25
LEGAL AVENUES TOWARDS JUSTICE FOR
ENFORCED DISAPPEARANCE IN AFRICA
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
b) The Committee on Enforced Disappearance (CED) comprises of ten independent
experts who monitor the implementation of the ICPPED. Article 31 of the
Convention provides for the Committee to receive individual complaints from
victims of enforced disappearance, but only if the State ratified the Convention
and consented to the competence of the Committee to receive individual
complaints. Check the list on the United Nations website.
c) The Committee against Torture (CAT) is a committee of ten international
experts who monitor the implementation of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment. Individuals
can file an individual complaint if the State party ratified the treaty and
consented to the Committee’s jurisdiction under Article 22. Check the list on
the United Nations website.
d) The UN Working Group on Enforced or Involuntary Disappearances (WGEID)
was established in 1980 with a mandate to examine questions relevant to
enforced disappearances and provide assistance to the families in determining
the fate or whereabouts of their relatives. The WGEID accepts individual
reports of disappearances. Upon receipt of a communication, the Working
Group can forward a communication within 1-2 days to the Ministry of Foreign
Affairs of the country concerned if the case is less than three months old. If
the disappearance is reported after three months, the WGEID may authorise
communication to the State requesting it to carry out investigations and inform
the Group of the results. It is possible to submit individual communications
to the Working Group in relation to any country, regardless of whether it has
ratified the ICPPED. Further, it is not necessary to exhaust domestic remedies
before communicating with the WGEID. The communications issued by the
Working Group can help establish facts and the whereabouts of the victim,
but do not make a finding of State responsibility or issue reparations.
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