Annex II

Agendas of the Committee’s first and second sessions

A.Agenda of the first session of the Committee on Enforced Disappearances (8–11 November 2011) (CED/C/1/1)

1.Opening of the session.

2.Solemn declarations by the members of the Committee.

3.Election of the officers.

4.Adoption of the agenda.

5.Two-day induction course.

6.Adoption of the provisional rules of procedure.

7.Matters related to the methods of work of the Committee.

8.Cooperation and consultation with relevant organs, in accordance with article 28 of the Convention, including meeting with the Working Group on Enforced or Involuntary Disappearances.

9. Future meetings.

10.Other matters.

B.Agenda of the second session of the Committee on Enforced Disappearances (26–30 March 2012) (CED/C/2/1)

1.Opening of the session.

2.Minute of silence in remembrance of victims of enforced disappearance.

3.Adoption of the agenda.

4.Provisional rules of procedure.

5.Communications, information and requests received by the Committee.

6. Matters related to the methods of work of the Committee:

(a)Reporting guidelines;

(b)Methods of work related to articles 30, 31 and 33 of the Convention;

(c) Ratification strategy, development of model laws and other matters.

7.Thematic discussions under the Convention.

8.Meeting with United Nations Member States.

9.Meeting with the United Nations agencies, other mechanisms, intergovernmental organizations and national human rights institutions.

10.Meeting with non-governmental organisations and other stakeholders.

11.Programme of work of the third session.

12. Treaty-body strengthening update.

13. Report of the Committee to the General Assembly at its sixty-seventh session.

C.Provisional agenda of the third session of the Committee on Enforced Disappearances (29 October to 9 November 2012)

1.Opening of the session.

2.Minute of silence in remembrance of victims of enforced disappearances.

3.Adoption of the agenda.

4.Communications, information and requests received by the Committee.

5.Matters related to the methods of work of the Committee:

(a)Methods of work related to articles 30, 31 and 33 of the Convention;

(b)Ratification strategy, development of model laws and other matters.

6.Consideration of reports of States Parties to the Convention

7.Thematic discussions on:

(a)Human trafficking and enforced disappearances;

(b)Principle of non-refoulement, expulsion, extradition under article 16.

8.Day of general discussion on the responsibility of States and the role of non-State actors.

9.Meeting with United Nations Member States.

10.Meeting with the Working Group on Enforced or Involuntary Disappearances, other United Nations agencies and mechanisms, intergovernmental organizations and National human rights institutions.

11.Meeting with non-governmental organizations and other stakeholders.

12.Programme of work of the fourth session.

13.Treaty-body strengthening update.

14.Presentation of the Committee’s report to the General Assembly at its sixty-eighth session.

Annex III

Membership of the Committee on Enforced Disappearances and terms of office as at 30 March 2012

Name of member	State party	Term of office expires
Mr. Mohammed Al- Obaidi	Iraq	30 June 2013
Mr. Mamadou Badio Camara	Senegal	30 June 2015
Mr. Emmanuel Decaux	France	30 June 2015
Mr. Alvaro Garcé García Y Santos	Uruguay	30 June 2015
Mr. Luciano Hazan	Argentina	30 June 2013
Mr. Rainer Huhle	Germany	30 June 2015
Ms. Suela Janina	Albania	30 June 2015
Mr. Juan José López Ortega	Spain	30 June 2013
Ms. Enoch Mulembe	Zambia	30 June 2013
Mr. Kimio Yakushiji	Japan	30 June 2013

Annex IV

Decisions adopted by the Committee on Enforced Disappearances during its first and second sessions

A.Decisions adopted by the Committee during its first session

1.The Committee decided to adopt provisional rules of procedure, including revised provision on Article 30.

2.The Committee decided to appoint a Special Rapporteur, a deputy and an alternate to consider urgent action requests and issue interim measures between sessions.

3.The Committee decided to establish a working group, led by Mr. Al-Obaidi, with the support of Mr. Decaux and Ms. Janina, to develop guidelines on reporting, led by Mr. Al-Obaidi.

