Recognizing the universality, indivisibility, interdependence and interrelatedness of civil,
political, economic, social and cultural rights,
Recalling article 32 of Additional Protocol I to the Geneva Conventions of 12 August 1949
and Relating to the Protection of Victims of International Armed Conflicts, which recognizes the
right of families to know the fate of their relatives,
Recalling also that article 33 of Additional Protocol I provides that the parties to an armed
conflict shall search for the persons who have been reported missing, as soon as circumstances
permit,
Recalling further the International Convention for the Protection of All Persons from
Enforced Disappearance, adopted by the General Assembly in its resolution 61/177, in which
article 24 (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,
Taking into account resolution 2005/66 of the Commission on Human Rights and Council
decision 2/105 on the right to the truth,
Acknowledging the reports of the Office of the United Nations High Commissioner for
Human Rights on the right to the truth (E/CN.4/2006/91, A/HRC/5/7) and its significant
conclusions related to the right to know the truth about gross violations of human rights and
serious violations of international humanitarian law,
Stressing that adequate steps to identify victims should also be taken in situations not
amounting to armed conflict, especially in cases of massive or systematic violations of
human rights,
Recalling the set of principles for the protection and promotion of human rights through
action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1, annex II) and taking note with
appreciation of the updated version of those principles (E/CN.4/2005/102/Add.1),
Noting that the Human Rights Committee1 and the Working Group on Enforced or
Involuntary Disappearances (E/CN.4/1999/62) have recognized the right of the victims of gross
violations of human rights and the right of their relatives to the truth about the events that have
taken place, including the identification of the perpetrators of the facts that gave rise to such
violations,
Acknowledging, in cases of gross violations of human rights and serious violations of
international humanitarian law, the need to study the interrelationship between the right to the
truth and the right to access to justice, the right to obtain effective remedy and reparation, and
other relevant human rights,
1
Official Records of the General Assembly, Fifty-first Session, Supplement No. 40 (A/51/40).
29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents