Click on images to enlarge

PDF DOWNLOAD

CONTENTS

Cover

Editorial

Cover Story
Entry into Force of
the International
Convention for the
Protection of All
Persons from Enforced
Disappearance and
Future Perspectives


News Features
The Ratification of the
International Convention for
the Protection of All Persons
from Enforced Disappearance
by Indonesia: The Long-Awaited
Promise…


Victims of Disappearances
– Still Waiting for Justice in
Sri Lanka


From ‘Healing Wounds, Mending
Scars’ to ‘From Survivors to
Healers’


Bogor, Bond and Basho
Memoirs of AFAD Fourth
Congress


UN WGEID and the 1992 UN
Declaration on Disappearances


Hiding Behind Lies

Photo Essay
Ang Mamatay Nang Dahil Sa
Iyo: A Nationwide University
Roadshow on Extra-Legal
Killings and Enforced
Disappearances



On Latin America
Trekking Latin American Terrains
in the Pursuit of Truth and
Justice…


Ciudad Juarez, Mexico:
Laboratory of the Future


Review
Unsilenced: A Review

Reflections from the Secretariat
Bird’s View on the Crows’ Nest: A
Visit to Sri Lanka


Conference Report
Reclaiming Stolen Lives:
Forensic sciences and human
rights investigations conference


Solidarity Message
Thank you very much,
Patricio Rice


Statement
AFAD Statement on the Visit of
UNWGEID to TImor Leste


Odhikar Congratulates
the People of Egypt on their
Victory for Human Rights and
Democracy


Mind Teasers
Crossword

Cryptoqoute

Literary Corner
By the Wayside


Cover Background Source:
“Time Tunnel”
by Thomas Leiser
©www.flickr.com

COVER STORY

 

Entry into Force of the International Convention for the Protection of All Persons from Enforced Disappearance and Future Perspectives

by Gabriella Citroni

 

Note by the author: This contribution is based on excerpts of the transcript of an intervention communications (Arts. 31 and 32 of the Convention).2 delivered by video-message on the occasion of the 4th Japan has recognized only the competence of the Congress of the AFAD held in Bogor, Indonesia on 1-5 Committee with regard to inter-State communications June 2010. The contents have been updated due to (Art. 32 of the International Convention). the deposit of new ratifications to the International Convention for the Protection of All Persons from If we analyze the status of the International Enforced Disappearance (the International Convention) Convention with regard to Asia (notably, the continent and the entry into force of the treaty on 23 December with the highest reported number of enforced 2010. disappearances to the United Nations Working

 

Where does the International Convention stand?

As of the end of February 2011, the International Convention has been signed by 88 States and ratified or acceded by 23 States.1 On 23 November 2010, Iraq became the 20th State party to the International Convention and therefore, pursuant to Article 39 of the latter, the treaty entered into force on 23 December 2010.

The entry into force of the International Convention is a major achievement in the struggle against enforced disappearances as it will constitute an effective means to eliminate this heinous practice and to prevent it from happening again. Nevertheless, this has to be seen as a first crucial step of a long trail.

First, it must be stressed that, out of the 23 States parties, only 7 have recognized the competence of the future Committee on Enforced Disappearance to receive and examine inter-State and individual communications (Arts. 31 and 32 of the Convention).2 Japan has recognized only the competence of the Committee with regard to inter-State communications (Art. 32 of the International Convention).

If we analyze the status of the International Convention with regard to Asia (notably, the continent with the highest reported number of enforced disappearances to the United Nations Working Group on Enforced or Involuntary Disappearances), the situation is far from promising: only Armenia, Japan and Kazakhstan are among the States parties and none of them has recognized the competence of the Committee to receive and analyze individual communications.

Azerbaijan, India, Indonesia, Lao People’s Democratic Republic and Mongolia have signed the International Convention. It is noteworthy that, pursuant to Article 18 of the 1969 Vienna Convention on the Law of the Treaties, a State that has signed a treaty is under an obligation not to defeat the object and purpose of the treaty prior to its entry into force.


