The General Assembly,
Guided 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.