A/HRC/16/70
76.
States should consider recognizing missing civilians as war victims and including
their families in the system of social benefits, as provided for families of missing
servicemen.
77.
The right of relatives of missing persons to be granted reparation should be ensured.
78.
States should provide support for civil society initiatives in favour of the families of
missing persons and those linked with solving the issue of missing persons.21 Furthermore,
they should facilitate contacts, including cross-border contacts, between families of missing
persons.
79.
The international community and national authorities could play a more proactive
role in assisting the families of missing persons to organize themselves, including through
the provision of funding, the provision of premises and equipment for communication. It is
important that this support be not politicized and that the families of missing persons be
allowed to run their own independent organizations.
X.
Management of the dead and identification of human
remains
80.
National legislation should contain provisions governing the situation of the dead
and human remains.22 All suspicious deaths should be investigated and the deceased
identified.
81.
The main principle is that the dead should be searched for, recovered and identified
without distinction. Proper recovery, management, examination, identification, storage or
burial, and repatriation of human remains and corpses should be ensured. The dead should
be treated with respect and dignity throughout. They should be buried in clearly marked
graves in sites that are identified and registered and which allow for the tracing and
recovery of the individual remains when required. Parties to an armed conflict must
endeavour to facilitate the return of the remains, upon request of the party to which they
belong or of the next of kin. Missing persons’ relatives have the right to demand that places
of burial of their loved ones be marked and protected. Adequate training and information on
the management of the dead and their identification should be provided to members of the
armed forces as well as relevant services involved in the collection and management of the
dead.
82.
The identification, mapping and preservation of burial sites are an important step. As
time passes and those with information move away or die, it becomes increasingly
important that this aspect of the issue of missing persons be addressed. Information needs to
be collected from different sources, including high-ranking officers, combatants and
civilians, who may have information concerning burial sites. Cross-border agreements
should be established with neighbouring countries where there is reasonable suspicion that
gravesites may exist. The discovery of burial sites can be important not only in tracing
missing persons but also in the identification of the commission of crimes and their possible
subsequent prosecution.
21
22
16
Information on civil society organizations, family organizations and relevant networks were provided
in the replies to the questionnaire submitted by Bosnia and Herzegovina, Guatemala, Jamaica, Mexico
and Serbia.
Information on forensic capacities, the management of the dead and the identification of human
remains was given in the replies to the questionnaire submitted by Argentina, Armenia, Bosnia and
Herzegovina, Guatemala, Mexico, Serbia and Spain.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents