The Missing - brochure

8/14/2019 The Missing - brochure

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THE MISSINGAction to resolve the problem of people unaccounted foras a result of armed conflict or internal violence

and to assist their families


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International Committee of the Red Cross

Central Tracing Agency and Protection Division

19 Avenue de la Paix

1202 Geneva, Switzerland

T + 41 22 734 60 01 F + 41 22 733 20 57

E-mail: [email protected] www.icrc.org

January 2003

Mission statement

The aim is to height en awareness among governments, the mili tary, international andnational organizations including the worldwide Red Cross and Red Crescent network and the general public about the tragedy of people unaccounted for as a result of armedconflict or int ernal violence and about the anguish of their families

by creating and making available tools for action and communication

in order to ensure accountability on the part of the authorities responsible for resolvingthe problem of missing people, to better assist the families and to prevent furtherdisappearances.


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Uncertaint y about the fate of their loved ones is a harshreality f or count less famil ies in situati ons of armedconflict or internal violence. All around the world,

parent s, sibl ings, spouses and children are desperatelytr ying t o f ind lost relatives. Families and communit ies,not knowing whether their members are alive or dead,

are unable to gain closure on t he violent events thatdisrupt ed their l ives. Their anxiety remains wi th them foryears aft er t he f ight ing has subsided and peace retu rned.They are unable to move on to personal or communit y

rehabilitation and reconciliation. Future generationscarry wi th them the resentment caused by thehumil iation and injusti ce suff ered by their relat ives and

neighbours. Such festering w ounds can rot the f abric ofsociety and undermine relat ions between groups andnations even decades after the actual events.

The absence of polit ical w ill among t hose directlyconcerned and the lack of cooperation on t he part of

those who might persuade them to act often make theprevention and clarification of disappearances related t oarmed conflicts or int ernal violence an extremely

arduous task. Data are withheld as a weapon againstenemies or opponent s. Leaders whose power is based onhate for another community obstruct any attempt t o

resolve the issue of missing persons in order toperpetuat e their power. And i n many instances inpart icular w hen d isappearances result f rom massacres ordeliberate attacks against civilians the relevant

author it ies and leaders may be unable and/or unwi llingto provide answers, because they took no measures tostop t he att acks and because they fear they wil l be held

accountable for what happened.

The relevant government authorities and leaders musttherefore take action, backed by national and internationalhumanitarian and human right s organizations, to prevent

persons from going missing and t o deal wit h theconsequences when they occur. They can choose from abroad spectrum of measures involving persuasion, pressure

or judicial actions. Whenever possible, constructivedialogue must be fostered between all part ies, includingthe families of missing persons and their communities.This is the only means of reducing the number of missing

persons and of identi fying appropriate measures to betaken in their favour and that of their relatives.

The primary need inevitably cited by the families of missingpersons is the right to know the fate of their relatives.

Furthermore, experience shows that the missing personwas often the breadwinner and bore responsibility foradministering the familys affairs in t he public realm.

Hence, whi le every effort must be made to establish t hefate of people who are unaccounted for, their relativesmust at t he same time be provided wit h the means of

living w ithout shame.

Last but not least, it is essential for families and

communi ties that t he perpetrators be held account ablefor their acts.

At the very least, w hen all else fails and it proves

impossible to account for those who have disappearedduring an armed conflict or a situation of internal violence,for t he sake of the families and communit ies the loss of

human lives must be acknow ledged and their next-of -kinallowed to honour the memory of the missing in adignified manner.

In cooperation w ith government representatives,

component s of the Internat ional Red Cross and RedCrescent M ovement, international and nat ionalorganizations, experts and representatives of families of

missing persons, the International Committee of the RedCross (ICRC) has launched a process aimed at addressingthe t ragedy of people who are unaccounted for as a

result of armed confl ict or internal violence.

In accordance wit h the mandate conferred on it by the

Geneva Conventions and their Additional Protocols, andwith its right of initiative in all theatres of operations, theICRCs objectives include ensuring that people are

prot ected against threats to their lives, physical integri tyand dignity, preventing disappearances, restoring familyties, and ascertaining the f ate of people whose families

are without news of them. In most places, however, theICRC is prevented from fulfilling these objectives by thefeeble political will of the authorities or partiesconcerned. Other governmental and non-governmental

organizations working to prevent disappearances,promote international humanitarian law and humanrights law and t race missing people f ace simi lar obstacles.

Accordingly, the ICRCs objectives in launching this process

in cooperation with all those involved in dealing with theissue are to:

(a) review all methods of preventing disappearances inarmed conflicts or situations of internal violence andof responding to the needs of families that have lost

contact w ith t heir loved ones;

(b) agree on common and complementary

recommendations and operational practices with allthose working to prevent disappearances and torespond appropriately when people are unaccounted

for as a result of an armed confl ict or situation ofinternal violence;

(c) heighten concern about the issue among governmentauthori ties, the Unit ed Nations and non-governmentalorganizations.

The right to know the fate of a relative is a fundamentalconcern of international humanitarian law and humanrights law and it must be respected.

nziger/ICRC


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All too often in situations of armed conflict orinternal violence:

the deaths of soldiers are not recorded,

extrajudicial or even mass kil lings take place,

children lose contact wit h t heir parents,

the rights of persons deprived of t heir libert y are notrespected,

the remains of those who have been killed are nothandled respectfully,

and people f leeing have no means of contacting t heirnext-of-kin.

For the families, these are missing people.

Who are the missing?Missing people are those who are unaccounted for as a resultof armed conf licts or situations of internal violence.

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Disappearances are a problem worldwide and plague manycount ries and popu lations. Families are left in doubt abouttheir relatives whereabouts and fate. This can occur in anyof the situations described below.

Families often do not know the whereabouts of relatives

who are members of the armed forces or armed groupsbecause they are not given the means to stay in touch wit hthem.

Members of armed forces or armed groups may bereport ed missing in act ion because they have not beenequipped wit h t he means required to identif y them, suchas ident it y discs.

People may be killed when captured, arrested or abducted.Those deprived of their liberty may die in custody,disappear or be held incommunicado or in a secretlocation. In many cases, the families either do not knowwhere they are or are not permitt ed to visit or even tocorrespond wi th them. Data on persons deprived of their

liberty such as date and place of arrest, t ransfer, death orburial are frequent ly not recorded or t he recordswithheld or destroyed.

Mass killings unfortunately are still the cause of numerous

people becoming unaccounted for. When this happens,the bodies of the victims are left unatt ended, buried inhaste or even destroyed.

Displaced persons and ref ugees, isolated populations andpeople living under occupation may not be able to sendnews to their next-of-kin. This can lead to the long-termseparation of families.

It is not unusual to find children on their own, havingbeen separated f rom t heir families whi le fleeing thefight ing or internal disturbances, or because they wereforcibly recruited, incarcerated or even hastily adopted.

Last but not least, evidence confirming death is not always

preserved and handled appropriately dur ing exhumationsand post mortem procedures.

M

.Kleiner/ICRC

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M.

Grobet/ICRC


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Acting as a neutral and impartial int ermediary and purely on humanitarian grounds, the ICRC seeks regularly t o meet all personsdeprived of their liberty owing t o a situation of armed conf lict or internal violence. ICRC visits are subject to condit ions aimed atpreventing disappearances and at i nforming families when a relative is detained namely, that it be allowed:

to register any person deprived of his/her liberty;

to speak with that person in private;

to have access to all places at which persons deprived of t heir libert y are held and visit all p remises;

to repeat it s visit s to any such person i t chooses as of ten as it wishes;

to ensure that persons in detention and their relatives can exchange news if needed.

People detained in situations of armed conf lict or internalviolence are rout inely held incommunicado; worse yet,they are treated cruelly, die in detention or are summarilyexecuted. Often, neither the ICRC nor any other impartialhumanitarian organization is permit ted t o visit all personsdeprived of their liberty, and information on theirwhereabouts is withheld. Thus, the next-of-kin can be leftwit h no information about t he fate of their relative.

