On 14 October, the Third Committee of the General Assembly approved a
decision to invite the Special Rapporteur on the Situation of Human Rights in
Eritrea Sheila B. Keetharuth, to present an oral update on the findings of the
Commission of Inquiry on Human Rights in Eritrea (COIE) during the seventy-first
session of United Nations General Assembly (UNGA) in New
York.
The Commission had been omitted from the provisional
agenda of
UN human rights experts and bodies due to present oral updates on 27 October,
ostensibly because the its mandate ended after its second report was adopted by
the Human Rights Council (HRC).
On 5 October 2016, Christian Solidarity Worldwide (CSW) and Human
Rights Concern-Eritrea (HRCE) called for the COIE to be allowed to update the General Assembly and
highlighted the spurious grounds on which it was being excluded from the agenda. In a letter to UN
officials the organisations underscored the importance to Eritreans of allowing
the Commission to report to the General Assembly, stating that the COIE report
had raised hope amongst victims of Eritrea’s repressive regime that their plight
was finally being recognised and addressed “at the highest international
level.”
In
its second report on 8 June 2016, the COIE concluded there were “reasonable
grounds to believe” that crimes against humanity, “namely enslavement,
imprisonment, enforced disappearance, torture, other inhumane acts, persecution,
rape and murder” have been committed in a “widespread and systematic manner”
since 1991, and continue to occur, in Eritrea.
As
controversy surrounding the omission of the COIE grew, the Chair of the Third
Committee submitted the matter to the legal affairs department of the UN to
decide whether or not the COIE could present its update. The new decision, which
was approved without a vote, allows the Special Rapporteur, who was a member of
the Commission, to make a presentation on behalf of the COIE before presenting
her own report, with additional time allocated if
necessary.
Following
the decision, the Eritrean representative said that his government had accepted
the proposal in the interests of moving forward, but lamented the alleged
politicisation of human rights, claiming that human rights could only be
promoted through dialogue.
Elsa
Chyrum, Director of HRCE, said, “We welcome the decision by the UN Third
Committee to allow the Special Rapporteur to present the oral update on behalf
of the COIE. We also hope the General Assembly will submit the report and the
oral updates of the COIE without delay to the Security Council for its
consideration and appropriate action, to hold those responsible for committing
crimes against humanity in Eritrea to account.”
CSW’s Chief Executive Mervyn Thomas said, “We commend the Third Committee for this decision, which ensures the
voices of victims can be heard at the highest International level and brings
justice one step closer. However, to ensure accountability for the severe human
rights violations underway in Eritrea, the oral update must be followed by a
General Assembly resolution mandating further action by the Security
Council.”