Situation of human rights in Iraq, G.A. res. 51/106, 51 U.N. GAOR Supp. (No. 49) at 253, U.N. Doc. A/51/49 (Vol. I) (1996).

      The General Assembly,
      Guided by the Charter of the United Nations, the Universal Declaration
of Human Rights and the International Covenants on Human Rights,
      Reaffirming that all Member States have an obligation to promote and
protect human rights and fundamental freedoms and the duty 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 and other international human rights instruments, and to the Geneva
Conventions of 12 August 1949,
      Recalling its resolution 50/191 of 22 December 1995, in which it
expressed its strong condemnation of the massive violations of human rights of
the gravest nature in Iraq, and taking note of Commission on Human Rights
resolution 1996/72 of 23 April 1996,
      Bearing in mind Security 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 ensure that the human and political rights of all Iraqi citizens were
      Recalling Security Council resolution 687 (1991) of 3 April 1991,
      Recalling also Security Council resolution 986 (1995) of 14 April 1995,
by which the Council authorized States to permit imports of Iraqi oil up to
the amount of one billion United States dollars every ninety days, on a
renewable basis, to be used, inter alia, to purchase essential food and
medical supplies for humanitarian purposes,
      Deploring the refusal of the Government of Iraq to cooperate with the
United Nations human rights mechanisms, in particular by not receiving a
return visit of the Special Rapporteur of the Commission on Human Rights on
the situation of human rights in Iraq and not allowing the stationing of human
rights monitors throughout Iraq pursuant to the relevant resolutions of the
General Assembly and the Commission on Human Rights,
      1.    Takes note with appreciation of the interim report on the
situation of human rights in Iraq submitted by the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in Iraq and the
observations, conclusions and recommendations contained therein, and noting
his dismay that there has been no improvement in the situation of human rights
in the country;
      2.    Expresses its strong condemnation of the massive and extremely
grave violations of human rights for which the Government of Iraq is
responsible, resulting in an all-pervasive order of repression and oppression
which is sustained by broad-based discrimination and widespread terror;
      3.    Expresses its condemnation with regard to the violations of human
rights and international humanitarian law, in particular of:
      (a)   Summary and arbitrary executions, including political killings;
      (b)   The widespread routine practice of systematic torture in its most
cruel forms;
      (c)   The enactment and implementation of decrees prescribing cruel and
unusual punishment, namely mutilation, as a penalty for certain offences and
the abuse and diversion of medical-care services for the purpose of such
      (d)   Enforced or involuntary disappearances, routinely practised
arbitrary arrests and detention and consistent and routine failure to respect
due process and the rule of law;
      (e)   Suppression of freedom of thought, information, expression,
association and assembly through fear of arrest, imprisonment and other
sanctions, including the death penalty, as well as harsh limitations to
freedom of movement;
      4.    Welcomes the memorandum of understanding reached in May 1996
between Iraq and the Secretary-General to implement Security Council
resolution 986 (1995) and to respond to the serious humanitarian situation in
Iraq perpetuated by the non-compliance of the Government of Iraq with various
Security Council resolutions;
      5.    Urges the Government of Iraq to cooperate with the United Nations
with a view to ensuring the implementation of Security Council resolution 986
(1995), in accordance with the agreement reached in May 1996 that medicines,
health supplies, foodstuffs and other humanitarian supplies purchased with the
proceeds of the sale of Iraqi petroleum and petroleum products be distributed
to the Iraqi population equitably and on a non-discriminatory basis;
      6.    Again expresses its special alarm at the policies of the
Government of Iraq, which discriminate between regions and prevent the
equitable enjoyment of basic foodstuffs and medical supplies, and calls upon
Iraq, which has sole responsibility in this regard, to take steps to cooperate
with international humanitarian agencies in the provision of relief to those
in need throughout Iraq;
      7.    Calls once again upon Iraq, as a State party to the International
Covenant on Economic, Social and Cultural Rights and to the International
Covenant on Civil and Political Rights, to abide by its freely undertaken
obligations under the Covenants, under other international instruments on
human rights and under international humanitarian law and, particularly, to
respect and ensure the rights of all individuals, irrespective of their
origin, within its territory and subject to its jurisdiction;
      8.    Demands that the Government of Iraq restore 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
      9.    Also demands that the Government of Iraq abrogate any and all
decrees that prescribe cruel and inhuman punishment or treatment and take
every step necessary to ensure that the practice of torture and cruel and
unusual punishments and treatment no longer occur;
      10.   Urges the Government of Iraq to abrogate all laws and procedures,
including Revolution Command Council decree No. 840 of 4 November 1986, that
penalize the free expression of competing views and ideas and to ensure that
the genuine will of the people shall be the basis of authority in the State;
      11.   Also urges the Government of Iraq to improve its cooperation
within the framework of the Tripartite Commission and its technical
subcommittee with a view to establishing the whereabouts or resolving the fate
of the remaining several hundred missing persons and prisoners of war,
Kuwaitis and third-country nationals victims of the illegal Iraqi occupation
of Kuwait;
      12.   Requests the Secretary-General to provide the Special Rapporteur
with all necessary assistance in carrying out his mandate and to approve the
allocation of sufficient human and material resources for the sending of human
rights monitors to such locations as would facilitate improved information
flow and assessment and help in the independent verification of reports on the
situation of human rights in Iraq;
      13.   Decides, in the light of additional elements provided by the
Commission on Human Rights and the Economic and Social Council, to continue
its consideration of the situation of human rights in Iraq during its
fifty-second session under the item entitled "Human rights questions".



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