Preventing people from becomingunaccounted for: respect and protectionfor persons deprived of their liberty

International law standards which include both treaty andnon-treaty provisions:

1. capture, arrest, detention or imprisonment must becarried out in str ict accordance wit h int ernationallyrecognized standards and procedures established by law;

2. it is prohibited to detain persons incommunicado or insecret locations;

3. the next-of-kin must be informed about t he detentionof their relative without delay;

4. in international armed conflicts, the ICRC must begranted access to all persons deprived of their libertyfor reasons related to t he armed conf lict.

PROTECT PERSONS DEPRIVED OF THEIR LIBERTY

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D.

Sansoni/ICRC


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In armed conflicts and situations of internal violence, when the usual means of communication are disrupted,the ICRC establishes and coordinates a Red Cross/Red Crescent family news network which provides all thoseaffected by t he events wit h a way to resume and maintain contact wit h their relatives.

The netw ork facilitates the exchange of personal news between f amily members, everywhere in the wor ld, usually throughRed Cross/Red Crescent messages. These are unsealed letters that the authorities can read. When appropriate technology isavailable and securit y considerat ions allow, family messages may also be t ransmit ted by e-mail through the ICRC Family Linkswebsite from the sender to an ICRC or Red Cross/Red Crescent office, where the contents will be checked and the messagedelivered t o t he addressee. In ot her cases, satell it e/mobile phones are made available to peop le needing t o reassure t heirnext-of-kin. Wit h the consent of those concerned, lists of t he names of people either providing news or looking for news fromrelatives may also be publ ished both on paper (newspaper or ad hoc print ) and on the ICRC website, and broadcast on radio or TV.

The direct beneficiaries vary depending on the situation. They can be:

persons deprived of their libert y, whether civilians or members of armed forces/armed groups;

the civilian population, in part icular refugees and internally displaced persons and persons living in besieged or occupied territories.

In areas of armed conflict or internal violence, much of the family news service is run by the ICRC itself, which relies on thesupport of the extensive network of National Red Cross/Red Crescent Societies and their numerous off ices and volunt eers presentin virt ually every corner of the world.

However, the networks efficiency may be hindered bydifficulties in reaching the persons and groups concerned for logisti cal reasons or due to securi ty risks. In somesituations, the authorit ies do not allow the exchange offamily news. In others, the population concerned has tomove constant ly out of danger zones and becomes sounstable that it is impossible to re-establish family links.Thus, thousands of families may be left wit hout news oftheir relatives.

Preventing people from becomingunaccounted for: making sure people canexchange family news


all persons have the right to correspond with members oftheir famil ies.

ANXIOUS FOR NEWS

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B.

Heger/ICRC


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3 Armenia/Azerbaijan/Nagorny Karabakh: 1992-1994Thousands of families do not know the f ate of theirmissing relatives.

4 Bosnia and Herzegovina/Croatia/former YugoslavRepublic of Macedonia/Yugoslavia: 1992-2000Several tens of thousands of families do not know thefate of their missing relatives.

5 Colombia: since 1992Thousands of f amilies do not know t he fate of t heirmissing relat ives.

6 Democratic Republic of t he Congo: since 1960Hundreds of thousands of families do not know the f ateof their missing relati ves.

7 East Timor: 1975-1999Thousands of families do not know the f ate of t heirmissing relatives.

8 Eritrea/Ethiopia: 1998-2000Tens of thousands of families do not know the f ateof their missing relati ves.

9 Gulf War: 1990-1991Hundreds of f amilies do not know the fate of t heirmissing relatives.

Iran (Islamic Republic of)/Iraq: 1980-1988Tens of thousands of families do not know the f ateof their missing relati ves.

The missing and their familiesExamples of persons unaccounted for as a resultof recent armed conflicts (according to available sources)

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1 Afghanistan: since 1979One hundred Russian soldiers are unaccounted for.Thousands of families of Afghani and ot her nationalitiesdo not know the f ate of t heir missing relatives.

