Chile.

• Position: Human rights

Chile

The situation of human rights in Chile has been under consideration by the United Nations since 1974. In 1978, the Assembly expressed "indignation' at continuing grave violations of human rights in Chile, as well as "concern and dismay' at the refusal of Chilean authorities to accept responsibility or to account for a "large number of persons reported to have disappeared for political reasons'.

The Commission on Human Rights was asked to appoint a Special Rapporteur on the Situation of Human Rights in Chile. Abdoulaye Dieye (Senegal) served in that capacity from 1979 until his death last March. Rajsoomer Lallah (Mauritius) was appointed on 1 June 1983 to the position.

The Third Committee reviewed his report (document A/38/385 and Add.1) on the situation of human rights in Chile, which covers the first six months of 1983. A 52-page addendum modifies some of its assertions.

The report states that protest against the Constitution that entered into force in March 1981 is fast becoming more widespread, provoking increasingly severe repression. The Constitution provides in principle for a republican form of representative government, for the protection of human rights and for the independence of the judiciary. However, the bulk of its provisions remain suspended through 1989. Meanwhile, absolute constituent and legislative powers are vested in the Government junta and executive powers in the President, perpetuating the regime that existed previously.

Lately, the Special Rapporteur continues, the absence of mechanisms to facilitate citizens' participation in public life, together with a serious economic crisis, have caused increasingly acute social tensions in Chile. The Special Rapporteur cites "national protest days' called in May, June and July by trade unions and underground political organizations. He cites a threefold increase in arrests in the first half of 1983 as compared to 1981 or 1982, and says the majority were illegal arrests aimed at the persecution of dissidents.

Also, the whereabouts of 635 detainees missing since the period between 1973 to 1977 remain unknown, the report states. In instances where bodies have been discovered and members of the military have been deemed responsible, civilian courts have declared themselves incompetent and military courts have invoked amnesty decrees relating to military personnel. The Special Rapporteur finds himself "unable to say that any effort has been made by Chile to meet the concerns...