Question of human rights and fundamental freedoms in Afghanistan.

1986/40. Question of human rights and fundamental freedoms in Afghanistan[1]119

The Commission on Human Rights, Guided by the principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and the humanitarian rules set out In the Geneva Conventions of 12 August 1949,[2]120 Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms for all and resolved to remain vigilant with regard to violations of human rights wherever they occur, Emphasizing the obligation of all Governments to respect and protect human rights and to fulfil the responsibilities they have assumed under various international instruments, Recalling its resolution 1984/55 of 15 March 1984, in which it expressed its concern and anxiety at the continuing presence of foreign forces in Afghanistan, as well as Economic and Social Council resolution 1984/37 of 24 May 1984, in which the Council requested the Chairman of the Commission on Human Rights to appoint a special rapporteur to examine the human rights situation in Afghanistan, Recalling also its resolution 1085/38 of 13 March 1985, by which the Commission expressed its profound concern at the grave and massive human rights violations in Afghanistan and urged the authorities in that country to put a stop to these violations, in particular the military repression being conducted against the civilian population of Afghanistan, Recalling further Economic and Social Council decision 1985/147 of 30 May 1985, by which the Council approved the Commission's decision to extend the mandate of the Special Rapporteur and requested him to report to the General Assembly at its fortieth session and to the Commission at its forty second session on the situation of human rights in Afghanistan, including the human and material losses resulting from bombardments of the civilian population, Recalling also resolution 1985/35 of 30 August 1985 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, in which the Sub-Commission requested the Commission to ask the Special Rapporteur to look, in particular, into the fate of women and children as a consequence of the conflict in Afghanistan, Recalling further General Assembly resolution 40/137 of 13 December 1985, in which the Assembly expressed its profound concern that disregard for human rights in Afghanistan was more widespread and that the conflict continued to engender human rights violations on a large scale, endangering, as a result, not only the lives of individuals but the existence of whole groups of persons and tribes, Having carefully examined the report of the Special Rapporteur on the question of human rights and fundamental freedoms in Afghanistan,[3]121 which reveals continuing grave and massive violations of fundamental human rights in that country, Recognizing that a situation of armed conflict continues to exist in Afghanistan, leaving large numbers of victims without protection or assistance, Deploring the continuing refusal of the Afghan authorities to co-operate with the Special Rapporteur,

1. Commends the Special Rapporteur for his report on the situation of human rights in Afghanistan;

2. Expresses its deep concern that the Afghan authorities, with heavy support from foreign troops, are acting with great severity against their opponents and suspected opponents without any respect for the international human rights obligations which they have assumed;

3. Expresses its grave concern at the methods of warfare used, which are contrary to humanitarian standards and the relevant instruments to which the States concerned are parties;

4. Expresses also its grave concern in particular at the severe consequences for the civilian population of indiscriminate bombardments and military operations primarily targeted on villages and the agricultural structure;

5. Shares the conviction of the Special Rapporteur that the duration of the conflict increases the seriousness of the gross and systematic violations of human rights already existing in the country;

6. Expresses once again its profound distress and alarm, in particular, at the widespread violations of the right to life, liberty and security of person, including the commonplace practice of torture and summary executions of the régime's opponents, as well as increasing evidence of a policy of religious intolerance;

7. Expresses its deep concern about the number of persons detained for seeking to exercise their fundamental human rights and freedoms, and their detention under conditions contrary to internationally recognized standards;

8. Notes with great concern that the educational system does not appear to respect the liberty of parents to ensure the religious and moral education of their children in conformity with their own convictions;

9. Notes with great concern that such widespread violations of human rights, which have already caused millions of people to flee their homes and country, are still giving rise to large flows of refugees and displaced persons;

10. Calls once again upon the parties to the conflict to apply fully the principles and rules of international humanitarian law and to admit international humanitarian organizations, in particular the International Committee of the Red Cross, and to facilitate their operations for the alleviation of the suffering of the people in Afghanistan;

11. Decides to extend the mandate of the Special Rapporteur for a year and to request him to report to the General Assembly at its forty-first session and to the Commission on Human Rights at its forty-third session on the question of human rights and fundamental freedoms in Afghanistan;

12. Urges once again the authorities in Afghanistan to co-operate with the Commission on Human Rights and its Special Rapporteur, in particular by allowing him to visit Afghanistan;

13. Requests the Secretary-General to give all necessary assistance to the Special Rapporteur;

14. Decides to continue its consideration of the human rights situation in Afghanistan as a matter of high priority at its forty-third session.

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[1]119 Adopted at the 54th meeting, on 12 March 1986, by a roll-call vote of 28 to 9, with 5 abstentions. See chap. XII, para. 307. [2]120 United Nations, Treaty Series, vote 75, Nos. 970-973. [3]121 E/CN.4/1986/24.