The right to restitution, compensation and rehabilitation
for victims of grave violations of human rights
and fundamental freedoms

Commission on Human Rights resolution 1998/43



The Commission on Human Rights,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights, other relevant human rights instruments and the Vienna Declaration and Programme of Action,

Reaffirming that, pursuant to internationally proclaimed human rights principles, victims of grave violations of human rights should receive, in appropriate cases, restitution, compensation and rehabilitation,

Reiterating the importance of addressing the question of restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms in a systematic and thorough way at the national and international levels,

Recalling its resolution 1996/35 of 19 April 1996, in which it regarded the basic principles and guidelines proposed by the former Special Rapporteur of the Sub­Commission on Prevention of Discrimination and Protection of Minorities, Mr. Theo van Boven, as a useful basis for giving priority attention to the question of restitution, compensation and rehabilitation,

Taking note with appreciation of the report of the Secretary­General (E/CN.4/1998/34) submitted in compliance with Commission resolution 1997/29 of 11 April 1997,

Noting with interest the positive experience of countries that have established policies and adopted legislation on restitution, compensation and rehabilitation for victims of grave violations of human rights,

1. Calls once more upon the international community to give due attention to the right to restitution, compensation and rehabilitation for victims of grave violations of human rights;

2. Requests the Chairman of the Commission to appoint an expert to prepare a revised version of the basic principles and guidelines elaborated by Mr. van Boven, taking into account the views and comments provided by States and intergovernmental and non­governmental organizations, and to submit it to the Commission at its fifty­fifth session, with a view to its adoption by the General Assembly;

3. Requests the Secretary­General to invite States that have not yet done so, as well as intergovernmental and non­governmental organizations, to submit their views and comments on the basic principles and guidelines prepared by Mr. van Boven as soon as possible, and by no later than 31 October 1998, and to make that information available to the independent expert;

4. Decides to continue its consideration of this matter at its fifty­fifth session under the agenda item entitled "Question of the human rights of all persons subjected to any form of detention or imprisonment".

52nd meeting
17 April 1998

[Adopted without a vote. See chap. VIII.]


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