RES/27/3 Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence

GE.E/CN.4/Sub.2/1997/20/Rev.3 A/68/345. , annex II. 4-17874 (E)

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Human Rights Council Twenty-seventh session

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Resolution adopted by the Human Rights Council

27/3

Special Rapporteur on the promotion of truth, justice, reparation and

guarantees of non-recurrence

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Reaffirming the Universal Declaration of Human Rights, the International Covenant

on Economic, Social and Cultural Rights, the International Covenant on Civil and Political

Rights, the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of

8 June 1977, other relevant international human rights law and international humanitarian

law instruments and the Vienna Declaration and Programme of Action,

Recalling the set of principles for the protection and promotion of human rights

through action to combat impunity,2 A/67/368. and the updated version of those principles,E/CN.4/2005/102/Add.1 A/HRC/27/56. .

Recalling also General Assembly resolution 60/147 of 16 December 2005, in which

the Assembly adopted 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,

Recalling further Commission on Human Rights resolutions 2005/70 of 20 April

2005, on human rights and transitional justice, 2005/81 of 21 April 2005, on impunity, and

2005/66 of 20 April 2005, on the right to the truth, Human Rights Council resolutions 9/10

of 24 September 2008, 12/11 of 1 October 2009 and 21/15 of 27 September 2012, on

human rights and transitional justice, 9/11 of 18 September 2008, 12/12 of 1 October 2009

and 21/7 of 27 September 2012, on the right to the truth, 10/26 of 27 March 2009 and 15/5

of 29 September 2010, on forensic genetics and human rights, Council decisions 2/105 of

27 November 2006, on the right to the truth, and 4/102 of 23 March 2007, on transitional

justice, and General Assembly resolution 68/165 of 18 December 2013, on the right to the

truth,

Reaffirming Human Rights Council resolution 18/7 of 29 September 2011, in which

the Council decided to establish the mandate of Special Rapporteur on the promotion of

truth, justice, reparation and guarantees of non-recurrence,

Recalling the International Convention for the Protection of All Persons from

Enforced Disappearance, adopted by the General Assembly in its resolution 61/177 of 20

December 2006, in which article 24, paragraph 2 sets out the right of victims to know the

truth regarding the circumstances of the enforced disappearance, the progress and results of

the investigation and the fate of the disappeared person, and sets forth State party

obligations to take appropriate measures in this regard, and the preamble reaffirms the right

to freedom to seek, receive and impart information to that end,

Recalling also the report of the Secretary-General on the rule of law and transitional

justice in conflict and post-conflict societies3 and his 2011 follow-up report on the same

topic,4 including the relevant recommendations contained therein, as well as his reports

issued in 2006,5 2012,6 20137 and 20148 outlining a programme of action to enhance the

effectiveness of the support provided by the United Nations system for the promotion of the

rule of law in conflict and post-conflict situations,

Noting with appreciation the active engagement of the United Nations, including the

Office of the United Nations High Commissioner for Human Rights, in assisting States to

address gross human rights violations and serious violations of international humanitarian

law, in cooperation with and at the request of States,

Recalling its resolutions 5/1, on institution-building of the Human Rights Council,

and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the Council, of

18 June 2007, and stressing that the mandate holder shall discharge his or her duties in

accordance with those resolutions and the annexes thereto,

Recognizing that the Special Rapporteur on the promotion of truth, justice,

reparations and guarantees of non-recurrence will continue to deal with situations in which

there have been gross violations of human rights and serious violations of international

humanitarian law,

Underlining the fact that, when designing and implementing strategies, policies and

measures to address gross human rights violations and serious violations of international

humanitarian law, the specific context of each situation must be taken into account with a

view to preventing the recurrence of crises and future violations of human rights, to ensure

social cohesion, nation-building, ownership and inclusiveness at the national and local

levels, and to promote reconciliation,

Emphasizing the importance of a comprehensive approach incorporating the full

range of judicial and non-judicial measures, including, among others, individual

prosecutions, reparations, truth-seeking, institutional reform, vetting of public employees

and officials, memorialization initiatives and processes to achieve shared narratives or an

3 S/2004/616.

4 S/2011/634.

5 A/61/636-S/2006/980 and Corr.0 A/HRC/24/42. .

6 A/66/749.

7 S/2013/341.

8 A/68/213/Add.1 and A/69/181.

appropriately conceived combination thereof, in order to, inter alia, ensure accountability,

serve justice, provide remedies to victims, promote healing and reconciliation, establish

independent oversight of the security system and restore confidence in the institutions of

the State and promote the rule of law in accordance with international human rights law;

1. Takes note with appreciation of the reports of the Special Rapporteur on the

promotion of truth, justice, reparation and guarantees of non-recurrence submitted to the

Human Rights Council at its twenty-first,A/HRC/21/46. twenty-fourth10 and twenty-seventh11 sessions, as

well as those submitted to the General Assembly at its sixty-seventh12 and sixty-eighth13

sessions, and calls upon States to take due consideration of the recommendations contained

therein when designing and implementing strategies, policies and measures to address gross

human rights violations and serious violations of international humanitarian law within

their national context;

2. Welcomes the work undertaken by the Special Rapporteur in the

implementation of his mandate, the comprehensive, transparent and inclusive consultations

conducted with relevant actors from all regions for his thematic reports, and the

undertaking of country visits;

3. Also welcomes the cooperation of those States that have received the Special

Rapporteur in their country, those that have accepted requests for visits by the Special

Rapporteur and those that have extended invitations to the Special Rapporteur to visit their

country, as well as those that have responded to his requests for information;

4. Decides to extend the mandate of the Special Rapporteur on the promotion of

truth, justice, reparation and guarantees of non-recurrence for a period of three years with

the same terms as provided for by the Human Rights Council in its resolution 18/7;

5. Urges all States to cooperate with and assist the Special Rapporteur so that

his mandate can be carried out effectively, including by responding favourably and rapidly

to requests for visits, mindful that country visits are one of the essential tools for the

fulfilment of the mandate of the Special Rapporteur, and to provide him in a timely manner

with all the necessary information requested by him;

6. Requests the Special Rapporteur to continue to report annually to the Human

Rights Council and the General Assembly;

7. Requests the Secretary-General and the United Nations High Commissioner

for Human Rights to provide the Special Rapporteur with all the human, technical and

financial assistance necessary for the effective fulfilment of his mandate;

8. Decides to continue its consideration of this matter under the same agenda

item and in accordance with its programme of work.

39th meeting

25 September 2014

[Adopted without a vote.]