Out of these 75 States parties: 20 States parties have recognised the competence of the Committee to examine individual complaints and also the same 20 States parties have recognised the competence of the Committee to examine interstate complaints.

Those States are: Albania, Austria, Belgium, Bosnia and Herzegovina, Croatia, Czechia, Finland, France, Germany, Lithuania, Luxembourg, Montenegro, Netherlands, Portugal, Serbia, Slovakia, Slovenia, Spain, Switzerland, and Ukraine.

Even though the ratification rate is still low, no European countries have made pledges to become party to the Convention in the context of UDHR 75.

Enforced Disappearances in Europe – Patterns

According to the 2023 Report of the Working Group on Enforced or Involuntary Disappearances (A/HRC/54/22), during the reporting period of May 2022 to May 2023, there were 1 862 outstanding cases in 5 European countries (Armenia, Azerbaijan, Luxembourg, Russian Federation and Türkiye), including WEOG and EEG.

The Working Group continues to be deeply concerned by numerous reports it has received concerning enforced disappearances of civilians and prisoners of war perpetrated by the Russian armed forces since the beginning of the armed conflict in Ukraine in February 2022, as attested to by the very large number of cases, 1 721 cases to be exact, transmitted under its humanitarian procedure during the reporting period. It is worth noting that there has been no meaningful interaction with the Russian Federation during the reporting period with the WGEID.

There have been reports of Russian forces having detained or abducted Ukrainian civilians and concealed their fate or whereabouts after their withdrawal. In addition, many local officials, journalists, and human rights defenders have reportedly been disappeared or abducted in areas of Ukraine under the control of Russian or Russian-controlled troops.

As of 27 February 2024, the Committee had registered 1,770 requests for urgent action, of which 1,722 were original requests and the remainder were parallel registrations, 8 of which stemmed from European countries (Armenia, Croatia, Lithuania, Slovakia and Ukraine), including WEOG and EEG.

But these are only the cases reported.

ED are happening in a multitude of contexts, including in the framework of migration, detention and deportation processes, or as a consequence of smuggling, trafficking and conflicts. The Working Group received alarming allegations related to enforced disappearance of migrants, refugees, and asylum-seekers, including women, pregnant women and children, and disabled persons seeking protection.

In September, the Working Group launched its 2023 thematic study on “new technologies and enforced disappearances” ( A/HRC/54/22/Add.5) which was presented at the 54th session of the Human Rights Council in a side event. New technologies, and in particular ICT, are frequently used to facilitate or conceal the commission of enforced disappearance, to hinder the work of human rights defenders and relatives of disappeared persons, and to intimidate or harass them.

In September 2023 also, the CED made a General comment (No. 1) on enforced disappearance in the context of migration. Given the often cross-border character of enforced disappearance in the context of migration, the general comment is aimed at fostering international and regional cooperation on prevention, search and investigation with regard to the disappearance of migrants in compliance with States parties’ obligations under the Convention.

Legal framework concerns and case for the Convention

The Convention for the protection of all Persons from Enforced Disappearance is often forgotten.

For example, it is surprising that the Convention is not in the list of UN Treaties mentioned in the GSP +, this special incentive arrangement for Sustainable Development and Good Governance that supports vulnerable developing countries that ratified 27 international conventions on human rights, labour rights, environmental protection and climate change, and good governance.

And yet, enforced disappearances REMAINS A REALITY EVERYDAY IN THE WORLD that concerns all regions, be it as places of occurrence of the disappearance, as countries of transit, or as country of nationality of the disappeared person. In all these cases, such countries have their part of responsibility to cooperate with the search and investigation, and with the support to victims.

Conclusion

The level of ratification of the International Convention for the Protection of All Persons from Enforced Disappearance remains low, despite the clear collective position of Member States that enforced disappearances must urgently be prevented and eradicated in all parts of the world.

Addressing ED effectively requires a multifaceted approach, including stronger legislative frameworks, enhanced judicial cooperation and increased knowledge and capacity to monitor and report. The CED provides a strong legal framework to prevent and address ED, and the commitment of European States to the treaty and its implementation is crucial for effectively fighting against enforced disappearances.