81. Addressing the Continuing Phenomenon of Enforced Disappearances
- Author:
- Diane Webber and Khaola Sherani
- Publication Date:
- 08-2022
- Content Type:
- Special Report
- Institution:
- Center for Strategic and International Studies
- Abstract:
- An enforced disappearance is the “arrest, detention, abduction or any other form of deprivation of liberty” by state agents or their proxies, followed by a refusal to acknowledge or disclose the fate of a seized individual. Unlike arbitrary detention, which may also involve arrest and inhumane treatment, enforced disappearances frequently leave families with no information as to the victim’s whereabouts or status. In many cases, it is ultimately revealed that the victim was killed rather than detained. Enforced disappearances violate multiple human rights, including the right to security and dignity of person; the right not to be subjected to torture or other cruel, inhuman, or degrading treatment or punishment; the right to liberty; the right to humane conditions of detention; the right to a legal personality; the right to a fair trial; the right to a family life; and the right to life. The phenomenon of enforced disappearances first emerged as a state practice during the Nazi era but became widespread under the military regimes in Latin America during the 1960s. The Commission for Historical Clarification in Guatemala found that from the mid-1960s until the 1996 peace agreement, security forces and “death squads” carried out approximately 45,000 enforced disappearances against anti-government forces and suspected opponents, including members of Mayan communities. The governments of Argentina, Chile, Uruguay, Paraguay, Bolivia, Brazil, Ecuador, and Peru developed a transnational cooperation mechanism called “Operation Condor” to share intelligence about political dissidents for the purposes of carrying out transnational enforced disappearances. The practice of enforced disappearances was soon taken up by governments in other parts of the world, as well. In Sri Lanka, for example, Amnesty International estimates that there have been “at least 60,000 and as many as 100,000 cases of enforced disappearance” since the 1980s. The problem persists today, occurring at a large scale in many countries in the context of both armed conflicts and repressive, unaccountable regimes. The Syrian Network for Human Rights reported that from 2011 to 2021, the Syrian regime carried out 102,000 disappearances to suppress dissent during the civil war. Meanwhile, China’s Residential Surveillance at a Designated Location (RSDL) decree empowers authorities to detain foreign or Chinese nationals for a period of six months without disclosing their location. A Spain-based rights group, Safeguard Defenders, claims that between 27,000 and 57,000 people have gone through China’s RSDL system since 2013, citing data from the Supreme People’s Court and the testimony of survivors and lawyers. Altogether, the United Nations Working Group on Enforced or Involuntary Disappearances (UN Working Group) has recorded more than 59,000 cases of enforced disappearances across 110 countries since 1980, including 651 new cases originating in 30 countries in its most recent annual report. More than 46,000 cases remain unresolved. The international community was slow to respond to the growing problem of enforced disappearances, initially addressing the problem only as part of broader “ad hoc working groups” on human rights issues in countries like Chile and Cyprus. It was not until 1992 that the United Nations General Assembly adopted the Declaration on the Protection of All Persons from Enforced Disappearance, which condemned acts of enforced disappearance as violations of the Universal Declaration of Human Rights and called on states to prevent, eradicate, and punish acts of enforced disappearance under criminal law. The international legal regime has since expanded: in 1996, the Inter-American Convention on Forced Disappearance of Persons (Inter-American Convention) entered into force, and in December 2010, the International Convention for the Protection of All Persons from Enforced Disappearance (Enforced Disappearance Convention) came into force. Enforced disappearances can also now be prosecuted as a crime against humanity under the Rome Statute of the International Criminal Court.
- Topic:
- International Cooperation, International Criminal Court (ICC), Humanitarian Crisis, and Legal Sector
- Political Geography:
- Global Focus