A/HRC/36/39
V. Conclusions and recommendations
112. The Working Group is seriously concerned that the number of enforced
disappearances continues to be unacceptably high worldwide. A demonstration of this
sad reality is the fact that, during the reporting period, the Working Group
transmitted 1,094 newly reported cases of disappearance to 36 States. It used the
urgent action procedure in 260 of those cases, which allegedly occurred within the
three months preceding the receipt of the report by the Working Group.
113. 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.
114. 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
the fact that a high number of States continued cooperating with it by providing
regular and substantive replies. Other States considerably improved the quality of
their replies by including more detailed and pertinent information. At the same time,
the Working Group remains concerned that many States have never replied to the
Working Group or have provided responses that do not contain any relevant
information or are of a formal and/or procedural nature only, de facto refusing to
cooperate. The Working Group urges all States to fulfil their obligations under the
Declaration on the Protection of All Persons from Enforced Disappearance 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.
115. 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 no
enforced disappearance is acceptable, no matter how short its duration, and that
accurate information on the detention of any person deprived of his or her liberty and
the place of detention should be made available promptly to family members.
116. 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 on the
Protection of All Persons from Enforced Disappearance, 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.
117. The Working Group continues to be concerned about the increase in instances
of abductions carried out by non-State actors, which may be tantamount of acts of
enforced disappearance. The Working Group held an expert meeting in February
2016 to discuss that issue and will continue to study whether those situations fall
under its mandate and, if so, what actions should be taken. The Working Group calls
on all stakeholders to take appropriate measures and to provide information to, and
share their views on this matter with, the Working Group.
118. 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 on the Protection of All Persons from Enforced Disappearance. In
that respect, the Working Group welcomes the appointment by the SecretaryGeneral, in October 2016, of the new Head of the Office of the United Nations High
Commissioner for Human Rights in New York at the level of Assistant SecretaryGeneral. This senior official will lead efforts within the United Nations system to
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