Inter-American Convention on Forced Disappearance Persons

The Inter-American Convention on Forced Disappearance Persons is one of the main international treaties in matter of human rights. It was adopted by the Organization of American States (OAS) on 9 June 1994, and entered in force on 28 March 1996. Afterwards to reach the second ratification as it is established in the Convention.[1][2][3]

Background

The impulse for the recognition of the crime of forced disappearance of persons, modality of state terrorism, took place from the last chamber of the 20th century. This recognition was a result of the multiplication of the cases of disappearance persons in Latin America and thanks to the mobilisation of sectors of the public opinion and of the civil society. In particular by the initiative of Human Rights Organizations that arose first in these countries and afterwards, in many others of the world, specialising in his complaint and awareness.[4]

From the appearance of the norms appeared to judge the crimes against humanity committed during the Second World War.[5] It was established in 1980 the Group of Work on Forced or Involuntary Disappearances, dependent of the Commission of Human rights of United Nations. In 1983, the Organization of American States (OEA) issued his resolution 666 XIII-0/83, where specified that all forced disappearance would have to be describe and recognized as crime against the humanity.

The Inter-American Court of Human Rights (CIDH) in 1988 and 1989 pronounced the first condemnatory sentences by cases of disappearances against Honduras, known as Velásquez Rodríguez Vs. Honduras case.[6]

In the 1990s it was signed the Statement on the protection of all the people against the disappearances forced of the General Assembly of United Nations (1992), the Inter-American Convention of forced Disappearance Persons (1994) and the universal typification in the Statute of Rome of the International Penal Court (1998). Finally in 2006 the United Nations General Assambly approved the text of the International Convention for the protection of all the People against the Disappearances Forced of the United Nations, whose signature was celebrated in Paris on 6 February 2007, establishing a series of legally universal obligations for the signatory states.[7]

The Nobel Peace Prize delivered in 1980 to the Argentinian Adolfo Pérez Esquivel and in 1992 to the Guatemalan Rigoberta Menchú, were related with their struggles against the disappearance of persons.[8]

The Convention

The Inter-American Convention on Forced Disappearance Persons was the first legal instrument in establishing mechanisms that allowed to dictate definite and compulsory sentences in individuals and interstates cases that have to be recognized by the States Members involved.

The Convention considers in its preamble the forced disappearance of persons as a crime against humanity. Therefore, an imprescriptible crime in history.[1][9]

References

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