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STATUS AS AT : 24-04-2014 05:03:02 EDT
CHAPTER IV
HUMAN RIGHTS
16 . International Convention for the Protection of All Persons from Enforced Disappearance
New York, 20 December 2006
Entry into force
:
23 December 2010, in accordance with article 39(1) which reads as follows: "This Convention shall enter into force on the thirtieth day after the date of deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession.".
Registration :
23 December 2010, No. 48088
Status :
Signatories : 93. Parties : 42
Text :
United Nations, Treaty Series, vol. 2715
Doc.A/61/448
C.N.737.2008.TREATIES-12 of 2 October 2008 (Proposal of corrections to the original text of the Convention (Arabic, Chinese, English, French, Russian and Spanish texts) and to the Certified True Copies) and C.N.1040.2008.TREATIES-20 of 2 January 2009 (Corrections).
Note :
The above Convention was adopted on 20 December 2006 during the sixty-first session of the General Assembly by resolution A/RES/61/177.  In accordance with its article 38, the Convention shall be open for signature by all Member States of the United Nations. The Convention shall be open for signature on 6 February 2007 in Paris, France, and thereafter at United Nations Headquarters in New York.
Participant
Signature
Accession(a), Ratification
Albania
 6 Feb 2007
 8 Nov 2007
Algeria
 6 Feb 2007
 
Argentina
 6 Feb 2007
14 Dec 2007
Armenia
10 Apr 2007
24 Jan 2011
Austria
 6 Feb 2007
 7 Jun 2012
Azerbaijan
 6 Feb 2007
 
Belgium
 6 Feb 2007
 2 Jun 2011
Benin
19 Mar 2010
 
Bolivia (Plurinational State of)
 6 Feb 2007
17 Dec 2008
Bosnia and Herzegovina
 6 Feb 2007
30 Mar 2012
Brazil
 6 Feb 2007
29 Nov 2010
Bulgaria
24 Sep 2008
 
Burkina Faso
 6 Feb 2007
 3 Dec 2009
Burundi
 6 Feb 2007
 
Cabo Verde
 6 Feb 2007
 
Cambodia
  27 Jun 2013 a
Cameroon
 6 Feb 2007
 
Chad
 6 Feb 2007
 
Chile
 6 Feb 2007
 8 Dec 2009
Colombia
27 Sep 2007
11 Jul 2012
Comoros
 6 Feb 2007
 
Congo
 6 Feb 2007
 
Costa Rica
 6 Feb 2007
16 Feb 2012
Croatia
 6 Feb 2007
 
Cuba
 6 Feb 2007
 2 Feb 2009
Cyprus
 6 Feb 2007
 
Denmark
25 Sep 2007
 
Ecuador
24 May 2007
20 Oct 2009
Finland
 6 Feb 2007
 
France
 6 Feb 2007
23 Sep 2008
Gabon
25 Sep 2007
19 Jan 2011
Germany
26 Sep 2007
24 Sep 2009
Ghana
 6 Feb 2007
 
Greece
 1 Oct 2008
 
Grenada
 6 Feb 2007
 
Guatemala
 6 Feb 2007
 
Guinea-Bissau
24 Sep 2013
 
Haiti
 6 Feb 2007
 
Honduras
 6 Feb 2007
 1 Apr 2008
Iceland
 1 Oct 2008
 
India
 6 Feb 2007
 
Indonesia
27 Sep 2010
 
Iraq
  23 Nov 2010 a
Ireland
29 Mar 2007
 
Italy
 3 Jul 2007
 
Japan
 6 Feb 2007
23 Jul 2009
Kazakhstan
  27 Feb 2009 a
Kenya
 6 Feb 2007
 
Lao People's Democratic Republic
29 Sep 2008
 
Lebanon
 6 Feb 2007
 
Lesotho
22 Sep 2010
 6 Dec 2013
Liechtenstein
 1 Oct 2007
 
Lithuania
 6 Feb 2007
14 Aug 2013
Luxembourg
 6 Feb 2007
 
Madagascar
 6 Feb 2007
 
Maldives
 6 Feb 2007
 
Mali
 6 Feb 2007
 1 Jul 2009
Malta
 6 Feb 2007
 
Mauritania
27 Sep 2011
 3 Oct 2012
Mexico
 6 Feb 2007
18 Mar 2008
Monaco
 6 Feb 2007
 
