United Nations Audiovisual Library of International Law
The independent expert submitted his final report to the Commission on
Human Rights (E/CN.4/2000/62) in January 2000, at its fifty-sixth session. On 20
April 2000, the Commission adopted resolution 2000/41, by which it requested the
Secretary-General to circulate to all Member States the draft text of the “Basic
principles and guidelines on the right to a remedy and reparation for victims of
violations of international human rights and humanitarian law”, annexed to the final
report of the independent expert, and to request that they send their comments thereon
to the Office of the United Nations High Commissioner for Human Rights. The
Commission further requested the High Commissioner for Human Rights to hold a
consultative meeting for all interested States, intergovernmental organizations and
non-governmental organizations in consultative status with the Economic and Social
Council, in order to finalize the basic principles and guidelines on the basis of the
comments submitted, and to transmit to the Commission, at its fifty-seventh session,
the final outcome of this meeting (see Report of the Commission on Human Rights,
E/2000/23).
By note verbale of 31 August 2000, the Secretary-General invited all Member
States to submit their comments on the basic principles and guidelines. However, as at
20 November 2000, replies had been received from only six Member States (see
E/CN.4/2001/61). At its fifty-seventh session, the Commission on Human Rights
therefore adopted decision 2001/105 of 23 April 2001, by which it requested again the
High Commissioner for Human Rights to hold a consultative meeting in order to
finalize the basic principles and guidelines and to transmit the final outcome of the
consultative meeting to the Commission for consideration at its fifty-eighth session
(see Report of the Commission on Human Rights, E/2001/23). On 24 July 2001, the
Economic and Social Council adopted decision 2001/279, by which it endorsed the
decision of the Commission on Human Rights.
At its fifty-eighth session, the Commission on Human Rights adopted
resolution 2002/44 of 23 April 2002 by which it made an identical request (see Report
of the Commission on Human Rights, E/2002/23).
The requested consultative meeting on the draft Basic principles and
guidelines on the right to a remedy and reparation for victims of violations of
international human rights and humanitarian law took place on 30 September and 1
October 2002 in Geneva, and the report of the Chairperson-Rapporteur, Mr. Alejandro
Salinas, was transmitted by the High Commissioner to the Commission on Human
Rights on 27 December 2002 (E/CN.4/2003/63). On 23 April 2003, at its fifty-ninth
session, the Commission on Human Rights adopted resolution 2003/34, by which it
requested the Chairman-Rapporteur of the consultative meeting, in consultation with
the independent experts, Messrs. van Boven and Bassiouni, to prepare a revised
version of the “Basic principles and guidelines on the right to a remedy and reparation
for victims of violations of international human rights and humanitarian law”, taking
into account the opinions and comments of States and of intergovernmental and nongovernmental organizations and the results of the consultative meeting. The
Commission further requested the High Commissioner for Human Rights to hold a
second consultative meeting, with a view to finalizing the basic principles and
guidelines, encouraged the Chairman-Rapporteur of the first consultative meeting to
conduct informal consultations with all interested parties, and requested the High
Commissioner for Human Rights to transmit to the Commission at its sixtieth session
the final outcome of the second consultative meeting (see Report of the Commission
on Human Rights, E/2003/23).
The second consultative meeting took place on 20, 21 and 23 October 2003 in
Geneva and the report of the Chairperson-Rapporteur of the consultative meeting
(E/CN.4/2004/57, annex) was transmitted by the High Commissioner for Human
Rights to the Commission on Human Rights, at its sixtieth session. On 19 April 2004,
the Commission on Human Rights adopted resolution 2004/34, by which it requested
Copyright © United Nations, 2008. All rights reserved
www.un.org/law/avl
4