2 Angola: since 1975Tens of thousands of families are separated and do notknow the f ate of their missing relati ves.

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11 M exico: 1960 - 1980Dozens of f amilies do not know the fate of t heirmissing relatives.

12 Peru: 1980-2000More than 6,000 families do not know the f ate of t heirmissing relatives.

13 Russian Federat ion /Chechnya: since 1994Thousands of families do not know the f ate of theirmissing relatives.

14 Rwanda: since 1991Hundreds of thousands of people were killed. Theirsurviving relatives were never officially informed abouttheir death.

15 Sri Lanka: since 1983Thousands of families do not know the f ate of theirmissing relatives.

16 Western Sahara: 1975-1991Hundreds of f amilies do not know the fate of t heirmissing relatives.


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Preventing people from becomingunaccounted for: respect for the deadand their families


1. each party to an armed conflict must take all possiblemeasures, without delay, to search for and collect the

dead w ithout distinction;

2. each party t o an armed conf lict must treat the deadwit h respect and dignit y and prevent t heir remainsfrom being pil laged or despoiled;

3. each party to an armed conflict must take measuresto identi fy t he dead before disposing of their remains;

4. in armed conflicts, the dead must be disposed ofin a respectful manner and their graves respected;

5. in armed conf licts, persons whose remains cannotbe handed over to t heir family should be ind ividuallyburied; collective graves must be the exception; all

graves must be marked;

6. each party to an armed conflict must take all possiblemeasures to provide information to the appropriateauthorities or to the family on the identity, locationand cause of death of deceased persons;

7. each party to an international armed conflict mustendeavour to facilitate the return o f remains andof personal effects to the home country of the deceasedat the request of the authorities or the next-of-kin.

RESPECT THE DEAD

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Unfortunately, in situations of internal violence and in most recent armed conflicts, armed forces/armed groups and the civilianauthor it ies or leaders have shown lit tle concern or respect for the dead and their f amilies. Lit tle or nothing is done t o search f or,collect and deal wit h t he remains of those killed in action or in ot her circumstances. Human remains are oft en buried w ithoutbeing identified; their graves are not even marked. This is particularly true for people killed in circumstances which constituteviolations of domestic and/or int ernational law. Thus, valuable information on the dead is lost or unavailable, and t he famili esremain without confirmation that their relatives have died.

Deaths in contexts of armed conf lict or internal violence of ten require investigation. Such investigations frequent ly involveexhumation by forensic specialists because the bodies have been buried. Exhumation and post mortem examination can provideevidence of crimes and do not always include documentat ion of details relating to the victims identit ies. This can lead to theunfortunate situation whereby the remains are exhumed, the circumstances and causes of death documented and the bodiesagain disposed of , wi thout any desperately-needed in formation being passed on to the f amilies.

All too often, families are not informed when a relative dies

as a result of an armed conf lict or situation of internalviolence. In such contexts, the ICRC seeks to obtain dataon the dead in order to inform the families.

In addition, as a neutral int ermediary and wit h t he agreementof the authorities and parties concerned, the ICRC:

may help evacuate human remains from an area in whichfight ing or int ernal disturbances have taken place to ahospital or mortuary, where the famil ies can ident ify andrecover them;

may repatriate or t ransfer human remains across bordersor frontlines to return them to their families, directly or viathe appropriate authorities;

may be involved in the provisional inhumation of remainspending their return to the families; in such circumstances,all inf ormation on t he dead (such as the place and dateof their discovery, photographs, any identity papers orpersonal effects found on them) should be collected andproperly managed for later identification;

may take part in the process of identif ying human

remains, fo r example by collecting ant e mortemdata or by presenting belongings found on t heremains to the families;

may hire forensic specialists to ident ify human remains.

Recent experience has show n t hat the peacekeeping forcesand members of humanitarian organizations present insituations of armed conf lict or internal violence or dealingwith their aftermath are increasingly having to cope with thediscovery of bodies and burial sit es.

