborates in his voluminous book, that the ‘seeds of dictatorship’ in Eritrea were
sown already at the incipient stage of the EPLF in 1973 when an internal dissent movement (called
Menqaé) was brutally crushed. This paved the way for the current leadership of Isaias Afwerki of the
EPLF, which subsequently ‘adopted violence and arbitrary detention without due process as major
means of dealing with internal dissent’ (Kibreab 2008: 277).
A war of liberation is not won by democratic means and open deliberation of politico-military
strategies, but through stern leadership willing to sacrifice its own supporters, and annihilate
opponents of all kinds. The EPLF leadership under Isaias Afwerki embodied such characteristics,
as internal dissent was ruthlessly crushed. No initiative or process was allowed to operate
autonomous of the Front; the leadership centralised all power at the top of the organisation.
The security apparatus constantly surveyed individuals or groups questioning decisions by the
leadership and brutally eliminated perceived opponents both internal and external to the Front
(Kibreab 2008: 277-291). When such operational rigorousness in pursuing political goals is matched
with pragmatic and opportunistic qualities in relation to legal principles – and anchored in a society
with a politico-historical tradition of authoritarianism and inequality – the resulting process of
developing the rule of law in independent Eritrea was side-tracked at its start.
When EPLF took power in May 1991, the same perceptions and negative attitudes towards political
pluralism, transparency and human rights held by the leadership, moved into the government offices.
Although some alternative voices were heard, they did not manage to swat or modify the ingrained
political culture wielded by President Isaias Afwerki and his loyal supporters. The informal legal culture
of the EPLF defined ‘rights’ and ‘duties’ differently in relation to an individual’s status (the main
distinction being between fighters and civilians) (Gebremedhin 2004: 103).71 ‘Rule of law’ was thus
understood as defined by the EPLF and in relation to the so-called peculiar history of the Eritrean
struggle; and not in accordance with universal principles and international human rights standards. In
the view of UN,72 on the other hand, a country’s national legislation constitutes the legal framework
both for the realisation and enjoyment of human rights and for the activities of the promotion and
protection of human right. The duty-bearer in relation to respecting, promoting, and protecting human
rights is the state. Individuals, groups and institutions of civil society all have a role to play in
protecting and implementing human rights,73 but the main responsibility rests with the government
in power.
A lenient and perhaps naïve international society, content with the ‘final’ end of the troublesome
Eritrean issue in international politics, applauded the stern principles of self- reliance and nationalism
expressed by EPLF at independence, as it marked the dawn of a ‘new generation’ of African PDF page 38
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leadership74 hitherto considered to be donor-driven and corrupt. Hence, since the international
community applauded the EPLF’s ‘model of development’, no checks and balances on the omnipresent
power of the top EPLF leadership existed. It was thus allowed to evolve into the current state of affairs
– a one-man dictatorship antithetic to the rule of law. In Freedom House’s index of the category of
‘Rule of Law’, Eritrea receives an extremely weak score of 0.71, out of a possible best performance
score of 7.00!75
This chapter will assess the workings of the judiciary in Eritrea, and critically present the administration
of the civil, military and special courts.
THE ERITREAN JUDICIARY
The Eritrean Constitution (Article 48) and laws declare the Eritrean judiciary (Ferdawi Akal) independent
from both the parliament (National Assembly) and the government.76 In principle, the judiciary is
mandated with ‘protecting the rights (mesel’at), interests (rebha’tat), and freedoms (natznet’at) of the
government, organizations, associations and individuals’ (Iyob 1995: 141). However, in its 2009 World
Report, Human Rights Watch states that the Eritrean ‘judiciary exists only as an instrument of control’
(HRW 2009: 66), and Amnesty International reported in 2008 that ‘there was no recognizable rule of
law or justice system, civilian or military’ in the country (AI 2008b).
International human rights reports on Eritrea all conclude that the judiciary is weak and subject to
executive control (AI 2004; Connell 2007; AI 2008b; USSD 2008a; HRW 2009). Judicial corruption is
widespread, and the EPLF ‘fighter-culture’ influences the outcome of court cases, as many of the
judges are veteran fighters (USSD 2008a). Obscuring the role of the judiciary in Eritrea further is the
fact that the President’s Office often serves as a clearinghouse for citizens’ court petitions, where the
Persident personally interferes in the court’s jurisdiction, passing decisions based on personal favours
or in accordance with EPLF ‘fighter culture’ and not the letter of the law (USSD 2008a).
THE COURT SYSTEM IN ERITREA
In principle, Eritrea has three types of courts, although their separate jurisdiction may at times be
blurred; civil (three levels, including community and shari’a courts), military (two levels), and the
special court. Furthermore, there are indications that there exists a parallel secret system of extra-
judicial sentencing of political prisoners that is not anchored in any laws or presidential decrees (AI
2004: 38).
74Isaias Afwerki of Eritrea, Meles Zenawi of Ethiopia, Yoweri Museveni of Uganda and Paul Kagame of Rwanda all came to
power through violent means, but were – paradoxically – still considered by the international community to represent
‘something new’ in terms of political accountability and development in Africa.
75The score of the various indicators under the category ‘Rule of law’ are: ‘primacy of rule of law in civil and criminal matters’
scores 0.00; ‘independent judiciary’ scores 1.20; ‘accountability of security forces and military to civilian authorities’ scores
0.00; ‘protection of property rights’ scores 1.33; and ‘equal treatment under the law’ scores 1.00. See Freedom House
‘Countries at a Crossroads’ 2007 report, Eritrea chapter (at: http://www.freedomhouse.org/template.cfm?page=140&edition=8
&ccrpage=37&ccrcountry=155, accessed 5 February 2009).
76Proclamation No. 23/1992 established the functions of the judiciary during the transitional period prior to formal
independence. The judiciary was declared to be independent of the executive, but did not hold any powers to act as
checks-and-balances to the non-elected executive or government (Gebremedhin 2004). After independence, proclamation
no. 37/1993 established the structure, functions and powers of the Eritrean government, and ensures a division of powers
between the executive, legislative and judicial bodies. However, the proclamation does not go beyond stating that the
judiciary shall function independently of other bodies of the government, and it is not vested with the power to act as a
proper independent check to other state or political organs (ibid.).
77This section builds on US Library of Congress: ‘Introduction to Eritrea’s Legal System’, at: http://loc.gov/law//help/eritrea.
html, accessed 12 November 2008.PDF page 39
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The Civil Courts77
The civil court structure in Eritrea has three levels of authority.
The Community Court system was formally established in 2001 to ease the pressure on the higher
courts. It has a single-judge bench system filled by elected judges who hold jurisdiction over cases
relating to minor infractions of the law, involving sums of less than approximately US$7300 (110,000
nakfa) (USSD 2008a). The elected judges do not have any formal legal training, but base their
decisions on traditions of customary law in the area in which they serve.78 It is reported, however, that
magistrates versed in criminal law also hear criminal cases at the level of the community courts (USSD
2008a). All decisions made by the community courts may be appealed to provincial (zoba) courts.79
Most people’s only contact with the legal system is with the traditional community courts (USSD
2008a). As the higher levels of the Eritrean judiciary are wholly inept and politically corrupted, the
importance of the customary law-based village courts as providers of justice is increasing.
The Zoba Court is generally the court of first instance. It has civil, criminal, and shari’a benches. All
first instance cases are heard by a single-judge bench system, but the Zoba Court has a three-judge
appellate bench that hears cases appealed from determinations made by the Labour Office on
employer-employee relations. The shari’a bench adjudicates matters of personal status of followers of
Islam only. Decisions rendered by any of the benches at the Zoba Court can be appealed to the
appropriate benches at the High Court.
The High Court, although primarily an appellate court, is the court of first instance for a significant
proportion of cases involving murder, rape, and other serious felonies (USSD 2008a). It has a three-
judge bench system with jurisdiction in civil, criminal and commercial cases, and shari’a benches.
Eritrea also has a five-judge bench that hears final appeals in lieu of a Supreme Court.80 Although at
the same level of all other benches in the High Court, the final appeals panel functions much as a
Supreme Court does and it is the bench of last resort. The president of this bench is the President of
the High Court and four other judges from the other benches at the High Court. The President of the
High Court functions as Chief Justice (AI 2004: 37).
Although serving the civilian community, civil courts judges include former senior military officers with
no formal legal training (USSD 2008a). Judges are routinely appointed and dismissed at the will of the
government (AI 2004; Connell 2007); despite the constitutional requirement that such actions are
supposed to be based on the recommendations of an independent Judicial Service Commission
(Articles 52 and 53 of the Constitution). Such a commission has yet to be established in the country.
The Military Court81
The Military Court has jurisdiction over penal cases brought against members of the armed forces in
addition to crimes committed by and against the members of the armed forces. The presiding judges
in the Military Court are all senior military officers. The Court is structured in two levels (higher and
lower); the jurisdiction of these two levels depends on the seriousness of the offences in question.
Neither level, however, affords the right of appeal to the accused. The higher level of the Military Court
is part of the Eritrean High Court.
It might be questioned whether the Military Court also functions as a political court in certain
78The traditional village judge (dagna) was generally held in high esteem by the villagers, as he protected the ‘inheritance
from the forefathers’ (i.e., the local cultural traditions), as well as trying to achieve decisions which restored peace in the
village (Tronvoll 1998a).
79‘Zoba’ is Tigrinya for province.
80Eritrea does not yet have a Supreme Court although the Eritrean Constitution (Article 49) envisages one.
81This section builds on US Library of Congress: ‘Introduction to Eritrea’s Legal System’, at: http://loc.gov/law//help/eritrea.
html, accessed 12 November 2008.PDF page 40
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82This was confirmed by President Isaias Afwerki in an interview he gave to the government daily, Eritrea Profile. According to
the President, as quoted in the interview, one of the fighters was set free and four were warned. A further 19 were
dishonourably discharged from the army. The remainder were sent to prison; 21 were sentenced to a year and a half, 33
were sentenced to between one and a half and three years in prison, 36 for between four and six years, eight for six to ten
years, and the remaining eight were sentenced for more than ten years (Eritrea Profile, 17 September 1994, p. 4).
circumstances, as it also passes sentence on military personnel expressing criticism of the regime. For
instance, after the so-called fighter rebellion on the eve of independence in May 1993 – when a group
of EPLF fighters took control of certain venues in Asmara protesting against the unilateral decision of
the government to prolong their unpaid service for another two years – 130 ringleaders of the rebellion
were sentenced by the Military Court. Considering the militarisation of society in Eritrea, where about
320,000 people are enlisted in the armed forces, the Military Courts wield an enormous – and un-
checked – judicial importance in the country. There might also be a blurred distinction in jurisdiction
between the military courts and the special court.82
The Special Court
The Special Court was established in 1996 by President Isaias Afwerki, in the aftermath of Eritrea’s first
publicly known corruption scandal in the mid 1990s, involving officials in the EPLF-owned Red Sea
Trading Corporation. The statute or law for the establishment of the Special Court is not available, and
no published records of its procedures or cases are available, as the court generally operates in
secrecy (AI 2002: 19). The rationale for the establishment of the Special Court was reportedly the
impression that the ‘moral values’ of EPLF cadres were in decline after independence, as corruption
increased when EPLF members assumed formal positions of power. An additional concern was the
President’s wish for more stern measures against corruption than the ‘lenient decisions’ – in the eyes
of the battle-hardened President – of the civil courts.
The judges of the Special Court are predominantly senior military officers and EPLF commanders
hand-picked by the President and accountable to his office only (Hedru 2003: 437; Connell 2007: 17).
Their recruitment to the Court is likely to be based on personal affiliations and loyalty to the
President, and their proven ‘toughness’ in disciplining their troops. There are no formal requirements
of judicial training or competence, and many of the judges have little or no legal training whatsoever
(AI 2002: 19; USSD 2003). It is not known how many ‘benches’ operate under the Special Court.
The Special Court is an executive-controlled separate jurisdiction, not under the authority of the
President of the High Court (AI 2002: 18). The Office of the Attorney-General decides which cases are
to be tried by a Special Court (USSD 2008a). The Court primarily has jurisdiction over criminal cases
involving capital offences, theft, embezzlement, and corruption (USSD 2008a), and other unspecified
abuses by government and party officials (Connell 2007: 17). The Special Court also issues directives
to other courts regarding administrative matters (USSD 2008a). Allegedly, the Special Court has also
tried cases of a political nature (AI 2004: 39); and reportedly supporters of the Islamist movement,
Eritrean Islamic Jihad, and other opposition activists abducted by Eritrean security services from the
Sudan and Ethiopia have been tried by the Court (Hedru 2003: 437).
The Special Court is not bound by the Code of Criminal Procedure or the Penal Code, nor precedents
set by earlier court decisions. Judges generally base their decisions on ‘conscience’ – in relation to the
particular history of the Eritrean struggle and EPLF fighter culture – without reference to the law (USSD
2008a). The Special Court also has the power to re-open and adjudicate cases that have already
been processed through the civil courts (USSD 2003). The Special Court can also overrule existing
court decisions and increase without limit the penalties for existing relevant offences the government
regards as being inadequately prosecuted and punished (AI 2002: 18), thereby subjecting defendants
to double jeopardy (USSD 2008a). PDF page 41
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A number of formal and operational elements put the Special Court in stark contradiction with the
Eritrean Constitution and laws, and international standards of fair trial. Of particular concern is the
fact that the trials are conducted in secret and do not allow for any legal representation for the
defendants. The judges serve as the prosecutors and may request the individuals involved in the cases
to represent themselves in person (USSD 2008a). Individuals arrested under the Special Court are
kept in detention incommunicado, usually in a secret location, and there is no time limit on pre-trial
detention (AI 2002). After the Court has decided upon a case, the detainee is transferred to an official
prison or one of the many detention camps scattered throughout Eritrea (see chapter 5). All decisions
passed by the court are final and binding, as there is no appellate court. However, reportedly, in rare
instances, appeals made to the Office of the President have resulted in Special Courts rehearing
certain cases (USSD 2008a).
A few Special Court cases have come to public knowledge. One involved the senior EPLF cadre Ermias
Debessai, a former EPLF representative to the United Kingdom, and, at the time of his arrest in 1997,
Eritrea’s Ambassador to China. Amnesty International reports that he was held for three years in
pre-trial detention before he was brought before the court in 2000. The Special Court convicted him of
embezzling government funds and sentenced him to seven years imprisonment. Amnesty International
received allegations that he was prevented from presenting his own case properly and was unfairly
convicted, possibly for political reasons (AI 2002: 19).
In 1997, the government daily, Eritrea Profile, carried a front-page story reporting on the cases heard
by the Special Court. Up to the middle of February 1997, the Special Court had passed decisions on
1331 cases involving corruption, embezzlement and fraud. Out of these, 34 people were accused of
abuse of power and 78 charged with ‘drug dealing’. The court acquitted 360 persons, and set free 237
others with a stern warning. Furthermore, the court ruled that among 1279 individuals, some would
pay a fine only, while others were sentenced to both fine and imprisonment. Reportedly, the highest
penalty given at that time was 12 years imprisonment.83
In 1999, the Attorney-General of Eritrea informed Amnesty International that the Special Court was
a ‘temporary measure’; and the Minister of Justice reported that there were 450 people in detention
awaiting trial at that time (AI 2002: 18). However, there are still no signs that the government is
rescinding the Special Court, and the 2001 political reform protest has possibly convinced the
President of the Courts’ continued importance. In July 2001, just prior to the mass arrest of EPLF
reformists and civil society leaders, the chief judge (or President) of the High Court, Teame Beyene,
was dismissed from his position after calling for the dismantling of the Special Courts and complaining
in general about executive interference in judicial proceedings (see chapter 4).84 He criticised the
Special Courts in particular for their ‘illegality and unconstitutionality’, saying ‘No legal mind can
condone and be comfortable with such a disturbing legislation‘ (AI 2002: 18).
Extrajudicial sentencing
Since it is impossible for outsiders to gain independent access to case information from the Eritrean
court system, it is difficult to obtain a full overview of the structure and workings of sentencing in the
country. Amnesty International has, however, been informed by released prisoners and other sources
that some detainees have been sentenced to prison terms extra-judicially (AI 2004: 39). Allegedly,
secret committees of security, police and military officers have passed judgment and delivered
83‘Special Court decides on more than 1,300 cases’, Eritrea Profile, 12 April 1997, p.1.
84Cf. US State Department Country Reports on Human Rights Practices 2001; Human Rights Watch: ‘Escalating crackdown in
Eritrea: Reformists, journalists, students at risk’, 21 September 2001; and Amnesty International ‘Eritrea: Arbitrary detention
of government critics and journalists.’ Pp. 22. London: Amnesty International, 2002. See also Connell (2007). PDF page 42
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85These cases might also refer to the workings of the Special Court.
86The most prominent being Isaac Tseggai, former Chief Administrator of Eritrea, and Tesfaye Ma’asho, his deputy. Tens of
thousands of other so-called collaborators, i.e. Eritrean women who married or had children with Ethiopian administrators/
soldiers, were forcibly expelled from Eritrea in June/July 1991 and ended up as refugees in Ethiopia (the estimated numbers
are 80,000–90,000).
87President Isaias Afwerki gave this explanation to Robert M. Press, an American journalist working for Christian Science
Monitor in 1993 (Medhanie 1994).
88As a case in point, it can be mentioned that prior to the outbreak of war in 1998, the Norwegian Centre for Human Rights
at the University of Oslo offered several MA scholarships in human rights law to students at the Asmara University, with an
expression of interest to enter into an institutional cooperation agreement with the university in order to strengthen its law
education programme and library. The offer, however, was rejected by Asmara University as it was not in accordance with
‘their priorities’.
sentences after reviewing statements taken from prisoners after interrogation (and possible torture),
and on advice from the interrogators. In these cases, according to Amnesty International, there was no
hearing or opportunity for the detainee to present a defence or submit an appeal.85
EPLF’s practice of extra-judicial sentencing started immediately after it took power in 1991. According to
Amnesty International, about 150 Eritrean officials and collaborators of the former Ethiopian military
regime (Derg) were detained when Asmara was liberated in May 1991.86 Apparently, the EPLF did not
want to stage open trials of the former collaborators, instead they were administratively sentenced to
imprisonment (mostly for 10_15 years) (AI 2004: 39). President Isaias Afwerki admitted later that
various people were being ‘punished’ after the EPLF takeover, for working too closely with the
Ethiopians and due to their ‘ossified attitudes’.87 Due to the secretive and arbitrary nature of extra-
judicial sentencing, it is difficult to obtain verified information on the nature of such processes in
Eritrea.
Obviously, the practice of secret administrative sentencing contravenes the Eritrean Constitution and
laws, and international human rights law.
THE ADMINISTRATION OF (IN)JUSTICE
The unimplemented Eritrean Constitution states that the ‘justice system of Eritrea shall be independent,
competent and accountable’ (Article 10.1); sadly the reality is far from this, as the ‘administration of
justice in Eritrea provides no protection for the rule of law’ according to Amnesty International (AI
2004: 37). No doubt, the Eritrean court system is seriously inept, not only due to political interference
as mentioned above, but also for the lack of resources and skilled personnel. The EPLF has never
been dedicated to strengthening juridical academic knowledge and capacity-building per se;88 ‘fighter-
skills’ obtained through the war of independence usually out-rank scholarly expertise obtained through
university education. Hence, the posts of judges and other formal positions in the judiciary are often
filled by uneducated individuals drawn from the military forces.
Compounding this initial lack of law expertise in the Eritrean judiciary is the drastic effect of the full
military mobilisation in the country since the start of the Eritrean-Ethiopian war in 1998. The drafting
into the army (through the compulsory national service programme) of court administrators,
defendants, judges, lawyers, and others involved in the legal system, continues to have a significant
negative impact on the judiciary ( USSD 2002; AI 2004; UNHCR 2004; USSD 2008a). Consequently, in
2001, the High Court was reduced from seven benches to three, and the personnel of the zoba and
community courts were reduced by 40 per cent (USSD 2002). Thus, beyond the political infringements,
the lack of trained personnel, inadequate funding, and poor legal infrastructure in the country restrict
the Eritrean judiciary’s ability to grant accused persons a fair trial (AI 2004; USSD 2008a). Public trials
are held, but virtually no cases involving individuals detained for alleged national security or political
reasons have been brought to public trial since the political crack-down in 2001.PDF page 43
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Trial procedures
As described earlier, Eritrean law and the unimplemented Constitution provide safeguards and specific
rights to defendants in the regular court system. Among other things, the law prohibits indefinite and
arbitrary detention, requires arrested persons to be brought before a court within 48 hours, and sets
a limit of 28 days in which an arrested person may be held without being charged with a criminal
offence. However, this legal limit is routinely violated in regard to political and other arrests (AI 2004:
37).
Defendants also have the right in principle to be present during the trial and to consult with an
attorney; however, many defendants lack the resources to retain a lawyer, and government legal aid
is limited to defendants accused of serious crimes punishable by more than 10 years in prison (USSD
2008a). Moreover, Eritrea is seriously lacking in qualified lawyers who can serve as defence attorneys
in court; and since 2000 the government has refused to issue licences to lawyers wishing to enter
private practice (USSD 2008a). Contrary to the Special Courts, the High Court trial procedures formally
grant defendants the right to confront and question witnesses, present evidence, gain access to
government-held evidence, and to appeal against a decision. The US State Department claims that
these rights were upheld in practice (USSD 2008a), an assertion disputed by other observers of the
judiciary (AI 2004; Connell 2007). Nonetheless, the lack of juridical accountability among judges
lacking formal training in law has undermined these safeguards, as court decisions are often based on
the particular judge’s ‘conscience’ without reference to the law (USSD 2008a).
There are no civil judicial procedures established for individuals claiming human rights violations by
the government; despite the fact that the unimplemented Constitution enshrines the principle of
administrative redress for citizens whose rights are violated (Article 24). According to Amnesty
International, there has not been any legal challenge or redress through the courts for violations of
human rights (AI 2004). In the aftermath of the political crack-down in 2001, however, the High Court
granted a habeas corpus application against the Prisons Commissioner in respect of the detained
student leader Semere Kesete, who was allegedly not produced in court (AI 2004: 37). The President
of the High Court was subsequently dismissed; and since then ‘the habeas corpus safeguard against
arbitrary detention has been defunct, with no lawyer daring to make an application and no court
challenging any detention as unconstitutional or unlawful or contrary to Eritrea’s treaty obligations’ (AI
2004: 37) (see chapter 4 for elaboration). Thus, for the majority of the Eritrean population there are
few remedies available for enforcing court orders or their rights. Persons affiliated with high-ranking
party or government officials, former EPLF fighters and the rich, however, can use their influence with
the court to secure civil remedies before the law (USSD 2008a).
FINAL REMARKS
It seems clear that the political ideology of the regime in Eritrea, both prior to and after the political
crack-down of 2001, has inhibited the development of the rule of law in the country. In particular the
workings of the judiciary have suffered, as executive interference and lack of resources have seriously
undermined its operational independence. The workings of the Special Courts are particularly worrying
in this regard. The 2001 crack-down augmented this negative trend and basically rendered the Eritrean
judiciary meaningless in fulfilling its stated and formal objectives. The concept of the rule of law is in
fact antithetical to the reality in Eritrea today.PDF page 44
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3
89Taken from an editorial at the Ministry of Information’s webpage: ‘Reaffirming our values’, at: http://www.shabait.com/stag-
ing/publish/article_003357.html, accessed 26 March 2009.
90Cited from Hedru (2003).
91Officially the EPLF was renamed the People’s Front for Democracy and Justice (PFDJ) at the third congress in 1994; however
the government is still commonly known as the EPLF.
DEMOCRATIC
CURTAILMENT IN ERITREA:
‘NEVER DEMOCRACy, ALWAyS CONTROL!’
Just as the People’s Front [EPLF] had a clear vision during the liberation struggle that enabled it to
realize the dream of establishing a free and peaceful Eritrea, likewise in the new post-independence
period it had a clear vision for the future development of Eritrea. This vision aims at establishing a
country where justice, democracy and prosperity prevail.
Eritrean Government, Ministry of Information, 19 April 2005.89
What kind of country is that which everyday throws its sons and daughters to the furnaces of war?
Whoever is spared from that is thrown in jail because they pronounced truth and demanded justice.
Whoever escapes that fate is stranded in the diaspora, always suffering the distance,
missing his country and living in hope of returning.
Mohammed Nur Ahmed, former Eritrean ambassador to China,
Extracts from a letter sent to the Eritrean Ministry of Foreign Affairs.90
INTRODUCTION
Eritrea today is a country under siege by its own government, the Eritrean People’s Liberation Front
(EPLF).91 The pretext of external enemies is used as an excuse to deny people their basic rights and
freedoms of opinion and expression, to organise and assemble, and to practise their religious beliefs
(Connell 2007; AI 2008b; RWB 2008; USSD 2008a, 2008b; HRW 2009; USSD 2009). The Eritrean
government does not allow any alternative voice or opinion to be heard, all resources and people
are mobilised and channelled into maintaining the country’s totalitarian and militaristic structure. No
private or independent press or media houses exist. Not one non-governmental organisation (NGO) is PDF page 45
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92Professor Gaim Kibreab’s magisterial book of 450 pages, Critical reflections on the Eritrean war of independence (2008) is
a groundbreaking critique of EPLF’s development and the machinations of the Eritrean political elite. It provides a massive
amount of information on the formative years of the EPLF and its internal conflicts and ideological positions. It should
be noted, however, that it has been written in a context where the liberation front had already developed into a one-man
dictatorship, i.e., current realities may have been projected back to interpret historical data. Although the book presents a
plausible interpretation of the development of EPLF, it does not properly include and reflect upon alternative models and
explanations.
93Interviewed in Asmara, 3 February 1997.
allowed to operate outside the direct control of the government party, the EPLF/PFDJ. The government
even sanctions and controls all religious communities and churches, and dismisses at will Church
leaders who become outspoken or try to defend the rights of their fellow believers. Churches – and
other civil society organisations – which the government cannot control are prohibited. Institutions and
organisations associated with the sphere of ‘civil society’ plainly do not exist in Eritrea today. The
government aims to control all sectors and actors of society through a total mobilisation and
harnessing of the country’s human resources in favour of its policies, or incarceration and elimination
if that is not possible.
The current context of human rights abuse in Eritrea did not come about all of a sudden, but originates
in praxis and ideologies adopted by EPLF during the war of liberation, and evolved progressively since
independence in 1991, culminating in the widespread national political crack-down in September 2001.
The lack of democratic development and respect for human rights in post-independence Eritrea is as
such not a unique case, it has developed in a similar way to many other Marxist-Leninist liberation
movements coming to power by violence.
Comparative politics has taught us that the establishment and endurance of any armed liberation
movement necessary to win the struggle against a suppressive regime has to involve extraordinary
measures and stern strategies. In its formative years, the EPLF had to develop its armed capability and
a strict politico-military hierarchy where no disobedience or alternative opinions were allowed came
to the fore (Kibreab 2008). A highly centralised and authoritarian organisational model evolved, where
discipline, loyalty, and political indoctrination managed to foster one of the most efficient and capable
liberation armies in the world (Pool 2001). It must be remembered that the EPLF and its leadership did
not only fight the Ethiopian regime; they fought other Eritrean and Ethiopian resistance movements
too, as well as internal dissent and competing leadership figures, in order to establish hegemony –
internally as well as externally – within their political realm. The organisational ‘purity’ and monolithic
ideology of EPLF was enforced from the top by a handful of dedicated men, led by the former
liberation leader and current President Isaias Afwerki.
The organisational supremacy of EPLF, however, came at a cost. Individual autonomy, leadership
accountability and organisational transparency were qualities which were deliberately ignored in order
to concentrate solely on one goal: the liberation of Eritrea from Ethiopian domination. The civilian
government established in independent Eritrea in 1993 was thus far from ‘civilian’; it was a direct
continuation of the political culture fostered during the liberation war. In the words of the Eritrean
scholar Gaim Kibreab: ‘the seeds of tyrannical rule and control-freakery were sown in the process of
building a monolithic military organisation’ during the war of liberation (Kibreab 2008: 214).92
This chapter will outline the gradual ‘de-democratisation’ of Eritrean society, as the EPLF constructed
its structures of a totalitarianism which denies democracy and the right to assembly in the country.
‘NEVER DEMOCRACY, ALWAYS CONTROL ’: DENYING POLITICAL RIGHTS
‘Never democracy, always control’ was a phrase used by a veteran EPLF liberation fighter to illustrate
the enduring core interests and mentality of the EPLF leadership in the post-independence period.93 PDF page 46
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94Some translate it as the Eritrean People’s Socialist Party.
95Isaias Afwerki underwent political training in China in 1968-69, at the height of the Cultural Revolution.
96The head of the political department of the party and the cadre school, the former Minister of Foreign Affairs, Haile Wolde-
tensai, was instrumental in organising this indoctrination culture of EPLF (Pool 2001). Ironically, he is now languishing in jail,
arrested by Isaias Afwerki in the 2001 crack-down.
97Isaias Afwerki disclosed this information during the Third Congress of the EPLF in 1994, when the military front EPLF was
officially transformed into the ‘civilian party’, the PFDJ (Connell 2001).
98Provisional Government of Eritrea: State, Government and Party, issued by Department of Information and Culture, Asmara,
1992, p. 56 in original. Unofficial translation from the original version in Tigrinya.
99Eritrea carried out its first local (village and district) elections during 1992. Political parties were prohibited and the indi-
vidual candidates were not allowed to communicate any political programme or platform to their ‘constituency’. Furthermore,
there were no secret ballots and the EPLF changed the ‘electoral procedures’ during the process due to a lot of confusion
‘The EPLF’s political culture has long been predicated on secrecy and the exercise of absolute power,
often by violent means’, explains the American journalist Dan Connell, a long-term observer and
supporter of the EPLF cause (Connell 2007: 3). Illustrative of this point is the fact that throughout
the war of independence, the broad-based liberation movement was led by a clandestine inner
party, called the Eritrean People’s Revolutionary Party (EPRP).94 This structure was established in the
early 1970s and headed by Isaias Afwerki. Strongly influenced by Maoist ideology95 and principles of
‘democratic centralism’, it worked as an inner decision-making unit, providing ideological guidance to
the struggle and defining the premises for EPLF’s operational policies (Connell 2001; Pool 2001: 91;
Mengisteab and Yohannes 2005: 52-53).
In its formative years, the leadership of the EPRP also formed the leadership of the EPLF. The EPRP
secretively conferred ahead of every important EPLF congress or gathering, deciding on the formulation
of the EPLF programme and slotting the ‘correct’ individuals in place for so-called ‘elected’ positions in
the EPLF (Connell 2007: 3). The EPRP was instrumental in the propagandisation and indoctrination of
EPLF cadres. Through ideological training courses offered by a special cadre school to a selected group
of particularly loyal individuals it maintained political control of all activities of the EPLF and its mass
movements.96 Disobedience or questioning of the decisions passed by EPRP was ruthlessly punished
with long-term imprisonment and rehabilitation, or summary execution (Connell 2007: 3). The
establishment of EPRP thus ‘guaranteed the ubiquity of internal repression of dissent, unmistakably
putting the trajectory of the liberation struggle on the classic road to dictatorship’, observe the
Eritrean scholars Mengisteab and Yohannes (2005: 53).
The clandestine workings of the EPRP were supposedly suspended in 1989, but the inner party was
not officially abandoned until after independence in February 1994.97 Its ‘secretive pattern of rule’ –
possibly even sustained to this day – thus remained during the design of post-independent governance
policies in Eritrea, and the construction of state institutions (Connell 2007: 3). It should therefore
come as no surprise that when the Eritrean government drafted its first post-liberation policy paper
on ‘State, Government and Party’ in 1992 – discussing various models and theories of democracy and
governance applicable to the Eritrean case – it concluded its deliberation with the following assertion:
As has been seen in the experience of Third World countries, when political parties are
influenced by religion or ethnicity, or when they serve the interests of foreigners, let alone
to serve for democracy, they lead the country into chaos and destruction. Therefore, the
question of democracy should not be seen in relation to the number of political parties
established.98
The position paper was unnoticed by most local and international observers of Eritrean liberation;
however, it should have been read as a clear warning of what was to come in the country.
The first practical ‘test’ for pluralism through voting was the Eritrean referendum on independence,
conducted in April 1993.99 There was never any doubt that the overwhelming majority of Eritreans PDF page 47
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would vote ‘yes’ to independence; they had clearly articulated such a wish through the 30-year long
war of liberation. Thus, the EPLF could have opened the way for true and realistic alternatives (as
they argued prior to 1991), i.e., to have ballots reflecting the three alternatives of ‘independence’,
‘federation with Ethiopia’, or ‘integral part of Ethiopia’. However, when they organised the referendum
process, the alternatives were only ‘yes’ or ‘no’ to independence, without defining the content of
the ‘no’ alternative. Through an elaborate information campaign, the meaning of a possible ‘no’ vote
became clear for the electorate: a ‘no’ voted implied a recommencement of the war and a prolongation
of the people’s sufferings (for elaboration see Tronvoll 1993b, 1996).100 Furthermore, groups who were
believed to be critical to the referendum process were actively suppressed, for instance, the Jehovah’s
Witnesses who were persecuted, arrested and stripped of their citizenship when they expressed that
they would not register to vote due to their faith which prohibits them from actively engaging in
politics (see chapter 6). Other parts of the Eritrean population believed to be ambivalent in their
support for EPLF – namely the Afar and Kunama ethnic groups straddling the Eritrean-Ethiopian border
– were kept under surveillance and a noticeable military presence was mobilised in Afar region as a
preparation for possible unrest instigated by the Afar resistance movement or other factions not
supportive of EPLF (Tronvoll 1994).
At this incipient stage of Eritrean development, civil society initiatives were also quelled. A case in
point is the closure and prohibition of the dissemination of independent information during the
referendum process, as the only ‘independent’ NGO established in the country after EPLF takeover
was suddenly closed down when it wanted to publish a newspaper debating the referendum and
Eritrea’s future development plans.101 Later initiatives to establish independent newspapers were also
repressed.102
No doubt the Eritrean people wanted independence in 1993; but the reality behind the 99.8 per cent
‘yes’ vote may be questioned.103 Segments of certain ethnic constituencies (the Afar and Kunama) had
previously displayed support for Ethiopia during the war of liberation; segments of the merchant and
trading class would favour a stronger affiliation to Ethiopia as a safeguard for market access; and
the Orthodox Christian Church and highland society had historically expressed interest in remaining
within Ethiopia (Negash 1997); these are all factors which presumably ought to be reflected in a vote
on independence or continued affiliation with a ‘friendly’ TPLF/EPRDF government in power in Ethiopia.
However, this did not manifest itself in the outcome of a 99.8 per cent ‘yes’ to independence; and
should again raise some questions on how the medium of ‘elections’ and ‘free opinions’ were
communicated by EPLF during the transitional period (see also Pausewang 1993; Tronvoll 1993a). The
referendum process – in the eyes of the rural electorate – appeared to be a well-orchestrated exercise
without any meaningful choice of alternatives; but it is worthy of note that the absolute majority of
the electorate had no interest in a meaningful choice. The referendum was merely a symbolic act
manifesting what the Eritrean people had achieved on the battlefield.
on the registration/nomination of candidates. Thus, the 1992 local elections cannot be characterised as a formal electoral
exercise.
100I carried out field work in Eritrea from August 1991 to June 1993, and actively researched the referendum process during all
of its phases (as opposed to the UN observers or international journalists who arrived some few months, or even days, prior
to voting day).
101The Regional Centre for Human Rights and Development was established in April 1992 by Paulos Tesfagiorgis, founding
chairman of EPLF’s humanitarian wing, the Eritrean Relief Association (ERA). It was closed down by the Eritrean security
service upon Presidential orders at the beginning of 1993, and Paulos was confined in house arrest for three months. The
first shoot of an independent civil society was thus crushed before it had taken root.
102The respected elder and Eritrean nationalist, Taha Mohammed Nur, asked for permission to establish a newspaper in the
mid 1990s in accordance with the press law, but was then ordered by the Minister of Information to let ‘them read everything
before it was printed’. Taha rejected this type of censorship and had to give up the initiative of establishing an independent
paper. (Information given in interview conducted 26 February 1997 in Asmara).
103The outcome of the Eritrean referendum is one of the most affirmative in the history of elections, with a turnout of 98.5
per cent of registered voters of which 99.8 per cent voted ‘yes’. PDF page 48
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104Article 1.D of The National Democratic Programme, endorsed at the First EPLF Congress, 31 January 1977. In the programme
adopted at the second congress in March 1987, a more or less similar phrase is included, but also adding the ‘rights’ of
‘nationalist political parties’.
105EPLF, A National Charter for Eritrea, For a Democratic, Just and Prosperous Future, Nacfa, February, 1994.
106EPLF (1994: 13).
107EPLF (1994: 18).
IDEAS AND POLICIES ON ‘DEMOCRACY’ IN INDEPENDENT ERITREA
In its National Democratic Programmes formulated during the war of liberation, the EPLF officially
endorsed ‘people’s democratic rights – freedom of speech, the press, assembly, worship and peaceful
demonstration’.104 Also the EPLF’s ‘National Charter for Eritrea: For a Democratic, Just and Prosperous
Future’, adopted at the third congress in 1994, safeguards democratic rights and the formation of
political organisations is even encouraged.105 It must be remembered, though, that the vocabulary of
‘democracy’ as used by EPLF during the struggle and after independence implied a Marxist-Leninist
understanding of the term, and not ‘liberal democracy’ as it is often understood or interpreted by
diplomats, development aid workers and other foreign observers.
The National Charter establishes the ideological guidelines for structuring politics and institutions in
independent Eritrea. In the Charter, the PFDJ summarises its vision of Eritrea’s future in terms of six
basic goals: national harmony, political democracy, economic and social development, social justice
(termed ‘economic and social democracy’), cultural revival, and regional and international cooperation.
These goals are meant to be pursued through the means of six principal guidelines, based on
experiences from the liberation struggle. National unity is declared to be the paramount guideline, to
which all work and policies will be aligned, thus rejecting ‘all divisive attitudes and activities, [and]
places national interest above everything else’.106 It is further stated that the national development
policies will be implemented through the means of broad-based participation by the people, combined
with individual dedication of self-sacrifice – as guidelines two and three respectively – and based on
the philosophy of social justice as the fourth guideline. Self-reliance in all fields – political as well as
economic and cultural – is another basic principle of the PFDJ, experienced and learned through the
solitary struggle for independence. The last guideline is the strong relationship between the people
and the leadership of the organisation; a leadership which, according to the Charter, is mature and
just in its role as decision-maker.107
The National Charter seems to coalesce several thoughts, ideas and inspirations articulated by the EPLF
leadership over time, and hastily put together into a symbolic manifestation of their political ‘unique-
ness’ and ‘maturity’. There is, however, not much intellectual maturity or political uniqueness found
in the Charter, and as observed by Mengisteab and Yohannes, ‘The document is fraught with contra-
dictions, clichés, redundancies and platitudes’ (Mengisteab and Yohannes 2005: 58). The National
Charter must of course be read within the historical context in which it was drafted, just a couple of
years after the end of the liberation war. However, the Leninist doctrines of political control and Alba-
nian-inspired policies of self-reliance articulated in the Charter ought to have flagged several warning
signs among donor countries flocking to Eritrea to assist the EPLF in rebuilding the war-torn country.
