Situation of human rights in Guatemala.

1987/53. Situation of human rights in Guatemala

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, Recalling its resolutions 1983/37 of 8 March 1983, 1984/53 of 14 March 1984, 1985/36 of 13 March 1985 and 1986/62 of 13 March 1986 on the situation of human rights in Guatemala, Recalling also General Assembly resolutions 38/100 of 16 December 1983, 39/120 of 14 December 1984, 40/140 of 13 December 1985 and 41/156 of 4 December 1986, Bearing in mind that the General Assembly in its resolution 41/156 recommended that the Commission on Human Rights should continue to consider the situation of human rights and fundamental freedoms in Guatemala, Welcoming again the Guatemalan Government's efforts to promote respect for human rights and the measures it has taken to that end, Encouraging the Government of Guatemala to take further measures to provide effective machinery for the investigation of allegations of human rights violations reported, inter alia, by the Special Representative, Having considered the report of the Special Representative (E/CN.4/1987/24), Taking into account the fact that the constitutional Government of Guatemala has made efforts to guarantee the full application of the rights of the individual and of fundamental freedoms, and has made progress in that area during its first year in office, as is apparent from the report of the Special Representative, Considering that the United Nations ought to be prepared to consider providing assistance to any nation undergoing a delicate and sensitive period for the growth and consolidation of democracy, if the nation in question so requests, in order to contribute to the observance of human rights and fundamental freedoms,

1. Expresses its gratitude to Viscount Colville of Culross for his report and for the manner in which he has discharged his mandate as Special Representative;

2. Expresses its appreciation to the Government of Guatemala for its collaboration with the Commission on Human Rights, as well as the facilities and co-operation afforded to the Special Representative;

3. Notes with satisfaction that measures have been taken by the Government of Guatemala to guarantee the protection of human rights and fundamental freedoms in that country;

4. Welcomes the process of democratization and return to constitutionality, which are fundamental steps towards complete and effective enjoyment of human rights and fundamental freedoms by all sectors of the population of Guatemala, and encourages the Government of Guatemala to continue to take measures for the effective application of the Constitution and other laws aimed at safeguarding those rights and freedoms;

5. Takes into account the fact that the new Guatemalan Amparo, Habeas Corpus and Constitutionality Act establishes guarantees and means of defence of the constitutional order and of the individual human rights protected by the Constitution and provides for means of monitoring effective compliance with the provisions of the Constitution;

6. Welcomes with satisfaction the enactment of the Law on the Commission on Human Rights of the Congress of the Republic and on the Procurator for Human Rights and expresses its confidence that an appointment will be made to that position in the near future;

7. Expresses the hope that the appropriate authorities will investigate human rights violations reported to them and that they will make all possible efforts to clarity the fate of the disappeared persons;

8. Encourages the Government of Guatemala to continue to take effective measures within the framework of the Constitution to ensure that its authorities and agencies, civilian as well as military, including law enforcement officials, fully respect human rights and fundamental freedoms;

9. Takes note with satisfaction of the willingness of the Government of Guatemala to continue co-operating with the Commission on Human Rights by providing information on the implementation of the new legal order for the protection of human rights and its efforts to guarantee the full enjoyment of fundamental freedoms in Guatemala;

10. Requests the Secretary-General to provide such advisory services and other appropriate forms of assistance in the field of human rights as may be requested by the constitutional Government of Guatemala with a view to fostering advances in democracy and strengthening the institutions responsible for ensuring respect for human rights;

11. Requests the Secretary-General to appoint an expert with a view to assisting the Government of Guatemala, through direct contacts, in taking the necessary action for the further restoration of human rights, and requests the expert to report on his direct contacts with the Government of Guatemala and to formulate recommendations for the further restoration of human rights;

12. Decides to terminate the mandate of the Special Representative and, in the light of the preceding paragraph, to continue to observe the situation of human rights in Guatemala.

56th meeting
11 March 1987
[Adopted without a vote. See chap. XII.]