Situation of human rights in Afghanistan.

1992/68.
Situation of human rights 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 accepted humanitarian rules, as set out in the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977, 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 the obligations they have freely undertaken under the various international instruments, Recalling Economic and Social Council resolution 1984/37 of 24 May 1984, in which the Council requested the Chairman of 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 the inhabitants of the country before, during and after the withdrawal of all foreign forces, Recalling also its relevant resolutions, as well as the resolutions of the General Assembly and the decisions of the Economic and Social Council, Bearing in mind , in particular, its resolution 1991/78 of 6 March 1991, by which it decided to extend the mandate of the Special Rapporteur on the situation of human rights in Afghanistan for one year and to request him to report to the General Assembly at its forty-sixth session and to the Commission at its forty-eighth session, and of Economic and Social Council decision 1991/259 of 31 May 1991, in which the Council approved the Commission's decision, Emphasizing the relevance and validity for all parties concerned of 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, Underlining the importance of the statement made by the Secretary-General on 21 May 1991 (A/46/577-S/23146 and Corr.1, annex), in which he provided a five-point peace plan to serve as the basis for a comprehensive political settlement in Afghanistan, acceptable to the majority of the Afghan people, and the Secretary-General's latest initiative contained in document A/46/577-S/23146 and Corr.1 of 17 October 1991, Noting with satisfaction the joint statement of the United States of America and the Union of Soviet Socialist Republics of 13 September 1991 on the simultaneous cut-off of weapons deliveries to the Afghan parties by 1 January 1992, and expressing the hope that such agreement will be implemented on a broader basis, Noting also with satisfaction the "joint statement by the Soviet Union, the Russian Federation and the Afghan mujahidin", issued in Moscow On 14 November 1991, Noting with deep concern that a situation of armed conflict continues to exist in Afghanistan, that acts of terrorism are still being perpetrated against the civilian population, that the treatment of prisoners detained in connection with the conflict often does not conform to the humanitarian rules set out in the Geneva Conventions of 12 August 1949, and the Additional Protocols thereto of 1977, Deeply concerned that more than five million refugees are still living outside Afghanistan, that many Afghans are displaced within the country and that, despite a slight improvement of the conditions for the return of refugees, no massive return has been reported, Aware that the reasons given by the refugees for not returning to Afghanistan, pending the achievement of a comprehensive political solution and the establishment of a broad-based government, include the continued fighting in some provinces, the use of very destructive arms in the conflict, the minefields that have been laid in many parts of the country, the lack of an effective authority in many areas, the destruction of the economy and other obstacles that would be encountered by refugees in returning to Afghanistan, Commending the activity carried out by the Office of the United Nations High Commissioner for Refugees and the International Committee of the Red Cross in cooperation with the Afghan authorities, as well as non-governmental organizations, in favour of the people of Afghanistan, Taking note with appreciation of the report of the Special Rapporteur on the situation of human rights in Afghanistan (E/CN.4/1992/33) and of the conclusions and recommendations contained therein,

1. Welcomes the cooperation of the Afghan authorities with the Special Rapporteur on the situation of human rights in Afghanistan;

2. Also welcomes the cooperation that the Afghan authorities have extended, in particular to the Coordinator for Humanitarian and Economic Assistance Programmes Relating to Afghanistan and to international organizations, such as the specialized agencies, the Office of the United Nations High Commissioner for Refugees and the International Committee of the Red Cross;

3. Further welcomes the steps undertaken by the Afghan authorities to reform the judicial system in order to make it conform to international standards, and encourages them to undertake any further steps to guarantee fair trials;

4. Urges all parties concerned to increase their efforts in order to achieve a comprehensive political solution - which they recognize is the only way to bring about peace and the full restoration of human rights in Afghanistan - based on the points contained in the plan provided by the Secretary-General on 21 May 1991 regarding the free exercise of the right to self-determination by the people, including free and fair elections, the cessation of hostilities and the creation of conditions that will permit the free return of refugees to their homeland in safety and dignity, whenever they wish, and the full enjoyment of human rights and fundamental freedoms by all Afghans and also based on the Secretary-General's latest initiative contained in document A/46/577-S/23146 and Corr.1, which elaborates upon these points;

