The case for ratification and implemenation of the International Convention: Why all States are concerned, a learning exhange.

 

Benefits of ratification: 

• Speakers highlighted some of the benefits of being a party to the Convention: -Strengthen the national legal and institutional framework -Contributing to the global fight against impunity and demonstrating solidarity, even in countries without a history of enforced disappearance -Enhancing international cooperation and mutual legal assistance under key provisions of the Convention, to address situations where perpetrators flee to a non-State party to avoid prosecution or if a national disappears in a non-State party. International cooperation represents a huge potential as well as a necessity and the Convention needs to be universal for it to deploy its full potential. 

• A collective effort: The fight against enforced disappearance requires a global collective effort, even in States that have no history of enforced disappearance. Platform such as this Congress, but also the Universal Periodic Review, provide opportunities to encourage States to adhere to the Convention. Moreover, the participation of all stakeholders is essential to inform both the ratification and the implementation process, including parliamentarians, victims, CSOs and NHRIs. 

• Beyond ratification: effective implementation: Ratification is not an end in itself. Several States shared their experience of implementing the Convention through legislative and institutional reforms, but also building their capacity in terms of search and identification, thus “improving” their national legal and institutional framework. 

• Successful technical support: Several States offered technical assistance regarding the ratification and implementation of the Convention, while others shared their positive experience of benefiting from technical support from their peers or other institutions, such as the Commonwealth Secretariat and the Convention against Torture Initiative (CTI). Parliamentarians for Global Action (PGA) supports individual members of parliament in amending domestic laws, in close collaboration with CSOs in the concerned countries. OHCHR, with the CED and WGEID, is always available to answer specific questions or organize bilateral meetings, online training sessions on ratification and implementation. A Practical Guide to becoming a party to the Convention is available online. The Treaty Body Capacity BuildingProgramme is also available to provide technical assistance. Other special procedures of the Human Rights Council, such as the Special Rapporteur on extrajudicial executions, can play a facilitator’s role and cooperate with States towards implementation of the Convention.

Recommendations for action 

• Raising awareness - Enhance efforts to raise awareness about what enforced disappearance is and make the case for the universal ratification and effective implementation of the Convention - Highlight the benefits of adhering to the Convention and joining the club of States parties • Leading by example States parties should lead by example and mobilize other States in their respective regions to adhere to the Convention. 

• Learning exchanges and technical support - Organize learning exchanges to encourage non-States parties to ratify the Convention and address their concerns, and for States that have recently ratified to support them in their implementation efforts. - Enhance and disseminate widely communication about technical support, its availability and modalities. - Encourage States to request the technical assistance on offer from peers, OHCHR, the relevant UN mechanisms, the Commonwealth Secretariat, and initiatives such as CTI and CEDI. - Strengthen support for these mechanisms and initiatives to allow them to provide technical support 

• Ensuring an inclusive process - Involve all relevant stakeholders in ratification and implementation processes, including victims, civil society and NHRIs.

 • Making the most of available platforms - Take advantage of every opportunity to promote the ratification of the Convention, including the UPR and other international fora.