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A.

Grimm/ICRC


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Preventing people from becomingunaccounted for: identifying and accountingfor persons reported missing as a resultof an armed conflict or a situationof internal violence

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Human rights organizations and nat ional and int ernationalhumanitarian organizations, such as the ICRC, are widely

engaged in d isseminating and implementing in ternationalhumanitarian law and human rights law. They often have toact as substitutes for the authorities and leaders by recordingdata on, monitoring the living conditions of and providingassistance to people at risk, including by t racing missingrelatives and re-establishing family links.

Unfort unately, all too of ten members of armed forces/armedgroups carry no means of identification. The same applies topeople at particular risk. Government authorit ies and leadersof other parties to an armed conflict or situation of internalviolence rarely take the appropriate steps to provide familieswit h information on t he fate of relatives who are the victimsof the situation.

International law standards which include both treaty and

non-treaty provisions:

1. each party to an in ternat ional armed conf lict mustfurnish the persons under its jurisdiction liable tobecome prisoners of war w ith an ident ity card;

2. each party to an internat ional armed conflict mustrecord and provide, within the shortest possible period,information on the wounded, sick or shipwrecked,prisoners of war, other protected persons deprived oftheir liberty and the dead, without adverse distinction,to the concerned Power through the intermediary of theProtecting Power and the ICRC Central Tracing Agency.


1. in armed conflict, families have the right to know thefate of t heir relatives;

2. each part y to an armed conflict must take all feasiblemeasures to try and account for persons reportedmissing as a result of the armed conflict;

3. each party to an in ternat ional armed conf lict must

transmit all relevant information concerning personsreported missing by an adverse party in order tofacilitate searches; information concerning personsreported missing and requests for information on t hesepersons must be transmit ted di rectly or through theProtecting Power or the ICRC Central Tracing Agency orthe Nat ional Red Cross/Red Crescent Societ ies; where theinformation is not transmit ted through the ICRC CentralTracing Agency, the latter must be supplied with theinformation;

4. states have a dut y to investigat e suspected cases ofextra-legal, arbitrary and summary execut ion or ofenforced disappearance.

THE RIGHT TO KNOW

Ident if ication needs

The ICRC and the Red Cross/Red Crescent Societ iesaccept t racing requests from f amilies who have no news ofrelatives in situations of armed conflict or internal violence. Inorder t o provide as many leads as possible for locat ing theperson being sought or clarifying his/her fate, the tracing filemust include complete personal data, information on t hecircumstances under which the person went missing and anyrecords or account s which may help t o establish his/her fate.Whenever possible, ICRC and RC/RC staff will interviewpotential witnesses, check available records and publicly callfor additional information on missing persons. The documents

collected and the corroboration of data can be used torespond to the familys request.

Tracing requests to which no replies are found are submittedto the authorit ies and leaders in charge of providinginformation on t he fate of t he persons concerned.The ICRC often supports, and at times also chairs, specialmechanisms such as multilateral working groups orcommissions, involving all the part ies concerned, in orderto enhance the process by which information on missingpersons is exchanged and followed up.

Unfort unately, in most situations, the authorit ies do notmake the necessary enquiries and do not provide informationon missing people. Instead of being addressed as a

humanitarian problem requir ing urgent solut ions, the issueof missing persons becomes part of the struggle for controland power, a matt er for polit ical bargaining. M oreover, inthe cases of people who disappeared fo llow ing violat ionsof international humanitarian law, human rights law anddomestic law, the perpet rators may conceal inf ormationto avoid prosecut ion.

17Accounting for persons reported missingas a result of an armed conf lict or situationof internal violence

T.

