KENYA: Children's rights in UN Treaty Body reports

Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purpose of clarity.

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• UN Human Rights Committee
• UN Committee on Economic, Social and Cultural Rights
• UN Committee on the Elimination of Racial Discrimination
• UN Committee on the Elimination of Discrimination against Women
• UN Committee against Torture
• UN Committee on Migrant Workers
• UN Committee on the Rights of Persons with Disabilities
• UN Committee on Enforced Disappearance

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UN Human Rights Committee

CCPR/C/KEN/CO/3
Last reported: 17 July 2012
Concluding Observations issued: 31 August 2012

Issues raised:

Female gential mutilation: While welcoming the enactment of the Prohibition of Female Genital Mutilation Act, 2011 and the adoption of a National Policy for the abandonment of female genital mutilation (FGM), the Committee is still concerned at the prevalence of female genital mutilation and other harmful traditional practices such as “wife inheritance” and “ritual cleansing” in various parts of the State party. The Committee is also concerned at continuing reports of gender-based violence throughout the State party (arts. 3 and 7).  Para 15

The State party should adopt a comprehensive approach to preventing and addressing FGM, and gender-based violence in all its forms and manifestations. In this regard, the State party should improve its research and data collection methods in order to establish the extent of the problem, its causes and consequences on women. The State party should vigorously implement the Sexual Offences Act of 2006 and finalize the draft Prosecution Guidelines on Sexual Offences and Gender Based Violence, and enact legislation on the protection against domestic violence. The State party should ensure that cases of FGM and domestic violence are thoroughly investigated and that the perpetrators are brought to justice, and the victims adequately compensated.

Juvenile justice: The Committee recalls its previous concluding observations (CCPR/CO/83/KEN, para. 24) and regrets that the age of criminal responsibility in the State party remains at 8 years. The Committee is also concerned that the juvenile justice system in the State party is underdeveloped and in many instances juveniles are held in detention facilities and prisons with adults (arts. 2, 10 and 24). Para 22.

The Committee reiterates its previous recommendation (CCPR/CO/83/KEN, para. 24) that the State party raise the minimum age of criminal responsibility in line with international standards. The State party should also, as a matter of priority, develop its juvenile justice system so that it extends to rural areas. Furthermore, the State party should ensure that juveniles are segregated from adults in all places of detention and prisons.

Birth registration: While welcoming the recent legislative developments with regard to citizenship under the new Constitution and the Kenya Citizenship and Immigration Act of 2011, the Committee is concerned at the slow registration of children’s births in the State party. The Committee is also concerned that the State party has not yet resolved the problem involving the rights of children of Nubian descent to citizenship and national identification cards, and notes that the decision of the African Committee of Experts on the Rights and Welfare of the Child in the case IHRDA and Open Society Justice Initiative (OSJI) (on behalf of children of Nubian descent in Kenya) v. Kenya has not been implemented (art. 2 and 24). Para 23.

The State party should adopt necessary programmes and budgetary measures to ensure universal birth registration at an early stage in the life of all children born in the territory of the State party. The State party should also ensure that the rights and entitlements of all children of Nubian descent, and other children in a similar situation, to citizenship and national identity cards are fully respected.

(CCPR/CO/83/KEN)
Last Reported: 29 April 2005
Concluding observations adopted: 17 July 2006

Concerns raised:

• Female genital mutilation (FGM):  children: The Committee remains concerned that despite the recent ban on FGM of children, the practice persists particularly in rural areas of the country.

  The Committee urges the State party to increase efforts to combat the practice of FGM and step up the awareness campaign launched by the Ministry of Gender, Sports, Culture and Social Services. (Para 12)

  
   
• Age of criminal responsibility: The Committee is concerned about the extremely low age of criminal responsibility, namely 8 years, which cannot be considered compatible with article 24 of the Covenant.

  The State party is urged to increase the minimum age of criminal responsibility. (Para 24)

  
   
• Trafficking and prostitution of children: The Committee is concerned about allegations of trafficking of children and instance of child prostitution, as well as the State party's failure to prosecute and punish trafficking offences that have come to the authorities' knowledge and to afford adequate protection to victims.

