A/RES/41/161 GA

VI. Resolutions adopted on the reports of the Third Committee 209 Rights and on the basis of comments provided by States and international organizations. 97th p/enary meeting 4 December 1986 41/161. Situation of human rights and fundamental freedoms in Chile The General Assembly, A ware of its responsibility to promote and encourage re- spect for human rights and fundamental freedoms and de- termined to remain vigilant with regard to violations of human rights wherever they occur, Noting the obligation of the Government of Chile to re- spect and protect human rights in accordance with the in- ternational instruments to which Chile is a party, Bearing in mind that the concern of the international community at the situation of human rights in Chile was expressed by the General Assembly in a number of resolu- tions, particularly resolution 33/173 of20 December 1978 on disappeared persons and resolution 40/145 of 13 December 1985, in which the Assembly invited the Commission on Human Rights to adopt the most appro- priate measures for the effective restoration of human rights and fundamental freedoms in that country, includ- ing the extension of the mandate of the Special Rappor- teur, Considering that the Special Rapporteur proposes to submit to the Commission on Human Rights at its forty- third session a final report on the situation ofhuman rights in Chile, Recalling the pertinent resolutions of the Commission on Human Rights, particularly resolution 1986/63 of 14 March 1986,31 in which the Commission decided, in- ter afia, to extend the mandate of the Special Rapporteur for one year and to consider this subject as a matter of high priority, in view of the persistence of serious violations of human rights in Chile, Dep/oring once again the fact that the repeated appeals of the General Assembly, the Commission on Human Rights and other international organs to re-establish hu- man rights and fundamental freedoms have been ignored by the Chilean authorities, Considering certain reports prepared by various non- governmental organizations which have made public the serious violations of human rights in Chile, Noting that certain measures, such as the re- introduction of the labour tribunals and the establishment of the Advisory Commission on Human Rights of the Ministry of the Interior, are insufficient owing to the re- strictions imposed on their competence and that the deci- sion not to banish opponents and expel them from the country does not limit the existing discretional powers, 1. Takes note with interest of the preliminary report of the Special Rapporteur on the situation of human rights in Chile, 163 submitted in accordance with Commission on Human Rights resolution 1986/63; 2. Recognizes, as a positive fact, that the Government of Chile permitted the Special Rapporteur to visit the country in December 1985, providing him with its co- operation and free access to the facilities for conducting bis investigation and expresses its confidence that a further visit will be authorized on the same conditions in the im- 163 A/41/719, annex. mediate future; at the same time, it regrets that this co- operation of the Government of Chile with the efforts of the United Nations has not led to a substantial improve- ment in human rights and fundamental freedoms; 3. Expresses its deep distress at the absence of institu- tional machinery which protects the unrestricted exercise of civil, political, economic, social and cultural rights, a basic condition for the free expression of the people's will; 4. Expresses its deep concern at the persistence of seri- ous violations ofhuman rights in Chile, as described in the report ofthe Special Rapporteur, which refers to such vio- lations as deaths, abductions, temporary disappearances, torture and ill-treatment by the security forces, the climate of insecurity, the maintenance of exile and the discrimina- tory character of the announced list of citizens authorized to return to the country and the denial of fundamental rights and freedoms through the maintenance of arbitrary executive powers during the prolonged period in which states of emergency have remained in force and the recent re-establishment of the state of siege; 5. Expresses its concern at the denial by the Chilean authorities of the exercise of the rights of free expression, assembly and association, through the use of repressive methods and violent responses to social and political de- monstrations of opposition, in particular military searches of marginal settlements and university premises and acts • of intimidation against religious and lay human rights bodies; 6. Again expresses its conviction that a legal and politi- cal order based on the expression of the people's will through an electoral process open, on a footing of equality, to all the citizens and on free elections is fundamental for full respect for human rights in Chile as it is in any other country; 7. Expresses its grave concern at the ineffectiveness of the governmental authorities in preventing the ill- treatment of individuals by the military, police and security forces and expresses particular concern at the fail- ure of the competent judicial authorities to take the neces- sary steps to conduct full investigations and prosecute those responsible for the numerous unresolved cases of murder, abduction, disappearances and torture; 8. Welcomes with satisfaction the requests from vari- ous social and political sectors for the re-establishment of a pluralist democracy; 9. Emphasizes the need for the Government ofChile to restore and respect human rights in conformity with the principies of the Universal Declaration of Human Rights2 and in compliance with the obligations it has assumed un- der various international instruments, so that the principie of legality, democratic institutions and the effective enjoy- ment and exercise of human rights and fundamental free- doms may be restored, and, in particular: (a) To put an end immediately to the state of siege de- clared in September 1986 and to the arbitrary practice of declaring "constitutional states of emergency" under which serious and continuing violations of human rights are committed in the country; (b) To amend legislation, including the laws permit- ting the arbitrary use of such states of emergency, so as to bring them into conformity with guarantees of human rights, as defined in international instruments; (e) To put an end immediately to all forms ofphysical and psychological torture and to respect effectively the right to life and to physical and moral integrity, and to de- sist, furthermore, from intimidation and persecution, ab- 210 General Assembly-Forty-first Session ductions, arbitrary arrests and detention in secret loca- tions; (el) To proceed as a matter of urgency, through judi- cial and administrative action, to investigate ali reports of deaths, torture, abductions and other human rights viola- tions by the military, police and security forces and to punish those found guilty of such violations; (e) To proceed vigorously to end the activities ofbands and groups, whether private or connected with security forces, which are responsible for abductions resulting in deaths, intimidation and ill-treatment of persons; (j) To investigate and clarify without further delay the fate of persons arrested for political reasons who have subsequently disappeared; (g) To reorganize the police and security forces so as to help put an end to persistent human rights violations; (h) To ensure the independence of the judiciary and the maximum effectiveness of judicial remedies, particu- larly amparo or habeas corpus, to prevent the intimidation of judges, defence lawyers and witnesses, and to re- establish the jurisdiction of the civilian courts delegated to the military courts; (1) To guarantee that anti-terrorist legislation is not used against persons who have not committed terrorist acts; that persons inculpated in acts of violence or terror- ism are accorded due process of law and respect for their rights, and that the accusation of terrorism is not adduced as ajustification for any abuse of authority, torture and in- humane treatment; (J) To respect the right ofnationals to live in and freely enter and leave their country, without arbitrary restric- tions or conditions, and to put an end to the practice of forced exile; (k) To restore the full enjoyment and exercise of eco- nomic, social and cultural rights, particularly labour rights and the right to freedom of information, and to pre- serve the socio-cultural identity of ethnic minorities; ([) To respect the activities of organizations and per- sons related to the protection and promotion of human rights; 10. Invites the Commission on Human Rights to con- sider, as a matter ofhigh priority, the report ofthe Special Rapporteur, taking account of the relevant information at its disposal; to take the most appropriate steps for the ef- fective restoration of human rights and fundamental free- doms in Chile, including extending the mandate of the Special Rapporteur; and to report to the General Assem- bly at its forty-second session, through the Economic and Social Council, with a view to examining the human rights situation in Chile. 97th plenary meeting 4 December J 986

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