International Criminology World

World : Africa : Eritrea
 

Eritrea officially celebrated its independence on May 24, 1993, becoming the world's newest nation. Prior to Italian colonization in 1885, what is now Eritrea had been ruled by the various local or international powers that successively dominated the Red Sea region. In 1896, the Italians used Eritrea as a springboard for their disastrous attempt to conquer Ethiopia. Eritrea was placed under British military administration after the Italian surrender in World War II. In 1952, a UN resolution federating Eritrea with Ethiopia went into effect. The resolution ignored Eritrean pleas for independence but guaranteed Eritreans some democratic rights and a measure of autonomy. Almost immediately after the federation went into effect, however, these rights began to be abridged or violated.

In 1962, Emperor Haile Sellassie unilaterally dissolved the Eritrean parliament and annexed the country, sparking the Eritrean fight for independence that continued after Haile Sellassie was ousted in a coup in 1974. The new Ethiopian Government, called the Derg, was a Marxist military junta led by strongman Mengistu Haile Miriam.

During the 1960s, the Eritrean independence struggle was led by the Eritrean Liberation Front (ELF). In 1970, members of the group had a falling out, and a group broke away from the ELF and formed the Eritrean People's Liberation Front (EPLF). By the late 1970s, the EPLF had become the dominant armed Eritrean group fighting against the Ethiopian Government, and Isaias Afwerki had emerged as its leader. Much of the materiel used to combat Ethiopia was captured from the Ethiopian Army.

By 1977 the EPLF was poised to drive the Ethiopians out of Eritrea. That same year, however, a massive airlift of Soviet arms to Ethiopia enabled the Ethiopian Army to regain the initiative and forced the EPLF to retreat to the bush. Between 1978 and 1986, the Derg launched eight major offensives against the independence movement -- all failed. In 1988, the EPLF captured Afabet, headquarters of the Ethiopian Army in northeastern Eritrea, prompting the Ethiopian Army to withdraw from its garrisons in Eritrea's western lowlands. EPLF fighters then moved into position around Keren, Eritrea's second-largest city. Meanwhile, other dissident movements were making headway throughout Ethiopia. At the end of the 1980s, the Soviet Union informed Mengistu that it would not be renewing its defense and cooperation agreement. With the withdrawal of Soviet support and supplies, the Ethiopian Army's morale plummeted, and the EPLF -- along with other Ethiopian rebel forces -- began to advance on Ethiopian positions.

The United States played a facilitative role in the peace talks in Washington during the months leading up to the May 1991 fall of the Mengistu regime. In mid-May, Mengistu resigned as head of the Ethiopian Government and went into exile in Zimbabwe, leaving a caretaker government in Addis Ababa. Having defeated the Ethiopian forces in Eritrea, EPLF troops took control of their homeland. Later that month, the United States chaired talks in London to formalize the end of the war. These talks were attended by the four major combatant groups, including the EPLF.

A high-level U.S. delegation also was present in Addis Ababa for the July 1-5, 1991 conference that established a transitional government in Ethiopia. The EPLF attended the July conference as an observer and held talks with the new transitional government regarding Eritrea's relationship to Ethiopia. The outcome of those talks was an agreement in which the Ethiopians recognized the right of the Eritreans to hold a referendum on independence.

Although some EPLF cadres at one time espoused a Marxist ideology, Soviet support for Mengistu had cooled their ardor. The fall of communist regimes in the former Soviet Union and the Eastern Bloc convinced them it was a failed system. The EPLF now says it is committed to establishing a democratic form of government and a free-market economy in Eritrea. The United States agreed to provide assistance to both Ethiopia and Eritrea, conditional on continued progress toward democracy and human rights.

In May 1991, the EPLF established the Provisional Government of Eritrea (PGE) to administer Eritrean affairs until a referendum was held on independence and a permanent government established. EPLF leader Isaias became the head of the PGE, and the EPLF Central Committee served as its legislative body.

