Question of enforced disappearances
Commission on Human Rights resolution 1995/38
The Commission on Human Rights,
Bearing in mind General Assembly resolution 33/173 of 20
December 1978, in which the Assembly requested the Commission on
Human Rights to consider the question of disappeared persons with
a view to making appropriate recommendations, and all other
United Nations resolutions concerning missing or disappeared
persons,
Recalling its resolution 20 (XXXVI) of 29 February 1980, in
which it decided to establish a working group consisting of five
of its members, to serve as experts in their individual capacity,
to examine questions relevant to enforced or involuntary
disappearances, and its resolutions 1991/41 of 5 March 1991,
1992/30 of 28 February 1992, 1993/35 of 5 March 1993 and 1994/39
of 5 March 1994,
Recalling also General Assembly resolution 47/133 of 18
December 1992, by which the General Assembly adopted the
Declaration on the Protection of All Persons from Enforced
Disappearance,
Emphasizing that, in the Vienna Declaration and Programme of
Action (A/CONF.157/23), the World Conference on Human Rights
welcomed the adoption of the Declaration on the Protection of All
Persons from Enforced Disappearance and called upon all States to
take effective legislative, administrative, judicial or other
measures to prevent, terminate and punish acts of enforced
disappearance,
Noting that the Working Group on Enforced or Involuntary
Disappearances considers the adoption of the latter Declaration
to be the most encouraging development since its establishment in
respect of efforts to combat enforced disappearances, especially
in so far as it recognizes that the systematic practice of such
acts "is of the nature of a crime against humanity",
Expressing concern in this connection that, according to the
Working Group, the practice of a number of States can run counter
to the Declaration,
Convinced of the need to continue implementing the provisions
of General Assembly resolution 33/173 and of the other United
Nations resolutions on the question of disappeared persons, with
a view to finding solutions for cases of disappearance and
eliminating enforced disappearances, duly taking into account the
provisions of the Declaration,
Taking into account General Assembly resolution 49/181 of 23
December 1994,
Noting General Assembly resolution 49/193 of 23 December 1994,
Deeply concerned at the increase and spread of the practice of
enforced disappearances in various parts of the world,
Concerned at the large number of reports concerning
harassment, ill-treatment and intimidation of witnesses of
disappearances or relatives of disappeared persons,
Noting with satisfaction in this connection that the Working
Group reports increased co-operation on the part of most States,
Recalling its resolution 1994/70 of 9 March 1994 on
co-operation with representatives of United Nations human rights
bodies,
Having considered the report of the Working Group
(E/CN.4/1995/36) and the report of the expert, member of the
Working Group and responsible for the special process dealing
with the problem of missing persons in the territory of the
former Yugoslavia (E/CN.4/1995/37),
- Expresses its appreciation to the Working Group on
Enforced or Involuntary Disappearances for the way in
which it is performing its task, and thanks it for
submitting a report to the Commission in accordance with
resolution 1994/39 of 4 March 1994;
- Takes note of the report of the Working Group
(E/CN.4/1995/36);
- Encourages the Working Group, in its efforts to help to
eliminate the practice of enforced disappearances, to
submit to the Commission all information it deems
necessary and any specific recommendations it may wish to
make regarding the fulfilment of its task;
- Notes that the primary role of the Working Group, as
described in its reports, is to act as a channel of
communication between families of the disappeared persons
and the Governments concerned, with a view to ensuring
that sufficiently documented and clearly identified
individual cases are investigated and to ascertain
whether such information falls under its mandate and
contains the required elements;
- Reminds the Working Group of the need to observe, in its
humanitarian task, United Nations standards and practices
regarding the handling of communications and the
consideration of government replies;
- Deplores the fact that, as the Working Group stresses in
paragraph 440 of its report, some Governments have never
provided substantive replies concerning enforced
disappearances alleged to have occurred in their
countries, nor acted on the recommendations concerning
them made in the reports of the Working Group;
- Urges the Governments concerned, particularly those which
have not yet responded to communications transmitted to
them by the Working Group, to take action as rapidly as
possible concerning these communications, to co-operate
with and assist the Working Group so that it may carry
out its mandate effectively, and in particular to reply
expeditiously to its requests for information;
- Also urges the Governments concerned to intensify their
co-operation with the Working Group on any action taken
pursuant to recommendations addressed to them by the
Working Group;
- Once again urges Governments to take steps to protect the
families of disappeared persons against any intimidation
