Situation of human rights in El Salvador.

1991/75. Situation of human rights in El Salvador

The Commission on Human Rights, Guided by the principles embodied in the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights, and by the humanitarian standards laid down in the Geneva Conventions of 12 August 1949 and Additional Protocol II of 1977 thereto, Reaffirming that the Governments of all Member States have a duty to promote and protect human rights and fundamental freedoms and to fulfil the obligations assumed under those international instruments, Recalling General Assembly resolution 45/172 of 18 December 1990 and its own resolution 1990/77 of 7 March 1990 by which the mandate of the Special Representative was extended for one year, Bearing in mind Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1990/14 of 30 August 1990, Having considered the report of the Special Representative, Mr. José Antonio Pastor Ridruejo (E/CN.4/1991/34), Considering that the continuing armed conflict in El Salvador is of a non-international character and that 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 of 1977 thereto, Taking into account the commitment entered into by the Government of El Salvador in the various joint statements by the Central American Presidents with a view to the promotion, respect and exercise of human rights and fundamental freedoms, and the initiative on the situation in El Salvador annexed to the Declaration of Puntarenas, signed in Costa Rica on 17 December 1990, Noting that, in accordance with Security Council resolution 637 (1989) of 27 July 1989, the Secretary-General has continued to provide his good offices for the holding of talks between the Government of El Salvador and the Frente Farabundo Martí para la Liberación, Nacional, Taking note of the results achieved in the rounds of negotiations conducted so far, in particular the agreement signed between the Government of El Salvador and the Frente Farabundo Marti para la Liberación, Nacional in Geneva on 4 April 1990, and the agreement concluded in Caracas on 21 May 1990, which establishes an agenda and timetable for negotiations designed to achieve the initial objective of political agreements for arranging a halt to the armed confrontation and any act that infringes the rights of the civilian population, Welcoming the Agreement on Human Rights signed by the two parties at San José on 26 July 1990 (A/44/971-S/21541, annex), containing commitments concerning the respect and guarantee of human rights, which are to enter into force immediately, and on the terms of reference for the United Nations human rights verification mission, Concerned, at the fact that throughout 1990 the armed conflict and the climate of violence which has seriously affected the enjoyment of the human rights and fundamental freedoms of the Salvadorian population have persisted in El Salvador, Regretting the recent acts of violence in the city of San Salvador, Concerned also that, despite the reduction in the number of violations of human rights and despite the efforts made by the two parties to improve the human rights situation, numerous politically motivated violations of human rights and of the humanitarian rules of warfare are continuing in El Salvador, Concerned further at the persistence of summary executions and other serious violations of human rights attributed by many sources to the so-called "death squads",

1. Commends the Special Representative of the Commission on Human Rights for his report on the situation of human rights in El Salvador and endorses the recommendations contained therein;

2. Expresses its satisfaction at the agreement signed at Geneva on 4 April 1990 between the Government of El Salvador and the Frente Farabundo Marti para la Liberación Nacional, which sets in motion a negotiating process under the auspices and with the active participation of the Secretary-General, with a view to ending the armed conflict through political means as speedily as possible, promoting the democratization of the country, guaranteeing unrestricted respect for human rights and reunifying Salvadorian society;

3. Expresses its profound satisfaction at the Agreement on Human Rights signed at San José on 26 July 1990, which constitutes the first substantive agreement between the parties, and urges them to continue to take the action and measures necessary for its implementation;

4. Supports fully the work of mediation which is being carried out by the Secretary-General and his Personal Representative in the search for a negotiated political solution to the Salvadorian conflict, including the initiative of establishing a United Nations observer mission in El Salvador;

5. Expresses its serious concern at the persistence of politically motivated violations of human rights, such as summary executions, abductions and enforced disappearances, and at the atmosphere of intimidation in which certain sectors of the population live;

6. Also expresses its deep concern that the capacity of the judicial system continues to be unsatisfactory, despite the efforts of the Government of El Salvador to determine the responsibility of the perpetrators of serious 0 violations of human rights, and accordingly urges the competent authorities to accelerate the adoption of the reforms and measures necessary for ensuring the effectiveness of the system;

7. Deplores, therefore, the irregularities in the judicial proceedings in connection with the assassination of the Rector and other members of the Central American University in 1989 and the lack of cooperation on the part of certain sectors of the armed forces, which has impeded full clarification of such an abominable crime and the punishment of the guilty persons, as described in the report of the Special Representative;

8. Urges the Government of El Salvador and the Frente Farabundo Marti para la Liberación Nacional to continue the dialogue and to make the greatest possible efforts to carry out the political agreements of Geneva and Caracas, taking particular account of the proposals of the Secretary-General, in order that a firm and lasting peace may be achieved in the shortest possible time;

9. Calls upon the parties to the conflict to guarantee respect for the humanitarian rules applicable to non-international armed conflicts such as that in El Salvador, particularly with regard to the evacuation of the war wounded and maimed in order that they may receive prompt medical attention and the non-use of explosive devices affecting the civilian population;

10. Urges the parties to take all measures within their power to ensure that in the electoral process scheduled for 10 March 1991 the will of the Salvadorian people shall be expressed;

11. Reiterates its request to the organs and organizations in the United Nations system that, on the basis of General Assembly resolution 45/172 and its own resolution 1990/77, they should provide advice and assistance as requested by the Government of El Salvador in order to achieve higher standards in the promotion and protection of human rights and fundamental freedoms;

12. Decides to consider, at its forty-eighth session, the situation of human rights in El Salvador and the mandate of the Special Representative, taking into account the development of the human rights situation in that country;

13. Decides to extend the mandate of the Special Representative for a further year, and requests him to submit his report on the development of the human rights situation in El Salvador to the General Assembly at its forty-sixth session and to the Commission on Human Rights at its forty-eighth session.

54th meeting
6 March 1991
[Adopted without a vote. See chap. XII.]