33/51 Report of the Working Group on Enforced or Involuntary Disappearances
Document Type: Final Report
Date: 2016 Jul
Session: 33rd Regular Session (2016 Sep)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.16-13019(E)
Human Rights Council Thirty-third session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Working Group on Enforced or Involuntary Disappearances*
Note by the Secretariat
The Working Group on Enforced or Involuntary Disappearances was established by
resolution 20 (XXXVI) of 29 February 1980 of the Commission on Human Rights. The
mandate was most recently extended by the Human Rights Council in its resolution 27/1 of
25 September 2014.
The mandate of the Working Group is to assist families of disappeared persons to
ascertain the fate and whereabouts of their disappeared relatives, to assist and monitor
States’ compliance with their obligations deriving from the Declaration on the Protection of
All Persons from Enforced Disappearance and to provide States with assistance in the
prevention and eradication of enforced disappearances.
Since its inception in 1980, the Working Group has transmitted a total of 55,273
cases to 107 States. The number of cases under active consideration stands at 44,159 in a
total of 91 States. During the reporting period, 161 cases were clarified.
The present report reflects the activities of and communications and cases examined
by the Working Group on Enforced or Involuntary Disappearances covering the period
16 May 2015 to 18 May 2016. It also includes a section with preliminary observations on
the issue of enforced disappearances in the context of migration.
* The annexes to the present report are circulated as received, in the language of submission only.
United Nations A/HRC/33/51
General Assembly
Report of the Working Group on Enforced or Involuntary Disappearances
Contents Page
I. Introduction ...................................................................................................................................... 3
II. Activities of the Working Group on Enforced or Involuntary Disappearances:
16 May 2015 to 18 May 2016 .......................................................................................................... 3
A. Activities .................................................................................................................................. 3
B. Meetings .................................................................................................................................. 4
C. Communications ...................................................................................................................... 4
D. Country visits ........................................................................................................................... 5
E. Follow-up reports and other procedures .................................................................................. 6
F. Press releases and statements ................................................................................................... 6
G. Enforced disappearance in the context of migration ................................................................ 8
III. Decisions on individual cases taken by the Working Group and communications
transmitted to the States concerned during the reporting period ...................................................... 14
IV. Observations ..................................................................................................................................... 19
V. Conclusions and recommendations .................................................................................................. 23
Annexes
I. Country visit requests and invitations extended ............................................................................... 26
II. Statistical summary: cases of enforced or involuntary disappearance reported to the
Working Group between 1980 and 2016, and general allegations transmitted ................................ 28
III. Graphs showing the number of cases of enforced disappearances per year and per country
according to the cases transmitted by the Working Group during the period
1980–18 May 2016 (only for countries with more than 100 cases transmitted) .............................. 33
I. Introduction
1. The Working Group on Enforced or Involuntary Disappearances was the first United
Nations human rights thematic mechanism to be established with a universal mandate, by
the Commission on Human Rights resolution 20 (XXXVI) of 29 February 1980. The
mandate was most recently extended by the Human Rights Council in its resolution 27/1 of
25 September 2014.
2. The primary task of the Working Group is to assist families in determining the fate
or whereabouts of their family members who are reportedly disappeared. In that
humanitarian capacity, the Working Group serves as a channel of communication between
family members of victims of enforced disappearance and other sources reporting cases of
disappearances, and the Governments concerned.
3. Following the adoption by the General Assembly of its resolution 47/133 and of the
Declaration on the Protection of All Persons from Enforced Disappearance, the Working
Group was entrusted with monitoring the progress of States in fulfilling their obligations
derived from the Declaration. The Human Rights Council, in its resolution 7/12,
encouraged the Working Group to provide assistance in the implementation by States of the
Declaration and of existing international rules.
4. The present report reflects the activities of and communications and cases examined
by the Working Group covering the period from 16 May 2015 to 18 May 2016. A summary
of the decisions on individual cases taken by the Working Group and communications
transmitted to the States concerned during the reporting period is presented in a table (see
sect. III).
5. Since its inception, the Working Group has transmitted a total of 55,273 cases to 107
States. The number of cases under active consideration that have not yet been clarified,
closed or discontinued stands at 44,159 in a total of 91 States. During the reporting period,
161 cases were clarified.
II. Activities of the Working Group on Enforced or Involuntary Disappearances: 16 May 2015 to 18 May 2016
A. Activities
6. During the period under review, the Working Group held three sessions: the 107th
session, from 14 to 18 September 2015; the 108th session, from 8 to 12 February 2016; and
the 109th session, from 9 to 18 May 2016. The 108th session was held in Rabat and the
other sessions were held in Geneva.
7. Post-sessional documents were adopted and published after the 107th
(A/HRC/WGEID/107/1); 108th (A/HRC/WGEID/108/1); and 109th (A/HRC/WGEID/109/1)
sessions. Those documents should be considered complements to the present annual report.
8. As from 18 September 2015, the Chair-Rapporteur of the Working Group has been
Houria Es Slami. Bernard Duhaime was elected Vice-Chair during the 107th session of the
Working Group. Osman El-Hajjé and Jasminka Dzumhur completed their appointments as
members of the Working Group during the reporting period and were replaced by Tae-Ung
Baik and Henrikas Mickevičuis, respectively.
9. On 15 September 2015, former Chair-Rapporteur Ariel Dulitzky presented the
annual report for the period 17 May 2014 to 15 May 2015, and its addenda, to the Human
Rights Council at its thirtieth session, and participated in the interactive dialogue with
Member States.
10. Between 8 and 12 June 2015, former Vice-Chair, Ms. Dzumhur, represented the
Working Group during the twenty-second annual meeting of the special procedures of the
Human Rights Council.
11. On 22 October 2015, the Vice-Chair, Mr. Duhaime, addressed the General
Assembly at its seventieth session and participated in the interactive dialogue with Member
States.
12. The Working Group continues its practice of having one of its sessions per year
outside Geneva. The Working Group held its 108th session in Rabat from 8 to 12 February
2016. The Working Group is grateful to the Government of Morocco for that opportunity.
13. On 11 March 2016, the Chair-Rapporteur, Ms. Es-Slami, participated in a
commemorative event for the tenth anniversary of the adoption of the International
Convention for the Protection of All Persons from Enforced Disappearance.
14. During the reporting period, all the members of the Working Group carried out a
number of activities connected to enforced disappearances, which included their
participation in conferences, consultations, seminars, training events, workshops and
lectures, organized by Governments and/or civil society organizations.
15. The Working Group is thankful for the continuous support, including through
voluntary contributions, provided by donor States, notably Argentina, France and Japan. It
is also grateful for the support of the Moroccan National Council for Human Rights in the
organization of an expert consultation on enforced disappearances and non-State actors on
7 February 2016 on the margins of the 108th session held in Rabat.
16. During the 109th session, the Working Group started discussing the development of
guidelines relating to the handling and management of its archives.
B. Meetings
17. During the period under review, representatives of the Governments of Burundi
(108th); Egypt (109th), Japan (107th, 108th and 109th); Maldives (109th), Morocco
(108th), Pakistan (109th), the Sudan (109th) and Ukraine (107th and 109th) attended the
sessions of the Working Group. A number of informal meetings were also held with
representatives from various States. The Working Group expresses its appreciation to those
Governments for the meetings and emphasizes the importance of cooperation and dialogue.
18. The Working Group also met with the Committee on Enforced Disappearances
during its 107th session. It also met with State representatives from the Latin American and
Western regional groups during the 107th and 109th sessions, respectively, as well as
representatives of international governmental organizations, relatives and associations of
relatives of disappeared persons, and non-governmental organizations. The Working Group
also met the President of the Human Rights Council and the United Nations High
Commissioner for Human Rights during the 109th session.
C. Communications
19. During the reporting period, the Working Group transmitted 766 new cases of
enforced disappearance to 37 States.
20. The Working Group transmitted 483 of the above-mentioned cases under the urgent
action procedure1 to 20 States.
21. The Working Group clarified 161 cases, in 17 States. Of the 161 cases, 67 were
clarified on the basis of information provided by Governments and 94 on the basis of
information provided by sources.
22. The Working Group transmitted 12 prompt intervention communications addressing
allegations of harassment of and/or threats to human rights defenders and relatives of
disappeared persons in Bangladesh, the Central African Republic, China, Colombia, the
Congo, Guatemala, India, Iraq, Mexico, Pakistan, Serbia and the Bolivarian Republic of
Venezuela.
