Consejo de Derechos Humanos: diálogo interactivo sobre Detencionnes Arbitrarias, Desapariciones Forzadas y Desplazados Internos

El pasado 9 de Marzo el Consejo de los Derechos Humanos mantuvo un diálogo interactivo con el Grupo de Trabajo de desapariciones forzadas e involuntarias, el Grupo de Trabajo sobre detenciones arbitrarias, y el representante del Secretario General sobre derechos humanos de personas internamente desplazadas. Los comentarios más importantes sobre desapariciones forzadas se encuentran resumidos más abajo, en inglés. Durante sus intervenciones los representantes de Brasil e Irak comunicaron que ambos Estados se encontraban en el proceso de ratificar la Convención Internacional para la Protección de Todas las Personas contra Desaparición Forzada.

On enforced or involuntary disappearances, speakers said the humanitarian work carried out by the Working Group in all regions of the world highlighted the importance of tackling the issue of enforced disappearances. It also underscored how important it was for the international community to work together to prevent those cases. National delegations underscored that their Governments had adopted a firm commitment to protecting human rights in the field of enforced or involuntary disappearances and underscored that they had worked to prevent this crime and promote truth and justice.

-Interactive Dialogue-

MURILO VIEIRA KOMINSKI (Brazil) said Brazil was in the process of ratifying the International Convention for the Protection of All Persons from Enforced Disappearances. Having ratified the Rome Statute, Brazil was internationally bound with regard to enforced disappearances. The legal framework admitted the State's responsibility for deaths and enforced disappearances of opponents to the military regime, as well as recognized persons who disappeared as a result of their participation, or being accused of having participated, in political activities in the period between September 1961 and August 1979. The law had established the Special Commission on Political Deaths and Disappearances. With regard to the 13 cases that the Working Group on enforced or involuntary disappearances considered as pending in its present report, Brazil would transmit in due time information on two cases. As to other cases, the Brazilian State continued to undertake its efforts in the area of the right to memory and to truth in order to achieve a definite elucidation.

GOPINATHAN ACHAMKULANGARE (India) said India appreciated the work done by the Working Group on enforced or involuntary disappearances. Nevertheless, India expressed its reservation regarding the latest general comment of the Working Group on the issue of enforced disappearances as a crime against humanity, and more particularly its assertion according to which "the definition given by article 7(1) of the Statute of the International Criminal Court now reflected customary international law". India was of the view that the concept of enforced disappearance as a crime against humanity was fairly recent and originally only applied to situations of armed conflict. At its best, it could therefore only be said that the concept was a reflection of the current state of international law, rather than to deem it as having acquired the status of customary international law. Furthermore, citing the judgments of a tribunal like the International Criminal Tribunal for Yugoslavia as evidence of customary international law was highly unpersuasive in the view of India. India also underscored that the Rome Statute did not enjoy universal acceptance, and therefore any new norms enunciated therein could not be taken as evidence of customary international law.

SEBASTIAN ROSALES (Argentina) said with regard to the presentation of the Chairperson of the Working Group on involuntary and enforced disappearances, the humanitarian work done by the Working Group in all regions of the world showed how important the issue of enforced disappearances was, and how important it was for the international community to work together to prevent these cases. Argentina was very pleased to have been visited by the Working Group, and to have hosted a session that same year, in 2008. This was the very first thematic group within the United Nations human rights system, and was created due to the situation of Argentina. Since the restoration of democracy in 1993, Argentina had adopted a firm commitment to the cause of human rights, both nationally and internationally, and had worked to prevent this crime and promote truth and justice, which were national priorities. Argentina had worked to promote the importance and the recognition of this situation internationally. Argentina was one of the few countries that had recognized the competence of the Working Group to receive communications. One of the four priorities of the Working Group was the right to truth, and this went hand in hand with the fight against impunity in the case of enforced disappearances.

AKIO ISOMATA (Japan) said Japan congratulated the Working Group on enforced or involuntary disappearances on its thirtieth anniversary since its establishment in 1980. Japan was concerned that cases of enforced disappearances continued to occur and the Government therefore intended to continue supporting the work of that Working Group. Japan deeply appreciated the Working Group's sincere efforts to urge the Democratic People's Republic of Korea to clarify the whereabouts of the 12 missing persons who had been abducted by the authorities of that country. Japan had deposited with the United Nations Secretary-General the instrument of ratification of the International Convention for the Protection of All Persons from Enforced Disappearance last July, and the Government hoped that as many countries as possible would ratify that Convention and bring it into force in a timely manner.

JOELLE HIVONNET (European Union) said the European Union attached great importance to the mandate of the Working Group on involuntary or enforced disappearances, and commended its work carried out by investigating concrete cases, conducting country visits, formulating recommendations and issuing statements on particular worrying situations, such as Iran. The European Union wished to reiterate its utmost concern about reports of numerous enforced disappearances over the last few months in Iran, and urged the Iranian Government to allow a visit of the Working Group as soon as possible

ALVARO AYALA (Colombia) As for enforced disappearance, Colombia reiterated both its commitment to the mandate of the Working Group and the Government's commitment regarding the fight against enforced disappearance more generally. Nevertheless, it should be noted that in Colombia no "opposition forces" existed except for the illegal armed groups that were financed by drug activities.

