United Nations

A/RES/49/203


General Assembly

Distr. GENERAL  

23 December 1994

ORIGINAL:
ENGLISH



                                                 A/RES/49/203
                                                 94th plenary meeting
                                                 23 December 1994
 
             49/203. Situation of human rights in Iraq
 
       The General Assembly,
 
       Guided by the principles embodied in the Charter of the United Nations,
the Universal Declaration of Human Rights and the International Covenants on
Human Rights,
 
       Reaffirming that all Member States have an obligation to promote and
protect human rights and fundamental freedoms and to fulfil the obligations
they have undertaken under the various international instruments in this
field,
 
       Mindful that Iraq is a party to the International Covenants on Human
Rights and to other international human rights instruments,
 
       Recalling its resolution 48/144 of 20 December 1993, in which it
expressed its deep concern at flagrant violations of human rights by the
Government of Iraq,
 
       Recalling also Security Council resolution 688 (1991) of 5 April 1991,
in which the Council demanded an end to the repression of the Iraqi civilian
population and insisted that Iraq cooperate with humanitarian organizations
and ensure that the human and political rights of all Iraqi citizens were
respected,
 
       Recalling in particular Commission on Human Rights resolution 1991/74
of 6 March 1991, by which the Commission requested its Chairman to appoint a
Special Rapporteur to make a thorough study of the violations of human rights
by the Government of Iraq, based on all information the Special Rapporteur
might deem relevant, including information provided by intergovernmental and
non-governmental organizations and any comments and material provided by the
Government of Iraq,
 
       Recalling the pertinent resolutions of the Commission on Human Rights
condemning the flagrant violations of human rights by the Government of Iraq,
including its most recent resolution, 1994/74 of 9 March 1994, in which the
Commission decided to extend the mandate of the Special Rapporteur for a
further year and requested him to submit an interim report to the General
Assembly at its forty-ninth session and a final report to the Commission at
its fifty-first session,
 
       Recalling also Security Council resolutions 687 (1991) of 3 April 1991,
706 (1991) of 15 August 1991, 712 (1991) of 19 September 1991 and 778 (1992)
of 2 October 1992,
 
       Deeply concerned by the deterioration of the overall human rights
situation in Iraq and the continued massive and grave violations of human
rights by the Government of Iraq, such as summary and arbitrary executions,
torture and other cruel, inhuman or degrading treatment, enforced or
involuntary disappearances, arbitrary arrests and detentions, lack of due
process and the rule of law, and of freedom of thought, of expression, of
association and of access to food and health care,
 
       Deeply concerned also by the forced displacement of hundreds of
thousands of Iraqi civilians and by the destruction of Iraqi towns and
villages, as well as by the fact that tens of thousands of displaced Kurds
have had to take refuge in camps and shelters in the north of Iraq,
 
       Deeply concerned further by the increasingly severe and grave
violations of human rights by the Government of Iraq against the civilian
population in southern Iraq, in particular in the southern marshes, where the
combination of massive drainage projects and wide-ranging military operations
on the part of the Government of Iraq has forced residents of the marshes to
flee in large numbers, many of whom have sought refuge on the border between
Iraq and the Islamic Republic of Iran,
 
       Welcoming the decision to deploy a team of human rights monitors to
such locations as would facilitate improved information flows and assessment
and help in the independent verification of reports on the situation of human
rights in Iraq,
 
       Regretting that the Government of Iraq has not seen fit to respond to
requests for a visit of the Special Rapporteur or to cooperate with him, in
particular by failing to reply to the inquiries of the Special Rapporteur
about acts being committed by the Government of Iraq that are incompatible
with the international human rights instruments that are binding on that
country, 
 
       1.    Takes note with appreciation of the interim report on the
situation of human rights in Iraq submitted by the Special Rapporteur of the
Commission on Human Rights and the observations, conclusions and
recommendations contained therein;
 
       2.    Expresses its strong condemnation of the massive violations of
human rights of the gravest nature, for which the Government of Iraq is
responsible and to which the Special Rapporteur has referred in his recent
reports, in particular:
 
       (a)   Summary and arbitrary executions, orchestrated mass executions
and burials, extrajudicial killings, including political killings, in
particular in the northern region of Iraq, in southern Shiah centres and in
the southern marshes;
 
       (b)   The widespread routine practice of systematic torture in its most
cruel forms;
 
       (c)   The enactment and implementation of recent decrees prescribing
cruel and unusual punishment, namely, mutilation as a penalty for certain
offences and the abuse and diversion of medical care services for the purposes
of such legalized mutilations;
 
       (d)   Enforced or involuntary disappearances, routinely practised
arbitrary arrest and detention, including arrest and detention of women, the
elderly and children, and consistent and routine failure to respect due
process and the rule of law;
 
       (e)   Suppression of freedom of thought, expression and association and
violations of property rights;
 
       (f)   The unwillingness of the Government of Iraq to honour its
responsibilities as regards the economic and social rights of the population,
especially with regard to the rights to food and health;
 
       3.    Condemns the repression of the Iraqi civilian population in
general, and of the political opposition in particular;
 
       4.    Deplores the refusal of Iraq to cooperate in the implementation
of Security Council resolutions 706 (1991) and 712 (1991), which provide for
the sale of oil in return for humanitarian aid, and its resultant failure to
provide the Iraqi population with access to adequate food and health care;
 
       5.    Calls upon the Government of Iraq to resolve the cases of
disappearances of Kuwaitis and nationals of other States by providing detailed
information on all persons deported from or arrested in Kuwait between 2
August 1990 and 26 February 1991 and on those who were executed or died in
detention during or after that period, as well as on the location of their
graves, and also calls upon the Government of Iraq in particular:
 
       (a)   To release immediately all Kuwaitis and nationals of other States
who may still be held in detention;
 
       (b)   To improve substantially its cooperation with international
humanitarian organizations in an effort to resolve the cases of Kuwaitis and
nationals of other States who have disappeared;
 
       (c)   To pay appropriate compensation to the families of such persons
who died while in the custody of Iraqi authorities or for whom the Government
of Iraq is responsible and has so far failed to account, through the mechanism
established by Security Council resolution 692 (1991) of 20 May 1991;
 
       6.    Calls once again upon Iraq, as a State party to the International
Covenant on Economic, Social and Cultural Rights and to the International
Covenant on Civil and Political Rights, to abide by its obligations freely
undertaken under the Covenants and under other international instruments on
human rights and, particularly, to respect and ensure the rights of all
individuals, irrespective of their origin, within its territory and subject to
its jurisdiction;
 
       7.    Recognizes the importance of the work of the United Nations in
providing humanitarian relief to the people of Iraq, and calls upon Iraq to
allow unhindered access of the United Nations humanitarian agencies throughout
the country, including ensuring the safety of United Nations personnel and
humanitarian workers, inter alia, through the continued implementation of the
Memorandum of Understanding signed by the United Nations and the Government of
Iraq;
 
       8.    Expresses special alarm at the repressive practices directed
against the Kurds, which continue to have an impact on the lives of the Iraqi
people as a whole;
 
       9.    Also expresses special alarm at the grave violations of human
rights in southern Iraq, and urges the Government of Iraq to implement without
further delay the recommendations made by the Special Rapporteur, including,
inter alia, the immediate halting and reversal of the draining of the marshes
and the cessation of its military activities against the marsh Arabs, whose
survival as a community is endangered;
 
       10.   Welcomes the sending of human rights monitors to the border
between Iraq and the Islamic Republic of Iran, and calls upon the Government
of Iraq to allow immediate and unconditional stationing of human rights
monitors throughout the country, especially the southern marsh area;
 
       11.   Once again expresses its special alarm at the continuation of all
internal embargoes, which permit no exceptions for humanitarian needs and
which prevent the equitable enjoyment of basic foodstuffs and medical
supplies, and calls upon the Government of Iraq, which has sole responsibility
in this regard, to remove them and to take steps to cooperate with
international humanitarian agencies in the provision of relief to those in
need throughout Iraq and to act to take advantage of the "food for oil"
formula as set forth in Security Council resolutions 706 (1991) and 712
(1991);
 
       12.   Regrets the failure of the Government of Iraq to provide
satisfactory replies concerning the violations of human rights brought to the
attention of the Special Rapporteur, and calls upon the Government of Iraq
fully to cooperate and to reply without delay in a comprehensive and detailed
manner so as to enable the Special Rapporteur to formulate the appropriate
recommendations to improve the situation of human rights in Iraq;
 
       13.   Requests the Secretary-General to provide the Special Rapporteur
with all necessary assistance in carrying out his mandate and to approve the
allocation of sufficient human and material resources for the sending of human
rights experts to such locations as would facilitate improved information flow
and assessment and help in the independent verification of reports on the
situation of human rights in Iraq;
 
 
       14.   Decides to continue its consideration of the situation of human
rights in Iraq during its fiftieth session under the item entitled "Human
rights questions" in the light of additional elements provided by the
Commission on Human Rights and the Economic and Social Council.