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Report on the International Day of Victims of Enforced Disappearance

Report on the International Day of Victims of Enforced Disappearance
Appeal by the International Organization for Human Rights and International Law to stop all abductions and enforced disappearances in all the world because they are international criminal crimes against humanity, they require accountability and trial.

According to the United Nations:

• Enforced disappearance is frequently used as a strategic method of spreading terror within society. The sense of insecurity generated by this practice is not confined to relatives of the invisible, but affects their local populations and society as a whole. Enforced disappearance has become a global problem and is no longer the preserve of a particular region of the world.
• This phenomenon was once the product of mainly military dictatorships. Today, enforced disappearance can occur in complex circumstances of an internal conflict, or in particular be used as a means of political pressure on adversaries.
The United Nations General Assembly decided to adopt August 30 as the International Day of Victims of Enforced Disappearance, which has been celebrated since 2011. It is celebrated by talking about victims, and working to reveal their fate, by explaining and clarifying the provisions of the Declaration on the Protection of All Persons from Enforced Disappearance according to UN Secretary-General Antonio Guterresh on 30 August 2019 in his message on the occasion of the International Day of Victims of Enforced Disappearance where he said: “Enforced disappearance can be misunderstood as a thing of the past, but many of its cases remain unresolved and new ones continue to arise. The Committee and the Working Group on Enforced Disappearances, the two principal United Nations mechanisms established to deal with this issue, receive new cases daily, many in the context of combating organized crime and terrorism. Without due regard for assets and guarantees, the probability of abuses in the criminal justice system is greatly increased, when these abuses are associated with a culture of impunity, it can also increase the likelihood of enforced disappearances. ”

He stressed that: “Steps towards accountability can help in healing. Successful prosecutions in cases of enforced disappearance have contributed to uncovering truth, justice and deterring the recurrence of such atrocities. These cases confirm that it is possible to put an end to this appalling practice. ” The Secretary-General recommended: “We must also increase our efforts to protect human rights defenders, environmentalists, journalists and leaders of social movements.” Women are particularly vulnerable.

I call on States to do more to prevent enforced disappearances and bring those responsible to justice. To this end, I call on countries to cooperate fully with United Nations mechanisms. I also urge all States that have not yet done so to sign, ratify or accede to the International Convention for the Protection of All Persons from Enforced Disappearance.
On this International Day, let us pledge to do more together to put an end to this grave violation of human rights. ”
A legal-Human Rights Approach is a must:
Adopted by the United Nations General Assembly in its resolution 133/47 of 18 December 1992, Declaration on the Protection of All Persons from Enforced Disappearance, as a set of principles applicable to all States, enforced disappearance occurs when people are “arrested, detained, abducted against their will or otherwise deprived of their liberty by officials from different branches or levels of government or by an organized group, or private individuals acting on behalf or with the support of the Government, directly or indirectly, or with their consent or acceptance, then refusing to disclose the fate of the persons concerned or their whereabouts or refusal to recognize their deprivation of liberty, depriving them of the protection of the law. ''
Rights violated during enforced disappearance:

1. The following civil or political rights:
• The right of the individual to recognize his or her legal personality;
• The right to liberty and security of person;
• The right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment;
• The right to life, in cases where the disappeared person is killed;
• The right to identity;
• The right to a fair trial and judicial guarantees;
• The right to an effective remedy, including redress and compensation;
• The right to know the truth regarding the circumstances of the disappearance.
2. Economic, social and cultural rights of victims and their families alike:
• The right to provide protection and assistance to the family;
• The right to an adequate standard of living;
• The right to health;
• The right to education.

The text of both:
• The Rome Statute of the International Criminal Court, which entered into force on 1 July 2002,
• The International Convention for the Protection of Persons from Enforced Disappearance, adopted by the General Assembly on 20 December 2006, On: When it commits or carries out any widespread or systematic attack directed against any civilian population, and cases of "enforced disappearance", it is described as a crime against humanity and is therefore not subject to the statute of limitations. In addition, it gives the families of the victims the right to seek compensation and to demand the truth about the disappearance of their loved ones. And the International Criminal Court has the competence to investigate and prosecute anyone responsible for crimes against humanity.
About the United Nations Convention on Enforced Disappearance:

The Convention is the first universal treaty to define and prohibit enforced disappearance. The Convention covers the following four main aspects:
• Combating Impunity
• Preventive measures to prevent the disappearance of persons,
• Rights of victims
• Entry into force after the establishment of an international committee of ten independent experts to monitor compliance with the Convention.
The added value of the Convention to other existing international legal instruments
1) It is the first convention that explicitly prohibits enforced disappearance. To date, enforced disappearance has been seen as a violation of only certain treaty rights, such as freedom from torture, the right to liberty or the right to life. But enforced disappearance outweighs all these different aspects. It has a specific aspect of deprivation, like depriving families of access to information about their parents. The Convention recognizes this aspect because it considers enforced disappearance a violation of a right in itself. In addition, the text of the Convention addresses a number of new binding rules that were not previously contained in any human rights treaty.
2) No international treaty on the ground can help to implement human rights unless they are in force at the level of national law and practice and when they come into force by ratification and implementation. This means that States must enact national legislative texts so that they have the legal tools to implement the Convention. Include enforced disappearance as a crime in national law in order to prosecute the perpetrators. Practical measures, such as the provision of the necessary training for its staff and, more importantly, the perpetrators of the crime should be brought to justice on a regular basis. This requires political will. The Convention is an objective international legal standard designed to help establish a basis for combating enforced disappearance when there is political will.

