At Paris, on 6 February 2007, the International Convention for the Protection of All Persons from Enforced Disappearance is opened for signature, having been adopted by the United Nations General Assembly in resolution 61/177 of 20 December 2006. The text is open for signature by all Member States of the United Nations; the Secretary-General is the Depositary. The Convention enters into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession.

The preamble links the Charter obligation to promote universal respect for human rights to the Universal Declaration of Human Rights, the two 1966 Covenants and the 1992 Declaration on the Protection of All Persons from Enforced Disappearance. The States Parties are aware of the extreme seriousness of enforced disappearance — a crime and, in certain circumstances defined in international law, a crime against humanity — and affirm the right of any victim to know the truth about the circumstances of an enforced disappearance and the fate of the disappeared person.

Article 1 absolutely prohibits enforced disappearance: no one shall be subjected to it, and 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. Article 2 defines enforced disappearance 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 3 requires appropriate measures to investigate acts defined in Article 2 committed without the authorization, support or acquiescence of the State. Article 4 requires that enforced disappearance constitute an offence under domestic criminal law. Article 5 provides that the widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law. Article 6 requires criminal responsibility at least for persons who commit, order, solicit, induce, attempt, are accomplices to or participate in an enforced disappearance, and for superiors who knew or consciously disregarded clear information and failed to take all necessary and reasonable measures; no order or instruction from any public authority may be invoked to justify the offence.

Articles 7–13 govern penalties taking into account extreme seriousness, mitigating and aggravating circumstances, statutes of limitations of long duration commencing when the offence ceases (taking into account its continuous nature), jurisdiction (including when the alleged offender is present in the territory), custody and preliminary inquiry, the duty to prosecute if the person is not extradited or surrendered, the right to report facts, investigations even without a formal complaint, and the rule that the offence shall not be regarded as a political offence for extradition purposes.

Article 24 recognises the victim’s right to obtain reparation and prompt, fair and adequate compensation, covering material and moral damages and, where appropriate, restitution, rehabilitation, satisfaction (including restoration of dignity) and guarantees of non-repetition; victims and relatives have the right to know the truth about the circumstances and fate. The Convention establishes a Committee on Enforced Disappearances, elected by the States Parties, with functions including consideration of reports, country visits and individual communications under later articles.

Article 38 opens the Convention for signature by all Member States of the United Nations. Article 39 provides for entry into force on the thirtieth day after the twentieth instrument of ratification or accession is deposited with the Secretary-General. The Paris ceremony of 6 February 2007 is the opening for signature, not the date of General Assembly adoption of the text.

Image: French Ministry of Foreign Affairs / Quai d'Orsay, Paris; Médiathèque de l'architecture et du patrimoine, public domain, Wikimedia Commons. Cropped to 16:9.

Source consulted: International Convention for the Protection of All Persons from Enforced Disappearance. Treaty text: International Convention for the Protection of All Persons from Enforced Disappearance, OHCHR.