In particular, the Charter’s notion on democracy should be seen as a worrying sign by the international
community. ‘Political democracy’ in the Charter is defined as consisting of ‘patriotism, national unity,
secularism and social justice’, not multipartyism, regular elections and the division of power. The
Charter elaborates further on the understanding of democracy: ‘In the context of our society, democracy
is dependent not on the number of political parties and on regular elections but on the actual
participation of people in the decision making process at community and national level’. Apparently,
the EPLF tries to distinguish procedure from substance in relation to democratic values and principles
(see also Yohannes 1996: 163); a distinction often favoured by authoritarian regimes claiming to PDF page 49
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represent the ‘masses’. The Charter is thus silent on mechanisms to operationalise and institutionalise
the values and principles of democracy (Mengisteab and Yohannes 2005: 81). President Isaias Afwerki
has on several occasions expressed reservations about multiparty democracy as an appropriate system
of governance for Eritrea, and explained that ‘the time is not yet right’. Instead, he has speculated on
models of ‘traditional African democracy’ without specifying the procedural and structural arrangement
of such a model (Hedru 2003: 437).
It thus seems clear that the idea of EPLF all along was that the Eritrean people – the masses – should
participate in the running of the state through clearly defined structures, processes and roles provided
for them by the EPLF – the vanguard needed to guide the population to development (see also
Tronvoll 1998b; Mengisteab and Yohannes 2005: 87). This political culture also influenced the
discourse on democracy during the Constitutional Commission, where the ambiguity of the EPLF
concept of democracy came to the fore.
CONSTITUTIONAL DEBATES AND RIGHTS OF DEMOCRACY AND BASIC FREEDOMS
The discussion paper Constitutional Proposals for Public Debate, which were widely disseminated for
public consumption prior to the formal drafting of the Constitution, emphasised the need of a firm
and strong government in order to create the necessary conditions for the growth of democracy, which
‘has to develop gradually, taking root through a process of struggle and change’ (cited from Pool 2001:
168). However, the idea of a multi-party system and free competitive elections was apparently viewed
negatively by the EPLF and described as a ‘procedural as opposed to an essential’ aspect of
democracy (cited from Pool 2001: 168).
The unimplemented Eritrean Constitution partly reflects this hesitation, as the democratic principles
enshrined are somewhat vague on committing to full freedom of organisation and assembly in the
country (see also chapter 1 for elaboration on constitutional rights). On the one side, Article 19 of the
Constitution enshrines ‘Freedom of Conscience, Religion, Expression of Opinion, Movement, Assembly
and Organisation’. The article reads in full:
1. Every person shall have the right to freedom of thought, conscience and belief.
2. Every person shall have the freedom of speech and expression, including freedom of the
press and other media.
3. Every citizen shall have the right of access to information.
4. Every person shall have the freedom to practise any religion and to manifest such
practice.
5. All persons shall have the right to assemble and to demonstrate peaceably together with
others.
6. Every citizen shall have the right to form organisations for political, social, economic and
cultural ends.108
7. Every citizen shall have the right to practise any lawful profession, or to engage in any
occupation or trade.
8. Every citizen shall have the right to move freely throughout Eritrea or reside and settle in
any part thereof.
9. Every citizen shall have the right to leave and return to Eritrea and to be provided with a
passport or any other travel documents.
108It should be noted that some observers of the constitution-making process claim that the official English translation of
these rights differs from the authoritative Tigrinya version, which is claimed to be more ambiguous on ‘party organisations’. PDF page 50
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109Interview with the author, 26 February 1997 in Asmara.
110After the Second World War, Eritrea was temporarily administered by the United Kingdom (since Italy was defeated and lost
all its colonial possessions). During this transition period, and until the annexation of Eritrea by Ethiopia in 1962, several
political parties existed in Eritrea and candidates ran for election to the Eritrean national assembly.
111This section builds on material previously presented in Tronvoll (1997, 1998b).
112Gash Barka, Anseba, Maakel (Central), Debub (Southern), Semienawi Keyih Bahri (Northern Red Sea), and Debubawi Keyih
Bahri (Southern Red Sea).
Leaving aside the fact that all these basic freedoms are purely theoretical in Eritrea today, since they
are violated on a massive, systematic and consistent basis every day, another constitutional article
puts restrictions on these presumably basic freedoms. In Article 7, titled ‘Democratic principles’, it is
made clear that ‘The organisation and operation of all political, public associations and movements
shall be guided by the principles of national unity and democracy’ (7.5). Furthermore, in Article 7.6 it
is articulated that: ‘The State shall create conditions necessary for developing a democratic political
culture defined by free and critical thinking, tolerance and national consensus’. Such provisions clearly
indicate that the government defines the criteria for public participation in the country’s ‘democrati-
sation process’. It presages government-defined restrictions and control of the political context wherein
‘parties’ are suppose to be established (see also Pool 2001). Democratic rights and freedoms are thus
not freely given in Eritrea, but need to be compliant with the overall political directions offered by the
EPLF/PFDJ regime.
Criticism of the lack of full guarantees for democratic multipartyism in the Constitution was raised
during the drafting process. For instance, Constitution Commission member Taha Mohammed Nur, a
distinguished elder and prominent Eritrean fighter for independence, was openly dismissive towards
the new Constitution and claimed that many commission members, including its chairman, voted
against their own belief on the issue due to the ‘political reality of EPLF’ in power and the fact that ‘no
one dares to oppose the party stand’.109 Taha was critical of the EPLF’s reasoning on this matter and
explained:
If our people 50 years ago in 1946110 could form political parties of varying ideologies and
policies and manage to hold a dialogue with each other, and then after 50 years of fighting
the EPLF says that we are not matured politically do to the same today! This is nonsense.
The reason is that the EPLF wants to dominate everything in Eritrea: politics, economy,
society – everything.
Taha Mohammed Nur was arrested by the EPLF in November 2005 and was never released or tried in
court before he reportedly died in prison in early 2008 (see chapters 5 and 6).
The draft Constitution was made ready prior to the first Eritrean elections conducted in March 1997 for
regional assemblies, the Constituent Assembly and, by indirect vote, the National Parliament. Thus,
the democratic ‘principles’ agreed upon by the EPLF/PFDJ in the Constitution were put to the test
immediately through the 1997 elections.
DE-DEMOCRATISING ERITREA:
THE 1997 ‘ELECTIONS’ AND LOCAL GOVERNMENT REFORM 111
As mentioned above, the totalitarian structure of Eritrea originates in political ideologies and practices
developed during the war of liberation, and manifested through new policies, legislation and state
institutions established after independence. The most radical event in this regard was the local
government reform and subsequent elections of 1997. The reform was anchored in a resolution passed
by the Third Congress of the EPLF in 1994, where it was decided to re-draw the internal administrative PDF page 51
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boundaries of the country. This political decision by the EPLF was implemented by the government
through the Proclamation for the Establishment of Regional Administrations (No. 86/1996), gazetted
on 15 April 1996. The proclamation abolished the historical nine provinces (awraja) of Eritrea and
established seven new administrative zones (zoba)112 instead; with a corresponding new system of
local administration and governance.
After liberation, the awraja-system had elected people’s assemblies (baito) functioning as administra-
tive bodies in the villages (baito adi) and at the level of the district (baito woreda). Significantly, the
baito members, who were individually elected, were all accountable to their constituencies for their
decisions and actions.113 At the level of the sub-province (neus-awraja), appointed EPLF cadres worked
as administrators, who also had the responsibility to guide and assist the baitos at district and village
level in their decision-making. People’s assemblies (baito awraja) – with the majority of the represen-
tatives elected from the districts and a minority appointed by the EPLF – were also found in the nine
provinces, operating as quasi-legislative bodies, whereas the executive branch of provincial
administration was staffed by appointed EPLF fighter-administrators. This system of local government
was introduced throughout the country after liberation, effectuated by the local and regional elections
which started early in 1992 and ended with elections in Dankalia in the beginning of 1993.114 It is
important to note that the baito system is a customary and familiar system of local governance in
many parts of Eritrea (Tronvoll 1998a), and that the EPLF/PFDJ no more than formalised this institution
by passing official proclamations and by nationally conducted local and regional baito elections in
1992.
The 1997 elections
Since the 1997 election is the first, and so far the only, election conducted under the EPLF, it is
worthwhile to present it in more detail.115 The elections for the new zoba assemblies were held in the
two first months of 1997, ending with the capital region, Maekel, on 1 March.116 To elect the
representatives for the regional assemblies was, however, not the only function of this ballot. The 399
elected baito representatives in the six regions, together with 75 representatives appointed by the
EPLF/PFDJ and 75 representatives elected by Eritreans in diaspora, would constitute the Constituent
Assembly which later ratified the new Eritrean Constitution. And, in addition to this, the 399 baito
representatives subsequently elected among themselves 75 representatives which, together with 75
EPLF/PFDJ appointed representatives, formed the new National Assembly.
The triple mandate of the ballot – first, to elect candidates for the zoba assemblies; second, to elect
candidates for the Constituent Assembly; and third, by indirect vote, to elect members of parliament
– was not properly communicated to the electorate, who generally believed that the vote was for the
regional assemblies only. Adding more confusion to the vote was the system with reserved seats for
female representation. In order to safeguard female representation, a parallel election with a separate
ballot of female candidates was conducted.117 Thus, a double ballot was used; one for the reserved
113See the pamphlet, Short Exposition on Local Government in Eritrea, by the Ministry of Local Government, Asmara, Septem-
ber 1993.
114See also an unpublished paper by the Ministry of Local Government, Experiences on the Introduction of Decentralization
in Eritrea (1993) ; and see Tronvoll (1998a) for further comments on the workings of the baito system during the transitional
period.
115Local ‘elections’ were reportedly conducted in May 2003, less than two years after the widespread political crack-down and
arrests. No independent assessment or reporting are available from these elections, however, reportedly all candidates were
hand-picked loyal EPLF/PFDJ cadres (Hedru 2003).
116No international observers were invited to follow the 1997 elections. Only the Norwegian government was privileged to
send a small team of election observers (headed by myself), since the Norwegian development agency (Norad) had helped
to finance the local government reform programme.
117Almost one-third (30 per cent) of the seats in the assembly had been reserved for female representation. Cf. Article 10.3.A
in the Proclamation for the Establishment of Regional Administrations.PDF page 52
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118Electoral Guidelines for Assembly Elections, issued by the Ministry of Local Government, October 1996, Asmara (my
version is an unofficial translation from the Arabic/Tigrinya original). The ‘guidelines’ had not been discussed or ratified by
the existing National Parliament, nor gazetted, and its formal status as a legal instrument was thus unclear, even though it
was formalised by Articles 11 and 41 in the Proclamation for the Establishment of the Regional Administrations which stated
that such regulations shall be issued.
119As prescribed in the Proclamation for the Establishment of Regional Administrations.
120Article 10 of Proclamation for the Establishment of Regional Administrations.
121Interview with zoba candidate Sara Solomon (the sister of the imprisoned former Foreign Affairs minister Petros Solomon),
27 February 1997, Asmara.
seats with a pink ballot paper, and one for the open seats, with a blue ballot paper. Since the country
did not yet have an electoral law, the legislative basis of the zoba elections was therefore to be found
in the Proclamation for the Establishment of Regional Administrations and subsidiary in the
Proclamation Issued to Establish the Constituent Assembly. In addition to these legal instruments,
the Ministry of Local Government issued an Electoral Guidelines document which described the mode
of the elections, formation of the election committees, and procedural electoral aspects.118
The electoral system adopted was a multiple-member constituency system with majority vote.119 The
range of representation was determined on the basis of population concentration and size. However,
there was a different ratio of voters to representatives from a rural electorate to an urban one, in order
to safeguard rural interests.120 The election for the reserved seats was delineated in different, more
encompassing constituencies, which entailed that the female representatives in the reserved seats had
an electorate of between 8000 and 10,000 people, whereas in the open election each representative
was backed by approximately 4000 to 5000 people (in the Maekel zoba). This difference between the
open and reserved constituencies was not mentioned in either the Proclamation or the Election
Regulations. According to interviews with presiding officers, they had just been orally informed about
this system. That such an important aspect of an electoral system was not specified in either the
law or the regulations was of course unfortunate, but rather typical for the EPLF way of orchestrating
political processes.
Individual ‘election campaigning’ was only allowed to be carried out over five days. The campaign
activities conducted were also very limited, based almost entirely on displaying campaign posters with
a picture of the candidate and a listing of his/her experience. Some posters had also a few sentences
on what the candidate recognised as his/her major political issues, which were practically always in
accordance with the official development policy of the government of Eritrea. One or two joint
meetings, where all the candidates were allocated two minutes to present themselves, were arranged
by the Election Committee. A well-known EPLF member and female candidate interviewed admit-
ted that it was not necessary to do much campaigning since the candidates were all known to their
constituency and that the voters were not that preoccupied with political issues. In this candidate’s
constituency, the government had just prior to the election announced that it would nationalise several
residential houses, which had raised a lot of concern and criticism from the local inhabitants. When
asked if this issue had been raised in her campaign, she was dismissive:
We cannot advocate the cases of our constituency if it goes against the national politics and
government decisions. Concerning the nationalisation of housing some of the voters have
asked me to take their case to the assembly, but that is a decision of the government. The
assembly assesses and gives recommendations only which the administrator pass on to the
Minister of Local Government who confirms and decides. This has to be done so we do not
decide anything that will go against the government development policies.121
This explanation offered by a prominent candidate illustrates the shallowness of the election and the
concept of ‘democracy’ as introduced by EPLF/PFDJ (note that this was four years prior to the crack-PDF page 53
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down and before the start of the new Eritrean-Ethiopian war). No political substance was allowed to
be communicated in the electoral process, and all candidates were aware of this restriction. The candi-
dates and the voters had to conform to procedural technicalities only, without raising or discussing
any local political grievances or issues of national concern. That was the solitary prerogative of EPLF
to handle. An ironic and paradoxical parallel to how EPLF itself had characterised liberal democracy as
‘procedural as opposed to an essential’ (see below).
Since the elections were only about symbolic procedures and not politics, there were no ‘official’ EPLF
or fighter candidates. A female candidate explained that:
The fighters do not want to mingle so much with civilian life. They keep closely together and
do not interact with the civilian population, and in a way they are a community within a
community.122
Yemane Gebrehab, head of Department of Political Affairs in the EPLF/PFDJ, confirmed in an interview
that there was no need for party-endorsed candidates in the elections, since, as he claimed, the Front
would take all the seats due to their popularity.123 He added that it did not really matter, since 90
per cent of the candidates were party members anyway. The purpose of the election, as explained by
Yemane Gebrehab, was threefold: first, to secure people’s participation along the line of government
priorities and to let them know the importance of elections; secondly, to make sure that the people
do not look at ethnicity, kinship, village candidates, or narrow regionalism, but for the national issues;
and lastly to enhance the role of women, youth and ‘minorities’ in national processes. All of these are
priorities which fit well with the ideological doctrines established during the war of liberation.124 Since
the elections were intended to have an ‘educational’ effect, and to mobilise the masses along the
priorities dictated by the government, pressure was applied to compel people to register and vote.125
Although minor discrepancies and breaches of the electoral guidelines were observed during the 1997
elections, the overall impression was that the process was, technically, carried out in a commendable
manner (Tronvoll 1997). However, the purpose of the elections was a sham, as the Proclamation for
the Establishment of Regional Administrations outlines a system of local governance which seems not
to hold any decentralisation of power and authority, but rather the contrary. The elected baitos were
not vested with any powers or implementing mandate, but recognised only as a symbolic
rubber-stamping body which shall offer praise of the national policies of development which are
drafted and decided by the national government and the President. The Eritrean electorate was not
allowed to voice its true opinion on these matters, and foreigners too were warned not to do so. In
an interview with Yemane Ghebreab, Presidential advisor and head of the Political Affairs department
within EPLF/PFDJ, during the elections, he gave the following blunt warning: ‘I hope you have not
come here to verify that the elections are free and fair. It is not up to the foreigners to verify the
elections, but to the people of Eritrea.’126
National elections, but notably without political parties, were again scheduled for 1998, but were
postponed due to the outbreak of war with Ethiopia.127 After signing the ceasefire agreement in the
122Interviewed 25 February 1997, Asmara.
123Interviewed by the author, 26 February 1997, Asmara.
124However, considering the fact that the Jehovah Witnesses, due to their dis-engagement in the referendum process, were
stripped of their right to vote or to stand as a candidate in the local elections, if they so wished, indicates that the formal
purpose of the elections as explained by Yemane Gebrehab was not intended to be converted into practical realities.
125Confirmed by several voters and a foreign lecturer at Asmara University, who had witnessed a government propaganda
vehicle driving in the streets of Asmara and announcing that people who did not register to vote would be punished.
126Interviewed by the author, 26 February 1997, Asmara.
127See IRIN interview with Yemane Gebremeskel, Director of the President’s Office, 1 April 2004, Asmara, at: http://www.irin-
news.org/Report.aspx?ReportId=49359, accessed 6 January 2009.PDF page 54
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128BBCNews, ‘Eritrean minister speaks out’, 17 April 2001, at: http://news.bbc.co.uk/2/hi/africa/1281386.stm, accessed 17 March 2009.
129Posted in the government daily, Hadas Ertra, 1 January 2003, cited from Hedru (2003).
130Local elections were carried out between 2003 and 2005. In this regard, President Isaias Afwerki explained that ‘the
foundation of the regional elections of administrators, work managers and village magistrates that we are now celebrating
has its roots in the political culture we developed during our national liberation struggle. These elections have also proved
the popular participation of the people along the path of development of free Eritrea.’ Explaining the conduct of the
elections, the party EPLF/PFDJ website asserts that: ‘The basic beliefs of the country’s peoples and its martyrs who fell
heroically for the people is that no step forward can be obtained without the participation of its citizens. “There is no victory
without its people, no development without its people,” were the words of wisdom articulated by the President’ (Shaebia:
‘Elections for Regional Assemblies to be held soon’, ERNA News, 24 September 2003, at: http://www.shaebia.org/artman/
publish/article_1881.shtml, accessed 26 March 2009). Furthermore, according to the government, the local ‘elections aimed at
fostering active popular participation in public administration and strengthening the existing administration network in the
country.’ Cf. Ministry of Information’s web-page: ‘Elections to take place in 46 administrative areas in the Central region’, 7
April 2005, at: http://www.shabait.com/staging/publish/article_003302.html, accessed 26 March 2009.
131See interview with presidential advisor and director of political affairs in EPLF/PFDJ, Yemane Gebremeskel by IRIN:
‘ERITREA: Interview with Yemane Gebremeskel, Director of the President’s Office’ 1 April 2004, Asmara (IRIN), at: http://www.
irinnews.org/Report.aspx?ReportId=49359, accessed 6 January 2009.
132‘The World’s 10 Worst Dictators’, Parade Magazine, 22 March 2009. at: http://www.parade.com/dictators/2009/the-worlds-10-
worst-dictators.html?index=8, accessed 25 March 2009.
133Government of Eritrea (Gazette of Eritrean Laws), No. 86, 1996.
134Eritrea is divided into six regions, 54 sub regions and 2000 village districts (interview with Vice-Minister for Local
Government published in Eritrea Profile, 17 February 1996, p. 2).
summer of 2000, new plans for elections were made and a draft Proclamation on the Formation of
Political Parties and Organisations was developed. A committee led by the then Minister of Local
Government, Mahmoud Sherifo, was appointed to oversee the electoral process. However, being part
of the growing post-war dissent against the President, Mahmoud Sherifo was summarily dismissed
from his position in February 2001 and subsequently imprisoned during the September 2001 crack-
down (see chapter 4). Being one of the key architects of the system of control and surveillance in
Eritrea, and a government strong man, his dismissal was received with shock by the public at large.
Subsequently, Mahmoud Sherifo claimed that he was dismissed because President Isaias Afwerki
wanted to suspend the democratisation process and the formation of political parties in the country.128
The draft legislation on political parties was subsequently annulled, and the conduct of general
elections was postponed indefinitely. On 1 January 2003, an official declaration was made claiming
that: ‘In accordance with the prevailing wish of the people it is not the time to establish political
parties, and discussion of their establishment has been postponed’.129 While carrying out tightly
controlled, non-party,130 local elections, party-based national elections are not on the agenda in the
foreseeable future.131 Reportedly, President Isaias Afwerki announced in May 2008 that elections would
be postponed for ‘three or four decades’ or longer because they ‘polarize society’.132
THE LOCAL GOVERNMENT REFORM: FORMALISING TOTALITARIAN STRUCTURES
The new system of local government introduced in 1996 builds on the aforementioned Proclamation
for the Establishment of Regional Administrations.133 The most radical change introduced by the reform
was the discontinuation of elected people’s assemblies at the lower levels of the administration,
leaving the baito institution intact – although with a severely restricted mandate and authority – only
at the level of the zoba. The traditional district (woreda) entity is obliterated, and the three new levels
of local government administration are the village/area (adi/kebabi), sub-region (nues zoba) and region
(zoba) (cf. Art. 6 in the proclamation).134 The establishment of an executive line of command from the
President’s office all the way down to the village/area level – through the Minister of Local Government,
and the chief administrators of the region, sub-region and village/area, who all are personally and
permanently appointed by the President or his representative – is also a new arrangement within the
field of local government. The administrators at each level are accountable for the conduct of their
office to their immediate superior – and not to their constituencies – ending with the regional
administrators who are accountable directly to the Minister of Local Government, and, notably, not to
their elected regional people’s assemblies (baito zoba) (Art. 20.3). PDF page 55
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Whereas the former elected baito representatives were accountable to the village inhabitants for the
conduct of their office – and thus were replaceable by vote – the new position of village/area ‘chief’
is only accountable to the government-appointed chief administrator of the sub-region (Art. 30.B.1).135
Within the given context, this appears natural, since the village/area administrator’s duties are to
‘execute and implement the directives and programmes’ given to him by the sub-region administrator
Art. 30.B.4). The village/area administrator also holds the responsibility within his/her domain to
‘control compliance with and the implementation of the central government’s policies, plans,
programmes as well as regional directives and programs’ (Art. 30.B.1). The village/area is thus explicitly
not mandated to represent/administer the interests of the village, but to enforce the authority of the
President at the village level.
According to the deputy Minister of Local Government, the reason for abolishing the elected village
council136 as the responsible administrative body of the village, was that the councils ‘promoted
prestige projects which did not benefit the community’ (Pool 1997: 25). The government has a
responsibility to plan and implement the overall development strategies of the country, and must
prioritise according to various national needs and factors which might not be seen or comprehended
from a local perspective. Consequently it ends in a difficult balance between genuine grassroots
participation and peasant decision-making related to their own development process, on the one
hand, and state responsibility and guidance vis-à-vis national priorities on the other. The government
of Eritrea solved this quandary by purging all decision-making authority from the people’s assemblies
and vesting the authority in permanently appointed executive administrators in the local government
structure. The only remaining people’s assembly, the baito zoba, is left without any authority or
mandate to decide on or implement development policies of its own choice, and is left only with the
mandate of recommendation. The proclamation states that the regional baito shall have the powers
and duties to: ‘prepare regional development programmes relating to economic and social services
and pass resolutions and issue directives pertaining to its particular conditions in harmony with
central government policies, proclamations and regulations and to implement the same when
approved by the Minister of Local Government’ (Art. 13.1, my italics).
The baito may recommend solutions based on the people’s wishes (Art. 13.4), and ‘hear, investigate
and comment on the performance reports and evaluations of the executive body and submit its
objections and reservations thereon to the minister of local government’ (Art. 13.7), but it does not
hold decisive authority within any field, and must submit to any national priority defined by the
government. It has no independent fiscal authority, but is required to ‘collect local revenues, based
on the central government’s local duty and taxation directives’ (Art. 13.6).
To safeguard against any possibility that the baito zoba might recommend or suggest anything which
goes against national priorities and planned strategies, the government appoints regional
administrators vested with ‘the power to suspend the Baito’s resolutions and recommendations until
the Minister of Local Government decides on them, if he thinks the policies and regulations of the
central government are violated’ (Art. 20.B.2). To avoid utilising such radical measures, however, the
135As a substitute for the grassroots democracy of people’s councils (baito adi), a meeting of the whole village community is
introduced, named after a customary institution of justice called megaba’aya. According to the Proclamation, the megaba’aya
comprises all village inhabitants within the administrative area who are above the age of 18 (cf. Art. 3). The powers and
duties of the megaba’aya will be to ‘discuss programmes to be carried out in the village/area, make comments and recom-
mendations and approve programmes requiring its participation’ (Art. 30.A.2). It will also ‘generally hear, investigate and
comment on performance reports presented by the administrator and pass on to the regional administration its objections
and reservations thereon’ (Art. 30.A.3). Finally, the megaba’aya will ‘provide the necessary cooperation in electing committee
members who would participate in the implementation of different programmes’ (Art. 30.A.4). Meetings of the megaba’aya
will be conducted regularly every two or three months (Art. 30.A.5), and will be chaired by the permanently appointed
village/area administrator, who is the highest administrative authority of the village/area (Art. 30.B.1).
136The baito adi is the village assembly, a gathering of all the villagers. They elect a council or administration, called
memhedar, which constitutes a chairman, and his/her secretary (deputy), a cashier and two additional administrators.PDF page 56
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137Interviewed February 1997, highland village outside of Asmara.
138For a comprehensive overview of historical and contemporary Eritrea political movements and organisations in opposition
to EPLF/PFDJ, see Günther Schröder, Directory of past and present Eritrean political organisations in opposition to EPLF/PFDJ,
unpublished report, created March 2000, updated September 2007, 49 pages.
139Information given to the author by Eritreans in exile.
regional administrator attends all meetings of the baito where he/she ‘gives recommendations and
advises the Baito on matters related to the central government’s policies and regulations and
programmes before the Baito passes resolutions and recommendations’ (Art. 20.B.1). It appears that
the structure of local government introduced in 1997 in Eritrea reflected the idea that only a few
individuals at the top of society should be entrusted with the power and duty to decide what is the
optimal strategy of development for Eritrea and all its citizens. The small group of dedicated men, and
a few women, who are trusted by the President thus have an enormous influence on issues of local
governance, a power seemingly without any checks and balances. No counterpoised power which
emanates from, and is accountable to, a demotic constituency exists as an integral part of the new
system of local government. In this manner, the decisions of the village/area administrator – which are
based on directives from above – appear incontestable (according to the proclamation). Long before
the 2001 crack-down, the authoritarian traits of the EPLF/PFDJ were clearly understood by the Eritrean
peasants. An elderly and much respected villager explained after the 1997 regional elections:
We have seen this system of governance before during the Italian period. We resisted the
authority imposed on us by the colonial administrators at that time; this time it is our own
kinsmen who do it; and we do not know what to do.137
THE UBIQUITOUS ONE-PARTY STRUCTURE
Since coming to power in 1991, the EPLF/PFDJ has not allowed any organised political opposition to
emerge within Eritrea. The spectrum of Eritrean opposition movements are forced to operate in exile,
disconnected from the domestic constituency.138 In the immediate post-liberation phase, individuals
with opposition sympathies or membership were allowed to return to the country, but were prohibited
from articulating opposition politics or organising into political alternatives.
The third EPLF congress conducted in 1994 aimed to transform the EPLF military front into a broad-
based civilian movement, called the People’s Front for Democracy and Justice (PFDJ). Although PFDJ
formally became separate from the government of Eritrea, there was a direct overlap between its
central council of 75 members and the national assembly and government ministers. The PFDJ also
inherited all assets of EPLF, and continued to establish new businesses in independent Eritrea, as part
of securing control over the ‘free’ economic sector as well as safeguarding a future direct source of
income to the party independent of state finances (Pool 2001).
The 1994 congress also designed strategies to revitalise the party and to extend its party structure in
order to, in its term, ‘reinforce’ its ties with the Eritrean population at large. By 1996, the party had
established over 1000 branches throughout the country, with a membership base of around 600,000,
a figure embracing a large share of the adult Eritrean population (Pool 2001: 177). The enlargement of
the party membership base was conducted in such a way – with implicit and explicit coercion – that
few people dared to decline membership if they were asked to register.139 Furthermore, anybody
aspiring to employment and a career in the civil service or EPLF/PFDJ-controlled companies was better
off being a member of the party. The expansion of the party structure continued until the outbreak of
the 1998-2000 war temporarily put a stop to the recruitment campaign.
Clearly, the objective of the EPLF/PFDJ was to develop a mass party organisation which through its PDF page 57
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structure was able to mobilise and control all citizens and societal activity in the country. Additionally,
the party structure also aims to control the government structures, as party organs are organised in
parallel to the new local government structure outlined above. Furthermore, in order to create an
in-built structure of control within the party, two party branches were established in all villages/local
level communities. When I asked villagers why EPLF/PFDJ established such an elaborate party structure
throughout Eritrea in 1997, the usual answer given was the need for control and surveillance.
As explained by a village militia member in a highland village outside Asmara:
The new party organisation in my village is established to look after the village administrator
and to check that the government policies are followed and implemented. But, since the
top leaders cannot be sure that the party organisation in the village is reliable, they have
decided to establish two branches in each village. In this way the party will check on and
control the village administrator, and each party branch will check and control each other.140
The structure of government and party governance established in Eritrea in 1997 thus gives a clear line
of command from the President of the State and Chairman of the Party, Isaias Afwerki, at the pinnacle
all the way down to the smallest village. Accountability is one-directional, always to the upper level of
command and not to the constituency supposed to be served.
Figure 1. Structure of government and party in Eritrea, 1997.
140Interviewed 25 February 1997.
© (K.Tronvoll)
THE NATIONAL PARLIAMENT
PRESIDENT OF ERITREA
MINISTER OF LOCAL GOVERNMENT
STRUCTURE OF GOVERNMENT AND PARTY IN ERITREA
THE PEOPLE
LEGEND
Line of command
Line of
accountability
Line of control
6 REGIONS (ZOBA)
LEVEL
OF
CONSTITUENCY
Region
(Zoba)
Sub-Region
(Nus-Zoba)
Village/Area
(Adi)
ELECTED
BODY OF
ADMINISTRATION
Assembly
(Baito Zoba)
THE PEOPLE’S FRONT FOR
DEMOCRACY AND JUSTICE
Chairman
Zoba office
Nus-zoba office
Adi branch 1 Adi branch 2
Executive Council
Central CouncilAPPOINTED
BODY OF
ADMINISTRATION
Regional
Administrator
Sub-regional
Administrator
Village/area
Administrator
(Megabaaya)PDF page 58
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FINAL REMARKS
Comparative politics and history has taught us that the establishment of mass political movements or
parties does not bode well for the development of liberalism, democracy and the plurality of choice
and opinion. Mass parties are convenient instruments of control by a small clique at the top of society
rather than mediums of broad-based participation. The mass membership is generally unable to do
more than obey the policies set by the leadership, and is forced into quiescence. So also in Eritrea.
At an incipient stage, it became clear that EPLF/PFDJ had a different notion and understanding of
‘democracy’ than what Western liberal political theory implies. The local government reform and the
‘democratic institution building’ which was put into effect from the mid 1990s, actually entailed a
de-democratisation of Eritrean society. Traditional democratic village and regional assemblies were
replaced with an authoritarian command structure controlled by the President at the top and branch-
ing out to all villages in the country. The evolution of this structure, and the parallel transformation of
EPLF/PDFJ into a mass party, gave evidence that the political leadership had no interest whatsoever in
relinquishing the political power they had fought so bitterly to obtain. PDF page 59
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4
141This group of the new breed of African leaders included; Meles Zenawi (Ethiopia), Museweni (Uganda), Paul Kagame
(Rwanda), and to some extent also Thabo Mbeki (South Africa).
OBLITERATING CIVIL
SOCIETY IN ERITREA:
DENyING FREEDOM OF ORGANISATION AND EXPRESSION
INTRODUCTION
When Eritrea achieved independence, de facto 1991 and de jure 1993, many national and international
observers expressed a strong degree of optimism towards a positive development of democracy, civil
society and a culture of human rights in the country. President Isaias Afwerki was characterised as
belonging to the ‘new breed’ of African leaders who seemingly held popular support among their
constituencies, rhetorically endorsed liberal democracy, human rights and free market economy, and
had a well-defined development policy based on their own priorities. As such, Isaias Afwerki, and the
rest of his generation of leaders,141 heralded a clear breach with the ancien règime of Mengistu
Haile-Mariam.
Today, however, Eritrea is characterised as one of the world’s worst dictatorships, where human rights
are violated on a massive and systematic scale. Institutions of democracy and civil society – which
ought to function as checks-and-balances to unaccountable political power – plainly do not exist in the
country. As this study illustrates, the seeds of dictatorship were sown early in Eritrea (Kibreab 2008);
whereas the final blow to democratic development was experienced in the aftermath of the 1998-2000
Eritrean-Ethiopian war. PDF page 61
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142All but two were living outside Eritrea: Araya Debessay, USA; Assefaw Tekeste, USA; Bereket Habte Selassie, USA; Dawit
Mesfin, UK; Haile Debas, USA; Kassahun Checole, USA; Khaled A. Beshir, USA; Lula Ghebreyesus, South Africa; Miriam M.
Omar, UK; Mohamed Kheir Omar, Eritrea; Mussie Misghina, Sweden; Paulos Tesfagiorgis, Eritrea; and Reesom Haile, Belgium.
143Letter to the President of Eritrea from G-13, 1 October 2000.
OPPOSING THE EMERGING ONE-MAN DICTATORSHIP:
POST-WAR REFORM MOVEMENT
Eritrean-Ethiopian relations gradually deteriorated after Eritrean independence, as the two formerly
friendly resistance movements held different perceptions about how to organise state and governance,
and opted for varying strategies of ‘development’ (Negash and Tronvoll 2000). The 1998-2000 war
shattered Eritrean-Ethiopian relations, and the UN/AU negotiated peace process failed to provide a
sustainable settlement to the dispute (Nystuen and Tronvoll 2008). With the withdrawal of the UN
peacekeeping force (UNMEE) in 2008, the two countries are once again on the brink of war.
The 1998-2000 war had dramatic implications on domestic politics in both countries, as it inspired
dissent movements within the two government parties, the EPLF in Eritrea and the TPLF/EPRDF in
Ethiopia, questioning the decisions made which led to the outbreak of war and the conduct of the
fighting itself (Plaut 2002; Tadesse and Young 2003; Vaughan and Tronvoll 2003; Tronvoll 2009b). In
the subsequent 2005 election in Ethiopia, for instance, the opposition made great electoral advances
and challenged the EPRDF’s grip on power, partly as an effect of the war (Tronvoll 2009a).
Consequently, and in order for the EPRDF to remain in power, political and legislative restrictions are
gradually ‘closing down’ the process of democratisation in the country (Aalen and Tronvoll 2009).
In Eritrea, the war was used as an excuse by the EPLF to postpone the scheduled 1998 elections.
Many Eritreans, however, saw the war as an illustration of EPLF’s failure to build an accountable
system of governance which would prevent the outbreak of war in the first place. In October 2000,
a group of thirteen prominent Eritrean intellectuals (later called G-13),142 wrote a confidential letter to
President Isaias Afwerki, questioning the outbreak of war and raising a wide range of critical issues
on the EPLF’s dominant role in the country’s politics and economy and on the matter of the
unimplemented Constitution. The group, some of whom held high-level civilian and symbolic positions
within the EPLF (like the Constitutional Commission Chairman, Bereket Habte-Selassie, and the former
head of the Eritrean Relief Association, Paulos Tesfagiorgis), admitted that they had kept quiet for too
long due to self-censorship, as they became aware of the negative development trends in Eritrea at
an early stage after independence. However, the outbreak of the new war and the continued negative
political developments within the country compelled them at this late stage to raise a direct criticism
of President Isaias Afwerki’s rule:
We must now say that, in our considered opinion, the government has lagged behind in
the development of democratic institutions, including mechanisms for ensuring account
ability and transparency. The advent of one-man dominance has had the effect of
suffocating a variety of ideas from blossoming and denied meaningful popular participation.
It has inevitably prevented the growth of democratic institutions. A new nation with very
limited and under-developed resources facing enormous challenges in all fields – political,
security, economic, social – cannot afford to have a government that depends only on one
person. In fairness, the blame must also be shared by other members of the leadership to
the extent that they did not object to the negative practices. They may have put up some
feeble complaints, but we have heard of no such protests. So, they too have failed the
nation along with you in allowing power to be concentrated in the hands of one man.143
The confidential letter was soon leaked and created an uproar of interest among Eritreans in the
country and the diaspora. A delegation from the G-13 travelled to Asmara to meet with President Isaias PDF page 62
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144See Saleh Younis, ‘Dawit vs. Goliath. An interview with Dawit Mesfin, member of G-13’, published on www.awate.com, 2
December 2000.
145According to information disseminated by the EPLF/PFDJ dissenters (G-15) (see ‘open letter’ to all PFDJ/EPLF members of
May 2001 from the G-15), criticism was directed at President Isaias Afwerki at a EPLF/PFDJ Central Council meeting which was
convened from 31 August to 2 September 2000 and to some extent at the 13th session of the National Council, which was
held from 29 September to 2 October 2000. The substance of the criticism was, inter alia, to undertake genuine reviews of
policies and to establish deadlines for conducting the party congress and national elections. Furthermore, since military and
diplomatic efforts had to be strengthened, it was also decided by the National Council to form a military committee to do an
appraisal of the war in order to advise the president in the future. According to the dissenters, however, none of the
decisions taken at these two important meetings were implemented due to obstruction from President Isaias Afwerki.
146The G-15 originally consisted of: 1. Mahmud Ahmed Sheriffo, Member of the Central Council of PFDJ and Member of the
National Council; 2. Haile Woldensae, Member of the Central Council of PFDJ, Member of the National Council, Ministerial
cabinet member; 3. Mesfin Hagos, Member of the Central Council and the Executive Committee of PFDJ, Member of the
National Council; 4. Ogbe Abrha (General), Member of the Central Council of PFDJ, Member of the National Council; 5. Hamid
Hmd, Member of the Central Council of PFDJ, Member of the National Council; 6. Saleh Kekya, Member of the Central Council
of PFDJ, Member of the National Council; 7. Estifanos Seyoum (B. General), Member of the Central Council of PFDJ, Member
of the National Council; 8. Berhane GhebreEghzabiher, Member of the Central Council of PFDJ, Member of the National
Council; 9. Astier Feshatsion, Member of the Central Council of PFDJ, Member of the National Council; 10. Mohammed Berhan
Blata, Member of the Central Council of PFDJ, Member of the National Council; 11. Petros Solomon, Member of the Central
Council of PFDJ, Member of the National Council, Ministerial cabinet member; 12. Germano Nati, Member of the Central
Council of PFDJ, Member of the National Council; 13. Beraki Ghebreslassie, Member of the Central Council of PFDJ, Member of
the National Council; 14. Adhanom Ghebremariam, Member of the Central Council of PFDJ, Member of the National Council;
15. Haile Menkerios, Member of the Central Council of PFDJ, Member of the National Council.
personally in order to discuss the letter and a way forward to handle the criticism. They managed to
secure a brief meeting with the President, who did not enter into the substance of their criticism but
was more preoccupied with trying to identify who leaked the letter to the press.144 Thus, no concrete
follow-up strategy to the letter was agreed upon, and the G-13 group as a collective did not follow up
on their initial criticism, although many of the individual signatories to the letter have continued their
peaceful struggle for change in Eritrea through various means from exile.
Protest against President Isaias Afwerki’s monolithic power was also brewing within the top echelons
of the Front towards the end of the war. The political and military leadership of EPLF/PFDJ was
particularly concerned with the fact that Isaias Afwerki, as both President and party chairman, had
neglected the routine to convene regular meetings in the party’s Central Council (the top legislative
committee of EPLF/PFDJ) and the National Assembly during the war, as well as failing to organise a
fourth party congress and national elections. After the active warring ceased in the summer of 2000,
the pressure from top- level military and party leaders increased on President Isaias to open and the
way to re-introduce a collective leadership model of the EPLF/PFDJ and the government.145 An initial
group of 15 top-level government officials coordinated their critique of the President (thus called the
G-15). The opponents of the President were formidable in their own right, as both founding members
of EPLF and liberation war heroes, as well as being incumbent government ministers and generals.
