Situation of human rights in El Salvador.

1986/39. Situation of human rights in 21 Salvador[1]115

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 laid down in the Geneva Conventions of 12 August 1949[2]116 and Additional Protocols I and II thereto, of 1977,[3]117 Reaffirming that the Governments of 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 the essential task of the United Nations to ensure the observance, promotion and strengthening of human rights among 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, 39/119 of 14 December 1984 and 40/139 of 13 December 1985, 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 resolutions 1982/28 of 11 March 1982, 1983/29 of 8 March 1983, 1984/52 of 14 March 1984 and 1985/35 of 13 March 1985, whereby it extended the mandate of the Special Representative for another year, requesting him to report to the General Assembly at its fortieth session and to the Commission on Human Rights at its forty-second session, Noting with satisfaction that the question of the observance of human rights forms an important port of the policy of the present Government of El Salvador, Expressing regret that the armed conflict is persisting in El Salvador and that economic, political and social rights continue to be seriously jeopardized with the politically-motivated increase in the number of attacks against the economic infrastructure and the similarly motivated increase in the number of abductions, attacks on life and deprivations of liberty, Considering that there is an armed conflict of a non-international character in El Salvador in which the Government of that country and the guerrilla forces are under an obligation to apply the minimum standards of protection of human rights and humane treatment provided for in article 3 common to the 1949 Geneva Conventions and in Additional Protocol II thereto of 1977, Bearing in mind also the praiseworthy humanitarian work carried out in El Salvador by the International Committee of the Red Cross, Considering also, as indicated by the Special Representative, that despite the laudable and serious plans for the reform of the administration of justice submitted by the Government of El Salvador, the capacity of the judicial system in that country continues to be notoriously unsatisfactory, Taking note of the report[4]118 which was prepared by the Special Representative, as instructed by the Commission on Human Rights in resolution 1985/35, Concerned at the situation of a considerable number of Salvadorian citizens who have been obliged to leave their homes and become displaced persons or refugees, Recognizing that dialogue is the best way of achieving, in a spirit of generosity and openness, a negotiated comprehensive political settlement that will promote genuine national reconciliation and put an end to the suffering of the Salvadorian people,

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

2. Recognizes with interest and emphasizes that it is important that the Government of El Salvador, as indicated by the Special Representative in his report, should continue to apply policies aimed at improving the observance of human rights;

3. Expresses its deep concern at the serious adverse effect of warlike activities on the enjoyment by the Salvadoran population of undisputed Political, civil, economic, social and cultural rights, and at the non-compliance with the Geneva Conventions of 1949 and the Additional Protocols thereto of 1977, and for this reason makes a special appeal to both parties to continue to adopt measures intended to humanize the conflict, scrupulously complying with the provisions contained in the above-mentioned international instruments of humanitarian law;

4. Deplores the interruption of the dialogue initiated in October 1984 between the Government of 21 Salvador and the Frente Farabundo, Martí Para la Liberación Nacional - Frente Democrático Revolucionario, and accordingly again urges the parties to hold a sincere and realistic dialogue, in a spirit of generosity and openness, which will enable them rapidly to achieve a negotiated political 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;

5. Further requests all States to promote the resumption of the dialogue between the parties in conflict until a just and lasting peace is achieved in El Salvador;

6. Reiterates its request 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 in the country, and to permit the International Committee of the Red Cross to continue to evacuate those wounded and maimed by the war to places where they can receive the medical attention they need;

7. Requests all States to co-operate in the reception of refugees and to support the autonomous organizations dealing with displaced persons within El Salvador, and requests the Government of that country to continue to grant facilities to Salvadorians washing to return to their homes;

8. Urges the Government of El Salvador to accelerate the adoption of energetic measures necessary to investigate and punish, in the most swift, exemplary and effective fashion, violations of human rights and fundamental freedoms;

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

10. Recommends the continuation and intensification of the administrative and social reforms in El Salvador, including agrarian reform, so that conditions are established for the full enjoyment by Salvadorian citizens of the economic and social rights proclaimed in the international instruments to which El Salvador is a party;

11. Decides to extend the mandate of the Special Representative for another year, in the hope that the human rights situation in El Salvador will continue to improve;

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

13. Renews its request 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;

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

15. Decides to consider the question of human rights in El Salvador at its forty-third session.

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[1]115 Adopted at the 54th meeting, on 12 March 1986, by 39 votes to none, with 4 abstentions. See chap. XII, para. 299. [2]116 United Nations, Treaty Series, vol. 75, Nos. 970-973. [3]117 International Committee of the Red Cross, Protocols additional to the Geneva Conventions of 12 August 1949, Geneva, 1977. [4]118 E/CN.4/1986/22.