Konvensi Anti Penghilangan Paksa di Sahkan Dewan HAM PBB

Harapan Baru

dalam Perjuangan Internasional Melawan Penghilangan Paksa
Mugiyanto[1]

“The Commission has also bequeathed to you two vital documents -- the draft Convention on Enforced Disappearances and the draft Declaration on the Rights of Indigenous Peoples. You have a chance, by considering and approving those instruments at the earliest possible opportunity, to start your work with a tangible achievement -- one that will bring hope to large groups of people who have lived in a dark shadow of fear”
(Kutipan Pidato Sekjen PBB Kofi Annan
pada Pembukaan Sidang Pertama Dewan HAM PBB)

Pada tanggal 29 Juni 2006, ruangan Sidang Komisi HAM PBB di Jenewa bergemuruh. Standing ovation para peserta Sidang Pertama Dewan HAM PBB termasuk dari unsur delegasi organisasi non pemerintah (NGO) yang berkesempatan menghadiri sidang, berlangsung hampir selama 60 detik. Beberapa delegasi NGO kemudian saling berpelukan dan bersalaman untuk saling memberi ucapan selamat. Pada hari itu, Presiden Dewan HAM PBB Luis Anfonso de Alba dari Meksiko mengetok palu untuk mengesahkan Konvensi Internasional untuk Perlindungan Semua Orang dari Penghilangan Paksa (Konvensi Anti Penghilangan Paksa) secara konsensus.

Disahkannya Konvensi Anti Penghilangan Paksa oleh Dewan HAM PBB merupakan langkah maju yang menjanjikan mengingat sidang kali ini adalah Sidang Pertama Dewan HAM PBB setelah Dewan ini terbentuk bulan Maret yang lalu. Sebelumnya, banyak suara yang menyangsikan lembaga baru hasil reformasi PBB ini akan bisa membawa angin segara perubahan dalam penegakan HAM. Banyak pihak juga mengira bahwa sidang yang pertama kali ini hanya akan membahas hal-hal seputar prosedur dan mekanisme serta modalitas Dewan HAM PBB.

Hal lain yang juga menumbuhkan optimisme baru dalam perlindungan dan penegakan HAM di tingkat PBB yang terjadi saat digelarnya Sidang Pertama Komisi HAM PBB ini adalah bahwa selain Konvensi Anti Penghilangan Paksa, Dewan HAM PBB juga mengesahkan beberapa dokumen lainnya seperti Deklarasi PBB untuk Hak-Hak Masyarakat Adat, dan Opsional Protokol Konvensi Anti Penyiksaan. Dengan disahkannya dokumen-dokumen penting ini, harapan Sekjen PBB Kofi Annan sebagaimana dikutip di atas dan masyarakat dunia, mulai terealisir.

Perjuangan Hampir Tiga Dekade
Paling tidak selama 25 tahun terakhir, Konvensi ini telah diperjuangkan terutama oleh organisasi-organisasi keluarga korban penghilangan paksa dari negara-negara Amerika Latin. Salah satu yang sangat terkenal diantaranya adalah Las Madres de Plaza de Mayo (Ibu-Ibu Plaza de Mayo) dari Argentina. Pelanggaran berat HAM yang sangat keras dalam bentuk penghilang orang di Argentina yang dilakukan oleh kekuasaan junta militer tahun 1976-1983 menjadikan mereka sangat gigih untuk menghentikan, mencegah dan menghukum pelakunya.

Sebagai respon atas perjuangan mereka, pada tanggal 18 Desember 1992, melalui Resolusi No. 47/133, PBB mengesahkan Deklarasi Anti Penghilangan Paksa. Namun, Deklarasi tersebut tidak punya kekuatan hukum yang mengikat anggota-anggota PBB. Deklarasi hanya merupakan pernyataan umum anggota PBB untuk tidak melakukan dan mengutuk kejahatan penghilangan paksa, dan tidak bisa memberikan sanksi bagi negara yang melanggarnya. Dari sanalah perjuangan kemudian dilanjutkan untuk membuat sebuah instrumen atau treaty (aturan hukum internasional) yang secara hukum mengikat (legally binding) negara-negara yang meratifikasinya (state parties).

Akhirnya, pada tahun 2002 Komisi HAM PBB membentuk Kelompok Kerja yang secara khusus bertugas untuk merumuskan sebuah instrumen yang dimaksud Setelah melalui proses perdebatan panjang selama 3 tahun, Kelompok Kerja tersebut berhasilkan merumuskan sebuak dokumen yang diberi nama Rancangan Konvensi Internasional untuk Perlindungan Semua Orang dari Penghilangan Paksa (Draft International Convention for the Protection of All Persons from Enforced Disappearances) dengan sebuah Badan Pemantauan (Monitoring Body) yang terdiri dari 10 orang ahli yang independen yang berasal dari pembagian wilayah geografis yang merata. Rancangan Konvensi itu kemudian disahkan dalam pertemuan Kelompok Kerja tersebut pada tanggal 22 September 2005.

Arti Penting Konvensi
Konvensi Anti Penghilangan Paksa ini diperjuangkan paling tidak selama dua setengah dekade terakhir dengan beberapa pertimbangan mendasar. Di satu pihak, tindak penghilangan paksa dianggap oleh masyarakat internasional sebagai induk dari segala pelanggaran HAM karena dalam kasus ini, paling tidak 4 hak-hak yang sangat mendasar (basic human rights) dilanggar. Keempat hak-hak tersebut adalah hak untuk tidak disiksa, hak atas kebebasan dan keamanan, hak untuk diperlakukan sama di depan hukum dan hak untuk hidup.

Akan tetapi di lain pihak, terdapat kekosongan aturan di tingkat internasional ketika mekanisme domestik sudah tidak bisa lagi menanganinya (exhaust all domestic remedies), baik itu karena negara tidak mampu (unable) ataupun tidak mau (unwilling) menanganinya. Selain itu, dalam konteks regional, Asia maupun Asia Tenggara belum lagi memiliki mekanisme regional seperti yang ada di negara-negara Amerika yaitu berupa Konvensi dan Pengadilan Inter-Amerika atau yang ada di Eropa. Konvensi diharapkan bisa mengisi kekosongan mekanisme ini.

