A/RES/38/100 GA

VI. Resolutions adopted on the reporls of the Third Committee 203 ------ ---- --·---------- --- ------- ---- relations between States and to the realization of human rights and fundamental freedoms, Rea.ffirming that the prosecution and punishment of war crimes and crimes against peace and humanity, as laid down in General Assembly resolutions 3 (1) of 13 February 1946 and 95 (1) of 11 December 1946_ constitutc a univer- sal commitment for ali States, Mindfu/ of the principies of international co-operation in the detection, arrest. extradition and punishment of pcr- sons guilty ofwar crimes and crimes against humanity, set forth in General Assembly resolution 3074 (XXVIII) of 3 December 1973, Recal!ing a/so its resolutions 2331 (XXII) of 18 Oeccm- ber 1967, 2438 (XXIII) of 19 Decembcr 1968, 2545 (XXIV) of 11 December 1969, 2713 (XXV) of 15 Decem- ber I 970, 2839 (XXVI) of 18 Dcccmber 197 L 34/24 of 15 November 1979, 35/200 of 15 Deccmbcr 1980, 36/ 162 of 16 December 1981 and 37/179 of 17 December 1982, Recal/ing further the Declaration on Social Progress and Development, 103 the United Nations Declaration on the Elimination of Ali Forms ofRacial Discrimination, 1114 thc Declaration on the Granting of Independence to Colonial Countries and Peoples 1°' and the Declaration on the Elimination of Ali Forms of Intolerancc and of Discrimi- nation Based on Religion or Bclief, 1u6 Underlining the importance of thc Universal Declara- tion of Human Rights, 1ü7 the International Covcnants on Human Rights, 108 the Intemational Convention on the Elimination of Ali Forms ofRacial Discrimination 1119 and the Convention on the Prevention and Punishment of the Crime of Genocide, 1111 Acknowledging the fact that a number of States have established legal regulations which are suited to preven! the activities of Nazi, Fascist and neo-Fascist groups and organizations, Noting again with deep conccrn that the proponents of Fascist ideologies have, in a number of countries. intcnsi- fied their activities and are increasingly co-ordinating them on an international scale, 1. Again condemns ali totalitarian or other ideologies and practices, in particular Nazi, Fascist and neo-Fascist, based on racial or ethnic exclusiveness or intolerance, hatred, terror or systematic denial of human rights and fundamental freedoms, or which havc such conscquenccs; 2. Notes that the fortieth anniversary ofthe conclusion of the Second World War will occur in 1985 and should serve to mobilize the efforts ofthe world community in its struggle against the ideologies and practiccs dcscribed in paragraph 1 above; 3. Cal/s upan States to assist each othcr in dctecting, arresting and bringing to trial persons suspccted of having committed war crimes and crimes against humanity and. if they are found guilty, in punishing thcm; 4. Urges ali States to draw attention to the threat to democratic institutions by the above-mentioned ideologies and practices and to consider taking measures, in accord- ance with their national constitutional systems and with the provisions of the Universal Declaration of Human Rights and the Intemational Covenants on Human Rights. to prohibit or otherwise deter activitics by groups or organizations or whoever is practising thosc ideologies; 103 Resolution 2542 (XXIV). 104 Resolution 1904 (XVIII). IOS Resolution 1514 (XV). 106 Resolution 36/55. 107 Resolution 217 A (111). 108 Resolution 2200 A (XXI). anncx. 109 Resolution 2106 A (XX)_ annex. 5. ( 'a/Is upon thc appropriate spccialized agencies, as well as intergovernmcntal and international non- govcrnmcntal organizations, to initiatc or intensify meas- urcs aga111st the ideologics and practiccs described in para- graph I abovc: 6. Inri/es Membcr States to adopt, in accordance with their national constitutional systems and with the provi- sions of thc Universal Oeclaration of Human Rights and the Intcrnational Covenants on Human Rights, as a matter of high priority, measurcs declaring punishable by law any dissemination of idea~ based on racial superiority or hatred and of war propaganda, including Nazi. Fascist and nco-Fascist ideologies; 7. Appea/s to ali Statcs that havc not yet done so to rat- ify orto accede or give scrious consíderation to acceding to the International Covenants on Human Rights, the Con- vention on the Prcvention and Punishment of the Crime of Gcnocide, the lntemational Convention on the Elimi- natíon