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+Sixty-first session Third Committee Agenda item 68 Report of the Human Rights
Council Andorra , Argentina , Austria , Bangladesh , Belgium , Benin , Bolivia
, Brazil , Bulgaria , Burundi , Cameroon , Cape Verde , Chile , Congo , Croatia
, Cuba , Cyprus , Czech Republic , Ecuador , Estonia , Finland , France , Gabon
, Georgia , Germany , Greece , Guinea-Bissau , Haiti , Honduras , Hungary ,
Iceland , Ireland , Italy , Latvia , Liechtenstein , Lithuania , Luxembourg ,
Madagascar , Malawi , Mali , Malta , Mauritius , Mexico , Monaco , Morocco ,
Netherlands , Nigeria , Norway , Panama , Paraguay , Peru , Poland , Portugal ,
Republic of Korea , Romania , Slovakia , Slovenia , South Africa , Spain ,
Switzerland , Uganda , United Republic of Tanzania and Venezuela ( Bolivarian
Republic of ) : draft resolution* International Convention for the Protection
of All Persons from Enforced Disappearance The General Assembly , Taking note
of Human Rights Council resolution 1/1 of 29 June 2006 , by
which the Council adopted the International Convention for the Protection of
All Persons from Enforced Disappearance , Hails the Council 's adoption of the
International Convention for the Protection of All Persons from Enforced
Disappearance ; 1 Adopts and opens for signature , ratification and accession
the International Convention for the Protection of All Persons from Enforced
Disappearance , the text of which is annexed to the present resolution ;
Recommends that the Convention be opened for signature at a signing ceremony in
Paris . Annex International Convention for the Protection of All Persons from
Enforced Disappearance Preamble The States Parties to this Convention ,
Considering the obligation of States under the Charter of the United Nations to
promote universal respect for , and observance of , human rights and
fundamental freedoms , Having regard to the Universal Declaration of Human
Rights , Recalling the International Covenant on Economic , Social and Cultural
Rights
, the International Covenant on Civil and Political Rights and the other
relevant international instruments in the fields of human rights , humanitarian
law and international criminal law , Also recalling the Declaration on the
Protection of All Persons from Enforced Disappearance adopted by the General
Assembly of the United Nations in its resolution 47/133 of 18 December 1992 ,
Aware of the extreme seriousness of enforced disappearance , which constitutes
a crime and , in certain circumstances defined in international law , a crime
against humanity , Determined to prevent enforced disappearances and to combat
impunity for the crime of enforced disappearance , Considering the right of any
person not to be subjected to enforced disappearance , the right of victims to
justice and to reparation , Affirming the right of any victim to know the truth
about the circumstances of an enforced disappearance and the fate of the
disappeared person , and the right to freedom to seek , receive a
nd impart information to this end , Have agreed on the following articles :
Part I Article 1 No one shall be subjected to enforced disappearance . 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 . Article 2 For the
purposes of this Convention , â enforced disappearance â is considered to
be 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 places such a person outside
the protection of the law . Article 3 Each State Party shall take appropriate
measures to investigate acts defined in article 2 committed by persons or
groups
of persons acting without the authorization , support or acquiescence of the
State and to bring those responsible to justice . Article 4 Each State Party
shall take the necessary measures to ensure that enforced disappearance
constitutes an offence under its criminal law . Article 5 The widespread or
systematic practice of enforced disappearance constitutes a crime against
humanity as defined in applicable international law and shall attract the
consequences provided for under such applicable international law . Article 6
Each State Party shall take the necessary measures to hold criminally
responsible at least : ( a ) Any person who commits , orders , solicits or
induces the commission of , attempts to commit , is an accomplice to or
participates in an enforced disappearance ; ( b ) A superior who : ( i ) Knew ,
or consciously disregarded information which clearly indicated , that
subordinates under his or her effective authority and control were committing
or about to commit a cri
me of enforced disappearance ; ( ii ) Exercised effective responsibility for
and control over activities which were concerned with the crime of enforced
disappearance ; and ( iii ) Failed to take all necessary and reasonable
measures within his or her power to prevent or repress the commission of an
enforced disappearance or to submit the matter to the competent authorities for
investigation and prosecution ; ( c ) Subparagraph ( b ) above is without
prejudice to the higher standards of responsibility applicable under relevant
international law to a military commander or to a person effectively acting as
a military commander . No order or instruction from any public authority ,
civilian , military or other , may be invoked to justify an offence of enforced
disappearance . Article 7 Each State Party shall make the offence of enforced
disappearance punishable by appropriate penalties which take into account its
extreme seriousness . Each State Party may establish : ( a ) Mitigating ci
rcumstances , in particular for persons who , having been implicated in the
commission of an enforced disappearance , effectively contribute to bringing
the disappeared person forward alive or make it possible to clarify cases of
enforced disappearance or to identify the perpetrators of an enforced
disappearance ; ( b ) Without prejudice to other criminal procedures ,
aggravating circumstances , in particular in the event of the death of the
disappeared person or the commission of an enforced disappearance in respect of
pregnant women , minors , persons with disabilities or other particularly
vulnerable persons . Article 8 Without prejudice to article 5 , A State Party
which applies a statute of limitations in respect of enforced disappearance
shall take the necessary measures to ensure that the term of limitation for
criminal proceedings : ( a ) Is of long duration and is proportionate to the
extreme seriousness of this offence ; ( b ) Commences from the moment when the
offence of
enforced disappearance ceases , taking into account its continuous nature .
