16 December 1981

Situation of human rights and fundamental freedoms in El Salvador

The General Assembly,

Recognizing the permanent validity of the principles enshrined in the Charter of the United Nations and in the Universal Declaration of Human Rights,

Conscious of its responsibility to promote and guarantee the maintenance of those principles and to contribute to ensure respect for human rights and fundamental freedoms for all,

Reiterating once more that all Member States have an obligation to protect human rights and fundamental freedoms and to fulfil in this respect the obligations they have undertaken through the various international instruments in this field,

Recalling its resolution 35/192 of 15 December 1980, in which, among other things, it expressed deep concern for violations of human rights and fundamental freedoms in El Salvador, especially in view of the death of thousands of people and the climate of repression and insecurity which prevailed in that country and deplored the assassinations, disappearances and other serious violations of human rights in El Salvador,

Reiterating the appeal made by the General Assembly in that resolution for the cessation of violence and the re-establishment of full respect for human rights in El Salvador and for Governments of all States to refrain from supplying arms and lending other forms of military assistance in the current circumstances,

Bearing in mind Commission on Human Rights resolution 32 (XXXVII) of 11 March 1981, approved by the Economic and Social Council in May 1981, which notes the persistence of the climate of violence and insecurity which prevails in El Salvador,

Endorsing the appeal to the Salvadorean parties involved, made by the Commission on Human Rights in its resolution 32 (XXXVII), to arrive at a peaceful settlement and put an end to violence in order to prevent further loss of lives and alleviate the suffering of the people of El Salvador,

Taking note of resolution 10 (XXXIV) adopted by the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities, which states that only respect for article 25 of the International Covenent on Civil and Political Rights will assure to the Salvadorean nation, through the participation of all its political forces, the full exercise of its fundamental rights in establishing a democratically elected government, but also notes that at the present time these conditions do not exist in El Salvador,

Having studied the interim report on the situation of human rights and fundamental freedoms in El Salvador prepared by the Special Representative appointed by the Commission on Human Rights, which confirms the seriousness of the situation prevailing in El Salvador and, among other things, provides evidence on the general attitude of passiveness and inactivity of the present Salvadorean authorities with respect to the constant human rights violations in that country,

Noting that the situation in El Salvador, as clearly shown in the interim report of the Special Representative, has its root causes in internal political, economic and social factors,

1. Reiterates its deep concern for the situation prevailing in El Salvador and the suffering of the Salvadorean people;

2. Requests once more the Salvadorean parties involved to arrive at a negotiated political solution in order to establish, in an atmosphere free from intimidation and terror, a democratically elected government;

3. Deeply deplores all acts of violence and all grave violations of human rights and fundamental freedoms, and regrets in particular the persistence of a situation in which governmental paramilitary organizations and other armed groups continue to act with total contempt for the life, security and tranquility of the civilian population;

4. Draws the attention of all parties concerned to the fact that the rules of international law, as contained in common article three of the Geneva Conventions of 12 August 1949, are applicable to armed conflicts not of an international character and requests the parties involved to apply a minimum standard of protection to the affected population;

5. Reiterates its appeal to all States to abstain from intervening in the internal situation in El Salvador and to suspend all supplies of arms and any type of military support, so as to allow the political forces in that country to restore peace and security;

6. Affirms once more that it is incumbent only to the Salvadorean people to exercise its right to determine freely its political status and freely pursue its economic, social and cultural development and to establish the conditions and undertake the changes most adequate to its aspirations as a people and as a nation without external interference of any kind;

7. Urges the Government of El Salvador to adopt the necessary measures to ensure full respect for the human rights of its population in all their expressions, primarily by creating conditions which could lead to political solution to the present crisis through the full participation of all representative political forces in that country;

8. Urges the parties concerned to co-operate and not interfere with the activities of the humanitarian organizations which are dedicated to alleviating the suffering of the civilian population in El Salvador;

9. Requests the Commission on Human Rights at its thirty-eighth session thoroughly to examine the situation in El Salvador on the basis of the final report of the Special Representative of the Commission on Human Rights;

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