United Nations

A/RES/50/178


General Assembly

Distr. GENERAL  

28 February 1996

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 112 (b)


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

            [on the report of the Third Committee (A/50/635/Add.2)]


            50/178.     Situation of human rights in Cambodia

      The General Assembly,

      Guided by the purposes and principles embodied in the Charter of
the United Nations, the Universal Declaration of Human Rights  1/
and the International Covenants on Human Rights,  2/

      Taking note of the Agreement on a Comprehensive Political
Settlement of the Cambodia Conflict,  3/ signed in Paris on 23
October 1991, including part III thereof, relating to human rights,

      Taking note also of Commission on Human Rights resolution 1995/55
of 3 March 1995,  4/ and recalling General Assembly resolution
49/199 of 23 December 1994 and previous relevant resolutions,
including Commission on Human Rights resolution 1993/6 of
19 February 1993,  5/ in which the Commission recommended the
appointment of a special representative for Cambodia, and the
subsequent appointment by the Secretary-General of a special
representative,


      Bearing in mind the role and responsibilities of the United
Nations and the international community in the process of the
rehabilitation and reconstruction of Cambodia, 

      Recognizing that the tragic recent history of Cambodia requires
special measures to assure the promotion and protection of the human
rights of all people in Cambodia and the non-return to the policies
and practices of the past, as stipulated in the Agreement signed in
Paris on 23 October 1991,

      Commending the continued operation in Cambodia of the office of
the Centre for Human Rights of the Secretariat,

      Welcoming the understanding reached between the Special Envoy of
the Secretary-General and the Government of Cambodia in May 1995
regarding increased consultations between the Centre for Human Rights
and the Government of Cambodia,

      1.    Requests the Secretary-General to assure the protection of
the human rights of all people in Cambodia and to ensure adequate
resources, from within existing United Nations resources, for the
enhanced functioning of the operational presence in Cambodia of the
Centre for Human Rights of the Secretariat;

      2.    Welcomes the report of the Secretary-General on the role of
the Centre for Human Rights in assisting the Government and people of
Cambodia in the promotion and protection of human rights;  6/

      3.    Welcomes also the continuing role of the United Nations High
Commissioner for Human Rights in the promotion and protection of human
rights in Cambodia;

      4.    Welcomes and encourages the efforts of individuals, non-
governmental organizations, Governments and international
organizations involved in human rights activities in Cambodia;

      5.    Takes note with appreciation of the most recent report
submitted by the Special Representative of the Secretary-General on
the situation of human rights in Cambodia,  7/ and endorses his
recommendations and conclusions, including those aimed at ensuring the
independence of the judiciary and the establishment of the rule of
law, good governance, freedom of expression and the promotion of an
effectively functioning multi-party democracy;

      6.    Notes that communal elections are due to be held in 1996 or
early 1997 and National Assembly elections in 1998, and urges the
Government of Cambodia to promote and uphold the effective functioning
of multi-party democracy, including the right to form political
parties, stand for election, take part freely in a representative
government and to freedom of expression, in accordance with the
principles set out in paragraphs 2 and 4 of annex 5 to the Agreement
signed in Paris on 23 October 1991;

      7.    Requests the Special Representative, in collaboration with
the office in Cambodia of the Centre for Human Rights, to continue his
evaluation of the extent to which the recommendations made by the
Special Representative in his report, 7/ and those contained in his
previous reports, are followed up and implemented, and strongly
encourages the Government of Cambodia to continue to cooperate with
the Special Representative;

      8.    Requests the Secretary-General to provide all necessary
resources, from within the regular budget of the United Nations, to
enable the Special Representative to continue to fulfil his tasks
expeditiously;

      9.    Welcomes the efforts made by the Government of Cambodia to
promote and protect human rights, in particular in the essential area
of creating a functioning system of justice, urges that efforts
continue in this area, and also encourages the Government to improve
the conditions of prisons;

