Annex II

Agendas of the Committee’s third and fourth sessions

A.Agenda of the third session of the Committee on Enforced Disappearances (29 October–9 November 2012)(CED/C/3/1)

1.Opening of the session, in accordance with article 26, paragraph 7, of the International Convention for the Protection of All Persons from Enforced Disappearance.

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

3.The Committee will consider and adopt the agenda for its third session.

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

5Matters 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 and extradition under article 16 of the Convention.

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

9.Meeting with Member States of the United Nations.

10.Yearly meeting with the Working Group on Enforced or Involuntary Disappearances.

11.Meeting with the members of the Human Rights Committee (HRC) in accordance with article 28 of the Convention.

12.Meeting with United Nations agencies and mechanisms, intergovernmental organizations and national human rights institutions.

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

14.Programme of work of the fourth session.

15.Treaty body strengthening update.

16.Discussion on the presentation of the annual report of the Committee to the General Assembly at its sixty-seventh session.

B.Agenda of the fourth session of the Committee on Enforced Disappearances (8–19 April 2013) (CED/C/4/1)

1.Opening of the fourth session.

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

3.Adoption of the agenda.

4.Communications, requests for urgent actions and information received by the Committee.

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

(a)Methods of work related to articles 32, 33 and 34 of the Convention;

(b)Interaction with relevant stakeholders;

(c)Ratification strategy and other matters.

6.Consideration of reports of States parties to the Convention.

7.Thematic discussion on the principle of non-refoulement, expulsion and extradition under article 16 of the Convention (continued).

8.Meeting with Member States of the United Nations.

9.Meeting with United Nations agencies and mechanisms, and intergovernmental organizations.

10.Meeting with national human rights institutions.

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

12.Report of the Committee to the General Assembly at its sixty-eighth session.

13.Provisional agenda for the fifth session.

14.Treaty body strengthening update.

Annex III

Membership of the Committee on Enforced Disappearances and terms of office as at 19 April 2013

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
Mr. 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 third and fourth sessions

A.Decisions adopted by the Committee during its third session

1.The inclusion, as an annex to its rules of procedures, of the guidelines on the independence and impartiality of members of the human rights treaty bodies, endorsed by the chairpersons of the United Nations treaty bodies.

2.To amend the form to submit urgent actions, according to article 30, to stress that an urgent action that has been already been submitted to the Working Group on Enforced or Involuntary Disappearances cannot normally be admitted by the Committee and not to set a time limit within which urgent actions should be submitted.

3.The adoption of a statement on treaty body strengthening.

4.The adoption of a methodology relating to reporting procedures and relationship with NGOs.

5.The joint statement with the Working Group.

6.The provisional agenda for the fourth session.

7.The dates of the fourth session of the Committee, which will be held from 8 to 19 April 2013 and of the fifth session, which will be held from 4 to 15 November 2013.

8.The adoption of its third session informal report.

B.Decisions adopted by the Committee during its fourth session

1.A draft document regarding “The relationship of the Committee on Enforced Disappearances with civil society actors”, which will be posted on the Committee’s website for comments by all stakeholders, with a view to adopting it at the fifth session.

2.The dissemination of its working methods through its webpage.

3.The appointment of a rapporteur to prepare, with the support of the Secretariat, a first draft of a document on the relationship of the Committee with National Human Rights Institutions.

4.The methodology to conduct constructive dialogues with States parties.

5.The organization of a thematic discussion on “enforced disappearances and military justice” at its fifth session.

6.The follow-up to five urgent actions received according to article 30 of the Convention.

7.The concluding observations on the reports submitted by Uruguay and France under article 29, paragraph 1, of the Convention.

8.The appointment of the country rapporteurs for the lists of issues of Argentina, Spain and Germany.

9.The consideration at its fifth session of the reports of Spain and Argentina submitted in compliance with article 29, paragraph 1, of the Convention.

10.The examination at its sixth session of the report of Germany submitted in compliance with article 29, paragraph 1, of the Convention.

11.The adoption of its annual report to the sixty-eighth session of the General Assembly.

12.The provisional agenda for the fifth session.

13.A formal reminder to be sent to States parties on their obligation to timely submit their reports under article 29, paragraph 1, of the Convention.

