Situation of human rights and fundamental freedoms in Chile

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

1. Commends the Special Rapporteur on the situation of human rights in Chile for his report, prepared in accordance with Commission on Human Rights resolution 1983/38;

2. Reiterates its grave concern at the persistence of and increase in serious and systematic violations of human rights in Chile, as described in the report of the Special Rapporteur;

3. Expresses once again its concern at the disruption of the traditional democratic legal order and its institutions, through the maintenance of exceptional legislation, the institutionalization of various states of emergency and the existence of a Constitution in Chile which does not reflect a freely expressed popular will and the provisions of which not only fail to guarantee the enjoyment of human rights and fundamental freedoms but also suppress, suspend or restrict the exercise of those rights and freedoms;

4. Reiterates also its serious concern at the inefficacy of the recourses of habeas corpus or amparo and of protection in view of the fact that the judiciary in Chile does not exercise its functions fully in this respect, except with severe restrictions;

5. Once again requests the Chilean authorities to respect and promote human rights in compliance with the obligations they have assumed under various international instruments and, in particular, to end the regime of exception and especially the practice of declaring states of emergency, under which serious and continuing violations of human rights are committed, and to restore the principle of legality, democratic institutions and the effective enjoyment and exercise of civil and political rights and fundamental freedoms without any discrimination;

6. Once more urges the Chilean authorities to investigate and clarify the fate of persons who have disappeared for political reasons, to inform their families of the results of such investigation and to bring to trial and punish those responsible for their disappearance;

7. Reiterates its appeal to the Chilean authorities to put an end to intimidation and persecution, as well as arbitrary detentions and imprisonment in secret places and the practice of torture and other forms of cruel, inhuman or degrading treatment which have resulted in unexplained deaths, and to respect the right of persons to life and physical integrity;

8. Expresses its concern at the violent suppression of the ever larger and more widespread popular protests in the face of the incapacity of the authorities to restore human rights and fundamental freedoms, as reported by the Special Rapporteur, which have resulted in serious, flagrant and systematic violation of human rights, including mass detentions and numerous deaths;

9. Once again urges the Chilean authorities to respect the right of Chileans to live in and freely enter and leave their country, without restrictions or conditions, and to cease the practice of "relegation"(assignment of forced residence) and forced exile;

10. Renews its appeal to the Chilean authorities to restore the full enjoyment and exercise of trade union rights, in particular the right to organize trade unions, the right to collective bargaining and the right to strike;

11. Once more urges the Chilean authorities to protect and restore the economic, social and cultural rights of the population and, in particular, to respect the rights intended to preserve the cultural identity and improve the social status of the indigenous population;

12. Concludes, on the basis of the report of the Special Rapporteur, that it is necessary to keep under consideration the situation of human rights in Chile;

13. Calls again upon the Chilean authorities to co-operate with the Special Rapporteur and to submit their comments on his report to the Commission on Human Rights at its fortieth session;

14. Invites the Commission on Human Rights to study in depth the report of the Special Rapporteur at its fortieth session and to take the most appropriate steps for the effective restoration of human rights and fundamental freedoms in Chile, including the extension of the mandate of the Special Rapporteur for one more year, and requests the Commission to report, through the Economic and Social Council, to the General Assembly at its thirty-ninth session.