Unmasking Unseen Victims: The Ongoing Battle Against Enforced Disappearances

By Misha Madinah

The 30th of August serves as an important reminder in human history: the International Day of the Victims of Enforced Disappearances. It honours countless individuals forcibly detained, abducted, or taken without a trace. But how did this day come to be? In 1992, the UN General Assembly adopted the Declaration on the Protection of All Persons from Enforced Disappearance, affirming that enforced disappearances are serious human rights violations and must be prevented.¹ Years later, in response to the rising crisis and the harassment faced by the families of the victims, the Assembly adopted Resolution 61/177 in 2006, leading to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).² To further strengthen global efforts, the UN declared August 30th as a day to raise awareness and promote justice.³

An enforced disappearance occurs when a person is detained or abducted by state agents or others with state approval, followed by a refusal to acknowledge their detention or concealment of their fate or whereabouts, leaving them outside the protection of the law.⁴ As defined in Article 2 of the ICPPED and in the Preamble of the Declaration on the Protection of All Persons from Enforced Disappearance, such actions involve three critical elements: the deprivation of liberty against the individual’s will, the involvement or tacit approval of government agents, and the concealment or denial of the person’s fate or location.⁵ These disappearances violate several fundamental human rights, including:⁶

• The right to personal security and dignity,

• The right not to be subjected to torture or other cruel, inhuman, or degrading treatment or punishment,

• The right to humane conditions of detention,

• The right to a legal personality,

• The right to a fair trial,

• The right to family life,

• The right to life.

Sri Lanka, for instance, has one of the highest rates of enforced disappearances globally, with an estimated 60,000 to 100,000 people missing since the late 1980s. Many of these individuals were victims who surrendered at the end of the civil conflict, with their fates concealed by the government.⁷ Similarly, in the Philippines, enforced disappearances were often used as a tool by state authorities under the Marcos regime. Thousands of individuals vanished without a trace, some of whom were later found, but many remain missing.⁸

Enforced disappearances are not limited to military dictatorships; they also occur in internal conflicts, where human rights defenders, victims' families, and legal representatives face harassment. Young men from lower socio-economic backgrounds, particularly those involved in political activism or unrest, are often the primary targets. Women, especially mothers, daughters, or wives, suffer as secondary victims.⁹ This is a reality recognised under UN conventions.¹⁰ According to the UN Special Rapporteur on Extreme Poverty and Human Rights, individuals from poorer backgrounds, such as labourers and farmers, are especially vulnerable.¹¹

States often justify such actions under the guise of counter-terrorism, and perpetrators are rarely held accountable. Enforced disappearances also serve as a widespread tool of terror, used to instil fear within societies. Both the Rome Statute of the International Criminal Court and the International Convention for the Protection of All Persons from Enforced Disappearance classify these acts as crimes against humanity when committed as part of a widespread or systematic attack against civilians.¹² This classification ensures that such crimes are not subject to a statute of limitations, providing victims’ families the right to seek reparations and accountability regarding their loved ones' fate.¹³

Victims of enforced disappearance often endure severe physical and psychological torture and live in constant fear for their lives. When women are the direct victims, they are particularly vulnerable to sexual violence and other forms of abuse. The disappearance of children violates multiple provisions of the Convention on the Rights of the Child, including the right to an identity. The disappearance of a parent also severely impacts a child’s human rights. Even when victims are eventually released, they carry lasting physical and psychological scars due to the dehumanising treatment they have endured. This trauma extends to their families, who are left in a state of distress, uncertain whether their loved ones are alive or in what condition they are being held.¹⁴ As many of the disappeared are the primary breadwinners, families often experience economic and social marginalisation, especially when national laws prevent them from accessing support, such as pensions, without a death certificate.¹⁵ These hardships are frequently borne by women, who may also face intimidation, persecution, and reprisals.¹⁶

