The Contracting States shall accord to refugees lawfully staying in their territory the most favourable treatment accorded to nationals of a foreign country, in the same circumstances

the Contracting States shall give sympathetic consideration to assimilating the rights of all refugees with regard to wage-earning employment to those of nationals

Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence

The evidence suggests that a person who has left Eritrea illegally, even a draft evader, can return to Eritrea provided they sign a “letter of apology” and pay any outstanding (2%)diaspora tax at an Eritrean embassy. The diaspora tax is considered a reasonable requirement and a refusal or failure to comply with this will mean the personis notissued with a travel document to return to Eritrea voluntarily, but this would not amount to persecution or serious harm.

" The evidence suggests that whilst some are detained/imprisoned (with the length of time appearing to vary), some are fined, others are simply re-assigned to national service. If disproportionate punishment amounting to serious harm is imposed, it is applied arbitrarily."

"The physical conditions during national service, including military training, are generally harsh, irrespective of whether a person performs military or non-military tasks. There are reports of torture and mistreatment, often for very minor infractions. "
"The evidence suggests that whilst some deserters/evaders may be detained/imprisoned (with the length of time appearing to vary), some are fined, others are simply re-assigned to national service. In order for a punishment to be considered disproportionately harsh or severe, it would need to be of a particularly serious nature. Long prison sentences will not normally be enough. However, the physical conditions of detention and potential for mistreatment may be such that a person can demonstrate that they are at real risk of persecution or serious harm."