Roadmap of the coordination between the UN Committee on Enforced Disappearances and the Inter-American Commission on Human Rights (IACHR)

The United Nations Committee on Enforced Disappearances, hereinafter referred to as “CED” on the one part, and the Inter-American Commission on Human Rights, referred to as "IACHR", hereinafter together referred to as "the Parties", Recalling the extreme seriousness of enforced disappearance, which constitutes a crime and, in certain circumstances defined in international law, a crime against humanity; determined to prevent enforced disappearances and to combat impunity for the crime of enforced disappearance, and considering the right of any person not to be subjected to enforced disappearance and the right of forcibly disappeared person to be searched for, as well as the right of any person affected by an enforced disappearance to truth, justice and reparation, and to seek, receive and impart information to this end; Recalling that, in compliance with article 28 of the International Convention for the Protection of all Persons against Enforced Disappearances “the Committee shall cooperate with all relevant organs, offices and specialized agencies and funds of the United Nations, with the treaty bodies instituted by international instruments, with the special procedures of the United Nations and with the relevant regional intergovernmental organizations or bodies, as well as with all relevant State institutions, agencies or offices working towards the protection of all persons against enforced disappearances”; Recalling the mandate of the CED to review and support the implementation of the International Convention for the Protection of all Persons against Enforced Disappearance by the States parties, and to support victims and other stakeholders to access their rights under the Convention; Recalling the mandate of the IACHR to, inter alia, promote the observance and protection of human rights in the Americas by virtue of art. 106 of the Charter of the Organization of American States; and in particular its mandate in relation to the Inter-American Convention on the Forced Disappearance of Persons; In view of the Declaration of the United Nations Secretary-General to the Permanent Council of the Organization of American States on 13 February 2013, in which he noted that the cooperation between the United Nations and regional organizations was not only a wish but a necessity, and recognized the important synergies between regional human rights bodies and United Nations human rights mechanisms, including OHCHR, Taking into account the results of the meeting between the Inter-American Commission on Human Rights and the United Nations Committee on Enforced Disappearances, held on 2 July 2021 on the margins of the 180th session of the IACHR, conducted online, and a follow-up meeting held on 22 September 2021 on the margins of the 21st session of CED, during which they agreed to establish a Roadmap as a framework for cooperation between the two systems;


Reaffirming the importance of fostering cooperation between the CED and the IACHR with the common objective to eradicate and prevent enforced disappearances and promote the right of victims of this crime to truth, justice and reparation; Recognizing the need to identify practical measures to nurture, sustain and strengthen such cooperation while bearing in mind structural differences between the CED and the IACHR; The Parties agreed on the following proposals in the framework of the present Roadmap to enhance the collaboration between the two systems:


I. Objective of the Roadmap.

The Objective of this Roadmap is to define a practical framework for enhancing the cooperation between the Parties for the promotion and protection of human rights through its specific, mandates, competences and mechanisms, as relates to the eradication and prevention of enforced disappearances.


II. Scope and modalities of the cooperation.

The Parties are willing to establish mutually agreed co-operation mechanisms in accordance with their respective mandates, Rules of Procedure and methods of work, and any other applicable rules, regulations and practice of the United Nations and the IACHR, to promote and jointly address issues of common concern; Subject to the applicable regulations and procedures in force, the Parties shall consider supporting each other’s initiatives in situations where the respective mandates and expertise allow it. Within the framework of the Objectives of this Roadmap, and upon a request, the Parties are willing to facilitate participation of representatives of the other Party, subject to regulations and procedures in force in each system, in meetings of their respective bodies, such as expert consultation preceding thematic reports or studies, knowledge sharing, identification of thematic areas of collaboration, participation in session of both Parties, among others. In this context, the Parties shall co-operate, when they consider appropriate, in assisting States in the American hemisphere in the implementation of recommendations of the CED and of the IACHR, in partnership with OHCHR and other UN and regional organizations’ presence at the national level, as well as national human rights institutions and civil society organizations. The Parties are willing to work with and encourage civil society organizations, national human rights institutions and other human rights mechanisms to enhance their cooperation with the two Parties. 

