General Assembly

Distr. GENERAL  

13 December 1985

ORIGINAL:
ENGLISH

                                                       A/RES/40/137
                                                       13 December 1985
                                                       116th plenary meeting
 
      Question of human rights and fundamental freedoms in Afghanistan
 
     The General Assembly,
 
     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 Commission on Human Rights resolution 1984/55 of
15 March 1984, in which the Commission 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 situation of human rights in Afghanistan,
 
     Taking note of Commission on Human Rights resolution 1985/38 of
13 March 1985 in 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 Economic and Social Council decision 1985/147 of 30 May 1985,
by which the Council approved the decision of the Commission on Human Rights
to extend the mandate of the Special Rapporteur and request 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 the bombardments of the
civilian population,
 
     Taking note of Sub-Commission on Prevention of Discrimination and the
Protection of Minorities resolution 1985/35 of 30 August l985, in which the
Sub-Commission requested the Commission on Human Rights to ask the Special
Rapporteur to look in particular into the fate of women and children as a
consequence of the conflict in Afghanistan,
 
     Having carefully examined the interim report of the Special Rapporteur on
the question of human rights in Afghanistan, which reveals continuing grave
and massive violations of fundamental human rights in that country,
 
     Recognizing that a situation of armed conflict continues to exist in
Afghanistan, leaving large numbers of victims without protection or
assistance,
 
     Deploring the continuing refusal of the Afghan authorities to co-operate
with the Special Rapporteur,
 
     1.   Commends the Special Rapporteur for his report on the question of
human rights in Afghanistan;
 
     2.   Expresses its profound concern that, as revealed in the findings of
the Special Rapporteur, disregard for human rights is more widespread, the
conflict continues to engender human rights violations on a large scale and,
as a result, not only the lives of individuals but the existence of whole
groups of persons and tribes are endangered;
 
     3.   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;
 
     4.   Also expresses its deep concern at the severe consequences for the
civilian population of indiscriminate bombardments and military operations
aimed primarily at the villages and the agricultural structure;
 
     5.   Shares the conviction of the Special Rapporteur that the
prolongation of the conflict increases the seriousness of the gross and
systematic violations of human rights already existing in the country;
 
     6.   Expresses 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
opponents of the regime, as well as at increasing evidence of a policy of
religious intolerance;
 
     7.   Notes with great concern that such widespread violations of human
rights, that have already caused millions of people to flee their homes and
country, are still giving rise to large flows of refugees and displaced
persons; 
 
     8.   Calls upon the parties to the conflict to apply fully the principles
and rules of international humanitarian law and to admit international
humanitarian organizations, in particular the International Committee of the
Red Cross, and to facilitate their operations for the alleviation of the
suffering of the people in Afghanistan;
 
     9.   Urges the authorities in Afghanistan to co-operate with the
Commission on Human Rights and its Special Rapporteur, in particular by
allowing him to visit Afghanistan;
 
     10.  Requests the Secretary-General to give all necessary assistance to
the Special Rapporteur;
 
     11.  Decides to keep under consideration, during its forty-first session,
the question of human rights and fundamental freedoms in Afghanistan, in order
to examine this question anew in the light of additional elements provided by
the Commission on Human Rights and the Economic and Social Council.