5. Recognizes that the promotion and protection of human rights should be an essential element in a solution to the conflict and calls on all parties to the conflict to respect human rights;

6. Urges all parties to the conflict to respect accepted humanitarian rules, as set out in the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977, to halt the use of weapons against the civilian population, to protect all prisoners from acts of reprisal and violence, including ill-treatment, torture and summary executions, to transmit to the International Committee of the Red Cross the names of all prisoners, to expedite the exchange of prisoners wherever they may be held and to grant to that Committee unrestricted access to all parts of the country and the right to visit all prisoners in accordance with its established criteria;

7. Welcomes the release by the Afghan authorities of a large number of prisoners, as a result of amnesty decrees;

8. Calls upon all States and parties concerned to make all possible efforts for the release, as soon as possible, of all prisoners of war detained as a result of the conflict;

9. Calls, in particular, for the immediate release of former Soviet prisoners of war, as provided by article 118 of the Geneva Convention relative to the Treatment of Prisoners of War, of 12 August 1949, considering that the hostilities in which the former Soviet Union was involved have legally and effectively ended;

10. Welcomes the release in January 1992 of a large number of prisoners of war captured at Khost by the opposition forces;

11. Welcomes the release by the opposition forces of three Soviet prisoners of war in February 1992, and encourages them to further continue to release all of them;

12. Also welcomes the decision of the Afghan authorities to allow the International Committee of the Red Cross full access to Afghan prisons;

13. Requests that the International Committee of the Red Cross be given full access to the prisoners of war held by the opposition forces;

14. Calls upon all conflicting parties to investigate thoroughly the fate of those persons who have disappeared, to apply amnesty decrees equally to foreign detainees, to reduce the period during which prisoners await trial, to treat all prisoners, especially those awaiting trial or those in custody in juvenile rehabilitation centres, in accordance with the Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, and to apply to all convicted persons article 14, paragraphs 3 (d) and 5 of the International Covenant on Civil and Political Rights;

15. Notes improvements in the treatment of prisoners and urges all the parties to the conflict to conform fully to the humanitarian rules set out in the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977,

16. Notes with concern the allegations of atrocities still being committed against Afghan soldiers, civil servants and captured civilians;

17. Requests the Afghan authorities to take the proper steps in order to permit activity by the political opponents, and appeals to all conflicting parties to act likewise;

18. Welcomes the decision of the Afghan authorities to commute the death sentences which were imposed on the persons allegedly involved in the attempted coup d'état of March 1990, in conformity with General Assembly resolution 46/136 of 17 December 1991;

19. Expresses its concern at reports that the living conditions of refugees, especially those of women and children, are becoming increasingly difficult because of the decline in international humanitarian assistance;

20. Urgently appeals to all Member States, humanitarian organizations and all parties concerned to cooperate fully, especially on the subject of mine detection and clearance, in order to facilitate the return of refugees and displaced persons to their homes in safety and dignity, in conformity with the Agreements on the Settlement of the Situation relating to Afghanistan;

21. Also urgently appeals to all Member States and humanitarian organizations to continue to promote the implementation of the projects envisaged by the Coordinator for Humanitarian and Economic Assistance Programmes relating to Afghanistan and the programmes of the United Nations High Commissioner for Refugees, especially the pilot projects for the repatriation of refugees;

22. Urges all parties concerned to undertake all necessary measures to ensure the safety of the personnel of humanitarian organizations involved in the implementation of United Nations humanitarian and economic assistance programmes relating to Afghanistan and the programmes of the United Nations High Commissioner for Refugees;

23. Also urges all parties concerned to extend their full cooperation to the Commission on Human Rights and its Special Rapporteur;

24. Decides to extend the mandate of the Special Rapporteur for one year and to request him to report on the situation of human rights in Afghanistan to the General Assembly at its forty-seventh session and to the Commission at its forty-ninth session;

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

26. Decides to continue its consideration of the human rights situation in Afghanistan at its forty-ninth session, as a matter of high priority, under the agenda item entitled "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".

54th meeting
4 March 1992
[Adopted without a vote. See chap. XII.]