They included two former Foreign Affairs Ministers, Petros Solomon and Haile Woldensae, the Minister
of Local Government, Mahmod Sherifo, the former Minister of Defence (and the person second only to
Isaias in the most recent party elections), Mesfin Hagos, as well as the serving generals, Ogbe Abraha
and Estifanos Seyoum.146
The growing dissent within the leadership’s own ranks, in combination with pressure from the diaspora
and civil society representatives in Eritrea, warned the President of his waning power. The regime thus
started to plot against the dissenters and in January 2001 a presidential commission of inquiry to
investigate the political crimes of ‘sub-nationalism’ and ‘defeatism’ was established (Hedru 2003: 441).
Its objective was to undermine the accusations and criticism raised by the dissenters by launching a
smear campaign accusing them of regionalism and treason – a deadly sin within the nationalistic and
militaristic ideology of the EPLF/PFDJ. Loyal cadres in the party arranged seminars hinting at the
existence of a ‘fifth column’ inside the country which was aiding the Ethiopian government in its
aggression against Eritrea. In late January, the Minister of Local Government, Mahmud Sherifo, was PDF page 63
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dismissed from his post, as the internal battle within the EPLF/PFDJ hardened. The dissenters tried to
counter the government’s accusations by giving interviews and statements to the press, and
newspaper sales skyrocketed in the spring and summer of 2001(Hedru 2003: 441).
The dissenters thrice requested in writing (in February and March 2000) the President to convene
meetings of the Central Council of the PFDJ and the National Council. Their intention was to use the
formal rules and procedures of EPLF/PFDJ and the National Assembly to push through a no-confidence
vote on the President, and thus open the way for general elections in the country (Hedru 2003: 442).
The President, however, responded with a blunt warning: ‘Again today you have sent me another letter.
I have seen it. I repeat, you are making a mistake.’147 Not satisfied with the rebuff, the G-15 gave the
President until the end of March to convene meetings in order to address the critical issues of gover-
nance in the country, but to no avail. The President rejected that there were any problems as indicated
by the group, and again asked them to refrain from ‘this mistaken path and come to your senses’.148
As a last measure to increase the pressure on the President, the G-15 signed an open letter to all
EPLF/PFDJ members and to Eritrea at large in May, outlining in detail the development of
authoritarianism under President Isaias, the basis of their criticism, and possible solutions to the
problems Eritrea was facing. The justification for this move, as seen by the G-15, was to ‘pave the road
for peaceful, legal and democratic transition to a truly constitutional government, and to establish
guarantees for Eritrea to become a peaceful and stable nation where democracy, justice and prosperity
shall prevail’. The open criticism of the President by top-level EPLF/PFDJ cadres was unprecedented
and shocking, within the usually cloaked and secretive leadership. The letter spelt out the core of the
criticism in the following way:
Because of the weaknesses of the legislative and executive bodies, the President has been
acting without restraint, even illegally. While the judiciary lacks adequate human and
institutional capacity, instead of providing resources to build up its capacity, the President
has created a competing Special Court reporting directly to him. People are being jailed for
years without the knowledge and agreement of the judiciary, and independence of the
judiciary and rule of law are being violated. The problem is that the President is conducting
himself in an illegal and unconstitutional manner, is refusing to consult, and the legislative
and executive bodies have not performed their oversight functions properly.
By appealing to the Eritrean public at large and EPLF/PFDJ members in particular, the G-15 aimed to
remove President Isaias Afwerki from power by popular pressure. Considering the personal knowledge
and experiences of the G-15 individuals, their naïveté in this regard is puzzling. Instead of succumbing
to pressure, President Isaias went about doing what he knows best: plotting how to eliminate the
enemy threatening his power.
THE REGIME HITS BACK: THE 2001 CRACK-DOWN AND THE CLOSURE OF THE
PROCESS OF ‘DEMOCRATISATION’
The nascent private Eritrean press started to write about the emerging criticism of President Isaias
Afwerki in the spring of 2001. By publishing the views of the EPLF/PFDJ reformists and other civil
society voices, the Eritrean public at large became aware for the first time of the internal power
struggle within the EPLF/PFDJ; and their lingering doubt was confirmed that even their much revered
liberation leader and President was not a person without flaws.
147Letter from the Office of the President addressed to Mahmud Sherifo, 13 March 2000.
148Letter from the President dated 29 March 2000 to Mahmod Sherifo (reference: N.I.: A290301.RTF).PDF page 64
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149Committee to Protect Journalists (CPJ), ‘CPJ asks Justice Minister to clarify whereabouts of 15 journalists’, 7 June 2001, New
York, at:
http://cpj.org/2001/06/cpj-asks-justice-minister-to-clarify-whereabouts-o.php#more, accessed 17 March 2009.
150In a subsequent response, Eritrea’s Minister of Justice claimed that five of the 15 journalists mentioned in the CPJ letter
were employed with local publications or NGOs, and that ‘the remaining journalists are performing their obligations in the
National Service Program’. The CPJ was not able to independently verify this claim (‘CPJ Delegation meets with Eritrean
Ambassador. Expresses continued concern about whereabouts of 15 journalists’, 13 June 2001, Washington DC, at: http://cpj.
org/2001/06/cpj-delegation-meets-with-eritrean-ambassadorexpre.php, accessed 17 March 2009).
151CPJ, ‘Journalist abducted by security forces, many others still missing’, 6 August 2001, New York, at: http://cpj.org/2001/08/
journalist-abducted-by-security-forces-many-others.php#more, accessed 17 March 2009.
152Human Rights Watch, ‘Escalating crack-down in Eritrea’, 20 September 2001, at: http://www.hrw.org/en/news/2001/09/20/
escalating-crackdown-eritrea, accessed 17 March 2009.
153Cf. US State Department Country Reports on Human Rights Practices 2001; Human Rights Watch: ‘Escalating crackdown in
Eritrea: reformists, journalists, students at risk’, 21 September 2001; and AI (2002). See also Connell (2007)..
The dissemination of news on the internal EPLF/PFDJ power struggle was seen as an advantage for
the reformists; thus the regime tried to stifle the press on this issue. In April 2001, Pauolos Zaid, an
assistant editor of the government weekly Eritrean Profile, was picked up at his home by security
agents and detained at an unknown location.149 This followed the suspected arrests and conscription
to the armed forces of other journalists. In June 2001, the Committee to Protect Journalists, a US-based
organisation dedicated to freedom of expression, sent a letter to the Eritrean Minister of Justice
questioning the whereabouts of 15 Eritrean journalists who were believed to have been arrested or
forcibly conscripted into the army since the end of the war in order to silence them.150 On 25 July,
Mattewos Habteab, editor-in-chief of the private Tigrinya-language MeQaleh newspaper, was allegedly
kidnapped by security forces and forced to enlist in the army.151 His newspaper had published a critical
editorial the day before, calling on the Eritrean government to improve its treatment of independent
journalists. It seems clear that forcible conscription to the armed forces was being used in reprisal
against journalists writing on the reform movement and criticising the regime of President Isaias
Afwerki (see also AI 2002: 6-7).
As the private media started to question the sanctity of the President, it opened the way for a broader
demand for democratic reforms, particularly spearheaded by the students at Asmara University. The
university students demanded greater academic freedom, social liberties, and the right to be consulted
on matters of interest to them. Of particular concern for the students was the infamous and mandatory
‘summer work programme’, which required all students to undergo intensive military training (as their
regular military service is deferred until after graduation) and to carry out what amounts to forced
labour on behalf of the regime (on forced labour in Eritrea, see Kibreab 2009). The living conditions in
the military/work camps, and the abuse and harsh treatment of the students, made the student leader
Semere Kesete publicly announce that students would not enrol in the summer programme unless
specific reforms were carried out.152 To question publicly a military operation like the summer
programme was tantamount to treason in the highly militaristic Eritrea. The day after his statement,
on 31 July 2001, Semere Kesete was arrested without charge by the security forces.
A habeas corpus application was made to the High Court on 11 August, for the authorities to bring
Semere Kesete to court in order to justify his detention. The President of the High Court, Teame
Beyene, accepted the habeas corpus petition, and ordered the police to bring Semere Kesete to court;
but the police requested more time (AI 2002: 7). The regime supported the police in their handling of
the matter, effectively suspending the decision of the court. Teame Beyene had, the previous month,
presented a paper at the International Eritrean Studies Association conference in Asmara where he
severely criticised the government’s interference in the judiciary and the operations of the Special
Court (see chapter 2). After his habeas corpus decision, Teame Beyene was summarily dismissed as
President of the High Court (effectively the role of Chief Justice in Eritrea).153PDF page 65
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During the High Court’s deliberation of the habeas corpus plea, hundreds of students gathered outside
the court house in support of their student union leader. The police seized the opportunity and 400
students were rounded up and sent to the summer work programme in Wia, a reputed military/
detention camp located in the inhospitable and scorching desert south of Massawa.154 Parents of the
students and elders who protested over the arrest and tried to negotiate their release were also
detained (Hedru 2003: 443). According to Human Rights Watch, the government accused the students
of ‘unruly behaviour’ and ‘unlawful acts’, but no formal charges were made. Immediately following the
forcible transfer of the arrested students to Wia, 1700 others ‘voluntarily’ joined them there, according
to the government, as the regime moved in to quell the growing public protest among the youth of
the country.
Amnesty International reports that many of the students were severely beaten and not given any food
for the first three days in detention (AI 2002: 7). As additional punishment in Wia, the students were
forced to work in harsh conditions and extreme heat, building roads and crushing stones. Two of the
students died from dehydration and heat stroke during their ordeal (AI 2002: 8),155 something the
government attributed to ‘lack of adequate logistical support’ at the camp.156 The student leader
Semere Kesete languished in solitary confinement in a dark cell in Asmara, until he managed to escape
in August 2002 (AI 2002: 8). He is now in exile in Europe.
When the regime began to round up and detain critical voices in the country, officials of the party
and government started to defect. The first to leave was the Eritrean ambassador to Scandinavia, Ms
Hebret Berhe, who resigned from her post and said that she could no longer serve a government that
was trying to block the Eritrean people’s aspirations for democracy and rule of law.157 Her resignation
sent shock waves through Eritrean society – as the first high-profile EPLF defector – and she was soon
to be followed by the Eritrean ambassadors to Nigeria and the European Union, as well as other
diplomats and officials at the Ministry of Foreign Affairs in Asmara (Plaut 2002: 122).
The combined pressure from the G-15 top EPLF/PFDJ leaders, the private media, students and other
civil society voices came to bear on President Isaias Afwerki and his regime. With events spiralling out
of the regime’s control, the loyal PFDJ party secretary, Alamin Mohammed Seid, publicly accused the
dissidents and reformists of treason in assisting the enemy, Ethiopia (Plaut 2002: 122). In August 2001,
in a desperate attempt to swing the EPLF/PFDJ support in their favour, the reformists issued a public
document, ‘An Open Paper to the Eritrean People: Important and Urgent Issues’. It summarised earlier
statements and rebutted the regime’s accusations of treason; as well as warning that Eritrea would
descend into tyranny if they did not receive the support of the party and its cadres (Hedru 2003: 443).
Understandably, though, many Eritreans were passive bystanders to the power-struggle among the
EPLF/PFDJ party echelons; they found it hard to believe the newly-found ‘democratic’ commitment by
the so-called reformists, as they had been part and parcel of the regime which had developed the
system of control and surveillance and abused human rights during the post-independence period.
Hedru concludes: ‘Unaccustomed to public airing of differences among the elite, and uncomfortable
with the promises of the regime’s critics, most Eritreans reserved judgement’ (2003: 443).
In the mindset of President Isaias Afwerki, a threat from an enemy is not supposed to be negotiated,
154Human Rights Watch, ‘Escalating crack-down in Eritrea’, 20 September 2001, at: http://www.hrw.org/en/news/2001/09/20/
escalating-crackdown-eritrea, accessed 17 March 2009.
155See also BBC News, ‘Students die in Eritrea detention camp’, 20 August 2001, at: http://news.bbc.co.uk/2/hi/africa/1501092.
stm, accessed 17 March 2009.
156Human Rights Watch, ‘Escalating crack-down in Eritrea’, 20 September 2001, at: http://www.hrw.org/en/news/2001/09/20/
escalating-crackdown-eritrea, accessed 17 March 2009.
157BBC News, ‘Attack on president “no big deal”’, 20 July 2001, at: http://news.bbc.co.uk/2/hi/africa/1448575.stm, accessed 17
March 2009.PDF page 66
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158One of the original signatories to the G-15 letter, Mohammed Berhan Blata, had taken fright and disassociated himself from
the group, and was thus not arrested. See above, note 143.
159BBC News, ‘Eritrea defends political crack-down’, 10 October 2001, at: http://news.bbc.co.uk/2/hi/africa/1591835.stm,
accessed 18 March 2009.
160As of 2004, only four of these had been released from detention, according to Amnesty International (AI 2004).
161BBC News, ‘Eritrea defends political crack-down’, 10 October 2001, at: http://news.bbc.co.uk/2/hi/africa/1591835.stm,
accessed 18 March 2009.
162BBC News, ‘Eritrea expels Italian ambassador’, 1 October 2001, at: http://news.bbc.co.uk/2/hi/africa/1572517.stm, accessed
18 March 2009.
163BBC News, ‘European envoys pull out of Asmara’, 10 October 2001, at: http://news.bbc.co.uk/2/hi/africa/1589148.stm,
accessed 18 March 2009.
164Human Rights Watch, World Report 2002, at: http://www.hrw.org/legacy/wr2k2/africa4.html, accessed 18 March 2009.
165UN Working Group on Arbitrary Detention, Opinion No. 23/2007 (Eritrea), paragraph 6. Subsequently a new request of ha-
beas corpus was filed in the Eritrean High Court on 26 June 2002 to which there was no reply either (African Commission on
Human and Peoples’ Rights, Communication 250/2002 – Liesbeth Zegveld and Mussie Ephrem v. The Government of Eritrea,
34th Ordinary Session, 6-20 November 2003, Banjul, The Gambia).
but eliminated. In the shadow of 9/11, when the world’s attention was focused on the tragic events in
the US, the President mobilised the coercive instruments of the state. In dawn raids on 18 and 19
September 2001, loyal security forces struck against and arrested the G-15 EPLF/PFDJ leaders opposing
the President. Three members of the group, Mesfin Hagos, Adhanom Gebremariam and Haile Menkarios,
were abroad and escaped arrest. The rest158 were thrown in jail without any formal charges. The govern-
ment spokesperson and senior EPLF/PFDJ cadre, Yemane Gebremeskel, claimed that those arrested had
been involved in illegal activities which had endangered the sovereignty of the country, by organising
clandestine cells inside the country and the armed forces. The reformists were thus accused of
treachery, including co-operating with opposition groups which were supported by Ethiopia.159
Following these two initial raids, the regime commenced a nationwide crack-down and mopping up
operation, arresting hundreds of people. All private newspapers and magazines, eight in number, were
closed down, and the journalists either arrested or forced into exile. Dozens of senior civil servants,
diplomats, military commanders, journalists, business people and other professionals were detained;
nearly all of whom were EPLF/PFDJ members and ex-fighters (AI 2004: 8). Many of them had not
expressed public criticism of the President, but were nevertheless associated with the reformers and
considered a threat to the regime.160 For instance, Idriss Abaire, the director-general of the Ministry
of Labour and a veteran liberation war hero, was arrested the first week of October. His only public
criticism of the government was in a debate some months prior to his arrest on the use of minority
languages in primary education. A prominent elder businessman, Abdu Ahmed Yonus, was arrested for
signing a letter written by Eritrean elders to the president urging reconciliation with the dissidents.161
The dire political repercussions and the massive human rights abuses following the September crack-
down compelled the diplomatic community in Asmara to protest about the government’s handling of
the matter. As a consequence, the dean of the diplomatic community, Italy’s ambassador to Eritrea,
was singled out and expelled from the country.162 This subsequently led all the EU countries to pull out
their envoys from Asmara in protest.163 The Eritrean Ministry of Foreign Affairs later expressed
‘puzzlement’ over the many ‘negative’ statements from diplomats and foreign ministries on the
measures they had taken and perceived as justifiable: ‘The Government of Eritrea particularly finds
inexplicable the attempts to ‘whitewash’ crimes against the nation’s security and sovereignty and
present it as advocacy for democratic reform.’164
On 26 November, a habeas corpus request for the G-15 was made to the Minister of Justice, pursuant
to the Eritrean Constitution (article 17), asking, inter alia, to reveal their place of detention, to either
charge the G-15 members and bring them to court, or release them, and to guarantee their adequate
treatment in prison and to grant them access to lawyers, their families and adequate medical care.
No response to the habeas corpus petition was received from the government.165 Subsequently, in a PDF page 67
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speech to the National Assembly in early February 2002, and based on a government investigation
report into the events of 2001,166 President Isaias Afwerki indicted the reformists for ‘committing
treason by abandoning the very values and principles the Eritrean people fought for’; and the Assembly
responded by condemning them ‘for the crimes they committed against the people and their country’
(citations taken from Hedru 2003: 444).
By the end of 2001, all dissenting voices demanding democratic reform in Eritrea were quelled; either
arrested, driven into exile, or cowed into silence. The nascent Eritrean civil society and independent
press were shut down; their spokespersons and journalists and editors arrested. Thenceforth, no
opposition or alternative voices have been allowed to be heard inside the country. Today, it is
forbidden in Eritrea for any group of more than seven people to assemble without approval by the
government.167
Since September 2001, the G-15 detainees and civil society representatives have been kept
incommunicado in secret detention camps and prisons. Little is known about their situation and
physical and mental health, although unconfirmed information hints to the fact that several of the
reformists and journalists arrested have died in prison due to lack of medical care, torture and
inhumane treatment. The UN, the AU and other agencies have requested the Eritrean government to
release the prisoners and for information about their whereabouts and status, but with meagre results.
The African Commission on Human and Peoples’ Rights has on two occasions sent written appeals to
President Isaias Afwerki to intervene in the matter to ensure that the G-15 detainees are removed from
secret detention and brought before the courts of law; all in vain.168 Furthermore, the UN Special
Rapporteur on the right to freedom of opinion and expression sent an inquiry to the Eritrean
government concerning the alleged deaths of three of the journalists imprisoned in the 2001 crack-
down.169 The Eritrean government did not bother to reply to the UN on the question.170
THE 2001 CRACK-DOWN: A CLEAR VIOLATION OF BASIC HUMAN RIGHTS
The international system of justice has through four separate opinions – two by the African Commission
on Human and Peoples’ Rights and two by the UN Working Group on Arbitrary Detention – made clear
that the Eritrean government’s 2001 crack-down on the EPLF/PFDJ reformists and civil society activists
constituted a clear and grave violation of basic human rights; and continues to be so as long as the
detainees are not brought in front of a court of law or released.
The case of the G-15
Just a few months after the detention of the eleven top government officials (G-15), the UN Working
Group on Arbitrary Detention received a plea concerning their situation.171 Eritrea was at that time not
166See reference to the report in the Eritrean Government’s response (of 29 August 2007, ref.: MO/145/07) to the UN Working
Group for Arbitrary Detention, paragraph 2.
167UN Commission on Human Rights, Report submitted by the Special Representative of the Secretary-General on human
rights defenders, E/CN.4/2006/95/Add.5, 6 March 2006, paragraph 558.
168See paragraph 54 of African Commission on Human and Peoples’ Rights, Communication 250/2002 – Liesbeth Zegveld and
Mussie Ephrem v The Government of Eritrea, 34th Ordinary Session, 6-20 November 2003, Banjul, The Gambia.
169On 29 November 2006, in regard to Seyoum ‘Fsehaye’ Tsehaye, freelance, Dawit Habtemichael, deputy editor and co-
founder of Meqaleh, and Yusuf Mohamed Ali, a journalist who is thought to be the editor of Tsigenay; all of whom were
detained in Eiraeiro prison.
170UN Human Rights Council, A/HRC/4/27/Add.1, 26 March 2007, paragraph 224 and 226.
171UN Commission on Human Rights, E/CN.4/2003/8/Add.1, 24 January 2003; Working Group on Arbitrary Detention, Opinion
No. 3/2002 (Eritrea), Adopted 17 June 2002.PDF page 68
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172Paragraph 7 in UN Commission on Human Rights, E/CN.4/2003/8/Add.1, 24 January 2003; Working Group on Arbitrary
Detention, Opinion No. 3/2002 (Eritrea), Adopted 17 June 2002.
173Paragraph 8 in UN Commission on Human Rights, E/CN.4/2003/8/Add.1, 24 January 2003; Working Group on Arbitrary
Detention, Opinion No. 3/2002 (Eritrea), Adopted 17 June 2002.
174Paragraph 14 in UN Commission on Human Rights, E/CN.4/2003/8/Add.1, 24 January 2003; Working Group on Arbitrary
Detention, Opinion No. 3/2002 (Eritrea), Adopted 17 June 2002.
175Paragraph 15 and 16 in UN Commission on Human Rights, E/CN.4/2003/8/Add.1, 24 January 2003; Working Group on Arbi-
trary Detention, Opinion No. 3/2002 (Eritrea), Adopted 17 June 2002.
176Paragraph 17 in UN Commission on Human Rights, E/CN.4/2003/8/Add.1, 24 January 2003; Working Group on Arbitrary
Detention, Opinion No. 3/2002 (Eritrea), Adopted 17 June 2002.
177African Commission on Human and Peoples’ Rights, Communication 250/2002 – Liesbeth Zegveld and Mussie Ephrem v.
The Government of Eritrea, 34th Ordinary Session, 6-20 November 2003, Banjul, The Gambia.
a party to the International Covenant on Civil and Political Rights, but nevertheless upon request
provided information on the case to the Working Group. The undisclosed source of the complaint
argued that the G-15 members had been unlawfully detained ‘solely for the peaceful expression of
their political concerns’ and that their detention violated their rights and freedoms as guaranteed by
the Universal Declaration of Human Rights (Art. 9, 10, 14, 19 and 20).172
In its reply to the accusations, the Eritrean government maintained that the detention of G-15 was
made in consonance with the Criminal Code of the country and other relevant national and
international legal instruments, as they were detained, inter alia, for:
conspiring to overthrow the legitimate Government of the country in violation of the relevant
resolutions of the Organization of African Unity (OAU), colluding with hostile foreign powers
with a view to compromising the sovereignty of the State, undermining Eritrean national
security and endangering Eritrean society and the general welfare of the people.173
This argument was opposed by the complainant, referring to the Transitional Eritrean Criminal Code
(Art. 29) and the Constitution (Art. 17) which states that any person accused of a crime has the right
to due process of law and to be brought before a court of law within 48 hours. In considering the
contradictory statements of the complainant and the Eritrean government, the Working Group on
Arbitrary Detention, , was not convinced by the Eritrean Government’s position on the subject matter
due to lack of concrete evidence:
Therefore, the Working Group concludes that the political leaders in question were arrested
and are being detained for having expressed their political opinions and convictions and that
they are victims of having exercised their right to freedom of opinion and expression
guaranteed under article 19 of the Universal Declaration of Human Rights.174
Moreover, the Working Group concluded that the continued detention of the eleven former top officials
in ‘isolation in one or more secret locations where they have had no contact whatsoever with lawyers
or their families’, and the absence of a ‘court ruling on the legality of their detention’, all ‘constitutes a
series of violations of such gravity’ that the deprivation of their liberty is arbitrary and thus a violation
of Articles 9 and 10 of the UDHR.175 The UN Working Group on Arbitrary Detention consequently
requested the Eritrean government to ‘take the necessary steps to remedy the situation of those
individuals by bringing it into conformity with the standards and principles’ in the UDHR.176 Needless to
say, the Eritrean Government neglected to take action upon the Working Group’s concluding request.
Subsequently, the African Commission on Human and Peoples’ Rights (ACHPR) followed up on the G-15
case and in November 2003 delivered a landmark judgment against the Eritrean government.177 The
ruling was motivated by a complaint submitted by a Dutch lawyer (Liesbeth Zegveld) and an Eritrean
living in Sweden (Mussie Ephrem), on behalf of the eleven former top-level government officials PDF page 69
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detained by the regime in September 2001.178 Despite a protest by the Eritrean government, the
Commission found the case admissible, since the requirement to exhaust local judicial remedies can
no longer apply in Eritrea since the government had ignored pervious habeas corpus requests by the
detainees to be brought before a court.179 After the Commission accepted the complaint’s admissibility,
the Eritrean government declined to forward its written statements on the merits of the case, and the
African Commission was left with no alternative but to proceed and deliver a decision on the case
based on the statements of the complainants only.180
The African Commission accepted in full the deposition submitted by the complainants and thus found
the State of Eritrea responsible for violation of Articles 2, 6, 7(1) and 9(2) of the African Charter on
Human and People’s Rights, involving respectively the violation of individual rights and freedoms of
liberty and security, the right to fair trial and due process of law, and the right to freedom of opinion
and expression. The Commission hence urged the Eritrean government to release the eleven prominent
prisoners immediately and to grant them compensation for their illegal detention.
The lack of compliance by the Eritrean government with the unambiguous ruling by the African
Commission, motivated Dawit Mesfin (an Eritrean with German citizenship) and Habtom Yohannes (an
Eritrean with Dutch citizenship) to ask Liesebeth Zegveld to continue to pursue the case within the
international system of justice. On 1 February 2007 she opened a new case with the UN Working Group
on Arbitrary Detention on the continued detention of the eleven former top-level government officials.
The Eritrean government tried once again to justify the detention with the war-like situation in Eritrea,
and that the detainees attempted to undermine and topple the government. More intriguing, though,
is the Eritrean government’s justification of not yet having taken the detainees to court, due to the
continued war-like situation and the fact that ‘there are co-offenders who are not yet apprehended’.181
It appears that the government of Eritrea justifies incommunicado detention without trial and formal
charges being pressed over eight years, since they will continue to arrest people suspected of being
opposed to the regime. Obviously, such arguments were rejected by the UN Working Group on Arbitrary
Detention.182
The Working Group observed that no new element (but the ruling of the African Commission on the
case) had been brought to light which would change their previous ruling of 2002 on the arbitrariness
of the detention of the eleven former government officials. The Working Group requested the Eritrean
government in 2002 to take ‘the necessary steps to remedy the situation’; but the government’s com-
munication to the Working Group indicated that they had done nothing in this regard. The Working
Group thus restated their opinion that the continued detention without trial of the G-15 ‘seriously con-
travenes’ the principles of due process of law (as enshrined in Article 9 of the International Covenant
on Civil and Political Rights, to which Eritrea in the meantime had become a state party).183 Furthermore,
the Working Group reiterated their decision that keeping the G-15 in detention solely for expressing
dissent against the authoritarian policies of the regime, ‘constitutes a clear violation of the rights of
these 11 persons to exercise their right of freedom of opinion and expression’ (cf. Art. 19 ICCPR).184
178These were: Mahmud Ahmed Sheriffo, Haile Woldensae, Ogbe Abrha, Hamid Himid, Saleh Kekya, Estifanos Seyoum,
Berhane GhebreEghzabiher, Astier Feshatsion, Petros Solomon, Germano Nati, and Beraki Ghebreslassie. See above, note 143.
179The Eritrean government tried to explain that it had been unable to bring the detainees before a court of law because of
‘the nature of the criminal justice system in Eritrea [… as it was] inherited from Ethiopia and is therefore lacking’ and as such
it is ‘highly congested and difficult to manage’ (paragraph 33 in the ruling). This reason was not considered relevant by the
Commission.
180Paragraph 46 in the ruling.
181See the Eritrean Government’s response of 29 August 2007 to the Working Group’s communication (Eritrean government
reference: MO/145/07).
182UN Working Group on Arbitrary Detention, Opinion 23/2007 (Eritrea), adopted on 27 November 2007.
183Paragraph 26 in UN Working Group on Arbitrary Detention, Opinion 23/2007 (Eritrea), adopted on 27 November 2007.
184Paragraph 27 in UN Working Group on Arbitrary Detention, Opinion 23/2007 (Eritrea), adopted on 27 November 2007.PDF page 70
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185Paragraph 29 and 30 in UN Working Group on Arbitrary Detention, Opinion 23/2007 (Eritrea), adopted on 27 November 2007.
186Paragraph 28 in UN Working Group on Arbitrary Detention, Opinion 23/2007 (Eritrea), adopted on 27 November 2007.
187African Commission on Human and Peoples’ Rights, Communication 275/2003 – Article 19 v The State of Eritrea, (EX.CL/364
(XI). Final ruling was made in 2007.
188The African Charter permits complaints by third parties on behalf of and not known to the individuals of concern (actio
popularis approach). The journalists detained were: 1. Zemenfes Haile, founder and manager of the private weekly Tsigenay;
2. Ghebrehiwet Keleta, a news writer for Tsigenay; 3. Selamyinghes Beyene, reporter for the weekly MeQaleh; 4. Binyam
Haile of Haddas Eritrea; 5. Yosef Mohamed Ali, chief editor of Tsigenay; 6. Seyoum Tsehaye, freelance editor and
photographer and former Director of Eritrean State Television (ETV); 7. Temesgen Gebreyesus, reporter for Keste Debena;
8. Mattewos Habteab, editor of Meqaleh; 9. Dawit Habtemicheal, assistant chief editor, Maqaleh; 10. Medhanie Haile,
assistant chief editor, Keste Debena; 11. Fessahye Yohannes (or Joshua) Editor-in-Chief of Setit; 12. Said Abdulkadir, chief
editor of Admas; 13. Amanuel Asrat, chief editor of Zemen; 14. Dawit Isaac, contributor to Setit; 15. Hamid Mohammed Said,
ETV; 16. Saleh Aljezeeri, Eritrean State Radio; and 17. Simret Seyoum, a writer and general manager for Setit. One of the 18
individuals originally listed by Article 19 had been covered by the ruling passed by the African Commission on the detention
of the G-15 group (see above: Communication 250/2002 – Liesbeth Zegveld and Mussie Ephrem v The Government of
Eritrea); thus in order to avoid double jeopardy, his name was excluded from the current case. Several of the journalists
listed later died in prison.
189Paragraph 87 in African Commission on Human and Peoples’ Rights, Communication 275/2003 – Article 19 v The State of
Eritrea, (EX.CL/364 (XI).
190Paragraph 87 in African Commission on Human and Peoples’ Rights, Communication 275/2003 – Article 19 v The State of
Eritrea, (EX.CL/364 (XI).
Thus, the deprivation of liberty of the eleven former leaders was considered to be arbitrary and the
Working Group requested once more the Eritrean government to ‘remedy the situation’ and suggested
that an adequate remedy would be the immediate release of the detainees.185 However, considering
their previous ruling five years earlier, the Working Group took note of the ‘obvious unwillingness of
the Government to comply with the Working Group’s Opinion’ as ‘particularly worrying’.186 Habitually,
the Eritrean government has ignored the Working Group’s decision and recommendation.
The case of the journalists and the closure of the private press
Prior to the African Commission’s final ruling on the detention of the G-15 in November 2003, another
complaint was submitted to the Commission in April that year on the continued incommunicado
detention of 18 journalists arrested in the 2001 crack-down while working for the private media, and
the banning of the private press in the country.187 The complaint was submitted by Article 19, an
international organisation dedicated to freedom of expression, which had taken up the case on behalf
of the detained journalists.188 Despite the Eritrean government’s repeated attempts to convince the
African Commission of the complaint’s inadmissibility – principally due to failure to exhaust domestic
judicial remedies in Eritrea – the Commission finally accepted the admissibility of the case in 2005.
The Eritrean government explained the arrests of the journalists as occurring ‘against a backdrop of
war when the very existence of the nation was threatened’ and that, as a result, the government was
‘duty bound to take necessary precautionary measures (and even suspend certain rights)’.189 However,
unlike certain other human rights instruments, the African Charter does not allow states to derogate
from it in times of war or other emergency. The precarious post-war situation in Eritrea at the time of
the crack-down, the potential military threat posed by Ethiopia, and the possible political challenge
posed by the reformist themselves, were thus not considered relevant by the Commission, which
stated that ‘Eritrea’s actions must be judged according to the Charter norms, regardless of any turmoil
within the State at the time’.190
Both the Eritrean government and Article 19 accepted the basic facts of the case (the actual arrest of
the journalists and the closure of the press), but differed in regard to the motivations and justifications
behind the action taken by the government. Article 19 argued in its complaint that the newspapers
were closed and the journalists arrested since they had expressed their opinions and spoken out
against the government. The Eritrean government, on the other hand, claimed that the arrests and the
closure of the press were justified by Eritrean law since the measures occurred because ‘the stated PDF page 71
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newspapers and the leading editors were recruited into the illegal network organised for the purpose
of ousting the Government through illegal and unconstitutional means’.191
The African Commission rejected the Eritrean government’s claim that its action was justifiable due to
clauses in domestic legislation which permit restrictions on basic human rights during times of political
crisis.192 The African Commission thus ruled that the arrests of the journalists were arbitrary (a violation
of Article 6 of the Charter); that their incommunicado detention for several years was a violation of the
principles of due process of law (Art. 7(1)) and amounted also to a violation of Article 5, on the right
to be free from torture and cruel, inhumane and degrading punishment and treatment. Furthermore,
the Commission ruled that separating the detainees from their families over such a long period of time
also constituted a breach of the right to family life (Art. 18). The government’s banning of the press
and targeting journalists was further deemed to be a violation of the freedom of expression and
opinion (Art. 9), and an infringement of the public’s right to information (Art. 9). The African
Commission concluded its ruling by explaining:
A free press is one of the tenets of a democratic society, and a valuable check on
potential excesses by government. No political situation justifies the wholesale violation of
human rights; indeed general restrictions on rights such as the right to free expression and
to freedom from arbitrary arrest and detention serve only to undermine public confidence in
the rule of law and will often increase, rather than prevent, agitation within a state.193
To support its conclusion, the African Commission made reference to a UN Human Rights Committee
finding on the subject matter, which states that: ‘The legitimate objective of safeguarding and indeed
strengthening national unity under difficult political circumstances cannot be achieved by attempting
to muzzle advocacy of multi-party democracy, democratic tenets and human rights.’194
The African Commission thus urged the Eritrean government to ‘release or to bring to a speedy and
fair trial the 18 journalists detained since September 2001, and to lift the ban on the press’, and
recommended that the ‘detainees be granted immediate access to their families and legal
representatives’, as well as paying compensation to the detainees. Needless to say, the Eritrean
government ignored the ruling by the African Commission.
International actors and human rights organisations, like Amnesty International (AI 2002, 2004),
government agencies, like the US State Department (USSD 2008a), and multilateral organs, like the
EU195 and the Inter-Parliamentary Union,196 all consider the G-15 detainees to be political prisoners.
FINAL REMARKS ON ‘DEMOCRACY’ AND PLURAL POLITICS IN ERITREA
Since the 2001 crack-down, a large number of Eritreans voicing their dissent towards the authoritarian
policies of the regime and advocating democratic rights have disappeared into incommunicado
detention in Eritrea’s prison gulag. Little is known about the condition and whereabouts of thousands
191Paragraph 89 in African Commission on Human and Peoples’ Rights, Communication 275/2003 – Article 19 v The State of
Eritrea, (EX.CL/364 (XI).
192As this constitutes a breach of Article 1 of the African Charter.
193Paragraphs 106 and 107 in African Commission on Human and Peoples’ Rights, Communication 275/2003 – Article 19 v The
State of Eritrea, (EX.CL/364 (XI).
194Paragraph 107 in African Commission on Human and Peoples’ Rights, Communication 275/2003 – Article 19 v The State of
Eritrea, (EX.CL/364 (XI).
195Council of the European Union: ‘Declaration by the Presidency on behalf of the European Union on political prisoners in
Eritrea’, 20 September 2007, 12978/1/07 REV 1 (Presse 201), P 074/07, Brussels.
196Inter-Parliamentary Union, Resolution on Eritrea adopted unanimously by the Governing Council at its 173rd session,
Geneva, 3 October 2003. PDF page 72
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197The Awate team: ‘The Snake and Its Skin’, 25 February 2009, at: http://www.awate.com/portal/content/view/5083/9/,
accessed 3 March 2009.
198President Isaias Afwerki had just made his latest re-shuffle of the government and military chiefs of staff as this was
written, in March 2009.
199During the last couple of years, for instance, scattered information about assassination attempts carried out on the
President has been circulating.
of ordinary Eritreans who are not sufficiently well-known internationally to attract support from inter-
national lawyers who can argue their case in front of the international system of justice. The rulings on
the G-15 and journalists by the African Commission on Human and Peoples’ Rights and the UN Working
Group on Arbitrary Detention ought, in this regard, to be read as applicable to the vast number of
anonymous Eritreans languishing in incommunicado detention due to their struggle for democracy.
It seems unlikely, considering the developments of the last decade, that President Isaias Afwerki and
his regime will allow any true and realistic plural politics in the country, irrespective of what type of
democratic model is suggested. Since the establishment of independent Eritrea, Isaias Afwerki has
assumed the posts of party chairman (in a single-party state), head of state and government, chairman
of the National Assembly, Commander in Chief of the armed forces, and in effect also the head of the
judiciary (since he dismissed the Chief Justice at his own will in 2001). Eritrea today is the
quintessence of a one-man dictatorship, as aptly described by a team of exiled Eritrean researchers
who tried to create a directory of the power structure and organisational features of the Eritrean
government:
But to do so would imply that there is structure and organizational chart in the government.
In reality, there is none: there is Isaias Afwerki, and then there is everybody else. He is
indispensable, and everybody else is disposable. He is the snake, and the rest are its skin –
that he sheds seasonally, and only he knows when the season begins and when it ends.197
Prior to the outbreak of the 1998-2000 Ethiopia war, Eritrea had the resemblance of a collective
leadership where the top echelons of the EPLF/PFDJ were internally accountable to each other. There
was periodic, although irregular, convening of party organisational congresses and deliberations in the
National Assembly. Until the outbreak of war in 1998, this collective leadership was together
responsible for laying the foundation stone of dictatorship in Eritrea. The G-15, eleven of whom are
languishing in jail today, reluctantly admitted so in their open letter to EPLF/PFDJ members in April
2001: ‘Just as we bear ultimate collective responsibility for our performance as leaders, we are obliged
to bear equal responsibility for correcting our failures. Since our failure to lead properly has injured
the people, we are prepared and determined to make amends …’.
Today, President Isaias Afwerki reigns alone, with the help of a few loyal men and women at the top
of the party, military and intelligence structures. By constantly reshuffling government and military
officials, the President makes sure that no one can consolidate a power-base strong enough to
threaten him.198 How long he will last, however, is an open question.199
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200‘Never kneel down’ was a popular slogan of the EPLF. President Isaias Afwerki continues to use this metaphor, as during
the recent war with Ethiopia he allegedly stated: ‘Eritreans only kneel on two occasions; when they pray and when they take
aim to shoot the enemy’.
201The National Democratic Programme of the EPLF of 31 January 1977 states that the aim of the struggle is to establish an
independent democratic state, where ‘freedom of speech, the press, assembly, worship and peaceful demonstrations’ are
protected (Article 1. D), and to ensure ‘all Eritrean citizens’ equality before the law’ (Article 1. E). See also President Isaias
Afwerki’s first address to the UN General Assembly, Forty-eighth session, 10th Plenary Meeting, 30 September 1993.
202See, for instance, Amnesty International (AI 2002, 2004).
THE ERITREAN GULAG
ARCHIPELAGO:
PRISON CONDITIONS, TORTURE, AND EXTRAjUDICIAL KILLINGS
INTRODUCTION
Eritrea is a country re-born out of suffering and human rights abuses. Its independence was hard won
in 1993 after a 30-year long war of liberation (Cliffe and Davidson 1988; Connell 1993; Iyob 1995). The
massive and widespread human rights abuses experienced by the Eritrean people suffering under the
yoke of the Derg military regime of Ethiopia, made them promise that they would ‘never kneel down’200
in their struggle against oppression (Firebrace and Holland 1987).
