A/RES/40/140 GA

observe and to inform the General Assembly and the Commission on Human Rights of the extent to which the contending parties are respecting those rules, particularly as regards humanitarian treatment and respect for the civ- ilian population, prisoners of war, those wounded in combat, health personnel and military hospitals of either party; 4. Reaffirms once again the right of the Salvadorian people freely to determine their political, economic and social future without interference from outside, through a genuine democratic process, in which ali sectors of the population participate freely and effectively; 5. Requests ali States to refrain from intervening in the interna! situation in El Salvador and, instead of helping in any way to prolong and intensify the war, to encourage the continuation of the dialogue until a just and lasting peace is achieved; 6. Deeply regrets the interruption ofthe dialogue initi- ated in October 1984 between the Government of El Sal- vador and the Frente Farabundo Marti para la Liberación Nacional-Frente Democrático Revolucionario and there- fore calls upon these parties to renew their talks so that by means of sincere, generous and open dialogue they may achieve a negotiated comprehensive political solution which will put an end to the armed conflict and contribute to the institutionalization and strengthening of the demo- cratic system based on the ful! exercise by ali Salvadorians oftheir civil and political rights and their economic, social and cultural rights; 7. Ca/Is upon the Government and the opposition forces, as agreed at the meeting held at La Palma on 15 October 1984, 186 to establish as soon as possible appropri- ate mechanisms to study the plans and proposals submit- ted by both parties and to include ali sectors of national life in the search for peace; 8. Views with concern that, as a consequence of the prolonged armed conflict, the number of refugees and internally displaced persons, who already constitute a con- siderable part of the Salvadorian population, continues to increase and requests ali States to collaborate in the recep- tion ofthe refugees and to support the autonomous organi- zations responsible for looking after internally displaced persons in El Salvador; 9. Again reiterates its appeal to the Govemment of El Salvador and to the opposition forces to co-operate fully with the humanitarian organizations dedicated to alleviat- ing the suffering of the ci vilian population, wherever these organizations operate in the country, and to permit the lnternational Committee of the Red Cross to continue to evacuate those wounded and maimed by war to where they can receive the medica! attention they need; 10. Deeply deplores the fact that the capacity of the judicial system in El Salvador to investigate, prosecute and punish violations ofhuman rights continues to be patently unsatisfactory and therefore urges the competent authori- ties to continue and strengthen the process ofreform ofthe Salvadorian judicial system, in order to punish speedily and effectively those responsible for the serious human rights violations which have been committed and are still being committed in that country; l l. Recommends the continuation and broadening of the reforms necessary in El Salvador, including effective application of agrarian reform, for the solution of the eco- nomic and social problems which are the basic cause ofthe interna! conflict in that country; l 2. Ca/Is upon the competent authorities in El Salva- dor to introduce changes in the laws and other measures 186 See A/39/636, annex, sect. 11. that are incompatible with the provisions contained in the intemational instruments binding on the Govemment of El Salvador in respect of human rights; 13. Renews its appeal to the Government of El Sal va- dor. as well as to other parties concemed, to continue to co-operate with the Special Representa ti ve of the Com • mission on Human Rights; 14. Decides to keep under consideration, during its forty-first session, the situation of human 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, in the hope that there will he improvement. 116th plenary meeting 13 December 1985 40/140. Situation of human rights and fundamental freedoms in Guatemala The General Assembly, Reiterating that the Governments of ali Member States have an obligation to promete and protect human rights and fundamental freedoms, Recal/ing its resolutions 371184 of 17 December 1982, 38/100 of 16 December 1983 and 39/120 of 14 December 1984. Recalling a/so Commission on Human Rights resolution 1984/53 of 14 March 1984,29 and taking note ofCommis- sion resolution 1985/36 of 13 March 1985, 30 in which it expressed its deep concern at the continuing serious and systematic violations ofhuman rights in Guatemala and at restrictive measures that limit the freedoms of the rural and indigenous populations, Mindful of resolution 1985/28 of 30 August 1985 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, 181 Welcoming the general elections held on 3 November 1985 for President, Vice-President and representatives to the national Congress and ofmunicipalities, with the parti- cipation of various política! parties, Noting with satisfaction the set of provisions to safe- guard human rights and fundamental freedoms contained in the new Constitution, which, when fully complied with by the new Govemment and ali others concemed, could lead to a significant improvement in the situation of human rights in Guatemala, Alarmed at the continuation of politically motivatrd violence, particularly killings and kidnappings, as well as enforced and involuntary disappearances and the lack of effective measures by the authorities in investigating such practices, Recognizing that the internal armed conflict of a non- intemational character which continues to exist in Guate- mala stems from economic, social and política! factors of a structural nature, Expressing its concern at the widespread suffering caused by disregard for the principies of international humanitarian law applicable to that conflict, Welcoming the co-operation ofthe Government ofGua- temala with the Special Rapporteur of the Commission on Human Rights as well as the invitation by the Govem- ment to severa! international human rights organizations to assess the situation of human rights and fundamental freedoms. 