23. It transmitted two urgent appeals concerning persons who had been arrested,
detained, abducted or otherwise deprived of their liberty or who had been forcibly
disappeared or were at risk of disappearance in Ethiopia and Iraq.
24. The Working Group transmitted seven general allegations, related to obstacles to the
implementation of the Declaration, to the Governments of Bangladesh, Cameroon,
Colombia, Egypt, Kenya, Pakistan and Uruguay.
25. It also transmitted eight other letters addressing issues related to enforced
disappearances to the Governments of the Democratic Republic of the Congo, the Gambia,
Guatemala, Italy, Morocco, Pakistan, Portugal and the United States of America.
D. Country visits
26. The Working Group submits as addenda to the present report three country visits
reports: on its visit to Peru, from 1 to 10 June 2015; to Sri Lanka, from 9 to 18 November
2015; and to Turkey, from 14 to 18 March 2016 (see A/HRC/33/51/Add.1, Add.2 and
Add.3). The Working Group thanks the Governments of Peru, Sri Lanka and Turkey for the
invitation, as well as for the cooperation extended to it before, during and after its visit to
the countries. It encourages them to fully implement the recommendations contained in the
country visit reports.
27. The Working Group also thanks the Government of South Sudan, which has
extended an invitation to the Working Group to visit the country during the reporting
period. The visit to South Sudan is scheduled to take place in the last quarter of 2016.
28. During the reporting period, the Working Group requested visits to Lebanon and
Ukraine.
29. In addition to these new requests, the Working Group has requested in the past —
and reiterated during the reporting period — a visit to the following countries, without
having yet received a positive response: Bangladesh, Bahrain, Belarus, Burundi, China,
Egypt, India, Indonesia, Kenya, Nepal, Nicaragua, the Philippines, the Russian Federation,
Rwanda, South Africa, the Syrian Arab Republic, Thailand, the former Yugoslav Republic
of Macedonia, the United Arab Emirates, Uzbekistan and Zimbabwe. The Working Group
invites all States that have received a request for a visit by the Working Group to respond
favourably to it, in accordance with Human Rights Council resolution 21/4.2
1 Cases of enforced disappearances that occurred within three months prior to the receipt of a report by
the Working Group.
2 See annex I for country visit requests and invitations extended.
30. The Working Group recalls the fact that the Islamic Republic of Iran agreed to a
visit by the Working Group in 2004, more than a decade ago, which was delayed at the
request of the Government. The Working Group calls upon the Government to set the dates
for the visit. Similarly, the Working Group regrets that the visit to Algeria did not
materialize, in spite of an invitation extended to visit the country in the second half of 2014.
The Government of the Sudan also expressed its openness to receiving the Working Group,
although an official reply agreeing to the visit has not yet been received. The visit to Libya,
postponed in May 2013 for security reasons, is still pending.
E. Follow-up reports and other procedures
31. The Working Group prepared follow-up reports on the implementation of
recommendations made following its visits to the Congo and Pakistan. The follow-up
reports are contained in an addendum to the present report (A/HRC/33/51/Add.4). The
Working Group encourages both Governments to implement the outstanding
recommendations.
F. Press releases and statements
32. On 10 June 2015, the Working Group issued a statement3 and, on 11 June, a press
release4 at the end of its visit to Peru, emphasizing that, in spite of the Government’s
efforts, grave wounds remained open as a consequence of past enforced disappearances, in
particular in the areas of truth, justice and rehabilitation programmes.
33. On 27 August 2015, the Working Group joined a press release issued by two United
Nations experts on genocide prevention and transitional justice, calling on the Guatemalan
judicial authorities to prevent any further attempt at interference, obstruction of justice or
manipulation of the law while resuming the genocide trial against the former de facto Head
of State José Efraín Ríos Montt and the former Chief of Intelligence of Guatemala José
Mauricio Rodríguez Sánchez.5
34. On 28 August 2015, the Working Group issued a press release jointly with the
Committee on Enforced Disappearances on the occasion of the International Day of the
Victims of Enforced Disappearances, calling for global rules on immediately searching for
the disappeared.6 On the same day, the Working Group also issued a joint statement with
the Inter-American Commission on Human Rights, recognizing the progress made on this
issue in many countries in the Americas, while at the same time calling attention to the debt
owed to the victims of forced disappearances of the past in terms of realizing their rights to
truth, justice, and reparation.7
35. On 9 September 2015, the Working Group issued a press release, jointly with other
special procedure mandate holders, welcoming the report of the independent team of
experts of the Inter-American Commission on Human Rights on the enforced
disappearances, executions and torture of students of Ayotzinapa in the State of Guerrero in
3 See www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=16062&LangID=S.
4 See www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=16065&LangID=S.
5 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16351&LangID=E.
6 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16356&LangID=E.
7 See www.oas.org/en/iachr/media_center/PReleases/2015/098.asp.
Mexico in September 2014 and encouraging the Government of Mexico to implement all of
its recommendations.8
36. On 18 September 2015, the Working Group issued a press release on the occasion of
the presentation by the Vice-Chair of the annual report to the Human Rights Council. In the
press release, the Working Group called on all States to inter alia assume the search of the
disappeared as a priority, urging them to start by recognizing the issue and determining its
exact extent through the gathering of clear and reliable records.9
37. On 22 October 2015, a press release was issued on the occasion of the presentation
of the Chair-Rapporteur of the Working Group to the General Assembly, calling on States
to put the eradication of enforced disappearance at the top of their agenda. It also urged
Governments to address the changing nature of the problem due to new patterns of enforced
disappearance, the growing activity of non-State actors and new types of victims.10
38. On 18 November 2015, the Working Group issued a press release11 and a statement12
upon the conclusion of its visit to Sri Lanka, highlighting that Sri Lanka has the opportunity
to once and for all meet the rights and legitimate expectations of thousands of families of
disappeared.
39. On 9 December 2015, the Working Group, jointly with all other special procedure
mandate holders, renewed its commitment for the full implementation of the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights, on the occasion of Human Rights Day.13
40. On 21 January 2016, the Working Group, jointly with other special procedure
mandate holders, issued a press release calling on the Government of Ethiopia to halt the
violent crackdown on Oromia protesters and ensure accountability for abuses.14
41. On 15 February 2016, the Working Group issued a statement and held a press
conference at the conclusion of its 108th session in Rabat.15
42. On 26 February 2016, the Working Group, jointly with other special procedure
mandate holders, issued a press release urging the Government of the United States of
America to ensure proper investigation and full accountability for human rights violations
in his plans to close the Guantanamo Bay detention camp.16
43. On 18 March 2016, the Working Group issued a press release17 and a statement18
upon conclusion of its visit to Turkey, emphasizing how it was high time for Turkey to
come to terms with past enforced disappearances.
44. On 7 April 2016, the Working Group, jointly with other special procedure mandate
holders, issued a press release welcoming the adoption by the African Commission on
8 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16406&LangID=E.
9 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16462&LangID=E.
10 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16636&LangID=E.
11 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16772&LangID=E.
12 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16771&LangID=E.
13 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16861&LangID=E.
14 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16977&LangID=E.
15 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17046&LangID=E.
16 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=17097&LangID=E.
17 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=18477&LangID=E.
18 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=18476&LangID=E.
Human and Peoples’ Rights of the new Principles and Guidelines on Human and Peoples’
Rights while Countering Terrorism in Africa.19
45. On 26 April 2016, the Working Group, jointly with other special procedure mandate
holders, issued a press release at the occasion of the final report by the Interdisciplinary
Group of Independent Experts of the Inter-American Commission on Human Rights,
emphasizing that much still needed to be done in Mexico to bring truth and justice in
relation to the case of the of the 43 student teachers of Ayotzinapa, disappeared in
September 2014.20
G. Enforced disappearance in the context of migration
46. The phenomenon of disappearances of migrating individuals in transit and in
destination countries is increasingly being documented by States, non-governmental
organizations and the media.
47. During its 105th session, and later in its 2015 annual report (see A/HRC/30/38, para.
96), the Working Group announced that it would address the issue of enforced
disappearances in the context of migration. In the present document, the Working Group
outlines the main issues surrounding the phenomenon of enforced disappearances of
migrants, with the aim of further studying it over the course of the next reporting cycle,
including through expert meetings and/or consultations with other relevant actors working
on and interested in the issue.
