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A Precious Gift To Humanity
UNITED NATIONS THIRD COMMITTEE IN NEW YORK ADOPTS THE CONVENTION ON THE
PROTECTION OF ALL PERSONS FROM ENFORCED OR INVOLUNTARY DISAPPEARANCES
Winter
2006, Srinagar, Kashmir –
On the
occasion of the rehabilitation session of the Asian Federation Against
Involuntary Disappearances and the Association of Parents of Disappeared
Persons, amidst the tears of the family members and the rain that all the
more dampened the already sagging spirits of the participants, the Third
Committee (Social, Humanitarian and Cultural) unanimously adopted the
International Convention on the Protection of All Persons from Enforced or
Involuntary Disappearances.
 In the
cold and gloom, the great news from New York announcing the adoption of
the United Nations Convention on the Protection of All Persons from
Enforced or Involuntary Disappearances, warmed the hearts of the families
of the disappeared in Srinagar. It came at a time when the families of
the disappeared were airing to their hearts’ content their griefs and
anxieties brought about by the disappearance of their loved ones.
Whether in Kashmir or in any part of the world, the adoption of the
Convention brings light to this dark night of the disappeared. For
certain, every family member of the disappeared who is informed of the
value of the Convention, would certainly be empowered. The future
instrument may not bring the desaparecidos back to their loved
ones, but it brings a radiance of hope for a better world – where this
crime against humanity will never ever be repeated.
Families’ Associations at the United Nations General Assembly
September-November 2006, New York – All member-states of the United
Nations met on the occasion of the 61st
session of the United Nations General Assembly. In October 2006, during
the on-going session of the United Nations General Assembly, the Asian
Federation Against Involuntary Disappearances (AFAD) cooperated with the
Latin American Federation of Associations of Relatives of
Disappeared-Detainees (FEDEFAM), We Remember-Belarus, Khulumani
Support Group (South Africa), and Linking Solidarity in their last ditch
efforts to continue lobbying at a very late stage for the final adoption
of the said international convention.
Carrying the voice of the families of the disappeared, the international
network against enforced disappearances visited the Permanent Missions to
the United Nations in New York of the following countries: Sri Lanka,
Poland, Uruguay, Sweden, The Netherlands, The Philippines. All the
Permanent Missions visited had one common response: YES to the
Convention. Optimistic of the future instrument’s unanimous adoption by
the United Nations General Assembly, these Missions revealed that there
was not much to worry about. It was however, a wish that the Convention
be tabled directly by the Plenary of the General Assembly, rather than be
part of the agenda of the United Nations Third Committee, which was feared
to give room for states to re-open the debate on the text.
 The
Convention was indeed, treated as an agenda of the Third Committee of the
United Nations. The worry of receiving unpleasant surprises from some
countries, however, became moot and academic since 103 member-states had
already agreed to co-sponsor the resolution initiated by the French
government. More so, the Convention was adopted without a vote by the
Third Committee -- a great victory in the struggle for truth, justice,
redress and the recuperation of the historical memory of the disappeared.
AFAD’s Modest Share…
The
Asian Federation Against Involuntary Disappearances has contributed its
modest share in the work to eventually achieve the entry into force of
this important instrument.
Ever
since its birth, AFAD has joined FEDEFAM in lobbying at the
former United Nations Commission on Human Rights. The 57th United Nations
Commission on Human Rights, in a majority vote, resolved to form the
United Nations Inter-Sessional Open-ended Working Group to Elaborate a
Draft Legally-Binding Normative Instrument for the Protection of All
Persons from Enforced or Involuntary Disappearances. The said body,
headed by the French Government, through the able leadership of now French
Ambassador to the Holy See, His Excellency Bernard Kessedjian, convened
twice every year in Geneva, Switzerland from 2003-2005. Those series of
difficult negotiations in Geneva culminated in the victorious adoption of
the text of the Draft Convention in Room XII of Palais des Nations
on September 22, 2005.
As its modest share, AFAD actively participated in all these sessions and
echoed the voice of the voiceless families of the disappeared in the Asian
continent.
 In a
lobbying tour to eight European countries coordinated by Linking
Solidarity, AFAD joined FEDEFAM and the Association of Families of
Disappeared-Detainees in knocking at the doors of foreign offices in many
European countries. It resulted in the shift of positions of a good
number of European governments. After listening to the point of view of
the families of the disappeared, they changed their positions from an
optional protocol to the International Covenant on Civil and Political
Rights to a separate international treaty with a strong independent
monitoring body.
Knowing that the struggle to get support from Asian governments is rather
uphill, AFAD also conducted its own lobbying tour to selected Asian
countries. It is important to note that some of the countries visited,
which are members of the newly established United Nations Human Rights
Council, recently made positive positions in favor of the Convention and
joined the consensus in adopting the text.
On the
national level, AFAD member-organizations actively had their share in
lobbying their own governments through different forms of activities,
which they self-initiated, also in coordination with local
organizations.
What
made these lobbying efforts most effective was the fact that these were
done in a coordinated manner, not only on the Asian level, but on the
international level as well.
