sion of the disappearance. The relatives of the victims
and their legal representatives should be part of the
search and have access to information and be allowed
to participate at all stages of the search.308
• For example, in Zimbabwe, in 1999 and 2001, Amani Trust led the exhumation of 20 bodies of victims
of the Gukuharundi massacre to provide for their
proper burial. In Nbelele culture, the burials are important rituals, during which the tears of the living
and the proper period of mourning allow for the
release of the soul of the victims and allow him/
her to rest.314 Individuals who have not been given
a proper burial are in “an unhappy state of limbo
and burial releases them” but “when a rural community’s desire to reclaim their dead was placed
at the center of healing processes, reburials had
transformative outcomes at the individual, family
and community levels.”315
The 1992 Declaration provides that each State shall
ensure that the competent authority has the necessary powers and resources to conduct investigations
effectively, to ensure that persons involved in the
search are protected from retaliation and that the
findings of the results are made available to all those
involved.309
Given the ongoing nature of the crime of ED, the
State has a continuing obligation to carry out investigations as long as the fate of the victim remains
unclarified.310
• Similarly, South Africa’s Truth and Reconciliation
Commission undertook at least 50 exhumations
with the aim of establishing the ultimate fate of
the disappeared and providing relief to the families
of victims.316 Successful exhumations by the Commission permitted the delivery to the families of
the physical remains of their relatives so that the
remains could be buried according to the families’
chosen ceremonies. In the case of Ms Phila Portia
Ndwandwe, who had been abducted by members
of the Port Natal Security Branch, forensic examination of her exhumed remains revealed how she
had died, thereby dispelling the belief that she
had joined the security forces. In addition, press
reports on Ms Ndwandwe’s exhumation led to her
son meeting his grandparents for the first time.317
Related to the points above, forensic expertise is essential in helping to identify the victims of ED. Proper exhumation, DNA analysis and repatriation are all
important to provide the relatives with the necessary
closure and the right to truth and information as to
what happened to their loved ones. According to the
Guiding Principles for the Search for Disappeared Persons, it is the responsibility of the competent authorities to make use of appropriate forensic methods and
professional expertise to search for and locate the
disappeared person. 311
The competent authorities should use at their disposal tools to find the individual or identify his or her
remains through DNA analysis and the family must be
involved in every step of the process.312
However, despite the utility and importance of exhumations, the success of these investigations can
be limited by issues such as the contamination and
disturbance of mass graves and the related lack of
mass grave protection guidelines, 318 inadequate
consideration of a culturally appropriate reburial or
a failure to recognise the place of reburial as a site
of significance and memorialisation for families and
communities.319 Ineffective exhumations were seen in
Rwanda when the International Criminal Tribunal for
Rwanda-commissioned excavations of mass graves
While States are required to use all available resources, including DNA analysis and international co-operation, they may not always have the necessary resources. However, while the competent authorities
may not always possess the relevant expertise, they
shall collaborate with civil society organisations and
scientists who may assist the authorities in carrying
out the search for the disappeared.313
308
309
310
311
312
313
314
315
316
317
318
319
Ibid.
UNGA, Declaration on the Protection of All Persons from Enforced Disappearances, A/RES/47/33, 9 February 1993, Article 13 (2), (3) and (4)
UN WGEID, General Comment on the Right to Truth in Relation to Enforced Disappearances.
CED, Guiding Principles for the search for disappeared persons, CED/C/7. 8 May 2019.
UN WGEID, General Comment on the Right to Truth in Relation to Enforced Disappearances.
UN WGEID, General Comment on the Right to Truth in Relation to Enforced Disappearances.
Tamara Hinan, Exhuming Norms and Comparing Investigations of Forced Disappearances, 24 October 2018.
Tamara Hinan, Exhuming Norms and Comparing Investigations of Forced Disappearances, supra note 314.
Human Rights Violations Committee, Abductions, Disappearances and Missing Persons, p. 556.
Ibid, p. 550.
Melanie Klinkner, Towards mass-grave protection guidelines, Human Remains and Violence, Volume 3, No. 1, 2017, pp. 52 – 70.
Bournemouth University, The Bournemouth Protocol on Mass Grave Protection and Investigation, 2020, p. 14.
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