48. The study will focus on enforced or involuntary disappearances of persons21 in the
context of migration. It will also examine other similar practices undertaken by private
actors in the context of migration, including acts of human trafficking or smuggling of
migrants, which could be tantamount to enforced or involuntary disappearances.22
49. While there is no universally recognized definition of the concept of migrant, the
Working Group will refer to it as any person who is outside a State of which he or she is a
citizen or national, or, in the case of a stateless person, his or her State of birth or habitual
residence.23 Accordingly, for the purpose of the study, the Working Group will consider the
term “migrants” as encompassing asylum seekers and refugees, as well as persons who
migrate for economic, labour, climate or other reasons.24
50. In the short presentation of that theme in the present report, the Working Group
briefly highlights the following issues, with the aim of further analysing them over the
course of the coming months:
(a) Migration caused by enforced disappearances;
(b) Enforced disappearances of migrants;
19 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19790&LangID=E.
20 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19883&LangID=E.
21 See preamble of the Declaration. See also International Convention for the Protection of All Persons
from Enforced Disappearance.
22 See article 3 of the Convention.
23 See OHCHR, Recommended Principles and Guidelines on Human Rights at International Borders
(2014) chap. I, para. 10. Available from www.ohchr.org/Documents/Issues/Migration/
OHCHR_Recommended_Principles_Guidelines.pdf. See also E/CN.4/2000/82, para. 36.
24 See, for example, www.unhcr.org/en-us/mixed-migration.html. See also International Organization
for Migration, Glossary on Migration (2014). Available from
www.iomvienna.at/sites/default/files/IML_1_EN.pdf.
(c) Factors contributing to the enforced disappearance of migrants;
(d) State obligations in the context of the enforced disappearance of migrants.
(a) Migration caused by enforced disappearances
51. Throughout the fulfilment of its mandate, the Working Group has encountered
numerous instances where persons have migrated to other countries in order to flee the
threat of being subjected to enforced or involuntary disappearances. That has been the case
for many individuals fleeing Argentina, Chile and other Latin American States commonly
practising enforced disappearances in the 1970s and 1980s (see, for example,
E/CN.4/1984/21, para. 102).
52. More recently, the Working Group has received cases and reports of refugees and
other migrants who claim to have left their country of origin to avoid being subjected to
enforced or involuntary disappearances, similar to those documented, for example, in the
report of the Independent International Commission of Inquiry on the Syrian Arab Republic
(see A/HRC/30/48 and Corr.1, paras. 23 and 65) or of the commission of inquiry on human
rights in Eritrea (see A/HRC/32/CRP.1, paras. 97 and 277-279).
53. Similarly, individuals migrate due to the disappearances of their relatives or loved
ones or to avoid reprisals due to their work in searching and pursuing justice. Additionally,
there exist instances of human rights defenders who are forced to migrate due to their work
fighting enforced disappearances.
(b) Enforced disappearances of migrants
54. The Working Group is also interested in examining further different types of
enforced disappearances of migrants. While doing so, it will seek to address the distinction
between instances of missing migrants and those of enforced disappearances of migrants.
(i) Enforced disappearances of migrants for political reasons
55. The study will analyse instances of enforced disappearances of foreign nationals in
transit or who have migrated to other countries.
56. For example, in the framework of Operation Condor in the 1970s-1980s, many
South American military regimes coordinated their actions, whereby States of origin
seeking to capture certain of their nationals who had fled abroad to escape persecution
provided intelligence to destination States so that the latter could locate and capture
refugees and political migrants and deliver them to their State of origin. In certain
instances, destination States also allowed agents from the State of origin to enter their
territory and capture their nationals. In many such cases, captured refugees and migrants
were the object of enforced or involuntary disappearances (see, for example,
E/CN.4/1983/14, paras. 91-92).25
57. More recently, the Working Group has received information regarding several cases
of defectors, who had fled to neighboring States to avoid persecution, and who were later
captured there by host State officials, then handed over to the State of origin’s authorities.
After these forced repatriations many were reportedly subjected to enforced
disappearances.26
25 See also Gelman v. Uruguay, Merits and Reparations, Inter-American Court of Human Rights, Series
C No. 221 (24 February 2011).
26 Similar instances were reported in the report of the detailed findings of the commission of inquiry on
human rights in the Democratic People’s Republic of Korea (A/HRC/25/CRP.1), paras. 446 and 452-453.
(ii) Disappearances occurring during the detention of migrants27 or the execution
of deportation procedures
58. The study will also take into consideration instances where migrants disappear while
they are detained or during the execution of deportation procedures. Indeed, migrants who
are captured in a transit or destination State, and detained under administrative or criminal
proceedings, may sometimes disappear. This could be in part be due to the lack of
transparency or to the secrecy of such detention, and the very limited access to the justice
system that migrants often have in this context.28 The Group will address how
disappearances can occur in such contexts, as well as during the execution of deportations.
59. Similarly, many cases were reported where migrants were deported to their State of
origin or another State, where they face enforced or involuntary disappearances or where
they risk being subjected to that practice, in contravention of the international law principle
of non-refoulement.29 In that process, it has been observed that formal deportation
procedures, including the assessment of risk of persecution in the country of origin, are
sometimes not duly respected and, as a result, migrants are not registered and are unable to
lodge asylum claims.
(iii) Enforced disappearances of migrants by private actors acting on behalf of,
or with the support, direct or indirect, consent or acquiescence of the State
60. There have been a number of reported cases of disappearances of migrants while
they transit in a third State or upon arrival in the State of destination (see
CED/C/MEX/CO/1, paras. 23-24).30 In some instances, migrants are arrested and detained
by State agents (migration officers or security forces) and later disappeared. In other
instances, captured migrants are delivered by State agents to private actors, often members
of organized criminal groups and, as such, are also the object of enforced disappearances,
often trapped in trafficking networks for the purpose of economic or sexual exploitation.
(c) Factors that contribute to the enforced disappearances of migrants
61. The Working Group will analyse in greater detail factors that contribute to enforced
disappearances of migrants, including them being exposed to greater situations of
vulnerability and to multiple forms of discrimination and the impact of State migratory and
security policies, as well as the existence of obstacles in the search for justice and truth
regarding such human rights violations.
(i) Vulnerability and discrimination
62. The Working Group highlighted the particular vulnerability of migrants to enforced
disappearances in past reports, in particular due to obstacles facing the judicial protection of
their rights, as well as the irregular nature of their migration status (see
A/HRC/19/58/Add.2, para. 69).
63. Some migrants enter irregularly and are thus not recorded, and others enter in a
regular manner but remain unaccounted for because of the lack of procedures established at
the borders of many countries. That is exacerbated by the lack of effective laws and
protection programmes, as well as ineffective judicial remedies available to them (see
27 See A/HRC/20/24.
28 See, similarly, Inter-American Commission on Human Rights, “Human Rights of migrants and other
persons in the context of human mobility in Mexico”, OEA/Ser.L/V/II Doc48/13 (2013), p. 42.
29 See art. 8 of the Declaration.
30 See also A/HRC/33/53/Add.1, para. 14.
A/HRC/19/58/Add.2, para. 69). In addition, the routes taken by most undocumented
migrants are often dangerous.
64. The Working Group will also enquire as to how enforced disappearances may result
from the greater vulnerability experienced by migrants stemming from the fact that they are
“invisible” to some extent (those who enter in an irregular manner are not recorded, while
many of those who enter in a regular manner often remain unaccounted for).31
65. Finally, migrants are often the object of multiple forms of discrimination based on
grounds such as their race, national origin, language, religion, gender, age, sexual
orientation etc. Those multiple forms of discrimination may accumulate or intersect to
constitute a unique and distinct form of discrimination, or intersectional discrimination (see,
for example, E/CN.4/2005/85).
66. The study will thus assess to what extent those factors can specifically increase risks
of migrants being subjected to enforced disappearances.
(ii) State migratory and counter-terrorism policies
67. Many States’ migration policies adopted in the last decades, as well as the
militarization of borders, have led to an expansion of trafficking and smuggling of
migrants. In order to avoid the restrictive measures adopted by the States, many migrants
choose clandestine and less safe roads, which are not surveilled by State authorities and are
often controlled by illegal groups with the cooperation or acquiescence of State agents. The
discourse and language used to address the issue of migration and, in particular, to qualify
migrants, notably those with irregular status — often associating them with security threats
and criminality — places them in a situation of increased vulnerability, thus exposing them
further to violence and to becoming victims of human rights violations (see, for example,
A/HRC/20/24, paras. 8 and 13).32 The Working Group will analyse if and how those
policies contribute to the specific phenomenon of enforced disappearances of migrants.
