A/HRC/33/51
(a)
(c)
Factors contributing to the enforced disappearance of migrants;
(d)
State obligations in the context of the enforced disappearance of migrants.
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
26
See also Gelman v. Uruguay, Merits and Reparations, Inter-American Court of Human Rights, Series
C No. 221 (24 February 2011).
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.
9
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents