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A/RES/34/179 GA

Human rights in Chile : resolution / adopted by the General Assembly

34
Session
96
Yes
6
No
33
Abstentions
Draft symbol A/RES/34/179
Adopted symbol A/RES/34/179
Voeten Topics
P5 Positions
Russia United States United Kingdom China France
UN Document A/RES/34/179 ↗

Vote Recorded VoteA/34/PV.106 Dec. 17, 1979

— Abstain (33)
✗ No (6)
Absent (17)
✓ Yes (96)
Full text of resolution OCR extract — may contain errors
192 General Allembly-Tblrty-fourth Selllon and member Governments within their bilateral and multilateral development assistance programmes to con- sider providing, when requested by a recipient State and if possible, appropriate assistance for the implemen- tation of drug abuse prevention and control measures, particularly activities which promote new income sources that can substitute for illicit production of nar- cotic raw materials and which promote the reduction in demand for dangerous drugs; 8. Further requests the organs of the United Na- tions and the specialized agencies with programmes hav- ing an impact on narcotics, as a means of expediting a concerted international effort substantially to reduce illicit drug activities, to report annually to the General Assembly on their activities and proposed projects in this field; 9. Appeals to Member States, in accordance with their individual development goals, to consider within their national development programmes the inclusion of appropriate drug abuse control measures; 10. Reiterates its continued support for the initia- tives of the United Nations Fund for Drug Abuse Control in helping countries reduce the demand for, production of and traffic in illicit narcotics; 11. Expresses its disappointment at the low levels of financial support being provided to the United Nations Fund for Drug Abuse Control and appeals to Member States to make new, sustained or increased cash contri- butions to the Fund as well as further financial or in-kind contributions in support of its projects and activities; 12. Requests the Secretary-General to report an- nually to the General Assembly on the progress being made in the implementation of the present resolution and Commission on Narcotic Drugs resolution 8 (XXVIII) and to transmit the present resolution to Governments and concerned international agencies. 106th plenary meeting 17 December I 979 34/178. The right of amparo, habeas corpus or other legal remedies to the same effect The General Assembly, Bearing in mind the provisions of the Universal Dec- laration of Human Rights, 130 of the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treat- ment or Punishment181 and of the International Covenant on Civil and Political Rights, 132 Mindful, in particular, of article 9, paragraph 4, of the said Covenant, which stipulates that anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful, Recalling its resolution 32/121 of 16 December 1977, concerning the protection of the human rights of persons who are detained in respect of offences which they have committed, or are suspected of having committed, by reason of their political opinions or convictions, ,Recalling also its resolutions 33/169 of 20 December 1978, concerning persons arrested or detained for trade 1ao Resolution 217 A (III). 1s1 Resolution 3452 (XXX), annex. 1a2 Resolution 2200 A (XXI), annex. union activities, and 33/173 of 20 December 1978 on disappeared persons, Noting that the year 1979 marks the three hundredth anniversary of the act which in 1679 gave statutory force to the remedy of habeas corpus, Recalling that, from 15 to 28 August 1961, a seminar on amparo, habeas corpus and other similar remedies was organized by the United Nations at Mexico City,188 under the programme of advisory services in the field of human rights, 1 . Expresses its conviction that the application within the legal system of States of amparo, habeas corpus or other legal remedies to the same effect is of fundamental importance for: (a) Protecting persons against arbitrary arrest and unlawful detention; (b) Effecting the release of persons who are detained by reason of their political opinions or convictions, in- cluding in pursuance of trade union activities; (c) Clarifying the whereabouts and fate of missing and disappeared persons; 2. Considers that the use of those remedies may also forestall opportunities for persons exercising power over detainees to engage in torture or other cruel, inhuman or degrading treatment or punishment; 3. Calls upon all Governments to guarantee to per- sons within their jurisdiction the full enjoyment of the right of amparo, habeas corpus or other legal remedies to the same effect, as may be applicable in their legal system; 4. Decides that, in order to extend the global under- standing and larger applications of institutions such as amparo, habeas corpus or other legal remedies to the same effect, an international seminar on the matter would be timely and useful; 5. Decides further to consider this question again at its thirty-fifth session. I 06th plenary meeting 17 December 1979 34/179. Human rights in Chile The General Assembly, Noting that all Governments have an obligation to respect and promote human rights in accordance with the responsibilities they have undertaken under various international instruments, Recalling its resolutions 31/124 of 16 December 1976, 32/118 of 16 December 1977 and 33/ 175 of 20 December 1978 on the protection of human rights in Chile, Recalling also Commission on Human Rights resolu- tion 11 (XXXV) of 6 March 1979134 on reported viola- tions 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 and experts to study the question of missing and disappeared persons in Chile, Expressing its regret that the Chilean authorities re- fused to co-operate with the Special Rapporteur and the experts appointed by the Commission on Human Rights, 133 The report of the seminar was issued as document ST/TAO/HR/12. 