The Parties are willing to carry out the implementation of this roadmap in areas of common interest, on the basis of modalities of cooperation to be jointly agreed, as appropriate, among which shall be taken into account: 

1. Cross-referencing of the jurisprudence and recommendation of the other body in the respective documents adopted by the CED and the IACHR. 

2. Identification of thematic areas which the CED and the IACHR could address collaboratively in the short-term, and of issues of common concern on which there is no clear or full alignment, and discussion of ways to strengthen cooperation on those issues through: - Exchange of information; - Punctual and direct exchanges between experts; - Organization of thematic discussions, in closed meetings, public webinars or conferences; - Other activities that may be deemed relevant. 

3. Involvement of experts of the two mechanisms in the thematic work respectively undertaken by each of them, when deemed appropriate, through, for example: - Calls for submissions or comments; - Provision of expertise; - Consultations convened prior to and as a follow-up to thematic and country reports, including follow-up to concluding observations, and country-based recommendations; - Contribution to the follow-up of country-based recommendations formulated by both mechanisms throughout their respective activities.

 4. Organization of joint events with the participation of mandate holders of the CED and the IACHR, including monitoring and training activities, with a view to achieving common objectives.

5. Issuance of joint public statements or press releases on issues of common interest or concern. 

6. Any other activities within the scope of the respective mandate of the Parties that may be deemed necessary to promote the eradication and prevention of enforced disappearances.


III. Mechanisms of the cooperation.


The cooperation between the Parties for the implementation of this roadmap will take place through the following mechanisms:
1. Regular contact between the respective Secretariats, in accordance with the Joint Declaration between the Office of the United Nations High Commissioner for Human Rights and the Executive Secretariat of the Inter-American Commission on Human Rights.
2. Institutionalized information sharing: The Parties are willing to take measures to promote a proactive exchange of relevant information and documentation, subject to their respective applicable institutional rules, regulations and practice, and arrangements that may be required to preserve their confidential or restricted nature.


The requests and requested information will be transmitted by the respective Secretaries of the CED and the IACHR


The information sharing includes but is not limited to the following:
(i) General information: - Mandate holders, respective functions, contact details; - Lists of secretariat staffing teams providing support to the CED and the IACHR; - Other information material to facilitate desk-to-desk exchanges and coordination; - Existing information tools, such as newsletters, annual and thematic reports, existing reports on jurisprudence and other publications produced by both mechanisms; - Dates and programme of work of the respective sessions.
(ii) Country specific information: As soon as it is available, the CED and the IACHR are willing to provide the other mechanism with information related – to but not limited to – as appropriate to each Party: - Calendar of Thematic Hearings; - List of countries to be examined at the respective session, if applicable; - Adopted concluding observations, country-based recommendations and reports, published decisions under the individual complaints procedure and the individual petitions system; - Relevant information as to the status of implementation of the adopted recommendations and decisions; - List of countries to be visited by the respective bodies.
(iii) Thematic information: - Issues of focus respectively selected by the CED and the IACHR for the development of thematic reports, declarations, General Comments, among others.; - Adopted thematic reports, country reports and annual reports, declarations, General Comments, Reports on follow-up to concluding observations, among others. (iv) Individual complaints and petitions, and Urgent Actions and Precautionary Measures: - Adopted decisions as relate to individual complaints once they are published - CED reports on Urgent Actions; - Follow-up of recommendations formulated by both mechanisms throughout their respective activities.


IV. Implementation of the present Roadmap The CED and the IACHR and their respective Secretariats support and coordinate the implementation of the present Roadmap.
The Parties will hold joint regular meetings to address issues of common interest and follow-up the implementation of the present Roadmap. Such meetings can take place in person or online. Regular reporting on progress and challenges relating to the implementation of this Roadmap will be conducted through the annual reports of the CED and the IACHR. A comprehensive joint review of the present Roadmap and its implementation shall take place five years after its adoption. This review shall be preceded by an intermediate evaluation of the implementation of the Roadmap two years after its adoption


FOR THE COMMITTE ON ENFORCED DISAPPEARANCES.
FOR THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS.