78
262. The United Nations has recognized the right to know the truth through the statements of
the General Assembly, 305 the Secretary-General, 306 and the Security Council, 307 as well as
numerous resolutions and reports of bodies and agencies such as the Working Group on Enforced
Disappearances, the Special Rapporteur on States of Emergency, the United Nations High
Commissioner for Human Rights, the Human Rights Council and the former Commission on Human
Rights.308 Within the sphere of the UN, the International Convention for the Protection of All
Persons from Enforced Disappearance expressly recognizes, in Article 24(2), that “[e]ach victim
has the right 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.” 309 In addition,
the set of principles for the protection and promotion of human rights through action to combat
impunity recognize that the next of kin of disappeared victims have the “imprescriptible right to
know the truth […] regarding the victim’s fate.” 310
263. In the regional sphere, the European Union has ruled on the right to know the truth in
resolutions on missing persons, 311 among others. 312 In addition, in several resolutions the General
Assembly of the Organization of American States (OAS) has “recognize[d] the importance of
The United Nations General Assembly, in some of its resolutions, has expressed its deep concern over the anguish
and pain of the families affected by forced disappearances. Cf. United Nations General Assembly. Resolutions No. 3220 (XXIX)
of November 6, 1974, No. 33/173 of December 20, 1978, No. 45/165 of December 18, 1990, and No. 47/132 of February 22,
1993. Likewise, it has ruled on the importance of determining the truth in cases of genocide, war crimes, crimes against
humanity and serious violations of human rights. Cf. United Nations General Assembly. Resolutions No. 55/118 of March 1,
2001, No. 57/105 of February 13, 2003, No. 57/161 of January 28, 2003, and No. 60/147 of March 21, 2006.
306
The United Nations Secretary General has recognized the right to know the truth in the bulletin entitled "Observance
by United Nations forces of international humanitarian law,” which establishes that the United Nations forces shall respect the
right of the families to know about the fate of their sick, wounded and deceased relatives. It has also emphasized the
importance of truth in the context of transitional justice. Cf. UN Secretary General’s Bulletin. Observance by United Nations
forces of international humanitarian law. ST/SGB/1999/13, August 6, 1999, rule 9.8, and Report of the United Nations
Secretary General. The Rule of Law and Transitional Justice in societies that suffer or have suffered conflicts. S/2011/634,
October 12, 2011.
307
The United Nations Security Council has issued resolutions emphasizing the importance of establishing the truth with
respect to crimes against humanity, genocide, war crimes and flagrant violations of human rights. Cf. Security Council
resolutions No. 1468 (2003) of March 20, 2003, No. 1470 (2003) of March 28, 2003 and No. 1606 (2005) of June 20, 2005.
308
Cf. Report of the Working Group on Enforced or Involuntary Disappearances. E/CN.4/1435. January 22, 1981, para.
187; Commission on Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities. The
Administration of Justice and the Human Rights of Detainees: Question of Human Rights and States of Emergency.
E/CN.4/Sub.2/1995/20, June 20, 1995, paras. 39 to 40; United Nations Commission on Human Rights. Report of the United
Nations High Commissioner for Human Rights on the human rights situation in Colombia. E/CN.4/2005/10. February 28, 2005,
para. 5; Report of the Office of the United Nations High Commissioner for Human Rights. Study on the right to the truth, U.N.
Doc. E/CN.4/2006/91, January 9, 2006, paras. 57 and 59; United Nations Commission on Human Rights. Resolutions No.
1989/62 of March 8, 1989, No. 2002/60, April 25, 2002, No. 2005/35, April 19, 2005 and No. 2005/66, April 20, 2005; United
Nations Human Rights Council. Resolutions No. 9/11 of September 24, 2008 and No. 12/12 of October 1, 2009. For its part,
the International Committee of the Red Cross (ICRC) has considered that the right to know the truth is a norm of customary
international law and each party to the conflict must take all feasible measures to account for persons reported missing as
a result of armed conflict and must provide their family members with any information it has on their fate. Cf. Resolution II
of the XXIV International Conference of the Red Cross and Red Crescent (Manila, 1981).
309
Cf. International Convention for the Protection of All Persons from Enforced Disappearance, Article 24. Similarly,
Article 32 of Additional Protocol I to the 1949 Geneva Conventions, relating to the Protection of Victims of International Armed
Conflicts, recognizes the right to know the whereabouts of missing persons; while the Geneva Conventions of August 12, 1949,
incorporate several provisions that impose on the parties to the conflict the obligation to resolve the problem of missing
combatants and to establish a central tracing agency. Cf. Protocol I Additional to the 1949 Geneva Conventions relating to the
Protection of Victims of International Armed Conflicts, August 12, 1977, and Articles 16 and 17 of the IV Geneva Convention
relative to the Protection of Civilian Persons in Time of War, August 12, 1949; Articles 18, 19 and ss. of the II Geneva
Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces
at Sea, August 12, 1949, and Articles 15 and 16. I Geneva Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field, August 12, 1949.
310
Cf. Set of updated principles for the protection and promotion of human rights through action against impunity, a
Doc. E/CN.4/2005/102/Add.1, February 8, 2005, Principles 1 to 5.
311
Cf. European Parliament. Resolution on missing persons in Cyprus, January 11, 1983.
312
Cf. Conclusions of the Council of the European Union on Colombia, October 3, 2005, Luxemburg, para. 4.
305