TABLE OF CONTENTS LIST OF ACRONYMS 6 1. EXECUTIVE SUMMARY AND RECOMMENDATIONS 7 2. INTRODUCTION AND METHODOLOGY 9 3. RELEVANT CONCEPTS AND DEFINITIONS The prohibition on ED in international human rights law Key concepts and issues in the human rights regime Relationship with International Humanitarian Law 11 12 12 12 4. THE CONTEXT OF ED IN AFRICA Underreporting and lack of official data Primary contexts ED during armed conflict and civil unrest ED in the context of migration and internal displacement ED in the context of extraordinary renditions, counterterrorism and security operations The use of ED by non-State actors Population groups affected by ED 14 15 17 17 18 20 22 22 5. ED AS A COMPLEX AND MULTIPLE CRIME Right to life Right to be free from torture and inhuman and degrading treatment Ill treatment and torture in relation to the relatives of the disappeared Freedom from arbitrary detention and arrest Right to recognition as a person before the law Right to a fair trial The right to family life and economic, social and cultural rights Right to an effective remedy Right to truth 26 27 29 30 31 32 32 33 34 36 6. GAPS IN THE LEGAL AND POLICY FRAMEWORK TO PREVENT AND ERADICATE ED IN AFRICA The existing legal frameworks dealing with ED in Africa Obligation to prevent and protect from ED The obligation to search and co-operate Search, identification and restitution of children The obligation to investigate, prosecute and punish ED Amnesties, pardons and statutes of limitations 40 41 45 45 47 47 49 7. THE OBLIGATION TO PROVIDE REPARATIONS TO VICTIMS Effective reparations in law and lifting legal barriers Effective reparations in practice Forms of reparations Obstacles for accessing effective reparations 52 53 53 54 55 8. CONCLUSION 57