A/HRC/10/28
page 7
for example, digging graves or who were involved in transportation to or from the site, may also
provide or corroborate information. The draft notes that, while the identification of remains
currently tends to be based on DNA testing, medical and dental records are nevertheless helpful
in the identification of remains of missing persons if there is no known DNA from the missing
person or there is no living survivor to provide DNA for comparison.1
V. PROVISION OF APPROPRIATE ASSISTANCE TO CONCERNED STATES
18. In its resolution 7/28, the Council urged States and encourages intergovernmental and
non-governmental organizations to take all necessary measures at the national, regional and
international levels to address the problem of persons reported missing in connection with armed
conflicts and to provide appropriate assistance as requested by the concerned States. In terms of
provision of appropriate assistance, the model law on missing persons, developed by ICRC,
offers a framework legislation that is suited and sufficiently extensive to help national authorities
to bring legislation into line with the requirements of international law. The framework is based
on principles of international humanitarian law and other branches of international law, and
international human rights law treaties, applicable in all circumstances. The model law is not
meant to be exhaustive, but simply to present a framework tool providing the basis for
identifying the areas in which measures have to be taken. Depending on the context and the
legislative situation, some of the measures may already have been taken, while others may need
to be developed. The model law could therefore be used in its entirety or in part by national
authorities seeking to enhance the legal framework preventing people from going missing and to
solve the problems of relatives and to uphold their rights.
19. The purpose of the model law is to aid in the development of proposals and
recommendations with the aims of better preventing disappearances and of protecting the rights
of missing persons and their relatives. References to provisions of international humanitarian law
are included in an annex to the document.
20. The model law is accompanied by an article by article commentary to help the lawmaker in
his work. As with any framework legislation or proposal for action, adjustments will need to be
made in accordance with national needs. The model law proposal is organized into a number of
chapters, covering the following areas:
(a) General provisions, which include the objective of the legislation and definitions of
terms, such as missing person and relative of the missing person;
(b) Basic rights and measures relating to the rights of persons deprived of their liberty,
the rights of relatives of persons deprived of their liberty and the rights of relatives to know what
happened to the missing person;
(c) The legal status of missing persons and the rights associated thereto, issues involved
in declaring a person to be missing, the rights of relatives in terms of civil status and any
entitlement to financial assistance or social benefits;
1
See also A/63/299, sect. IV.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents