United Nations

A/RES/45/172


General Assembly

Distr. GENERAL  

18 December 1990

ORIGINAL:
ENGLISH



                                                       A/RES/45/172
                                                       69th plenary meeting
                                                       18 December 1990
 
           45/172.  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 the International Covenant on Economic, Social and
Cultural Rights, as well as the humanitarian rules laid down in the Geneva
Conventions of 12 August 1949 and Additional Protocol II thereto, of 1977,
instruments through which States have undertaken to promote and protect human
rights and fundamental freedoms and to fulfil the obligations entered into
under those international instruments,
 
     Bearing in mind Commission on Human Rights resolution 1990/77 of
7 March 1990 which extended the mandate of the Special Representative for
another year and requested him to report to the General Assembly at its
forty-fifth session and to the Commission on Human Rights at its forty-seventh
session, 
 
     Taking into account the commitments made by the Central American
Presidents in various joint statements with a view to the promotion of,
respect for and exercise of human rights and fundamental freedoms,
 
     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 Marti para la Liberacion Nacional,
 
     Deeply concerned about the persistence of the armed conflict in El
Salvador throughout 1990 and by the recent escalation of violence initiated by
the Frente Farabundo Marti para la Liberacion Nacional, a situation which
continues to beleaguer the civilian population, as a result of air raids, the
use of explosive devices in urban areas, and attacks on the economic
infrastructure,
 
     Taking note of the results achieved in the rounds of negotiations
conducted so far, in particular the agreement signed by the Government of El
Salvador and the Frente Farabundo Marti para la Liberacion Nacional at Geneva
on 4 April 1990 and the agreement signed at Caracas on 21 May 1990, which
establishes an agenda and a schedule for negotiations designed to achieve the
initial objective of political agreements for arranging a halt to the armed
confrontation and any acts that infringe the rights of the civilian
population,
 
     Welcoming the Agreement on Human Rights, signed by the two parties at San
Jose on 26 July 1990, containing commitments concerning the respect for and
guarantee of human rights to be effective immediately, and containing the
terms of reference for the United Nations human rights verification mission,
 
     Concerned that, despite the reduction in the number of violations of
human rights and despite the efforts made by the two parties to improve the
situation of human rights, numerous and serious politically motivated
violations of human rights and of the humanitarian rules of warfare persist in
El Salvador,
 
     Concerned also that many sources continue to attribute summary executions
and other serious violations of human rights 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,
endorses the recommendations contained therein and requests him to update the
report in the light of the situation in that country;
 
     2.   Expresses its satisfaction with the signing of the agreement at
Geneva on 4 April 1990 between the Government of El Salvador and the Frente
Farabundo Marti para la Liberacion 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
the Salvadorian society;
 
     3.   Notes that the two parties, when adopting the general agenda for the
negotiating process at Caracas on 21 May 1990, agreed that the initial
objective would be, first, to secure political agreements on the armed forces,
human rights, the judicial system, the electoral system, constitutional
reform, the economic and social problems, and verification by the United
Nations and, secondly, to achieve agreements for arranging a halt to the armed
confrontation and any acts that infringe the rights of the civilian
population, all of which will have to be verified by the United Nations
subject to the approval of the Security Council;
 
     4.   Expresses its profound satisfaction with the Agreement on Human
Rights, adopted at San Jose on 26 July 1990, during the third round of talks
between the Government of El Salvador and the Frente Farabundo Marti para la
Liberacion Nacional, which constitutes the first substantive agreement between
the parties, and urges them to take the action and measures necessary for its
implementation;
 
     5.   Supports fully the work of intermediation being done by the
Secretary-General and his Personal Representative in the search for a
negotiated political solution to the Salvadorian conflict;
 
     6.   Urges the Government of El Salvador and the Frente Farabundo Marti
para la Liberacion Nacional to make the greatest possible effort to implement
all the political agreements announced at Geneva and Caracas, particularly
taking into account the proposals of the Secretary-General for facilitating
the negotiating process and achieving a just and lasting peace in El Salvador
in the shortest possible time;
 
     7.   Expresses its deep concern about the persistence of politically
motivated violations of human rights in El Salvador, such as summary
executions, torture, abductions and enforced disappearances, and about the
atmosphere of intimidation in which certain sectors of the population live;
 
     8.   Also expresses its deep concern that the capacity of the judicial
system continues to be unsatisfactory, as a result of which the competent
authorities must accelerate the adoption of the reforms and measures necessary
for ensuring the effectiveness of the system;
 
     9.   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 co-operation 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;
 
     10.  Renews its appeal to the competent organs and organizations of the
United Nations system that, on the basis of Commission on Human Rights
resolution 1990/77 of 7 March 1990 and General Assembly resolution 44/165 of
15 December 1989, they provide the advice and assistance that the Government
of El Salvador may request in order to enhance the promotion and protection of
human rights and fundamental freedoms;
 
     11.  Requests the Commission on Human Rights at its forty-seventh session
to consider the situation of human rights in El Salvador, taking into account
the evolution of the situation of human rights in that country and
developments linked to the implementation of all the agreements adopted by the
Government of El Salvador and the Frente Farabundo Marti para la Liberacion
Nacional, as well as the agreements signed by the Central American Presidents
in the context of the regional peace-making process;
 
     12.  Requests the Government of El Salvador and the Frente Farabundo
Marti para la Liberacion Nacional to continue their dialogue and foster
agreements with a view to a firm and lasting peace, and to continue
co-operating with the Special Representative of the Commission on Human
Rights;
 
     13.  Decides to keep under consideration, during its forty-sixth session,
the situation of human rights and fundamental freedoms in El Salvador in order
to re-examine this situation in the light of the information provided by the
Commission on Human Rights and the Economic and Social Council.