Situation of human rights and fundamental freedoms in Guatemala : resolution / adopted by the General Assembly

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
Situation of human rights and fundamental freedoms in Guatemala

1. Takes note of the interim report by the Special Rapporteur on the situation of human rights in Guatemala, submitted in accordance with Commission on Human Rights resolution 1984/53;

2. Reiterates its deep concern at the continuing grave and widespread violations of human rights in Guatemala, particularly the violence against non-combatants, the disappearances and killings and the widespread repression, including the practice of torture, the displacement of rural and indigenous people, their confinement in development centres and their forced participation in civilian patrols, organized and controlled by the armed forces;

3. Once again urges the Government of Guatemala to take effective measures to ensure that all its authorities and agencies, including its security forces, fully respect human rights and fundamental freedoms;

4. Renews its call upon the Government of Guatemala to refrain from the forceful displacement of people belonging to rural and indigenous populations and from the practice of coercing them into participation in civilian patrols, leading to human rights violations;

5. Welcomes the fact that many of the persons who were tried by the special tribunals have now been released and invites the Government of Guatemala to publish the list of cases dealt with by the special tribunals;

6. Requests the Government of Guatemala to investigate and clarify the fate of all persons who have been subjected to involuntary or forced disappearances and are still unaccounted for and to put an end to arbitrary detention and imprisonment in secret places;

7. Urges the Government of Guatemala to establish the necessary conditions to ensure the independence 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 effectively those found responsible for violations of human rights, including members of the military and security forces;

8. Calls upon the Government of Guatemala to allow an independent and impartial body to function in the country to monitor and investigate alleged human rights violations;

9. Reiterates its appeal to all parties concerned in Guatemala to ensure the application of the relevant norms of international humanitarian law applicable in armed conflicts of a non-international character to protect the civilian population and to seek an end to all acts of violence;

10. Appeals to the Government of Guatemala to allow international humanitarian organizations to render their assistance in investigating the fate of persons who have disappeared, with a view to informing their relatives of their whereabouts, to visit detainees or prisoners and to bring assistance to the civilian population in areas of conflict;

11. Calls upon Governments to refrain from supplying arms and other military assistance to Guatemala as long as serious human rights violations in that country continue;

12. Urges the Government of Guatemala to ensure a climate free from intimidation and terror which would allow the free participation of all in the political process;

13. Invites the Government of Guatemala and other parties concerned to continue co-operating with the Special Rapporteur of the Commission on Human Rights;

14. Requests 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 freedoms for all in that country;

15. Decides to continue its examination of the situation of human rights and fundamental freedoms in Guatemala at its fortieth session.