1995/65. Human rights violations on the Papua New Guinea
island of Bougainville

The Commission on Human Rights,

Guided by the relevant provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights,

Reaffirming that all States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken pursuant to the various international instruments in the field of human rights,

Taking into account resolution 1994/21 of 25 August 1994 of the Subcommission on Prevention of Discrimination and Protection of Minorities,

Recalling its resolution 1993/76 of 10 March 1993, and its resolution 1994/81 of 9 March 1994 in which it urged the Government of Papua New Guinea promptly to invite the Special Rapporteur on extrajudicial,
summary or arbitrary executions and the Special Rapporteur on the question of torture to investigate the reports of human rights violations in the island of Bougainville, to enable them to report to the Commission at its fifty-first session,

Regretting that the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the question of torture were not able to visit the Papua New Guinea island of Bougainville,

Expressing its appreciation to the Governments of Fiji, Tonga and Vanuatu for contributing troops to the South Pacific Regional Peace-keeping Force in the Papua New Guinea island of Bougainville, and to the Governments of Australia and New Zealand for providing logistical, training and financial support for the operation,

Taking note with appreciation of the report of the Secretary-General (E/CN.4/1995/60), the report of the Representative of the Secretary-General (E/CN.4/1995/60/Add.1), the report that the number of human rights violations on Bougainville has substantially decreased since September 1994, as well as the response of the Government of Papua New Guinea to the Commission on Human Rights (E/CN.4/1995/60, sect. III) indicating all the peace processes embarked
upon by all parties in Bougainville and the above-mentioned member States of the South Pacific Forum, which culminated in the "Mirigini Charter", signed on 25 November 1994;

Noting that the implementation of the "Mirigini Charter" will lead to the establishment of the Bougainville Transitional Government, which will pave the way for an active programme of consultations and negotiation on a political settlement within the framework of the Constitution of Papua New Guinea, including the maintaining of dialogue on all issues pertinent to the resolution of the crisis,

Concerned that most leaders of the Bougainville Revolutionary Army and the organization known as the Bougainville Interim Government did not participate in the Bougainville Peace Conference, held in October 1994, which provided the basis for discussions leading to the signing of the "Mirigini Charter",

Expressing the hope that the will shown by the member States of the South Pacific Forum, the Government of Papua New Guinea and all the parties to the armed conflict in Bougainville will lead to a speedy settlement of the crisis, thereby enhancing the protection and promotion of the human rights of all Bougainvillians,

Considering that it is necessary for the international community to continue to keep the human rights situation in the Papua New Guinea island of Bougainville under review with the aim of promoting full respect for human rights and supporting the efforts of the Government of Papua New Guinea to that end,

1. Expresses its gratitude to all parties to the conflict for their promise to guarantee a safe relief corridor and safe passage for the internally displaced persons;

2. Requests all the parties in Bougainville to implement the instrument of cease-fire annexed to the report of the Secretary-General;

3. Calls upon all parties to the conflict to adhere strictly to paragraph 10 of the instrument, which calls for the immediate lifting of the restrictions on the provision of medical and other humanitarian services to all areas of Bougainville;

4. Urges all parties to pursue an open and peaceful dialogue towards a total cessation of armed conflict and the restoration of peace, which is crucial to the full promotion of human rights;

5. Requests the Secretary-General to bring the present resolution to the attention of the Government of Papua New Guinea and all parties to the peace process;

6. Requests the Secretary-General to continue to lend his good offices to the peace process, and the Government of Papua New Guinea to invite the relevant thematic rapporteurs and working groups to visit the Papua New Guinea island of Bougainville to monitor the peace process and to report on the situation of human rights;

7. Urges the Government of Papua New Guinea to extend its full cooperation to the Representative of the Secretary-General and to the relevant thematic rapporteurs and working groups to enable them to report to the Commission at its fifty-second session;

8. Decides to consider the situation of human rights on the Papua New Guinea island of Bougainville at its fifty-second session under the same agenda item.
59th meeting
7 March 1995
[Adopted without a vote. See chap. XII. E/CN.4/1995/176]


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