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

Publisher UN General Assembly
Author UN General Assembly (40th sess. : 1985-1986)
Publication Date 13 December 1985
Citation / Document Symbol A/RES/40/145
Reference 40
Cite as UN General Assembly, Situation of human rights and fundamental freedoms in Chile : resolution / adopted by the General Assembly, 13 December 1985, A/RES/40/145, available at: http://www.refworld.org/docid/3b00f0053c.html [accessed 16 December 2017]
 

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,

Noting the obligation of the Chilean authorities 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 at the situation of human rights in Chile was expressed by the General Assembly in 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, 37/183 of 17 December 1982, 38/102 of 16 December 1983 and 39/121 of 14 December 1984, as well as in its resolution 33/173 of 20 December 1978 on disappeared persons,

Recalling the resolutions of the Commission on Human Rights, in particular resolution 1985/47 of 14 March 1985 in which the Commission decided, inter alia, to extend the mandate of the Special Rapporteur for a year and to consider the question as a matter of high priority in view of the increase in serious violations of human rights in Chile,

Considering that the Special Rapporteur proposes to submit to the Commission on Human Rights at its forty-second session a final report on the situation of human rights in Chile,

Considering also the public and notorious nature of many of the deeds which constitute serious and systematic violations of human rights and fundamental freedoms 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,

Considering further, inter alia, the recent reports, resolutions and conclusions of the Human Rights Committee, the Sub-Commission on Prevention of Discrimination and Protection of Minorities and the International Labour Organisation, as well as the Chilean Human Rights Committee and the Vicaria de la Solidaridad of the Catholic Church in Chile,

Recognizing the importance of the fact that the Chilean authorities have announced their intention to permit the entry into Chile of the Special Rapporteur, in the exercise of his mandate, to investigate the situation of human rights in that country,

1. Takes note of the preliminary report of the Special Rapporteur on the situation of human rights in Chile, submitted in accordance with Commission on Human Rights resolution 1985/47;

2. Once again expresses its dismay at the suppression in Chile of the traditional democratic legal order and its institutions and their replacement by a constitution which does not reflect the freely expressed will of the people and whose provisions considerably restrict the enjoyment and exercise of human rights and fundamental freedoms through the institutionalization and consolidation of states of emergency and the extension of the jurisdiction of the military tribunals, all of which amounts to an integrated system negating civil and political rights and freedoms;

3. Expresses its indignation at the persistence of serious and systematic violations of human rights in Chile, in particular the suppression of social protests which has caused a considerable number of deaths and injuries and mass and individual arrests, at the intimidation of national human rights organizations, at the frequent reports of torture and ill-treatment, and at the treacherous crimes in which the police forces are judicially implicated;

4. Reiterates its alarm at the fact that, in general, the arbitrary or improper actions of the State police and security agencies continue to go unpunished;

5. Reiterates its concern at the ineffectiveness of the remedies of habeas corpus or of amparo and of protection, owing to the fact that the judiciary, notwithstanding some positive actions in this field, does not always exercise its powers of investigation, monitoring and supervision in this respect, and performs its functions under severe restrictions which undermine its independence;

6. Once again calls urgently on the the Chilean authorities to restore and respect human rights in accordance with the obligations they have assumed under various international instruments so as to re-establish the principle of legality, democratic institutions and the effective enjoyment and exercise of human rights and fundamental freedoms, and in particular:

(a) To put an end not only to the state of seige, as was done in June 1985, but also to the regime of exception and especially the practice of declaring "constitutional states of emergency" under which serious and continuing violations of human rights are committed;

(b) To investigate and clarify without delay the fate of persons who were arrested for political reasons and later disappeared, to assist and inform their families of the results of such investigation and to bring to trial and punish those responsible for their disappearance;

(c) To respect the right to life and the right to physical and moral integrity by putting an end to the practice of torture and other cruel, inhuman or degrading treatment or punishment and to put an immediate end to intimidation and persecution as well as to kidnappings, arbitrary or abusive detention and imprisonment in secret places;

(d) To respect the right of nationals to live in and freely enter and leave their country, without arbitrary restrictions or conditions, and to cease the practice of relegacion (assignment to forced residence) and forced exile;

(e) To restore the full enjoyment and exercise of labour rights, including the right to organize trade unions, the right to collective bargaining and the right to strike, and to put an end to the suppression of the activities of trade union leaders and their organizations and comply with the provisions of the international agreements of the International Labour Organisation to which Chile has subscribed;

(f) To respect and, where necessary, restore economic, social and cultural rights, in particular the rights intended to preserve the cultural identity and improve the economic and social status of the indigenous populations, including the right to their land;

7. Concludes, on the basis of the preliminary report of the Special Rapporteur and of other data at its disposal, that it is necessary to continue to monitor the human rights situation in Chile;

8. Expresses its conviction that an unrestricted, in situ investigation of the human rights situation in Chile requires that the Special Rapporteur, in fulfilment of his mandate, should have access to all the information and data which could be provided by those persons and bodies that are interested in the situation of human rights in Chile;

9. Requests the Chilean authorities to co-operate more fully with the Special Rapporteur and to submit their comments on his report to the Commission on Human Rights at its forty-second session;

10. Invites the Commission on Human Rights at its forty-second session to proceed to an in-depth consideration of the report of the Special Rapporteur and, taking account of all the relevant information at its disposal, to adopt the most appropriate measures for the effective restoration of human rights and fundamental freedoms in Chile, including the extension of the mandate of the Special Rapporteur, and requests the Commission to report to the General Assembly at its forty-first session, through the Economic and Social Council..

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