Enforced disappearance refers to the arrest, detention or abduction of persons by agents of the State, or those acting with State authorization or support, whose whereabouts are unknown.
Once largely the product of military dictatorships, it has become a global problem, according to the UN, with hundreds of thousands of people “disappeared” in more than 80 countries. Impunity remains widespread.
While strictly prohibited under international human rights law, the SG, Mr. Guterres said enforced disappearance continues to be used across the world as a method of repression, terror, and stifling dissent.
“Paradoxically, it is sometimes used under the pretext of countering crime or terrorism. Lawyers, witnesses, political opposition, and human rights defenders are particularly at risk,” he added.
Having been removed from the protection of the law, victims, who can include children, are deprived of all their rights and are at the mercy of their captors.
They are frequently tortured and know that it is unlikely anyone will come to their aid. Some are even killed.
“Enforced disappearance deprives families and communities of the right to know the truth about their loved ones, of accountability, justice and reparation,” the Secretary-General said.
“The COVID-19 pandemic has added to the agony and anguish of enforced disappearance, by limiting capacities to search for missing persons and investigate alleged enforced disappearance.”
It was established by the UN General Assembly, which adopted a resolution in December 2010 expressing deep concern about the rise in incidents in various regions, and increasing reports of harassment, ill-treatment and intimidation of witnesses of disappearances, or relatives of people who were disappeared.
The resolution also welcomed the adoption of the International Convention for the Protection of All Persons from Enforced Disappearance, which calls for countries to take measures to hold perpetrators criminally responsible.
“The Convention for the Protection of all Persons against Enforced Disappearances is indispensable in helping to tackle this cowardly practice. But it requires the will and commitment of those with the power to do so,” the Secretary-General said. “States must fulfil their obligations to prevent enforced disappearance, to search for the victims, and to investigate, prosecute and punish the perpetrators.”
Mr. Guterres reiterated his call for countries to ratify the Convention, and to work with the UN Committee that monitors its implementation, as well as the Working Group on Enforced Disappearances, which assists families in determining the fate of their loved ones.
On this day Amnesty International, Human Rights Watch and the International Commission of Jurists (ICJ) issued a statement that the government of Nepal should promptly enforce Supreme Court rulings and permit the regular courts to try cases of enforced disappearance and other grave international crimes. On the International Day of the Victims of Enforced Disappearances, August 30, 2021, thousands of Nepali families are no closer to knowing the truth of what happened to their missing loved ones than they were when the country’s armed conflict ended 15 years ago.
Nepal’s Supreme Court has repeatedly ordered the government to investigate gross violations of human rights and international humanitarian law during the conflict from 1996 to 2006, and to conduct a meaningful, effective transitional justice process to establish the truth and provide justice for thousands of cases of serious abuses.
“The Nepali government stands in blatant violation of express orders of the Supreme Court by failing to conduct a credible, timely transitional justice process,” said Mandira Sharma, senior legal adviser for South Asia at the ICJ.
The International Day of the Victims of Enforced Disappearances
https://www.hrw.org/news/2021/08/30/nepal-stop-stalling-enforced-disappearance-inquiries
This post was originally published on Hans Thoolen on Human Rights Defenders and their awards.
