A/RES/40/139 GA

General Assembly - Fortietb Session _______________________ _:__ _______ ··---·--·-------·--- 248 3. A/so expresses its appreciation to the Govemments of Botswana, Lesotho, Swaziland and Zambia for the co- operation which they have extended to the High Commis- sioner on matters conceming the welfare of these refugees; 4. Notes with appreciation the financia! and material support provided for the student refugees by Member States, the Office of the United Nations High Commis- sioner for Refugees, other bodies of the United Nations system and intergovernmental and non-governmental organizations; 5. Requests the High Commissioner, in co-operation with the Secretary-General, to continue to organize and implement an etfective programme of educational and other appropriate assistance for student refugees from Namibia and South Africa who have been granted asylum in Botswana, Lesotho, Swaziland and Zambia; 6. Urges ali Member States and intergovemmental and non-governmental organizations to continue contributing generously to the assistance programme for student refu- gees, through financial support of the regular programmes of the High Commissioner and of the projects and pro- grammes, including unfunded projects, which were sub- mitted to the Second International Conference on Assist- ance to Refugees in A frica, 172 held at Gene va from 9 to 11 July 1984; 7. A/so urges ali Member States and ali intergovern- mental and non-governmental organizations to assist the countries of asylum materially and otherwise to enable them to continue to discharge their humanitarian obliga- tions towards refugees; 8. Appeals to the Office of the United Nations High Commissioner for Refugees, the United Nations Develop- ment Programme and ali other competent United Nations bodies, as well as other intemational and non-govem- mental organizations, to continue providing humanitarian and development assistance so as to facilitate and expedite the settlement of student refugees from South Africa who have been granted asylum in Botswana, Lesotho, Swazi- land and Zambia; 9. Calls upon agencies and programmes of the United Nations system to continue co-operating with the Secre- tary-General and the High Commissioner in the imple- mentation of humanitarian programmes of assistance for the student refugees in southem Africa; 10. Requests the High Commissioner, in co-operation with the Secretary-General, to continue to keep the matter under review, to apprise the Economic and Social Council, at its second regular session of 1986, of the current status ofthe programmes and to report to the General Assembly at its forty-first session on the implementation ofthe pres- ent resolution. 116th plenary meeting 13 December 1985 40/139. Situation of human rights and fundamental freedoms in El Salvador The General Assembly, Guided by the principies of the Charter of the United Nations, the Universal Declaration ofHuman Rights,6 the Intematlonal Covenant on Civil and Political Rights7 and the humanitarian rules set out in the Geneva Conventions of 12 August 1949 180 and Additional Protocols I and 11 thereto, 184 Aware that the Governments of ali Member States have an obligation to promote and protect human rights and 184NJ21144, annexr, 1 and 11 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 Decem- ber 1982, 38/101 of 16 December 1983 and 39/119 of 14 December 1984, it expressed deep concem at the situation of human rights in El Salvador, Bearing in mind Commission on Human Rights resolu- tions 32 (XXXVII) of 11 March 1981,26 in which the Commission decided to appoint a special representative on the situation of human rights in El Salvador, 1982/28 of 11 March 1982,27 1983/29 of 8 March 1983, 28 1984/52 of 14 March 198429 and 1985/35 of 13 March 1985,3º whereby the Commission extended the mandate of the Special Representative for another year and requested him to report, inter alía, to the General Assembly, Noting that the Special Representative of the Commis- sion on Human Rights points out in his interim report 185 that, in the process of the democratic norrnalization of the country, the question of respect for human rights is an important part of the current policy of the Republic of El Salvador, but that nevertheless a situation of generalized warlike violence continues to exist, that the number of attacks on life and the economic structure remains a cause for concem, and that the number of política! prisoners and abductions has increased, Deeply concerned that in El Salvador, in addition to the continuing armed conflict, the scarcely initiated dialogue between the Govemment and the Frente Farabundo Martí para la Liberación Nacional-Frente Democrático Revolu- cionario has been interrupted, Considering that, while the armed conflict of a non- intemational character continues, the Government and the insurgent forces are obliged to apply the mínimum stand- ards of protection of human rights and of humanitarian treatment set out in article 3 common to the Geneva Con- ventions of 12 August 1949, as well as Additional Protocol 11 thereto, to which the Republic of El Salvador is party, Aware that a política! solution to the Salvadorian con- flict may be thwarted if externa! forces, rather than assist- ing the resumption of the dialogue, contribute in any way to the intensification or prolongation of the war, Recognizing the value of dialogue as the best way to achieve genuine national reconciliation and the impor- tance ofthe fact that different sectors ofthe country favour an overall negotiated political solution wt.ich would put an end to the suffering of the Salvadorian people and stem the tide of refugees and intemally displaced persons, 1. Commends the Special Representative of the Com- mission on Human Rights for his interim report on the sit- uation of human rights in El Salvador; 2. Recognizes with interest and emphasizes that it is important that the Special Representative should have mdicated in his interim report that the Government of El Salvador is continuing its policy of attempting to improve the situation of human rights; 3. Expresses, nevertheless, its deep concern at the fact that serious and numerous violations ofhuman rights con- tinue to take place in El Salvador owing above ali to non- fulfilment of the humanitarian rules of war and therefore requests the Government of El Salvador and the insurgent forces to adopt measures conducive to the humanization of the conflict by observing scrupulously the Geneva Con- ventions of 1949 and the Additional Protocols thereto, and also recommends that the Special Representative should, for the duration of the armed confiict, continue to 185 A/40'818. annn observe and to inform the General Assembly and the Commission on Human Rights of the extent to which the contending parties are respecting those rules, particularly as regards humanitarian treatment and respect for the civ- ilian population, prisoners of war, those wounded in combat, health personnel and military hospitals of either party; 4. 