A/HRC/18/25 had constituted a working group composed, among others, of geneticists, forensic anthropologists and experts in bioethics, with the support and technical assistance of the ICRC. The working group developed a draft manual for the application of forensic genetics and the creation and management of genetic databases in the context of investigations of violations of human rights and international humanitarian law. In this context, Argentina organized a meeting with forensic genetics experts within the framework of the second Latin American Congress on Human Genetics, held in Costa Rica in May 2011, at which the opinions of the participants were sought on the relevance, usefulness and quality of the draft manual. 19. The Government of Bahrain stated that there had not been any cases of unidentified dead reported during the recent incidents in Bahrain, and that all the bodies had been identified and returned to the families. As such, no genetic analysis was required, although Bahrain does have a facility to carry out genetic identification and analysis. 20. The Government of Bosnia and Herzegovina noted that the Code of Criminal Procedure provides the legal framework for conducting DNA analysis. The Clinical Centre of the University of Sarajevo has been conducting forensic genetics analyses in respect of serious crimes since mid-1999, primarily on behalf of the Office of the Prosecutor. In addition, the Institute for Forensic Medicine at the University of Sarajevo uses DNA analysis to identify victims of the conflict in Bosnia and Herzegovina in the 1990s. The experience of the Institute indicates that the taking of DNA samples, their transportation to the place of analysis, the reporting of results, and access to genetic databases must be regulated. Furthermore, the Institute for Genetic Engineering and Biotechnology has been trying to help the Government to establish a genetic database. This Institute expressed the view that human rights must be taken into account when creating a genetic database, primarily those rights relevant to the entering of DNA profiles into the database and the preservation of biological traces. In this regard, it noted that there is a database for the identification of the victims of the conflict in Bosnia and Herzegovina and that the data stored therein should not be used in criminal forensic analysis. Finally, the Missing Persons Institute of Bosnia and Herzegovina expressed support for the development of a manual for the effective application of forensic genetics. 21. The Government of Canada noted that there is no legislation in Canada enabling the use of DNA analysis for the identification of missing persons. However, the Forensic Science and Identification Services, a unit of the Royal Canadian Mounted Police (RCMP), provides assistance in the identification of missing persons following conflicts and disasters, which typically involves the use of DNA analysis and fingerprinting, as well as other RCMP forensic science and investigative expertise. The RCMP was informed by the Department of Justice that there are no legal impediments to it providing such assistance, although legislation prevents the use of Canada’s National DNA Data Bank (NDDB) and cross-referencing of its indices (Convicted Offender Index and Crime Scene Index) for humanitarian or missing person identification purposes. The statutory use of DNA information contained in the NDDB is for criminal investigation, and DNA profiles and genetic information must be removed if it is discovered that they are from a victim. Canada noted that it had one of the strongest provisions “in legislation and intent” for the protection of security and personal information, particularly regarding the use of DNA information and the principles and processes of its retention. 22. With regard to the development of a manual on the application of forensic genetics, Canada noted that several manuals regarding mass disaster victim identification already existed, and that a new manual on the application of forensic genetics would essentially contain the same information. However, it suggested that a clear legal definition of serious human rights violations, such as enforced disappearances, and how this is integrated with other United Nations programmes relating to the exploitation of persons and transborder 9

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents