17 Treaty Based Procedures – Part B: Treaty Based Bodies

Prof. Gudmundur Eiriksson

Introduction

This is a continuation of human right treaties and their supervisory bodies which are:

• The CAT and the Committee against Torture.
• The CRC and the Committee on the Rights of the Child.
• The CMW and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families.
• The CRPD and the Committee on the Rights of Persons with Disabilities.
• The CED and the Committee on Enforced Disappearance.

Learning Outcomes:

• To understand the working of the UN system of the CAT and the committee against torture. To understand the working of the CRC or the committee on the rights of the child.
• The CRPD or the rights of the child of person suffering from disabilities.
• To look into the mechanism of the CED (Committee on enforced disappearances).
• The UN Human Rights Treaties and their Supervisory Bodies (continued)

The CAT and the Committee Against Torture

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was adopted by the UNGA in Resolution 39/46 of 10 December 1984. It entered into force on 26 June 1987. As of June 2015, 158 states were parties to the Convention.

In the Preamble to the Convention, states express their desire ‘to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world’. To this end, states parties undertake to establish effective legislative or other measures to prevent acts of torture and establish that neither a state of emergency nor superior orders can be invoked as justification for torture (Article 2). States undertake to ensure that acts of torture are punishable under criminal law (Article 4) and expulsion or refoulement is prohibited when there is danger that torture will be inflicted (Article 3). States parties must establish jurisdiction over offences of torture committed by their nationals, on their territory or against their nationals and universal jurisdiction is set out requiring states to establish jurisdiction in cases where the offender is on their territory or under their jurisdiction and they do not extradite (Article 5). States parties undertake to take alleged offenders into custody, carry out inquiries, prosecute and extradite (Articles 6, 7 and 8) and they pledge cooperation (Article 9). Article 10 sets out that states must ensure that education on the prohibition of torture is provided to law enforcement personnel and others involved with the treatment of individuals deprived of their liberty. States must take preventive measures, such as reviewing rules of interrogation (Article 11), prompt and impartial investigation must be carried out (Article 12) and states must ensure remedy, redress, and reparation to victims of torture (Articles 13 and 14). Finally, Article 15 sets out that statements made as a result of torture may not be invoked as evidence in any proceedings.

Under Article 17, a Committee of ten independent experts is made responsible for supervising compliance with the Convention. The experts are elected for a period of four years by the states parties to the Convention and are eligible for re-election.

The CAT supervisory mechanisms are the following:

a) Reporting Mechanism (Article 19). Within one year after the Convention has come into effect for the state concerned, it must submit a report to the Committee describing the measures it has taken to implement its obligations under the Convention. It must submit supplementary reports every four years concerning new measures that have been taken and any other reports requested by the Committee. The Committee may include General Comments on the country reports in its annual report to the UNGA and to the states parties to the Convention. The governments concerned may respond to the comments with their own observations.

b) Inter-State Complaint Mechanism (Article 21). A state party may declare that it recognizes the competence of the Committee to receive and consider communications from states parties, which have made such declarations to the effect that another state party, which has made such a declaration is not fulfilling its obligations under the Convention. The state party shall first bring the matter to the attention of the other state party concerned. The receiving state shall within three months provide the sending state with an explanation or statement clarifying the matter. If the matter is not settled within six months, either state may refer the matter to the Committee. If satisfied that all available domestic remedies have been invoked and exhausted, the Committee shall examine the matter and may call on the states concerned to supply any relevant information. The Committee shall within 12 months submit a report confined to a brief statement of the facts. The report shall be communicated to the states concerned. The Committee shall make available its good offices with a view to the friendly solution of the matter.

c) Individual Complaints Procedure (Article 22). A state party may declare that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation by the state of the Convention. If the Committee is satisfied that the matter has not been, and is not being, examined in another international context, and that all available domestic remedies have been exhausted, it shall bring the communication to the attention of the state concerned. The state shall submit its explanations or statements clarifying the matter and the remedy, if any. After examination, the Committee shall forward its views to the state and the individual.

d) Inquiry Procedure (Article 20). If the Committee receives reliable information, which appears to it to contain well-founded indications that torture is being systematically practised in a state party, it shall invite the state to submit its observations. The Committee may designate one or more of its members to make a confidential inquiry and to report urgently to it. The Committee shall seek the cooperation of the state concerned. In agreement with the state, the inquiry may include a visit to its territory. After examining the findings of the inquiry, the Committee shall transmit them to the state concerned together with any comments and suggestions. The Committee may, after consultations with the state, include a summary account of the results of the proceedings in its annual report of its activities. All the proceedings shall be confidential and the cooperation of the state concerned shall be sought at all stages of the proceedings.

