IN January 15 and 16, the World Congress on Enforced Disappearances was held in Geneva, Switzerland. It brought together civil society organisations, experts, activists, victims and government representatives.
This gathering marks a turning point in the global fight against one of the most severe and persistent human rights violations: enforced disappearance.
The congress took place against a backdrop of ongoing threats of enforced disappearances affecting millions of people in various countries.
According to the UN Committee on Enforced Disappearances, this practice impacts not only the direct victims but also their families, communities, and entire societies.
The anguish of those searching for their missing loved ones is often compounded by the lack of answers, impunity, and state indifference.
Nearly 20 years after the adoption of the Convention, the congress created an opportunity for concrete and ambitious commitments to eradicate enforced disappearance everywhere in the world, putting victims’ voices and rights at the core of the strategy.
Kenya should criminalise enforced disappearance through ratifying and implementing the International Convention on Enforced Disappearance in accordance with Article 2(5) and (6) of the Constitution of Kenya.
A legislation should be enacted to supplement the Convention and determine the period and manner with which a person is removed from the protection of the law and be regarded as an enforced disappearance.
Ultimately, the victims should be accorded proper compensation and provided with facilities for rehabilitation.
Victims experience trauma, stress and depressions making rehabilitation crucial for them. The congress noted that most countries labelled many enforced disappearances as abductions and/or kidnappings.
The law enforcement agencies are mostly complicit to these crimes against humanity, hence, posing a major challenge for domestic courts to investigate and prosecute.
Domestic courts tend to punish these heinous crimes decades later, especially when there has been a change in regime.
Judges and lawyers should be afforded capacity building training on matters pertaining to International Criminal Law for efficient determination of international crimes.
The general rule of the thumb is that enforced persons are taken alive and should be released alive. Relatives should participate fully in the search for enforced disappeared loved ones.
They should be included in search processes. States should combat corruption to disable impunity. Kenyan authorities should listen to families of the enforced disappeared persons for effective search.
Kenya has witnessed a number of enforced disappearances since the youth-led demonstrations against the Finance Bill and cost of living. Like Bangladesh, a Committee of Inquiry should be established, accorded powers equal to a tribunal and have full access to all resources for proper investigations.
Families of the enforced disappeared persons can share their reports with the committee. The committee should, therefore, finalise by giving recommendations like reparations to the victims and their affected families.
Kithinji Nturibi is a law student at Mount Kenya University