4.The Committee decided to establish a working group, led by Mr. Yukushiji and Mr. Mulembe, with the support of the three rapporteurs for urgent action requests, to develop a “user manual” on individual communications, including developing a form for the submission of cases and proposing changes to the existing model complaint form.

5.The Committee decided to adopt session reports, in addition to the Committee’s annual reports required by the Convention. The Secretariat will prepare the draft report for consideration by the Committee.

6.The Committee decided to cooperate and establish communication with the Working Group on Enforced or Involuntary Disappearances. The Committee further decided to hold joint annual meetings with the Working Group in November.

7.The Committee decided on two themes for general discussion during its second session, namely Women and children in relation to enforced disappearances and Responsibility of States and the role of non-State actors in enforced disappearances.

8.The Committee decided to send letters to States which have signed but not ratified the Convention.

B.Decisions adopted by the Committee during its second session

1.The Committee decided to adopt its rules of procedure.

2.The Committee decided to adopt guidelines and forms for urgent action requests under article 30, and the submission of complaints under article 31.

3.The Committee decide to adopt the guidelines for State party reporting under article 29 of the Convention.

4.The Committee decided to devise a strategy to encourage States to ratify the Convention.

5.The Committee decided to develop model laws and other matters.

6.The Committee decided to adopt its Annual Report to sixty-seventh session of the General Assembly.

7.The Committee decided to endorse the Dublin II outcome document on the treaty body strengthening process.

8.The Committee decided to adopt the informal report of its second session.

9.The Committee decided to adopt the provisional agenda for its third session.

10.The Committee decided to establish a Working Group on rules of procedures regarding the individual complaints mechanism under article 31 of the Convention.

11.The Committee decided that its third session will be held from 29 October to 9 November 2012.

Annex V

Guidelines and form for submitting requests for urgent action under article 30 of the Convention

A.Guidance for submission of requests for urgent action to the Committee on Enforced Disappearances

Article 30 of the International Convention for the Protection of All Persons from Enforced Disappearance grants the Committee on Enforced Disappearances the competence to receive and consider requests, submitted by the relatives of the disappeared person or their legal representatives, their counsel or any person authorized by them, as well as any other person having a legitimate interest, that a disappeared person should be sought and found as a matter of urgency. The requests for urgent action may only be received if the enforced disappearance has occurred in a country that is a State Party to the Convention. A list of States Parties to the Convention can be found at the following link: http://treaties.un.org.

To be considered by the Committee, a request for urgent action:

1.Shall be in writing;

2.Shall not be anonymous;

3.Must refer to a State which is a party to the International Convention for the Protection of All Persons from Enforced Disappearance;

4.Must concern a case of alleged enforced disappearance which normally occurred no longer than 3 months before the request for urgent action or must concern a victim of an alleged enforced disappearance who was last seen no longer than 3 months before the request for urgent action;

5.Must be submitted by relatives of the disappeared person or their legal representatives, their counsel or any person authorized by them, as well as by any other person having a legitimate interest.

The request for urgent action will not normally be considered by the Committee:

1.If it has not been duly presented to the competent bodies of the State party concerned, such as those authorized to undertake investigations, where such a possibility exists;

2.If the same matter is being examined under another procedure of international investigation or settlement of the same nature, in particular the Working Group on Enforced or Involuntary Disappearances;

3.If it refers to an enforced disappearance that began before the State concerned became party to the Convention;

4.If the enforced disappearance began more than three months before the request is transmitted to the Committee.

If you wish to submit a request for urgent action, please follow the guidance below as closely as possible. Also, please submit any relevant information which becomes available after you have submitted this form.

Further information on the International Convention for the Protection of All Persons from Enforced Disappearance, as well as the rules of procedure of the Committee can be found at: http://www.ohchr.org/EN/HRBodies/CED/Pages/CEDIndex.asp.

Author(s) of a request for urgent action are recommended to:

Use the model form enclosed in the following pages.

Type the request or use capital letters if submitting a hand written request.

Provide names in full of institutions (security forces, governmental bodies or others). Do not use abbreviated forms.