Each State Party shall guarantee the right of victims of enforced disappearance
to an effective remedy during the term of limitation . Article 9 Each State
Party shall take the necessary measures to establish its competence to exercise
jurisdiction over the offence of enforced disappearance : ( a ) When the
offence is committed in any territory under its jurisdiction or on board a ship
or aircraft registered in that State ; ( b ) When the alleged offender is one
of its nationals ; ( c ) When the disappeared person is one of its nationals
and the State Party considers it appropriate . Each State Party shall likewise
take such measures as may be necessary to establish its competence to exercise
jurisdiction over the offence of enforced disappearance when the alleged
offender is present in any territory under its jurisdiction , unless it
extradites or surrenders him or her to another State in accordance with it
s international obligations or surrenders him or her to an international
criminal tribunal whose jurisdiction it has recognized . This Convention does
not exclude any additional criminal jurisdiction exercised in accordance with
national law . Article 10 Upon being satisfied , after an examination of the
information available to it , that the circumstances so warrant , any State
Party in whose territory a person suspected of having committed an offence of
enforced disappearance is present shall take him or her into custody or take
such other legal measures as are necessary to ensure his or her presence . The
custody and other legal measures shall be as provided for in the law of that
State Party but may be maintained only for such time as is necessary to ensure
the person 's presence at criminal , surrender or extradition proceedings . A
State Party which has taken the measures referred to in paragraph 1 of this
article shall immediately carry out a preliminary inquiry or investigat
ions to establish the facts . It shall notify the States Parties referred to
in article 9 , paragraph 1 , of the measures it has taken in pursuance of
paragraph 1 of this article , including detention and the circumstances
warranting detention , and of the findings of its preliminary inquiry or its
investigations , indicating whether it intends to exercise its jurisdiction .
Any person in custody pursuant to paragraph 1 of this article may communicate
immediately with the nearest appropriate representative of the State of which
he or she is a national , or , if he or she is a stateless person , with the
representative of the State where he or she usually resides . Article 11 The
State Party in the territory under whose jurisdiction a person alleged to have
committed an offence of enforced disappearance is found shall , if it does not
extradite that person or surrender him or her to another State in accordance
with its international obligations or surrender him or her to an internati
onal criminal tribunal whose jurisdiction it has recognized , submit the case
to its competent authorities for the purpose of prosecution . These authorities
shall take their decision in the same manner as in the case of any ordinary
offence of a serious nature under the law of that State Party . In the cases
referred to in article 9 , paragraph 2 , the standards of evidence required for
prosecution and conviction shall in no way be less stringent than those which
apply in the cases referred to in article 9 , paragraph 1. Any person against
whom proceedings are brought in connection with an offence of enforced
disappearance shall be guaranteed fair treatment at all stages of the
proceedings . Any person tried for an offence of enforced disappearance shall
benefit from a fair trial before a competent , independent and impartial court
or tribunal established by law . Article 12 Each State Party shall ensure that
any individual who alleges that a person has been subjected to enforced d
isappearance has the right to report the facts to the competent authorities ,
which shall examine the allegation promptly and impartially and , where
necessary , undertake without delay a thorough and impartial investigation .
Appropriate steps shall be taken , where necessary , to ensure that the
complainant , witnesses , relatives of the disappeared person and their defence
counsel , as well as persons participating in the investigation , are protected
against all ill-treatment or intimidation as a consequence of the complaint or
any evidence given . Where there are reasonable grounds for believing that a
person has been subjected to enforced disappearance , the authorities referred
to in paragraph 1 of this article shall undertake an investigation , even if
there has been no formal complaint . Each State Party shall ensure that the
authorities referred to in paragraph 1 of this article : ( a ) Have the
necessary powers and resources to conduct the investigation effectively , incl
uding access to the documentation and other information relevant to their
investigation ; ( b ) Have access , if necessary with the prior authorization
of a judicial authority , which shall rule promptly on the matter , to any
place of detention or any other place where there are reasonable grounds to
believe that the disappeared person may be present . Each State Party shall
take the necessary measures to prevent and sanction acts that hinder the
conduct of an investigation . It shall ensure in particular that persons
suspected of having committed an offence of enforced disappearance are not in a
position to influence the progress of an investigation by means of pressure or
acts of intimidation or reprisal aimed at the complainant , witnesses ,
relatives of the disappeared person or their defence counsel , or at persons
participating in the investigation . Article 13 For the purposes of extradition
between States Parties , the offence of enforced disappearance shall not be
regarded
as a political offence or as an offence connected with a political offence or
as an offence inspired by political motives . Accordingly , a request for
extradition based on such an offence may not be refused on these grounds alone
. The offence of enforced disappearance shall be deemed to be included as an
extraditable offence in any extradition treaty existing between States Parties
before the entry into force of this Convention . States Parties undertake to
include the offence of enforced disappearance as an extraditable offence in any
extradition treaty subsequently to be concluded between them . If a State Party
which makes extradition conditional on the existence of a treaty receives a
request for extradition from another State Party with which it has no
extradition treaty , it may consider this Convention as the necessary legal
basis for extradition in respect of the offence of enforced disappearance .
States Parties which do not make extradition conditional on the existence
of a treaty shall recognize the offence of enforced disappearance as an
extraditable offence between themselves . Extradition shall , in all cases , be
subject to the conditions provided for by the law of the requested State Party
or by applicable extradition treaties , including , in particular , conditions
relating to the minimum penalty requirement for extradition and the grounds
upon which the requested State Party may refuse extradition or make it subject
to certain conditions . Nothing in this Convention shall be interpreted as
imposing an obligation to extradite if the requested State Party has
substantial grounds for believing that the request has been made for the
purpose of prosecuting or punishing a person on account of that person 's sex ,
race , religion , nationality , ethnic origin , political opinions or
membership of a particular social group , or that compliance with the request
would cause harm to that person for any one of these reasons . Article 14
States Partie
s shall afford one another the greatest measure of mutual legal assistance in
connection with criminal proceedings brought in respect of an offence of
enforced disappearance , including the supply of all evidence at their disposal
that is necessary for the proceedings . Such mutual legal assistance shall be
subject to the conditions provided for by the domestic law of the requested
State Party or by applicable treaties on mutual legal assistance , including ,
in particular , the conditions in relation to the grounds upon which the
requested State Party may refuse to grant mutual legal assistance or may make
it subject to conditions . Article 15 States Parties shall cooperate with each
other and shall afford one another the greatest measure of mutual assistance
with a view to assisting victims of enforced disappearance , and in searching
for , locating and releasing disappeared persons and , in the event of death ,
in exhuming and identifying them and returning their remains . Articl
e 16 No State Party shall expel , return ( â refouler â ) , surrender or
extradite a person to another State where there are substantial grounds for
believing that he or she would be in danger of being subjected to enforced
disappearance . For the purpose of determining whether there are such grounds ,
the competent authorities shall take into account all relevant considerations ,
including , where applicable , the existence in the State concerned of a
consistent pattern of gross , flagrant or mass violations of human rights or of
serious violations of international humanitarian law . Article 17 No one shall
be held in secret detention . Without prejudice to other international
obligations of the State Party with regard to the deprivation of liberty , each
State Party shall , in its legislation : ( a ) Establish the conditions under
which orders of deprivation of liberty may be given ; ( b ) Indicate those
authorities authorized to order the deprivation of liberty ; ( c ) Guaran
tee that any person deprived of liberty shall be held solely in officially
recognized and supervised places of deprivation of liberty ; ( d ) Guarantee
that any person deprived of liberty shall be authorized to communicate with and
be visited by his or her family , counsel or any other person of his or her
choice , subject only to the conditions established by law , or , if he or she
is a foreigner , to communicate with his or her consular authorities , in
accordance with applicable international law ; ( e ) Guarantee access by the
competent and legally authorized authorities and institutions to the places
where persons are deprived of liberty , if necessary with prior authorization
from a judicial authority ; ( f ) Guarantee that any person deprived of liberty
or , in the case of a suspected enforced disappearance , since the person
deprived of liberty is not able to exercise this right , any persons with a
legitimate interest , such as relatives of the person deprived of liberty ,
their representatives or their counsel , shall , in all circumstances , be
entitled to take proceedings before a court , in order that the court may
decide without delay on the lawfulness of the deprivation of liberty and order
the person 's release if such deprivation of liberty is not lawful . Each State
Party shall assure the compilation and maintenance of one or more up-to-date
official registers and/or records of persons deprived of liberty , which shall
be made promptly available , upon request , to any judicial or other competent
authority or institution authorized for that purpose by the law of the State
Party concerned or any relevant international legal instrument to which the
State concerned is a party . The information contained therein shall include ,
as a minimum : ( a ) The identity of the person deprived of liberty ; ( b ) The
date , time and place where the person was deprived of liberty and the identity
of the authority that deprived the person of liberty ; ( c )
The authority that ordered the deprivation of liberty and the grounds for the
deprivation of liberty ; ( d ) The authority responsible for supervising the
deprivation of liberty ; ( e ) The place of deprivation of liberty , the date
and time of admission to the place of deprivation of liberty and the authority
responsible for the place of deprivation of liberty ; ( f ) Elements relating
to the state of health of the person deprived of liberty ; ( g ) In the event
of death during the deprivation of liberty , the circumstances and cause of
death and the destination of the remains ; ( h ) The date and time of release
or transfer to another place of detention , the destination and the authority
responsible for the transfer . Article 18 Subject to articles 19 and 20 , each
State Party shall guarantee to any person with a legitimate interest in this
information , such as relatives of the person deprived of liberty , their
representatives or their counsel , access to at least the following
information : ( a ) The authority that ordered the deprivation of liberty ; (
b ) The date , time and place where the person was deprived of liberty and
admitted to the place of deprivation of liberty ; ( c ) The authority
responsible for supervising the deprivation of liberty ; ( d ) The whereabouts
of the person deprived of liberty , including , in the event of a transfer to
another place of deprivation of liberty , the destination and the authority
responsible for the transfer ; ( e ) The date , time and place of release ; ( f
) Elements relating to the state of health of the person deprived of liberty ;
( g ) In the event of death during the deprivation of liberty , the
circumstances and cause of death and the destination of the remains .
Appropriate measures shall be taken , where necessary , to protect the persons
referred to in paragraph 1 of this article , as well as persons participating
in the investigation , from any ill-treatment , intimidation or sanction as a
result o
f the search for information concerning a person deprived of liberty . Article
19 Personal information , including medical and genetic data , which is
collected and/or transmitted within the framework of the search for a
disappeared person shall not be used or made available for purposes other than
the search for the disappeared person . This is without prejudice to the use of
such information in criminal proceedings relating to an offence of enforced
disappearance or the exercise of the right to obtain reparation . The
collection , processing , use and storage of personal information , including
medical and genetic data , shall not infringe or have the effect of infringing
the human rights , fundamental freedoms or human dignity of an individual .
Article 20 Only where a person is under the protection of the law and the
deprivation of liberty is subject to judicial control may the right to
information referred to in article 18 be restricted , on an exceptional basis ,
where strictl
y necessary and where provided for by law , and if the transmission of the
information would adversely affect the privacy or safety of the person , hinder
a criminal investigation , or for other equivalent reasons in accordance with
the law , and in conformity with applicable international law and with the
objectives of this Convention . In no case shall there be restrictions on the
right to information referred to in article 18 that could constitute conduct
defined in article 2 or be in violation of article 17 , paragraph 1. Without
prejudice to consideration of the lawfulness of the deprivation of a person 's
liberty , States Parties shall guarantee to the persons referred to in article
18 , paragraph 1 , the right to a prompt and effective judicial remedy as a
means of obtaining without delay the information referred to in article 18 ,
paragraph 1. This right to a remedy may not be suspended or restricted in any
circumstances . Article 21 Each State Party shall take the necessary
measures to ensure that persons deprived of liberty are released in a manner
permitting reliable verification that they have actually been released . Each
State Party shall also take the necessary measures to assure the physical
integrity of such persons and their ability to exercise fully their rights at
the time of release , without prejudice to any obligations to which such
persons may be subject under national law . Article 22 Without prejudice to
article 6 , each State Party shall take the necessary measures to prevent and
impose sanctions for the following conduct : ( a ) Delaying or obstructing the
remedies referred to in article 17 , paragraph 2 ( f ) , and article 20 ,
paragraph 2 ; ( b ) Failure to record the deprivation of liberty of any person
, or the recording of any information which the official responsible for the
official register knew or should have known to be inaccurate ; ( c ) Refusal to
provide information on the deprivation of liberty of a person , or the pr
ovision of inaccurate information , even though the legal requirements for
providing such information have been met . Article 23 Each State Party shall
ensure that the training of law enforcement personnel , civil or military ,
medical personnel , public officials and other persons who may be involved in
the custody or treatment of any person deprived of liberty includes the
necessary education and information regarding the relevant provisions of this
Convention , in order to : ( a ) Prevent the involvement of such officials in
enforced disappearances ; ( b ) Emphasize the importance of prevention and
investigations in relation to enforced disappearances ; ( c ) Ensure that the
urgent need to resolve cases of enforced disappearance is recognized . Each
State Party shall ensure that orders or instructions prescribing , authorizing
or encouraging enforced disappearance are prohibited . Each State Party shall
guarantee that a person who refuses to obey such an order will not be punishe
d . Each State Party shall take the necessary measures to ensure that the
persons referred to in paragraph 1 of this article who have reason to believe
that an enforced disappearance has occurred or is planned report the matter to
their superiors and , where necessary , to the appropriate authorities or
bodies vested with powers of review or remedy . Article 24 For the purposes of
this Convention , â victim â means the disappeared person and any
individual who has suffered harm as the direct result of an enforced
disappearance . Each victim has the right to know the truth regarding the
circumstances of the enforced disappearance , the progress and results of the
investigation and the fate of the disappeared person . Each State Party shall
take appropriate measures in this regard . Each State Party shall take all
appropriate measures to search for , locate and release disappeared persons and
, in the event of death , to locate , respect and return their remains . Each
State Party
shall ensure in its legal system that the victims of enforced disappearance
have the right to obtain reparation and prompt , fair and adequate compensation
. The right to obtain reparation referred to in paragraph 4 of this article
covers material and moral damages and , where appropriate , other forms of
reparation such as : ( a ) Restitution ; ( b ) Rehabilitation ; ( c )
Satisfaction , including restoration of dignity and reputation ; ( d )
Guarantees of non-repetition . Without prejudice to the obligation to continue
the investigation until the fate of the disappeared person has been clarified ,
each State Party shall take the appropriate steps with regard to the legal
situation of disappeared persons whose fate has not been clarified and that of
their relatives , in fields such as social welfare , financial matters , family
law and property rights . Each State Party shall guarantee the right to form
and participate freely in organizations and associations concerned with attemp
ting to establish the circumstances of enforced disappearances and the fate of
disappeared persons , and to assist victims of enforced disappearance . Article
25 Each State Party shall take the necessary measures to prevent and punish
under its criminal law : ( a ) The wrongful removal of children who are
subjected to enforced disappearance , children whose father , mother or legal
guardian is subjected to enforced disappearance or children born during the
captivity of a mother subjected to enforced disappearance ; ( b ) The
falsification , concealment or destruction of documents attesting to the true
identity of the children referred to in subparagraph ( a ) above . Each State
Party shall take the necessary measures to search for and identify the children
referred to in paragraph 1 ( a ) of this article and to return them to their
families of origin , in accordance with legal procedures and applicable
international agreements . States Parties shall assist one another in searching
f
or , identifying and locating the children referred to in paragraph 1 ( a ) of
this article . Given the need to protect the best interests of the children