Human rights organisations like TRIAL International and Amnesty International are leading efforts to combat impunity and secure justice for these victims. TRIAL International provides legal support, investigates violations, and holds perpetrators accountable.¹⁷ In 2023, it secured convictions and reparations across eight countries, including for survivors of sexual violence.¹⁸ Amnesty International campaigns for accountability, urging governments to determine the fate of the missing and either release them or disclose their whereabouts. The organisation also calls for the criminalisation of enforced disappearances, fair trials for perpetrators, and reparations for victims.¹⁹

As we mark the International Day of the Victims of Enforced Disappearances on 30th August, we must remember that behind every statistic is a life stolen, a family shattered, and a future left in limbo. This day is more than just a date, it is a call to action against one of the most harrowing human rights violations. To truly understand the gravity of enforced disappearances, we must look beyond the numbers and see the human stories behind them. “A young girl whose father is now just a picture on a mobile phone, a woman still searching for the love of her life, a son staring into the vastness of the sea that swallowed his father”: these haunting images, as described by TRIAL International, remind us that this crisis is not just political or legal; it is deeply personal.²⁰

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Bibliography

Primary Sources

Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) 1577 UNTS 3

Declaration on the Protection of All Persons from Enforced Disappearance (adopted 18 December 1992, UNGA Res 47/133)

International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) (adopted 20 December 2006, entered into force 23 December 2010) UNGA Res 61/177

Rome Statute of the International Criminal Court (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 3

United Nations General Assembly Resolution 61/177 (20 December 2006)

United Nations Special Rapporteur on Extreme Poverty and Human Rights, ‘Access to Justice for People Living in Poverty’ (67th session, 2012) UN Doc A/67/278

Secondary Sources

Adams, ‘Enforced Disappearance: Family Members’ Experiences’ (2019) 20 Human Rights Review 335 https://doi.org/10.1007/s12142-019-0546-6

Amnesty International, ‘Enforced Disappearances’ (Amnesty International) https://www.amnesty.org/en/what-we-do/enforced-disappearances/

Amnesty International, ‘No More “Missing Persons”: The Criminalization of Enforced Disappearance in South Asia’ (2011) https://www.amnesty.org/en/wp-content/uploads/2021/06/ior510102011en.pdf

Amnesty International, Philippines: Not Forgotten, the Fate of the “Disappeared” (1996) ASA 35/008/1996 https://www.amnesty.org/en/documents/asa35/008/1996/en/

Glocality, ‘Article on Enforced Disappearance’ (Glocality) https://glocality.eu/articles/10.5334/glo.39

OHCHR, ‘About Enforced Disappearances’ (UN Human Rights) https://www.ohchr.org/en/special-procedures/wg-disappearances/about-enforced-disappearance#:~:text=An%20enforced%20disappearance%20is%20considered,deprivation%20of%20liberty%20or%20by

Report of the Working Group on Enforced or Involuntary Disappearances, Addendum: Mission to Colombia (3 February 2011) UN Doc A/HRC/16/48/Add.3

TRIAL International, Annual Report 2023 (TRIAL International 2024) https://trialinternational.org/wp-content/uploads/2024/06/02_AR_Digital_EN_2023.pdf

TRIAL International, ‘Enforced Disappearance’ (TRIAL International) https://trialinternational.org/topics-post/enforced-disappearance/

TRIAL International, ‘Putting Faces on the Loved Ones of Disappeared Persons’ (TRIAL International) https://trialinternational.org/latest-post/putting-faces-on-the-loved-ones-of-disappeared-persons/

United Nations, ‘International Day of the Victims of Enforced Disappearances’ (UN, 30 August) https://www.un.org/en/observances/victims-enforced-disappearance

Vermeulen, Enforced Disappearance: Determining State Responsibility under the International Convention for the Protection of All Persons from Enforced Disappearance (Intersentia 2012) https://dspace.library.uu.nl/handle/1874/235389

