Forced disappearance is often used as a strategic tool to spread terror within society. The sense of insecurity it generates does not only affect the relatives of the disappeared, but also local communities and society as a whole.

Forced disappearance has become a global issue, no longer confined to a specific region of the world. While this phenomenon was once predominantly associated with military dictatorships, forced disappearances can now occur in complex internal conflict situations, or as a means of political pressure against opponents.

Particularly concerning are:

• The continued harassment faced by human rights defenders, relatives of the victims, witnesses, and lawyers involved in forced disappearance cases.
• The exploitation of counter-terrorism activities by states as a pretext to violate their obligations.
• The continued widespread impunity enjoyed by perpetrators of forced disappearances.

Special attention must be given to vulnerable groups, such as children and persons with disabilities.

Hundreds of thousands of people have disappeared during conflicts or periods of persecution in at least 85 countries worldwide.

Those Affected by Forced Disappearances

The Victims Themselves

Victims are often subjected to torture and live in constant fear for their lives. Their families, unaware of the victims’ fate, experience an emotional swings between hope and despair, sometimes for years, awaiting news that may never come. Victims know that their families have no information about their whereabouts and that help is unlikely to arrive. By being removed from legal protection and “disappeared” from society, they are stripped of all rights and left at the mercy of their captors. Even if the victim does not perish and is eventually freed from this nightmare, the physical and psychological effects of such dehumanization, brutality, and torture often remain.

Relatives and Friends of the Victims

The families and friends of the disappeared suffer from slow psychological torment, not knowing if the victim is alive, where they are held, under what conditions, or what their health status is. They are also aware that they themselves could be targeted and share the same fate, making their search for the truth dangerous.

The families’ ordeal is often exacerbated by the material consequences of the forced disappearance, as the disappeared individual is often the primary breadwinner. In many cases, they are the only one capable of working the land or running the family business. The emotional upheaval is thus compounded by financial hardship, especially when families incur additional costs in their efforts to find the disappeared. Moreover, families cannot easily adapt to their new reality, uncertain whether their loved one will ever return. In some cases, national laws may prevent families from receiving pensions or other support unless a death certificate is presented, often resulting in the family’s economic and social marginalization.

Women often bear the brunt of severe economic difficulties caused by the disappearance, as they are typically at the forefront of the fight to resolve the disappearance of their family members. In doing so, they may face harassment, persecution, and retaliation. When women themselves are victims of forced disappearances, they are particularly vulnerable to sexual violence and other forms of abuse.

Children can also be directly or indirectly affected. The disappearance of a child is a clear violation of several provisions of the Convention on the Rights of the Child, including the right to identity. The loss of a parent through forced disappearance is also a grave violation of the child’s human rights.

Impact on Society

The disappearance of a family’s sole breadwinner directly impacts communities, as does the worsening financial situation and social marginalization of families. Forced disappearance has often been used as a strategy to spread terror within society. The resulting sense of insecurity not only affects the relatives of the disappeared but also impacts local populations and society at large.

Definition

According to the Declaration on the Protection of All Persons from Forced Disappearance, adopted by the UN General Assembly in Resolution 47/133 on 18 December 1992, forced disappearance occurs when:

“persons are arrested, detained, or abducted against their will or otherwise deprived of their liberty by officials from various branches of the government, or by organized groups or private individuals acting on behalf of, or with the support, consent, or acquiescence of the government, followed by a refusal to acknowledge the deprivation of their liberty or to disclose their fate or whereabouts, thereby placing such persons outside the protection of the law.”

A Grave Violation of Human Rights

During forced disappearance, the following civil or political rights may be violated:

• The right to recognition as a person before the law;
• The right to liberty and security of the person;
• The right not to be subjected to torture or to cruel, inhuman, or degrading treatment or punishment;
• The right to life, in cases where the disappeared person is killed;
• The right to identity;
• The right to a fair trial and judicial guarantees;
• The right to an effective remedy, including reparation and compensation;
• The right to know the truth regarding the circumstances of the disappearance.

Forced disappearance also generally violates the economic, social, and cultural rights of both the victims and their families:

• The right to protection and assistance for the family;
• The right to an adequate standard of living;
• The right to health;
• The right to education.

Both the Rome Statute of the International Criminal Court, which entered into force on 1 July 2002, and the International Convention for the Protection of All Persons from Forced Disappearance, adopted by the UN General Assembly on 20 December 2006, classify forced disappearance as a crime against humanity when committed as part of a widespread or systematic attack against any civilian population. It is therefore not subject to any statute of limitations. Furthermore, the families of victims have the right to seek compensation and to demand the truth regarding the disappearance of their loved ones.