FINAL III. FACTORS RESTRICTING THE ENJOYMENT OF THE RIGHTS GUARANTEED IN THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS 45. Eritrea was involved in a border dispute with its neighbour Ethiopia from 1998 to 2000. On 18 June 2000, the Governments of Eritrea and Ethiopia signed the Cessation of Hostilities Agreement (CHA) and on 12 December 2000 the Algiers Peace Agreement was signed. However, the border dispute caused internal displacement of approximately 90,000 civilians, in addition to destruction of houses, places of worship and schools, among others. As a result, in addition to the destabilising effect of the conflict, nation building and provision and access to essential basic services, such as health facilities and schools, was hindered for a long time. 46. As a result of the hostilities with Ethiopia, civil and political rights and freedoms were severely restricted, including the rights to association and assembly, freedom of expression and information, movement, among others. Additionally, Presidential and legislative elections were indefinitely suspended, denying Eritrean citizens the right to to participate freely in the government and to freely chose representatives, in accordance with the provisions of the law. The Constitution was also suspended and the process of reviewing the constitution is incomplete. 47. Another factor restricting the enjoyment of human rights is the indefinite nature of the country’s National Service, which is an exception to forced labour under the Labour Proclamation and the definition of labour in the Penal Code. The practical effect of the indefinite extension of the period served in the National Service, is that conscripts can be required to serve for decades or, in some cases, indefinitely. IV. AREAS OF CONCERN 48. While recognising the efforts made by the Government to promote and protect human rights, the Commission is however concerned about the following: Ratification and domestication of regional and international instruments 49. No information has been provided on the domestication and incorporation of the African Charter, and other regional and international human rights instruments; 50. Eritrea is a State Party to only two regional human rights instruments; 51. The non-ratification of several relevant regional human rights instruments, including: - The OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, 1974; The Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Court Protocol), 2004; 6

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