UN Convention against Enforced Disappearances
The UN Convention against Enforced Disappearance (Original Title ger. International Convention for the Protection of All Persons from Enforced Disappearance , dt. International Convention for the Protection of All Persons from Enforced Disappearance ) requires States Parties
“ To prohibit the disappearance of persons through legislation and make it a criminal offense. In addition, obligations are imposed on them for the purpose of prevention: secret detention is forbidden, imprisonment may only take place in officially recognized and monitored institutions in which all prisoners are registered, the absolute right to habeas corpus (the right of every prisoner, the constitutional or legality of his Appealing arrest in court) is guaranteed, as well as the right to obtain information about prisoners. The convention also ensures the right to truth and restitution for victims and their relatives, as well as the right to form associations and organizations to combat enforced disappearance. The Convention also regulates the illegal kidnapping of children whose parents have been the victims of the enforced disappearance practice, as well as the forging of the identity of these children and their adoption. "
The Convention is designed as a legally binding instrument against enforced disappearances: according to Article 1, no one should be a victim of such a practice.
The convention does not provide for any exceptional situations: Neither war, danger of war, political instability nor any other state of public emergency may be used to justify the disappearance of persons.
Definition of the term "disappearance"
“Enforced disappearance” means the arrest, detention, kidnapping or any other form of deprivation of liberty by state agents or by any person or group of people who act with the permission, support or tolerance ( acceptance ) of the state, followed by a refusal to confirm the imprisonment or to conceal the fate or whereabouts of the disappeared person, which deprives the person concerned of any legal protection (Article 2). "
Obligations of the contracting states
“The contracting states are obliged to prohibit the disappearance of persons through legislation and to make it a criminal offense. In addition, obligations are imposed on them for the purpose of prevention: secret detention is forbidden, imprisonment may only take place in officially recognized and monitored institutions in which all prisoners are registered, the absolute right to habeas corpus (the right of every prisoner, the constitutional or legality of his Appealing arrest in court) is guaranteed, as well as the right to obtain information about prisoners. The convention also ensures the right to truth and restitution for victims and their relatives, as well as the right to form associations and organizations to combat enforced disappearance. The Convention also regulates the illegal kidnapping of children whose parents have been the victims of the enforced disappearance practice, as well as the forging of the identity of these children and their adoption. "
history
The enforced disappearance debate has its origins in the Latin American human rights movement and its confrontation with the crimes of the right-wing military dictatorships. After the end of the military dictatorships in Chile or Argentina , for example , human rights activists demanded clarification about the whereabouts of the people who disappeared during the dictatorship ( Desaparecidos ).
In 1980 the UN Human Rights Commission set up a working group to tackle the problem of missing and disappeared people. In 1992 the UN General Assembly issued a declaration on the protection of all persons against enforced disappearances; In 2002 the Human Rights Commission entrusted a working group with the preparation of a draft convention. In September 2005 the working group fulfilled its mandate by handing over a draft to the Human Rights Commission. The Human Rights Council met for the first time in June 2006; He unanimously approved the draft and referred it to the General Assembly, which approved the draft Convention on December 20, 2006. The convention was passed by the UN General Assembly on December 20, 2006 and entered into force on December 23, 2010.
The UN Convention against Enforced Disappearances is thus the result of more than 30 years of efforts by relatives of the disappeared and human rights experts to implement a new criminal offense in international law.
Ratification status
On August 30, 2019, the treaty, most recently by the Dominican Republic , was signed by a total of 98 states and ratified by 61.
Control body UN committee
A monitoring committee was set up by the UN to review the implementation of the agreed rights and obligations. The Committee on Enforced Disappearances (CED) has extensive competencies and, in addition to receiving individual complaints (Art. 31) and State complaints (Art. 32), also knows an urgent procedure and is authorized to carry out field investigations, provided that the contracting states in ratifying the relevant competence of the committee agreed. He can also bring incidents of widespread and systematic disappearances to the UN General Assembly. The committee is empowered to recommend urgent action. In certain circumstances, enforced disappearances can be considered a crime against humanity and lead to international prosecution. The organs of the United Nations are at the disposal of the international community.
| Surname | country | Until on |
|---|---|---|
| Mr. Mohammed AYAT |
 Morocco
|
06/30/21 |
| Mr. Santiago CORCUERA CABEZUT |
 Mexico
|
06/30/17 |
| Mr. Emmanuel DECAUX |
 France
|
06/30/19 |
| Maria Clara GALVIS PATINO |
 Colombia
|
06/30/19 |
| Mr. Daniel FIGALLO RIVADENEYRA |
 Peru
|
06/30/19 |
| Mr. Rainer HUHLE |
 Germany
|
06/30/19 |
| Ms. Suela JANINA |
 Albania
|
06/30/19 |
| Mr. Juan José LÓPEZ ORTEGA |
 Spain
|
06/30/17 |
| Mr. Kimio YAKUSHIJI |
 Japan
|
06/30/17 |
See also
Individual evidence
- ↑ humanrights.ch (June 10, 2011)
- ↑ humanrights.ch (June 10, 2011)
- ↑ humanrights.ch (June 10, 2011)
- ↑ Sylvia Karl: Convention against Enforced Disappearances. In: Sources on the history of human rights. Working Group on Human Rights in the 20th Century, May 2015, accessed on January 11, 2017 .
- ↑ Sylvia Karl: Convention against Enforced Disappearances. In: Sources on the history of human rights. Working Group on Human Rights in the 20th Century, May 2015, accessed on January 11, 2017 .
- ↑ Status of the ratification , in: UN Treaty collection - UNTC , accessed on October 24, 2018
- ↑ UNO CED Committee, engl.
- ↑ humanrights.ch (June 10, 2011)
- ^ Members of the committee . Retrieved June 8, 2017.
Web links
- Contract text: International Convention for the Protection of All Persons from Enforced Disappearance (PDF, 690 KB)
- UN High Commissioner for Human Rights ( UNHCHR ; also in Arabic, Chinese, French, Russian and Spanish (10 June 2011)
- [1] as above: Working Group on Enforced or Involuntary Disappearances , information on the procedure for reporting in the event of a disappearance, as well as the mandate of the (UN) working group, reports on its activities and resolutions of the General Assembly and the Human Rights Commission a reference to the fight against enforced disappearances (June 10, 2011)
- unhchr.ch, United Nations Press Release, August 30, 2006: UN Working Group reiterates solidarity with disapperaed persons
- Press release of the UN working group on International Day of the Disappeared (June 10, 2011)
- Convention against Enforced Disappearances ( Memento of June 2, 2011 in the Internet Archive ) (June 10, 2011))
- Sylvia Karl: Convention against Enforced Disappearances , in: Sources for the History of Human Rights, published by the Working Group on Human Rights in the 20th Century, May 2015, accessed on January 11, 2017.