The Human Rights Council has also requested the Working Group to
take action in connection with acts of intimidation or reprisals against
relatives of disappeared persons and private individuals or groups who
seek to cooperate or have cooperated with United Nations human rights
bodies, or who have provided testimony or information to them, as well
as persons who avail or have availed themselves of procedures established
under United Nations auspices for the protection of human rights and
fundamental freedoms or persons who have provided legal assistance to
others for that purpose.
V. FUTURE RELATIONSHIP BETWEEN THE COMMITTEETO-BE AND THE WORKING GROUP
As in other situations where both a treaty body and a special procedure
of the Human Rights Council deal with the same kind of human rights
violation, the Committee, created by virtue of the Convention, and the
Working Group have complementary roles and functions, and should
cooperate in order to maximize their efficiency and avoid duplication. In
this respect, the Convention clearly indicates that the Committee shall
cooperate inter alia with the treaty bodies instituted by international
instruments and with the special procedures of the United Nations. Treatybased mechanisms and thematic special procedures have coexisted for
many years, for example, the Special Rapporteur on Torture and other
cruel, inhuman or degrading treatment or punishment and the Committee
against Torture, as well as the Special Rapporteur on contemporary forms
of racism, racial discrimination, xenophobia and related intolerance and
the Committee on the Elimination of Racial Discrimination.
An important difference between the two bodies is that, unlike the treatybased functions of the Committee, the Working Group’s basic mandate is
humanitarian, acting as a channel of communication between the families
of the victims and Governments. Furthermore, while the Committee shall
have competence solely in respect of enforced disappearances perpetrated
in a State party to the Convention, the Working Group is able to act on
all reported cases of disappearance which have occurred in all countries,
regardless of whether the State has ratified relevant international human
rights treaties. As such, even if a country is not a party to the Convention,
the family of a victim of an enforced disappearance is able to approach
the Working Group to help find their loved one.
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