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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]
