A/HRC/16/48 Annex I Methods of work of the Working Group on Enforced or Involuntary Disappearances as adopted on 14 November 2009 A. The mandate Legal basis for the mandate 1. The Working Group on Enforced or Involuntary Disappearances’ methods of work are based on its mandate as stipulated originally in Commission on Human Rights resolution 20 (XXXVI) and as developed by the Commission and its successor 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”). Humanitarian mandate 2. The basic mandate of the Working Group (WGEID) 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 WGEID 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. In transmitting cases of disappearance, the WGEID deals exclusively with Governments, basing itself on the principle that Governments must assume responsibility for any violation of human rights on their territory. Monitoring mandate 3. In addition to its original mandate, WGEID has been entrusted by the General Assembly, the former Commission on Human Rights and the Human Rights Council with various tasks. In particular, WGEID 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 with assistance in its implementation. 4. The Working Group reminds the Governments of their obligations not only in the context of clarifying individual cases but also that of taking action of a more general nature. It draws the attention of Governments and non-governmental organizations to general or specific aspects of the Declaration, it recommends ways of overcoming obstacles to the realization of the Declaration, it discusses with representatives of Governments and nongovernmental organizations how to solve specific problems in the light of the Declaration, it assists Governments by carrying out on-the-spot visits, organizing seminars and providing similar advisory services. WGEID also makes observations on the implementation of the Declaration when the concerned Government has not fulfilled its obligations related to the rights to truth, justice and reparation. The WGEID adopts general comments whenever it considers that a provision of the Declaration requires further clarification or interpretation. 126