Describe facts in a clear and concise fashion, providing only relevant details.

Limit the length of the request for urgent action to 5 pages (not counting annexes).

Communications can be submitted in all United Nations official languages (Arabic, Chinese, English, French, Russian and Spanish). Annexes can be submitted in any language, preferably with a short summary or indication of the content in one of the United Nations languages.

Send your request for urgent action to:

Committee on Enforced DisappearancesHuman Rights Treaties DivisionOffice of the United Nations High Commissioner for Human Rights (OHCHR)United Nations Office at Geneva1211 Geneva 10, SwitzerlandFax: +41 22 917 90 08E-Mail: ced@ohchr.org

B.Model form for requests for urgent action

The present form provides guidance for those who wish to submit the request for an urgent action to the Committee on Enforced Disappearances under Article 30 of the International Convention for the Protection of All Persons from Enforced Disappearance. Please provide relevant and pertinent information in response to the items listed below. Your request for urgent action should not exceed 5 pages (without Annex).

Please note that all required information concerning the disappeared person, without which the request for urgent action cannot be processed, are in bold and must be completed.

Please note that you must have the authorization from the relatives of the disappeared person, their legal representatives, their counsel or any other person having a legitimate interest, to submit this request to the Committee on Enforced Disappearances.

All other information is not compulsory but its submission could greatly enhance the possibility to locate the victim.

1.Information on the State party concerned

Name of the State alleged to have committed the enforced disappearances. The State must be a party to the International Convention for the Protection of All Persons from Enforced Disappearances

2.Information concerning the disappeared person

Family Name (s)

First Name (s)

Pseudonyms or other forms besides given name, by which he or she may be known

Sex

Date of birth or approximate age

Was the person a minor (below 18 years old) at the time of the disappearance?

Place and country of birth

Father’s name

Mother’s name

Nationality(ies)

Address of usual residence

Identity document: Type

Number

Marital status/Children:

Pregnant:YesNo

If the victim is pregnant, please specify the number of months of pregnancy at the time of disappearance

If relevant, ethnic background, belonging to an indigenous people or a minority, religious affiliation, membership in political or social group

3.Information concerning facts

Please detail the facts and circumstances of the disappearance, including the following information:

(a)Date of arrest, abduction or disappearance

(b)Place of arrest, abduction or where the disappearance occurred (be as precise as possible. Indicate street, city, province or any other relevant information)

(c)Date when the person was last seen, if different from date of arrest or abduction and by whom (for example if seen in prison months after the initial arrest or abduction)

(d)Place where the person was last seen, if different from the place of arrest or abduction and by whom

(e)Identity of the State or State-supported forces, entity, or group believed to be responsible for the disappearance

(i)If the perpetrators are believed to be State agents, please specify and indicate who and why they are believed to be responsible. Be as precise as possible (military, police, persons in uniform or civilian clothes, agents of security services, unit to which they belong, rank and functions, identifications presented, etc.)

(ii)If identification as State agents is not possible, specify and indicate which group or entity is believed to be responsible. Please indicate if its members acted with the authorization, support or acquiescence of the State. Explain why you believe that Governmental authorities, or persons linked to them, may be responsible for the incident

(f)Please provide a description of how the disappearance took place:

(g)Additional information on the case. Please indicate any other relevant information that could be useful and persons that might have information about the disappearance

4.Information concerning the presentation of the request to the competent bodies of the State party concerned

Describe the action taken to locate the person, including to which authority or competent body was addressed:

Date:

Place:

Who initiated the action:

Outcome/result (if any):

If possible, enclose copies of all relevant documentation, for example administrative decisions, First Information Reports released by the authorities, etc.

5.Information on application to other international procedures

Please provide information whether you have submitted the same matter for examination under another procedure of international investigation or settlement.

