Disappearances: UN expert panel studied over 200 cases; 17 under its urgent action procedure

GENEVA (19 March 2010) – The United Nations Working Group on Enforced or Involuntary Disappearances concluded its 90th session, held from 15 to 19 March 2010, at the Office of the United Nations High Commissioner for Human Rights in Geneva.

During its 90th session, the Working Group examined 17 reported cases under its urgent action procedure. It also reviewed around 200 newly-submitted cases of enforced disappearances and information on previously accepted cases concerning the following countries: Argentina, Belarus, Bolivia, Cameroon, Chad, People’s Republic of China, Colombia, Democratic People’s Republic of Korea, Egypt, France, India, Iraq, Kuwait, Mexico, Montenegro, the Kingdom of Morocco, Pakistan, Saudi Arabia, Sri Lanka, Sudan, Syrian Arab Republic, Tunisia, Turkey, United Arab Emirates, Viet Nam, and Yemen. Government responses to general allegations from Colombia, India and Romania and to prompt intervention letters from Thailand were also reviewed.

During this session, meetings were held with representatives of the Governments of Angola, Chad, Japan, Iraq, Morocco and Sri Lanka, as well as with NGOs and family members of the disappeared, to exchange views on the phenomenon of enforced disappearances. Members of the Working Group also held a series of informal bilateral meetings with some States with a view to enhance cooperation.

The Working Group also examined allegations submitted by non-governmental organizations regarding obstacles encountered in the implementation of the Declaration on the Protection of All Persons from Enforced Disappearance in their respective countries, and decided to transmit general allegations to the concerned Governments. The allegations concerned an escalating number of disappearances, the obligation to investigate all cases of enforced disappearances and the lack of effective legislative, judicial, and administrative measures to end enforced disappearances.

On 8 March 2010, the Chair-Rapporteur of the Working Group, Mr. Jeremy Sarkin, presented the Working Group’s annual report of activities for the year 2009 (A/HRC/13/31) and its report on the country visit to the Kingdom of Morocco (A/HRC/13/31/Add.1) undertaken in June 2009, to the thirteenth session of the Human Rights Council.

The Chair-Rapporteur, on behalf of the Working Group, stated that in 2009, the Working Group transmitted 456 new cases of enforced disappearances to Governments of 25 countries, 54 of these cases allegedly occurred within the three months preceding the receipt of the cases by the Working Group. The Working Group also clarified 36 cases, conducted one country visit, and responded in a timely manner to sources and Governments.

The Chair-Rapporteur highlighted to the Council four major areas of concern, as outlined in the annual report: (i) measures taken by Members States to address terrorism may amount to enforced disappearances; (ii) in certain parts of the world, impunity for the crime of enforced disappearance remains a serious problem; (iii) the question of enforced disappearance has special consequences for women; and (iv) that the right to truth should be enjoyed by all victims of enforced disappearance.

In the context of a series of events and activities that will be undertaken in 2010 to commemorate its 30th anniversary, on 18 March 2010, the Working Group hosted a side event on “Thirty years between hope and despair: the experience of the Working Group on Enforced or Involuntary Disappearances.”

The Working Group expresses its gratitude to Ambassador Alberto Dumont, Permanent Representative of the Argentine Republic to the United Nations Office at Geneva; Ambassador Jean-Baptiste Mattéi, Permanent Representative of France to the United Nations Office at Geneva; Ambassador Omar Hilale, Permanent Representative of the Kingdom of Morocco to the United Nations Office at Geneva; Mr. Peter Splinter, Amnesty International’s Representative at the United Nations Office in Geneva; and Ms. Mary Aileen Diez-Bacalso, Secretary-General of the Asian Federation Against Involuntary Disappearances for their valuable contribution to this event. The Working Group welcomes that a number of participants in the event called for ratification of the International Convention for the Protection of All Persons from Enforced Disappearance.

The Working Group on Enforced or Involuntary Disappearances was established by the United Nations Commission on Human Rights in 1980 to assist families in determining the fate and whereabouts of disappeared relatives. It endeavours to establish a channel of communication between the families and the Governments concerned, to ensure that individual cases are investigated, with the objective of clarifying the whereabouts of persons who, having disappeared, are placed outside the protection of the law. In view of the WGEID’s humanitarian mandate, clarification occurs when the fate or whereabouts of the disappeared person is clearly established. It continues to address cases of disappearances until they are resolved.

The Working Group is comprised of five independent experts from all regions of the world. The Chair-Rapporteur is Mr. Jeremy J. Sarkin (South Africa) and the other Expert-Members are Mr. Santiago Corcuera (Mexico), Mr. Olivier de Frouville (France), Mr. Darko Gottlicher (Croatia) and Mr. Osman El-Hajjé (Lebanon).