A/RES/39/119 GA

VI. Resolutions adopted on the reports of the Third Committe,· 211 4. Encourages the Secretary-General in his efforts to enable the United Nations to anticipate and react more adequately and speedily to cases requiring humanitarian assistance, as mentioned in his report on the work of the Organization; 119 5. Invites the Commission on Human Rights to keep the question of human rights and mass exoduses under review with the objective of making appropriate recom- mendations concerning further measures to be taken in this field; 6. Decides to review the question of human rights and mass exoduses at its fortieth session. JO 1 st plenary meeting 14 December 1984 39/118. Human rights in the administration of justice The General Assembly, Mindful of articles 3, 5, 9, 10 and 11 of the Universal Declaration of Human Rights, 120 as well as the relevant provisions of the International Covenant on Civil and Political Rights, 121 in particular article 6, which explicitly states that no one shall be arbitrarily deprived of his life, Recalling its resolutions 2858 (XXVI) of 20 December 1971 and 3144 (XXVIII) of 14 December 1973 on human rights in the administration of justice, Recalling also Economic and Social Council resolutions 1984/47 and 1984/50 of25 May 1984, in which, inter alia, the Council approved the procedures for the effective implementation of the Standard Minimum Rules for the Treatment of Prisoners 122 and the safeguards guaranteeing protecti~n of the rights of those facing the death penalty, Acknowledging the important work accomplished by the Committee on Crime Prevention and Control at its eighth session, 123 Aware that the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, to be held from 26 August to 6 September 1985, will consider the issues related to the formulation and application of United Nations standards and norms in the administra- tion of justice under item 7 of its provisional agenda, in accordance with Economic and Social Council resolution 1982/29 of 4 May 1982, Convinced of the need for further co-ordinated and con- certed action in promoting respect for the principles embodied in the aforementioned articles of the Universal Declaration of Human Rights, 1. Reaffirms the existing prohibition under interna- tional law of every form of cruel, inhuman or degrading treatment or punishment, and strongly condemns the practice of arbitrary and summary executions; 2. Endorses the recommendations contained in Econo- mic and Social Council resolutions 1984/47 and 1984/50 on procedures for the effective implementation of the Standard Minimum Rules for the Treatment of Prisoners and on safeguards guaranteeing protection of the rights of those facing the death penalty, respectively, as well as the provisions of their annexes; I 19 See Official Records of the General .4ssemb!J,. Th,rtv-nimh Sesmm. Supplement No. I (N39! I). 120 Resolution 21 7 A (III). 12I See resolution 2200 A (XXI), annex. 122 First United Nations Congress on the Prf'ventwn of Crune and the Treatment of Offenders: report prepared bv 1he Secretariat (United Nations publication, Sales No. 1956.IV.4), annex fA. 123 See Official Records of the Economic and Social Cmmc1/, /<JM, Supple- ment No. 6 (E/1984/16). ------- -------~---------- 3. Calls upon Member States to spare no effort in pro- viding for adequate mechanisms, procedures and resources so as to ensure the implementation of these rec- ommendations, both in law and in practice; 4. Requests the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, under item 7 of its provisional agenda, to give urgent attention to the matter of devising ways and means to ensure more effective application of existing standards and to report thereon to the ( ,meral Assembly at its fortieth session: 5. Requests the Secretary-General to discharge fully his tasks in connection with the implementation of the Stand- ard Minimum Rules for the Treatment of Prisoners, par- ticularly with regard to procedures 7, 8, 9 and 10 con- tained in the annex to Ernnomic and Social Council reso- lution 1984/47, and to employ his best endeavours in cases where the safeguards guaranteeing the protection of the rights of those facing the death penalty are violated; 6. Requests the Economic and Social Council, through the Committee on Crime Prevention and Control, to keep these matters under constant review: 7. Invites the specia\i,ed agencies and other organiza- tions of the United Nations system, as well as intergovern- mental and non-governmental organizations concerned, to continue to co-operate with the Secretary-General in these endeavours by providing assistance, as may be appropri- ate, and by submitting proposals for relevant action to the Seventh Congress; 8. Decides to consider at its fortieth session the ques- tion of human rights in the administration of justice. JO I st plenary meeting 14 December 1984 39/119. 