A/RES/40/141 GA

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- VI. Resolutions adopted on the reports of tbe Tbird Committee 151 tative, in particular by not allowing the Special Represen- tative to visit the country, Taking into account the specific and detailed allegations ofgrave and extensive violations ofhuman rights to which the Special Representative refers in his interim report on the situation of human rights in the Islamic Republic of Iran 188 and to which the Govemment of that country has not responded, Endorsing the conclusion of the Special Representative that continued monitoring ofthe human rights situation in the Islamic Republic of Iran is called for, l. Takes note with appreciation ofthe interim report of the Special Representative of the Commission on Human Rights on the situation of human rights in the Islamic Republic oflran and ofthe general observations contained therein; 189 2. Expresses its deep concern over the specific and detailed allegations of violations of human rights in the Islamic Republic of Iran to which the Special Representa- tive refers in his interim report, and, in particular, those related to the right to life, such as summary and arbitrary executions, the right to freedom from torture or cruel, inhuman or degrading treatment or punishment, the right to liberty and security ofperson and to freedom from arbi- trary arrest or detention, the right to a fair tria!, the right to freedom of thought, conscience and religion and to free- dom of expression, and the right of religious minorities to profess and practise their own religion; 3. Endorses the conclusion of the Special Representa- tive that, on the basis of the information available to him, specific and detailed allegations concerning grave viola- tions of human rights cannot be dismissed, and urgently appeals to the Govemment ofthe Islamic Republic oflran to respond satisfactorily to these allegations; 4. Urges the Govemment of the Islamic Republic of lran, as a State party to the Intemational Covenant on Civil and Political Rights,7 to respect and to ensure to ali individuals within its territory and subject to its jurisdic- tion the rights recognized in that Covenant; 5. Requests the Commission on Human Rights to study carefully the final report of the Special Representa- tive, as well as other information pertaining to the situa- tion of human rights in the Islamic Republic of Iran, and to consider further steps for securing effective respect for human rights and fundamental freedoms for ali in that country; 6. Urges the Govemment of the Islamic Republic of Iran to extend its full co-operation to the Special Repre- sentative of the Commission on Human Rights, and, in particular, to permit him to visit that country; 7. Requests the Secretary-General to give ali necessary assistance to the Special Representative; 8. Decides to continue its examination of the situation of human rights in the Islamic Republic of Iran, including the situation of minority groups such as the Baha'is, during its forty-first session 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. 188 A/40/874 116th p/enary meeting 13 December 1985 40/142. Status of tbe Convention on tbe Prevention and Punishment of the Crime of Genocide The General Assembly, Recalling its resolution 260 A (III) of 9 December 1948, by which it approved and proposed for signature and rati- fication or accession the Convention on the Prevention and Punishment of the Crime of Genocide, Mindfu/ of the fact that the year 1986 marks the thirty- fifth anniversary of the entry into force ofthe Convention, Reaffirming its conviction that genocide is a crime under intemational law, contrary to the spirit and aims of the United Nations, Expressing its conviction that implementation of the provisions ofthe Convention by ali States is necessary for the prevention and punishment of the crime of genocide, Bearing in mind that the fortieth anniversary of the vic- tory over nazism and fascism in the Second World War is being commemorated in 1985, 1. Once again strongly condemns the crime of geno- cide; 2. Reaffirms the necessity ofintemational co-operation in order to liberate mankind from such an odious scourge; 3. Takes note with appreciation of the fact that many States have ratified the Convention on the Prevention and Punishment of the Crime of Genocide or have acceded thereto; 4. Urges those States that have not yet become parties to the Convention to ratify it or accede thereto without further delay; 5. Invites the Secretary-General to submit to the Gen- eral Assembly at its forty-first session a report on the sta- tus of the Convention; 6. Requests the Commission on Human Rights to con- sider at its forty-second session the question of promoting the full implementation of the Convention and to submit its observations and proposals thereon, through the Eco- nomic and Social Council, to the General Assembly at its forty-first session. 116th plenary meeting 13 December 1985 40/143. Summary or arbitrary executions The General Assemb/y,_ Recalling the provisions of the Universal Declaration of Human Rights,6 which states that every human being has the right to life, liberty and security of person, Having regard to the provisions of the Intemational Covenant on Civil and Political Rights, 7 which states that every human being has the inherent right to life, that this right shall be protected by law and that no one shall be arbitrarily deprived of his life, Recalling a/so its resolution 34/175 of 17 December 1979, in which it reaffirmed that mass and flagrant viola- tions of human rights are of special concern to the United Nations and urged the Commission on Human Rights to take timely and effective action in existing and future cases of mass and flagrant violations of human rights, Recalling further its resolution 36/22 of 9 November 1981, in which it condemned the practice of summary or arbitrary executions, and its resolutions 37 /182 of 17 December 1982, 38/96 of 16 December 1983 and 39/ I I O of 14 December 1984, 189 lh1d .. sect. 11.

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