Situation of Human Rights and Fundamental Freedoms in Chile

A/RES/42/147No PDF available

Who created this mandate?

A Resolution of the General Assembly, published in 1988.

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

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What does this mandate say?

19 operative paragraphs

'J'akes note with interest of the preliminary report of the Special Rapporteur on the situation ofhuman rights in Chile, 173 submitted in accordance with Commission on Human Rights resolution 1987 /60;

Welcomes the positive fact that the Government of Chile permitted the Special Rapporteur to visit the country again in March 1987, providing him with its continuing co-operation and free access to the facilities for conducting his 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 co-operation of the Government of Chile with the efforts ofthe United Nations has not led to a substantial improvement in human rights and fundamental freedoms;

Expresses its deep distress at the absence of a legal and political structure that protects the unrestricted exercise of human rights and fundamental freedoms, a basic condition for the free expression of the people's sovereignty;

Again expresses its conviction that a legal and political order based on the ei.pression of the people's will through an electoral process open, on an equal footing, to ali citizens and on free elections is fundamental to the full respect for human rights in Chile as it is in any other count ry:

Expresses its deep concern at the seriousness of the significant and well-documented complaints of serious violations of human rights in Chile, as described in the report of the Special Rapporteur, which refers to violations of the rights to life, physical and moral integrity, liberty, security, due process and procedural guarantees, the right to en ter and lea ve the country freely, and the rights to freedom of movement and freedom of speech and information;

Expresses its distress al the denial of fundamental rights and freedoms through the maintenance of arbitrary executive powers during the prolonged period in which states of emergency have been in force, at the climate ofinsecurity, the use of unlawful coercion, torture and illtreatment by the security forces, the renewal of administrative banishments and the practice of forced disappearances, as well as the existence of bands and groups. whether prívate or connected with the security forces, that engage with impunity in actions ranging from mtnnidation to assassination;

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 met lrnds and violent responses to demonstrations of social ,111d political opposition, in particular military searches of

marginal settlements and university premises and acts or intimidation against journalists and religious and lay human rights bodies;

Expresses its grave concern at the melfectiveness of the governmental authorities in preventing the illtreatment of individuals by the military, police and security forces and expresses particular concern that the judiciary has often failed to act mdependently and that the competen! authorities have failed to take the necessary steps to conduct full investigations and prosecute those rcsponsible for the numerous unsolvcd cases of abducticm. torture, disappearance and murder;

Urges the Chilean Government to respond to the requests of various social and political sectors for the early. unconditional re-establishment of a pluralist democracy;

Emphasizes the need for the Government of Chile to restore and respect human rights m conformity with thc principies of the Universal Declaration of Human Rights2 and to comply with the obligations it has assumed under various international instruments, so that the principie of legality, democratic institutions and the elfective enjoyment and exercise of human rights and fundamental freedoms may be re-;torcd, and, in particular·

To pulan end immediately to the application of articles 8 and 9 of the Constitution, and supplementary legislation, under which seriou~ and continuing violations of human rights. in particular the rights to life and fret>- dom of thought, are being committcd in the rnuntry;

To put an immediate end to the state of emergency and to the arbitrary practice of declaring "constitutional states of emergency", and amend the legislation, including the laws permitting the arbitrary use of ~uch states of emergency, so as to bring it into line with guarantees of human rights, as defined in international instruments;

To end immediately ali forms of physical and psychological torture and to respect elfectively the right to life and to physical and moral integrity, and to desist, furthermore, from intimidation and persecution, abductions, arbitrary arrests, detention in secret locations, as well as the practices of detention incomm1111icado and assassination:

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, polict> and security forces, as well as by bands and groups, whether prívate or connected with the security forces, and to punish t host> found g11ilty <'I such violations;

( e) To investiga te and clarify without further delay the fate of persons arrested for política( reasons who have ,uh ... cquently disappeared;

(/)

To t>nsure the independence ofthejudiciary and the maximum elfectiveness of judicial remedies, particularly ,1mparo or habeas corpus, and to prevent the intimidation , ¡f judges, defenct> lawyers and witnesses;

To rt>organize the police and security forces so as to l1clp put an end to persistent human rights violations;

To re-establish the jurisdiction of the civilian c:ourts over matters within their competence that have t)Cen delegated to the military courts and to _p_ut an_end to t he appointment of ad hoc prosecutors by m1htary Judges, ª" well as to arbitrary procedural measures and death senlt>nccs imposed for political reasons;

To guarantcc that anti-terrorist legi~lation is n_ot u ... cd against persons who have not comm1tted terronst acts, that persons accused of acts of violence or terrorism ,trc accorded dut> process of law and respect for their rights. and that the accusation ofterrorism is not adduced .1 ... justification for ,my abuse of authority, torture or inhulllane trcatment;

To respect fully the right of nationals to live in a~d frcely enter and ]cave their country, and to puta defimte .:1;..I to the practicc of administrative banishment or internai cxile and to forced exile;

( k) To restore the foil enjoyment and exercise of eco- 11ornic, social and cultural rights, particularly labour and 1 radt> un ion rights and freedom of speech and information, .111d to preserve the socio-cultural identity of the indige- 11tms population;

( [)

To respect the acttv1ttes of institutions, nongovernmental organizations and persons related to the protection and promotion of human rights;

1 1.

Invites the Commission on Human Rights to con- ~ider, as a matter of high priority, the report of the Special Rapporteur, taking account of the relevant information at 1ts 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 Spccial Rapporteur; and to report to the General Assembly at its forty-third session, through the Economic and Social Council, with a view to examining the human rights ,it11ation in Chile

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Situation of Human Rights and Fundamental Freedoms in Chile

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