The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation.
| Publisher | UN Commission on Human Rights |
| Author | UN Commission on Human Rights (39th sess. : 1983 : Geneva) |
| Publication Date | 15 February 1983 |
| Citation / Document Symbol | E/CN.4/RES/1983/5 |
| Reference | 39 |
| Cite as | UN Commission on Human Rights, The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation., 15 February 1983, E/CN.4/RES/1983/5, available at: https://www.refworld.org/docid/3b00f0cd30.html [accessed 17 September 2023] |
1983/5. The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation[1]19
The Commission on Human Rights, Recalling its resolutions 29 (XXXVI) of 11 March 1980, 11 (XXXVII) of 6 March 1981 and 1982/13. of 25 February 1982 and Economic and Social Council decisions 1981/154 of 8 May 1981 and 1982/143 of 7 May 1982 which, inter alia, reaffirm the right of the people of Kampuchea to fundamental freedoms and inalienable human rights, including the right to decide their own future and the right to self-determination, Recalling further General Assembly resolutions 34/22 of 14 November 1979, 35/6 of 22 October 1980, 36/5 of 21 October 1981 and 37/6 of 28 October 1982, which called for an end to armed intervention and the total withdrawal of foreign forces from Kampuchea, Emphasizing in particular General Assembly resolution 36/5 , in which the Assembly approved the report of the International Conference on Kampuchea,[2]20 which embraced the four cardinal elements of negotiations for a comprehensive political settlement of the Kampuchean problem and which established the Ad Hoc Committee of the International Conference on Kampuchea, Further recalling General Assembly resolution 37/6 , reaffirming the conviction that to bring about a durable peace in South-East Asia, there is an urgent need for a comprehensive political solution to the Kampuchean problem which will provide for the withdrawal of all foreign forces and ensure respect for the sovereignty, independence, territorial integrity and neutral and non-aligned status of Kampuchea, as well as the right of the Kampuchean people to self-determination free from outside interference, Noting, in particular, the formation of the Democratic Kampuchea Coalition as a positive development, Recognizing that the continuing illegal occupation of Kampuchea by foreign forces not only deprives the people of Kampuchea from exercising their right to self-determination but also forces a large number of Kampucheans to flee their own homeland as refugees and displaced persons outside Kampuchea, Having considered resolutions 13 (XXXIV) of 10 September 1981 and 1982/22 of 8 September 1982 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, by which the Sub-Commission reiterated its recommendation that the Commission on Human Rights should keep the situation of human rights in Kampuchea under continuing review and should call for a pledge by all States not to interfere in the internal political process of Kampuchea in any form whatsoever after the withdrawal of the foreign forces now in that country,1. Reiterates its condemnation of the persistent occurrence of gross and flagrant violations of human rights in Kampuchea as expressed in its resolutions 11 (XXXVII) of 6 March 1981 and 1982/13 of 25 February 1982;
2. Deplores violations of the fundamental principles of humanitarianism and the Chart of the United Nations, particularly the recent military attack by occupying troops against border encampments, including a hospital for Kampucheans on the Thai-Kampuchean border;
3. Reaffirms that the continuing occupation of Kampuchea by foreign forces deprives the people of Kampuchea of the exercise of their right to self-determination and constitutes the prima y violation of human rights in Kampuchea at present;
4. Emphasizes that the withdrawal of all foreign forces from Kampuchea, the restoration of Kampucheats independence, sovereignty and territorial integrity, the recognition of the Kampuchean people's right to self-determination and the commitment by all States to non-interference and non-intervention in the internal affairs of Kampuchea are essential components towards achieving a just and durable solution to the Kampuchean problem;
5. Strongly reaffirms its call to parties to the present conflict in Kampuchea to cease all hostilities forthwith and for the immediate and unconditional withdrawal of foreign forces from Kampuchea, as reiterated in the Declaration on Kampuchea adopted on 17 July 1981, in order:
(a) That the Kampuchean people, free from any foreign interference, aggression and coercion, will be able to exercise their fundamental and inalienable human rights in their totality and indivisibility;
(b) That the United Nations may be able to offer its services in the field of human rights and fundamental freedoms in Kampuchea;
(c) That in the exercise of the fundamental freedoms and inalienable human rights, the Kampuchean people will then be able to choose and determine their own political process through free and fair elections under United Nations supervision;
(d) That the exercise of the right of all Kampuchean refugees to return to their homeland may be made possible;
(e) That efforts towards a comprehensive political solution to the Kampuchean problem within the framework of the Declaration on Kampuchea of 17 July 1981 and the relevant United Nations resolutions may be pursued in order to establish an independent, free and non-aligned Kampuchea and thereby achieve durable peace for South-East Asia;
6. Requests the Secretary-General of the United Nations to continue to monitor closely the developments in Kampuchea and to intensify efforts, including the use of his good offices, to bring about a comprehensive political settlement and the restoration of fundamental human rights in Kampuchea;
7. Notes with appreciation the report of the Ad Hoc Committee of the International Conference on Kampuchea[3]21 and requests that the Committee continue its work, pending the reconvening of the Conference;
8. Recommends that the Economic and Social Council at its first regular session of 1983 continue to consider and in particular to undertake appropriate measures towards the early implementation of relevant recommendations with a view to achieving the fall enjoyment of the fundamental human rights and freedoms particularly the right to self-determination, of the Kampuchean people;
9. Decides to keep the situation in Kampuchea under review as a matter of priority at its fortieth session under the agenda item entitled "The right of peoples to self-determination and its application to peoples under colonial or alien. domination or foreign occupation".
[1]19 Adopted at the 22nd meeting, on 15 February 1983, by a roll-call vote of 28 to 9, with 4 abstentions. See chap. VII. [2]20 A/CONF.109/5. [3]21 A/CONF.109/6.