Question of human rights in Chile.

1982/25. Question of human rights in Chile[1]92

The Commission on Human Rights, Conscious 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, Recalling its resolutions 11 (XXXV) of 6 March 1979, 21 (XXXVI) of 29 February 1980 and 9 (XXXVII) of 26 February 1981, General Assembly resolution 36/157 of 16 December 1981 and General Assembly resolution 33/173 of 20 December 1978 on disappeared persons, which resolutions bear witness to the concern of the United Nations at the human rights situation in Chile, Realizing that the developments over the past year still warrant the attention of the General Assembly and the Commission on Human Rights, Disturbed at the conclusion of the Special Rapporteur that it is not possible to report any improvement in the human rights situation in Chile but that on the contrary the situation has deteriorated in certain respects and that none of the appeals by the General Assembly and the Commission on Human Rights have been heeded, Convinced that the new constitution in force in Chile as from 11 March 1981, which was prepared with a lack of popular participation, not only fails to guarantee, but in certain respects allows interferences with, human rights and fundamental freedoms, Having taken note of the reports by the Special Rapporteur on the situation of human rights in Chile,[2]93

1. Commends the Special Rapporteur on his reports prepared in accordance with Commission on Human Rights resolution 9 (XXXVII) of 26 February 1981;

2. Reiterates its serious concern at the persistence and, in certain respects, the deterioration of the situation of human rights in Chile, as indicated by the Special Rapporteur, and particularly:

(a) The disruption of the traditional democratic legal order and its institutions by maintenance and expansion of the emergency legislation and the promulgation of a constitution that fails to reflect a freely expressed popular will, and whose provisions waive, suspend or restrict the enjoyment or the exercise of human rights and fundamental freedoms;

(b) The intensification of practices such as arbitrary detention and confinement in secret places, often accompanied by torture and inhuman or degrading treatment which) on occasion, result in unexplained deaths;

(c) The persecution, intimidation and imprisonment, as well as the banishment and forced exile of a number of persons who participate in trade union, academic, cultural and humanitarian activities;

3. Reiterates also its great concern at the fact that the remedies of habeas corpus or amparo, prove to be not effective owing to the fact that the judiciary in Chile does not fully exercise its powers in this respect and performs its functions with utmost restrictions, as well as at the recent dismissal of legal proceedings against members of the uniformed services accused of the death and disappearance of persons;

4. Repeats its urgent appeal to the Chilean authorities to respect and promote human rights in accordance with their obligations under various international instruments and, in particular, to take the following concrete steps that could enable the Commission on Human Rights to consider terminating the mandate of the Special Rapporteur:

(a) To put an end to the state of emergency, under which continued human rights violations occur, and to restore the democratic institutions and constitutional guarantees formerly enjoyed by the Chilean people;

(b) To put an end to arbitrary detentions, physical or psychological intimidations and prosecution of persons who exercise their right to freedom of expression and opinion, including the right to petition;

(c) To respect the human rights of persons detained for political reasons and to separate them from those detained for criminal offences;

(d) To take effective measures to guarantee the right to life and to prevent persecution and intimidation as well as torture and other forms of cruel, inhuman or degrading treatment resulting, inter area, in unexplained deaths and to prosecute and punish those responsible for such practices;

(e) To investigate and clarify the fate of persons who have disappeared for political reasons, to inform the relatives of those persons of the outcome of the investigation and to prosecute and punish those responsible for such disappearances;

(f) To restore fully trade union rights, especially the freedom to form trade unions which can operate freely without governmental control and can exercise fully the right to strike;

(g) To re-establish the full enjoyment and exercise of civil and political rights and freedoms and to guarantee the freedom of assembly and association, and the freedom of Chilean citizens to reside in and freely to enter and leave the country, and to end the practice of banishments applied to nationals, a practice which amounts to forced exile from the country;

5. Rejects the attitude of the Chilean authorities in not co-operating with the Special Rapporteur and not complying with Chile's obligations under various international human rights instruments;

6. Decides to extend the mandate of the Special Rapporteur for one year and requests him to report on further developments in the situation of human rights in Chile to the General Assembly at its thirty-seventh session and the Commission on Human Rights at its thirty-ninth session;

7. Recommends to the Economic and Social Council that it make arrangements for the provision of adequate financial resources and staff for the implementation of the present resolution;

8. Decides to consider at its thirty-ninth session, as a matter of high priority, the question of the human rights situation in Chile.



[1]92 Adopted at the 56th meeting on 10 March 1982, by a roll-call vote of 28 to 6, with 8 abstentions. See chap. III. [2]93 A/36/594 and E/CN.4/1484.
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