A/HRC/42/40
Commissioner for Human Rights on 7 June 2019 40 and is alarmed at reports of large
numbers of disappearances of migrants following interceptions at sea by the Libyan Coast
Guard and from migrant detention centres in the country. The Working Group draws
attention to its report on enforced disappearances in the context of migration
(A/HRC/36/39/Add.2) and urges Libya to implement the recommendations contained in it.
In light of the outrageous attack on the Tajoura Detention Centre in Tripoli on 2 July
2019,41 the Working Group urges the Government to take all measures necessary to search
for and locate the disappeared migrants, using all the means at its disposal, including
forensic investigative resources, and to incorporate ante-mortem information in a
centralized database to allow families of the deceased to have information on the fate of the
victims.
Myanmar
76.
The Working Group continues to be concerned at the scale of enforced
disappearances in Myanmar, as also indicated by the independent international fact-finding
mission on Myanmar (A/HRC/39/64, paras. 2, 63 and 88). The Working Group emphasizes
that, as provided in article 2 of the Declaration, no State shall practise, permit or tolerate
enforced disappearances and that, according to article 7 of the Declaration, no
circumstances whatsoever may be invoked to justify enforced disappearances. The Working
Group endorses the call made by the independent international fact-finding mission on
Myanmar and the Special Rapporteur on the situation of human rights in Myanmar to the
Security Council to refer the situation in Myanmar to the International Criminal Court or,
alternatively, create an ad hoc international criminal tribunal (A/HRC/39/64, para. 105).
77.
The Working Group continues to regret the lack of reply to the general allegation
transmitted on 9 June 2017, related to allegations of widespread enforced disappearances of
Rohingya men, women and children during and following the Tatmadaw led “clearance
operations” in northern Rakhine State (A/HRC/WGEID/112/1, paras. 72–73) and requests
that a reply be provided soon.
Nepal
78.
The Working Group reiterates its previous calls to ensure the effective functioning
of the Truth and Reconciliation Commission and the Commission of Investigation on
Enforced Disappeared Persons. It expresses concern that, while the mandates of the
commissions were extended on 8 February 2019, the extensions were granted once again on
a yearly basis, which can impair the effectiveness of the work of these bodies. The Working
Group also notes that the tenure of the commissioners ended on 13 April 2019, that new
commissioners have yet to be appointed, and that there are concerns regarding the
transparency of the selection process. In that respect, the Working Group calls on the
Government to ensure that the selection process of the new commissioners is promptly
completed in a transparent manner and with the full participation of victims groups.
79.
The Working Group also reiterates its call to accelerate the adoption of the bill that
criminalizes enforced disappearances. It recalls that article 4 of the Declaration states that
all acts of enforced disappearance shall be offences under criminal law punishable by
appropriate penalties which shall take into account their extreme seriousness (para. 1).
80.
On 22 November 2016, the Working Group reiterated its request to visit the country.
No response yet has been received from the Government, in spite of several reminders. The
Working Group hopes to receive a positive reply soon.
40
41
18
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24681&LangID=E.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24784&LangID=E.
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