full scale of the practice of ED in Africa. In particular,
the WGEID noted as far back as 2005 that:
Underreporting and lack of official data
The use of ED has been a widespread problem on the
continent since colonial times and continues to be
prevalent today. The full extent to which this practice
takes place is difficult to assess since governments often deny existing and past instances of ED, which has
caused a lack of official data and significant underreporting and recording of the crime. Furthermore, the
ICPPED does not require States to publish data on the
numbers of ED within their borders (and in any event,
the ratification of the ICPPED amongst African States
has been patchy, as discussed in section 6 below14).
“The Working Group remains concerned that while
Africa has been racked by armed conflicts over the
last decade, at the same time it is the region with
the fewest reported cases of enforced or involuntary
disappearances. The Working Group suspects that it
is dealing with an underreported phenomenon of disappearances. Underreporting was also noted this year
in the Working Group’s country visit report on Colombia and it certainly exists in other countries, but the
African case is particularly dramatic. The unfolding
humanitarian disaster in Darfur, Sudan, is a striking,
but not unique, example of this phenomenon.”19
The WGEID has noted that factors contributing to
underreporting include a fear of reprisals, weak administration of justice, ineffectual reporting channels, institutionalised systems of impunity, poverty,
illiteracy, language barriers, a practice of silence and
restrictions on the work of civil society.15 The remainder of this sub-section briefly surveys the data that is
currently available, and the subsequent sub-sections
describe the factors enabling and contributing to the
prevalence of the crime in Africa.
African Commission
In 2018, the African Commission adopted a resolution to expand the mandate of the Working Group
on Arbitrary Killings to include ED and in particular to
include collecting information and keeping a database
of reported instances of ED in Africa.20 It is hoped that
by fulfilling this mandate, the African Commission’s
database will assist with raising awareness of the
prevalence of ED in Africa, particularly given that the
African Working Group has recently acknowledged
that underreporting is an issue.21
UN data
The WGEID 2020 report noted a total 46,271 cases of
ED which were under active consideration, of which
around 4,783 (10.3%) occurred in African countries.16
Most of the outstanding cases on the continent derive from Algeria (3,253), Egypt (308), Burundi (238)
Sudan (177), Morocco (153), and Ethiopia (113).17 The
table below sets out the number of cases of ED in
Africa under consideration as outlined in the WGEID
2020 report.18
Civil society
The concern about underreporting is borne out by
the reports of various civil society organisations in
the region. For instance:
• The estimated number of individuals who were disappeared during Algeria’s lengthy civil war varies
between organisations and has never been confirmed by an independent authority.22
While these numbers provide a reliable account of
cases reported to the WGEID, they fail to reflect the
14 As at the time of writing, only 17 African States have ratified the ICPPED, namely: Benin, Burkina Faso, Central African Republic, Gabon, Gambia,
Lesotho, Malawi, Mali, Mauritania, Morocco, Niger, Nigeria, Senegal, Seychelles, Togo, Tunisia and Zambia. In addition, 17 African States have signed
but not yet ratified it, namely: Algeria, Angola, Burundi, Cameroon, Cape Verde, Chad, Comoros, Congo, Eswatini, Ghana, Guinea-Bissau, Kenya,
Madagascar, Mozambique, Sierra Leone, Uganda and United Republic of Tanzania; United Nations Treaty Collection, 16: International Convention
for the Protection of All Persons from Enforced Disappearance, 20 December 2006, New York.
15 WGEID, A/HRC, 30/38, dated 10 August 2015, page 20.
16 HRC, Report of the WGEID, A/HRC/45/13, 7 August 2020, Annex II.
17 Ibid.
18 Ibid.
19 HRC, Civil and Political Rights, including the questions of disappearances and summary executions (E/CN.4/2006/56), 23 February 2006, para. 593.
20 ACHPR/Res. 408 (LXII) 2018, Resolution on the expansion of the mandate and composition of the Working Group on Death Penalty and Extrajudicial,
Summary or Arbitrary Killings in Africa to include enforced disappearances.
21 ACHPR/Res. 448 (LXVI) 2020, Resolution on the Drafting of Guidelines for the Protection of All Persons from Enforced Disappearances in Africa,
preamble.
22 Various figures, ranging from 7,000 to 20,000 have been put forward as the total number of disappeared persons (see for example International
Commission on Missing Persons (ICMP), Algeria, 9 November 2014; Algeria Watch, Information sur la situation des droits humains en Algérie, June
2012; Justice and Reconciliation Project, The Right to Know, 13 August 2015).
15
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