(iii) Obstacles in the search for the truth and justice
68. The transnational nature of migration certainly complicates the efforts of the
families of migrants who wish to obtain information concerning a disappeared relative. In
many instances, it is reported that there is no established protocol for family members to
denounce a disappearance abroad, in the country where the crime occurred. Similarly, there
are no forensic data banks to register DNA for the disappeared or evidence contributing to
the research of remains. If such mechanisms exist, they are often said to be ineffective, not
ensuring that family members living abroad may access them.
69. In addition to those problems, the Working Group will also examine broader
obstacles that may complicate the search for the truth, such as language and cultural
barriers, lack of cooperation from the country of origin, corruption, lack of financial means,
the impossibility of travelling to the country where the disappearance occurred, the lack of
access to effective legal services etc.
31 See Council of Europe, “Missing persons and victims of enforced disappearance in Europe”, Issue
Paper (March 2016), p. 23. Available at
https://wcd.coe.int/ViewDoc.jsp?p=&Ref=CommDH/IssuePaper(2016)1&Language=lanEnglish&dir
ect=true. See also Council of Europe, “The human rights of irregular migrants in Europe”, Issue Paper
(December 2007), p. 7. Available at https://wcd.coe.int/ViewDoc.jsp?p=&id=1237553&direct=true.
32 See also OEA/Ser.L/V/II Doc48/13, p. 42.
(d) State obligations in the context of the enforced disappearance of migrants
70. The Working Group also aims at addressing in greater detail some of the obligations
that States bear under international law to prevent and remedy enforced disappearances of
migrants.
(i) Prevention of enforced disappearance of migrants
71. States have an obligation to adopt effective legislative, administrative, judicial and
other measures, including migratory policy-related measures, in order to prevent and
terminate acts of enforced disappearances of migrants in their territory.33 All acts of
enforced disappearances shall also be offences under criminal law punishable by
appropriate penalties, which shall take into account their extreme seriousness.34
72. No order or instruction of any public authority, civilian, military or other, may be
invoked to justify an enforced disappearance35 and States must ensure that orders or
instructions directing, authorizing or encouraging any enforced disappearance are
prohibited. Accordingly, States must ensure that no pretext, such as a migratory crisis, can
justify acts of enforced disappearances, including disappearances of migrants.
73. Other preventive measures need to be specifically tailored to address factors that
increase the risk of disappearances of migrants, such as by ensuring language services in
migratory processes, ensuring better control of dangerous routes, investigating, prosecuting
and sanctioning organized criminal organizations who abuse migrants etc.
(ii) Detention of migrants and deportation procedures
74. Migrants deprived of liberty must be held in an officially recognized place of
detention and their detention must be formally registered, including with accurate
information on their detention and place or places of detention.36 An official up-to-date
register of all migrants deprived of their liberty shall be maintained in every place of
detention. Those provisions are equally applicable to all migrants irrespective of the
regularity of their migratory status. The Working Group will assess the scope of that
obligation in the light of the different contexts of capture and detention of migrants, as well
as the particular nature and cause of the detention.
75. Similarly, all deportation of migrants must be formally documented and undertaken
in accordance with the law in order to avoid disappearances during those processes,
including temporary disappearances. Accordingly, all migrants deprived of liberty must be
released in a manner permitting reliable verification that they have actually been released
and, further, have been released in conditions in which their physical integrity and ability to
exercise fully their rights are assured.37
76. Migrant detainees should also be allowed to communicate with their loved ones and
representatives, and should be informed of their right to communicate with the consular
authorities of their country of origin.38
33 See art. 3 of the Declaration.
34 See art. 4 of the Declaration.
35 See arts. 6 and 7 of the Declaration.
36 See art. 10 of the Declaration.
37 See art. 11 of the Declaration.
38 See art. 17 (2) (d) of the International Convention for the Protection of All Persons from Enforced
Disappearance and art. 16 (7) of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.
77. Refugees and other migrants may not be deported to States where they risk being
subjected to enforced or involuntary disappearances or other forms of persecution.39
(iii) Remedies for migrant victims of enforced disappearances and their families
78. States must ensure a prompt and effective judicial remedy as a means of determining
the whereabouts or state of health of migrants deprived of their liberty and/or identifying
the authority ordering or carrying out the deprivation of liberty, in order to prevent enforced
disappearances.40
79. The Declaration provides, among other things, the right to an adequate remedy,
requiring States to conduct a thorough and impartial investigation, including initiatives to
search for individuals, as well as localization, respect and restitution in case of death. It is
of the utmost importance that States prevent remains from being moved to common graves
or simply displaced, as such measures can derail the investigations.
80. It is also essential, that each State — origin, transit and destination — takes the
necessary measures to establish its competence to exercise jurisdiction over the offence of
enforced disappearances of migrants in accordance with the applicable principles of
international law.41
39 See art. 8 of the Declaration.
40 See also art. 9 of the Declaration.
41 See art. 9 of the Convention.
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III. Decisions on individual cases taken by the Working Group and communications transmitted to the States concerned during the reporting period42
Countries
Number of
outstanding
cases at the
beginning of
the period
under
review
Cases transmitted
to the Government
during the reporting
period
Cases clarified during
the period under
review by:
Number of
cases of
possible
clarification
by
Government
(6-month rule)
Number of
outstanding
cases at the
end of the
period under
review
Communications sent during
the period under review
Communications received during
the period under review
Prompt
intervention
letter
Urgent
appeal
General
allegation
Other
letter
Response to
prompt
intervention
letter
Response
to urgent
appeal
Response to
general
allegation
Response
to other
letter
Urgent
actions
Standard
cases Government Sources
Afghanistan 3 - - - - - 3 - - - - - - - -
Albania 1 - - - - - 1 - - - - - - - -
Algeria43 3 104 - 37 - - - 3 139 - - - - - - - -
Angola 2 - - - - - 2 - - - - - - - -
Argentina44 3 271 1 - - 26 - 3 244 - - - - - - - -
Bahrain 3 2 - - 1 - 4 - - - - - - - -
Bangladesh 30 1 4 - 1 - 34 1 - 1 - - - - -
Belarus 3 - - - - - 3 - - - - - - - -
Bhutan 5 - - - - - 5 - - - - - - - -
Bolivia (Plurinational State of)
28 - - - - - 28 - - - - - - - -
Brazil 13 - - - - - 13 - - - - - - - -
Burundi 52 1 - - - - 53 - - - - - - - -
Cambodia 1 - - - - - 1 - - - - - - - -
42 Urgent actions are cases of enforced disappearances occurred within three months prior to the receipt of a report by the Working Group; or cases
of enforced disappearances occurred prior to the three-month limit, but within one year prior to the receipt of a report by the Working Group,
provided that there is a link with a case that occurred within the three-month period. Standard cases are cases of enforced disappearances occurred
prior to the three-month limit. Prompt intervention letters concern cases of intimidation, persecution or reprisal against families of disappeared
persons, witnesses, lawyers, human rights defenders and other individuals concerned with disappearances. Urgent appeals concern allegations of
enforced disappearances; or allegations regarding persons deprived of liberty who are at risk of being disappeared. General allegations concern
alleged obstacles encountered in the implementation of the Declaration.
43 The Working Group determined during its 109th session that two cases were duplicates and subsequently expunged them from the records.
44 The Working Group determined during its 107th and 109th session that two cases were duplicates and subsequently expunged them from the
records.
