The role of the United Nations in implementing the right to the truth in relation to enforced disappearance: the case of Mexico

An estimated 100,000 enforced disappearances have been committed in Mexico from the “dirty war” of the 1960s-1980s until the present day. Unresolved cases of enforced disappearances cause prolonged anguish and sorrow for the victims and are a serious failure by the State to fulfil its obligation to protect all persons from this crime. Guaranteeing the right to the truth in relation to enforced disappearance is crucial for resolving enforced disappearances and the State is under an obligation to do so. The present study departs from the observation that there are considerable and long-standing challenges for the practical implementation of the right to the truth in relation to enforced disappearance in Mexico, and that the United Nations – through the dedicated human rights expert bodies – has a crucial role in assisting in its effective implementation in the country. It first examines the right to the truth specifically in respect of enforced disappearance and identifies the legal requirements for its implementation, based on the work of the Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances on this topic. It then examines to what extent the Mexican government has implemented this right and explores the role that the United Nations has played, and could further play, in assisting in its implementation through its specialized human rights entities. The study’s findings and conclusions aim to provide options relevant for Mexico and to advance the discussion on how the United Nations can work with the Government to further the implementation of this right.