FIDH Applauds the Adoption by the U.N. General Assembly of the "International Convention for the Protection of All Persons From Enforced Disappearance"

20/12/2006
Press release
en fr

On December 20, 2006, the United Nations General Assembly adopted the “International Convention for the Protection of All Persons from Enforced Disappearance”. This new instrument constitutes an invaluable tool to combat the impunity of authors of enforced disappearances. It establishes a set of mechanisms at the national and international levels that will enable States parties to prevent effectively enforced disappearances.

On this occasion, Sidiki Kaba, FIDH President, reiterates its tribute to the families of the disappeared: “they have inspired our actions and determination over many years. We also express our gratitude to the delegations that contributed to the adoption of the Convention and congratulate the chairman of the Working Group for his tenacity, commitment and tireless work on behalf of the victims of enforced disappearances”.

President Kaba further called for a prompt implementation of the Convention : “We strongly urge all Member States to ratify the Convention and promptly and fully adapt their national legislation to it.”

The Convention was drafted by a Working Group - to which FIDH was an active participant - established pursuant to resolution 2001/46 of the Commission on Human Rights. At its fifth session in September 2005, the Working Group agreed on the final draft text of the Convention. In June 2006, it was adopted by consensus by the newly-created Human Rights Council, at its very first session. On Wednesday December 20, 2006, the Convention will be adopted by the General Assembly, the main deliberative organ of the United Nations, where all Member States are represented.

The Convention, as the first international autonomous treaty on disappearances, represents an extremely important step forward in the fight against enforced disappearances and for the protection of victims and their families. FIDH is particularly satisfied with the following points:

 The Convention constitutes an invaluable tool in the fight against impunity for authors of enforced disappearances. By recognizing the right to truth, justice and reparation for victims and their families, the Convention constitutes a priceless advocacy instrument for human rights defenders.

 The Convention, firmly based on customary international law, is a major development in applicable international human rights law. The right not to be subjected to enforced disappearance is now confirmed, and States are required by the treaty to prohibit and criminalize this practice;

 The right of habeas corpus (to challenge before the courts the legality of one’s detention) is recognized as a non-derogable right. Secret detentions are prohibited by the Convention and so is the deprivation of liberty in non-officially recognized and supervised places;

 In certain circumstances, enforced disappearances can constitute a crime against humanity and therefore be subject to an international criminal prosecution;

 The Convention recognizes the right to truth and to reparation for victims and their family, as well as the right to form organizations and associations to fight against forced disappearances;

 The Convention is an autonomous treaty endowed with its own treaty-monitoring body, thereby guaranteeing the treaty’s effectiveness in the future;

 In addition to functions of monitoring and consideration of individual and inter-state complaints, the “Committee on Enforced Disappearances” will be granted a humanitarian urgent procedure, the power to undertake field inquiries and the ability to bring to the attention of the UN General Assembly situations of widespread and systematic practice of enforced disappearance.

Read more