Civilized World - Threatened by Disappearances

Enforced disappearances occur when persons are arrested, detained or abducted against their will or otherwise deprived of their liberty...

Coutesy: cannotallowtorture.blogspot.com

(PARIS, France) - A resolution of the UN Commission on Human Rights of 29 February 1980 established the Working Group on Enforced or Involuntary Disappearances - WGEID. This was followed by the UN General Assembly declaration in 1992, “Protection of all persons from enforced Disappearances”. The UN General Assembly (UNGA) is, of course, the body composed of all UN member States.

The International Convention for the Protection of All Persons from Enforced Disappearance (ICPED) was adopted by the UNGA on 20 December 2006 and opened for signatories on 6 February 2007. After 32 States had ratified this convention, on 23 December 2010, it entered into force.

As of 14 July 2012, ninety one (91) States are signatories and 34 are parties to this convention. Most of the countries which have the worst records on disappearances have neither signed nor become parties to this convention - Sri Lanka, Pakistan, China, Russian Federation, Iran, Israel and a few other countries. India signed it on 6 February 2007.

The WGEID holds three regular sessions during the year and consists of five independent experts. Current members are from France, South Africa, Lebanon, Bosnia and Herzegovina and Argentina.

The mandate of the WGEID is to assist families to determine the fate of their “disappeared” kith and kin. The Working Group creates communications between the States and the families to deal with cases which have already been brought to the attention of the Working Group.

Like other mandates, the WGEID reminds states of their obligations. For further discussion concerning disappearances, the definitions of “Enforced disappearance” and “Perpetrators” are useful to know - the report A/HRC/19/58/Rev.1 of 1 January 2012 says:

Definition of enforced disappearance : - As defined in the preamble of the Declaration, enforced disappearances occur when persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.

The Working Group operates for purposes of its work on the basis that, in accordance with the definition contained in the Preamble of the Declaration, enforced disappearances are only considered as such when the act in question is perpetrated by State actors or by private individuals or organized groups (e.g. paramilitary groups) acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government. Based on the above, the Working Group does not admit cases when they are attributed to persons or groups not acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, such as terrorist or insurgent movements fighting the Government in its own territory.

The cases in the WGEID are dealt with under two different procedures – the Urgent procedure and the Standard procedure. The Urgent proceduredeals with disappearance cases that happened within the previous 3 months. These are immediately transferred to the Ministry of Foreign Affairs of the concerned State and the source informed that an urgent action has been sent.

The idea of informing the Source is to encourage them to deal with the concerned government regarding the particular case. Any reply received from the Government regarding the cases transmitted by the Working Group, is communicated to the person who submitted the case.

The Standard procedure includes disappearance cases reported after three months. The WGEID examines those cases in detail during the session and transmits them to the concerned state with a request to carry out an investigation to clarify or find out the fate of the victim/victims. The WGEID waits for the result of the investigation of the concerned government.

Admissibility of the cases depends on the following information: The case can be submitted by family members, friends, a Non-Governmental Organization - NGO or any other reliable source. The cases should be submitted in writing with clear details of the person or organization submitting the case. There should be sufficient information for the WGEID to communicate with the party concerned.

Submitted cases should include:- Full name of the disappeared person; if possible, age, gender, nationality, occupation or profession; date of disappearance or  arrest or abduction, or day, month and year when the disappeared person was last seen. When the disappeared person was last seen in a detention centre, an approximate indication -month or period and year is sufficient for the WGEID.

The place of arrest or abduction should also be included or where the disappeared person was last seen (indication of town or village, at least); It is very important also to include the parties acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, presumed to have carried out the arrest or abduction or to be holding the disappeared person in unacknowledged detention.

Steps taken by the family to determine the fate or whereabouts of the disappeared person should also be included. The reason for giving this information is to prove that all domestic remedies have been exhausted, and that there are no available mechanisms in the country to establish the whereabouts of the disappeared person or persons.

Anyone submitting a case or cases with the status of reliable source needs to indicate whether the relatives of the victim/victims have given their consent to submit the case to the WGEID on their behalf.

