Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories : situation of human rights in El Salvador.
1982/28. Question of the violation of human rights and fundamental freedoms in any part of the world, with particular reference to colonial and other dependent countries and territories: situation of human rights in El Salvador99The Commission on Human Rights, Recognizing the permanent validity under all circumstances of the principles embodied in the Charter of the United Nations and in the Universal Declaration of Human Rights,100 Reaffirming once again that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken through the various international instruments in this field, Determined to remain vigilant with regard to violations of human rights wherever they occur and to take measures in order to restore respect for human rights and fundamental freedoms, Recalling that in its resolutions 35/192 of 15 December 1980 and 36/155 of 16 December 1981, the General Assembly expressed its deep concern for the situation of human rights in El Salvador, especially in view of the death of thousands of people and the climate of repression and insecurity preventing in that country, Recalling also its Own resolution 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, Having carefully examined the report of the Special Representative,101 which confirms the persistence to this date of murders, abductions, terrorist acts and all grave violations of human rights and fundamental freedoms in El-Salvador, perpetrated by governmental paramilitary organizations and other armed groups; Noting in particular that the Special Representative, while noting the difficulties currently standing in the way of a normal functioning of justice in El Salvador, underlines the general attitude of passivity and inactivity on the part of the present Salvadorian authorities with regard to the constant violations of human rights in that country, Endorsing resolution 10 (XXXIV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, which states that only respect for article 25 of the International Covenant on Civil and Political Rights102 will assure to the Salvadorian nation, through the participation of all its political forces, the full exercise of its fundamental rights in establishing a democratically elected government, Bearing in mind that the situation in El Salvador, as clearly shown in the report of the Special Representative, has its root causes in internal political economic and social factors, and that conditions in El Salvador for the effective exercise of civil and political rights, as contemplated by the Sub-Commission, do not exist at the present time, Reiterating its appeal to the Salvadorian parties involved, made in its resolution 32 (XXXVII), to reach a peaceful settlement and put an end to violence in order to prevent further loss of lives and alleviate the suffering of the people of El Salvador,
1. Commends the Special Representative for his report on the situation of human rights in El Salvador;
2. Expresses its deepest concern at the deteriorating situation in El Salvador, at the continued violations of human rights and at the resulting suffering of the Salvadorian people, and regrets that the appeals for the cessation of violence made by the General Assembly, the Commission and the international community in general, have not been heeded;
3. Affirms that it is incumbent only on the Salvadorean people to exercise its right to determine freely its political status and freely pursue its economic, social and cultural development and to establish the conditions and undertake the changes most adequate to its aspirations as a people and as a nation without direct or indirect external interference of any kind;
4. Reiterates the appeal made by the General Assembly to the Government of El Salvador to work together with all representative political forces in El Salvador towards a comprehensive negotiated political solution in order to establish, in an atmosphere free from intimidation and terror, the appropriate conditions for the establishment of a democratically elected Government;
5. Draws again to the attention of all Salvadorean parties concerned that the rules of international law, as contained in article 3 common to the Geneva Conventions of 12 August 1949103 on the laws of war, are applicable to armed conflicts not of an international character and requests all parties to the conflicts to apply a minimum standard of protection of human rights and of human treatment to the civilian population;
6. Recalls that in its resolution 36/155 the General Assembly reiterated its appeal to all States to abstain from intervening in the internal situation in El Salvador and to suspend all supplies of arms and any type of military support, so as to allow the political forces in that country to restore peace and security;
7. Calls upon all Salvadorean parties concerned to co-operate fully and not to interfere with the activities of humanitarian organizations dedicated to alleviating the suffering of the civilian population in El Salvador;
8. Strongly urges the Government of El Salvador to take the necessary steps to ensure full respect for human rights and fundamental freedoms in the country;
9. Decides to extend the mandate of the Special Representative for another year and requests him to present his report on further developments in the situation of human rights in El Salvador to the General Assembly at its thirty-seventh session and to the Commission on Human Rights at its thirty-ninth Session;
10. Requests the Secretary-General to give all necessary assistance to the Special Representative of the Commission;
11. Calls upon the Government of El Salvador as well as all other parties to extend Their co-operation to the Special Representative of the Commission;
12. Decides to consider the question of human rights in El Salvador at its thirty-ninth session as a matter of high priority.
99 Adopted at the 59th meeting on 11 March 1982, by a roll-call veto of 25 to 5, with 13 abstentions. See chap. X. 100 General Assembly resolution 217 A (III). 101 E/GN.4/1502. 102 General Assembly resolution 2200 A (XXI), annex. 103 United National, Treaty Series, vol. 75, Nos. 970-973, P. 31 et seq.
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