A/HRC/13/42*
page 41
persons, with a view to making appropriate recommendations at its thirty-sixth session. It also
requested the Subcommission on Prevention of Discrimination and Protection of Minorities to
consider the subject with a view to making general recommendations to the Commission at its
intervening session.
90. In its resolution 5 B (XXXII), the Subcommission pointed out that the danger involved for
such disappeared persons warranted urgent reaction on the part of all individuals and institutions,
as well as of Governments.150 It considered the question of enforced and involuntary
disappearances at its thirty-fourth session; on 10 September 1981, it adopted resolution 15
(XXXIV), in which it reiterated, inter alia, the right of families to know the fate of their relatives,
and strongly appealed for the reappearance of all detainees held in secret detention.151
91. In 1980, the Commission on Human Rights, in its resolution 20 (XXXVI), created a
working group to examine questions relevant to enforced or involuntary disappearances of
persons. The same year, the General Assembly, in its resolution 35/193, welcomed the
establishment of the group and appealed to all Governments to cooperate with it.
92. The Subcommission decided, in its resolution 1983/23, that, at its next session, it would
prepare a first draft of a declaration against unacknowledged detention of persons, whatever their
condition.152 In 1984, a first draft was discussed in the Subcommission’s Working Group on
Detention, as a result of which the Subcommission, in its resolution 1984/3, requested the
Working Group to submit a revised draft declaration to the Subcommission at its thirty-eighth
session.153 The purpose of the draft was to provide for a commitment that Governments (a)
disclose the identity, location and condition of all persons detained by members of their police,
military or security authorities acting with their knowledge, together with the cause of such
detention; and (b) seek to locate all other persons who have disappeared. In countries where
legislation did not exist to this effect, steps should be taken to enact such legislation as soon as
possible. However, the resolution was not adopted by the Commission on Human Rights in
1985, and was referred back to the Subcommission for reconsideration.154
93. Following the 1988 session of the Working Group on Detention, a draft declaration on the
protection of all persons from enforced or involuntary disappearances was proposed and,
following amendments by the intersessional working group, was adopted first by the
Commission on Human Rights in its resolution 1992/29, then in the same year by the
General Assembly in its resolution 47/133.
150
See E/CN.4/1350.
151
Official Records of the Economic and Social Council, Supplement No. 3 (E/1982/12).
152
E/CN.4/1984/3.
153
Resolution 1984/13; E/CN.4/1985/3, E/CN.4/Sub.2/1984/43, chap. XVIII A.
154
Commission on Human Rights decision 1986/106.
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