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Contents: Introduction | Sri Lanka | Conclusions and Recommendations | Adoption of the Report | Decisions on individual cases taken by the Working Group during 1996 | Statistical summary: Cases of enforced or involuntary disappearances reported to the Working Group between 1980 and 1996 | Graphs showing the development of disappearances in countries with more than 100 cases transmitted during the period 1974-1996
1. The present report of the Working Group on Enforced or Involuntary Disappearances is
submitted pursuant to Commission on Human Rights resolution 1996/30, entitled
"Question of enforced disappearances". (1) In addition to the specific tasks entrusted to the Working
Group by the Commission in this resolution, the Group has also taken into account other
mandates stemming from a number of resolutions adopted by the Commission (2) entrusted to all special rapporteurs
and working groups. All these tasks have been given due consideration by the Working Group
in the course of 1996; in view of the financial crisis of the United Nations and the page
limit imposed on all reports, however, the Working Group decided not to reproduce the
content of these resolutions as it has done in the past.
2. In addition to its original mandate, which is to act as a channel of communication
between families of disappeared persons and the Governments concerned, with a view to
ensuring that sufficiently documented and clearly identified individual cases are
investigated and the whereabouts of the disappeared persons clarified, the Working Group
has been entrusted by the Commission with various other tasks. In particular, the Working
Group is to monitor States' compliance with their obligations deriving from the
Declaration on the Protection of All Persons from Enforced Disappearance. (3) States are under an obligation to take
effective measures to prevent and terminate acts of enforced disappearance, by making them
continuing offences under criminal law and establishing civil liability.
3. As in previous years, the Working Group has continued to apply the urgent action
procedure in cases that allegedly occurred in the three months preceding the receipt of
the report by the Group. This year the Working Group sent urgent action appeals to
Governments in respect of 97 cases. It has also promptly intervened with the
Governments of Argentina, Brazil, Colombia and Mexico on cases in which relatives of
missing persons, or other individuals or organizations which have cooperated with the
Group, or their legal counsel, are said to have been subjected to intimidation,
persecution or other reprisals.
4. The total number of cases being kept under active consideration as they have not yet
been clarified now stands at 43,980. The number of countries with outstanding cases of
alleged disappearance was 63 in 1996. During the period under review, the Working Group
received some 551 new cases of disappearance in 28 countries.
5. As in the past, the present report reflects only communications or cases examined
before the last day of the third annual session of the Working Group, which was 22
November 1996. Urgent action cases which may have to be dealt with between that date and
the end of the year, as well as communications received from Governments and processed
after 22 November 1996, will be reflected in the Working Group's next report.
6. Finally, the Working Group feels obliged to again draw the Commission's attention to
the 32-page limit for reports decided by the General Assembly. The Group fully understands
the efforts of the United Nations to reduce costs. However, while 32 pages may be a
reasonable limit for certain reports, it is certainly not the case for the thematic report
of this Working Group, which deals with almost 70 countries, tens of thousands of
individual cases and the monitoring of the Declaration on the Protection of All Persons
from Enforced Disappearance. The Working Group has made and is continuing to make, efforts
to reduce the length of its report. It has, for example, reduced the number of pages in
its report from 180 in 1993 to 117 last year. The members have also agreed to work without
interpretation amongst themselves. Any further reduction, however, could seriously hinder
the quality of the Group's work.
7. The Working Group also wishes to express its concern that many of those contributing to
and interested in the Group's work were unable to read last year's report since it was not
translated. It views this situation with the utmost preoccupation.
[back to the contents]
317. During the period under review, the Working Group transmitted 34 newly reported
cases of disappearances to the Government of Sri Lanka, 16 of which were sent under the
urgent action procedure. Of the 16 urgent action cases, four reportedly occurred in 1996.