or ill-treatment to which they might be subjected;
- Encourages Governments to give serious consideration to
inviting the Working Group to visit their countries so as
to enable the Working Group to fulfil its mandate even
more effectively;
- Urges Governments to take steps to ensure that, when a
state of emergency is introduced, the protection of human
rights is guaranteed, particularly as regards the
prevention of enforced disappearances;
- Reminds Governments of the need to ensure that their
competent authorities conduct prompt and impartial
inquiries in all circumstances whenever there is reason
to believe that an enforced disappearance has occurred in
a territory under their jurisdiction;
- Recalls that, if allegations are confirmed, the
perpetrators should be prosecuted;
- Expresses its profound thanks to the many Governments
that have co-operated with the Working Group and replied
to its requests for information, and to the Governments
that have invited the Working Group to visit their
countries, asks them to give all necessary attention to
the Working Group's recommendations, and invites them to
inform the Working Group of any action they take on those
recommendations;
- Commends in particular the efforts of Governments which
investigate and/or develop appropriate mechanisms to
investigate any cases of enforced disappearance which are
brought to their attention, and encourages all the
Governments concerned to expand their efforts in this
area;
- Invites States, taking into account the conclusions of
the Working Group, to consider taking effective measures,
including if appropriate legislative measures, to
implement the principles of the Declaration on the
Protection of All Persons from Enforced Disappearance;
- Invites, in this connection, all Governments to take
appropriate legislative or other steps to prevent and
punish the practice of enforced disappearance, in keeping
with the Declaration, and to take action at the national
and regional levels and in co-operation with the United
Nations, if appropriate through technical assistance;
- Recalls that all acts of enforced disappearance are
offences punishable by appropriate penalties which take
into account their extreme seriousness under criminal
law;
- Encourages States to provide concrete information, as
some have already done, on measures taken to give effect
to the Declaration, as well as obstacles encountered;
- Again invites the Working Group to identify obstacles to
the realization of the Declaration, to recommend ways of
overcoming those obstacles and to pursue in this respect
its dialogue with Governments and institutions concerned;
- Notes that the Working Group, in conformity with
paragraph 17 of resolution 1994/39, has undertaken to
revise its working methods, in particular the
presentation of its report, taking into account the
provisions of the Declaration;
- Invites the Working Group to continue to consider the
question of impunity, in close collaboration with the
rapporteurs appointed by the Subcommission on Prevention
of Discrimination and Protection of Minorities and with
due regard for the relevant provisions of the
Declaration;
- Requests the Working Group to pay particular attention to
cases of children subjected to enforced disappearance and
children of disappeared persons and to co-operate closely
with the Governments concerned to search for and identify
these children;
- Notes the activities of non-governmental organizations to
support the implementation of the Declaration and invites
them to continue to facilitate its dissemination and to
contribute to the work of the Subcommission on Prevention
of Discrimination and Protection of Minorities;
- Takes note of the co-operation provided to the Working
Group by non-governmental organizations;
- Takes note with interest of the report of the expert,
member of the Working Group and responsible for the
special process dealing with the problem of missing
persons in the territory of the former Yugoslavia
(E/CN.4/1995/37);
- Decides to extend for a three-year period the mandate of
the Working Group, composed of five independent experts,
in order to enable it to take into consideration all such
information concerning enforced, involuntary or arbitrary
disappearances, as may be communicated to it on cases
brought to its attention, while maintaining the principle
of the submission of annual reports;
- Requests the Working Group to report on its work to the
Commission at its fifty-second session and to continue to
discharge its mandate discreetly and conscientiously;
- Requests once more the Secretary-General to ensure that
the Working Group receives all necessary assistance, in
particular the staff and resources it requires to perform
its functions, especially in carrying out missions,
following them up or holding sessions in countries that
would be prepared to receive it;
- Also requests the Secretary-General to keep the Working
Group and the Commission on Human Rights regularly
informed of the steps he takes for the widespread
dissemination and promotion of the Declaration on the
Protection of All Persons from Enforced Disappearance.
53rd meeting, 3 March 1995
[Adopted without a vote]
(c) Copyright 1997
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland
Posted on 1999-01-01
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