A/HRC/59/49 by agents of the State or by persons of groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law”. 9 As stated by the Committee on Enforced Disappearances, the “principal distinctive element between a migrant going missing and a migrant becoming a victim of disappearance is the commission of a crime against a migrant as provided in articles 2, 3 and 5 of the Convention”.10 Missing persons encompass a broader category than enforced disappearances, defined as persons whose whereabouts are unknown to their relatives or who, on the basis of reliable information, have been reported missing in connection with an international or non-international armed conflict, a situation of internal violence or disturbances, natural catastrophes or any other situation that may require the intervention of a competent State authority.11 The nature of the policies and frequent and deliberate omissions of State actors to prevent disappearances can, in certain circumstances, be construed as forms of acquiescence, classifying such disappearances as enforced disappearances.12 8. When migrants go missing or are subjected to enforced disappearance, their family members suffer anguish and distress as a result of not knowing their whereabouts or fate. This is documented in all cases of missing persons, not just enforced disappearances. Inadequate or deficient search and identification mechanisms prolong this state of uncertainty and effectively deny family members their right to know the circumstances of the disappearance, the progress or results of investigations and the fate of their relatives.13 The xenophobic, nationalist and racist discourses that stigmatize migrants as scapegoats for societal ills exacerbate a climate of fear and frequently prompt migrants not to report the disappearances, including enforced disappearances, of their loved ones or to pursue search operations and investigations, including criminal investigations. 14 9. The report builds on the observations of previous reports by special procedure mandate holders and treaty bodies that have assessed the scope of the situation, namely by the Working Group on Enforced and Involuntary Disappearances in 2017, the Committee on Enforced Disappearances in 2023 and the recommendations submitted by the Secretary-General in 2024.15 The report further reiterates the objectives of the 2018 Global Compact for Safe, Orderly and Regular Migration, in particular objective 8 on saving lives and establishing coordinated international efforts on missing migrants, aimed at preventing migrant deaths and injuries. The Special Rapporteur welcomes positive changes by States in establishing mechanisms to prevent, investigate and sanction migrant disappearances. He notes, however, that the acuteness and gravity of the phenomenon, in particular the grave situation with regard to missing and disappeared persons, continues to this day. 10. The Special Rapporteur welcomes the written submissions received from Member States, civil society organizations, international organizations, United Nations agencies, family members of the disappeared and victims in response to his call for inputs to the report.16 9 10 11 12 13 14 15 16 International Convention for the Protection of All Persons from Enforced Disappearance, art. 2. Committee on Enforced Disappearances, general comment No. 1 (2023), para. 4. International Committee of the Red Cross (ICRC), Guiding Principles/Model Law on the Missing: Principles for Legislating the Situation of Persons Missing as a Result of Armed Conflict or International Violence (Geneva, 2009), art. 2 (1). See A. R. Fischer and B. Duhaime, “The Purloined Letter”: Migrant Disappearances, Systematic Impunity, and States’ Risk Awareness”, Canadian Yearbook of International Law (November 2024). Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), art. 32; International Convention for the Protection of All Persons from Enforced Disappearance, art. 24; and E/CN.4/1435, para. 187. A/72/335, para. 10. See A/HRC/36/39/Add.2; Committee on Enforced Disappearances, general comment No. 1 (2023); and A/79/590, annex. See https://www.ohchr.org/en/calls-for-input/2024/call-input-report-phenomenon-missing-migrantshuman-rightsanalysis?fbclid=IwZXh0bgNhZW0CMTAAAR0jlRd3nVy8Gs_Qs8fU1vujyRytcrMSzvyF8WT3JDF xGo--2cClzdc3Np0_aem_YT4YcNGg6dppwYvoRUq0EQ. 3