Selain itu, mekanisme-mekanisme internasional yang telah ada seperti Kelompok Kerja PBB untuk Penghilangan Paksa (UN Working Group on Enforced or Involuntary Disappearances -UNWGEID) dan Mahkamah Pidana Internasional (International Criminal Court – ICC) masih banyak kelemahannya. UNWGEID hanya memiliki mandat humaniter yang hanya bisa meminta negara anggota PBB untuk mengambil langkah-langkah yang perlu diambil bila terjadi tindak penghilangan paksa tanpa memiliki otoritas untuk melakukan kutukan (condemnation), apalagi penyelidikan.

Sementara itu, ICC hanya bisa melakukan intervensi (pengadilan) pada individu pelaku pelanggaran berat HAM yang negaranya telah melakukan ratifikasi atas Statuta Roma tentang ICC, sementara banyak negara termasuk Indonesia belum meratifikasi ICC. Selain itu, ICC bisa mengelar pengadilan hanya atas permintaan jaksa penuntut, baik itu atas inisiatif dia sendiri maupun permintaan negara yang telah meratifikasi, atau oleh permintaan Dewan Keamanan PBB. Di sini, korban dan keluarga korban penghilangan paksa tidak memiliki akses langsung, selain karena memang ICC dibuat bukan untuk melindungi korban pelanggaran HAM melainkan untuk mengutuk dan menghukum pelaku kejahatan internasional.

Efektifitas Konvensi
Disahkannya Konvensi Anti Penghilangan Paksa oleh Dewan HAM PBB belum berarti bahwa Konvensi tersebut telah berlaku aktif dan mengikat seluruh anggota PBB. Masih terdapat beberapa langkah yang harus ditempuh. Pertama, Konvensi harus lebih dulu disahkan oleh Sidang Majelis Umum PBB (UN General Assembly) yang akan mengadakan sidang pada bulan Oktober-November 2006 di Markas PBB di New York. Mengacu pada pengalaman pengesahan beberapa Konvenan seperti Konvensi Anti Penyiksaan dll., Sidang Majelis Umum PBB tidak lagi melakukan pembahasan mendetail pasal per pasal sehingga Konvensi diharapkan bisa langsung disahkan.

Kedua, setelah Sidang Majelis Umum mengesahkan Konvensi, negara-negara anggota PBB harus meratifikasinya sebagai bentuk bahwa negara yang bersangkutan mengikatkan diri secara hukum (legally binding) pada aturan-aturan yang ada dalam Konvensi. Dalam Konvensi Anti Penghilangan Paksa ini dinyatakan bahwa ia akan berlaku aktif (enter into force) 30 hari setelah ada 20 negara yang meratifikasi.

Dilihat dari proses yang berlangsung sejak dibukanya sidang Dewan HAM oleh Sekjen PBB Kofi Annan, dimana beliau telah menekankan pentingnya pengesahan Rancangan Konvensi, hingga ke sidang-sidang pembahasan dan pengesahan Konvensi secara konsensus, maka untuk mendapatkan ratifikasi dari 20 negara bukanlah syarat yang sulit dipenuhi. Dari sanalah muncul keyakinan dari berbagai pihak bahwa kira-kira pada akhir tahun 2006 Konvensi Anti Penghilangan paksa ini akan mulai berlaku aktif (enter into force).

Ketiga, supaya Indonesia menjadi bagian dari Konvensi ini maka Indonesia juga harus melakukan ratifikasi. Dalam konteks Indonesia, meratifikasi Konvensi ini sebenarnya sudah merupakan salah satu komitmen yang termasuk dalam janji (pledges) sebelum Indonesia dipilih secara mayoritas untuk menjadi anggota dewan HAM PBB. Dalam pledges yang dimaksud, disebutkan bahwa Indonesia akan terus bekerja sama dan mendukung kerja-kerja Dewan HAM dan Kantor Komisi Tinggi HAM PBB.

Keempat, setelah meratifikasi Konvensi, maka Indonesia harus menyesuaikan aturan hukum nasional supaya sejalan dengan isi dan semangat Konvensi yang telah diratifikasi. Baru setelah itu usaha untuk melakukan penyelidikan, penghentian dan pencegahan tindak penghilangan paksa sebagaimana disebutkan dalam Konvensi bisa dilaksanakan. Namun satu hal yang tidak kalah pentingnya dari itu semua, untuk memaksimalkan efektifitas Konvensi agar tidak menjadi macan ompong adalah Indonesia harus sepenuhnya bekerjasama dengan Badan Pemantauan (Monitoring Body), antara lain dengan mengijinkan mereka melaksanakan kunjungan dan penyelidikan bila memang terjadi tindak kejahatan sebagaimana disebutkan dalam Konvensi.

Jalan bagi implementasi Konvensi memang masih panjang, tetapi tidak ada alasan apapun bagi masyarakat beradab untuk tidak mendukung sebuah usaha untuk menindak, menghentikan dan mencegah terjadinya penghilangan paksa di muka bumi ini.

Dalam hubungannya dengan penyelidikan kasus penghilangan paksa aktifis demokrasi tahun 1997 – 1998 oleh Komnas HAM, pengesahan secara konsensus Konvensi Anti Penghilangan Paksa oleh Dewan HAM PBB di mana Indonesia adalah anggotanya harus dijadikan landasan bagi pemerintah untuk lebih serius menanganinya.

[1] Penulis adalah Ketua IKOHI, delegasi NGO INFID pada sidang Dewan HAM PBB di Jenewa, Swiss

CICC Statement on World Day for International Justice

On the Occasion of the World Day for International Justice
17 July 2006

Several years ago, the Coalition for the ICC and many of our members began observing July 17 as the World Day for International Justice, in honor of the adoption of the Rome Statute of the ICC on July 17, 1998. Each year, the CICC uses this day as an opportunity to not only evaluate the past, but also to look forward.