250 General Assembly- f'ortieth Session l. Welcomes the efforts of the Special Rapporteur of the Commission on Human Rights to fulfil his mandate and takes note of his interim report on the situation of human rights in Guatemala, 187 submitted in accordance with Commission rcsolution 1985/36; 2. Expresses the hope that the recent elections will be the first step in a process lcading to complete and effective enjoyment of human rights by the people of Guatemala; 3. Notes with satisfaction that a new Government and Congress are to take oflk,e on 14 January l 986, following a second round in the presidential elcctions on 8 December 1985, and that a new Constitution, which provides, ínter alía, for the establishment of a national commission on human rights as well as a commissioner for human rights, is to take effect on the same date in January 1986; 4. Reiterares its deep concern at the continuing grave and widespread violations of human rights in Guatemala, particularly thc violence against non-combatants, the widespread repression, killings, including extrajudicial executions, the practice of torture, disappearances and secret detention, as well as at practices such as the dis- placement of rural and indigenous populations, their con- finement in development centres and their forced partici- pation in civilian patrols organized and controlled by the armed forces; 5. Strongly urges the Government of Guatemala to take ali measures necessary to halt violations of human rights and fundamental freedoms, particularly enforced and involuntary disappearances, as well as to take effective measures, within the framework of the Constitution, to ensure that all its authorities and agencies, civilian as well as military, fully respect the human rights and fundamen- tal freedoms of all Guatemalans, such as trade unionists, catechists and the predominantly indigenous rural and peasant population; 6. Again requests the Government of Guatemala to investigate and clarify the fate of those who have disap- peared and whose whereabouts continue to be unknown, and to include within the framework of such an investiga- tion the publication of the ful! details of the report of the Tripartite Commission; 1. Further urges the Governmcnt of Guatemala to establish the necessary conditions to ensure the indepen- dence 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 effec- tively those who are responsible for violations of human rights, including members of the military and security forces; 8. Calls upon the Government of Guatemala to allow independent and impartial bodies to function in the coun- try to monitor and investigate alleged human rights viola- tions, as well as to respect and protect human rights defenders such as the Mutual Support Group; 9. Calls upon the Government of Guatemala to guar- antee to the rural and indigenous population the freedom to choose their place of residence and freedom from forced participation in civilian patrols; 10. Calls upon ali parties to the conflict to apply fully the principies and rules of international humanitarian law and reitera tes its appeal to the Government of Guatemala to admit the International Committee of the Red Cross to the country, and subsequently to facilitate its operations for the alleviation of the suffering of the Guatemalan people; l l. Calls upon ali Governments to refrain from inter- vening in any way in the interna! situation in Guatemala, 187 A/40/865, annex. which could intensify the interna! am1ed conflict and increase violations of human rights; l 2. Deeply deplores the continuing gross violations of human rights arising from that conflict, which are largely duc to the failure ofthe military and security forces to con- duct their activities with the necessary respect for protec- ting the human rights of ali Guatemalans; 13. Invites the Government of Guatemala and other parties concerncd to continue co-operating with the Spe- cial Rapporteur of the Commission on Human Rights; 14. Invites the Commission on Human Rights to study carefully the report of its Special Rapporteur, as well as other information pertaining to the human rights situation in Guatemala, and to consider further steps for securing effective respect for human rights and fundamental free- doms for ali in that country including, if so requested by the Government of Guatemala, the provision of appropri- ate technical assistance under the programme of advisory services in the field of human rights; 15. Decides to continue its examination of the situa- tion of human rights and fundamental freedoms in Guate- mala at its forty-first session. 116th plenary meeting 13 December 1985 40/141. Situation of human rights in the Islamic Republic of Iran The General Assembl.v, Guided by the principies embodied in the Charter ofthe United Nations, the Universal Declaration of Human Rights6 and the International Covenants on Human Rights, 24 Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have under- taken under the various international instruments in this field, Recalling Commission on Human Rights resolutions 1982/27 of 11 March 198227 and 1983/34 of 8 March 1983,28 Bearing in mind Commission on Human Rights resolu- tion 1984/54 of 14 March 1984,29 in which the Commis- sion expressed deep concern at the continuing serious vio- lations of human rights and fundamental freedoms in the Islamic Republic of Iran and requested its Chairman to appoint a special representative to make a thorough study of the situation of human rights in that country, Taking note, in particular, of Commission on Human Rights resolution 1985/39 of 13 March 1985, 30 by which the Commission decided to extend the mandate of its Spe- cial Representative for one year and requested him to present an interim report to the General Assembly at its fortieth session on the situation of human rights in the Islamic Republic of Iran, including the situation of minor- i ty groups such as the Baha'is, and a final report to the Commission at its forty-second session, Mindful of resolution 1985/ 17 of 29 August 1985 of the Sub-Commission on Prevention of Discrimination and Protection ofMinorities,181 in which the Sub-Commission expressed its alarm at the continuing reports of gross viola- tions of human rights and fundamental freedoms in the lslamic Republic of Iran, Regretting that the Government of the Islamic Republic of Iran has still not extended its full co-operation to the Commission on Human Rights and its Special Represen-

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