Philippine Government’s Support - A Breakthrough
On
August 30, 2006, International Day of the Disappeared, AFAD, whose
office is based in Manila, in coordination with the Embassy of France in
the Philippines and the Ateneo Human Rights Center held a Forum with the
theme — “United Nations’ Adoption of the Convention Against
Disappearances: An Imperative.” It was a manifestation of the
Federation’s determination to get the support of the Philippine Government
to the Convention and an effort to inform the local diplomatic community
of the developments in the United Nations vis-à-vis the future
instrument.
A
breakthrough in the history of the Federation, the Forum was attended by
16 Manila-based foreign embassies, including the Philippine Department of
Foreign Affairs.
French
Embassy Charge de Affairs, Mr. Bernard Regnauld Fabre gave a brief
background of the Convention and presented the strong position of the
French Government in favor of the Convention with a strong monitoring
body to ensure implementation. He appealed to all states to fight against
oblivion and impunity to criminals.
A
member of the Italian delegation to the then United Nations Working Group
drafting the treaty, Atty. Gabriella Citroni shared the provisions of
the Convention beneficial to the families of the disappeared. She
emphasized the new rights provided for in the treaty, e.g. the right to
truth and the right not to be subjected to enforced disappearances. She
also stressed the value of the Convention for the Asian region, where,
amidst the huge number of cases of enforced disappearances occurring
unabated in a number of countries, national and regional human rights
mechanisms for protection are non-existent.
The
Executive Director of the Ateneo Human Rights Center, Atty. Carlos P.
Medina Jr. emphasized the importance of the Convention to the Filipino
people. “ In criminal law, you are taught that the court will have
jurisdiction if the actor/offender is a citizen or the act is committed in
the Philippines. But this instrument tells us that you can be charged
anywhere, whoever you are. There is nowhere to hide because this is a
crime against humanity.”
Philippine Commission on Human Rights Director for Government Linkages,
Ms. Karen Dumpit stated that in the case of a disappearance, the victim
has no legal corpus or physical body; there is no evidence to prosecute.
The adoption and eventual ratification of the Convention on the Protection
of All Persons from Enforced or Involuntary Disappearances will help
ensure that this denial cannot be made.”
The
activity, attended by some three hundred participants from the law school,
government offices and representatives of civil society, was all the more
enriched by the open forum. Questions dealt more on the current human
rights situation in the Philippines, characterized by numerous cases of
extra-judicial execution and enforced disappearances.
Echoing in the four walls of the auditorium of the Ateneo Professional
Schools was the call of the French Government to the Philippine
Government: Support the Convention on the Protection of All Persons from
Enforced or Involuntary Disappearances. The call served as the climax
of past efforts. After which, the Philippine Commission on Human Rights,
in cooperation with AFAD and the Families of Victims of Involuntary
Disappearance (FIND), convened a forum on the Convention on October 5,
2006. It was attended by representatives from different NGOs and
government agencies, including the Department of Foreign Affairs, the
Philippine National Police, the Philippine Navy and the Armed Forces of
the Philippines.
Finally, the Philippine Government, through its Permanent Mission in New
York, announced its support to the Convention and its wish that adoption
be done unanimously by the United Nations General Assembly. It was such
an important breakthrough, especially because the Philippines is the base
of the AFAD Secretariat.
Most Precious Gift
During
the session of the United Nations General Assembly, particularly the Third
Committee (Social, Humanitarian and Cultural), the President of the Human
Rights Council, Luis Alfonso de Alba from Mexico, said that this
instrument was the outcome of decades of work and lengthy negotiations.
It should be adopted without delay.
On the
same occasion, the representative of France, the main sponsor of the
draft, very aptly said that the eyes of thousands of families who
experienced the loss and forced disappearance of their loved ones, were
focused upon the United Nations and the Third Committee. He announced
that with the final adoption of the text, the future instrument would be
open for signatures at a ceremony in Paris on February 7, 2007.
After
twenty-five years of struggle to achieve an international treaty, the
families of the disappeared, especially in Latin America deserve no less
than this legally-binding instrument that would guarantee non-repetition
of this crime against humanity.
A precious gift to the desaparecidos
and their loved ones, this future treaty, once entered into force, will
provide two new rights, e.g. the right to the truth and the right not to
be subjected to enforced disappearances.
Such a
binding instrument which will be protected by an independent body is
especially important in the Asian region which is bereft of national and
international mechanisms for the protection of victims of enforced
disappearances, which practice continue unabated. Thus, it is an
invaluable gift not only to the desaparecidos and their loved ones,
but also for all of humanity – for all generations, today and
tomorrow.
More Challenges
 With
the Convention’s adoption, AFAD and the rest of the international movement
against disappearances are confronted with new challenges. For the treaty
to enter into force, it needs twenty ratifications. For AFAD,
particularly, whose principal interest is the Convention’s implementation
in the Asian countries, lobbying for the signing and ratification by Asian
states should be its next priority. Corollary to this is the need to
lobby for the enactment of national laws criminalizing enforced
disappearances.
Out of
the 103 member-states who co-sponsored the resolution, there were only a
few Asian countries. A number of them, however, joined the consensus when
the United Nations Human Rights Council adopted the Convention during its
historic first session in June 2006 in Geneva, Switzerland, and during the
most recent adoption by the Third Committee in New York this November.
Yet, their unflinching support, which still has to be manifested with
their signature and ratification, followed by the enactment of laws
criminalizing enforced disappearances, is imperative to ensure the future
treaty’s implementation in these countries where such acts are the order
of the day.
The
work is far from over…
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