The ICC has been described as one of the greatest advances in international law and justice. As we celebrate the fourth anniversary of the entry into force of the Rome Statute, we are able to reflect on a period in which the ICC reached a number of milestones, showed continued growth, and demonstrated that it can truly become a permanent fixture for international justice and peace. Of course, the ICC and governments must overcome major deficiencies and remaining challenges, but no one could have predicted many of the positive developments in the last few years.

Among the major achievements for the ICC since July 1, 2002, are the referrals of situations from three States Parties, the Democratic Republic of Congo (DRC), Uganda, and Central African Republic (CAR); the historic referral of the situation in Darfur from the UN Security Council; the continuation of formal investigations by the Office of the Prosecutor into the situations in DRC, Uganda, and Darfur; the announcement by the Office of the Prosecutor in February 2006 that it is carrying out intensive analyses of five situations on four continents, including situations in CAR and Côte d’Ivoire, in which the Court may have jurisdiction over the crimes committed; the recognition of the jurisdiction of the ICC by Côte d’Ivoire even though it is currently a non-State Party to the Rome Statute; the issuing of five international arrest warrants by the ICC for members of the Lord’s Resistance Army (LRA), which have been publicly acknowledged in Uganda and throughout the world; and the execution of the warrant of arrest issued by the ICC for Thomas Lubanga Dyilo in the DRC that facilitated his subsequent transfer to the custody of the ICC in The Hague.

Since last year, the new system of international criminal justice achieved an extraordinary 100th ratification with the depositing of the instruments by Mexico on 28 October 2005. In 1998, the most optimistic expert predictions were that it would take ten to twenty years to achieve sixty ratifications. With more than two-thirds of the world’s nations having signed or ratified the ICC treaty, the movement towards universal accession clearly confirms that the support for international justice is global, embraced by progressive nations of all regions and legal systems in our world. The one hundred ratifications also showed the determination of states not to yield to political pressure from a few powerful nations that continue to oppose the ICC.

Furthermore, just within the past year, there have been a number of important decisions made by the Court on a range of legal issues, including affirming victims rights to participate in the judicial process, requesting that assets of accused persons be traced and frozen, and clarifying certain concepts in the Rome Statute, such as the difference between the Court’s definition of a case and a situation.
Additionally, with the decision of the CAR Cour de Cassation (Supreme Court) that the CAR justice system was unable to carry out effective investigations and prosecutions, we finally witnessed a state examining the complementarity principle contained in the Rome Statute and recognizing its importance to the dispensation of justice on both the nation and international levels.

In spite of these achievements, many serious challenges remain for the ICC and the State Parties. One of the most pressing challenges for the Court will be to implement a dramatically improved communications strategy. The ICC has failed to reach out effectively to victims, media, civil society, and Parliamentarians in situation countries, and to provide essential information to governments and international organizations. Effective communication with states must occur, for state cooperation will become increasingly vital to the success of the ICC. Perhaps the most important need for state cooperation, given the Court’s limited ability, is to arrest accused persons.

The Assembly of States Parties (ASP), the UN Security Council and other UN agencies, including peacekeeping operations and rapid deployment forces, must step up to the challenge. Multiple investigations and warrants without arrests and trials could be disastrous for the ICC. Many other vital state and international organization cooperation issues will require much more effort by the ASP in coming years.

In the next year, the CICC not only looks forward to the start of the first trial at the ICC, but also the continued collaboration among CICC members that ultimately impacts the various aspects of the Court’s work.

On this World Day for International Justice, we celebrate the enormous strides that have been made in upholding and advancing the principles of international justice through the ICC. We remain convinced that international justice will have a deterrent effect on the perpetration of widespread and systematic atrocities. We believe that the ICC is a ‘root cause’ institution, one that will contribute to the prevention, and reconciliation of conflicts involving the worst international crimes.

Statements from states supporting the ICC during recent Security Council debates and General Assembly meetings show that the United Nations will continue to be a vital partner in strengthening the ICC. Members of the CICC will follow the activities of the Human Rights Council, the High Level Panel on Genocide Prevention, the Office of the Special Advisor on the Prevention of Genocide, the application of the new “Responsibility to Protect” norm, and the newly established Peacebuilding Commission, as they relate to the ICC.

However, we must not overlook the fact that even with one hundred State Parties and one hundred and forty signatories to the Rome Statute, some of the world’s most influential nations remain outside observers instead of inside actors in this fight against impunity. Thus, we as civil society, with the cooperation of governments and international institutions, are charged with the responsibility to speak on behalf of the victims of the world’s conflicts and lead this ever-growing global movement for peace.

In solidarity,

William Pace
Convenor, Coalition for the International Criminal Court (CICC)

Solidaritas untuk Warga Pengkol Kediri, Jatim

Pengantar

Surat ini dikirim oleh IKOHI tanggal 12 Juli jam 12.30, ketika polisi tengah menangani seorang warga Pengkol, yang belakangan menjadi tersangka.

Atas surat solidaritas ini, tanggal 14 Juli pukul 08.30 IKOHI memerima surat dari Polres Kediri yang menyatakan bahwa sudah menerima surat dari IKOHI, dan Polres memang melakukan penanganan secara proporsional, tanpa penyiksaan, intimidasi dsb, dan semuanya dilakukan sesuai prosedur hukum.

Kawan-kawan di lapangan (YAMAJO) perlu memverifikasi informasi dari pihak Polres Kediri ini.

Dari sini kami menyimpulkan bahwa surat yang kita kirim secara URGENT ke instansi negara atas sesuatu hal, kadang efektif dan berguna.

