IV. THE WORKING GROUP ON ENFORCED OR
INVOLUNTARY DISAPPEARANCES
The United Nations General Assembly has devoted particular attention
to this odious phenomenon on many occasions. In 1978, in its resolution
33/173, it expressed concern over reports from various parts of the world
relating to enforced or involuntary disappearances of persons. It requested
the United Nations Commission on Human Rights to consider the question
and to make appropriate recommendations. By resolution 20 (XXXVI) of 29
February 1980, the Commission on Human Rights decided to establish a
working group of five independent experts to examine questions relevant
to enforced or involuntary disappearances of persons. Since then, the
mandate of the Working Group has been regularly renewed.
A. Definition of enforced disappearance
In accordance with the definition contained in the preamble to the
Declaration, the Working Group operates on the basis that enforced
disappearances are considered as such only if perpetrated by State actors
or by private individuals or organized groups, for example, paramilitary
groups,5 acting on behalf of, or with the support, direct or indirect,
consent or acquiescence of State authorities. Therefore, the Working
Group does not admit cases attributed to perpetrators that do not fall
under these categories, such as non-State-sponsored terrorist or insurgent
movements fighting the Government on its own territory. This distinction
is based of the principle that States have the obligation to investigate
and sanction acts similar in nature to enforced disappearance when
committed by non-State actors. The Working Group maintains that the
State’s responsibility for enforced disappearances continues irrespective
of changes of Government, even if the new Government shows greater
respect for human rights than the Government in power at the time
the disappearances occurred. Nevertheless, when studying the situation
of enforced disappearances in a particular country or examining the
phenomenon generally, the Working Group considers information on all
kinds of disappearances to be relevant to a proper evaluation.
The Working Group does not deal with disappearances in the context
of international armed conflicts, in view of the competence of the
“Paramilitary groups” are organized groups that are effectively armed, trained or supported
by the regular army.
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