The worrying phenomenon of enforced disappearances has been thrust back into the global spotlight with recent reports from Myanmar, and several Asian countries facing criticism for their alleged use of this brutal tactic. This article delves deeper into what constitutes enforced disappearances, their history, recent instances, and the global measures taken to prevent them.
Understanding Enforced Disappearances
Enforced disappearance is a term used to describe the conditions where an individual is secretly abducted or imprisoned by a state, political organization, or third party, often with the intent of placing the victim outside the protection of the law. The perpetrator then refuses to acknowledge the person’s fate and whereabouts. The now infamous ‘Dirty War’ in Argentina during the 1970s and early 1980s brought the issue of enforced disappearances to worldwide attention.
The key components of enforced disappearances include a deprivation of liberty against the person’s will, involvement of government officials (at least by acquiescence), and refusal to acknowledge the deprivation of liberty or concealment of the victim’s fate or whereabouts.
Recent Cases
Recently, there have been notable instances of enforced disappearances in several Asian countries:
– Myanmar: Amidst a military-led suppression of people’s movements, reports of enforced disappearances have surged.
– China: Authorities are allegedly using re-education as a pretext for enforced disappearances among the Uyghur minority ethnic group.
– Sri Lanka: Decades of domestic conflict have been accompanied by various forms of enforced disappearances.
– Pakistan and Bangladesh: Instances of enforced disappearance are reportedly being committed in the guise of counter-terrorism measures.
Global Measures Against Enforced Disappearances
To combat enforced disappearances globally, the United Nations established the Working Group on Enforced or Involuntary Disappearances (WGEID) in 1980. The WGEID assists families in determining the fate of disappeared family members, monitors state progress in fulfilling their respective obligations, and draws government and NGO attention to the declaration’s various aspects.
Additionally, the International Convention for the Protection of all Persons from Enforced Disappearance was adopted in 2006 and came into effect in 2010. The Committee on Enforced Disappearances (CED) was subsequently established. However, the number of participating states remains low compared to other treaties. Of the 63 treaty member-states, only eight from the Asia-Pacific region have ratified or acceded to the treaty.
Indian Context
In India, while there is no specific legislation for enforced disappearances, international and constitutional legal protections are in place to guard against torture, extrajudicial killings, and forced disappearances. Acts like the Armed Forces (Special Powers) Act, 1958, Prevention of Torture Bill, 2017, and Right to Information Act, 2005 serve this purpose. Even so, India has signed but not ratified the International Convention for the Protection of all Persons from Enforced Disappearance.
The Path Forward
Enforced disappearance is a grave crime against humanity, causing ongoing pain and suffering for affected families. Asian countries must seriously consider their obligations and reject impunity culture to eradicate enforced disappearances. As the domestic criminal law systems often fall short, a comprehensive approach is needed to combat this continuous crime. A robust global effort is necessary for eradicating enforced disappearances at the earliest.