A/RES/35/188 GA

VI. Resolutions adopted on the reports of the Third Committee 203 Aware that the Commission on Transnational Cor- porations will examine the report on _the activities o~ the United Nations Centre on Transnat10nal Corporations and the study on transnational corporations in the phar- maceutical industry in developing countries, according to the agenda approved by the Economic and Social Council in its decision 1980 / 170 of 24 July I 980, Aware also that many organs, organizations and bodies of the United Nations system have an interest in and expertise on this subject and can theref'?re provide valuable assistance to the Secretary-General m his prep- aration of the report for next year, Taking into account that the United Nations Con- ference on Trade and Development, the Economic Commission for Europe, the United Nations Centre on Transnational Corporations, the Division of Narcotic Drugs of the Secretariat, the International Labour Or- ganisation, the Food and Agriculture Organization of the United Nations and the World Health Organization have already been involved in this exercise, . Conscious of the importance of the information system on transnational corporations for the analysis of transnationals in certain sectors of special social and hu- manitarian interest to host countries, particularly de- veloping countries, Mindful of the importance of objective information about banned hazardous chemicals and unsafe pharma- ceutical products, I. Invites Member States to provide information on the measures they have taken to exchange information on hazardous chemicals and unsafe pharmaceutical products that have been banned in their countries; 2. Requests the Commission on Transnational Cor- porations to study, during its seventh session, the ways and means within the information system on transna- tional corporations to improve the exchange of infor- mation on banned hazardous chemicals and unsafe pharmaceutical products, with a view to formulating ap- propriate recommendations; 3. Requests once again the Secretary-General, in co- operation with the United Nations organs, organiza- tions and bodies concerned, to submit a report to the General Assembly, at its thirty-sixth session, on the experience of Member States and the United Nations organs, organizations and bodies concerned; 4. Appeals to the United Nations organs, organiza- tions and bodies concerned, especially the World Health Organization, to provide any assistance, expertise and co-operation required for the preparation of the above- mentioned report. 96th plenary meeting I 5 December I 980 35/187. Refugee and displaced children The General Assembly, Noting with deep concern the increasing gravity of the problems of refugees in various parts of the world, Stressing that, among the problems posed by the plight of these populations, the problem of children is especially anguishing, Considering the disturbing situation of millions of refugee and displaced children, particularly children who have not yet been settled, Considering that many of them have lost all the mem- bers of their immediate families, Reaffirming the pre-eminently humanitarian charac- ter of the activities of the United Nations High Com- missioner for Refugees for the benefit of refugees, I. Expresses its gratitude to the Unite~ Nati<?ns High Commissioner for Refugees for the act10n which he has already taken to assist refugee and displaced children, and requests him to intensify his effor~s in that respect, endeavouring to ensure as far as possible that the cultural and family identity of the minors settled is preserved; 2. Requests the High Commissioner to associate all the specialized agencies in the action undertaken. 96th plenary meeting 15 December I 980 35/188. Protection of human rights in Chile The General Assembly, Conscious of its responsibility to promote and en- courage respect for human rights and fundamental free- doms for all, and determined to remain vigilant with re- gard to violations of human rights wherever they occur, Noting that Governments have an obligation to protect and promote human rights and to carry out re- sponsibilities they have undertaken under various inter- national instruments, Recalling its resolutions 31/124 of 16 December 1976, 32/118 of 16 December 1977, 33/175 of 20 December I 978 and 34 / 179 of 17 December 1979 on the protec- tion of human rights in Chile, and 33 / 173 of 20 Decem- ber 1978 on disappeared persons, Recalling also Commission on Human Rights resolu- tion 11 (XXXV) of 6 March 1979 111 on violations of hu- man rights in Chile, in which the Commission, inter a/ia, decided to appoint a Special Rapporteur on the situa- tion of human rights in Chile, Deploring that the Chilean authorities have consistent- ly 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, 112 there has not been an im- provement in the human rights situation in Chile, and that in certain respects it has, on the contrary, deterio- rated, 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 free- doms of assembly, association, expression and informa- tion 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 reso- lutions of the General Assembly and other internation- al 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 un- known and that this has caused grief and often hard- ship to their relatives. 