C. General principles
Non-Discrimination
6. The Committee notes that the yet to be implemented Constitution proscribes
discrimination. The Committee is however informed that children belonging to
certain religions, economic status, and children affected with HIV/AIDS and
minority groups face discrimination preventing them from accessing education
and other basic services in their residence. The Committee recommends that the
State Party take steps to urgently address such discrimination by undertaking
awareness raising campaigns and implementing strategies to combat
discrimination. The Committee also recommends that the State Party ensures
the availability and accessibility of health, education and other social services in
underserved communities.
Best interest of the child
7. The Committee recognises that the State Party has enacted legal provisions
pertinent to children. The Committee however notes that these provisions do not
properly reflect the best interest of the child and it is also not clear the extent to
which judicial and administrative bodies apply this principle. The Committee
recommends that the State Party ensure that the principle is clearly reflected in
all its legislation dealing with children and that judicial and administrative bodies
strictly adhere and apply the principle.
Survival and Development
8. The Committee notes that the State Party had taken measures to attain the
Millennium Development Goals and that there exist laws protecting the lives of all
children. The Committee however realises that data to track this progress is not
available. It was also brought to the attention of the Committee that children are
found at the Sawa Military Training Camp. The Committee further notes the
growing number of Eritrean children crossing international borders which risks
them being subjected to what various reports call ‘shoot to kill policy’. The
Committee recommends that the State Party undertakes to take all measures to
ensure that data on children is available and accessible and that children are not
enlisted to the Sawa Military Camp. If the allegations regarding “the shoot to kill
policy” are found to be real, the Committee recommends that as a matter of
urgency, the State Party do the necessary to alert its military officers to refrain
from this gross violation of children’s rights who are crossing Eritrean borders
and establish accountability against the perpetrators. Moreover, the Committee
recommends the State Party to assess the reason why children are fleeing the
Country and provide sustainable financial assistance to children from poor
households.
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