ATC221013: Report of the Select Committee on Security and Justice on the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), tabled in terms of section 231(2) of the Constitution, 1996, and the Explanatory Memorandum to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), dated 12 October 2022

NCOP Security and Justice

Report of the Select Committee on Security and Justice on the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), tabled in terms of section 231(2) of the Constitution, 1996, and the Explanatory Memorandum to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), dated 12 October 2022.

 

The Select Committee on Security and Justice, having considered the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), tabled in terms of section 231(2) of the Constitution, 1996, and the Explanatory Memorandum to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), reports as follows:

 

1. The Convention for the Protection of All Persons from Enforced Disappearance (“the Convention”) is intended to prevent and eradicate the enforced disappearances of persons described under international law as crimes against humanity.
2. The Convention defines enforced disappearance 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 authorisation, 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”.
3. The Convention was adopted by the United Nations General Assembly on 20 December 2006, and came into force on 23 December 2010.
4. To date, 68 State Parties have ratified or acceded to the Convention.
5. The Convention with the Explanatory Memorandum, was referred to the Committee for consideration and report on 17 August 2022. The Committee was briefed on 21 September 2022.

 

Recommendation

 

6. Having considered the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), tabled in terms of section 231(2) of the Constitution, 1996, and the Explanatory Memorandum, referred to it, the Committee recommends that the National Council of Provinces approve the Convention.

 

Report to be considered