General Assembly

Distr. GENERAL  

8 December 1988

ORIGINAL:
ENGLISH

                                                       A/RES/43/139
                                                       75th plenary meeting
                                                       8 December 1988
 
               Situation of human rights 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 Rightsand 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 obligations of all Governments to respect and protect
human rights and to fulfil the responsibilities they have assumed under
various international instruments,
 
     Recalling 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 all foreign forces,
 
     Recalling all other relevant resolutions, in particular its resolution
42/135 of 7 December 1987,
 
     Taking note of Commission on Human Rights resolution 1988/67 of
10 March 1988 and Economic and Social Council decision 1988/136 of
27 May 1988,
 
     Welcoming the agreements signed at Geneva on 14 April 1988 as a
positive development, which, when fully implemented, should contribute to the
creation of a situation that will permit the full enjoyment of human rights,
including the right to self-determination, by all the people of Afghanistan,
 
     Welcoming the co-operation that the Afghan authorities have extended to
international organizations, in particular to the specialized agencies of the
United Nations, to the Office of the United Nations High Commissioner for
Refugees and to the International Committee of the Red Cross,
 
     Having carefully examined the interim report of the Special Rapporteur on
the situation of human rights in Afghanistan, in which, while it is
recognized that there have been some improvements in the human rights
situation in the area controlled by the Afghan authorities, continuing
violations of fundamental human rights within the country are revealed,
 
     Recognizing that a situation of armed conflict continues to exist in
Afghanistan, leaving large numbers of victims without protection or assistance
and contributing to violations of human rights and humanitarian law throughout
the country,
 
     Regretting that the Special Rapporteur was unable to visit areas not
under the control of the Afghan authorities,
 
     1.   Commends the efforts of the Special Rapporteur to fulfil his mandate
and takes note of his interim report on the situation of human rights in
Afghanistan;
 
     2.   Welcomes the co-operation that the Afghan authorities extended to
the Commission on Human Rights by permitting its Special Rapporteur to visit
Afghanistan from 11 to 19 September 1988;
 
     3.   Expresses its serious concern that, in spite of improvements
identified by the Special Rapporteur, acts of war continue and violations of
human rights persist with the same frequency as in the past, especially
affecting the civilian population and threatening the life and security of
innocent men, women and children;
 
     4.   Expresses its concern that, despite the significant reduction in the
numbers of political prisoners as a result of various measures, over
two thousand persons are still in prison for political reasons, and urges the
Afghan authorities to pursue the policy of amnesty and to guarantee that
released prisoners are not placed under surveillance or harassed following
their release;
 
     5.   Notes with grave concern the continuing allegations of torture and
ill-treatment of prisoners on remand and political prisoners;
 
     6.   Notes with equal concern the reports of disappearances and urges the
Afghan authorities to investigate the fate of all missing persons;
 
     7.   Notes also with concern indications that the economic, social and
cultural situation in Afghanistan has deteriorated over the years of conflict
and has now become critical;
 
     8.   Expresses its great concern that more than five million refugees
remain outside the country because they fear the climate of insecurity in
Afghanistan, the extensive presence of mines and explosives, and the continued
bombardments of the civilian population;
 
     9.   Calls once again upon all the parties to the conflict, in order to
alleviate the suffering of the people of Afghanistan, to apply fully the
principles and rules of international humanitarian law and to co-operate fully
and effectively with international humanitarian organizations, in particular
to facilitate the protection activities of the International Committee of the
Red Cross;
 
     10.  Underlines that in post-war Afghanistan it will be essential to
adopt concrete measures aimed at securing the observance of human rights;
 
     11.  Urges the authorities in Afghanistan to continue to co-operate with
the Commission on Human Rights and its Special Rapporteur;
 
     12.  Requests the Secretary-General to give all necessary assistance to
the Special Rapporteur;
 
     13.  Decides to keep under consideration, during its forty-fourth
session, the question of human rights and fundamental freedoms in Afghanistan
in order to re-examine this question in the light of additional elements
provided by the Commission on Human Rights and the Economic and Social
Council.