111 See Official Records of the Economic and Social Council, 1979, Supplement No. 6 (E/1979/36), chap. XXIV, sect. A. "' See A/35/522. 204 General Assembly-Thirty-fifth Session I. Commends the Special Rapporteur for his report on the situation of human rights in Chile, prepared in accordance with Commission on Human Rights resolu- tion 21 (XXX VI) of 29 February 1980: 1 1' 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 ob- ligations under various international instruments and, in particular, to take concrete steps as outlined in Com- mission on Human Rights resolution 21 (XXXVI); 5. Concludes, on the basis of the report of the Special Rapporteur, that continued vigilance with re- gard to the human rights situation in Chile is war- ranted; 6. Expresses its deep concern about the lack of infor- mation on the numerous persons who have disap- peared, which continues to be a gross and flagrant vio- lation of human rights: 7. Urges once more the Chilean authorities to in- vestigate and clarify the fate of persons who have disap- peared 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 em- ploy fully and without restriction its constitutional power under habeas corpus and amparo: 9. Urges once more the Chilean authorities to co- operate with the Special Rapporteur and to submit their comments on the findings of his report to the Commis- sion on Human Rights at its thirty-seventh session; 10. Invites the Commission on Human Rights to ex- tend 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 35/189. Protection of human rights of certain categories of prisoners The General Assembly, Recalling its resolution 32/121 of 16 December 1977 regarding the protection of the human rights of persons who are detained either in respect of offences which they committed, or are suspected of having committed, by reason 0f their political opinions or convictions, or as a result of their struggle against colonialism, aggression and foreign occupation and for self-determination, in- dependence, the elimination of apartheid and all forms of racial discrimination and racism, and the termina- tion of all these violations of human rights, ''' See Official Records of the Economic and Social Council. I 980. Supplement No. J (E/1980/11 and Corr I), chap. XXVI. sect. A. Recalling also its resolution 33 / 169 of 20 December 1978 regarding the protection of the human rights of persons who have been arrested or detained as a result of their trade union activities, Noting, however, that, although certain prisoners belonging to the above-mentioned categories may have been duly convicted of common-law offences, which may justify their arrest, detention or imprisonment, or may be detained pending a trial in respect of such of- fences, the arrest, detention or imprisonment for common- law offences cannot be justified when it is based on laws which are of a discriminatory nature or involve other serious violations of human rights, including apartheid. Realizing that persons belonging to these categories are exposed to special dangers as regards the protection of their human rights and freedoms, Noting that violations of their human rights and fun- damental freedoms may consist in the arrest or deten- tion itself. or in the treatment to which they are sub- jected, Recalling the Universal Declaration of Human Rights 11 " and the International Covenants on Human Rights, 11 ' Recalling the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punish- ment, 1 11• which states that any act of torture or other cruel, inhuman or degrading treatment or punishment is an offence to human dignity, that no State may permit or tolerate torture or other cruel, inhuman or degrading treatment or punishment, and that exceptional cir- cumstances such as a state of war or a threat of war, in- ternal political instability or any other public emergen- cy may not be invoked as a justification of torture or other cruel, inhuman or degrading treatment or punish- ment, Recalling also the Standard Minimum Rules for the Treatment of Prisoners, 11 ' Emphasizing the particular importance of protecting the right of prisoners not to be subjected to torture or other cruel, inhuman or degrading treatment or punish- ment, and their right to receive a fair hearing by a com- petent, independent and impartial tribunal in the deter- mination of any criminal charge against them, A ware of the fact that, despite releases of prisoners in some countries, the general situation as regards the ar- rest and detention of persons belonging to the above- mentioned categories remains as serious as before, I. Recognizes that the arrest and detention, in many parts of the world, of numerous persons on the above- mentioned grounds often give rise to serious human rights problems and that effective measures should be taken to eliminate these problems; 2. Reiterates. therefore, the requests to Member States in General Assembly resolutions 32/121 and 3 3 / 169 regarding the release of such persons and the as- surance that their fundamental human rights are pro- tected during their arrest or detention. '" Resolution 217 A (Ill). "' Resolution 2200 A (XXI), annex. '"· Resolution 3452 (XXX). annex. 96th plenary meeting I 5 December 1980 " First United Nations Congress on the Prevention of Crime and the Treatment of' Offenders.· report prepared by the Secretariat (United Nat ions publication. Sales No. 1956. IV .4). annex I.A.

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