Salam,
IKOHI
============



Sifat : URGENT
Hal : Polisi harus menangani Kasus Pengkol secara Proporsional


Kepada Yth:Kapolres
Kabupaten Kediri JawaTimur


Di tempatDengan hormat,

Terkait dengan penangkapan saksi kunci dalam kasus pembakaran sepeda motor polisi di Dusun Pengkol Desa Kasreman Kecamatan Kandangan Kabupaten Kediri, dengan ini kami Ikatan Keluarga Korban Orang Hilang – IKOHI, sebuah organisasi HAM di Jakarta menyampaikan solidaritas kami kepada warga masyarakat Pengkol, Kediri dan menyatakan hal-hal lain sebagai berikut:

1. Bahwa benar adanya sebelum pembakaran sepeda motor tersebut, ada operasi rutin (hampir setiap hari) yang sangat meresahkan warga banyak, karena hanya digunakan sebagai mesin uang oleh polisi;
2. Adanya korban meninggal tertabrak truk yang saat itu berboncengan dengan Sumariono sebelumnya diakibatkan oleh adanya pengejaran polisi.
3. Pembakaran sepeda motor polisi tersebut dilakukan oleh massa banyak, bukan oleh warga Pengkol saja.
4. Sumariono sebagai saksi kunci dalam persidangan tanggal 10 Juli 2006, justru saat ini ditekan dan diintimidasi.
5. Kasus ini menambah sejarah buruk kerja kepolisian khususnya di Kabupaten Kediri yang selama ini terus menjadi sorotan publik dengan adanya kriminalisasi rakyat, misalnya dalam dua bulan ini saja ada penangkapan pedagang jamu.
6. Kami mendukung perjuangan warga Pengkol dan sekitarnya yang tergabung dalam Forum Warga Pengkol untuk terus melakukan perjuangan melawan ketidakadilan yang dilakukan oleh pihak kepolisian dengan cara-cara demokratis, damai dan anti kekerasan.
7. Mendesak pihak Polres Kediri untuk bekerja secara profesional tanpa dendam dan sekedar mencari kambing hitam dalam kasus Pengkol.
Demikian kami sampaikan untuk dapat dimaklumi. Atas perhatian Bapak kami sampaikan terima kasih.

Jakarta, 12 Juli 2006
Hormat kami,Mugiyanto


Ketua IKOHI

International Convention Against Disappearances

E/CN.4/2005/WG.22/WP.1/REV.4
23 September 2005
(Translated from French)


INTERNATIONAL CONVENTION
FOR THE PROTECTION OF ALL PERSONS
FROM ENFORCED DISAPPEARANCE


Preamble

The States Parties to this Convention,
Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and fundamental freedoms,
Having regard to the Universal Declaration of Human Rights,

Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and all other relevant international instruments in the fields of human rights, humanitarian law and international criminal law,

Recalling the Declaration on the Protection of All Persons from Enforced Disappearance adopted by the General Assembly of the United Nations in its resolution 47/133 of 18 December 1992,

Aware of 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 combat impunity for the crime of enforced disappearance,

Considering the right of any person not to be subjected to an enforced disappearance, the right of victims to justice and to reparation and,

Affirming the right to know the truth about circumstances of an enforced disappearance and the fate of the disappeared person, and the respect of the right to freedom to seek, receive and impart information to this end.

Have agreed as follows:



Article 1
1. No one shall be subjected to enforced disappearance.
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.

Article 2
For the purposes of this Convention, enforced disappearance is considered to be the arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, 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.

Article 3
Each State Party shall take appropriate measures to investigate acts defined in article 2 committed by persons or groups of persons acting without the authorization, support or acquiescence of the State and to bring those responsible to justice.

Article 4
Each State Party shall take the necessary measures to ensure that enforced disappearance constitutes an offence under its criminal law.

Article 5
The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.

Article 6
1. Each State Party shall take the necessary measures to hold criminally responsible at least:
(a) Any person who commits, orders, solicits or induces the commission of, attempts to commit, is an accomplice to or participates in an enforced disappearance;
(b) The superior who:
(i) Knew, or consciously disregarded information which clearly indicated, that subordinates under his or her effective authority and control were committing or about to commit a crime of enforced disappearance;
(ii) Exercised effective responsibility for and control over activities which were concerned with the crime of enforced disappearance; and
(iii) Failed to take all necessary and reasonable measures within his or her power to prevent or repress the commission of the enforced disappearance or to submit the matter to the competent authorities for investigation and prosecution;
(c) Subparagraph (b) above is without prejudice to the higher standards of responsibility applicable under relevant international law to a military commander or to a person effectively acting as a military commander.
2. No order or instruction from any public authority, civilian, military or other, may be invoked to justify an offence of enforced disappearance.

Article 7
1. Each State Party shall make the offence of enforced disappearance punishable by appropriate penalties which take into account its extreme seriousness.
2. Each State Party may establish:
(a) Mitigating circumstances, in particular for persons who, having been implicated in the commission of an enforced disappearance, effectively contribute to bringing the disappeared person forward alive or make it possible to clarify cases of enforced disappearance or to identify the perpetrators of an enforced disappearance;
(b) Without prejudice to other criminal procedures, aggravating circumstances, in particular in the event of the death of the disappeared person or the commission of an enforced disappearance in respect of pregnant women, minors, persons with disabilities or other particularly vulnerable persons.

Article 8
Without prejudice to article 5,
1. A State Party which applies a statute of limitations in respect of enforced disappearance shall take the necessary measures to ensure that the term of limitation for criminal proceedings:
(a) Is of long duration and is proportionate to the extreme seriousness of this offence;
(b) Commences from the moment when the offence of enforced disappearance ceases, taking into account its continuous nature.
2. Each State Party shall guarantee the right of victims of enforced disappearances to an effective remedy during the term of limitation.

Article 9
1. Each State Party shall take the necessary measures to establish its jurisdiction over the offence of enforced disappearance:
(a) When the offence is committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;
(b) When the alleged offender is one of its nationals;
(c) When the disappeared person is one of its nationals and the State Party considers it appropriate.
2. Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over the offence of enforced disappearance when the alleged offender is present in any territory under its jurisdiction, unless it extradites or surrenders him or her to another State in accordance with its international obligations or surrenders him or her to an international criminal tribunal whose jurisdiction it has recognized.
3. This Convention does not exclude any additional criminal jurisdiction exercised in accordance with national law.

