Situation in Kampuchea.

1986/25. Situation in Kampuchea[1]81

The Commission on Human Rights, Recalling its resolutions 29 (XXXVI) of 11 March 1980, 11 (XXXVII) of 6 March 1981, 1982/13 of 25 February 1982, 1983/5 of 15 February 1983, 1984/12 of 29 February 1984 and 1985/12 of 27 February 1985, and Economic and Social Council decisions 1981/154 of 8 May 1981, 1982/143 of 7 may 1982, 1983/155 of 27 May 1983, 1984/148 of 24 May 1984 and 1985/155 of 30 May 1985, Recalling that all its resolutions reaffirm the inherent and inalienable right of the people of Kampuchea to fundamental freedoms and human rights, in particular the right to self-determination, Recalling once again General Assembly resolutions 34/22 of 14 November 1979, 35/6 of 22 October 1980, 36/5 of 21 October 1981, 37/6 of 28 October 1982, 38/3 of 27 October 1983, 39/5 of 30 October 1984 and 40/7 of 5 November 1985, which called inter alia for an end to armed intervention, the total withdrawal of foreign forces from Kampuchea, and urgent recourse to a negotiated peaceful settlement, particularly in the context of these resolutions, Emphasizing in particular General Assembly resolutions 36/5, 38/3, 39/5 and 40/7, in which the Assembly approved the report of the International Conference on Kampuchea,[2]82 which embraced the four cardinal elements of negotiations for a comprehensive political settlement of the Kampuchean problem, and the reports of the Ad Hoc Committee of the International Conference on Kampuchea,[3]83 with the request that the Committee continue its work pending the reconvening of the Conference, Further recalling General Assembly resolutions 37/6, 38/3, 39/5 and 40/7 which reaffirm the conviction that, to bring about a durable peace in South-East Asia, there is an urgent need for the international community to find a comprehensive political solution to the Kampuchean problem that 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, Deploring the continuance of foreign armed intervention in and occupation of Kampuchea, which deprive the Kampuchean people of their right to the exercise of self-determination, Recognizing the importance of the continued effectiveness of the coalition with Samdech Norodom Sihanouk as President of Democratic Kampuchea in the struggle against foreign occupation in Kampuchea, Recognizing that the continuing illegal occupation of Kampuchea by foreign forces not only deprives the people of Kampuchea of the exercise of 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, Emphasizing that it is the inalienable right of the Kampuchean people who have sought refuge in neighbouring countries to return safely to their homeland, Emphasizing further that the effective and full enjoyment of human rights by the Kampuchean people as well as the solution of humanitarian problems cannot be achieved without a comprehensive political settlement of the Kampuchean conflict, Seriously concerned that the continuing illegal occupation of Kampuchea and the reported demographic changes imposed by foreign occupation forces in Kampuchea are a threat to the survival of the Kampuchean people and culture, 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 way whatsoever after the withdrawal of the foreign forces currently 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), 1982/13, 1983/5, 1984/12 and 1083/12;

2. Deplores the continued violations of the fundamental principles of human rights and the Charter of the United Nations, particularly the repeated military attacks by the occupying troops against civilians along the Thai-Kampuchean border, such as those perpetrated during the last dry season which forced 250,000 Kampuchean civilians to flee their homeland to seek temporary refuge in Thailand, and the reported forced demographic changes and displacement of the Kampuchean population;

3. Reaffirms that the continuing illegal occupation of Kampuchea by foreign forces deprives the people of Kampuchea of the exercise of their right to self-determination and constitutes the primary violation of human rights in Kampuchea at present;

4. Emphasizes that the withdrawal of all foreign forces from Kampuchea, the restoration of Kampuchea's 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 of 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[4]84 adopted on 17 July 1981, in order that:

(a) 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) The United Nations may be able to offer its services effectively in the field of human rights and fundamental freedoms in Kampuchea;

(c) In the exercise of their fundamental freedoms and inalienable rights, the Kampuchean people will then be able to choose and determine their own future through free and fair elections under United Nations supervision;

(d) The exercise of the right of all Kampuchean refugees to return to their homeland in safety may be made possible;

(e) 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 with a view to establishing an independent, free and non-aligned Kampuchea and thereby achieving durable peace for South-East Asia;

6. Expresses its deep appreciation to the Secretary-General for his report on the implementation of General Assembly resolution 39/5 [5]85 and requests him to continue to take constructive steps in order to bring about a solution to the Kampuchean problem;

7. Requests the Secretary-General to continue to monitor closely the developments in Kampuchea and urgently 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;

8. Notes with appreciation the reports of the Ad Hoc Committee of the International Conference on Kampuchea and requests that the committee continue its work and that the Conference be reconvened at an appropriate time, in accordance with General Assembly resolution 40/7 ;

9. Recommends that the Economic and Social Council at its first regular session of 1986 continue to consider, and in particular to undertaker appropriate measures towards the early implementation of relevant recommendations, with a view to achievement of the full enjoyment of the fundamental human rights and freedoms of the Kampuchean people, particularly determination;

10. Decides to keep the situation in Kampuchea under review as a matter third session under the agenda Item entitled of high priority at its forty "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation".

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[1]81 Adopted at the 50th meeting, on 10 March 1986, by a roll-call vote of 30 to 9, with 2 abstentions. See chap. IX, para. 195. [2]82 Report of the International Conference on Kampuchea, New York, 13-17 July 1981 (United Nations publication, Sales No. E.81.I.20). [3]83 A/CONF.109/7, A/CONF.109/8 and A/CONF.109/9. [4]84 Report of the International Conference on Kampuchea, New York, 13-17 July 1981 (United Nations publication, Sales No. E.81.I.20), annex I. [5]85 A/40/759.