If so, please detail:

Which procedure(s) have been pursued:

When you submitted your complaint:

The outcome (if any):

6.Request for interim measure (Optional)

Please indicate expressly if you wish the Committee to request interim measures from the State concerned. The Committee may request the State to provide interim measures in order to prevent irreparable damage to the victim of enforced disappearance

7.Information about the author of the request

Person submitting the communication

Family name:

First name:

Relationship with the disappeared person:

Contact details (address, telephone, fax, e-mail):

Organization submitting the communication (if applicable)

Contact details (address, telephone, fax, e-mail):

8.Confidentiality request

Please state whether you would like your identity to be kept confidential and for which reasons .

Yes, keep my identity confidential:

No request for confidentiality

Date:

Place:

Signature of author:

You are reminded that this information is confidential and in no case will be used at the detriment of the author. Should you be the subject of any reprisal, threat, intimidation or any other form or harassment following the submission of the present communication, please inform promptly the Committee on Enforced Disappearances.

Annex VI

Guidelines and form for submitting communications under article 31 of the Convention

A.Guidance for submission of communications to the Committee on Enforced Disappearances

Article 31 of the International Convention for the Protection of All Persons from Enforced Disappearance mandates the Committee on Enforced Disappearances to receive and consider communications (complaints) from, or on behalf of, individuals who claim to be victims of violations of the rights protected by the Convention. The complaints can be received from the date in which the State Party has recognized the competence of the Committee to do so. A list of the States Parties to the Convention and the dates in which they recognized the competence of the Committee can be found at the following link: http://treaties.un.org.

To be considered by the Committee, a communication:

1.Shall be in writing;

2.Shall not be anonymous;

3.Must refer to a State which is a party to International Convention for the Protection of All Persons from Enforced Disappearance and has made the declaration in accordance with Article 31 of the Convention;

4.Must be submitted by, or on behalf of, individuals claiming to be a victim of a violation of rights guaranteed by the Convention by a State which is a party to it and has made the declaration in accordance with Article 31. In cases where a communication is submitted on behalf of individuals, their consent is necessary unless the person submitting the communication can justify acting on their behalf without such consent;

5.If referring to an enforced disappearance, must relate to a disappearance which has commenced after the entry into force of the Convention for the State concerned.

A communication will not normally be considered by the Committee:

1.When all effective available domestic remedies have not been exhausted;

2.Where the same matter is being examined by another procedure of international investigation or settlement of the same nature;

In order for a communication to be considered the author(s) of the communication must agree to disclose the victim’s or victims’ identity to the State against which the violation is alleged. The communication will be brought confidentially to the attention of the State party concerned. Final decisions adopted by the Committee are made public, however, you may request the Committee not to disclose your identity in the final decision concerning your communication.

In your communication or at any time after the submission of it and before a determination on the merits has been reached by the Committee, you may submit a request for interim measures in order to avoid possible irreparable damage to the victim of the alleged violation.

If you wish to submit a communication, please follow the guidance below as closely as possible. Also, please submit any relevant information which becomes available after you have submitted this form.

Further information on the International Convention for the Protection of All Persons from Enforced Disappearance, as well as the rules of procedure of the Committee can be found at: http://www.ohchr.org/EN/HRBodies/CED/Pages/CEDIndex.asp.

Author(s) of a communication are recommended to:

Use the model form enclosed in the following pages.

Type the communication or use capital letter if submitting a hand written communication.

Provide names in full of institutions (security forces, governmental bodies or others). Do not use abbreviated forms.

Describe facts in a clear and concise fashion, providing only relevant details.

Limit the length of the communication to 50 pages (not counting annexes).

Communications can be submitted in all United Nations official languages (Arabic, Chinese, English, French, Russian and Spanish). Annexes can be submitted in any language, preferably with a short summary or indication of the content in one of the United Nations languages.

Send your communication to:

Petitions and Inquiries SectionOffice of the United Nations High Commissioner for Human Rights (OHCHR)United Nations Office at Geneva1211 Geneva 10, SwitzerlandFax: +41 22 917 90 22E-Mail: petitions@ohchr.org

B.Model form for submission of communications

The following model form provides guidance for those who wish to submit a communication for consideration by the Committee on Enforced Disappearance under Article 31 of the International Convention for the Protection of All Persons from Enforced Disappearance. Please provide relevant and pertinent information in response to the items listed below. Your communication should not exceed 50 pages (without annexes).