It is cause for despondency that oppression and massive human rights abuses persist in Eritrea today,
but now committed by their liberation hero-turned-dictator, President Isaias Afwerki. Promises of
democracy and freedom offered by the liberation front (EPLF/PFDJ) during the war and at independence
have all been broken.201 Thousands of Eritreans are languishing in ‘secret’ detention camps throughout
the country; government critics, veteran liberation fighters, civil servants, peasants, students,
journalists, and religious believers alike.202 No group or individual is unaffected – men and women,
young and old, Christian and Muslim, rural and urban, educated and uneducated, all are liable to be
regarded as a threat to the regime and thus susceptible to arrest, torture and disappearance (see
chapter 6). Eritrea today is a nation held hostage by its own government, with a population denied
basic human rights and freedoms. Estimates of the number of political prisoners, given by Eritrean
refugees and exiled civil society representatives, vary between 10,000 and 30,000.PDF page 75
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203The legal foundation of this authority is unclear, however.
204Mehari Yohannes was responsible for guarding Semere Kestete, the imprisoned leader of the Eritrean Student Movement
(see chapter 4), when he engineered the flight of both of them to Ethiopia in July 2002.
205Gedab News at Awate.com: ‘“The ‘Executed”: No smoking gun, but plenty of circumstantial evidence’, Gedab Investigative
Report on the alleged massacre of 150 people, 13 March 2003, at: http://www.awate.com/cgi-bin/artman/exec/view.cgi/11/1090/
printer, accessed 4 April 2009.
206The shipping containers are used both as an easy way to expand the capacity of the detention centres, and also as
designated punishment since they work as ‘ovens’ and may reach extreme temperatures in the hot Eritrean climate. Amnesty
International reports that metal shipping containers are used as prison facilities in Sawa military training centre, Adi Abeto
prison, Dahlak Kebir prison, Mai Serwa, Alla near Decamare, Mai Edaga near Decamhare, Mai Temenei in Asmara, and
Tehadasso army prison (in addition to other places) (AI 2004).
The police are officially responsible for maintaining internal security and order in Eritrea; however the
army, reserves and demobilised soldiers are also called upon to assist in operations targeting civilian
citizens. Military personnel have the authority to arrest and detain civilians.203 Agents of the National
Security Office (NSO), which reports directly to the President’s Office, are also responsible for detaining
individuals who are considered to be a threat to the country’s ‘sovereignty’ or security (USSD 2008a).
The Eritrean police corps, many of whose officers are conscripts, are riddled with corruption and they
typically use their influence as government officials to assist friends and family. It is also reported that
the police demand bribes to release detainees (USSD 2008a). The police, military, and internal security
forces continuously engage in arrests and detentions without due process. Despite a constitutional
provision on administrative redress (Art. 24), there are no operative mechanisms to address
accusations and cases of abuse by the police, internal security, or military forces (USSD 2008a).
The Eritrean Constitution prescribes that detainees must be brought before a judge within 48 hours of
arrest, and may not be held for more than 28 days without being charged with a crime (Art. 17.4). This
is an important safeguard against police abuse. The criminal procedure code requires that unless there
is a ‘crime-in-progress’, police must conduct an investigation and obtain a warrant prior to an arrest
(USSD 2008a). However, in cases involving national security, this process may be waived, an excuse
often (mis)used by the authorities. In reality, most arrests are conducted without a warrant, the
majority of the detainees are not presented before a court of law. and detainees are held for much
longer periods than the law prescribes, often in incommunicado (AI 2008b; USSD 2008a).
In practice, the accountability to the judicial system is non-existent. Former prison guard Mehari
Yohannes, a veteran EPLF fighter who joined the front in the mid-1980s when he was 15 years old,
managed to escape Eritrea in 2002.204 He describes a:
‘sloppy’ jail system with no accountability: one where orders are given orally (nothing in
writing), people thrown in jail and forgotten, people asked to show up for ‘five minutes’ only
to end up in jail for 4–5 years, a system without due process, a system that dumps
prisoners in the cover of the dark every night, a system where family members are not
notified of the arrest of their loved ones and if they inquire of the whereabouts of their
children are given no information.205
THE ERITREAN ‘GULAG ARCHIPELAGO’
Like a chain of islands, the Eritrean political prisons, detention centres, and labour camps are
scattered throughout the country. They are under the control of the military or the internal security
service. Some are purpose-built as centres of incarceration; others may be converted store houses and
makeshift constructions (often metal shipping containers),206 or may double-up as military camps and
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207Prisoners suspected of ordinary crimes and held in official civilian prisons and police stations are normally allowed three
family visits per week and food, and their conditions broadly conform to international standards (AI 2004; USSD 2008a).
208The ICRC has access to visit Ethiopian soldiers (who the Eritrean government claims are deserters from the Ethiopian army)
and to visit and register Ethiopian civilian detainees in police stations and prisons (USSD 2008a). The Ethiopian inmates
are usually held in separate prisons (AI 2004). On the ICRC’s activities in Eritrea, see ‘The ICRC in Eritrea - facts and figures
2007’, at: http://www.icrc.org/Web/Eng/siteeng0.nsf/htmlall/eritrea-field-newsletter-310308/$File/facts-figures-eritrea-07-08.pdf,
accessed 9 December 2008.
209Reporters Without Borders, press release, ‘Eritrea: Journalist employed by state-owned Radio Dimtsi Hafash held since
2006’, 24 April 2008.
210Eritrean Center for Media Services (ECMS), ‘Thirteen detainees escape Track B’, 5 November 2007. I have been unable to
ascertain the military ranks of Yosief Berhane and Fikre.
211Awate.com: ‘Scores of Eritreans Die at Wi’a’, 3 October 2007, at www.awate.com, accessed 14 March 2009. See also state-
ments and information from the Open Doors International organisation (available at http://sb.od.org/).
212According to Reporters Without Borders, identified as ‘hill 346’ on the military high command’s maps (RWB report ‘New
revelations about Eiraeiro prison camp - “The journalist Seyoum Tsehaye is in cell No. 10 of block A01”’, 30 January 2008,
available at: http://www.rsf.org/article.php3?id_article=25251, accessed 18 April 2009.)
213According to Reporters Without Borders, the three sections holding the most politically sensitive detainees are A01, B01
and B03. (RWB report ‘New revelations about Eiraeiro prison camp - “The journalist Seyoum Tsehaye is in cell No. 10 of
block A01”’, 30 January 2008, available at: http://www.rsf.org/article.php3?id_article=25251, accessed 18 April 2009.)
in specially dug-out cells and ‘dungeon’ like structures. Reportedly, some political prisoners are held
incommunicado in secret security sections of official police stations or of officially-designated prisons
(such as in Sembel prison in Asmara). Members of the armed forces and national service conscripts are
held in military prisons, including custodial ‘rehabilitation centres’ in army units (AI 2004).
The majority of the detention centres are secret, with access prohibited, and not officially designated
as prisons. Several of the detention camps are located in some of the world’s most inhospitable
places, where soaring temperatures (above 50 degrees Celsius) and extremely rudimentary facilities
make basic survival difficult. No outsiders are permitted access to these prisons/camps, and usually
even close family members of detainees are denied visits.207 The International Committee of the Red
Cross – which has access to political prisoners in many dictatorial regimes throughout the world – is
denied access to any Eritrean prisoners or prisons (AI 2004: 21).208
Of the numerous prisons and detention facilities throughout the country, the most frequently named are:
• ‘Track B’ (or ‘Tract B’) is located near the airport in a western suburb of Asmara (a former US storage
facility). It is a military-run prison reportedly containing about 2000 detainees,209 mostly EPLF veterans,
conscripts, alleged Islamists, and people accused of forging identity documents or smuggling army
deserters out of the country (AI 2004: 21). Most of the prison camp’s buildings are underground, in
addition to extra ‘storage’ of detainees in metal containers. The camp is run by Col. Berhane,
reportedly assisted by two notorious interrogators, Yosief Berhane and Fikre.210
• Adi Abeto army prison is just outside Asmara. A relatively large camp, it is reportedly used for
conscripts, returned asylum seekers, and members of minority religions (AI 2004: 20).
• Wi’a military detention centre is located some 32 kilometres south of the Red Sea port of Massawa,
at one of the hottest places on Earth (it was used during the Italian colonial era as an incarceration
site for extreme punishment). It is composed of several separate camps designated to hold two large
groups of detainees: escaped military conscripts and draft evaders, and members of prohibited
religious organisations.211 The camp commanders reportedly are Lt Col. Jemal, Lt Col. Weddi Hale and
Capt. Ramadan. On 10 June 2005, reportedly, 161 detained youths were shot and killed trying to
escape from Wi’a (USSD 2006).
• Eiraeiro secret prison camp is located near the village of Gahtelay (Northern Red Sea Province) in a
mountainous desert region north of the Asmara-Massawa road.212 It is composed of five main blocks,
including two cell blocks (of 62 cells each).213 Allegedly, the camp was purpose built in 2003 to receive PDF page 77
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the ‘G-15’ political prisoners (former top-ranking EPLF cabinet ministers and party leaders; see chapter
4). The camp is also used for other political prisoners, including many of the detained Eritrean
journalists. The area is extremely inhospitable, making it difficult to escape, and the temperature can
luctuate from 40 Celsius by day to several degrees below zero at night. The camp administrator is Lt
Col. Isaac Araia, also known as ‘Wedi Hakim’.214
• Dahlak Kebir detention centre is located on Dahlak Kebir island, the main island of the Dahlak
archipelago in the Red Sea, 7 kilometres from the main town of Nakua. It is consists of eight large
iron-sheet buildings, and holds about 800 inmates, mainly army deserters and draft evaders, and
military and political prisoners(AI 2004: 20). The Dahlak islands are notorious for their extremely hot
climate, and were used as detention centres during both the Italian and Ethiopian periods.
• Mitire military detention camp is a rather new complex, located in north-eastern Eritrea. Reportedly,
it is purpose-built to house religious prisoners and has received over 100 adherents of ‘banned’
Christian churches.215
• Haddis Ma’askar army prison is located close to the main Sawa military camp. It is also recently
built, composed of underground structures. It holds about 1000 prisoners, mostly military personnel,
but also returned asylum seekers (AI 2004: 20).
• Ala Bazit military prison camp is located in the middle of a desert behind the Ala mountains, on the
road between Dekemhare and Massawa.216 It occupies the site of a former military training camp built
by the US military in 1996, and consists of three groups of houses with corrugated sheet metal roofs
that are surrounded by large brambles and overseen by three watchtowers.217
• Mai Dima military prison camp is located around Berakit Mountain (on the way to Obal), in Zone 3.
It is run by the Intelligence Unit of the 25th Regiment. The camp is used to house Kunama detainees,
and reportedly 26 Kunamas were killed in April 2007 by the authorities and buried in the camp (see
chapter 8).218
• There are several prisons in Asmara. Sembel prison is an officially-designated prison for political
prisoners; Teserat prison holds mainly EPLF veterans in underground cells; Wengel Mermera is a
security section of the 2nd Police Station (known as Karchele), used as a special investigation centre;
and likewise there is a special security section in the 6th Police Station in Asmara holding political
prisoners (AI 2004). Additionally, the national security service maintains many secret ‘safe houses’ in
214A first-hand witness account of the Eiraeiro camp has been obtained by Reporters Without Borders. The witness explains:
‘About one kilometre after the barrier [check-point on the road to the camp] are the barracks of Eiraeiro’s guards, then the
outer perimeter of the camp itself, delineated by barbed wire on this side and by a minefield on the north side of the camp.
After this second checkpoint, the prisoners are taken to the administrator’s office in an L-shaped building on the edge of
the complex. This building also houses a bakery, a medical post, a pharmacy and a bedroom for senior officials from Asmara
such as President Isaias himself. In a flat area below the administration building, the prison camp is an E-shaped complex
of three cement buildings, each containing a total of 64 separate cells separated by thick walls. Each wing is identified by
a letter and a number. The three sections holding the most politically sensitive detainees, including the journalists, are A01,
B01 and B03.’ See Reporters Without Borders: ‘New revelations about Eiraeiro prison camp - “The journalist Seyoum Tsehaye
is in cell No. 10 of block A01”’, 30 January 2008 (at: http://www.rsf.org/article.php3?id_article=25251, accessed December
2008).
215Information from the Christian-rights organisation Open Doors International (available at: http://sb.od.org/).
216It is one of five prison camps in the so-called ‘Zone 3’ of Eritrea, run by military Commando Unit No. 525.
217Reporters Without Borders, ‘State TV journalist secretly sentenced in 2006 to five years of forced labour’, 30 October 2008,
at: http://www.rsf.org/article.php3?id_article=29140, accessed 8 December 2008.
218This event, according to the testimony of a former EPLF liberation fighter and later intelligence officer in the Eritrean army,
Menghesteab Girmay Asre, given in October 2008 (see note 358), is discussed in detail in chapter 8. PDF page 78
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219Information given by Eritrean escapees. See also Amnesty International (AI 2004: 23).
220Reported by, inter alia, Amnesty International, Reporters Without Borders and US State Department. For instance, RWB
reported that ‘at least three of the journalists who were arrested in 2001, died in prison between 2005 and 2006. And
on 11 January, Fessehaye Yohannes, known as ‘Joshua’, one of the most important figures in the country’s intellectual life,
died from the effects of appalling prison conditions in Eiraeiro’ (see: Eritrea – Annual Report 2008, at http://www.rsf.org/
article.php3?id_article=25386&Valider=OK). Furthermore, Open Doors International claims that eight Christians have died
while in detention (‘Christian deaths mount in Eritrean prisons’, 21 January 2009, at: http://www.opendoorsusa.org/content/
view/902/139/, accessed 23 January 2009).
221Awate.com: ‘Scores of Eritreans die at Wi’a’, 3 October 2007,at www.awate.com.
Asmara and other towns which are used for short-term detention and interrogation (AI 2004).
It is impossible to list all the political prisons and detention centres in Eritrea, not only due to
difficulties in accessing information on this sensitive topic, but also due to the fact that a number of
regular military camps and facilities double-up as centres of detention. Military units, from battalion
up, have their own makeshift prisons. Often an outdoor space is marked off by large thorny branches
from acacia trees where the detainees are kept in the open, day and night, sunshine or rain.
Some of the military camps have developed more specialised facilities to cater for political prisoners
(like underground cells), others house detainees in ordinary military barracks. The most notorious
military detention centre is at the main Sawa Military Training Camp in the western lowlands close to
the Sudan border, where all new national service recruits are sent. Other military camps allegedly also
functioning as detention centres are Mai Temenei (in Asmara), Tehadasso, Tessenei, Mai Edaga (near
Dekhamare), Galaalo (at the Red Sea coast), Alla (near Dekhamare), Gahteley and at Assab.
Military commanders are vested with the authority to try prisoners and pass sentences, including the
death sentence. Reportedly, detainees have been executed in front of their unit members to intimidate
others into accepting the discipline (see chapter 6).219
CONDITIONS OF DETENTION
The conditions in the detention camps and prisons are harsh and life threatening and the facilities
are extremely primitive (USSD 2008a). Reportedly, scores of Eritreans die while in detention or under
arrest.220 It is difficult to obtain official confirmation on deaths in prison, since there reportedly are no
inquests into the deaths of prisoners and their families are generally not informed (AI 2004: 21).
Many detention centres involve underground cells, metal shipping containers are widely used as cells,
or detainees are kept in open-air facilities (in addition to ordinary prison blocks). Since several of the
camps are located in areas where it is extremely hot – where daytime temperatures rise to the high
40s Celsius – this puts an extra physical burden on the prisoners. For instance, in the Wi’a military
detention centre, allegedly 16 prisoners died, while hundreds fell sick, by being exposed to extreme
heat and subsequently suffering from dehydration, inadequate medical care and malnutrition, during
the hot season of 2007.221
Prison guards who have fled Eritrea have recounted the horrible prison conditions. For instance, a
former guard told Reporters Without Borders about the situation in Eiraeiro:
The cells are windowless rooms, 3 metres square, with ceilings high enough to be out of
reach, and lit 24 hours a day by a bulb behind an opaque plastic globe. They have a
numbered metal door with a 10-centimetre-square spy-hole through which the guards give
the prisoner his food. Inside the cell, to the right of the door, a hole in the ground serves as
a latrine. Above it is a pipe that delivers water but only the camp administrator can turn on
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A one-metre-high metal bar projecting from the floor at the far end of the cell, opposite the
door, is used for punishments. If the guards think a prisoner has behaved badly (a look or
comment to another prisoner or to a soldier, for example), the prisoner is bound to the bar
by the feet and by the hands behind the back, in a squatting position. They are forced to
remain like this ‘for at least 40 hours’ […].
The heads of the prisoners are shaved every two months by a barber, who is accompanied
by a guard to prevent him talking to them. They are given food twice a day in a plastic
bowl – a soup of lentils, vegetables or potatoes. They also have a glass of tea in the
morning and six pieces of bread. They are only allowed one litre of water a day. Detainees in
very poor health may be given an additional water ration, but only if prescribed by the camp
physician, Dr Haile Mihtsun. If he issues a prescription, it is posted on the cell door. The
administrator turns on the water in the pipe over the latrine for only 20 minutes a week. The
prisoners have to wash themselves and their clothes in that short period of time.222
The testimony of a former Eritrean military intelligence officer corroborates the information given by
the prison guard above, and describes the terrible conditions in Mai Dima military prison camp.
The conditions for prisoners were awful. We didn’t allow them to change their clothes, we
didn’t allow them to see their family, we always forced them to walk without shoes, and we
always gave them small amounts of food and water – in order to weaken them and to make
them sick and die. When they got sick – we didn’t give them medical treatment and because
of this they were having mental and physical problems. We forced them to do hard work,
and we were taking their private property like money, house, gold, and necessary
documents, and other privately owned things. We would put 23–26 people in a small cell so
that many would nearly die because of the shortage of fresh air. We scared and beat them
continuously, and they couldn’t escape. I have seen a lot of prisoners going crazy, and facing
different kinds of diseases. I also saw some of the prisoners disabled because of the heavy
beatings. I also saw prisoners die inside the prison.223
Food and water supplies to detainees vary from prison to prison and depending on the season.
Generally, however, the amount and quality of the food is inadequate. Likewise, sanitation facilities
vary, but are generally very poor. Testimony given to Amnesty International by a former detainee in
Wenjel Mermera prison in Asmara, gives evidence of this:
The food was very poor and looked like washing-up water. It consisted of half-cooked bread,
lentils, and half-cooked unsalted cabbage, in very small quantities. It was placed in a
communal bowl in our cell where we had to eat by hand – about six spoonfuls’ amount each
for 26 prisoners. We were given half a cup of tea in the morning, and two meals a day at
noon and 4pm. We had tap water to drink, but not enough. There was an open toilet in the
cell. We could only wash once in two weeks. We slept on the floor, which was often damp,
with two thin blankets. (AI 2004: 19-20).
The unhygienic conditions and absence of toilet facilities (only a bucket) and the prevalence of
diarrhoea among prisoners help spread infectious diseases. It is also reported that detainees are
forced to lie in diarrhoea as a punishment (AI 2004: 21). Reportedly, many detainees have died as a
consequence of illness and unhygienic conditions (AI 2004; USSD 2008a).
222Reporters Without Borders: Eritrea – Annual Report 2008, at http://www.rsf.org/article.php3?id_article=25386&Valider=OK.
223Recorded interview with Menghesteab Girmay Asre (conducted for this study on 25 October 2008 in Addis Ababa).PDF page 80
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224Recorded interview with Menghesteab Girmay Asre (conducted for this study on 25 October 2008 in Addis Ababa). See
also, below, note 358.
225For instance, the vivid recollection of the EPLF fighter Girmai Haile of his torture experiences under the Derg as described
in Bondestam (1989), could just as well be told by one of today’s escapees from EPLF’s detention centres.
226The director of Suwera, an Eritrean human rights NGO based in Khartoum, confirmed that the majority of the refugees
interviewed who had been imprisoned told about experiences of torture. Interviewed 20 April 2008, Khartoum.
The handling of detainees is part of an overall strategy, where inadequate facilities and mistreatment
are part of an interrogation strategy to weaken the resistance among the detainees. ‘Standard
procedure’ in this respect – beyond physical torture – is a six-point plan, as described by a defected
Eritrean intelligence officer:
1. Confiscation of personal assets like money, jewellery, necessary documents and gifts,
2. Forbid change of clothes and underwear,
3. Inflict pain and weaken them through meagre food, water, and medical supplies,
4. Harass them by applying strict, severe security and surveillance measures,
5. Deny family access,
6. Wear them out through rigorous labour.224
The severe physical and psychological stress in prisons has caused psychological problems for many
detainees (USSD 2008a). Reportedly, many detainees have committed, or tried to commit, suicide to
escape the gruesome prison conditions. A former detainee of the infamous Dahlak Kebir island prison
off Massawa, who later managed to escape, recalls:
Walta Haile, an ex-Malta deportee who had been tortured, tried to commit suicide at
Massawa by tying his own hands and jumping into the sea [on 15 December 2003]. He got
caught in the ship’s propeller and his face was badly cut. He was taken out of the sea and
we didn’t hear of him again, maybe he died. (AI 2004: 22).
It seems clear that the Eritrean prison conditions, and the treatment the detainees receive, contravenes
the principles enshrined in the ‘Basic Principles for the Treatment of Prisoners’, adopted by the UN
General Assembly Resolution 45/111 of 14 December 1990. Furthermore, conditions of detention in
Eritrea are in clear violation of the standards as prescribed by the UN Covenant on Civil and Political
Rights (ICCPR), to which Eritrea is a party. Article 10 of ICCPR makes clear that detainees shall ‘be
treated with humanity and with respect’, as well as other standards violated by Eritrean authorities.
Further aggravating the harsh conditions of detention is the deliberate torture and cruel, inhumane
and degrading treatment inflicted upon detainees.
TORTURE AND CRUEL, INHUMANE AND DEGRADING TREATMENT
AND PUNISHMENT
During the liberation struggle against the Derg, Eritrean detainees were routinely tortured in Ethiopian
prisons; a brutality which made the Eritrean people even more steadfast in their struggle for
independence. Sadly, the torture, inhumane and degrading treatment and punishment sustained on
a massive scale in Eritrea persist today; paradoxically by the very same liberation ‘heroes’ who were
tortured by the Derg.225
During our work on this study, a number of Eritreans have retold their personal experiences of torture
inflicted by EPLF officials; both rank and file soldiers, officers and professional ‘torturers’, as well as
by high-level EPLF leaders themselves.226 Reporters Without Borders interviewed escapees from the
infamous Eiraeiro prison, who told about their ‘daily hell’ and the involvement in torture by high-level
government officials:PDF page 81
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The prisoners are kept day and night under the light of an electric bulb and in complete
isolation. Some are manacled by the feet or hands. Others are not. When they are not
shut up in their cells, the prisoners are taken to one of the three interrogation rooms. The
interrogation sessions are often conducted by Abdulla Jaber, the security chief of the ruling
People’s Front for Democracy and Justice, or other senior officials such as Yemane ‘Monkey’
Gebreab, President Isaias’ advisor [and political director of the government party].
The prisoners are tortured during these sessions. They are hit with plastic whips, for
example. There are messages written over the doors of the interrogation rooms. One says:
‘Did you see who died before you?’ Another says: ‘If you don’t like the message, kill the
messenger.’227
Former detainees tell about various types of torture and inhumane treatment inflicted upon them with
or without a specific reason given. A 34-year old who had been undertaking national service told what
happened when he and his army friends did not manage to carry out a physical exercise as ordered:
They beat us and some were thrown in prison. They beat with a stick first. They beat as
much as they could. Then when you are tired they tie you like a ‘helicopter’. Afterwards, they
throw you on the sand, in direct sunlight. You are left outside during night too, freezing.
Another national service soldier told about his friend: ‘My friend Wedi Amir was tied by the hands and
hung from a tree. His arms/tendons were ‘broken’. He was sent to the hospital and [they] amputated
both arms. I think he is a mental case now.’ A young man in his mid-twenties explained his story:
I escaped the army in 2004, to Asmara. After a month I was working with house construction
in Asmara. Then they [military] came and took me to Addi-Abeyto prison, in the vicinity of
Asmara. They tied me in the ‘no. 8’ for two weeks. This is normal. […] I was tortured
continuously for several weeks. My own army friends had to torture me. The officers
commanded them to do it. Now I have a nerve problem…228
Some methods of torture are frequently used by the Eritrean interrogators, as described by our infor-
mants above. Based on numerous interviews with Eritrean torture victims, Amnesty International has
listed the following standard torture methods
used by the EPLF regime against their own
people (AI 2004: 19).
• ‘The helicopter’: the victim is tied with a
rope by hands and feet behind the back, lying
on the ground face down (sometimes even
suspended in the air), outside in the hot sun,
rain or freezing cold nights, stripped of upper
garments. This is a punishment allocated for
a particular number of days, the maximum
reported being 55 days in the Dahlak Kebir
island prison, but it is more often one or two
weeks. The prisoner is tied in this position
24 hours a day, except for two or three short
breaks for meals and toilet functions.
227Reporters Without Borders: ‘New revelations about Eiraeiro prison camp - “The journalist Seyoum Tsehaye is in cell No. 10
of block A01”’, 30 January 2008: http://www.rsf.org/article.php3?id_article=25251, accessed December 2008.
228All interviews conducted in Addis Ababa, 28 April 2008.
The “Helicopter” Drawing made by former prisoner now
refugee. Taken from: www.west.asu.edu/amnestyPDF page 82
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• ‘Otto’ (Italian for ‘eight’): the victim is tied with hands behind the back and left face down on the
ground, but without the legs tied.
• ‘Jesus Christ’: the victim is stripped to the
waist, wrists tied, and standing on a block
with hands tied to a tree branch; the block is
removed, leaving the victim suspended with the
feet just off the ground in a crucifix-like posture.
Beatings are inflicted on the bare back. This is
said to be an extremely severe torture, restricted
to only 10–15 minutes to avoid serious lasting
injury. This method was first reported from Adi
Abeto prison in 2003.
• ‘Ferro’ (Italian for ‘iron’): the wrists are bound
behind the back with metal handcuffs
while the victim lies on the ground face down
and is beaten with sticks or whipped with an
electric wire on the back and buttocks.
• ‘Torch’ or ‘Number eight’: inside a special
torture room, the victim is tied up by wrists
behind the back and with the feet bound; a
stick is placed under the knees and supported
on a framework on both sides horizontally, and
the body is turned upside down with the feet
exposed. The soles of the feet are beaten with
sticks or whipped. (This was a common punish-
ment in Ethiopia and pre-independence Eritrea
under the Derg.)
• ‘Almaz’ (diamond): the victim is tied and
suspended from trees with arms tied behind his
back (USSD 2007a).
Reportedly, detainees have also been exposed
to torture by electric shocks and sexual torture (such as a soft-drink bottle filled with water and tied
to the testicles) and rape of female detainees (USSD 2007a). A standard procedure, before and after
active torture, is to tie the victim at the hands, elbows and feet for extended periods (up to several
weeks), and leave them exposed to the sun (USSD 2007a). One former detainee recalled:
I saw others tied too, some very tightly. I saw one whose veins in his arms burst and blood
flowed out. They just left him there and forgot about him. When the veins burst they took
him away and we didn’t know what happened to him. Sometimes the veins swelled up
because of the sun, and burst.(AI 2004: 22).
Another survivor gave the following witness account:
They beat them in front of us until they were vomiting blood. They tied them in ‘helicopter’
method for 55 days outside in the heat. Ermias’ skin colour changed, his body swelled and
he couldn’t walk. For the first two days he was refused food, but the prisoners fed him. I
don’t know if he is still alive. (AI 2004: 18).
“jesus Christ” Drawing made by former prisoner now
refugee. Taken from: www.west.asu.edu/amnestyPDF page 83
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229Statistics based on more than 29,000 torture victims from 95 countries who were referred to the organisation’s four cen-
tres in the UK in 2007. See www.torturecase.org.uk/about_us/30, accessed 4 December 2008.
230Cf. UN Human Rights Council, A/HRC/4/33/Add.1, 20 March 2007, Fourth Session, Agenda item 2; UN Human Rights Council,
A7HRC/4/21/Add.1, 8 March 2007, Fourth session, Agenda item 2.
231Gedab News at Awate.com: ‘The “Executed”: No smoking gun, but plenty of circumstantial evidence’, Gedab Investigative
Report on the alleged massacre of 150 people, 13 March 2003. at: http://www.awate.com/cgi-bin/artman/exec/view.cgi/11/1090/
printer, accessed 4 April 2009.
232Not all people ‘disappearing’ in detention die, however. Some of those who were reported ‘disappeared’ have later been
known to have received extrajudicial sentences to long prison terms (AI 2004).
Medical Foundation for the Care of Victims of Torture, a UK-based charity, reports that Eritrea is ranked
among the top ten ‘torture-victim producing’ countries in the world.229 Furthermore, the UN Special
Rapporteur on torture and other cruel, inhumane or degrading treatment or punishment has received
considerable reports on torture in Eritrean detention camps and prisons, and also cases where
detainees were tortured to death.230
Despite the widespread reports of systematic torture in Eritrea, committed by police, army, intelligence,
party and government officials, no known action has been taken to punish the perpetrators of torture
and abuse (USSD 2007a). This is in itself a clear violation of Articles 2 and 3 of the International
Covenant of Civil and Political Rights (ratified by Eritrea), which require states to respect and ensure
the civil and political rights of all individuals within its territory (for elaboration, see Novak 2005:
27-82). The prohibition of torture has an extraordinary status in the protection of human rights under
international law; it is nonderogable and ensured without any restrictions whatsoever (Novak 2005:
157). Furthermore, the Eritrean Constitution prohibits torture (Art. 16.2), and it is prohibited by Article
7 of the International Covenant on Civil and Political Rights (ICCPR) which has been ratified by Eritrea,
as well as customary international law and ranks as jus cogens (Novak 2005: 157-158). Clearly, the
Eritrean government is in grave violation of both Eritrean and international law on this matter.
EXTRAJUDICIAL KILLINGS AND ENFORCED OR INVOLUNTARY DISAPPEARANCES
How many people have disappeared – or even been killed – in the Eritrean Gulag archipelago under
the EPLF is impossible to estimate. There are numerous reports of summary executions or people
being tortured to death, carried out by military personnel in the many military detention camps
throughout the country (AI 2004; USSD 2008a). An eye-witness account told to Amnesty International
by an Eritrean refugee, gives a glimpse into this brutal reality:
One day while I was in the army, three soldiers were brought in front of us and shot. We
were told they were traitors but we were not told what the charges were. They had no trial
and we didn’t know who they were or what they had done. (AI 2004: 23)
Involuntary disappearances and extrajudicial killings have reportedly taken place in Eritrea on several
occasions. In the immediate aftermath of military liberation of the country in May 1991, reportedly
several hundred people were rounded up from the Dembelass and Qohain areas after being accused of
serving the Ethiopian military junta and being members of the Ethiopian Workers Party.231 To this day,
there is no news of what happened to them or their whereabouts.232
In January 2003, TV-Zete, a television station founded by the Eritrean Action Group in Sweden, an-
nounced the news of a massacre of Eritrean Muslims perpetrated by the Eritrean government on 18
June 1997. The group of 150 civilian Eritreans was rounded up on 23 January 1997, accused of being
collaborators of the Eritrean Islamic movement. Allegedly all of them were executed without trial or
formal sentencing. The killings were part of a retaliation offensive ordered by the chief of the National
Security Office, Abraha Kassa, under the direction of President Isaias Afwerki, after five Belgian PDF page 84
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233Gedab News at Awate.com: ‘The “Executed”: No smoking gun, but plenty of circumstantial evidence’, Gedab Investigative
Report on the alleged massacre of 150 people, 13 March 2003, at: http://www.awate.com/cgi-bin/artman/exec/view.cgi/11/1090/
printer, accessed 4 April 2009.
234Ibid.
235The incident was reported by the Eritrean security officer concerned, Menghesteab Girmay Asres (see above note 221, and
note 358 below). Mr Menghesteab recollects the names of 18 of the 26 killed. I have chosen not to publish the names, but
they may be provided upon request. The specific location of their grave is inside the prison premises of the 25th Regiment,
Intelligence Unit in Mai Dima. The camp is located close to Berakit Mountain, on the way to Obal.
236In the forest area of Enda Azmatch Ucubit, in the environs of a place called DemBe Enda Seqal.
237The names of the victims are: Goitom Solomon (from Adi Quoray); Kiros Haile (from Adi Haber); Tesfai Debessai (from Adi
Haber); and Mengistu W/Gergis (from Adi Yehdug); all from the district of Enda Azmatch Ucubit.
238Reported on the website of the organisation Connection e.V. (International Support of Conscientious Objectors and
Deserters) by the Eritrean People’s Party, ‘Eritrea: The Shoot-to-Kill Heinous Policy Brings the Death of Four Innocent
Teenager Boys’, 11 February 2009, at: http://www.connection-ev.de/z.php?ID=582, accessed 4 April 2009.
tourists were killed in late December 1996, allegedly by the Eritrean Jihadists. An investigation team
by the Eritrean diaspora news site Awate.com has researched the alleged execution of the 150 civilian
Eritrean Muslims. Although much circumstantial evidence exists, it is impossible to conclude definitely
on the massacre due to lack of concrete evidence and the fact that it is impossible to carry out an
investigation into the atrocities in Eritrea.233 However, immediately after the incident of the killings of
the Belgian tourists, several reports about retaliation campaigns against villages in the area. Allegedly,
villagers from Sheab, Gedged and Shebah were rounded up and disappeared – allegedly executed – in
early 1997 by Colonel Osman Bekhit and his squad. Villagers from Seber also disappeared after a raid
by General Wuchu and his men.234
A more recent and equally brutal incident occurred in 2007. As reported to this author, the Eritrean
military executed by poison 26 Kunama prisoners in April 2007 in the Mai Dima detention camp (run
by the Intelligence Unit of the 25th Regiment).235 The Kunama were rounded up as part of the
crack-down on the Kunama resistance front (DMLEK) in the first half of 2007. The detention and
subsequent killing of the detainees was allegedly ordered by a Major General (whose name I have
chosen to withhold), the commander of the Third Operational Zone in Eritrea. Reports about the
massacre were later filed by the officer in charge of carrying out the order (a Major, name withheld) to
the Third Operational Zone and the Ministry of Defence (see chapter 8 for a more detailed discussion
of this case).
Extrajudicial killings take place not only in detention centres and prisons, but also in the context of
everyday life in rural and urban areas. A number of people have been shot near the Sudanese and
Ethiopian borders, allegedly for attempting to cross the border illegally (USSD 2008a). Apparently,
military personnel on the border have standing orders to shoot on sight if people are attempting to
flee the country. For instance, on 31 December 2008, six Eritrean teenage boys trying to cross the
border to Ethiopia in the Mid-Mereb basin (Western lowlands)236 ran into an Eritrean military border
patrol. Five of them were rounded up and after identifying themselves, the soldiers reportedly shot
and killed four of the boys at arm’s length.237 One of the five boys, Tekeste Wolda, who happened to
stand behind the others, was shot lightly on his leg and fell to the ground first. The others fell on top
of him, so the soldiers did not notice that he had survived. Later, Tekeste Wolda, despite his wound,
managed to trek across the Eritrean border into Ethiopia, where he currently is a registered refugee.238
The practice of extrajudicial killings by the Eritrean border patrols was confirmed by many of the
Eritrean refugees interviewed in the Sudan and Ethiopia as part of the research undertaken for this
study. As a consequence of this brutal standing operational order, many innocent inhabitants in the
border areas are killed too. Since many of the people living in the border areas are pastoral nomads,
they are not accustomed to territorial borders as country demarcation lines and may thus be shot
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Furthermore, the government has authorised the use of lethal force against anyone resisting or
attempting to flee during military searches for deserters and draft evaders in the cities; a practice that
reportedly has resulted in many deaths (USSD 2008a). Many individuals were beaten and killed during
these forced recruitment roundups (USSD 2008a), possibly as a strategy to instil fear and compliance
among the group of youth targeted. An Italian diplomat became an eyewitness to a forced conscription
roundup in October 2005 in Asmara, where a young man was shot dead at point blank range. The
diplomat recounts in his own words:239
I was parking my car in the
centre of the town when I saw a
truck on the other side of the
road. On its truck body some
soldiers were pushing twenty or
so boys. I understood that it
was a matter of a raid of young
people to be sent to the
infamous and hated military
training army camp of Sawa. One
of the boys managed to wrestle
himself free from the group and
tried to escape across the road.
He did not reach the other side
before he was hit by a burst of
sub-machine gun fire.
Subsequently a man in uniform
approached the victim and
ended his life with a grace shot.
The body of the boy remained
in the street for over an hour. To
me it seemed like a warning to
those who tries to resist the
orders of the regime.
Italian diplomat
(Author’s translation)
239Corriere Della Sera: ‘Speciale: in fuga dall’Eritrea: Massacri e repressioni’, 25 October 2005, at www.corriere.it/Primo_
Piano/Esteri/2005/09_Settembre/11/speciale_eritrea.shtml, accessed 16 January 2009.
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FINAL REMARKS
There is no doubt that the Eritrean government’s system of detention, the cruel and inhumane prison
conditions, and the practice of torture and extrajudicial killings, are in clear breach of Eritrean national
law and the international human rights obligations to which the government has subscribed. Witness
statements (from individuals fleeing the country) and evidence of this brutal practice are found in
abundance. The Eritrean population is no stranger to mass detention and torture, as the brutal Derg
military regime of Ethiopia also used such a strategy to quell Eritrean resistance towards their
domination. The current human rights atrocities committed by EPLF/PFDJ are probably on a larger scale
than the Derg; but what is worse in societal terms is that this time it is their own liberation leaders
and government – not a colonial regime like Ethiopia – who are committing the violations. The social
and political impact is thus far more devastating upon Eritrean society.
The totalitarian policies of the regime, their denial of any such practices, and their rejection of
international calls for the respect for human rights in Eritrea, makes it impossible to undertake on-the-
ground monitoring and investigation into the widespread and massive occurrences of grave human
rights violations in the country. Thus, human rights violations on a massive scale are sustained and
conducted with impunity. The international community has not taken upon itself the responsibility to
intervene in Eritrea. Considering the scale of the atrocities committed, it may be a legal justification
and foundation for an international humanitarian intervention (through the African Union or United
Nations); however, to this author’s knowledge, this has not yet been either politically or juridical
explored. The responsibility to investigate and press charges against today’s perpetrators must thus
be followed up by the new regime replacing the EPLF/PFDJ sometime in the future.
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6
EVERYDAY LIFE OF
DETENTION AND
DISAPPEARANCES
IN ERITREA:
VULNERABLE GROUPS IN A POPULATION UNDER SIEGE
INTRODUCTION
Memories of the detention and disappearances of loved ones by the brutal Ethiopian military
dictatorship during the war of liberation still linger among the people of Eritrea. However, today those
memories are overshadowed by the current brutal reality: that their own government is even more
ruthlessly vicious than their former enemy.
Despite the fact that there is a fairly adequate legal framework for the protection of basic human
rights in the country (see chapter 1), widespread and systematic violations on a massive scale occur
on a daily basis in Eritrea. Eritrean and international laws prohibit arbitrary arrest and detention, yet
it remains a serious and widespread problem in the country (USSD 2008a). No one knows how many
individuals – men and women, old and young – are kept in detention or under arrest in Eritrea today.
