Protection of human rights in Chile.

35. RESOLUTIONS ADOPTED ON THE REPORTS OF THE THIRD COMMITTEE
188. Protection of human rights in Chile

The General Assembly, Conscious of its responsibility to promote and encourage respect for human rights and fundamental freedoms for all, and determined to remain vigilant with regard to violations of human rights wherever they occur, Noting that Governments have an obligation to protect and promote human rights and to carry out responsibilities they have undertaken under various international instruments, Recalling its resolutions 31/124 of 16 December 1976, 32/118 of 16 December 1977, 33/175 of 20 December 1978 and 34/179 of 17 December 1979 on the protection of human rights in Chile, and 33/173 of 20 December 1978 on disappeared persons, Recalling also Commission on Human Rights resolution 11 (XXXV) of 6 March 1979[1] on violations of human rights in Chile, in which the Commission, inter alia, decided to appoint a Special Rapporteur on the situation of human rights in Chile, Deploring that the Chilean authorities have consistently refused to co-operate with the Special Rapporteur appointed by the Commission on Human Rights, Expressing its regret that, according to the report of the Special Rapporteur,[2] there has not been an improvement in the human rights situation in Chile, and that in certain respects it has, on the contrary, deteriorated, Considering that the lack of popular participation in the preparation of the draft constitution and the existing restrictions, under the state of emergency, on the freedoms of assembly, association, expression and information do not enable the result of the recent plebiscite to be regarded as an authentic expression of the will of the Chilean people, Noting with increasing concern that the Chilean authorities continue to ignore the repeated appeal of the international community reflected in the various resolutions of the General Assembly and other international organs and have failed to take urgent and effective measures to investigate and clarify the fate of persons who have disappeared, Expressing deep concern that the whereabouts of the numerous persons who have disappeared are still unknown and that this has caused grief and often hardship to their relatives,

1. Commends the Special Rapporteur for his report on the situation of human rights in Chile, prepared in accordance with Commission on Human Rights resolution 21 (XXXVI) of 29 February 1980;[3]

2. Requests the Commission on Human Rights at its thirty-seventh session to study thoroughly the report of the Special Rapporteur;

3. Expresses its grave concern at the deterioration of the human rights situation in Chile as reported by the Special Rapporteur, in comparison with the same period last year, in particular concerning the alteration of the traditional democratic legal system and its institutions and the repression of the human rights activities of the Catholic Church and of academic life;

4. Strongly urges the Chilean authorities to respect and promote human rights in accordance with their obligations under various international instruments and, in particular, to take concrete steps as outlined in Commission on Human Rights resolution 21 (XXXVI);

5. Concludes, on the basis of the report of the Special Rapporteur, that continued vigilance with regard to the human rights situation in Chile is warranted;

6. Expresses its deep concern about the lack of information on the numerous persons who have disappeared, which continues to be a gross and flagrant violation of human rights;

7. Urges once more the Chilean authorities to investigate and clarify the fate of persons who have disappeared for political reasons, to inform relatives of the outcome and to institute criminal proceedings against those responsible for such disappearances;

8. Urges the Chilean authorities scrupulously to respect the right and duty of the Chilean judiciary to employ fully and without restriction its constitutional power under habeas corpus and amparo;

9. Urges once more the Chilean authorities to cooperate with the Special Rapporteur and to submit their comments on the findings of his report to the Commission on Human Rights at its thirty-seventh session;

10. Invites the Commission on Human Rights to extend the mandate of the Special Rapporteur for another year and requests the Commission to report on the human rights situation in Chile, through the Economic and Social Council, to the General Assembly at its thirty-sixth session.

96th plenary meeting
15 December 1980

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[1] See Official Records of the Economic and Social Council, 1979, Supplement No. 6 (E/1979/36), chap. XXIV, sect. A. [2] See A/35/522. [3] See Official Records of the Economic and Social Council, 1980, Supplement No. 3 (E/1980/13 and Corr. 1), chap. XXVI, sect. A.