1.Information on the State party concerned

Name of the State party (country) alleged to have committed the violation

Which is a party to International Convention for the Protection of All Persons from Enforced Disappearance and

Has made the declaration in accordance with Article 31 of the Convention

2.Information concerning the author(s) of the communication

Family name•First name

Address of usual residence

Mailing address for confidential correspondence (if other than present address)

Telephone/e-mail (if available)/

If you are acting with the knowledge and consent of that person, please provide that person’s authorization for you to bring this complaint; or

If you are not so authorized, please explain the nature of your relationship with that person: and detail why you consider it appropriate to bring this complaint on his or her behalf:

If you wish your identity not to be disclosed in the Committee’s final decision concerning your communication, please indicate it:

3.Information concerning the alleged victim(s)

If there is a group of individuals alleged to be victims, provide basic information about each individual.

Family name•First name

Sex:

Date of birth:

Place and country of birth:

Nationality (Nationalities)/citizenship:

Address of usual residence:

If you wish the victim’s identity not to be disclosed in the Committee’s final decision concerning your communication, please indicate it:

If your communication refers to enforced disappearance of a person(s), also provide the following information about the victim(s), if available (optional):

Other names, by which he or she may be known (if applicable/available)

Profession/Occupation/Other relevant activity

Father’s name

Mother’s name

If relevant, ethnic background, belonging to an indigenous people or a minority, religious affiliation, membership in political or social group

Identity document (passport, national identity card, voter’s card or any other relevant national identity card)

Was the person below 18 years old at the moment of the disappearance?

YesNo

Marital Status/Children/

PregnantYesNo. If yes, please specify if possible the number of months at the time of disappearance

4.Facts of the communication and articles violated

Please detail, in chronological order, the facts and circumstances of the alleged violations. Include all matters which may be relevant to the assessment and consideration of your particular case.

If possible, identify the articles of the Convention alleged to have been violated.

Explain how you consider that the facts and circumstances described violated rights of the Convention. If the communication refers to more than one provision, describe each issue separately.

Important: Please note that it is highly recommendable to enclose copies of relevant documentation pertinent to your claims. DO NOT SEND ORIGINALS.

If your communication refers to enforced disappearance of a person(s), include the following information as part of the facts (if possible):

(a)Date of arrest, abduction or disappearance;

(b)Place of arrest, abduction or where the disappearance occurred (be as precise as possible. Indicate street, city, province or any other relevant information);

(c)Date when the person was last seen, if different from date of arrest or abduction (for example: if seen in a prison months after the initial arrest or abduction);

(d)Place where the person was last seen (if different from place of arrest or abduction. For example: if seen in a prison months after the initial arrest or abduction. Please, be as precise as possible. Indicate street, city, province or any other relevant information);

(e)If possible, please, provide a full description of how the disappearance took place;

(f)Identity, if possible, State or State-supported forces, entity, or group believed to be responsible for the disappearance:

(i)If the perpetrators are believed to be State agents, please specify and indicate who and why they are believed to be responsible. Be as precise as possible -military, police, persons in uniform or civilian clothes, agents of security services, unit to which they belong, rank and functions, identifications presented, etc.;

(ii)If identification as State agents is not possible, specify and indicate which group or entity is believed to be responsible. Please indicate if its members acted with the authorization, support or acquiescence of the State. Explain why you believe that Governmental authorities, or persons linked to them, may be responsible for the incident;

(g)Additional Information on the case. Please indicate any other relevant information that could be useful.

5.Exhaustion of effective available domestic remedies

Describe the action taken by or on behalf of the alleged victim(s) to obtain redress within the State concerned for the alleged violations. For example, administrative and/or legal proceedings, including:

Type(s) of remedy sought

Date(s)

Place(s)

Who initiated the action

Which authority or body was addressed

Name of court hearing the case (if any)

Outcome/result (if any)

Domestic remedies need not be exhausted if their application would be unduly prolonged, if they would not be effective, if they are not available to you. If you have not exhausted domestic remedies for these reasons, or for any other, please explain them in detail.