Today, anyone in Eritrea is liable to arrest and detention, irrespective of their age, gender, religion or
ethnicity. Any reason – or no reason at all – may be given for their arrest or detention. PDF page 89
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240Amnesty International, for instance, reports the detention of Suleiman Musa Haji and Sunabera Mohamed Demenam, both
over 80 years old and in poor health (AI 2004).
241Hassen Sheik Feres was a veteran ship’s pilot and captain plying the waters off the Eritrean coast. Under this natural cover,
he was instrumental in smuggling food, medicines, arms and ammunitions from the countries of the region to the Eritrean
coast during the period of the armed struggle.
242Awate.com: ‘Hassen Feres, 82, Arrested in Massawa’, 23 May 2007 (at www.awate.com).
243Including Tewelde Zemichael, Tesfaldet Tewelde and Hadera Kahsu, a medical doctor (AI 2002).
244Mr Taha Mohammed Nur was an early critic of the political developments in independent Eritrea. During an interview with
this author in 1996, as a Constitutional Commission member he expressed a deep concern over the way the constitution-
drafting process was handled (censoring and excluding views and opinions which differed from the EPLF view), and the
monopolisation of power by the EPLF (see chapters 1 and 3).
WHO IS DETAINED AND WHY?
Old age or youth is not an excuse for avoiding detention. Reportedly, detainees of over 80 years of
age and in poor health are held under rudimentary conditions in prisons.240 For instance, 82-year old
Hassen Sheik Feres was arrested by the security forces in May 2007, without any charges. He is held
in high esteem as a veteran liberation fighter for Eritrean independence from the 1960s.241 Reportedly,
just prior to his arrest, he had met President Issias and told him, ‘Fear God and rule justly’, a comment
which apparently was not regarded favourably by the President.242
Children, too, are liable to arrest and detention in Eritrea. Reportedly, children as young as eight or
nine years of age have been detained, with or without their parents. It has also been reported that
child detainees have been sexually abused in prison (USSD 2008a). This is a clear violation of the UN
Convention on the Rights of the Child (Art. 37), which Eritrea has ratified. Although there is a juvenile
detention centre in Asmara, usually children are imprisoned with adult prisoners (AI 2004: 21; USSD
2008a).
Having a trusted, high-profile position, or a distinguished record as a veteran liberation war hero, is
no protection against the arbitrary punitive injustices committed by the government. Most famous and
notable are the eleven top-level government ministers and party officials arrested in the September
2001 clamp-down; all prominent EPLF leaders and veteran liberation war heroes (see below and
chapter 4). However, detentions of top-level EPLF members have occurred since the coming to power
of EPLF in 1991. For instance, General Bitwede Abraha, a founding member of EPLF, was arrested in
1992 and detained without charge for five years, apparently due to a falling-out with President Isaias
Afwerki. He was re-arrested just some weeks after his release, and is reportedly still detained. Having
served over 15 years imprisonment, and for long periods in solitary confinement in a dark cell, he is
believed to have become mentally ill (AI 2004: 9). Furthermore, in the 1993 ‘fighter rebellion’ – when
some sections of the armed forces briefly took over key installations on the eve of independence as a
protest against President Isaias Afwerki’s tendencies to make his own decisions involving all fighters
and Eritreans – several of the officers believed to be the ‘ring leaders’ of the protest were arrested and
are reportedly still secretly detained without charge in Tsetsarat prison (AI 2002: 17).243
The arrest of other distinguished and prominent Eritreans continues; for example, Taha Mohammed Nur
was detained in November 2005. He was one of six founding members of the Eritrean Liberation Front
in Cairo in 1960, the first organised armed resistance to Ethiopian occupation of Eritrea. Taha was also
an EPLF-appointed member of the Constitutional Commission of independent Eritrea, and served as a
commissioner in the five-member Referendum Commission (as its secretary). Throughout his life, Taha
Mohammed Nur fought for Eritrean independence and the well-being of its people – a personal history
which was ignored by the regime. Taha was never released and died in prison in early 2008, when his
family were told to pick up his body from prison, without any explanation given for his death.244
Arrests and detentions can be ordered both with and without any specific reason given. Ordinary civic
protest, not related to any specific ‘sensitive’ political or military matter, may unleash coercive reprisals PDF page 90
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245The following individuals have been identified; Mohammad Nur Hazut, Abubakar al-Haj, Sulaiman Ibrahim Humad, Mo-
hammad Osman Mohammad Ali Ashkaray, Adam Farajalla Elos, Idris Mohammad Fikak, Jemae Karar Mohammad Nur Abilo
(Eritrean Center for Media Services, ‘Eritrean authorities arrest 35 leading personalities in Halal’, 27 December 2006, http://
www.adoulis.com/english/details.php?rsnType=1&id=158, accessed 4 December 2008.
246The Eritrean government seemingly intends a ‘Tigrinyafication’ of lowland territories; where Tigrinya highlanders are given
land rights in non-Tigrinya (lowland) areas. This, notably, has never been reported to happen the other way around, so that
a Muslim lowlander has been given land rights in the Christian highlands.
247Cf. Release Eritrea, press release: ‘Eritrean students imprisoned for refusing to participate in Independence Day
celebrations’, 23 May 2006, at: www.release-eritrea.org.uk/node/45, accessed 9 January 2009.
248This action is a clear violation of Article 18 of the International Covenant on Civil and Political Rights, ratified by Eritrea.
249They include the imam of the main mosque, Siraj Ona Ali; Awqaf leader and director of the Islamic Institute, Mohammed
Saleh Abdella; a teacher and member of the Awqaf committee, Suleiman Ali; and a town dignitary, Pasha Mohammed
Suleiman.
250Information given to the author by the Awate team; personal communication, 2 April 2009.
251All Eritreans between the ages of 18 and 40 (both men and women) are required to undertake national service (6 months
of military training and 12 months of ‘construction work’). Since the Eritrean-Ethiopian war of 1998-2000, the national service
has become neverending, as – due to the general full mobilisation of society – all recruits are kept under military command.
Thus, individuals who enlisted for national service in 1998 are still serving in the army a decade later! The national service
personnel is also used as forced labour for both public construction work and on the private enterprises of high-ranking
military officers.
252For instance, the militarisation of the system of higher education in the country, and the abolition of Asmara University.
from the authorities. For instance, reportedly 35 men (and two women who were later released) of
high local standing were detained in the village of Halhal (close to Keren) on 27 November 2006.245
They had allegedly been protesting against the distribution of land plots to individuals who were not
residents of the area, a protest not accepted by the local authorities.246 Furthermore, on 16-17
September 2006, in one coordinated operation, police reportedly arrested more than 2000 persons at
several nightclubs in Asmara. The US State Department reports that in one of the nightclubs, police
‘surrounded the club, entered, and began to check the identification cards of those inside. After
initially arresting only specific individuals, police changed their approach and arrested without charge
everyone inside the club – approximately 250 persons – using sticks and threats to control the crowd’
(USSD 2007a). No trials were carried out in relation to the mass arrest, and most of those detained
were subsequently released on bail.
In May 2006, reportedly 54 college students were imprisoned for refusing to participate in
Independence Day celebrations.247 The group, all evangelical and Pentecostal Christians, refused to
participate in the state-organised activities marking Independence Day as they felt it was contradictory
to their faith. Such an action is challenging to the extreme nationalistic ideology and praxis of the
regime and is thus not taken lightly. For this ‘disobedience’, they were detained and allegedly suffered
punitive measures for over ten days.248
Muslims are also arbitrarily targeted. For instance, on 13 and 14 August 2008, over 30 Muslim elders,
community and religious leaders were reportedly arrested in Senafe town and surrounding villages.249
No reason was given for their arrest, no formal charges have been made, and their whereabouts are
still unknown as this is written.250
Mass arrest and collective punishment has become a common phenomenon in Eritrea. This is in
particular related to preventing and punishing protests against the government’s militarisation of
society in general, and its much-hated national service campaign.251 After the 2000 peace agreement
with Ethiopia, the Eritrean people looked forward to a general demobilisation of the army, and a return
to ‘normality’ and civilian rule in the country. However, with the sustained full mobilisation and
increasing militarisation of society,252 people began to protest against and evade recruitment to
the compulsory national service programme. As the protests spread, the government broadened its
strategy and in 2005 started to detain and arrest relatives of draft evaders and escapees to prevent
people fleeing. The authorities have no legal instrument that could justify such action (USSD 2007a). PDF page 91
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Furthermore, collective punishment is in itself a violation of Article 14 of the International Covenant
on Civil and Political Rights, ratified by Eritrea. Since 2005, thousands of mothers and fathers, sisters
and brothers, of draft evaders and escapees have been arrested throughout Eritrea. For instance,
reportedly around 179 women and 26 men were detained on 24 October 2005 in the highland town of
Dekemhare. The targets were parents whose children had fled the country over the last several years.
If a parent was not found, the eldest available brother or the closest adult relative was detained. This
wave of arrests followed earlier clamp-downs in the region.253 Furthermore, over 500 relatives, mostly
parents, of young men and women who have avoided conscription or deserted the army, were
reportedly arrested and held under harsh conditions in Asmara in late 2006 (USSD 2007a). As the
flight of Eritrea’s young men and women today has reached about 2000 per month, the regime has
reportedly ceased the practice of arresting parents or relatives of the escapees, as this would have
implicated an unmanageably large share of the population of the country.254
Residents of villages west of the town of Najfa (Agaraa, Falket, Dejaya, and Gen) were prevented from
farming and carrying out their jobs, reportedly due to local resistance towards the government military
recruitment campaigns, in addition to refusal to celebrate Independence Day and commemorate
Martyr Day. According to the Eritrean Constitution (Art. 19.1), every person has the right to freedom
of thought, conscience and belief; also in cases which contravene ‘official policy’. This constitutional
principle is ignored by the Eritrean government, which considers such actions as undue criticism and
disobedience, warranting collective punishment in retaliation.255
PARTICULARLY VULNERABLE GROUPS AND INDIVIDUALS
Due to the enormity of human rights abuses in Eritrea, which affects the whole population, it may
be difficult to single out certain individuals or groups which are more at risk for attack than the
population at large. Nevertheless, certain groups of individuals are directly targeted by the government
and exposed to grave human rights violations due to their particular status, profession or background.
These prejudiced practices are partly a manifestation of the ideological underpinnings of the EPLF/
PFDJ (stressing a militant nationalistic ideology), but is also somewhat arbitrary, as all ‘new’ groups
perceived as a threat to the regime’s power will routinely be sanctioned.
National service personnel and military conscripts
National service personnel and military conscripts, or youths liable to be called for national service,
are in an extremely precarious situation. At independence, the leadership of the Eritrean defence forces
was commended for its high morale and work ethic; high-ranking officers served without payment and
special privileges, on the same footing as rank-and-file soldiers. Today, however, the Eritrean military
leadership has reportedly become totally corrupted. Many of the army officers are extremely volatile
and unaccountable in their execution of power. Since Eritrea is run as a military dictatorship, there are
no checks and balances to the omnipresent power of the military leadership. In order to maintain its
hegemonic position, the military leadership heavy-handedly cracks down upon all signs of dissent or
questioning of its powers and no reasons whatsoever are tolerated to be excused from serving in the
military.
253Eritreans for Human Rights and Democracy, ‘Hundreds more of Eritrean parents arrested in the Southern Region’, 26
October 2005, at http//ehdr.org.uk/NE-26Oct05.htm.
254Information given to the author by the Awate team; personal communication, 2 April 2009.
255Eritrean Center for Media Services, ‘Collective punishment against areas west Nakfa and arrest of a Liberation War
wounded’, 20 June 2006 (www.adoulis.com).PDF page 92
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National military service is compulsory in Eritrea, and there are no provisions for conscientious
objectors.256 According to law, Eritrean individuals between the age of 18 and 40, both men and
women, must undertake national service for at least one and a half years (six months basic military
training and one year of national service).257 However, allegedly the upper age limit today is 50 years,
and numerous cases of underage conscription are reported, making Eritrea one of few countries in the
world that officially use child soldiers.258
Since the start of the Eritrean-Ethiopian war in 1998, national service recruits have been kept in the
army for an indefinite period, as no demobilisation has taken place. The legal penalty for evading
conscription or assisting in it is two years’ imprisonment (as per the National Service Regulations of
1995). Amnesty International reports, however, that in practice offenders are being punished by their
local commanding officers without any form of trial, legal recourse or opportunity to appeal or redress.
The forms of punishment may vary, but usually consist of torture and arbitrary detention for an
indefinite period (AI 2004: 23). Such a practice is unlawful and a clear violation of human rights (IC-
CPR Arts. 7, 8, and 9), however, it appears that no army officer has ever been investigated or punished
for employing them.259
Reportedly, many hundreds, if not thousands, of military service personnel are held in arbitrary
detention without charge or trial (AI 2004: 23). Many of these are possible conscientious objectors,
others are prisoners of conscience and individuals protesting against the brutality and destructiveness
of the militarisation of society in Eritrea. Investigation carried out by Amnesty International reveals
that there are a number of reasons for the arrest and detention of military conscripts (AI 2004).260
Due to the brutality of the military service, many try to evade conscription by all possible means, also
fleeing the country.261 Thus, a number of individuals are detained while trying to evade conscription.
Others have been arrested on opinion-based political grounds, such as criticising government policies
or resisting military mobilisation and the conduct of war, and requesting demobilisation and a return
to civilian life. Expressing support for democratic reforms has also led to arrests. Conscripts have also
been detained for congregating in prayer meetings (AI 2004: 16). Some female conscripts have also
reportedly been detained for rejecting sexual requests by officers (AI 2004: 26).
In interviews carried out by this author in the Eritrean refugee camps in eastern Sudan and in the
Shimelba camp of Tigray in Ethiopia, dozens of former military conscripts and national service
256The right to conscientious objection to military service is not unequivocally supported by international law. Amnesty
International argues that the right to conscientious objection is inherent in the rights to freedom of opinion and belief set
out in Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (AI
2004). Furthermore, paragraph 5 of resolution 1998/77 of the Commission on Human Rights emphasises that states should
take the necessary measures to refrain from subjecting conscientious objectors to imprisonment. However, the International
Covenant on Civil and Political Rights does not explicitly refer to a right to conscientious objection. Article 8.3.c.ii inserts a
certain ambiguity into this matter, which the UN Human Rights Commission has also elaborated (see ICCPR General Comment
No. 22 on Art. 18 para 11, at http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/9a30112c27d1167cc12563ed004d8f15?Opendocume
nt). In the case of Eritrea, however, according to the UN Special Rapporteur on freedom of religion or belief, ‘Imprisoning
conscientious objectors for more than 13 years is clearly a disproportionate measure which violates the individuals’ right to
freedom of thought, conscience and religion as laid down in A/HRC/7/10/Add.1 page 26 article 18 of the Universal Declaration
of Human Rights as well as article 18 of the International Covenant on Civil and Political Rights (ICCPR)’ (cf. Human Rights
Council, A/HRC/7/10/Add.1, 28 February 2008, Seventh session, Agenda item 3).
257See the National Service Regulations, Proclamation 82/1995, Eritrean Gazette, 23 October 1995.
258Information given to the author by the Awate team; personal communication, 2 April 2009.
259Offences committed by conscripts and other members of the armed forces are in theory subject to military law, for which
penalties are set out in the former Ethiopian penal code which was adopted in a modified version by Eritrea at
independence (AI 2004).
260Some of these are arrested for ‘regular’ military offences punishable under military law, such as being absent without leave
or disobeying an order, which may be due process and not a human rights violation.
261In 2008, about 700 and 400 Eritreans fled to the Sudan and Ethiopia respectively every month, the absolute majority of
them national service personnel. In 2007, 14,100 new claims were registered in Sudan and 7800 in Ethiopia (UNHCR 2008).
In 2009, however, the number of people fleeing the country has reportedly increased to about 2000 per month. PDF page 93
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personnel reported eye-witness accounts of human rights abuses, corroborating the findings of
Amnesty International. For instance, a 28-year old law graduate from Asmara University, who fled
the country in 2007, explained how the system operates in the army:
Whenever they conduct a meeting or a course of instruction, the commanding officers expect
opinions and reactions from the soldiers. Whenever a person speaks out against the
government leadership, or questions policy or strategy, no immediate action will necessarily
be taken. But later at night they will come and pick them up and take them away for
torture and detention. Many of my fellow soldiers disappeared in this way during night
time.262
Adherents of prohibited churches and religious organisations
Adherents of prohibited churches and religious organisations are constantly persecuted and restricted
from practising their faith, which constitutes a clear violation of Article 18 of the International Covenant
on Civil and Political Rights, ratified by Eritrea. Individuals belonging to churches and sects not
officially approved and sanctioned by the government are likely to be arrested en masse if they
congregate, and are likely to be exposed to torture and inhumane and degrading treatment.263
The EPLF, as a Marxist-Leninist inspired liberation front, was a secular organisation which established
independent Eritrea as a secular state. Today, only four main religions are officially recognised and
allowed to organise and practise their beliefs (albeit controlled and under surveillance by the
government): the Eritrean Orthodox Church (about 30 per cent of the population); the Eritrean Catholic
Church (about 13 per cent of the population); the Evangelical Church of Eritrea (Mekane Yesus); and
Islam of the Sunni rite (about 50 per cent of the population).264 Although officially allowed to operate,
their adherents may still risk government harassment and detention due to faith-based practices.
In addition to these four main religions, there are at least twelve smaller Christian denominations
(totalling about 2 per cent of the population), mostly Pentecostal and evangelical in their orientation
(generally known as pentes). These include the Jehovah’s Witnesses (1600 members in the country),
the Mullu Wongel Church, the Rhema Church, the Kale Hiwot Church of Eritrea, Meseret Christos Church
and the Hallelujah Church. There are also small congregations of Buddhists, Hindus, and Baha’is, in
addition to followers of traditional beliefs (USSD 2008b).
There are various reasons to explain why Christians and members of other non-recognised religious
communities are persecuted in Eritrea. For instance, Jehovah’s Witnesses were victimised more or less
immediately after the military liberation of Eritrea, since they do not engage in politics. As they refused
to register to vote in the 1993 referendum on independence, they were targeted and harassed and
sanctioned by the EPLF government from 1992 and onwards. Their denial, on the grounds of faith, to
enrol in the national military service programme which was launched in 1994 further aggravated the
EPLF which subsequently stripped the Jehovah’s Witnesses of their citizenship rights by Presidential
decree in October 1994 (AI 2004: 14).265 Three Jehovah’s Witnesses who refused the first call for
262Interviewed in Khartoum, 20 April 2008 (name withheld).
263See UN Commission on Human Rights, E/CN.4/2006/6/Add.1, 21 March 2006, Sixty-second session, Agenda item 11(a);
UN Commission on Human Rights, E/CN.4/2006/5/Add.1, 27 March 2006, Sixty-second session, Agenda item 11; UN Human
Rights Council, A/HRC/4/21/Add.1, 8 March 2007, Fourth session, Agenda item 2; Amnesty International, ‘Eritrea: Religious
Persecution, (AFR 64/013/2005), 7 December 2005; Voice of the Martyrs, ‘Eritrea: Police arrest 150 more Christians’. See also
the comprehensive, compiled information reproduced by Howard Huges in the unpublished report ‘Power versus Prayer:
Religious Presecution in Eritrea’, May 2007. See also US State Department’s annual country reports on international religious
freedom.
264Number of adherents according to US State Department (USSD 2008b).
265To withdraw citizenship rights from the Jehovah’s Witnesses is a clear violation of Article 16 of the ICCPR: ‘The recognition
of Legal Personality’. PDF page 94
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266They are Paulos Iyassu, Isaac Moges and Negede Teklemariam (AI 2004).
267Human Rights Council, A/HRC/7/10/Add.1, 28 February 2008, Seventh session, Agenda item 3.
268Statement issued by the Ministry of Internal Affairs in March 1995 (AI 2004).
269IRIN news: ‘ERITREA: Interview with Yemane Gebremeskel, Director of the President’s Office’, Asmara, 1 April 2004: http://
www.irinnews.org/Report.aspx?ReportId=49359, accessed 6 January 2009.
270Cf. UN Commission on Human Rights, E/CN.4/2005/61/Add.1, 15 March 2005, Sixty-first session, Agenda item 11(e).
271Interview by Edmund Sanders: ‘Q and A with President Isaias Afwerki’, Los Angeles Times, 2 October 2007.
military service have been held in incommunicado detention in Sawa military training centre since 24
September 1994.266 The UN Special Rapporteur on freedom of religion lists 25 Jehovah’s Witnesses
detained ‘solely on the basis of their religious beliefs’.267 The particular history of the Jehovah’s
Witnesses in Eritrea has indicated that the government singled them out ‘for particularly harsh
treatment’ (USSD 2007b).
The Eritrean government denies that there are any restrictions on religion per se, and argues that the
Jehovah’s Witnesses are themselves to blame since they ‘refuse to accept the Government of Eritrea
and the laws’.268 Government spokesperson and senior cadre Yemane Gebremeskel explained that
since the Jehovah’s Witnesses ‘publicly said they don’t recognise the temporal government and the
government’s response was, okay, if they do not recognise the temporal government, the government
will also not recognise them’.269 The statement exposes the political immaturity of the EPLF/PFDJ in
handling civilian governmental affairs. In a formal response to an inquiry by the UN Special Rapporteur
on freedom of religion or belief, the Eritrean government claims that the Jehovah’s Witnesses are not
being arrested due to their religious beliefs, but because they refused to participate in the national
service programme, which is compulsory and universal in Eritrea.270
After the general political crack-down in September 2001 (see chapter 4), the Eritrean government put
further restrictions on the freedom of religion and belief. For instance, it is now prohibited to hold a
prayer meeting or to keep a Bible or the Koran in military camps, restricting about 350,000 military
service personnel their constitutional right to worship. In May 2002 the government ordered the
closure of all religions and churches apart from the main four faiths, and decreed that all religious
groups needed to register in order to operate in the country. According to the US State Department,
however, the Eritrean government failed to register religious groups who were willing to do so and
infringes upon the independence of groups who are registered (USSD 2008b); this again is a violation
of Article 18 of the ICCPR.
President Isaias Afwerki has rejected criticism of the policy to register religious groups. In a recent
interview he explained his view on new religious groups in the following manner:
There is no restriction on religion. What’s new about the Bible that you want to teach me?
What is new about the Koran? I say there is nothing new. Extremists who want to use Islam
as a political end for their ambitions should be asked that simple question. What do you
want to do with this ideology? I say it’s a pretence of using religion for ulterior aims.
Religion is by default restricted because you have nothing new to teach me. You do not have
the right to impose your beliefs on another person. That creates discord and confusion in
the society. Government is there to guarantee everyone is respected. I don’t believe that’s a
restriction.271
Since early in 2003 there has been active persecution of members of Christian minority religions which
still continues as this is written. For instance, on 28 May 2005, Eritrean security forces arrested a
whole wedding party of over 200 people, including the bride and groom, in Asmara. All those arrested
were members of the banned Meserete Christos Church. Several detainees were released the next day, PDF page 95
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but the majority remained in custody.272 Furthermore, on 29 April 2007, the Mehrete Yesus Evangelical
Presbyterian Church in Asmara was raided by the police during a service, and the pastor of the church
(Zecharias Abraham) and 77 other persons attending the service were arrested.273 There are also re-
ports of forced recantations of faith during torture (USSD 2008b).
The new government directive that requires all churches and religious communities to register in order
to operate legally is used as a formal reason to crack-down upon ‘non-registered’ churches. The
Eritrean government responded, upon an inquiry by the UN Special Rapporteur on freedom of religion
or belief, that members of the Rhema Church and other Christians were detained because they had
‘deliberately, contemptuously and provocatively disobeyed the decision of the Government that no
religious group could operate until after they had registered with, and acquired a permit from, the
Government in accordance with the existing law’.274 Like most authoritarian regimes, the Eritrean
government at times uses a legalistic approach to ‘justify’ its own human rights-violating practices.
In 2008, reportedly more than 3225 Christians from unregistered groups were detained in prison;
including 37 leaders and pastors of Pentecostal churches, some of whom have been under detention
for more than three years without due process of law (USSD 2008b).275 The arrest of Christians in
Eritrea continues as this is written, and in December 2008 it was reported that the country’s most
senior paediatrician, Dr Michael Mehari, had been arrested among many other senior members of
evangelical churches in Eritrea.276
In 2006 the US State Department redesignated Eritrea a ‘Country of Particular Concern’ under the
International Religious Freedom Act for particularly severe violations of religious freedom (USSD
2008b). In 2008, the US State Department observed that the situation for the freedom of religion and
belief had further deteriorated, and listed Eritrea – together with North Korea and Iran – as ‘among the
world’s leading violators of religious freedom’. The US ambassador responsible for overseeing religious
freedom in the world stated: ‘Eritrea has an abysmal record of abuses – arresting, detaining, torturing
and even killing some of its citizens for attempting to worship outside the four officially-approved
religious groups’.277
The UN Special Rapporteur on torture and other cruel, inhumane or degrading treatment or
punishment, has, for instance, reported that two detained members of the banned Christian Rhema
Church, Immanuel Andegergesh and Kibrom Firemichael, were tortured to death in 2006 in order to
make them abandon their faith.278 Open Door International reported in early 2009 that three Christians
had died in prison due to torture during the last four months, bringing to eight the total number of
Christians known to have died while imprisoned due to their faith.279
272Cf. UN Commission on Human Rights, E/CN.4/2006/5/Add.1, 27 March 2006, Sixty-second session, Agenda item 11.
273Amongst those arrested were two US citizens and a number of Indian teachers working in Eritrea. The US citizens were
released on 3 May 2007 while the rest remained in detention at an undisclosed location, according to the UN (cf. Human
Rights Council, A/HRC/7/10/Add.1, 28 February 2008).
274Cf. UN Commission on Human Rights, E/CN.4/2005/61/Add.1, 15 March 2005, Sixty-first session, Agenda item 11(e).
275The exact number of people arrested due to their faith is impossible to calculate and estimates vary. Open Doors Inter-
national (a Christian rights-based organisation), for instance, claims that in mid-December 2008, 2907 Christians were held
in detention in Eritrea due to their faith (Open Doors International: ‘Christian deaths mount in Eritrean prisons’, 21 January
2009, at: http://www.opendoorsusa.org/content/view/902/139/, accessed 23 January 2009.
276Cf. Release Eritrea: ‘Eritrean authorities arrest the country’s most senior paediatrician on the count of his Christian faith’, 19
December 2008, at: www.release-eritrea.org.uk/node/67, accessed 9 January 2009.
277US Ambassador-at-Large for International Religious Freedom, John Hanford. See also David Gollust: ‘US Religious Freedom
Report faults North Korea, Eritrea, Iran’, 19 September 2008, Voice of America news website, Washington DC, at: http://www.
voanews.com/english/archive/2008-09/,, accessed 22 January 2009.
278UN Human Rights Council, A/HRC/4/33/Add.1, 20 March 2007, Fourth session, Agenda item 2. See also UN Human Rights
Council, A/HRC/4/21/Add.1, 8 March 2007, Fourth session, Agenda item 2.
279On 16 January 2009, Mehari Gebreneguse Asgedom, a member of the Church of the Living God in Mendefera, died at the
Mitire military confinement centre from torture and complications from diabetes; Mogos Hagos Kiflom (aged 37), a memberPDF page 96
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of Rema Church, was also tortured to death in Mitire military confinement centre (exact date unknown); and Teklesenbet
Gebreab Kiflom (aged 36), died in October 2009 while imprisoned for his faith at the Wi’a military confinement centre (Cf.
Open Doors International: ‘Christian deaths mount in Eritrean prisons’, 21 January 2009, at: www.opendoorsusa.org/content/
view/902/139/, accessed 23 January 2009.
280Jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on freedom of
religion or belief and the Special Rapporteur on the question of torture.
281The Eritrean government has not responded to any of the concerns expressed by the UN Special Rapporteur. Human Rights
Council, A/HRC/7/10/Add.1, 28 February 2008, Seventh session, Agenda item 3.
282The UN Special Rapporteur on freedom of religion and belief has, furthermore, made the following observation in relation
to the Eritrean case in her 2005 report to the UN General Assembly (A/60/399, para. 50), with reference to international hu-
man rights norms and to the mandate practice concerning ‘Freedom from Coercion’ (para. 1, category I.2): ‘The fact that the
prohibition of coercion was made explicit shows that the drafters of the Covenant found the freedom provided by paragraph
1 to be so significant that any form of coercion by the State was impermissible, independently of whether the coercion was
physical or in the form of State-sponsored incentives. According to the Human Rights Committee: “Article 18.2 bars coercion
that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanc-
tions to compel believers or non-believers to adhere to their religious beliefs and congregations to recant their religion or
belief or to convert. Policies or practices having the same intention or effect, such as, for example, those restricting access
to education, medical care, employment or the rights guaranteed by article 25 and other provisions of the Covenant, are
similarly inconsistent with article 18.2” (general comment No. 22, para. 5).’ Furthermore, the Special Rapporteur would also:
‘like to make reference to her framework for communications, more specifically to the international human rights norms and
to the mandate practice concerning ‘Freedom to worship’ (see above para. 1, category I. 3. a). As she noted in her 2005
report to the Commission on Human Rights, ‘members of religious communities or communities of belief, whenever they
find themselves in places of worship, are in a situation of special vulnerability given the nature of their activity. The Special
Rapporteur is therefore of the opinion that States should pay increased attention to attacks on places of worship and ensure
that all perpetrators of such attacks are properly prosecuted and tried.’ (E/CN.4/2005/61, para. 49). Cf. UN Human Rights
Council, A/HRC/4/21/Add.1, 8 March 2007, Fourth session, Agenda item 2.
283Interviewed 29 April 2008, in Shimelba Refugee Camp, Tigray, Ethiopia.
The UN Special Rapporteur on freedom of religion or belief280 in 2007 sent a communication of concern
to the Eritrean government stressing that: ‘The right to freedom to worship is not limited to members
of registered religious communities, since registration should not be a precondition for practising one’s
religion, but only for the acquisition of a legal personality and related benefits’.281
It is thus clear that the active religious persecution conducted by the Eritrean government is in
violation of Article 19.4 of the Eritrean Constitution, which states: ‘Every person shall have the freedom
to practise any religion and to manifest such practice’. Furthermore, the Eritrean government
contravenes a wide area of international human rights clauses, as for instance, Article 18(2) of the
ICCPR, which provides that ‘[n]o one shall be subject to coercion which would impair his freedom to
have or to adopt a religion or belief of his choice’. Furthermore, Article 6 of the 1981 Declaration on
the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief is also
violated, as it provides that the right to freedom of thought, conscience, religion or belief includes
the freedom: ‘(a) To worship or assemble in connection with a religion or belief’.282 Finally, the basic
freedom of religion or belief, as established in Article 18 of the Universal Declaration on Human Rights
(UDHR), is regarded as customary international law and thus binding even upon states that have not
ratified all relevant international human rights conventions. The Eritrean government has routinely
rejected or ignored all criticism and calls from international agencies in relation to its violation of
religious freedom in the country.
Individuals from the Kunama ethnic group
Individuals from the Kunama ethnic group are in danger of being persecuted due to their ethnicity
(see chapter 8 for an elaboration of the Kunama case; and chapter 7 for elaboration on EPLF/PFDJ’s
minority rights policies). The particular history of the Kunama minority group – perceived as supportive
of the Ethiopian state during the Eritrean liberation war – has collectively stigmatised the Kunama in
the eyes of the fiercely nationalistic Eritrean government.
According to Kunama representatives, discrimination against the group was immediately felt after the
EPLF take-over in May 1991.283 At least 55 Kunama, serving as civil administrators under the Ethiopian PDF page 97
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government, were arrested in May 1991. None of the 55 persons have been released or even seen
since then, and it is unclear if any formal charges have been pressed, or any trials held (BIA 2008: 44).
The outbreak of a new war between Eritrea and Ethiopia in May 1998 further escalated the already
tenuous relations between the Kunama and central Eritrean authorities, as it revived the image of the
Kunama as Ethiopian collaborators and spies. Unlike people of other ethnic groups, the Kunama did
not flee their home villages when the Ethiopian forces occupied Eritrean territory during the war. They
remained in their villages and the majority ignored the Ethiopian presence. The Eritrean authorities
thus accused the Kunama first of failing to resist the Ethiopian military offensive, later of allegedly
assisting the Ethiopians and showing them secret unguarded border-crossing points on the Mereb river
(Naty 2001: 588; Gilkes 2005: 237). An unknown number of Kunama were consequently detained in
the aftermath of the 1998-2000 war, on suspicion that they were welcoming the Ethiopian advances
into Eritrean territory (AI 2004: 11; USSD, 2003). The existence of the Kunama resistance movements,
the Democratic Movement for the Liberation of the Eritrean Kunama (DMLEK) and the Eritrean
Democratic Resistance Movement-Gash Setot (EDRM, also called Sawrawi Baito),284 and Ethiopia’s
support for their politico-military operations, has furthermore reinforced such a view among
highlanders and the Eritrean government.
More than 4000 Kunama fled the country to Ethiopia in fear of persecution in the aftermath of the
Eritrean-Ethiopian war in 2000.285 Allegedly, at the beginning of 2007 a special security retaliation
operation was ordered against the Kunama, in which over 300 persons were detained, accused of
being sympathisers of the Kunama resistance front. According to a defected Eritrea intelligence officer,
the Kunama detainees were tortured and mishandled, and later 26 of them were killed in prison by
poison (see chapter 8).
The Eritrean Constitution states that ‘all persons are equal under the law’ (Art. 14.1) and emphasises
that no person may be discriminated against on account of race, ethnic origin, or language (Art. 14.2).
A similar prescription is found in ICCPR (Art. 2.1), which Eritrea has ratified. It seems clear that the
Eritrean government is violating its own Constitution and international law with its apparent
discriminatory practice. It may also be argued that their policies are in contradiction to minority rights
guarantees, as enshrined in Article 27 of the ICCPR.
Returned refugees and asylum seekers
Returned refugees and asylum seekers, immediately upon arrival in Asmara, are detained, usually
incommunicado, and possibly tortured. To have fled Eritrea and applied for asylum in another country
is considered a form of treason by the Eritrean government; thus returnees are treated accordingly,
despite the fact that this is a violation of both the Eritrean Constitution (Art. 19.9) and the ICCPR
(Art. 12.2) which prescribes that everyone shall ‘be free to leave any country, including his own’. The
brutal handling of Eritrean returnees was brought to light in 2002 when Malta forcibly deported over
200 Eritrean refugees back to Eritrea. Upon arrival in Asmara, they were all immediately detained, as
explained by one of the returnees who later managed to escape imprisonment and flee the country
once again:
When we landed at Asmara, the airport was quiet. The Maltese handed us over. There were
no relatives meeting us. When the Maltese plane left, the soldiers took us in a military bus
284UK Home Office fact-finding mission to Eritrea, 4–18 November 2002 (BIA 2008).
285On the grounds of their particular collective motivation for fleeing and the risk of returning to their country of origin, all
of the more than 4000 Eritrean Kunama in the Shimelba refugee camp were granted the right of resettlement in the United
States as a group (CORC 2007). PDF page 98
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286UN News Centre: ‘UN human rights chief urges Egypt to stop deporting Eritrean asylum-seekers’, 19 June 2008; Reuters:
‘Egypt deports 10 more Eritreans - airport sources’, Cairo, 18 January 2009.
287Amnesty International, ‘Egypt: Further information on forcible return/Fear of torture or other ill-treatment’, MDE
12/018/2008, 7 August 2008. See also the comprehensive Amnesty International report on Egypt’s treatment of African
refugees (AI 2008a).
288Human Rights Watch: ‘Egypt: Stop deporting Eritrean asylum seekers’, 8 January 2009, at: www.hrw.org/en/
news/2009/01/08/egypt-stop-deporting-eritrean-asylum-seekers, accessed 9 January 2009.
289European Court of Human Rights: Application no. 37201/06, Saadi v. Italy, 28 February 2008.
290Amnesty International, Urgent Action 145/08 (AI index: AFR 64/002/2008), 29 May 2008.
291On a score from 1 to 100 (where 1 is best), Eritrea receives 97.5 points (on the other end of the scale Iceland, Luxembourg
and Norway score 1.5 points). Cf. Reporters Without Borders: Press Freedom Index 2008, at: www.rsf.org/article.php3?id_
article=29031, accessed 9 January 2009.
292International Press Institute: ‘World Press Freedom Review 2007: Eritrea’, at: www.freemedia.at/cms/ipi/freedom_detail.
html?country=/KW0001/KW0006/KW0154/, accessed 9 January 2009.
to Adi Abeto prison. The women, girls and children were separated. There were interrogation
rooms and we were called one at a time, with two guards, one asking the questions, the
other doing the beating. (AI 2004: 30).
The women, children and those over the age of military conscription (40 years) were reportedly
released after some weeks of detention, while the rest were sent to different detention centres in
Eritrea and kept incommunicado and ‘subjected to forced labour, interrogated and tortured (e.g. by
beating, tying up and exposing to sun …)’ (UNHCR 2004: 6). Of the original 233 persons forcibly
returned to Eritrea, 180 were imprisoned for a longer period, of whom 30 later managed to escape
to Sudan. Reportedly, some Malta detainees were released from prison in 2006, while an unknown
number have died in detention or have been killed while trying to escape since their incarceration in
2002 (USSD 2006).
The deteriorating human rights situation in Eritrea, and the treatment of the Malta deportees, led the
UNHCR to issue a separate position paper on the ‘Return of rejected Asylum seekers to Eritrea’ in
January 2004, recommending that ‘states refrain from all forced returns of rejected asylum seekers
to Eritrea and grant them complementary forms of protection instead’ (UNHCR 2004: 6). However,
several countries have continued to deport rejected asylum seekers and refugees back to Eritrea. In
June 2008 up to 1200 Eritrean asylum-seekers were forcibly returned to Eritrea from Egypt, despite an
urgent appeal to cease deportations by the UN High Commissioner for Human Rights.286 Apparently
returned women with children and those who were pregnant were released after some weeks in
detention.287 However, as of December 2008, at least 740 of the returnees were still imprisoned under
harsh conditions in military detention facilities throughout Eritrea.288 European states also overlook the
UNHCR recommendation not to return rejected asylum seekers to Eritrea, despite a recent landmark
ruling by the European Court of Human Rights reaffirming the absolute prohibition on returning people
to countries known to practise torture.289 For instance, German immigration authorities forcibly returned
Yonas Haile Mehari and Petros Aforki Mulugeta to Eritrea on 14 May 2008. Neither man has been seen
since their arrival in Asmara.290
Journalists
Journalists, as defenders of human rights, are annihilated in Eritrea. The ‘horrifying state of affairs’ in
relation to press freedom in the country led Reporters Without Borders, for the first time, to rank
Eritrea last (as number 173) in its 2008 worldwide press freedom index, after North Korea.291 In 2007,
the International Press Institute characterised the developments in Eritrea as so dire that the nation
was singled out as the year’s ‘most egregious suppressor of press freedom’.292 The reality today is that
the only news serving Eritrea is the diaspora media outlets, communicating news to Eritrea through
radio and television broadcasting, and the internet.
All independent press in the country was shut down as part of the September 2001 crack-down (see PDF page 99
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chapter 4), since it was accused by the government of contravening the 1996 Press Law (AI 2002: 10).
Reportedly, thirteen leading editors and journalists were arrested in the operation,293 but no formal
charges have been made (RWB 2008). The harsh conditions in the prison have supposedly led to the
death of four of the journalists, the latest being Fessehaye Yohannes (known as ‘Joshua’) who
reportedly died on 11 January 2008 (RWB 2008: 12).294
The last permanent foreign correspondent was expelled from Eritrea in 2004,295 and journalists trying
to enter the country are either denied a visa or are closely monitored by the Ministry of Information.