An Optional Protocol to the Convention was adopted by the UNGA in Resolution A/RES/57/199 of 18 December 2002. It entered into force on 22 June 2006. As of June 2015, there were 78 states parties to the Protocol. The Protocol provides for a unique ‘two pillar’ visiting mechanism both international and national to prevent torture in all places where persons are deprived of liberty. Under the Optional Protocol, a Subcommittee on Prevention, composed of international experts, conducts periodic visits to all places where persons are deprived of liberty (such as prisons, police stations, psychiatric institutions and juvenile or migrant centres) in the states parties to the Protocol. The Subcommittee is complemented by National Preventive Mechanisms (NPMs) that also undertake regular visits to places of detention and should be able to carry out more thorough visits than the Subcommittee in light of local knowledge and the potential for more effective follow-up. The Subcommittee and the NPMs will engage in a constructive dialogue with the authorities and provide recommendations on effective measures to be taken in order to prevent torture and ill treatment.

The CRC and the Committee on the Rights of the Child

The Convention on the Rights of the Child (CRC) was adopted by the UNGA in Resolution 44/25 of 20 November 1989. It entered into force on 20 September 1990. This treaty is the human rights treaty with the most parties; as of June 2015, 195 states were parties to the Convention.

Under the CRC, a child is any person below the age of 18, unless, under applicable laws, majority is attained earlier (Article 1). The Convention sets out the principle of non-discrimination (Article 2) and that the best interest of the child should be a primary consideration in all actions concerning children (Article 3). States must undertake measures to implement the rights in the Convention (Article 4) and respect the rights and duties of parents or extended family to give appropriate guidance and direction in the exercise by the child of the rights in the Convention (Article 5). The Convention sets out civil and political rights as well as economic, social and cultural rights: the right to life (Article 6); the right to a name and nationality (Article 7); the right to preserve one’s identity (Article 8); the freedom of expression, opinion, thought, conscience and religion (Articles 12, 13 and 14); freedom of association and assembly (Article 15); the right to privacy (Article 16); the right to receive information (Article 17); the right to health (Article 24); the right to benefit from social security (Article 26); the right to an adequate standard of living (Article 27); the right to education (Article 28); the right of rest and leisure and to participate in cultural life (Article 31); freedom from torture (Article 37); and the right to due process (Article 40). The Convention also contains provisions prohibiting separation from parents except in exceptional circumstances (Article 9) and the obligation of states parties to aid family reunification (Article 10). States parties undertake to take special measures: to combat illicit transfer and non-return of children abroad (Article 11); to protect children from abuse or neglect, and afford special protection if they are deprived of their families (Articles 19 and 20); to ensure that, in systems of adoption, the best interest of the child is paramount (Article 21); to protect children from economic exploitation and hazardous work (Article 32); to protect children from sexual exploitation and abuse (Article 34); to protect children from drug abuse (Article 33); to prevent trafficking in children and all exploitation (Articles 35 and 36); to ensure that children under 15 do not take part in armed conflict (Article 38); and to provide rehabilitative care to children that need it (Article 39). In addition, special protection is set out for particular groups, such as refugee children, handicapped and disabled children and minority and indigenous children (Articles 22, 23 and 30).

Article 43 establishes the Committee on the Rights of the Child to supervise the implementation of the Convention. The Committee is composed of 18 experts, elected for a four-year term. They are eligible for re-election.

The only supervisory mechanism established in the Convention itself is the reporting system under Article 44. An initial report is to be submitted within two years of the entry into force of the Convention for the state party concerned, and thereafter every five years. The Committee reports every two years to the UNGA and may submit suggestions and general recommendations to it. This report must include, inter alia, the definition of a child under national law, application of general principles, and paragraphs on family environment and alternative care, basic health, education and special protection measures.

