Situation of human rights in El Salvador.

1988/65. 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, 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, Having regard to resolution 42/137 of 7 December 1987, in which the General Assembly requested 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, Bearing in mind its 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, 1985/35 of 13 March 1985, 1986/39 of 12 March 1986 and 1987/51 of 11 March 1987, whereby it extended the mandate of the Special Representative for another year, requesting him to report to the General Assembly at its forty-second session and to The Commission on Human Rights 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 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, that, as indicated by the Special Representative in his report, violations of human rights are continuing in El Salvador, Recalling that on 7 August 1987 the Central American Governments signed in Guatemala the agreement on "Procedure for the establishment of a firm and lasting peace in Central America", (see A/42/521-S/19085, annex) thus manifesting the political will and good faith to fulfil its provisions in order to achieve peace and stability in the region, Convinced that fulfilment by the Government of El Salvador of the commitments assumed in the Guatemala agreement and implementation of those as yet unfulfilled will contribute to the promotion, respect and realization of human rights and fundamental freedoms in that country, Deeply concerned at the standstill in the dialogue between the Government of El Salvador and the Frente Farabundo Martí para la Liberación Nacional-Frente Democrático Revolucionario, the resumption of which within the framework of the Guatemala agreement constitutes one of the best ways of achieving a solution that will help to improve the human rights situation of the Salvadorian people, Aware that a negotiated political solution of the Salvadorian conflict based on concertation and dialogue 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, Bearing in mind the praiseworthy humanitarian work carried out in El Salvador by the International Committee of the Red Cross, Convinced of the urgent need for the measures adopted to resolve the problem of refugees and of internal displaced persons to permit the full reintegration of the latter in their communities of origin,

1. Commends the Special Representative for his report on the situation of human rights in El Salvador (E/CN.4/1988/23);

2. Recognizes with interest and emphasizes that it is significant that the Special Representative has 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. Takes note, also, of the fact that the Special Representative refers in his report, among efforts to strengthen respect for human rights, to his understanding "that the FMLN-FDR is associating itself with the proposals concerning democratization and respect for human rights set out in the Esquipulas document";

4. Expresses its deep concern, notwithstanding the progress made, at the fact that, as mentioned by the Special Representative in his report, serious and numerous violations of human rights continue to take place in El Salvador;

5. Expresses its concern at the harassment which humanitarian groups have been suffering at the hands of the death squads, despite the persistent efforts of the Government, and trusts that the authorities of El Salvador will continue their investigations aimed at clarifying and punishing all these violations, particularly those committed against members of governmental and non-governmental organizations defending human rights;

6. Draws attention to the continued unsatisfactory capacity of the judicial system in El Salvador to investigate, prosecute and punish violations of human rights and therefore urges the competent authorities to hasten the adoption of the necessary reforms and measures for ensuring its efficiency;

7. Calls upon the Salvadorian Government and the Frente Farabundo Martí para la Liberación Nacional-Frente Democrático Revolucionario to do their utmost in implementing 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;

8. Urges the Government of El Salvador and the Frente Farabundo Martí para la Liberación Nacional-Frente Democrático Revolucionario to renew 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 democratic, pluralistic and participatory 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 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;

10. Recommends the continuation and broadening of the reforms necessary in El Salvador 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, which have been aggravated by the effects of the world economic crisis and by adverse natural phenomena;

11. Requests the Government of El Salvador and the Frente Farabundo Martí para la Liberación Nacional-Frente Democrático Revolucionario, with the intention of humanizing the conflict, to continue to apply the agreements for the evacuation of war-wounded for medical attention unaffected by new changes and negotiations;

12. Recognizes the efforts of the Government of El Salvador to solve the problem of the voluntary repatriation of refugees and of internal displaced persons, and encourages it to continue to grant them facilities to enable them to return to their homes;

13. Requests the competent bodies of the United Nations 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;

14. Decides to keep the human rights situation in El Salvador under review at its forty-fifth session;

15. Decides to extend the mandate of the Special Representative for another year and, provided the human rights situation in El Salvador continues to improve, to review and consider a positive modification of the mandate at its forty-fifth session in the light of the progress made;

16. 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-third session and to The Commission on Human Rights at its forty-fifth session.

55th meeting
10 March 1988
[Adopted without a vote. See chap. XII.]