      10.   Expresses grave concern about the atrocities that continue
to be committed by the Khmer Rouge, including the taking and killing
of hostages, and other deplorable incidents detailed in the reports of
the Special Representative;

      11.   Also expresses grave concern about the serious violations of
human rights as detailed by the Special Representative in his report,
and calls upon the Government of Cambodia to prosecute in accordance
with the due process of the law and international standards relating
to human rights all those who have perpetrated human rights
violations;

      12.   Expresses particularly grave concern at the comments made by
the Special Representative concerning the reluctance of the courts to
charge members of the military and other security forces for serious
criminal offences, and encourages the Government of Cambodia to
address this problem, which in effect places persons in authority
above the principle of equality before the law;

      13.   Expresses grave concern at the devastating consequences and
destabilizing effects of the indiscriminate use of anti-personnel
landmines on Cambodian society, encourages the Government of Cambodia
to continue its support and efforts for the removal of these mines,
and welcomes the intention of the Government of Cambodia to ban all
anti-personnel landmines;

      14.   Calls upon the Government of Cambodia to ensure the full
observance of human rights for all persons within its jurisdiction in
accordance with the International Covenants on Human Rights and other
human rights instruments to which Cambodia is a party;

      15.   Encourages the Government of Cambodia to continue its
efforts to meet its reporting obligations under international human
rights instruments, drawing on the assistance of the office in
Cambodia of the Centre for Human Rights;

      16.   Also encourages the Government of Cambodia to request the
Centre for Human Rights to provide advice and technical assistance
with respect to the creation of an independent national institution
for the promotion and protection of human rights;

      17.   Further encourages the Government of Cambodia to maintain
constructive dialogue and consultation with the Centre for Human
Rights concerning its activities in Cambodia;

      18.   Commends the ongoing efforts of the office in Cambodia of
the Centre for Human Rights in supporting and assisting the Government
of Cambodia, as well as non-governmental organizations and others
involved in the promotion and protection of human rights in
cooperation with the Government of Cambodia;

      19.   Condemns unreservedly attacks on and threats against staff
of the United Nations, non-governmental organizations and the
Cambodian Government, as well as individuals, and calls upon the
Government of Cambodia to investigate those attacks and threats and to
prosecute those who are responsible, in accordance with the due
process of the law and international standards relating to the
administration of justice;

      20.   Notes with appreciation the use by the Secretary-General of
the United Nations Trust Fund for a Human Rights Education Programme
in Cambodia to finance the programme of activities of the office in
Cambodia of the Centre for Human Rights as defined in resolutions of
the General Assembly and the Commission on Human Rights, and invites
Governments, intergovernmental and non-governmental organizations,
foundations and individuals to consider contributing funds to the
Trust Fund;

      21.   Requests the Centre for Human Rights, in cooperation with
the relevant specialized agencies and development programmes, to
develop and implement programmes, with the consent and cooperation of
the Government of Cambodia, in the priority areas identified by the
Special Representative, paying particular attention to vulnerable
groups, including women, children and minorities;

      22.   Requests the Secretary-General to report to the General
Assembly at its fifty-first session on the role of the Centre for
Human Rights in assisting the Government and people of Cambodia in the
promotion and protection of human rights and on the recommendations
made by the Special Representative on matters within his mandate;

      23.   Decides to continue its consideration of the situation of
human rights in Cambodia at its fifty-first session.


                                                          99th plenary meeting
                                                              22 December 1995


                                     Notes

1/          Resolution 217 A (III).

2/          Resolution 2200 A (XXI), annex.

3/          See A/46/608-S/23177.

4/          See Official Records of the Economic and Social Council,
1995, Supplement No. 3 and corrigenda (E/1995/23 and Corr.1 and 2),
chap. II, sect. A.

5/          Ibid., 1993, Supplement No. 3 (E/1993/23), chap. II, sect. A.

6/          A/50/681/Add.1.

7/          See A/50/681.

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