134 See Official Records of the Economic and Social Council, 1979, Supp[ement No. 6 (E/1979/36), chap. XXIV, sect. A. VI. Resolutions adopted on tbe reportl of the Third Committee 193 Noting with concern the delay in the publication of (b) To ensure an immediate end to torture and other the report of the Special Rapporteur135 and the report of forms of inhuman or degrading treatment and to prose- the Expert on the Question of the Fate of Missing and cute and punish those responsible for such practices; Disappeared Persons in Chile,136 (c) To restore fully the freedom of expression and Noting that both reports in their conclusions clearly information and of assembly and association; indicate that generally the situation of human rights has (d) To restore fuUy trade union rights, especially as not improved, and in a number of areas has even deteri- regards the freedom to form trade unions which can orated, compared with that described in the last report operate freely without government control and exercise of the Ad Hoe Working Group on the Situation of fully the right to strike; Human Rights in Chile,1 37 (e) To allow their citizens freely to enter and leave Deeply concerned about recent reports regarding the the country, and to restore Chilean nationality to those discovery in the main cemetery of Santiago de Chile of who have been deprived of it for political reasons; hundreds of unmarked graves believed to contain the (f) To restore fully the right of amparo (habeas remains of victims of political executions, and expressing corpus); the hope that the judicial investigation initiated to de- (g) To respect the rights, in particular the economic, termine the origins of those graves will be carried out social and cultural rights, of the indigenous population; without hindrance, (h) To adopt measures to improve the enjoyment of Noting with particular concern that the Chilean economic and social rights by the population at large; authorities have failed to take urgent and effective meas- 6_ Expresses its deep concern, although noting that ures, as requested by the General Assembly in resolution no persons are reported to have disappeared in Chile 33/ 175, to investigate and clarify the fate of persons during 1978 and 1979, that the disappearance between reported to have disappeared for political reasons, September 1973 and the end of 1977 of numerous per- Drawing the attention of the Commission on Human sons, whose whereabouts are still unknown, represents Rights to the recommendations contained in the report a continuous situation of gross and flagrant violations of of the Expert on the Question of the Fate of Missing and human rights; Disappeared Persons in Chile1ss when pursuing the ques- 7. Urges the Chilean authorities to investigate and tion of disappeared persons, as requested by the General clarify the fate of persons reported to have disappeared Assembly in resolution 33/173 of 20 December 1978, and when considering resolution 5 B (XXXII) of 5 Sep- for political reasons, to inform relatives of the outcome tember 19791s0 of the Sub-Commission on Prevention and to institute criminal proceedings against those re- of Discrimination and Protection of Minorities, sponsible for such disappearances and punish those found guilty; 1. Commends the Special Rapporteur and the Ex- pert on the Question of the Fate of Missing and Disap- 8. Invites the Commission on Human Rights to con- peared Persons in Chile for their work; tinue to give close attention to the situation in Chile and, to this end: 2. Requests the Commission on Human Rights at its thirty-sixth session thoroughly to study the report of (a) To extend the mandate of the Special Rapporteur the Special Rapporteur and the report of the Expert on on the situation of human rights in Chile, in accordance the Question of the Fate of Missing and Disappeared with paragraph 6 of Commission resolution 11 (XXXV); Persons in Chile; (b) To consider further at its thirty-sixth session the most effective ways of clarifying the whereabouts and 3. Reiterates its indignation at the continued viola- fate of missing and disappeared persons in Chile, taking tion of human rights in Chile and concludes that it should into account the contents of the report of the Expert on continue to exercise vigilance with regard to the situation the Question of the Fate of Missing and Disappeared of human rights in that country; Persons in Chile; 4. Expresses its grave concern that there has been a 9. Further urges the Chilean authorities to co- deterioration in a number of areas, notably in relation to: operate with the Special Rapporteur and the Expert on (a) An increase in the arbitrary powers of security the Question of the Fate of Missing and Disappeared agencies; Persons in Chile; (b) Cases of torture, ill-treatment and unexplained 10. Requests the Commission on Human Rights to deaths; report on the subject, through the Economic and Social (c) Freedom of assembly and association; Council, to the General Assembly at its thirty-fifth (d) Trade union rights; session. (e) The presumption of innocence of accused persons; (f) The treatment of indigenous people; 5. Strongly urges the Chilean authorities to respect and promote human rights in accordance with the ob- ligations Chile has undertaken under various interna- tional instruments and, in particular: (a) To cease the state of emergency, under which continued violations of human rights occur, and to re- store the democratic institutions and constitutional safe- guards formerly enjoyed by the Chilean people; mA/34/583. 186 A/34/583/ Add.I. 187 A/33/331. 188 A/34/583/ Add.I, paras. 193-198. 180 See E/CN.4/1350, chap. XVI, sect. A. 34/180. 106th plenary meeting 17 December 1979 Convention on the Elimination of All Forms of Discrimination against Women The General Assembly, Considering that one of the purposes of the United Nations, as stated in Articles 1 and 55 of the Charter, is to promote universal respect for human rights and fun- damental freedoms without distinction of any kind, in- cluding any distinction as to sex, Recalling the proclamation by the General Assembly, in its resolution 2263 (XXII) of 7 November 1967, of
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