Credit: OHCHR
The United Nations Committee on Enforced Disappearances (CED) is holding its 8th session from February 2nd to 13th in Geneva, Switzerland. The CED is reviewing the State reports from Armenia, Mexico, and Serbia regarding their implementation of the International Convention for the Protection of All Persons from Enforced Disappearances (Convention). During this session, the CED engaged in a constructive dialogue with each State based on the government’s national report and responses to the list of issues the CED has asked the State to address; the Committee also took into account any supplementary reports from civil society organizations and national human rights institutions (NHRIs).
It will adopt its concluding observations on these three States’ implementation of the Convention prior to closing the session. [OHCHR Press Release] The CED will also adopt lists of issues for Iraq and Montenegro, based on its internal discussion and input received from civil society and NHRIs. The documents pertaining to each State may be found on the CED’s 8th session webpage. The session agenda also includes consideration of requests for urgent actions and individual complaints. To watch a live webcast or video of the CED’s constructive dialogue with each State, visit UN Treaty Body Webcast.
Armenia
The CED held its constructive dialogue with Armenia on February 3 and 4. [OHCHR Press Release: Armenia]
In its list of issues, the CED asked Armenia to address whether it anticipates making the appropriate declarations under the Convention to authorize the Committee to receive and consider individual and inter-State complaints against it. The CED asked Armenia to discuss any allegations of cases that could constitute enforced disappearances, the status of Criminal Code amendments addressing enforced disappearances, and any treaties where enforced disappearances are a basis for extradition. The CED requested detailed information regarding the measures taken to prevent enforced disappearances, including the notification of family members, maintenance of registers on all persons deprived of liberty, collection of personal information to identify disappeared persons, and training of State officials. Armenia was asked to clarify the definition of “victims” of enforced disappearance, and to explain the forms of reparation available to victims beyond compensation. Armenia replied to the list of issues prior to its constructive dialogue with the Committee. See also Committee on Enforced Disappearances, Consideration of reports submitted by States parties under article 29, paragraph 1, of the Convention: Armenia, UN Doc. CED/C/ARM/1, 14 October 2013.
No alternative or supplementary reports from civil society organizations or other stakeholders were included in the review.
Mexico
The CED held its constructive dialogue with Mexico on February 2 and 3. [OHCHR Press Release: Mexico]
In its list of issues, the CED asked Mexico to provide the current number of missing persons in the State, including an assessment of how many missing persons were subjected to enforced disappearance. The CED requested a summary of the State’s progress toward establishing a database to search for disappeared persons, including an explanation of how the database will be linked to other State institutions’ records, and how confidentiality will be maintained. Mexico was asked to address the steps it has taken to investigate and prosecute those responsible for the disappearances, in particular disappearances that occurred during “the dirty war” or that involved organized crime groups. The CED asked Mexico to explain the measures taken to protect witnesses and prevent intimidation, and to indicate whether: records on persons deprived of their liberty are up to date; State officials have failed to enter arrests or detentions into the system; and the National Human Rights Commission has unrestricted access to all locations holding persons deprived of their liberty. The CED requested clarification concerning Mexico’s definition of “victim,” and the steps taken to coordinate forensic services to identify victims. Mexico replied to the list of issues prior to its constructive dialogue with the CED. See also Committee on Enforced Disappearances, Consideration of reports submitted by States parties under article 29, paragraph 1, of the Convention: Mexico, UN Doc. CED/C/MEX/1, 11 March 2014.
Multiple stakeholders submitted shadow reports concerning Mexico’s implementation of the Convention. For example, Amnesty International expressed concern over the “rampant impunity” regarding missing persons, the lack of effective search mechanisms, lack of reparation for direct and indirect victims, and lack of political will to address the disappearances. See Amnesty International, Mexico: Submission to the UN Committee on Enforced Disappearances: 8th Session, 2–13 February 2015, 4–5. Amnesty’s report stated that the disappearance of 43 student protesters in September 2014 was “similar to the thousands of cases of disappearances which have taken place across the country” since 2006, but different in that it garnered national and international attention, thereby compelling the State to take action. See id. at 4.
The National Commission on Human Rights, which is the NHRI in Mexico, also submitted a report detailing actions taken to address disappearances, along with several recommendations for the Committee to consider in formulating its concluding observations. See National Commission on Human Rights, Considerations from the National Commission on Human Rights (CNDH) to the United Nations Committee on Enforced Disappearances, February 2015.
For more information about the disappearance of 43 student protesters in Mexico, see IJRC’s previous news post.
Serbia
The CED held its constructive dialogue with Serbia on February 4 and 5. [OHCHR Press Release: Serbia]
In its list of issues, the CED asked Serbia to discuss any cases that could potentially constitute enforced disappearance, and to comment on the allegation that State officers threatened witnesses in war crimes trials. The CED asked Serbia to describe the steps taken to ensure witness protection, and to explain whether State officials investigating disappearances have immediate access to locations where the person may be held. The CED requested information on the measures taken to ensure that official records of persons deprived of their liberty are complete and up to date. It asked Serbia to discuss how the right to family member notification is guaranteed in practice when an individual is deprived of his or her liberty. The CED requested clarification regarding the authorities responsible under Serbian law for compensating victims when there is an enforced disappearance, and to indicate if Serbia has undertaken any rehabilitation measures for victims. Serbia replied to the list of issues prior to its constructive dialogue with the CED. See also Committee on Enforced Disappearances, Consideration of reports submitted by States parties under article 29, paragraph 1, of the Convention: Serbia, UN Doc. CED/C/SRB/1, 30 December 2013.
Two organizations submitted shadow reports to the CED regarding Serbia’s compliance with the Convention. The Humanitarian Law Center’s report states that 12,000 persons are still missing from the armed conflict in former Yugolsavia, and alleges that Serbia concealed evidence regarding missing persons, has not adopted measures toward providing victims with reparations, and has not complied with its obligation investigate disappearances and punish the perpetrators. See Humanitarian Law Center, Shadow Report for the Committee against Enforced Disappearances, 9 January 2015. Amnesty International’s report voices concern over “the definition and criminalization of enforced disappearance, failures in relation to the obligation to investigate acts of enforced disappearance, [and] judicial procedures, including witness protection and the right to truth and reparation.” See Amnesty International, Serbia: Submission to the Committee on Enforced Disappearances: 8th Session, 2–13 February 2015, 5.
About the Committee
The CED consists of 10 independent experts who are nationals of State parties to the Convention. States have a duty to submit an initial report on measures they have taken to implement the Convention within two years of acceding to the treaty, and to submit periodic reports thereafter. States may make declarations under Article 31 of the Convention authorizing the CED to consider individual complaints of human rights violations against the State.
Further, the CED is empowered to consider requests for urgent action concerning a disappeared person. If the CED accepts the request, it asks the relevant State to provide information about the disappeared person and may recommend that the State take all steps necessary to locate the person. The CED may also order interim measures, formally requesting the State to take action to avoid allowing irreparable harm to the victim.
To learn more about the Committee on Enforced Disappearances, visit IJRC’s Online Resource Hub.