Appendix I: Reparations for Victims of Gross Violations of Human Rights
| DOI | 10.1177/016934419401200112 |
| Published date | 01 March 1994 |
| Date | 01 March 1994 |
| Subject Matter | Part C: Appendices |
Part
C: Appendices
Appendix I
Reparations for Victims of Gross Violations of
Human
Rights
The
UN
Sub-Commission on Prevention of Discrimination and Protection of Minorities
decided
in
1989 that a study be undertaken on 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.
For
that purpose the Sub-Commission appointed
Mr.
Theo van Boven
(Netherlands) as Special Rapporteur. Mr. Van Boven presented at subsequent sessions of
the Sub-Commission apreliminary report and two interim reports and in 1993 he
completed his study and presented his [mal report to the Sub-Commission (UN doc.
E/CN.4/Sub.2/1993/8). In his final report he acknowledges that he drew considerable
benefit from the Seminar on the Right to Restitution, Compensation and Rehabilitation for
Victims
of
Gross Violations
of
Human Rights and Fundamental Freedoms held in March
1992 at the University of Limburg, Maastricht, the proceedings of which were published
in a special issue of the Netherlands Quarterly of Human Rights (SIM Special No. 12,
1992).
As a matter of general interest the last two sections of Mr. Van Boven's [mal report
are reproduced below. These sections contain [mal remarks, conclusions and recom-
mendations as well as a set
of
proposed basic principles and guidelines.
The
Sub-
Commission decided in its resolution 1993/29 of 25 August 1993 to transmit the study of
the Special Rapporteur to the Commission on Human Rights with a view to its publication
and dissemination and it invited the Commission to pay particular attention to the
conclusions and recommendations of the study. Moreover, the Sub-Commission decided
in the same resolution to examine further the proposed basic principles and guidelines at
its 1994 session and to establish for that purpose asessional working group with a view
to adopting a body of such principles and guidelines. In the meantime governments and
competent intergovernmental and non-governmental organizations are invited to submit
their comments on the proposed basic principles and guidelines.
The
Special Rapporteur
has recommended that the United Nations, during the current Decade of International
Law, give priority attention to adopting a set
of
principles and guidelines on the right to
reparation for victims
of
gross violations of human rights.
Final
report
UN doc.
E/CN.4/Sub.2/1993/8
Final remarks; conclusions and
recommendations
It
is obvious that gross violations
of
human rights and fundamental freedoms, particularly
when they have
been
committed on a massive scale, are by their nature irreparable. In
such instances any remedy or redress stands in no proportional relationship to the grave
injury inflicted upon the victims. It is nevertheless an imperative
norm
of justice that the
responsibility of the perpetrators be clearly established and that the rights of the victims
be sustained to the fullest possible extent.
It is clear from the present study that only scarce or marginal attention is given to the
issue
of
redress and reparation to the victims.
The
disregard of the rights of the victims
is also pointed out by United Nations rapporteurs and working groups that deal with
consistent patterns of gross violations of human rights.
For
example, the Special
93
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