A/RES/38/101 GA

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_\ VI. Resolutions adopted on the reports of the Third Committee 205 l. Commends the Special Representative of the Com- mission on Human Rights for his interim report on the sit- uation of human rights in El Salvador; 2. Expresses its deepest concern at the fact that, as indi- cated in the report of the Special Representative, the grav- est violations ofhuman rights are persisting in El Salvador and that, as a result, the sufferings of the Salvadorian peo- ple are continuing, and regrets that the appeals for the ces- sation ofthe acts ofviolence made by the General Assem- bly, the Commission on Human Rights and the international community as a whole have not been heeded; 3. Again draws the attention of the Salvadorian parties concerned to the fact that the rules of international law, as contained in article 3 common to the Geneva Conventions of 12 August 1949 121 and Additional Protocols I and 11 thereto, 122 are applicable to armed conflicts not of an international character, such as that in El Salvador, and requests all parties to apply a mínimum standard of pro- tection of human rights and of humane treatment of the civilian population; 4. Takes note of resolution l 983/18 of 5 September 1983 of the Sub-Commission on Prevention of Discrimi- nation and Protection of Minorities, 123 in which the Sub- Commission suggested that the Special Representative give attention in his report to respect for or violation of humanitarian law in armed conflict; 5. Recommends that the reforms necessary for the solution of the economic and social problems which are at the root of the interna! conflict in El Salvador should be put into effect so as to allow the effective exercise of civil and political rights in that country, and reaffirms the right of the Salvadorian people freely to determine their politi- cal, economic and social future without interference from outside and in an atmosphere free from intimidation and terror; 6. Cal/s upon the Government of El Salvador and other political forces to intensify their talks and to work towards the creation of suitable conditions in the common search for a negotiated comprehensive political solution which will put an end to the interna! armed conflict and establish a Iasting peace which will allow the full exercise both of civil and political rights and of economic, social and cultural rights by ali Salvadorians; 7. Once again urges ali Sta tes to abstain from interven- ing in the interna) situation in El Salvador and to suspend all supplies of arms and any type of military assistance, so as to allow the restoration of peace and security and the establishment of a democratic system based on full respect for human rights and fundamental freedoms; 8. Expresses its deep concern at reports which prove that government forces regularly resort to bombarding urban areas in El Salvador that are not military objectives, and its concern for the fate of severa! hundred thousand displaced persons who are currently located in camps in which they are subjected to abuse and in which not even the minimum conditions of internment, in terms of either humane treatment or material needs, are observed; 9. A/so expresses its deep concern at the resurgence of disappearances and murders of persons belonging to vari- ous sectors of the civilian population, for which the so- called "death squads" claim responsibility, and urges that these activities be investigated with a view to punishing those responsible; 1 O. Expresses its concern at the consequences of the damage done to the economy of El Salvador as a result of 121 United Nations, Treatv Series, vol. 75. Nos. 970-973. 122 N32/144, annexes I a·nd 11. the attacks on the economic infrastructure attributable for the most part, according to the report of the Special Representative, to the opposition forces; l l. Reiterates its urgent appeal to the Government of El Salvador to fulfil its obligations towards its citizens and to assume its international responsibilities in this regard by taking the necessary steps to ensure that ali its agencies, including its security forces and other armed organizations operating under its authority, fully respect human rights and fundamental freedoms; 12. Urges the competent authorities of El Salvador to establish the necessary conditions to enable the judiciary to uphold the rule of law, prosecuting and punishing speedily and effectively those responsiblc for the grave vio- lations of human rights which are being committed in that country: 13. Reiterates its appeal to all Salvadorian parties in the conflict to co-operate fully and not to interfere with the activities of humanitarian organizations dedicated to alle- viating the suffering of the civilian population, wherever these organizations operate in the country; 14. Deplores the violent death of Marianela García Villas, President of the Commission of Human Rights of El Salvador, and, given the contradictory reports on the matter, requests the Special Representative of the Com- mission on Human Rights to investigate the circumstances of her death; 15. Renews its appeal to the Government of El Salva- dor, as well as ali other parties concerned, to continue to co-operate with the Special Representative of the C'om- mission on Human Rights: 16. Decides to keep under consideration, during its thirty-ninth session, the situation ofhuman rights and fun- damental freedoms in El Salvador, in order to examine this situation anew in the light of additional elements pro- vided by the Commission on Human Rights and the Eco- nomic and Social Council. 100th plenary meeting 16 December 1983 38/102. Situation of human rights and fundamental freedoms in Chile The General Assembly, Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms for ali and determined to remain vigilant with regard to viola- tions of human rights wherever they occur, Stressingthe obligation ofGovernments to promote and protect human rights and to carry out the responsibilities they have undertaken by virtue of various international instruments, Recal/ing its resolutions 3219 (XXIX) of 6 November 1974, 3448 (XXX) of 9 December 1975, 31/124 of 16 December 1976, 32/118 of 16 December 1977, 33/175 of 20 December 1978, 34/179 of 17 December l 979, 35/188 of 15 December 1980, 36/ 157 of 16 December 1981 and 37/183 of 17 December 1982, relating to the situation of human rights in Chile. as well as its resolution 33/173 of 20 December l 978 on disappeared persons. Recal/ing a/so the resolutions of the Commission on Human Rights on the situation of human rights in Chile, in particular resolution 1983/38 of 8 March 1983, 119 in which the Commission decided. inter afia, to extend for a 123 See E/CN.4/1984/3-E CN.4/Sub.2/1983/43 and Corr. 1 and 2. cha p. XXL sert. A.

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