referred to in paragraph 1 ( a ) of this article and their right to preserve ,
or to have re-established , their identity , including their nationality , name
and family relations as recognized by law , States Parties which recognize a
system of adoption or other form of placement of children shall have legal
procedures in place to review the adoption or placement procedure , and , where
appropriate , to annul any adoption or placement of children that originated in
an enforced disappearance . In all cases , and in particular in all matters
relating to this article , the best interests of the child shall be a primary
consideration , and a child who is capable of forming his or her own views
shall have the right to express those views freely , the views of the child
being given due weight in accordance with the age and maturity of
the child . Part II Article 26 A Committee on Enforced Disappearances (
hereinafter referred to as â the Committee â ) shall be established to
carry out the functions provided for under this Convention . The Committee
shall consist of ten experts of high moral character and recognized competence
in the field of human rights , who shall serve in their personal capacity and
be independent and impartial . The members of the Committee shall be elected by
the States Parties according to equitable geographical distribution . Due
account shall be taken of the usefulness of the participation in the work of
the Committee of persons having relevant legal experience and of balanced
gender representation . The members of the Committee shall be elected by secret
ballot from a list of persons nominated by States Parties from among their
nationals , at biennial meetings of the States Parties convened by the
Secretary General of the United Nations for this purpose . At those meetings ,
for whic
h two thirds of the States Parties shall constitute a quorum , the persons
elected to the Committee shall be those who obtain the largest number of votes
and an absolute majority of the votes of the representatives of States Parties
present and voting . The initial election shall be held no later than six
months after the date of entry into force of this Convention . Four months
before the date of each election , the Secretary-General of the United Nations
shall address a letter to the States Parties inviting them to submit
nominations within three months . The Secretary-General shall prepare a list in
alphabetical order of all persons thus nominated , indicating the State Party
which nominated each candidate , and shall submit this list to all States
Parties . The members of the Committee shall be elected for a term of four
years . They shall be eligible for re-election once . However , the term of
five of the members elected at the first election shall expire at the end of
two yea
rs ; immediately after the first election , the names of these five members
shall be chosen by lot by the chairman of the meeting referred to in paragraph
2 of this article . If a member of the Committee dies or resigns or for any
other reason can no longer perform his or her Committee duties , the State
Party which nominated him or her shall , in accordance with the criteria set
out in paragraph 1 of this article , appoint another candidate from among its
nationals to serve out his or her term , subject to the approval of the
majority of the States Parties . Such approval shall be considered to have been
obtained unless half or more of the States Parties respond negatively within
six weeks of having been informed by the Secretary-General of the United
Nations of the proposed appointment . The Committee shall establish its own
rules of procedure . The Secretary-General of the United Nations shall provide
the Committee with the necessary means , staff and facilities for the effective
performance of its functions . The Secretary-General of the United Nations
shall convene the initial meeting of the Committee . The members of the
Committee shall be entitled to the facilities , privileges and immunities of
experts on mission for the United Nations , as laid down in the relevant
sections of the Convention on the Privileges and Immunities of the United
Nations . Each State Party shall cooperate with the Committee and assist its
members in the fulfilment of their mandate , to the extent of the Committee 's
functions that the State Party has accepted . Article 27 A Conference of the
States Parties will take place at the earliest four years and at the latest six
years following the entry into force of this Convention to evaluate the
functioning of the Committee and to decide , in accordance with the procedure
described in article 44 , paragraph 2 , whether it is appropriate to transfer
to another body â without excluding any possibility â the monitoring of
this Con
vention , in accordance with the functions defined in articles 28 to 36.
Article 28 In the framework of the competencies granted by this Convention ,
the Committee shall cooperate with all relevant organs , offices and
specialized agencies and funds of the United Nations , with the treaty bodies
instituted by international instruments , with the special procedures of the
United Nations and with the relevant regional intergovernmental organizations
or bodies , as well as with all relevant State institutions , agencies or
offices working towards the protection of all persons against enforced
disappearances . As it discharges its mandate , the Committee shall consult
other treaty bodies instituted by relevant international human rights
instruments , in particular the Human Rights Committee instituted by the
International Covenant on Civil and Political Rights , with a view to ensuring
the consistency of their respective observations and recommendations . Article
29 Each State Party sha
ll submit to the Committee , through the Secretary-General of the United
Nations , a report on the measures taken to give effect to its obligations
under this Convention , within two years after the entry into force of this
Convention for the State Party concerned . The Secretary-General of the United
Nations shall make this report available to all States Parties . Each report
shall be considered by the Committee , which shall issue such comments ,
observations or recommendations as it may deem appropriate . The comments ,
observations or recommendations shall be communicated to the State Party
