UN Commission on Human Rights adopts Resolution on the Rights of Victims of Violations of Human Rights Law and Humanitarian Law
Friday, May 27, 2005 10:45 AM

The UN Commission on Human Rights adopted a resolution that incorporates a report titled "Basic Principles and Guidelines on the Right to a Remedy and Reparations for Victims of Gross Violations of Human Rights law and Serious Violations of Humanitarian Law." The resolution passed with a vote of forty to zero, with thirteen abstentions.

The report first lays out the treaties that establish International Human Rights Law and International Humanitarian Law and emphasizes that the purpose of the report is not to establish new international law, but to provide methods and models that member states can use to incorporate the existing international law into a national framework. The report goes on to remind countries that their national laws should already reflect current international norms of international law. It then lays out the obligations of each member state, including taking measures to prevent violations, investigating past violations and providing victims with access to justice. The report defines "victim" and specifically outlines how victims should be treated and how a claim should be processed. Finally, it provides detailed lists of possible remedies and possible reparations, including rehabilitation, restitution, satisfaction and compensation. It recommends that member states provide the public and particularly victims with information about these laws and about the procedure for instituting a claim as well as the availability of various support services for victims.

In adopting the resolution, the Commission recommends that countries take account of the principles and guidelines and disseminate the information contained in the report to the executive branch, including police officers and military and security forces.

Compiled in: "Human Rights Resolution 2005/35: Basic Principles and Guidelines on the Right to a Remedy and Reparations for Victims of Gross Violations of Human Rights law and Serious Violations of Humanitarian Law." UN Office of the High Commissioner for Human Rights. (Ch. XI, E/CN.4/2005/L.10/Add.11) 19 April 2005.