United Nations Audiovisual Library of International Law
GENERAL ASSEMBLY RESOLUTION 60/147
(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)
The issue of basic principles and guidelines on the right to a remedy and
reparation for victims of gross violations of international human rights and
humanitarian law was first raised in 1988 during the fortieth session of the SubCommission on Prevention of Discrimination and Protection of Minorities, in the
context of its basic mandate to make recommendations to the Commission on Human
Rights concerning the prevention of discrimination of any kind relating to human
rights and fundamental freedoms. On 1 September 1988, the Sub-Commission adopted
resolution 1988/11 in which it decided to discuss the matter of compensation at its
forty-first session with a view to considering the possibility of developing some basic
principles and guidelines in this respect (see Report of the Sub-Commission,
E/CN.4/Sub.2/1988/45).
At its forty-first session, the Sub-Commission adopted resolution 1989/13 of
31 August 1989, by which it decided to entrust Mr. Theo van Boven, as Special
Rapporteur, with the task of undertaking a study concerning the right to restitution,
compensation and rehabilitation for victims of gross violations of human rights and
fundamental freedoms, with a view to exploring the possibility of developing some
basic principles and guidelines in this respect, and requested him to submit a
preliminary report on the matter for consideration by the Sub-Commission at its fortysecond session (see Report of the Sub-Commission, E/CN.4/Sub.2/1989/58
(E/CN.4/1990/2). At its forty-sixth session, upon recommendation of the Subcommission, the Commission on Human Rights adopted resolution 1990/35 of 2
March 1990, by which it recommended the Economic and Social Council to adopt a
resolution authorizing the Sub-Commission to entrust Mr. van Boven with the
abovementioned task and requesting the Secretary-General to provide him with all the
assistance needed for this task (see report of the Commission on Human Rights,
E/1990/22). The Economic and Social Council adopted resolution 1990/36 of 25 May
1990 to this effect.
At its forty-second session, the Sub-Commission considered the preliminary
report submitted by the Special Rapporteur (E/CN.4/Sub.2/1990/10) and adopted
resolution 1990/6 of 30 August 1990, by which it requested the Special Rapporteur to
prepare a progress report for its forty-third session, taking into account comments
made in the discussion on the preliminary report, as well as the relevant work and
recommendations of the Committee on Crime Prevention and Control and relevant
decisions of the Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, and to undertake the necessary consultations with the United
Nations Centre for Social Development and Humanitarian Affairs (see Report of the
Sub-Commission, E/CN.4/Sub.2/1990/59 (E/CN.4/1991/2)).
The Special Rapporteur accordingly submitted his first progress report to the
Sub-Commission on 25 July 1991, for its forty-third session (E/CN.4/Sub.2/1991/7).
On 29 August 1991, the Sub-Commission adopted resolution 1991/25, by which it
requested the Special Rapporteur to continue his study and to submit a second progress
report containing additional information on and an analysis of relevant decisions and
views of international human rights organs, as well as of national law and practice to
the Sub-Commission, at its forty-fourth session, and a final report at its forty-fifth
session (see Report of the Sub-Commission, E/CN.4/Sub.2/1991/65 (E/CN.4/1992/2)).
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