Question of Human Rights in Afghanistan

A/RES/57/234No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 109cHuman rights situations and reports of special rapporteurs and representatives, published in 2003.

What other versions does this mandate have?

4 versions · 2000–2003

2003A/RES/57/234Question of human rights in AfghanistanLatestCompare with previous version
2002A/RES/56/176Question of human rights in AfghanistanCompare with previous version
2001A/RES/55/119Question of human rights in AfghanistanCompare with previous version
2000A/RES/54/185Question of human rights in Afghanistan

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What does this mandate say?

46 operative paragraphs

Welcomes the interim report of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Afghanistan, and endorses the recommendations contained therein;

Also welcomes the decision of the Transitional Authority to establish the Constitutional Commission to undertake, with the assistance of the United Nations, the task of drafting a new Constitution, which will reflect, inter alia, the commitment of Afghanistan to promote and protect human rights pursuant to its obligations under the international human rights instruments;

Warmly welcomes the establishment of the Independent Human Rights Commission, which has the primary responsibility for advising on the promotion and protection of human rights and developing a national programme for the implementation of the relevant section of the Agreement on Provisional Arrangements in Afghanistan Pending the Re-establishment of Permanent Government Institutions (the Bonn Agreement);

Invites the relevant bodies of the United Nations, in particular the Office of the United Nations High Commissioner for Human Rights, within the framework of the United Nations Assistance Mission in Afghanistan:

To assist in the full implementation of the human rights provisions of the Bonn Agreement and the National Human Rights Programme for Afghanistan, including through the establishment of an active human rights component in Afghanistan;

To contribute to the work of the recently established Independent Human Rights Commission, the responsibilities of which include the promotion of international human rights standards, human rights monitoring, the investigation of violations of human rights and the development of domestic human rights institutions that have dedicated personnel and operative plans;

To develop a human rights-based strategy addressing, in particular, issues of accountability, transitional justice, a national programme for human rights education, women’s rights and the rights of the child;

Commends the steps taken by the Transitional Authority to promote and protect human rights and fundamental freedoms in order to guarantee, in particular, the rights of children, women and persons belonging to national, ethnic, religious or linguistic minorities and the right to education, employment and freedom of religion and expression;

Welcomes the designation by the Transitional Authority of the members of the Judicial Commission, and urges it to resume its work without delay with a view to restoring the rule of law by, inter alia, the establishment of an independent and impartial judiciary, which should function in conformity with standards of international law relating to human rights;

Urges the Transitional Authority, the international community and the United Nations, in particular the United Nations Assistance Mission in Afghanistan, to provide the commissions established under the Bonn Agreement with the support necessary to fulfil their mandates;

Urges the Transitional Authority to continue its efforts to re-establish the rule of law, including by ensuring that law enforcement agencies respect and uphold human rights and fundamental freedoms;

Calls upon the Transitional Authority to develop a culture of democracy that includes democratic institutions as well as a free press and autonomous electronic media, all of which contribute to the promotion of tolerance and respect for human rights;

Expresses grave concern:

About the recent reports of ethnically motivated violence directed in particular against certain minority ethnic groups in affected areas that lack the rule of law and its enforcement machinery;

About recent cases of arbitrary arrest and detention and of summary trials in some areas of the country;

About recent attacks against women and girls, including rape and other forms of sexual violence, forced marriage, detention of women and girls for violating social codes and attacks on girls’ schools;

Calls upon the Transitional Authority and all Afghan groups, in application of the Bonn Agreement:

To respect fully all human rights and fundamental freedoms without discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, birth, descent or other status;

To adhere strictly to their obligations under human rights instruments and international humanitarian law, inter alia, in relation to the treatment of prisoners;

To implement fully demobilization and social reintegration activities, including those related to war-affected children;

To facilitate the provision of efficient and effective remedies to the victims of grave violations and abuses of human rights and of international humanitarian law and to bring the perpetrators to justice in accordance with international standards and in particular with a view to combating impunity;

To treat all suspects and convicted or detained persons in accordance with relevant international law and to refrain from acts of arbitrary detention in violation of international law;

To facilitate the voluntary and orderly return in safety and dignity of Afghan refugees and internally displaced persons and their reintegration;

