Question of enforced disappearances
Commission on Human Rights resolution 1996/30
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, 1994/39 of
5 March 1994 and 1995/38 of 3 March 1995,
Recalling also General Assembly resolution 47/133 of 18
December 1992, by which the 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 49/193 of 23
December 1994,
Deeply concerned about 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 1995/75 of 8 March 1995 on co-operation
with representatives of United Nations human rights organs,
Having examined the report of the Working Group
(E/CN.4/1996/38) and also the report of the expert member of the
Working Group responsible for the special operation on missing
persons in the territory of the former Yugoslavia
(E/CN.4/1996/36),
- 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
its resolution 1995/38 of 3 March 1995;
- Takes note of the report of the Working Group;
- 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;
- Stresses the need for the Working Group to apply gender
perspective in its reporting process, including in
information collection and formulation of
recommendations;
- 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 some Governments have never
provided substantive replies concerning the cases of
enforced disappearances in their countries or acted on
the recommendations concerning them made in the reports
of the Working Group;
- 8. 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 cooperate 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 of enforced disappearances should be
prosecuted;
- Expresses its profound thanks to the many Governments
that have cooperated with the Working Group and replied
to its request 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 disappearances 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,
while considering the general comments of the Working
Group contained in paragraphs 43 to 58 of its report;
- Invites, in this connection, all Governments to take
action to this end 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;
- Invites the Working Group to continue to consider the
question of impunity, in close collaboration with the
rapporteurs appointed by the Sub-Commission 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 cooperate closely
with the Governments concerned in searching for and
identifying these children;
- Notes the activities of non-governmental organizations in
support of the implementation of the Declaration, and
invites them to continue to facilitate its dissemination
and to contribute to the work of the Sub-Commission 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 responsible for the special
process dealing with the problem of missing persons in
the territory of the former Yugoslavia (E/CN.4/1996/36);
- Requests the Working Group to report on its work to the
Commission at its fifty-third session and to continue to
discharge its mandate discreetly and conscientiously;
- Once more requests the Secretary-General to ensure that
the Working Group receives all the assistance and
resources it requires to perform its function, especially
in carrying out missions, following them up or holding
sessions in countries that would be prepared to receive
it;
- Once more 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 and to compile observations, if any, from
Governments on the possible measures they have taken,
where appropriate, to take the Declaration into account.
51st meeting, 19 April 1996
[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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