1995/55. The situation of human rights in Cambodia

The Commission on Human Rights,

Guided by the purposes and principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights,

Recalling the Agreement on a Comprehensive Political Settlement of the Cambodia Conflict signed in Paris on 23 October 1991, including part III relating to human rights,

Recalling Commission on Human Rights resolution 1994/61 of 4 March 1994, General Assembly resolution 49/199 of 23 December 1994, and previous relevant resolutions, including Commission on Human Rights resolution 1993/6 of 19 February 1993, in which it requested the Secretary-General to appoint a special representative in Cambodia, and the Secretary-General's subsequent appointment of a special representative,

Bearing in mind the role and responsibilities of the United Nations and the international community in the process of the rehabilitation and reconstruction of Cambodia,

Recognizing that the tragic recent history of Cambodia requires special measures to assure the promotion and protection of the human rights of all people in Cambodia and the non-return to the policies and practices of the past, as stipulated in the Agreement signed in Paris on 23 October 1991;

Welcoming the establishment in Cambodia of the office of the Centre for Human Rights,

1. Requests the Secretary-General to assure the protection of the human rights of all people in Cambodia and to ensure adequate resources from within existing United Nations resources, for the enhanced functioning of the operational presence in Cambodia of the Centre for Human Rights;

2. Welcomes the visit to Cambodia of the United Nations High Commissioner for Human Rights;

3. Welcomes and encourages the efforts of individuals, non-governmental organizations, Governments and international organizations involved in human rights activities in Cambodia;

4. Takes note with appreciation of the latest report submitted by the Special Representative of the Secretary-General on the situation of human rights in Cambodia (E/CN.4/1995/87 and Add.1), and endorses his recommendations and conclusions, including those aimed at ensuring the independence of the judiciary and the establishment of the rule of law, good governance and freedom of expression;

5. Notes with appreciation the programmes of activities of the Centre for Human Rights in Cambodia, as described in the report of the Special Representative of the Secretary-General;

6. Takes note of the statement presented by the Government of Cambodia to the United Nations General Assembly on 22 November 1994;

7. Requests the Special Representative, in collaboration with the office in Cambodia of the Centre for Human Rights, to undertake an evaluation of the extent to which the recommendations made in his report, and those contained in his previous reports, are followed up and implemented;

8. Requests the Secretary-General to renew the mandate of the Special Representative as set out in paragraph 6 of Commission on Human Rights resolution 1993/6;

9. Also requests the Secretary-General to provide all necessary resources from within the regular budget of the United Nations to enable the Special Representative to continue to fulfil his tasks expeditiously;

10. Welcomes the efforts made by the Government of Cambodia to promote and protect human rights, including measures to improve human rights education, conditions of prisons and in creating a functioning system of justice, and urges that efforts continue in these areas;

11. Expresses grave concern about the atrocities committed by the Khmer Rouge, including the massacre of approximately 50 villagers in Battambang Province in October 1994, the numerous incidents of kidnapping of villagers, attacks on tourists, including the taking and killing of foreign hostages, and other deplorable incidents detailed in the reports of the Special Representative;

12. Condemns unreservedly all threats by the Khmer Rouge, including the widespread use of land-mines, to the safety of persons involved in development assistance activities in rural Cambodia;

13. Expresses grave concern at the devastating consequences and destabilizing effects of the indiscriminate use of anti-personnel land-mines on Cambodian society and encourages the Government of Cambodia to continue its efforts to remove these mines;

14. Expresses concern at the serious violations of human rights as detailed by the Special Representative in his reports, and further encourages the Government of Cambodia to investigate thoroughly allegations of human rights abuse and to prosecute those who are guilty of human rights offences in accordance with the due process of the law and international standards relating to the administration of justice;

15. Takes note of the concern expressed by the Special Representative in his report at the widely reported allegations of threats to members of the National Assembly and recommends that the Government of Cambodia take all necessary steps to ensure that members of the National Assembly can work in an environment free from intimidation;

16. Calls upon the Government of Cambodia to ensure the full observance of human rights for all persons within its jurisdiction in accordance with the international covenants and other human rights instruments to which Cambodia is a party;

17. Welcomes the agreement by the Governments of Cambodia and Viet Nam to address immigration policy and practice in a way consistent with national legislation and appropriate international standards;

18. Encourages the Government of Cambodia to continue its efforts to meet its reporting obligations under international human rights instruments, drawing on the assistance of the Office of the Centre for Human Rights in Cambodia;

19. Encourages the National Assembly of Cambodia to enact a press law which is consistent with internationally recognized standards and which protects freedom of expression while promoting press responsibility;

20. Commends the ongoing efforts of the Office of the Centre for Human Rights in Cambodia in supporting and assisting the Government of Cambodia, as well as non-governmental organizations and others involved in the protection and promotion of human rights in cooperation with the Government of Cambodia, and condemns attacks on them unreservedly;

21. Encourages the Government of Cambodia to request the Centre for Human Rights to provide advice and technical assistance with respect to the creation of an independent national institution for the promotion and protection of human rights;

22. Requests the Centre for Human Rights, in cooperation with the relevant United Nations specialized agencies and development programmes, to develop and implement programmes, with the consent and cooperation of the Government of Cambodia, in the priority areas identified by the Special Representative, paying particular attention to vulnerable groups, including women, children and minorities;

23. Notes with appreciation the use by the Secretary-General of the United Nations Trust Fund for a Human Rights Education Programme in Cambodia to finance the programme of activities for the office in Cambodia of the Centre for Human Rights as defined in resolutions of the General Assembly and the Commission on Human Rights, and invites Governments, intergovernmental and non-governmental organizations, foundations and individuals to consider contributing funds to this Trust Fund;

24. Decides to review the programmes and mandates set out in its resolution 1993/6 at its fifty-second session;

25. Requests the Special Representative of the Secretary-General to report to the Commission on Human Rights at its fifty-second session and to provide an interim report to the General Assembly at its fiftieth session;

26. Requests the Secretary-General to report to the Commission on Human Rights at its fifty-second session on the role of the Centre for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights and on the recommendations made by the Special Representative on matters within his mandate;

27. Decides to continue its consideration of this matter at its fifty-second session under the agenda item entitled "Advisory services in the field of human rights".
53rd meeting
3 March 1995
[Adopted without a vote. See chap. XXI. E/CN.4/1995/176]


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