Enforced disappearances and the UN Human rights mechanisms Mapping Enforced Disappearances and the Missing

Who is Alkarama? Swiss NGO established in 2004 Headquarters in Geneva & office in Beirut Team of lawyers providing legal assistance to victims of human rights violations in the Arab world Interacts with the UN human rights mechanisms Treaty Bodies Special Procedures Human Rights Council Mandate: Enforced disappearances, torture, extrajudicial executions, arbitrary detention

Raising cases of disappearances with the UN 1. Individual complaints on behalf of victims, their families, human rights defenders or NGOs to: A. UN Working Group on Enforced or Involuntary Disappearances (WGEID) B. Human Rights Committee (HR Committee) C. Committee on Enforced Disappearances (CED) 2. Country situations A. Reviews of States by The Treaty Bodies B. Universal Periodic Review (UPR) C. Human Rights Council complaint mechanism

1. Individual complaints Individual complaints can be filed: On behalf of victims to request the authorities to release them, to place them under the protection of the law or to clarify their fate and whereabouts On behalf of human rights defenders or NGOs victims of reprisals for their work documenting enforced disappearances

A. The Working Group on Enforced or Involuntary Disappearances Group of five experts – 3 sessions every year (February, May, September) Established in 1980 to assist families in determining the fate and whereabouts of their relative Acts in a humanitarian capacity → channel of communication between victim’s families and the governments Procedures: Communications General allegation Country visits

A. WGEID - Procedures Individuals communications Urgent appeals: For victims disappeared less than 3 months ago Rapidly transmitted to the Ministry of Foreign Affairs Standard communications: For cases of disappearances reported after three months Examined during one of the three yearly sessions Prompt interventions for reprisals: Cases of intimidation, persecution or reprisal against relatives of victims of disappearances, NGOs, human rights defenders The State has to reply to the allegations sent by the WGEID, but does not always do it.

A. WGEID - Procedures How to submit a case to the WGEID: Accepts cases from any country in the world No need to exhaust domestic remedies A case should always indicate: Full name of victim Day, month, year of disappearance Place of disappearance State or State-sponsored forces considered responsible Information about any search that has been made Identity of the person submitting the communication

A. WGEID - Procedures Oustanding cases before the WGEID (transmitted to govts between 1980-2016) Algeria 3159 Armenia Azerbaijan Cyprus Egypt 227 Georgia Iran 626 Iraq 18713 Lebanon 332 Morocco 104 Syria 190

A. WGEID - Procedures General allegations The WGEID transmits a summary of allegations received from victims’ relatives and NGOs on obstacles encountered with the implementation of the Declaration on the Protection of all Persons from Enforced Disappearances So far, allegations were transmitted to: Algeria (2013) Egypt (2011, 2016) Morocco (2013) Syria (2011)

A. WGEID - Procedures Country visits Visits requested by the WGEID Undertaken only at the invitation of a government WGEID may solicit an invitation During visit, WGEID meets with government authorities, NGOs, representatives of the legal profession, relatives of disappeared persons WGEID identifies key factors and solutions Visits requested by the WGEID Algeria (accepted but pending) Egypt (requested in 2011, no response) Iran (requested in 2008, no response) Iraq (requested in 1999, no response) Lebanon (requested in 2015, no response) Syria (requested in 2011, no response) Visits conducted Morocco (2009)

B. Human Rights Committee Body of 18 independent experts monitoring the implementation of the International Covenant on Civil and Political Rights (ICCPR) May review communications alleging violations of the ICCPR by States parties to the First Optional Protocol to the ICCPR Algeria Azerbaijan Cyprus Georgia Condition: Exhaustion of domestic remedies Advantage: decision is binding on the State

B. Human Rights Committee What information should a complaint include? Basic personal information of the victim Proof of the victim’s consent Account of the facts Steps taken to exhaust all available judicial and administrative remedies Arguments as to why the case amounts to a violation of the ICCPR Relevant documents

C. Committee on Enforced Disappearances Body of 10 independent experts monitoring the implementation of the International Convention for the Protection of all Persons from Enforced Disappearance by State parties State of ratification: Armenia, Iraq and Morocco are State parties Algeria, Azerbaijan, Cyprus and Lebanon signed but did not ratify Under article 30, the Committee can receive requests for urgent actions to ensure the State party takes all necessary measures to seek and find a disappeared person

C. Committee on Enforced Disappearances Requirements to fill an urgent action: An urgent action must not have been filled with another international procedure (e.g. WGEID) The case must have been presented to the competent bodies of the State for investigation The events in question must have occurred after the entry into force of the Convention

2. Country situations General country situation in relation with enforced disappearances can also be raised with the UN human rights mechanisms through Reviews of States by The Treaty Bodies Universal Periodic Review (UPR) Human Rights Council complaint mechanism

A. Review of States by UN Treaty Bodies Once a State has ratified a treaty, obligation to submit periodic reports to the Committees 3 Treaty Bodies before which the situation of enforced disappearances can be raised: Committee on Enforced Disappearances Human Rights Committee Committee against Torture Disappearance is conducive to torture Secret detention is per se a form of torture

A. Review of States by UN Treaty Bodies How does a review work? State submits its national report NGOs are invited to submit shadow reports The State is reviewed during a session of the Treaty Body through an interactive dialogue between the UN experts and the State delegation The Treaty Body issues concluding observations and recommendations Follow-up: States must report back on measures taken or priority concerns Role of NGOs: publicise the review, disseminate the concluding observations and follow-up on their implementation

B. Universal Periodic Review Human Rights Council periodically reviews fullfilment by all UN Member States of their human rights obligations Four-year cycle: 2017-2021 → Third cycle Cooperative mechanism based on an interactive dialogue between the State under review and other Member States Steps: Preparation of information by the OHCHR Review by Human Rights Council Consideration of recommendations and adoption of review outcome documents

B. Universal Periodic Review Algeria May 2017 Armenia January 2020 Azerbaijan April 2018 Cyprus January 2019 Egypt October 2019 Georgia October 2020 Iran Iraq Lebanon Morocco Syria October 2021

B. Universal Periodic Review How can NGOs participate? Submit a report ahead of the UPR which will be integrated into a summary of stakeholders’ submissions by the OHCHR Lobby Member States before the review to make sure your key concerns are raised (UPR Info) For NGOs with the ECOSOC status, take the floor during the adoption of the outcome document Follow-up on the implementation of accepted recommendations

C. Human Rights Council (HRC) Complaint procedure of the HRC Consistent patterns of gross and reliably attested human rights violations in any part of the world and under any circumstances The Working Group on Communications and then the Working Group on Situations examine communications and bring them to the attention of the HRC The HRC may decide to: Discontinue its consideration of a situation Keep a situation under review Appoint an independent exert to monitor the situation Recommend that OHCHR provides technical cooperation, capacity-building assistance or advisory services to the State

C. Human Rights Council Criteria for a communication to be accepted for examination Not politically motivated Gives a factual description of the alleged violations Language must not be abusive Person, group of persons or NGOs submitting the complaint must have direct and reliable knowledge of the violations Not exclusively based on reports disseminated by mass media Must not be already dealt with by another UN mechanism Domestic remedies must be exhaused, unless ineffective or prolonged

Mapping Enforced Disappearances and the Missing Questions? Mapping Enforced Disappearances and the Missing