In its Resolution A/RES/54/263 of 25 May 2000 the UNGA adopted two additional Optional Protocols to the Convention: on the Involvement of Children in Armed Conflict and on the Sale of Children, Child Prostitution and Child Pornography.

The Optional Protocol on the Involvement of Children in Armed Conflict entered into force on 12 February 2002. As of June 2015, 159 states were party to the Protocol. The Protocol prohibits governments and other groups from recruiting people under the age of 18 to the armed forces. It requires that countries raise the minimum recruiting age above the age set by the Convention; do everything possible to keep people under the age of 18 from direct participation in hostilities; take precautions against the voluntary recruitment of people under the age of 18; and report to the CRC Committee on their compliance with the provisions of the Convention and the Protocol.

The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography entered into force on 18 January 2002. As of June 2015, 169 states were party to the Protocol. It supplements the Convention with detailed requirements for criminalizing violations of children’s rights in relation to the sale of children, child prostitution and child pornography. The Protocol defines the offences ‘sale of children’, ‘child prostitution’ and ‘child pornography’. It sets standards for treating violations under domestic law, not only as they relate to offenders, but also as regards preventive efforts and the protection of victims. It also gives a framework for increased international co-operation in these areas, in particular for prosecuting offenders.

An Optional Protocol on a Communications Procedure was adopted by the UNGA in Resolution 66/138 of 19 December 2011. It entered into force on 14 April 2014. As of June 2015 17 states were party to the Protocol.

The additional supervisory mechanisms under the Optional Protocol are:

a) Individual and Collective Complaints Mechanism (Articles 1 and 5). A state party by becoming party to the Optional Protocol recognizes the competence of the Committee to receive and consider communications from or on behalf of an individual or group of individuals within its jurisdiction claiming to be victims of a violation by the state of the rights set forth in the Convention or its Optional Protocols. If the Committee is satisfied that the matter has not been examined in another international context, and that all available domestic remedies have been exhausted, it shall bring the communication confidentially to the attention of the state concerned. The state shall submit its explanations or statements clarifying the matter and the remedy, if any. After examination, the Committee shall transmit its views to the parties, together with its recommendations, if any. The state shall give due consideration to the views of the Committee, together with its recommendations, if any, and shall submit to the Committee, within six months, a response, including information on any action taken in the light of the views and recommendations. The Committee may invite the state to submit further information about any measures it has taken in response to its views or recommendations. At any time after the receipt of a communication the Committee may request that a state take such interim measures as may be necessary in exceptional circumstances to avoid possible irreparable damage to the victims of the alleged violation. The Committee shall also make available its good offices with a view to reaching a friendly settlement.

b) Inter-State Complaints Procedure (Article 12). A state party may declare that it recognizes the competence of the Committee to receive and consider communications from states parties which have made such declarations to the effect that another state party which has made such a declaration is not fulfilling its obligations under the Convention or the Optional Protocols. The Committee shall make its good offices available to the states concerned with a view to the friendly settlement of the matter.

c) Inquiry Procedure (Article 13). If the Committee receives reliable information indicating grave or systematic violations by a state party of rights set forth in the Convention or the Optional Protocols, it shall invite the state to submit its observations without delay. The Committee may designate one or more of its members to conduct an inquiry and to report urgently to it. Where warranted and with the consent of the state concerned, the inquiry may include a visit to its territory. After examining the findings of the inquiry, the Committee shall transmit them to the state concerned without delay, together with any comments and recommendations. The state shall submit its observations to the Committee as soon as possible and within six months of receiving the findings, comments and recommendations. After the proceedings have been completed, the Committee may, after consultation with the state, include a summary account of the proceedings in its annual report of its activities. Inquiries shall be conducted confidentially and the cooperation of the state in question shall be sought at all stages of the proceedings. The Optional Protocol includes an ‘opt-out clause’, allowing states upon ratification or accession to declare that they do not accept the inquiry procedure.

The CMW and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) was adopted by the UNGA in Resolution 45/158 of 18 December 1990. It entered into force on 1 July 2003. As of June 2015, 48 states were parties to the Convention.