  The Committee urges the State party to: (a) adopt specific anti-trafficking legislation, including for the protection of human rights of victims, and actively investigate and prosecute trafficking offences, and (b) implement policy across government for the eradication of trafficking and for the provision of support to victims of trafficking. (Para 25)

  
   
• Child labour: The Committee expresses its concern at the prevalence of the phenomenon of child labour in particularly in Kenya's commercial agricultural sector.

  The Committee urges the State party to intensify its efforts to combat and reduce the incident of child labour. (Para 26)

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UN Committee on Economic, Social and Cultural Rights
(E/C12/KEN/CO/2-5)

Concluding Observations  on the Combined Second to Fifth Periodic Reports

Adopted by Commmittee: 25-26 February 2016

Published: 4 March 2016

Issues Raised:

Ratification and State Policies:

The Committee also welcomes the adoption by the State party of the Basic Education Act, 2013 as well as the Prohibition of Female Genital Mutilation Act, 2011

(para.4)

Domestic Violence:

While welcoming the adoption of the Protection against Domestic Violence Act, the Committee is concerned that the Act is not effectively enforced and that domestic violence is still pervasive, particularly against women, children and persons with disabilities and that the majority of cases of domestic violence go unreported.

(para. 37)

Malnutrition and Access to Food:

The Committee is concerned at the prevalence of chronic malnutrition and the high level of stunting, particularly among children and those living in arid and semi-arid areas.

(para.43)

HIV/AIDS:

The Committee is concerned at the high rates of HIV/AIDS and of new infections and the high mother-to-child transmission rate (MTCT) which contributes a high level of under-five child mortality. It is also concerned that the MTCT is criminalized. It is also concerned at the large gap between children and adults in receiving antiretroviral treatment (ART) and the low retention rate of womenon ART within a year of initiation. While welcoming the High Court decision on the HIV and AIDS Prevention and Control Act, it is concerned that the State party has not yet implemented the decision.

(para. 55)

Right to Education:

The Committee is conc erned that the State party has not dedicated sufficient resources to finance school facilities and qualified teachers, to ensure effective enjoyment of the right tofree primary education for all. It is also concerned that inadequacies in the public schooling system have led tothe proliferation of so-called “low-cost private schools”  which has led tosegregation or discriminatory access to education particularly for disadvantaged and marginalized children, including children living in informal settlements and arid and semi-arid areas.

(para. 57)

(E/C.12/KEN/CO/1)
Last reported: 1 December 2008
Concerns raised:

• Trafficking of children: The Committee notes with concern the absence of statistical data on the reported number of persons, in particular women and children, trafficked to, from and within the State party for purposes of sexual exploitation and forced labour. It also notes that provisions criminalising trafficking of persons for the purpose of sexual exploitation and trafficking of children are rarely enforced and that, if they are enforced, sentences are frequently lenient.

  The Committee recommends that the State party (a) enact the Anti-Trafficking Bill (2007); (b) train police officers, prosecutors judges and health and social workers, on the strict application of the provisions of the Sexual Offences Act (2006) and the Children Act (2001) criminalizing trafficking of persons for the purpose of sexual exploitation and trafficking of children; (c) review its sentencing policy for trafficking-related offences; and (d) provide in its second periodic report updated data on the number and nature of reported cases of trafficking, convictions and on the sanctions imposed on traffickers. (Para 24)

  
   
• Child labour (and prostitution): While noting the progress achieved by the State party in combating child labour, the Committee remains concerned about the still very high number of children engaged in child labour. It is also concerned about the high number of children who are forced to engage in prostitution.UN Committee on Enforced Disappearance

  The Committee urges the State party to (a) strengthen the enforcement of the Children Act and the Sexual Offences Act prohibiting child labour and sexual exploitation of children, e.g. through mandatory training for police officer, prosecutors and judges, teachers and health and social workers, more effective labour inspections and raids by social services, as well as heavier sentences for persons who make use of illegal child labour; (b) adopt and effectively implement the draft National Policy on Child Labour (2002); (c) conduct awareness-raising campaigns for children and parents on livelihood needs, including education; (d) provide assistance for children engaged in child labour and for their families; and (e) systematically collect data on the extent of child labour, including hidden forms, and of child prostitution in the State party. (Para 25)

  
   
• Child/orphan care: The Committee is concerned that children and orphans affected by HIV/AIDS are not adequately supported by the State party and that the care for these children and the task of monitoring their school attendance is frequently delegated to their extended families and to community and faith-based organizations, without adequate support and supervision from the State party.

