Situation of Human Rights and Fundamental Freedoms in Chile

A/RES/40/145View PDF

Who adopted this document and its mandates?

A Resolution of the General Assembly, published in 1986.

What other versions does this mandate have?

7 versions · 1983–1989

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

Year	Symbol	Title	Word length	Text similarity
1989	A/RES/43/158	Situation of human rights and fundamental freedoms in Chile	838	22%Compare
1988	A/RES/42/147	Situation of human rights and fundamental freedoms in Chile	1,663	52%Compare
1987	A/RES/41/161	Situation of human rights and fundamental freedoms in Chile	1,360	26%Compare
1986	A/RES/40/145	Situation of human rights and fundamental freedoms in Chile	1,224	32%Compare
1985	A/RES/39/121	Situation of human rights and fundamental freedoms in Chile	1,259	51%Compare

What’s in this document?

14 operative paragraphs

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Takes note of the preliminary report of the Special Rapporteur on the situation ofhuman rights in Chile, submitted in accordance with Commission on Human Rights resolution 1985/47; 191 2.

Once again expresses its dismay at the suppression in Chile of the traditional democratic legal order and its institutions and their replacement by a constitution which does not reflect the freely expressed will of the people and whose provisions considerably restrict the enjoyment and exercise of human rights and fundamental freedoms through the institutionalization and consolidation of states of emergency and the extension of the jurisdiction of the military tribunals, all of which amounts to an integrated system negating civil and political rights and freedoms;

Expresses its indignation at the persistence of serious and systematic violations of human rights in Chile, in particular the suppression of social protests which has caused a considerable number of deaths and injuries and mass and individual arrests, at the intimidation of national human rights organizations, at the frequent reports oftorture and ill-treatment, and at the treacherous crimes in which the police forces are judicially implicated;

Reiterates its alarm at the fact that, in general, the arbitrary or improper actions ofthe State police and security agencies continue to go unpunished;

Reiterates its concern at the inetfectiveness of the remedies of habeas corpus or of amparo and of protection, owing to the fact that the judiciary, notwithstanding sorne positive actions in this field, does not always exercise its powers of investigation, monitoring and supervision in this respect, and peñorms its functions under severe restrictions which undermine its independence;

Once again calls urgently upon the Chilean authorities to restore and respect human rights in accordance with the obligations they have assumed under various intemational instruments, so as to re-establish the principie of legality, democratic institutions and the etfective enjoyment and exercise of human rights and fundamental freedoms, and, in particular:

To put an end not only to the state of seige, as was done in June 1985, but also to the régime of exception and especially the practice of declaring "constitutional states of emergency" under which serious and continuing violations of human rights are committed;

To investigate and clarify without delay the fate of persons who were arrested for political reasons and later disappeared, to assist and inform their families of the results of such investigation and to bring to tria! and punish those responsible for their disappearance;

To respect the right to life and the right to physical and moral integrity by putting an end to the practice of torture and other cruel, inhuman or degrading treatment or punishment and to put an immediate end to intimidation and persecution as well as to kidnappings, arbitrary or abusive detention and imprisonment in secret places;

To respect the right ofnationals to live in and freely enter and leave their country, without arbitrary restrictions or conditions, and to cease the practice of relegación (assignment to forced residence) and forced exile;

To restore the full enjoyment and exercise oflabour rights, including the right to organize trade unions, the right to collective bargaining and the right to strike, to pul an end to the suppression of the activities of trade union leaders and their organizations and to comply with the provisions of the intemational agreements of the lnternational Labour Organisation to which Chile has subscribed;

(/) To respect and, where necessary, restore economic, social and cultural rights, in particular the rights intended to preserve the cultural identity and improve the economic and social status of the indigenous populations, including the right to their land;

Conc/udes, on the basis ofthe preliminary report of the Special Rapporteur and of other data at its disposal, that it is necessary to continue to monitor the human rights situation in Chile;

Expresses its conviction that an unrestricted, in situ investigation of the human rights situation in Chile requires that the Special Rapporteur, in fulfilment of his mandate, should have access to ali the information and data which could be provided by those persons and bodies that are interested in the situation of human rights in Chile;

Requests the Chilean authorities to co-operate more

fully with the Special Rapporteur and to submit their comments on bis report to the Commission on Human Rights at its forty-second session;

Invites the Commission on Human Rights, at its forty-second session, to proceed to an in-depth consideration of the report of the Special Rapporteur and, taking account of all the relevant information at its disposal, to adopt the most appropriate measures for the etfective restoration of human rights and fundamental freedoms in Chile, including the extension of the mandate of the Special Rapporteur, and requests the Commission to report to the General Assembly at its forty-first session, through the Economic and Social Council.

