The Committee on Enforced Disappearances: Challenges Ahead

Abstract

The International Convention for the Protection of All Persons from Enforced Disappearance was adopted on 20 December 2006 by the United Nations and opened for signature in Paris on 6 February 2007. The Convention entered into force on 23 December 2010. A new treaty-monitoring body within the United Nations system, named Committee on Enforced Disappearances , is entrusted with the implementation of the Convention. The establishment of this new human rights mechanism at a time when the whole system of human rights treaty bodies is being reviewed was extensively debated during the negotiations for the Convention. Nevertheless, the position of those that favoured the creation of a new committee eventually prevailed. The article aims at examining the various functions entrusted to the Committee, some of which are of an especially original nature compared to other United Nations treaty-monitoring bodies. Reference is made to good practices developed by other human rights mechanisms (both treaty bodies and special procedures within the United Nations, as well as regional human rights courts) that the Committee on Enforced Disappearance could consider, as well as potential mistakes to be avoided. The article will analyze both substantive matters relating to the interpretation of the provisions of the Convention, and more practical details concerning the functioning of the Committee, its methods of work and rules of procedure.