shall have legal procedures in place to review the adoption or placement procedure,

and, where appropriate, to annul any adoption or placement of children that originated

in an enforced disappearance.

5. In all cases, and in particular in all matters relating to this article, the best interests

of the child shall be a primary consideration, and a child who is capable of forming his

or her own views shall have the right to express those views freely, the views of the

child being given due weight in accordance with the age and maturity of the child.

PART II

Article 26

1. A Committee on Enforced Disappearances (hereinafter referred to as “the Committee”) shall be established to carry out the functions provided for under this Convention. The Committee shall consist of ten experts of high moral character and

recognized competence in the field of human rights, who shall serve in their personal

capacity and be independent and impartial. The members of the Committee shall be

elected by the States Parties according to equitable geographical distribution. Due

account shall be taken of the usefulness of the participation in the work of the

Committee of persons having relevant legal experience and of balanced gender

representation.

2. The members of the Committee shall be elected by secret ballot from a list of

persons nominated by States Parties from among their nationals, at biennial meetings

of the States Parties convened by the Secretary-General of the United Nations for this

purpose. At those meetings, for which two thirds of the States Parties shall constitute a

quorum, the persons elected to the Committee shall be those who obtain the largest

number of votes and an absolute majority of the votes of the representatives of States

Parties present and voting.

3. The initial election shall be held no later than six months after the date of entry into

force of this Convention. Four months before the date of each election, the Secretary-

General of the United Nations shall address a letter to the States Parties inviting them

to submit nominations within three months. The Secretary-General shall prepare a list

in alphabetical order of all persons thus nominated, indicating the State Party which

nominated each candidate, and shall submit this list to all States Parties.

4. The members of the Committee shall be elected for a term of four years. They shall

be eligible for re-election once. However, the term of five of the members elected at

the first election shall expire at the end of two years; immediately after the first

election, the names of these five members shall be chosen by lot by the chairman of

the meeting referred to in paragraph 2 of this article.

5. If a member of the Committee dies or resigns or for any other reason can no longer

perform his or her Committee duties, the State Party which nominated him or her

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