Question of human rights in Chile.

1983/38. Question of human rights in Chile[1]87

The Commission on Human Rights, Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms for all, and resolved to remain vigilant with regard to violations of human rights wherever they occur, Emphasizing the obligation of all Governments to respect and protect human rights and to fulfil the responsibilities they have accepted under various international instruments, Recalling its resolution 11 (XXXV) of 6 March 1979, in which it decided to appoint a Special Rapporteur on the situation of human rights in Chile, and its resolution 1982/25 of 10 March 1982, in which it decided to extend the mandate of the Special Rapporteur for one more year, as well as General Assembly resolutions 33/173 of 20 December 1978 on disappeared persons and 37/183 of 17 December 1982 on the situation of human rights in Chile, Expressing its grave concern that there is no improvement in the situation of human rights in Chile, as established by the Special Rapporteur in his reports, and that none of the repeated appeals made by the General Assembly and the Commission on Human Rights for the restoration of rights and fundamental freedoms have been heeded by the Chilean authorities, who persist in their refusal to co-operate with the Special Rapporteur. Noting that the Chilean authorities have announced that they will permit the return of thousands of exiles to their country, but concerned at the same time that they have imposed conditions restricting fundamental rights and that they have executed this policy in a manner which frequently results in refusal to those persons of permission to return, thus hampering the right of re-entry to their country,

1. Commends the Special Rapporteur for his report on the situation of human rights in Chile, prepared in accordance with resolution 1982/25 of the Commission on Human Rights;[2]88

2. Reiterates its grave concern at the persistence of serious and systematic violations of human rights in Chile, as established by the Special Rapporteur, and, in particular, at the disruption of the traditional democratic legal order and its institutions, through the institutionalization of the state of emergency and the existence of a constitution which does not reflect the will of the people freely expressed and whose provisions not only fail to guarantee human rights and fundamental freedoms but seriously limit their enjoyment and exercise;

3. Also reiterates its grave concern at the ineffectiveness of the remedies of habeas corpus or ampere and of protection, owing to the fact that the judiciary in Chile does not exercise its full powers in this respect and performs its functions under severe restrictions;

4. Urges the Chilean authorities to put an end to the state of emergency under which serious and constant violations of human rights are occurring, and to re-establish the principle of legality, democratic institutions and the effective enjoyment and exercise of rights and fundamental freedoms, in accordance with the commitments entered into by Chile in various international instruments;

5. Likewise appeals once again to the Chilean authorities to investigate and clarify the fate of the persons who have disappeared reportedly for political reasons, to inform their families of the results of the investigation and to prosecute and punish those responsible for such disappearances;

6. Urges again the Chilean authorities to put an end to intimidation and persecution, as well as to arbitrary arrest and detention in secret places and to the practice of torture and other cruel, inhuman or degrading treatment which, on occasion, lead to unexplained deaths;

7. Calls once again upon the Chilean authorities to respect the rights of Chileans to live in their country and to enter and leave it freely, without restriction or subjection to any condition, and to put an end to the practice of relegation (confinement with forced residence) and of forced exile, particularly of those who take part in trade union or academic activities or activities connected with the defence of human rights;

8. Appeals once again to the Chilean authorities to restore the full enjoyment and exercise of labour rights, especially the right to form trade unions, the right of collective bargaining and the right to strike;

9. Calls again on the Chilean authorities to respect the rights intended to preserve the cultural identity and to improve the social condition of the indigenous population;

10. Again requests 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;

11. Decides to extend the mandate of the Special Rapporteur for a year and requests him to report on the subsequent development of the situation of human rights in Chile to the General Assembly at its thirty-eighth session, and to the Commission on Human Rights at its fortieth session;

12. Recommends to the Economic and Social Council to make appropriate arrangements to ensure that sufficient financial resources and staff are provided to implement this resolution;

13. Decides to consider at its fortieth session, as a matter of high priority, the question of human rights in Chile.

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[1]87 Adopted at the 52nd meeting, on 8 March 1983, by a roll-call vote of 29 to 6, with 8 abstentions. See chap. III. [2]88 E/CN.4/1983/9