A/RES/3448(XXX) GA

Resolutions adoptecl on the reporte of the Thinl Committee 89 close as possible to those of the normal life of a person of his or her age. 1 O. Disabled persons shall be protected against ali exploitation, all regulations and ali treatment of a discriminatory, abusive or degrading nature. 11. Disabled persons shall be able to avail them- selves of qualified legal aid when such aid proves in- dispensable for the protection of their persons and property. If judicial proceedings are instituted against them, the legal procedure applied shall take their physical and mental condition fully into account. 12. Organizations of disabled persons may be use- fully consulted in ali matters regarding the rights of disabled persons. · 13. Disabled persons, their families and communi- ties shall be fully informed, by all appropriate means, of the rights contained in this Declaration. 2433rd plenary meeting 9 December 1975 3448 (XXX). Protection of human rights in Chile18 The General Assembly, Conscious of its responsibility under the Charter of the United Nations to promote and encourage re- spect for human rights and fundamental fteedoms for all, Recalling that, in accordance with the Universal Declaration of Human Rights, 19 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 that, in its resolution 3219 (XXIX) of 6 November 1974, the General Assembly expressed its deepest concem about reported constant and lagrant violations of basic human rights and fundamental free- doms in Chile and urged the authorities in that country to tak:e ali necessary steps to restore and saf eguard those rights and freedoms, Noting that the General Conference of the United Nations Educational, Scientific and Cultural Organiza- tion at its eighteenth session, the General Conf erence of the Intemational Labour Organisation at its sixtieth session, the World Conference of the Intemational Women's Year and the Sub-Commission on Prevention of Discri.min:ation and Protection of Minorities at its iwenty-eighth session called for the cessation of viola- tions of human rights and fundamental freedoms in Chile, Noting that, in its resolution 8 (XXXI) of 27 Feb- ruary 1975,20 the Commission on Human Rights, after expressing its serious concem about the continuing re- ports of violations of human rights in Chile, decided to establish an ad hoc working group to inquire into the present situation of human rights in that country on the basis of ali available evidence, including a visit to Chile, and appealed to the authorities of Chile to ex- tend their full co-operation to the group, H aving considered the report of the Secretary-Gen- eral under General Assembly resolution 3219 1s See also p. 99, itero 12. 111 Resolution 217 A (ill). 20 See Olficial Records of the Economic and Social Council, Fifty-elghth Sesslon, Supplement No. 4 (B/S63S), cbap. XXDI. (XXIX) 21 and, in particular, the progress report sub- mitted by the Ad Hoc Working Group on the Situa- tion of Human Rights in Chile,22 Convinced that the progress report contains evidence from which to conclude that constant fl.agrant violations of basic human rights and fundamental freedoms have taken place and continue to take place in Chile, Expressing its appreciation to the Chairman and the members of the Ad Hoc Working Group for their re- port, which has been prepared in a commendable man- ner notwithstanding the refusal of the Chilean authori- ties to permit the Group to visit the country, Reaffirming its condemnation of all forms of torture and of cruel, inhuman or degrading treatment or pun- ishment, 1. Expresses its prof ound distress at the constant flagrant violations of human rights, including the in- stitutionalized practice of torture, cruel, inhuman or degrading treatment or punishment, arbitrary arrest, detention and exile-to which the progress report of the Ad Hoc Working Group on the Situation of Human Rights in Chile, established under resolution 8 (XXXI) of the Commission on Human Rights, brings additional evidence-which have taken place and, according to existing evidence, continue to take place in Chile; 2. Calls upon the Chilean authorities to take, with- out delay, all necessary measures to restore and saf~ guard basic human rights and fundamental fi:eedoms and fully to respect the provisions of the intemational instruments to which Chile is a party and, to this end, to ensure that: (a) The state of siege or emergency is not used for the purpose of violating human rights and fundamental freedoms, contrary to article 4 of the Intemational Covenant on Civil and Political Rights;28 (b) Adequate measures are talren to end the insti- tutionalized practice of torture and other forms of cruel, inhuman or degrading treatment or punishment in full respect of article 7 of the Intemational Covenant on Civil and Political Rights; (e) The rights of all persons to liberty and security of person, in particular the rights of those who have been detainecl without charge or are in prison solely for political reasons, as provided for in article 9 of the Intemational Covenant on Civil and Political Rights, are fully guaranteed and steps are taken to clarify the status of those individuals who are not accounted for; (d) No one shall be held guilty of any criminal of- fence on account of any aot or omission which did not constitute a criminal offence, under Játional or inter- national law, at the time when it was committed, con- trary to article 15 of the Intemational Covenant on Civil and Political Rights; (e) No one, in accorda.p.ce with article 15, para- graph 2, of the Universal Declaration of Human Rights, shall be arbitrarily deprived of Chilean nationality; (f) The right to freedom of association, including the right to form and join trade uníons, shall be respected, in accordance with article 22 of the Intemational Cove- nant on Civil and Political Rights; 21 A/10295. 