Mongolia
 6 Feb 2007
 
Montenegro
 6 Feb 2007
20 Sep 2011
Morocco
 6 Feb 2007
14 May 2013
Mozambique
24 Dec 2008
 
Netherlands 1
29 Apr 2008
23 Mar 2011
Niger
 6 Feb 2007
 
Nigeria
  27 Jul 2009 a
Norway
21 Dec 2007
 
Palau
20 Sep 2011
 
Panama
25 Sep 2007
24 Jun 2011
Paraguay
 6 Feb 2007
 3 Aug 2010
Peru
  26 Sep 2012 a
Poland
25 Jun 2013
 
Portugal
 6 Feb 2007
27 Jan 2014
Republic of Moldova
 6 Feb 2007
 
Romania
 3 Dec 2008
 
Samoa
 6 Feb 2007
27 Nov 2012
Senegal
 6 Feb 2007
11 Dec 2008
Serbia
 6 Feb 2007
18 May 2011
Sierra Leone
 6 Feb 2007
 
Slovakia
26 Sep 2007
 
Slovenia
26 Sep 2007
 
Spain
27 Sep 2007
24 Sep 2009
St. Vincent and the Grenadines
29 Mar 2010
 
Swaziland
25 Sep 2007
 
Sweden
 6 Feb 2007
 
Switzerland
19 Jan 2011
 
Thailand
 9 Jan 2012
 
The former Yugoslav Republic of Macedonia
 6 Feb 2007
 
Togo
27 Oct 2010
 
Tunisia
 6 Feb 2007
29 Jun 2011
Uganda
 6 Feb 2007
 
United Republic of Tanzania
29 Sep 2008
 
Uruguay
 6 Feb 2007
 4 Mar 2009
Vanuatu
 6 Feb 2007
 
Venezuela (Bolivarian Republic of)
21 Oct 2008
 
Zambia
27 Sep 2010
 4 Apr 2011
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon ratification, accession or succession.)
Cuba

Declaration:
       The Republic of Cuba hereby declares, in accordance with article 42, paragraph 2, that it does not consider itself obliged to refer its disputes to the International Court of Justice, as provided for in paragraph 1 of the same article.

Germany

Declarations:
       “Article 16
       The prohibition of return shall only apply if the person concerned faces a real risk of being subjected to enforced disappearance.
       Regarding Art. 17 (2) (f)
       Under German law it is guaranteed that deprivation of liberty is only lawful if it has been ordered by a court or – in exceptional cases – subsequently authorized by a court. Article 104 para. 2 of the Basic Law (Grundgesetz) expressly provides: ‘Only a judge may rule upon the permissibility or continuation of any deprivation of liberty. If such a deprivation is not based on a judicial order, a judicial decision shall be obtained without delay’. Article 104 para. 3 of the Basic Law provides that a person who has been provisionally arrested on suspicion of having committed a criminal offence ‘shall be brought before a judge no later than the day following the arrest’.
       In the event that a person is being held arbitrarily in contravention of Article 104 of the Basic Law, anyone can bring about a judicial decision leading to that person’s release by applying to the competent Local Court for his/her immediate release. If the person concerned has been detained beyond the time limit permissible under the Basic Law, the court has to order that person’s release pursuant to section 128 (2), first sentence, of the Code of Criminal Procedure (Strafprozessordnung, StPO).
       Article 17 para. 3
       In the case of an involuntary placement of sick persons by a custodian or a person having power of attorney, the information required under letters (a) to (h) is known to the court which authorizes the placement. The court can ascertain the information required under letters (a) to (h) at any time through the custodian or person having power of attorney; the information is then included in the
       case-file. This information is also to be regarded as records within the meaning of article 17 para. 3.
       Regarding Article 18
       Under German law, all persons with a legitimate interest are entitled to obtain information from the court files. The restrictions provided for in German law for the protection of the interests of the person concerned or for safeguarding the criminal proceedings are permissible pursuant to Article 20 para. 1 of the Convention.
       Regarding Article 24 para. 4
       It is clarified that the envisaged provision on reparation and compensation does not abrogate the principle of state immunity.”

Morocco

Declaration:
       Pursuant to 42 (2) of the Convention, the Kingdom of Morocco does not consider itself bound by the provisions of paragraph 1 of this article and declares that for any dispute between two or more States to be brought before the International Court of Justice, it is necessary to have, in each case, the agreement of all States parties to the dispute.

