Poland Ratifies the UN Convention on Enforced Disappearances
28.10.2024
Poland is set to ratify the UN Convention on Enforced Disappearances, 11 years after signing it. On November 5, 2024, the law enabling this ratification will come into effect. The initiative was spearheaded by Minister of Justice Adam Bodnar, for whom achieving this ratification was a priority. In May 2024, Minister Bodnar also inaugurated the session of the UN Working Group on Enforced or Involuntary Disappearances.
Poland signed the Convention in June 2013 but had not ratified it until now.
Minister of Justice Adam Bodnar initiated the process leading to its ratification. A law facilitating this step was created and will come into force on November 5, 2024.
In May 2024, Minister Bodnar inaugurated a session of the UN Working Group on Enforced or Involuntary Disappearances, composed of independent experts. Representing Poland in the group is Dr. Grażyna Baranowska, a specialist in human rights protection. The group’s primary task is to examine individual cases of enforced disappearances and monitor the implementation of the Convention by its state parties. The group also prepares reports and issues opinions.
Currently, most reports of enforced disappearances arise in the context of Russia's invasion of Ukraine and repression of the opposition in Belarus. Ratifying the Convention has been a major priority for Minister Bodnar and represents a significant step in expanding the protection of human rights. Poland’s accession to the countries that have ratified the Convention will strengthen the efforts of the UN and underscore Poland's international commitment in this field.
Ratification of the UN Convention on Enforced Disappearances Obligates Poland To:
- Treat enforced disappearance as a distinct crime under the Penal Code.
- Recognize as victims of enforced disappearance not only the disappeared individuals themselves but also those who suffer directly as a result of the disappearance.
- Acknowledge the authority of the Committee on Enforced Disappearances to oversee implementation of the Convention.
The UN Convention defines enforced disappearance as any form of deprivation of liberty carried out by representatives of the state or individuals acting with state authorization or consent. A second element of the definition is the state’s concealment of information about the person’s fate and whereabouts. Perpetrators of enforced disappearances can be prosecuted under international criminal law.
To date, 76 countries, including most Council of Europe members and 18 EU countries, have ratified the Convention.