Enforced or Involuntary Disappearances

A/HRC/RES/7/12No PDF available

Who created this mandate?

A Resolution of the General Assembly, published in 2008.

What other versions does this mandate have?

9 versions · 2008–2023

This is an older version — the most recent is A/HRC/RES/54/14

2023A/HRC/RES/54/14Enforced or involuntary disappearancesLatestCompare with previous version
2020A/HRC/RES/45/3Enforced or involuntary disappearancesCompare with previous version
2017A/HRC/RES/36/6Enforced or involuntary disappearancesCompare with previous version
2014A/HRC/RES/27/1Enforced or involuntary disappearancesCompare with previous version
2012A/HRC/RES/21/4Enforced or involuntary disappearancesCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What does this mandate say?

42 operative paragraphs

Takes note of the report submitted by the Working Group on Enforced or Involuntary Disappearances (A/HRC/7/2) and of the recommendations contained therein;

Decides to extend the mandate of the Working Group for a further period of three years, and encourages it, in fulfilling its mandate:

To promote communication between families of disappeared persons and the Governments concerned, particularly when ordinary channels have failed, 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;

To observe, in its humanitarian task, United Nations standards and practices regarding the handling of communications and the consideration of Government replies;

To consider the question of impunity in the light of the relevant provisions of the Declaration on the Protection of All Persons from Enforced Disappearances, and having in mind the set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1/annex II, and E/CN.4/2005/102/Add.1);

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;

To pay particular attention to cases transmitted to it that are most urgent from a humanitarian perspective and that refer to ill-treatment, serious threatening or intimidation of witnesses of enforced or involuntary disappearances or relatives of disappeared persons;

To pay particular attention to cases of disappearance of persons working for the promotion and protection of human rights and fundamental freedoms, wherever they occur, and to make appropriate recommendations for preventing such disappearances and improving the protection of such persons;

To apply a gender perspective in its reporting process, including in information collection and the formulation of recommendations;

To provide appropriate assistance in the implementation by States of the Declaration and of the existing international rules;

To continue its deliberations on its working methods and to include these aspects in its reporting process to the Council;

To submit a regular report on the implementation of its mandate to the Council in accordance with its annual programme of work;

Calls on Governments that have not provided for a long period of time substantive replies concerning claims of enforced disappearances in their countries to do so and to give due consideration to relevant recommendations concerning this issue made by the Working Group in their reports;

Urges States:

To promote and give full effect to the Declaration on the Protection of All Persons from Enforced Disappearances;

To cooperate with the Working Group and help it to carry out its mandate effectively and, in that framework, give serious consideration to requests for visits to their countries;

To prevent the occurrence of enforced disappearances, including by guaranteeing that any person deprived of liberty is held solely in officially recognized and supervised places of detention, guaranteeing access to all places of detention by authorities and institutions whose competence in this regard has been recognized by the concerned State, maintaining official, accessible, up-to-date registers and/or records of detainees, and ensuring that detainees are brought before a judicial authority promptly after detention;

To work to eradicate the culture of impunity for the perpetrators of enforced disappearances and to elucidate cases of enforced disappearances as crucial steps in effective prevention;

To prevent and investigate with special attention cases of enforced disappearance of persons belonging to vulnerable groups, especially children, and to bring the perpetrators of these enforced disappearances to justice;

To take steps to provide adequate protection to witnesses of enforced or involuntary disappearances, human rights defenders acting against enforced disappearances and the lawyers and families of disappeared persons against any intimidation or ill-treatment to which they might be subjected;

Urges the Governments concerned:

To intensify their cooperation with the Working Group on any action taken pursuant to recommendations addressed to them by the Working Group;

To continue their efforts to elucidate the fate of disappeared persons and to ensure that competent authorities in charge of investigation and prosecution are provided with adequate means and resources to resolve cases and bring perpetrators to justice;

To make provisions in their legal systems for victims of enforced or involuntary disappearances or their families to seek fair, prompt and adequate reparation and, in addition, where appropriate, to consider symbolic measures recognizing the suffering of victims and restoring their dignity and reputation;

To address the specific needs of the families of disappeared persons;

Reminds States that:

As proclaimed in article 2 of the Declaration on the Protection of All Persons from Enforced Disappearances, no State shall practise, permit or tolerate enforced disappearances;

All acts of enforced or involuntary disappearance are crimes punishable by appropriate penalties, which should take due account of their extreme seriousness under criminal law;

They should ensure that their competent authorities proceed immediately to conduct impartial inquiries in all circumstances where there is reason to believe that an enforced disappearance has occurred in territory under their jurisdiction;

If there is reason to believe that an enforced disappearance has occurred in territory under their jurisdiction, all the perpetrators of that disappearance must be brought to justice;

Impunity is simultaneously one of the underlying causes of enforced disappearances and a major obstacle to the elucidation of such cases;

As proclaimed in article 11 of the Declaration, all persons deprived of liberty must be released in a manner permitting reliable verification that they have actually been released and, further, have been released in conditions in which their physical integrity and ability fully to exercise their rights are assured;

Expresses:

Its thanks to the many Governments that have cooperated with the Working Group and replied to its requests for information and to the Governments that have accepted visits of the Working Group to their countries, requesting them to give all necessary attention to the Working Group’s recommendations and inviting them to inform the Working Group of any action they take on those recommendations;

Its appreciation to the Governments that are investigating, cooperating at the international and bilateral levels, and have developed or are developing appropriate mechanisms to investigate any claims of enforced disappearance that are brought to their attention, and encourages all Governments concerned to expand their efforts in this area;

Invites States to take legislative, administrative, legal and other steps, including when a state of emergency has been declared, at the national and regional levels and in cooperation with the United Nations, if appropriate through technical assistance, and to provide the Working Group with concrete information on the measures taken and the obstacles encountered in preventing enforced and involuntary disappearances and in giving effect to the principles set forth in the Declaration;

Takes note of the assistance provided to the Working Group by non-governmental organizations and their activities in support of the implementation of the Declaration, and invites those organizations to continue their cooperation;

Requests the Secretary-General to continue:

To ensure that the Working Group receives all the assistance and resources it requires to perform its functions, including supporting the principles of the Declaration, carrying out and following up on missions and holding sessions in countries that are prepared to receive it;

To provide the resources needed to update the database on cases of enforced disappearance;

To keep the Working Group and the Council regularly informed of the steps taken for the wide dissemination and promotion of the Declaration;

Decides to continue consideration of the matter in accordance with its programme of work.

Paragraph content is machine-extracted from UN documents. For authoritative content, please refer to the official UN document.

No headings found in this document.

Enforced or Involuntary Disappearances

Who created this mandate?

What other versions does this mandate have?

What subjects does this mandate have?

What does this mandate say?

Table of contents