I 16th plenary meeting

13 December 1985

sion be interpreted as restricting the right of any State to promulgate laws and regulations conceming the entry of aliens and the terrns and conditions oftheir stay orto establish differences between nationals and aliens. Howcvcr, such laws and regulations shall not be incompatible with the intemational legal obligations of that State, including those in the field of human rights.

This Declaration shall not prejudice the enjoyment of the rights accorded by domestic law and of the rights which under intemational law a State is obliged to accord to aliens, even where this Declaration does not recognize such rights or recognizes them to a lesser extent.

ArticleJ

Evcry State shall make public its national legislation or regulations affecting alicns.

Article 4

Aliens shall observe the laws ofthe State in which they reside orare prescnt and regard with respect the customs and traditions of the people of that State.

Artic/e 5

l. Aliens shall enjoy, in accordance with domestic law and subject to the rele-vant intemational obligations ofthe State in which they are present, in particular the following rights:

(a) Toe right to life and security of person; no alien shall be subjected to arbitrary arrest or detention; no alien shall be deprived of bis or her libcrty except on such grounds and in accordance with such procedures as are established by law;

(b) The right to protection against arbitrary or unlawful interference with privacy, family, home or correspondence;

(e) Toe right to be equal before the courts, tribunals and ali other orpns and authorities administering justice and, when necessary, to free assistance of an interpreter in criminal proceedings and, when prescribed by law, other proceedings;

(d) The right to choose a spouse, to marry, to found a family;

(e) Toe right to freedom of thought, opinion, conscience and religion; the right to manifest their religion or beliefs, subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others;

(1) The right to retain thcir own language, culture and tradition;

(g) Thc right to transfer abroad eamings, savings or other personal monetary asscts, subject to domestic currency regulations.

Subject to such restrictions as are prescribed by law and which are necessary in a democratic society to protect national security, public safety, public order, public health or morals or the rights and freedoms of others, and which are consistent with the other rights recognized in the relevant intemational instruments and those set forth in this Declaration, aliens shall enjoy the following rights:

(a) The right to leave the country;

(b) The right to freedom of expression;

(e) The right to peaceful assembly:

(d) Thc right to own property alone as well as in association with others, subject to domestic law.

Subjcct to the provisions referred to in paragraph 2, aliens lawfully in the tcrritory of a State shall enjoy the right to liberty of movement and freedom to choose their residence within the borders of the Sta te.

Subjcct to national legislation and due authorization, the spouse and minor or dependen! children of an alien lawfully residing in the territory of a State shall be admitted to accompany, join and stay with the alien.

Article 6

No alíen shall be subjected to torture or to cruel, inhuman or degrading trcatment or punishment and, in particular, no alíen shall be subjected without his or her free consent to medica! or scientific experimentation.

Artic/e 7

An alien lawfully in the territory of a State may be expelled therefrom only in pursuance of a dccision reached in accordance with law and shall, cxcept where compelling reasons of national security otherwise require, be allowed to submit the reasons why he or she should not be expelled and to have the case reviewed by, and be represented for the purpose before, the competen! authority or a person or persons specially designated by the compctent authority. Individual or collective expulsion of such aliens on grounds of race, colour, religion, culture, descent or national or ethnic origin is prohibited.

Artic/e 8 l. Aliens lawfully residing ,n the territory of a State shall also enjoy, in accordance with the national laws, the following rights, subject to their obligations under article 4:

(a) The right to safe and healthy working conditions, to fair wages and equal remuneration for work of equal value without distinction of any kind, in particular, women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(b) The right to join trade unions and other organizations or associations of their choice and to participate in their activities. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary, in a democratic society, in the interests of national security or public order or for the protection of the rights and freedoms of others:

(e) The right to health protection. medica! care, social security, social serv1ces, education, rest and leisure, provided that they fulfil the requirements under the relevant regulations for participation and that undue strain is not placed on the resources of the State.

With a view to protccting the rights of aliens carrying on lawful paid activities in the country in which they are present, such rights may be specified by the Governments concemed in multilateral or bilateral conventions.

Amele 9 No alien shall be arbitrarily deprived of his or her lawfully acquired assets.

A.nicle JO Any alien shall be free al any time to communicate with the consulate or diplomatic mission of the State of which he or she is a national or, in the absence thereof, with the consulate or diplomatic mission of any other State entrusted with the protcction of the interests of the State of which he or she is a national in the State where he or she resides.

191 A/40/647, annex.

Situation of Human Rights and Fundamental Freedoms in Chile

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