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

Commission on Human Rights resolution 1997/29


The Commission on Human Rights,

Guided by the Charter of the UnitedNations, 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,

Considering that the question of restitution, compensation and rehabilitation of victims of grave violations of human rights and fundamental freedoms has received insufficient attention and should continue to be addressed in a more systematic and thorough way at the national and international levels,

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

Reiterating its appreciation of the study on the subject prepared by theformer Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Mr. Theo van Boven, contained inhis final report (E/CN.4/Sub.2/1993/8),

Recalling its resolution 1994/35 of 4 March 1994, in which it expressed the hope that priority attention would be given to this question, in particular in the specific field of violations of human rights and fundamental freedoms, and regarded the proposed basic principles and guidelines contained in the study of the Special Rapporteur as a useful basis for that purpose,

Recalling also its resolution 1996/35 of 19 April 1996, in which it requested States to provide information to the Secretary-General about legislation already adopted, as well as that in the process of being adopted, relating to the right to restitution, compensation and rehabilitation,

Taking note of the report of the Secretary-General submitted to the Commission in compliance with its resolution 1996/35 (E/CN.4/1997/29 and Add.1),

Also taking note of resolution 1996/28 of 29 August 1996 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in which the Sub-Commission decided to bring to the attention of the Commission on Human Rights the revised draft basic principles and guidelines on the right to reparation for victims of [gross] violations of human rights and international humanitarian law prepared by the former Special Rapporteur, Mr. Theo van Boven,

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. Expresses its appreciation to States that provided information onthe matter to the Secretary-General, in compliance with Commission resolution1996/35, for their valuable contribution in this field and requests those that have not yet done so to provide information to the Secretary-General as soon as possible on the legislation already adopted, as well as that in the process of being adopted, relating to the right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms;

3. Expresses its appreciation to the Secretary-General for his report and requests him to prepare an additional report on the basis of the replies he receives from States for submission to the Commission on Human Rights at its fifty-fifth session;

4. Invites the Secretary-General to request all States to submit their views and comments on the note and revised draft basic principlesand guidelines on the right to reparation for victims of [gross] violations of human rights and international humanitarian law contained in documentE/CN.4/1997/104, and to prepare a report setting out such views andcomments for submission to the Commission on Human Rights at its fifty-fourthsession;

5. Decides to continue to examine this question at its fifty-fourth session under the agenda item entitled "Question of the human rights of all persons subjected to any form of detention or imprisonment".

57th meeting
11 April 1997

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



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