A/RES/41/157 GA

VI. Resolutions adopted on the reports of the Third Committee 205 41/157. Situation of human rights in El Salvador The General Assembly, Guided by the principies of the Charter of the United Nations, the Universal Declaration ofHuman Rights,2 the lnternational Covenant on Civil and Political Rights22 and the humanitarian rules laid down in the Geneva Con- ventions of 12 August 1949154 and Additional Protocols I and II thereto, of 1977,155 Reaffirming that the Governments of ali Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil the obligations they have undertaken under the relevant international in- struments, Reaffirming a/so the essential task of the United Nations to ensure the observance, promotion and strengthening of human rights among Member States, 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 16December 1983, 39/119 of 14 December 1984 and 40/139 of 13 December 1985, it expressed its deep concern at the situation ofhuman 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 of8 March 1983,28 1984/52 of 14 March 198429 and 1985/35 of 13 March 1985,30 as well as Commission resolution 1986/39 of 12 March 1986,31 whereby it extended the mandate of the Special Represen- tative for another year and requested him to report to the General Assembly at its forty-first session and to the Com- mission at its forty-third session, Noting with satisfaction that the Special Representative points out in bis report156 that the question of human rights continues to be an important element ofthe current policy ofthe Government ofEl Salvador which, within the process of democratic normalization, is achieving increas- ingly significant and commendable results, Expressing regret, however, that the armed conflict is persisting in El Salvador and that economic, political and social rights continue to be seriously jeopardized, and not- ing also that the attacks against civilians not participating in combat and against the economic infrastructure con- tinue to be a matter of great concern, Considering that there is an armed conflict of a non- international character in El Salvador in which the Gov- ernment of that country and the insurgent forces are un- der an obligation to apply the minimum standards of protection of human rights and humanitarian treatment provided for in article 3 common to the Geneva Conven- tions of 1949 and in Additional Protocol II thereto, of 1977, Bearing in mind also the praiseworthy humanitarian work carried out in El Salvador by the International Com- mittee of the Red Cross, Considering a/so, as indicated by the Special Representa- tive, that despite the laudable and serious governmental plans and projects for the reform of the administration of justice, the capacity of the judicial system in that country continues to be patently unsatisfactory, 154 United Nations, Treaty Series, vol. 75, Nos. 970-973. 155 A/32/144, annexes I and 11. 156 A/41/710, annex. Taking note ofthe report prepared by the Special Repre- sentative, 156 as requested by the Commission on Human Rights in its resolution 1986/39, Concerned about the continuing situation in which a considerable number ofSalvadorian citizens are obliged to leave their homes and become displaced persons or refu- gees, Recognizing that dialogue is the best way to achieve na- tional reconciliation, and with the understanding that broad sectors of the country favour a comprehensive política! negotiating process for a solution which would help to improve the situation of human rights and put an end to the suffering of the Salvadorian people, Aware that the negotiated political solution to the Sal- vadorian conflict can be cut short if external forces do not support the resumption of the dialogue but, instead, seek in ditferent ways to spur the prolongation or intensifica- tion of the war, with ensuing grave etfects on the situation of human rights, 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. Takes into account with interest and emphasizes that it is important that the Special Representative indicated in his report that the question of human rights is an impor- tant part of the policy of the Government of El Salvador, which is achieving increasingly significant and commend- able results; 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, inter alia, 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 1949154 and the Additional Protocols thereto, of 1977;155 4. Recommends that the Special Representative con- tinue to observe and 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 civilian population, prisoners of war, those wounded in combat, health personnel and military hospitals of either party; 5. Reaffirms once again the right of the Salvadorian people freely to determine their political, economic and social system without interference from outside, through a genuine democratic process, in which ali sectors of the population enjoy the guarantees necessary to enable them to participate freely and etfectively; 6. 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; 7. Expresses deep regret that the dialogue initiated in October 1984157 between the Government of El Salvador and the opposing forces continues to be interrupted and recommends the early resumption of open and generous talks so that through sincere dialogue they may be able, in accordance with the joint communiqué issued at La Palma, 157 to reach a negotiated comprehensive politi- cal settlement which will contribute decisively to an im- provemen; in the situation ofhuman rights, put an end to s~ct. 11 206 General Assembly-Forty-first Session the armed conflict and contribute to widening and strengthening the democratic system based on the full ex- ercise by all Salvadorians of their civil and political rights and economic, social and cultural rights; 8. Reiterates its appeal to the Government of El Salva- dor and to the opposing forces to co-operate fully with the humanitarian organizations dedicated to alleviating the suffering ofthe civilian population, wherever these organi- zations operate in the country, and to permit the Intema- tional Committee ofthe Red Cross to continue to evacuate those wounded and maimed by war to where they can re- ceive needed medical attention; 9. Requests ali States to collaborate, as muchas possi- ble, in the reception of refugees and to support the autono- mous organizations dealing with displaced persons within El Salvador, and requests the Govemment ofthat country to grant facilities to Salvadorians wishing to return to their homes; 10. 