Annex V

Committee on Enforced Disappearances 3rd session,7 November 2012

Decision of the Committee on Enforced Disappearances on the Guidelines on the independence and impartiality of membersof the human rights treaty bodies (Addis Ababa guidelines)

The Committee on Enforced Disappearances,

Considering the relevant provisions of the International Convention for the Protection of All Persons from Enforced Disappearance, in particular article 26, as well as the rules of procedure (CED/C/1) adopted during its second session, in March 2012,

Recalling to States Parties their own responsibilities in the selection of candidates and election of experts,

Aware of the importance of the strengthening of the United Nations human rights treaty body system in ensuring the independence and impartiality of the treaty body members, in their activities and practices,

1.Welcomes the “guidelines on the independence and impartiality of members on the human rights treaty bodies” endorsed by the 24th Annual Meeting of Chairpersons of Human Rights Treaty Bodies, held in Addis Ababa from 25 to 29 June 2012,

2.Emphasizes that its recent rules of procedure (CED/C/1) already comply with the highest standards of independence and impartiality, notably rules 10, 11, 47 and 69, and

3.Decides to incorporate the Addis Ababa Guidelines as an annex to its rules of procedure.

Annex VI

Statement by the Committee on Enforced Disappearanceson the report of the United Nations High Commissioner for Human Rights on Strengthening the United Nations human rights treaty body system (June 2012)

7 November 2012

The Committee on Enforced Disappearances,

Recalling that since its first session, a year ago, it supported the treaty body strengthening process and endorsed the Dublin II Outcome Document during its second session, in March 2012, even though it did not participate in the process due to its recent establishment,

Aware of the importance of the strengthening of the United Nations human rights treaty body system as a whole, in order to reinforce its coherence and its efficiency,

Emphasizing the centrality and specificity of the International Convention for the Protection of All Persons from Enforced Disappearance, as a new and modern legal instrument, taking into account the experience of other human rights treaties,

1.Welcomes the report of the High Commissioner for Human Rights on “Strengthening the United Nations Human Rights Treaty Body System” (A/66/860) published in June 2012, and expresses appreciation for the efforts of the High Commissioner in this regard,

2.Notes that it benefited from being the latest treaty body to be established and that, for this reason, many of the proposals made by the High Commissioner’s report are already reflected in its rules of procedures (CED/C/1) and its guidelines on the form and content of reports (CED/C/2),

3.Stresses the need for adequate resourcing, especially for service conferences and translation of documents, in order to fulfil the mandate of the treaty bodies and to ensure full information and accessibility to victims,

4.Reaffirms that article 29, paragraph 1, of the Convention creates a strict legal obligation for the States parties to report within two years and that paragraph 4 offers to the Committee on Enforced Disappearances the competence to request “additional information” at any time, without periodic reports, in a very innovative way, to be duly preserved in the establishment of a comprehensive reporting calendar,

5.Recalls its willingness to evaluate the quality of reports submitted in accordance with harmonized guidelines, including the common core documents and treaty-specific documents, and considers that strict adherence to page limitations is important and in line with its reporting guidelines,

6.Welcomes the recommendation to streamline the constructive dialogue with States, in particular the proposal to establish country task forces, to introduce strict limitations on the number and length of interventions, and to adopt short, focused and action-oriented concluding observations, with a precise time frame and a follow-up procedure,

7.Welcomes the recommendation to further institutionalize its engagement with United Nations entities and civil society organizations as well as with National Human Rights Institutions. The Committee notes that such an engagement is already included in its rules of procedure and that since its very first session it has been dedicating time to meeting with different stakeholders to exchange views on different issues related to enforced disappearances,

8.Welcomes the proposal concerning an aligned consultation process for the elaboration of general comments and is willing to discuss it further,

9.Stresses that the consideration of individual communications is the responsibility of each treaty body, which cannot be shared or delegated, but that further consultations on the methodology, as conditions of admissibility or substantial issues, and on the follow-up of the views of the Committees could be useful,

10.Supports the recommendations made concerning reprisals, which it considers to be of great importance. The Committee has taken measures to deal with this issue, in accordance to article 12 as well as to articles 30 and 31 of the Convention and to its rules of procedure, in particular rules 63, 95 and 99, and expresses its willingness to work further and consider the different proposals for effective protection as it advances on its work,

11.Recalls its decision to incorporate the guidelines on the independence and impartiality of members of the human rights treaty bodies (Addis Ababa Guidelines) as an annex to its rules of procedure,

12.In relation to the intergovernmental process of the General Assembly on strengthening and enhancing the effective functioning of the human rights treaty body system, the Committee shares the view of other treaty bodies that such a process must comply with the legal framework of the respective treaties and respect their integrity, their competence to decide on their own rules of procedure and working methods, and guarantee their independence.