318. Since the establishment of the Working Group in 1980, 11,513 cases of disappearance
alleged to have occurred in Sri Lanka have been reported to the Working Group. The cases
occurred in the context of two major sources of conflict in that country: the
confrontation of Tamil separatist militants and government forces in the north and
north-east of the country and the confrontation between the People's Liberation Front
(JVP) and government forces in the south. Cases reported to have occurred between 1987 and
1990 took place mostly in the Southern and Central Provinces of the country, during a
period in which both security forces and JVP resorted to the use of extreme violence in
the contest for State power. In July 1989, the conflict in the south took a particularly
violent turn when JVP adopted even more radical tactics, including enforced work
stoppages, intimidation and assassination, as well as targeting the family members of the
police and army. To thwart the JVP military offensive, the State launched a generalized
counter-insurgency campaign and the armed forces and the police appear to have been given
wide latitude of action to eliminate the rebel movement and restore law and order in any
way they saw fit. By the end of 1989, the armed forces had put down the revolt, having
succeeded in capturing and executing the nucleus of the JVP leadership.
319. Cases reported to have occurred since 11 June 1990, the date of resumption of
hostilities by the Liberation Tigers of Tamil Eelam (LTTE), have taken place primarily in
the Eastern and North-Eastern Provinces of the country. In the north-east, the persons
most often reported detained and missing were young Tamil men accused or suspected of
belonging to, collaborating with, aiding or sympathizing with LTTE. Tamil persons
internally displaced owing to the conflict and staying in informal shelters such as church
or school centres were the group particularly at risk of detention and disappearance. The
most frequently utilized method of detention in the north-east was the cordon-and-search
operation in which the army, often in conjunction with the police, and particularly the
Special Task Force, went into a village or a rural area and detained scores of persons.
Many were released within 24 to 48 hours, but a percentage of the persons remained in
custody for questioning.
320. Out of concern at the situation of disappearances in Sri Lanka, and at the invitation
of the Government of Sri Lanka, the Working Group undertook two missions to that country
from 7 to 18 October 1991 and from 5 to 15 October 1992. The reports of the
Working Group are contained in documents E/CN.4/1992/18/Add.1 and E/CN.4/1993/25/Add.1.
321. The majority of the newly reported cases occurred between mid-1995 and early 1996
following the resumption of hostilities between government forces and LTTE, and concerned
young Tamil men, many of them poor farm labourers, fishermen or students from Trincomalee,
Batticaloa, Colombo and Jafna.
322. According to information received by the Working Group from non-governmental
organizations, during the past year the most intense fighting since hostilities broke out
13 years ago has taken place, and along with it there are renewed reports of
disappearances, particularly in Colombo and in the eastern part of the country. The victims of disappearances are reported to be, in the vast majority,
Tamil farmers and labourers, frequently from poor families. Those responsible
reportedly include all branches of the security forces, Muslim and Sinhalese home guards
and armed Tamil groups opposed to LTTE.
323. It was also alleged that there is a lack of progress in prosecuting some 172
police officers who have reportedly been implicated in cases of disappearance in the
central provinces, despite the fact that there is said to be sufficient information to
indict many of these officers in the courts. It was further alleged that the military
authorities have failed to take action against some 200 army officers, said to have been
implicated in cases of disappearance during the course of an investigation by the
Presidential Commissions of Inquiry into Involuntary Removal and Disappearances, despite a
directive reportedly issued by the President to the Ministry of Defence to this effect.
324. Moreover, concern has been expressed at the duration of the mandate of the
Commissions of Inquiry, which are said to be currently investigating the fate of 23,000
disappeared persons in the northern and eastern parts of the country. It is said that the
three-month extension of the Commissions' mandate granted by the President is insufficient
to bring the details of the cases of disappearance to light. It is further reported that
the payment of compensation to affected families has been very slow; less than 5 per cent
of them are said to have been compensated so far.
325. It was further alleged that the Government has refused to amend provisions of the
Prevention of Terrorism Act and the Emergency Regulations, which reportedly remain far
from international standards and are said to facilitate the practice of disappearances and
other human rights violations. It is stated that safeguards installed by presidential
directives in 1995 to protect the welfare of detainees are not complied with, and action
is reportedly not taken against members of the security forces for violating them.
326. During the period under review, no new information was received from the Government
of Sri Lanka concerning the outstanding cases. The Working Group is, therefore, unable to
report on the fate and whereabouts of the disappeared persons.
