A/HRC/18/2
Guided by the Charter of the United Nations, 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,12 and the updated version of those principles,13
Recalling also General Assembly resolution 60/147 of 16 December 2005 on 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, as well as Human Rights Council
resolutions 12/11 of 1 October 2009, on human rights and transitional justice, 9/11 of 18
September 2008 and 12/12 of 1 October 2009, on the right to the truth, and 10/26 of 27
March 2009 and 15/5 of 29 September 2010, on forensic genetics and human rights, as well
as Council decisions 2/105 of 27 November 2006, on the right to the truth. and 4/102 of 23
March 2007, on transitional justice,
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 societies,14 including the relevant recommendations
contained therein, and the report of the Secretary-General entitled “Uniting our strengths:
enhancing United Nations support for the rule of law”,15
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,
Recalling also General Assembly resolution 60/251 of 15 March 2006,
Recognizing that the special procedure on the promotion of truth, justice, reparations
and guarantees of non-recurrence will deal with situations in which there have been gross
violations of human rights and serious violations of international humanitarian law,
12
13
14
15
GE.12-17756
E/CN.4/Sub.2/1997/20/Rev.1, annex II.
E/CN.4/2005/102/Add.1.
S/2004/616.
A/61/636-S/2006/980.
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