A/RES/42/147 GA

V l. Resolutions adopted on the reports of the Third Committee 235 2. Reiterates the need to take, al the national and inter- national levels, measures to promote the right of ali per- sons toan adequate standard of living for themselvc<; and their families, induding adequate h\1using; 3. Calls upon ali States and international organizations concerned to pay special attention to thc 1ealization ofthe right to adequate housing in carrying out measures to de- velop national shelter strategics and settlement improvc- ment programmes within the framework of the global strategy for shelter to thc ycar 2000. 4. Requests the Economic and Social Council and its appropriate functional commissions to keep the question of the right to adequate housing under periodic review; 5. Decides to consider the questio11 again, following consideration thereof by the Economic a11d Social Coun- cil. 93ni plenary meeting 7 l>eceinher 1987 42/147. Situation of human rights and fundamental freedoms in Chile The General Assemhly, Aware of its responsibility to promote and encourage rc- spect for human rights and fundamental freedoms and de- termined to remain vigilant with regard tn violations of human rights where,er they tll'cur, 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 ofresolu- tions, particularly resolution :B/ 173 of 20 Del·ember 1978 on disappeared persons and resolution 41/161 ot 4 December 1986, in which the Assembly invited the Commission on Human Rights to take the most appropri- ate steps for the effective restoratior1 of human rights and fundamental freedoms in that country, induding the ex- tension of the mandate of the Special Rapporteur, Considering that the Special Rapporteur propases to submit to the Commission on Human Rights at its forty- fourth session a final report 1H1 th,: -;ituation nf human rights in Chile, Recalling the pertinent resolutions of the Commission on Human Rights, particularly resolution 1 Q87 /60 of 12 March 1987,20 in which thc Commission decided, in ter alia, to extend the mandatl' of the Special Rapporteur for one year and to eon~ider that suhject as a matter of high priority, in view of the persi<;tence uf ,erÍ()IJS viola tions 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 hu- man rights and fundamental fnxd<'m, h·1, '-' hee11 ignored by the Chilean authllrities. Considering the reports prcpared by var ious non governmental organizations which have made pubhc the serious violations of human rights in Chile, Observing that the maintenancc of -;tates of emergency constitutes a sou1ce nf freque11t violatinn..,, ,f human righh and gives rise to the arbitrary mter·,enti\ln ,ifthe auth,m ties in the free exereise of dcmo--:ratic aetivll ies, Noting that, although opposition publications have in sorne cases been authori,ed. t be,,· ;,r ,• frequ<:ntlv <;11hjected to arbttrary restrictions and limitations, including the de- tention and prosecution of their editors, Regretting that measures taken by the Government of Chile, such as signing international instruments against torture and authorizing the lnternational Committee of the Red Cross to visit places of detention in sorne cases, have not put an end to the practice oftorture and arbitrary detention, Notlng that, in the absence of an institutional framework fór holding free elections, the adoption oflaws on política} parties and electoral registration does not constitute an ex- pression of the people's sovereignty or meet the basic re- quirements of a democratic rule of law or comply with the principie of non-discrimination on grounds of political or other opinions recognized in the International Covenant 011 Civil and Political Rights, 13 l. 'J'akes note with interest of the preliminary report of the Special Rapporteur on the situation ofhuman rights in Chile, 173 submitted in accordance with Commission on Human Rights resolution 1987 /60; 2. Welcomes the positive fact that the Government of Chile permitted the Special Rapporteur to visit the coun- try again in March 1987, providing him with its continu- ing co-operation and free access to the facilities for con- ducting his investigation and expresses its confidence that a further visit will be authorized on the same conditions in the immediate future; at the same time, it regrets that this co-operation of the Government of Chile with the efforts ofthe United Nations has not led to a substantial improve- ment in human rights and fundamental freedoms; :1. Expresses its deep distress at the absence of a legal and political structure that protects the unrestricted exer- cise of human rights and fundamental freedoms, a basic condition for the free expression of the people's sover- eignty; 4. Again expresses its conviction that a legal and politi- cal order based on the ei.pression of the people's will through an electoral process open, on an equal footing, to ali citizens and on free elections is fundamental to the full respect for human rights in Chile as it is in any other coun- t ry: 5. Expresses its deep concern at the seriousness of the significant and well-documented complaints of serious vi- olations of human rights in Chile, as described in the re- port of the Special Rapporteur, which refers to violations of the rights to life, physical and moral integrity, liberty, security, due process and procedural guarantees, the right to en ter and lea ve the country freely, and the rights to free- dom of movement and freedom of speech and information; 6. Expresses its distress al the denial of fundamental rights and freedoms through the maintenance of arbitrary executive powers during the prolonged period in which states of emergency have been in force, at the climate ofin- security, the use of unlawful coercion, torture and ill- treatment by the security forces, the renewal of adminis- trative banishments and the practice of forced disappearances, as well as the existence of bands and groups. whether prívate or connected with the security forces, that engage with impunity in actions ranging from mtnnidation to assassination; 7. 