United Nations General Assembly Resolution 60/147
| UN General Assembly Resolution 60/147 | |
|---|---|
| Date | 16 December 2005 |
| Code | A/RES/60/147 (Document) |
| Subject | Reparation for Victims of International Human Rights Violations |
Voting summary |
|
| Result | adopted |
UN General Assembly Resolution 60/147, the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, is a United Nations Resolution about the rights of victims of international crimes. It was adopted by the General Assembly on 16 December 2005 in its 60th session.[1] According to the preamble, the purpose of the Resolution is to assist victims and their representatives to remedial relief and to guide and encourage States in the implementation of public policies on reparations.
The principles were drafted by Dutch jurist Theo van Boven, who served as the UN's Special Rapporteur on the Right to Reparation to Victims of Gross Violations of Human Rights from 1986 to 1991, and were finalised after over 20 years of research. They have since been adopted by UN Member States. They are non-binding, however it has been recommended by the General Assembly that States take the Basic Principles and Guidelines into account.[2]
The Resolution consists of 27 principles outlining the obligation of all UN member states to respect and implement international human rights law and international humanitarian law. It is the first codification of the rights of victims of human rights violations to reparation and remedies, and to access justice within domestic legal systems.
Description
The Basic Principles and Guidelines prescribe that victims of human rights abuses have a right to reparation. This right derives from the general principle of the law on State Responsibility that a wrongful act arising from a breach of an international obligation gives rise to an obligation to make reparation.[3] The recognition of a right to reparation extends from the duty of States to remedy wrongful acts under international law, an obligation codified in Article 34 of the Draft Articles on State Responsibility for Internationally Wrongful Acts(2001).
The Resolution addresses gross violations of international human rights law and serious violations on international humanitarian law that constitute crimes under international law; statutes of limitations; victims of gross violations of international human rights law and serious violations of international humanitarian law; treatment of victims; victims’ right to remedies; access to justice; reparation for harm suffered; access to relevant information concerning violations and reparation mechanisms; non-discrimination; non-derogation; and the rights of others.
Background
The first draft of the Basic Principles and Guidelines was prepared by Theo van Boven in 1997, at the request by the Sub-Commission on the Prevention of Discrimination and Protection of Minorities.[4] After incorporating extensive feedback and further research, the 2000 Draft Principles and Guidelines[5] were presented to the Commission on Human Rights, and subsequently circulated to state governments as well as non-governmental organisations for comment.
On 31 August 2000, the basic principles and guidelines were open for comment, and the Secretary-General invited member states to submit feedback. Between 2000 and 2002, the document underwent further revision.[6]
In August 2003, an international consultation was held by the Office of the United Nations High Commissioner for Human Rights (OHCHR), at the request of the Commission on Human Rights, for the purpose of finalising the text.[7] A revised version was produced, which incorporated feedback from State governments and NGO’s, as well as expert and qualified publicized opinions.[8] Two subsequent consultative meetings were held in Geneva in October 2003.[9] The Chairman-Rapporteur of the meeting, Mr. Alejandro Salinas, produced a report[10] which the Commission on Human Rights received and welcomed.
On 19 April 2005, the Human Rights Commission passed Resolution 2005/35 during its 61st organisational session in New York, affirming the guidelines[11] and also recommending them for approval by the General Assembly.[12] Put before member states, the Resolution passed by a recorded vote of 40 in favour, with 12 abstentions and 0 voting against.[13]
| For | Against | Abstain |
|---|---|---|
| Argentina | Australia | |
| Armenia | Egypt | |
| Bhutan | Eritrea | |
| Brazil | Germany | |
| Burkina Faso | India | |
| Canada | Mauritania | |
| China | Nepal | |
| Congo | Qatar | |
| Costa Rica | Saudi Arabia | |
| Cuba | Sudan | |
| Dominican Republic | Togo | |
| Ecuador | United States of America | |
| Finland | ||
| France | ||
| Gabon | ||
| Guatemala | ||
| Guinea | ||
| Honduras | ||
| Hungary | ||
| Indonesia | ||
| Ireland | ||
| Italy | ||
| Japan | ||
| Kenya | ||
| Malaysia | ||
| Mexico | ||
| Netherlands | ||
| Nigeria | ||
| Pakistan | ||
| Paraguay | ||
| Peru | ||
| Republic of Korea | ||
| Romania | ||
| Russian Federation | ||
| South Africa | ||
| Sri Lanka | ||
| Swaziland | ||
| Ukraine | ||
| United Kingdom | ||
| Zimbabwe |
Adoption
The Basic Principles and Guidelines were placed before the UN General Assembly in its 60th sitting. On 16 December 2005, the United Nations General Assembly adopted the Basic Principles and Guidelines as Resolution A/RES/60/147 (2005) by consensus.[14] The Basic Principles and Guidelines were officially published by the United Nations in 2006.
External links
References
- ^ United Nations. "Resolution adopted by the General Assembly on 16 December 2005". United Nations Audiovisual Library. Retrieved 16 May 2019.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ UN General Assembly Resolution 60/147, 16 December 2005, oper. para. 2.
- ^ Articles on State Responsibility for Internationally Wrongful Acts, adopted by the ILC and submitted to the General Assembly under UN Doc A/56/10 (2001), Article 1
- ^ Draft Basic Principles and Guidelines on the Right to Restitution, Compensation and Rehabilitation for Victims of Gross Violations of Human Rights and Fundamental Freedoms, 16 January 1997, E/CN.4/1998/43.
- ^ Draft Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law, 18 January 2000, E/CN.4/2000/62, Annex (2000 Draft Principles and Guidelines).
- ^ Bassiouni, M. Cherif (2006). "International Recognition of Victims' Rights". Human Rights Law Review 6. 2: 248 – via Oxford University Press Journals.
- ^ United Nations. "GENERAL ASSEMBLY RESOLUTION 60/147" (PDF). United Nations Audiovisual Library.
{{cite web}}:|archive-date=requires|archive-url=(help); Cite has empty unknown parameter:|dead-url=(help) - ^ Bassiouni, Cherif M. (2006). "International Recognition of Victims' Rights". Human Rights Law Review. 6:2: 249–250.
- ^ Bassiouni,, M. Cherif (2006). ""International Recognition of Victims' Rights"". Human Rights Law Review 6. 2: 250 – via Oxford University Press Journals.
{{cite journal}}: CS1 maint: extra punctuation (link) - ^ "ODS HOME PAGE" (PDF). documents-dds-ny.un.org. Retrieved 2019-05-21.
- ^ "E/RES/2005/30". United Nations Digital Library. Retrieved 17 May 2019.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ Office of the High Commissioner for Human Rights (16/05/2019). "Human Rights Resolution 2005/35". Ref World.
{{cite web}}: Check date values in:|date=(help); Cite has empty unknown parameter:|dead-url=(help) - ^ REDRESS, Implementing Victims Rights: A Handbook on the Basic Principles and Guidelines on the Right to a Remedy and Reparation, March 2006.https://redress.org/wp-content/uploads/2018/01/MAR-Reparation-Principles.pdf
- ^ "Resolution adopted by the General Assembly on 16 December 2005" (PDF). UN General Assembly documents. 2006. Retrieved 17 May 2019.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help)
Category:United Nations-related lists Category:United Nations General Assembly Category:United Nations General Assembly resolutions Category:Human rights Category:Human rights abuses Category:International law enforcement organizations Category:Reparations
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