Situation of human rights and fundamental freedoms in El Salvador : resolution / adopted by the General Assembly

 

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY
Situation of human rights and fundamental freedoms in El Salvador

  The General Assembly, 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 by the humanitarian rules set out in the Geneva Conventions of 12 August 1949 and Additional Protocols I and II thereto, Aware that the Governments of all Member States have an obligation to promote and protect human rights and fundamental freedoms and to carry out the responsibilities they have undertaken under various international human rights instruments, Recalling that, in its resolutions 35/192 of 15 December 1980, 36/155 of 16 December 1981, 37/185 of 17 December 1982 and 38/101 of 16 December 1983, it expressed deep concern at the situation of human rights in El Salvador, Bearing in mind Commission on Human Rights resolutions 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, 1982/28 of 11 March 1982, 1983/29 of 8 March 1983 and 1984/52 of 14 March 1984, whereby the Commission extended the mandate of the Special Representative for another year and requested him to report, inter alia, to the General Assembly, Noting that the Special Representative of the Commission on Human Rights 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 nevertheless a situation of war and generalized violence 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 judicial system to investigate and punish human rights violations committed in the country continues to be patently unsatisfactory, Considering that there is an armed conflict not of an international character in El Salvador in which the Government of that country and the opposition forces are obligated to apply the minimum standards of protection of human rights and of humane treatment set out in article 3 common to the Geneva Conventions of 12 August 1949, as well as Additional Protocol II thereto, Aware that a delicate process aiming at a political solution has been initiated in El Salvador, which could be hindered if arms or military contributions of any other kind, making it possible to prolong or intensify the war, are provided from outside, Taking into account that the President of El Salvador stated before the General Assembly that the main task of the mandate he was given by the elections of 6 May 1984 is to achieve social harmony and internal peace in El Salvador, and that the Special Representative notes with satisfaction the obvious desire of the new Government to establish a democracy governed by the rule of law and guaranteeing full respect for human rights, Recognizing that dialogue is the only way, in a spirit of generosity and openness, to achieve a negotiated comprehensive political solution that will promote genuine national reconciliation, put an end to the suffering of the Salvadorian people and stem the growing tide of refugees and internally displaced persons,

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

2. Expresses its deep concern at the fact that, as indicated in the report of the Special Representative, although the number of human rights violations has decreased, they are still serious and numerous, resulting in suffering for the Salvadorian people;

3. Recalls that the right to life and liberty is paramount and therefore notes with satisfaction the measures which, according to the report of the Special Representative, the Government of El Salvador has adopted to put an end to these serious violations of human rights;

4. Deeply regrets that the persistence of hostilities by the armed forces of the Government has resulted in many civilian victims and material damage, and also regrets that the hostilities of the guerrilla forces have on occasion caused civilian victims and material damage to the economic infrastructure of El Salvador;

5. Reaffirms once again the right of the Salvadorian people freely to determine their political, economic and social future without interference from outside, through a genuine democratic process, in an atmosphere free from intimidation and terror;

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

7. Welcomes with satisfaction the fact that, in accordance with the appeal made by the President of El Salvador before the General Assembly and the Assembly's own repeated appeals, talks were resumed between the Government of El Salvador and the Frente Farabundo Marti para la Liberacion Nacional-Frente Democratico Revolucionario, which confirmed its willingness in that respect;

8. Recognizes that this dialogue is an important step in the process of pacification and democratization of the country and therefore calls upon the Government of El Salvador and the Frente Farabundo Marti para la Liberacion Nacional-Frente Democratico Revolucionario to intensify their talks until they achieve a negotiated comprehensive political solution which will put an end to the armed conflict and establish a lasting peace based on the full exercise both of civil and political rights and of economic, social and cultural rights by all Salvadorians;

9. Welcomes the fact that the Government of El Salvador and the insurgent forces have agreed through indirect talks to exchange prisoners of war and allow the International Committee of the Red Cross to evacuate wounded combatants of the opposition in exchange for the release of government officials captured in combat, appeals to all States to do what they can to support operations of that kind, and urges the Government of El Salvador and the insurgent forces to continue those practices, which humanize the conflict, and to agree as early as possible to respect the medical personnel and all military hospitals, as required by the Geneva Conventions;

10. Again reiterates its appeal to the Government of El Salvador and to the opposition forces to co-operate fully and not to interfere with the activities of humanitarian organizations dedicated to alleviating the suffering of the civilian population, wherever these organizations operate in the country;

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

12. Deeply 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 continue and strengthen the process of reform of the Salvadorian penal judicial system, in order to punish speedily and effectively those responsible for the serious human rights violations which have been committed and are still being committed in that country;

13. Calls upon the competent authorities in El Salvador to introduce changes in the laws and other measures that are incompatible with the provisions contained in the international instruments binding on the Government of El Salvador in respect of human rights;

14. 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 of the Commission on Human Rights;

15. Decides to keep under consideration, during its fortieth session, the situation of human rights and fundamental freedoms in El Salvador, in order to examine this situation anew in the light of additional elements provided by the Commission on Human Rights and the Economic and Social Council.