A/HRC/33/51
Human and Peoples’ Rights of the new Principles and Guidelines on Human and Peoples’
Rights while Countering Terrorism in Africa. 19
45.
On 26 April 2016, the Working Group, jointly with other special procedure mandate
holders, issued a press release at the occasion of the final report by the Interdisciplinary
Group of Independent Experts of the Inter-American Commission on Human Rights,
emphasizing that much still needed to be done in Mexico to bring truth and justice in
relation to the case of the of the 43 student teachers of Ayotzinapa, disappeared in
September 2014.20
G.
Enforced disappearance in the context of migration
46.
The phenomenon of disappearances of migrating individuals in transit and in
destination countries is increasingly being documented by States, non-governmental
organizations and the media.
47.
During its 105th session, and later in its 2015 annual report (see A/HRC/30/38, para.
96), the Working Group announced that it would address the issue of enforced
disappearances in the context of migration. In the present document, the Working Group
outlines the main issues surrounding the phenomenon of enforced disappearances of
migrants, with the aim of further studying it over the course of the next reporting cycle,
including through expert meetings and/or consultations with other relevant actors working
on and interested in the issue.
48.
The study will focus on enforced or involuntary disappearances of persons21 in the
context of migration. It will also examine other similar practices undertaken by private
actors in the context of migration, including acts of human trafficking or smuggling of
migrants, which could be tantamount to enforced or involuntary disappearances.22
49.
While there is no universally recognized definition of the concept of migrant, the
Working Group will refer to it as any person who is outside a State of which he or she is a
citizen or national, or, in the case of a stateless person, his or her State of birth or habitual
residence.23 Accordingly, for the purpose of the study, the Working Group will consider the
term “migrants” as encompassing asylum seekers and refugees, as well as persons who
migrate for economic, labour, climate or other reasons.24
50.
In the short presentation of that theme in the present report, the Working Group
briefly highlights the following issues, with the aim of further analysing them over the
course of the coming months:
19
20
21
22
23
24
8
(a)
Migration caused by enforced disappearances;
(b)
Enforced disappearances of migrants;
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19790&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=19883&LangID=E.
See preamble of the Declaration. See also International Convention for the Protection of All Persons
from Enforced Disappearance.
See article 3 of the Convention.
See OHCHR, Recommended Principles and Guidelines on Human Rights at International Borders
(2014) chap. I, para. 10. Available from www.ohchr.org/Documents/Issues/Migration/
OHCHR_Recommended_Principles_Guidelines.pdf. See also E/CN.4/2000/82, para. 36.
See, for example, www.unhcr.org/en-us/mixed-migration.html. See also International Organization
for Migration, Glossary on Migration (2014). Available from
www.iomvienna.at/sites/default/files/IML_1_EN.pdf.
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