Situation of human rights in Kuwait under Iraqi occupation.

1991/67. Situation of human rights in Kuwait under occupation

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 Covenant on Human Rights, the Geneva Conventions of 12 August 1949 and Additional Protocol I of 1977 thereto and The Hague Convention IV of 1907, Recalling General Assembly resolution 45/170 of 18 December 1990 concerning the situation of human rights in occupied Kuwait, Also recalling Security Council resolutions 661 (1990) of 6 August 1990, paragraphs 3 (c) and 4, 666 (1990) of 13 September 1990 and 686 (1991) of 2 March 1991, 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, Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil their obligations under the relevant international instruments, Condemning the invasion and occupation of Kuwait on 2 August 1990 by the military forces of Iraq, Concerned that the acts of the Iraqi forces in occupied Kuwait have caused enormous human suffering to the civilian population, Noting with grave concern the abduction from Kuwait and the continued detention of prisoners of war and civilians, Noting also with grave concern the information to the effect that the treatment of prisoners of war and detained civilians does not conform to the internationally recognized principles of humanitarian law, Deploring the refusal of Iraq to receive representatives of humanitarian organizations, especially representatives of the International Committee of the Red Cross, and a representative of the Secretary-General, to help in extending humanitarian assistance to the Kuwaiti people under occupation,

1. Strongly condemns the Iraqi authorities and occupying forces for their grave violations of human rights against the Kuwaiti people and nationals of other States and in particular the acts of torture, arbitrary arrests, summary executions and disappearances in violation of the Charter of the United Nations, the International Covenants on Human Rights, and other relevant legal instruments;

2. Expresses its serious concern about the systematic destruction, dismantling and pillaging of the economic infrastructure of Kuwait, which seriously undermined the present and future enjoyment by the Kuwaiti people of their economic, social and cultural rights;

3. Demands that Iraq comply with its obligations under the Charter of the United Nations and the contemporary norms of international law;

4. Condemns the rejection by Iraq of the offer of the Government of Kuwait and various humanitarian organizations to send humanitarian assistance, especially medicine, to the Kuwaiti people under occupation;

5. Strongly condemns the failure of Iraq to treat all prisoners of war and detained civilians in accordance with the internationally recognized principles of humanitarian law and insists that it refrain from subjecting them to acts of violence, including ill-treatment, torture and summary execution;

6. Demands that Iraq release immediately all prisoners of war and detained civilians;

7. Condemns further the failure of Iraq to ensure respect for international standards applicable under international law, in particular with reference to the protection of the civilian population, and its failure to cooperate fully with representatives of humanitarian organizations, especially the International Committee of the Red Cross, and give them access to Kuwait, and to allow them to extend humanitarian assistance to the civilian population of Kuwait;

8. Welcomes the intention of the Government of Kuwait to provide access to the International Committee of the Red Cross and other humanitarian organizations in order to assist in caring for the civilian population of Kuwait;

9. Decides to appoint an individual of recognized international standing as special rapporteur with a mandate to examine the human rights violations committed in occupied Kuwait by the invading and occupying forces of Iraq and to report as soon as possible to the General Assembly and to the Commission on Human Rights at its forty-eighth session;

10. Requests the Chairman of the Commission at its forty-seventh session, in consultation with the Bureau, to designate the special rapporteur;

11. Authorizes the Special Rapporteur to seek relevant information from the Government of Kuwait, the specialized agencies and intergovernmental and non-governmental organizations;

12. Requests the Special Rapporteur to prepare a preliminary report as soon as possible and to transmit it to the Secretary-General for dissemination to all Member States;

13. Requests the Secretary-General to provide all necessary assistance to the special rapporteur to enable him to carry out his mandate in the best possible conditions;

14. Decides to consider the situation of human rights in Kuwait under Iraqi occupation at its forty-eighth session.

54th meeting
6 March 1991
[Adopted by 41 votes to 1. See chap. XII.]