LAMINE BENCHERIF (Algeria) said Algeria was committed to promoting and protecting human rights. In that regard Algeria attached particular importance to cooperation and constructive dialogue through different human rights mechanisms. It was in that spirit that Algeria had resumed talks with the Working Group on enforced or involuntary disappearances. It welcomed the constructive spirit of a high level meeting that had taken place between Algeria and the Working Group in 2009. That had given Algeria the opportunity to present results of the Charter for Peace and National Reconciliation. Algeria saw this as the opportunity to say that the tragedy of the disappeared was a consequence of the scourge of terrorism in the country. Treating it through the Charter was essential for coming out of that crisis. That was a solution that had been developed from inside the country. Algeria was fully willing to continue dialogue and cooperation with the Working Group in order to find a definitive solution to pending cases in line with respecting State laws.

SHAVINDRA FERNANDO (Sri Lanka) Sri Lanka also appreciated the report of and the cooperation with the Working Group on enforced or involuntary disappearances. Following careful analysis it appeared that only three cases of enforced or involuntary disappearances had taken place in 2009 which indicated a downward trend of disappearances over the previous years. The Government of Sri Lanka would keep that Working Group informed of the progress achieved in clarifying recent asri Lanka also appreciated the report of and the cooperation with the Working Group on enfowell as past cases that had been brought to the Government's attention. Nevertheless, the lack of precise information made this an arduous and time-consuming task.

ABDELKARIM ABDALLAH (Iraq) thanked the Working Group on enforced or involuntary disappearances and asserted that Iraq had carefully studied the report of that Working Group. That report stated that a former member of the Parliament of Iraq had been arrested and had had his immunity lifted. The delegation said that that did not correspond to the facts since the person in question had not been arrested as he still enjoyed his immunity. That person had fled Iraq and was arrested abroad, and efforts to bring the former Parliamentarian to justice were ongoing. Iraq had expressed its commitment to fully cooperate with the Working Group and underscored that a Government delegation would be taking part in the upcoming meeting of the Working Group. The Government of Iraq was also about to deposit the instrument for ratification of the Convention for the Protection of All Persons from Enforced Disappearance.

SALVADOR TINAJERO (Mexico) Mexico also congratulated the Working Group on enforced or involuntary disappearances and paid tribute to the work of its members. Enforced disappearances generated unimaginable suffering for both the victims and for the concerned families. It was for that reason that Mexico reiterated its commitment to tackling this human rights violation whenever and wherever it occurred. It also asked the Working Group for its opinion on the possibility for it to also follow-up cases of enforced disappearances that took place in contexts of armed conflict.

HARI PRASAD ODARI (Nepal) said Nepal attached great importance to the work of the Working Group on enforced disappearances and its independence and impartiality for the protection and promotion of human rights. The Government had invited the Working Group for a country visit in 2004 at the peak of the conflict and had extended full cooperation to its work. Since then, 214 cases had been clarified as a result of continued cooperation. A good number of such cases remained to be clarified due to the improper recording and reporting of releases and detentions, and confusion over the identity of many individuals as they often concealed their true identity. Though the conflict had been left behind, the Government was committed to finding out the true identity of such persons and it would cooperate with the Working Group to clarify remaining cases, being committed to meting out justice to the alleged incidences of enforced disappearances during the time of the conflict. A draft Bill prepared had been presented to the Parliament, criminalising disappearance as recommended by the Working Group, and forming an independent and impartial commission to investigate and penalise the perpetrators and provide reparation and justice to the victims and their families.

EMMANUEL PINEDA (France) said France thanked the President of the Working Group on enforced or involuntary disappearances for presenting his report. Thirty years after the Working Group had been created, too many cases had not been resolved, as the Group dealt with hundreds of new cases each year. That said something about the persistence of the problem of enforced disappearances. The international community had to step up efforts to fight that scourge. States had to cooperate with the Working Group, namely the 13 countries that had been mentioned in the report, and France urged them to grant visits to the Working Group. Following numerous cases of forced disappearances in Iran over the past few months, France would like Iran to authorize a visit by the Working Group. The Convention on the Protection of All Persons from Forced Disappearances still had not entered into force. France urged States to sign and ratify it in the shortest possible time

AHMED ZAHOOR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the detailed and qualitative report of the Working Group on enforced or involuntary disappearances adequately highlighted this violation of a fundamental human right. The Organization of the Islamic Conference supported the request for the provision of required technical and administrative assistance to the Working Group. The lack of response on cases although worrisome did not necessarily reflect on Member States relationship with the Working Group, as the lack of support in this context also needed to be kept in mind.