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Countries
Number of
outstanding
cases at the
beginning of
the period
under
review
Cases transmitted
to the Government
during the reporting
period
Cases clarified during
the period under
review by:
Number of
cases of
possible
clarification
by
Government
(6-month rule)
Number of
outstanding
cases at the
end of the
period under
review
Communications sent during
the period under review
Communications received during
the period under review
Prompt
intervention
letter
Urgent
appeal
General
allegation
Other
letter
Response to
prompt
intervention
letter
Response
to urgent
appeal
Response to
general
allegation
Response
to other
letter
Urgent
actions
Standard
cases Government Sources
Cameroon 14 - - - - - 14 - - 1 - - - - -
Central African Republic
3 - - - - - 3 1 - - - - - - -
Chad 23 - - - - - 23 - - - - - - - -
Chile 786 - - 2 - - 784 - - - - - - - -
China 40 6 - 1 4 1 41 1 - - - - - - -
Colombia 971 1 1 - - - 973 1 - 1 - - - 1 -
Congo 89 - - - - - 89 1 - - - - - - -
Democratic People’s Republic of Korea
53 - 41 - - - 94 - - - - - - - -
Democratic Republic of the Congo
47 - - - - - 47 - 1 - 1 - - 1
Dominican Republic
2 - - - - - 2 - - - - - - - -
Ecuador 5 - - - - - 5 - - - - - - - -
Egypt 124 131 21 36 14 27 226 - - 1 - - - - -
El Salvador 2 280 - 2 - - - 2 282 - - - - 1 - 1 -
Equatorial Guinea
8 - - - - - 8 - - - - - - - -
Eritrea 56 - 6 - - - 62 - - - - - - - -
Ethiopia 112 - - - - - 112 - 1 - - - - - -
France 1 - - - - - 1 - - - - - - - -
Gambia45 7 - 1 - 4 - 4 - - - 1 - - - -
Greece 1 - - - - - 1 - - - - - - - -
Guatemala 2 897 - - - - - 2 897 1 - - 1 - - - -
45 The Working Group decided at its 107th session to transmit one case from Senegal to the Gambia.
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Countries
Number of
outstanding
cases at the
beginning of
the period
under
review
Cases transmitted
to the Government
during the reporting
period
Cases clarified during
the period under
review by:
Number of
cases of
possible
clarification
by
Government
(6-month rule)
Number of
outstanding
cases at the
end of the
period under
review
Communications sent during
the period under review
Communications received during
the period under review
Prompt
intervention
letter
Urgent
appeal
General
allegation
Other
letter
Response to
prompt
intervention
letter
Response
to urgent
appeal
Response to
general
allegation
Response
to other
letter
Urgent
actions
Standard
cases Government Sources
Guinea 37 - - - - - 37 - - - - - - - -
Guyana - 1 - - - 1 - - - - - - - -
Haiti 38 - - - - - 38 - - - - - - - -
Honduras 130 - - - - - 130 - - - - - - - -
India 354 - - - - - 354 1 - - - - - - -
Indonesia 163 1 - - 1 - 163 - - - - - - - -
Iran (Islamic Republic of Iran)
522 - 3 1 - - 524 - - - - 1 - - -
Iraq 16 408 - 5 - - - 16 413 1 1 - - - - - -
Israel 2 - - - - - 2 - - - - - - - -
Italy - - - - - - - - - - 1 - - - 1
Jordan 3 2 - - 1 - 4 - - - - - - - -
Kenya 61 1 10 - - - 72 - - 1 - - - - -
Kuwait 1 1 - - - - 2 - - - - - - - -
Lao People’s Democratic Republic
2 - - - - - 2 - - - - - - - -
Lebanon 313 - - - - - 313 - - - - - - - -
Libya 10 1 7 - - - 18 - - - - - - - -
Maldives - - 1 - - - 1 - - - - - - - -
Mauritania 4 - - - - - 4 - - - - - - - -
Mexico 366 1 12 - 1 - 378 1 - - - 2 - - -
Morocco46 86 1 11 - 1 - 96 - - - 1 - - - -
Mozambique 2 - - - - - 2 - - - - - - - -
Myanmar 2 - - - - - 2 - - - - - - - -
46 The Working Group determined during its 109th session that one case was a duplicate and subsequently expunged it from the records.
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Countries
Number of
outstanding
cases at the
beginning of
the period
under
review
Cases transmitted
to the Government
during the reporting
period
Cases clarified during
the period under
review by:
Number of
cases of
possible
clarification
by
Government
(6-month rule)
Number of
outstanding
cases at the
end of the
period under
review
Communications sent during
the period under review
Communications received during
the period under review
Prompt
intervention
letter
Urgent
appeal
General
allegation
Other
letter
Response to
prompt
intervention
letter
Response
to urgent
appeal
Response to
general
allegation
Response
to other
letter
Urgent
actions
Standard
cases Government Sources
Namibia 2 - - - - - 2 - - - - - - - -
Nepal 459 - 2 - - - 461 - - - - - - - -
Nicaragua 103 - - - - - 103 - - - - - - - -
Oman 1 - - - - - 1 - - - - - - - -
Pakistan47 200 321 37 14 32 1 511 1 - 1 1 - - - -
Peru 2 365 - - - - - 2 365 - - - - - - - -
Philippines 625 - - - - - 625 - - - - - - - -
Portugal - - - - - - - - - 1 - - - -
Republic of Korea
- - 3 - - - 3 - - - - - - - -
Russian Federation
476 - 4 - - - 480 - - - - - - - -
Rwanda 22 1 - - - - 23 - - - - - - - -
Saudi Arabia 5 - - - - 5 - - - - - - - -
Senegal48 - - - - - - - - - - - - -
Serbia - - - - - 1 - - - - - - -
Seychelles 3 - - - - 3 - - - - - - - -
Somalia 1 - - - - 1 - - - - - - - -
South Africa 1 - - - - 1 - - - - - - - -
South Sudan 1 1 - - - - 2 - - - - - - - -
Spain 6 1 - - - 7 - - - - - - - 1
Sri Lanka49 5 750 16 7 - - 5 758 - - - - - - - -
Sudan 173 1 - - - 174 - - - - - - - -
Syrian Arab50 Republic
130 2 49 - 1 - 179 - - - - - - - -
47 The Working Group determined during its 107th session that one case was a duplicate and subsequently expunged it from the records.
48 The Working Group decided at its 107th session to transmit one case from Senegal to the Gambia.
49 The Working Group determined during its 109th session that one case was a duplicate and subsequently expunged it from the records
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Countries
Number of
outstanding
cases at the
beginning of
the period
under
review
Cases transmitted
to the Government
during the reporting
period
Cases clarified during
the period under
review by:
Number of
cases of
possible
clarification
by
Government
(6-month rule)
Number of
outstanding
cases at the
end of the
period under
review
Communications sent during
the period under review
Communications received during
the period under review
Prompt
intervention
letter
Urgent
appeal
General
allegation
Other
letter
Response to
prompt
intervention
letter
Response
to urgent
appeal
Response to
general
allegation
Response
to other
letter
Urgent
actions
Standard
cases Government Sources
Tajikistan 3 - - - - - 3 - - - - - - - -
Thailand 82 - - - - 82 - - - - - - - -
Timor-Leste 428 - - - - - 428 - - - - - - - -
Togo 10 - - - - - 10 - - - - - - - -
Tunisia 2 - - - - - 2 - - - - - - - -
Turkey 79 - - 1- - 2 78 - - - - - -
Turkmenistan 3 - - - - - 3 - - - - - - - -
Uganda 15 - - - - - 15 - - - - - - - -
Ukraine 5 - 1 - - - 6 - - - - - 1 - -
United Arab Emirates
16 6 - 5 7 1 10 - - - - - - -
United States of America
- - 4 - - - 4 - - - 1 - - - -
Uruguay 17 - - - - - 17 - - 1 - - - 1 -
Uzbekistan 7 - - - - - 7 - - - - - - - -
Venezuela (Bolivarian Republic of)
12 - 3 - - - 15 1 - - - - - - -
Viet Nam 1 - - - - - 1 - - - - - - - -
Yemen 11 - - - - - 11 - - - - - - -
Zimbabwe 5 - - - - - 5 - - - - - - - -
State of Palestine
4 - - - - - 4 - - - - - - - -
50 The Working Group determined during its 108th session that one case was a duplicate and subsequently expunged it from the records.
IV. Observations
81. In addition to the observations formulated in its post-sessional documents (see para.
7 above), the Working Group makes the following country-specific observations based on
the cooperation received and on significant developments regarding its mandate during the
whole reporting period.
Algeria
82. The Working Group reiterates its disappointment (see A/HRC/30/38, para. 58) that,
in spite of an official communication received in February 2014 in which the Government
invited the Working Group to visit Algeria during the second semester of 2014, it has not
accepted the different dates offered by the Working Group. The Working Group continues
to hope that it can soon be allowed to conduct a visit to the country.
Bangladesh
83. The Working Group reiterates its regrets that no information has been received from
the Government in connection with two general allegations transmitted on 4 May 2011,
concerning the alleged frequent use of enforced disappearance as a tool by law enforcement
agencies, paramilitary and armed forces to detain and even extrajudicially execute
individuals (see A/HRC/22/45 and Corr.1, para. 33, and A/HRC/30/38, para. 61); and on 9
March 2016, concerning the reportedly alarming rise of the number of cases of enforced
disappearances in the country (see A/HRC/WGEID/108/1, para. 6).