Important: Enclose copies of all relevant documentation (e.g. administrative or court decisions). DO NOT SEND ORIGINALS.

6.Application to other international procedures

Have you submitted the same matter for examination under another procedure of international investigation or settlement (e.g. the Human Rights Committee, the Committee against Torture, or other Committees which monitor the implementation of core international human rights treaties; or regional mechanisms such as the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights the European Court of Human Rights, the African Commission on Human and People’s Rights or the African Court on Human and People’s Rights)?

If so, please detail:

Which procedure(s) have been, or are being, pursued

Which claims you have made

When you submitted your complaint

Which was the outcome (if any)

Important: Enclose copies of relevant documentation (e.g. your submission, the final outcome). DO NOT SEND ORIGINALS.

7. Request for interim measures (optional)

You must indicate expressly if you wish the Committee to request interim measures from the State concerned to prevent irreparable damage to the victim of the alleged violation. In that case:

Describe the victim’s personal risk

Identify the possible irreparable damage

If possible, indicate the measure(s) that could be taken by the State concerned in order to avoid possible irreparable damage

8.Date and signature

Date/place:

Signature of author(s) and/or victim(s):

9.List of documents attached (do not send originals, only copies)

Author(s) of a communication are required to make sure, before sending the communication form, that all the above mentioned required elements are included. This will allow for a smoother consideration of the case.

Annex VII

Joint Statement by the Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances

Geneva, 11 November 2011

The United Nations Committee on Enforced Disappearances and the United Nations Working Group on Enforced or Involuntary Disappearances met for the first time on Wednesday 8 November 2011.

The newly created Committee and the Working Group, which was established in 1980, met to establish methodologies for coordination and for an exchange of experiences and views.

The meeting was attended by the 5 members of the Working Group and the 10 of the Committee from all geographical regions of the world. This allowed a review of the global situation of enforced disappearances.

The new Committee, set up to enforce the International Convention for the Protection of All Persons from Enforced Disappearance, took note of the experiences of the Working Group. The Working Group and the Committee decided to convene joint meetings in the future.

Annex VIII

List of documents before the Committee at its first and second sessions

CED/C/1/1	Provisional agenda and programme of work for the first session of the Committee
CED/C/1/R.1/Rev.1	Provisional rules of procedure of the Committee
CED/C/2/1	Provisional agenda and programme of work for the second session of the Committee
CED/C/2	Reporting guidelines
A/67/55	Report of the Committee on Enforced Disappearances to the sixty-seventh session of the General Assembly
CED/C/3/1	Provisional agenda and programme of work for the third session of the Committee

Annex IX

Schedule for submission of reports by States parties under article 29 of the Convention

State party	Ratification/Accession	Report due	Declaration under articles 31 and 32
Albania	8 November 2007	2012	31 and 32
Argentina	14 December 2007	2012	31 and 32
Armenia	24 January 2011	2013
Belgium	2 June 2011	2013	31 and 32
Bolivia	17 December 2008	2012
Brazil	29 November 2010	2012
Burkina Faso	3 December 2009	2012
Chile	8 December 2009	2012	31 and 32
Costa Rica	16 February 2012	2014
Cuba	2 February 2009	2012
Ecuador	20 October 2009	2012	31 and 32
France	23 September 2008	2012	31 and 32
Gabon	19 January 2011	2013
Germany	24 September 2009	2012
Honduras	1 April 2008	2012
Iraq	23 November 2010	2012
Japan	23 July 2009	2012	32
Kazakhstan	27 February 2009	2012
Mali	1 July 2009	2012	31 and 32
Mexico	18 March 2008	2012
Montenegro	20 September 2011	2013	31 and 32
Netherlands	23 March 2011	2013	31 and 32
Nigeria	27 July 2009	2012
Panama	24 June 2011	2013
Paraguay	3 August 2010	2012
Senegal	11 December 2008	2012
Serbia	18 May 2011	2013	31 and 32
Spain	24 September 2009	2012	31 and 32
Tunisia	29 June 2011	2013
Uruguay	4 March 2009	2012	31 and 32