You are here: The Convention / History and background of the Convention

RELATED DOCUMENTS AND LINKS

Resolution 33/173 of General Assembly in 1978 mentioning enforced disappearance for the first time in a resolution

UN Declaration on the Protection of all Persons from Enforced Disappearances, 1992
English text

1998 Draft Convention

Report of Manfred Novak submitted to the Commission on Human Rights pursuant to paragraph 11 of Commission resolution 2001/46 (English)

Article on the convention by Federico Andreu from The Review of the ICJ - Impunity, crimes against humanity and forced disappearance, Nº 62 – 63,  September 2001

Resolution 2003/38 of the Commission on Human Rights encouraging states to cooperate with the open ended working group to elaborate a text for the convention

Report of the first session of the intersessional open ended working group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance

Report of the second session (January 12- 23,2004) of the intersessional open-ended working group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance

Report of the third session of the intersessional open ended working group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance

Report of the fourth session of the intersessional open ended working group to elaborate a draft legally binding normative instrument for the protection of all persons from enforced disappearance

Report of Discussions in the open ended working group on the functioning of the monitoring body

Click hear for many more documents and links on history and background of the convention

HISTORY AND BACKGROUND OF THE CONVENTION

Lobby for the convention in New York before adoption by the General Assembly

The different steps that lead to the adoption of the Convention in 2006 with the relevant documents that have been produced and published from 1981 onwards. Including the 1992 Declaration and the Manfred Novak report of 2001.

1978 General Assembly resolution 33/173

In December 1978 the General Assembly first refers to the issue of 'Disappeared Persons. In resolution 33/173 it is 'deeply concerned by reports from various parts of the world relating to enforced or involuntary disappearances and asks the  Commission on Human Rights to consider the issue of enforced disappearances with a view to making appropriate recommendations.

1979-1980 Commission on Human Rights and UNWGEID

In 1979 the Commission on Human Rights gave the mandate of formulating recommendations to the Subcommission on Prevention of Discrimination and Protection of Minorities. This Subcommission proposed the creation of a Working Group consistent of experts to examine questions related to enforced or involuntary disappearances. The Working Group on Enforced or Involuntary Disappearances (UNWGEID) was established in February 1980 exists till this day.

1981-1984 Drafts of legal instrument

In 1981 the Human Rights Institute of the Paris Bar Association convened a high level colloquium for the promotion of an international convention on disappearances. The historical phrases of Julio Cortazars 'Refus de l'Oubli' were expressed here. The Latin American federation of family member organisations FEDEFAM debated the possible project of a convention in their 1982 Congres in Lima. In that same year several eminent lawyers, such ad Eduardo Novoa Monreal of Chile and Alfredo Galletti of Argentina, drafted the first text for a Convention against enforced disappearances. In 1983 FEDEFAM submitted text of the convention to the United Nations for adoption. States responded saying that it would be better to update the existing mechanisms rather than having a new convention. In 1984 the Subcommission prepared a preliminary draft of an International declaration against the Unrecognized Detention of Persons. This text was not taken further.

1984-1994 Interamerican Convention and Preparation of UN Declaration

In 1987 the General Assembly of the Organisation of American States (OAS) asked the Inter American Commission to prepare a first draft of an inter american convention and in 1988 the Commission presented a draft text. Also in 1988 a first draft of the UN Declaration was prepared by the French expert Louis Joinet in the Subcommission on the Prevention of Discrimination and the Protection of Minorities. The Commission on Human Rights discussed the text and December 1992 in Resolution 47/133 the Declaration on the Protection of all persons from Enforced Disappearance was adopted by the General Assembly. Two years later, in 1994, the OAS General Assembly adopted the Inter-American Convention on Enforced Disappearance of Persons

1998 - September 25, 2005

In 1998 the Subcommission for the Promotion and Protection of Human Rights adopted a 'Draft International Convention for the Protection of all persons from Enforced Disappearances. it was drafted in the Working Group of administrative justice which was chaired by Louis Joinet. In 2001 the Commission on Human Rights appointed Manfred Novak to examine the existing framework for the protection of persons from enforced disappearance. At the same time an Intersessional Open-ended Working Group to prepared a draft legally binding instrument was created. This Working Group, chaired by French Ambassador Bernard Kessedjian, met for the first time in 2003 and continued to hold two sessions a year until September 2005. After three years of debate the representatives of States in the working group agreed upon a proposal for a text on September 25, 2005. 

September 22, 2005

Joint Statement of the Associations of families of the disappeared and other supportive NGOS on the occasion of the adoption of the Draft International Convention for the Protection of All Persons from Enforced Disappearances.

September 25, 2005 - December 20 2006

The Convention was adopted on June 29 2006 as the first resolution of the new  Human Rights Council. On November 13 2006 the Third Committee of the General Assembly adopted the text with 103 co-sponsors (Excel file). Finally on December 20 2006 the text was adopted by the plenary of the General Assembly.

2007

On February 6 2007 the Convention was opened for signatures and signed by 57 States. It will enter into force on the 30th day after the deposit with the United Nations of the 20th ratification of accession.

December19, 2007 Bernard Kessedjian passed away

On December 19, 2007 Ambassador Kessedjian passed away at the age of 64 due to illness.

June 18 2008 Louis Joinet, one of the architects of the convention retires

One of the masterminds behind the Convention against Enforced Disappearances, the UN Special Rapporteur for Haiti Louis Joinet bade farewell to the Human Rights Council on June 18th 2008, after presenting his final report. Read more on Louis Joinet's work.