A/HRC/7/2
page 94
ANNEXES
Annex I
REVISED METHODS OF WORK OF THE WORKING GROUP
(adopted on 30 November 2007)
Mandate
1.
The Working Group’s methods of work are based on its mandate, as stipulated originally
in Commission on Human Rights resolution 20 (XXXVI) and as developed by the Commission
in numerous further resolutions. The parameters of its work are laid down in the Charter of the
United Nations, the International Bill of Human Rights, Economic and Social Council
resolution 1235 (XLI) and the Declaration on the Protection of All Persons from Enforced
Disappearance, adopted by the General Assembly in its resolution 47/133 of 18 December 1992
(hereinafter referred to as “the Declaration”).
Definition of enforced disappearance
2.
As defined in the preambular part of the Declaration, enforced disappearances occur when
persons are arrested, detained or abducted against their will or otherwise deprived of their liberty
by officials of different branches or levels of Government or by organized groups or private
individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of
the Government, followed by a refusal to disclose the fate or whereabouts of the persons
concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons
outside the protection of the law. Enforced disappearance has been defined as a crime against
humanity in article 7 (1) (i) of the Rome Statute of the International Criminal Court.
Basic mandate
3.
The basic mandate of the Working Group is humanitarian in nature, aimed at assisting
families in determining the fate and whereabouts of their missing relatives who, having
disappeared, are placed outside the protection of the law. To this end, the Working Group
endeavours to establish a channel of communication between the families and the Governments
concerned, with a view to ensuring that sufficiently documented and clearly identified individual
cases which families, directly or indirectly, have brought to the Group��s attention are
investigated with a view to clarifying the fate or whereabouts of the disappeared persons.
The Declaration
4.
In addition to its original mandate, the Working Group has been entrusted by the
General Assembly, the former Commission on Human Rights and its successor, the Human
Rights Council, with various tasks. In particular, the Working Group is to monitor States’
compliance with their obligations deriving from the Declaration on the Protection of All Persons
from Enforced Disappearance and to provide to Governments assistance in its implementation.
States are under an obligation to take effective measures to prevent and terminate acts of
enforced disappearance by making them continuing offences under criminal law and establishing
civil liability of those responsible. The Declaration also refers to the right to a prompt and
effective judicial remedy, as well as unhampered access of national authorities to all places of
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