E
nforced Disappearance (“ED”) is the arrest,
detention, abduction or any other form of
deprivation of liberty by agents of the State
or by persons or groups of persons acting with the
authorisation, support or acquiescence of the State,
followed by an absence of information or the refusal to acknowledge the deprivation of liberty or by
concealment of the fate or whereabouts of the disappeared person, thereby placing them outside the
protection of the law.1
recent years as the African Commission has taken a
number of decisive steps to raise awareness of the
pervasiveness of this practice, as well as the need to
eradicate it in the region.
Based on the findings of this report, we make the
following recommendations:
• The relevant United Nations bodies should engage
and follow up on ED in Africa, possibly by way of a
thematic report by the Working Group on Enforced
or Involuntary Disappearances (“WGEID”) given the
invisibility of the practice.
ED has been used as a tool of oppression all over the
world in the context of internal armed conflicts, to
oppress the population, to silence opposition and dissent, and to discriminate against minorities, among
other things.
• The African Commission of Human and Peoples’
Rights (“ACHPR”) should take steps to adopt as
soon as possible guidelines for African States on
the necessary measures to prevent and protect
against ED.
The use of ED in Africa can be traced back to colonial
times when many colonial governments disappeared
freedom fighters in order to silence them. Today,
many African States use ED in a range of contexts
against different groups of people, from human rights
defenders to ethnic minorities, migrants and opposition leaders.
• The ACHPR, the African Court on Human and Peoples’ Rights (“AfCHPR”), and the ECOWAS Court
should adopt a practice of considering existing international standards, commentary and jurisprudence when dealing with cases of ED and when
carrying out their other promotion and protection
activities.
While it is clear that ED has been prevalent in the
continent, the precise scale of the practice is difficult
to assess. Many African States refuse to acknowledge
the occurrence of ED, do not keep an official record
of the crime and the victims, and are reluctant to
investigate when it takes place. Many victims decide
not to report the disappearance for fear of reprisals,
lack of independence and due process of the authorities in the country, and insufficient awareness of the
legal remedies available at the national, regional and
international levels.
• African States should consider the ratification
of the International Convention on the Protection of All Persons from Enforced Disappearance
(“ICPPED”) and take all measures necessary to prevent and protect against ED in accordance with international and national guidelines.
• African States should empower victims and those
organisations assisting them to strengthen their capacity to seek justice, truth and reparations, and to
enhance their ability to co-ordinate with other victims to conduct advocacy nationally and regionally.
The absence of political will and awareness among African States to address ED is also reflected in the lack
of adequate legal frameworks at the national level to
prevent and protect against this crime. As a result,
victims in Africa are left to face the consequences of
the crime with no prospect of securing redress.
• Civil Society Organisations, victims’ groups and
their representatives should promote solidarity
networks with the aim of strengthening regional
platforms to assist victims in their advocacy and
efforts to seek justice and reparations. Solidarity
can maximise impact at the regional level to eradicate ED in Africa.
At the regional level, ED has historically not featured
prominently on the agenda of the African Commission on Human and Peoples’ Rights, the continent’s
principal human rights body. Yet, this has changed in
1
International Convention for the Protection of All Persons from Enforced Disappearance ("ICPPED"), Article 2; Rome Statute of the International
Criminal Court, Article 7; Inter-American Convention on Forced Disappearance of Persons, Article II.
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