  The Committee recommends that the State party step up its efforts to monitor regular school attendance by children and orphans with HIV/AIDS or from HIV/AIDS affected households, combat discrimination by school officials and ensure that these children receive continuous material and psychological support for their education. It also recommends that the State party give priority to placing orphans in foster or other non-institutional alternative care and that it provide financial support to the extended families, as well as to community and faith-based organizations, taking care of children and orphans affected by HIV/AIDS. (Para 26)

  
   
• Acute malnutrition: The Committee is concerned about the high incidence of acute malnutrition in the North Eastern Province and of chronic malnutrition in all provinces of the State party, particularly affecting children.

  The Committee recommends that the State party effectively implement and allocate sufficient resources to relevant programmes and funds, such as the Child Survival and Development Strategy and the Constituencies Development Fund, to ensure physical and economic access for everyone, including children in rural and deprived urban areas, to the minimum essential food, which is sufficient, nutritionally adequate and safe. (Para 28)

  
   
• Maternal, infant and under-five mortality rate: The Committee is concerned about the high maternal, infant and under-five mortality rates, the lack of adequately equipped maternal health care facilities and skilled birth attendance, especially in the North Eastern and Coastal Provinces, and de facto discrimination against poor women, older women and women with HIV/AIDS in access to maternal health care.

  The Committee recommends that the State party take immediate measures to ensure that (a) all pregnant women, including poor women, older women and women with HIV/AIDS, have affordable access to skilled care, and to care of the newborn; (b) pregnant women with HIV/AIDS are informed about and have free access to antiretroviral medication during pregnancy, labour and after birth, including for their children. (Para 32)

  
   
• Internal displacement: The Committee notes with concern that children from poor families, pregnant girls, children living in remote rural areas and in informal settlements, nomadic children, children with disabilities, refugee children and internally displaced children have limited access to education.

  The Committee recommends that the State party (a) increase the funds allocated to bursaries and textbook subsidies for children from poor families, as well as to school transportation and mid-day meals in remote rural and deprived urban areas; (b) facilitate the readmission of girls who dropped out of school due to pregnancy by supporting them in finding adequate arrangements for the care of their babies; (c) ensure adequate access for nomadic children to mobile schools, including in the North Eastern Province; and (d) cater for the special needs of children with disabilities and integrate refugee children and internally displaced children in the regular school system. (Para 34)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/KEN/CO/5-7

Last reported: 3 December 2015

Concluding observations published: 8 June 2017

Issues raised:

Situation of indigenous peoples

While welcoming the State party’s recent measures to enhance access to education, the Committee is concerned at reports that indigenous peoples have difficulty accessing education due to the lack of nearby schools (arts. 5 (e) and 7). (Para. 21)

The Committee recommends that the State party strengthen its efforts to ensure that all Kenyans enjoy access to education without discrimination, including through the adoption of appropriate special measures (para. 22).

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Last reported: 15 and 16 August
Concluding Observations issued: 14 September 2011

Concerns raised:

• Nationality: The Committee expresses concern at the discriminatory and arbitrary extra requirements for Nubians, Coastal Arabs, Somalis and Kenyans of Asian descent in the recognition of nationality and in accessing identity documentation such as Kenyan identity cards, birth certificates and passports. The Committee is also concerned that by introducing the possibility of revocation of nationality, the new Constitution imposes a differential treatment of citizens according to the way the Kenyan nationality has been acquired (art. 5 (d)).

  The Committee urges the State party to ensure compliance with article 5 (d) (iii) of the Convention by making the necessary amendments to its legislation and administrative procedures in order to implement the new constitutional provisions on citizenship, and by ensuring that all citizens are treated equally and without any discrimination and receive identity documents. The Committee also calls upon the State party to implement the decision of the African Committee of Experts on the Rights and Welfare of the Child in respect of the right of Nubian children to acquire national identity papers. (Paragraph 21)

• Education: While noting the inclusion of human rights education in the school curricula and the various initiatives undertaken by the Ministry of Justice, National Cohesion and Constitutional Affairs, such as the cohesion cafés and the televised programmes, the Committee is concerned that these measures are not sufficient to promote inter-ethnic understanding and tolerance. The Committee is further concerned that the targets of these initiatives, as well as the types of the media being used, do not reach all segments of the population (art. 7).

  The Committee calls on the State party to step up educational efforts to promote national cohesion and reconciliation, including by ensuring that they effectively address ethnic prejudices and stereotypes as well as the history of inter-ethnic violence in the State party, utilising media that reach all segments of the population. (Paragraph 24)

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UN Committee on the Elimination of Discrimination against Women
(CEDAW/C/KEN/CO/7)
Last reported: 5 April 2011
Concerns raised:

• Female genital mutilation (FGM): The Committee reiterates its concern at the continued prevalence of the harmful practice of female genital mutilation in some communities, which is a grave violation of girls' rights of the State party. It also notes that despite the enactment of the Children's Act (2001), which prohibits FGM, girls are increasingly subjected to this harmful practice at younger ages than previously.

  The State party is urged to (a) Ensure the effective implementation of the 2001 Children's Act which outlaws FGM for girls under 18 years, as well as prosecution and punishment of perpetrators of this practice; (b) Take all necessary steps to expedite the enactment of the Prohibition of FGM Bill (2010) which will, inter alia, outlaw the practice for all women; (c) Continue awareness-raising and education efforts targeting families, practioners, and medical personnel; and (d) Establish support services to meet the health and psychosocial needs of women and girls who are victims of this practice. (Para 19-20)

  
   
• Violence against women: The Committee is concerned about the high prevalence of violence against women and girls, as well as widespread incidents of sexual violence, including rape. It is also concerned that such violence appears to be socially legitimised and accompanied by a culture of silence and impunity, which leads to underreporting. Underreporting is additionally encouraged by section 38 in the Sexual Offences Act - exposes the victims to prosecution in certain circumstances.

  The Committee urges the State party to give attention, as a priority, to combating violence against women and girls and adopting comprehensive measures to address such violence. The Committee calls upon the State party to expeditiously repeal section 38 of the Sexual Offences Act under which women face the risk of bring victimised for initiation prosecutions against their abusers, criminalise marital rape, and enact the Family Protection Bill. (Para 21-23)

  
   
• Trafficking and prostitution: The Committee states its concern at the persistence of trafficking and sexual exploitation of women and girls, and the role of sex tourism. It is also concerned that women and girls are entering prostitution to support themselves and their families as a result of poverty. It also notes that the law criminalises only prostitutes while the demand side is not sanctioned.

  The Committee calls upon the State party to fully implement the following: (a) Effectively implement new legislation on trafficking ensuring that perpetrators are punish and victims adequately protected and assisted; (b) Increase its efforts at international, regional and bilateral cooperation with countries of origin, transit and destination through information exchange in order to prevent trafficking and harmonise legal procedures aimed at the prosecution of traffickers; and (c) Conduct comparative studies to identify and address root causes. (Para 27-28)

  
   
• Education: The Committee is concerned at the persistence of structural and other barriers to good-quality education, which constitute particular obstacles to the education of girls and young women. It is also concerned about the delay on the implementation of free secondary education, the high prevalence of sexual abuse and harassment of girls by male teachers and students, the negative impact of harmful traditional practices, such as early and forced marriage on girls' education.

  The Committee urges the State party to enhance its compliance with article 10 of the Convention and to raise awareness of the importance of education as a human right and the basis for the empowerment of women. Additionally, a zero tolerance policy with respect to sexual abuse and harassment in schools should be enforced, and perpetrators should be punished appropriately. (Para 31-32)

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UN Committee against Torture
(CAT/C/KEN/CO/1)
Last reported: 19 January 2009

Concerns raised:

• Age of criminal responsibility: The Committee is deeply concerned that the age of criminal responsibility in the State party is still set at 8 years of age despite the recommendations made in 2005 and 2007.

  The State party should, as a matter of urgency, raise the minimum age of criminal responsibility in order to bring it in line with the generally accepted international standards. (Para 11)

  
   
• Violence against children: The Committee notes with concern the persistence of widespread violence against children in Kenyan society, including sexual exploitation and trafficking, as well as the high levels of impunity for such crimes.