Eritrea became an independent state in 1993, following an internationally monitored referendum in which citizens voted overwhelmingly for independence from Ethiopia. The Eritrean People's Liberation Front (EPLF), which led the 30-year war for independence, has controlled the country since it defeated Ethiopian armed forces in 1991; its leader, Isaias Afwerki, serves as the President. The EPLF became the People's Front for Democracy and Justice (PFDJ) and redefined itself as a political party in 1994; it is the sole political party in the country. Elections, which were scheduled originally for 1997, were postponed again due to the outbreak of an armed conflict with Ethiopia that began in 1998. Following the end of the conflict in 2000, the Government announced that elections would be held in December; however, elections did not take place during the year 2001. Government officials stated that the elections were delayed because of continuing tensions with Ethiopia and problems caused by dissidents and the private press. Two committees established by the Government in 2000 to develop guidelines and rules for new elections and the formation of political parties completed their work in April. The draft electoral law and the draft law regulating the formation and activities of political parties were the subject of ongoing public discussions under government auspices. The Constitution provides for democratic freedom; however, while it was ratified in 1997, its provisions were not yet implemented by year's end. The judiciary is formally independent; however, it is weak and subject to executive interference.

SOCIO-ECONOMIC SYSTEM

The Eritrean economy is largely based on agriculture, which employs 80% of the population but currently may contribute as little as 22% to GDP. Export crops include coffee, cotton, fruit, hides, and meat, but farmers are largely dependent on rain-fed agriculture, and growth in this and other sectors is hampered by lack of a dependable water supply. Worker remittances from abroad currently contribute 40% of GDP.

The Government of Eritrea states that it is committed to a market economy and privatization, and it has made development and economic recovery its priorities. Nevertheless, the government or the ruling PFDJ party plays a pervasive role in the economy and the government has imposed an arbitrary and complex set of regulatory requirements that discourage investment. The economy was devastated by war and the misguided policies of the Derg, which disrupted agriculture and industry. The more recent war with Ethiopia has also had a major, negative impact on the economy and further discouraged investment. Eritrea lost many valuable economic assets in particular during the last round of fighting in May-June 2000, when a significant portion of its territory in the agriculturally important west and south was occupied by Ethiopia. As a result of this last round of fighting, more than one million Eritreans were displaced. According to World Bank estimates, Eritreans also lost livestock worth some $225 million and 55,000 homes worth $41 million were destroyed. Damages to public buildings, including hospitals, are estimated at $24 million. Much of the transportation and communications infrastructure remains outmoded and deteriorating. As a result, the government has sought international assistance for a variety of development projects and has mobilized young Eritreans serving in the National Youth Service to repair crumbling roads and dams.

Small businesses, such as restaurants, bars, stores, auto repair, and crafts continue to thrive in the Asmara area. A brewery, cigarette factory, small glass and plastics producers, several companies involved in making leather goods, and textile and sweater factories operate in the Asmara area. The textile and leather industries have made a partial recovery since independence.

In Massawa, the port has been rehabilitated. In addition, the government has begun to export fish from the Red Sea to markets in Europe and elsewhere. Also in Massawa, in 2001, Seawater Farms Eritrea began to export shrimp to Europe and the Middle East. The farm is a joint venture between a group of international investors based in the U.S. and the Eritrean Ministry of Fisheries. It is an integrated project designed to grow shrimp, tilapia, and salicornia (a succulent that can be irrigated with seawater), and to foster the growth of mangrove wetlands. The project is expected to generate a significant volume of exports as well as employment opportunities for Eritreans. The investors also hope that it will serve as the model for a new kind of sustainable, ecologically friendly, yet profitable operation.

