of the state (Article 259); impairment of the defense of the state (Article 260); and, high
treason (Article 261). Besides these national laws, the perpetrators of the act also violated
Articles 29(3), (4) and (5) of the ACHPR.
The allegation that the eleven persons were “political prisoners” or “prisoners of
conscience” detained for “having made a call in favor of reform and democratic election and
greater respect for human rights” is factually unfounded and far from the truth. It is
otherwise well known that expressing one‟s political opinion or belief is not a crime in
Eritrea for any citizen. No Eritrean citizen is also imprisoned on account of what his/her
political beliefs or expressions. The Eritrean Law recognizes and protects the rights of
individuals to be free from discrimination and persecution on account of their gender,
religion, ethnicity disability etc.
293.
294.
The Government did not arbitrarily arrest the 11 persons. The National Assembly at its
14th Session, held from 29 January to 2nd February 2002, discussed a report concerning the
nature of the criminal acts committed by these people. The National Assembly deplored the
grave acts perpetrated by the detainees and mandated the Government to handle the matter
appropriately. Subsequent developments that include a prolonged state of belligerency by
Ethiopia, a state of no war no peace; and Ethiopia‟s pronounced policy of “regime change”
have compounded the problem and made various options of resolving the issue difficult.
(iii)
Refugees hosted in Eritrea
295.
Eritrea respects the principles enunciated in the 1951 Geneva Convention, the African
Union Charter, and other related international and human right laws and instruments on the
rights of refugees who fled conflict and violence. It is not a major recipient of refugees.
Nevertheless, the Office for Refugee Affairs (ORA) of the Department of Immigration and
Nationality is the office responsible for refugee matters. It is also responsible for a wide
range of camp administrative matters including management, delivery of assistance, health
care, water, and sanitation, and camp maintenance. UNHCR also cooperates with ORA on
the issue of refugees to complement the government's efforts in providing funding and joint
monitoring of their livelihood. There were 4,000 Somali and Sudanese refugees in 2010 of
which some 30 % were children and around 48 % females. The GoSE, in collaboration with
UNHCR, provides them with monthly food rations, water, health service and education.
Monitoring and assessment missions are also conducted.
E. Women Equality and Empowerment
(i)
Women Equality
Elimination of all forms of Discrimination against Women
296. During the years of national liberation struggle, transformation that ensured the equality
between sexes and forbids any discrimination occurred. Indeed the struggle would have
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