Situation of human rights in Guatemala.

1985/36. Situation of human rights in Guatemala[1]105

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, Recalling its resolutions 1983/37 of 8 March 1983 and 1984/53 of 14 March 1984, in which it expressed its concern about the massive violations of human rights in Guatemala, Recalling also General Assembly resolutions 38/100 of 16 December 1983 and 39/120 of 14 December 1984, in which the Assembly reiterated its deep concern at the continuing grave and widespread violations of human rights in Guatemala, Mindful of resolution 1984/23 of 29 August 1984 of the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, in which the Sub-Commission recognized that in Guatemala there existed an armed conflict of a non-international character, which stemmed from economic, social and political factors of a structural nature, Welcoming the elections to the Constituent Assembly held in July 1984, which marked the first step of the process for the return of democracy and the institution of a new constitutional government, now scheduled for January 1986, and welcoming the invitation of the Government of Guatemala to political exiles to return to their country and take part in the electoral process with guarantees of full and open participation, Affirming the importance of creating conditions in which the electoral process can be pursued in a climate free from intimidation and terror, Appreciating the co-operation of the Government of Guatemala with the Special Rapporteur in the fulfillment of his mandate and noting with satisfaction that a list of cases dealt with by the special tribunals has been given to the Special Rapporteur, Also appreciating the invitation by the Government of Guatemala to certain international human rights groups to visit Guatemala and assess the situation of human rights there, Having carefully examined the report of the Special Rapporteur[2]106 and other reliable information and reports, which reveal that, although improvements have been noted in some areas, serious and systematic violations of human rights continue to occur in Guatemala, Alarmed at the continuation of politically motivated violence, particularly killings and kidnappings, and at the fact that many persons continue to disappear,

1. Takes note of the final report of the Special Rapporteur and welcomes the recommendations contained therein;

2. Expresses once more its deep concern at the continuing serious and systematic violation of human rights in Guatemala, particularly the acts of violence against non-combatants, the disappearances, killings, acts of torture and the extrajudicial executions;

3. Further expresses its profound concern at restrictive measures which limit the freedoms of rural and indigenous populations, notably their displacement and relocation in development centres and forced participation in civilian patrols, organized and controlled by the armed forces;

4. Urges the Government of Guatemala to take effective measures to ensure that all its authorities and agencies, including its security forces, fully respect human rights and fundamental freedoms, and also urges all other parties concerned fully to respect human rights and fundamental freedoms;

5. Reiterates its appeal to all parties concerned in Guatemala to ensure the application of the relevant norms of international humanitarian law applicable in armed conflicts of a non-international character;

6. Urges once again the Government of Guatemala to establish the necessary conditions to ensure the independence of the judiciary and to enable it to uphold the rule of law, including the right of habeas corpus, and to prosecute and punish speedily and effectively those, including members of the military and security forces, found responsible for violations of human rights;

7. Reiterates its appeal to the Government of Guatemala to allow an independent and impartial body to function in the country to monitor and investigate alleged human rights violations;

8. Appeals once again to the Government of Guatemala to allow international humanitarian organizations to render their assistance in investigating the fate of persons who have disappeared with a view to informing their relatives of their whereabouts, to visit detainees or prisoners and to bring assistance to the civilian population in areas of conflict;

9. Welcomes the dialogue between the Government of Guatemala and the Mutual Support group of the families of the disappeared, and the subsequent establishment of a commission to investigate and clarify the fate of persons who have been subjected to involuntary or forced disappearance and are still unaccounted for;

10. Urges the commission referred to in paragraph 9 above to act with vigour and expediency in its investigation of disappearances and calls upon all parties, particularly the police and army, to co-operate fully with that commission;

11. Requests the Government of Guatemala to publish the list of cases which fell within the jurisdiction of the special tribunals and to indicate the outcome of each case;

12. Requests all States to refrain from intervening in any way in the internal situation of Guatemala which could prolong or worsen the conflict and the situation of human rights violations in that country;

13. Appeals to the Government of Guatemala to adhere to its new time-table for the return to democracy and to ensure conditions which would allow the full participation of all in the political process, and also appeals to all parties in the conflict to create a climate free from intimidation and terror;

14. Decides to extend the mandate of the Special Rapporteur for another year to enable him to continue his thorough study of the human rights situation in Guatemala and requests him to submit an interim report to the General Assembly at its fortieth session and a final report to the Commission at its forty-second session;

15. Further requests the Special Rapporteur, in preparing his report, to continue to take into account information from all reliable sources, to assess in particular allegations of politically motivated killings, disappearances, acts of torture, extrajudicial executions and confinement in clandestine prisons, to draw conclusions from his findings and to make further recommendations designed to help bring about improvements in the situation of human rights in Guatemala;

16. Invites the Government of Guatemala and other parties concerned to extend their full co-operation to the Special Rapporteur of the Commission;

17. Requests the Secretary-General to give all necessary assistance to the Special Rapporteur;

18. Decides to continue its consideration of human rights and fundamental freedoms in Guatemala at its forty-second session.



[1]105 Adopted at the 55th meeting, on 13 March 1985, by a roll-call vote of 32 to none, with 10 abstentions. See Chap. XII. [2]106 E/CN.4/1985/19.
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