concerned , which may respond to them , on its own initiative or at the request
of the Committee . The Committee may also request States Parties to provide
additional information on the implementation of this Convention . Article 30 A
request that a disappeared person should be sought and found may be submitted
to the Committee , as a matter of urgency , by relatives of the disappeared
person
or their legal representatives , their counsel or any person authorized by
them , as well as by any other person having a legitimate interest . If the
Committee considers that a request for urgent action submitted in pursuance of
paragraph 1 of this article : ( a ) Is not manifestly unfounded ; ( b ) Does
not constitute an abuse of the right of submission of such requests ; ( c ) Has
already been duly presented to the competent bodies of the State Party
concerned , such as those authorized to undertake investigations , where such a
possibility exists ; ( d ) Is not incompatible with the provisions of this
Convention ; and ( e ) The same matter is not being examined under another
procedure of international investigation or settlement of the same nature ; it
shall request the State Party concerned to provide it with information on the
situation of the persons sought , within a time limit set by the Committee . In
the light of the information provided by the State Party concerned in a
ccordance with paragraph 2 of this article , the Committee may transmit
recommendations to the State Party , including a request that the State Party
should take all the necessary measures , including interim measures , to locate
and protect the person concerned in accordance with this Convention and to
inform the Committee , within a specified period of time , of measures taken ,
taking into account the urgency of the situation . The Committee shall inform
the person submitting the urgent action request of its recommendations and of
the information provided to it by the State as it becomes available . The
Committee shall continue its efforts to work with the State Party concerned for
as long as the fate of the person sought remains unresolved . The person
presenting the request shall be kept informed . Article 31 A State Party may at
the time of ratification of this Convention or at any time afterwards declare
that it recognizes the competence of the Committee to receive and consid
er communications from or on behalf of individuals subject to its jurisdiction
claiming to be victims of a violation by this State Party of provisions of this
Convention . The Committee shall not admit any communication concerning a State
Party which has not made such a declaration . The Committee shall consider a
communication inadmissible where : ( a ) The communication is anonymous ; ( b )
The communication constitutes an abuse of the right of submission of such
communications or is incompatible with the provisions of this Convention ; ( c
) The same matter is being examined under another procedure of international
investigation or settlement of the same nature ; or where ( d ) All effective
available domestic remedies have not been exhausted . This rule shall not apply
where the application of the remedies is unreasonably prolonged . If the
Committee considers that the communication meets the requirements set out in
paragraph 2 of this article , it shall transmit the communicati
on to the State Party concerned , requesting it to provide observations and
comments within a time limit set by the Committee . At any time after the
receipt of a communication and before a determination on the merits has been
reached , the Committee may transmit to the State Party concerned for its
urgent consideration a request that the State Party will take such interim
measures as may be necessary to avoid possible irreparable damage to the
victims of the alleged violation . Where the Committee exercises its discretion
, this does not imply a determination on admissibility or on the merits of the
communication . The Committee shall hold closed meetings when examining
communications under the present article . It shall inform the author of a
communication of the responses provided by the State Party concerned . When the
Committee decides to finalize the procedure , it shall communicate its views to
the State Party and to the author of the communication . Article 32 A State
Party
to this Convention may at any time declare that it recognizes the competence
of the Committee to receive and consider communications in which a State Party
claims that another State Party is not fulfilling its obligations under this
Convention . The Committee shall not receive communications concerning a State
Party which has not made such a declaration , nor communications from a State
Party which has not made such a declaration . Article 33 If the Committee
receives liable information indicating that a State Party is seriously
violating the provisions of this Convention , it may , after consultation with
the State Party concerned , request one or more of its members to undertake a
visit and report back to it without delay . The Committee shall notify the
State Party concerned , in writing , of its intention to organize a visit ,
indicating the composition of the delegation and the purpose of the visit . The
State Party shall answer the Committee within a reasonable time . Upon a s
ubstantiated request by the State Party , the Committee may decide to postpone
or cancel its visit . If the State Party agrees to the visit , the Committee
and the State Party concerned shall work together to define the modalities of
the visit and the State Party shall provide the Committee with all the
facilities needed for the successful completion of the visit . Following its
visit , the Committee shall communicate to the State Party concerned its
observations and recommendations . Article 34 If the Committee receives
information which appears to it to contain well-founded indications that
enforced disappearance is being practised on a widespread or systematic basis
in the territory under the jurisdiction of a State Party , it may , after
seeking from the State Party concerned all relevant information on the
situation , urgently bring the matter to the attention of the General Assembly
of the United Nations , through the Secretary-General of the United Nations .