DICKY KOMAR (Indonesia) noted the conclusions and recommendations of the Working Group on enforced or involuntary disappearances. It was undeniable that most developing countries continued encountering technical and other challenges with regard to the verification of enforced disappearances, which was an area that was in need of further exploration. As for the report of that Working Group, Indonesia clarified that its Government had responded to the communications addressed to it, noting that it was therefore regrettable that that fact was not appropriately represented in the report, undoubtedly due to technical issues. Indonesia also underscored that claims according to which Mr. Munir Said Talib was killed while traveling to Geneva in 2004 in order to participate in an inter-sessional meeting of the Working Group were erroneous; it was widely acknowledged that that person was on his way to the Netherlands to study for a degree at the University of Utrecht. Finally, while acknowledging that the confidentiality of sources consulted by the Working Group needed to be ensured, the delegation highlighted the importance of cross-checking all information before it was published.

AHMED ZAHOOR (Pakistan) said the Government of Pakistan was undertaking investigations on the alleged six cases of disappearance that had taken place in Pakistan as noted in the report of the Working Group on enforced or involuntary disappearances. Pakistan would communicate the findings of that investigation to the Working Group as soon as they were available. While its Prime Minister had also committed himself in public to address the question of internally displaced persons as efficiently and holistically as possible, it should be noted that many allegations of disappearances did not actually fall into the category of forced or involuntary disappearances, as understood by the United Nations. In fact, thorough investigations often highlighted that missing persons left their homes out of own will and for other reasons. The absence of complete and precise information in that regard added to the problem of localization of such persons.

AHMED HERZENNI, of Advisory Council on Human Rights of Morocco, said the Council welcomed the visit of the Working Group on enforced disappearances to Morocco in June 2009, which was an excellent opportunity to strengthen the fruitful dialogue and cooperation initiated and developed several years ago. The adoption of the mission report was also welcomed, as it shed light on the status of all projects resulting from the momentum generated by the Moroccan experience in transitional justice. The Moroccan authorities had cooperated in an exemplary manner, and the constructive efforts of both parties had resulted in clarifying more than 77 per cent of cases of alleged disappearances that had been submitted to Morocco by the Group. The Advisory Council continued to encourage the Moroccan Government to pursue the process of close cooperation with the Working Group to clarify the 56 outstanding cases.

DAMIEN PERCY, of the International Human Rights Association of American Minorities, noted that the report of the Working Group on enforced or involuntary disappearances showed that in the past year India had not been able to resolve a single outstanding case of disappearances that had been transmitted to it by the Working Group on enforced disappearances and involuntary disappearances. The International Human Rights Association of American Minorities reminded India of its obligation to investigate all cases of enforced disappearances

PEI-LUN TSAI, of International Commission of Jurists, said the report of the Working Group on arbitrary detention documented a wide range of human rights violations as well as the absence of steps aimed at holding officials to justice. The International Commission of Jurists was concerned that while torture and enforced or involuntary disappearances were punishable almost nobody had been charged for such crimes. The International Commission of Jurists was also of the view that only a global report with the participation of all relevant mandate holders could provide an appropriate image of the situation. The International Commission of Jurists remained concerned by ongoing practices of administrative detention without any legal base, and in particular regretted the decision of the United States to hold persons indefinitely without trial. The International Commission of Jurists would like to know the Working Group's view on what individual or collective steps States could take to tackle enforced or involuntary disappearances?

-Concluding Remarks-

JEREMY SARKIN, Chairperson-Rapporteur of the Working Group on Enforced or Involuntary Disappearances, said he wished to thank all those who participated in the dialogue. The spirit in which it was held was extremely useful, particularly in relation to the mandate of the Working Group. The issue of cooperation and support raised by many States was critically important. On the question of independence, the Working Group's independence was key, and the question of funding was an important aspect of determining that it could continue its work. On the mandate and the exercise of the mandate, the question of how it was interpreted and exercised was something that Special Rapporteurs jealously guarded, and the Working Group would make careful choices in this regard. In terms of broad themes of the work of the Group, specific cases were important, and it worked to ensure the fate and whereabouts of those persons. The link to reconciliation, in terms of dealing with the issue of clarifications, was important. The Group looked forward to receiving details from States, as they had promised, such as the Democratic Republic of the Congo. In terms of some of the other issues highlighted throughout the dialogue, these related to responses to questions on allegations received by the Group; there was an inconsistency, as sometimes States did not respond to communications, which caused problems in resolving the issue. On other issues that were raised, such as visits, the 13 countries that had been approached for visits were urged to invite the Group and give it specific dates. The question of impunity was a major issue in terms of dealing with enforced disappearances, indeed a major obstacle. Enforced disappearances could be a crime against humanity when they were systematic or widespread. States should provide reparations to those who had suffered the fate of enforced disappearances, however, it should be borne in mind that reparations were not a substitute for justice or the right to truth. The backlog of communications was also a problem, as the Group had seen its resources reduced.

(Fuente: Human Rights Council)