A/HRC/4/41
page 8
I. INTRODUCTION
A. The mandate
1.
The Working Group on Enforced or Involuntary Disappearances was the first
United Nations human rights thematic mechanism to be established with a universal mandate.
The Working Group derives its original mandate from Commission on Human Rights
resolution 20 (XXXVI) of 29 February 1980. This resolution followed General Assembly
resolution 33/173 of 20 December 1978, in which the Assembly expressed concern over reports
from various parts of the world relating to enforced disappearances and requested the
Commission on Human Rights to consider the question of missing or disappeared persons.
2.
The Working Group’s mandate was elaborated in General Assembly resolution 47/133
of 18 December 1992, entitled “Declaration on the Protection of All Persons from Enforced
Disappearance”. The mandate was most recently extended by Commission on Human Rights
resolution 2004/40 of 19 April 2004 and Human Rights Council decision 1/102 of 30 June 2006.
3.
The Working Group’s mandate is humanitarian. It serves as a channel for
communication between family members and Governments. The primary task of the Working
Group is to clarify the fate or whereabouts of persons who are reported to have disappeared.
4.
In addition to its core mandate, the Working Group has also been entrusted, according to
Commission resolution 2004/40, with the task of monitoring the progress of States in fulfilling
obligations derived from the Declaration.
B. Methods of work
5.
The methods of work were most recently revised by the Working Group
(E/CN.4/2002/79, annex I) and approved by the Commission on Human Rights.
6.
The Working Group does not deal with situations of international armed conflict.
7.
The Working Group’s mandate is defined to cover violations carried out by State agents
or non-State actors acting with the acquiescence or consent of the State.
8.
Standard procedure. Reported cases of disappearances are placed before the Working
Group for detailed examination during its sessions. Those which fulfil the requirements as
described in the methods of work are transmitted by letter from the Working Group’s
Chairperson-Rapporteur to the Government concerned through the Permanent Representative to
the United Nations Office at Geneva or New York with the request to inform the Working Group
about the fate or whereabouts of the disappeared persons (generally the current address or
documented record of death or absence). It is common for the Working Group to facilitate
subsequent exchanges of information between the source and the Government until the case is
clarified (see paragraph 11).
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