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A/RES/41/158 GA

Question of human rights and fundamental freedoms in Afghanistan : resolution / adopted by the General Assembly

41
Session
89
Yes
24
No
36
Abstentions
Draft symbol A/RES/41/158
Adopted symbol A/RES/41/158
Category ORGANIZATIONAL QUESTIONS
Voeten Topics
Significance ★ Important vote US State Dept designation
P5 Positions
Russia United States United Kingdom China France
UN Document A/RES/41/158 ↗

Vote Recorded VoteA/41/PV.97 Dec. 4, 1986

1 surprising vote — country whose ideal point predicts the opposite position.

— Abstain (36)
✗ No (24)
Absent (10)
✓ Yes (89)
Full text of resolution OCR extract — may contain errors
206 General Assembly-Forty-first Session the armed conflict and contribute to widening and strengthening the democratic system based on the full ex- ercise by all Salvadorians of their civil and political rights and economic, social and cultural rights; 8. Reiterates its appeal to the Government of El Salva- dor and to the opposing forces to co-operate fully with the humanitarian organizations dedicated to alleviating the suffering ofthe civilian population, wherever these organi- zations operate in the country, and to permit the Intema- tional Committee ofthe Red Cross to continue to evacuate those wounded and maimed by war to where they can re- ceive needed medical attention; 9. Requests ali States to collaborate, as muchas possi- ble, in the reception of refugees and to support the autono- mous organizations dealing with displaced persons within El Salvador, and requests the Govemment ofthat country to grant facilities to Salvadorians wishing to return to their homes; 10. Deplores the fact that the capacity of the judicial system in El Salvador to investigate, prosecute and punish violations of human rights continues to be patently un- satisfactory and therefore urges the competent authorities to deepen the process ofreform ofthe Salvadorianjudicial system, in order to punish speedily and effectively those responsible for the serious human rights violations which have been committed and are still being committed in that country; l l. Calls upon the competent authorities in El Salva- dor to make the national legislation compatible with the provisions contained in the intemational instruments on human rights binding on the Government ofthat country; 12. Recommends the continuation and broadening of the reforms necessary in El Salvador, including the effec- tive implementation of agrarian reform, in arder to con- tribute to a solution of the economic and social problems which constitute the roots of the intemal conflict in that country; l 3. Renews its appeal to the Govemment of El Salva- dor, as well as to other parties concerned, to continue to co-operate with the Special Representative of the Com- mission on Human Rights and requests the competent hodies of the United Nations system to provide any ad vice md assistance which the Govemment ofEl Salvador may , ... quire to achieve the highest levels in the promotion and • •rotection of human rights and fundamental freedoms; 14. Decides to keep under consideration, during its forty-second session, the situation of human rights and fundamental freedoms in El Salvador, in order to examine this situation anew in the light of additional elements pro- vided by the Commission on Human Rights and the Eco- nomic and Social Council, in the hope that there will be improvement. 97th plenary meeting 4 December 1986 41/158. Question of human rights and fundamental freedoms in Afghanistan The General Assembly, Guided by the principies embodied in the Charter of the United Nations, the Universal Declaration of Human Rights,2 the International Covenants on Human Rights24 and the humanitarian rules set out in the Geneva Conven- tions of 12 August 1949,154 Aware of its responsibility to promote and encourage re- sp, ,r human rights and fundamt • • ··"•.'OPm, for ali and resolved to remain vigilant with regard to violations of human rights wherever they occur, Emphasizing the obligation of ali Govemments to re- spect and protect human rights and to fulfil the respon- sibilities they have assumed under various international instruments, Recalling Commission on Human Rights resolution 1984/55 of 15 March 1984,29 in which the Commission expressed its concem and anxiety at the continuing pre~- ence of foreign forces in Afghanistan, as well as Econom~c and Social Council resolution 1984/37 of24 May 1984, m which the Council requested the Chairman of the Com- mission on Human Rights to appoint a special rapporteur to examine the situation of human rights in Afghanistan, Recalling also Commission on Human Rights resolution 1985/38 of 13 March 1985,30 in which the Commission expressed its profound concern at the grave and massive human rights violations in Afghanistan and urged the authorities in that country to put a stop to those viola- tions, in particular the military repression being con- ducted against the civilian population of Afghanistan, Recallingfurther Economic and Social Council decision 1985/147 of30 May 1985, by which the Council approved the decision of the Commission on Human Rights to ex- tend the mandate ofthe Special Rapporteur and to request him to report to the General Assembly at its fortieth ses- sion and to the Commission at its forty-second session on the situation of human rights in Afghanistan, including the human and material losses resulting from the bom- bardments of the civilian population, Recalling resolution 1985/35 of 30 August 1985 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, 158 in which the Sub-Commission requested the Commission on Human Rights to ask the Special Rapporteur to look into, in particular, the fate of women and children as a consequence of the conflict in Af- ghanistan, Recalling a/so its resolution 40/137 of 13 December 1985, in which it expressed its profound concern that disregard for human rights in Afghanistan was more wide- spread and that the conflict continued to engender human rights violations on a large scale, endangering, as a result, not only the lives of individuals but also the existence of whole groups of persons and tribes, Taking note of Commission on Human Rights resolu- tion 1986/40 of 12 March 198631 and Economic and So- cial Council decision 1986/136 of 23 May 1986, by which the Council approved the Commission's decision to ex- tend for one year the mandate of the Special Rapporteur, Having carefully examined the interim report ofthe Spe- cial Rapporteur on the situation of human rights in Af- ghanistan, 159 which reveals continuing grave and massive violations of fundamental human rights in that country, Recognizing that a situation of armed conflict continues to exist in Afghanistan, leaving large numbers of victims without protection or assistance, Deploring the continuing