Situation of Human Rights and Fundamental Freedoms in Guatemala

A/RES/40/140No PDF available

Who created this mandate?

A Resolution of the General Assembly, published in 1986.

What other versions does this mandate have?

4 versions · 1983–1986

1986A/RES/40/140Situation of human rights and fundamental freedoms in GuatemalaLatestCompare with previous version
1985A/RES/39/120Situation of human rights and fundamental freedoms in GuatemalaCompare with previous version
1984A/RES/38/100Situation of human rights and fundamental freedoms in GuatemalaCompare with previous version
1983A/RES/37/184Situation of human rights and fundamental freedoms in Guatemala

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

What subjects does this mandate have?

15 topics

Advisory Services Amerindians Commissions of Inquiry Constitutions Detained Persons Disappearance of Persons Elections Freedom of Movement Guatemala Habeas Corpus Human Rights Human Rights Violations Humanitarian Assistance Judicial Independence Technical Cooperation

What does this mandate say?

12 operative paragraphs

Welcomes the efforts of the Special Rapporteur of the Commission on Human Rights to fulfil his mandate and takes note of his interim report on the situation of human rights in Guatemala, 187 submitted in accordance with Commission rcsolution 1985/36;

Expresses the hope that the recent elections will be the first step in a process lcading to complete and effective enjoyment of human rights by the people of Guatemala;

Notes with satisfaction that a new Government and Congress are to take oflk,e on 14 January l 986, following a second round in the presidential elcctions on 8 December 1985, and that a new Constitution, which provides, ínter alía, for the establishment of a national commission on human rights as well as a commissioner for human rights, is to take effect on the same date in January 1986;

Reiterares its deep concern at the continuing grave and widespread violations of human rights in Guatemala, particularly thc violence against non-combatants, the widespread repression, killings, including extrajudicial executions, the practice of torture, disappearances and secret detention, as well as at practices such as the displacement of rural and indigenous populations, their confinement in development centres and their forced participation in civilian patrols organized and controlled by the armed forces;

Strongly urges the Government of Guatemala to 5. take ali measures necessary to halt violations of human rights and fundamental freedoms, particularly enforced and involuntary disappearances, as well as to take effective measures, within the framework of the Constitution, to ensure that all its authorities and agencies, civilian as well as military, fully respect the human rights and fundamental freedoms of all Guatemalans, such as trade unionists, catechists and the predominantly indigenous rural and peasant population;

Again requests the Government of Guatemala to investigate and clarify the fate of those who have disappeared and whose whereabouts continue to be unknown, and to include within the framework of such an investigation the publication of the ful! details of the report of the Tripartite Commission;

Further urges the Governmcnt 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 who are responsible for violations of human rights, including members of the military and security forces;

Calls upon the Government of Guatemala to allow independent and impartial bodies to function in the country to monitor and investigate alleged human rights violations, as well as to respect and protect human rights defenders such as the Mutual Support Group;

Calls upon the Government of Guatemala to guarantee to the rural and indigenous population the freedom to choose their place of residence and freedom from forced participation in civilian patrols;

Calls upon ali parties to the conflict to apply fully the principies and rules of international humanitarian law and reitera tes its appeal to the Government of Guatemala to admit the International Committee of the Red Cross to the country, and subsequently to facilitate its operations for the alleviation of the suffering of the Guatemalan people;

l l. Calls upon ali Governments to refrain from intervening in any way in the interna! situation in Guatemala, which could intensify the interna! am1ed conflict and increase violations of human rights;

l 2. Deeply deplores the continuing gross violations of human rights arising from that conflict, which are largely duc to the failure ofthe military and security forces to conduct their activities with the necessary respect for protecting the human rights of ali Guatemalans;

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

Invites 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 ali in that country including, if so requested by the Government of Guatemala, the provision of appropriate technical assistance under the programme of advisory services in the field of human rights;

Decides to continue its examination of the situation of human rights and fundamental freedoms in Guatemala at its forty-first session.

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