By Prof Chris Kwaja
On the strength of Resolution 65/209, of 21st December, 2010, the United Nations General Assembly, declared 30th August of each year as the International Day on the Victims Enforced Disappearances. This day was set by the United Nations to commemorate and pay tribute to victims of enforced disappearances, a phenomenon that has become a global challenge for humanity. In the past, this phenomenon was associated with military dictatorship. At present, it has become rampant, to the extent that under “democratic governments, enforced disappearances have taken a huge toll on humanity, perpetrated by both state and non-state actors.
Since the early 1990s, the spate of conflict and organized crimes witnessed across West Africa increased, with people disappearing, without trace, perpetrated by the state, violent extremist and secessionist groups, bandits, militias and individuals. According to the United Nations, “when committed as part of a widespread or systematic attack directed at any civilian population, a “forced disappearance” qualifies as a crime against humanity and, thus, is not subject to a statute of limitations. It gives victims’ families the right to seek reparations, and to demand the truth about the disappearance of their loved ones”. Some of the human rights violations associated with enforced disappearances include:
- The right to liberty and security of the persons;
- The right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment;
- The right to life, when the disappeared person is killed;
- The right to an identity;
- The right to a fair trial and to judicial guarantees;
- The right to an effective remedy, including reparation and compensation; and
- The right to know the truth regarding the circumstances of a disappearance.
Addressing the governance, humanitarian, security, and human rights implications of enforced disappearances requires national and regional actors such as the Economic Community of West African States (ECOWAS), to put in place measures that targets:
- Criminalising enforced disappearances by making sure it is captured under specific crimes under national laws and the ECOWAS statutes.
- Hold perpetrators of enforced disappearances accountable through prosecution in line with the rule of law;
- Provide for the mental health and psychosocial care of victims of enforced disappearances, as well as their immediate families and guardians.
- Establish mechanisms and processes for transitional justice to hold perpetrators of enforced disappearances accountable, as a basis for healing and averting future occurrences.
- Ensure the opening of national register for the collation and documentation of details of victims of enforced disappearances, to serve as a critical resource for families seeking answers about the whereabout of their loved ones.
Prof. Chris Kwaja is a Professor of International Relations and Strategic Studies, Modibbo Adama University Yola, Nigeria. He is also the Special Envoy on Peace and Security to the Governor of Plateau State, Nigeria. He previously served as a member of the United Nations Working Group on Mercenaries.