Journalists working for the remaining government media are also being targeted. Government news-
papers and broadcasting facilities in Eritrea have become ‘Soviet-style instruments of propaganda’,
directly monitored, controlled and censored by the Minister of Information, Mr Ali Abdu (RWB 2008:
12).296 Government journalists are forced to publish whitewashing reports about developments in
the country, and conceal all criticism of the prevailing extremely dire social, economic, and political
conditions under which the population is suffering. This led the UN Special Rapporteur on freedom
of expression and opinion, jointly with the Chairperson-Rapporteur of the Working Group on Arbitrary
Detention, to send an urgent appeal in November 2006 to express ‘grave concern’ at the ‘series of
arrests which may be an attempt to intimidate their media related work. This concern is aggravated by
the high number of currently detained journalists in Eritrea, which reportedly numbers at least 22’.297
The Eritrean government habitually neglects to respond to the inquiries and criticisms raised by the
Special Rapporteur.
The dire situation has prompted many government journalists to flee Eritrea, as they can no longer
tolerate the blanket censorship on the current state of affairs in the country. In November 2006, nine
state media staff were arrested on suspicion that they would flee the country, after several other
renowned government journalists had managed to escape.298 All of them were reportedly beaten and
tortured during detention (RWB 2008: 13). Other government journalists have been arrested while
trying to flee the country, such as Eyob Kessete (a journalist with the Amharic service of the state
radio Dimits Hafash) and Johnny Hisabu (editor with Eri-TV), both caught trying to leave the country
293Amnesty International has published short biographies of ten of the arrested editors/journalists (AI 2002): 1. Said
Abdulkadir, Chief editor and founder of the newspaper, Admas; also employee of the Ministry of Information’s Arabic-language
newspaper, Haddas Eritrea; aged 34. 2. Yosuf Mohamed Ali, Chief editor of the newspaper, Tsigenay; business studies
graduate; aged 45. 3. Amanuel Asrat, Chief editor of the newspaper, Zemen (‘Time’); EPLF member since the 1970s. 4.
Temesgen Gebreyesus, Sports reporter on the newspaper, Keste Debena (‘Rainbow’); amateur actor; aged 36. 5. Mattewos
Habteab, Editor of the newspaper, Meqaleh (‘Echo’); mathematics graduate, University of Asmara; aged 30. 6. Dawit
Habtemichael, Assistant chief editor and co-founder of the newspaper, Meqaleh; physics graduate, University of Asmara; full-
time science teacher employed by the Ministry of Education; aged 30. 7. Medhanie Haile, Assistant chief editor and co-founder
of the newspaper, Keste Debena; law graduate, University of Asmara; full-time employee of the Ministry of Justice; aged 33.
8. Dawit Isaac, Editor and co-owner of the newspaper, Setit; dual Eritrean and Swedish citizen as a result of being granted
asylum in Sweden in the 1980s; education graduate; writer and theatre producer; aged 38. 9. Seyoum Tsehaye, Freelance
photographer; French language graduate and former French teacher; EPLF veteran since the 1970s; former director of Eritrean
state television in the early 1990s; aged 49. 10. Fessaye Yohannes (‘Joshua’) Reporter and co-founder of the newspaper, Setit;
EPLF veteran since 1977; poet and director of an amateur cultural dance group; studied in the UK in 2000; aged 46.
294See also Committee to Protect Journalists: ‘In Eritrea, a prominent journalist dies in a secret government prison’, New York,
9 February 2007.
295Reporters Without Borders: ‘Last permanent foreign correspondent expelled from Eritrea’, 13 September 2004, Paris. In
March 2008 a BBC journalist, who had worked in the country for a year, was expelled; see his valedictory article: ‘Not so
fond farewell to Eritrea’, BBC, 10 March 2008.
296The only media outlets in Eritrea today are those controlled by the state or the ruling party: EriTV; Dimtsi Hafash (Voice of
the Masses radio); a government newspaper printed in three languages: Tigrinya (Hadas Eritrea), Arabic (Eritrea al-Hadisa),
and English (Eritrea Profile); a government-run press service, the Eritrean News Service (EriNA); several small publications
and radio programmes run by party-controlled social organisations (women, workers, youth); and a party-controlled website,
Shaebia.org (Connell 2007).
297Cf. Report of the UN Special Rapporteur on freedom of opinion and expression, UN Human Rights Council, A/HRC/4/27/
Add.1, 26 March 2007, Fourth session, Agenda item 2, p. 88.
298Cf. Report of the UN Special Rapporteur on freedom of opinion and expression, UN Human Rights Council, A/HRC/4/27/
Add.1, 26 March 2007, Fourth session, Agenda item 2. PDF page 100
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299See also commemorative article by Mohamed Hassim Keita, published in Dangerous Assignments (Fall/Winter 2007 issue),
a publication of the Committee to Protect Journalists.
300Reporters Without Borders: ‘Plea to EU to suspend development aid in light of fresh crackdown on journalists’, 6 March
2009, at: http://www.rsf.org/article.php3?id_article=30491, accessed 10 March 2009.
301Among them, according to Reporters Without Borders, are Bereket Misghina, aka Wedi Misghina, a famous actor and
playwright; journalist and essayist Yirgalem Asfha, former art critic for the newspaper Zemen; teacher Basilios Zemo, aka
Wedi Zemo, and a young teacher Senait Habtu, working in the radio’s production studio. Unconfirmed reports suggested they
had been transferred to the military prison in Adi Abeito, north-west of Asmara on the road to Keren.
302African Commission on Human and Peoples’ Rights, Communication 275 / 2003 – Article 19 / The State of Eritrea, EX.CL/364
(XI), Annex II.
303See report by the UN Secretary General’s Special Representative on human rights defenders, ‘Promotion and protection of
human rights: human rights defenders’, Commission on Human Rights, E/CN.4/2006/95/Add.5, 6 March 2006.
304The NGO was never formally registered, but operated by permission given orally by President Isaias Afwerki.
during 2008 (RWB 2008: 13). In June 2008, Paulos Kidane, a journalist working for Eri-TV’s Amharic
service, was captured trying to flee into Sudan and was later reported dead by the Eritrean authorities
(RWB 2008: 13).299
The harassment of government journalists continues as this is written. Reporters Without Borders
recently reported that on 22 February 2009 the authorities ordered a raid on the premises of Radio
Bana, a small public station in the heart of the capital that broadcasts educational programmes under
the sponsorship of the Education ministry.300 Without any formal charges pressed or reasons given, its
entire staff of around 50 journalists were arrested and taken to the Dobozito detention centre on the
edge of the city. Some of the staff were later released but several of them remain in custody.301
The Eritrean Constitution guarantees the freedom of expression and the press and other media (Article
19.2), concomitantly as it ensures every citizen’s right of access to information (Article 19.3). The
Eritrean government blatantly neglects its own Constitution and international obligations in regard to
these rights.
Furthermore, the clamp-down and arrests of journalists in Eritrea were brought in front of the African
Union’s Commission of Human and Peoples’ Rights, of which Eritrea is a party, by the rights
organisation Article 19. The African Commission decided to take on the case and, in a lengthy written
deliberation, the Eritrean government is found guilty of violating the African Charter (Articles 1, 5, 6,
7(1), 9 and 18), and the Commission urges the government to release, or bring to a speedy and fair
trial, the detained journalists – and to lift the ban on the press (see chapter 4).302
Human rights defenders
Any person perceived as a defender of human rights will immediately be arrested if voicing criticism of
government violations. The Eritrean government does not recognise the legitimate role of human rights
defenders, as set out in the UN Declaration on Human Rights Defenders of 1998 (AI 2004: 37); a
situation also acknowledged by the UN Special Representative on human rights defenders.303 No
organisations monitoring or conducting advocacy for human rights are allowed to operate in the
country, as the government perceives such activities to be subversive or treasonable.
The practical and political restrictions placed upon organising civil society activities in Eritrea
contravene the Eritrean Constitution (Art. 19.6) and ICCPR (Art. 22). The EPLF’s negative attitude
towards human rights activism was visible immediately after liberation, when the Regional Centre
for Human Rights and Development, an independent NGO established by a senior EPLF member and
former director of the Eritrean Relief Association, Mr Paulos Tesfaigorgis, was closed down on
government orders soon after its opening in 1993 (AI 2004: 37) (see chapter 4).304
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to operate independent of government control and monitoring.305 The Marxist-Leninist inspired ‘mass
movements’ which were an integral part of EPLF during the struggle – like the associations of women,
youth, students and workers – continued to be controlled by EPLF after they became so-called
autonomous organisations after independence. They are not allowed to promote human rights work
which criticises the government.306 An example is the arrest of three trade union leaders who allegedly
protested against workers’ worsening standards of living in 2005.307 According to The Observatory for
the Protection of Human Rights Defenders, the arrest came about solely on account of their efforts to
exercise their mandate as trade union leaders, a concern also shared by the UN Special Rapporteur on
the rights to freedom of opinion and expression.308 Hence, their arrest constituted a grave violation of
international legal standards (Arts. 22 and 19 ICCPR), as well as explicit violations of Conventions 87
and 98 of the ILO (which Eritrea has ratified) regarding freedom of association which is legally binding
on Eritrea as an ILO member state.309 The three trade union leaders were later released in 2007(USSD
2008a).
There is no Bar Association in Eritrea or any other independent forum for lawyers. The very few
lawyers in private practice are unable to act as legal defence counsel for detainees, or to advise on
other human rights grievances (AI 2004: 37). This reality undermines the emphasis put upon legal
counsel and due process of law, as prescribed by ICCPR (Arts. 2.3 and 14). None of the handful of
international NGOs present in the country are allowed to undertake any human rights-related
programmes or awareness building. Thus ‘civil society’ – as it is generally understood – is nonexistent
in the totalitarian Eritrean state (see chapter 4).
EPLF/PFDJ dissenters
High-ranking EPLF leaders and government officials, civil servants and military officers310 are also under
a constant threat of arrest or detention if they express dissent or criticise President Isaias Afwerki.
Throughout the post-independence period, President Isaias was afraid of internal dissent and
opposition to his increasingly omnipresent power ambitions. Thus, he regularly re-shuffled his cabinet
without any warning or reason, to hinder ministers and top-level government officials from developing
and cement an ‘autonomous’ power-base which could challenge him later. If some top-level cadre
fell into disfavour, he would be ‘frozen’ – stripped of all formal authority and generally placed under
house-arrest awaiting the outcome of the process against him.
305The organisation Citizens for Peace was established after the outbreak of war with Ethiopia in 1998, with the aim to report
on human rights abuses inflicted by Ethiopian authorities on Eritrean deportees from Ethiopia, as part of the propaganda
war. Although registered as an ‘independent’ NGO, the organisation is closely controlled by the Eritrean authorities and does
not do anything to criticise human rights abuses by the Eritrean government.
306The Eritrean women’s associations, for instance, have conducted gender awareness campaigns and anti-FGM (female geni-
tal mutilation) work, both of which fall within the EPLF’s policies on these issues.
307The three leaders were: Tewelde Ghebremedhin (chairperson of the Food, Beverages, Hotels, Tourism, Agriculture, and To-
bacco Workers Federation), Minase Andezion (secretary of the Textile and Leather Workers Federation), and Habtom Weldemi-
chael (head of the Coca Cola Workers Union). See UN Commission on Human Rights, ‘Civil and Political Rights, Including the
Question of Freedom of Expression, Report of the Special Rapporteur’ (E/CN.4/2006/55/Add.1), 26 March 2006, para. 334-339.
See also The Observatory for the Protection of Human Rights Defenders (a joint programme of the International Federation
for Human Rights and the World Organisation Against Torture), ‘Eritrea: Arbitrary arrest and incommunicado detention of
three trade union leaders’, (ERI 001/0505/OBS 032), 13 May 2005.
308Cf. Commission on Human Rights, E/CN.4/2006/55/Add.1, 27 March 2006, Sixty-second session, Agenda item 11(c). See also
UN Commission on Human Rights, E/CN.4/2006/95/Add.1, 22 March 2006, Sixty-second session, Agenda item 17(b).
309The UN Special Rapporteur also notes in this regard that Resolution 2005/38 of the Commission on Human Rights calls
upon states to refrain from imposing restrictions which are not consistent with Article 19.3 of the ICCPR, to which the Eri-
trean Government acceded in 2002, including restrictions on reporting on human rights, peaceful demonstrations or political
activities. Cf. Commission on Human Rights, E/CN.4/2006/55/Add.1, 27 March 2006, Sixty-second session, Agenda item 11(c).
310Military officers are in danger of arrest mostly in relation to internal infighting between the army echelons, for instance, in
relation to controlling the system of corruption/bribery within the army. Awate.com: ‘Secret Meetings, Defections, Refoulment
and Expulsions’, Gedeab News, 20 November 2007 (www.awate.com). PDF page 102
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311On the inception of the Eritrean dissent movement, see Plaut (2002).
312Three of the signatories were abroad during the clamp-down and thus avoided arrest, and one withdrew from his support
of the group. The 11 arrested EPLF leaders are: Ogbe Abraha, Army General; formerly Chief of Staff of the Defence Force,
Minister of Trade and Industry, and Minister of Labour and Social Welfare; he has chronic asthma. Aster Fissehatsion, Director
in the Ministry of Labour and Social Affairs; executive member of the official National Union of Eritrean Women; EPLF official
since 1977; former wife of Mahmoud Ahmed Sheriffo, also detained in September 2001; she has stomach ulcers. Berhane
Gebregziabeher, Army Major-General; head of the National Reserve Force; EPLF political bureau member since 1977. Beraki
Gebreselassie, former Ambassador to Germany (to May 2001); previously Minister of Education and Minister of Information
and Culture. Hamad Hamid Hamad, Head of the Arabic (Middle East) Department in the Ministry of Foreign Affairs; former
Ambassador to Sudan. Saleh Kekiya, former Minister of Transport and Communication, Vice-Minister of Foreign Affairs and
Head of the Office of the President. Germano Nati, Regional Administrator. Estifanos Seyoum, Army Brigadier General; former
Head of the Inland Revenue Service (to August 2001). Mahmoud Ahmed Sheriffo, former Vice-President (dismissed in Febru-
ary 2001), Minister of Local Government, and Minister of Foreign Affairs; co-founder of the EPLF. Petros Solomon, former
Minister of Maritime Resources; previously Minister of Foreign Affairs, EPLF military commander and intelligence chief, EPLF
political bureau member since 1977. Haile Woldetensae (or Weldensae, also known as ‘Durue’), former Minister of Trade
and Industry (until July 2001); previously Minister of Foreign Affairs during the war and the peace talks, and also Minister of
Finance; former EPLF head of political affairs and political bureau member since 1977; he is diabetic (AI 2002).
313See, for instance, interview with Yemane Gebremeskel, Director at the President’s Office, by IRIN 1 April 2004 (http://www.
irinnews.org/Report.aspx?ReportId=49359, accessed 6 January 2009).
314Council of the European Union: ‘Declaration by the Presidency on behalf of the European Union on political prisoners in
Eritrea’, 20 September 2007, 12978/1/07 REV 1 (Presse 201), P 074/07, Brussels.
315Inter-Parliamentary Union, Resolution on Eritrea adopted unanimously by the Governing Council at its 173rd session,
Geneva, 3 October 2003.
Nevertheless, in the aftermath of the Eritrean-Ethiopian war, government ministers and top-level EPLF
leaders protested against the unaccountable and monopolistic power of President Isaias. The group of
EPLF leaders commonly known as the G-15 (Group of 15) were all members of the Eritrean parliament
and the party’s Central Committee and several of them also Cabinet ministers. At the end of March
2001 they sent a letter to the President (which later became public), which was described as a ‘call
for correction, a call for peaceful and democratic dialogue, a call for strengthening and consolidation,
a call for unity, a call for the rule of law and for justice, through peaceful and legal ways and means’.
The letter outlined several policy areas where the government had failed, most importantly in terms
of establishing democracy, rule of law and respect for human rights.311 The President rejected the call
for change, and in the September 2001 crack-down, 11 out of the 15 signatories to the letter were ar-
rested, and have been held incommunicado ever since.312
The Eritrean government has labelled the G-15 as traitors who tried to ‘sell-out’ their country during
the war with Ethiopia and oust the President, justifying the continued incommunicado detention of the
former prominent EPLF leaders.313 However, international human rights organisations such as Amnesty
International (AI 2002; AI 2004), government agencies such as the US State Department(USSD 2008a),
multilateral organs such as the EU314 and the Inter-Parliamentary Union,315 consider the G-15 detainees
to be political prisoners.
Furthermore, the arrest of the G-15 was brought to the attention of the AU African Commission on
Human and Peoples’ Rights. The Commission ruled that the arrests were in violation of the African
Charter on Human and Peoples’ Rights, Articles 2, 6, 7(1) and 9(2), and urged the Eritrean government
to release the prisoners immediately and offer them compensation (see chapter 4).
FINAL REMARKS
In Eritrea today, all people – young and old, women and men, Christians and Muslims, civil servants
and peasants, educated and illiterate – are susceptible to being detained and arrested. Generally, no
reason is given or formal charges presented.
Against the backdrop of a widespread, and at times arbitrary, detention policy, certain groups may be
identified as particularly vulnerable to arrest and governmental harassment. This study has identified PDF page 103
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national service personnel, adherents of prohibited churches and religious organisations, individuals
from the Kunama minority group, forcibly returned refugees, journalists and other human rights
defenders, as well as government party dissenters, as being particularly prone to arrest.
The common denominator among these categories of people is the reality that they are liable to pose
a challenge to the totalitarian control over Eritrean society by the regime. Any element, not matter how
few, who are perceived to be ‘independent’ of the government, may be construed as a threat and must
thus be subdued or annihilated. Eritrea has now entered a vicious negative cycle; as the antipathy
towards the regime grows, more and more people will be targeted, again fuelling the aversion against
the regime. So far, this has led to an increasing stream of refugees fleeing the country on a daily
basis. At the time of writing, however, this growing aversion has not been converted into an active
mobilisation and recruitment into the Eritrean politico-military resistance fronts. Comparative politics
shows, however, that if such a brutal and human rights abusing policy is sustained over time, this will
eventually facilitate increased recruitment to an armed resistance in order to topple the regime by any
means. PDF page 104
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316The EPLF overran the capital, Asmara, on 24 May 1991 and liberated the whole country from the Ethiopian army on 28 May
1991. After a UN-monitored referendum on independence in April 1993, Eritrea declared independence and gained interna-
tional recognition as a new country on 24 May 1993.
317EPLF was renamed the Popular Front for Democracy and Justice (PFDJ) in 1994. However, the government is still usually
known by its original name, EPLF. In this chapter, EPLF and PFDJ will be used interchangeably.
7
MINORITY
MARGINALISATION
IN ERITREA:
EPLF’S POLICIES OF ‘CULTURAL SUPERIORITy’
INTRODUCTION
Eritrea, Africa’s newest state, gained independence in 1993316 after a 30-year long war of liberation
against Ethiopia. The Eritrean People’s Liberation Front (EPLF) organised its resistance along a
stringent nationalist ideology, where identity markers of ethnicity, culture, religion or regionalism were
banned. The particular colonial history of the country, EPLF’s ideology and the brutal and protracted
war itself – which impacted on all people in the region – were believed to help to foster and
consolidate an all-embracing national Eritrean identity (Negash 1987; Iyob 1995; Pool 2001). Today,
however, nearly two decades later, the Eritrean nationhood cherished and celebrated in 1993 seems
hallow, as the sovereignty of the Eritrean citizen is usurped by the ruling party who pitch the people
against each other in order to perpetuate their position in power.
In independent Eritrea, the EPLF317 sustained and even reinforced its strict nationalist ideology, as
national unity became the principal guideline to which all government policies and development plans
were aligned (EPLF 1994: 3). Consequently, the cultural diversity of the country, inhabited by at least
nine distinct ethnic groups (several of which are further divided into separate clans), appeared to
suffer, as arguments and claims for the enhancement and protection of cultural or minority rights were
interpreted as undermining and divisive in relation to the official nationalist policy (Tronvoll 1998b). PDF page 105
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The main objective of this chapter is to go beyond a mere assessment of the situation of minorities in
the country, in order to cast light on the historical and political contexts which influence the situation
of minorities today. This will help to explain how and why the precarious minority situation in Eritrea
has developed.
First, a brief backdrop on the liberation war and the context of cultural diversity will be presented,
before the EPLF/PFDJ’s general understanding of and policies towards minorities will be elaborated.
Subsequently, the legal obligations of the Eritrean state will be addressed, in relation to its own
Constitution as well as binding international treaties. Then follows a brief outline of the ethnic
diversity in the country, before an analysis of the government’s policies on land rights/pastoral
concerns and language rights are used as examples to illuminate how current government policies
are apparently sustaining the superiority of the dominating Tigrinya culture.
BACKDROPS: WAR AND CULTURAL DIVERSITY
During the war of liberation from Ethiopia, the argument that the Eritrean peoples were historically and
culturally distinct from Ethiopia gave legitimacy to the struggle of the Eritrean People’s Liberation Front
(EPLF). At that time, this was quite a controversial position, since the scholarly work on the region
generally viewed ‘Eritrean’ history and culture as sub-categories of Ethiopian studies(Gebre-Medhin
1989). The ‘Greater Ethiopia’ thesis – which subsumed all cultures and ethnic groups of the region
under an Abyssinian318 tradition – was also instrumental in interpreting political developments in the
region. From the point of view of Ethiopia, Eritrea was an integral cultural-historical entity and local
resistance developing in the area was framed in political – and not ethnic or ethno-nationalistic –
terms. Hence, already at an early stage of the struggle in 1982, a group of fighters under the EPLF
Department of Politicisation, Education and Culture launched a scheme to identify, gather, and
document specific ethnic customs, cultural traditions and historical traits unique to the nine ethnic
groups of the country, in order to prove their ‘distinctness’ from the Ethiopian cultural sphere. In
retrospect, however, the objective of the effort was defined as to identify and understand the
indigenous knowledge of the Eritrean peoples in a socio-economic context (WB 2001).
The project to gather and analyse indigenous knowledge data from the many Eritrean ethnic groups
continued after independence, although at a restricted pace due to the lack of formal scholarly training
of the fighters responsible for the project. In 1995 the official Eritrean newspaper Eritrea Profile started
to run the regular column, ‘Eritrean traditions and customs,’ presenting bits and pieces of the many
interesting and varied customs among the nine Eritrean groups. Likewise, at official occasions in
Asmara, folklore and traditional dances of the Eritrean minority groups were displayed as exotic
artefacts of the new nation. Beyond that, the interest and concern for the minority cultures of the
country did not seem to penetrate deep into the policies of post-independent Eritrea, as the
nationalist ideology of EPLF – strongly influenced by highland Tigrinya cultural perceptions – defined
the parameters of all development plans. The pretence of making allowances for the ethnic minorities
of Eritrea through official cultural shows made the native Kunama anthropologist Dr Alexander Naty
describe the practice as: ‘We only have “dance-democracy” in Eritrea. The minority groups are allowed
to make public appearances at government hosted cultural events. All other minority rights and
political liberties are, however, brutally crushed.’319
318The term Abyssinia is used to denote the historical polity that embraced both Eritrea and Ethiopia prior to the advent of
the Italian colonial ambitions in the region.
319Extracted from an interviewed I conducted with Dr Naty in Asmara, in September 1996.PDF page 106
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The Eritrean government’s strong emphasis on national unity – ideologically anchored in the liberation
struggle, manifested through the Eritrean National Charter of 1994, and enshrined in the 1997
Constitution – apparently works as an impediment to protecting cultural and minority rights in the
country. Minority rights, as defined by international instruments, are perceived as an antithesis to the
strong nationalistic policies and practices of the Eritrean government.
THE EPLF/PFDJ’S POLICIES ON MINORITIES
In the National Charter – the Government’s vision of how to develop independent Eritrea
– it is declared that national unity is the principal guideline to which all government policies and
development plans will be aligned (EPLF 1994: 3). All ‘divisive attitudes and activities’ are condemned
and rejected, and the Charter places ‘national interests above everything else’ (EPLF 1994: 13). Within
this ideological framework, diversity suffers and cultural and minority rights are portrayed as
illegitimate claims threatening the coherence of the Eritrean nation. This may be illustrated by how
President Isaias Afwerki himself described the emerging opposition towards the implementation of
new regional divisions (zoba) in the country in 1995, which deliberately broke down old administrative
borders partly aligned along ethnic lines:
The history of regional boundaries in Eritrea does not go back more than 100 years. All
Eritreans are born equal. No ethnic group is superior or inferior to any other group. Eritrea
belongs equally to every Eritrean. No social group is more closely related to land than the
rest. There was a time when people thought in terms of ‘we’ and ‘they’ using religion and
regional [ethnic] boundaries as bases. However, such notions have been put aside during the
30-year long struggle, and it is because the fighters struggled as one person by uniting their
hearts that we were able to achieve our goal of liberation. A person should be judged not by
his place of origin but by his mental capacity, good manners and sense of altruism. Those
who think otherwise are mentally sick and we should not allow them to impose their will
on us. The government will not restrain itself from taking appropriate measures regarding
those who misinterpret and misconstrue any administrative or developmental policies in
order to create religious and regional conflicts. (Quoted in Eritrea Profile, 27 September
1995).
The Eritrean government’s position on minority rights reflects the ideological origin of the liberation
struggle. The Eritrean People’s Liberation Front (EPLF), the precursor of today’s government, defined
its war against Ethiopia on a nationalistic basis, struggling to liberate the territory of Eritrea and all its
culturally diverse inhabitants. The EPLF in principle rejected all notions of ethnicity in the struggle (as
was the predominant organisational platform of resistance in Ethiopia), and fought as Eritreans, not as
Tigrinya, Afar, Tigre or some other ethnic group. Ethnicity, and in particular minority concerns, was in
this regard perceived as irrelevant and as a possible obstacle to the formation of a coherent national
front. Thus, ‘minorities’ is not even a term recognised or used by the government: in the official
language of the state, ethno-linguistic communities are identified as ‘nationalities’(Pool 1997: 5).
The EPLF liberation strategy was clearly successful, both militarily and ideologically. Through the
struggle for independence, it managed to forge an Eritrean consciousness and identity among the
many ethnic groups in the country (Iyob 1995; Pool 2001). However, this does not mean that other
sub-national identities, based on ethnicity, clan, descent or locality, were ‘replaced’ or ‘forgotten’. A
national identity was created on top of in or parallel with other culturally-defined identities which still
are perceived as residual categories of identity in the country (see also Tronvoll 1998a; Naty 2002b).
MINORITY RIGHTS OBLIGATIONS OF THE STATE OF ERITREA
The legal protection of cultural and minority rights in Eritrea is inadequate. To my knowledge, no PDF page 107
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320UN General Assembly Resolution 47/135, 1992.
321UN General Assembly Resolution 61/295, 2007.
specific act or proclamation is drafted with the aim to protect minorities or their cultural traditions.
Hence, as a starting point, we need to turn to the Eritrean Constitution in order to acquire an
understanding of the Government’s legislative position on this issue.
The Eritrean Constitution on minority and cultural rights
The Eritrean Constitution makes limited references to cultural and minority rights. The first and most
important one is Article 4(3), which states that ‘the equality of all Eritrean languages is guaranteed’.
Furthermore, Article 6(1) points out that ‘as the people and government struggle to establish a united
and developed Eritrea, within the context of the diversity of Eritrea, they shall be guided by the basic
principle ‘unity in diversity’’. In Article 6(2), however, the Constitution downplays the ‘diversity’ of the
people, and stresses that: ‘The State shall strengthen the stability and development of the country
by encouraging democratic dialogue and national consensus through participation of all citizens; by
building strong political, cultural and moral foundations; and by promoting national unity and social
harmony’. This principle is followed by Article 9 of the Constitution, covering ‘national culture’; no
mention whatsoever is made of the many minority cultures of Eritrea, as all attention is focused on
developing unity and a national culture of identity.
The principle of non-discrimination and equality under the law is enshrined in Article 14(2), where it is
explicitly stated that: ‘No person may be discriminated against on account of race, ethnic origin,
language, colour, gender, religion, disability, age, political view, or social or economic status or any
other improper factors’ (emphasis added).
The principle of non-discrimination and equality is also emphasised under Article 21 of the
Constitution, covering ‘economic, social and cultural rights and responsibilities’. Under Article 21(4), it
is prescribed that: ‘The State and society shall have the responsibility of identifying, preserving,
developing, as need be, and bequeathing to succeeding generations, historical and cultural heritage;
and shall lay the necessary groundwork for the development of the arts, science, technology and
sports, thus encouraging citizens to participate in such endeavours’. The Constitution does not,
however, specify if this ‘historical and cultural heritage’ relates to minority cultures per se, or if it
should be interpreted as Eritrean national cultural heritage.
Eritrea’s international obligations to protect minority and cultural rights
The protection of cultural diversity may be approached from two different angles: from a universalistic
or a particularistic viewpoint. Based on the fundamental principles in human rights of equality and
non-discrimination, all peoples, irrespective of their cultural or ethnic background, may freely maintain
and develop their culture, language and ways of life while participating on an equal footing in societal
activities, economic progress and development. As such, the other ethnic minority groups in the coun-
try should be put on an equal footing with the majority Tigrinya group in all spheres and activities of
society. Seen from a particularistic perspective, furthermore, it may be argued that certain particularly
vulnerable groups may need special attention and measures and positive action in order to protect,
maintain and develop their culture. Inspiration as to the fields for positive action and special measures
can be found in the two UN Declarations; the Declaration on the Rights of Persons Belonging to
National or Ethnic, Religious and Linguistic Minorities320 and the Declaration on the Rights of
Indigenous Peoples.321 In the former declaration, emphasis is placed on the obligations of the state to
‘protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities
within their respective territories and shall encourage conditions for the promotion of that identity’
(Article 1); whereas the latter, for instance, also emphasise the important principle of indigenous PDF page 108
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peoples to ‘consider themselves different’ from the majority, and ‘to be respected as such’ (preamble).
The principle of equal value and dignity of all cultures has been reaffirmed by the UN General Assembly
resolution on ‘Human Rights and Cultural Diversity’.322 This holds true for prevention and mitigation of
cultural homogenisation, as well as tolerance towards cultural diversity as a means for the advance-
ment of peace (Iovane 2007: 249). The former UN Commission on Human Rights stressed this too, in
its resolution, ‘Promotion of the Enjoyment of the Cultural Rights of Everyone and Respect for Different
Cultural Identities’.323
The United Nations Educational, Scientific and Cultural Organization (UNESCO) is particularly dedicated
to promoting respect for cultural diversity. In the Universal Declaration on Cultural Diversity
(unanimously adopted in November 2001), UNESCO aims, inter alia, to preserve cultural diversity as a
living, since the ‘defence of cultural diversity is an ethical imperative, inseparable from respect for
human dignity’ (UNESCO 2001: Article 4).324
The above declarations and resolutions are not legally binding on states, but should be seen as
general aspirations to be followed by UN member states. Eritrea is, however, bound by three
international conventions which relate to cultural and minority rights,325 because it has ratified the
International Covenant on Civil and Political Rights (ICCPR), 326 the International Covenant on
Economic, Social and Cultural Rights (ICESCR),327 and the International Convention on the Elimination
of All Forms of Racial Discrimination (ICERD).328
ICERD is the most important international legal instrument to prevent discrimination and inequality
along ethnic and racial lines. In Article 1, racial discrimination is defined as:
[…] any distinction, exclusion, restriction or preference based on race, colour, descent, or
national or ethnic origin which has the purpose or effect of nullifying or impairing the
recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental
freedoms in the political, economic, social, cultural or any other field of public life.
State parties to the Convention are thus obliged to follow up and work actively to protect and
enhance racial/ethnic equality in all sectors of society and fields of policy and governmental activity
(Article 2). State parties shall also guarantee fundamental human rights to everyone, without
distinction to ethnicity or origin (Article 5). As shown in this study, some of these rights are violated
systematically in relation to the Kunama minority group in Eritrea, such as the right to equal treatment
before the law, the right to security of persons against violence, the right to freedom of movement and
residence, and the right to nationality (see chapter 8).
322A/RES/58/167 ‘Human Rights and Cultural Diversity’, 4 March 2004. Moreover, UN General Assembly Resolution 60/1 (of 24
October 2005) endorsing the 2005 World Summit Outcome, also underpins the rights aspect of cultural diversity, confirming
it as ‘one of the key values of contemporary international relations’ (Iovane 2007).
323UNHRC Resolution 2005/20, 14 April 2005.
324These intentions are further enshrined and elaborated on in the Convention on the Protection and Promotion of the
Diversity of Cultural Expressions (adopted 2005, entry into force March 2007) (UNESCO 2005). The Convention states
that ‘cultural diversity can be protected and promoted only if human rights and fundamental freedoms, such as freedom
of expression, information and communication, as well as the ability of individuals to choose cultural expressions, are
guaranteed’ (Article 2.1); and the fact that ‘the protection and promotion of the diversity of cultural expressions presuppose
the recognition of equal dignity of and respect for all cultures, including the cultures of persons belonging to minorities
and indigenous peoples’ (Article 2.3). Eritrea has not ratified the UNESCO Convention on cultural diversity, and is thus not
obliged to comply with its rules.
325Some of the legal instruments geared to granting special prerogatives to minorities and indigenous peoples – like ILO
Convention no. 169 – are not ratified by Eritrea, however, and are thus not relevant for discussion in this paper.
326Ratified by Eritrea in 2002.
327Ratified by Eritrea in 2001.
328UNGA Res. 2106 (xx). Ratified by Eritrea in 2001.PDF page 109
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Article 27 of the ICCPR provides that persons belonging to minorities ‘shall not be denied the rights, in
community with the other members of their group, to enjoy their own culture, to profess and practise
their own religion, or to use their own language’.329 Importantly, though, these are rights granted to
individuals in a group and not to the group collectively as such. The individual rights depend in turn
on the ability of the whole minority group to maintain its culture, language and religion,330 and reveal
as such a collective element (Novak 2005: 655). The substance of the rights guaranteed by Article 27
focuses on ‘ensuring the survival and continued development of the cultural, religious and social
identity of the minorities concerned, thus enriching the fabric of society as a whole’.331
The right of minorities to the common enjoyment of their specific culture creates directly applicable
duties on State parties to refrain from actions which might limit and destroy the exhibition of ‘cultural
life’ of the group, for instance, in practising their customs, traditions and rituals, as well as traditional
economic activities as pastoralism and hunting (Novak 2005: 658-659). Of direct relevance to the
Kunama case discussed in chapter 8 is the interpretation that Article 27 of the ICCPR prohibits state
parties from denying minorities access to and residency in their traditional home areas; and ‘all
measures which threaten the way of life and culture of a minority, such as large-scale expropriations
of minority lands for commercial purposes’ constitute a violation (Novak 2005: 659).
ETHNIC DIVERSITY IN ERITREA
Eritrea is officially described as being inhabited by nine ethnic groups, all diverse in culture, religion,
and activities of production. Dividing ethnicity into fixed categories of population groups is, however,
difficult from a scholarly viewpoint. For instance, the classic study on ethnic groups and clans in
Eritrea, conducted by the anthropologist S.F. Nadel while he served as a military administrative officer
in the country during the Second World War, illustrates this point well, as he lists a number of groups
and clans not officially recognised as distinct groups today (Nadel 1944).
Tigrinya is the language of the highland population, which is the largest population group in the
country, possibly constituting around 50 per cent of the total population (see table below). They
usually refer to themselves as ‘highlanders’ (kebessa), but the term describing their language
(Tigrinya) is generally used to denote the ethnic group also. The Tigrinya speakers are also to be
found in the urban centres of the lowlands and the ports of Massawa and Assab, and in neighbouring
Tigray regional state of Ethiopia. They are mostly sedentary agriculturists, and share a common
tradition of Orthodox Christianity, but include also groups of Roman Catholics and a small minority
of Jeberti, Tigrinya-speaking Muslims. Muslims have traditionally been denied access to land in the
Christian Orthodox highlands, thus today the Jeberti are mostly merchants and urban dwellers.
The Tigre group is constituted of diverse peoples inhabiting parts of the western lowlands, the
northern highlands, the northern coastal plains, and parts of the Dahlak islands. The ten or so
different clans speaking the Tigre language, of which the largest is Beni Amer, do not form a distinct
ethnic entity, although they share a common adherence to Islam (cf. Fegley 1995).
The Rashida speak Arabic and form the smallest ethnic group, population wise, in Eritrea. They are a
nomadic people who migrated from the Arabian peninsula in relatively recent times. They are found in
small shifting concentrations in north-eastern Eritrea and the Sudan.
329The right of persons belonging to majority groups, such as the Tigrinya speakers of Eritrea, to protect and advance their
culture is to be found in Article 15 of CESCR. For elaboration, see (Eide 2001).
330See UN Human Rights Committee, General Comment No. 23 (1994), paragraph 6.2.
331UN Human Rights Committee, General Comment No. 23 (1994), paragraph 9.PDF page 110
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332Baria is an Amharic/Tigrinya term for ‘slave’, thus seen from the dominant population group this is a derogatory term.
However, many informants from the lowland state that the people themselves use Baria as a self-descriptive term, not
implying any servile connotations at all.
The Afar is the largest of the Cushitic speaking groups in Eritrea, inhabiting the lowland coastal strip
of Dankalia and they are also to be found in Ethiopia and Djibouti. The Afar are agro-pastoralists and
are organised on a clan basis. The Saho is more like a linguistic category, based on a shared East
Cushitic language, than an ethnic group. The Saho inhabit the escarpment region between the eastern
lowlands and the kebessa. They are clustered in small pastoral nomadic and semi-nomadic groups. It
is believed that the origins of the diverse groups speaking Saho are mixed, including elements from
the Afar, Tigrinya, Tigre, and others. Bilin is a Central Cushitic language spoken by the people living in
and around the town of Keren. The Bilin are sedentary agriculturists and in Keren some are occupied
with trading.
Two languages spoken in Eritrea belong to the Nilo-Saharan language group. One is Nara, also known
as Baria, a language spoken by the Baria people living in the eastern Gash region in the western
lowlands.332 They are sedentary agriculturists, and live in small villages, divided in a clan structure.
Kunama is the other Nilo-Saharan group in Eritrea. They too inhabit the western lowlands between
the rivers Gash and Setit, living predominantly as sedentary agriculturists. The social structure of the
Kunama is based on a division into six clans. The clans are strictly exogamous, and they are the only
group in Eritrea where descent is recognised through the maternal line. The Beja, in newer literature
called the Hedareb, is a nomadic group living in the north-east and north-west border region (and is
also to be found in Sudan).
Figure 2. Map of ethnic group distribution in Eritrea PDF page 111
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SUSTAINING CULTURAL SUPERIORITY:
PERPETUATING MINORITY DISCRIMINATION
Within certain areas, the Eritrean government’s development policies reflect a socio-historical and
cultural bias. The reality is that the highlanders have throughout history maintained hegemony over
what the state is supposed to be, whom it should embrace, and how its policies (whether military or
domestic) ought to be designed. The sedentary Christian Orthodox highlanders of Eritrea and Ethiopia
(kebessa and habesha respectively) have always dominated the Abyssinian realm (Eritrea and Ethiopia)
and thus been instrumental in designing the political attributes of the state and the dominating
culture of the nation (cf. Tronvoll 2009b).
In the Eritrean case, this hegemony was even exacerbated after independence, as the demographic
weight of the Tigrinya population increased considerably in relation to the population of the state.
(As part of Ethiopia, the Tigrinya-speaking population constituted about 8 per cent of the population;
in independent Eritrea about 50 percent). The tradition of rule by the highlanders – in combination
with what they perceive as their more advanced mode of production (sedentary agriculture), more
developed culture, and being morally enlightened through Christianity – have thus impacted negatively
on the accommodation of true cultural diversity under the independent state of Eritrea. Cases in point
may be the lack of protection of pastoral rights under the new land tenure regime and the implemen-
tation of mother languages as the medium of instruction in public primary schools (see below).
