Enforced disappearance refers to the arrest, detention, abduction, or any form of deprivation of liberty carried out by state officials or individuals or groups acting with the authorization or support of the state, or with its consent, followed by a refusal to acknowledge the deprivation of the individual’s liberty or to disclose the fate or whereabouts of the disappeared person, thereby denying them legal protection (Article 2 and the Preamble of the International Convention for the Protection of All Persons from Enforced Disappearance).
Enforced disappearance is defined by three cumulative elements (outlined in report A/HRC/16/48/Add.3):
- Deprivation of liberty against the will of the person concerned;
- The involvement of government officials, at least through tacit consent;
- A refusal to acknowledge the deprivation of liberty or to conceal the fate or whereabouts of the disappeared person.
Enforced disappearance has a double negative effect that cripples both the victim, who is deprived of legal protection and is often subjected to torture, living in constant fear for their life, and the families of those who are unaware of the fate of their loved ones. The families oscillate between hope and despair, enduring endless questioning and waiting, sometimes for many years, for news that may never come.
Enforced disappearance is often used as a strategy to spread terror within communities. The insecurity it creates is not limited to the immediate relatives of the disappeared but also affects their local communities and society as a whole.
The trends and manifestations of enforced disappearance have evolved, as outlined in various reports of the Working Group on Enforced or Involuntary Disappearances.
The Working Group on Enforced or Involuntary Disappearances
The primary humanitarian mission of the Working Group is to assist families in determining the fate or whereabouts of their relatives who are allegedly disappeared. The Working Group acts as a liaison between the families of enforced disappearance victims or organizations supporting them, on the one hand, and the governments concerned, on the other.
To this end, the Working Group receives reports on cases of disappearance from the families of the disappeared or from human rights organizations on their behalf. It examines these cases and refers them to the relevant governments, requesting that investigations be conducted and that the results be communicated to the Working Group. It follows up on these requests for information regularly. Cases remain open in the Working Group’s database until the fate or whereabouts of the individual is determined.
Since its establishment, the Working Group has referred 59,212 cases to 110 countries, with the number of ongoing cases exceeding 46,400 in over 95 countries.
The Working Group and the Committee on Enforced Disappearances
The International Convention for the Protection of All Persons from Enforced Disappearance was adopted in 2006. The Convention obliges states to consider enforced disappearance a crime punishable by law with appropriate penalties that take into account its gravity. It also affirms that enforced disappearance is a crime that can rise to the level of crimes against humanity if it is committed on a large scale or in a systematic manner. On February 6, 2007, the historic process of ratification of the Convention began in Paris, with 57 states signing it. The Convention entered into force on December 23, 2010, and the Committee on Enforced Disappearances was established.
As with many other thematic human rights issues, the Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances collaborate to help states combat enforced disappearances and support victims in their efforts to attain truth, justice, and redress. While the Committee’s jurisdiction is limited to states that have ratified the Convention, the Working Group can consider cases from all countries.
The Committee addresses only cases of enforced disappearance that occurred after the entry into force of the Convention on December 23, 2010. For countries that have not yet become parties to the International Convention for the Protection of All Persons from Enforced Disappearance, the Working Group is the only competent body within its mandate. Therefore, the Working Group’s procedures can be activated to determine the fate or whereabouts of the disappeared. For states that are parties to the Convention, both the Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances have jurisdiction, within their respective mandates. Nevertheless, in a spirit of cooperation and complementarity, the Working Group has developed a practice whereby, if it receives a request concerning a state party to the Convention, it consults the source (i.e., the relatives of the disappeared person or their representatives) and then refers the case to the Committee for the necessary action. At the same time, as a general rule, the Committee will not register an urgent action for a case already recorded by the Working Group.
The Working Group on Enforced or Involuntary Disappearances and Other Mechanisms
The Working Group has cooperated with regional human rights mechanisms to contribute to strengthening regional and national policies and institutional frameworks to address enforced or involuntary disappearances and to enhance support for the families of victims and their relatives. In this regard, the Working Group collaborates with the Inter-American Commission and Court of Human Rights, the African Commission on Human and Peoples’ Rights, and the regional European human rights bodies.
The Working Group also works with international accountability mechanisms, such as fact-finding missions of the United Nations High Commissioner for Human Rights, investigative committees, and the International Criminal Court. Furthermore, the Working Group’s experts engage directly with national mechanisms investigating cases of enforced disappearance and/or searching for victims.