Annex VII

Second Annual meeting of the Committee on Enforced Disappearances and the Working Group on Enforcedor Involuntary Disappearances – Joint statement

Geneva, 8 November 2012

The second annual meeting of the Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances took place in Geneva on Thursday, 1 November 2012.

During the meeting, the members of the two United Nations expert bodies working on the issue of enforced disappearance exchanged information on their respective activities and discussed the coordination of common initiatives. The Working Group and the Committee reaffirmed their commitment to cooperate and coordinate in the discharge of their respective mandates. They agreed on the principle of sharing information on a permanent basis. They held discussions on the complementarity of their procedures, on the interpretation of international law in the field of enforced disappearances, as well as on country visits. In addition, they fixed the agenda for their next annual meeting.

The two organs recalled that “the Working Group and the Committee have different mandates and act in a complementary and mutually reinforcing way to prevent and combat the heinous crime of enforced disappearance.” “Coordination and coherence are essential to guarantee the effective protection of victims of enforced disappearances,” they emphasized. In this regard, they welcomed the recent opportunity given to the Chairpersons of the two bodies to jointly address the General Assembly during an interactive dialogue which allowed them to illustrate the synergies and common purposes of the Committee and the Working Group.

In the year marking the 20th anniversary of the adoption of the Declaration on the Protection of all Persons from Enforced Disappearance, the experts envisioned strategies to continue promoting and giving full effect to the Declaration as well as to the International Convention for the Protection of All Persons from Enforced Disappearance. Experts also agreed on the need to work collectively for achieving universal adherence to the Convention and recognition of the competence of the Committee under articles 31 and 32.

Annex VIII

List of documents before the Committee at its third and fourth sessions

CED/C/3/1 and Corr.1	Provisional agenda and annotations for the third session of the Committee
CED/C/4/1	Provisional agenda and annotations for the fourth session of the Committee
CED/C/URY/1	Report of Uruguay
CED/C/URY/Q/1	List of issues in relation to the report of Uruguay
CED/C/URY/Q/1/Add.1	Replies to the list of issues on the report of Uruguay
CED/C/URY/CO/1	Concluding observations on the report submitted by Uruguay
CED/C/FRA/1	Report of France
CED/C/FRA/Q/1	List of issues in relation to the report of France
CED/C/FRA/Q/1/Add.1	Replies to the list of issues on the report of France
CED/C/FRA/CO/1	Concluding observations on the report submitted by France
CED/C/1	Rules of procedure

Annex IX

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

State party	Ratification/Accession	Report due	Submission
Albania	8 November 2007	2012
Argentina	14 December 2007	2012	21 December 2012
Armenia	24 January 2011	2013
Austria	7 June 2012	2014
Belgium	2 June 2011	2013
Bolivia	17 December 2008	2012
Bosnia and Herzegovina	30 March 2012	2014
Brazil	29 November 2010	2012
Burkina Faso	3 December 2009	2012
Chile	8 December 2009	2012
Colombia	11 July 2012	2014
Costa Rica	16 February 2012	2014
Cuba	2 February 2009	2012
Ecuador	20 October 2009	2012
France	23 September 2008	2012	21 December 2012
Gabon	19 January 2011	2013
Germany	24 September 2009	2012	25 March 2013
Honduras	1 April 2008	2012
Iraq	23 November 2010	2012
Japan	23 July 2009	2012
Kazakhstan	27 February 2009	2012
Mali	1 July 2009	2012
Mauritania	3 October 2012	2014
Mexico	18 March 2008	2012
Montenegro	20 September 2011	2013
Netherlands	23 March 2011	2013
Nigeria	27 July 2009	2012
Panama	24 June 2011	2013
Paraguay	3 August 2010	2012
Peru	26 September 2012	2014
Samoa	27 November 2012	2014
Senegal	11 December 2008	2012
Serbia	18 May 2011	2013
Spain	24 September 2009	2012	26 December 2012
Tunisia	29 June 2011	2013
Uruguay	4 March 2009	2012	4 September 2012
Zambia	4 April 2011	2013