A/RES/43/158 GA

VI. Resolutions adopted on the reports of the Third Committee 227 opportunity for all citizens to become candidates and put forward their political views, individually and in co- operation with others; 4. Reaffirms that apartheid should be abolished, that the systematic denial or abridgement of the right to vote on the grounds of race or colour is a gross violation of hu- man rights and an affront to the conscience and dignity of mankind, and that the right to participate in a political system based on common and equal citizenship and uni- versal franchise is essential for the exercise ofthe principie of periodic and genuine elections; 5. Calls upan the Commission on Human Rights, at its forty-fifth session, to consider appropriate ways and means of enhancing the effectiveness of the principie of periodic and genuine elections, in the context of full re- spect for the sovereignty of Member States, and to report to the General Assembly at its forty-fourth session, through the Economic and Social Council; 6. Decides to include in the agenda of its forty-fourth session an item entitled "Enhancing the effectiveness of the principie of periodic and genuine elections". 75th plenary meeting 8 December 1988 43/158. Situation of human rights and fundamental freedoms in Chile The General Assembly, Guided by the purposes and principies of the Charter of the United Nations and bearing in mind the Universal Declaration of Human Rights,2 the International Cove- nant on Economic, Social and Cultural Rights20 and the International Covenant on Civil and Political Rights,20 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 has been expressed by the General Assembly in a number of resolutions, particularly resolution 33/173 of 20 Decem- ber 1978 on disappeared persons and resolution 42/147 of 7 December 1987, in which the Assembly invited the Commission on Human Rights to take the most appropri- ate steps for the effective restoration of human rights and fundamental freedoms in that country, including the ex- tension of the mandate of the Special Rapporteur, Recalling the pertinent resolutions of the Commission on Human Rights, particularly resolution 1988/78 of 10 March 1988, 21 in which the Commission decided, in ter alia, in view of the persistence of serious violations of hu- man rights in Chile, to extend the mandate of the Special Rapporteur for one year and to consider that subject as a matter of high priority, Considering the referendum held on 5 October 1988 to be an importan! step towards the restoration of democracy in Chile, Noting the formal acceptance of the results of the refer- endum and the increase in political activity in Chile, Noting with satisfaction the termination of the two states of emergency and of the prohibition of free movement into and out of the country, Deploring the fact that, notwithstanding the repeated visits of the Special Rapporteur to Chile and the adoption of positive measures by the Government, the institutional and legal framework that makes violations of human rights possible has remained unchanged, Noting that, although opposition publications have in sorne cases been authorized, they are frequently subject to arbitrary restrictions and limitations, 1. Takes note with interest of the provisional report of the Special Rapporteur, 178 submitted in accordance with Commission on Human Rights resolution 1988/78; 2. Welcomes the positive fact that the Government of Chile has decided to continue to co-operate with the Spe- cial Rapporteur and again permitted him to visit the coun- try in October 1988, providing him with free access to the facilities for compiling his report, and expresses its confi- dence that a further visit will be authorized on the same conditions in the immediate future; 3. Welcomes the decision of the Government of Chile to respect the result of the referendum of 5 October 1988 asan expression ofthe will ofthe people andan important step towards the rapid restoration of democracy in Chile; 4. Urges the Government of Chile to take the neces- sary measures to facilitate the full re-establishment of a democratic, pluralist and representative system based on the principie of popular sovereignty; 5. Notes with satisfaction the decision of the Govern- ment of Chile to lift the two states of emergency imposed fifteen years ago, permitting greater political activity in the country; 6. Expects that the measures already adopted by the Government of Chile in favour of a transition to democ- racy will lead to a genuine improvement in the situation of human rights and fundamental freedoms of the Chilean people; 7. Expresses once again its concern at the persisten ce of serious violations of human rights and fundamental free- doms in Chile, as stated in the provisional report of the Special Rapporteur; 8. Again urges the Government of Chile to put an end to this situation and to the legislation that makes it possi- ble; to continue adopting measures to permit the restora- tion of the rule of law in Chile; to ensure the independence of the judiciary and the effectiveness of judicial remedies; to respect human rights in accordance with the principies of the Universal Declaration of Human Rights and to comply with its obligations under various international in- struments in order to ensure the enjoyment and effective exercise of human rights and fundamental freedoms; 9. Urges the Government of Chile to authorize, in ac- cordance with the recommendations of the Special Rap- porteur and in conformity with existing laws, the official publication of the International Covenant on Civil and Political Rights and the International Covenant on Eco- nomic, Social and Cultural Rights; 10. Invites the Commission on Human Rights to con- sider at its forty-fifth session, as a matter of high priority, the situation ofhuman rights in Chile, bearing in mind the report of the Special Rapporteur and the pertinent avail- able information, to consider also the measures necessary for the restoration of human rights in Chile, including the extension of thc mandate of the Special Rapporteur, and 178 A/43/624. annéX 228 General Assembly-Forty-third Session to report to the General Assembly at its forty-fourth ses- sion. 75th plenary meeting 8 December 1988 43/159. Question of enforced or involuntary disappear- ances The General Assembly, Recalling its resolution 33/173 of 20 December 1978 concerning disappeared persons, and its resolution 42/142 of 7 December 1987 on the question of enforced or in- voluntary disappearances, Deeply concerned about the persistence, in certain cases, of the practice of enforced or in voluntary disappearances, and about the fact that, in certain cases, the families of disappeared persons have been the target of intimidation and ill-treatment, Expressing its profound emotion at the anguish and sor- row of the families concerned, who are unsure of the fate of their relatives, Convinced of the need to continue implementing the provisions ofits resolution 33/173 and ofthe other United Nations resolutions on the question of enforced or in- voluntary disappearances, with a view to finding solutions for cases of disappearances and helping to eliminate such practices, Bearing in mind Commission on Human Rights resolu- tion 1988/34 of 8 March 1988,27 l. Expresses its appreciation to the Working Group on Enforced or Involuntary Disappearances for its humanitarian work and to those Governments that have co-operated with it; 2. Welcomes the decision of the Commission on Hu- man Rights to extend for two years the term of the man- date of the Working Group, as defined in Commission resolution 20 (XXXVI) of 29 February 1980, 53 while maintaining the principie of annual reporting by the W orking Group; 3. Also welcomes the provisions made by the Commis- sion on Human Rights in its resolution 1986/55 of 13 March 198660 to enable the Working Group to fulfil its mandate with greater efficiency; 4. Further welcomes the progress made in the prepara- tion of the draft declaration on enforced or involuntary disappearances; 5. Appeals to the Governments concerned, particularly those which have not yet replied to the communications addressed to them by the Working Group, to co-operate fully with the Working Group so as to enable it, with re- spect for its working methods based on discretion, to per- form its strictly humanitarian role, and in particular to reply more quickly to the requests for information ad- dressed to them by the Working Group; 6. Encourages the Governments concerned to consider the wish of the Working Group, when such a wish is ex- pressed, to visit their countries, thus enabling the Working Group to fulfil its mandate even more effectively; 7. Extends its warm thanks to the Governments that have invited the Working Group; 8. Appeals to the Governments concerned to take steps to protect the families of disappeared persons against any intimidation or any ill-treatment ofwhich they may be thc target; 9. Ca/Is upon the Commission on Human Rights to continue to study this question as a matter of priority and to take any step it may deem necessary to the pursuit of the task of the Working Group when it considers the re- port to be submitted by the Working Group to the Com- mission at its forty-fifth session; 1 O. Renews its request to the Secretary-General to con- tinue to provide the Working Group with ali necessary facilities. 75th plenary meeting 8 December 1988

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