Assistance to Guatemala in the field of human rights.

1992/78.
Assistance to Guatemala in the field of human rights

The Commission on Human Rights, Guide 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, even under exceptional national circumstances, Recalling resolution 1991/51 of 6 March 1991, Taking into account Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1991/5 of 23 August 1991, Having considered the report of the Special Rapporteur on the question of torture (E/CN.4/1992/17), the report of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1992/18) and the report of the Special Rapporteur oil summary or arbitrary executions (E/CN.4/1992/30), Having considered also the report of the Independent Expert, Mr. Christian Tomuschat (E/CN.4/IL992/5) and studied its conclusions and recommendations, Deeply concerned that serious violations of human rights persist, despite the efforts of the Government of Guatemala, Taking note of the legal and institutional reforms introduced by the Government of Guatemala, with a view to combating impunity and guaranteeing the full enjoyment of human rights and fundamental freedoms, Concerned by the fact that violations of human rights are being attributed to the voluntary civil self-defence committees, Concerned also at the situation of the displaced population in the areas affected by the internal armed conflict and, in general, at the grave situation faced by the indigenous population, who continue to lack basic services, in violation of their human rights and fundamental freedoms, Taking into account the fact that, during 1991, the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca initiated a process of negotiation, with the mediation of the National Conciliator, Monsignor Rodolfo Quezada Toruño, and the participation of the Observer appointed by the Secretary-General of the United Nations, in order to seek a political solution to the internal armed conflict and recognizing that due respect for human rights and the rights of the indigenous populations represent major items on the negotiating agenda, Recognizing the great importance for Guatemala and its human rights situation of the Mexico Agreement of April 1991 and the Querétaro Agreement of July 1991, signed by the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca, Aware of the need for still further progress in the investigation, and punishment of those responsible for violations of human rights, in order to avoid a climate of impunity, Concerned at the information provided by the Independent Expert regarding the participation of members of the armed forces in various acts involving violations of human rights, Encouraged by the Government's demonstration of political will in appointing persons committed to the observance of human rights as officials responsible for human rights policy and the security forces, and by the penalties imposed on those responsible for human rights violations, Taking note of the Agreement concluded between the Government of Guatemala and the United Nations High Commissioner for Refugees for the voluntary repatriation and care of refugees in Mexico, which contains guarantees of security, access to land, housing and food in order to facilitate their reintegration in the country, Taking into account the fact that the Government, through the Ministry for Development and the National Fund for Peace, has established programmes for development in areas affected by the internal conflict, with a view to alleviating the plight of persons displaced or adversely affected by the conflict and providing land, implements for its cultivation, housing, food and financial assistance, 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 efforts of the Government of Guatemala to that end,

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. Recognizes the clear commitment of the Government of Guatemala to guarantee the full enjoyment of human rights and fundamental freedoms through the introduction of legal and institutional reforms, as well as its demonstration of political will to select suitable officials for the institutions responsible for the promotion and protection of human rights and for the security forces;

4. Welcomes the progress made in the talks and negotiations being conducted between the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca under the Mexico Agreement, with the mediation of the National Conciliator and with the Representative of the Secretary-General as observer, and is confident that they will lead to important agreements between the two parties;

5. Encourages the Government of Guatemala and the Unidad Revolucionaria Nacional Guatemalteca to continue the negotiations in accordance with the programme and procedures established in the Mexico Agreement and in the Querétaro Agreement and to ensure the full enjoyment of human rights by concluding a specific agreement on that question as early as possible;

6. Expresses its profound concern that serious violations of human rights continue to occur despite the efforts of the Government;

7. Exhorts the Government of Guatemala to expedite and further develop legal and institutional reforms to put an end to the violence and impunity, and to intensify its efforts to ensure that all its authorities and security forces fully respect human rights and fundamental freedoms;

8. Invites the Government of Guatemala to give priority to economic and social development programmes and to strengthen policies and programmes concerning the indigenous population, taking into account their proposals and aspirations;

9. Urges the Government of Guatemala to intensify investigations aimed at identifying and bringing to justice those responsible for violations of human rights, to facilitate the activities of organizations, both official and non-governmental, concerned with the promotion and protection of human rights, and to ensure that the judicial system can operate with due protection being afforded to judges, investigators, witnesses and the relatives of victims;

10. 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;

11. Again exhorts the Guatemalan authorities to strengthen measures to ensure that human rights are respected in the country in all their aspects and to pay special attention to the recommendations made by the Independent Expert in his report, principally the abolition of the system for the protection of the citizenry and of the voluntary civil self-defence committees, within the context of the negotiations between the Government and the Unidad Fevolucionaria Nacional Guatemalteca;

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

13. 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 and submit to the Commission at its forty-ninth session a report assessing the measures taken by the Government in accordance with the recommendations made to it;

14. Decides to consider the question at its forty-ninth session under the agenda item entitled "Advisory services in the field of human rights" or the agenda item entitled "Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories", in the light of the report mentioned in paragraph 13 of the present resolution and the situation of human rights and fundamental freedoms in Guatemala.

56th meeting
5 March 1992
[Adopted without a vote. See chap. XIX.]