Gassmann/ICRC


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Preventing people from becomingunaccounted for and ascertaining the fateof missing persons: proper managementof information

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INFORMATION IS ESSENTIAL

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In international armed conflicts, each party to the confl ict

must establish an Information Bureau:

to centralize, without adverse distinction, all informationon the wounded, sick, shipw recked, dead, prot ectedpersons deprived of their libert y and children whoseidentity is in doubt and provide this information to theappropriate authorities through t he intermediary ofthe Protecting Power and the ICRC Central TracingAgency;

to centralize all requests for information on the fateof civilians and sick, wounded or captured members ofarmed forces and respond accordingly to t he appropriateauthorit ies or to the family through the int ermediary ofthe Protecting Power and the ICRC Central Tracing Agency.

To prevent people f rom becoming unaccounted for andto clarif y the fate of missing people, information must becollected on events which may lead/have led t o disappearancesand on the victims of those events. The informat ion w ill beused both to inform f amilies and to take steps, in part icularwi th the authorit ies and leaders concerned, either t o preventpeople from becoming unaccounted for or to clarify the fateof missing people.

The ICRC therefore manages information on both the peopleit assists in the framework of its operations and on events whichhave led or may lead to disappearances. Thus, the ICRC:

registers and keeps track of persons deprived of their l ibertyand of vulnerable people, such as unaccompanied minors orwounded persons;

collects information on t he dead in hospitals, from displacedpersons, etc.;

records wi tness statements concerning persons affected byevents and on the events themselves;

receives and records requests from families inquiring into thewhereabouts of their relatives and ensures proper follow-up,either by conducting tracing activities or by makingrepresentat ions to t he authorities and leaders concerned;

records information collected by other organizationswhenever such information is appropriate and accurate andtakes any appropriate action to protect and assist the peoplewho are affected or at risk, whenever and wherever possible.

Although required to do so in international armedconflicts, government authorities often fail to provideinformation as required or to establish an InformationBureau. In other situations of violence, the governmentauthori ties and the leaders of the o ther parties involvedoft en fail to provide all the information requested on t hevictims of the situation, either to the families or to any thirdparty such as the ICRC Central Tracing Agency. Even whenan Information Bureau is established, the data are of ten notcentrally managed: branches of the civil and militaryadministration withhold information on the victims and onthe events that led to people becoming unaccount ed for.Valuable evidence may be destroyed, in some cases evenvoluntarily.

It also happens that data are available but are not collected;or t hat inf ormation is collected for purposes other thanto inform t he famili es and is consequently not available tothem. The data collected are not always stored in the longterm and may no longer be available when t he families tryto trace missing relatives. The rules governing the protectionof personal data are not systemat ically respected.

The information gathered in situat ions of armed confl ict andinternal violence is centrally stored and managed in databasesand in both individual and event files. It is therefore possible torecord the identity of the victims and their personal history (e.g.detention, displacement, death) and to document the actiontaken on t heir behalf and the results. The information t husmanaged may serve to corroborate information provided by thefamilies. It also constitutes the basis on which patterns or trendsare analysed in support of ICRC action, for example to press formeasures to be taken by the authorities and leaders in order toensure protection and assistance for specific groups or persons.

The information is managed in compliance with the legal rulesgoverning t he protection of personal data: no informat ion is

shared or published without the persons knowledge andconsent. When necessary and w ith t he consent of the personsconcerned, the ICRC wi ll make confidential representat ions tothe relevant authorities and leaders, based on its humanitarianmission and in accordance with the principles of neutrality,impartiality and independence. Confidential dialogue betweenthe ICRC and the authorities and leaders on matters pertainingto protection and assistance for specific persons and groups is acrucial component of the organizations endeavours to preventand alleviate suffering.

Lastly, the ICRC keeps records on all the people it registered andmonitored individually in each situation so as to issueatt estat ions or respond to t racing requests, which in some casesare made years or even decades aft er the end of a situation of

armed conflict or internal violence and to enable historianssubsequently to research situations of armed conflict or internalviolence (in strict accordance, of course, with the ICRC rules onaccess to it s archives).

R.

Bigler/ICRC


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While the families of missing persons undergo the same

experiences as the rest of the populat ion affected by asituation of armed conflict or internal violence, they may faceaddit ional problems associated wi th the disappearance of afamily member. The kinds of problems they encounter varywit h the context and the cultural environment.