of Ali Forms of Racial Discriminatíon, the Con- vention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity 111 and the Intcrnational Convcntion on the Supprcssion and Punish- ment of the Crime of Apartheid; 112 8. ( 'a/Is once again upon ali States to provide the Sec- retary-C,cneral with thcir comments on this question; 9. Rcquests the Secrctary-General to cnsure that the Oepartment of Public lnformation of the Secretaria! pays attcntion to the dissemination of information on the forth- coming fortieth annivcrsary of the conclusion of the Sec- ond World War, cxposing the ideologies and practices dcscribed in paragraph I above; 1 O. Reitera/es its rcqucst to the Commission on Human Rights to consider this subject at its fortieth ses- s1011 : 1 1. Rcquests the Secrctary-General to submit a report, through the Economic and Social Council, to the General Asscmbly at its thirty-ninth session. in the light ofthe dis- cussíon that will take place in the Commission on Human Rights and on thc basis of comments provided by States and intcrnational organizations. IOOth p/enary meeting /6 Deccmher /983 38/100. Situation of human rights and fundamental freedoms in Guatemala Fhc < ;cncra/ Assemhlr. Rciterating that the Ciovernments of ali Member States have an obligation to promote and protect human rights and fundamental freedoms. Recalling its rcsolution 37/184 of 17 December 1982. Fakmg note of Commíssion on Human Rights resolu- tion 1983/37 of 8 March 1983, 113 in which the Commis- síon rciterated its profound concern at the continuing rcports of massive violations of human rights in Guate- mala, Noting that the Sub-Commission on Prevention of Dis- crimination and Protection of Minorities, in its resolution 1983/ 12 of 5 Scptcmber 1983, 114 recognized that in Gua- temala there cxisted an armed conflict of a non- intcrnational character. which stemmed from economic, 1111 Rcsnlutwn 260 A (111). annn. 111 Rcsolution 1391 (XXIIIL anncx. II, Resolution 3068 (XXVIII), anncx. 113 Ser Ot/icial Record., ,,(1he lóconomic and Soc,a/ CouncJ/, /983. Su¡,píc- 11w111 s,, 3 (E/1983/13 and Corr.l). chap. XXVII. sect. A. 114 se,· F°CN.4 1984 .,-E e, 4 Suh.2 1983 43 and Corr.l and 2. chap. XXI. ,cc1 \ 204 General Assembly - lhirty-eighth Session social and political factors of a structural naturc, and that within that conflict thc security forces and government institutions had not rcspected the norms of international humanitarian law, t:xprcssinx ils satisfaction at the appointmcnt of a Spe- cial Rapporteur of thc Commission on Human Rights and taking note of the co-operation extended to thc Special Rapporteur by the Government of Guatemala, Taking note of the interim report by the Special Rap- porteur on the situation of human rights in Guatemala, 11 ' submitted in aceordance with Commission on Human Rights resolution 1983/3 7. vVclcoming the lifting ol'thc statc ofsiege ancl thc aboli- tion of the special tribunals, Disturbcd at the large number of persons who have dis- appeared, including thosc rcported to havc bccn tricd by the special tribunals, and who, dcspite appeals from vari- ous international organintions, rcmain unaccounted for. l. Expresscs its dccp conccrn at the continuing massi ve violations of human rights in Guatemala, particularly the violence against non-combatants, and the widespread repression, killing and massive displacemcnt of rural and indigenous populations, which are reportcd to havc increased reccntly: 2. Calls upon thc Government of Guatemala to refrain both from forcefully displacing people belonging to rural and indigenous populations and from the practice of coercing people into participation in civilian patrols. lead-- ing to human rights violations: 3. Urf{es the Governmcnt of Guatemala to take effce- tivc measures to ensurc that ali its authoritics and agen- cies, including its security forces, fully rcspcct human rights and fundamental frecdoms: 4. Requcsts thc Govcrnmcnt of Guatemala to invcsti- gate and clarify thc fate of pcrsons who have disappeared and are still unaccountcd for, including thosc reportee! to have been tried by thc spccial tribunals: 5. Cal/s upon the Government of Guatemala to estab- lish a system for thc revocation of convictions and sentcnccs passcd by the spccial tribunals, now abolishecl: 6. Appea/s to the Government of Guatemala to allow international humanitarian organizations to render assist- ance in invcstigating the fate