Dear friends,
The purpose of this message is to confirm the importance this day holds for the Working Group on Enforced or Involuntary Disappearances. I very much regret not to be present at this historic day, when the newly adopted Convention on Enforced Disappearances is to be signed. Unfortunately, the Working Group is currently conducting a field mission to two countries in Central America, and therefore it is physically impossible for me to be with you personally today.
As you are aware, the Working Group participated actively, and we trust constructively, duringthe sessions of the intergovernmental working group where the then draft Convention was beingdiscussed, under the invaluable leadership of Ambassador Bernard Kessedjian.
The end result, we believe, although not perfect (as any human creation) is an immense stepforward for the protection of persons against enforced disappearance. Actually, the right not to bedisappeared is, for the first time, clearly recognized as such. It is one right, that when violated, entailsone of the very gravest offences to human dignity. As it is well established in International Law, it is amultiple and complex violation of several human rights, and it also destroys the life and hopes ofindirect victims, like the parents, brothers and sisters and loved ones of the direct victims of enforceddisappearances. That is why this new Convention establishes that they are also victims of thishorrendous violation of human rights.
The Convention also enshrines other rights that are also directly or indirectly recognized inother international law instruments on the same subject matter. However, this Convention is veryemphatic and crystal clear about the fact that the indirect victims of this crime have the right to knowthe truth about the fate of the person disappeared and all the circumstances about this crime, as well asto recover the remains of their loved ones.
One important, or should I say, essential element of this Convention, also present in the 1992Declaration, is the establishment of guarantees towards the prohibition of all clandestine detentions, nomatter who the victim is nor in what circumstances he/she was taken. This principle should be kept inmind, and should be scrupulously respected by all Nations and by all authorities in the world. Itshould be remembered that, as established by this new Convention, acts of enforced disappearance orthat could lead to enforced disappearance are not justifiable under any circumstance, and the orders ofsuperiors, or situations of emergency cannot be used as excuses for the commission of such conduct.This Convention, for example, does something that the other international human rights lawinstruments on the subject had not done, which is to define that enforced disappearance is a crimeagainst humanity when the relevant circumstances contemplated by international law are present.
Another aspect that should be underlined is the fact that this Convention recognizes the right ofchildren of victims of enforced disappearance, to recover their identity if they had been subject toappropriation.
I would like to express that the Working Group welcomes, without any reservation, theestablishment of the monitoring body provided for in the Convention. This coexistence of a treatybody and a special procedure mandate already happens in other cases with positive results. (i.e.Torture, Discriminations against Women, Racial Discrimination).
One last word, to wholeheartedly congratulate the organizations of families of victims ofenforced disappearance for this new achievement. Had it not been for you, this would not behappening. Also, many other persons and organisations should be congratulated and thanked on thisday. I do not want to incur in inadmissible omissions, so, please, convey this message to anyone whohelped to make this Convention see the light of day. However, we still have work to do in theimmediate future. This Convention should enter into force without delay. That is why this day is soimportant, because it is a loud call to all countries encouraging them to ratify the convention. Allcountries of the world should become state parties to this convention, in order to confirm the universalvalue of the right not to be disappeared.
Thank you very much and warmest regards.
Santiago Corcuera
Chairperson-Rapporteur
Working Group on Enforcedor Involuntary Disappearances
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