While trade, services, and manufacturing account for the greatest portion of gross domestic product (GDP), the rural economy is based largely on subsistence agriculture, and more than 70 percent of the population of 3.6 million is engaged in farming and herding. The small industrial sector consists mostly of light industries, many using outmoded technologies. Principal exports include salt, leather products, and fish. Principal imports include machinery, spare parts, food, and military material. The economy recovered somewhat from the severe disruption inflicted in 2000 by the conflict with Ethiopia, which resulted in the dislocation of more than 1 million persons, an almost four-fold rise in inflation, an increased fiscal deficit, a drop in economic activity, increased pressure on the local currency as foreign exchange reserves fell, and a severe drop in agricultural production that made the country partially dependent on food donations. During the year 2001, inflation fell to approximately 15 percent from 27 percent in 2000, and economic growth rose to 7 percent from negative 9 percent. The severance of trade relations with Ethiopia, the country's largest trading partner before the conflict, resulted in a 79 percent drop in exports between 1996 and 2000. The integration of as many as 75,000 Eritreans or Ethiopians of Eritrean origin deported from Ethiopia, 21,000 long-term Eritrean refugees from camps in Sudan, and the unknown number of internally displaced persons (IDP's) remaining, continued to aggravate economic pressures. In addition much of the skilled labor force continued to serve in the military. Although more foreign exchange has been made available to importers, it remains scarce and the prices of basic consumer goods have not declined much from their post-war highs. International economic assistance has accounted for a significant portion of external revenues. Eritreans who live abroad also provide a major source of external revenues, estimated to be approximately $300 million in remittances per year. Nominal GNP was estimated at $695 million. The country has an annual per capita income of less than $200 (less than 2,700 Nakfa), and approximately one-third of the population depends on foreign emergency assistance. The PFDJ continues to exert a strong economic influence through a variety of investments and party-owned businesses.

INCIDENCE OF CRIME

The crime rate in Eritrea is low compared to industrialized countries. An analysis was done using INTERPOL data for Eritrea. For purpose of comparison, data were drawn for the five of seven offenses used to compute the United States FBI's index of crime. Index offenses include murder, forcible rape, robbery, aggravated assault, burglary, larceny, and motor vehicle theft. The combined total of these offenses constitutes the Index used for trend calculation purposes. Eritrea will be compared with Japan (country with a low crime rate) and USA (country with a high crime rate). According to the INTERPOL data, for murder, the rate in 1999 was 2.77 per 100,000 population for Eritrea, 1.00 for Japan, and 5.51 for USA. For rape, the rate in 1999 was 1.69 for Eritrea, compared with 1.47 for Japan and 32.05 for USA. For robbery, the rate in 1999 was not reported. For aggravated assault, the rate in 1999 was 10.26 for Eritrea, 15.97 for Japan, and 323.62 for USA. For burglary, the rate in 1999 was 5.80 for Eritrea, 206.01 for Japan, and 728.42 for USA. The rate of larceny for 1999 was 26.37 for Eritrea, 1267.95 for Japan, and 2475.27 for USA. The rate for motor vehicle theft in 1999 was not reported for Eritrea. The rate for all index offenses combined could not be computed because of the omission of robbery and motor vehicle theft. (Data for USA were based upon year 2000, since USA did not report data to INTERPOL for 1999.)

LEGAL SYSTEM

Eritrea operates on the basis of transitional laws that incorporate pre-independence statutes of the Eritrean People's Liberation Front, revised Ethiopian laws, customary laws, and post independence enacted laws.

POLICE

The police are responsible for maintaining internal security, although the Government may call on the armed forces, the reserves, and demobilized soldiers in response to both domestic and external security requirements. These forces were under the full control of, and responsive to, the Government. In 1998 fighting broke out between the armed forces and Ethiopian militia along the border, which led to a 2-year war with Ethiopia. The Government responded to an escalating military conflict by calling up reserves and increasing its armed forces to approximately 300,000 soldiers. In addition to the border conflict, the army has had to deal with the Eritrean Islamic Salvation (EIS), a small, Sudan-based insurgent group that has mounted terrorist attacks in the north and west since 1993. Some members of the security forces committed human rights abuses.

