Situation of human rights in El Salvador.

1985/35. Situation of human rights in El Salvador[1]100

The Commission on Human Rights, 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 set out in the Geneva Conventions of 12 August 1949[2]101 and Additional Protocols I and II thereto,[3]102 Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the relevant international instruments, Reaffirming also that it is one of the essential tasks of the United Nations to ensure the observance, promotion and strengthening of human rights among the Member States, Recalling that in 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 and 39/119 of 14 December 1984, the General Assembly expressed its deep concern at the situation of human rights in El Salvador, Bearing in mind Commission resolution 32 (XXXVII) of 11 March 1981, in which it decided to appoint a special representative on the situation of human rights in El Salvador, and its resolutions 1982/28 of 11 March 1982, 1983/29 of 8 March 1983 and 1984/52 of 14 March 1984, whereby it extended the mandate of the Special Representative for another year, requesting him to report, inter alia, to the General Assembly at its thirty-ninth session and to the Commission on Human Rights at its forty-first session, Taking note of the report prepared by the Special Representative[4]103 at the request of the Commission on Human Rights in resolution 1984/52, Taking into account that the President of El Salvador stated before the General Assembly that the main task of the lawful mandate he was given by the elections of 6 May 1984 is to achieve social harmony and internal peace in El Salvador, and noting with satisfaction, like the Special Representative, the obvious desire of the new Government to establish a democracy governed by the rule of law and guaranteeing full respect for human rights, thereby helping to create an atmosphere that is more conducive to national reconciliation, Noting that the Special Representative of the Commission on Human Rights again points out in his report that, owing to the adoption of a new government policy, the number of human rights violations has markedly decreased, which is a welcome development, but that a situation of war and generalized violence nevertheless continues to exist in El Salvador, that there are still serious violations of human rights, that the number of attacks on life and the economic structure remains a cause for concern and that the capacity of the legal system to investigate and punish human rights violations committed in the country continues to be patently inadequate, Considering that there is an armed conflict not of an international character in El Salvador in which the Government of that country and the guerrilla forces are under an obligation to apply the minimum standard of protection of human rights and of humane treatment provided for in article 3 common to the 1949 Geneva Conventions and in Additional Protocol II of 1977,[5]104 Bearing in mind also the praiseworthy humanitarian work carried out in El Salvador by the International Committee of the Red Cross, Recognizing that dialogue is the best way, in a spirit of generosity and openness, to achieve a negotiated comprehensive political settlement that will promote genuine national reconciliation, put an end to the suffering of the Salvadorian people and stem the growing tide of internal refugees and displaced persons, Considering that the two rounds of conversation held to date by the Government of El Salvador and the insurgent forces are an important step forward for the solution of the political crisis in El Salvador and concerned at the fact that some minority sectors in the country are opposed to the continuation of the dialogue, while others do not understand its purpose, Noting with satisfaction that the parties to the rounds of conversation held at La Palma have decided, inter alia, to establish appropriate machinery to find suitable ways and means of achieving peace with the participation of all sectors of national life, Aware that the sensitive process of political negotiation which has been initiated in El Salvador may be hampered if any outside assistance is provided to prolong and intensify the war,

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

2. Expresses its deep concern at the fact that, despite the sharp drop in the number of political assassinations, detentions and disappearances, no doubt as a result of the adoption of a new government policy, as pointed out by the Special Representative, many violations of human rights continue to be committed and the number of attacks on life and the economic structure, with the resulting suffering for the Salvadorian people, is still a cause for concern;

3. Welcomes the recent measures taken to humanize the armed conflict, such as the release and exchange of prisoners of war and the recent Christmas and New Years truce, as well as other measures, such as the exchange of prisoners, which have been implemented with the co-operation of humanitarian organizations;

4. Appeals to all States to do everything in their power to support the implementation of such measures and recommends that, until peace is achieved in El Salvador, the Government of that country and the guerrilla forces should humanize the conflict by complying fully with the Geneva Conventions of 1949 and the Additional Protocols of 1977;

5. Reiterates its appeal to the Government of El Salvador and the opposition forces to co-operate fully with the humanitarian organizations dedicated to alleviating the suffering of the civilian population, wherever these organizations operate;

6. Once again recognizes the permanent and inalienable right of the Salvadorian people freely to determine its political, economic and social future, without interference from outside, through a genuine democratic process in an atmosphere free from intimidation and terror;

7. Welcomes with satisfaction the invitation to a dialogue made in the General Assembly at its thirty-ninth session by the President of El Salvador on behalf of his Government, as well as the favourable reply to that invitation by the Frente Democratico Revolucionario-Frente Farabundo Marti para la Liberacion Nacional;

8. Urges the parties concerned to continue to hold a serious and realistic dialogue, in a spirit of generosity and openness, with a view to achieving as soon as possible a negotiated solution which will put an end to the armed conflict and help to institutionalize and strengthen the democratic system on the basis of the full exercise of Civil and political rights and economic, social and cultural rights by all Salvadorians;

9. Requests all States to retrain from any type of intervention in the internal situation in El Salvador that might prolong and intensify the armed conflict, and to encourage the continuation of the dialogue until a just and lasting peace is achieved;

10. Deeply deplores the lack of any perceptible change in the capacity of the judicial system in El Salvador and again urges the competent authorities to speed up the process of reform of the Salvadorian penal judicial system with a view to punishing speedily and effectively those responsible for the serious violations of human rights which have been and are still being committed in the country;

11. Recommends the continuation and intensification of the reforms necessary in El Salvador, including the effective application of agrarian reform, for the solution of the economic and social problems which are the Coot cause of the internal conflict in that country;

12. Calls upon the competent authorities in El Salvador to amend any legislation or other measures which are incompatible with the provisions contained in the international instruments on human rights binding on the Government of that country;

13. Decides to extend the mandate of the Special Representative for another year, in the hope that the human rights situation in El Salvador will have improved satisfactorily;

14. Requests the Special Representative to submit his report on further developments in the situation of human rights in El Salvador to the General Assembly at its fortieth session and to the Commission on Human Rights at its forty-second session;

15. Renews its appeal to the Government of El Salvador and to the other parties concerned to continue to extend their co-operation to the Special Representative of the Commission on Human Rights;

16. Requests the Secretary-General to give all necessary assistance to the Special Representative of the Commission;

17. Decides to consider the question of human rights in El Salvador as a priority topic at its forty-second session.

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[1]100 Adopted at the 55th meeting, on 13 March 1985, by a roll-call vote or 39 to none, with 3 abstentions. See chap. XII. [2]101 United Nations, Treaty Series, vol. 75, Nos. 970-973. [3]102 International Committee of the Red Cross, Protocols Additional to the Geneva Conventions of 12 August 1949, Geneva, 1977. [4]103 E/CN.4/1985/18. [5]104 International Committee of the Red Cross, Protocols Additional to the Geneva Conventions of 12 August 1949, Geneva, 1977, p. 89.