Situation in Cambodia

1990/9. Situation in Cambodia

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, 1985/12 of 27 February 1985, 1986/25 of 10 March 1986, 1987/6 of 19 February 1987, 1988/6 of 22 February 1988 and 1989/20 of 6 March 1989 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, 1985/155 of 30 May 1985, 1986/146 of 23 May 1986, 1987/155 of 29 May 1987, 1988/143 of 27 May 1988 and 1989/156 of 24 May 1989, Recalling that all General Assembly resolutions and all its resolutions reaffirm the inherent and inalienable right of the people of Cambodia to fundamental freedoms and human rights, in particular the right to self-determination, Also recalling that the General Assembly, in its resolution 44/22 of 16 November 1989, inter alia, called upon all parties concerned to intensify all efforts towards ensuring that the Cambodian problem be resolved through a comprehensive political settlement, with effective guarantees. Further recalling that the General Assembly, in its resolution 44/22, affirmed that any withdrawal of foreign forces from Cambodia without United Rations supervision, control and verification is not within the framework of a comprehensive political settlement, Considering that a complete withdrawal of foreign forces must be verified by the United Nations, Emphasizing that the effective and full enjoyment of human rights, particularly the inalienable right to self-determination by the Cambodian people, as well as the solution of humanitarian problems cannot be achieved without a comprehensive political settlement of the problem in Cambodia, Greatly disturbed that the continuing conflict and instability in Cambodia have forced additional numbers of Cambodians to flee their own homeland as refugees and displaced persons outside Cambodia, Expressing its deep appreciation to the host country, Thailand, the donor countries, the United Nations, the specialized agencies and other humanitarian organizations for facilitating and ensuring the effective and efficient provision of humanitarian relief assistance to those Cambodian displaced persons in border camps, Emphasizing that it is the inalienable right of those Cambodians who have sought temporary refuge in neighbouring countries to return in safety, security and dignity, Seriously concerned about reported demographic changes imposed in Cambodia as a result of foreign occupation which are a threat to the survival of the Cambodian people and culture, Recognizing that the Jakarta Informal Meetings held from 25 to 28 July 1988 (see A/43/493 S/20071) and from 19 to 21 February 1989 (see A/44/138 S/20477 and Corr.1) have made a significant contribution towards achieving a comprehensive political settlement of the Cambodian problem, Recognizing also that the first ministerial meeting of the International Conference on Cambodia, held in Paris from 30 July to 30 August 1989, achieved progress in elaborating a wide variety of elements necessary for reaching a comprehensive settlement, although it was not yet possible to achieve a comprehensive political settlement, and that the Conference should be reconvened in due time after consultations by the co-presidents with the participants (see A/44/720-S/20959), Recalling that the General Assembly, in its resolution 44/22, took note of the report of the Secretary-General (A/44/670) on the implementation of Assembly resolution 43/19 of 3 November 1988 as well as the report of the Ad Hoc Committee of the International Conference on Cambodia on its activities during 1988 1989 (A/CONF.109/15), Noting the recent various proposals made as well as those by the five permanent members of the United Nations Security Council, as set out in the summary of conclusions issued in Paris on 16 January 1990, on an enhanced role of the United Nations,

1. Reiterates its condemnation of the persistent occurrence of gross and flagrant violations of human rights in Cambodia as expressed in its resolutions adopted in the last ten years, namely, resolutions 29 (XXXVI), 11 (XXXVII), 1982/13, 1983/5, 1984/12, 1985/12, 1986/25, 1987/6, 1988/6 and 1989/20;

2. Emphasizes that the Cambodian people should be enabled to exercise their inalienable right to self-determination through free, fair and democratic elections under United Nations supervision;

3. Reiterates its conviction that the withdrawal of all foreign forces from Cambodia under supervision, control and verification of the United Nations, the cessation of all outside military assistance, the creation of an interim administering authority, the promotion of national reconciliation among Cambodians under the leadership of Samdech Norodom Sihanouk, the non-return to the universally condemned policies and practices of a recent past, the restoration and preservation of the independence, sovereignty, territorial integrity and neutral and non-aligned status of Cambodia, the reaffirmation of the right of the Cambodian people to determine their own destiny and the commitment by all States to non-interference and non-intervention in the internal affairs of Cambodia, with effective guarantees, are the principal components of any just, lasting and comprehensive political settlement of the Cambodian problem;

4. Calls upon all parties concerned to intensify urgently all efforts towards assuring that the Cambodian problem be resolved through a comprehensive political settlement in order to end human rights abuses inflicted upon Cambodians and enable the Cambodian people to determine their own future, to prevent further hostilities, subsequent loss of life and the continued suffering of the Cambodian people, and to ensure the independence, sovereignty, territorial integrity, neutral and non-aligned status of Cambodia, and the non-return to the universally condemned policies and practices of a recent past;

5. Expresses its strong conviction that the establishment and realization of a genuine, durable and lasting peace in Cambodia can be achieved only through the exercise by the Cambodian people of their inalienable rights and fundamental freedoms in conformity with the true intent, purpose and spirit of the principles of human rights;

6. Recommends that the Economic and Social Council at its first regular session of 1990 continue to consider, and in particular undertake, appropriate measures aimed at the early implementation of relevant recommendations with a view to achieving the full enjoyment of the fundamental human rights and freedoms of the Cambodian people, particularly the inalienable right to self-determination;

7. Decides to keep the situation in Cambodia under review as a matter of high priority at its forty-seventh session under the agenda item "The right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation".

29th meeting
19 February 1990
[Adopted by a roll-call vote of 31 to 5,
with 6 abstentions. See chap. IX.]