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WHAT IS STRATEGIC LITIGATION?
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
can participate in the sessions of the treaty bodies and hold formal and
informal meetings with their members.
• Civil society can also engage with the UN human rights mechanisms
through the Universal Periodic Review (UPR) process. All members of
the United Nations have their human rights records reviewed on a regular
basis by the Human Rights Council. Every five years States must present a
report to the Council on the fulfilment of their human rights obligations.
Civil society organisations can present shadow reports outlining the
human rights situation in the respective country as input during the review
process.
• Finally, enforced disappearances can be brought to the attention of the
UN Special Procedures. The Special Procedures are human rights experts
with the mandate to advise on specific human rights issues or situations.
They can act on individual cases brought to their attention, by sending
urgent appeals and allegation letters to States. They can also issue press
statements, raising public awareness and putting pressure on States in
specific situations or cases. Their mandate allows for country visits, holding
hearings to speak publicly about enforced disappearance in a particular
country and working with governments to address the crime. In relation to
enforced disappearances, the UN Working Group on Enforced or Involuntary
Disappearances, the Special Rapporteur on Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, the Special Rapporteur
on Human Rights Defenders and the Special Rapporteur on the Promotion of
Truth, Justice, Reparation and Guarantees of Non-repetition, are especially
relevant.
• Community organising. When acting on behalf of a group, there is greater ability to
connect the cases to a community and to enhance their impact. Victims and survivors’
groups and networks can become a powerful and persuasive voice in the campaign
against enforced disappearance.
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