Question of human rights and fundamental freedoms in Afghanistan.

1989/67. 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 relevant resolutions, in particular resolution 1984/55 of 15 March 1984, 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 situation of human rights in Afghanistan, with a view to formulating proposals that could contribute to ensuring full protection of the human rights of all residents of the country before, during and after the withdrawal of foreign forces, Recalling also the relevant resolutions of the General Assembly and the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling in particular its resolution 1988/67 of 10 March 1988 and Economic and Social Council decision 1988/136 of 27 May 1988, by 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, Welcoming the Agreements on the Settlement of the Situation Relating to Afghanistan, concluded at Geneva on 14 April 1988 (S/19835, annex I), which constitute an important step towards a comprehensive political solution, based on the right of self-determination, and the creation of a situation that will permit the full enjoyment of human rights by the Afghan people, Welcoming the completion of the withdrawal of foreign troops from Afghanistan in accordance with the relevant provisions of the Geneva Agreements, Welcoming the co-operation that the Afghan authorities have extended to international organizations, in particular to the Special Co-ordinator for Humanitarian and Economic Assistance relating to Afghanistan, the specialized agencies of the United Nations, the Office of the United Nations High Commissioner for Refugees and the International Committee of the Red Cross, Having carefully examined the final report (A/CN.4/1989/24) of the Special Rapporteur on the question of human rights and fundamental freedoms in Afghanistan, which, while recognizing some improvements, reveals continuing violations of fundamental human rights in Afghanistan, Regretting that the Special Rapporteur was unable to visit all areas in Afghanistan, Recognizing with deep concern that a situation of armed conflict continues to exist in Afghanistan, leaving large numbers of victims and causing enormous human suffering to the civilian population, Recognizing with grave concern that the treatment of prisoners detained in connection with the conflict does not conform to the internationally recognized principles of humanitarian law, Recognizing with equal concern that more than five million refugees are living outside Afghanistan, that many Afghans are displaced within the country, and that in both cases the numbers have increased,

1. Takes note with appreciation of the final report of the Special Rapporteur (E/CN.4/1989/24) and of the considerations and recommendations contained therein;

2. Welcomes the co-operation of the Afghan authorities with the Special Rapporteur;

3. Urges all parties concerned to work for a comprehensive political solution, based on the right of self-determination, and for the creation of situation that will permit the full enjoyment of human rights by the Afghan people;

4. Calls once again upon all parties to the conflict, in order to alleviate the serious suffering of the Afghan people, strictly to respect human life and the principles and provisions of international humanitarian law and to co-operate fully and effectively with the Special Co-ordinator for Humanitarian and Economic Assistance relating to Afghanistan, with international humanitarian organization, in particular by granting them, and especially the International Committee of the Red Cross, unrestricted access to all parts of the country;

5. Notes with grave concern the continuation of the armed conflict which threatens the life and security of innocent men, women and children;

6. Urges all parties to the conflict to release all prisoners of war in accordance with the internationally recognized principles of humanitarian law;

7. Expresses its great concern at the number of refugees who remain outside Afghanistan because they fear the climate of insecurity in the country and the extensive presence of mines and explosives;

8. Urges all parties concerned to do everything possible to facilitate the return of refugees and displaced persons in safety, in co-ordination with all the international organizations concerned, and especially with the Special Co-ordinator for Humanitarian and Economic Assistance relating to Afghanistan and the Office of the United Nations High Commissioner for Refugees;

9. Expresses its concern at reports of the interrogation practices of the Afghan authorities, including ill-treatment and torture, at the large number of political prisoners and at the conditions of prisoners awaiting trial;

10. Expresses equal concern at the allegations of atrocities committed against Afghan soldiers, civil servants and their families;

11. Urges all parties to the conflict to treat all prisoners in their custody in accordance with the internationally recognized principles of humanitarian law and to protect them from all acts of reprisal and violence, including ill-treatment, torture and summary execution;

12. Calls again upon the Afghan authorities to investigate thoroughly the fate of disappeared persons in co-operation with international humanitarian organizations and especially with the Commission on Human Rights, its Sub-Commission and the Special Rapporteur;

13. Requests the Working Group on Enforced or Involuntary Disappearances to examine the cases of the disappeared persons listed in annex I to the report of the Special Rapporteur;

14. Takes note of the recommendation of the Special Rapporteur that, in many respects, recourse might be had to the assistance that may be provided under the advisory services of the Centre for Human Rights;

15. Urges all parties concerned not to place any ban whatsoever on supplies of medicines, food and any other goods essential for the survival of the civilian population;

16. Urges all parties concerned to extend their full co-operation to the Commission on Human-Rights and its Special Rapporteur;

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

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

19. Decides to continue its consideration of the human rights situation in Afghanistan as a matter of high priority at its forty-sixth session under the agenda item "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories".

55th meeting
8 March 1989
[Adopted without a vote. See chap. XII.]