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 met lrnds and violent responses to demonstrations of social ,111d political opposition, in particular military searches of 236 General Assembly-Forty-secnnd Session marginal settlements and university premises and acts or intimidation against journalists and religious and lay hu- man rights bodies; 8. Expresses its grave concern at the melfectiveness of the governmental authorities in preventing the ill- treatment of individuals by the military, police and security forces and expresses particular concern that the judiciary has often failed to act mdependently and that the competen! authorities have failed to take the necessary steps to conduct full investigations and prosecute those rc- sponsible for the numerous unsolvcd cases of abducticm. torture, disappearance and murder; 9. Urges the Chilean Government to respond to the re- quests of various social and political sectors for the early. unconditional re-establishment of a pluralist democracy; 10. Emphasizes the need for the Government of Chile to restore and respect human rights m conformity with thc principies of the Universal Declaration of Human Rights2 and to comply with the obligations it has assumed under various international instruments, so that the principie of legality, democratic institutions and the elfective enjoy- ment and exercise of human rights and fundamental free- doms may be re-;torcd, and, in particular· (a) To pulan end immediately to the application of ar- ticles 8 and 9 of the Constitution, and supplementary legislation, under which seriou~ and continuing violations of human rights. in particular the rights to life and fret>- dom of thought, are being committcd in the rnuntry; (b) To put an immediate end to the state of emergency and to the arbitrary practice of declaring "constitutional states of emergency", and amend the legislation, including the laws permitting the arbitrary use of ~uch states of emergency, so as to bring it into line with guarantees of human rights, as defined in international instruments; (e) To end immediately ali forms of physical and psy- chological torture and to respect elfectively the right to life and to physical and moral integrity, and to desist, further- more, from intimidation and persecution, abductions, ar- bitrary arrests, detention in secret locations, as well as the practices of detention incomm1111icado and assassination: (d) 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, polict> and security forces, as well as by bands and groups, whether prívate or connected with the security forces, and to punish t host> found g11ilty <'I such violations; ( e) To investiga te and clarify without further delay the fate of persons arrested for política( reasons who have ,uh ... cquently disappeared; (/) To t>nsure the independence ofthejudiciary and the maximum elfectiveness of judicial remedies, particularly ,1mparo or habeas corpus, and to prevent the intimidation , ¡f judges, defenct> lawyers and witnesses; (g) To rt>organize the police and security forces so as to l1clp put an end to persistent human rights violations; (/z) To re-establish the jurisdiction of the civilian c:ourts over matters within their competence that have t)Cen delegated to the military courts and to _p_ut an_end to t he appointment of ad hoc prosecutors by m1htary Judges, ª" well as to arbitrary procedural measures and death sen- lt>nccs imposed for political reasons; ( i) To guarantcc that anti-terrorist legi~lation is n_ot u ... cd against persons who have not comm1tted terronst acts, that persons accused of acts of violence or terrorism ,trc accorded dut> process of law and respect for their rights. and that the accusation ofterrorism is not adduced .1 ... justification for ,my abuse of authority, torture or inhu- lllane trcatment; (j) To respect fully the right of nationals to live in a~d frcely enter and ]cave their country, and to puta defimte .:1;..I to the practicc of administrative banishment or inter- nai cxile and to forced exile; ( k) To restore the foil enjoyment and exercise of eco- 11ornic, social and cultural rights, particularly labour and 1 radt> un ion rights and freedom of speech and information, .111d to preserve the socio-cultural identity of the indige- 11tms population; ( [) To respect the acttv1ttes of institutions, non- governmental organizations and persons related to the protection and promotion of human rights; 1 1. Invites the Commission on Human Rights to con- ~ider, as a matter of high priority, the report of the Special Rapporteur, taking account of the relevant information at 1ts 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 Spccial Rapporteur; and to report to the General Assem- bly at its forty-third session, through the Economic and Social Council, with a view to examining the human rights ,it11ation in Chile 93rd plenary meeting 7 December /987

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