  The State party should, as a matter of urgency, take all necessary legal and administrative measures to protect children from all forms of violence. (Para 26)

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/KEN/CO/1

Last reported: 18 and 19 August 2015

Concluding Observations adopted: 28 August 2015

Issues raised:

Women with disabilities: The Committee is concerned about the multiple forms of discrimination faced by women with disabilities and the absence of measures to prevent and combat different forms of discrimination against them. It is also concerned about the lack of information on public policies and programmes on gender equality that include the rights of women and girls with disabilities.The Committee recommends that the State party: (a) Systematically collect data and statistics on the situation of women and girls with disabilities living in rural and urban areas, belonging to ethnic minorities and pastoralist communities;  (b) Strengthen the mandate of the National Gender and Equality Commission with allocation of human, technical and budgetary resources specifically aimed at the advancement of the rights of women with disabilities; and (c) Adopt a national strategy with a timeframe and indicators, to address intersectional discrimination against women and girls with disabilities, including those living in rural and urban areas, and ensure their effective participation in the design, implementation and monitoring of such strategy. (Para. 11 & 12).

Children with disabilities: The Committee is deeply concerned at the abandonment of children with disabilities who are rejected by their families and negative stereotypes against them, particularly in rural areas. It is also concerned about the institutionalization of children with disabilities and the prevalence of residential care. It observes with concern the absence of information on the situation of deaf, blind and deaf-blind girls and boys and about measures to ensure their protection and inclusion in society. The Committee takes note of the creation of children assemblies in 47 counties. Nevertheless, it is concerned that children with disabilities in particular in rural areas are not systematically involved in decisions that affect their lives. The Committee recommends that the State party: (a) Adopt as a matter of priority a strategy to combat stereotypes against girls and boys with disabilities within families and in society and implement an early warning mechanism to prevent abandonment of children with disabilities in urban and rural areas; (b) Provide community-based services and assistance for girls and boys with disabilities with a view to eliminate institutionalization, and ensure that grants from the Transfer Programme for Orphans and Vulnerable Children reach children with disabilities in rural areas; (c) Take measures to assess the situation of girls and boys who are deaf-blind and ensure that public policies and programmes are responsive to their specific needs; and (c) Implement measures, in partnership with organizations of persons with disabilities and other civil society organizations aimed at promoting the right of children with disabilities to be consulted in all matters of concerning their lives and that they receive assistance appropriate to their age and disability (Para. 13 & 14).

Right to life: The Committee is concerned by different forms of violence against persons with albinism in particular girls, including kidnaps, killings and attacks for the purpose of witchcraft practices, and the absence of measures to protect victims and to prosecute and convict perpetrators. The Committee calls upon the State party to: (a) Promptly investigate all cases of violence against persons with albinism ensuring that they are appropriately prosecuted and punished;  (b) Create shelters and redress services for victims of attacks including healthcare, counseling and free legal aid; and (c) Redouble efforts to raise awareness about the dignity and rights of persons with albinism and ensure the involvement of organizations of persons with albinism in any campaigns aimed at eliminating stigmatization and myths that underpin violence against persons with albinism (Para. 19 & 20).

Equal recognition before the law: The Committee is concerned that different laws of the State party such as the Children’s Act 2001, the Mental Health Act of 1991 and the Marriage Law (2014) deprive persons with disabilities of their legal capacity, in particular persons with intellectual and/or psychosocial disabilities. It is also concerned about the de facto guardianship in families of persons with disabilities that deprive persons with disabilities of their ability to make choices in aspects such as buying food, renting a house or inheritance. The Committee recommends that the State party: (a) Eliminate all forms of formal and informal substituted decision-making regimes and replace them with a system of supported decision-making, in line with the Committee’s general comment No. 1 (2014) on equal recognition before the law; (b) Repeal legislation and practices that allow for deprivation of legal capacity on the basis of impairment and adopt measures to prohibit deprivation of legal capacity on customary basis; (c) Support and facilitate on going initiatives to implement article 12, including research by the Kenya National Commission on Human Rights and the models of supported decision making spearheaded by representative organizations of persons with disabilities; and (d) Develop training and information campaigns to the public about the contents and scope of the right to legal capacity in all areas of life, considering the involvement of all stakeholders, including organizations of persons with disabilities and decision makers (Para. 23 & 24).