22 A/1028S, annex. 23 Resolution 2:200 A (XXI), annex. 90 General Aleemhl;r-'lldrtieth SeHion (g) The right to intellectual freedoms, as provided for in article 19 of the Intemational Covenant on Civil and Political Rights, shall be guaranteed; 3. Deplores the refusal of the Chilean authorities to allow the Ad Hoc Working Group to visit the country, notwithstanding previous solemn assurances given by the authorities in this regard, and urges them to honour these assurances; 4. Invites the Commission on Human Rights to ex- tend the mandate of ,the Ad Hoc Working Group, as presently constituted, to enable it to report to the Gen- eral Assembly at its thirty-füst session and to the Com- mission on Human Rights at its thirty-third session on the situation of human rights in Chile and, in particu- lar, on any developments which occur to re-establish respect for human rights and fundamental freedoms; 5. Requests the President of the thirtieth session of the General Assembly and the Secretary-General to assist in any way they may deem appropriate in the re-establishment of basic human rights and fundamental freedoms in Chile. 2433rd plenary meeting 9 December 1975 3449 (XXX). Measures to ensure the human righ18 and dignity of ali migrant worken The General Assembly, Considering the Convention on Diplomatic Rela- tions24 and ,the Convention on Consular Relations,211 Considering also its resolution 2920 (XXVII) of 15 November 1972 on the exploitation of labour through illicit and clandestine trafficking, Recalling its resolution 3224 (XXIX) of 6 Novem- ber 197 4 on measures to improve the situation of mi- grant workers, Recalling also Economic and Social Council resolu- tion 1749 (LIV) of 16 May 1973, in which the Coun- cil affirmed the need for the United Nations to con- tinue examining the situation of migrant workers, taking into account economic, political, social and cultural factors with respect to human rights and dignity, Noting with satisfaction the awareness of the inter- national community of this problem and the necessity to protect the human rights of migrant workers, Noting with satisfaction the work being undertaken by the specialized agencies in the field of migrant workers, Taking into consideration the urgent need carefully to examine the problem of migrant workers who sur- reptitiously enter another country to obtain work, l. Calls upon the United Nations organs active in the ,fi.eld of human rights to continue devoting their attention to this question; 2. Requests the United Nations organs and the spe- cialized agencies concemed to ut~ in all official documents the term "non-documented or irregular -migrant workers" to define those wotkers that illegally and/ or surreptitiously enter another country to obtain work; 24 United Nations, Treaty Series, vol. 500, No. 7310, p. 95. 25 Jbid., vol. ·S96, No. 8638, p. 261. 3. Appeals to the Govemments of Member States to remind their competent administrative authorities of their obligation to respect ,the human rights of all migrant worlrers, including those that are non-docu- mented or irregular; 4. Urges the Govemments of Member States to grant all facilities and help to diplomatic and consular agents accredited in their countries so that they can fulfil their functions in relation to the protection and defence of the human rights of migrant workers, in- cluding those that are non-documented or irregular. 2433rd plenary meeting 9 December 197 5 3450 (XXX). Missing persons in Cyprua The General Assembly, Recalling its resolution 3212 (XXIX) of 1 Novem- ber 1974, Noting resolution 4 (XXXI) adopted by the Com- mission on Human Rights on 13 February 1975,26 Gravely concerned about the fate of a considerable number of Cypriots who are missing as a result of armed conflict in Cyprus, Appreciating the work of the Initemational Com- mittee of the Red Cross in this ,field, Reaffirming the basic human need of families in Cyprus to be informed about missing relatives, 1. Requests the Secretary-General to exert every effort, in close co-operation with the · Intemational Committee of the Red Cross, to assist in tracing and accounting for persons missing as a result of armed conflict in Cyprus; 2. Requests the Secretary-General to provide the Commission on Human Rights at its thirty-second session with information relevant to the implementa- tion of the present resolution. 2433rd plenary meeting 9 December 1975 3451 (XXX). Alternative approachea and ways and means within the United Natiom syatem for improving the e&ectlve enjoymmt of human rights and fundamental freedoma The General Assembly, Recalling its resolutions 3,136 (XXVID) of 14 De- cember 1973 and 3221 (XXIX) of 6 November 1974, Considering that the International Covenant on Eco- nomic, Social and Cultural Rights27 and the Interna- tional Covenant on Civil and Political Rights and the Optional Protocol theret<>27 will soon enter into force, 1. Expresses its appreciation to the Secretary-Gen- eral for bis report on altemative approaches and ways and means within the United Nations system for improv- ing the effective enioyment of human rights and funda- mental freedoms;28 2. Urges Member States that have not already done so to submit their views to the Secretary-General in accordance with paragraph 1 of General Assembly reso- lution 3221 (XXIX); 26 Sce Official Records of the Economic anti Social Council, Fifty-eighth ~ession, Supplement No. 4 (B/5635), cbap. xxm. 21 Resolutton 2200 A (XXI), annex. 28 A/10235.

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