Type | United Nations General Assembly Resolution |
---|---|
Drafted | 29 June 2006 [1] |
Signed | 6 February 2007 [2] |
Location | Paris |
Effective | 23 December 2010 [2] |
Condition | 32 ratifications |
Signatories | 98 [2] |
Parties | 76 [2] |
Depositary | Secretary-General of the United Nations |
Languages | Arabic, Chinese, English, French, Russian, Spanish |
The International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) is an international human rights instrument of the United Nations intended to prevent forced disappearance, which, as defined in international law, is part of crimes against humanity. [3] The text was adopted by the United Nations General Assembly on 20 December 2006 and opened for signature on 6 February 2007. It entered into force on 23 December 2010. [4] As of August 2024, 98 states have signed the convention and 76 have ratified or acceded to it. [2]
Following a General Assembly resolution in 1992 containing a 21 article declaration about enforced disappearance, [5] and its resolution of 1978 requesting that recommendations be made, [6] the Commission on Human Rights established an "inter-sessional open-ended working group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance" in 2001. [1]
The Group concluded its work in 2006 and its draft international convention was adopted by the Human Rights Council on 29 June 2006, and welcomed the offer by France to host the signing ceremony. [1]
On 20 December 2006, the General Assembly adopted without a vote the text of the Convention and opened it for signature at the signing ceremony in Paris. [7]
The convention is modelled heavily on the United Nations Convention Against Torture.
"Enforced disappearance" is defined in Article 2 of the Convention as
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 authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.
Article 1 of the Convention further states that
No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.
The widespread or systematic use of enforced disappearance is further defined as a crime against humanity in Article 5.
Parties to the convention undertake to:
The Convention will be governed by a Committee on Enforced Disappearances elected by its parties. Parties are obliged to report to this committee on the steps they have taken to implement it within two years of becoming subject to it.
The Convention includes an optional complaints system whereby citizens of parties may appeal to the Committee for assistance in locating a disappeared person. [8] Parties may join this system at any time, but may only opt out of it upon signature.
While the New Zealand government supports the Convention and joined the consensus leading to its adoption, it retains significant concerns around inconsistencies between the convention and established international law. These include the definition of enforced disappearance as a crime against humanity in Article 5, and the Article 6 provisions relating to command responsibility. [9] According to an MFAT spokesperson, New Zealand "has no immediate plans" to sign or ratify the Convention. [10]
The United Kingdom stated its position during the discussion that followed the adoption of the General Assembly resolution on several technical points about the Convention. For example, on Article 18, which sets out the minimum information that a lawyer or relative of a person deprived of liberty should have access to (such as when the arrest took place, who gave the order, and the health of the person), the ambassador explained that if the deprivation of liberty of a person was done legally according to the laws of the country, and was not an "enforced disappearance", then such information could be withheld from the relatives and legal counsel. [11]
A question asked in Parliament about whether there was any intention to sign the Convention, resulted in the answer that the Government needed "to conduct a detailed analysis of the provisions of the treaty and their implications for implementation in order to determine the UK's position towards ratification". [12]
A question during the daily State Department Press briefing that coincided with the date of the signing ceremony resulted in the following exchange: [13]
QUESTION: Did you notice that 57 countries signed a treaty today that would basically bar governments from holding secret detainees and the U.S. did not join?
MR. MCCORMACK: Yeah. This is—I understand that there is a Convention for the Protection of All Persons and Enforced Disappearances. And I know—I have some information on it here, George. I confess I don't have all the details. I do know that we participated in all the meetings that produced the draft. Beyond that, I can't give you specific reasons here from the podium as to why we didn't sign on to it. We've put out a public document that I can give you the citation for afterwards and it explains our reasons for not participating in the draft. But I think just as a general comment, clearly the draft that was put up for a vote or put for signature was not one that met our needs and expectations.
