End the negotiations on expelling Eritrean asylum-seekers!
By KIDANE ISAAC
07/01/2012 22:57
A single party and president have ruled Eritrea since independence from Ethiopia in 1993.
Eritreans gather in Ramat Gan Photo: Ben Hartman
Eritrean community activists are highly concerned about the recent invitation of
Eritrean Ambassador Tesfamariam Tekeste to the Knesset Foreign Workers
Committee, where possible return of Eritreans to Eritrea was
discussed.
Eritreans came to Israel with the expectation to find
protection and safety from the dictatorship in Eritrea and are therefore
extremely bothered and disappointed that a so-called democratic state invites a
representative of a dictatorial regime to discuss the option of
deportation.
These negotiations leave us Eritrean asylum-seekers in a
state of fear and insecurity.
In addition, Eritrean asylumseekers are
concerned about the current political atmosphere against what the State of
Israel calls “infiltrators” and the violent and inciting response by the Israeli
society. The measures taken, such as expanding the Saharonim detention facility
to over 12,000 places; to prolong imprisonment of asylum-seekers; to discuss the
possibility of a “tent city” without basic necessities; and enforce fines
against employers that hire “infiltrators” violate Israel’s obligations under
international law.
We would like to pose the following questions: is it a
crime to flee dictatorship? Are asylumseekers criminals, on par with, for
example, arms dealers? Eritrean asylum-seekers forcibly returned to Eritrea face
and will continue to face serious risk of arbitrary detention, torture and
death. Persecution has become a reality for those forcibly returned from
countries such as Malta, Saudi Arabia, Sudan, Egypt, Yemen and Djibouti. Does
the State of Israel want to join a list of countries that deported Eritreans to
imprisonment and torture? Will the State of Israel take responsibility for the
death of deportees from Israel? A SINGLE party and president have ruled Eritrea
since independence from Ethiopia in 1993.
Our country is ruled by an
extremely repressive regime that forces all citizens – until the age of 65 – to
serve in the military for indefinite periods of time.
Anyone of draft age
leaving the country without permission is perceived as a traitor, risking
imprisonment in inhumane conditions, as well as forced labor and
torture.
In a recent press release United Nations human rights chief Navi
Pillay said that credible sources indicate that “violations of human rights
include arbitrary detention, torture, summary executions, forced labor, forced
conscription, and restrictions to freedom of movement, expression, assembly and
religion.”
In addition we would like to recall the words of the Deputy
Foreign Minister Danny Ayalon, who last year said that, “Eritrea is known in the
international community as a country that does not safeguard human rights, and
anyone who returns there is in danger, including danger of
death.”
According to figures of the United Nations High Commissioner for
Refugees (UNHCR), as of January 2011, 236,000 Eritreans have fled imprisonment,
torture and murder in Eritrea and are currently living as refugees and asylum
seekers outside of Eritrea. The UNHCR estimated that 3,000 Eritreans fled the
country every month, mostly to Ethiopia or Sudan, despite a “shoot to kill”
policy for anyone caught attempting to cross the border.
Many of those
fleeing were young people escaping indefinite national service
conscription.
Families of those who fled faced reprisals, including
harassment, fines and imprisonment. Because of a global understanding of the
human rights abuses that occur in Eritrea, the UN has insisted on a moratorium
on all deportations back to Eritrea.
ERITREANS HAVE been granted refugee
status in high numbers in most of the Western world.
According to UNHCR
data, in 2010, the United Kingdom granted 66 percent of Eritreans applicants
refugee status, Germany 83%, Switzerland 72% and Canada 96%.
Under
international refugee law, asylum seekers have a right to claim asylum, which
applies regardless of how they enter a country or whether they have identity
documents. International law forbids countries from deporting asylum seekers
without first allowing them to apply for asylum and considering their cases.
Since the State of Israel refuses to grant Eritreans access to the Refugee
Status Determination process and Eritreans are therefore not eligible to explain
why they left Eritrea, the following is an outline of the dictatorial regime and
its impact on Eritreans based on our own experience and a compilation of human
rights reports by the United Nations, US State Department, Amnesty International
and Human Rights Watch.
THE MAJORITY of Eritrean asylum seekers in Israel
fled forced military conscription, as national service is compulsory for all men
and women over the age of 18. Our schoolchildren are required to complete their
last year of secondary education at Sawa military training camp.
Children
as young as 15 are caught in round-ups and taken to Sawa for military
training.
National service for many means forced labor in state projects.
We are used as slaves to build roads, or working for companies owned and
operated by the military or ruling party elites. Although the initial national
service period is 18 months, this period is commonly extended
indefinitely.
We are paid minimal salaries that do not meet our families’
basic needs. Punishment for desertion and draft evasion include torture and
detention without trial.
There were between 5,000 and 10,000 political
prisoners in Eritrea including political activists, journalists, religious
practitioners and draft evaders.
The whereabouts of most are unknown and
they have never been charged or tried for any offense, as the rule of law is
non-operative.
There is no freedom of religion in Eritrea; members of
faiths other than Orthodox, Roman Catholic and Lutheran Churches, and Islam are
arrested, arbitrarily detained and illtreated.
For example, believers in
Pentecostalism, Seventh-day Adventists, and Jehovah’s Witnesses are arbitrarily
detained for practicing an unregistered faith.
Eritrea has more prison
centers than hospitals. The conditions in these prisons are horrendous, and in
many cases amount to cruel, inhuman or degrading treatment or
punishment.
Many prisoners are held in underground cells or metal
shipping containers, often in desert locations, and therefore suffer extremes of
heat and cold. Prisoners are given inadequate food and water.
Many
prisoners are held in severely overcrowded and unhygienic conditions. Torture
and other ill-treatment of detainees are frequent. These conditions remind us
all of those suffered by Eritrean hostages imprisoned in trafficking compounds
in the Northern Sinai desert. Prisoners are forced to undertake painful and
degrading activities, and were tied with ropes in painful positions for long
periods. We, Eritreans in Israel, are all too used to this treatment since we
escaped from persecution. We cannot be returned to such persecution.
One
of the outcomes of the Knesset meeting was to send an Israeli delegation to
Eritrea. We urge the delegation to take into consideration the above-mentioned
human rights abuses when visiting Eritrea and be critical of the picture the
Eritrean regime will paint.
We would like to remind the government of
Israel of its obligations under the 1951 Convention and the 1967 Protocol which
states that: “No Contracting State shall expel or return (refouler) a refugee in
any manner whatsoever to the frontiers of territories where his life or freedom
would be threatened on account of his race, religion, nationality, membership of
a particular social group or political opinion.”
UNHCR’s official
Guidelines to States on the protection needs of Eritrean asylum seekers that
states that “individuals of draft age who left Eritrea illegally may be
perceived as draft evaders upon return, irrespective of whether they have
completed active national service or have been demobilized” and that “the
punishment for desertion or evasion is so severe and disproportionate such as to
amount to persecution.”
We would like to remind the Israeli government to
work on our case with care and responsibility and we demand protection and
safety until the political situation of Eritrea changes.
Once a political
prisoner in Eritrea, Kidane Isaac is now an Eritrean community activist and the
co-founder of the Refugee Voice in Israel