When submitting a case to the WGEID one can ask for confidentiality. This is to avoid reprisals and to ensure a certain level of protection.

With the consent of the relevant government, the WGEID can visit a country to assess the overall situation of disappearances and then release a report on their visit.

The WGEID submits annual reports on its activities to the Human Rights Council, detailing its communications with governments and others, on disappearance cases received during the year.

However, international pressure may be a key factor in whether a case of disappearance is solved or not, or whether reprisals are targeted against people working on the cases.<

The Secretariat is based in Geneva, Switzerland:

Working Group on Enforced or Involuntary Disappearances - WGEID

Office of the High Commissioner for Human Rights - OHCHR

Palais Wilson - United Nations

1211 Geneva 10, Switzerland

Fax +41 22 917 9006 (indicate: “For the attention of: WGEID”).

Cases and replies are reviewed at the session following their receipt, if received at least one month before the session. Reported cases remain on the file of the WGEID until clarified. Certain cases may take several years – many have.

The next (98^th) session of the WGEID will meet from 31 October to 9 November 2012.

Disappearances in Sri Lanka highlighted in the UN WGEID reports are given below:

Report of the UN Working Group on Enforced or

Involuntary Disappearances (WGEID)

A/HRC/19/58/Rev.1- 2 March 2012

Number of outstanding cases at the beginning of the period under review  5,653

Cases transmitted to the Government during the period under review :  59

Cases sent under the urgent action procedure    0

Cases sent under the standard procedure    59

Cases clarified during the period under review by:      

Government        0

Non-governmental sources       0

Number of outstanding cases at the end of the year under review    5,671

Number of cases on which the Government has replied   0

Multiple replies on some cases      N/A

Number of cases of possible clarification by Government (6-month rule)  0

Urgent appeal     N/A  Government response  N/A

General allegation   Yes  Government response  No

Prompt intervention letter  Yes  Government response  No

Working Group request for a visit Yes  Government response  No

* * * * *

Report of the UN Working Group on Enforced or

Involuntary Disappearances (WGEID)

A/HRC/16/48- 26 January 2011

Number of outstanding cases at the beginning of the period under review   5,651

Cases transmitted to the Government during the period under review:  4

Cases sent under the urgent action procedure 3

Cases sent under the standard procedure  1

Cases clarified during the period under review by:

Government 0

Non-governmental sources 0

Number of outstanding cases at the end of the year under review   5,653

Number of cases on which the Government has replied       32

Multiple replies on some cases          Yes

Number of cases of possible clarification by Government (6-month rule)  0

Urgent appeal    N/A  Government response  N/A

General allegation   N/A  Government response  N/A

Prompt intervention letter  N/A  Government response  N/A

Working Group request for a visit Yes  Government response  None

* * * * *

Report of the UN Working Group on Enforced or

Involuntary Disappearances (WGEID)

A/HRC/13/31 - 21 December 2009

Number of outstanding cases at the beginning of the period under review  5, 727

Cases transmitted to the Government during the period under review:  100

Cases sent under the urgent action procedure    4

Cases sent under the standard procedure    96

Cases clarified during the period under review by:     

Government        5

Non-governmental sources      0

Number of outstanding cases at the end of the year under review   5,822

Number of cases on which the Government has replied       32

Multiple replies on some cases          Yes

Number of cases of possible clarification by Government (6-month rule)  0

General allegation   N/A  Government response  N/A

Prompt intervention letter  N/A  Government response  N/A

Working Group request for a visit Yes  Government response  No

* * * * *

Report of the UN Working Group on Enforced or

Involuntary Disappearances (WGEID)

(Advanced edited version - A/HRC/10/9 - 6 February 2009)

Statistical summary: cases of enforced or involuntary disappearance

reported to the Working Group between 1980 and 2008

Countries/entities      Sri Lanka         

Cases transmitted to the Government

Total   - Cases    12297    

- Female    155    

Outstanding - Cases    5727

- Female    87  

Clarification by - Government   6530 

Non-governmental sources 40   

Status of person at date of clarification 

At liberty          101    

In detention          24   

Dead         6445  

Discontinued cases      --- 

* * * * *

S. V. Kirupaharan

France

1 August 2012