DRAFT RESOLUTION 1
The United Nations Human Rights Council,
Sponsors: France, Germany
Signatories: Albania, Algeria, Belgium, Botswana, Congo, Cuba, Ecuador, El Salvador, Ethopia, Japan, Kenya, Maldives, Morocco, Namibia, Netherlands, Panama, Qatar, South Africa, Slovenia, Togo, Venezuela, Vietnam, India, United Kingdom
Recalling the Universal Declaration of Human Rights, which guarantees the right to life, security and liberty of a person,
Further recalling Protocol I additional of 1977 to the Geneva Conventions of 1949 (Protocol I), about Civil Defence and its applicability in International Law,
Bearing in mind Article 1(4) of the International Covenant for Civil and Political Rights which discusses emergency derogations from otherwise guaranteed rights and freedoms,
Convinced that there is an immediate need to modify the International Convention for the Protection of All Persons from Enforced Disappearance,
Welcoming the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance,
Expressing its profound emotion at the anguish and sorrow of the families concerned, who are unsure and concerned of the fate of their relatives,
Concerned by the increasing number of reports on harassment of witnesses of disappearanced or their relatives of disappeared persons,
Acknowledging that Enforced Disappearances as Crimes against Humanity under International Humanitarian Law,
Keeping in mind the interests of national security as opposed to the transparency required of a state,
Noting that the Working Group on Enforced on Involuntary Disappearances considers the adopting the Declaration as a most encouraging development since its establishment with respect to the efforts for combating enforced disappearances, especially in so far as it recognizes that the practice of such acts is of the nature of a crime against humanity,
Taking note of the UN Special Rapporteur for Extrajudicial, Summary or Arbitrary Arrests working under Resolution 26/12 of the United Nations Human Rights Council,
Deeply concerned about the growing trend of torture, and other inhumane treatments such as harassment, prosecution and degradation,
1) Recommends the need to bring emergency provisions under Article 1(2) of the convention on Enforced Disappearances and Involuntary disappearances which will seek to offer member states full freedom in dealing with alleged cases of enforced disappearances during times of emergency, such as internal/external wars;
2) Recommends the need to make a distinction between stand-alone cases of disappearances and disappearance of groups of people or said disappearance during on-going civil strife and other exceptional circumstances such as political or economical instability, threats of war, war or civil war;
3) Recommends the state parties to designate the right and the duty to the member states to use any and all evidence procured through non routine investigative means with detainees in order to conduct free and fair trials for the said trials under the public judicial systems of the member states;
4) Emphasises that states should take full responsibility for the family of the disappeared and will, in tandem with the following organisation, help hold up the Right to Reparation of the immediate family of the disappeared and help protect their social, cultural, political and economic rights;
5) Recommends the state parties that transitional justice mechanisms should have a gender-sensitive approach towards the investigation, reparations which are associated with enforced disappearances;
6) Recommends States parties to define enforced disappearance as an independent crime along with the consequences provided in conventional and customary international law while drafting the enforced disappearances as a crime, states parties need to take into account their obligations;
7) Recommends States parties to define the conduct of arrest ,detention, abduction, armed conflict or any other form of deprivation of liberty as a crime in national criminal law when it is carried out by persons who are not of the member state or by person or groups of persons acting without any authorization, support or acquiescence of the state;
8) Recommends States parties to ensure that they incorporate a rule of superior responsibility for commanders and superiors in accordance with the strictest requirements of international law;
9) Recommends State parties to expressly prohibit secret detention in national laws and define it according to the essential elements identified above and all other forms of unofficial detention with the exception of exceptional situations;
10) Recommends State parties to act on information submitted regarding alleged cases and arbitrary detention with attention by sending urgent appeals and communicate to the concerned government to bring to their attention and to clarify these cases;
11) Encourages State parties for the creation of collaborative networks of connections to build mutual understanding, promoting dialogue and for the constructive action towards shared policy goals and the pursuit of catastropic outcomes, such as servicing projects in the fields of education, employment, conflict prevention, health, integration and media education;
12) Recommends State parties to consider changes in relevant state practice on rehabilitation policies and programmes and their implementation, including laws or policies and programmes defining access to services for funding and sources;
13) Expresses its appreciation to the Working Group on Enforced or Involuntary Disappearances for its contribution towards humanitarian work:
i. Requests the Working Group for the continued exercise of its mandate, and consider into account the provisions of the Declaration on the Protection of All Persons from Enforced Disappearance, and to change the methods if necessary,
ii. Recommends the Working Group on Enforced or Involuntary Disappearances to prevent obstacles for the realization of the provisions in the Declaration and to recommend ways of overcoming all the obstacles, by considering the discussions of the Sub-Commission on Prevention of Discrimination and Protection of Minorities,
iii. Encourages the Working Group to continue to consider question of impunity, in close collaboration with the rapporteur appointed by the Commission on Prevention of Discrimination and Protection of Minorities and with regard to the relevant provisions of the Declaration;
14) Further Recommends the setting up of the Council of Measures Against Enforced Disappearances (hereinafter referred to as CMED), a new organisation under the UN in order to bring about protection of the rights and the legal status (or the lack thereof) of the victims which will work together with states in order to tackle the issue of enforced disappearances and its impact on the immediate family of the disappeared in a variety of ways, as follows:
i. The CMED shall consist of a panel of 10 members from three major backgrounds – 5 members with a vast experience of dealing with the legality of enforced disappearances, 5 members who have been a part of rehab and reparation activities for victims of major crimes against humanity, The members of the CMED will be elected by the member states and will work under the UN Special Rapporteur for Extrajudicial, Summary and Arbitrary Arrests,
ii. The members of the CMED 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 UN Special Rapporteur under the mandate of the UNHRC and the Secretary General of the United Nations for this purpose, At those meetings, for which 51% of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the highest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting,
iii. The initial election shall be held no later than three months after the date of entry into force of this Council, Three months before the date of each election, the UN Special Rapporteur shall address a letter to the States Parties inviting them to submit nominations within three months, He 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,
iv. The members of the CMED shall be elected for a term of three years, They shall be eligible for re-election once,
v. If a member of the CMED 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 sub clause (a) 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,
vi. The CMED will establish its own rules of procedure and will further establish a set of actions which in collaboration with the concerned state and other UN Bodies as required, can help bring about legal aid but also carry out reparation activities for victims and their family and it is for this reason that there lies a clear cut criteria for the selection the members of this panel, Also, since the mandate of the Special Rapporteur covers all countries, irrespective of whether a State has ratified relevant international Conventions, a greater number of countries can be held under the ambit of this Council unless derogations due to other clauses of this resolution take precedence,
vii. The CMED should ensure victims, their families and relatives who have lost their livelihood be provided with the utmost care in terms of economic, social and psychological aspects,
viii. All member nations will help in procuring funds for the CMED which will be aiding the nations without the economic stability to ensure the aides are given.