Background

Since 2013, the Working Group on Enforced or Involuntary Disappearances (WGEID) has been producing thematic studies and presenting its findings to the Human Rights Council and to the General Assembly. Previous thematic reports have covered a wide-ranging set of concerns, including enforced disappearance and elections (A/HRC/57/54/Add.4), new technologies and enforced disappearances (A/HRC/54/22), standards and public policies for an effective investigation of enforced disappearances (A/HRC/45/13/Add.3), enforced disappearances in the context of migration (A/HRC/36/39/Add.2), enforced disappearances and economic, social and cultural rights (A/HRC/30/38/Add.5) and reparations and enforced disappearances (A/HRC/22/45).

Enforced disappearances are a crime under international law and a grave violation of multiple human rights, with far-reaching impacts on the disappeared, their families, and communities. In recent years, a concerning trend has emerged where individuals, particularly Indigenous Peoples, residents of rural communities, and members of ethnic and racial minorities, face heightened risks of enforced disappearance due to their involvement in defending land, natural resources, and the environment. Victims often challenge powerful economic interests and face significant threats as a result. The WGEID, in line with its mandate, seeks to explore these issues in greater detail through this thematic study, with the aim of contributing to international efforts to protect those most at risk; search for and locate the victims, investigate and prosecute the perpetrators, and repair those affected.

Objectives

The report aims to identify and analyze trends and patterns related to enforced disappearances in the context of the defense of land, natural resources, and the environment. It will assess (i) the contextual factors in which enforced disappearances occurred; (ii) how enforced disappearances are used as a tool to target human rights defenders, communities, Indigenous Peoples (inlcuding indigenous women and other populations facing multiple and intersecting forms of discrimination), and other actors defending their land, natural resources, and environment or resisting or protesting against the impacts of projects on individuals, families, communities, and countries; (iii) the role of various actors in enforced disappearances, including State actors and non-state actors, such as criminal organizations, transnational corporations, and other business enterprises; and (iv) the challenges, best practices, and measures adopted by States to prevent and address enforced disappearances in the context of the defense of land, natural resources and the environment to search for the disappeared; to investigate, identify, prosecute and sanction those responsible; and to provide adequate measures of reparation.

Key questions and types of input/comments sought

*Please only answer the questions that apply to you

Context

• What are the key contributing factors, patterns, and trends of enforced disappearances related to the defense of land, natural resources, and the environment?
• How do business activities, State policies, and other factors contribute to the risk of enforced disappearances in these contexts?
• Who are the main actors (state and non-state actors) involved in enforced disappearances related to the defense of land, natural resources, and the environment, and how do they contribute to risk and commission of enforced disappearances?

Impacts

• How have enforced disappearances affected the ability of individuals, communities, Indigenous Peoples, human rights defenders and societies to defend land, natural resources, and the environment, and what have been the broader social, economic, and environmental consequences?
• Has there been a differentiated or gendered impact on women and other populations facing multiple and intersecting forms of discrimination? 

Accountability & Redress

• What best practices and effective strategies have been identified for searching and locating the victims of enforced disappearances in the context of the defense of land, natural resources, and the environment, investigating and punishing the perpetrators, and granting redress to the disappeared, their families, and communities?
• What are the approaches used by the disappeared, their families and civil society organizations in seeking justice and redress, what challenges do they face, and how can these challenges be overcome?

Prevention & Protection

• What best practices, effective strategies, and lessons learned have been identified for preventing enforced disappearances in the context of the defense land, natural resources, and the environment?
• How can States, international organizations, national human rights institutions, communities, and civil society, including businesses and transnational corporations, better protect those at risk and address the root causes of enforced disappearances in these settings?

Cases

• Are there specific case studies or examples of enforced disappearances in the context of the defense of land, natural resources, and the environmental that illustrate broader trends or highlight good practices?

How inputs will be used?

Submissions are welcome from a wide range of stakeholders, including States, international financial institutions, transnational corporations and businesses, non-governmental organizations, human rights defenders, academics, and affected communities. Contributions that specifically address the questions outlined in this call, as well as other related issues, are welcome and encouraged.

We thank you in advance for your valuable contributions to this thematic study!