Distr. Restricted
COMMISSION ON HUMAN RIGHTS
Inter-sessional open-ended working group to
elaborate a draft legally binding normative
instrument for the protection of all persons
from enforced disappearance
First session
Geneva, 6-17 January 2003
I. INTRODUCTION
1. At its fifty-seventh session, the Commission on Human Rights decided, in its resolution 2001/46 of 23 April 2001, to establish an intersessional open-ended working group charged with elaborating a draft legally binding normative instrument for the protection of all persons from enforced disappearance, taking into account in particular the draft international convention transmitted by the Sub-Commission. In the same resolution, the Commission requested its Chairperson to appoint an independent expert to examine the international criminal and human rights framework for the protection of persons from enforced or involuntary disappearance, with a view to identifying any gaps in order to ensure full protection from enforced or involuntary disappearance and to report to the Commission at its fifty-eighth session and to the working group.
2. At its fifty-eighth session, the Commission, in its resolution 2002/41, requested the working group, which was to meet before the fifty-ninth session for a period of 10 working days, to prepare, for consideration and adoption by the General Assembly, a draft legally binding normative instrument on the basis of the Declaration adopted by the General Assembly in its resolution 47/133, in the light of the work of the independent expert and taking into account, inter alia, the Sub-Commission's draft convention.
3. Pursuant to the above-mentioned resolutions, the working group met from 6 to 17 January 2003. Its session was opened by Mr. Bertrand Ramcharan, Deputy High Commissioner for Human Rights, who made an introductory statement summarizing United Nations activities with respect to enforced disappearances since the 1970s.
II. ORGANIZATION OF WORK
A. Election of officers
4. At its 1st meeting, on 6 January 2003, the working group elected Ambassador Bernard Kessedjian (France) as its Chairperson-Rapporteur.
B. Attendance
5. Representatives of the following States members of the Commission on Human Rights attended the working group's meetings: Algeria, Argentina, Armenia, Austria, Australia, Brazil, Canada, China, Chile, Costa Rica, Cuba, Democratic People's Republic of Korea, France, Germany, Guatemala, India, Ireland, Japan, Malaysia, Mexico, Pakistan, Peru, Poland, Republic of Korea, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka, Sudan, Sweden, Thailand, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America, Uruguay, Venezuela, Viet Nam.
6. The following States non-members of the Commission on Human Rights were represented by observers at the working group's meetings: Belarus, Bolivia, Cambodia, Colombia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, Egypt, Finland, Georgia, Greece, Hungary, Iran (Islamic Republic of), Iraq, Jordan, Lebanon, Lithuania, Mauritania, Mauritius, Monaco, Morocco, Nepal, New Zealand, Norway, Oman, Philippines, Portugal, Qatar, Romania, Slovenia, Spain, Switzerland, Tunisia.
7. The following non-governmental organizations in consultative status with the Economic and Social Council were represented by observers at the working group's meetings: Amnesty International, Association for the Prevention of Torture (APT), International Commission of Jurists, International Federation of Human Rights (IFHR), Latin American Federation of Associations of Relatives of Disappeared Detainees (FEDEFAM), Study and Research Group on the Democratic, Economic and Social Development of Africa (GERDDES-Africa), Human Rights Watch, Indian Movement Tupaj Amaru, International Service of Human Rights.
8. The International Committee of the Red Cross was represented by an observer.
9. Mr. Manfred Nowak, in pursuance of his mandate under resolution 2001/46, and Mr. Louis Joinet, in his capacity as independent expert and Chairman of the working group on the administration of justice of the Sub-Commission on Prevention of Discrimination and Protection of Minorities that drew up the 1998 draft convention, also participated in the session. Several delegations urged that Mr. Nowak, Mr. Joinet and at least one member of the Working Group on Enforced or Involuntary Disappearances of the Commission on Human Rights should take part in the open-ended working group's future work.
C. Documentation
7. The working group had before it the following documents:
E/CN.4/2003/WG.22/1 Provisional agenda
A/RES/47/133 Declaration on the Protection of All Persons from Enforced Disappearance
E/CN.4/Sub.2/RES/1998/25 Draft international convention on the protection of all persons from enforced disappearance
E/CN.4/Sub.2/1998/19 Report of the sessional working group on the administration of justice of the Sub-Commission on Prevention of Discrimination and Protection of Minorities
E/CN.4/2001/69 and Add.1 Question of enforced or involuntary disappearances: note by the secretariat
E/CN.4/2002/71 Report submitted by Mr. Manfred Nowak, independent expert charged with examining the existing international criminal and human rights framework for the protection of persons from enforced or involuntary disappearances, pursuant to paragraph 11 of Commission resolution 2001/46.