Question of human rights and fundamental freedoms in Afghanistan.

1987/58. Question of human rights and fundamental freedoms in Afghanistan

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, 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 1985/38 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 those 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, Recalling its resolution 1986/40 of 12 March 1986, in which it expressed 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, Recalling also General Assembly resolution 41/158 of 4 December 1986, in which the Assembly stated that it shared the conviction of the Special Rapporteur that the duration of the conflict increased the seriousness of the gross and systematic violations of human rights already existing in the country, Taking note of Economic and Social Council decision 1986/136 of 23 May 1986, in which the Council approved the Commission's decision to extend for one year the mandate of the Special Rapporteur on the question of human rights and fundamental freedoms in Afghanistan, Having carefully examined the report of the Special Rapporteur on the question of human rights and fundamental freedoms in Afghanistan (E/CN.4/1987/22), which reveals continuing grave and massive violations of fundamental human rights in that country, Taking note of the recent declarations on national reconciliation proclaimed by the Afghan authorities, Recognizing that a situation of armed conflict continues to exist in Afghanistan, leaving large numbers of victims without protection or assistance, Welcoming the resumption of the activities of the International Committee of the Red Cross in Afghanistan, Noting with satisfaction that the Afghan authorities no longer maintain their regrettable refusal to co-operate with the Special Rapporteur and have expressed their willingness to co-operate with the Commission and the Special Rapporteur, and that they have invited the Special Rapporteur, in a letter dated 4 March 1987, to visit Afghanistan,

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 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 at continuing 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;

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-second session and to the Commission on Human Rights at its forty-fourth session on the question of human rights and fundamental freedoms in Afghanistan, taking into consideration the effects on the human rights situation in the country of the announced intention to initiate a process of reconciliation;

12. Welcomes the invitation extended to the Special Rapporteur to visit Afghanistan, and expresses the hope that this visit will take place in time to enable the Special Rapporteur to include findings based on his visit in his interim report to the General Assembly, as well as in his report to the Commission;

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-fourth session.

56th meeting
11 March 1987
[Adopted by a roll-call vote of 26 to 8, with
7 abstentions. See chap. XII.]