Working Group and Committee on Enforced Disappearance
In 2003 the Commission on Human Rights decided to establish an open-ended inter-sessional working group tasked with drafting a legally binding regulatory instrument for the protection of all persons from enforced disappearance. Over the course of the three-year negotiation process, more than 70 States participated, as well as numerous non-governmental organizations, family associations of disappeared persons and experts. The International Convention for the Protection of All Persons from Enforced Disappearance was adopted by the Human Rights Council during its first session in June 2006 and adopted by the General Assembly in December of the same year. On 6 February 2007, the historic process of opening the Convention for signature in Paris was signed by 57 countries. The Convention affirms that enforced disappearance constitutes a crime against humanity when it is practiced on a large scale or in a systematic manner. The Convention creates an obligation for States to punish the offense of enforced disappearance with appropriate and grave sanctions. The International Convention entered into force on 23 December 2010, with which the Committee on Enforced Disappearances was established.
As with many other thematic human rights issues, the Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances co-exist and, where possible, cooperate with States in their struggle against enforced disappearance. Such cooperation would take into account that, while the competence of the Committee was limited to States that had ratified the Convention, the Working Group could consider the situation of all countries. While the Committee will be competent to deal with enforced disappearances that occurred after the entry into force of the Convention, the Working Group may examine all cases that have occurred beforehand.

The Committee on Enforced Disappearances is the body of independent experts that monitors the implementation of the Convention by States parties.

• All States parties are under an obligation to report to the Committee on how the rights are enforced. States must report within two years of ratifying the Convention. The Committee examines each report and communicates its concerns and recommendations to the State party in the form of “concluding observations”.
• In accordance with article 31, each State Party may, at the time of ratification of the present Convention or at any time thereafter, declare that it recognizes the competence of the Committee to receive and consider communications from individuals under its jurisdiction or on behalf of individuals within its jurisdiction who complain that they are victims of a violation of this Convention. The State party to the provisions of this Convention. In addition to the reporting procedure, article 32 of the Convention provides that the Committee shall consider complaints between States.
• The Committee meets in Geneva and holds two sessions each year.
Working Group on Enforced or Involuntary Disappearances
• By resolution 20 (D-36) of 29 February 1980, the Commission on Human Rights decided to "establish, for one year, a five-member working group to serve as experts in their own capacity to study issues relevant to enforced or involuntary disappearances". The mandate of the Working Group has since been renewed annually by the Commission with the approval of the Economic and Social Council.
• This has been done every two years since 1986, and once every three years since 1992. In 2011, the Human Rights Council adopted the latest resolution renewing the mandate of the Working Group, A / HRC / 16/16. The primary mandate of the Working Group is to assist relatives of disappeared persons to ascertain the fate and whereabouts of their disappeared family members. To that end, the Panel receives and examines reports of disappearances submitted by relatives of disappeared persons or human rights organizations acting on their behalf. Having determined whether the report complies with a number of criteria, the Panel refers individual cases to the Governments concerned, requesting them to carry out investigations and to inform the Working Group of the findings.
• The Working Group addresses several individual cases of human rights violations on a purely humanitarian basis, regardless of whether the Government concerned has ratified any of the existing legal instruments providing for individual complaints. The Group acts primarily as a channel of communication between the families of disappeared persons and Governments and has succeeded in establishing a dialogue with the majority of Governments concerned with a view to resolving disappearances.
• With the adoption by the General Assembly of the Declaration on the Protection of All Persons from Enforced Disappearance, the Working Group was also mandated, starting in 1992, in addition to its core mandate, to monitor the progress made by States in fulfilling their obligations deriving from the Declaration and to provide Governments with assistance in its implementation. The Working Group draws the attention of Governments and non-governmental organizations to the various aspects of the Declaration and recommends ways to overcome obstacles to the implementation of its provisions. As such, the Working Group has a preventive role to play by assisting States to overcome obstacles to the implementation of the Declaration. This is done through both country visits and advisory services when requested
What action is being taken by the Working Group on Enforced or Involuntary Disappearances?
1- Urgent Actions:
2- Urgent Appeals:
3- Normal procedures:
4- Immediate intervention:
5- General allegations:
6- Cooperation with other mechanisms:
The tragic effects of enforced disappearance
1) The victims themselves
2) Relatives and friends of the victims
3) Women:
4) Children:
5) the society

