A/HRC/30/38
Declaration, which provides that no circumstances whatsoever may be invoked to justify
enforced disappearances.
V. Conclusions and recommendations
96.
The Working Group finalized its study on enforced or involuntary
disappearances and economic, social and cultural rights, which is presented as an
addendum to this report (see paras. 52-55 above). It will continue to conduct studies
on thematic issues of relevance to its mandate and has decided to conduct the next one
on enforced disappearances in the context of migration.
97.
Sadly, enforced disappearances are not a crime of the past but continue to be
used 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.
98.
During the reporting period, the Working Group transmitted 384 newly
reported cases of disappearance to 33 States. It used the urgent action procedure in
151 of those cases, which allegedly occurred within the three months preceding the
receipt of the report by the Working Group.
99.
The year 2015 marked the thirty-fifth anniversary of the creation of the
Working Group. The Working Group is grateful to the Government of Argentina for
its invitation to hold the 105th session of the Working Group in Argentina, from 2 to 6
March 2015, in a former secret detention centre, to symbolically mark that date.
Much has been achieved during those 35 years to bring truth and justice to victims,
although it is still too little vis-à-vis the suffering of all relatives who are still searching
for their loved ones. During the reporting period, the Working Group was only able to
clarify 65 cases of enforced disappearance. More than 43,000 cases still remain
unclarified, many dating back decades. Cases remain outstanding with the Working
Group for a number of reasons, notably for the lack of sufficient State willingness,
capacity and/or efforts to establish the fate and whereabouts of the disappeared.
States should urgently take into account the sufferings of the families and strengthen
their efforts to search for the disappeared persons. The Working Group emphasized
in that respect the importance of expanding the use of forensic expertise and DNA
testing.
100. In spite of the large number of cases, underreporting remains a major problem,
and is due to various reasons, including fear of reprisals, weak administration of
justice, ineffectual reporting channels, institutionalized systems of impunity, poverty,
illiteracy, language barriers, a practice of silence and restrictions on the work of civil
society. 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.
101. 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 remains
concerned that, of the 84 States with outstanding cases, 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.
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents