United Nations


General Assembly

Distr. GENERAL  

3 March 1997


Fifty-first session
Agenda item 110 (c)


      [on the report of the Third Committee (A/51/619/Add.3 and Corr.1)]

            51/106.     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 other international human rights instruments, and to
the Geneva Conventions of 12 August 1949, 3/

      Recalling its resolution 50/191 of 22 December 1995, in which it
expressed its strong condemnation of the massive violations of human
rights of the gravest nature in Iraq, and taking note of Commission on
Human Rights resolution 1996/72 of 23 April 1996, 4/

      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 resolution 687 (1991) of 3 April 1991,

      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, inter alia, to purchase
essential food and medical supplies for humanitarian purposes,

      Deploring the refusal of the Government of Iraq to cooperate with
the United Nations human rights mechanisms, in particular by not
receiving a return visit of the Special Rapporteur of the Commission
on Human Rights on the situation of human rights in Iraq and not
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 submitted by the Special Rapporteur
of the Commission on Human Rights on the situation of human rights in
Iraq 5/ and the observations, conclusions and recommendations
contained therein, and noting his dismay that there has been no
improvement in the situation of human rights in the country;

      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

      (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.    Welcomes the memorandum of understanding reached in May 1996
between Iraq and the Secretary-General to implement Security Council
resolution 986 (1995) and to respond to the serious humanitarian
situation in Iraq perpetuated by the non-compliance of the Government
of Iraq with various Security Council resolutions;

      5.    Urges the Government of Iraq to cooperate with the United
Nations with a view to ensuring the implementation of Security Council
resolution 986 (1995), in accordance with the agreement reached in May
1996 that medicines, health supplies, foodstuffs and other
humanitarian supplies purchased with the proceeds of the sale of Iraqi
petroleum and petroleum products be distributed to the Iraqi
population equitably and on a non-discriminatory basis;

      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 2/ and to
the International Covenant on Civil and Political Rights, 2/ to abide by
its freely undertaken obligations under the Covenants, under other
international instruments on human rights and under international
humanitarian law 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
within the framework of the Tripartite Commission and its technical
subcommittee 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, in the light of additional elements provided by the
Commission on Human Rights and the Economic and Social Council, to
continue its consideration of the situation of human rights in Iraq
during its fifty-second session under the item entitled "Human rights

                                                          82nd plenary meeting
                                                              12 December 1996


1/    Resolution 217 A (III).

2/    Resolution 2200 A (XXI), annex.

3/    United Nations, Treaty Series, vol. 75, Nos. 970-973.

4/    See Official Records of the Economic and Social Council, 1996,
Supplement No. 3 (E/1996/23), chap. II, sect. A. 

5/    See A/51/496 and Add.1.


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