Part I of the Convention sets out definitions and Part II sets out the principle of non-discrimination. Part III contains the following substantive rights: the freedom of movement (Article 8); the right to life (Article 9); prohibition of torture (Article 10); prohibition of slavery or forced labour (Article 11); freedom of thought, conscience and religion (Article 12); freedom of opinion and information (Article 13); privacy (Article 14); property (Article 15); liberty and security (Article 16); humane treatment under detention and fair trial (Article 17); equality before the courts (Article 18); nullum crimen, nulla poena sine previa lege (Article 19); the right not to be imprisoned for debt (Article 20); the right to consular assistance (Article 23); the right to be recognized before the law (Article 24); freedom of association (Article 26); social security and medical care (Articles 27 and 28); cultural identity (Article 31); and the right to transfer earnings and savings (Article 32). In addition, the Convention stipulates that it is prohibited to destroy identity documents of migrant workers (Article 21) and sets out rules governing the expulsion of migrant workers and their families (Article 22). Furthermore, it contains special provisions on children of migrant workers, establishing that they must have the right to a name, to registration of birth and to a nationality (Article 29), as well as the right to education (Article 30). Finally, the Convention establishes that migrant workers must not receive treatment less favourable than nationals in respect of remuneration (Article 25), and that they have the right to be informed about their rights under the Convention (Article 33).

The Convention is monitored by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (Article 72). The Committee consists of 14 experts elected by the states parties to the Convention. They are elected for four-year terms and are eligible for re-election.

The Convention seeks to prevent and eliminate the exploitation of migrant workers throughout the entire migration process by providing a set of binding international standards to address the treatment, welfare and human rights of both documented and undocumented migrants, as well as the obligations and responsibilities on the part of sending and receiving states. In particular, it seeks to put an end to the illegal or clandestine recruitment and trafficking of migrant workers and discourage the employment of migrant workers in an irregular or undocumented situation.

The CMW supervisory mechanisms are the following:

a) Reporting Mechanism (Article 73). States parties accept the obligation to report on the steps they have taken to implement the Convention within one year of its entry into force for the state concerned, and thereafter every five years. The reports are expected to indicate problems encountered in implementing the Convention, and to provide information on migration flows. After examining the reports, the Committee will transmit such comments as it may consider appropriate to the state party concerned.

b) Inter-State Communications (Article 76), not yet in force. A state party may declare that it recognizes the competence of the Committee to receive and consider communications from states parties, which have made such declarations to the effect that another state party, which has made such a declaration is not fulfilling its obligations under the Convention. The state party shall first bring the matter to the attention of the other state party concerned. The receiving state shall within three months provide the sending state with an explanation or statement clarifying the matter. If the matter is not adjusted to the satisfaction of the parties within six months either state may refer the matter to the Committee. If satisfied that all available domestic remedies have been invoked and exhausted, the Committee shall examine the matter and may call on the states concerned to supply any relevant information. The Committee shall within 12 months submit a report setting forth the relevant facts. The Committee may also communicate only to the states concerned any view that it might consider relevant to the issue between them. The report shall be communicated to the states concerned. The Committee shall make available its good offices with a view to the friendly solution of the matter. This procedure requires ten declarations by states parties to enter into force. As of June 2015, one state had made such declarations.

c) Individual Communications (Article 77), not yet in force. A state party may recognize the competence of the Committee to receive and consider communications from or on behalf of individuals subject to that state’s jurisdiction who claim that their individual rights under the

Convention have been violated by the state. If the Committee is satisfied that the matter has not been, and is not being, examined in another international context, and that all available domestic remedies have been exhausted, it shall bring the communication to the attention of the state. The state shall submit its explanations or statements clarifying the matter and the remedy, if any. After examination, the Committee shall forward its views to the state and the individual. This procedure requires ten declarations by states parties to enter into force. As of June 2015, four states had made such declarations.

The CRPD and the Committee on the Rights of Persons with Disabilities

The Convention on Rights of Persons with Disabilities (CRPD) with an Optional Protocol was adopted by the UNGA in Resolution 61/106 of 13 December 2006. They entered into force on 3 May 2008. As of June 2015, 154 states were parties to the Convention and 86 states were parties to the Optional Protocol.

