A/RES/38/102 GA

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. 206 General Assembly- Thirty-eighth Session - -- - -- -~-------- -···--- ------- ------ ---- year the mandate of the Special Rapportcur on the situa- tion of human rights in Chile. Dep/oring once 11gai11 the fact that the rcpeated appcals of the General Asscmbly. the Commission on Human Rights and othcr international organs to re-cstablish human rights and fundamental freedoms havc heen ignored by thc Chilcan authorities, which continuc to refuse to co-operate with thc Commission on Human Rights and its Spccial Rapporteur. 1:·xpressing ils ¡m~found cunccrn that. according to the conclusions of thc Special Rapporteur, the performance or the Chilean authorities with regard to the situation of human rights has been negative in general and that they have not been responsive to the concerns of the interna- tional community expresscd in resolutions of the General Assembly and the Commission on Human Rights. Observing that the Chilcan authorities have permitted a limited number or nationals to return to thc country. but noting that the rneasures taken to that effect have bcen arbitrary and restrictivc. l. Commends the Special Rapporteur on the situation of human rights in Chile for his report. 124 prepared in accordance with < ·ommission on Human Rights resolution 1983/38; 2. Reitera/es its grave conccrn at the persistence of and increase in serious and systcmatic violations of human rights in Chile. as described in thc report of the Special Rapporteur; 3. Expresses once again its conccm at thc disruption of the traditional dcmocratic legal ordcr and its institutions by the maintenance of exceptional legislation, the institu- tionalization of various states of emergency and the exist- ence of a Constitution in Chile which does not reflect a freely expressed popular will and the provisions of which not only fail to guarantee the enjoyment of human rights and fundamental freedoms hut also suppress, suspcnd or restrict thc exercise of those rights and frecdoms; 4. A/so reiterares its gral"c conCi'rn at the inefficacy of reeourse to habeas corp111 or amparo and of protertion in view of the fact that the judiciary in Chile does not exer- cise its powers fully in this respect and carries out its func- tions under severe restrictions; 5. Once again rcqucs/1 the Chilean authorities to respect and promote human rights in compliance with the obligations they have assumcd under various international instruments and. in particular. to cnd the régime of excep- tion and especially the practice of dcclaring states of emer- gency, under which serious and continuing violations of human rights are committcd, and to restore the principie of legality, democratic institutions and the effective enjoy- ment and exercise of civil and political rights and funda- mental freedoms without any discrimination: 6. Once more urges the Chilean authorities to investi- gate and clarify the fate of persons who have disappearcd for political reasons, to inform their families of the results of such investigation and to bring to trial and punish those responsible for these disappearances; 7. Reiterares its appea/ to the Chilcan authorities to pul an end to intimidation and persecution. as well as arbi- trary detentions and imprisonment in sccret places and the practice of torture and other forms of cruel, inhuman or degrading treatmcnt which havc rcsulted in unexplained deaths, and to re,p\'ct the right of persons to life and physi- cal integrity: 124 See A/38138_, ""<l Ad<l. 1 125 Sec O/hcia/ Rn·1wd\ if //¡c h 11110,n/(· a,u/ .\'ocwl (·,·un, 1/ . . \1, 11· W'(o11d Session. Suii11/c111{'111 1, ¡r· ,,,: 1\ chap '\ '<l. ,f'Cl ll 8. Expresses its concern at the violent suppression of the ever larger and more widespread popular protests in !he facc of the incapacity of the authorities to restore human rights and fundamental freedoms, as reported by the Special Rapporteur. which have resulted in serious, fla- gran! and systematir violation of human rights, including mass detcntions and numerous deaths: 9. Once again urges the Chilean authorities to respect the right of Chileans to Iive in and freely enter and leave lheir country. without restrictions or conditions. and to cease thc practice of "relegation" (assignment of forced ,rsidence) and forced cxile; 1 O. Renflrs its appeal to the Chilean authorities to restore the full enjoyment and exercise of trade union rights. in particular the right to organize trade unions, the right to collectivc bargaining and the right to strike; 11. Once more urges the Chilean authorities to protect and restore the economic. social and cultural rights of the population and. in particular, to respect the rights mtended to preserve the cultural identity and improve the social status of the indigcnous population; 12. Conc/udes. on the basis of the report of the Special Rapporteur, that it is necessary to keep under considera- tion the situation of human rights in Chile; 13_ Ca/Is again upon the Chilean authorities to co- opcratc with the Special Rapporteur and to submit their commcnts on his report to the Commission on Human Rights at its fortieth session; 14. Invites the Commission on Human Rights to study in depth the report of the Special Rapporteur at its fortieth session and to take the most appropriate steps for the effec- ti vc restoration of human rights and fundamental free- doms in Chile, including the extension of the mandate of thc Special Rapporteur for one more year. and requests the Commission to report. through the Economic and Social Council. to thc <irncral Assembly at its thirty-ninth ses- ,Hm_ /O0th p/enary meeting 16 December 1983 38/103. Human rights and mass exoduses !he General Asscmhly, .\1indJúl of its general humanitarian mandate under the Charter ofthe United Nations and its mandate to promote and cncourage respert for human rights and fundamental frcedoms for all. Decp/_r disturhcd by the continuing scale and magnitude of exoduscs and displacements of populations in many rcgions of the world and by the human suffering of mil- lions of refugees and displaced persons in ali regions of the world. Conscwus that human rights violations are among the principal factors in the complex and multiple causes of mass cxoduses of population. Deeply preoccupied by the increasingly heavy burden being imposed, particularly upon developing countries with limited resources of their own. and upon the intema- tional communit) as a whole, by these sudden and mass exoduses and displacements of population, Recalling its resolution 32/130 of 16 December I 977 and Commission on Human Rights resolution 4 (XXXIII) of 21 February 1977 i,; on thc full realization of eco- nomir. social and rnltural rights.

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