Article 10
1. Upon being satisfied, after an examination of the information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed an offence of enforced disappearance is present shall take him or her into custody or take such other legal measures as are necessary to ensure his or her presence. The custody and other legal measures shall be as provided for in the law of that State Party but may be continued only for such time as is necessary to ensure the person’s presence at criminal, surrender or extradition proceedings.
2. A State Party which has taken the measures referred to in paragraph 1 shall immediately carry out a preliminary inquiry or investigations to establish the facts. It shall notify the States Parties referred to in article 9, paragraph 1, of the measures it has taken in pursuance of paragraph 1 of this article, including detention and the circumstances warranting detention, and the findings of its preliminary inquiry or its investigations, indicating whether it intends to exercise its jurisdiction.
3. Any person in custody pursuant to paragraph 1 shall be assisted in communicating immediately with the nearest appropriate representative of the State of which he or she is a national, or, if he or she is a stateless person, with the representative of the State where he or she usually resides.

Article 11
1. The State Party in the territory under whose jurisdiction a person alleged to have committed an offence of enforced disappearance is found shall, if it does not extradite that person or surrender him or her to another State in accordance with its international obligations or surrender him or her to an international criminal tribunal whose jurisdiction it has recognized, submit the case to its competent authorities for the purpose of prosecution.
2. These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State Party. In the cases referred to in article 9, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 9, paragraph 1.
3. Any person against whom proceedings are brought in connection with an offence of enforced disappearance shall be guaranteed fair treatment at all stages of the proceedings. Any person tried for an offence of enforced disappearance shall benefit from a fair trail before a competent, independent and impartial court or tribunal established by law.

Article 12
1. Each State Party shall ensure that any individual who alleges that a person has been subjected to enforced disappearance has the right to report the facts to the competent authorities, which shall examine the allegation promptly and impartially and, where appropriate, undertake without delay a thorough and impartial investigation. Appropriate steps shall be taken, where necessary, to ensure that the complainant, witnesses, relatives of the disappeared person and their defence counsel, as well as persons participating in the investigation, are protected against all ill‑treatment or intimidation as a consequence of the complaint or any evidence given.
2. Where there are reasonable grounds for believing that a person has been subjected to enforced disappearance, the authorities referred to in paragraph 1 shall undertake an investigation, even if there has been no formal complaint.
3. Each State Party shall ensure that the authorities referred to in paragraph 1:
(a) Have the necessary powers and resources to conduct the investigation effectively, including access to the documentation and other information relevant to their investigation;
(b) Have access, if necessary with the prior authorization of a judicial authority, which shall rule promptly on the matter, to any place of detention or any other place where there are reasonable grounds to believe that the disappeared person may be present.
4. Each State Party shall take the necessary measures to prevent and sanction acts that hinder the conduct of the investigations. It shall ensure in particular that persons suspected of having committed an offence of enforced disappearance are not in a position to influence the progress of the investigations by means of pressure or acts of intimidation or reprisal aimed at the complainant, witnesses, relatives of the disappeared person or their defence counsel, or at persons participating in the investigation.

Article 13
1. For the purposes of extradition between States Parties, the offence of enforced disappearance shall not be regarded as a political offence or as an offence connected with a political offence or as an offence inspired by political motives. Accordingly, a request for extradition based on such an offence may not be refused only on these grounds.
2. The offence of enforced disappearance shall be deemed to be included as an extraditable offence in any extradition treaty existing between States Parties before the entry into force of this Convention.
3. States Parties undertake to include the offence of enforced disappearance as an extraditable offence in any extradition treaty subsequently to be concluded between them.
4. If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention as the necessary legal basis for extradition in respect of the offence of enforced disappearance.
5. States Parties which do not make extradition conditional on the existence of a treaty shall recognize the offence of enforced disappearance as an extraditable offence between themselves.
6. Extradition shall, in all cases, be subject to the conditions provided for by the law of the requested State Party or by applicable extradition treaties, including, in particular, conditions relating to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition or make it subject to certain conditions.
7. Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person’s sex, race, religion, nationality, ethnic origin, membership of a particular social group or political opinions, or that compliance with the request would cause harm to that person for any one of these reasons.

Article 14
1. States Parties shall afford one another the greatest measure of mutual legal assistance in connection with criminal proceedings brought in respect of an offence of enforced disappearance, including the supply of all evidence at their disposal that is necessary for the proceedings.
2. Such legal assistance shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable treaties on mutual legal assistance, including, in particular, the conditions in relation to the grounds upon which the requested State Party may refuse to grant mutual legal assistance or may make it subject to conditions.

Article 15
States Parties shall cooperate with each other and shall afford one another the greatest measure of assistance with a view to assisting victims of enforced disappearance, and in searching for, locating and releasing disappeared persons and, in the event of death, in exhuming and identifying them and returning their remains.




Article 16
1. No State Party shall expel, return (“refouler”), surrender or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance.
2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations, including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights or of serious violations of international humanitarian law.

Article 17
1. No one shall be held in secret detention.
2. Without prejudice to other international obligations of the State Party with regard to the deprivation of liberty, each State Party shall, in its legislation:
(a) Establish the conditions under which orders of deprivation of liberty may be given;
(b) Indicate those authorities authorized to order the deprivation of liberty;
(c) Guarantee that any person deprived of liberty shall be held solely in officially recognized and supervised places of deprivation of liberty;
(d) Guarantee that any person deprived of liberty shall be authorized to communicate with and be visited by his or her family, counsel or any other person of his or her choice, subject only to the conditions established by law, or, if he or she is a foreigner, to communicate with his or her consular authorities, in accordance with applicable international law;
(e) Guarantee access by the competent and legally authorized authorities and institutions to the places where persons are deprived of liberty, if necessary with the prior authorisation of a judicial authority ;
(f) Guarantee that any person deprived of liberty and, in the case of a suspected enforced disappearance, the person deprived of liberty not being able to exercise this right, that any person with a legitimate interest, such as relatives of the person deprived of liberty, their representative or their counsel, in all circumstances, shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of the deprivation of liberty and order the release if that deprivation of liberty is not lawful.

