Claiming Human Rights

Conceivable Actions related to the Committee on Enforced Disappearance

Request of Urgent Action

The Committee on Enforced Disappearance can be appealed in 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 “ (Article 30, paragraph 1).

The requirement of admissibility are as follows:

• the request is not manifestly unfounded
• does not constitute an abuse of the right of submission of such requests
• has already been duly presented to the competent bodies of the State party concerned
• the same matter is not being examined under another procedure of international investigation or settlement of the same nature
• is not incompatible with the provision of this Convention.

If the Committee considers the request admissible, it shall request the State Party concerned to provide information on the situation of the persons sought, within a time limit set by the Committee.

Individual Communications

Article 31 of the Convention provides for States which have accepted it, the possibility to submit individual communications. The communication will not be admissible if:

• it is anonymous
• it constitutes an abuse of the right of submission of such communications or is incompatible with provisions of the Convention
• it is being examined under another procedure of international investigation or settlement of the same nature
• all effective available domestic remedies have not been exhausted. This rule shall not apply where the application of the remedies is unreasonably prolonged.

The Committee can also, under the conditions laid down in Article 33, request its members to undertake a visit. In cases where the Committee receives information on a general or systematic practice of enforced disappearance in the territory under the jurisdiction of a State party, it may urgently bring the matter through the Secretary-General of the United Nations to the attention of the General Assembly of the United Nations (Article 34). Finally, Article 36 disposes that the Committee submits an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.

The Convention’s procedure of individual complaints has not yet entered into force. Situations can be submitted to the Working Group on Enforced Disappearances.