Situation of Human Rights and Fundamental Freedoms in Chile

A/RES/38/102No PDF available

Who created this mandate?

A Resolution of the General Assembly, published in 1984.

What other versions does this mandate have?

7 versions · 1983–1989

This is an older version — the most recent is A/RES/43/158

1989A/RES/43/158Situation of human rights and fundamental freedoms in ChileLatestCompare with previous version
1988A/RES/42/147Situation of human rights and fundamental freedoms in ChileCompare with previous version
1987A/RES/41/161Situation of human rights and fundamental freedoms in ChileCompare with previous version
1986A/RES/40/145Situation of human rights and fundamental freedoms in ChileCompare with previous version
1985A/RES/39/121Situation of human rights and fundamental freedoms in ChileCompare with previous version

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

13 topics

Amerindians Chile Constitutions Detained Persons Disappearance of Persons Extralegal Executions Freedom of Movement Human Rights Human Rights Violations Political Prisoners State of Emergency Torture and Other Cruel Treatment Trade Union Rights

What does this mandate say?

12 operative paragraphs

Commends the Special Rapporteur on the situation of human rights in Chile for his report. 124 prepared in accordance with < ·ommission on Human Rights resolution 1983/38;

Reitera/es its grave conccrn at the persistence of and increase in serious and systcmatic violations of human rights in Chile. as described in thc report of the Special Rapporteur;

Expresses once again its conccm at thc disruption of the traditional dcmocratic legal ordcr and its institutions by 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 hut also suppress, suspcnd or restrict thc exercise of those rights and frecdoms;

A/so reiterares its gral"c conCi'rn at the inefficacy of reeourse to habeas corp111 or amparo and of protertion in view of the fact that the judiciary in Chile does not exercise its powers fully in this respect and carries out its functions under severe restrictions;

Once again rcqucs/1 the Chilean authorities to respect and promote human rights in compliance with the obligations they have assumcd under various international instruments and. in particular. to cnd the régime of exception and especially the practice of dcclaring states of emergency, under which serious and continuing violations of human rights are committcd, and to restore the principie of legality, democratic institutions and the effective enjoyment and exercise of civil and political rights and fundamental freedoms without any discrimination:

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

Reiterares its appea/ to the Chilcan authorities to pul an end to intimidation and persecution. as well as arbitrary detentions and imprisonment in sccret places and the practice of torture and other forms of cruel, inhuman or degrading treatmcnt which havc rcsulted in unexplained deaths, and to re,p\'ct the right of persons to life and physical integrity:

Expresses its concern at the violent suppression of the ever larger and more widespread popular protests in !he facc of the incapacity of the authorities to restore human rights and fundamental freedoms, as reported by the Special Rapporteur. which have resulted in serious, flagran! and systematir violation of human rights, including mass detcntions and numerous deaths:

Once again urges the Chilean authorities to respect the right of Chileans to Iive in and freely enter and leave lheir country. without restrictions or conditions. and to cease thc practice of "relegation" (assignment of forced ,rsidence) and forced cxile;

1 O.

Renflrs 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 collectivc bargaining and the right to strike;

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 mtended to preserve the cultural identity and improve the social status of the indigcnous population;

Conc/udes. 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_ Ca/Is again upon the Chilean authorities to coopcratc with the Special Rapporteur and to submit their commcnts on his report to the Commission on Human Rights at its fortieth session;

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 effecti vc restoration of human rights and fundamental freedoms in Chile, including the extension of the mandate of thc Special Rapporteur for one more year. and requests the Commission to report. through the Economic and Social Council. to thc <irncral Assembly at its thirty-ninth ses-

/O0th p/enary meeting

16 December 1983

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