3. Each State Party shall assure the compilation and maintenance of one or more up-to-date official registers and/or records of persons deprived of liberty, which shall be made promptly available, upon request, to any judicial or other competent authority or institution authorized for that purpose by the law of the State Party concerned or any relevant international legal instrument to which the State concerned is a party. The information contained therein shall include, as a minimum:
(a) The identity of the person deprived of liberty;
(b) The date, time and location where the person was deprived of liberty and the identity of the authority who deprived the person of liberty;
(c) The authority having decided the deprivation of liberty and the reasons for the deprivation of liberty;
(d) The authority controlling the deprivation of liberty;
(e) The place of deprivation of liberty, the date and time of admission to the place of deprivation of liberty and the authority responsible for the place of deprivation of liberty;
(f) Elements regarding the physical integrity of the person deprived of liberty;
(g) In the event of death during the deprivation of liberty, the circumstances and cause of death and the destination of the human remains;
(h) The date and time of release or transfer to another place of detention, the destination and the authority responsible for the transfer.

Article 18
1. Without prejudice to articles 19 and 20, each State Party shall guarantee to any person with a legitimate interest in this information, such as relatives of the person deprived of liberty, their representative or their counsel, access to at least the following information:
(a) The authority having decided the deprivation of liberty;
(b) The date, time and location where the person was deprived of liberty and admitted to the place of deprivation of liberty;
(c) The authority controlling the deprivation of liberty;
(d) The whereabouts of the person deprived of liberty, including, in the event of a transfer to another place of deprivation of liberty, the destination and the authority responsible for the transfer;
(e) The date, time and place of release;
(f) Elements regarding the physical integrity of the person deprived of liberty;
(g) In the event of death during the deprivation of liberty, the circumstances and cause of death and the destination of the human remains.
2. Appropriate measures shall be taken, where necessary, to protect the persons referred to in paragraph 1, as well as persons participating in the investigation, from any ill-treatment, intimidation or sanction as a result of the search for information concerning a person deprived of liberty.

Article 19
1. Personal information, including medical and genetic data, which are collected and/or transmitted within the framework of the search for a disappeared person shall not be used or made available for purposes other than the search for the disappeared person. This is without prejudice to the use of such information in criminal proceedings relating to an offence of enforced disappearance or the exercise of the right to obtain reparation.
2. The collection, processing, use and storage of personal information, including medical and genetic data, shall not infringe or have the effect of infringing the human rights, fundamental freedoms or human dignity of an individual.

Article 20
1. Only when a person is under the protection of the law and the deprivation of liberty is subject to judicial control, can the right to information referred to in Article 18 be restricted and only on an exceptional basis, where strictly necessary and provided for by law, and if the transmission of the information would undermine the privacy or safety of the person, hinder a criminal investigation, or for other equivalent reasons in accordance with the law, and in conformity with applicable international law and with the objectives of this Convention. In no case shall there be restrictions to the right to information referred to in article 18 that could constitute conduct defined in article 2 or be in violation of article 17, paragraph 1.
2. Without prejudice to consideration of the lawfulness of the deprivation of a person’s liberty, States Parties shall guarantee to the persons referred to in article 18, paragraph 1 the right to a prompt and effective judicial remedy as a means of obtaining without delay information referred to in article 18, paragraph 1. This right to a remedy may not be suspended or restricted in any circumstances.
Article 21
Each State Party shall take the necessary measures to ensure that persons deprived of liberty are released in a manner permitting reliable verification that they have actually been released. Each State Party shall also take the necessary measures to assure the physical integrity of such persons and their ability to exercise fully their rights at the time of release, without prejudice to any obligations to which such persons may be subject under national law.

Article 22
Without prejudice to article 6, each State Party shall take the necessary measures to prevent and impose sanctions for the following conduct:
(a) Delaying or obstructing the remedies referred to in article 17, paragraph 2 (f), and article 20, paragraph 2;
(b) Failure to record the deprivation of liberty of any person, or the recording of any information which the official responsible for the official register and/or records knew or should have known to be inaccurate;
(c) Refusal to provide information on the deprivation of liberty of a person, or the provision of inaccurate information, even though the legal requirements for providing such information have been met.

Article 23
1. Each State Party shall ensure that the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody or treatment of any person deprived of liberty includes the necessary education and information regarding the relevant provisions of this Convention, in order to:
(a) Prevent the involvement of such officials in enforced disappearances;
(b) Emphasize the importance of prevention and investigations in relation to enforced disappearances;
(c) Ensure that the urgent need to resolve cases of enforced disappearance is recognized.
2. Each State Party shall ensure that orders or instructions prescribing, authorizing or encouraging enforced disappearance are prohibited. Each State Party shall guarantee that a person who refuses to obey such an order will not be punished.
3. Each State Party shall take the necessary measures to ensure that the persons referred to in paragraph 1 who have reason to believe that an enforced disappearance has occurred or is planned report the matter to their superiors and, where necessary, to the appropriate authorities or organs vested with reviewing or remedial powers.

Article 24
1. For the purposes of this Convention, “victim” means the disappeared person and any individual who has suffered harm as a direct result of an enforced disappearance.
2. Each victim has the right to know the truth regarding the circumstances of the enforced disappearance, the progress and results of the investigation and the fate of the disappeared person. Each State Party shall take appropriate measures in this regard.
3. Each State Party shall take all appropriate measures to search for, locate and release disappeared persons and, in the event of death, to locate, respect and return their remains.
4. Each State Party shall ensure in its legal system that the victims of enforced disappearance have the right to obtain reparation and prompt, fair and adequate compensation.
5. The right to obtain reparation referred to in paragraph 4 covers material and psychological harm and, where appropriate, other means of reparation such as:
(a) Restitution;
(b) Rehabilitation;
(c) Satisfaction, including restoration of dignity and reputation;
(d) Guarantees of non-repetition.
6. Without prejudice to the obligation to continue the investigation until the fate of the disappeared person has been clarified, each State Party shall take the appropriate steps with regard to the legal situation of the disappeared persons whose fate has not been clarified and that of their relatives, in fields such as social welfare, financial matters, family law and property rights.
7. Each State Party shall guarantee the right to form and participate freely in organizations and associations concerned with contributing to the establishment of the circumstances of enforced disappearances and the fate of disappeared persons, and with assistance to victims of enforced disappearance.

