INTERNATIONAL CONVENTION

FOR THE PROTECTION OF ALL

PERSONS FROM ENFORCED
DISAPPEARANCE

CPAPED/ICCPED
 History of Enforced Disappearance
 First recognized as a human
rights problem in 1970’s.

 Common in Latin America (Dirty War), Chile and such

geographically diverse countries as Philippines, El Salvador, Sri
Lanka and Syria
 ENFORCED DISAPPEARANCE
arrest, detention, abduction
As defined in Article 2 of the Convention as the
or any other form of deprivation of liberty by agents of the State
or by persons or groups of persons acting with the authorization,
support or acquiescence of the State, followed by a refusal to
acknowledge the deprivation of liberty or by concealment of the
fate or whereabouts of the disappeared person, which place such
a person outside the protection of the law.
 ELEMENTS OF ENFORCED DISAPPEARANCE

(1) Deprivation of liberty against the will of the

person;
(2) Involvement of government officials, at least by
acquiescence;
(3) Refusal to acknowledge the deprivation of liberty
or concealment of the fate or whereabouts of the
disappeared person.
In December 1978 the General Assembly first refers to
the issue of 'Disappeared Persons.
In resolution 33/173 it is 'deeply concerned by reports
from various parts of the world relating to enforced or
involuntary disappearances and asks the Commission
on Human Rights to consider the issue of enforced
disappearances with a view to making appropriate
recommendations.
 a General Assembly resolution was made in
1992 containing 21 articles about enforced
disappearance.
 December 20, 2006 when opened for
signature in Paris

Now with 45 articles

 Modelled heavily on UN Convention Against
Torture
 Article 1 of the Convention further states that

No exceptional circumstances whatsoever, whether a state of

war or a threat of war, internal political instability or any other
public emergency, may be invoked as a justification for enforced
disappearance.
The widespread or systematic use of enforced disappearance is
further defined as a crime against humanity in Article 6.
 The widespread or systematic use of
enforced disappearance is further
defined as a crime against humanity in
Article 6.
Parties to the convention undertake to:

 investigate acts of enforced disappearance and bring those

responsible to justice;
 ensure that enforced disappearance constitutes an offence
under its criminal law;
 Universal Jurisdiction: establish jurisdiction over the offence
of enforced disappearance when the alleged offender is
within its territory, even if they are not a citizen or resident;
(Article 10)
Parties to the convention undertake to:

 cooperate with other states in ensuring that offenders are

prosecuted or extradited, and to assist the victims of
enforced disappearance or locate and return their remains;
 respect minimum legal standards around the deprivation of
liberty, including the right for imprisonment to be challenged
before the courts;
 establish a register of those currently imprisoned, and allow
it to be inspected by relatives and counsel;
Parties to the convention undertake to:

 ensure that victims of enforced disappearance or those

directly affected by it have a right to obtain reparation and
compensation. (Article 24. 4)
 the right to obtain reparation covers material and dangers
and, where appropriate, other forms of reparation such as;
a) Restitution. b) Rehabilitation. c) Satisfication, including
restoration of dignity and reparation. d) Guarantee of non-
repetition. (Article 24. 5)
 The Convention includes an
OPTIONAL COMPLAINTS SYSTEM,
Where citizens of parties may appeal to the Committee
for assistance in locating disappeared person.
 Status: Signatories and Parties
Signatories: 97 countries
Parties: 58 countries (As of January 2018)
 What is the situation in the Philippines now?

According to latest data from FIND, there are at least 1,996

documented cases of enforced disappearance in the Philippines
since the administration of Ferdinand Marcos.
Out of this number, 1,165 are still missing while 587 surfaced alive
and 244 were found dead.
The Marcos dictatorship recorded the most number of victims with
926, followed by Corazon Aquino with 540, and Gloria Macapagal
Arroyo with 336.
In the more than two years of the Duterte presidency, FIND has
documented 23 victims.
Philippines’ Fight Against Enforced Disappearance
Philippines’ Fight Against Enforced Disappearance