Situation of human rights in El Salvador.

1987/51. Situation of human rights in El Salvador

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 and Additional Protocols I and II thereto of 1977, 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, 40/139 of 13 December 1985 and 41/157 of 4 December 1986, 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 the Commission 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, 1985/35 of 13 March 1985 and 1986/39 of 12 March 1986, whereby it extended the mandate of the Special Representative for another year, requesting him to report to the General Assembly at its forty-first session and to the Commission on Human Rights at its forty-third session, Taking note of the report prepared by the Special Representative (E/CN.4/1987/21) in accordance with the request made by the Commission on Human Rights in its resolution 1986/39, Noting with satisfaction that the Special Representative points out in his report that the question of 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, Expressing regret, however, that serious violations of economic, political and social rights continue to be committed in El Salvador and that the damage caused to the economic infrastructure and the number of non-combatants killed or seriously wounded by bombardments and the explosion of contact mines are still a cause of deep concern, Considering that there is an armed conflict of a non-international character in El Salvador in which the Government of that country and the insurgents 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 1949 Geneva Conventions and in Additional Protocol II thereto of 1977, Bearing in mind the praiseworthy humanitarian work carried out in El Salvador by the International Committee of the Red Cross, Concerned with the continuing situation in which a considerable number of Salvadorian citizens have been obliged to leave their homes and become displaced persons or refugees, Noting note with satisfaction that the state of emergency in El Salvador was brought to an end on 12 January 1987, thereby making decree No. 50 inoperative, Recognizing that dialogue is the best way to achieve national reconciliation, and believing that broad sectors of the country favour a comprehensive political negotiating process for a solution which would help to improve the human rights situation and put an end to the suffering of the Salvadorian people, Aware that a negotiated political solution to the Salvadorian conflict can be cut short if external forces, instead of supporting the resumption of the dialogue, contribute in any way to the intensification or prolongation of the war, with the ensuing grave effects on the human rights situation,

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 significant that the Special Representative has indicated in his report that the question of 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 deep concern at the fact that serious and numerous violations of human rights continue to take place in El Salvador owing, inter alia, to non-compliance with the humanitarian rules of war, and therefore requests the Government of El Salvador and the insurgent forces to adopt measures conducive to the humanization of the conflict by observing scrupulously the Geneva Conventions of 1949 and the Additional Protocols thereto of 1977;

4. Calls upon the Salvadorian Government and the insurgent forces to do their utmost in all measures intended to avoid death or harm to the physical integrity of the non-combatant population as a result of warfare and the placing of contact mines;

5. Recommends that the Special Representative should continue to observe and inform the General Assembly and the Commission of the extent to which the contending parties are respecting the humanitarian rules of war, particularly as regards respect for the civilian population, prisoners of war, those wounded in combat, health personnel and military hospitals of either party;

6. Requests all States to refrain from intervening in the internal situation in El Salvador and, instead of helping in any way to prolong and intensify the armed conflict, to encourage the continuation of the dialogue until a just and lasting peace is achieved;

7. Expresses deep regret that the dialogue initiated in October 1984 between the Government of El Salvador and the insurgent forces continues to be interrupted and recommends the early resumption of open and generous talks so that through sincere dialogue they may be able, in accordance with the joint communiqué issued at La Palma, to reach a negotiated comprehensive political settlement which will contribute decisively to an improvement in the human rights situation, put an end to the armed conflict and help to institutionalize and strengthen the democratic system based on the full exercise by all Salvadorians of their civil and political rights and economic, social and cultural rights;

8. Warmly welcomes the fact that the Government of El Salvador and the insurgent forces have this year reached an agreement whereby, without need for negotiations or exchanges, the International Committee of the Red Cross can evacuate the war-wounded to places where they can receive the medical care they need, an agreement that constitutes a positive step and the observance of which will undoubtedly contribute to humanization of the conflict;

9. Requests all States to co-operate, as much as possible, 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 wishing to return to their homes;

10. Deplores the fact that the capacity of the judicial system in El Salvador to investigate, prosecute and punish violations of human rights continues to be patently unsatisfactory and therefore urges the competent authorities to hasten the adoption of the forceful measures necessary to investigate, in the most rapid, exemplary and effective manner, the violations of human rights and fundamental freedoms;

11. Calls upon the competent authorities in El Salvador to make the national legislation compatible with the provisions contained in the international instruments on human rights binding on the Government of that country;

12. Recommends the continuation and broadening of the reforms necessary in El Salvador, including the effective application of agrarian reform, in order to contribute to a solution of the economic and social problems which are at the root of the internal conflict in 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 continue to improve;

14. 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-second session and to the Commission on Human Rights at its forty-fourth session;

15. Renews its appeal to the Government of El Salvador, as well as to other parties concerned, to continue to co-operate with the Special Representative, and requests the competent bodies of the United Nations system to provide any advice and assistance which the Government of El Salvador may require to achieve the highest levels in the promotion and protection of human rights and fundamental freedoms;

16. Decides to keep the human rights situation in El Salvador under review at its forty-fourth session.

56th meeting
11 March 1987
[Adopted by a roll-call vote of 36 to none, with
7 abstentions. See chap. XII.]