A/HRC/45/13
IV. Observations
41.
The Working Group welcomes the ratification of the International Convention for
the Protection of All Persons from Enforced Disappearance by Dominica, Fiji, Norway and
Oman in 2019 and 2020. The Working Group further welcomes the nomination of members
of the National Commission for Missing and Forcibly Disappeared Persons in Lebanon,
which was established pursuant to Law No. 105, of 2018, on Missing and Forcibly
Disappeared Persons. The Working Group expresses the hope that the Commission will be
able to receive adequate resources to perform its mandate. The Working Group also
welcomes a decision on the composition of the Commission on Missing Persons, agreed on
by the Ukrainian Cabinet of Ministers, which is expected to ensure the effective functioning
of the body in coordination with relatives of the disappeared. The Working Group also
welcomes the work undertaken by the National Search Commission in Mexico, including
the thorough consultation process that it has spearheaded to finalize a search protocol that
recognizes and benefits from the experience and knowledge of relatives and civil society
organizations, and includes their proposals for best practices.
42.
The Working Group is concerned by the impact of the COVID-19 situation on
enforced disappearances. It has observed that, despite the pandemic, enforced
disappearances have continued in many countries. Additionally, search and investigation
into disappearances has become increasingly difficult given the restrictions in place and in
some cases has been suspended. The Working Group emphasizes that enforced
disappearances remain prohibited in all situations and that search and investigation into
cases cannot be postponed. The Working Group also received reports of disappearances in
new contexts, notably during compulsory quarantine. Additionally, the Working Group is
concerned by reports that in some countries, the bodies of persons who have died of
COVID-19 have not been properly registered and families have been unable to identify the
remains before burial. While saluting the resilience of many families of disappeared
persons, the Working Group also emphasizes that they may be in a particularly precarious
position and should be supported.
43.
The Working Group remains concerned by the lack of engagement and cooperation
from a number of countries. For instance, the Democratic People’s Republic of Korea
continues to send standard replies without substantive information on the cases transmitted.
44.
The Working Group also regrets that the following States, which have cases under
the humanitarian procedure that are still outstanding, have not replied in regard to any cases
during the reporting period (23 May 2019 to 15 May 2020), despite receiving a reminder:
Albania (1 case), Algeria (3,253 cases), Argentina (3,065 cases), Bangladesh (70 cases),
Plurinational State of Bolivia (23 cases), Brazil (13 cases), Burundi (238 cases), Cambodia
(1 case), Cameroon (16 cases), Central African Republic (3 cases), Chad (23 cases), Chile
(785 cases), Congo (89 cases), Democratic Republic of the Congo (48 cases), Dominican
Republic (2 cases), Equatorial Guinea (8 cases), Eritrea (63 cases), Ethiopia (113 cases),
France (1 case), Gambia (13 cases), Greece (1 case), Guatemala (2,897 cases), Guinea (37
cases), Guyana (1 case), Haiti (38 cases), Honduras (130 cases), India (426 cases),
Indonesia (164 cases), Iraq (16,423 cases), Israel (3 cases), Kenya (88 cases), Kuwait (1
case), Lao People’s Democratic Republic (2 cases), Lebanon (315 cases), Mauritania (6
cases), Mexico (357 cases), Mozambique (3 cases), Myanmar (3 cases), Namibia (2 cases),
Nepal (479 cases), Nicaragua (103 cases), Nigeria (7 cases), Oman (1 case), Peru (2,361
cases), Rwanda (25 cases), Seychelles (3 cases), Somalia (1 case), South Africa (2 cases),
South Sudan (3 cases), Sri Lanka (6,117 cases), Sudan (177 cases), Syrian Arab Republic
(485 cases), Thailand (75 cases), Timor-Leste (428 cases), Togo (10 cases), Tunisia (13
cases), Uganda (15 cases), United States of America (4 cases), Uruguay (20 cases), Yemen
(26 cases) and Zimbabwe (5 cases); and State of Palestine (4 cases). The Working Group
recalls that investigations into cases of enforced disappearance should continue until the
fate or whereabouts of the individual or individuals concerned is established, and that,
under the humanitarian procedure, the Working Group requests to be updated on the
investigations being undertaken and the results. The Working Group encourages the States
listed to provide updates on the outstanding cases.
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