84. On 12 March 2013, the Working Group requested an invitation to undertake a visit
to the country. No response yet has been received from the Government in spite of
reminders sent. The Working Group hopes that a positive reply will be received soon.
Burundi
85. The Working Group is concerned about the ongoing situation of violence and
instability in Burundi, which may facilitate the occurrence of enforced disappearances. It
reiterates article 7 of the Declaration, which provides that no circumstances whatsoever
may be invoked to justify enforced disappearances.
86. On 27 May 2009, the Working Group requested an invitation to undertake a visit to
the country. Despite reminders sent, no response yet has been received from the
Government. The Working Group hopes that a positive reply will be received soon.
Congo
87. The follow-up report on the implementation of the recommendations made by the
Working Group after its visit to the Congo in 2012 (A/HRC/19/58/Add.3) can be found in
document A/HRC/33/51/Add.4. The Working Group regrets that the Government of the
Congo did not cooperate with the Working Group in the process of producing the follow-up
report. It hopes that the recommendations contained in the report will be duly and promptly
implemented.
Democratic People’s Republic of Korea
88. The Working Group, on the basis of the recommendation of the Special Rapporteur
on the situation of human rights in the Democratic People’s Republic of Korea (see
A/HRC/28/71, para. 67), decided to request an invitation to undertake a visit to the country
on 22 May 2015. The Working Group hopes that a positive reply will be received soon.
Egypt
89. The Working Group thanks the Government for the high number of replies, which
demonstrate the Government’s commitment to engage with the Working Group and
allowed it to clarify a high number of cases. It is also grateful for the constructive meeting
held during the 109th session of the Working Group. It is however extremely concerned
that, during the reporting period, it transmitted 131 new cases under its urgent action
procedure to the Government (see A/HRC/WGEID/107/1, paras. 36–43;
A/HRC/WGEID/108/1, para. 45; A/HRC/WGEID/109/1, paras. 27 ff.) in relation to what
seems to be an increasing pattern of disappearances, notably short-term disappearances (see
A/HRC/30/38, para. 67). It reiterates that, as provided in article 7 of the Declaration, no
circumstances whatsoever may be invoked to justify enforced disappearances, and that
accurate information on the detention of such persons and their place or places of detention,
including transfers, shall be made promptly available to their family members, their counsel
or to any other persons having a legitimate interest in the information (art. 10 (2) of the
Declaration).
90. On 30 June 2011, the Working Group requested an invitation to undertake a visit to
the country. No response yet has been received from the Government in spite of reminders
sent. The Working Group hopes that a positive reply will be received soon.
India
91. The Working Group regrets that it has not received a reply to a letter, transmitted
jointly with two other special procedures mandate holders on 23 January 2015, concerning
the allegations of continuing construction work on the site of a newly discovered mass
grave (see A/HRC/WGEID/105/1, para. 66, and A/HRC/30/38, para. 73). The Working
Group emphasized the importance of preserving mass grave sites, including ensuring that
an effective criminal and forensic investigation can take place, and to take appropriate
measures to assist victims to achieve truth and justice.
92. On 16 August 2010, the Working Group requested an invitation to undertake a visit
to the country. No positive response has been received yet in spite of reminders sent. The
Working Group hopes that a positive reply will be received soon.
Kenya
93. The Working Group is concerned at the lack of replies from the Government to its
communications, including two general allegations transmitted on 30 September 2014 in
relation to enforced disappearances and other human rights violations reportedly carried out
by the Anti-Terrorism Police Unit (see A/HRC/WGEID/104/1, paras. 71-78, and
A/HRC/30/38, para. 76); and on 4 March 2016 in relation to alleged human rights
violations, including enforced disappearances of terrorism suspects, in the context of high-
handed security measures, such as the “Usalama Watch” security operation carried out in
April 2014 (see A/HRC/WGEID/108/1, para. 6). The Working Group reiterates that, as
provided in article 7 of the Declaration, no circumstances whatsoever may be invoked to
justify enforced disappearances.
94. On 19 February 2013, the Working Group requested an invitation to undertake a
visit to the country. No response yet has been received from the Government in spite of a
reminders sent. The Working Group hopes that a positive reply will be received soon.
Mexico
95. The Working Group recommends that the Government of Mexico duly implement
the recommendations contained in the follow-up report to the recommendations made by
the Working Group after the visit to Mexico in 2011 (see A/HRC/30/38/Add.4).
96. With respect to the case of the 43 disappeared student teachers of Ayotzinapa, the
Working Group notes with concern and agrees with the final report by the Interdisciplinary
Group of Independent Experts of the Inter-American Commission on Human Rights, which
identifies serious gaps in the investigations carried out so far by the authorities and
highlights serious deficiencies in the justice system and a worrying weakness of the State to
investigate with due diligence gross human rights violations. The Working Group also
regrets the campaigns to discredit the legitimate and highly valuable work of various civil
society organizations and human rights defenders who have supported the families of
students and other victims.51 Finally, the Working Group fully supports the decision made
by the Inter-American Commission on Human Rights to establish a special follow-up
mechanism to the work of the Interdisciplinary Group of Independent Experts and urges the
State to participate and actively collaborate in such mechanism in order to make it effective.
Pakistan
97. The Working Group is concerned that, during the reporting period, it transmitted to
the Government 321 new cases under its urgent action procedure, a large number of which
concern individuals abducted in the Sindh Province, who are reportedly affiliated with the
Muttahida Quami Movement (see A/HRC/WGEID/107/1, paras. 77-80;
A/HRC/WGEID/108/1, para. 74; A/HRC/WGEID/109/1, paras. 60-65). The Working
Group thanks the Government for the replies dated 2 and 4 February 2016 providing
information on a high number of cases, which demonstrate the Government’s commitment
to engage with the Working Group. It is also grateful for the constructive meeting held
during the 109th session of the Working Group. However, it reiterates that, as provided in
article 7 of the Declaration, no circumstances whatsoever may be invoked to justify
enforced disappearances, and that accurate information on the detention of such persons
and their place or places of detention, including transfers, shall be made promptly available
to their family members, their counsel or to any other persons having a legitimate interest in
the information (art. 10 (2) of the Declaration).
98. The Working Group reiterates its regrets that the Government did not reply to the
concerns mentioned in the general allegation concerning the Protection of Pakistan Act,
transmitted by the Working Group on 20 November 2015, jointly with other mandates.
99. The follow-up report on the implementation of the recommendations made by the
Working Group after its visit to Pakistan in 2012 (see A/HRC/22/45/Add.2) can be found in
document A/HRC/33/51/Add.4. The Working Group thanks the Government of Pakistan
for its cooperation throughout the process, but regrets that most of the recommendations
51 See also on this para. 35 above.
contained in its country visit report have not been implemented. The Working Group hopes
that its recommendations will be duly and promptly implemented.
Russian Federation
100. On 2 November 2006, the Working Group requested an invitation to undertake a
visit to the country. No positive response has been received yet in spite of reminders sent.
The Working Group hopes that a positive reply will be received soon.
South Sudan
101. The Working Group welcomes the invitation received to visit the country and looks
forward the conduct of the visit during the last quarter of 2016.
Syrian Arab Republic
102. The Working Group continues to be gravely concerned about the situation in the
Syrian Arab Republic, which may facilitate the occurrence of enforced disappearances. It
reiterates article 7 of the Declaration, which provides that no circumstances whatsoever
may be invoked to justify enforced disappearances.
103. The Working Group reiterates its call to the Security Council to consider referring
the situation in the Syrian Arab Republic to the International Criminal Court (see
A/HRC/27/49, para. 99).
104. On 19 September 2011, the Working Group requested an invitation to undertake a
visit to the country. No response yet has been received from the Government in spite of
reminders sent. The Working Group hopes that a positive reply will be received soon.
Thailand
105. On 30 June 2011, the Working Group requested an invitation to undertake a visit to
the country. No positive response yet has been received from the Government in spite of
reminders sent. The Working Group hopes that a positive reply will be received soon.
Timor-Leste
106. The Working Group reiterates its regrets that the Government of Timor-Leste did
not cooperate with the Working Group in the process of producing the follow-up report
presented to the Human Rights Council in September 2015 (see A/HRC/30/38, para. 90).
The Working Group hopes that the recommendations contained in the report will be
nevertheless duly implemented (see A/HRC/30/38/Add.4).
United Arab Emirates
107. On 13 September 2013, the Working Group requested an invitation to undertake a
visit to the country. No response yet has been received from the Government in spite of a
reminders sent. The Working Group hopes that a positive reply will be received soon.