The Convention attracted 57 signatures when opened for signature in Paris. [14] Controversially, the United States did not sign, saying that it "did not meet our expectations". [15] A number of European countries were not initial signatories to the convention; these included the United Kingdom, Spain, Italy, Germany, and the Netherlands. [16] Spain, Italy, Germany and the Netherlands have subsequently signed and ratified the convention. [17] The initial signatories were Albania, Algeria, Argentina, Austria, Azerbaijan, Brazil, Burkina Faso, Burundi, Congo, Croatia, France, Ghana, Guatemala, Haiti, Japan, Lithuania, Maldives, Moldavia, Morocco, Uganda, Senegal, Serbia, Sierra Leone, Macedonia, Chad, Tunisia, Vanuatu, Belgium, Bolivia, Bosnia Herzegovina, Cameroon, Cape Verde, Chile, Comoros, Costa Rica, Cuba, Cyprus, Finland, Grenada, Honduras, India, Kenya, Lebanon, Luxembourg, Madagascar, Mali, Malta, Mexico, Monaco, Mongolia, Montenegro, Niger, Paraguay, Portugal, Samoa, Sweden, and Uruguay. [18]
As of August 2024, 76 states have ratified or acceded to the convention.
The International Coalition against Enforced Disappearances (ICAED) is a global network of organisations of families of disappeared and NGO's campaigning in a nonviolent manner against the practice of enforced disappearances at the local, national and international level. The ICAED was founded in 2007 as a result from the 25-year-long struggle of families of disappeared and human rights defenders for an international legally binding instrument against enforced disappearances. The primary purpose of the ICAED is working together towards early ratification and effective implementation of the International Convention for the Protection of all Persons from Enforced Disappearances. Amnesty International is campaigning for Costa Rica, Pakistan, East Timor, Burundi, Portugal, Morocco, Lebanon, Cape Verde, Serbia, and Paraguay to ratify the convention. [19]
The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.
The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2024, the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
A United Nations General Assembly resolution is a decision or declaration voted on by all member states of the United Nations in the General Assembly.
The Vienna Convention on the Law of Treaties (VCLT) is an international agreement that regulates treaties among sovereign states.
The American Convention on Human Rights (ACHR), also known as the Pact of San José or by its Spanish name used in most of the signatory nations, Convención Americana sobre Derechos Humanos, is an international human rights instrument. It was adopted by many countries in the Western Hemisphere in San José, Costa Rica, on 22 November 1969. It came into force after the eleventh instrument of ratification was deposited on 18 July 1978.
An enforced disappearance is the secret abduction or imprisonment of a person with the support or acquiescence of a state followed by a refusal to acknowledge the person's fate or whereabouts with the intent of placing the victim outside the protection of the law. Often, forced disappearance implies murder whereby a victim is abducted, may be illegally detained, and is often tortured during interrogation, ultimately killed, and the body disposed of secretly. The party committing the murder has plausible deniability as there is no evidence of the victim's death.
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.
The United Nations Convention Against Corruption (UNCAC) is the only legally binding international anti-corruption multilateral treaty. Negotiated by member states of the United Nations (UN) it has been adopted by the UN General Assembly in October 2003 and entered into force in December 2005. The treaty recognises the importance of both preventive and punitive measures, addresses the cross-border nature of corruption with provisions on international cooperation and on the return of the proceeds of corruption. The UN Office on Drugs and Crime (UNODC) in Vienna serves as Secretariat for the UNCAC. UNCAC's goal is to reduce various types of corruption that can occur across country borders, such as trading in influence and abuse of power, as well as corruption in the private sector, such as embezzlement and money laundering. Another goal of the UNCAC is to strengthen international law enforcement and judicial cooperation between countries by providing effective legal mechanisms for international asset recovery.
The International Day of the Disappeared, on August 30 of each year, is a day created to draw attention to the fate of individuals imprisoned at places and under poor conditions unknown to their relatives and/or legal representatives. The impulse for the day came from the Latin American Federation of Associations for Relatives of Detained-Disappeared (Federación Latinoamericana de Asociaciones de Familiares de Detenidos-Desaparecidos, or FEDEFAM), a non-governmental organization founded in 1981 in Costa Rica as an association of local and regional groups actively working against secret imprisonment, forced disappearances and abduction in a number of Latin-American countries.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families is a United Nations multilateral treaty governing the protection of migrant workers and families. Signed on 18 December 1990, it entered into force on 1 July 2003 after the threshold of 20 ratifying States was reached in March 2003. The Committee on Migrant Workers (CMW) monitors implementation of the convention, and is one of the seven UN-linked human rights treaty bodies. The convention applies as of September 2023 in 59 countries.
The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Rights was recommended by this Declaration and subsequently created by General Assembly Resolution 48/141.
Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.
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