Protection of human rights in Chile.

32. RESOLUTIONS ADOPTED ON THE REPORTS OF THE THIRD COMMITTEE
118. Protection of human rights in Chile

The General Assembly, Emphasizing its commitment to foster universal respect for, and observance of, human rights and fundamental freedoms for all in accordance with the principles of the Charter of the United Nations, Recalling that, in accordance with the Universal Declaration of Human Rights[1] and the International Covenant on Civil and Political Rights,[2] everyone has the right to life, liberty and the security of person and the right not to be subjected to arbitrary arrest, detention or exile, or to torture or to cruel, inhuman or degrading treatment or punishment, Recalling the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, unanimously adopted in its resolution 3452 (XXX) of 9 December 1975, Reaffirming once more its condemnation of all forms of torture and other cruel, inhuman or degrading treatment or punishment, Considering that both the General Assembly in its resolution 31/124 of 16 December 1976 and the Commission on Human Rights in its resolution 9 (XXXIII) of 9 March 1977 expressed profound indignation that constant and flagrant violations of human rights have taken place and continue to take place in Chile, in particular the institutionalized practice of torture, cruel, inhuman and degrading treatment or punishment, the disappearance of persons for political reasons, arbitrary arrest, detention, exile and cases of deprivation of Chilean nationality, Considering that its efforts and those of the Economic and Social Council, the Commission on Human Rights, the Sub-Commission on Prevention of Discrimination and Protection of Minorities, the International Labour Organisation, the World Health Organization and the United Nations Educational, Scientific and Cultural Organization for the restoration of basic human rights and fundamental freedoms in Chile have not met with the response that their authority and unanimity of purpose demand, Bearing in mind Commission on Human Rights resolutions 8 (XXXI) of 27 February 1975, 3 (XXXII) of 19 February 1976 and 9 (XXXIII) of 9 March 1977, in which the Commission established the Ad Hoc Working Group on the Situation of Human Rights in Chile and extended its mandate, Welcoming the steps taken by the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities to implement General Assembly resolution 31/124, Noting that the Commission on Human Rights at its thirty-fourth session will be considering reports on the consequences of the various forms of aid extended to the Chilean authorities and on a voluntary fund to receive contributions and distribute, under the authority of an independent board of trustees, humanitarian and financial aid to those detained or imprisoned in Chile and their relatives, Having considered the reports of the Ad Hoc Working Group[3] and of the Secretary-General[4] under this item, as well as the observations and documents submitted by the Chilean authorities,[5] Commending the Chairman and the members of the Ad Hoc Working Group for the thorough and objective manner in which the report was prepared, in spite of the difficulties arising from the persistent refusal of the Chilean authorities to permit the Group to visit the country in accordance with its mandate, Deeply deploring the destruction of the democratic institutions and constitutional safeguards formerly enjoyed by the Chilean people, Gravely concerned by the fact that, in spite of the appeals by the General Assembly, the Secretary-General, private institutions and citizens of Chile, the Chilean authorities have consistently failed to give a satisfactory account for missing persons, Concluding that constant and flagrant violations of human rights and fundamental freedoms continue to take place in Chile, notwithstanding recent developments, mainly due to the continuous efforts of the Chilean people and the international community, which, according to the report of the Ad Hoc Working Group, indicate a decrease in the number of political prisoners and in the number of detainees under the state of siege,

1. Reiterates its profound indignation that the Chilean people continue to be subjected to constant and flagrant violations of human rights and fundamental freedoms, to lack adequate constitutional and judicial safeguards of their rights and liberties and to suffer assaults on the freedom and integrity of their persons, in particular by methods of systematic intimidation, including torture, disappearance of persons for political reasons, arbitrary arrest, detention, exile and deprivation of Chilean nationality;

2. Expresses its particular concern and indignation at the continuing disappearance of persons, which is shown by the available evidence to be attributable to political reasons, and the refusal of the Chilean authorities to accept responsibility or to account for the large number of such persons, or even to undertake an adequate investigation of cases drawn to their attention;

3. Deplores, in this connexion, the unsatisfactory way in which the Chilean authorities have sought to fulfil their undertakings to the Secretary-General, acting under the mandate of General Assembly resolution 31/124, and relating to the disappeared relatives of the Chileans who drew attention to their plight by engaging in a hunger strike at the headquarters of the Economic Commission for Latin America at Santiago;

4. Further deplores the failure of the Chilean authorities to comply with their own repeated assurances to allow the Ad Hoc Working Group on the Situation of Human Rights in Chile to visit the country in accordance with its mandate;

5. Calls once more upon the Chilean authorities to restore and safeguard, without delay, basic human rights and fundamental freedoms and fully to respect the provisions of the relevant international instruments to which Chile is a party and, to this end, to implement paragraph 2 of General Assembly resolution 31/124;

6. Demands that the Chilean authorities put an immediate end to practices of inadmissible secret arrests and subsequent disappearance of persons whose detention is systematically denied or never acknowledged, and clarify forthwith the status of such persons;

7. Reiterates its invitation to Member States, United Nations agencies and other international organizations to inform the Secretary-General of steps taken to implement paragraph 4 of General Assembly resolution 31/124 in order to allow him to submit further reports to the Commission on Human Rights at its thirty-fourth session and the Assembly at its thirty-third session;

8. Invites the Commission on Human Rights:

(a) To extend the mandate of the Ad Hoc Working Group, as presently constituted, so as to enable it to report to the General Assembly at its thirty-third session and to the Commission at its thirty-fifth session, with such additional information as may be necessary;

(b) To submit to the General Assembly at its thirty-third session, through the Economic and Social Council, specific recommendations on possible humanitarian, legal and financial aid to those arbitrarily arrested or imprisoned, to those forced to leave the country and to their relatives;

(c) To submit to the General Assembly at its thirty-third session, through the Economic and Social Council, a progress report on action taken in compliance with paragraph 5 (c) of Assembly resolution 31/124;

9. Requests the President of the thirty-second session of the General Assembly and the Secretary-General to assist in any way they may consider appropriate in the re-establishment of basic human rights and fundamental freedoms in Chile.

105th plenary meeting
16 December 1977

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[1] Resolution 217 A (III). [2] Resolution 2200 A (XXI), annex. [3] A/32/227. [4]A/32/234, A/C.3/32/7. [5] A/C.3/32/6 and Corr.1.