Observations
327. The Working Group wishes to express its concern at the continuing high level of newly
reported cases of disappearance in Sri Lanka. While taking into account the legitimacy of
derogating from some human rights commitments, in accordance with international law, in
times of public emergency, the Working Group again stresses that, in
accordance with article 7 of the Declaration, no circumstances whatsoever may be invoked
to justify enforced disappearances. In this respect, the Working Group requests the
Government to bring the Prevention of Terrorist Act and the Emergency Regulations into
line with its commitments under the Declaration.
328. The Working Group appreciates the efforts of the Commissions of Inquiry to
investigate the fate of 23,000 disappeared persons and to compensate the victims or their
families, and looks forward to being informed of the results. [back to
the contents ]
IV. CONCLUSIONS AND RECOMMENDATIONS
391. The Commission on Human Rights, in its resolution 1996/30, urged the
Governments concerned to cooperate with and assist the Working Group on Enforced or
Involuntary Disappearances so that it perform its functions without hindrance. The
effectiveness of the Working Group is based on the cooperation it receives from
Governments, especially of those countries in which enforced disappearance is an ongoing
phenomenon. The Working Group appreciates the many mechanisms of communication and
dialogue established with almost all the Governments of the countries concerned, many of
which have sent representation to the Working Group's sessions.
392. There are approximately 43,980 outstanding cases of disappearance on the Working
Group's books at the time of the adoption of the present report. Although many of these
cases occurred more than 10 years ago, there has been no major progress in their
clarification. Nevertheless, it must be stated that in many of the countries concerned no
new cases have been reported recently. The Working Group periodically sends this
information to the Governments of the countries concerned without major progress. Without relieving the other countries of their responsibilities, the
Working Group views as a source of particular concern those countries which have had more
than 500 cases outstanding for more than 10 years: Argentina, Chile,
El Salvador, Guatemala, Iraq, Peru, the Philippines and Sri Lanka. It is
essential for the countries which have a large backlog of outstanding cases to make
consistent and effective efforts to identify the fate and whereabouts of the disappeared.
At the same time, in agreement with the families of the missing persons, mechanisms might
be explored for the clarification of cases, including acknowledgment of the responsibility
of the State and establishing appropriate compensation. In this connection, the Working
Group is prepared to provide its cooperation to the parties concerned.
393. Also in resolution 1996/30, the Commission once again encouraged Governments to
give serious consideration to inviting the Working Group to visit their countries. So far,
the Governments of Bolivia, Colombia, Cyprus, Guatemala, Mexico, Peru, the Philippines and
Sri Lanka have extended invitations to and welcomed delegations of the Working Group. Such
field work has helped the Working Group and the Commission to acquire a better
understanding of the situation in those countries. It is hoped that other Governments will
show an appropriate understanding of the task of the Working Group and extend invitations
to the Group so that its members can visit one or more countries every year as an
essential part of its operations.
394. The Working Group wishes to remind Governments that authentic cooperation is based on
effective action to clarify the outstanding cases and prevent new ones. In this respect
the results are very poor, especially if it is taken into consideration that the countries
to visit which the Working Group has recently sought an invitation have either not reacted
positively (India), or at all (Iraq and Turkey). This matter must be taken seriously into
consideration by the Commission, since timely cooperation, including field missions, is
crucial to clarifying ongoing cases and preventing new disappearances.
395. In addition to assisting family members and Governments in clarifying individual
cases of disappearance, in recent years the Working Group, on instructions from the
Commission, has assumed the main responsibility for monitoring States' compliance with
their responsibilities under the Declaration on the Protection of All Persons from
Enforced Disappearance, adopted by the General Assembly on 18 December 1992. Progress in
the implementation of the Declaration seems, however, to be extremely slow. Very few
countries have enacted special legislation to make the act of enforced disappearance a
specific offence under criminal law or to implement other provisions of the Declaration.
With a view to making the Declaration better known and in order to draw Governments'
attention to their responsibilities, the Working Group continues to adopt general comments
on specific provisions of the Declaration.
