A/RES/39/121 GA

214 General Assembly-Thirty-ninth Session 39/121. 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 all and determined to remain vigilant with regard to viola- tions of human rights wherever they occur. Stressing the obligation of Governments to promote and protect human rights and to carry out the responsibilities they have undertaken by virtue of various international instruments, Recalling 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 1979, 35/188 of 15 December 1980, 36/157 of 16 December 1981, 37/ 183 of 17 December 1982 and 38/102 of 16 December 1983, relating to the situation of human rights in Chile, as well as its resolution 33/ l 73 of 20 December 1978 on dis- appeared persons, Recalling also the resolutions of the Commission on Human Rights on the situation of human rights in Chile, in particular resolution 1984/63 of 15 March 1984, 129 in which the Commission decided, inter alia, to extend for a year the mandate of the Special Rapporteur on the situa- tion of human rights in Chile. Deploring once again the fact that the repeated appeals of the General Assembly, the Commission on Human Rights and other international organs to re-establish human rights and fundamental freedoms have been ignored by the Chilean authorities, which continue to refuse to co-operate with the Commission on Human Rights and its Special Rapporteur, Once again expressing its grave concern at the persist- ence of the serious situation of human rights in Chile, which, as established by the Special Rapporteur, has con- tinued to deteriorate, and at the fact that the Chilean authorities have not been responsive to the concerns of the international community, as expressed in resolutions of the General Assembly and of the Commission on Human Rights, Observing that, according to the conclusions of the Spe- cial Rapporteur, the right to enter and leave one's country freely is seriously restricted for Chilean nationals and that this situation has been aggravated by the issuance of a list of the names of thousands of Chileans who are not allowed to enter their country without conditions. Taking note with utmost concern of the re-establishment of the state of siege on 6 November 1984, which has aggra- vated the situation of human rights and fundamental free- doms in Chile, particularly by the increase in the number of arbitrary mass arrests, of persons sent into internal exile and the practice of torture and other forms of inhuman and degrading treatment, as well as the additional restric- tions on the freedom of expression and information, assembly and association, l. Commends the Special Rapporteur on the situation of human rights in Chile for his report, 134 prepared in accordance with Commission on Human Rights resolution 1984/63; 2_ Expresses its indignatwn at the persistence of and increase in serious and systematic violations of human rights in Chile, as described in the report of the Special Rapporteur, and, in particular, at the violent repression of popular protest in the face of the refusal to restore the 134 A/39/631, annex democratic order and human rights and fundamental free- doms on the part of the authorities, which have in fact committed further serious and flagrant violations of human rights, with mass arrests and numerous deaths; 3. Reiterates once again its dismay at the disruption in Chile of the traditional democratic legal order and its insti- tutions, particularly through the maintenance of excep- tional legislation, the institutionalization of states of emer- gency, the extension of military jurisdiction and the exist- ence of a Constitution which does not reflect the will of the people freely expressed and the provisions of which not only fail to guarantee human rights and fundamental free- doms but suppress. suspend or restrict the enjoyment and exercise thereof; 4. Expresses us alarm at the fact that the repressive activities of the police and security agencies and, in partic- ular, the National Information Agency continue to go unpunished, as pointed out in the report of the Special Rapporteur; 5. Once again views with concern the ineffectiveness of the remedies of habeas corpus or amparo and of protec- tion, owing to the fact that the judiciary does not exercise fully its powers of investigation, monitoring and super- vision in this respect and performs its functions under severe restrictions: 6. Once again requests the Chilean authorities to restore and respect human rights in accordance with the obligations they have assumed under various international instruments and, in particular, to put an end to the regime of exception and the practice of declaring states of emer- gency, under which serious and continuing violations of human rights are committed, with a view to restoring the principle of legality, democratic institutions and the effec- tive enjoyment and exercise of civil and political rights and fundamental freedoms; 7. Urges the Chilean authorities to terminate the state of siege decreed on 6 November 1984 and the consequen- ces of that state of siege; 8. Once more urges the Chilean authorities to investi- gate and clarify the fate of persons who have disappeared, mcluding those arrested for political reasons, and to inform their families of the results of such investigation and to bring to trial and punish those responsible for their disappearance; 9. Once again emphasizes to the Chilean authorities the need to put an end to intimidation and persecution, as well as arbitrary or illegal arrests and imprisonment in secret places, and to respect the right of persons to life and physical integrity by halting the practice of torture and other forms of cruel, inhuman or degrading treatment which, in some cases, have resulted in unexplained deaths; I 0. Again requests the Chilean authorities to respect, in accordance with article 12 of the International Covenant on Civil and Political Rights, 135 the right of Chilean nationals to live in and freely enter and leave their coun- try, without restrictions or conditions of any kind, in par- licular to annul the list ofnames of Chileans whose right to enter the country has been restricted and recent measures affecting other individuals, and to cease the practice of "relegation" (assignment of forced residence) and forced exile; 11. Renews lls appeal to the Chilean authorities to re- establish the full enjoyment and exercise of trade union rights, in particular the right to organize trade unions, the nght