The transitional Penal Code prohibits torture; however, many observers believe that the police at least occasionally have resorted to torture and physical beatings of prisoners, particularly during interrogations. During the year 2001, the police severely mistreated and beat army deserters and draft evaders, although less frequently than in the previous year, and the army subjected deserters and draft evaders to various military disciplinary actions that included prolonged sun exposure in temperatures of up to 113 degrees Fahrenheit or the tying of the hands and feet for extended periods of time. The Government at times has infringed on the right to privacy. Under the law, warrants are required in routine searches and seizures, except in cases where authorities believe individuals may attempt to escape or destroy evidence. Warrants also theoretically are required before the Government can monitor mail, telephones, or other means of private communication; however, in practice the Government often does not obtain warrants, and there have been reports that the Government monitored some international telephone calls and e-mails. There were unconfirmed reports that members of the PFDJ have placed Ethiopians under surveillance. The Government has the authority to ban the import of any foreign publication; however, it has not done so.

DETENTION

Arbitrary arrest and detention are problems. The Penal Code stipulates that detainees may be held for a maximum of 30 days without being charged with a crime. In practice the authorities sometimes detain persons suspected of crimes for much longer periods. The Government held a number of pretrial detainees during the year 2001. The Government has continued to detain a small number of Ethiopians during the year 2001; however, the majority were prisoners who were convicted of common crimes.

An unknown number of persons suspected of association with the Ethiopian Mengistu regime, radical Islamic elements, or suspected terrorist organizations remained in detention without charge, in some cases for years. There were unconfirmed reports that the Government has continued to hold numerous members of the Eritrean Liberation Front (ELF), an armed opposition group. Authorities sometimes arbitrarily arrested and detained former combatants or members of the PFDJ who violated an unwritten code of conduct.

Approximately four members of Jehovah's Witnesses remained in detention without charge for failing to participate in national service. Some have been detained for more than 5 years without charge.

Approximately 14 Sudanese remained in detention at year's end. Officials from the Government of Sudan reportedly were denied access to these prisoners. There was no additional information available on the detainees at year's end.

The few deportees of Eritrean origin from Ethiopia who cannot demonstrate their ties to Eritrea have been issued documents that identify them as Ethiopians, which permit them to stay in the country. Government and army officials who routinely check the identification cards of citizens in order to find draft evaders and deserters reportedly consider these Ethiopian deportees to be Eritreans who are trying to avoid national service. As a result, they are subjected to harassment and detention while the authorities check their status. Unlike in the previous year, there were no reports that authorities arrested Ethiopians for raising the Ethiopian flag in public places.

During the year 2001, the Government deployed military police in Asmara to find deserters and draft evaders. The military police detained persons who had not completed the national service requirement. Unlike in the previous year, there were no known reports that military police detained persons with physical or mental disabilities during the year 2001. Those who were deemed unfit for military training by a military medical board were released; the others were required to fulfill their national service obligations. In some instances, authorities arrested and detained for hours individuals who had proper documentation showing they had completed or were exempt from national service while the military police checked their stories.

An unknown but believed to be small number of Ethiopians, particularly men, are believed to be held in police stations, prisons, and jails in Asmara and possibly in other areas. The Government stated that Ethiopians detained in such places were in detention because they had committed a crime or legal infraction. International monitors have access to the majority of detainees in police stations and jails.

In 2000 the Government detained between 10,000 and 20,000 Ethiopians, many of whom were repatriated or deported to Ethiopia. In 2000 the Government established detention camps for Ethiopians scheduled for repatriation or deportation in a number of areas, including Wia, Sheib, Alla, Afabet, Megarih, Shiketi, and Wekerti. Monitors who visited the camps at Afabet, Adi Abieto, and Alla reported that conditions in the camps were Spartan but generally adequate; however, there were reports that numerous detainees became sick due to camp conditions at Afabet, and that some died. There were credible reports that at least some of these detainees were forced to work outside their camps. By the end of 2000, the Government reported that most of the camps were closed; however, 1,500 detainees remained at Afabet, and 150 Ethiopians who did not want to leave the country remained at Alla. In mid-January 2001 the Government closed the Ethiopian detention center in Afabet, leaving open only the center at Alla, where 50 Ethiopians have continued to reside. In July the Government closed the Alla camp and permitted the 50 detainees to live in Asmara, although some are believed to have left voluntarily.