396. The Working Group reiterates that it is essential to its activities to continue
receiving cooperation from non-governmental organizations concerned with the problem of
disappearances. These organizations have proved to be the conscience of the world
community and their activities deserve support. At the same time, the Working Group notes
with concern that in some cases non-governmental organizations have failed to maintain
contact with their source, and in other cases have relegated cases to their archives, thus
seriously affecting efforts by the Working Group to follow up on individual cases.
397. Finally, the Working Group wishes to express once again its sincere appreciation to
the secretariat for its dedication in the pursuance of the difficult tasks it has to
undertake, while constantly in need of additional resources. The Group avails itself of
this opportunity to appeal again to the Commission to meet the needs of the secretariat by
allocating more resources to it. [back to the contents]
Annex I
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1996
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1996
| Country | Cases which allegedly occurred in 1996 | Cases transmitted to the Government during 1996 | Clarifications by: | Six-month rule | ||
| Urgent actions | Normal actions | Government | Non-governmental sources | |||
| Algeria | - | - | 3 | 6 | - | 5 |
| Bangladesh | 1 | 1 | - | - | - | - |
| Brazil | - | - | - | 42 | - | - |
| Burundi | - | 2 | - | - | - | - |
| Chad | 6 | 6 | - | - | - | - |
| Chile | - | - | - | 20 | - | 29 |
| China | 6 | - | 17 | - | - | - |
| Colombia | 16 | 18 | 3 | 4 | - | 7 |
| Egypt | - | - | 2 | - | - | 5 |
| El Salvador | - | - | 23 | - | 15 | - |
| Ethiopia | 1 | 1 | - | - | 1 | - |
| Gambia | - | - | 1 | - | - | - |
| Guatemala | - | - | - | 5 | - | 1 |
| Greece | - | 1 | - | - | - | - |
| Honduras | - | 1 | - | - | - | - |
| India | 4 | 4 | 19 | 3 | 3 | 1 |
| Indonesia | 9 | 8 | 2 | - | - | 9 |
| Iran (Islamic Republic of) | - | - | - | 11 | 1 | 2 |
| Iraq | 10 | 4 | 194 | - | 6 | 18 |
| Kazakstan | - | - | - | - | 2 | - |
| Lebanon | - | - | 7 | - | - | - |
| Mexico | 5 | 5 | - | 10 | 1 | 9 |
| Morocco | - | - | - | 14 | - | - |
| Mozambique | - | - | 1 | - | - | - |
| Pakistan | 4 | 7 | - | - | 3 | - |
| Peru | 3 | 1 | 121 | 4 | - | - |
| Philippines | 1 | 1 | 1 | 13 | - | - |
| Russian Fed. | 2 | 2 | 41 | - | - | - |
| Rwanda | 3 | 3 | - | - | 1 | - |
| Saudi Arabia | - | - | - | - | - | 1 |
| Sri Lanka | 8 | 16 | 18 | - | - | - |
| Sudan | 1 | 1 | - | 1 | - | - |
| Syria | - | - | - | 4 | - | 2 |
| Tunisia | - | 1 | - | - | 1 | - |
| Turkey | 5 | 11 | 1 | 6 | 1 | 3 |
| Turkmenistan | - | - | - | 2 | - | 2 |
| Zaire | 3 | 3 | - | - | - | - |
| Zimbabwe | - | - | - | - | 1 | - |
[back to the contents]
Annex II
STATISTICAl SUMMARY: CASES OF ENFORCED OR INVOLUNTARY DISAPPEARANCE REPORTED TO THE
WORKING GROUP BETWEEN 1980 AND 1996