The purpose of the Convention is to ‘ensure the full, effective and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities and to promote respect for their inherent dignity.’ Article 2 enshrines the principles upon which the Convention is based: dignity, freedom of choice, independence, non-discrimination, full inclusion, participation, respect for difference, acceptance of disability as part of human diversity, and equality of opportunity, accessibility, equality between men and women and respect for the evolving capacities of children with disabilities and their right to preserve their identities.

States parties undertake to ensure the full realization of all human rights, to all individuals, without discrimination on the basis of disability. Steps to this end include the adoption of appropriate legal protection, the mainstreaming of disability issues into economic and social development policies and programmes, and the promotion of universally designed goods, services, equipment and facilities. States shall also consult with and actively engage persons with disabilities and their organizations in the development and implementation of policies and legislation aimed at implementing the Convention (Article 4). The Convention prohibits discrimination (Article 5) and stipulates special protection for disabled women and children (Articles 6 and 7). States parties have a duty to adopt immediate and effective measures to raise awareness of disability throughout society, to combat stereotypes and promote an image of persons with disabilities as capable and contributing members of society (Article 8). The Convention sets out civil and political rights as well as economic, social and cultural rights: the right to life (Article 10), equal recognition before the law (Article 12), access to justice (Article 13), liberty and security of the person (Article 14), freedom from torture (Article 15), freedom from exploitation, violence and abuse (Article 16), integrity of the person (Article 17), liberty of movement and nationality (Article 18), freedom of expression and opinion, and access to information (Article 21), respect for privacy (Article 22), respect for the home and the family (Article 26), education (Article 24), health (Article 25), work and employment (Article 27), adequate standard of living and social protection (Article 28) and participation in political and public life (Article 29). Rights specific to this Convention include the rights to live independently and be included in the community (Article 19), right to protection and safety of persons with disabilities in situations of risk (Article 11), the right to personal mobility (Article 20), the right to habilitation and rehabilitation (Article 26) and the right to participation in cultural life, recreation, leisure and sport (Article 30). In addition, parties to the Convention shall raise awareness of the human rights of persons with disabilities (Article 8), and ensure access to the physical environment, to transportation, to information and communications and to other public facilities and services (Article 9). Article 31 commits states parties to data collection and statistical analysis, an essential measure in formulating and implementing appropriate policies with respect to the rights of persons with disabilities. The Convention recognizes the importance of international cooperation for the realization of rights of disabled persons, stipulating that state parties will undertake appropriate and effective measures in this regard, between and among themselves and, as appropriate, in partnership with relevant international and regional organizations and civil society, in particular organizations of persons with disabilities (Article 32).

The Convention is monitored by the Committee on the Protection of the Rights of Persons with Disabilities. The Committee consists of 18 independent experts elected for four-year terms, renewable once, and should include experts with disabilities. States parties are invited to actively involve persons with disabilities and their representative organizations when nominating candidates for election to the Committee.

The Convention contains a unique provision regarding national monitoring and implementation (Article 33). States parties shall designate one or more focal points within government for matters relating to the implementation of the Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels. States parties are also to maintain, strengthen, designate or establish a framework, including one or more independent mechanisms, to promote, protect and monitor implementation of the Convention. When designating or establishing such a mechanism, states parties shall take into account the principles relating to the status and functioning of national institutions for the protection and promotion of human rights. Finally, civil society is given a central role in promoting the implementation of the Convention as Article 33 sets out that civil society shall be involved and participate fully in the monitoring process established by states parties.