COURTS

The judiciary is formally independent; however, it is weak and subject to executive interference. The continued use of an executive special court system allowed ongoing executive interference with the judicial process. In addition the judiciary relies on the Ministry of Justice for logistical and budgetary support, which further limits the judiciary's independence. On August 7, the Minister of Justice fired the president of the High Court after he publicly complained of executive interference with the High Court.

The judicial system has three parts: civilian, military, and special courts. The civilian court system consists of village courts, subregional courts, regional courts, and the High Court, which also serves as an appellate court. The developing judicial system suffers from a lack of trained personnel, inadequate funding, and poor infrastructure that, in practice, limit the State's ability to grant accused persons a speedy trial. However, the judicial system has functioned with few delays, due in large part to a low crime rate, relatively few civil cases, and a culture of informal dispute resolution. Although 16 new courthouses were completed in 1998, further development of the judicial infrastructure was constrained due to the conflict with Ethiopia. At independence the Government chose to retain the Ethiopian legal system but made some modifications to it. The Government has developed new commercial, penal, and criminal codes, which remained ready for ratification by the National Assembly, although ratification had not occurred by year's end. A new civil code was drafted during the year 2001; however, it was not enacted by year's end.

Under the legal system, minor infractions are brought to village courts and subregional courts. More serious offenses are argued before regional courts, and cases involving murder, rape, and other serious felonies are heard by the High Court. All cases except those argued before the High Court are heard by a single judge; on the High Court, panels of three judges hear cases.

Defendants have access to legal counsel, usually at their own expense. Although there is no formal public defender's office, the Government has requested successfully that attorneys work without fee to represent defendants accused of serious crimes punishable by more than 10 years in prison, who are unable to afford legal counsel. Defendants may appeal verdicts to a High Court panel, which is composed of the High Court president and four other judges.

Since the population is largely rural, most citizens only have contact with the legal system through the traditional village courts. Village judges, who are appointed by a panel composed of heads of regional courts, the regional prosecutor, and the regional governor, hear civil cases. Magistrates versed in criminal law hear criminal cases. Many local issues--for example, property disputes and most petty crimes--are adjudicated by local elders according to customary law. Where both litigants are Muslims, civil cases are heard under Shari'a law. The traditional courts cannot impose sentences involving physical punishment. The Ministry of Justice also offers training in alternative dispute resolution to handle some civil and petty criminal cases.

The drafting of many civilians, including court administrators, defendants, judges, lawyers, and others involved in the legal system, into the national service due to the border conflict with Ethiopia had a significant negative impact on the judiciary. The High Court was reduced from 7 benches to 3 benches, and provincial, zone, and village court personnel were reduced by 40 percent. As a result of these personnel constraints, there were lengthy delays in the processing of cases, particularly at the High Court level. During the year 2001 some court personnel were permitted to return to work.

The special court system ostensibly was created to reduce a growing backlog in the civilian court system. However, in practice the special courts, which ban defense counsel and the right of appeal, allow the executive branch to mete out punishment without respect for due process and subject the accused to double jeopardy. Judges in the special courts are senior military officers, most of whom have little or no legal experience. They base their decisions on "conscience," without reference to the law. There is no limitation on punishment. The special courts have jurisdiction over some criminal cases, such as capital offenses, felonies, misdemeanors, cases of tax evasion involving large sums, and cases of embezzlement by senior officials. The office of the Attorney General decides which cases are to be tried by a special court. The Attorney General also may allow the special courts to retry civilian court cases, including those decided by the High Court, thereby subjecting defendants to double jeopardy.

The special courts also handle crimes involving corruption, theft, and misuse of government authority allegedly committed by former members of the EPLF during the war for independence. Senior former fighters and members of the PFDJ often are held to a stringent unwritten code of conduct, and violations of this code are handled by the special courts outside the normal judicial process. Those accused of violating this circle of trust have been arrested and held without formal charge or tried in the special courts.

There were no reports of political prisoners; however, there were reports of persons detained for political reasons.

