Assistance to Guatemala in the field of human rights.
| Publisher | UN Commission on Human Rights |
| Author | UN Commission on Human Rights (49th sess. : 1993 : Geneva) |
| Publication Date | 10 March 1993 |
| Citation / Document Symbol | E/CN.4/RES/1993/88 |
| Reference | 49 |
| Cite as | UN Commission on Human Rights, Assistance to Guatemala in the field of human rights., 10 March 1993, E/CN.4/RES/1993/88, available at: https://www.refworld.org/docid/3b00f24c14.html [accessed 17 September 2023] |
1993/88. Assistance to Guatemala in the field of human rights
The Commission on Human Rights, Guided by the principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights, Reiterating that the Governments of all Member States have an obligation to promote and protect human rights and fundamental freedoms, even under exceptional circumstances, Recalling its resolution 1992/78 of 5 March 1992, Taking into account Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1992/18 of 27 August 1992, Having considered the reports of the Special Rapporteur on the question of torture (E/CN.4/1993/26), the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1993/25 and Add.1) and the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/1993/46), Having considered also the report of the independent expert, Mr. Christian Tomuschat (E/CN.4/1993/10 and Corr.1), and studied the conclusions and recommendations contained therein, Deeply concerned by the fact that, according to the independent expert, human rights violations are still occurring in Guatemala, particularly crimes against the lives and physical integrity of individuals, Taking into account the fact that the continuation of the internal armed conflict is a factor affecting the human rights situation in Guatemala, Taking note of the recent legal and institutional reforms introduced by the Government with a view to combating impunity and guaranteeing the full enjoyment of human rights and fundamental freedoms for everyone in Guatemala, Concerned by the fact that, according to the information provided by the independent expert, there continue to be human rights violations attributed to members of the armed forces and to the so-called voluntary civil self-defence committees, particularly in rural areas, Concerned also by the fact that situations of impunity continue to exist and that in cases of human rights violations there has been no progress in the investigations and/or judicial proceedings, Concerned further at the situation of the displaced population in the areas affected by the internal armed conflict, Taking note of the award of the 1992 Nobel Peace Prize to Ms. Rigoberta Menchú, Regretting the serious human rights violations still being committed against the indigenous populations in Guatemala, Considering that the economic and social situation continues to have serious consequences for the most vulnerable sectors of Guatemalan society, particularly the indigenous populations, women and children, Taking note with satisfaction of the process of repatriation of refugees that was initiated at the beginning of this year, and recognizing the efforts of the Ad Hoc Committee for Aid to Returnees and the National Fund for Peace, Expressing the hope that the will shown by the Government and by the Unidad Revolucionaria Nacional Guatemalteca will lead to a prompt settlement of the internal armed conflict, through the conclusion of the negotiations in the near future and the signing of the human rights agreement, with immediate international verification, which alone can lead to respect for the human rights of the whole of the Guatemalan people, Taking note of the Government's initiative in accelerating the process of negotiation and of the proposal by the Unidad Revolucionaria Nacional Guatemalteca, Considering that it is necessary for the international community to continue to keep the human rights situation in Guatemala under review and to provide advisory services in the field of human rights, with a view to promoting full respect for human rights and fundamental freedoms and supporting the efforts of the Government of Guatemala to that end,1. Takes note with appreciation of the report submitted by the independent expert;
2. Expresses its gratitude to the Government of Guatemala for the facilities and cooperation afforded to the independent expert;
3. Recognizes the efforts made by the President, Mr. Jorge Serrano Elías, to improve the human rights situation;
4. Regrets the fact that, despite the undertaking by the Government of Guatemala to guarantee full enjoyment of human rights and fundamental freedoms, serious violations continue to occur, particularly crimes against the lives and physical integrity of individuals;
5. Urges both parties to respect the rules of international humanitarian law in the internal armed conflict and to refrain from any activities that may endanger the rights of the great majority of Guatemalans, who are not involved in this conflict;
6. Urges the Government of Guatemala to intensify investigations aimed at identifying and bringing to justice all those responsible for violations of human rights, to facilitate the activities of organizations, both official and non-governmental, concerned with the promotion and protection of human rights, and to ensure that the judicial system can operate with due protection being afforded to judges, investigators, witnesses and the relatives of victims;
7. Again exhorts the Government of Guatemala to continue to apply the independent expert's recommendations, including the abolition of the system of civil self-defence committees and other paramilitary groups, in the light, inter alia, of the development of the peace negotiations;
8. Appeals to the Government of Guatemala to intensify its efforts to ensure that all its authorities and the armed and security forces fully respect the human rights and fundamental freedoms of the Guatemalan people;
9. Again exhorts the Government of Guatemala to expedite and further develop legal and institutional reforms to put an end to the violence and impunity, paying particular attention to the situation of the indigenous population and the special situation of street children;
10. Recognizes the positive work done in defence of human rights by the Human Rights Procurator and encourages the Government to give him support and to guarantee the conditions for the strengthening of his activities;
11. Welcomes the establishment of the Presidential Coordinating Commission on Executive Policy in the Field of Human Rights and the independent expert's recommendation that that Commission should be the focal point for the coordination of the Government's efforts to comply with its international obligations in the field of human rights;
12. Expresses its satisfaction at the initiation of the process of repatriation of refugees and appeals to the competent authorities to guarantee that this process continues with full consideration for the well-being and dignity of all persons concerned;
13. Invites the Government of Guatemala to give priority also to economic and social development programmes and to strengthen policies and programmes concerning the indigenous population of Guatemala, taking into account their proposals and aspirations, together with the independent expert's recommendations on the subject;
14. Welcomes the talks between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca, which were resumed on 23 February 1993 with the mediation of the Conciliator and the Representative of the Secretary-General;
15. Expresses the hope that these talks will lead to a reactivation of the comprehensive process of peace negotiations;
16. Urges both parties, as part of this process, to conclude and apply without delay the human rights agreement, with the corresponding machinery for international verification;
17. Requests the Secretary-General to continue to provide the Government of Guatemala and non-governmental organizations with advisory services in the field of human rights;
18. Also requests the Secretary-General to extend the mandate of the independent expert so that he may continue to examine the situation of human rights in Guatemala and provide assistance to the Government in the field of human rights and submit to the Commission at its fiftieth session a report assessing the measures taken by the Government in accordance with the recommendations made to it;
19. Decides to consider the question at its fiftieth session under the agenda item "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories" or the item "Advisory services in the field of human rights", in the light of the adoption and application of specific and significant measures by the Government, the effectiveness of which will be assessed in the report of the independent expert on the situation of human rights in Guatemala.
67th meeting10 March 1993
[Adopted without a vote. See chap. XXI.]