refusal of the Afghan authori- ties to co-operate with the Special Rapporteur, 1. Commends the Special Rapporteur for his report on the situation of human rights in Afghanistan; 2. Expresses once again its deep concern that the Af- ghan authorities, with heavy support from foreign troops, are acting with great severity against their opponents and I58 See E/CN.4/1986/5-E/CN.4/Sub.2/1985/57, chap XX, sect. A. 119 A/41/778. anncx. VI. Resolutions adopted on the reports of the Third Committee 207 suspected opponents without any respect for the interna- tional human rights obligations which they have assumed; 3. Expresses its grave concern at the methods of war- fare used, which are contrary to international humanitarian standards and the relevant instruments to which the States concerned are parties; 4. A/so expresses its grave concern, in particular, at the severe consequences for the civilian population of indis- criminate bombardments and military operations primarily targeted on villages and the agricultura) struc- ture; 5. Shares the conviction of the Special Rapporteur that the prolongation of the conflict increases the seriousness of the gross and systematic violations of human rights al- ready existing in the country; 6. Expresses once again its profound distress and alarm, in particular, at the widespread violations of the right to life, liberty and security of person, including the commonplace practice of torture and summary executions of the opponents of the régime, as well as at continuing evidence of a policy of religious intolerance; 7. Expresses its deep concern about the number of per- sons detained for seeking to exercise their human rights and fundamental freedoms, and their detention under con- ditions contrary to internationally recognized standards; 8. Notes with great concern that the educational system does not appear to respect the liberty of parents to ensure the religious and moral education of their children in con- formity with their own convictions; 9. Notes a/so with great concern that such widespread violations of human rights, that have already caused mil- Iions of people to flee their homes and country, are still giving rise to large flows of refugees and displaced persons; 10. Ca/Is once again upan the parties to the conflict to apply fully the principies and rules of international humanitarian law and to admit international humanitarian organizations, in particular the Interna- tional Committee of the Red Cross, and to facilitate their operations for the alleviation of the suffering of the people in Afghanistan; 11. Urges the authorities in Afghanistan to co-operate with the Commission on Human Rights and its Special Rapporteur, in particular by allowing him to visit Afghan- istan; 12. Requests the Secretary-General to give ali neces- sary assistance to the Special Rapporteur; 13. Decides to keep under consideration, during its forty-second session, the question of human rights and fundamental freedoms in Afghanistan in order to examine this question anew in the light of additional elements pro- vided by the Commission on Human Rights and the Eco- nomic and Social Council. • 97th plenary meeting 4 December 1986 41/159. Situation of human rights in the Islamic Repub- lic of lran The General Assembly, Guided by the principies embodied in the Charter of the United Nations, the Universal Declaration of Human Rights2 and the International Covenants on Human Rights,24 Reaffirming that ali Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have under- taken under the various international instruments in this field, Recalling Commission on Human Rights resolutions 1982/27 of 11 March 198227 and 1983/34 of 8 March 1983,28 Bearing in mind Commission on Human Rights resolu- tion 1984/54 of 14 March 1984,29 in which the Commis- sion expressed deep concern at the continuing serious vio- lations of human rights and fundamental freedoms in the Islamic Republic of lran and requested its Chairman to appoint a special representative to make a thorough study of the situation of human rights in that country, Recalling Commission on Human Rights resolution 1985/39 of 13 March 1985,30 Taking note, in particular, of Commission on Human Rights resolution 1986/41 of 12 March 1986,31 by which the Commission decided to extend the mandate of its Spe- cial Representative for one year and requested him to present an interim report to the General Assembly at its forty-first session on the situation of human rights in the Islamic Republic of Iran, including the situation of minority groups such as the Baha'is, and a final report to the Commission at its forty-third session, Mindful of resolution 1985/17 of 29 August 1985 of the Sub-Commission on Prevention of Discrimination and Protection ofMinorities, 158 in which the Sub-Commission expressed its alarm at the continuing reports of gross vio- lations of human rights and fundamental freedoms in the Islamic Republic of Iran, Regretting that the Government of the lslamic Republic of Iran has still not extended its full co-operation to the Commission on Human Rights and its Special Represen- tative, in particular by not allowing the Special Represen- tative to visit the country, Taking into account the transmission by the Special Representative to the Government ofthe Islamic Republic of Iran of a list of alleged violations of the right to Iife and certain other rights, such as those affecting the medica} profession, which allegedly occurred during the period October 1985 to September 1986, 1. Takes note of the interim report of the Special Rep- resentative of the Commission on Human Rights on the situation of human rights in the lslamic Republic of Iran and of the general observations contained therein; 160 2. Expresses its deep concern about the specific and de- tailed allegations of violations of human rights in the Is- lamic Republic of Iran and, in particular, those related to the right to life, such as summary and arbitrary execu- tions, the right to freedom from torture or cruel, inhuman or degrading treatment or punishment, the right to liberty and security of person and to freedom from arbitrary ar- rest or detention, the right to a fair trial, the right to free- dom ofthought, conscience and religion and to freedom of expression and the right of religious minorities to profess and practise their own religion; 3. Urges the Government of the Islamic Republic of Iran, as a State party to the International Covenant on Civil and Political Rights,22 to respect and to ensure to ali individuals within its territory and subject to its jurisdic- tion the rights recognized in that Covenant; 4. Requests the Commission on Human Rights to study carefully the final report of the Special Representa- tive, as well as other information pertaining to the situa- 160 A/41/787. arrnex.
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