Working Group on Enforced or Involuntary Disappearances

How to use the WGEID (PDF 24KB)

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Statement by UN Working Group on Enforced Disappearances on the occasion of the International Day of the Disappeared

UN Working Group on Enforced or Involuntary Disappearances concludes 85th session

UN Working Group on Enforced or Involuntary Disappearances concludes its official visit to Argentina

United Nations Expert Group deplores recent wave of disappearances in Sri Lanka

Report of the Working Group on enforced or involuntary disappearances

Extension of the mandate of the Working Group on Enforced or Involuntary Disappearances

New member of the Working Group on Enforced or Involuntary Disappearances

Press releases

United Nations Working Group to discuss hundreds of enforced or involuntary disappearances

Mandate

By resolution 20 (XXXVI) of 29 February 1980, the Commission on Human Rights decided to "establish for a period of one year a working group consisting of five of its members, to serve as experts in their individual capacities, to examine questions relevant to enforced or involuntary disappearances of persons". Since then, the mandate and terms of reference of the Working Group were renewed by the Commission and approved by the Economic and Social Council each year. Since 1986 this has been done biennially and, since 1992, on a three-yearly basis. The last resolution renewing the mandate of the Working Group, A/HRC/7/12, was adopted by Human Rights Council in 2008. The Working Group's basic mandate is to assist the relatives of disappeared persons to ascertain the fate and whereabouts of their disappeared family members. For this purpose the Group receives and examines reports of disappearances submitted by relatives of disappeared persons or human rights organizations acting on their behalf. After determining whether those reports comply with a number of criteria, the Working Group transmits individual cases to the Governments concerned, requesting them to carry out investigations and to inform the Working Group of the results. The Working Group deals with the numerous individual cases of human rights violations on a purely humanitarian basis, irrespective of whether the Government concerned has ratified any of the existing legal instruments which provide for an individual complaints procedure. It acts essentially as a channel of communication between the families of disappeared persons and Governments, and has successfully developed a dialogue with the majority of Governments concerned with the aim of solving cases of disappearance.

With the adoption by the General Assembly of the Declaration on the Protection of all Persons from Enforced Disappearances, starting as at 1992 and in addition to its core mandate, the Working Group was also entrusted with monitoring the progress of States in fulfilling their obligations deriving from the Declaration and to provide to Governments assistance in its implementation. The Working Group draws the attention of Governments and non-governmental organizations to different aspects of the Declaration and recommends ways of overcoming obstacles to the realization of its provisions. In this capacity, the Working Group has a preventive role, by assisting States in overcoming obstacles to the realization of the Declaration. This is done both while carrying out country visits and by providing advisory services, when requested.

Sessions and Annual Report

The Working Group holds three sessions during the year. The Group's meetings are held in private. During the session, the Working Group reviews newly-submitted cases of enforced disappearances and information on previously accepted cases. In addition, the Working Group reviews general allegations, based on information from non-governmental organizations concerning reported obstacles encountered in the implementation of the Declaration on the Protection of All Persons from Enforced Disappearance. The Working Group meets, during the first three days of each session, with NGOs and family members of the disappeared, as well as with representatives of governments to exchange views and information on the phenomenon of enforced disappearances. Following each session, the Working Group informs Governments, in writing, of decisions taken with regard to disappearances in their country. The WGEID reports annually to the Human Rights Council on its activities, informing also on its communications with governments and NGOs, its missions, all cases of disappearance received during the year, and the implementation of the 1992 Declaration.

Convention

The Commission on Human Rights decided in 2003 to establish an Inter-sessional Open-ended Working Group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance (ISWG). Throughout the three-year negotiation process, over 70 States, as well as numerous NGOs, associations of the families of the disappeared and experts participated in the sessions of the ISWG. The International Convention for the Protection of all Persons from Enforced Disappearances was adopted by the Human Rights Council during its first session in June 2006 and by the General Assembly in December of that same year. On 6 February 2007, the historic opening for signature of the Convention took place in Paris, where 57 countries signed it. The Convention will enter into force after 20 countries ratify it. The Convention affirms that enforced disappearances constitute a crime against humanity when practiced in a widespread or systematic manner. It creates an obligation for States to make the offence of enforced disappearance punishable by appropriate penalties which take into account its extreme seriousness. For an update on the status of ratification, please consult the link.