The Neglect of Pastoral Rights: Eradicating ‘Backwardness’
The Eritrean land reform ( proclamation no. 58/1994) adopts a sedentary agriculturalist’s view of
landed property, disregarding pastoral and nomadic rights. During the struggle, the EPLF encouraged
the nomads to settle, and provided for education, health services and vaccination of cattle in the
liberated areas.333 The rival Eritrean Liberation Front (ELF), on the other hand, supported the nomads’
333Cf. National Democratic Programme of the EPLF (1977), Article 2.A.5: ‘Provide the nomads with veterinary services,
livestock breeding experts, agricultural advisors and financial assistance in order to enable them to lead settled lives,
adopt modern techniques of agriculture and animal husbandry and improve their livelihood’ (my italics). The same article is
repeated in the National Democratic Programme of 1987 (Art. 2.A.5), adopted at the second congress of the EPLF.
Table 1.
Eritrean population by ethnic group
Ethnic group Population Percentage
Afar 160,000 6.0
Bilen 64,000 2.0
Hedareb 80,000 2.5
Kunama 64,000 2.0
Nara 48,000 1.5
Rashida 76,000 2.4
Saho 160,000 5.0
Tigre 992,000 31.0
Tigrinya 1,600,000 50.0
Total 3,200,000 100
Source: Planning Office, Ministry of Education, Asmara, Eritrea, 1996 (cited from Woldemikael 2003: 120)PDF page 112
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334See, for instance, the state of Eritrea’s Development Letter, prepared for the World Bank’s Consultative Group Meeting for
Eritrea, in Paris, 10-20 December 1994, and the government’s Macro Policy document, November 1994, which lists the main
objectives of the new land policy as: ‘encourages long-term investments in agriculture and prudent environmental
management; assures women’s right to land on equal basis with men; promotes commercial agriculture’ (p. 34).
335One informed observer of Eritrean politics told me that one of the main reasons behind this narrow-minded development
strategy is that there are more or less no policy makers or decision makers in the regime with a nomadic-pastoralist
background. The regime’s bureaucracy is predominantly drawn from the highland sedentary population, and is ignorant of
pastoralist values and mode of life. Therefore, ‘the EPLF/PFDJ believes that what is good for the sedentary agriculturalist
must be good for the pastoralist’, according to my informant (personal communication, 28 February 2009). On a differ-
ent note, not giving pastoral rights proper legislative protection is also questionable in terms of sustainable development
(Joireman 1996); and the possible negative environmental impact, a point stressed by Alexander Naty in his research on
environmental degradation in Eritrea’s western lowlands (Naty 1998, 2002a).
336Article 27 of the ICCPR.
337Abdella Jaber, quoted in ‘Unity in linguistic diversity’, Eritrea Profile, 27 July 1996, p. 2.
338The PGE acted during the interim period after the military liberation of the country the 24 May 1991 until formal
independence was declared after a referendum in 24 May 1993.
339Provisional Government of Eritrea, ‘Declaration on Education in Eritrea’, Legal Notice, No. 2/1991, 2 October 1991,
Department of Education, Asmara (cited from Woldemikael 2003).
traditional way of life and defended their rights of livelihood, a stance which was, to a certain degree,
reciprocated by segments of the lowland agro-pastoralist groups with political support and backing.
After independence, the government of Eritrea designed a macro development policy which favoured
agricultural rights over pastoral ones, and pastoralism was never mentioned as a potential area of
growth and sustainable development.334 The land reform proclamation furthermore included no special
provisions protecting the grazing rights or rights of movement of herds of the lowland groups who
traditionally practise pastoral nomadism and mixed agro-pastoralism. This may be seen as a violation
of the cultural rights of these groups.
The diverging interests between agriculturists and agro-pastoralists (‘pure’ pastoral nomads account
only for about 5 per cent of the total population) might be read as a political discourse, displaying the
contrasting political priorities of the EPLF/PFDJ vis-à-vis the political opposition, historically represented
by the ELF. New settlement schemes are being planned and implemented in the western lowlands,
directly infringing traditional pastoral areas. The settlers are both returning refugees from the Sudan
and ex-fighters, of whom the majority are Tigrinya highlanders. Therefore, giving legislative protection
to agriculturists and not to agro-pastoralists sustains and broadens the cultural influence of the
Tigrinya mode of production, at the expense of the economic activities pursued by minority groups.335
It is thus plausible to argue that the regime aims to transform the pastoral nomadic groups into
sedentary agriculturalists, and hence possibly mould them into replicas in terms of traditional
production system of the dominant group.
The Contradictions of Language Rights
Language rights are a vital medium for enjoying, preserving and developing minority cultures.
International treaties binding on Eritrea grant minorities the right to use and develop their languages.336
Similar to the land policy discussed above, the main ‘official’ objective and motivation for the new
language policy in Eritrea is to foster national unity and identity in developing the country, while
respecting cultural diversity (Woldemikael 2003). Or, as phrased by the head of Organisational Affairs
in the EPLF/PFDJ: ‘The EPLF’s policy in the past and the government’s policy at present has been and
is […] based on objective realities. This policy has served and serves national identity, unity and
interest, and puts into consideration and safeguards the rights of the individual.’337
At an early stage, the Provisional Government of Eritrea (PGE)338 emphasised the ‘diversity in unity’
argument and declared that: ‘Every nationality has the right to its own language or any other language
of its choice at the primary school’.339 The Eritrean government justified its policy by referring to PDF page 113
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UNESCO’s argument explaining that the use of the mother language in primary schools enhances the
learning capacities of children. Furthermore, it was also emphasised that the use of mother languages
in schools has the ‘advantage of preserving minority languages and folk traditions that would be
threatened if the government were to pursue policies and practices emphasizing the principle of
“one state, one nation, one language”’(Woldemikael 2003: 122). This argument has, however, been
questioned by Eritreans belonging to the minority groups, claiming that the ‘so-called mother-tongue
policy was adopted in order to sustain the marginalisation of the minority groups since they would not
be fluent in the dominant language of the state, Tigrinya’.340 This will sustain discrimination against
the minority students in admission to institutions of higher education, as well as possible employment
careers in the civil service, where a fluent command of Tigrinya is compulsory.
In all sectors of governance, the EPLF has attempted to modify ‘traditional’ society through developing
the educational system as a tool of centrally planned processes of social and cultural change (see also
Tronvoll 1998b; Woldemikael 2003: 120). It is thus important to contrast the formal policies (‘law in
books’) with the implemented practice (‘law in action’), in order to assess the use and development of
minority languages in a human rights perspective.
The education policy encourages using the mother tongue as the language of instruction in elementary
school (up to grade 7). In addition, all elementary school children are required to learn Tigrinya and/
or Arabic (the two languages which are considered to be the working languages of the Eritrean
government),341 and English, which is the medium of instruction in all schools beyond the primary
school level (Woldemikael 2003: 122). This implies that Tigrinya children must learn Arabic and English
in addition to Tigrinya; the Rashida children (the only group speaking Arabic as their mother language)
will learn Tigrinya and English in addition to Arabic; and the rest, i.e., children from the seven
remaining minority groups, must learn Tigrinya, Arabic and English, in addition to their mother tongue.
The designation of Tigrinya and Arabic as the official working languages of the state (it is questionable,
though, whether one can call Arabic a working language in practice in Eritrea), and English as medium
of instruction beyond grade 7, grants these languages a special status above minority languages in
the country. In effect, this implies that the government is contradicting its own stated commitment to
the equality of all Eritrean languages (Woldemikael 2003: 123). Woldemikael notes further that the
application of the education policy has been fraught with difficulties, as the principle of the right to
use ‘its own language or any other language of its choice at the primary school’ has been subject to
local interpretation and negotiation (Gottesman 1998: 225-229; Woldemikael 2003: 124).
Apparently, the implementation of the language policy in Eritrea creates a threefold pattern, aligned
more along religious lines than ethnicity (Woldemikael 2003: 124-128). The Christian population groups
accept fully the aim of instruction in the mother tongue. In relation to the dominant ethnic group, the
Tigrinya speakers, this is no surprise, since their mother tongue is also the main language of the state.
However, the Kunama, who are predominantly Christian (Lutheran Protestants), have also adopted the
Kunama language as the medium of instruction in the schools.342 The minority of Christian Tigre
340One noted observer illustrated the devious use of the policy by the government with the Arabic proverb, ‘A word of truth
intended to serve falsity’ (Kilmet haq yuradu biha batil). Personal communication, 2 April 2009.
341Arabic was justified by its historical position in the region, as well as the fact that it is used as a language of commerce
and trade in the western lowlands and as the language of their religion among the Muslims.
342The Swedish evangelical mission started its work among the Kunama in the mid 1860s. Also the Roman Catholic Church
conducted missionary activities among the Kunama during the Italian colonial period. One of the main tasks of the mis-
sionary work was focusing on establishing schools among the Kunama, and to develop their language into a written script
(Normark 1972; Woldemikael 2003). It should be noted, however, that it is extremely difficult to divide and classify the
Kunama, like other groups on the region, into categories of specific religious denominations, since religious syncretism and
ambivalence are inherent in these communities. PDF page 114
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343Landinfo note, Norwegian Immigration Authorities, Oslo, August 2007: at http://www.landinfo.no/index.
gan?id=834&subid=0, accessed October 2008.
344Non-Christian lowlanders (not Habesha/Kebessa) could obtain high office under the feudal Abyssinian state by converting
to the Orthodox faith, learning Amharic/Tigrinya and assimilating into the Christian Amhara/Tigrinya culture.
345After grade 12, all educational institutions in Eritrea are administered by the military. All Eritreans of 18 to 45 years of
age have to undergo 18 months of national service, including 6 months of rigorous military training. In effect, though, the
national service programme has been never-ending since 1998 and the general mobilisation of Eritrean society as a conse-
quence of the Eritrean-Ethiopian war.
346Only the Rashida, constituting about 2.4 percent of the population, have Arabic as their mother tongue.
speakers also prefer to use Tigre as their language of instruction. Most Muslim communities, on the
other hand, including Tigre, Nara, Afar, Saho, Bilen, Hadareb and Jeberti, have chosen Arabic instead
of their ethnic languages. A cause, or an effect, of this is that there are no schools in Eritrea offering
instruction in the minority languages of Nara, Bilen, Afar, and Hadareb. Consequently, the use and
sustainability of these minority languages has reportedly been neglected.343
The reactions to the new Eritrean language policy can be explained from both historical and
contemporary contexts. First, the structural discrimination of the lowland, Muslim minority groups
has been sustained for centuries, as they have been perceived as ‘alien’ to positions of power and
authority in relation to the Abyssinian feudal system.344 Furthermore, most of the urban centres are
located in the highlands; hence public institutions and the infrastructure of the state tend to be
overrepresented among the Tigrinya highlanders. For instance, as late as 1958, there was not a single
school in the Muslim areas of Eritrea (Pool 1997: 9).
The overrepresentation of Tigrinya is continuing even today. It is estimated that the Tigrinya constitute
about half of the Eritrean population; but 82 per cent of school pupils are taught in Tigrinya and 68
per cent (370 out of 549) of the total number of schools teach in Tigrinya (in 1996-7) (Woldemikael
2003). Hence, the absolute dominance of Tigrinya as a medium of instruction in Eritrean schools does
not reflect the demographic composition of the population. Furthermore, Tigrinya is the sole language
of instruction during military training and the language of command of the Eritrean army,345 which
bestows on it unprecedented importance in the highly militarised Eritrean society. In reality, moreover,
Tigrinya is the dominant working language of the state, as it operates as the working language of the
bureaucracy, the courts, the arts, and among the literati.
Possibly as a reaction to the dominant Tigrinya culture, the Muslim lowland groups have turned to
Arabic as a medium of instruction rather than their minority languages. This is most noteworthy among
the Tigre group, which is the second largest group in Eritrea, constituting about 30 per cent of the
total population of the country, but just 5 per cent of schools (29 out of 549) used Tigre as a medium
of instruction in 1995-6. Furthermore, only 3 per cent of the pupils in elementary schools were learning
in Tigre, whilst 12 per cent chose Arabic as the language of instruction346 (Woldemikael 2003: 127).
Arabic is developing into a lingua franca among the Eritrean Muslims. They pray in Arabic; it is used
by religious leaders in mosques as well as by teachers in Koran schools; and traditional judges use
it in administering shari’a law. Arabic is also the language of trade and business among Muslim
communities. Thus, the demand for Arabic is driven by both local and public needs, as is reflected in
the growth of the language as medium of instruction. From 1993/4 to 1996/7, 32 new schools started
to use Arabic as a medium of instruction, surpassing the growth rate of all other languages, including
Tigrinya (which had a 22 per cent net increase) (Woldemikael 2003: 127).
The government seems to interpret the increased interest in Arabic as a medium of instruction as an
expression of opposition to its language policy and ultimately its nationalistic ideology, as it is
interpreted against the historical discourse on Eritrea after the collapse of Italian colonialism in 1941. PDF page 115
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At that time certain national and international actors argued that the country should be divided into an
Arabic-speaking, Muslim, lowland sector (which could be united with Sudan) and a Tigrinya-speaking,
Christian highland sector (which could be united with Ethiopia).347
In spite of the growing popular demand for Arabic as a medium of instruction, the government is
accused of denying certain groups the use Arabic as a medium of communication. Mohammed Salih
Ibrahim, a representative of the Eritrean Islamic Party for Justice and Development, explained that
particularly Muslims living in the highlands (the Jeberti) were discriminated against in this regard:
The government tells people to use Tigrinya not Arabic. I speak and understand Tigrinya as
well as Arabic. We, the Muslims in the highlands, were not oppressed by the dominant
people of the Tigrinya; we like and are used to speak Tigrinya. But what is important here
is that the government stopped our language and is forcing us to speak Tigrinya. The
government is using this tactic to make trouble between us and the Eritrean people.348
As a major regional and international language, Arabic may appear more attractive to learn than ethnic
minority languages. Hence, resistance to the policy of using the mother tongue in Eritrean schools
by Muslims is probably related to a conscious decision to pursue broader strategies of social and
economic upward mobility, since economic and political rewards and benefits are more likely to accrue
to those who are fluent in Arabic rather than an Eritrean minority language. Additionally, Eritrean
Muslims may turn to Arabic and their common faith as a strategy to resist the political domination of
the Tigrinya culture projected by the EPLF/PFDJ government. As this brief discussion of the
implementation of government language policy illustrates, the divide between highlands and lowlands,
Christians and Muslims, Tigrinyas and minority groups, still largely prevails in Eritrea (cf. also Pool
1997: 9).
FINAL REMARKS
The Eritrean government’s strongly nationalistic ideology and policies, in combination with the ruling
party’s highland Tigrinya cultural inclination and dominance, makes minority rights and protection a
marginalised field in Eritrea today. Although certain polices on paper appear to follow the state’s motto
of ‘Diversity in Unity’, in reality they apparently sustain the Tigrinya cultural and political domination of
Eritrean society.
Furthermore, as certain groups defined along ethnic (e.g. Kunama), cultural (e.g. pastoralist), or reli-
gious (e.g. Muslim) lines are construed as a threat to government policies and societal order, special
protection or incentives to cater for the rights of these groups and their demands are negated.
347‘Unity in linguistic diversity’, Eritrea Profile, 27 July 1996, p. 2.
348Quoted from an interview with me, conducted in Arabic, on 19 April 2008 at Khartoum (Sudan), my translation into English. PDF page 116
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8
DIVERSITY DIMINISHED
IN ERITREA:
TARGETING THE KUNAMA MINORITy GROUP
INTRODUCTION
The consolidation of nationalist sentiments in Eritrea and the construction of a centralist, unitary
state after independence in 1993 have led to a growing tension between the dominant nationalist
ideology – which partly reflects the cultural sentiments of the Tigrinya majority group – and minority
groups. This is aggravated by the fact that the EPLF/PFDJ government is perceived by many minority
representatives to be a predominantly ‘Tigrinya’ government as the language and political culture of
the government stems from the Tigrinya group inhabiting the Eritrean highlands and urban centres
throughout the country.
Of the many minority groups in Eritrea, the government has seemingly singled out the Kunama group
as a special concern for the state. The history of the Kunama population can be read as a narrative of
sustained violations of minority rights, in addition to a general contravention of basic human rights,
such as the right to life and the prohibition of torture and collective punishment. In order to highlight
concerns about Eritrea’s minority populations, this chapter will analyse the situation of cultural and
minority rights in Eritrea exemplified by the case of the Kunama group and based on the framework
for the general protection of minority rights as developed by the UN Independent Expert on Minority
Issues (McDougall 2007: 334). A human rights-based approach to the protection of minority rights
should include the following four aspects: (1) Protecting a minority’s existence, including the physical
integrity of persons belonging to minorities; (2) protecting and promoting cultural and social identity;
(3) ensuring non-discrimination and equality, including ending structural or systemic discrimination;
and (4) ensuring effective participation of minorities in public life, especially in decisions that affect
them.PDF page 117
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349No national census with categories for ethnicity is available. Estimates of the size of the Kunama population thus vary
accordingly. The authoritative language database, Ethnologue, reports that 142,000 people speak the Kunama language,
of which 140,000 reside in Eritrea (Ethnologue.com: ‘Kunama: a Language of Eritrea’ ). The UN information agency (IRIN)
estimates that there are around 100,000 Kunama people in Ethiopia and Eritrea, of which 70,000 reside in Eritrea (http://
www.irinnews.org/PrintReport.aspx?ReportId=38494). The Catholic Near East Welfare Association (CNEWA) is much more
conservative in estimating the Kunama population of Eritrea and Ethiopia to be between 50,000 and 60,000 (Molidor 2001).
It is claimed that the Kunama population has been decimated by the recent Eritrean-Ethiopian war.
350The most comprehensive anthropological study of the Kunama was conducted by Dominique Lussier in 1994 (Lussier
1997). The Italian ethnographer Gianni Dore has also recently done research on the Kunama.
First the historical marginalisation and suppression of the Kunama will be highlighted, followed by an
in-depth analysis of the stigmatisation of the Kunama in independent Eritrea. Emphasis will be put on
the recent government campaign against the Kunama in the wake of the 1998-2000 Eritrean-Ethiopian
war, the encroachment of Kunama land rights, and the targeting of their cultural sites and symbols
which has led to an increasing stream of Kunamas as ‘cultural’ refugees to neighbouring Ethiopia.
THE KUNAMA
The Kunama is one of the smallest ethnic groups in Eritrea, and is estimated to number between
50,000 and 140,000 people.349 They live in small scattered communities in the areas around the Setit
and Gash river basin (western lowlands), which extends up to and along the Eritrean and Sudanese
border in Eritrea and the adjacent districts of Humera and Adi Abo in the Tigray regional state in
north-western Ethiopia.350 The town of Barentu in the Gash-Setit area has traditionally been viewed
as the Kunama ‘capital’.
The frontier location of the Kunama group has positioned them in a precarious political situation. The
anthropologist Dominique Lussier describes the consequences of their location as: ‘The advent of
Eritrea as a newly created state has put the Kunama in the position of a double periphery now that
the national borders have divided them on the ground’ (Lussier 1997: 441).
The Kunama people are today nominally divided into four main groups: Kunama Aimasa, living in the
western part of the provincial capital town of Barentu; Kunama Barka, living along the river Gash in
the south-eastern part of Barentu; Kunama Marda, residing in the north-eastern part of Barentu; and
Kunama Tika, living along the river Gash in the southern part of Barentu (USCIS 2003: 2). The
traditional political structure was territorially defined, dividing the Kunama into six political divisions,
which are divided in turn into three to four sections corresponding to well-defined localities.
A history of oppression
Throughout history the Kunama have been exposed to conflict and subjugation from neighbouring
groups (Longrigg 1945; Naty 2004). The native Kunama anthropologist, the late Professor Alexander
Naty, stressed in particular the hostile historical relationship between the Kunama and the ‘Abys-
sinians’, i.e. the ruling highlanders in current day Eritrea and Ethiopia. The highlanders viewed the
Kunama as secondary people, since they were originally non-Christians and their livelihood differed
from the sedentary agriculturalist practice dominant in the highlands. Repeated raids against Kunama
villages where people were enslaved, cattle stolen and villages torched, has left an imprint in Kunama
collective memory of the highlanders as enemies (Naty 2004: 2).
Historians have documented repeated massacres on the Kunama throughout history, and in successive
raids by Abyssinian forces towards the end of the nineteenth century (and in particular the 1886
campaign by Ras Alula, the governor of Tigray), it is estimated that the Kunama was decimated from
about 200,000 to only 10,000–15,000 people (Longrigg 1945: 68-72; Erlich 1996: 101; Kibreab 2008:
80-82). With the advent of Italian colonialism, the raiding of the Kunama ceased. Italian colonial rule PDF page 118
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351Like all interpretations of historical events in the region, the role of Idris Awate is also severely contested. Thus, his
possible role in Kunama raids could be exaggerated as part of a conscious defamation campaign against Idris Awate and his
role as the ‘first Eritrean resistance fighter’, first by Haile Selassie, later by the Derg, and eventually by EPLF, all of whom
referred to him as a shifta (bandit) in order to undermine his political legitimacy and discard his representativeness as a
Muslim ‘lowlander’ .
352It is estimated that some 6000 Kunama in total served in the Ethiopian army during the 1970s and ‘80s (Gilkes 2005), a
relatively large number considering the small size of the group.
brought relative peace and stability for the Kunama people, a memory which is still cherished by
Kunama elders. Despite the Italian presence, however, irregular Abyssinian raids into Kunama territory
continued (Naty 2001). Moreover, with the collapse of the Italian colonial empire in 1941, the Kunama
were once again exposed to the whims of their neighbours.
The ‘continuity in the Kunama experience of brutal domination’ (Lussier 1997: 441) has thus been
experienced up to recent times. For instance, it is reported that during the British Military
Administration (BMA) of Eritrea (1941–52), the Kunama were exposed to conflict and subjugation from
many neighbouring groups with the apparent consent of the BMA (Lussier 1997: 444). In particular,
during 1949-50, organised warfare was conducted against the Kunama by neighbouring groups,
ironically driven by Idris Awate, the person who later became famous as the rebel who commenced the
hostilities against Ethiopian domination of Eritrea in 1961.351 An Italian journalist working in Eritrea at
the time, reported that: ‘I am positive that there is an on-going process of genocide directed against
the Kunama, whether or not the parties or neighbouring groups are conscious of this, but there is
no doubt that this is being done with the assistance of the British Administration responsible for the
territory’ (Lussier 1997: 445). These historic events feed into current sentiments of fear, scepticism and
enmity towards neighbouring groups and central authorities among many Kunama.
During the Eritrean liberation war, the Kunama were accused of being the only group which largely and
consistently supported the Ethiopian government (see also Gilkes 1983: 203; Bondestam 1989: 183-4;
Markakis 1990: 116), even though there were Kunama recruits to the EPLF in the last phase of the
war (Pateman 1990: 20-21). The Derg military junta armed the Kunama and used them to help defend
towns like Barentu and Tessenei from attacks from the EPLF. It is claimed that the Kunama military
support for the Derg army was instrumental during the EPLF siege of Barentu in 1976/77, when
hundreds of Kunama fought alongside the garrison and were recruited into the Derg army (Gilkes
2005: 235).352 When the EPLF finally captured Barentu from the Ethiopian army in mid 1984, the
Kunama as a whole suffered. It is reported that as ‘Kunama women and children fled the town they
were shot down by advancing EPLF fighters’ (Gilkes 2005).
Although many Kunama found the Derg’s policy of ethnic equality appealing – considering the unequal
power relations that existed between them and other groups, in particular the Tigrinya highlanders
(Naty 2001: 587) – this was probably not the main motivating factor for supporting the Derg. More
than being ideologically anchored, the support for the Derg was probably pragmatic, as a Kunama
elder explained: ‘We had no choice, we joined whoever came: when these came we said ‘father’, when
those came we said ‘father’ and we just stayed alive’ (Lussier 1997: 443). The seeking of Ethiopian
patronage by the Kunama may thus be interpreted as a survival strategy, as the Eritrean liberation
fronts also joined in the raids on the Kunama by neighbouring groups, forcing the Kunama to seek
protection from Ethiopian forces stationed in Barentu (Markakis 1990: 116; Gilkes 2005: 235).
A similar interpretation of the Kunama political allegiances is also supported by the British government
fact-finding mission to Eritrea in 2003, which found that: PDF page 119
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The Kunama has traditionally relied on the Ethiopian Army when larger and more powerful
ethnic neighbours attacked them. For historic reasons, although the majority of the Eritrean
population strongly supported Eritrean independence, the Kunama still maintained their
support for the Ethiopian army. (BIA 2008: 42).353
THE STIGMATISATION OF THE KUNAMA IN INDEPENDENT ERITREA
After independence in 1991, the Eritrean government included the Kunama in the compulsory national
service programme, and by that means is trying to enforce and consolidate a Kunama loyalty to the
Eritrean state. However, the tense relation between the Kunama and the EPLF government has been
sustained in the post-independence period (USCIS 2003). The Kunama’s history of supporting the Derg
during the liberation war was a stigma which immediately put them in jeopardy of government
sanctions after independence. According to Kunama representatives, the discrimination against the
group was felt immediately after the EPLF take-over in May 1991. Endrias Sisto Nada, a Kunama
spokesperson, explained that, when coming to power, the EPLF accused them of working for Ethiopia
and being Ethiopians.354
The decisive and brutal arrest immediately after the EPLF takeover of Eritrea in 1991 of at least 55
Kunama serving as administrators and civil servants under the Ethiopia government signalled the
continuation of a hostile relation between the EPLF and the Kunama. Allegedly, these people had been
involved in human rights abuses under the Derg. None of the 55 persons have been released or been
seen since then, and it is unclear if any formal charges have been pressed, or any trials held (BIA
2008: 44). Hundreds, and possibly thousands, of Kunama ex-soldiers were also detained for at least
two years after independence; some were kept for longer and it is even claimed that some may still
be in detention (Gilkes 2005: 236).
The immediate clamp-down on Kunama representatives after the EPLF take-over in Eritrea in 1991 was
soon followed by other apparently discriminatory actions directed against the Kunama. On 11 March
1995 in the town of Shambuko (also written Shambakko), two Kunama brothers were shot and killed
by police officers (who were ex-EPLF fighters of Tigrinya origin). The anthropologist Dominique Lussier
was doing fieldwork in the area at that time and interviewed a number of eye-witnesses to record the
event (Lussier 1997). The Kunama brothers were in town to market their harvest. A Tigrinya woman
complained to the police about the price they demanded, and the police officer ordered the brothers
to sell at a lower price. One of the brothers refused, saying he was not forcing anybody to buy his
harvest, and instead started packing it on his camel. The police officer prevented him from leaving,
and a fight broke out between them. A second police officer (also Tigrinya) then reportedly shot the
Kunama man dead on the spot. His brother, shocked by the incident, grabbed the gun and while
running away emptied it in the air. According to Kunama witnesses, the surrounding Tigrinya people
all pulled arms and chased after the brother and shot him dead too. In the aftermath of the event,
several Kunama were arrested (accounts vary between nine and twenty) and put in jail for months,
while none of the Tigrinya involved in the incident were questioned. It is not reported whether the
police officer who shot the first brother faced any consequences for his action.
This incident was deeply felt in Kunama society, and Lussier reports that ‘it reached momentous
proportions as a source of concern’ (Lussier 1997: 444). The incident is also corroborated by the
353In interpreting these allegiances and sentiments, it is important to distinguish between the perceptions of the Tigrinya
highland population and Eritrean nationalism. In certain contexts and discourses these two categories fuse and overlap, in
others they are separate and conflicting.
354Interviewed on 29 April 2008, in Shimelba refugee camp, Tigray, Ethiopia.PDF page 120
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355British government fact-finding mission to Eritrea, 4-18 November 2002 (BIA 2008).
356Interviewed 29 April 2008, in Shimelba refugee camp, Tigray, Ethiopia.
357Mengesteab Girmay Asres joined the EPLF in 1990 and served with the Front until 1993. He was re-enlisted in the Eritrean
army in 1998, first with the 16th Military Intelligence Unit of Regiment 161, subsequently serving as an expert of information
and cartography with various military sections until 2004. He was then transferred to the Intelligence Unit of the Third
Operational Zone, working as an investigator in the internal security/counter-intelligence section until he defected in
September 2007.
358From a recorded interview conducted for this study on 25 October 2008 (see note 358).
Eritrean anthropologist Alexander Naty as a source of increased tension between the Kunama and
Eritrean authorities in the post-independence period and a symbolic reminder of the historical animosity
between the Kunama and the Tigrinya highlanders (Naty 2002b: 3).
The outbreak of the new war between Eritrea and Ethiopia in May 1998 further worsened the already
tense relations between the Kunama and central Eritrean authorities, as it revived the image of the
Kunama as Ethiopian collaborators and spies. Unlike people of other ethnic groups, the Kunama did
not flee their home villages when the Ethiopian forces occupied Eritrean territory during the war. They
remained in their villages and the majority ignored the Ethiopian presence. Eritrean authorities thus
accused the Kunama first of failing to resist the Ethiopian military offensive, later of allegedly assisting
the Ethiopians and showing them secret unguarded border-crossing points on the Mereb river (Naty
2001: 588; Gilkes 2005: 237).
The existence of the Kunama resistance movements – the Democratic Movement for the Liberation of
the Eritrean Kunama (DMLEK) and the Eritrean Democratic Resistance Movement-Gash Setit (EDRM, also
called Sawrawi Baito)355 – and Ethiopia’s support for their politico-military operations, has furthermore
reinforced such a view among highlanders and the Eritrean government. Endrias Sisto Nada, a Kunama
spokesperson, claims: ‘Today the Government has one aim: they say that we are siding with the
opposition and they kill us and imprison us’.356
This view is corroborated by a recently defected Eritrean intelligence officer, Mr Menghesteab Girmay
Asres.357 His security unit (the Third Operational Unit) was responsible for following and targeting the
Kunama community around Mendefera. Menghesteab Girmay Asres offered two reasons for the
government’s campaign against the Kunama:
The first reason is that the government has for a long time quarrelled with the Kunama; and
the second reason is that the Kunama has strong opposition groups who struggle for the
rights of Kunama people. These opposition groups are strong enough to attack military
camps and they are destroying government properties. The government is really concerned
for this group. The problem is that the government can’t destroy the opposition group as
they can’t find them. The government knows that the Kunama people as a whole are the
base and the supporters of this opposition group and that is why the government attempts
to eliminate the Kunama.358
During the Ethiopian military offensive, Operation Sunset, in February/March 1999, Kunama resistance
forces allegedly joined in behind the Ethiopian troops. As large parts of the Eritrean western lowlands
fell into the control of Ethiopian military, including the regional capital Barentu, the Kunama front was
given delegated administrative authority by the Ethiopian Army in their home areas. When Ethiopia
withdrew from uncontested Eritrean territories in 2000 after signing the cease-fire agreement, this
created anxiety and fear among the many Kunama who had assisted or accepted the Ethiopian military
presence in the Eritrean western lowlands. Immediately after the Ethiopian pull-out, it was reported
that Kunama who had helped in administering Barentu under Ethiopian control were arrested and PDF page 121
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killed (AI 2001). Further, in the comprehensive country study on Eritrea from 2004, Amnesty
International reports that:
An unknown number of Eritrean civilians were detained in fighting zones during the war on
suspicion of collaborating with the Ethiopian army, especially when the Eritrean army
regained areas captured by the Ethiopian army in southern Eritrea. This was particularly the
case with members of the Kunama ethnic group (or ‘nationality’) in south-western Eritrea.
The Kunama have historical connections with Ethiopia and were as a result suspected of
Ethiopian sympathies during the war. Scores of Kunamas are allegedly still secretly detained
on suspicion of welcoming the Ethiopian army when it captured parts of southwestern
Eritrea. (AI 2004: 11).
Kunama representatives claim, in a letter sent to Amnesty International in November 2000, that
immediately after the war ended, some 600 Kunama men, women and children were forcefully taken
and transferred to Sahel (the mountainous and barren region of north-eastern Eritrea), after which their
whereabouts was unknown (Gilkes 2005: 237). The US State Department corroborates these reports,
and writes in its country study on Eritrea for the year 2002 that: ‘There was no information available,
nor is any likely to become available, on the several members of the Kunama ethnic group who were
detained without charges on suspicion of collaborating with Ethiopian forces in 2000’ (USSD 2003).
It thus seems plausible to argue that the Eritrean government’s retaliation against the Kunama after
the Ethiopian pull-back in 2000 was not only directed against the Kunama resistance movement per
se, but was intended as a collective punishment. A Kunama woman explained that: ‘When the
Ethiopians left, we were suspicious about revenge the Eritreans might take on us saying we helped the
Ethiopians’.359 Hence, more than 4000 civilian Kunama fled Eritrea alongside the Ethiopian army when
it pulled back under the cease-fire agreement. These Kunama are mostly from the two villages of Fode
and Anugulu, whose districts fell under the control of the Ethiopian army during the war. From the
point of view of the Eritrean authorities, this action confirmed the accusations that the Kunama had
sided with Ethiopia during the war. In this context, it must be remembered that tens of thousands of
Kunama remained in Eritrea, and did not flee alongside the Ethiopian army. Furthermore, thousands of
Kunama youth fought in the Eritrean army against Ethiopia during the war. The native Kunama
anthropologist Alexander Naty questioned, on this ground, why only the Kunama are stigmatised as
‘not true Eritreans’ by the Eritrean government, while other segments of the Eritrean population have
also collaborated with different Ethiopian regimes.
REGIME REVENGE: THE 2007 KUNAMA CRACK-DOWN AND MASSACRE
Apparently, the Kunama’s fear of revenge after the 1998-2000 war was well founded. The former EPLF
liberation fighter and later intelligence officer in the Eritrean army, Mr Menghesteab Girmay Asres, has
described in detail how the military intelligence and interrogation system operates in general, and how
the Kunama were targeted in particular. The following account is based on Mr Menghesteab’s testimony
given in October 2008.360 At the beginning of 2007, a special intelligence operation was ordered
against the Kunama, while army security units in Shambako, Bushuka, Maidima and Mendefera started
‘collecting Kunama and abusing them horribly’.
359UN Integrated Regional Information Network for Central and Eastern Africa (UN IRIN-CEA), ‘Plight of the Kunama Refugees’,
2 December 2002, at http://www.irinnews.org/PrintReport.aspx?ReportId=38494.
360Menghesteab Girmay Asres gave his testimony, in a broadcast on the exiled Eritrean television channel,‘Eritrean Voice TV’,
on 18 October 2008. He repeated his testimony in a recorded interview conducted in Addis Ababa on 25 October 2008, by
Anna Little, on my behalf and for the Eritrea Human Rights Study, organised by the Oslo Centre for Peace and Human Rights.PDF page 122
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At the beginning of 2007, 70 Kunama were imprisoned under harsh conditions in Barentu. The Eritrean
army continued its persecution of the Kunama in areas such as Faulina, Boshoka, Shimbako, Bimbilna,
Tolegamuja, Aymaba and Koyta Biya, as they were accused of being sympathisers of the Kunama
resistance front (DMLEK). Allegedly, children as young as nine were taken into custody in these
operations, where a total of 300 Kunama were detained. Menghesteab asserts:
The prisoners were bloodily harassed, molested and tortured in order to say yes to the
accusations which were alien to them and they knew nothing about. […] If you are going
to arrest someone you should have some evidence against them, but for those people there
was no evidence or a reason for us to interrogate them. They were innocent and there was
no reason to interrogate them – we just brought them to beat and to kill them and we were
treating them very badly – beating them till they died. In general, the aim of the government
is to kill and beat the Kunama, not to interrogate.
The prison conditions, too, worsened the plight of the Kunama, as explained by Menghesteab:
The conditions for [the Kunama] prisoners were awful. We didn’t allow them to change their
clothes, we didn’t allow them to see their family, we always forced them to walk without
shoes, and we always gave them small amounts of food and water – in order to weaken
them and to make them sick and die. When they got sick we didn’t give them medical
treatment and because of this they were having mental and physical problems.
We forced them to do hard work, and we took their private property like money, house,
gold, and necessary documents, and other privately owned things. We would put 23 to 26
people in a small cell so that many would nearly die because of the shortage of fresh air.
We scared and beat them continuously, and they couldn’t escape. I have seen a lot of
prisoners going crazy, and facing different kinds of diseases. I also saw some of the
prisoners disabled because of the heavy beatings. I also saw prisoners die inside the prison.
Of the around 300 Kunama detained during the period of January to May 2007, Menghesteab reports
that the outcome of their cases differed:
(a) Ten children aged 9–13 years were sentenced to 6 months custody at Halhale
rehabilitation centre of the Third Operational Zone;
(b) Thirteen individuals aged 13–18 were sentenced to between one and four years
incarceration in Adi Quala;
(c) Around 250 Kunama of all ages, including mothers with infants, were sentenced to
between one and 20 years incarceration in Adi Quala;
(d) Two individuals died during interrogation (names withheld by the author); and
(e) 26 individuals were poisoned and killed (the names of 18 of them are withheld by the
author).
The most shocking incident reported by Menghesteab Girmay Asres was the brutal killing by poison of
some of the individuals who had been detained. All of them were Kunama men; many were known to
have close relatives in the Kunama resistance front (DMLEK). The alleged killings of these individuals
were not only committed to intimidate the Kunama collectively, but also to cover-up a propaganda
initiative by the Eritrean government. In order to justify and create a propaganda diversion of the
Kunama crack-down, twelve Kunama prisoners (detained in Mendefera) who spoke Tigrinya well were
forced to confess and testify on camera that they were part of the Kunama front (DMLEK) and were
responsible for planting anti-vehicle mines in Shamboko, Geze, Erab, Bimbilna, Sinshale and Adi
Tekleheimanot at the beginning of 2001. The Eritrean government wanted material which exposed
Ethiopia’s war of proxy by the means of the Kunama front, in order to undermine its legitimacy in the
eyes of the Eritrean people. Allegedly, the Minister of Information personally provided both a journalist PDF page 123
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361Menghesteab recollects the names of 18 of the 26 persons killed. The names are deliberately not published here, but may
be provided upon request. The specific location of their grave is inside the prison premises of the 25th Regiment Intelligence
Unit in Mai Dima. The camp is located around Berakit mountain, on the way to Obal.
and a cameraman (names withheld by the author) to the operation run by the Major General (name
withheld by author) who was commander of the Third Operational Zone. The Kunama prisoners
performed as they were instructed, ‘confessed’ their misdeeds and praised the EPLF/PFDJ for the
adequate and good treatment they had received while in custody.
Afterwards, the prisoners were taken to the prison camp at Mai Dima, run by the Intelligence Unit
of the 25th Regiment. In the camp, they were told to dig a hole in the ground 5 metres deep and 4
metres square. In order to assist in this work, an additional 14 Kunama prisoners were brought from
Adi Quala. After the hole was complete, the officer in charge of the case, a Major (name withheld by
the author), brought two containers of 20 litres of a certain poisonous chemical from Meandere to
the Mai Dima camp. He then dismissed the regular camp security, and brought in a special team of
six intelligence officers from Mendefera (names withheld by the author) to carry out the massacre. All
the 26 prisoners were then allegedly poisoned during one day in April 2007, and dumped in the hole
they had previously dug.361 After the operation, the officers of the Intelligence unit were ordered by the
commander of the Third Operational Zone to send all personal documents and belongings of the
victims to his headquarters. Reports about the massacre were later filed with the Third Operational
Zone and the Ministry of Defence. The Minister of Information was also later informed about the
incident, as he wanted to use the prisoners for another propaganda mission. Reportedly, the Minister
expressed dissatisfaction and regret about the measures taken.