What role can the AFAD play in the future?

Provided that, at present, Asian countries represent the minority of the States parties to the International Convention, it appears clear that the AFAD can and must play a crucial role in this sense.

First, it has to play a role in convincing other States from the region to ratify the treaty without further delay and to fully recognize the competence of the Committee to receive and analyze communications; second in lobbying on States that have already signed the International Convention to take a step forward and to ratify the treaty and also recognize the competence of the Committee (in particular India and Indonesia); and third in lobbying on the Asian States parties to make sure that they accept the competence of the Committee with regard to individual communications.

Timor Leste, Nepal, Malaysia and the Republic of Korea represent potential targets for lobbying within the region. Also the Philippines could be a potential target, although it has expressed contradictory statements and positions towards the International Convention.

Further, by June 2011 the Committee on Enforced Disappearances will have to be set up. It will be constituted by 10 independent and impartial experts, who shall be elected by the States parties according to equitable geographical distribution. The composition of the Committee will be of fundamental importance, since the first experts will be those who set the standards for interpretation of the treaty and this can bring major consequences in terms of the level of protection granted to victims of enforced disappearance and their relatives. Therefore, it is essential that the AFAD closely monitors this process and lobbies, together with other associations of relatives of disappeared people from all over the world and other organizations concerned, to obtain the election of highly qualified and engaged experts.

Moreover, the AFAD should continue its already outstanding work in terms of dissemination of the contents of the International Convention and awareness raising, in particular in universities and with judges, lawyers and other concerned categories and civil society in general: it is of the utmost importance that those who will be called to apply the provisions of the treaty get to know them in detail and become familiar with them, as well as with the potential most protective interpretations. In the same context, it is important to continue addressing ministries or high level experts in different countries who can play a role in the ratification of the International Convention: if they get to know the contents of the treaty, it is more likely that the whole process is speeded up.

Furthermore, another field where the AFAD must insist on is the adoption of domestic legislation that criminalizes enforced disappearance and that provides, among other things, the right to know the truth, the right to justice and the right to integral reparation of relatives of disappeared people. Without these domestic legislation, the International Convention risks of remaining an “empty box” and, therefore, this has to be kept in mind. The Philippines and Nepal are the two countries within the region where steps in this direction have already been undertaken and therefore, they should be targeted to eventually finalize the exercise and have domestic laws enacted and implemented. Ideally, this will inspire other countries within the region.

In conclusion, with the entry into force of the International Convention, a huge gap in international human rights law has finally been filled and a clear message has been sent to the international community that enforced disappearances will not be tolerated any longer. The AFAD has played a major function in the very “generation” of the treaty, since it was present and proactive during the whole drafting process and it succeeded in having some fundamental provisions included in the International Convention. Now, the AFAD still has a number of major tasks ahead, in particular in making the International Convention known, widely ratified and, above all, fully implemented.

Note:

1 Albania, Argentina, Armenia, Bolivia, Brazil, Burkina Faso, Chile, Cuba, Ecuador, France, Gabon, Germany, Honduras, Iraq, Japan, Kazakhstan, Mali, Mexico, Nigeria, Paraguay, Senegal, Spain and Uruguay. 

2 Albania, Argentina, Chile, France, Mali, Spain and Uruguay. Recently, on a public occasion, Spain announced that it has also formulated the recognition of the competence of the Committee. However, as of the time of writing, such recognition has not been formally deposited with the Secretary-General of the United Nations.

 

Ph.D. Gabriella Citroni is Researcher in International Law and Professor of International Human Rights Law at the University of Milano-Bicocca (Italy) as well as international legal advisor of the Latin American Federation of Associations of Relatives of Disappeared -Detainees (FEDEFAM).

 


 

The VOICE March 2011

Copyright 2011 www.afad-online.org 
AFAD - Asian Federation Against Involuntary Disappearances
Web Design by: www.listahan.org