CORRECTIONS

Prison conditions remained Spartan. The Government permits three visits per week by family members. There were no confirmed reports that any prisoners died due to lack of proper medical care. Women and men are held in separate facilities. There are no juvenile detention centers or correction facilities, and juvenile offenders often are incarcerated with adults. Pretrial detainees generally are not held separately from convicted prisoners; however, in some cases, detainees may be held separately. For example, the group of 11 political detainees were held separately, although their whereabouts remained unknown. It was unknown whether other detainees were held separately, because they were denied visitors during the year 2001.

In 2000 the Government established detention camps for Ethiopians scheduled for repatriation or deportation in a number of areas. The Government had closed all detention camps by year's end. It was estimated that fewer than 400 POW's were being held at a camp in Nakfa at year's end; however, the Government committed to the unconditional release of all POW's after the end of the war with Ethiopia. Conditions at the POW camp reportedly were generally good; however, some POW's died of illnesses during the year 2001. In 2000 POW's were forced to work on road-building projects; however, following an ICRC visit in August 2000, the POW's were no longer forced to perform such labor.

The Government allowed the ICRC to visit and register Ethiopian civilian detainees in internment camps, police stations, and prisons, and to visit Ethiopian POW's; however, the ICRC was not permitted to visit the approximately 750 Ethiopian soldiers who the Government claims are deserters from the Ethiopian army. Local groups were not permitted to monitor conditions in prisons.

During the year 2001, the Government reportedly continued to deny officials from the Government of Sudan access to 14 Sudanese prisoners arrested in 1994. There also was a report that there were additional, prolonged detentions of Sudanese non-political prisoners during the year 2001.

WOMEN

The Government has not taken a firm public stance against domestic violence and generally has ignored the problem; however, violence against women is pervasive. Spousal abuse is a crime. Spousal abuse, especially wife beating, is common; however, domestic violence seldom is discussed openly by women because of societal pressures. Such incidents more commonly are addressed, if at all, within families or by religious clergy. It was estimated that more than 65 percent of women in the Asmara area were the victims of domestic violence during the year 2001. The Government response to domestic violence was hindered by a lack of training, inadequate funding, and societal attitudes.

Rape is a crime. However, no specific information was available on its prevalence in the country.

Female genital mutilation (FGM), which is condemned widely by international health experts as damaging to both physical and psychological health, is widespread, with estimates placing the number of women and girls who have been subjected to FGM at 95 percent. FGM is practiced by almost all ethnic and religious groups in the country. In the lowlands, infibulation--the most severe from of FGM--is practiced. There is no law prohibiting FGM. However, the Government has worked to combat the practice of FGM. The Government and other organizations, including the National Union of Eritrean Women, sponsor education programs that discourage the practice. The U.N. Population Fund, through the Ministry of Health, sponsors reproductive health projects that provide training and awareness programs that focus on the negative physical and psychological impacts of FGM.

When the Government began detaining and returning Ethiopians to Ethiopia in 2000, authorities singled out young Ethiopian women, particularly prostitutes, barmaids, and waitresses, for detention and involuntary deportation; reportedly this was due, in part, to the fear that these women spread HIV/AIDS. Prostitution is illegal. As a result of displacement and difficult economic conditions, prostitution has become a serious problem in the country. Reportedly those women who could demonstrate that they had a child with an Eritrean father were permitted to remain in the country. However, other female deportees alleged that they were prevented from taking their children because the fathers were Eritreans.

ACKNOWLEDGEMENTS

Internet research assisted by Julie M. Carrillo

Criminology Links
History
Criminal Codes
Incidence of Crime
Trends
Transnational Crimes
Beliefs
Victimology
Legal System
Women
Police
Courts
Corrections
Juvenile Delinquency
Crime Prevention


Other Links
Online literature
Travel tips
International criminal justice agencies
Legal system
News and media
Correspondent email addresses
Feedback
Distance learning courses
Databases
Careers
Comparative criminology-related sites

A Comparative Criminology Tour of the World
Dr. Robert Winslow
rwinslow@mail.sdsu.edu
San Diego State University