 Freedom from exploitation, violence and abuse: The Committee is concerned about: (a) Cases of violence and abuse against persons with disabilities in particular the higher risk of women, girls and boys with disabilities to face physical and sexual violence both in family settings and in institutions; (b) Exploitation of children with disabilities through begging, particularly in urban areas; and (c) The limited coverage of Gender Violence Recovery Centers and the lack of information on accessibility of women with disabilities to temporary shelters. The Committee recommends that the State party: (a) Design and implement a strategy with adequate funding for the protection of persons with disabilities, particularly women and children with disabilities, from exploitation, violence and abuse. Such strategy must include prevention, early recovery, legal remedies including compensation and reparation, and accessible services and counselling for victims; (b) Set up an independent mechanism to monitor the conditions in all facilities designed to serve persons with disabilities, in accordance with article 16 (3) of the Convention; (c) Take the necessary measures to prevent children with disabilities from falling into exploitation by begging and create programmes at national, county and municipal levels for their rehabilitation, recovery and inclusion in family and community life; and (d) Ensure that Gender Violence Recovery Centers are established throughout the country and that are accessible for women with disabilities, and collect information about women with disabilities who have been benefited from the services at such centers (Para. 31 & 32).

Protecting the integrity of the person: The Committee observes with concern that women with disabilities have been victims of forced sterilization and that genital mutilation affects women and girls with disabilities, although is a practice prohibited by law. The Committee calls the State party to: (a) Establish mechanisms to monitor health care facilities and adopt measures to prohibit forced sterilization and ensure that adequate information is provided in accessible formats for all women and girls with disabilities concerning their sexual and reproductive rights; and (b) Implement the recommendations issued by the Committee on the Elimination of Discrimination against Women in 2011 (CEDAW/C/KEN/CO/7) relevant to female genital mutilation, and ensure that the action plan of the Anti-FGM Board includes compilation of information on women and girls subjected to such a practice and mechanisms for their reparation and redress (Para. 33 & 34).  

Liberty of movement and nationality: The Committee express concern about the lack of registration of children with disabilities upon their birth, in particular children in situation of internal displacement and those living in refugee camps. The Committee recommends that the State party strengthen the registration programme with necessary budget and personal resources to ensure that persons with disabilities in all areas of the country, including persons in refugee camps access to identification documents (Para. 35 & 36).

Respect for private and family life: The Committee is concerned about the absence of measures to return children with disabilities currently in orphanages to a family setting. It is also concerned about the measures of the Marriage Act (2014) that prevent persons with intellectual and psychosocial disabilities to get marriage. The Committee recommends that the State party: (a) Take steps to increase information and support to families of children with disabilities to ensure they can be raised within the family home, and expand the scope of the transfer fund for children with “severe” disabilities to benefit all children with disabilities and that it establishes a monitoring mechanisms on the effective disbursement of the resources through the country; and (b) Review the Marriage Act 2014 in order to repeal provisions that discriminate against persons with psychosocial and/or intellectual disabilities on their right to marriage (Para. 41 & 42)

Education: The Committee is concerned about the: (a) Persistence of segregated education institutions in the State party; (b) Lack of information on the situation of children with high level of support needs such as deaf-mute children; (c) Lack of information on the provision of assistive technologies in classroom for all children with disabilities in rural and urban areas; and (d) Absence of measures to ensure continuous training of teachers on sign language.  The Committee calls upon the State party to:  (a) Establish a timeframe for the transition process from segregated to inclusive quality education and ensure that budgetary, technical and personal resources are available to complete the process and collect disaggregated data on the advancement of the inclusive education system;   (b) Immediately adopt a non-rejection policy for children with disabilities enrolling in regular schools and to provide reasonable accommodation; (c) Ensure the accessibility to schools facilities for deaf mute children and provide materials and curricula adequate to their needs; (d) Undertake measures, including by encouraging public private partnerships to ensure the provision of assistive technologies in education; and  (e) Ensure the training of all teachers in inclusive education, and establish a programme for continuous training in sign language in mainstream schools and universities (Para. 43 & 44).

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UN Committee on Enforced Disappearance

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