A/HRC/16/70 106. Following an armed conflict, bilateral and multilateral cooperation among States in conjunction with humanitarian organizations can lead to more effective assistance to families. States should endeavour to address the humanitarian nature of the problem independently of other inter-State issues so as to avoid causing further distress to the families of missing persons pending the resolution of political issues. 107. Intergovernmental organizations and ICRC, acting in conformity with their respective mandates, should be available to support Government authorities and armed groups in fulfilling their responsibilities. 108. International and regional organizations should encourage inter-State cooperation. They may also have an important role to play on their own. 109. International and regional organizations involved in solving the problem of missing persons should develop cooperation further within their respective mandates while ensuring synergy and avoiding duplication. 110. There is a pressing need to develop cooperation agreements and partnerships not only at the intergovernmental level, but also with national Red Cross and Red Crescent societies, civil society structures and, in particular, with the associations of families of missing persons. 111. Civil society organizations play an important role in addressing different issues such as tracing missing persons and in providing material, social and psychological rehabilitation for affected family members. They should be provided with adequate financial and technical assistance. XIII. Conclusions 112. International obligations to prevent and resolve situations of missing persons as a result of an armed conflict are based on both international humanitarian law and international human rights law. 113. Enacting national legislation is highly important when dealing with the issue of missing persons, preventing people from going missing, ascertaining the fate of missing persons, protecting their rights, ensuring the proper management of information and supporting the families of missing persons. In this respect, a draft model law on missing persons prepared by ICRC is of great importance. 114. States and parties to an armed conflict are obliged to take all appropriate measures to prevent persons from going missing. In particular, members of armed forces or armed groups, as well as other populations at risk, such as isolated populations, civilians in conflict zone, displaced persons, the elderly, women and children, must be properly identified. An information bureau and graves registration service, as provided for under the Geneva Conventions, should be set up. In armed conflicts, ICRC must be granted access to all persons deprived of their liberty for reasons relating to the armed conflict as well as to all particularly vulnerable individuals. 115. All parties to an armed conflict have an obligation to search for the persons reported missing. They should also facilitate enquiries made by members of families, encourage the work of organizations engaged in this task and provide lists showing the exact location and markings of graves, together with data on the deceased interred therein. 116. The right to exchange family news in all circumstances should be recognized. In armed conflicts, when the usual means of communication are disrupted, ICRC 20

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