Article 25
1. Each State Party shall take the necessary measures to prevent and punish under its criminal law:
(a) The wrongful removal of children who are subjected to enforced disappearance, children whose father, mother or legal guardian is subjected to enforced disappearance or children born during the captivity of a mother subjected to enforced disappearance;
(b) The falsification, concealment or destruction of documents attesting to the true identity of the children referred to in subparagraph (a).
2. Each State Party shall take the necessary measures to search for and identify the children referred to in paragraph 1 (a) and to return them to their families of origin, in accordance with legal procedures and applicable international agreements.
3. States Parties shall assist one another in searching for, identifying and locating the children referred to in paragraph 1 (a).
4. Given the need to protect the best interests of the children referred to in paragraph 1 (a) and their right to preserve, or to have re-established, their identity, including their nationality, name and family relations as recognized by law, States Parties which recognize a system of adoption or other form of placement of children shall have legal procedures in place to review the adoption or placement procedure, and, where appropriate, to annul any adoption or placement of children that stemmed from an enforced disappearance.
5. In all cases, and in particular in all matters relating to this article, the best interests of the child shall be a primary consideration, and a child who is capable of forming his or her own views shall have the right to express those views freely, the views of the child being given due weight in accordance with the age and maturity of the child.

Article 26
1. A Committee on Enforced Disappearances (hereafter referred to as the Committee) shall be established to carry out the functions provided for under this Convention. The Committee shall consist of 10 experts of high moral character and recognised competence in the field of human rights, who shall serve in their personal capacity and be independent and impartial. The members of the Committee shall be elected by the States Parties according to equitable geographical distribution. Consideration shall be given to the usefulness of the participation to the work of the Committee of persons having relevant legal experience and to balanced gender representation.
2. The members of the Committee shall be elected by secret ballot from a list of persons nominated by the States Parties from among their nationals, at biennial meetings of States Parties convened by the Secretary General of the United Nations for this purpose. At those meetings, for which two thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of votes of the representatives of States Parties present and voting.
3. The initial election shall be held no later than six months after the date of entry into force of this Convention. At least four months before the date of each election, the Secretary General of the United Nations shall address a letter to the States Parties inviting them to submit the nominations within three months. The Secretary General shall prepare a list in alphabetical order of all persons thus nominated, indicating the State Party which nominated each candidate. He/She shall submit this list to all States Parties.
4. The members of the Committee shall be elected for a term of four years. They shall be eligible for re-election once. However, the term of five of the members elected at the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the chairman of the meeting referred to in paragraph 2 of this article.
5. If a member of the Committee dies or resigns or for any other cause can no longer perform his/her committee duties, the State Party which nominated him/her shall, in accordance with the criteria set out in paragraph 1 of this article, appoint another candidate from among its nationals, to serve for the remainder of his/her term, subject to the approval of the majority of the States Parties. The approval shall be considered given unless half or more of the States Parties respond negatively within six weeks after having been informed by the Secretary General of the United Nations of the proposed appointment.
6. The Committee shall establish its own rules of procedure.
7. The Secretary General of the United Nations shall provide the necessary means, staff and facilities for the effective performance of the functions of the Committee. The Secretary General of the United Nations shall convene the initial meeting of the Committee.

8. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
9. Each State Party shall co-operate with the Committee and assist its members in the fulfilment of their mandate, to the extent of the Committee’s functions that the State Party has accepted.

Article 27
A Conference of States Parties will take place at the earliest four years and at the latest six years following the entry into force of this Convention to evaluate the functioning of the Committee and to decide, in accordance with the procedure described in article 44, paragraph 2, whether it is appropriate to transfer to another body – without excluding any possibility - the monitoring of this Convention, in accordance with the functions defined in articles 28 to 36.

Article 28
1. In the framework of the competencies granted by this Convention, the Committee shall co-operate 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 regional intergovernmental organizations or bodies concerned, as well as with all relevant State institutions, agencies or offices working toward the protection of all persons against enforced disappearances.
2. As it discharges its mandate, the Committee shall consult other treaty bodies instituted by relevant international human rights instruments, in particular the Human Rights Committee instituted by the International Covenant on Civil and Political Rights, with a view to ensuring the consistency of their respective observations and recommendations.

Article 29
1. Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a report on the measures taken to give effect to its obligations under this Convention, within two years after the entry into force of this Convention for the State Party concerned.
2. The Secretary-General of the United Nations shall make this report available to all States Parties.
3. Each report shall be considered by the Committee, which shall issue such comments, observations or recommendations as it may deem appropriate. The comments, observations or recommendations shall be communicated to the State Party concerned, which may respond to them, on its own initiative or at the request of the Committee.
4. The Committee may also request further information from State Parties relevant to the implementation of this Convention.

Article 30
1. A request that a disappeared person should be sought and found on an urgent basis may be submitted to the Committee by relatives of the disappeared person or their legal representatives, their counsel or any person authorized by them, as well as by any other person having a legitimate interest.
2. If the Committee considers that the request for urgent action submitted in pursuance of paragraph 1:
(a) Is not manifestly unfounded;
(b) Does not constitute an abuse of the right of submission of such requests;
(c) Has already been duly presented to the competent bodies of the State Party concerned, such as investigative authorities, when this possibility exists;
(d) Is not incompatible with the provisions of this Convention; and
(e) The same matter is not being examined under another procedure of international investigation or settlement of the same nature;
it shall request the State Party concerned to provide it with information on the situation of the person concerned, within a time limit set by the Committee.
3. In the light of the information provided by the State Party concerned in accordance with paragraph 2, the Committee may transmit recommendations to the State Party including a request that the State Party take all appropriate measures, including interim measures, to locate and protect the person in accordance with this Convention and inform the Committee within a specified period of time, of measures taken, taking into account the urgency of the situation. The Committee shall inform the person submitting the urgent action request of its recommendations and of the information provided to it by the State as it becomes available.
4. The Committee shall continue its efforts to work with the State Party concerned for as long as the fate of the person sought remains unresolved. The person presenting the request shall be kept informed.

