A/HRC/16/70
Commission for the Search of Missing Persons provides for the representation of human
rights non-governmental organizations through the Colombian Commission of Jurists and
the Family Association of Missing Detainees.
41.
It should be borne in mind that the longer it takes to establish functioning
mechanisms to deal with the issue of the missing, the less likely it will be that the missing
will be identified and returned to their families.
42.
The institution for missing persons should work closely with the judiciary and other
governmental and non-governmental entities, employing a strong coordinating mechanism.
Furthermore, it should cooperate closely with a team of forensic specialists for the recovery
and identification of missing persons, both alive15 and dead.
43.
The said institutions need to be as depoliticized as far as possible, work in a
transparent manner and include, alongside members of Government bodies, representatives
of civil society and also of the families of missing persons.
44.
It is essential that the above-mentioned institutions deal with the issue of missing
persons on both sides of the conflict and not condition their work on the results achieved by
any other side. Their mandates should make it clear that they also have responsibility –
insofar as they have information or control over the relevant territory – for clarifying the
fate of the missing on the other side or sides as well. In addition, the institutions need to
cooperate with their counterparts.
45.
When there is no cooperation between respective institutions of the parties to the
armed conflict, they should consider establishing an international institution for looking
into the issue of the missing, with persons on the institution acting in an individual capacity
but coming from the region and chosen by the different parties to the conflict.
46.
Apart from institutions for missing persons, other instruments and mechanisms
could be explored when dealing with the issue of missing persons. For example, bodies
such as human rights commissions and ombudsmen may be useful. Both usually have a
broad mandate to address human rights violations and should therefore include missing
persons within their authorities.
47.
Furthermore, all justice and rule of law mechanisms, including the judiciary,
parliamentary commissions or truth-finding mechanisms, are of key importance for solving
the issue. Judicial process might, for instance, permit victims’ families to intervene at
various stages of proceedings and exercise their right to know. Also, when tribunals are
investigating the deaths of missing persons, it should be ensured that their work is
conducted in a manner that serves the best interest of the families, in that the latter are
provided with answers, including the identification of the deceased, and brings the persons
responsible for those crimes to justice.
48.
Lastly, truth and reconciliation exercises may have a role to play in clarifying events
and helping communities move forward. Such exercises would undoubtedly benefit
families of the missing persons waiting for answers about the fate of the missing. In its
resolution 12/11, the Human Rights Council emphasized that truth-seeking processes, such
as truth and reconciliation commissions, that investigate patterns of past human rights
violations and their causes and consequences are important tools that can complement
judicial processes and, when established, such mechanisms have to be designed within a
specific societal context and to be founded on broad national consultations with the
inclusion of victims and civil society, including non-governmental organizations.
15
Forensic science has proved essential for the identification and restitution of missing children to their
legitimate families in Argentina.
11
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