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, 120 the International Covenant on Civil and Political Rights 121 and by the humanitarian rules set out in the Geneva Con- ventions of 12 August I 949 124 and Additional Protocols I and II thereto, 125 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 I 980, 36; 155 of 16 December 1981, 37/185 of 17 Decem- ber 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 resolu- tions 32 (XXXVII) of I I March I 981, 126 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, 127 l'-183/29 of 8 March 1983128 and 124 Umtcd Nattons. /'real)' Sc•11·s. vol. 75. Nos. 970-973. 1 '' A: 32 144. annexes I a·nd I! 126 Sec Official Records of the Fconom,c and Sona/ Counnl, I 98 I, Supp/,•- mcnt No. _, (E/1981/25 and Con I). chap. XXVIII. sect. A. 127 IhuI 1982. Supp/cmclll \, .' (E·l982:12 and Corr.I). chap. XXVI. sect. ,\. 128 lhui I 9113 Su11plemcnt .\ , .i (E 1983/ 1.l and Corr. I). chap. XXYII. ~c~·t \ 212 General Assembly-Thirty-ninth Session 1984/52 of 14 March 1984, 129 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 Commis- sion on Human Rights points out in his report 130 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 nev- ertheless a situation of war and generalized violence con- tinues 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 con- cern and that the capacity of the judicial system to investi- gate 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 Gov- ernment of that country and the opposition forces are obli- gated 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 solu- tion has been initiated in El Salvador, which could be hin- dered if arms or military contributions of any other kind, making it possible to prolong or intensify the war, are pro- vided from outside, Taking into account that on 8 October 1984 the Presi- dent of El Salvador stated before the General Assembly that the main task of the mandate he was given by the elec- tions of 6 May 1984 is to achieve social harmony and internal peace in El Salvador, 131 and that the Special Rep- resentative 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 compre- hensive 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 Com- mission 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 indica- ted 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 econo- mic infrastructure of El Salvador; 5. Reaffirms once again the right of the Salvadorian people freely to determine their political, economic and 129 fbid., 1984. Supplement No. 4 (E/1984/14 and Corr.I), chap. IL sect. A. 130 N39/636, annex. 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 accord- ance 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 Govern- ment of El Salvador and the Frente Farabundo Marti para la Liberaci6n Nacional-Frente Democratico Revolucion- ario, 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 Libera- ci6n Nacional-Frente Democratico Revolucionario to intensify their talks until they achieve a negotiated com- prehensive political solution which will put an end to the armed conflict and estaolish a lasting peace based on the full exercise both of civil and political rights and of econo- mic, social and cultural rights by all Salvadorians; 9. Welcomes the fact that the Government of El Salva- dor and the insurgent forces have agreed through indirect talks to exchange prisoners of war and allow the Interna- tional 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 human- ize the conflict, and to agree as early as possible to respect the medical personnel and all military hospitals, as required by the Geneva Conventions; I 0. 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 eco- nomic 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 authori- ties 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 Salva- dor 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 Salva- dor, as well as to other parties concerned, to continue to Ill See Official Records of the General Assembly, Thirty-ninth Session, Ple- nary Meetings, 24th meeting, para. 55. VI. Resolutions adopted on the reports of the Third Committee 213 co-operate with the Special Representative of the Com- mission on Human Rights; 15. Decides to keep under consideration, during its for- tieth session, the situation of human rights and fundamen- tal freedoms in El Salvador, in order to examine this situa- tion anew in the light of additional elements provided by the Commission on Human Rights and the Economic and Social Council. 