Assistance to Guatemala in the field of human rights.
- Author: UN Commission on Human Rights (46th sess. : 1990 : Geneva)
- Document source:
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Date:
7 March 1990
1990/80. 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, Recalling its resolution 1989/74 of 8 March 1989, Taking into account Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1989/6 of 31 August 1989, Having considered the report of the Expert, Mr. Héctor Gros Espiell (E/CN.4/1990/45 and Add.1), Having also considered the report of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1990/13) and the reports of the Special Rapporteur on summary or arbitrary executions (E/CN.4/1990/22 and Corr.1 and Add.1) and of the Special Rapporteur on torture (E/CN.4/1990/17), Taking into account the fact that the constitutional Government of Guatemala has made efforts to guarantee the full application of human rights and fundamental freedoms and promote the process of democratic consolidation, and is to hold general elections in October 1990, Taking note of the fact that the Procurator for Human Rights, with the support of the Government of Guatemala, has decided to expand and strengthen his functions by, inter alia, establishing an investigation department and departmental offices throughout Guatemala and expanding his procuratorial functions before the courts, Seriously concerned, however, that the Government has not been able to control the persistent climate of violence in Guatemala, which has worsened and in which serious violations of human rights are still occurring, Deeply disturbed also by the activities of the so-called death squads which are deemed responsible for disappearances and murders, Deeply concerned also by the serious shortcomings as regards respect to: economic, social and cultural rights, Disturbed by the serious situation faced since time immemorial by the indigenous populations, who have been subjected to discrimination and exploitation, as well as to serious violations of their human rights and fundamental freedoms, Taking note of the fact that the advisory services have helped to create an awareness of the importance of promoting and protecting human rights and fundamental freedoms, Considering that it is necessary to continue to observe the situation through advisory services in the field of human rights, with a view to promoting full respect for human rights and fundamental freedoms and supporting the Government's efforts in that direction,1. Expresses its gratitude to the Expert for the work done during his term of office and thanks him for his report and the recommendations contained therein (E/CN.4/1990/45, sect. VII);
2. Expresses its appreciation also to the Government of Guatemala for its collaboration with the Commission on Human Rights in carrying out its advisory activities, as well as for the facilities and co-operation afforded to the Expert;
3. Recognizes that, while the Government of Guatemala has upheld its commitment to guaranteeing the protection of fundamental rights and freedoms, it has been unable to implement the decision with sufficient authority, so that the social violence and violations of human rights have continued;
4. Supports, therefore, the recommendation by the Expert that the programme of assistance and advisory services in the field of human rights should be continued and strengthened;
5. Urgently appeals to the Government of Guatemala to continue to accord priority to its undertaking under the Esquipulas II agreement and to promote and participate more actively in the national reconciliation dialogue as one of the ways of consolidating the democratic process;
6. Deeply deplores the increase in murders, kidnappings and attacks on and threats against persons involved in political activities as jeopardizing the democratization process;
7. Expresses its profound concern at the resurgence of the criminal activities of the so-called death squads, as indicated in the report of the Special Rapporteur on torture (E/CN.4/1990/17, paras. 177 and 178);
8. Deplores, in particular, the recent murders of a member of the National Revolutionary Movement Party of El Salvador, Secretary for Latin America of the Socialist International, and of a Guatemalan lawyer, on 12 January 1990 in Guatemala, and requests the Government of Guatemala to continue and strengthen the investigation already under way, with a view to identifying and punishing the culprits;
9. Requests the Government of Guatemala to intensify its efforts to ensure that all its authorities and security forces fully respect the human rights and fundamental freedoms of the Guatemalan people;
10. Urges the Government of Guatemala to initiate or intensify, as the case may be, investigations aimed at identifying and bringing to justice those responsible for acts of torture, disappearances, murders and extra-legal executions;
11. Further urges the Government of Guatemala to promote any measures necessary to identify and punish members of death squads;
12. Encourages the Government of Guatemala to strengthen policies and programmes relating to the situation of the indigenous populations, taking into account their proposals and aspirations, to enable them to enjoy fully their fundamental rights and freedoms;
13. Requests the Secretary-General to continue to provide the Government of Guatemala with such advisory services and other forms of assistance in the field of human rights as may be necessary to foster and strengthen the consolidation of the democratic process, and promote a human rights culture;
14. Requests the Secretary-General to appoint an independent expert as his representative to examine the human rights situation in Guatemala and continue assistance to the Government in the field of human rights who, within the framework of his mandate, shall prepare a report with appropriate recommendations for submission to the Commission at its forty-seventh session;
15. Decides to consider the question at its forty-seventh session under an item of the agenda to be determined in the light of the above-mentioned report and of the situation of human rights and fundamental freedoms in Guatemala.
54th meeting7 March 1990
[Adopted without a vote. See chap. XXII.]
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