A/RES/55/115 GA

United Nations A/RES/55/115 General Assembly Distr.: General 20 December 2000 Fifty-fifth session Agenda item 114 (c) 00 56629 Resolution adopted by the General Assembly [on the report of the Third Committee (A/55/602/Add.3)] 55/115. Human rights situation in Iraq The General Assembly, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights,1 the International Covenants on Human Rights2 and other human rights instruments, Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and 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, other international human rights instruments and the Geneva Conventions of 12 August 1949 for the protection of victims of war,3 Recalling its previous resolutions and those of the Commission on Human Rights on the subject, and taking note of the most recent, Commission resolution 2000/17 of 18 April 2000,4 Recalling also Security Council resolution 686 (1991) of 2 March 1991, in which the Council called upon Iraq to release all Kuwaitis and nationals of other States who might still be held in detention, Council resolution 687 (1991) of 3 April 1991, 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 that the human rights of all Iraqi citizens be respected, Council resolutions 986 (1995) of 14 April 1995, 1111 (1997) of 4 June 1997, 1129 (1997) of 12 September 1997, 1143 (1997) of 4 December 1997, 1153 (1998) of 20 February 1998, 1175 (1998) of 19 June 1998, 1210 (1998) of 24 November 1998, 1242 (1999) of 21 May 1999, 1266 (1999) of 4 October 1999, 1281 (1999) of 10 December 1999 and 1302 (2000) of 8 June 2000, in which the Council authorized States to permit imports of Iraqi oil in order to allow Iraq to purchase humanitarian supplies, and Council resolution 1284 (1999) of 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, 2000, Supplement No. 3 and corrigendum (E/2000/23 and Corr.1), chap II, sect. A. A/RES/55/115 2 17 December 1999, in which the Council, by means of a comprehensive approach to the situation in Iraq, inter alia, raised the ceiling for the allowable import of Iraqi oil in order to increase the amount of revenue available for the purchase of humanitarian supplies, laid down new provisions and procedures designed to improve the implementation of the humanitarian programme and to further achievements in meeting the humanitarian needs of the Iraqi population, and reiterated the obligation of Iraq to facilitate the repatriation of all Kuwaiti and third- country nationals referred to in paragraph 30 of Council resolution 687 (1991), Taking note of the concluding observations of the Human Rights Committee,5 the Committee on the Elimination of Racial Discrimination,6 the Committee on Economic, Social and Cultural Rights7 and the Committee on the Rights of the Child8 on the recent reports submitted to them by Iraq, in which these treaty- monitoring bodies point to a wide range of human rights problems and hold the view that the Government of Iraq remains bound by its treaty obligations, while pointing to the adverse effect of sanctions on the daily life of the population, in particular children, Recalling the reports of the Secretary-General concerning the implementation of Security Council resolutions 986 (1995),9 1111 (1997),10 1143 (1997),11 1175 (1998),12 1210 (1998)13 and 1242 (1999),14 and taking note of the report of the Secretary-General on the implementation of Security Council resolution 1302 (2000),15 Reaffirming that it is the responsibility of the Government of Iraq to ensure the well-being of its entire population and the full enjoyment of all human rights and fundamental freedoms, concerned about the dire humanitarian situation in Iraq, which particularly affects certain vulnerable groups, including children, as stated in the reports of several United Nations human rights treaty bodies, and appealing to all concerned to fulfil their mutual obligations in the management of the humanitarian programme established by the Security Council in its resolution 986 (1995), 1. Welcomes the report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Iraq16 and the observations, conclusions and recommendations contained therein; 2. Notes with dismay that there has been no improvement in the situation of human rights in the country; 5 Official Records of the General Assembly, Fifty-third Session, Supplement No. 40 (A/53/40), vol. I, paras. 90–111. 6 Ibid., Fifty-fourth Session, Supplement No. 18 (A/54/18), paras. 337–361. 7 Official Records of the Economic and Social Council, 1998, Supplement No. 2 (E/1998/22), paras. 245– 283. 8 Official Records of the General Assembly, Fifty-fifth Session, Supplement No. 41 (A/55/41), paras. 304– 333. 9 S/1996/1015. 10 S/1997/935. 11 S/1998/90, S/1998/194 and Corr.1 and S/1998/477. 12 S/1998/823 and S/1998/1100. 13 S/1999/187 and S/1999/573 and Corr.2. 14 S/1999/896 and Corr.1 and S/1999/1162 and Corr.1. 15 S/2000/857. 