The CRPD supervisory mechanisms are the following:

a) Reporting Mechanism (Article 35). States parties shall report on the steps they have taken to implement the Convention within two years of its entry into force for the state concerned, and thereafter at least every four years or whenever the Committee so requests. After examining the reports, the Committee will transmit such comments as it may consider appropriate to the state party concerned.

b) Individual and Collective Complaints Mechanism (Article 1 Optional Protocol). A state party by becoming party to the Optional Protocol recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals or groups of individuals subject to its jurisdiction claiming to be victims of violations by that state of the Convention. If the Committee is satisfied that the matter has not been, or is not being, examined in another international context, and that all available domestic remedies have been exhausted, it shall bring the communication confidentially to the attention of the state concerned. The state shall submit its explanations or statements clarifying the matter and the remedy, if any. After examination, the Committee shall transmit its views to the parties, together with its recommendations, if any. The state shall submit its explanations or statements and the remedy, if any. After examination, the Committee shall transmit its suggestion and recommendations, if any, to the state and the petitioner. At any time after the receipt of a communication the Committee may request that a state take such interim measures as may be necessary to avoid possible irreparable damage to the victims of the alleged violation.

c) Inquiry Procedure (Article 6 Optional Protocol). If the Committee receives reliable information indicating grave or systematic violations by a state party of rights set forth in the Convention, it shall invite the state to submit its observations. The Committee may designate one or more of its members to conduct an inquiry and to report urgently to it. Where warranted and with the consent of the state concerned, the inquiry may include a visit to its territory. After examining the findings of the inquiry, the Committee shall transmit them to the state concerned together with any comments and recommendations. The state shall submit its observations to the Committee within six months of receiving the findings, comments and recommendations. Thereafter, the Committee may invite the state to inform it of the measures taken in response to the inquiry. Inquiries shall be conducted confidentially and the cooperation of the state in question shall be sought at all stages of the proceedings. The

Optional Protocol includes an ‘opt-out clause’, allowing states upon ratification or accession to declare that they do not accept the inquiry procedure (Article 8).

The CED and the Committee on Enforced Disappearance

The Convention for the Protection of All Persons from Enforced Disappearance (CED) was adopted by the UNGA in Resolution 61/177 of 20 December 2006. It entered into force on 23 December 2010. As of June 2015, 46 states are party to the Convention. The Convention elaborates several new human rights, a clear definition of enforced disappearance as well as innovative provisions that provide for strengthened prevention, protection, reparation and prosecution of enforced disappearances.

The Convention establishes the right not to be subjected to enforced disappearance as a non-derogable right. It defines ‘enforced disappearance’ as any form of deprivation of liberty by agents of the state, followed by refusal to acknowledge this deprivation of liberty, or by concealment of the fate or whereabouts of the disappeared person placing her/him outside the protection of the law. The Convention obliges states parties to investigate disappearances and to ensure that enforced disappearance constitutes an offence under its criminal law and establishes that widespread practice of enforced disappearance constitutes a crime against humanity entailing possibly the involvement of the International Criminal Court. Direct perpetrators, superiors and others responsible for the act can be held criminally responsible for an enforced disappearance. Jurisdiction, prosecution and the positive duty to investigate is established as well as non-refoulement. The Convention requires states parties to implement comprehensive safeguards to prevent enforced disappearances. These include maintenance of official registers of persons deprived of liberty, training for law enforcement personnel and that persons are released from prison in a manner permitting reliable verification that they have actually been released. Secret detention is prohibited and states parties shall implement specific rules and regulations with regard to deprivation of liberty, and sanctions are laid down should those provisions be violated. The Convention contains several provisions on protective measures after a disappearance occurs. The state should, for instance, enable individuals to report an enforced disappearance, protect witnesses and investigate complaints and reports of disappearances. The state shall implement due process guarantees and those with a legitimate interest should have access to basic information such as the date, time and place of the deprivation of liberty and the whereabouts of the person. Withholding information is only permitted when the deprivation of liberty is subject to judicial control and it does not lead to an enforced disappearance. The Convention enshrines the rights of victims, who include those disappeared and others who have suffered harm as a direct result of the enforced disappearance. The right to know the truth regarding the circumstances of the enforced disappearance, the progress and results of the investigation and the fate of the disappeared person is established and states should ensure reparation and prompt and adequate compensation. The right to form and participate freely in organizations and associations, which address enforced disappearances is also set out. A special provision deals with the prevention and punishment of the wrongful removal of children who are subjected to enforced disappearance or whose parents are subjected to enforced disappearance. States should search for, identify and return those children to their families. Finally, the Convention stresses the importance of international cooperation. States parties shall cooperate in searching for disappeared persons and, in the event of death, in exhuming and identifying them and returning the mortal remains. They shall submit suspects who are found on their territory to the competent authorities, extradite them to another state, or surrender them to an international criminal court. Non–refoulement in relation to enforced disappearance is stipulated; no person may be expelled, returned, surrendered or extradited to a country where he/she may be in danger of being subjected to enforced disappearance.

