A/HRC/19/58
Annexes
Annex I
Revised methods of work of the Working Group on Enforced
or Involuntary Disappearances
Adopted on 11 November 2011. Applicable as from 1 January 2012.
A.
The mandate
Legal basis for the mandate
1.
The Working Group on Enforced or Involuntary Disappearances’ methods of work
are based on its mandate as stipulated originally in Commission on Human Rights
resolution 20 (XXXVI) and as developed by the Commission and its successor the Human
Rights Council in numerous further resolutions. The parameters of its work are laid down
in the Charter of the United Nations, the International Bill of Human Rights, Economic and
Social Council resolution 1235 (XLI) and the Declaration on the Protection of All Persons
from Enforced or Involuntary Disappearance, adopted by the General Assembly in its
resolution 47/133 of 18 December 1992 (hereinafter referred to as ―the Declaration‖).
Humanitarian mandate
2.
One of the mandates of the Working Group is aimed at assisting families in
determining the fate and whereabouts of their disappeared relatives who are placed outside
the protection of the law. To this end, the Working Group endeavours to establish a channel
of communication between the families and the Governments concerned, with a view to
ensuring that sufficiently documented and clearly identified individual cases which
families, directly or indirectly, have brought to the Working Group’s attention are
investigated with a view to clarifying the fate or whereabouts of the disappeared persons.
In transmitting cases of disappearance, the Working Group deals exclusively with
Governments, basing itself on the principle that Governments must assume responsibility
for any violation of human rights on their territory.
Monitoring mandate
3.
In addition, the Working Group has been entrusted to monitor States’ compliance
with their obligations deriving from the Declaration on the Protection of All Persons from
Enforced Disappearance and of existing international rules and to provide to Governments
with assistance in their implementation
4.
The Working Group reminds the Governments of their obligations not only in the
context of clarifying individual cases but also that of taking action of a more general nature.
It draws the attention of Governments and non-governmental organizations to general or
specific aspects of the Declaration, it recommends ways of overcoming obstacles to the
realization of the Declaration, it discusses with representatives of Governments and nongovernmental organizations how to solve specific problems in the light of the Declaration,
it assists Governments by carrying out on-the-spot visits, organizing seminars and
providing similar advisory services. The Working Group also makes observations on the
implementation of the Declaration when the concerned Government has not fulfilled its
obligations related to the rights to truth, justice and reparation. The Working Group adopts
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