1. Declaration on the Protection of All Persons from Enforced Disappearance (adopted 18 December 1992) UNGA Res 47/133 https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-protection-all-persons-enforced-disappearance

2. International Convention for the Protection of All Persons from Enforced Disappearance (adopted 20 December 2006, entered into force 23 December 2010) UNGA Res 61/177 https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-protection-all-persons-enforced

3. United Nations, ‘International Day of the Victims of Enforced Disappearances’ (UN, 30 August) https://www.un.org/en/observances/victims-enforced-disappearance

4. OHCHR, ‘About Enforced Disappearances’ (UN Human Rights) https://www.ohchr.org/en/special-procedures/wg-disappearances/about-enforced-disappearance#:~:text=An%20enforced%20disappearance%20is%20considered,deprivation%20of%20liberty%20or%20by

5. Report of the Working Group on Enforced or Involuntary Disappearances, Addendum: Mission to Colombia (3 February 2011) UN Doc A/HRC/16/48/Add.3

6. Amnesty International, ‘No More “Missing Persons”: The Criminalization of Enforced Disappearance in South Asia’ (2011) https://www.amnesty.org/en/wp-content/uploads/2021/06/ior510102011en.pdf

7. mnesty International, ‘Enforced Disappearances’ (Amnesty International) https://www.amnesty.org/en/what-we-do/enforced-disappearances/

8. Amnesty International, Philippines: Not Forgotten, the Fate of the “Disappeared” (1996) ASA 35/008/1996 https://www.amnesty.org/en/documents/asa35/008/1996/en/

9. Adams, ‘Enforced Disappearance: Family Members’ Experiences’ (2019) 20 Human Rights Review 335 https://doi.org/10.1007/s12142-019-0546-6

10. International Convention for the Protection of All Persons from Enforced Disappearance (adopted 20 December 2006, entered into force 23 December 2010) UNGA Res 61/177 (ICPPED)

11. United Nations Special Rapporteur on Extreme Poverty and Human Rights, ‘Access to Justice for People Living in Poverty’ (2012) UN Doc A/67/278 https://www.ohchr.org/Documents/Issues/Poverty/A-67-278.pdf

12. Rome Statute of the International Criminal Court (adopted 17 July 1998, entered into force 1 July 2002) 2187 UNTS 3 https://www.ohchr.org/en/instruments-mechanisms/instruments/rome-statute-international-criminal-court#:~:text=(i)%20%22Enforced%20disappearance%20of,or%20whereabouts%20of%20those%20persons%2C

13. United Nations, ‘International Day of the Victims of Enforced Disappearances’ (UN, 30 August) https://www.un.org/en/observances/victims-enforced-disappearance

14. Amnesty International, ‘No More “Missing Persons”: The Criminalization of Enforced Disappearance in South Asia’ (2011) https://www.amnesty.org/en/wp-content/uploads/2021/06/ior510102011en.pdf

15. Vermeulen, Enforced Disappearance: Determining State Responsibility under the International Convention for the Protection of All Persons from Enforced Disappearance (Intersentia 2012) https://dspace.library.uu.nl/handle/1874/235389

16. Glocality, ‘Article on Enforced Disappearance’ (Glocality) https://glocality.eu/articles/10.5334/glo.39

17. TRIAL International, ‘Enforced Disappearance’ (TRIAL International) https://trialinternational.org/topics-post/enforced-disappearance/

18. TRIAL International, Annual Report 2023 (TRIAL International 2024) https://trialinternational.org/wp-content/uploads/2024/06/02_AR_Digital_EN_2023.pdf

19. Amnesty International, ‘Enforced Disappearances’ (Amnesty International) https://www.amnesty.org/en/what-we-do/enforced-disappearances/

20. TRIAL International, ‘Putting Faces on the Loved Ones of Disappeared Persons’ (TRIAL International) https://trialinternational.org/latest-post/putting-faces-on-the-loved-ones-of-disappeared-persons/