A/HRC/4/41
page 2
Summary
Established by resolution 20 (XXXVI) of 29 February 1980 of the Commission on
Human Rights, the Working Group on Enforced or Involuntary Disappearances was the first
United Nations human rights thematic mechanism to be established with a global mandate.
This report, submitted in accordance with Human Rights Council decision 1/102, reflects
communications and cases examined by the Working Group during its sessions in 2006. The
total number of cases transmitted by the Working Group to Governments since the Working
Group’s inception is 51,531. The number of cases under active consideration that have not yet
been clarified or discontinued stands at 41,232 and concerns 79 States. The Working Group has
been able to clarify 2,791 cases over the past five years. During the period under review, the
Working Group transmitted 335 new cases of enforced disappearances to the Governments of
Algeria, Bangladesh, China, Colombia, Guatemala, Honduras, India, the Libyan Arab
Jamahiriya, Nepal, Pakistan, the Philippines, the Russian Federation, Sri Lanka, the Sudan, the
Syrian Arab Republic and Thailand. Of the newly reported cases, 79 allegedly occurred in 2006.
A summary of activities during the last year is presented in a table for each country, with a
detailed text description of the areas of activity.
Concerns of the Working Group include that in numerous post-conflict situations or
where democratic transition follows a period of widespread human rights violations,
disappearances frequently remain unresolved and persecution of people working on
disappearance cases continues for many years. It has been reported that in some countries,
new Governments need to do more to clarify past cases of disappearances and ensure a strong
system of rule of law whereby people are free to pursue truth and justice. In addition, new
Governments need to be assisted with judicial reforms, strengthening State institutions and
re-establishing the rule of law.
The Working Group reiterates its concern that the enactment of amnesty laws and the
implementation of other measures that lead to impunity are contrary to article 18 of the
Declaration on the Protection of All Persons from Enforced Disappearance and may perpetuate
continuing human rights abuses for many years.
In connection with the above, the Working Group is gravely concerned about increasing
numbers of reports it has received in the past year concerning the disappearance of human rights
defenders and acts of intimidation, persecution or reprisal against human rights defenders,
witnesses, legal counsel and relatives of disappeared persons seeking to discover the fate or
whereabouts of those who have disappeared. States are reminded of their obligation under
article 13 (3) of the Declaration to protect against ill-treatment, intimidation or reprisal all
persons involved in the investigation of disappearances.
The Working Group is concerned that in some regions, non-governmental organizations
are not present, organized, or well-funded enough to be able to work effectively on
disappearances.
During the reporting period November 2005 to November 2006 the Working Group
conducted a country visit to Guatemala. The report of the country visit to Guatemala is
contained in an addendum to this report.
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