A/RES/39/120 GA

VI. Resolutions adopted on the reports of the Third Committee 213 co-operate with the Special Representative of the Com- mission on Human Rights; 15. Decides to keep under consideration, during its for- tieth session, the situation of human rights and fundamen- tal freedoms in El Salvador, in order to examine this situa- tion anew in the light of additional elements provided by the Commission on Human Rights and the Economic and Social Council. 101st plenary meeting 14 December 1984 39/120. Situation of human rights and fundamental freedoms in Guatemala The General Assembly, Reiterating that the Governments of all Member States have an obligation to promote and protect human rights and fundamental freedoms, Recalling its resolutions 37/184 of 17 December 1982 and 38/100 of 16 December 1983, Taking note of Commission on Human Rights resolu- tion 1984/53 of 14 March 1984, 129 in which the Commis- sion expressed its profound concern at the continuing mas- sive violations of human rights in Guatemala, Mindful of resolution 1984/23 of 29 August 1984 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, 132 in which the Sub-Commission recognized, inter a/ia, that in Guatemala there existed an armed conflict of a non-international character, which stemmed from economic, social and political factors of a structural nature, Noting the elections to the Constituent Assembly held in July 1984, which fulfilled the first stage of the electoral process for the institution of a new constitutional Govern- ment according to the timetable proposed by the Govern- ment of Guatemala, and affirming the importance of crea- ting conditions in which the electoral process can be pur- sued in a climate free from intimidation and terror, Alarmed at the continuation of politically motivated violence in the form of killings and kidnappings, Alarmed also at the large number of persons who have continued to disappear and the unclear fate of those reported to have been tried by the special tribunals, now abolished, Welcoming the co-operation of the Government of Gua- temala with the Special Rapporteur of the Commission on Human Rights in the fulfilment of his mandate and noting with satisfaction that a list of cases dealt with by the spe- cial tribunals has now been handed over to the Special Rapporteur, l. Takes note of the interim report by the Special Rap- porteur on the situation of human rights in Guatemala, 133 prepared in accordance with Commission on Human Rights resolution 1984/53; 2. Reiterates its deep concern at the continuing grave and widespread violations of human rights in Guatemala, particularly the violence against non-combatants, the dis- appearances and killings and the widespread repression, including the practice of torture, the displacement of rural and indigenous people, their confinement in development centres and their forced participation in civilian patrols, organized and controlled by the armed forces; 132 See E/CN.4/ 1985/3-E/CN.4/Sub.211984/43, chap. XVIII. sect. A. 3. Once again urges the Government of Guatemala to take effective measures to ensure that all its authorities and agencies, including its security forces, fully respect human rights and fundamental freedoms; 4. Renews its call upon the Government of Guatemala to refrain from the forceful displacement of people belong- ing to rural and indigenous populations and from the prac- tice of coercing them into participation in civilian patrols, leading to human rights violations; 5. Welcomes the fact that many of the persons who were tried by the special tribunals have now been released and invites the Government of Guatemala to publish the list of cases dealt with by the special tribunals; 6. Requests the Government of Guatemala to investi- gate and clarify the fate of all persons who have been sub- jected to involuntary or forced disappearances and are still unaccounted for and to put an end to arbitrary detention and imprisonment in secret places; 7. Urges the Government of Guatemala to establish the necessary conditions to ensure the independence of the judicial system and to enable the judiciary to uphold the rule of law, including the right of habeas corpus, and to prosecute and punish speedily and effectively those found responsible for violations of human rights, including members of the military and security forces; 8. Calls upon the Government of Guatemala to allow an independent and impartial body to function in the country to monitor and investigate alleged human rights violations; 9. Reiterates its appeal to all parties concerned in Gua- temala to ensure the application of the relevant norms of international humanitarian law applicable in armed con- flicts of a non-international character to protect the civil- ian population and to seek an end to all acts of violence; 10. Appeals to the Government of Guatemala to allow international humanitarian organizations to render their assistance in investigating the fate of persons who have disappeared, with a view to informing their relatives of their whereabouts, to visit detainees or prisoners and to bring assistance to the civilian population in areas of conflict; 11. Calls upon Governments to refrain from supplying arms and other military assistance to Guatemala as long as serious human rights violations in that country continue; 12. Urges the Government of Guatemala to ensure a climate free from intimidation and terror which would allow the free participation of all in the political process; 13. Invites the Government of Guatemala and other parties concerned to continue co-operating with the Spe- cial Rapporteur of the Commission on Human Rights; 14. Requests the Commission on Human Rights to study carefully the report of its Special Rapporteur, as well as other information pertaining to the human rights situa- tion in Guatemala, and to consider further steps for secur- ing effective respect for human rights and fundamental freedoms for all in that country; 15. Decides to continue its examination of the situa- tion of human rights and fundamental freedoms in Guate- mala at its fortieth session. DJ A/391635. annex. JO 1 st plenary meeting 14 December 1984

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