In Latin America and the Caribbean, Enforced Disappearances Hinder Democracy
This Friday, August 30, marks the International Day of the Victims of Enforced Disappearances. We spoke with Ecuadorian lawyer Juan Pablo Albán, member of the United Nations Committee on Enforced Disappearances (CED), and analyzed the situation in some of the countries where we work.
Washington D.C., August 30, 2024 – In Venezuela, a month after its disputed presidential elections, more than two thousand people have been victims of forced disappearances and arbitrary detentions, according to the organizations Provea and Foro Penal. In Mexico, “there are around 110 thousand people who are missing to date,” according to the UN Committee on Enforced Disappearances (CED). Meanwhile, in Cuba, according to the Working Group on Enforced or Involuntary Disappearances, there are cases of activists who are “victims of short term forced disappearances.”
The situation in these three countries is evidence of serious human rights violations in Latin America and the Caribbean, according to the member of the Committee on Enforced Disappearances, Ecuadorian lawyer Juan Pablo Albán, with whom we spoke on International Day of the Victims of Enforced Disappearances, this Friday, August 30.
Enforced disappearances occur “whenever persons are arrested, detained or transferred against their will, or otherwise deprived of their liberty by government agents of any sector or level, by organized groups or by private individuals acting on behalf of the Government or with its direct or indirect support, and who then refuse to disclose the fate or whereabouts of such persons, or to acknowledge that they are deprived of their liberty,” according to the United Nations.
This is precisely what is constantly occurring in Latin America and the Caribbean, where, according to Albán, the highest number of forced disappearances in the world is registered, with Mexico being the country where this type of human rights violation has been documented the most.
“The most notable trends in the region and in the world have to do with disappearances committed by non-state actors, disappearances in the migratory situations, disappearances in the context of protest suppression, or under the argument of the fight against terrorism or organized crime, and disappearances of people who are labeled as potential members of gangs, organized crime gangs or terrorist groups,” says the member of the Committee on Enforced Disappearances of the United Nations.
Albán assures that when cases of forced disappearance are registered in a country, the quality of democracy is lessened because there is no social debate. “States lose a lot when they do not respond, do not confront this phenomenon, and worse still, when they practice forced disappearance as a state policy,” he adds.
Colombia
The phenomenon of forced disappearances in Colombia has been a persistent problem for more than six decades, and is closely linked to the armed conflict that ravaged the country. According to the Truth Commission, between 1985 and 2016, approximately 121,768 cases of forced disappearances were reported, although it is estimated that the figure could be as high 210,000 victims. This problem has also affected the migrant population, especially Venezuelans. According to the Andrés Bello Catholic University, from 2015 to 2020, 836 Venezuelan people were reported missing in Colombia. However, an absence of accurate data has hindered a complete assessment of the magnitude of these human rights violations.
In the framework of the 2021 National Strike, 4,846 transfers for temporary protection were documented, a legal figure that has been questioned for its arbitrary use and its impact on the rights of protesters. Despite the Constitutional Court’s resolution that requires detailed reports and the right to request the cessation of the transfer, these practices continue today and remain problematic, with numerous cases of abuse reported, including torture and sexual violence.
The handling of enforced disappearances in Colombia faces several critical challenges, such as the failure of the Attorney General’s Office to activate the Urgent Search Mechanism (MBU); the lack of compliance with international recommendations; and the use of euphemisms by the Government to minimize the seriousness of the problem. In addition, the underreporting of cases and the discrepancy between official figures and those reported by civil society organizations complicate the accurate assessment of the phenomenon. These issues underscore the need for comprehensive reform in police practices, and improved transparency and effectiveness in the state’s response to enforced disappearances.
Cuba
In Cuba, between January 2022 and July 2024, “93 incidents of human rights violations were recorded, which included conditions of forced disappearance for several hours, days, and even more than a week”, according to the organization Cubalex. The Ladies in White movement has reported that between 2013 and June 2024, 3,904 arbitrary detentions and forced disappearances have been documented against members of this women’s collective. Most have been victims on repeated occasions, and for periods ranging from 24 to 72 hours.
These types of forced disappearances, which are not prolonged as in Colombia, mainly affect activists, independent journalists, artists and, in general, anyone who disagrees with the official discourse.
A report of the Working Group on Enforced or Involuntary Disappearances of July 2024, also expressed concern about the arrests and excessive use of force exercised by the Police during the historic demonstrations of July 11, 2021, known as 11J. According to this UN Special Procedure, most of the persons detained in that context did not appear before a judicial authority until many days, weeks or months later, and before that the fate and whereabouts of the detainees were unknown, which constituted an act of enforced disappearance.
