Right to restitution, compensation and rehabilitation for victims of grave violations of human rights and fundamental freedoms.

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

Commission on Human Rights resolution 1995/34

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 instruments in the field of human rights and the Vienna Declaration and Programme of Action (A/CONF.157/23), 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 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 reparation policies for victims of grave violations of human rights, Reiterating its appreciation of the study on the subject prepared by the Special Rapporteur of the Subcommission on Prevention of Discrimination and Protection of Minorities, Mr. Theo van Boven, contained in his 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 on the specific field of violations of human rights, and regarded the proposed basic principles and guidelines contained in the study of the Special Rapporteur as a useful basis for that purpose, and recommended that the Subcommission on Prevention of Discrimination and Protection of Minorities, in conformity with Subcommission resolution 1993/29 of 25 August 1993, take measures to examine the proposed basic principles and guidelines with a view to making proposals thereon and report to the Commission,

1. Calls upon the international community to give increased attention to the right to restitution, compensation and rehabilitation of victims of grave violations of human rights and fundamental freedoms;

2. Encourages the Subcommission to continue to give consideration to the proposed basic principles and guidelines at its forty-seventh session, with a view to making substantive progress on this matter in the specific field of violations of human rights;

3. Requests States to provide information to the Secretary-General about legislation already adopted, as well as that in the process of being adopted, relating to restitution, compensation and rehabilitation of victims of grave violations of human rights and fundamental freedoms;

4. Requests the Secretary-General to submit a report on this subject, taking into account the information provided by States, to the Commission at its fifty-second session;

5. Decides to consider this matter at its fifty-second session under agenda item 10.

53rd meeting, 3 March 1995 [Adopted without a vote] Special process dealing with the problem of missing persons in the territory of the former Yugoslavia Special process dealing with the problem of missing persons in the territory of the former Yugoslavia Commission on Human Rights resolution 1995/35 The Commission on Human Rights, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights, the Geneva Conventions of 12 August 1949 for the protection of war victims and the Additional Protocols thereto of 1977, as well as other relevant documents and resolutions of the General Assembly and the Security Council of the United Nations, Recalling General Assembly resolution 47/133 of 18 December 1992, in which the General Assembly adopted the Declaration on the Protection of All Persons from Enforced Disappearance, Recalling also its resolution 1994/72 of 9 March 1994 concerning, inter alia, the special process dealing with the problem of missing persons in the territory of the former Yugoslavia, Deeply disturbed at the huge number of missing persons still unaccounted for as a consequence of the continuing practice of "ethnic cleansing" and the armed conflict in the territory of the former Yugoslavia, particularly in the Republic of Bosnia and Herzegovina and the Republic of Croatia, Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms for all, Expressing its deepest sympathy to the families of missing persons in the territory of the former Yugoslavia, and reaffirming its readiness to undertake all necessary measures with a view to expediting the search for their next of kin, Stressing that the basic objective of the special process dealing with the problem of missing persons in the territory of the former Yugoslavia should be strictly humanitarian, aimed at providing their relatives with information on their fate, Emphasizing that the cooperation of the Governments of the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), as well as the parties and organizations in a position to help, is essential to the achievement of the objectives of the special process, Bearing in mind that the Comprehensive Cease-fire Agreement signed on 23 December 1994 by the Government of the Republic of Bosnia and Herzegovina and the representatives of the Bosnian Serbs includes the obligation to release all available information on missing persons,

1. Commends and thanks the expert member of the Working Group on Enforced or Involuntary Disappearances for his first report on the special process on missing persons in the territory of the former Yugoslavia (E/CN.4/1995/37);

2. Expresses its appreciation to the Governments of the Republic of Bosnia and Herzegovina and the Republic of Croatia, requests them to continue and expand the cooperation with the special process, and invites them, as well as all other parties in a position to help, to continue searching for the missing persons on their territory;

3. Urges the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) to allow the expert member of the Working Group on Enforced and Involuntary Disappearances to visit Belgrade in order to discuss concrete aspects of cooperation, and to undertake maximum efforts to cooperate by disclosing all relevant available information and documentation in order finally to determine the fate of the thousands of missing persons and to alleviate the suffering of their relatives;

4. Requests the expert member of the Working Group on Enforced or Involuntary Disappearances responsible for the special process dealing with the problem of missing persons in the territory of the former Yugoslavia to continue his efforts and to submit a report on his activities to the Commission at its fifty-second session;

5. Requests relevant United Nations bodies, including the Office of the United Nations High Commissioner for Refugees and the United Nations Protection Force, the International Committee of the Red Cross and national Red Cross and Red Crescent societies to continue their cooperation with the special process;

6. Requests the Secretary-General to continue providing the special process with the necessary resources so that it can perform its functions continuously and expeditiously.

53rd meeting, 3 March 1995 [Adopted without a vote]