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 un- satisfactory and therefore urges the competent authorities to deepen the process ofreform ofthe Salvadorianjudicial 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. Calls upon the competent authorities in El Salva- dor to make the national legislation compatible with the provisions contained in the intemational instruments on human rights binding on the Government ofthat country; 12. Recommends the continuation and broadening of the reforms necessary in El Salvador, including the effec- tive implementation of agrarian reform, in arder to con- tribute to a solution of the economic and social problems which constitute the roots of the intemal conflict in that country; l 3. Renews its appeal to the Govemment of El Salva- dor, as well as to other parties concerned, to continue to co-operate with the Special Representative of the Com- mission on Human Rights and requests the competent hodies of the United Nations system to provide any ad vice md assistance which the Govemment ofEl Salvador may , ... quire to achieve the highest levels in the promotion and • •rotection of human rights and fundamental freedoms; 14. Decides to keep under consideration, during its forty-second 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 pro- vided by the Commission on Human Rights and the Eco- nomic and Social Council, in the hope that there will be improvement. 97th plenary meeting 4 December 1986 41/158. Question of human rights and fundamental freedoms in Afghanistan The General Assembly, Guided by the principies embodied in the Charter of the United Nations, the Universal Declaration of Human Rights,2 the International Covenants on Human Rights24 and the humanitarian rules set out in the Geneva Conven- tions of 12 August 1949,154 Aware of its responsibility to promote and encourage re- sp, ,r human rights and fundamt • • ··"•.'OPm, for ali and resolved to remain vigilant with regard to violations of human rights wherever they occur, Emphasizing the obligation of ali Govemments to re- spect and protect human rights and to fulfil the respon- sibilities they have assumed under various international instruments, Recalling Commission on Human Rights resolution 1984/55 of 15 March 1984,29 in which the Commission expressed its concem and anxiety at the continuing pre~- ence of foreign forces in Afghanistan, as well as Econom~c and Social Council resolution 1984/37 of24 May 1984, m which the Council requested the Chairman of the Com- mission on Human Rights to appoint a special rapporteur to examine the situation of human rights in Afghanistan, Recalling also Commission on Human Rights resolution 1985/38 of 13 March 1985,30 in which the Commission expressed its profound concern at the grave and massive human rights violations in Afghanistan and urged the authorities in that country to put a stop to those viola- tions, in particular the military repression being con- ducted against the civilian population of Afghanistan, Recallingfurther Economic and Social Council decision 1985/147 of30 May 1985, by which the Council approved the decision of the Commission on Human Rights to ex- tend the mandate ofthe Special Rapporteur and to request him to report to the General Assembly at its fortieth ses- sion and to the Commission at its forty-second session on the situation of human rights in Afghanistan, including the human and material losses resulting from the bom- bardments of the civilian population, Recalling resolution 1985/35 of 30 August 1985 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, 158 in which the Sub-Commission requested the Commission on Human Rights to ask the Special Rapporteur to look into, in particular, the fate of women and children as a consequence of the conflict in Af- ghanistan, Recalling a/so its resolution 40/137 of 13 December 1985, in which it expressed its profound concern that disregard for human rights in Afghanistan was more wide- spread and that the conflict continued to engender human rights violations on a large scale, endangering, as a result, not only the lives of individuals but also the existence of whole groups of persons and tribes, Taking note of Commission on Human Rights resolu- tion 1986/40 of 12 March 198631 and Economic and So- cial Council decision 1986/136 of 23 May 1986, by which the Council approved the Commission's decision to ex- tend for one year the mandate of the Special Rapporteur, Having carefully examined the interim report ofthe Spe- cial Rapporteur on the situation of human rights in Af- ghanistan, 159 which reveals continuing grave and massive violations of fundamental human rights in that country, Recognizing that a situation of armed conflict continues to exist in Afghanistan, leaving large numbers of victims without protection or assistance, Deploring the continuing refusal of the Afghan authori- ties to co-operate with the Special Rapporteur, 1. Commends the Special Rapporteur for his report on the situation of human rights in Afghanistan; 2. Expresses once again its deep concern that the Af- ghan authorities, with heavy support from foreign troops, are acting with great severity against their opponents and I58 See E/CN.4/1986/5-E/CN.4/Sub.2/1985/57, chap XX, sect. A. 119 A/41/778. anncx.

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