Ukraine
108. The Working Group continues to be gravely concerned about the situation in
Ukraine, which may facilitate the occurrence of enforced disappearances. It reiterates
article 7 of the Declaration, which provides that no circumstances whatsoever may be
invoked to justify enforced disappearances. On 22 April 2016, the Working Group
requested an invitation to undertake a visit to the country and hopes that a positive reply
will be received soon.
Yemen
109. The Working Group is concerned about the deteriorating situation in Yemen, which
may facilitate the occurrence of enforced disappearances (see A/HRC/30/31). It reiterates
article 7 of the Declaration, which provides that no circumstances whatsoever may be
invoked to justify enforced disappearances.
V. Conclusions and recommendations
110. The Working Group is seriously concerned that the number of enforced
disappearances is increasingly rising across the world with the false and pernicious
belief that they are a useful tool to preserve national security and combat terrorism or
organized crime. A demonstration of this sad reality is the fact that, during the
reporting period, the Working Group transmitted 766 newly reported cases of
disappearance to 37 States. It used the urgent action procedure in 483 of those cases,
which allegedly occurred within the three months preceding the receipt of the report
by the Working Group. The number of urgent actions transmitted in the course of the
reporting year is more than three times higher than those reflected in the previous
year’s annual report. This is of extreme concern.
111. In spite of the large number of cases, underreporting remains a major problem.
More assistance should be provided to family members and members of civil society
to enable them to report cases to the Working Group and more importantly to keep
working on enforced disappearance issues.
112. The Working Group cannot discharge its mandate without the cooperation of
States, particularly in providing information to the families about the fate or
whereabouts of disappeared persons. In that respect, the Working Group welcomes
that a high number of States continued cooperating with the mandate with regular
and substantive replies. At the same time, it remains concerned that a significant
number have never replied to the Working Group or have provided responses that do
not contain any relevant information. The Working Group urges all States to fulfil
their obligations under the Declaration and the relevant resolutions of the General
Assembly and the Human Rights Council to properly investigate cases of enforced
disappearances and to cooperate with the Working Group.
113. During the reporting period, the Working Group continued to observe a
pattern of “short-term” enforced disappearances being used in a number of countries.
The Working Group expresses its deep concern at the phenomenon. It stresses that
there is no time limit, no matter how short, for an enforced disappearance to occur
and that accurate information on the detention of any person deprived of liberty and
their place of detention shall be made promptly available to their family members.
114. The Working Group is concerned about the situation in a number of countries,
as reflected in the present report. It reiterates article 7 of the Declaration, which
provides that no circumstances whatsoever, whether a threat of war, a state of war,
internal political instability or any other public emergency, may be invoked to justify
enforced disappearances. The number of urgent actions sent during the reporting
period, in particular to Egypt and Pakistan, is of serious concern. The Working
Group appreciates that both Governments maintain a fruitful dialogue with the
Working Group and cooperate with the mandate, including through providng
information on cases.
115. The Working Group continues to be concerned about increasing instances of
abductions carried out by non-State actors, which may be tantamount of acts of
enforced disappearances. The Working Group held an expert meeting in February
2016 to discuss the issue and will continue to study whether those situations may fall
under its mandate and, if so, what actions should be taken. The Working Group calls
on all relevant stakeholders to take appropriate measures in relation to the issue and
to provide information to, and share their views on the matter with, the Working
Group.
116. The Working Group continues to note a pattern of threats, intimidation and
reprisals against victims of enforced disappearance, including family members,
witnesses and human rights defenders working on such cases. It calls upon States to
take specific measures to prevent such acts, protect those working on cases of enforced
disappearances and punish the perpetrators, in accordance with article 13 (1) and (3)
of the Declaration. The Working Group reiterates its support for the establishment of
a United Nations-wide senior focal point to engage with all stakeholders, in particular
Member States, to promote the prevention of, protection against and accountability
for reprisals and intimidation related to cooperation with the United Nations, its
representatives and mechanisms (see A/HRC/27/49, para. 119 and A/HRC/30/38,
para. 104). It regrets that still no progress has been made on that matter during the
reporting period.
117. The Working Group has decided to study further the question of enforced
disappearances in the context of migration (see above, paras. 45 ff.). It calls upon all
States to also carefully look into the matter and inform the Working Group of any
measure taken to prevent and combat that phenomenon.
118. Country visits are an integral part of the mandate fulfilled by the Working
Group. Visits allow the Working Group to highlight country practices in addressing
enforced disappearance, to assist States in reducing obstacles to implement the
Declaration and to ensure direct contact with the family members of victims. The
Working Group thanks the Government of South Sudan for the invitation extended
during the reporting period. It also recognizes the support provided by the
Governments of Sri Lanka and Turkey during the visits carried out in the reporting
period. During that period, the Working Group requested visits to Lebanon and
Ukraine, which have both issues standing invitations to special procedures of the
Human Rights Council. In addition to those new requests, the Working Group has
requested in the past — and reiterated during the reporting period — a visit to the
following countries, without having yet received a positive response: Bangladesh,
Bahrain, Belarus, Burundi, China, Egypt, India, Indonesia, Kenya, Nepal, Nicaragua,
the Philippines, the Russian Federation, Rwanda, South Africa, the Syrian Arab
Republic, Thailand, the former Yugoslav Republic of Macedonia, the United Arab
Emirates, Uzbekistan and Zimbabwe. There are other countries that have invited the
Working Group to visit and/or confirmed invitations, but for which specific dates to
visit have not been agreed, such as Algeria, the Islamic Republic of Iran and the
Sudan. The Working Group therefore calls upon all States with pending requests for
visits to respond favourably to them in the light of Human Rights Council resolution
21/4, and those that have agreed to visits to respond as soon as possible with specific
dates.
119. Observing that many of the commissions of inquiry and other fact-finding or
investigative bodies created by the Human Rights Council gather abundant
information on human rights violations, including enforced disappearances, the
Working Group recommends that the Council consider giving the Working Group a
role in the follow-up to these findings once the mandate of those commissions or
bodies ends, including by providing for the possibility of transferring the information
concerning cases of enforced disappearances to the Working Group.
120. The Working Group continues the practice of holding one session per year
outside Geneva to inter alia facilitate the interaction with relatives of the disappeared
and raise awareness of the Working Group’s mandate and activities at the local and
regional level. It appreciates the invitation received from Morocco to host a session
during the reporting period, as well as that from the Republic of Korea to host in
Seoul a session in 2017. The Working Group invites other countries to follow those
good examples.
121. The Working Group once again calls upon States that have not signed and/or
ratified the International Convention for the Protection of All Persons from Enforced
Disappearance to do so as soon as possible and to accept the competence of the
Committee on Enforced Disappearances to receive individual cases under article 31,
and inter-State complaints under article 32 of the Convention.
Annex I
Country visit requests and invitations extended
Invitations extended to the WGEID
Country Date
Albania tbd
Algeriaa tbd
Ecuador tbd
Iran (Islamic Republic of)b tbd
Kyrgyzstan tbd
Libya tbd, postponed
South Sudan Last quarter of 2016
Sudan tbd
Tajikistan tbd
Visits requested by the WGEID
Country Request sent Last reminder sent
Bahrain 27 October 2014 27 November 2015
Bangladesh 12 March 2013 27 November 2015
Belarus 30 June 2011 27 November 2015
Burundi 27 May 2009 27 November 2015
China 19 February 2013 27 November 2015
Egypt 30 June 2011 27 November 2015
India 16 August 2010 27 November 2015
Indonesia 12 December 2006 27 November 2015
Kenya 19 February 2013 27 November 2015
Lebanon 27 November 2015
Nepal 12 May 2006 27 November 2015
Nicaragua 23 May 2006 27 November 2015
Philippines 3 April 2013 27 November 2015
a Please refer to para. 81 of the current document.
b Please refer to para. 29 of the current document.