Welcomes the establishment of the Ministry of Women’s Affairs, and encourages the Transitional Authority to provide the necessary support and resources to enable the Ministry to function effectively;

Urges the Transitional Authority to give high priority to the ratification of the Convention on the Elimination of All Forms of Discrimination against Women,9 to end, without delay, all violations of the human rights of women and girls and to take urgent measures to ensure fully:

The repeal of any legislative, institutional and other measures in place that discriminate against women and girls and those that impede the realization of their human rights and fundamental freedoms;

The full, equal and effective participation of women in civil, cultural, economic, political and social life throughout the country at all levels;

Respect for the equal right of women to work and their reintegration into employment in all sectors and at all levels of Afghan society;

The equal right of women and girls to education without discrimination, the effective functioning of schools throughout the country and the admission of women and girls to educational programmes at all levels;

Respect for the equal right of women and girls to security of person, including in the private sphere, and to ensure that those responsible for physical attacks on women are brought to justice;

The equal right of women and girls to access to health care;

Notes with deep concern the severity of the humanitarian crisis that still affects the country and the existence of millions of Afghan internally displaced persons and refugees;

Recognizes the huge burden shouldered by neighbouring countries, especially the Islamic Republic of Iran and Pakistan, expresses its appreciation of the efforts made in those host countries to ease the plight of Afghan refugees, and encourages them to continue cooperating with the Office of the United Nations High Commissioner for Refugees to that end;

Welcomes the contributions of donors to meet the requirements of the Immediate and Transitional Assistance Programme for the Afghan People 2002, urges them to fulfil promptly the funding commitments made at the International Conference on Reconstruction Assistance to Afghanistan, held at Tokyo on 21 and 22 January 2002, and invites them to provide additional resources beyond those pledged at that Conference;

Urges the international community to provide continuing assistance to ensure an effective transition, consistent with the National Development Framework, from humanitarian assistance to the establishment of a longer-term social and economic recovery, with a view to meeting, in particular, the needs of internally displaced persons and returnees;

Welcomes the activities of the Office of the United Nations High Commissioner for Refugees and other United Nations agencies to achieve the voluntary return of 1.7 million refugees, calls upon the Office of the High Commissioner to continue implementing its plans for the voluntary and orderly repatriation of refugees in safety and dignity, in close cooperation with the Transitional Authority and with the support of other relevant United Nations agencies, and appeals to the international community to provide additional assistance for a durable solution to this problem;

Notes with appreciation the activities carried out by the International Committee of the Red Cross and other humanitarian organizations throughout the territory of Afghanistan;

Appeals to Member States, organizations and programmes of the United Nations system, specialized agencies and other international organizations to ensure that all United Nations operations integrate a gender perspective, including in the selection of personnel for their management, and that women benefit equally with men from such programmes;

Urges the Transitional Authority and all Afghan groups to ensure the safety, security and free movement of all foreign and local United Nations and associated personnel, as well as of all foreign and local personnel of humanitarian organizations, and their safe and unimpeded access to all affected populations;

Also urges the Transitional Authority and all Afghan groups to guarantee the access of all Afghans to aid and to educational and health facilities without discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, birth, descent or other status;

Calls upon the Transitional Authority and all Afghan groups to cooperate fully with the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Afghanistan and all other special rapporteurs who request invitations to visit Afghanistan, and to facilitate their access to all sectors of society and to all parts of the country;

Requests the Secretary-General:

To provide all necessary assistance to the Special Rapporteur;

To ensure, in consultation with the United Nations High Commissioner for Human Rights, the integration of a human rights capacity in the context of United Nations activities in Afghanistan, and also to ensure that the protection and promotion of human rights is central to the purposes and functions of the United Nations Assistance Mission in Afghanistan and that the Mission is fully equipped to implement effectively its human rights responsibilities under the terms of the Bonn Agreement;

Invites the Special Rapporteur to provide updated reports, as appropriate, on the situation of human rights in Afghanistan to the General Assembly and the Commission on Human Rights;

Decides to keep the situation of human rights in Afghanistan under consideration at its fifty-eighth session, in the light of additional elements provided by the Commission on Human Rights and the Economic and Social Council.

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Question of Human Rights in Afghanistan

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