Situation of human rights in Chile.

1990/78. Situation of human rights in Chile

The Commission on Human Rights, Guided by the purposes and principles of the Charter of the United Nations and bearing in mind the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms and resolved to remain vigilant with regard to violations of human rights, wherever they occur, Noting the obligation of the Government of Chile to respect and protect human rights and fundamental freedoms in accordance with the international instruments to which Chile is a party, Recalling that the concern of the international community at the serious situation of human rights and fundamental freedoms in Chile has been expressed by the General Assembly and by the Commission on Human Rights in many resolutions since 1974, Regretting that, despite the improvement in the situation of human rights in Chile, the military Government has failed to act on a number of the recommendations contained in all the reports prepared on this topic and has also issued many laws consolidating an institutional legal framework harmful to respect for human rights and fundamental freedoms, Bearing in mind that, in these circumstances, as pointed out by the Special Rapporteur, Mr. Fernando Volio Jiménez, in his report (E/CN.4/1990/5, para. 28), much remains to be done if Chilean society is to enjoy a reliable system of judicial protection of fundamental freedoms and human rights, especially as a result of the heavy institutional burden which will be taken over by the Government-elect, Also bearing in mind the will expressed by the people of Chile in the recent electoral process which has led to the restoration of civilian power in the political leadership of the country and sharing its trust in the commitment made by the future Chilean authorities to restore the full enjoyment of human rights and fundamental freedoms, Aware that the continuous concern of the United Nations at the situation of human rights in Chile made for the establishment of the international conditions necessary for Chile's return to democracy,

1. Takes note with appreciation of the report by the Special Rapporteur (E/CN.4/1990/5) and thanks him for his valuable co-operation since 1985 in the international monitoring of the human rights situation of the Chilean people;

2. Also expresses its appreciation to the Ad Hoc Working Group, the Experts and the Special Rapporteurs, Mr. Abdoulaye Diéye and Mr. Rajsoomer Lallah, who contributed to the work done for 16 years by the international community to restore human rights in Chile;

3. Notes with satisfaction the improvement in the situation of human rights in Chile, as described by the Special Rapporteur in his report;

4. Deeply regrets that, despite the many recommendations by the international community to the military Government of Chile, the following are still pending:

(a) Judicial and administrative identification and punishment of the persons responsible for crimes, disappearances, torture, persecution, intimidation and other forms of cruel, inhuman and degrading treatment, as well as the situation of persons in custody on political grounds;

(b) A return to normal of the administration of justice, especially in regard to a reform of the system of military justice and a review of the decision by the military courts;

(c) A review of the rules whereby persons committing serious violations of human rights are granted impunity;

5. Takes note of the decision adopted by the Military Government Junta to disband the National Information Agency and expresses its trust that the Agency's archives will be kept at the disposal of the courts of justice and the authorities of the Government-elect;

6. Notes with satisfaction the commitment made by the Government-elect to carry out the efforts necessary to secure a full return to normal of the traditional democratic legal system which was affected, from 1973 onwards, as a result of an enforced system of institutions which made for more than 16 years of serious and systematic infringements of national and international standards on human rights;

7. Welcomes the commitment made by the Government-elect to bring Chile fully into the international human rights system established by the United Nations and thus to continue to follow up known unresolved cases and any others which emerge from inquiries conducted by the bodies in the system;

8. Decides that the present Chilean democratic process and management by the Government-elect will make for the restoration of the rule of law based on full enjoyment of human rights and fundamental freedoms, not to renew the mandate of the Special Rapporteur, as from the time the Government-elect takes office;

9. Requests the Government-elect of Chile to report, at a special meeting of the forty-seventh session of the Commission, on the follow-up to the recommendations adopted by the United Nations up to 11 March 1990 in connection with the restoration in Chile of the human rights and fundamental freedoms with which it will have been able to deal.

54th meeting
7 March 1990
[Adopted without a vote. See chap. XII.]

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