Venezuela (Bolivarian Republic of)
       Reservation made upon signature:
       The Bolivarian Republic of Venezuela, in accordance with article 42, paragraph 2, of the International Convention for the Protection of All Persons from Enforced Disappearance, hereby formulates a specific reservation concerning the provisions of paragraph 1 of that article. Therefore, it does not consider itself to be obliged to resort to arbitration as a dispute settlement mechanism, nor does it recognize the compulsory jurisdiction of the International Court of Justice.
Declarations recognizing the competence of the Committee under articles 31 and 32
(Unless otherwise indicated, the declarations were made upon ratification, accession or succession.)
Albania

8 November 2007


Article 31
       In accordance with Article 31 of …..[the International Convention for the Protection of All Persons from Enforced Disappearance], the Republic of Albania declares that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation of provisions of this Convention by Albanian State.

Article 32
       In accordance with Article 32 of …..[the International Convention for the Protection of all Persons from Enforced Disappearance], the Republic of Albania declares that it recognizes the competence of the Committee to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under this Convention.

Argentina

11 June 2008


Article 31
       In accordance with the provisions of article[s] 31, paragraph 1 ... of the International Convention for the Protection of All Persons from Enforced Disappearance, the Argentine Republic recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of individuals subject to the jurisdiction of the Argentine Republic claiming to be victims of a violation by the State of any of the provisions of the Convention ...

Article 32
       In accordance with the provisions of ... article[s] 32 of the International Convention for the Protection of All Persons from Enforced Disappearance, the Argentine Republic recognizes the competence of the Committee on Enforced Disappearances ... to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under this Convention.

Austria

Declaration under article 31:

       Pursuant to Article 31 of the Convention, the Republic of Austria recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation of provisions of this Convention by Austria.

Declaration under article 32:

       Pursuant to Article 32 of the Convention, the Republic of Austria recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under the Convention.
Belgium

       Article 31:

       The Kingdom of Belgium declares that in accordance with article 31 of the convention, [Belgium] recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation of provisions of this Convention by the Kingdom of Belgium.

       Article 32:

       The Kingdom of Belgium declares, in accordance with article 32 of hte Convention, that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under the Convention.
Bosnia and Herzegovina

13 December 2012


Article 31
       “Bosnia and Herzegovina hereby declares that in accordance with article 31 of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted in New York, December 20, 2006, Bosnia and Herzegovina recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation of provisions of this Convention by Bosnia and Herzegovina.”

13 December 2012


Article 32
       “Bosnia and Herzegovina hereby declares, in accordance with article 32 of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted in New York, December 20, 2006, that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under the Convention.”

Chile

Article 31
       The Republic of Chile hereby declares, in accordance with article 31 of this Convention, that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation by this State Party of provisions of this Convention.

Article 32
       The Republic of Chile hereby declares, in accordance with article 32 of this Convention, that it recognizes the competence of the Committee to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under this Convention.

Ecuador

Article 31
       In accordance with the provisions of article 31 (1) of the International Convention for the Protection of All Persons from Enforced Disappearance, the Republic of Ecuador recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of violations of provisions of this Convention by this State Party.

Article 32
       In accordance with the provisions of article 32 of the Convention for the Protection of All Persons from Enforced Disappearance, the Republic of Ecuador recognizes the competence of the Committee to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under the Convention.

France

9 December 2008


Article 31
       ... in accordance with the provisions of paragraph 1 of article 31, [France] recognizes the competence of the Committee on enforced disappearance to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims  of a violation of provisions of this Convention by France.

Article 32
       ... in accordance with article 32, [France] recognizes the competence of the Committee on enforced disappearance to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under this Convention.

Germany

Article 31
       In accordance with Article 31 of the International Convention for the Protection of all Persons from Enforced Disappearance (CED) of 20 December 2006, the Federal Republic of Germany declares that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of individuals subject to the jurisdiction of the Federal Republic of Germany claiming to be victims of a violation of provisions of this Convention by the Federal Republic of Germany.

Article 32
       In accordance with Article 32 of the International Convention for the Protection of all Persons from Enforced Disappearance (CED) of 20 December 2006, the Federal Republic of Germany declares that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications in which a State Party claims that the Federal Republic of Germany is not fulfilling its obligations under this Convention.

