Declaração da Delegação do Brasil em reunião do Conselho de Segurança sob Fórmula Arria sobre a proteção de civis em conflitos armados e a prevenção e resposta a casos de desaparecimentos no mundo - 12 de junho de 2024 (texto em inglês)

Statement by the delegation of Brazil during the Arria-formula meeting on “Protection of Civilians in Armed Conflict: prevent and respond to persons going missing across the globe”
June 12th, 2024

Madam Chair,

I thank Switzerland and the Global Alliance for the Missing for organizing an event on a topic that deserves greater attention. I am also grateful to the briefers for their insights.

Brazil is deeply aware of the serious effects of disappearance on individuals and societies. This is especially true when it comes to enforced disappearance. Countries affected by it have to grapple with considerable challenges to account for the missing. However, we must not falter in our resolve to address enforced disappearance.

Even in war, parties must uphold minimum standards of humanity. This is essential for building trust and laying the groundwork for peaceful settlements.

International humanitarian law mandates that States and parties to conflict take all feasible measures to account for persons reported missing because of armed conflict. This includes maintaining proper records of all individuals detained; ensuring the humane treatment of detainees; and adhering to rules of engagement that reduce civilian casualties. These obligations are binding.

A few measures can go a long way toward decreasing the number of missing people.

Preventing conflict and tackling its root causes should be the basis to avoid this tragic phenomenon. The Security Council must resort more frequently to the tools of Chapter VI of the UN Charter and act decisively upon early signs of building tensions to achieve political, peaceful solutions.

Resolution 2474 brings a set of preventive measures that States can take. They include the adoption of appropriate legislation, detainee registration, the provision of means of identification, the setup of data-collecting bodies and grave and death registration services.

Resolution 2474 also specifies measures that parties to conflict must implement to minimize the risk of disappearance in conflict or gather data that will help tracing the missing.

States must establish and maintain mechanisms for the effective search, recovery, and identification of missing persons, including the proper handling of human remains. Clarifying the fate and whereabouts of missing persons and providing families with any available information are fundamental obligations under international humanitarian law.

As a rule, peace processes should include the establishment of mechanisms of transitional justice and tackle the questions of enforced disappearances in all seriousness.

Brazil takes this opportunity to commend the ICRC and other life-saving humanitarian organizations for their longtime work to prevent people from going missing and facilitating family contact and reunification.

We deplore the rise in attacks against humanitarian organizations and personnel in recent conflicts, and hope that Security Council resolution 2730, an initiative first proposed by Brazil last year and then led by Switzerland, will contribute to their protection. 

Brazil has ratified the Inter-American Convention on Forced Disappearance of Persons, adopted at Belém do Pará, on 9 June 1994, at the twenty-fourth regular session of the General Assembly of the OAS. This important regional instrument recognizes that the systematic practice of the forced disappearance of persons constitutes a crime against humanity.

It is regrettable that, so far, only 74 states are parties to the International Convention for the Protection of All Persons from Enforced Disappearance. Enforced disappearance is a serious violation of international law and will remain a weapon of warfare or political repression if those responsible for it are not held accountable.

Thank you.