Situation of human rights and fundamental freedoms in El Salvador

The General Assembly,

Guided by the principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the humanitarian rules laid down in the Geneva Conventions of 12 August 1949 and Additional Protocols I and II thereto, of 1977,

Recalling that, in its resolutions 35/192 of 15 December 1980, 36/155 of 16 December 1981, 37/185 of 17 December 1982, 38/101 of 16 December 1983, 39/119 of 14 December 1984, 40/139 of 13 December 1985 and 41/157 of 4 December 1986, it expressed its deep concern at the situation of human rights in El Salvador,

Bearing in mind Commission on Human Rights resolutions 32 (XXXVII) of 11 March 1981, in which the Commission decided to appoint a special representative on the situation of human rights in El Salvador, 1982/28 of 11 March 1982, 1983/29 of 8 March 1983, 1984/52 of 14 March 1984, 1985/35 of 13 March 1985, and 1986/39 of 12 March 1986, as well as Commission resolution 1987/51 of 11 March 1987, whereby it extended the mandate of the Special Representative for another year and requested him to report to the General Assembly at its forty-second session and to the Commission at its forty-fourth session,

Considering that there is an armed conflict of a non-international character in El Salvador in which the parties involved are under an obligation to apply the minimum standards of protection of human rights and humanitarian treatment provided for in article 3 common to the Geneva Conventions of 1949 and in Additional Protocol II thereto, of 1977,

Noting that the Special Representative points out in his report that the question of respect for human rights continues to be an important element of the current policy of the Government of El Salvador, which, within the process of democratic normalization, is achieving increasingly significant and commendable results,

Concerned, however, because violations of human rights are continuing in El Salvador, particularly through the non-compliance with the humanitarian rules of war,

Recalling that on 7 August 1987 at Guatemala City the Central American Governments signed the Agreement entitled "Procedure for the establishment of a firm and lasting peace in Central America", thus manifesting the political will and good faith to fulfil its provisions in order to achieve peace and stability in the region,

Convinced that the strict fulfilment of the commitments assumed by the Government of El Salvador in the Guatemala Agreement will contribute to the promotion, respect and realization of human rights and fundamental freedoms in that country,

Recognizing that the resumption of the dialogue between the Government of El Salvador and the Frente Farabundo Marti para la Liberacion Nacional-Frente Democratico Revolucionario in the context of the Guatemala Agreement constitutes one of the best ways of achieving a solution that will help to improve the situation of human rights of the Salvadorian people,

Aware that the negotiated political solution of the Salvadorian conflict can be cut short if external forces do not support the resumption of the dialogue but instead seek in different ways to spur the prolongation or intensification of the war, with ensuing grave effects on the situation of human rights and the possibilities of economic recovery in El Salvador,

1.         Commends the Special Representative for his report on the situation of human rights in El Salvador;

2.         Notes with interest and emphasizes that it is important that the Special Representative indicated in his report that the question of respect for human rights is an important part of the policy of the Government of El Salvador, which is achieving increasingly significant and commendable results;

3.         Expresses, nevertheless, its concern at the fact that violations of human rights are continuing in El Salvador because, inter#alia, of the non-observance of the humanitarian rules of war;

4.         Trusts that the fulfilment of the undertaking assumed in the Agreement entitled "Procedure for the establishment of a firm and lasting peace in Central America", will lead to an improvement of the situation of human rights and fundamental freedoms in El Salvador;

5.         Expresses its consternation at the assassination of the Co-ordinator of the Commission of Human Rights of El Salvador (non-governmental) and trusts that the authorities of El Salvador will continue investigations leading to the punishment of those responsible;

6.         Recognizes the efforts made by the Government of El Salvador related to the result of the most recent investigations designed to determine the responsibility of the instigators of the assassination of Monsignor Romero and also recognizes the importance of the return to El Salvador of the political leaders of the Frente Democratico Revolucionario;

7.         Is gratified that, with the intention of humanizing the conflict, the Government of El Salvador and the Frente Farabundo Marti para la Liberacion Nacional agreed this year that future evacuations of the war-wounded and war-injured for medical attention would not be made contingent on further prisoner exchanges and negotiations;

8.         Urges the Government of El Salvador and the Frente Farabundo Marti para la Liberacion Nacional-Frente Democratico Revolucionario to continue the dialogue, within the framework of the Guatemala Agreement, until the achievement of a global political solution that will end the armed conflict and promote the broadening and strengthening of a pluralistic and participatory democratic process that will involve the promotion of social justice, respect for human rights and the full exercise of the right of the Salvadorian people to determine freely and without external interference of any kind its economic, political and social system;

9.         Requests the competent bodies of the United Nations system to provide any advice and assistance that the Government of El Salvador may require in order to enhance the promotion and protection of human rights and fundamental freedoms;

10.       Requests the Commission on Human Rights at its forty-fourth session to consider the situation of human rights in El Salvador and the mandate of its Special Representative, taking into account the evolution of the situation of human rights in El Salvador and the developments linked to the fulfilment of the Guatemala Agreement;

11.       Decides to keep under consideration, during its forty-third session, the situation of human rights and fundamental freedoms in El Salvador in order to re-examine this situation in the light of the information provided by the Commission on Human Rights and the Economic and Social Council.