Article 35 The Co
mmittee shall have competence solely in respect of enforced disappearances
which commenced after the entry into force of this Convention . If a State
becomes a party to this Convention after its entry into force , the obligations
of that State vis-Ã -vis the Committee shall relate only to enforced
disappearances which commenced after the entry into force of this Convention
for the State concerned . Article 36 The Committee shall submit an annual
report on its activities under this Convention to the States Parties and to the
General Assembly of the United Nations . Before an observation on a State Party
is published in the annual report , the State Party concerned shall be informed
in advance and shall be given reasonable time to answer . This State Party may
request the publication of its comments or observations in the report . Part
III Article 37 Nothing in this Convention shall affect any provisions which are
more conducive to the protection of all persons from enforced disappear
ance and which may be contained in : ( a ) The law of a State Party ; ( b )
International law in force for that State . Article 38 This Convention is open
for signature by all Member States of the United Nations . This Convention is
subject to ratification by all Member States of the United Nations .
Instruments of ratification shall be deposited with the Secretary-General of
the United Nations . This Convention is open to accession by all Member States
of the United Nations . Accession shall be effected by the deposit of an
instrument of accession with the Secretary-General . Article 39 This Convention
shall enter into force on the thirtieth day after the date of deposit with the
Secretary-General of the United Nations of the twentieth instrument of
ratification or accession . For each State ratifying or acceding to this
Convention after the deposit of the twentieth instrument of ratification or
accession , this Convention shall enter into force on the thirtieth day after
the date
of the deposit of that State 's instrument of ratification or accession .
Article 40 The Secretary-General of the United Nations shall notify all States
Members of the United Nations and all States which have signed or acceded to
this Convention of the following : ( a ) Signatures , ratifications and
accessions under article 38 ; ( b ) The date of entry into force of this
Convention under article 39. Article 41 The provisions of this Convention shall
apply to all parts of federal States without any limitations or exceptions .
Article 42 Any dispute between two or more States Parties concerning the
interpretation or application of this Convention which cannot be settled
through negotiation or by the procedures expressly provided for in this
Convention shall , at the request of one of them , be submitted to arbitration
. If within six months from the date of the request for arbitration the Parties
are unable to agree on the organization of the arbitration , any one of those
Parties ma
y refer the dispute to the International Court of Justice by request in
conformity with the Statute of the Court . A State may , at the time of
signature or ratification of this Convention or accession thereto , declare
that it does not consider itself bound by paragraph 1 of this article . The
other States Parties shall not be bound by paragraph 1 of this article with
respect to any State Party having made such a declaration . Any State Party
having made a declaration in accordance with the provisions of paragraph 2 of
this article may at any time withdraw this declaration by notification to the
Secretary-General of the United Nations . Article 43 This Convention is without
prejudice to the provisions of international humanitarian law , including the
obligations of the High Contracting Parties to the four Geneva Conventions of
12 August 1949 and the two Additional Protocols thereto of 8 June 1977 , or to
the opportunity available to any State Party to authorize the International Co
mmittee of the Red Cross to visit places of detention in situations not
covered by international humanitarian law . Article 44 Any State Party to this
Convention may propose an amendment and file it with the Secretary General of
the United Nations . The Secretary-General shall thereupon communicate the
proposed amendment to the States Parties to this Convention with a request that
they indicate whether they favour a conference of States Parties for the
purpose of considering and voting upon the proposal . In the event that within
four months from the date of such communication at least one third of the
States Parties favour such a conference , the Secretary-General shall convene
the conference under the auspices of the United Nations . Any amendment adopted
by a majority of two thirds of the States Parties present and voting at the
conference shall be submitted by the Secretary-General of the United Nations to
all the States Parties for acceptance . An amendment adopted in accordanc
e with paragraph 1 of this article shall enter into force when two thirds of
the States Parties to this Convention have accepted it in accordance with their
respective constitutional processes . When amendments enter into force , they
shall be binding on those States Parties which have accepted them , other
States Parties still being bound by the provisions of this Convention and any
earlier amendment which they have accepted . Article 45 This Convention , of
which the Arabic , Chinese , English , French , Russian and Spanish texts are
equally authentic , shall be deposited with the Secretary-General of the United
Nations . The Secretary-General of the United Nations shall transmit certified
copies of this Convention to all States referred to in article 38. * Text
recommended by the Human Rights Council for adoption by the General Assembly (
see Official Records of the General Assembly , Sixty-first Session , Supplement
No. 53 ( A/61/53 ) , part one , chap . Official Records of the
General Assembly , Sixty-first Session , Supplement No. 53 ( A/61/53 ) , part
one , chap . II . A , resolution 1/1 , annex .
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