Nicaragua
In Nicaragua nine persons are in a situation of forced disappearance, according to the Registration Unit (UDR). Among these persons are indigenous leader Brooklyn Rivera, and journalist and cultural affairs director Fabiola Tercero.
Brooklyn Rivera, 72 years old, is an indigenous Miskitu, regional deputy (2022-2026) and a leader of the Miskitu people (Ta Upla) and of the indigenous party YATAMA (Yapti Tasba Masraka Nanih Aslatakanka, “Children of Mother Earth united”). His family has had no knowledge of his whereabouts since September 29, 2023. In January of this year, the Office of the United Nations High Commissioner for Human Rights (OHCHR) stated that Rivera is in “enforced disappearance” and advocated for his release.
Fabiola Tercero is a journalist, activist and founder of “El rincón de Fabi”, a project that aims to promote reading among young Nicaraguans. Her home was raided on July 12 and since then her whereabouts are unknown, as are those of her mother and sister.
In an interview with the Spanish newspaper El País, the director of the Legal Defense Unit (UDJ), Alexandra Salazar, affirmed that the authorities refuse to provide information on the whereabouts of these people. “In such a way that there is no certainty of their conditions of detention, nor verification of their state of health and life,” she added. In addition, the UDJ identified cases in which prison authorities recommended that family members look for political detainees “in the morgues,” which increases anguish and constitutes an additional form of torture.
For its part, the Working Group on Enforced or Involuntary Disappearances, in its July 2024 report, stated that “short-term” enforced disappearances have been used as a “tool to repress opponents and critics of the Government” since 2018. The Group also emphasized that the State must promptly provide accurate information about the detention of persons deprived of their liberty and the place(s) they are held to their family members and any other person with a legitimate interest (art. 10, para. 2, of the Declaration), and that failure to do so constitutes an enforced disappearance.
Peru
In the case of Peru, according to the National Registry of Missing Persons and Burial Sites (Renade) of the Ministry of Justice and Human Rights, between 1980 and 2000, during the internal armed conflict, there were 21,918 missing persons, of which the whereabouts of 19,200 cases have yet to be determined. To date, the search for 2,718 missing persons has been completed, of which 39 were found alive. In addition, 682 skeletal remains were identified and returned to the families. At the beginning of July 2024, the Inter-American Commission on Human Rights (IACHR) pronounced itself on the restitution of remains in the Putis case, encouraging the State to continue the search, identification, dignified restitution and prosecution of those responsible.
Unfortunately, the country has seen regression in the access to justice, the right to truth and reparation for the victims of forced disappearances. Recently, the Congress of the Republic approved Law 32107 that prescribes crimes against humanity or war crimes committed before July 1, 2002, that is, before the entry into force of the Rome Statute of the International Criminal Court and the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity. With this law, no one may be prosecuted, convicted or punished for forced disappearances, genocide, slavery, terrorism, systematic and widespread torture, and other crimes against humanity committed during the armed conflict.
“All this is to give impunity to Fujimori and others involved in serious human rights violations,” Albán emphasizes. In fact, the acts committed by former president Alberto Fujimori led to the declaration of Peru’s international responsibility in the Barrios Altos and La Cantuta cases, which were resolved by the Inter-American Court of Human Rights (IACHR) and in which several of these actions have been classified as crimes against humanity.
Last June, through a communiqué, the IACHR expressed that the proposed law is contrary to international law and warned that it “openly disobeys the sentences of the IACHR Court.” In the same vein, Volker Turk, UN High Commissioner for Human Rights, said in a recent statement that these crimes should not be subject to amnesties or statutes of limitation. However, nothing prevented Congress from approving the law.
The cases of forced disappearances described in Colombia, Cuba, Nicaragua and Peru are evidence of the serious human rights violations that also occur throughout Latin America and the Caribbean, and which, at the same time, hinder democracy in the region.
According to CED member Juan Pablo Albán, it is necessary that in each of these countries a culture of denunciation is promoted, cases are documented, protection channels are used, and more States that make up the United Nations General Assembly commit themselves to fight against this phenomenon, in order to reduce the number of forced disappearances worldwide.
From the Institute on Race, Equality and Human Rights (Race and Equality) we commemorate the International Day of the Victims of Enforced Disappearances, and emphasize that this type of violence affects thousands of human beings including activists, human rights defenders, indigenous peoples, artists of the region, and opposition members or people who are perceived as such, as well as their families, including children who suffer from this institutional violence, or by other actors. We condemn this phenomenon and call on the authorities in Latin America and the Caribbean to commit to finding those who are still missing, and to protect critical and dissident voices. We also urge independent civil society to continue to denounce this violence before international human rights protection mechanisms.