The ICRC along wi th o ther humanitarian organizations aimsto address the needs of the most vulnerable persons or groups,init ially by providing desperately-needed f ood, water, shelterand health care. ICRC assistance programmes are designed toput the survivors in a bet ter posit ion t o provide for themselves,and focus on deprived persons and groups, such as womenheads of families. The relatives of missing people are often thebeneficiaries of humanitarian assistance since more often thannot the missing person was the family breadwinner.

ICRC health programmes aim to support existing healthfacilit ies and may include support for psychologicalprogrammes to help the families of missing persons copewi th the consequences of the traumatic experience theyhave suffered.

Whenever possible and necessary, the ICRC advises theauthorit ies on how to respond t o the legal needs of thefamilies of missing people.

Nevertheless, the families specific needs often gounrecognized.

Fear and mistrust among members of t he population canprevent them f rom openly discussing t heir situation.

Families risk poli t ical reprisals or ostracism by theircommunities and therefore do not apply for the supportthat may be available.

They may be isolated in society because of

their uncertain status (women whose husbandsare missing, for example, are neither wives norwidows), because of fear or frail psychologicalhealth, or because they live in remote areas and/orlack resources.

They may find i t dif ficult t o establish and maintain contactwit h other members of their f amilies and with f riends ifthey have been physically separated from them.

In most contexts, there is no off icial acknowledgementof t he status of missing person and thus the familiesare not entitled to support, as widows and orphans mightbe. The undef ined legal status of a missing persons spouseor descendant may have consequences on property rights,the guardianship of children, inheritance and the possibilityof remarriage.

The close relatives of a missing person live in constantanxiety. The fear that death will be confirmed is counteredby the desperate longing f or any news that wi ll put an endto the uncertainty. This comes in addit ion t o t he traumaexperienced by all persons aff ected by armed confl ict orinternal violence, displacement, detention, threats, etc.Such trauma has a cumulative effect on individuals,increasing their r isk of developing more severepsychological reactions.

Families may lack information on how to go about lookingfor a missing relative, how to apply for financial or materialsupport and how to obtain legal advice. They may bereluctant to trust their leaders and government authorit ies orto believe in the level of accountability established by theirnational legal system.

Respect for and assistance to the familiesof missing people


1. all persons must be t reated humanely, respected andprotected by virtue of their inherent dignity as humanbeings;

2. all persons have a right to adequate food, clothing andhousing and to the enjoyment of the highest attainablestandard of physical and mental health.

SUPPORT FAMILIES

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Barry/ICRC


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In a process that involves government s and governmentalbodies, human rights and humanitarian organizations,

members of t he Int ernat ional Red Cross and Red CrescentMovement, experts and the families of missing persons,the Internat ional Commit tee of the Red Cross has

launched a series of consult ations and discussions aimed atheightening awareness of the tragedy of people who areunaccounted for as a result of armed conflict or internal

violence and of the anguish their families suffer by

creating and making available tools for action andcommunication. The ultimate goal is to ensure that the

authorit ies and leaders responsible for solving theprob lem of missing people are held accountable, toenhance assistance for famil ies and to prevent furtherdisappearances.

As part of the process, it is hoped that the internationalconference to be held in February 2003 and attended by

governmental and non-governmental representativeswill agree on the steps that need be taken to promotecompliance with the law, to develop t he law where

necessary and to improve the situation on the ground bymeans of operational best practices in w orking standards

and coordination .

What can be done?

The process is int ended to make a signi fi cant cont ributionto the efforts currently being made by governments and

national judicial bodies, the International Red Cross andRed Crescent Movement and other humani tarian andhuman r ight s organizations, Unit ed Nations bodies such

as the United Nations Human Rights Commission and theinternational ad hoc and permanent courts, regionalgovernmental bodies such as the African Union, ASEAN,

the Council of Europe, the European Union, the OSCE and

others. It is intended in particular to provide backing forthe drafting of a new international instrument on

enforced disappearances, to encourage the States partyto the Geneva Conventions to p ledge t hemselves, at theInternat ional Red Cross and Red Crescent Conference tobe held in December 2003, to act resolut ely to prevent

disappearances and to assist the families of missingpersons, and to reinf orce the eff iciency and account abilit yof all t hose working in t he field.

