A/HRC/27/49
113. In spite of that large number of cases, underreporting remains a major
problem, and is due to various reasons, including fear of reprisals, weak
administration of justice, ineffectual reporting channels, institutionalized systems of
impunity, poverty, illiteracy, language barriers, a practice of silence and restrictions
on the work of civil society. More assistance should be provided to family members
and members of civil society to enable them to report cases to the Working Group.
114. The Working Group is grateful for the cooperation received from a number of
States; such cooperation is indispensable for discovering the fate or whereabouts of
disappeared persons around the globe. Nevertheless, the Working Group remains
concerned that, of the 88 States with outstanding cases, some have never replied to the
Working Group and some provide responses that do not contain relevant information.
The Working Group urges all States to fulfil their obligations under the Declaration
and the relevant resolutions of the General Assembly and the Human Rights Council.
115. The Working Group is concerned that many communications from
Governments are not translated in time, thus delaying their consideration by the
Working Group and limiting its humanitarian mandate.
116. The Working Group is particularly concerned about the extent and scale of
enforced disappearances in certain countries; these include the Democratic People’s
Republic of Korea and the Syrian Arab Republic. The Working Group welcomes the
work of the independent international commission of inquiry on the Syrian Arab
Republic and the commission of inquiry on human rights in the Democratic People’s
Republic of Korea, which have revealed the nature of crime against humanity of
enforced disappearances in those countries. In both cases, the Working Group has
called for action by the highest United Nations bodies to tackle the issue of enforced
disappearance and has requested the Security Council to consider referring those
matters to the International Criminal Court.
117. During the reporting period, the Working Group observed a pattern of shortterm enforced disappearances being used in a number of countries, including Bahrain
and the United Arab Emirates. The Working Group expresses its deep concern at the
phenomenon. It stresses that there is no time limit, no matter how short, for an
enforced disappearance to occur and that accurate information on the detention of
any person deprived of liberty and their place of detention shall be made promptly
available to their family members.
118. The Working Group is also concerned about the deteriorating situation in the
Central African Republic, South Sudan and Ukraine. It reiterates article 7 of the
Declaration, which provides that no circumstances whatsoever, whether a threat of
war, a state of war, internal political instability or any other public emergency, may
be invoked to justify enforced disappearances.
119. The Working Group continues to note a pattern of threats, intimidation and
reprisals against victims of enforced disappearance, including family members,
witnesses and human rights defenders working on such cases. It calls upon States to
take specific measures to prevent such acts, protect those working on cases of enforced
disappearances and punish the perpetrators, in accordance with article 13,
paragraphs 1 and 3, of the Declaration. The Working Group supports the
establishment of a United Nations-wide senior focal point to engage with all
stakeholders, in particular Member States, to promote the prevention of, protection
against and accountability for reprisals and intimidation related to cooperation with
the United Nations, its representatives and mechanisms.
120. Country visits are an integral part of the mandate fulfilled the Working Group.
They allow the Working Group to highlight country practices in addressing enforced
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