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The abduction of an individual by state agents and a refusal to disclose their whereabouts constitutes a human rights violation. This is called enforced disappearance, a tool that governments can use to provoke fear and intimidation as a method of control. Enforced disappearances have long been used as a way to diminish political resistance. The lack of information that families and communities receive regarding the disappeared person's fate also prevents them from seeking accountability, as justice becomes too difficult to achieve without understanding which crimes have been committed.
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Enforced disappearances are a crime under international law. It refers to people who go missing by state officials or those behaving on behalf of a state. These actions may also be taken by non-state actors.
Their disappearance may be denied by officials or accompanied by a refusal to give information or details about their whereabouts. Due to the unclear circumstances of their disappearance and the improbability of their return, their fate is always unclear.
Torture and death, or extreme fear of death, are key characteristics that accompany an enforced disappearance. The few victims that are released often face a lifetime of physical and psychological pain.
International law also bans the use of "incommunicado detention." This refers to those that are not disappeared, but are held in prolonged detention without access to legal representation, medical care, or family visitations.
Disappearances have occurred in all regions across the world. They are not limited to specific contexts. They have occurred on a large scale to create fear among communities and to discourage political unrest.
The families and communities of those who have disappeared live in distress, unaware if their loved ones are alive, facing violence, and if or when they will return. There is a sense of paralysis that loved ones experience in waiting for information or the return of their family member. International law recognizes families of those forcibly disappeared as victims, too.
In 2010, the United Nations issued the International Convention for the Protection of all Persons from Enforced Disappearance. This tool is intended to prevent enforced disappearances from happening, but when they do, to find legal recourse for justice.
Sri Lanka is a country with one of the world’s highest rates of enforced disappearances. According to Amnesty International, since the late 1980s there were between 60,000-100,000 people who were forcibly disappeared, many of whom remain so.
During Argentina’s dictatorship (1976-1983), mass disappearances took place. Approximately 30,000 people went missing, with torture and executions regularly occurring.
In Argentina, there is still a strong, ongoing campaign to seek justice for the disappeared and to demand answers regarding their whereabouts. Thousands of families remain unclear about what happened to their loved ones.
Since the start of the Syrian revolution, over 82,000 people were disappeared by the Assad regime forces. An additional 2,000 are missing after detainment from armed groups, including ISIS.
To this day, the Syrian government has only confirmed the deaths of less than 200 people that were forcibly disappeared. The fate of the remaining tens of thousands is unclear.
Abroad, the United States is documented to have historically assisted dictators with enacting enforced disappearances, or directly conducted them during wartime. While at home, particularly tied to the War on Terror, at least 39 detainees remain unaccounted for. There are a number of 'black sites' where Americans have also been held without information regarding their whereabouts.
In 2017, the Chinese government commenced a large-scale repression of the Uighurs, an ethnic minority. Between 900,000-1 million Uighurs were subjected to displacement.
The Chinese government has been accused of enacting enforced disappearances, accompanied by footage of ‘reeducation’ camps. Since 2019, many people have been released, while others were sent to prison.
In Egypt, enforced disappearances have been used as a method to quell political dissent following the Arab Spring through today. A 2011 report commissioned by then-President Mohamed Morsi included documentation of detainees who were killed and buried in unmarked graves.
In Eritrea, the government has been accused of arbitrary detention and the enforced disappearance of journalists, political dissidents, and members of certain religious congregations. Witnesses described the sudden kidnapping of people from the street, mosques, and workplaces by uniformed or plain-clothed security agents.
In Zimbabwe, authorities have been accused of abduction, arbitrary detention, torture, and the killing of those of political opposition. Despite the long history of these tactics, they were escalated following the August 2023 general elections.
Legal mechanisms for addressing enforced disappearances are largely found in international treaties, but can also be included in regional tools and national laws. One of the main challenges in using and implementing these mechanisms is the cooperation of the state.
Victims and their families can use these tools to try to investigate and subsequently prosecute those accused of enacting enforced disappearances.
In addition to the International Convention for the Protection of All Persons from Enforced Disappearance, there is the International Criminal Court (ICC). As the ICC holds jurisdiction over individuals, those enacting forcible disappearances on behalf of a state can be held accountable for their role.
The ICC is a backup court for national venues of justice. Therefore, it can be used to seek justice when national courts are unwilling to prosecute crimes. But given the ICC’s limitations, it can be challenging to prosecute state actors, as they often refuse cooperation.
In Latin America, the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have been the two primary bodies used to address enforced disappearances. These bodies have not only submitted evidence on wrongdoings, but have also held governments accountable and ordered reparations.
In addition to international and regional bodies, many countries also have laws to criminalize enforced disappearances. This being said, the challenge of political will is a major obstacle in the implementation of these laws.
Truth and reconciliation commissions have also been a major tool in what’s called transitional justice. This refers to a process that seeks to address human rights violations through reforms and redress as an effort to move on from a painful past. Brazil, Argentina, Canada, and South Africa are some examples of where this has taken place.
While judicial confrontations may not always be an option for victims and their families, there are other steps that have been taken to enact repair. One is monetary compensation, or rather, financial compensation for the loss families’ suffer.
As men are more likely to be victims of enforced disappearances, many victims are also the primary earners in a family. Therefore, financial reparations can be an important step for victims and their loved ones.
Symbolically, official apologies and acknowledgements issued by states, as well as public memorials, can be important for victims and their families.
The image shows Mexican President Claudia Sheinbaum Pardo during the first briefing conference, where she offered an apology to the families of the victims of the student massacre of 1968.Another major step that can be taken is access to rehabilitation. Victims often suffer from physical and psychological consequences related to the trauma they experienced. Rehabilitation offers victims a chance to move forward with their lives.
While enforced disappearances may seem like a tactic of the past, it still occurs throughout the world. Signatories to international treaties are obligated to take the necessary steps to prevent enforced disappearances from occurring. While prevention is the main strategy of international law, there are limited but available tools to seek justice if an enforced disappearance occurs.
Sources: (OHCHR) (United Nations) (The Diplomat) (Amnesty International) (Human Rights Watch) (TRIAL International) (Reuters) (AP News)
See also: The greatest human rights issues facing future generations
The forced disappearance of people for political reasons
Undermining law and disrupting communities
LIFESTYLE Human rights
The abduction of an individual by state agents and a refusal to disclose their whereabouts constitutes a human rights violation. This is called enforced disappearance, a tool that governments can use to provoke fear and intimidation as a method of control. Enforced disappearances have long been used as a way to diminish political resistance. The lack of information that families and communities receive regarding the disappeared person's fate also prevents them from seeking accountability, as justice becomes too difficult to achieve without understanding which crimes have been committed.
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