United Nations

A/RES/51/98


General Assembly

Distr. GENERAL  

3 March 1997

ORIGINAL:
ENGLISH



Fifty-first session
Agenda item 110 (b)


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

            [on the report of the Third Committee (A/51/619/Add.2)]


              51/98.      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, signed in Paris on
23 October 1991, 3/ including part III thereof, relating to human
rights,

      Taking note also of Commission on Human Rights resolution 1996/54
of 19 April 1996, 4/ and recalling General Assembly resolution
50/178 of 22 December 1995 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 human rights in 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, through his Special
Representative for human rights in Cambodia, in collaboration with the
Centre for Human Rights of the Secretariat, to assist the Government
of Cambodia in ensuring the protection of the human rights of all
people in Cambodia and to ensure adequate resources, from within
existing resources, for the enhanced functioning of the operational
presence in Cambodia of the Centre;

      2.    Welcomes the report of the Secretary-General 6/ 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;

      3.    Also welcomes the continuing role of the United Nations High
Commissioner for Human Rights in the promotion and protection of human
rights in Cambodia and the signing of a memorandum of understanding
with the Government of Cambodia to allow the office in Cambodia of the
Centre for Human Rights to continue to operate for the next two years
and to maintain its technical cooperation programmes;

      4.    Commends the work of the former Special Representative of
the Secretary-General, Mr. Michael Kirby, in promoting and protecting
human rights in Cambodia, and welcomes the appointment by the
Secretary-General of Mr. Thomas Hammarberg as his new Special
Representative;

      5.    Takes note with appreciation of the report of the Special
Representative, 7/ and endorses his recommendations and
conclusions, including those aimed at combating child prostitution and
trafficking and ensuring the independence of the judiciary and the
establishment of the rule of law, freedom of expression and the
promotion of an effective, functioning multi-party democracy;

      6.    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, and those contained in reports
of his predecessor, are followed up and implemented;

      7.    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;

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

      9.    Notes that communal elections are due to be held in 1997 and
National Assembly elections in 1998, and strongly 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 and 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; 3/

      10.   Welcomes the proposed measures, outlined by the Government
of Cambodia in its comments 8/ on the report of the Secretary-
General, to ensure that the forthcoming communal and national
elections are free and fair, that members of the armed forces remain
neutral during the election campaign, that the individual vote is
confidential and that local and international observers are welcomed;

      11.   Calls upon the Government of Cambodia to investigate cases
of violence and intimidation directed at minor political parties and
their supporters, as well as against media personnel and offices, and
to bring to justice those responsible;

      12.   Also calls upon the Government of Cambodia to ensure fair
access to government television and radio regardless of political
affiliation and to ensure that the people of Cambodia have access to a
variety of information, especially in the lead-up to the elections;

      13.   Commends the Government of Cambodia for its constructive
approach to the inclusion of Cambodian human rights non-governmental
organizations in the rehabilitation and reconstruction of Cambodia,
and recommends that their skills be drawn upon to assist in ensuring
that forthcoming elections are free and fair;

      14.   Expresses serious concern at the comments made by the
Special Representative concerning the continuing problem of impunity,
whereby the courts in several areas are reluctant or unable to charge
members of the military, police and other security forces for serious
criminal offences, and encourages the Government of Cambodia, as a
matter of urgent priority, to address this problem, which in effect
places the military and police above the principle of equality before
the law;

      15.   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 and his predecessor;

      16.   Also expresses grave concern about the serious violations of
human rights as detailed in the reports of the Special Representative
and his predecessor, 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;

      17.   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 2/ and other
human rights instruments to which Cambodia is a party;

      18.   Urges the Government of Cambodia to give priority attention
to combating child prostitution and trafficking and, in this
connection, to work with the office in Cambodia of the Centre for
Human Rights and non-governmental organizations to develop an action
plan;

      19.   Recognizes the seriousness with which the Government of
Cambodia has approached the preparation of its initial reports to the
relevant treaty bodies, and encourages the Government 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;

      20.   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;

      21.   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;

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

      23.   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;

      24.   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, disabled persons and minorities;

      25.   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 urges the Government to ban all anti-personnel landmines;

      26.   Requests the Secretary-General to report to the General
Assembly at its fifty-second session on the role of the Centre for
Human Rights in assisting the Government and the 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;

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


                                                          82nd plenary meeting
                                                              12 December 1996


                                     Notes

1/    Resolution 217 A (III).

2/    Resolution 2200 A (XXI), annex.

3/    A/46/608-S/23177, annex; see Official Records of the Security
Council, Forty-sixth Year, Supplement for October, November and
December 1991, document S/23177.

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

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

6/    A/51/453.

7/    E/CN.4/1996/93.

8/    A/51/453/Add.1.

 

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