RES/9/11 Right to the truth

Human Rights Council

Resolution 9/11. Right to the truth

The Human Rights Council,

Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,

the International Covenant on Civil and Political Rights, the Geneva Conventions

of 12 August 1949 and the Protocols Additional thereto of 1977, and other relevant instruments

of international human rights law and international humanitarian law, as well as the Vienna

Declaration and Programme of Action,

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,

page 2

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,

Stressing the importance for the international community to endeavour to recognize the

right of victims of gross violations of human rights and serious violations of international

humanitarian law, and their families and society as a whole, to know the truth regarding such

violations, to the fullest extent practicable, in particular, the identity of the perpetrators, the

causes and facts of such violations, and the circumstances under which they occurred,

Stressing also that it is important for States to provide appropriate and effective

mechanisms for society as a whole and, in particular, for relatives of the victims, to know the

1 Official Records of the General Assembly, Fifty-first Session, Supplement No. 40 (A/51/40).

A/HRC/9/L.12 page 3 truth regarding gross violations of human rights and serious violations of international

humanitarian law,

Recalling that a specific right to the truth may be characterized differently in some legal

systems as the right to know or the right to be informed or freedom of information,

Emphasizing that the public and individuals are entitled to have access, to the fullest extent

practicable, to information regarding the actions and decision-making processes of their

Government, within the framework of each State’s domestic legal system,

Convinced that States should preserve archives and other evidence concerning gross

violations of human rights and serious violations of international humanitarian law to facilitate

knowledge of such violations, to investigate allegations and to provide victims with access to an

effective remedy in accordance with international law,

1. Recognizes the importance of respecting and ensuring the right to the truth so as to

contribute to ending impunity and to promote and protect human rights;

2. Welcomes the establishment in several States of specific judicial mechanisms and

other non-judicial mechanisms such as truth and reconciliation commissions, that complement

the justice system, to investigate violations of human rights and violations of international

humanitarian law, and appreciates the elaboration and publication of the reports and decisions of

these bodies;

3. Encourages the States concerned to disseminate, implement and monitor

implementation of the recommendations of non-judicial mechanisms such as truth and

reconciliation commissions, and provide information regarding compliance with the decisions of

judicial mechanisms;

4. Encourages other States to consider establishing specific judicial mechanisms and,

where appropriate, truth and reconciliation commissions to complement the justice system, to

investigate and address gross violations of human rights and serious violations of international

humanitarian law;

page 4 5. Encourages States to provide requesting States the necessary and appropriate

assistance regarding the right to the truth by means of, among other actions, technical

cooperation and exchange of information concerning administrative, legislative and judicial and

non-judicial measures, as well as experiences and best practices that have as a purpose the

protection, promotion and implementation of this right;

6. Encourages all States that have not done so to consider signing, ratifying or acceding

to the International Convention for the Protection of All Persons from Enforced Disappearance;

7. Requests the Office of the United Nations High Commissioner for Human Rights to

prepare a comprehensive study, to be presented to the Council at its twelfth session, on best

practices for the effective implementation of this right, including, in particular, practices relating

to archives and records concerning gross violations of human rights with a view to create

guidelines on protecting archives and records concerning gross human rights violations, and

programmes for the protection of witnesses and other persons involved in trials connected with

such violations;

8. Also requests the Office of the High Commissioner to prepare a report, to be

presented to the Council at its fifteenth session, on the use of forensic experts in case of gross

violations of human rights with a view to identifying trends and best practices in this regard;

9. Decides to convene a panel to discuss issues related to the present resolution at its

thirteenth session;

10. Invites special rapporteurs and other mechanisms of the Council, in the framework of

their mandates, to take into account, as appropriate, the issue of the right to the truth;

11. Decides to consider this matter at its twelfth session under the same agenda item or at

the corresponding session in conformity with its annual programme of work.

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