2023-10-23 22:30:00
By Jérémy Renaux and María Elizondo, coordinator of the program for missing persons and their families and legal advisor of the International Committee of the Red Cross (ICRC) for Mexico and Central America, respectively.
In recent years, the world has witnessed a dramatic increase in disappearances in migration contexts, a scourge that persists, worsens and hurts thousands of families. In response to this pressing humanitarian emergency, the United Nations Committee on Enforced Disappearances (CED) issued its first General Comment on Forced Disappearances in the Context of Migration. This transcendental instrument could play a guiding role in the formulation of public policies in favor of missing migrants and their families, but its effectiveness will depend on the involvement and coordination of the States of origin, transit and destination.
For the first time, the CED establishes the scope and application of the International Convention for the Protection of All Persons from Enforced Disappearance (CIPPDF) in the disappearance of people in mobility contexts. It also reaffirms the obligation of States parties to prevent, investigate and punish all disappearances of migrants.
The general comment strengthens existing models and actions to protect migrants against disappearances, including the Global Compact for Safe, Orderly and Regular Migrationhe Report on Forced Disappearances in the Context of Migration of the Working Group on Forced disappearences and the Recommendations on regional coordination and information exchange mechanisms for the search for missing persons in the migration context of the Regional Conference on Migration. Because the problem is transnational, these instruments will only be useful if all States participate.
The CED’s general commentary received contributions from more than 100 specialists, civil organizations and international organizations, such as the International Committee of the Red Cross (ICRC). The text includes the definition of Missing person according to the operational guidelines of the ICRC, which contributes to strengthening the protection of people, by recognizing the absence of the person and the lack of knowledge of family members as central elements of a disappearance. Likewise, the CED determines the obligation to activate an immediate search regardless of the cause of the disappearance.
Untold suffering
People on the move disappear in various contexts: on land and sea, when they are detained, trafficked or suffer accidents. One of the ICRC’s main humanitarian concerns reflected in the general commentary is how restrictive migration policies and practices increase the risk for people on the move – especially certain groups such as unaccompanied children and women – as they can be taken by more dangerous routes, placing them in a situation of greater vulnerability to disappearances and other crimes.
The International Organization for Migration has documented nearly 59,000 cases of missing migrants worldwide since 2014; more than 8,000 occurred in the Americas and about half of these (4,683) on the Mexico-United States border. These figures, which are undoubtedly higher due to the number of unreported disappearances, reflect a painful problem that affects a growing number of people. In 2022 alone, the highest number of disappearances in the history of the registry was recorded (1,457) and so far in 2023, almost 800 have occurred.
The number of dead migrants has also increased. In 2022, the United States Border Patrol reported the discovery of 853 people died on its southern border, the highest number recorded in the last two decades. The lack of recovery and identification of the bodies of migrants found dead and of notification to their families fuels the problem of disappearances.
From a rights perspective, it is essential and urgent that all States ratify the International Convention for the Protection of All Persons from Enforced Disappearances —currently in force in Mexico and Honduras and pending ratification by 41 countries— and commit to promoting international cooperation that allows for systematic, effective investigations and searches, without delay and with a differential approach; without forgetting the transnational and often transregional nature of migration.
In this regard, the CED considered the ICRC’s recommendation to establish transnational search mechanisms. This translates into an obligation for States of origin, transit and destination to create cross-border and regional mechanisms that facilitate the exchange of information (such as fingerprints) and the participation of families; preventing the fragmentation of efforts to find the whereabouts of the victims.
Giving answers to families: a humanitarian imperative
It is the families of the missing people who are on the front line of the search; This is why their experiences, opinions and needs must be placed at the center of the humanitarian response. However, the CED emphasizes that the State authorities are the ones who have the primary responsibility for searching for missing persons, and for investigating ex officio without the burden of proof falling on the victims or their relatives.
It also highlights that relatives of missing migrants often face stigmatization, discrimination and linguistic, cultural or socioeconomic barriers, which in many cases inhibit the filing of complaints and the follow-up of cases.
The authorities must treat them with dignity and without discrimination, and maintain effective communication with them throughout the search process using new technologies or through diplomatic and consular representation; They must even create emergency funds to cover family members’ expenses during the process.
In this regard, the CED emphasizes the obligation to train public officials, including consular officials, with a psychosocial approach and understanding of the contexts of forced migration.
Urgent global action
The search for missing migrants is a global challenge that requires immediate and coordinated action. States are obliged and have committed in multilateral forums to take measures to prevent and address disappearances, as well as to review their public policies.
It is now essential that they reaffirm their commitment through the ratification of the international convention, including the countries of origin and destination; in addition to creating and strengthening its national mechanisms for prevention, search, investigation and care for family members.
Without a doubt, the General Comment issued by the UN is a milestone in international human rights law and the legal protection of missing migrants and their families. The ICRC supports this instrument and reiterates its commitment to strengthen international cooperation and accompany the implementation of these recommendations with the objective that States fulfill their obligation to provide answers to the thousands of families who today are desperately searching for a loved one who migrated.
This article was originally published in The country on October 20, 2023.
Founded in 1863, the ICRC helps people around the world affected by armed conflict and other situations of violence, doing what it can to protect their dignity and alleviate their suffering, often alongside its Red Cross and Crescent partners. Red. Furthermore, the Institution seeks to prevent suffering by promoting and strengthening universal humanitarian law and principles.
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