Assistance to Guatemala in the field of human rights.

1991/51. 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 1990/80 of 7 March 1990, Taking into account Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1990/11 of 30 August 1990, Having considered the report of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1991/20) and the reports of the Special Rapporteur on the question of torture (E/CN.4/1991/17), and of the Special Rapporteur on summary or arbitrary executions (E/CN.4/1991/36), Having considered also the report of the independent Expert, Mr. Christian Tomuschat (E/CN.4/1991/5 and Add.1), Deeply concerned that the climate of violence in the country has worsened and that serious violations of human rights are still occurring, Taking note of the fact that the new Constitutional Government of Guatemala, on entering office on 14 January 1991, made a commitment to the people of Guatemala and the international community to guarantee the full enjoyment of human rights and fundamental freedoms and offered to take immediate and urgent measures to that end, Taking note with appreciation of the progress of the talks between the various sectors of Guatemalan society and the Unidad Revolucionaría Nacional Guatemalteca within the framework of the "Procedures for the establishment of a firm and lasting peace in Central America" (Esquipulas II) and the Basic Agreement on the Search for Peace by Political Means, concluded in Oslo, which have been conducted under the auspices of the National Commission for Reconciliation in the presence of a representative of the Secretary-General and with the support of the Government of Guatemala, Disturbed by the grave situation faced since time immemorial by the indigenous populations, who have been subjected to exploitation, as well as to serious violations of their human rights and fundamental freedoms, Deeply disturbed by the act of aggression committed by the army against the indigenous population of Santiago Atitlán on 2 December 1990, Aware of the need to reinforce investigation and punishment of those responsible for violations of human rights which result in a climate of impunity, 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 to supporting the efforts of the new Government in that direction,

1. Takes note with appreciation of the report submitted by the independent Expert;

2. Expresses its gratitude 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 cooperation afforded to the independent Expert;

3. Welcomes the commitment by the new Government of Guatemala to guarantee the protection of human rights and fundamental freedoms and to exercise the necessary authority to fulfil that commitment;

4. Encourages the Government of Guatemala to continue, within the framework of the "Procedures for the establishment of a firm and lasting peace in Central America" (Esquipulas II) and the Basic Agreement on the Search for Peace by Political Means, concluded in Oslo, to support and participate in the talks between the various sectors of society and the Unidad Revolucionaría Nacional Guatemalteca, with the assistance of the Secretary-General, in order to achieve a peaceful solution to Guatemala's long history of confrontation;

5. Deeply deplores the serious violations of human rights which occurred in Guatemala in 1990, in particular the increase in extrajudicial executions, abductions, torture, enforced disappearances, attacks and threats, which have created a climate of intimidation and fear;

6. Recommends that the Guatemalan authorities should strengthen measures to ensure that human rights are respected in the country in all their aspects, and should pay special attention to the recommendations made by the independent Expert in his report;

7. 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;

8. 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;

9. Urges 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;

10. Requests the Secretary-General to continue to provide the Government of Guatemala, as he has been doing, with advisory services in the field of human rights;

11. Also Requests the Secretary-General to extend the mandate of the independent Expert so that he may continue to examine the human rights situation in Guatemala and provide assistance to the Government in the field of human rights, reporting to the Commission on the subject at its forty-eighth session;

12. Decides to consider the question at its forty-eighth session under an item of the agenda to be determined in the light of the above-mentioned report and the situation of human rights and fundamental freedoms in Guatemala.

53rd meeting
6 March 1991
[Adopted without a vote. See chap. XXI.]