A/HRC/10/9
page 92
Annex 1
REVISED METHODS OF WORK OF THE WORKING GROUP ON
ENFORCED OR INVOLUNTARY DISAPPEARANCES
(Adopted on 4 December 2008)
Mandate
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 then
Commission and the Human Rights Council 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 or Involuntary 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
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.
Basic mandate
The basic mandate of the Working Group is humanitarian in nature, aimed at assisting
families in determining the fate and whereabouts of their disappeared relatives who 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
In addition to its original mandate, the Working Group has been entrusted by the General
Assembly, the then Commission on Human Rights and 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 detention, the right to habeas corpus,
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