16 See A/55/294. A/RES/55/115 3 3. Strongly condemns: (a) The systematic, widespread and extremely grave violations of human rights and of international humanitarian law by the Government of Iraq, resulting in an all-pervasive repression and oppression sustained by broad-based discrimination and widespread terror; (b) The suppression of freedom of thought, expression, information, association, assembly and movement through fear of arrest, imprisonment, execution, expulsion, house demolition and other sanctions; (c) The repression faced by any kind of opposition, in particular the harassment and intimidation of and threats against Iraqi opponents living abroad and members of their families; (d) The widespread use of the death penalty in disregard of the provisions of the International Covenant on Civil and Political Rights2 and the United Nations safeguards; (e) Summary and arbitrary executions, including political killings and the continuing so-called clean-out of prisons, as well as enforced or involuntary disappearances, routinely practised arbitrary arrests and detention and consistent and routine failure to respect due process and the rule of law; (f) Widespread, systematic torture and the maintaining of decrees prescribing cruel and inhuman punishment as a penalty for offences; 4. Calls upon the Government of Iraq: (a) To abide by its freely undertaken obligations under international human rights treaties and international humanitarian law and to respect and ensure the rights of all individuals, irrespective of their origin, ethnicity, gender or religion, within its territory and subject to its jurisdiction; (b) To bring the actions of its military and security forces into conformity with the standards of international law, in particular those of the International Covenant on Civil and Political Rights; (c) To cooperate with United Nations human rights mechanisms, in particular by inviting the Special Rapporteur to visit the country 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; (d) To establish 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; (e) To abrogate all decrees that prescribe cruel and inhuman punishment or treatment, including mutilation, and to ensure that torture and cruel punishment and treatment no longer occur; (f) To abrogate all laws and procedures, including Revolution Command Council Decree No. 840 of 4 November 1986, that penalize free expression, and to ensure that the genuine will of the people shall be the basis of the authority of the State; A/RES/55/115 4 (g) To ensure free exercise of political opposition and to prevent intimidation and repression of political opponents and their families; (h) To respect the rights of all ethnic and religious groups and to cease immediately its repressive practices aimed at the Iraqi Kurds, Assyrians and Turkmen, in particular their deportation from the regions of Kirkuk and Khanaqin, and at the population of the southern marsh areas, where drainage projects have provoked environmental destruction and a deterioration of the situation of the civilian population, as well as to ensure the physical integrity of all citizens, including the Shi’a population, and to guarantee their freedoms; (i) To cooperate with the Tripartite Commission and its Technical Subcommittee to establish the whereabouts and resolve the fate of the remaining several hundred missing persons, including prisoners of war, Kuwaiti nationals and third-country nationals, victims of the illegal Iraqi occupation of Kuwait, to cooperate with the Working Group on Enforced or Involuntary Disappearances of the Commission on Human Rights for that purpose, to cooperate with the high-level coordinator of the Secretary-General for Kuwaitis and third-country nationals and Kuwaiti property, to pay compensation to the families of those who died or disappeared in the custody of the Iraqi authorities, through the mechanism established by the Security Council in resolution 692 (1991) of 20 May 1991, to release immediately all Kuwaitis and nationals of other States who may still be held in detention and inform families about the whereabouts of arrested persons, to provide information about death sentences imposed on prisoners of war and civilian detainees, and to issue death certificates for deceased prisoners of war and civilian detainees; (j) To cooperate further with international aid agencies and non- governmental organizations in providing humanitarian assistance and monitoring in the northern and southern areas of the country; (k) To continue to cooperate in the implementation of Security Council resolutions 986 (1995), 1111 (1997), 1143 (1997), 1153 (1998), 1210 (1998), 1242 (1999), 1266 (1999), 1281 (1999) and 1302 (2000), and to cooperate, together with all concerned, in the implementation of the sections on humanitarian questions of Council resolution 1284 (1999), to ensure fully the timely and equitable distribution, without discrimination, to the Iraqi population, including the population in remote areas, of all humanitarian supplies purchased under the oil-for- humanitarian-goods programme, to address effectively the needs of vulnerable groups, including children, pregnant women, the disabled, the elderly and the mentally ill, among others, to facilitate the work of United Nations humanitarian personnel in Iraq by ensuring the free and unobstructed movement of observers throughout the country, as well as their free access, without any discrimination, to all the population, and to ensure that involuntarily displaced persons receive humanitarian assistance without the need to demonstrate that they have resided for six months at their places of temporary residence; (l) To cooperate in the identification of minefields existing throughout Iraq with a view to facilitating their marking and eventual clearing; A/RES/55/115 5 5. Requests the Secretary-General to provide the Special Rapporteur with all necessary assistance in carrying out his mandate, and decides to continue the examination of the situation of human rights in Iraq at its fifty-sixth session, under the item entitled “Human rights questions”, in the light of additional elements provided by the Commission on Human Rights. 81st plenary meeting 4 December 2000

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