United Nations

A/RES/50/191


General Assembly

Distr. GENERAL  

6 March 1996

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 112 (c)


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

            [on the report of the Third Committee (A/50/635/Add.3)]


            50/191.     Situation of human rights in Iraq

      The General Assembly,

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

      Reaffirming that all Member States have an obligation to promote
and protect human rights and fundamental freedoms and the duty 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 49/203 of 23 December 1994, in which it
expressed its strong condemnation of the massive violations of human
rights of the gravest nature in Iraq,

      Recalling also Commission on Human Rights resolution 1991/74 of
6 March 1991,  3/ 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 further 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 1995/76 of 8
March 1995,  4/ by which the Commission extended the mandate of
the Special Rapporteur on the situation of human rights in Iraq for a
further year and requested him to submit an interim report to the
General Assembly at its fiftieth session and a final report to the
Commission at its fifty-second session,

      Bearing in mind 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 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,

      Recalling also Security Council resolution 986 (1995) of
14 April 1995, by which the Council authorized States to permit
imports of Iraqi oil up to the amount of one billion United States
dollars every ninety days, on a renewable basis, to be used to
purchase essential food and medical supplies for humanitarian
purposes,

      Deeply concerned by the persisting massive and grave violations
of human rights by the Government of Iraq, regarding which there are
no signs of improvement, such as summary and arbitrary executions, the
enactment and implementation of decrees prescribing cruel and inhuman
punishments, torture and other cruel, inhuman or degrading treatment,
arbitrary arrests and detentions, lack of due process, non-respect for
the rule of law and the suppression of freedom of thought, expression
and association, as well as the persistence of specific discrimination
within the country as regards access to food and health care, which
amounts to a violation of the economic and social rights of Iraqis,

      Deeply disturbed by the observation by the Special Rapporteur
that Iraqi armed forces have continued their attacks on the farming
communities throughout the region adjoining northern Iraq and in the
south of the country, resulting in the destruction of their crops and
livestock,

      Deeply disturbed also by reports about the climate of oppression
and the dire economic and social situation in the south of Iraq,

      Noting the responsibility of the Iraqi authorities with regard to
persons missing and detained as a result of the Iraqi occupation of
Kuwait, and also noting that Iraq has recently renewed its
participation in the Tripartite Commission established pursuant to the
cease-fire agreement of 1991,

      Deploring the refusal of the Government of Iraq to cooperate with
the United Nations human rights mechanisms, in particular by receiving
a return visit of the Special Rapporteur to Iraq and allowing the
stationing of human rights monitors throughout Iraq pursuant to the
relevant resolutions of the General Assembly and the Commission on
Human Rights,

      1.    Takes note with appreciation of the interim report on the
situation of human rights in Iraq  5/ submitted by the Special
Rapporteur of the Commission on Human Rights on the situation of human
rights in Iraq and the observations, conclusions and recommendations
contained therein;

      2.    Expresses its strong condemnation of the massive and
extremely grave violations of human rights for which the Government of
Iraq is responsible, resulting in an all-pervasive order of repression
and oppression which is sustained by broad-based discrimination and
widespread terror;

      3.    Expresses its condemnation with regard to the violations of
human rights and international humanitarian law, in particular of:

      (a)   Summary and arbitrary executions, including political
killings;

      (b)   The widespread routine practice of systematic torture in its
most cruel forms;

      (c)   The enactment and implementation of 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 purpose of such mutilations;

      (d)   Enforced or involuntary disappearances, routinely practised
arbitrary arrests and detention and consistent and routine failure to
respect due process and the rule of law;

      (e)   Suppression of freedom of thought, information, expression,
association and assembly, through fear of arrest, imprisonment and
other sanctions, including the death penalty, as well as harsh
limitations to freedom of movement;

      4.    Urges the Government of Iraq to cooperate with the United
Nations with a view to arranging for the export of oil in order to
purchase essential food and medical supplies for humanitarian
purposes, as authorized by the Security Council in its resolution 986
(1995);

      5.    Strongly condemns the continued refusal of the Government of
Iraq to take advantage of resources available to alleviate the
suffering of the people, which includes long-term disabilities of
millions of people and the death of many thousands more;

      6.    Again expresses its special alarm at the policies of the
Government of Iraq, which discriminate between regions and prevent the
equitable enjoyment of basic foodstuffs and medical supplies, and
calls upon Iraq, which has sole responsibility in this regard, to take
steps to cooperate with international humanitarian agencies in the
provision of relief to those in need throughout Iraq;

      7.    Calls once again upon Iraq, as a State party to the
International Covenant on Economic, Social and Cultural Rights  6/
and to the International Covenant on Civil and Political Rights, 6/ 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;

      8.    Demands that the Government of Iraq restore the independence
of the judiciary and abrogate all laws granting impunity to specified
forces or persons killing or injuring individuals for any purpose
beyond the administration of justice under the rule of law as
prescribed by international standards;

      9.    Also demands that the Government of Iraq abrogate any and
all decrees that prescribe cruel and inhuman punishment or treatment
and take every step necessary to ensure that the practice of torture
and cruel and unusual punishments and treatment no longer occur;

      10.   Urges the Government of Iraq to abrogate all laws and
procedures, including Revolution Command Council decree No. 840 of 4
November 1986, that penalize the free expression of competing views
and ideas and to ensure that the genuine will of the people shall be
the basis of authority in the State;

      11.   Also urges the Government of Iraq to improve its cooperation
with the Tripartite Commission with a view to establishing the
whereabouts or resolving the fate of the remaining several hundred
missing persons and prisoners of war, Kuwaitis and third-country
nationals victims of the illegal Iraqi occupation of Kuwait;

      12.   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 monitors 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;

      13.   Decides to continue its consideration of the situation of
human rights in Iraq during its fifty-first 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.


                                                          99th plenary meeting
                                                              22 December 1995


                                     Notes

1/          Resolution 217 A (III).

2/          Resolution 2200 A (XXI), annex.

3/          See Official Records of the Economic and Social Council,
1991, Supplement No. 2 (E/1991/22), chap. II, sect. A.

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/          See A/50/734.

6/          See resolution 2200 A (XXI), annex.

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