STATISTICAL SUMMARY
CASES OF INVOLUNTARY DISAPPEARANCE REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1996 |
|||||||||
| Country | Cases transmitted to the Government | Clarifications by: | Status of person at date of clarification | ||||||
| Total | Outstanding | Government | Non- governmental sources |
At liberty | In detention | Dead | |||
| No. of cases | Female | No. of cases | Female | ||||||
| Afghanistan | 2 | - | 2 | - | - | - | - | - | - |
| Algeria | 107 | 2 | 100 | - | 6 | 1 | 2 | - | 5 |
| Angola | 7 | 1 | 4 | - | 3 | - | - | - | 3 |
| Argentina | 3 461 | - | 3 384 | - | 43 | 34 | 49 | - | 28 |
| Bahrain | 1 | - | - | - | - | 1 | - | 1 | - |
| Bangladesh | 1 | 1 | 1 | 1 | - | - | - | - | - |
| Bolivia | 48 | 7 | 28 | - | 19 | 1 | 19 | - | 1 |
| Brazil | 56 | 4 | 8 | - | 47 | 1 | 1 | 2 | 45 |
| Bulgaria | 3 | - | - | - | 3 | - | - | - | 3 |
| Burkina Faso | 3 | - | 3 | - | - | - | - | - | - |
| Burundi | 47 | - | 47 | - | - | - | - | - | - |
| Cameroon | 6 | - | 6 | - | - | - | - | - | - |
| Chad | 12 | - | 11 | - | 1 | - | - | - | - |
| Chile | 912 | 67 | 848 | - | 41 | 23 | 2 | - | 62 |
| China | 73 | 5 | 28 | - | 39 | 6 | 35 | 9 | 1 |
| Colombia | 970 | 84 | 756 | - | 162 | 52 | 129 | 19 | 66 |
| Country | Cases transmitted to the Government | Clarifications by: | Status of person at date of clarification | ||||||
| Total | Outstanding | Government | Non- governmental sources |
At liberty | In detention | Dead | |||
| No. of cases | Female | No. of cases | Female | ||||||
| Dominican Republic | 4 | - | 2 | - | 2 | - | 2 | - | - |
| Ecuador | 20 | 2 | 5 | - | 11 | 4 | 6 | 4 | 5 |
| Egypt | 17 | - | 15 | - | 2 | - | - | 2 | - |
| El Salvador | 2 661 | 332 | 2 270 | 267 | 318 | 73 | 196 | 175 | 20 |
| Equatorial Guinea | 3 | - | 3 | - | - | - | - | - | - |
| Ethiopia | 102 | 2 | 100 | - | 1 | 1 | 1 | 1 | - |
| Gambia | 1 | - | 1 | - | - | - | - | - | - |
| Greece | 3 | - | 3 | - | - | - | - | - | - |
| Guatemala | 3 151 | 381 | 3 007 | - | 65 | 79 | 87 | 6 | 51 |
| Guinea | 28 | - | 21 | - | - | 7 | - | - | 6 |
| Haiti | 48 | 1 | 38 | - | 9 | 1 | 5 | 4 | 1 |
| Honduras | 197 | 34 | 129 | - | 30 | 38 | 53 | 8 | 7 |
| India | 255 | 10 | 218 | - | 28 | 9 | 13 | 6 | 19 |
| Indonesia | 428 | 33 | 378 | 1 | 38 | 12 | 40 | 8 | 2 |
| Iran (Islamic Republic of) | 509 | 99 | 496 | - | 11 | 2 | 3 | 1 | 9 |
| Iraq | 16 329 | 2 295 | 16 199 | - | 107 | 23 | 103 | 6 | 21 |
| Israel | 3 | - | 2 | - | - | 1 | - | - | 1 |
| Kazakstan | 2 | - | - | - | - | 2 | - | 2 | - |
| Kuwait | 1 | - | 1 | - | - | - | - | - | - |
| Lao People's Democratic Republic | 1 | - | 1 | - | - | - | - | - | - |
| Lebanon | 286 | 15 | 281 | 13 | - | 5 | 5 | - | - |
| Libyan Arab Jamahiriya | 1 | - | 1 | - | - | - | - | - | - |
| Mauritania | 1 | - | 1 | - | - | - | - | - | - |
| Mexico | 319 | 24 | 237 | - | 72 | 10 | 33 | 7 | 42 |
| Morocco | 232 | 27 | 142 | - | 64 | 26 | 75 | 1 | 14 |