Section Tow
We in the International Organization for Human Rights and International Law, and from our principled and humanitarian position, we condemn and denounce all incidents of abduction and enforced disappearance of persons, whether those who have been released or who are still missing and unaccounted for, we believe that their continued disappearance and interruption of communication with them and not knowing anything about their fate constitutes a clear threat to their lives, and we demand the disclosure of their fate, as well as the immediate and unconditional release of them, if they are held by any government or non-governmental entity. Considering that all abductions and enforced disappearances against persons are inhuman, condemned and condemned, and we express our deep concern for their fate,
At the International Organization for Human Rights and International Law, we declare our solidarity with the families and families of the victims of enforced disappearance, and call on all regional and international bodies concerned to defend human rights. To intervene and pressure the governments of countries in which enforced disappearances are carried out, and their collaborators to stop all forced detention, abductions and enforced disappearances, and to desist from these inhumane practices outside humanitarian law and international humanitarian law, It constitutes a flagrant violation of the fundamental rights and freedoms guaranteed by all relevant international conventions and agreements. In particular, the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights, public international law and international human rights law, and where the right to life and its preservation are considered to be public order in international human rights law, They are also considered to be natural human rights, and it is not permissible to agree to violate them, because they are a general rule. Therefore, kidnapping and enforced disappearance, these are international criminal crimes against humanity, which require accountability and trial.
Female and male human beings were subjected to enforced disappearances, some of them are still unaccounted for many years, by government bodies, which institutionalized this arbitrary practice, and States hide the fate and whereabouts of missing persons, or armed non-governmental actors that deny the existence of people and hide them without knowing their fate, in the Middle East, there are thousands of people who have been subjected to enforced disappearance, some of whom remain unaccounted for, especially in countries that have suffered from internal conflicts, whether in Syria, Lebanon, Iraq, Yemen, Bahrain, Egypt, Sudan, Libya, Morocco and Algeria, In addition to most of the countries in Africa such as Liberia, Uganda, Zimbabwe, Mali, Senegal, Nigeria or in Asian countries, such as Turkey, Iran, the Philippines, Vietnam, North Korea, Burma, Afghanistan, Pakistan, Bangladesh, Indonesia and the Union of Myanmar "Burma" , Or in American countries such as Mexico, Nicaragua, Venezuela, Honduras, Haiti, Cuba, Colombia, Peru, Chile, Argentina and Brazil, in addition to the enforced disappearances that occurred in the former Yugoslavia. The continued abduction and enforced disappearance of persons, and their incommunicado detention, constitute a flagrant violation of fundamental rights and freedoms, inconsistent with all domestic, regional and international laws, charters and treaties on the protection of human rights, in particular article 10 of the Universal Declaration of Human Rights of the United Nations in 1948, and Article (1, 14, 5 and 14) of the 1966 International Covenant on Civil and Political Rights.

We appeal urgently to all those concerned with the defense of human rights regionally and internationally, and to the International Red Cross and United Nations bodies, to work quickly and urgently to disclose their fate and release them immediately and unconditionally, as their abduction and enforced disappearance constitute a flagrant violation of all laws and charters. And local, regional and international treaties on the protection of human rights.

We believe that their continued detention poses a serious threat to their lives, and constitutes a flagrant violation of the obligations of the international community under the International Covenant on Civil and Political Rights, specifically articles (9, 14, 19, 21 and 22,) and the recommendations of the Human Rights Committee at its eighty-fourth session, July 2005, The 1907 Hague Regulations (in particular: Articles 42-56) and the provisions of the Fourth Geneva Convention (especially Articles 27-34, 47-78, 130-1134), In addition to some provisions of Additional first Protocol and customary international humanitarian law. And the provisions of the Third Geneva Convention (in particular Articles 4.6 and 1116-117-118-119) which protect all prisoners under international humanitarian law as long as they are under the authority of the occupier, and until they are released (Article 5 of the Third Geneva Convention and Article 6 of the Fourth Convention). The inhabitants of the occupied territory cannot be deprived of the protection afforded by international humanitarian law (art. 47 of the Fourth Geneva Convention) and protected persons themselves may not waive their rights under any circumstances (art. 8 of the Fourth Geneva Convention).
Although the crime of enforced disappearance and the repressive practices of individual and totalitarian regimes over the long years of authoritarian rule in most of the so-called Third World countries, they did not take their right to ask because of the prohibition and inviolability of speech, especially with the narrowing The screws on freedom of opinion and expression by all means and work to intimidate people and victims from talking about such an issue, so this file remained locked in drawers and prohibited circulation.

We therefore appeal to the international community to intervene and put pressure on the various governments with a record of enforced disappearances, with the following urgent demands:

• Immediately halt all forms of detention, abduction and enforced disappearance, whatever the justification, material or otherwise, and release all abductees and detainees unconditionally.
• Cease the hands of the police in various countries, and all armed parties cooperating with the occupation forces, to interfere in the lives of their citizens, by stopping their pursuit, abduction, detention and concealment without any trace, or to negotiate them in exchange for money or in exchange for kidnappers or other detainees The various conflicting parties, in countries of armed conflict.
• Immediately disclose the fate of the missing and declare who is alive or who has been killed and liquidated for political or non-political reasons.
• Work on building legal and legal files related to forcibly disappeared persons from different countries for referral to the International Criminal Court and identify those responsible for these crimes, whether governmental or non-governmental or belonging to radical organizations that practice violence and kidnapping for political or other reasons.
The report was finalized and released on 1 September 2019

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