UN Committee On Enforced Disappearances Clarifies Its Procedure Under Article 34 Of The Convention

GENEVA (9 April 2025) – With the aim of clarifying its procedure under article 34 of the Convention, the UN Committee on Enforced Disappearances (CED) today issued the following statement:

“At the closing of its 28th session on 4 April 2025, in compliance with the usual practice, the Chairperson of the Committee on Enforced Disappearances announced publicly the decisions taken by the Committee during that session. Among other announcements, the Chairperson explained that the Committee has decided to activate the procedure of article 34 of the Convention with regard to the situation of Mexico.

Article 34 of the Convention provides that “if the Committee receives information which appears to it to contain well-founded indications that enforced disappearance is being practiced on a widespread or systematic basis in the territory under the jurisdiction of a State Party, it may, after seeking from the State Party concerned all relevant information on the situation, urgently bring the matter to the attention of the General Assembly of the United Nations, through the Secretary-General of the United Nations”.

Since the announcement of this decision, the positions expressed publicly by various actors reveal some confusion as to the procedure, and the Committee considers of utmost importance to provide further information to clarify the situation.

The Committee is the body of independent experts entrusted to monitor the implementation of the Convention for the Protection of all Persons against Enforced Disappearance by the States parties.

The Convention has been conceived by Member States of the United Nations to protect all persons from enforced disappearances, to prevent their occurrence, to provide support to victims and guide States as to the measures to take to promote the rights of the Convention and enhance cooperation and assistance between States. The procedure under article 34 of the Convention is one amongst others that the Committee may implement to pursue these aims.

As for all its mandated activities and in compliance with its Rules of Procedure, the Committee adopts its decisions as a collegiate body, after a thorough analysis of all available information, and the Chair is responsible of conveying such decisions, remaining under the authority of the Committee.

The Committee wishes to highlight that, as per the Convention, its decision to activate the article 34 procedure was adopted by consensus on the basis of the allegations received under this provision, but also giving due consideration to the reports, additional information, replies to the urgent actions, individual complaints and Committee’s visit report that have been submitted in a constructive manner by the State party since 2014.

It is in this context, the Chair publicly shared the Committee’s decision at the closing of the session, explaining that the Committee will seek information from the State party on the allegations received, “which in no way prejudges the next steps in the proceedings under article 34 of the Convention”.

“Enforced disappearances” is defined under article 2 of the Convention as “the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.”

Article 5 of the Convention also states that “[the] widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.”

Based on its experience and that of other human rights mechanisms, the Committee found that the circumstances covered under article 2 apply, inter alia, to so-called “paramilitary groups” but also to persons involved in organized crime, including informal groups or networks, from the moment when they received the authorization, support or acquiescence of a state authority. The notions of “authorization, support or acquiescence” have been clarified by the Committee in its Statement on non-State actors in the context of the Convention (CED/C/10, para. 2-8).

The Committee also notes that amongst “applicable international law”, the Rome Statute of the International Court – to which Mexico is a party – provides that enforced disappearances are perpetrated “by, or with the authorization, support or acquiescence of, a State or a political organization”, thereby contemplating the possibility that enforced disappearances be committed directly by “political organizations” distinct from the State.

The Committee wishes to highlight and welcome the State party’s reiterated openness to international scrutiny and its contribution to the work of the Committee and other human rights mechanisms. It further stresses that all steps taken under article 34 and other mandated activities are implemented with care and with a great sense of responsibility regarding the mandate entrusted to it by States parties under the Convention, with the aim to maintain cooperation and constructive exchanges with Mexico in order to achieve the full implementation of the Convention.”

Background
The Committee on Enforced Disappearances monitors States parties’ adherence to the International Convention for the Protection of all Persons from Enforced Disappearance, which as of to date, has been ratified by 72 States parties. The Committee is made up of 10 members who are independent human rights experts drawn from around the world, who serve in their personal capacity and not as representatives of States parties.

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