Japan

Article 32
       “In accordance with Article 32 of the Convention, the Government of Japan declares that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under the Convention.”

Lithuania

14 August 2013


       Article 31
       “… in accordance with Article 31 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of individuals subject to the jurisdiction of the Republic of Lithuania claiming to be victims of a violation by the Republic of Lithuania of provisions of this Convention.”
       Article 32
       “… in accordance with Article 32 of the Convention, the Seimas of the Republic of Lithuania declares that the Republic of Lithuania recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications in which a State Party to this Convention claims that the Republic of Lithuania is not fulfilling its obligations under this Convention.”
Mali

2 February 2010


Declaration under articles 31 and 32:

       The Government of the Republic of Mali declares that it recognizes the competence of the Committee on Enforced Disappearances to receive communications from individuals or any other State Party in accordance with the provisions of articles 31 and 32 of the International Convention for the Protection of All Persons against Enforced Disappearance, adopted on December 20, 2006.
Montenegro

Article 31
       “In accordance with Article 31 of the International Convention for the Protection al All Persons from Enforced Disappearance, adopted in New York, December 20, 2006, the Government of Montenegro declares that Montenegro recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation by Montenegro of provisions of this Convention.”

Article 32
       “In accordance with Article 32 of the International Convention for the Protection al All Persons from Enforced Disappearance, adopted in New York, 20 December 2006, the Government of Montenegro declares that Montenegro recognizes the competence of the Committee to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under this Convention.”

Netherlands

Article 31:

       “In accordance with Article 31 of the International Convention for the Protection of all Persons from Enforced Disappearance, the Kingdom of the Netherlands, for the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), declares that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation by the Kingdom of the Netherlands of provisions of this Convention.”

Article 32:

       “In accordance with Article 32 of the International Convention for the Protection of all Persons from Enforced Disappearance, the Kingdom of the Netherlands, for the European part of the Netherlands and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), declares that it recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under this Convention.”
Portugal

27 January 2014


Article 31
       “The Portuguese Republic declares that it recognizes the competence of the Committee on Enforced Disappearances in accordance and for the purposes of Article 31, paragraph 1 of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted in New York, on the Twentieth of December of two thousand and six.”

27 January 2014


Article 32
       “The Portuguese Republic declares that it recognizes the competence of the Committee on Enforced Disappearance[s] in accordance and for the purposes of Article 32 of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted in New York, on the Twentieth of December of two thousand and six.”

Serbia

Declaration under article 31 (1):

       “The Republic of Serbia recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation by the Republic of Serbia of provisions of this Convention.”

Declaration under article 32:

       “The Republic of Serbia recognizes the competence of the Committee to receive and consider communications in which a State Party claims that another State Party is not fulfilling its obligations under this Convention.”
Spain

5 January 2011


       Declarations under articles 31
       In accordance with article 31 of the International Convention for the Protection of All Persons from Enforced Disappearance, the Kingdom of Spain declares that it recognizes the competence of the Committee to receive and consider communications from or on behalf of individuals subject to its jurisdiction, claiming to be victims of violations by Spain of provisions of this Convention.
       Declarations under articles 32
       In accordance with article 32 of the International Convention for the Protection of All Persons from Enforced Disappearance, the Kingdom of Spain declares that it recognizes the competence of the Committee to receive and consider communications in which a State party claims that another State party is not fulfilling its obligations under this Convention.
Uruguay

Article 31
       In accordance with article 31, paragraph 1, of the International Convention for the Protection of All Persons from Enforced Disappearance, the Eastern Republic of Uruguay recognizes the competence of the Committee on Enforced Disappearances to receive and consider communications submitted by or on behalf of individuals subject to its jurisdiction claiming to be victims of a violation by that State of the provisions of that Convention.

Article 32
       … in accordance with article 32 of the International Convention for the Protection of All Persons from Enforced Disappearance, the Eastern Republic of Uruguay recognizes the competence of the Committee [on Enforced Disappearances] to receive and consider communications in which a State party claims that the Uruguayan State is not fulfilling its obligations under that Convention.

End Note
1.For the European part of the Netherlands and the Caribbean part of the Netherlands (the Islands of Bonaire, Sint Eustatius and Saba).