Situation of human rights and fundamental freedoms in Chile

 

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
Situation of human rights and fundamental freedoms in Chile

  The General Assembly, Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms for all and determined to remain vigilant with regard to violations of human rights wherever they occur, Stressing the obligation of Governments to promote and protect human rights and to carry out the responsibilities they have undertaken by virtue of various international instruments, Recalling its resolutions 3219 (XXIX) of 6 November 1974, 3448 (XXX) of 9 December 1975, 31/124 of 16 December 1976, 32/118 of 16 December 1977, 33/175 of 20 December 1978, 34/179 of 17 December 1979, 35/188 of 15 December 1980, 36/157 of 16 December 1981 and 37/183 of 17 December 1982, related to the situation of human rights in Chile, as well as its resolution 33/173 of 20 December 1978 on disappeared persons, Recalling also the resolutions of the Commission on Human Rights on the situation of human rights in Chile, in particular resolution 1983/38 of 8 March 1983, in which the Commission decided, inter alia, to extend for a year the mandate of the Special Rapporteur on the situation of human rights in Chile, Deploring once again the fact that the repeated appeals of the General Assembly, the Commission on Human Rights and other international organs to re-establish human rights and fundamental freedoms have been ignored by the Chilean authorities, which continue to refuse to co-operate with the Commission on Human Rights and its Special Rapporteur, Expressing its profound concern that, according to the conclusions of the Special Rapporteur, the performance of the Chilean authorities with regard to the situation of human rights has been negative in general and that they have not been responsive to the concerns of the international community, as expressed in resolutions of the General Assembly and the Commission on Human Rights, Observing that the Chilean authorities have permitted a limited number of nationals to return to the country, but noting that the measures taken to that effect have been arbitrary and restrictive,

1. Commends the Special Rapporteur on the situation of human rights in Chile for his report, prepared in accordance with Commission on Human Rights resolution 1983/38;

2. Reiterates its grave concern at the persistence of and increase in serious and systematic violations of human rights in Chile, as described in the report of the Special Rapporteur;

3. Expresses once again its concern at the disruption of the traditional democratic legal order and its institutions, through the maintenance of exceptional legislation, the institutionalization of various states of emergency and the existence of a Constitution in Chile which does not reflect a freely expressed popular will and the provisions of which not only fail to guarantee the enjoyment of human rights and fundamental freedoms but also suppress, suspend or restrict the exercise of those rights and freedoms;

4. Reiterates also its serious concern at the inefficacy of the recourses of habeas corpus or amparo and of protection in view of the fact that the judiciary in Chile does not exercise its functions fully in this respect, except with severe restrictions;

5. Once again requests the Chilean authorities to respect and promote human rights in compliance with the obligations they have assumed under various international instruments and, in particular, to end the regime of exception and especially the practice of declaring states of emergency, under which serious and continuing violations of human rights are committed, and to restore the principle of legality, democratic institutions and the effective enjoyment and exercise of civil and political rights and fundamental freedoms without any discrimination;

6. Once more urges the Chilean authorities to investigate and clarify the fate of persons who have disappeared for political reasons, to inform their families of the results of such investigation and to bring to trial and punish those responsible for their disappearance;

7. Reiterates its appeal to the Chilean authorities to put an end to intimidation and persecution, as well as arbitrary detentions and imprisonment in secret places and the practice of torture and other forms of cruel, inhuman or degrading treatment which have resulted in unexplained deaths, and to respect the right of persons to life and physical integrity;

8. Expresses its concern at the violent suppression of the ever larger and more widespread popular protests in the face of the incapacity of the authorities to restore human rights and fundamental freedoms, as reported by the Special Rapporteur, which have resulted in serious, flagrant and systematic violation of human rights, including mass detentions and numerous deaths;

9. Once again urges the Chilean authorities to respect the right of Chileans to live in and freely enter and leave their country, without restrictions or conditions, and to cease the practice of "relegation"(assignment of forced residence) and forced exile;

10. Renews its appeal to the Chilean authorities to restore the full enjoyment and exercise of trade union rights, in particular the right to organize trade unions, the right to collective bargaining and the right to strike;

11. Once more urges the Chilean authorities to protect and restore the economic, social and cultural rights of the population and, in particular, to respect the rights intended to preserve the cultural identity and improve the social status of the indigenous population;

12. Concludes, on the basis of the report of the Special Rapporteur, that it is necessary to keep under consideration the situation of human rights in Chile;

13. Calls again upon the Chilean authorities to co-operate with the Special Rapporteur and to submit their comments on his report to the Commission on Human Rights at its fortieth session;

14. Invites the Commission on Human Rights to study in depth the report of the Special Rapporteur at its fortieth session and to take the most appropriate steps for the effective restoration of human rights and fundamental freedoms in Chile, including the extension of the mandate of the Special Rapporteur for one more year, and requests the Commission to report, through the Economic and Social Council, to the General Assembly at its thirty-ninth session.