Appendix I: Draft Declaration on the Protection of All Persons from Enforced or Involuntary Disappearances

Date01 December 1990
Published date01 December 1990
DOI10.1177/016934419000800412
Subject MatterPart C: Appendices
NQHR
4/1990
PART C: APPENDICES
APPENDIX I
DRAFT DECLARATION ON THE PROTECTION OF ALL PERSONS
FROM ENFORCED OR INVOLUNTARY DISAPPEARANCES
Preamble
The
General
Assembly,
Considering
that, in accordance with the principles proclaimed in the
Charter of the United Nations and other international instruments,
recognition of the inherent dignity and of the equal and inalienable rights
of all members of the human family is the foundation of freedom, justice
and peace in the world,
Considering
that these rights derive from the inherent dignity of the
human person,
Bearing in mind the obligation of States under the Charter, in particular,
Article 55, to promote universal respect for, and observance of, human
rights and fundamental freedoms,
Deeply
concerned
that in many countries, persons are arrested, detained
or abducted against their will or otherwise deprived of their liberty by
officials of different branches or levels of Government, or by organized
groups or private individuals acting on behalf of, or with the support or
acquiescence, direct or indirect, of the Government, followed by a refusal
to disclose the fate or whereabouts of the persons concerned or a refusal
to acknowledge the deprivation of their liberty, thereby placing such
persons outside the protection of the law,
Considering
that enforced or involuntary disappearance undermines the
deepest values of any society committed to respect for the rule of law,
human rights and fundamental freedoms,
Recalling resolution33/173 of 20 December 1978, bywhich the General
Assembly expressed concern about the reports from various parts of the
world relating to enforced or involuntary disappearances, as well as about
the anguish and sorrow caused by these disappearances, and called upon
Governments to hold law enforcement and security forces legally respon-
sible for excesses which might lead to enforced or involuntary disappearan-
ces,
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