Situation of Human Rights and Fundamental Freedoms in Chile

A/RES/41/161No PDF available

Who created this mandate?

A Resolution of the General Assembly, published in 1987.

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?

12 topics

Chile Civil and Political Rights Economic, Social and Cultural Rights Elections Exiles Human Rights Judicial System Laws and Regulations Legal Remedies Police Power Prisoner Treatment State of Emergency

What does this mandate say?

21 operative paragraphs

Takes note with interest of the preliminary report of the Special Rapporteur on the situation of human rights in Chile, 163 submitted in accordance with Commission on Human Rights resolution 1986/63;

Recognizes, as a positive fact, that the Government of Chile permitted the Special Rapporteur to visit the country in December 1985, providing him with its cooperation and free access to the facilities for conducting bis investigation and expresses its confidence that a further visit will be authorized on the same conditions in the immediate future; at the same time, it regrets that this cooperation of the Government of Chile with the efforts of the United Nations has not led to a substantial improvement in human rights and fundamental freedoms;

Expresses its deep distress at the absence of institutional machinery which protects the unrestricted exercise of civil, political, economic, social and cultural rights, a basic condition for the free expression of the people's will;

Expresses its deep concern at the persistence of serious violations ofhuman rights in Chile, as described in the report ofthe Special Rapporteur, which refers to such violations as deaths, abductions, temporary disappearances, torture and ill-treatment by the security forces, the climate of insecurity, the maintenance of exile and the discriminatory character of the announced list of citizens authorized to return to the country and the denial of fundamental rights and freedoms through the maintenance of arbitrary executive powers during the prolonged period in which states of emergency have remained in force and the recent re-establishment of the state of siege;

Expresses its concern at the denial by the Chilean authorities of the exercise of the rights of free expression, assembly and association, through the use of repressive methods and violent responses to social and political demonstrations of opposition, in particular military searches of marginal settlements and university premises and acts • of intimidation against religious and lay human rights bodies;

Again expresses its conviction that a legal and political order based on the expression of the people's will through an electoral process open, on a footing of equality, to all the citizens and on free elections is fundamental for full respect for human rights in Chile as it is in any other country;

Expresses its grave concern at the ineffectiveness of the governmental authorities in preventing the illtreatment of individuals by the military, police and security forces and expresses particular concern at the failure of the competent judicial authorities to take the necessary steps to conduct full investigations and prosecute those responsible for the numerous unresolved cases of murder, abduction, disappearances and torture;

Welcomes with satisfaction the requests from various social and political sectors for the re-establishment of a pluralist democracy;

Emphasizes the need for the Government ofChile to restore and respect human rights in conformity with the principies of the Universal Declaration of Human Rights2 and in compliance with the obligations it has assumed under various international instruments, so that the principie of legality, democratic institutions and the effective enjoyment and exercise of human rights and fundamental freedoms may be restored, and, in particular:

To put an end immediately to the state of siege declared in September 1986 and to the arbitrary practice of declaring "constitutional states of emergency" under which serious and continuing violations of human rights are committed in the country;

To amend legislation, including the laws permitting the arbitrary use of such states of emergency, so as to bring them into conformity with guarantees of human rights, as defined in international instruments;

To put an end immediately to all forms ofphysical and psychological torture and to respect effectively the right to life and to physical and moral integrity, and to desist, furthermore, from intimidation and persecution, ab-

ductions, arbitrary arrests and detention in secret locations;

To proceed as a matter of urgency, through judicial and administrative action, to investigate ali reports of deaths, torture, abductions and other human rights violations by the military, police and security forces and to punish those found guilty of such violations;

To proceed vigorously to end the activities ofbands and groups, whether private or connected with security forces, which are responsible for abductions resulting in deaths, intimidation and ill-treatment of persons;

To investigate and clarify without further delay the fate of persons arrested for political reasons who have subsequently disappeared;

To reorganize the police and security forces so as to help put an end to persistent human rights violations;

To ensure the independence of the judiciary and the maximum effectiveness of judicial remedies, particularly amparo or habeas corpus, to prevent the intimidation of judges, defence lawyers and witnesses, and to reestablish the jurisdiction of the civilian courts delegated to the military courts;

To guarantee that anti-terrorist legislation is not used against persons who have not committed terrorist acts; that persons inculpated in acts of violence or terrorism are accorded due process of law and respect for their rights, and that the accusation of terrorism is not adduced as ajustification for any abuse of authority, torture and inhumane treatment;

To respect the right ofnationals to live in and freely enter and leave their country, without arbitrary restrictions or conditions, and to put an end to the practice of forced exile;

To restore the full enjoyment and exercise of economic, social and cultural rights, particularly labour rights and the right to freedom of information, and to preserve the socio-cultural identity of ethnic minorities;

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To respect the activities of organizations and persons related to the protection and promotion of human rights;

Invites the Commission on Human Rights to consider, as a matter ofhigh priority, the report ofthe Special Rapporteur, taking account of the relevant information at its disposal; to take the most appropriate steps for the effective restoration of human rights and fundamental freedoms in Chile, including extending the mandate of the Special Rapporteur; and to report to the General Assembly at its forty-second session, through the Economic and Social Council, with a view to examining the human rights situation in Chile.

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