Situation of human rights in Chile : resolution / adopted by the General Assembly

The General Assembly,

Guided by the purposes and principles of the Charter of the United Nations and bearing in mind the Universal Declaration of Human Rights,the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights,

Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms, and determined to remain vigilant with regard to violations of human rights wherever they occur,

Reiterating that the Government of Chile has the obligation to respect and protect human rights in accordance with the international instruments to which Chile is a party,

Bearing in mind that the concern of the international community about the situation of human rights in Chile has been expressed by the General Assembly in a number of resolutions, particularly resolution 33/173 of 20 December 1978 on disappeared persons and resolution 43/158 of 8 December 1988,

Bearing in mind the pertinent resolutions of the Commission on Human Rights, particularly resolution 1989/62 of 8 March 1989, in which the Commission decided, inter alia, to extend the mandate of the Special Rapporteur for one year, to consider the question as a matter of high priority in view of the persistence of serious violations of human rights in Chile and to determine how the item was to be dealt with on the agenda of its forty-sixth session in the light of developments in the situation,

Regretting the decision of the Government of Chile to discontinue its co-operation with the Special Rapporteur,

Regretting also that the process of restoration of civil and political rights in Chile does not yet include the amendment of numerous laws that constitute an institutional and legal framework that makes violations of human rights possible,

1.         Takes note with appreciation of the report of the Special Rapporteur submitted in accordance with Commission on Human Rights resolution 1989/62;

2.         Congratulates the Chilean people on their peaceful progress towards the re-establishment of a representative and pluralist democracy based on respect for human rights and fundamental freedoms, and for reaffirming their will to achieve peace and national reconciliation through the restoration of justice;

3.         Expresses its satisfaction at the progress of the Chilean electoral process which it considers an important step towards the rapid return of democracy in that country;

4.         Welcomes, as a positive development, the decision by the Government of Chile to heed the demands of democratic sectors of the country and of the international community with regard to reforming certain aspects of the institutional and legal framework harmful to civil and political rights;

5.         Takes note with satisfaction of the decision by the Government of Chile to incorporate the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights into domestic law;

6.         Welcomes the improvement of the situation of human rights in Chile noted by the Special Rapporteur during the six months covered by his report;

7.         Regrets, nevertheless, the decision of the Government of Chile to discontinue its co-operation with the Special Rapporteur in the fulfilment of his mandate, and urges it to resume such co-operation in compliance with the resolutions of the General Assembly and the Commission on Human Rights;

8.         Urges the Government of Chile to continue to make progress regarding respect for human rights and fundamental freedoms for all the Chilean people, including the indigenous peoples, especially by adapting the legal system to the relevant principles and provisions, and refraining from making any more changes in national institutions without duly consulting the people, and to be guided by those principles and provisions in the exercise of its powers in the same way as the judiciary;

9.         Also urges the Government of Chile for that purpose to ensure the independence of the judiciary and the effectiveness of judicial remedies, by respecting procedural guarantees, equality before the law and the right to defence in all cases;

10.       Expresses its concern at acts of violence of any origin that continue to occur in Chile, thereby aggravating the climate of insecurity and rendering the return to democracy more difficult;

11.       Again expresses its serious concern at the persistence of violations of human rights and fundamental freedoms in Chile involving, inter alia, cases of death, torture and ill-treatment, and at the Colonia Dignidad case, as described by the Special Rapporteur in his report;

12.       Urges the Government of Chile to investigate all cases of serious violations of human rights that occurred in the past, bearing in mind the reports of special rapporteurs;

13.       Invites the Commission on Human Rights to evaluate at its forty-sixth session the situation of human rights in Chile, bearing in mind the reports presented by special rapporteurs, to consider the mandate of the Special Rapporteur and also how the item is to be dealt with on the agenda in the light of developments in the situation, and to report to the General Assembly at its forty-fifth session.