Visits requested by the WGEID
Country Request sent Last reminder sent
Russian Federation 2 November 2006 27 November 2015
Rwanda 27 October 2014 27 November 2015
South Africa 28 October 2014 27 November 2015
South Sudan 29 August 2011 27 November 2015
Syrian Arab Republic 19 September 2011 27 November 2015
Thailand 30 June 2011 27 November 2015
The former Yugoslav Republic of Macedonia
27 October 2014 27 November 2015
Ukraine 22 April 2016
United Arab Emirates 13 September 2013 27 November 2015
Uzbekistan 30 June 2011 27 November 2015
Zimbabwe 20 July 2009 27 November 2015
A /H
R C
/3 3
/5 1
2 8
Annex II
Statistical summary: cases of enforced or involuntary disappearance reported to the Working Group between 1980 and 2016, and general allegations transmitted
States/entities
Cases transmitted to the Government Cases clarified by: Status of person at date of clarification
Discontinued
cases
Closed
cases
General Allegation
Outstanding cases Total
Government Sources At liberty In detention Dead GA sent Response Cases Female Cases Female
Afghanistan 3 3
Albania 1 1
Algeria 3 139 20 3 168 21 9 20 11 10 8 Yes (2013) Yes
Angola 2 12 1 7 7 3
Argentina 3 244 727 3 446 774 124 78 39 5 158
Bahrain 4 14 2 8 2 8 Yes (2014) Yes
Bangladesh 34 1 36 2 1 1 2 Yes (2011, 2016)
No
Belarus 3 3
Bhutan 5 5
Bolivia (Plurinational State of)
28 3 48 3 19 1 19 1
Bosnia and Herzegovina Yes (2009/2011/
2014)
Yes
Brazil 13 63 4 46 4 1 49
Bulgaria 3 3 3
Burkina Faso 3 3 3
Burundi 53 1 54 1 1 1
Cambodia 1 3 2
Cameroon 14 19 5 4 1 Yes (2016) No
Central African Republic 3 3 Yes (2013) No
Chad 23 34 3 8 9 1 1
Chile 784 63 907 65 100 23 2 121
A /H
R C
/3 3
/5 1
2
9
States/entities
Cases transmitted to the Government Cases clarified by: Status of person at date of clarification
Discontinued
cases
Closed
cases
General Allegation
Outstanding cases Total
Government Sources At liberty In detention Dead GA sent Response Cases Female Cases Female
China 41 23 138 21 78 19 59 36 2 Yes (2010/ 2011)
Yes
Colombia 973 96 1 260 126 219 68 160 24 103 Yes (2012/2013/
2016)
Yes
Congo 89 3 91 3 2
Cuba 1 1 1
Czech Republic Yes (2009) Yes
Democratic People’s Republic of Korea
94 23 94 23 Yes (2012) No
Democratic Republic of the Congo
47 11 56 11 6 3 9 Yes (2015) No
Denmark 1 1 1 Yes (2009) No
Dominican Republic 2 5 2 2 1
Ecuador 5 27 2 18 4 12 4 6
Egypt 226 1 311 3 47 38 9 76 Yes (2011/ 2016)
Yes
El Salvador 2 282 296 2 673 333 318 73 196 175 20 Yes (2015) No
Equatorial Guinea 8 8
Eritrea 62 4 62 4 Yes (2012) No
Ethiopia 112 1 119 2 3 4 2 5
France 1 1
Gambiaa 4 2 12 2 8 8
Georgia 1 1 1
Greece 1 3 2
Guatemala 2 897 372 3 154 390 177 80 187 6 64 Yes (2011/2013)
Yes
Guinea 37 2 44 2 7 7
Guyana 1 1
a At the 107th session, the Working group decided to transfer one case from Senegal to Gambia.
A /H
R C
/3 3
/5 1
3 0
States/entities
Cases transmitted to the Government Cases clarified by: Status of person at date of clarification
Discontinued
cases
Closed
cases
General Allegation
Outstanding cases Total
Government Sources At liberty In detention Dead GA sent Response Cases Female Cases Female
Haiti 38 1 48 1 9 1 1 4 5
Honduras 130 21 210 34 37 43 54 8 18
India 354 11 434 13 68 12 51 7 22 Yes(2009/ 2011/2013)
No
Indonesia 163 3 167 3 3 1 3 1 Yes(2011/ 2013)
No
Iran (Islamic Republic of Iran)
524 102 543 103 14 5 8 2 9
Iraq 16 413 2 300 16 560 2 317 117 30 122 16 9
Ireland Yes (2009) No
Israel 2 3 1 1
Japan*b 4 3
Jordan 4 5 1 1
Kazakhstan 2 2 2
Kenya 72 72 Yes (2011/2014/
2016)
No
Kuwait 2 2
Lao People’s Democratic Republic
2 1 8 1 5 4 1 1
Lebanon 313 19 321 19 2 6 7 1
Libya 18 1 26 1 8 6 2 Yes(2014) No
Lithuania Yes(2012) Yes
Malaysia 2 1 1 1
Maldives 1 1
Mauritania 4 4
Mexico 378 33 558 43 134 30 77 18 69 16 Yes(2013/ 2014)
No
Montenegro 16 1 1 1 14 1
b The four cases were transferred to the Democratic People’s Republic of Korea
A /H
R C
/3 3
/5 1
3
1
States/entities
Cases transmitted to the Government Cases clarified by: Status of person at date of clarification
Discontinued
cases
Closed
cases
General Allegation
Outstanding cases Total
Government Sources At liberty In detention Dead GA sent Response Cases Female Cases Female
Morocco 96 8 330 30 160 53 141 16 56 21 Yes(2013) Yes
Mozambique 2 2
Myanmar 2 1 9 6 7 5 2
Namibia 2 3 1 1
Nepal 461 56 675 72 135 79 153 60 1 Yes(2014) No
Nicaragua 103 2 234 4 112 19 45 11 75
Nigeria 6 6 6
Oman 1 2 1 1
Pakistan 511 2 623 2 56 56 53 42 17 Yes(2015) Yes
Paraguay 0 23 20 19 1 3 Yes(2014) Yes
Peru 2 365 236 3 006 311 253 388 450 85 106
Philippines 625 74 786 94 126 35 112 19 30 Yes(2009/ 2012)
No
Romania 1 1 1
Republic of Korea 3 3
Russian Federation 480 25 492 27 2 10 12
Rwanda 23 2 26 2 2 1 1 1
Saudi Arabia 5 15 4 4 3 4 1 2
Serbia 0 1 1 1
Seychelles 3 3
Somalia 1 1
South Africa 1 1 12 2 3 2 1 1 3 6
South Sudan 2 2
Spain 7 9 2 2 Yes(2014) Yes
Sri Lanka 5 758 100 12 349 170 6 551 40 118 27 6 446 Yes(2011/ 2014)
Yes
Sudanc 174 5 383 37 205 4 209
c In 2012, the Working group decided to transfer one case from Sudan to South Sudan
A /H
R C
/3 3
/5 1
3 2
States/entities
Cases transmitted to the Government Cases clarified by: Status of person at date of clarification
Discontinued
cases
Closed
cases
General Allegation
Outstanding cases Total
Government Sources At liberty In detention Dead GA sent Response Cases Female Cases Female
Switzerland 1 1 1
Syrian Arab Republic 179 11 236 12 15 42 30 21 6 Yes(2)(2011) Yes
Tajikistan 3 10 5 2 1 6
Thailand 82 8 86 8 2 1 1 2 Yes No
The former Yugoslav Republic of Macedonia
Yes(2009) No
Timor-Leste 428 28 504 36 58 18 51 23 2
Togo 10 2 11 2 1 1
Tunisia 2 19 1 12 5 2 15
Turkey 78 2 201 11 73 49 71 24 27 1
Turkmenistan 3 5 2 2
Uganda 15 2 22 4 2 5 2 5
Ukraine 6 8 2 1 1
United Arab Emirates 10 1 42 5 7 25 8 24
United Republic of Tanzania
2 2 2
United States of America 4 5 1 1
Uruguay 17 2 31 7 13 1 5 4 5 Yes(2013/ 2015)
Yes
Uzbekistan 7 20 12 1 2 11
Venezuela (Bolivarian Republic of)
15 2 19 3 4 1 3
Viet Nam 1 2 1 1
Yemen 11 169 135 9 66 5 73 14
Zambia 1 1 1 1
Zimbabwe 5 1 7 1 1 1 1 1 Yes(2009) No
State of Palestine 4 1 4 1
Annex III
Graphs showing the number of cases of enforced disappearances per year and per country according to the cases transmitted by the Working Group during the period 1980–18 May 2016 (only for countries with more than 100 cases transmitted)
5 3 1 1 1 1 1 21
110
1071 062
582
208
56 14 8 1 5 2 2 6 3 2 1 1
0
200
400
600
800
1000
1200
64 66 68 70 72 80 91 92 93 94 95 96 97 98 99200020012002003200620072008200920112012
ALGERIA