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 which ali sectors of the population participate freely and effectively; 5. Requests ali States to refrain from intervening in the interna! situation in El Salvador and, instead of 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; 6. Deeply regrets the interruption ofthe dialogue initi- ated in October 1984 between the Government of El Sal- vador and the Frente Farabundo Marti para la Liberación Nacional-Frente Democrático Revolucionario and there- fore calls upon these parties to renew their talks so that by means of sincere, generous and open dialogue they may achieve a negotiated comprehensive political solution which will put an end to the armed conflict and contribute to the institutionalization and strengthening of the demo- cratic system based on the ful! exercise by ali Salvadorians oftheir civil and political rights and their economic, social and cultural rights; 7. Ca/Is upon the Government and the opposition forces, as agreed at the meeting held at La Palma on 15 October 1984, 186 to establish as soon as possible appropri- ate mechanisms to study the plans and proposals submit- ted by both parties and to include ali sectors of national life in the search for peace; 8. Views with concern that, as a consequence of the prolonged armed conflict, the number of refugees and internally displaced persons, who already constitute a con- siderable part of the Salvadorian population, continues to increase and requests ali States to collaborate in the recep- tion ofthe refugees and to support the autonomous organi- zations responsible for looking after internally displaced persons in El Salvador; 9. Again reiterates its appeal to the Govemment of El Salvador and to the opposition forces to co-operate fully with the humanitarian organizations dedicated to alleviat- ing the suffering of the ci vilian population, wherever these organizations operate in the country, and to permit the lnternational Committee of the Red Cross to continue to evacuate those wounded and maimed by war to where they can receive the medica! attention they need; 10. Deeply deplores the fact that the capacity of the judicial system in El Salvador to investigate, prosecute and punish violations ofhuman rights continues to be patently unsatisfactory and therefore urges the competent authori- ties to continue and strengthen the process ofreform ofthe Salvadorian 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; l l. 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 ofthe interna! conflict in that country; l 2. Ca/Is upon the competent authorities in El Salva- dor to introduce changes in the laws and other measures 186 See A/39/636, annex, sect. 11. that are incompatible with the provisions contained in the intemational instruments binding on the Govemment of El Salvador in respect of human rights; 13. Renews its appeal to the Government of El Sal va- dor. as well as to other parties concemed, to continue to co-operate with the Special Representa ti ve of the Com • mission on Human Rights; 14. Decides to keep under consideration, during its forty-first session, the situation of human rights and fun- damental freedoms in El Salvador, in order to examine this situation anew in the light of additional elements pro· vided by the Commission on Human Rights and the Eco- nomic and Social Council, in the hope that there will he improvement. 116th plenary meeting 13 December 1985 40/140. Situation of human rights and fundamental freedoms in Guatemala The General Assembly, Reiterating that the Governments of ali Member States have an obligation to promete and protect human rights and fundamental freedoms, Recal/ing its resolutions 371184 of 17 December 1982, 38/100 of 16 December 1983 and 39/120 of 14 December 1984. Recalling a/so Commission on Human Rights resolution 1984/53 of 14 March 1984,29 and taking note ofCommis- sion resolution 1985/36 of 13 March 1985, 30 in which it expressed its deep concern at the continuing serious and systematic violations ofhuman rights in Guatemala and at restrictive measures that limit the freedoms of the rural and indigenous populations, Mindful of resolution 1985/28 of 30 August 1985 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, 181 Welcoming the general elections held on 3 November 1985 for President, Vice-President and representatives to the national Congress and ofmunicipalities, with the parti- cipation of various política! parties, Noting with satisfaction the set of provisions to safe- guard human rights and fundamental freedoms contained in the new Constitution, which, when fully complied with by the new Govemment and ali others concemed, could lead to a significant improvement in the situation of human rights in Guatemala, Alarmed at the continuation of politically motivatrd violence, particularly killings and kidnappings, as well as enforced and involuntary disappearances and the lack of effective measures by the authorities in investigating such practices, Recognizing that the internal armed conflict of a non- intemational character which continues to exist in Guate- mala stems from economic, social and política! factors of a structural nature, Expressing its concern at the widespread suffering caused by disregard for the principies of international humanitarian law applicable to that conflict, Welcoming the co-operation ofthe Government ofGua- temala with the Special Rapporteur of the Commission on Human Rights as well as the invitation by the Govem- ment to severa! international human rights organizations to assess the situation of human rights and fundamental freedoms.

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