National Mechanisms for Missing Persons: A toolbox

In June 2019, the United Nations Security Council (UNSC) underscored the importance of mechanisms in Resolution 2474, in which it stressed the need “to take all appropriate measures, to actively search for persons reported missing” and “to strengthen(ing) the role and capacity of the existing national, regional and international mechanisms”. It called on member states to exchange experiences and best practices, which can contribute to comprehensive responses to the issue of missing persons in armed conflict.
However, despite the above-mentioned experiences, to date, few standards or guidance documents exist to advise states and other actors on how to establish or strengthen such mechanisms.

Against this background, practitioners, experts and representatives of families from around the world gathered in Nicosia, Cyprus in October 2019 to share insights and lessons learned from their work with such mechanisms in the context of armed conflict and other situations of violence. The
expert meeting was a valuable opportunity for exchange and learning, and enabled participants to identify common principles and features considered to be fundamental for the effective functioning of mechanisms for missing persons. While participants acknowledged that there is no one-size-fits-all solution, they agreed on the need for practical guidance and tools to support the establishment and functioning of such mechanisms and committed to engaging in a process to develop them.

Although these guidance notes focus primarily on so-called national mechanisms, the guidance contained in several of the notes is equally relevant for other mechanisms, such as
coordination mechanisms set up between former parties to armed conflict.

Drawing on experiences in a diverse range of contexts around the world, the following notes provide guidance on subjects such as the underlying legal framework and mandates of mechanisms, the role and needs of families of missing persons, the importance of political will, and the management and protection of relevant data.

This guidance note describes how contextual realities will influence the establishment, scope and functioning of national mechanisms dealing with missing persons. It explains the importance
of a clear mandate and sets out key elements of such mechanisms, including their
objectives, organizational set-up and relationship with other authorities and powers, legal
status, and representation and participation of relevant constituencies.

A mechanism should be guided by the multifaceted needs of the families of persons and its objectives designed to meet those needs.
This guidance note examines how a mechanism can support the families of missing persons. It underscores the importance of carrying out an assessment to ascertain the families’ specific difficulties, needs and expectations, and provides a brief overview of the different needs that families of missing persons may have.

The objective of a mechanism is to ensure a comprehensive institutional and procedural response to the missing and the needs of their families. In order to ensure the response is appropriate, multidisciplinary, integrated and effective, it is important to ascertain existing capacities, identify gaps and challenges, and design a strategy to create or complement the response. This guidance note provides an overview of the actors involved, directly or indirectly, in clarifying the fate and whereabouts of missing persons and meeting the needs of families. It also highlights some practical challenges that could affect the response and recommends an assessment of existing capacities prior to designing the mechanism’s activities and response.

The mechanism should ensure the effective participation of families of missing persons in both the process to establish and the operation of the mechanism. This guidance note underscores the importance of family involvement in the mechanism and provides an overview of the possible roles they can play. It examines the formation and activities of family associations and outlines the opportunities that could be explored, as well as some of the challenges that may need to be addressed.