of pcrsons who havc clisap- peared, with a vicw to informing their rclatives of their whereabouts, and to visit dctainccs or prisoners, and to allow them to bring assistancc to the civilian population in arcas of conflict: 7. Appea/s a/so to ali partics concerned in Guatemala to cnsure the application of thc relevan! norms of interna- tional humanitarian law applicablc in armcd conflicts of a non-international character to protect thc civilian popula- tion and to seek an end to ali acts of violcncc: 8. Ca/Is upon Govcrnments to rcfrain from supplying arms and othcr military assistance as long as serious human rights violations in Guatemala continuc to be rcported: 9. Invites thc Governmcnt of Guatemala and othcr parties concerned to continue co-operating with the Spc- cial Rapporteur of the Commission on Human Rights: 10. Rcquests the Comm1ssion on Human Rights to study carefully the report of its Spccial Rapportcur, as wcll as other information pcrtaining to thc situation in Guate- l l 5 See A/38i48'i. 116 Resolutíon 217 A (111). 117 See Ofhc,a/ RffurJs o/thl' Lco1u11111c a11J Soua/ ( ounul, i 'JS I, Su¡,¡,/(' ment No.5-(E/1981/25 and Corr. l ). chap. XXVIII, sect. A. 11 8 /hiJ .. 19/i:'. Su¡,¡,ll'lncnt \'o :' (F l 'IX~ 1 ~ and ( orr.1 l. cha p. X X\' 1 scct. A. mala, and to consider furthcr steps for securing effective rc~pect for human rights ancl fundamental freedoms for ali in that country; 11. Decides to continue its examination of the situa- tion of human rights and fundamental freedoms in Guate- mala at its thirty--ninth session. 100th p/enary meeting 16 Deccmher 1983 ]8/101. Situation of human rights and fundamental freedoms in El Salvador /'he < icncra/ . 11·.1·e111h/_r, Uuidcd by the principies embodied in the Charter ofthe l lnited Nations and in the Universal Declaration of Human Rights, 1 '" ( 'om·c,ous of its responsibility in ali circumstances to promote and cncourage respect for human rights and fun- damental freedoms for ali, Rc1tcrating that the Governments of ali Member States have an ohligation to promote and protect human rights and fundamental freedoms and to carry out the responsi- hilitics they havc undertaken undcr various intemational human rights instrumcnts, Dc1crm111cd to rcmain vigilan! with regard to violations ofhuman rights wherever they occur and to take measures to restorc rcspcct for human rights and fundamental free- dnms, Rccalling that, m its rcsolutions 35/ l 92 of 15 December 1980. 36/155 of 16 Dccember 1981 and 37/185 of 17 Dccember 1982, it cxprcsscd cleep concem at the situation of human rights in El Salvador, especially in view of the death of thousancls of pcoplc and the climate of violence ancl insecurity prevailing in that country, as well as the ,mpunity of paramilitary forces and other armed groups, Bearinx in mind Commission on Human Rights resolu- t1ons 32 (XXXVII) of 11 March 1981, 117 in which the < 'ommission clecidcd to appoint a Special Representative on thc situation of human rights in El Salvador, 1982/28 of 11 March 1982 118 and 1983/29 of 8 March 1983, 119 whercby the Commission extended the mandate of the Spccial Represcntativc for another year and requested him to rcport, ínter afia, to thc General Assembly at its thirty- cighth session, Taking note wilh grave concern of the interim report of thc Spccial Represcntative of the Commission on Human Rights, 12º in which the continuation of aclimate of vio- lencc and insccurity in El Salvador, characterized by armcd clashcs, acts of economic sabotage and grave and large-scalc violations of human rights, as well as the failure of the Salvadorian authorities to prevent these constant violations of human rights in that country, are confirmed, Bcaring 1n 111111d that in its resolution 37/185 the Gen- eral Assembly obscrved that thc elections which were held in El Salvador in March 1982 had not led to the cessation of violcnce or to improvement in the situation of human rights ancl fundamental freedoms in that country; Noting with satisfaction that thc El Salvador Peace Com- mission, officials and special envoys of other Govemments within and outside thc region, as well as the rcpresentative political forces, have initiatcd talks in the scarch for a negotiatccl comprehcnsivc political solution, 119 //,,d .. /9,H s,,,,¡,/,•J11,·111 .\o 3 (E'1983/13 and Corr.l). chap. XXVII. '-l"l'I. \. l .?n Sc:e :\ ;~ 50_\

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