The Convention is monitored by the Committee on Enforced Disappearances (Article 26). The Committee consists of ten independent and impartial experts of high moral character and recognized competence in human rights. They are elected for four-year terms, and are eligible for re-election.

A unique feature is the competence of the Committee to receive urgent request from a relative or other person having a legitimate interest that a disappeared person be sought and found (Article 30). If the Committee considers that a request is not manifestly unfounded, does not constitute an abuse of the right of submission of such requests, has already been duly presented to the competent bodies of the state concerned, where such a possibility exists, and is not being examined under another procedure of international investigation or settlement of the same nature, it shall request the state to provide it with information on the situation of the persons sought. In the light of the information provided, the Committee may transmit recommendations to the state, including a request that it should take all the necessary measures, including interim measures, to locate and protect the person concerned and to inform the Committee of measures taken. The Committee shall continue its efforts to work with the state for as long as the fate of the person sought remains unresolved.

Furthermore, if the Committee receives information which appears to it to contain well-founded indications that enforced disappearance is being practised on a widespread or systematic basis in the territory under the jurisdiction of a state party, it may, after seeking from the state party all relevant information on the situation, urgently bring the matter to the attention of the UNGA (Article 34).

The CED supervisory mechanisms are the following:

a) Reporting Mechanism (Article 29). States parties shall report on the steps they have taken to implement the Convention within two years of its entry into force for the state concerned. After examining the reports, the Committee will issue such comments, observations or recommendations, as it may deem appropriate.

b) Individual Communications (Article 31). A state party may by a declaration under article 31 recognize the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of violations by the state of the Convention. If the Committee is satisfied that the matter is not being examined in another international context, and that all available domestic remedies have been exhausted, it shall transmit the communication to the state and call for observations and comments. After examination, it shall communicate its views to the state and the author of the communication. At any time after the receipt of a communication the Committee may request that a state take such interim measures as may be necessary to avoid possible irreparable damage to the victims of the alleged violation.

c) Country Visit (Article 33). If the Committee receives reliable information that a state party is seriously violating the Convention, it may designate one or more of its members to visit the country in question and to report back to it without delay. Upon a substantiated request by the state party, the Committee may decide to postpone or cancel its visit. If the state party agrees to the visit, the Committee and the state party shall work together to define the modalities of the visit and the state party shall provide the Committee with all the facilities needed for the successful completion of the visit. Following its visit, the Committee shall communicate to the state party concerned its observations and recommendations.

d) Inter-State Communications (Article 32). A state party may declare that it recognizes the competence of the Committee to receive and consider communications from one state party claiming that another state party is not fulfilling its obligations under the Convention. The Committee shall not receive communications concerning a state party which has not made such a declaration, nor communications from a state party which has not made such a declaration.

Summary:

Thus, it can be said that all these bodies are basically supervisory mechanisms which look into the various rights which are guaranteed by the treaties and which look into safeguarding and implementation of the rights of the individual against torture and enforced disappearances but also guarantee rights to children and persons with disabilities.

The editors are indebted to the authors of the Human Rights Reference Handbook (5th edition, Reykjavik, 2010) for permission to use their work as a basis for various modules of this paper. The updating of information and final presentation is, however, our responsibility alone. (The publishers are the Icelandic Human Rights Centre, Reykjavik, Iceland and the University for Peace, Ciudad Colon, Costa Rica. The authors of the Fifth Edition were Magdalena Sepúlveda, Theo van Banning, Guðrún D. Guðmundsdóttir, Christine Chamoun and Willem J.M. van Genugten.)

Reference 

• Human Rights Reference Handbook (5th edition, Reykjavik, 2010)The authors of the Fifth Edition were Magdalena Sepúlveda, Theo van Banning, Guðrún D. Guðmundsdóttir, Christine Chamoun and Willem J.M. van Genugten.