Statement of AFAD on the 1st Anniversary of the entry into force of UN Convention Against Enforced Disappearance
23 December 2011

A Gift to Humanity, A Hope for the Future

  Last year, the world received one of the best Christmas gifts when the International Convention for the Protection of All Persons from Enforced Disappearance entered into force, 30 days after the deposit of the 20thinstrument of ratification by Iraq on 23 November 2010.

This new treaty is a gift to humanity as it recognizes that enforced disappearance is a global phenomenon that must be addressed globally. It is a major human rights concern of more than 90 countries based on the 2010 report of the UN Working Group on Enforced or Involuntary Disappearances (UNWGEID), a thematic UN body created in 1980 to monitor cases of enforced disappearances worldwide. Asia is the continent that has the highest number of disappearance cases.

The international treaty against enforced disappearances is also a gift to the families of the disappeared as it acknowledges that enforced disappearance brings havoc to the lives not only of the direct victims who are forcibly taken by agents of the States and denied access to legal safeguards by removing them from the protection of the law but also to the victims’ families, who endlessly suffer from the uncertainty of knowing the fate and whereabouts of their loved ones.

It is no doubt a gift to every human person as it guarantees the right not to be subjected to enforced disappearance.It provides that enforced disappearance can never be justified under any circumstances. The effective creation of a universal jurisdiction is one of the most important parts of the Convention. It also obliges States Parties to enact domestic laws that sanction enforced disappearances as a distinct crime.

This important treaty is especially valuable for the Asian region which is bereft of strong regional mechanisms for redress and of distinct laws criminalizing this odious practice. As of this time, 90 states have signed it and 30 are States-Parties. It is also important that the competence of the newly established Committee on Enforced Disappearances that accepts individual and inter-state communication be recognized by as many states as possible. The Committee on Enforced Disappearances can serve asa vehicle to ensure full implementation of the anti-disappearance treaty.  In cooperation with the UN Working Group on Enforced or Involuntary Disappearances, it can go a long way towards the attainment of truth and justice and ending impunity.

Today, the Asian Federation Against Involuntary Disappearances joins the families of the disappeared and human rights advocates around the world in commemorating the 1st anniversary of the entry into force of this International Convention Against Enforced Disappearance –a grand step in the fight against this global scourge. For the families of the disappeared who struggled for years to make it a reality, it is a gift and an inspiration to steadfastly make enforced disappearance disappear from the face of the earth. In the words of the late French Ambassador Bernard KessedjianBernanrd, “… make this huge hope of yesterday, the reality of tomorrow.”

MUGIYANTO                        MARY AILEEN D. BACALSO
Chairperson                           Secretary-General

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