101st plenary meeting 14 December 1984 39/120. Situation of human rights and fundamental freedoms in Guatemala The General Assembly, Reiterating that the Governments of all Member States have an obligation to promote and protect human rights and fundamental freedoms, Recalling its resolutions 37/184 of 17 December 1982 and 38/100 of 16 December 1983, Taking note of Commission on Human Rights resolu- tion 1984/53 of 14 March 1984, 129 in which the Commis- sion expressed its profound concern at the continuing mas- sive violations of human rights in Guatemala, Mindful of resolution 1984/23 of 29 August 1984 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, 132 in which the Sub-Commission recognized, inter a/ia, that in Guatemala there existed an armed conflict of a non-international character, which stemmed from economic, social and political factors of a structural nature, Noting the elections to the Constituent Assembly held in July 1984, which fulfilled the first stage of the electoral process for the institution of a new constitutional Govern- ment according to the timetable proposed by the Govern- ment of Guatemala, and affirming the importance of crea- ting conditions in which the electoral process can be pur- sued in a climate free from intimidation and terror, Alarmed at the continuation of politically motivated violence in the form of killings and kidnappings, Alarmed also at the large number of persons who have continued to disappear and the unclear fate of those reported to have been tried by the special tribunals, now abolished, Welcoming the co-operation of the Government of Gua- temala with the Special Rapporteur of the Commission on Human Rights in the fulfilment of his mandate and noting with satisfaction that a list of cases dealt with by the spe- cial tribunals has now been handed over to the Special Rapporteur, l. Takes note of the interim report by the Special Rap- porteur on the situation of human rights in Guatemala, 133 prepared in accordance with Commission on Human Rights resolution 1984/53; 2. Reiterates its deep concern at the continuing grave and widespread violations of human rights in Guatemala, particularly the violence against non-combatants, the dis- appearances and killings and the widespread repression, including the practice of torture, the displacement of rural and indigenous people, their confinement in development centres and their forced participation in civilian patrols, organized and controlled by the armed forces; 132 See E/CN.4/ 1985/3-E/CN.4/Sub.211984/43, chap. XVIII. sect. A. 3. Once again urges the Government of Guatemala to take effective measures to ensure that all its authorities and agencies, including its security forces, fully respect human rights and fundamental freedoms; 4. Renews its call upon the Government of Guatemala to refrain from the forceful displacement of people belong- ing to rural and indigenous populations and from the prac- tice of coercing them into participation in civilian patrols, leading to human rights violations; 5. Welcomes the fact that many of the persons who were tried by the special tribunals have now been released and invites the Government of Guatemala to publish the list of cases dealt with by the special tribunals; 6. Requests the Government of Guatemala to investi- gate and clarify the fate of all persons who have been sub- jected to involuntary or forced disappearances and are still unaccounted for and to put an end to arbitrary detention and imprisonment in secret places; 7. Urges the Government of Guatemala to establish the necessary conditions to ensure the independence of the judicial system and to enable the judiciary to uphold the rule of law, including the right of habeas corpus, and to prosecute and punish speedily and effectively those found responsible for violations of human rights, including members of the military and security forces; 8. Calls upon the Government of Guatemala to allow an independent and impartial body to function in the country to monitor and investigate alleged human rights violations; 9. Reiterates its appeal to all parties concerned in Gua- temala to ensure the application of the relevant norms of international humanitarian law applicable in armed con- flicts of a non-international character to protect the civil- ian population and to seek an end to all acts of violence; 10. Appeals to the Government of Guatemala to allow international humanitarian organizations to render their assistance in investigating the fate of persons who have disappeared, with a view to informing their relatives of their whereabouts, to visit detainees or prisoners and to bring assistance to the civilian population in areas of conflict; 11. Calls upon Governments to refrain from supplying arms and other military assistance to Guatemala as long as serious human rights violations in that country continue; 12. Urges the Government of Guatemala to ensure a climate free from intimidation and terror which would allow the free participation of all in the political process; 13. Invites the Government of Guatemala and other parties concerned to continue co-operating with the Spe- cial Rapporteur of the Commission on Human Rights; 14. Requests the Commission on Human Rights to study carefully the report of its Special Rapporteur, as well as other information pertaining to the human rights situa- tion in Guatemala, and to consider further steps for secur- ing effective respect for human rights and fundamental freedoms for all in that country; 15. Decides to continue its examination of the situa- tion of human rights and fundamental freedoms in Guate- mala at its fortieth session. DJ A/391635. annex. JO 1 st plenary meeting 14 December 1984

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