The process and all other related init iatives are aimedat mobilizing concrete action to prevent persons from

becoming unaccounted f or and to alleviate the plightof the families of missing persons by generating thenecessary w ill ingness and support. Essent ially, such actionimplies:

the implementation of international humanitarian lawand human rights law, including measures to repress

violations of the law, at t he national level;

the promotion of the law and the proper training of

government agents;

support from the international community of Statesand from international and national governmentalor non-governmental humanitarian and human right sorganizations for governments performing these tasks;

the possibilit y for humanitarian organizations to ob tainaccess to all persons in need of protection and

assistance and to carry out their w ork freely and safely;

the possibility for a humanitarian organization such asthe ICRC to gain access to all persons deprived of their

liberty in connection wi th a situat ion of armed conflictor internal violence;

when the usual means of communication have beendisrupted or are not available, the effectiveestablishment of a Red Cross/Red Crescent family new s

netw ork coord inated by the ICRC and suppor ted by allentities involved;

the provision of all necessary information on the identit yof the victims, friend or foe, be they wounded, deprivedof t heir liberty or dead, to t he family or the

appropriate authorities, by the governmentauthor it ies and the leaders of other parties to

armed conflicts or situations of internal violence,whenever necessary via a neutral intermediary suchas the ICRC Cent ral Tracing Agency;

the proper management of human remains by thoseauthorit ies and leaders, when t he remains cannot bereturned to the family immediately aft er death, in order

to facilitate their return at a later stage when requested;support from humanitarian organizations for theauthorities in this task whenever necessary;

meetings of autho rit ies and leaders, whenever possible

and if necessary with the support of a neutralintermediary, to exchange information on peoplewho are unaccounted for and to take all possiblesteps to ascertain their f ate;

the establ ishment of mechanisms to ascertain t hefate of people who remain unaccounted f or,

when recommended with the support of a neutralint ermediary, said mechanisms to have the requiredexpertise, including t he help of agencies specialized in,for example, f orensic sciences;

the support of members of the int ernational communityfo r t he establi shment of effecti ve mechanisms, said

members to remind those who are accountable formissing people of their responsibility and to mobilizethe means required;

a response from t he authorit ies to the specif ic needsof the families of missing people, with the support

of int ernational or national governmental ornon-governmental organizations whenever necessary.

T.

Gassmann/ICRC


14/14

Before, during and after an armed conf lict or a situation of internal violence,

the government authorit ies, both civilian and milit ary, and the leaders of any opposit ion

groups must take resolute action to prevent people from becoming missing and provide

information on people whose families are without news of them.

The basic rules of international humanitarian law and human rights law aim to preventdisappearances in t imes of armed conflict or int ernal violence. If civilians, sick, wounded

or captured members of armed forces/armed groups and other persons deprived of

their liberty are treated in conformity with the law and if humanitarian organizations

are given access to persons at risk, few people will go missing and the relat ives of those

who have died will be informed about the fate of t heir next-of-kin.

It i s urgent and vit al that disappearances cease and that thefamilies right to know the f ate and whereabout s of their relatives,

which is recognized by t he entire international communit y, be upheld.

Mission

The International Committee of the Red Cross (ICRC) is an impartial, neutral and

independent organizat ion whose exclusively humanitarian mission is to protect thelives and dignit y of vict ims of war and int ernal violence and t o provide them wi thassistance. It directs and coordinates the international relief activities conducted bythe Movement in situations of conflict. It also endeavours to prevent suffering bypromot ing and strengthening humanitarian law and universal humanitarianprinciples. Established in 1863, the ICRC is at the or igin of the Int ernat ional Red Crossand Red Crescent Movement.

The Missing - brochure

Documents

Transcript of The Missing - brochure