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

The General Assembly,

Guided by the purposes and principles of the Charter of the United Nations and bearing in mind the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights,

Aware of its responsibility to promote and encourage respect for human rights and fundamental freedoms, and determined to remain vigilant with regard to violations of human rights wherever they occur,

Noting the obligation of the Government of Chile to respect and protect human rights in accordance with the international 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 December 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 appropriate steps for the effective restoration of human rights and fundamental freedoms in that country, including the extension 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, in which the Commission decided, inter alia, in view of the persistence of serious violations of human 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 important step towards the restoration of democracy in Chile,

Noting the formal acceptance of the results of the referendum 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 some 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, 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 Special Rapporteur and again permitted him to visit the country in October 1988, providing him with free access to the facilities for compiling his report, and expresses its confidence 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 as an expression of the will of the people and an important step towards the rapid restoration of democracy in Chile;

4.         Urges the Government of Chile to take the necessary measures to facilitate the full re-establishment of a democratic, pluralist and representative system based on the principle of popular sovereignty;

5.         Notes with satisfaction the decision of the Government 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 democracy 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 persistence of serious violations of human rights and fundamental freedoms 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 possible; to continue adopting measures to permit the restoration 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 principles of the Universal Declaration of Human Rights and to comply with its obligations under various international instruments in order to ensure the enjoyment and effective exercise of human rights and fundamental freedoms;

9.         Urges the Government of Chile to authorize, in accordance with the recommendations of the Special Rapporteur and in conformity with existing laws, the official publication of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;

10.       Invites the Commission on Human Rights to consider at its forty-fifth session, as a matter of high priority, the situation of human rights in Chile, bearing in mind the report of the Special Rapporteur and the pertinent available information, to consider also the measures necessary for the restoration of human rights in Chile, including the extension of the mandate of the Special Rapporteur, and to report to the General Assembly at its forty-fourth session..