强迫失踪问题委员会与缔约国和民间社会举行会议（部分翻译）

2015年9月17日

强迫失踪问题委员会今天下午分别与《保护所有人免遭强迫失踪国际公约》缔约国、国家人权机构和非政府组织举行了三场单独的会议。

在和缔约国的会议中，强迫失踪问题委员会主席埃马纽埃尔•德科（Emmanuel Decaux）表示，目前有50个国家批准了《保护所有人免遭强迫失踪国际公约》，伯利兹和乌克兰为最近批准《公约》的国家。

阿根廷和西班牙在发言中表达了对委员会工作的支持，并对批准国数量有所增加表示欢迎。尽管这两个国家有着各自独特的国情，但共同目标是一致的：消除侵犯人权现象。

在与民间社会代表召开的会议中，德科先生称第二十七届主席会议在哥斯达黎加圣何塞召开，会议通过了关于报复行为的准则。委员会在会上还通过了将新准则投入实践的发展蓝图。

摩洛哥国家人权理事会强调需要对强迫失踪的体制化给予密切关注。

非政府组织——中部洪都拉斯移民亲属委员会（Committees of Relatives of Migrants of Central Honduras）谈及了移徙人员失踪问题和其他失踪人员，以及确保对失踪人员进行搜救的可用机制。

德科先生表示这是委员会首次审议移徙人员失踪案件。此类事件不仅仅是委员会的责任，也同样需要其他国际组织和机构承担责任。

委员会将于9月18日（周五）下午3点举行下一次公开会议，通过其关于伊拉克和黑山报告的结论性意见和建议，并结束会议。

Meeting with States Parties

EMMANUEL DECAUX, Chairperson of the Committee, said that the Committee had held two constructive dialogues, with Iraq and Montenegro. With Belize and Ukraine, the total number of States who had ratified the Convention had increased to 50. As more States were ratifying the Convention, there was a hope of universality in the near future.

Argentina thanked for the opportunity to exchange the views, and reaffirmed its commitment to the Convention and support for the work of the Committee. Argentina was extremely happy to see new ratifications. Although each country had its unique situation, the aim was the same: the elimination of the violations of human rights. Argentina inquired about the relationship between the Committee and the Working Group on Enforced Disappearances, especially as there was an increase in the number of ratifications.

Mr. Decaux said that the Committee and the Working Group were exchanging views and setting priorities. Each body had its own mandate and was free to pick its priorities. However, he underlined, there should be no black holes left regarding the issue of disappearances.

Spain commended the Committee and its members for their work and reassured the Committee of its ongoing support. It asked about the reprisals and coordination between human rights treaty bodies.

The Chairperson responded that the twenty-seventh meeting of Chairpersons had taken place in San Jose, Costa Rica, where the guidelines on reprisals had been adopted. As he had taken the Chairpersonship of the ten Committee Chairpersons, the issue was of particular importance for him. The guidelines were based on clear principles, but they needed to be implemented.

A Committee Expert thanked all States parties for making the Convention diverse and helping make it universal. To maintain the appropriate momentum, States parties needed to submit their reports in time and respect the decision-making competency of the Committee.

Another Expert highlighted the need to encourage all other States to become parties to the Convention. They also needed to understand the competence of the Committee in receiving individual complaints.


Meeting with National Human Rights Institutions

Mr. Decaux said that the Committee had adopted a roadmap in order to bring the new guidelines on reprisals into life. An increasing cooperation had been developing between human rights treaty bodies. However, the Committee needed more partners to ensure the implementation of the guidelines, which was why it was very important for the Committee to cooperate with the national human rights institutions.

International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights stated that the Committee should encourage all States to ratify the Convention and to strengthen their national institutions for the promotion of human rights. The International Coordinating Committee and its regional networks were working to build the capacity of national human rights institutions through training, peer support and the exchange of good practices amongst its members. Feedback from the Committee was expected on the best ways those institutions could engage with the Committee and support its work.

Mr. Decaux said that it was hard to understand why some States had not yet ratified the Convention. However, the role of national human rights institutions was the key to understanding the problem. National human rights institutions should consider organizing live webcast screenings, at their premises, of the Committee’s interactive dialogues with States parties. Regional and local commissions also had a role to play in States. Sometimes national institutions with “B” status worked in more difficult conditions than those with status “A”, which also had to be taken into consideration.

A Committee Expert stated that sometimes national human rights institutions were not independent, even though they claimed that they were. He explored the possible ways to monitor those institutions. He asked what kind of measures should be taken to ensure the effectivity of follow-up mechanisms.

The National Human Rights Council of Morocco called on all States parties to pay close attention to the issue of institutionalisation of enforced disappearances as their national legislations had to be in line with the Convention. The National Human Rights Council of Morocco had been involved in the identification of such cases and their work had encouraged the Government take necessary measures on the issue. Their work had also helped the Government to include “human rights” in the newest Constitution and to penalise the enforced displacement.

International Coordinating Committee asked for a better inclusion of national institutions in the work of the Committee.

Mr. Decaux said that the Committee was trying to be as transparent as possible, regularly uploading news and development, as well as documents and reports on its website.

Meeting with Non-Governmental Organizations

Committees of Relatives of Migrants of Central Honduras inquired whether the Committee could develop a general recommendation on the protection of migrants and refugees. Central American committees of families of disappeared migrants on migration routes had promoted the creation of a transnational mechanism to guarantee the search of disappeared migrants. Also, the implementation of Article 17 was a matter of urgency. It was, therefore, necessary that States of origin of disappeared migrants and missing persons had accessibility and up-to-date registries of those persons in order to facilitate the search. Further, all States needed to have a single shared registry to localise missing persons.

Article 24 of the Convention described the obligation of each State party to take all necessary measures to search for, locate and release disappeared persons. Accordingly, the organisation asked the Committee to call on all States to facilitate the entry of families of disappeared persons into the concerning State.

Mr. Decaux said that it was the first time that the Committee had reviewed cases on the disappearances of migrants. Duty to protect was part of the Committee’s mandate; however, the scope of that issue exceeded the responsibility of the Committee, and covered other international organisations’ and bodies’ mandates as well.

An Expert stated that the Committee attached great importance to the issue of migration. One of the possibilities to raise the profile of the issue was to cooperate with the Government of Mexico in an open way. Another Expert described the issue as a “humanitarian situation”, highlighting the importance of family members to the information.

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For use of the information media; not an official record