to collective bargaining and the right to strike, and to 11> See resolution '200 A {XXI), annex. VI. Resolutions adopted on the reports of the Third Committel' 215 ---------------------------------- ------------------------ put an end to the system of repressing the activities of trade union leaders and their organizations; 12. Once more urges the Chilean authorities to respect and, where necessary, restore economic, social and cultural rights and, in particular, the rights intended to preserve the cultural identity and improve the social situation of indig- enous populations, recognizing especially their right to their land; 13. Concludes, 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; 14. Again requests the Chilean authorities to co-oper- ate with the Special Rapporteur and to submit their com- ments on his report to the Commission on Human Rights at its forty-first session; 15. Invites the Commission on Human Rights to study in depth at its forty-first session the report of the Special Rapporteur and to take the most appropriate steps for the effective restoration of human rights and fundamental freedoms in Chile, including the extension of the mandate of the Special Rapporteur for one more year, and requests the Commission to report, through the Economic and Social Council, to the General Assembly at its fortieth session. 101st plenary meeting 14 December 1984 39/122. International Research and Training Insti- tute for the Advancement of Women 136 The General Assembly, Recalling its resolutions 37 /56 of 3 December I 982 and 38/104 of 16 December 1983 on the International Research and Training Institute for the Advancement of Women, Taking note of the note by the Secretary-GeneraJl 37 on recent developments regarding the activities and statute of the Institute, Recalling Economic and Social Council decision 1984/ 124 of 24 May 1984 on the statute of the Institute, Bearing in mind that the entire operation of the Institute depends solely on voluntary contributions, l. Welcomes the statute of the International Research and Training Institute for the Advancement ofWomen 138 as approved by the Economic and Social Council in its decision 1984/ l 24; 2. Takes note with satisfaction of the programme of activities of the Institute, 139 which constitutes a valuable contribution to an increased role of women in the develop- ment process at all levels and is carried out in co-operation with the organizations of the United Nations system; 3. Stresses the relevance of programmes related to women and international economic relations; 4. Requests the Institute, in preparing its future activ- ities, to take into consideration the trends in research and training relevant to women and development; 5. Invites Governments and intergovernmental organi- zations to contribute to the United Nations Trust Fund for the International Research and Training Institute for the Advancement of Women, in view of the increasing impor- 136 See also sect. VIII, resolution 39/249. 137 A/C.3/39/6. 138 A/39/511, annex. 139 See A/C.3/39/6, sect. II. 140 Report of the World Conference of 1he ln1ernational Women ·s Year. Mexico City, 19 June-2 July /975 (Umted Nations pubhcation, Sales No. E.76.IV. I), chap. I. tance of research and training for the advancement of women; 6. Requests the Secretary-General to continue to pro- vide support to the Institute, particularly in it~ fund-rais- ing activities, by encouraging voluntary contributions to the Institute; 7. Also requests the Secretary-General to submit to the General Assembly at its fortieth session a report on the activities of the Institute; 8. Decides to include m the provisional agenda of its fortieth session a separate item entitled "International Research and Training Institute for the Advancement of Women". JO I st plenary meeting I 4 December I 984 39/123. The role of women in society The General Assembly, Reaffirming the objectives of the United Nations Dec- ade for Women: Equality, Development and Peace, as well as the importance of the Declaration of Mexico on the Equality of Women and their Contribution to Develop- ment and Peace, 1975, 140 the World Plan of Action for the Implementation of the Objectives of the International Women's Year 141 and the Programme of Action for the Second Half of the United Nations Decade for Women, 142 Noting that just and lasting peace and social progress as well as the establishment of a new international economic order, require the active participation of women in pro- moting international peace and co-operation and in the process of development, Bearing in mind that economic inequality, colonialism, racism, racial discrimination, apartheid, acts of aggression and interference in the internal affairs of others and viola- tions of human rights and fundamental freedoms consti- tute an impediment to the achievement of real and genu- ine equality and to the integration of women in society, Convinced of the necessity to secure for all women full realization of the rights embodied in the Convention on the Elimination of All Forms of Discrimination against Women, 143 in the International Covenants on Human Rights 144 and in other relevant instruments in this field, Recognizing that the achievement of equal and full par- ticipation of women in all spheres of activity constitutes an inseparable part of the political, economic, social and cul- tural development of all countries, Aware that efforts to promote the status of women in all its aspects and their complete integration in society go beyond the problem oflegal equality and that deeper struc- tural transformations of society and changes in present- day economic relations, as well as elimination of tradi- tional prejudices through education and dissemination of information, are required so as to create conditions for women to develop fully their intellectual and physical capacities and to participate actively in the decision- making process in political, economic, social and cultural development, Mindful of the necessity to enlarge the possibilities for both men and women to combine parental duties and 141 /hid .. chap. II, sect. A. 142 Report of the World Confi-rence of the l'mted Na1ions Decade Jiir Women: Equality. Development und Peace. Copenhai:en. 14-30 July /980 (United Nations publication, Sales No. E.80.JV.3 and rnnigendum). chap. I. sect. A 14.l Resolullon 34/180, annex. 144 Resolut,on 2200 A (XXI). annex

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