Situation of human rights in Afghanistan, G.A. res. 49/207, 49 U.N. GAOR Supp. (No. 49) at 230, U.N. Doc. A/49/49 (1994).

The General Assembly,

by the principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenants on Human Rights and accepted humanitarian rules, as set out in the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto, of 1977,

Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms for all and resolved to remain vigilant with regard to violations of human rights wherever they occur,

Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have freely undertaken under the various international instruments,

Recalling Economic and Social Council resolution 1984/37 of 24 May 1984, in which the Council requested the Chairman of the Commission on Human Rights to appoint a special rapporteur to examine the situation of human rights in Afghanistan, with a view to formulating proposals that could contribute to ensuring full protection of the human rights of the inhabitants of the country before, during and after the withdrawal of all foreign forces,

Recalling also all its resolutions adopted on the question, as well as the resolutions of the Commission on Human Rights and the decisions of the Economic and Social Council,

Taking note, in particular, of Commission on Human Rights resolution 1994/84 of 9 March 1994, in which the Commission decided to extend the mandate of the Special Rapporteur on the situation of human rights in Afghanistan for one year and to request him to report to the General Assembly at its forty-ninth session, and of Economic and Social Council decision 1994/268 of 25 July 1994, in which the Council approved the Commission's decision,

Recalling further its resolution 48/152 of 20 December 1993, and noting with concern that in 1994 the situation of human rights in Afghanistan has further deteriorated owing to the outbreak of large-scale fighting,

Recalling the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, adopted on 14 November 1970,

Noting that, following the demise of the former Afghan Government, a transitional Islamic State of Afghanistan was established,

Noting with deep concern that in spite of the various efforts and initiatives taken towards ensuring complete peace and stability, including those taken by the Afghan Government, a situation of armed confrontation, affecting mainly the civilian population, which is still the target of indiscriminate military attacks by rival groups and of food blockades, continues to exist in parts of the territory of Afghanistan, and in particular in Kabul, and has also caused a dramatic rise in the number of persons displaced inside the country,

Concerned that the prevailing situation in the country is affecting the security of members of all ethnic and religious groups, including minorities,

Concerned in particular that armed confrontation in Afghanistan has brought about a situation where a unified judicial system cannot be established throughout the country,

Noting with concern reports of violations of rights enshrined in the International Covenant on Civil and Political Rights, such as the right to life, liberty and security of person and to freedom of opinion, expression and association,

Deeply concerned about the recurring violations of human rights specific to or primarily directed against women by some members of warring factions in Afghanistan, and about the lack of respect towards them and their physical integrity and dignity, as reported by the Special Rapporteur,

Concerned at reports of detainees who are being held for political reasons by rival groups, in particular in prisons run by political parties,

Noting with concern that weapons and other military material are acquired by some factions through the production and sale of illicit drugs,

Noting that much remains to be done for the treatment of prisoners to be in conformity with the provisions of the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto, of 1977,

Deeply concerned at the situation of refugees and internally displaced persons, which has worsened in 1994 owing to the prevailing situation in Afghanistan, and expressing the hope that conditions in the country will allow an early resumption of the repatriation of those still in exile,

Noting with appreciation the efforts undertaken by some neighbouring countries to provide assistance to Afghan refugees pending their repatriation, despite diminishing financial and other resources,

Aware that peace and security in Afghanistan are prerequisites for the successful repatriation of about three million refugees and, in particular, for the achievement of a comprehensive political solution and the establishment of a freely and democratically elected government, the end of armed confrontation in Kabul and in some provinces, the clearance of minefields that have been laid in many parts of the country, the restoration of an effective authority in the whole country and the reconstruction of the economy,

Affirming that the 1992 declaration of general amnesty issued by the Islamic State of Afghanistan should be applied in a strictly non-discriminatory manner and that prisoners detained by rival parties without trial on Afghan territory should be released unconditionally,

Commending the activity carried out by the Office of the United Nations High Commissioner for Refugees and the International Committee of the Red Cross in cooperation with the Afghan authorities, as well as non-governmental organizations, in favour of the people of Afghanistan,

Taking note with appreciation of the report of the Special Rapporteur and of the conclusions and recommendations contained therein,

Commending the efforts by the Special Rapporteur to implement Commission on Human Rights resolution 1994/45 of 4 March 1994 and the Vienna Declaration and Programme of Action, adopted by the World Conference on Human Rights on 25 June 1993, by including in his report information on human rights violations affecting women,

Noting that the Special Rapporteur visited four provinces in Afghanistan, while regretting that he was unable to visit Kabul owing to the continuous shooting of rockets and artillery on the capital,

1. Welcomes the cooperation that authorities in Afghanistan have extended to the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Afghanistan, in view of the circumstances prevailing in the country;

2. Also welcomes the cooperation that the authorities in Afghanistan have extended, in particular to the Coordinator for Humanitarian and Economic Assistance Programmes Relating to Afghanistan and to international organizations, such as the specialized agencies, the Office of the United Nations High Commissioner for Refugees and the International Committee of the Red Cross;

3. Urges all the Afghan parties to undertake, where appropriate under the auspices of the United Nations, all possible efforts in order to achieve a comprehensive political solution, which is the only way to bring about peace and the full restoration of human rights in Afghanistan, based on the free exercise of the right to self- determination by the people, including free and genuine elections, the cessation of armed confrontation and the creation of conditions that will permit the free return, as soon as possible, of about three million refugees to their homeland in safety and dignity, whenever they wish, and the full enjoyment of human rights and fundamental freedoms by all.

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