Article 31
1. A State Party may at the time of ratification or at any time afterwards declare that it recognises 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 the provisions of this Convention. No communication shall be received by the Committee if it concerns a State Party which has not made such a declaration.
2. The Committee shall consider a communication inadmissible when:
(a) The communication is anonymous;
(b) The communication constitutes an abuse of the right of submission of such communications or is incompatible with the provisions of this Convention;
(c) The same matter is being examined under another procedure of international investigation or settlement; or when
(d) All effective available domestic remedies have not been exhausted. This rule shall not apply where the application of the remedies is unreasonably prolonged.
3. If the Committee considers that the communication meets the requirements set out in paragraph 2, it shall transmit the communication to the State Party concerned, requesting it to provide observations and comments within a time limit set by the Committee
4. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State Party concerned for its urgent consideration a request that the State Party take such interim measures as may be necessary to avoid possible irreparable damage to the victim or victims of the alleged violation. Where the Committee exercises its discretion, this does not imply a determination on admissibility or on the merits of the communication.
5. The Committee shall hold closed meetings when examining communications under the present article. It shall inform the author of the communication of the responses provided by the State Party concerned. When the Committee decides to terminate the procedure it shall communicate its views to the State Party and to the author of the communication.

Article 32
1. If the Committee receives reliable information indicating grave violations by a State Party of this Convention, it may, after consultation with the State Party concerned, request one or more of its members to undertake a visit and report back to it without delay.
2. The Committee shall notify the State Party concerned in writing of its intention to organise a visit, indicating the composition of the delegation and the purpose of the visit. The State Party shall answer the Committee within a reasonable time.
3. Upon a substantiated request by the State Party, the Committee may decide to postpone or cancel its visit.
4. If the State Party agrees to the visit, the Committee and the State Party concerned shall work together to define the modalities of the visit and the State Party shall provide the Committee with all the facilities needed for the successful completion of the visit.
5. Following its visit, the Committee shall communicate to the State Party concerned its observations and recommendations.

Article 33
A State Party to this Convention may at any time declare that it recognises the competence of the Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under this Convention. The Committee shall not receive communications concerning a State Party which has not made such a declaration, nor communications from a State Party which has not made such a declaration.

Article 34
If the Committee receives information which appears to it to contain well-founded indications that enforced disappearance is being practised on a widespread or systematic basis in the territory under the jurisdiction of a State Party, it may, after seeking from the State Party concerned all relevant information on the situation, urgently bring the matter to the attention of the General Assembly of the United Nations, through the Secretary General of the United Nations.


Article 35
1. The Committee shall have competence solely in respect of enforced disappearances which commenced after the entry into force of this Convention.
2. If a State becomes a party to this Convention after its entry into force, the obligations of that State vis-à-vis the Committee shall relate only to enforced disappearances which commenced after the entry into force of this Convention for the State concerned.

Article 36
1. The Committee shall submit an annual report on its activities under this Convention to the States Parties and to the General Assembly of the United Nations.
2. Before an observation on a State Party is published in the annual report, the State Party concerned shall be informed in advance and shall be given reasonable time to answer. This State Party may request the publication of its comments or observations in the report.

Article 37
Nothing in this Convention shall affect any provisions which are more conducive to the protection of all persons from enforced disappearance and which may be contained in :
a) the law of a State Party;
b) International law in force for that State.

Article 38
1. This Convention is open for signature by all Member States of the United Nations Organisation.
2. This Convention is subject to ratification by all Member States of the United Nations Organisation. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3. This Convention is open to accession by all Member States of the United Nations Organisation. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.



Article 39
1. This Convention shall enter into force on the thirtieth day after the date of deposit of the twentieth instrument of ratification or accession.
2. For each State ratifying this Convention or acceding to it after the deposit of the twentieth instrument of ratification or accession, this Convention shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.

Article 40
The Secretary-General of the United Nations shall inform all States Members of the United Nations and all States which have signed this Convention or acceded to it of the following:
(a) Signatures, ratifications and accessions under article 38;
(b) The date of entry into force of this Convention under article 39.

Article 41
The provisions of this Convention shall extend to all parts of federal States without any limitations or exceptions.

Article 42
1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention which cannot be settled through negotiation or by the procedures expressly provided for in this Convention shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organisation of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
2. Each State may, at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by paragraph 1 of this article. The other States Parties shall not be bound by paragraph 1 of this article with respect to any State Party having made such a declaration.
3. Any State Party having made a declaration in accordance with paragraph 2 of this article may at any time withdraw this declaration by notification to the Secretary-General of the United Nations.

Article 43
This Convention is without prejudice to the provisions of international humanitarian law, including the obligations of the High Contracting Parties to the four Geneva Conventions of 12 August 1949 and the additional protocols thereto of 8 June 1977, or to the opportunity available to any State Party to authorize the International Committee of the Red Cross to visit places of detention in situations not covered by international humanitarian law.

Article 44
1. Any State Party to this Convention may propose an amendment and file it with the Secretary-General of the United Nations. The Secretary-General shall thereupon communicate the proposed amendment to the States Parties to this Convention with a request that they indicate whether they favour a conference of States Parties for the purpose of considering and voting upon the proposal. In the event that within four months from the date of such communication at least one third of the States Parties favour such a conference, the Secretary-General shall convene the conference under the auspices of the United Nations.
2. Any amendment adopted by a majority of two thirds of the States Parties present and voting at the conference shall be submitted by the Secretary-General to all the States Parties for acceptance.
3. An amendment adopted in accordance with paragraph 1 of this article shall enter into force when two thirds of the States Parties to this Convention have accepted it in accordance with their respective constitutional processes.
4. When amendments enter into force, they shall be binding on those States Parties which have accepted them, other States Parties still being bound by the provisions of this Convention and any earlier amendment which they have accepted.

Article 45
1. This Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of this Convention to all States.