Considering the extremely abhorrent and grave accusations reported above, one should be very
cautious to state them as facts. Although Mengehsteab Girmay Asres appears to be a credible eye
witness to the events, the only other concrete information we have on the spring 2007 crack-down on
the Kunama is provided by the Kunama resistance front (DMLEK). This may, however, also serve as an
illustration of how totalitarian and authoritarian Eritrean society has become, as possible information
about such grave incidents of human rights abuse does not filter through to the international
community until one year after they allegedly have taken place.
ENCROACHMENT OF KUNAMA LAND RIGHTS
The tense relations between the Kunama and the EPLF are not only grounded in perceived opposing
political allegiances, but also stem from the new development policies drafted after independence.
Within a matter of months after liberation, the new government sought after land on which it could
re-settle both demobilised fighters and returning refugees from the Sudan. The lack of fertile
agricultural land in the overpopulated highlands was also a concern, and settlement areas for Tigrinya-
speaking highlanders were needed. In the eyes of the government, the agro-pastoral lands of the
Kunama in the fertile region of Gash-Setit were significantly under-utilised, and thus were an
appropriate area to exploit development wise (Gilkes 2005: 236).
The Gash-Setit area has not until recently experienced any considerable settlement flows. The area
was perceived to be on the periphery by political decision-makers and remained under-developed and
marginalised; the local inhabitants were basically left in control over their own land. Only some of the
urban centres (Barentu, Shambako, Dokimbia, Tessenei and Omhajer) experienced some new settlers
from other ethnic groups, mainly highland Tigrinya speakers and people from the Tigre group (Naty
2002b). These individuals were either posted to the western lowlands as administrators of the state,
or attracted to these areas for small-scale business purposes (as shop and bar owners). PDF page 124
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362Land proclamation, The Government of Eritrea (Gazette of Eritrean Laws), No. 58; 1994.
363Whether it was intended or not, the land policy has opened up the western lowlands in general for migration by Tigrinya
highlanders, as on the one hand pastoral lands are perceived as un-exploited by the authorities and thus suitable for
sedentary cultivation; and to urban centres where Tigrinya speakers fill the roles of administrators and civil servants. It is,
however, more or less impossible for outsiders to settle in the highland Tigrinya area, since all the land is cultivated by
sedentary agriculturalists.
364See, for instance, Government of Eritrea, Department of Agriculture (December 1992): ‘A Proposal of Rehabilitation and
Settlement Scheme for Returning Refugees in Eritrea (Agricultural Component)’, Asmara, Eritrea.
365ILO Convention 169 furthermore substantiates minorities’ claims to land.
366According to Alexander Naty, they have been settled in the villages of Alabu, Fanko, Garsat, Gergef, Tabalida, Dokimbia,
Omhajer and Samunait.
367I first visited this area and Barentu town in September 1991, just months after the military liberation of Eritrea. At that
time, Barentu was predominantly a Kunama settlement. Today, the Kunama do not constitute a strong visible presence in
Barentu.
After independence, the Eritrean government abolished in principle and by law all traditional land
tenure forms, and made all land the property of the state.362 The rationale behind the reform as
stated in the preamble of the new land proclamation was that the old land tenure systems were not
compatible with the modern needs for development of the new state. In the government’s development
outlook, landed resources are viewed as a commercial factor – as a means to increase production
output – so as to enhance Eritrea’s food security. Within the government’s nation-building strategies,
moreover, land is viewed as an impediment to creating a mobile and homogenous population, as
traditional land tenure arrangements tie people to a certain locality through descent rights in land
(Tronvoll 2000).
One of the key changes introduced by the new proclamation is that, although priority to usufruct of
land will be given to local villagers, any person may ask for land in any place where he or she wants
to live (Tronvoll 1998b). Traditionally, land rights in Eritrea are traced through descent and habitation
rights. By severing people’s connection to land through descent, the government wanted to make
people more geographically mobile, which again would encourage commercial farming and a better
exploitation of the land resources. The government-appointed land commissioner assumed that ‘the
whole concept of attachment to land will change resulting from this’, and viewed this as an important
intended effect of the reform (Tronvoll 1998b: 472).363
The new legislation enshrines that the land administration will take local conditions into consideration,
including available areas of agricultural land and the number of inhabitants in the area, in order to
distribute the usufruct rights equally. From the capital, the vast Kunama plains of Gash-Setit were
perceived as semi-vacant and large areas of land were put aside for resettlement and agricultural plan-
tation schemes.364 The only thing was that the land was not vacant; the Kunama perceived this to be
their ancestral land (USCIS 2003). The Kunama thus claim that the new land policy of the government
undermines the clan-based traditional ownership rights of the Kunama (Naty 2002b). The government-
sanctioned encroachment on Kunama land is thus a violation of Article 27 of the ICCPR on the protec-
tion of minorities (ratified by Eritrea). The interpretation of the article is clear on the matter that when
minorities reside primarily in a certain bounded geographical area – like the Kunama – their members
may not be denied access to and residency in this area (Novak 2005: 659). Furthermore, ‘All measures
which threaten the way of life and culture of a minority, such as large-scale expropriations of minority
lands for commercial purposes’ constitute a violation of Article 27 of the ICCPR (Novak 2005: 659).365
Most of the mixed groups of returnees from Sudan (refugees from the war of liberation) have settled in
the Gash-Setit region.366 Moreover, the Ali Gidir area in western Gash became the centre of large-scale
agricultural development projects, and Gilkes reports that ‘thousands of highlanders moved into
Barentu and other Kunama towns and villages, over 30,000 into the area of Barentu alone’ (Gilkes
2005: 236; see also Naty 2002b).367 The new settlers compete with the local population over the PDF page 125
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utilisation of resources, leading to increased tension in the area. As the big mechanised farms are
mostly owned and operated by Tigrinya highlanders, the conflicts between the Kunama and the new
development initiatives of the state, inevitably embody an ethnic gist.
The rapid change of local control of land – perceived as land encroachment by the Kunama – was
conducted in such a manner that even the EPLF-appointed Kunama governor of Gash-Setit region,
Germano Nati, protested. His objections were all in vain, and he was immediately ‘frozen’368 and
in 1996 replaced by a loyal appointee described by the Kunama as ‘our main enemy’ (Gilkes 2005:
236-7). Germano Nati was later arrested as a member of the G-15 group and part of the 2001 dissent
process and is still languishing in incommunicado detention (see chapter 4).
The anthropologist Lussier claims that the ‘forced removal of local communities partly because of
refugee resettlement, is an on-going process specific to Kunama land’ (Lussier 1997: 443, my
emphasis). If so, it is an even worse case of minority rights violation, according to Article 27 of the
ICCPR. However, other areas of the Eritrean western lowlands are also used for re-settlement
programmes (affecting the Beni Amer and other groups), which dilutes Lussier’s claim. On the other
hand, in addition to the ‘villagisation’ programme, there are also other state interventions on Kunama
land, like industrial plantation schemes, ‘wiping out the existence of time-honoured strategies of
coping with hunger’ (Lussier 1997: 443). Other observers of Eritrea note that the seizure of Kunama
lands continues (Gilkes 2005), and Kunama representatives interviewed as part of the research for this
study stress this point.369
In the wake of the new Eritrean-Ethiopian war (1998-2000), encroachment on Kunama land was
sustained. Internally displaced Tigrinya from the highlands were settled in the Kunama villages of
Delle, Tolegamaja and Karkon (Naty 2002b: 3). Furthermore, the Kunama villages of Fode and Anugulu
and the surrounding fertile agricultural lands – whose population had fled alongside the retreating
Ethiopian army – were allegedly given to around 500 displaced Tigrinya speakers from Adi-Bare (near
Badme village).370 The US State Department corroborates in general this information in its 2002 human
rights Country Report on Eritrea:
In 2001 there were unconfirmed reports that the Government took land from Kunamas
without compensation and gave it to other ethnic groups on the grounds that the land had
not been efficiently exploited. There also was an unconfirmed report that Eritrean refugees
returning from Sudan were resettled on Kunama fields after evicting the native Kunama
(USSD 2003)
Further, a British fact-finding mission to Eritrea also took note of a number of land disputes between
the government and the Kunama, ‘whereby the Kunama are pushed into ever-diminishing tribal lands,
as the non-Kunama population expands to relieve pressure in the more densely populated parts of
Eritrea’ (BIA 2008: 42).
Denied the possibility to do on-the-ground research and surveying of the Eritrean government’s
encroachment of Kunama land, it is difficult to give estimates of the impact (area or population wise)
on the Kunama of the Eritrean government’s development and resettlement schemes in Gash-Setit. It
appears, however, these plans are in breach of Article 27 of the ICCPR. Furthermore, it seems relevant
368To be ‘frozen’ entails that person is derived of all politico-administrative powers, and sometimes even put under house-
arrest, until President Isaias Afwerki is once again comfortable with the individual’s loyalty. It is a strategy frequently used by
the President towards people who questioned or protested against his decisions.
369Endrias Sisto Nada, a Kunama spokesperson, interviewed on 29 April 2008, in Shimelba refugee camp, Tigray, Ethiopia.
370Interview with Kunama representatives in Shimelba refugee camp, Tigray, Ethiopia, on 28 April 2008.PDF page 126
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371The religious rights and protection of holy sites of minorities are integral to Article 27 of the ICCPR, in addition to being
protected as a separate right under Article 18.
372Communicated to the author via e-mail from Kunama refugees in Shimelba refugee camp in Tigray, Ethiopia. August 2008.
373Interviews in Shimelba refugee camp, Tigray, Ethiopia, 28-29 April 2008.
374Generally, military use of land (including minority groups’ homelands) may be acceptable under human rights law, as there
is a wide margin of appreciation in relation to the needs of the state (in times of emergency and war and state security).
However, if there is abuse in a specific situation in order to violate minority rights (or people belonging to a minority), the
‘necessity argument’ will no longer be valid.
to argue that any government, which claims to act in the interests of its people, ought to consult
with groups concerned about their interests and viewpoints on specific development policies affecting
them directly or indirectly. The Kunama objections have apparently, in this regard, been overlooked or
ignored.
NEW WAR: KUNAMA CULTURE BELEAGUERED
Kunama land is not only encroached upon by new civilian settlers, but also by military intervention.
The Kunama claim that the Eritrean army is deliberately and consciously establishing bases in Kunama
villages and on Kunama holy sites, in order to violate their cultural heritage.371 The unsettled border
demarcation situation and the failed peace process with Ethiopia requires Eritrea to maintain full
mobilisation along the Ethiopian-Eritrean border. Since the Kunama home areas lie close to or straddle
the border, many Kunama villages and towns have been converted to military bases. Reportedly, the
following Kunama villages in the vicinity of Barentu, are or have been used as base areas for various
military divisions; Prima-Kanteri, Maˇra-rarata, Laˇwsi‘, Duta, Gulul, Balak, Shilibo.372 Confiscation
of land for military purposes is allegedly not limited to the Barentu area alone, but is taking place
throughout Gash-Setit region; thus impacting on many Kunama communities. The Kunama argue that
it is a deliberate strategy by the Eritrean government to confiscate land for military purposes and
locate military facilities in civilian Kunama villages, in order to dilute Kunama cohesion and cultural
distinctness. As part of the strategy to break-down Kunama culture – and political resistance – Kunama
refugees claimed that Kunama girls are either raped or lured into sexual relations with military
personnel from the Tigrinya group, so that their children will be considered Tigrinya offspring and not
Kunama.373
The perception that Kunama culture is deliberately beleaguered is corroborated by reports that Kunama
holy sites are being used for military purposes by the Eritrean government. The Kunama culture
venerates specific locations for specific ritual purposes during certain time-periods.374 These locations
are considered holy by the Kunama, and are not supposed to be used for purposes other than the
specific cultural rituals. For instance, in Koˇna, close to Shambuko, the kuˇnduˇra ritual is celebrated
annually. During this event, traditional leaders of the Kunama will pass on cultural knowledge to new
generations. In Koyta (in Soˇsoˇna‘ district), the indodagalba ritual is performed. On this occasion,
Kunama ritual leaders accept sacrifices offered by the community and pray for rain and protection of
the forthcoming harvest. Furthermore, twice every decade (in the ninth and tenth years) the tu’ka ritual
is celebrated at Soˇsoˇna‘. On this occasion the Kunama make sacrifices for the communal well-being
and increase of the group. Finally, the ana-ila ritual is celebrated in Agisha and Alay-Saglia (close to
Shambuko) and in Odase (in Fode district). This is a rite of passage where young Kunama boys are
initiated into adulthood. A group of boys (from 10 to 100) are collectively accompanied by elders to
the sites of worship, where they are instructed on cultural ethics, moral stature, traditions and
discipline. Passing this ritual is crucial for Kunama boys, as it prepares them for adult responsibilities
(like getting married) and grants them access to further cultural rites and events.
On all these holy ritual sites, the Eritrean government has allegedly established some type of
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designated holy areas; or if they try, it is claimed that Kunama boys when they attend at the place of
veneration have been forcefully conscripted into the army.375 This is a particularly severe breach of the
protection of minority rights enshrined under Article 27 of the ICCPR.
One other concern raised in relation to the performance of Kunama cultural traditions is the govern-
ment’s treatment of the Sanga-Na´ne. The Sanga-Na´ne are honoured individuals (descendants of the
Nataka clans) who function as mediators and peace makers in Kunama society. When conflict occurs
among the Kunama, over land or individual grievances (even in cases of fatal woundings), the Sanga-
Na´ne intervenes in order to stop a cycle of revenge and to reconcile the conflicting parties. The
Kunama accuse the central authorities of undermining the position of the Sanga-Na´ne in Kunama
society, having prohibited their role as ‘peace-makers’.376 The targeting of traditional authority among
the Kunama has forced many Sanga-Na´n to flee to Ethiopia, or to renounce their ritual practices.
Consequently, it is argued that intra-Kunama conflicts have been on the increase, since their traditional
mechanisms of conflict resolution is banned; and due to lack of trust, few Kunama view government-
sanctioned conflict resolution mechanisms as an alternative.
EXIT KUNAMA: POLITICAL REPRISAL AND CULTURAL CONSEQUENCES
There is a steady, and increasing, flow of refugees fleeing Eritrea every month; about 700 and 400
Eritreans arrive in the Sudan and Ethiopia respectively.377 Eritrea is ranked in the top three in absolute
numbers of principal refugee-producing countries in the world (after Iraq and Somalia); a total of
36,000 Eritrean refugees were registered fleeing the country in 2007 (UNHCR 2008: 15).378 Considering
the small population size, of less than 3 million people, Eritrea is the largest absolute producer of
refugees in relative numbers in the world.
In order to curtail the increasing flow of refugees, the Eritrean government has declared draconian
measures of border control (where border patrols can open fire on sight on people believed to be
fleeing the country), in addition to severe penalties imposed on family members left behind in Eritrea.
For every person fleeing the country, the remaining family must pay a fee of 50,000 Nakfa
(approximately US$3500), serve three-months hard labour in detention camps, or alternatively languish
in one-year’s imprisonment. If two or more family members are caught fleeing, the punishment
increases correspondingly. It has been reported that mothers and fathers over 70 years of age, without
the capacity to pay the fee, have been thrown into jail as retaliation for escaping sons or daughters.379
The collective pressure and reprisal campaign against the Kunama is reportedly being intensified, as
the Eritrean government, according to the Kunama opposition (DMLEK), allegedly ordered the Kunama
farmers to give half of the produce they harvested during the 2008 season to the government.380 This
will further undermine the collective sustainability of the group.
375Based on information gathered through interviews with Kunama in Shimelba refugee camp, Tigray, Ethiopia, and
subsequent written statements from refugees through e-mail to the author.
376From a human rights non-discriminatory perspective, the Eritrean government may prevent ‘multi-jurisdication’, but only
if they do so with a similar policy towards all groups in the country. Since the government encourages traditional commu-
nity courts among the dominant Tigrinya highlander group, this seems to be a case of discriminatory practice against the
Kunama, which thus constitutes a breach of the government’s human rights obligations under ICCPR.
377In 2007, 14,100 new claims were registered in Sudan and 7800 in Ethiopia (UNHCR 2008).
378An unknown number of Eritreans flee the country (across the Red Sea, through Somalia or over the deserts of Sudan)
without registering with any refugee authority.
379Since these sanctions are imposed on all Eritreans no matter their ethnic origin, it is not a violation of minority rights, but it is in
contravention of civil rights principles in general (collective punishment, the right to leave the country, rule of law, etc.).
380Waltainfo: ‘Eritrea orders Kunama farmers to hand over half produce’, 4 November 2008, at: http://www.waltainfo.com/
walnew/index.php?option=com_content&task=view&id=4249&Itemid=45. Walta Information Center (WIC/Waltainfo) is an
Ethiopian-government-friendly information service.PDF page 128
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381Interviews with Kunama refugees in Shimelba refugee camp, Tigray, Ethiopia, 28-29 April 2008.
382Interviewed 29 April 2008.
383US Department of State/US Department of Homeland Security/US Department of Health and Human Services: ‘Proposed
Refugee Admissions for Fiscal Year 2008: Report to the Congress’, submitted to Committees on the Judiciary, US Senate and
US House of Representatives, p. 23.
384These abuses are of course not attributable to the Eritrean government, and thus do not constitute human rights viola-
tions per se.
385Paul Salopek, ‘Refugees fear sharing same fate as Kunta Kinte’, Chicago Tribune, 17 July 2007.
The majority of the current refugees are national service personnel (UNHCR 2008), mostly men, who
flee the country based on personal motivations (for a better future with hope for continued education
or employment) or grievances (fear of arrest and torture). Since the majority of the national service
personnel are drawn from the largest ethnic group, the Tigrinya highlanders, they also constitute the
bulk of the refugees. With the exception of the Kunama, there is seemingly no other ethnic group
whose members cross the border en masse with their whole families and possessions.
Considering then the brutal and unfair reprisal strategy employed by the Eritrean government against
the family members of refugees left behind, the Kunama as a group is particularly affected. With the
exodus of thousands of Kunama, this places a potentially heavy financial burden on the remaining
families, both for payment of ‘fees’ and the costs of incarceration. The policy of collective retaliation
towards families of Eritrean refugees has reportedly engendered great consternation among the
Kunama. This has prompted even more Kunama families to flee the country, despite the inherent
dangers of crossing the borders.381
In the eyes of many Kunama, the combined impact of the Eritrean government’s discriminatory policies
and actions threaten to make the Kunama cultural heritage extinct in Eritrea. This notion is further
fuelled by a statement allegedly offered by President Isaias Afwerki in response to the massive flight
of Kunamas in 2000 alongside the Ethiopian army: ‘Eritrea is now home to nine ethnic groups, minus
one’. Kunama refugees in the Shimelba camp embodied the same impression, as they claimed: ‘We
are no longer considered to be Eritreans’.382 This information corroborates the orders to ‘eliminate the
Kunama’ allegedly given to the Eritrean internal security forces, as referred to above.
UNHCR began discussions with Eritrean and Ethiopian authorities in 2004 on the possible voluntary
return of the Kunama to Eritrea. The Eritrean government was allegedly prepared to welcome the
Kunama back to their homeland; however the refugees were sceptical and reluctant to take up the
offer (BIA 2008: 80). Considering the particular collective motivation for fleeing and the risk of return-
ing to their country of origin, the more than 4000 Eritrean Kunama in the Shimelba refugee camp
were granted resettlement in the United States as a group (CORC 2007). To the bewilderment of many,
the majority of the Kunama in Shimelba refugee camp – about 2800 individuals – chose not to be
included in the UNCHR referral (CORC 2007). Of the 1200 Kunama who accepted the offer, over 700 will
be resettled in US by the end of 2008.383
The reluctance shown by many Kunama to go the US may be influenced by the position of the Kunama
resistance front, the Democratic Movement for the Liberation of the Eritrean Kunama (DMLEK), who
fear that their people may become culturally extinct if a mass exodus to the US occurs. Thus, they try
to convince the Kunama refugees to stay in the camp in order to be ready to return to Eritrea after the
fall of Isaias Afwerki. Different means are used to communicate this position by the DMLEK, including
a ‘fear campaign’.384 Allegedly, the Kunama front is using the Shimelba refugee camp as a recruiting
pool for their resistance against the Eritrean government. They have allegedly told the refugees that if
they go to US, they would be sold as slaves and treated badly. In order to illustrate their possible fate
in the US, the television drama series Roots (1977), about African slavery in America and featuring the
historical individual, Kunta Kinte, and his descendants, has been screened in the camp.385 PDF page 129
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The majority of the Eritrean refugees in Shimeba are fed up with war and terror, and there is the same
feeling among the Kunama. A group of young Kunama men interviewed in the camp gave a response
in unison on the issue of resistance towards the Eritrean regime:
We hate to fight; so the Kunama Front is not that attractive to us. But we are still blamed
and punished for their activities by the Eritrean government. We are even insecure here in
the camp, since the Front [DMLEK] has good contacts with Ethiopian authorities. So we feel
insecure here. We see that people are being kidnapped from the camp. Maybe they are
taken by the Front to become soldiers.386
Stories about abductions, forcible recruitment and threats towards the Kunama in the camp are
rejected by the DMLEK. They claim that all recruitment is voluntary, based on the wish to remove
President Isaias Afwerki from power: ‘We want a change in Eritrea by all means. We want democracy
and development for our people’.387 The DMLEK claims, as also stated by the defected security officer
Menghesteab Girmay Asres, that the Eritrean government has recently intensified its operations against
the Kunama with the aim of eliminating the group, as a response to the resistance exhibited by the
movement.388
It appears that the Kunama refugees in the Shimelba camp are caught between a rock and a hard
place; forced to flee their country in fear of persecution and possibly death at the hands of the
Eritrean government; concerned that their cultural heritage may become extinct due to government
campaigns and land encroachment; anxious of being resettled to a unknown life in the US; and, while
remaining in the camp, constantly insecure about possible coercive recruitment into the Kunama
resistance front.
Although the history of atrocities against the Kunama and their current disadvantaged position in
relation the Eritrean authorities are quite unique in an Eritrean context, other minority grievances –
than the Kunama – are also expressed against the EPLF government. The limitations of this study
prevent an in-depth coverage of all ethnic groups in Eritrea; but for the sake of illustration the
situation of the Jeberti is worth mentioning (Bariagaber 2006: 18).389
BEYOND THE KUNAMA: THE DIS-RECOGNITION OF THE JEBERTI
The history and the plight of the Jeberti people is somewhat parallel to the situation of the Kunama.
The Jeberti are Tigrinya-speaking Muslims living in urban centres in the highlands of Eritrea and Tigray.
Since their conversion to Islam, centuries ago, they have been marginalised and persecuted by the
majority Christian Orthodox highlanders. For instance, being Muslims in the Christian highlands,
the Jeberti were barred from tenure to agricultural land, forcing them to settle in small towns and
concentrate on crafts and trade. In the deeply sedentary agriculturalist culture of the highlands, lacking
access to land perpetuated the marginalisation of the Jeberti. Over time, the group has thus developed
a distinct culture separating them from the other Tigrinya-speaking Christian highlanders.
Due to their marginalised position in society, the Jeberti sought to be recognised as a distinct ethnic
group (nationality) under the 1987 constitutional reform in Ethiopia, which in principle emphasised
386Interviewed in Shimelba refugee camp, Tigray, Ethiopia, 29 April 2008.
387Interview with the DMLEK leaders, Kornelious Adolay Osman and Hosein Khalifa, in Addis Ababa on 26 April 2008.
388Walta Information Center: ‘DMLEK condemns growing barbarity of Eritrean government’, 5 August 2008, at: www.waltainfo.
com, accessed 23 September 2008.
389Another group worth mentioning is the Afar. Since the Afar territory straddles the borders between Eritrea, Ethiopia and
Djibouti, and the added concern that there are various political movements among them which advocate for a special Afar
homeland, they appear to be a potential threat to the nationalistic policies of the Eritrean government and are thus suscep-
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390Information given to the author by the late Dr Assefa Medhane, Professor at the Department of Political Science and
International Relations, Addis Ababa University. Dr Assefa headed the Derg task force to assess the request by the Jeberti for
recognition as a nationality.
391Information given to the author by Dr Yassin’s family.
392See press release, ‘Constituent Congress of a new Eritrean mass party opens sessions (media team at site of Congress)’,
25 July 2008, at: http://www.nharnet.com/July_2008/RC_Party_Congress_E_1_July2708.pdf, accessed 26 September 2008.
their rights to cultural autonomy. On the recommendation of a special task group, Mengistu
Hailemariam granted the Jeberti status as a distinct ethnic group, entailing inter alia separate
representation in the Ethiopian parliament (shengo).390
The Jeberti case seemingly goaded the EPLF on several aspects. First of all, both during the struggle
and in particular after independence, the EPLF’s ideological and policy emphasis has been on creating
national congruence, opposing all ethnic, sectarian, religious, or parochial claims and sentiments.
Thus, an argument for recognition from a sub-group which EPLF perceived to be part and parcel of
the Tigrinya highlanders appeared nonsensical. In the eyes of the EPLF, ethno-nationalities are mainly
defined by linguistic criteria; hence the Jeberti should be classified as belonging to the Tigrinya group.
The Jeberti argument of distinctiveness was thus interpreted as subversive to their national liberation
struggle. This view was underpinned by the fact that the Jeberti turned to the Ethiopian government
for acceptance as a culturally distinct group, and was subsequently granted such status. The ‘coopera-
tion’ with the Ethiopian government by representatives of the Jeberti collectively stigmatised the group
in the eyes of the EPLF. Consequently, towards the end of the liberation war, the EPLF deliberately
targeted the Jeberti community. Their leader, Dr Yassin Aberra, was assassinated by the EPLF outside
his own house in Asmara in January 1991, just four months prior to liberation.391
The killing of the Jeberti leader made it clear that their claim for ethnic minority status would not be
tolerated by the EPLF in independent Eritrea. After independence, many Jeberti fled the country and
their struggle to be recognised as a distinct cultural minority is carried on by Jebertis in exile. The ex-
iled Eritrean al-Nahda Party is predominantly composed of Jeberti, and is part of the broader coalition
of Eritrean opposition movements supported by the Ethiopian government.392
FINAL REMARKS
The Eritrean Constitution states that ‘all persons are equal under the law’ (Art. 14.1) and that no per-
son may be discriminated against on account of race, ethnic origin, or language (Art. 14.2). A similar
prescription is found in both the ICERD and ICCPR, which Eritrea has ratified. It seems clear that the
Eritrean government is violating its own Constitution and international law with its apparent discrimi-
natory practice against the Kunama minority group, and possibly other minority groups too.
The apparent governmental targeting of Kunama cultural sites and traditions, in addition to harass-
ment, intimidation and detention of Kunama representatives which has driven several thousands of
families into refuge in Ethiopia, is raising concern among the Kunama that their unique culture is
under threat and dying off in Eritrea today.PDF page 131
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ANNEX I
The international and regional human rights instruments to which Eritrea is a party include
the following:
• UN Convention on the Rights of the Child (1994)
• UN Convention on the Elimination of all Forms of Discrimination against Women (1995)
• African Charter on Human and Peoples’ Rights (1999)
• African Charter on the Rights and Welfare of the Child (1999)
• International Convention on the Elimination of All Forms of Racial Discrimination (2001)
• International Covenant on Social, Economic and Cultural Rights (2001)
• International Covenant on Civil and Political Rights (2002)
• Statute for the International Criminal Court (2002).
United Nations Treaties
Date of admission to UN: 28 May 1993.
• International Covenant on Economic Social and Cultural Rights - ICESCR
Acceded: 17 April 2001.Reports submitted/due: 0/0 No reservations
• International Covenant on Civil and Political Rights - ICCPR
Acceded: 23 January 2002. Reports submitted/due: 0/0 No reservations
• International Convention on the Elimination of all Forms of Racial Discrimination - CERD
Acceded: 31 July 2001. Reports submitted/due: 0/0 No reservations.
• Convention on the Elimination of All Forms of Racial Discrimination - CEDAW
Acceded: 5 September 1995. Reports submitted/due: 0/2 No reservations
• Convention on the Rights of the Child - CRC Ratified: 3 August 1994.
Reports submitted/due: 0/2 No reservations
ILO treaties
• ILO 87 Freedom of Association and Protection of the Right to Organise Convention (1948).
Date of ratification: 22.02.2000
• ILO 98 Right to Organise and Collective Bargaining Convention (1949).
Date of ratification: 22.02.2000
• ILO 111 Convention concerning Discrimination in Respect of Employment and Occupation (1958).
Date of ratification: 22.02.2000
• ILO 138 Minimum Age Convention (1973) -
Date of ratification: 22.02.2000.
African System
• The African Charter on Human and People’s Rights
Date of Ratification: 14.01.1999
• The African Charter on the Rights and Welfare of the Child
Date of Ratification: 22.12.1999.
ILO Conventions
ILO 87 1 ILO 98 2 ILO 111 3 ILO 138 4 ILO 169 5 ILO 182 6
Yes Yes Yes Yes No No
1. Freedom of Association and Protection of the Right to Organise Convention, ILO 1948
2. Right to Organise and Collective Bargaining Convention, ILO 1949
3. Convention concerning Discrimination in Respect of Employment and Occupation, ILO 1958
4. Minimum Age Convention, ILO 1973
5. Convention concerning Indigenous and Tribal Peoples in Independent Countries, ILO 1989
6. Worst Forms of Child Labour Convention, ILO 1999PDF page 132
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ANNEX I I
HISTORICAL BACKDROP: THE CREATION OF ERITREA
Before the advent of colonialism in the Horn of Africa, the area known today as Eritrea generally fell
under four different political domains:20
The Mereb Melash (The Land Beyond the [river] Mereb) as it was called by the Abyssinians, or Medri
Bahari (Land of the Sea), consisted of the highland region. The inhabitants of this region were
Tigrinya-speaking, mainly Orthodox Christians from the three plateau districts of Hamasien, Seraye
and Akele-Guzai. The region formed an integral part of the feudal structure of Abyssinia. As is the case
today, the area was also inhabited by the Saho-speaking agro-pastoralist Muslims, and the Jeberti,
a population of Tigrinya-speaking Muslims.
The western lowlands of Barka (and present Gash-Setit) were dominated by various Tigre-speaking
groups and Beni-Amer clans, which were from time to time under the influence of the Funj Kingdom
at Sennar (Sudan). These nomadic pastoral groups had little contact with the highlanders, except
occasional reciprocal livestock raids. Smaller groups of hunters and gatherers, such as the Kunama
and Nara, also inhabited these areas.
The Semhar region of Massawa and the coastal areas (including the provinces of Sahel and parts of
Senhit) had, since the rise of Islam, been under Arabic/Muslim influence. Especially during the Ottoman
Turk period this district had adopted its own identity, distinguishing it from the neighbouring areas.
The border areas of Keren sometimes fell under the influence of Islam, and at other times they paid
tribute to the Funj kingdom.
The Afar land of Dankalia is the coastal area extending southwards from the Gulf of Zula, south of
Massawa, to the former French enclave of Djibouti. This area was part of the Sultanate of Assua, and
the pastoral Afar clans which inhabited the region had never been ruled by any outside power until
the arrival of the Italians. The Afars have always been perceived by their surrounding neighbours as
a hostile and fierce people, with a strong clan and ethnic identity. After the colonial race for the Horn
was over, the Afars found themselves fragmented between two new-born states – Eritrea and Djibouti
– and the old, but expanding, Empire of Ethiopia.
The Italian presence in Eritrea commenced in 1869 through a shipping company which purchased the
Bay of Assab for strategic trading purposes (Negash 1987). In 1882, Assab was formally declared an
Italian colony, and Italy started preparing for the colonial race for Africa. In 1885, Italy expanded its
territory northwards and incorporated the port of Massawa into the colony, reaching out for the
highlands as the next conquest. The first Italian attempt to enter the highlands in 1887 met with
defeat at the hands of Emperor Yohannes of Ethiopia. However, troop reinforcements from Italy, the
dire local situation caused by drought and famine in 1888-90, and the death of Emperor Yohannes in
1889, facilitated the Italian takeover of the Eritrean highlands. A treaty with the new Ethiopian Emperor
Menelik II was signed at Wichale in May 1889, where Menelik was forced to accept the Italian
colonisation of Eritrea (Negash 1987: 2). The Italian colony of Eritrea was subsequently proclaimed
on New Year’s Day, 1 January, 1890.
COLONIAL RULE OF ERITREA
The colonial rule of Eritrea may be divided into six phases, comprising the period between the
proclamation of the colony in 1890, until the defeat and the expulsion of the Derg army from Eritrean
soil in 1991 and the subsequent proclamation of independence on 24 May 1993.PDF page 133
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The first phase of this history ended with the Italian attempt to continue its expansionist policies to
colonise Ethiopia. In the famous battle of Adwa (in Tigray) in 1896, the advancing Italian army was
crushed by Emperor Menelik’s troops. The humiliating defeat led to a reorganisation of Italian colonial
politics. The second phase of Italian colonialism in Eritrea started in 1907 and ended in 1932. In this
period, civilian Italian governors administered the colony as they consolidated the Italian presence in
Africa. They sought neighbourly relations with Ethiopia and political stability within Eritrea. Initial
Italian plans to make Eritrea a settler colony were not implemented, and Eritrea served instead as a
reservoir, supplying colonial soldiers to consolidate Italian rule in Somalia (1908–1910) and later in
Libya (1912–1932) (Negash 1987: 4).
The third phase of colonial history in Eritrea marks the last phase of Italian influence, which began in
1932 with the preparations for the Italian invasion of Ethiopia, and ended in 1941 with the Italian
defeat by the British/Allied forces as a consequence of World War II. In this comparatively short time
period, Eritrea experienced the most radical changes during its time as a colony. More than 300,000
Italian troops arrived in the mid-1930s; after 50,000 Italian labourers, who had arrived in advance,
had prepared the necessary infrastructure of transport and accommodation. In this period, the
slumbering colony of Eritrea was turned into a commercial and industrial centre for the new empire
and a traditional colonial economy gave way to a war economy. The growth of urban centres changed
Eritrean society forever, and Italy transformed Eritrea into a real colony of settlement where Italians
constituted up to 12 per cent of the entire population (Negash 1987: 4). The recruitment of Eritrean
nationals to the colonial army created possibly the greatest impact on Eritrean society in general.
Between 1935 and 1941 the colony produced 60,000 Eritrean men under arms, which constituted a
large share of Eritrea’s adult male population. Nearly all of these soldiers were used outside Eritrea,
most of them in the Ethiopian occupation force.
During the final phase of Italian colonialism, Tekeste Negash (1997) argues that a combination of three
factors contributed towards a development of what may rightly be called a separate and distinct
‘Eritrean’ identity and consciousness among major parts of the population; an identity which
distinguished them from the old, ‘greater Ethiopia’ identity-sphere. The first was the growing racist
ideology of the Italian colonial policy, which began to draw a distinction between ‘Eritreans’, as
subjects under their civilising umbrella, and the rest of the inhabitants of the Ethiopian empire. This
policy which was intended to enhance the Italian colonial ego appears to have been employed by
the Eritrean literati in their shaping of ‘Eritreaness’. A second factor, writes Tekeste Negash, was the
economic boom the Italian preparations for war against Ethiopia created in Eritrea. A huge indigenous
wage-labour market was created, whereby Eritrean citizens’ inclusion in a modern money-economy
distinguished them further from their Ethiopian neighbors. Finally, the third factor behind the
emergence of an ‘Eritrean’ identity was the Italio-Ethiopian war itself and the vital role the Eritreans
were made to play. With slightly more than 50,000 Eritrean troops fighting alongside the Italians in the
occupation force – whose role was pivotal in the actual conquest of Ethiopia, and later its pacification
– this broadened the division between the two peoples. Italian policy later cemented this division
by passing a decree in 1937 which distinguished the Eritreans from other subjects of the new colony.
Eritreans were to be referred to as ‘Eritreans’ and were given special privileges in certain categories
of jobs and professions, whereas the Ethiopians were termed ‘natives’ and were discriminated against
vis-à-vis the Eritreans in certain fields (Negash 1997: 16-18; see also Negash and Tronvoll 2000).
These three factors contributed to the creation of a nascent Eritrean identity; an identity whose main
characteristic was based on the notion that the Eritreans and their land were more ‘developed’ than
the rest of the Ethiopian empire.
The start of World War II marked the beginning of the end of Italy’s influence in Africa. As a part of
the overall war strategy, the British forces in East Africa captured enemy colonial territory, and by April PDF page 134
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1941 all Eritrean territory was under British/Allied control and the fourth phase of the colonial history
of Eritrea had begun. The British Military Administration (BMA) of Eritrea governed the territory
according to international rules concerning the occupation of enemy territory in war time, and its
authority was of a provisional character (Trevaskis 1960: 24). The British did, however, dismantle large
parts of the Eritrean infrastructure and factories and export them to other British colonies during this
period.
After a decision of the UN General Assembly, Eritrea was federated with Ethiopia in 1952, which
marked the start of the fifth ‘colonial’ period in Eritrea. Even though the UN had drafted a particular
Eritrean constitution in 1952, which explicitly stated the autonomous status of Eritrea under the
Ethiopian Crown, these rights were infringed from the very start of the period of federation. The
Eritrean police force was to take orders from Addis Ababa; Tigrinya and Arabic languages were
substituted by Amharic as the official language; the Eritrean flag was abolished; and so on. Finally, in
November 1962, as a consequence of Ethiopian machinations, the Eritrean Parliament dissolved itself,
a decision which, according to the UN-drafted constitution and the UN resolution on Eritrean/Ethiopian
federation (390A, 1952), was illegal. From that date Eritrea was annexed as Ethiopia’s
fourteenth province.
With the Ethiopian annexation the sixth and last phase of the colonial history of the country
commenced. The violation of the federal agreement triggered off armed Eritrean resistance in 1961,
initiated by the Eritrean Liberation Front (ELF). The Ethiopian annexation and increasing oppression of
the Eritrean people stimulated growing support for the liberation movements. In 1970 a small faction
of the ELF broke off and established its own movement, which, by 1975, took the name of the Eritrean
People’s Liberation Front (EPLF). During the 1970s the ELF and the EPLF engaged in civil war with each
other, based on different strategies of liberation and views of ideology, in addition to an intensified
war against the then Marxist-Leninist regime of Ethiopia. In 1982 the EPLF expelled the remains of the
ELF from Eritrean soil, and thus could direct all its efforts against the Mengistu regime. With growing
tension within Ethiopia, as a consequence of the liberation of Tigray by the Tigray People’s Liberation
Front (TPLF) in 1989, the EPLF prepared themselves for the final push. On 24 May 1991 the EPLF
marched into Asmara, and by the evening of 26 May, Assab was captured and the EPLF held control
over all Eritrean territory.
It was during this last decade of the liberation war that one can say that traces of a true Eritrean
national identity emerged and an all-encompassing form of nationalism was achieved, since the EPLF
was uncontested in shaping the struggle to put an end to the Ethiopian hegemonic control of Eritrean
society. ‘Eritrea thus ceased to be a mere dream and became a reality,’ writes Ruth Iyob, ‘because
those who shared in its construction attained the capabilities needed to counter those of its main
opponent, Ethiopia’ (Iyob 1995: 3).
After the fall of the Derg regime in June 1991, the Ethiopian People’s Revolutionary Democratic Front
(EPRDF) took power in Ethiopia, and the EPLF proclaimed a two-year transitional period which would
end in a referendum on independence. In April 1993 the Eritreans went to the polls and voted over-
whelmingly in favour of independence and on 24 May 1993 the EPLF declared Eritrea an independent
sovereign state. Immediately thereafter, international society gave recognition to Eritrea as a sovereign
state.
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