Question of enforced disappearances.

Question of enforced disappearances

Commission on Human Rights resolution 1995/38

1. Expresses its appreciation to the Working Group on Enforced or Involuntary Disappearances for the way in which it is performing its task, and thanks it for submitting a report to the Commission in accordance with resolution 1994/39 of 4 March 1994;

2. Takes note of the report of the Working Group (E/CN.4/1995/36);

3. Encourages the Working Group, in its efforts to help to eliminate the practice of enforced disappearances, to submit to the Commission all information it deems necessary and any specific recommendations it may wish to make regarding the fulfilment of its task;

4. Notes that the primary role of the Working Group, as described in its reports, is to act as a channel of communication between families of the disappeared persons and the Governments concerned, with a view to ensuring that sufficiently documented and clearly identified individual cases are investigated and to ascertain whether such information falls under its mandate and contains the required elements;

5. Reminds the Working Group of the need to observe, in its humanitarian task, United Nations standards and practices regarding the handling of communications and the consideration of government replies;

6. Deplores the fact that, as the Working Group stresses in paragraph 440 of its report, some Governments have never provided substantive replies concerning enforced disappearances alleged to have occurred in their countries, nor acted on the recommendations concerning them made in the reports of the Working Group;

7. Urges the Governments concerned, particularly those which have not yet responded to communications transmitted to them by the Working Group, to take action as rapidly as possible concerning these communications, to cooperate with and assist the Working Group so that it may carry out its mandate effectively, and in particular to reply expeditiously to its requests for information;

8. Also urges the Governments concerned to intensify their cooperation with the Working Group on any action taken pursuant to recommendations addressed to them by the Working Group;

9. Once again urges Governments to take steps to protect the families of disappeared persons against any intimidation or ill-treatment to which they might be subjected;

10. Encourages Governments to give serious consideration to inviting the Working Group to visit their countries so as to enable the Working Group to fulfil its mandate even more effectively;

11. Urges Governments to take steps to ensure that, when a state of emergency is introduced, the protection of human rights is guaranteed, particularly as regards the prevention of enforced disappearances;

12. Reminds Governments of the need to ensure that their competent authorities conduct prompt and impartial inquiries in all circumstances whenever there is reason to believe that an enforced disappearance has occurred in a territory under their jurisdiction;

13. Recalls that, if allegations are confirmed, the perpetrators should be prosecuted;

14. Expresses its profound thanks to the many Governments that have cooperated with the Working Group and replied to its requests for information, and to the Governments that have invited the Working Group to visit their countries, asks them to give all necessary attention to the Working Group's recommendations, and invites them to inform the Working Group of any action they take on those recommendations;

15. Commends in particular the efforts of Governments which investigate and/or develop appropriate mechanisms to investigate any cases of enforced disappearance which are brought to their attention, and encourages all the Governments concerned to expand their efforts in this area;

16. Invites States, taking into account the conclusions of the Working Group, to consider taking effective measures, including if appropriate legislative measures, to implement the principles of the Declaration on the Protection of All Persons from Enforced Disappearance;

17. Invites, in this connection, all Governments to take appropriate legislative or other steps to prevent and punish the practice of enforced disappearance, in keeping with the Declaration, and to take action at the national and regional levels and in cooperation with the United Nations, if appropriate through technical assistance;

18. Recalls that all acts of enforced disappearance are offences punishable by appropriate penalties which take into account their extreme seriousness under criminal law;

19. Encourages States to provide concrete information, as some have already done, on measures taken to give effect to the Declaration, as well as obstacles encountered;

20. Again invites the Working Group to identify obstacles to the realization of the Declaration, to recommend ways of overcoming those obstacles and to pursue in this respect its dialogue with Governments and institutions concerned;

21. Notes that the Working Group, in conformity with paragraph 17 of resolution 1994/39, has undertaken to revise its working methods, in particular the presentation of its report, taking into account the provisions of the Declaration;

22. Invites the Working Group to continue to consider the question of impunity, in close collaboration with the rapporteurs appointed by the Subcommission on Prevention of Discrimination and Protection of Minorities and with due regard for the relevant provisions of the Declaration;

23. Requests the Working Group to pay particular attention to cases of children subjected to enforced disappearance and children of disappeared persons and to cooperate closely with the Governments concerned to search for and identify these children;

24. Notes the activities of non-governmental organizations to support the implementation of the Declaration and invites them to continue to facilitate its dissemination and to contribute to the work of the Subcommission on Prevention of Discrimination and Protection of Minorities;

25. Takes note of the cooperation provided to the Working Group by non-governmental organizations;

26. Takes note with interest of the report of the expert, member of the Working Group and responsible for the special process dealing with the problem of missing persons in the territory of the former Yugoslavia (E/CN.4/1995/37);

27. Decides to extend for a three-year period the mandate of the Working Group, composed of five independent experts, in order to enable it to take into consideration all such information concerning enforced, involuntary or arbitrary disappearances, as may be communicated to it on cases brought to its attention, while maintaining the principle of the submission of annual reports;

28. Requests the Working Group to report on its work to the Commission at its fifty-second session and to continue to discharge its mandate discreetly and conscientiously;

29. Requests once more the Secretary-General to ensure that the Working Group receives all necessary assistance, in particular the staff and resources it requires to perform its functions, especially in carrying out missions, following them up or holding sessions in countries that would be prepared to receive it;

30. Also requests the Secretary-General to keep the Working Group and the Commission on Human Rights regularly informed of the steps he takes for the widespread dissemination and promotion of the Declaration on the Protection of All Persons from Enforced Disappearance.