| Mozambique | 2 | - | 2 | - | - | - | - | - | - |
| Myanmar | 2 | 1 | - | - | 2 | - | 1 | 1 | - |
| Nepal | 6 | - | 5 | - | - | 1 | 1 | - | - |
| Nicaragua | 234 | 4 | 103 | - | 112 | 19 | 45 | 11 | 75 |
| Nigeria | 5 | 1 | - | - | 5 | - | 5 | - | - |
| Pakistan | 60 | 2 | 56 | - | 1 | 3 | 4 | - | - |
| Paraguay | 23 | 1 | 3 | - | 20 | - | 19 | - | 1 |
| Peru | 3 001 | 311 | 2 371 | 116 | 249 | 381 | 443 | 85 | 102 |
| Philippines | 649 | 80 | 496 | - | 122 | 31 | 106 | 17 | 30 |
| Romania | 1 | - | - | - | 1 | - | 1 | - | - |
| Russian Federation | 160 | 11 | 160 | - | - | - | - | - | - |
| Rwanda | 11 | 1 | 10 | - | - | 1 | 1 | - | - |
| Saudia Arabia | 1 | - | 1 | - | - | - | - | - | - |
| Seychelles | 3 | - | 3 | - | - | - | - | - | - |
| South Africa | 11 | 1 | 7 | - | 2 | 2 | 1 | 1 | 2 |
| Sri Lanka | 11 513 | 127 | 11 449 | - | 30 | 34 | 31 | 17 | 16 |
| Sudan | 261 | 33 | 257 | - | 1 | 3 | 4 | - | - |
| Syrian Arab Republic | 35 | 3 | 11 | - | 11 | 13 | 15 | 5 | 4 |
| Tajikistan | 6 | - | 5 | - | - | 1 | - | - | 1 |
| Togo | 11 | 2 | 10 | - | - | 1 | 1 | - | - |
| Tunisia | 1 | - | - | - | 1 | - | - | 1 | - |
| Turkey | 145 | 10 | 78 | - | 29 | 38 | 45 | 11 | 11 |
| Turkmenistan | 2 | - | - | - | 2 | - | - | 2 | - |
| Uganda | 20 | 4 | 13 | - | 2 | 5 | 2 | 5 | - |
| Uruguay(4) | 36 | - | 28 | - | 7 | 1 | 4 | 4 | - |
| Uzbekistan | 3 | - | 3 | - | - | - | - | - | - |
| Venezuela | 10 | 2 | 6 | - | 4 | - | 1 | - | 3 |
| Yemen | 98 | - | 97 | - | - | 1 | 1 | - | - |
| Zaire | 27 | 1 | 21 | - | 6 | - | 6 | - | - |
| Zimbabwe | 1 | - | - | - | 1 | - | - | - | 1 |
[back to the contents]
Annex III
GRAPHS SHOWING THE DEVELOPMENT OF DISAPPEARANCES IN COUNTRIES WITH MORE THAN 100 CASES
TRANSMITTED DURING THE PERIOD 1973-1996
[back to the contents]
Notes
1. Since its creation in 1980, the Working Group has submitted a report to the Commission annually, starting at the Commission's thirty-seventh session. The document symbols of the previous 16 reports are as follows: E/CN.4/1435 and Add.1; E/CN.4/1492 and Add.1; E/CN.4/1983/14; E/CN.4/1984/21 and Add.1 and 2; E/CN.4/1985/15 and Add.1; E/CN.4/1986/18 and Add.1; E/CN.4/1987/15 and Corr.1 and Add.1; E/CN.4/1988/19 and Add.1; E/CN.4/1989/18 and Add.1; E/CN.4/1990/13; E/CN.4/1991/20 and Add.1; E/CN.4/1992/18 and Add.1; E/CN.4/1993/25 and Add.1; E/CN.4/1994/26 and Corr.1 and 2 and Add.1; E/CN.4/1995/36; and E/CN.4/1996/38. [back to the text]
2. Resolutions 1996/20, 1996/32, 1996/47, 1996/48, 1996/49, 1996/51, 1996/52, 1996/53, 1996/55, 1996/62, 1996/69, 1996/70, 1996/78 and 1996/85 I. [back to the text]
3. Hereafter referred to as the "Declaration". [back to the text]
4. The number of clarifications by the Government of Uruguay and by non-governmental sources were inadvertently reversed in the previous report. They should read seven clarifications by the Government and one by non-governmental sources. [back to the text]
