In lieu of an abstract, here is a brief excerpt of the content:

Chapter 4 The Question of the Impunity of Perpetrators of Human Rights Violations (excerpts) . . . I. Preliminary Considerations 18. Article 22 of the Universal Declaration of Human Rights speciWes that “Everyone . . . is entitled to realization, through national effort and international cooperation . . . of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.” Further to the reference to international cooperation, the International Covenant on Economic, Social and Cultural Rights provides in Article 2, paragraph 1, that “Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant.” 19. The commitment thus made is a guarantee for the legal protection of these rights. While it is true that many studies have been made of economic, social and cultural rights and of collective rights such as the right to development and the right to a healthy environment from the point of view of their history, legal basis, regulation or scope, there have been very few on ways of combating violations of them. Any serious study of the kind will be concerned with giving these rights a deWnite legal value, the basis for which exists in the numerous relevant international human rights instruments. 20. Before listing some of these instruments and in response to requests by some representatives of States or non-governmental organizations, it is important to outline a deWnition of the impunity which is the subject of this report. Impunity can be understood as the absence or inadequacy of penalties and/or compensation for massive and Report submitted by Mr. El Hadji Guissé, Special Rapporteur to the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, E/CN.4/Sub.2/1997/8. grave violations of the human rights of individuals or groups of individuals. This deWnition is applicable to civil and political rights, as well as economic, social and cultural rights, and also to collective or communal rights. 21. To be complete and effective, the campaign against impunity must be preceded by a serious and thorough investigation to bring to light the factual sources of the violations and identify the perpetrators and the victims so that the former can be punished and the damage done to the latter can be appropriately remedied. 22. The campaign against impunity should focus on the absence of penalties or compensation and the inadequacy of penalties or compensation already in existence or contemplated. The obligation to protect and promote all human rights includes that to punish and compensate the harm and damage which result from their violation. 23. Numerous international legal instruments incorporate the principle of combating impunity with regard to the violations of economic, social and cultural rights and the right to development. Although the legal framework for the right to a healthy environment is still lacking, that does not prevent it from being included in the existing legal framework. The most important instruments enshrining this principle include the Charter of the United Nations and the Universal Declaration of Human Rights: (a) The Charter of the United Nations: its Preamble states that the peoples of the United Nations are determined “to reafWrm faith in fundamental human rights” and “to promote social progress and better standards of life in larger freedom.” Article 1, paragraph 3, stipulates that one of the Purposes of the United Nations is “to achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” Article 55 adds: “With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the United Nations shall promote . . . universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language , or religion”; (b) The Universal Declaration of Human Rights: according to Article 22, everyone “is entitled to realization, through national effort and international cooperation . . . , of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.” 24. This principle has been taken up and developed by other international instruments adopted by the United Nations and by...

Share