HUMAN RIGHTS COMMITTEE CONSIDERS CIVIL AND POLITICAL SITUATION IN EL SALVADOR

Human Rights Committee
78th session
23 July 2003



The Human Rights Committee this afternoon concluded its consideration, carried out over three meetings, of the third periodic report of El Salvador on how that country implements the provisions of the International Covenant on Civil and Political Rights.
Introducing his country's report, Jose Roberto Meja Trabanino, Coordinator of Global Themes at the General Direction of External Policies at the Ministry of External Relations of El Salvador, said that the signing in 1992 of the Peace Accords and the cessation of the violent armed conflict had allowed the country to embark on new prospects for the consolidation of a new democratic society and for national development.
Mr. Meja Trabanino said that the strengthening of the democratic institutions had guaranteed civil liberty, respect for human rights and public participation; however, the implementation of the 1992 Peace Accords had not been without difficulties and limitations, which were expected under such undertakings.
Also introducing the report, Mario Castro Grande, Minster-Counsellor at the Permanent Mission of El Salvador to the United Nations Office at Geneva, said that his country attached great importance to the implementation of its human rights obligations under international treaties.
Over the course of their consideration of the report, a number of Committee Experts questioned whether the Amnesty Law allowed victims of the armed conflict to obtain justice.
In response, the Salvadorian Government delegation said that the Amnesty Law was part of the process of reconciliation provided for by the Peace Accords reached by the Government and the guerrillas. The Amnesty Law also respected all relevant international conventions to which El Salvador was a party.
The delegation of El Salvador was also made up of Ramiro Recinos Trejo, Minister-Counsellor, Permanent Mission of El Salvador in Geneva; Miguel Angel Francia Diaz, General-Secretary, General Finance of the Republic; Mario Pozas, of the Ministry of the Interior; Carlos Hernandez Zunigo, Chief of the International Labour Norms, Ministry of Labour and Social Affairs; and Mauricio Armando Aparicio Amaya, Expert in Human Rights, Ministry of External Relations.
The Committee will release its formal, written concluding observations on the report of El Salvador at the end of its four-week session which closes on 8 August. In preliminary remarks, the Chairperson of the Committee, Abdelfattah Amor, said that during the discussions, the Committee had expressed concerns about the Amnesty Law. Since El Salvador was committed to the respect of international norms, it should not adopt laws that contradict these norms.
El Salvador is among the 150 States parties to the International Covenant and as such it must submit periodic reports to the Committee on efforts to comply with the provisions of the treaty.
When the Committee reconvenes at 10 a.m. on Thursday, 24 July, it will deal with individual communications in private. It will meet in public at 3 p.m. to take up the second periodic report of Israel (CCPR/C/SLV/2001/2).

Report of El Salvador
The third periodic report of El Salvador (CCPR/C/SLV/2002/3) contains a detailed account of the State party's efforts aimed at the implementation of the provisions of the International Covenant on Civil and Political Rights. It notes that for El Salvador, the period under review has been one of profound legal and institutional changes resulting from the Peace Accords signed in Chapultepec, Mexico, on 16 January 1992. Among other changes, the Accords have promoted ideological and political tolerance and the development and consolidation of democracy. These changes have brought into being an environment favourable to the exercise and enjoyment in El Salvador of all human rights, in particular civil and political rights.
Difficulties of various kinds, some more substantial than others, have arisen during the post-conflict period, but the advances made during the peace process have been consolidated -- a demonstration of the efforts of the State and of civil society itself to secure substantial progress in the enjoyment of civil and political rights and freedoms. The revised version of the Constitution which resulted from the Peace Accords corresponds to a modern concept of a State based on the rule of law and its provides fundamental guarantees of the constitutional and judicial protection of human rights in El Salvador. The 1992 reform of the Constitution in respect of habeas corpus, which extended the scope of this remedy to review of the conditions of detention, and the entry into force in 1998 of a new system of criminal prosecution and prison procedures, were among the most pertinent examples of the introduction of modern laws and institutions in order to achieve true respect for human rights and to build democracy and peace in the country.
The report also notes that a number of cases found receivable by the Inter-American Commission on Human Rights are being dealt with under the "amicable settlement" procedure, thus demonstrating the political will of the State to bring alleged violations before international bodies. The rule of law is being consolidated in the country and the serious and systematic violations committed during the armed conflict have been eradicated.

Presentation of Report
MARIO CASTRO GRANDE, Minster-Counsellor at the Permanent Mission of El Salvador to the United Nations Office at Geneva, said that his country attached great importance to the implementation of its human rights obligations under international treaties. The delegation that came to Geneva to present the country's periodic report was composed of representatives of different institutions pertaining to the implementation of human rights. The Government of El Salvador wished to establish a frank and continued dialogue with the Committee in order to evaluate the effective protection and promotion of human rights in the country.
JOSE ROBERTO MEJA TRABANINO, Coordinator of Global Themes at the General Direction of External Policies at the Ministry of External Relations of El Salvador, said that the signing in 1992 of the Peace Accords and the cessation of the armed conflict that had inflicted violence in the country had allowed El Salvador to embark on new prospects for the consolidation of a new democratic society and national development. The strengthening of democratic institutions guaranteed civil liberty, respect for human rights and public participation. However, the implementation of the 1992 Peace Accords was not without difficulties and limitations, which were expected under such undertakings.
Mr. Meja Trabanino said that the implementation of the Peace Accords had been further affected by problems, such as the 1998 Hurricane Mitch, and the subsequent drought. As a result of the unfavourable world economic recession, the country's export revenue had plummeted. Other internal factors, such as criminal activities, had also affected internal security and the state of law.
Following the signing of the Peace Accords and their implementation, the United Nations had terminated its verifying mission, Mr. Meja Trabanino said. The United Nations had reaffirmed the political will of the Government of El Salvador during the implementation of the Peace Accords. El Salvador was a transformed country capable of assuming its role in strengthening its democratic institutions and developing a culture of tolerance.

Discussion
Responding to written questions prepared by Committee Experts in advance, the members of the Salvadorian delegation said that the Amnesty Law adopted by the Government was in compliance with the country's Constitution. Everything was done so that the Constitution was not violated. The Amnesty Law also respected all relevant international conventions to which El Salvador was a party.
Further, with regard to the compatibility of the General Amnesty Act of 1993 with article 2 of the Covenant and with the Constitution, the delegation said that the Act was constitutional in nature. The adoption of the Act did not prohibit the opening of cases covered by the Amnesty before the courts, and victims or their relatives could claim compensation.
Concerning the 1993 report of the Truth Commission recommending the suspension from office of all military and court officials, the delegation said that new mechanisms with new judges had been introduced within the judicial body. In order to improve the judicial profession, an academy had been created to improve the capacity of judges at all levels. In keeping with human rights, new police forces had replaced the old policemen. The national police was a profession institution and it was detached from the armed forces, which was the case in the past.
The Office of the Procurator for the Protection of Human Rights was an independent body which monitored the implementation of human rights, the delegation said. It also had the power to carry out investigations into human rights violations by the State authorities and private citizens. The Office provided protection of human rights in cases of crisis.
Asked to comment on the information received by the Committee suggesting that persons who were members of the armed forces and who could have been involved in criminal activities or with paramilitary groups that were active during the armed conflict, had been appointed to senior positions in the National Civil Police, the delegation said that members of the former National Police and of the former guerilla groups who joined the National Civil Police did not come from the armed forces nor from paramilitary groups implicated in criminal activities. In order to join the police, candidates needed to pass courses supervised by the international community.
On the issue of gender and non-discrimination and the measures taken by the State party to secure equality for women, the delegation said that the Government had been promoting various projects to uphold the rights of women. Other programmes had been executed with the aim of strengthening the advancement of women in all fields, including political life and administration. At present, 31 women served as deputies in the country's legislative body. The establishment of the National Institute for the Advancement of Women had been among the achievements of the State. Women also participated in the armed forces and in the police, in addition to their involvement in diplomacy. The National Institute had allowed the incorporation of the gender prospective in public affairs and the improvement of women's status.
Asked why some factories in the Export Processing Zones did not hire pregnant women and required women to submit the results of a pregnancy test, the delegation said that the Ministry of Labour and Social Care was not aware of the existence of such a requirement. Workers were required to undergo medical examination before being hired. Acts of discrimination against pregnant women were not common. The Ministry of Labour and Social Care was fully committed to the State's international obligations and would see that all labour legislation was implemented and reinforced.
Article 133 of the 1998 Penal Code had established penalties for abortion, the delegation said. The law punished those who incited or performed the abortion and the women who underwent the operation, including on medical grounds.
Committee Experts raised a number of follow-up oral questions. Among other things, they asked about the holding of office by past violators of human rights; the cover-up of some past violations by the Amnesty Law; the lack of contraceptives for women; the obligation of a woman to carry a foetus even if it threatened her life; the rights of homosexuals and lesbians; the high rate of victims of domestic violence; the crime of rape; male police violence against women counterparts; high maternal mortality due to illegal abortions; and the achievements of the country's "ombudsman".
Responding, the members of the Salvadorian delegation said that following the Peace Accords, El Salvador, which had been tired of the armed conflict, had had to accept the promulgation of the Amnesty Law. Since it was closely related to the provisions of the Constitution, it did not stand in the way of the enjoyment of the rights and freedoms set up in the Constitution and the Covenant. The measures of amnesty did not completely close the right to reopen cases of human rights violations perpetrated prior to the Amnesty Law. The entire legal instruments were at the disposal of those who wished to obtain justice.
With regard to the practice of abortion, the delegation said that the law was rigid and there was no room for flexibility. The Constitution recognized the rights of individuals from their inception. However, the law needed to be overhauled so that it could become flexible with regard to the issue of abortion.
Concerning the findings of the Truth Commission established in 1992, the delegation said the Commission was created following dramatic negotiations between the Government and the armed groups to achieve peace. Both parties, the Government and the guerrillas, had become engaged in a self-cleansing process vis-à-vis their past acts. The population had been in favour of going forward with a process of overcoming the traumatism of the past. The Commission had also continued to carry out its functions in establishing the truth pertaining to the past conflict.
In the present police force, there were former guerrillas and members of the old police force, the delegation said. The Government was aware that it should ensure that perpetrators of human rights violators did not join the police force.
The delegation said that El Salvador was endeavouring to comply with international labour conventions and with its own labour legislation. It had put in place a number of measures to protect and promote labour rights among workers. A labour court had also been set up to examine labour disputes between workers and employees.
With regard to minorities, the delegation said that there was no repression in the country against homosexuals. There was no prosecution of homosexuals despite police intervention against their manifested disturbances of public order. Homosexuals had their own association which operated freely.
Since abortion was illegal, it was not possible to establish figures reflecting the extent of its practice.
Responding to the remaining written questions prepared in advance by Committee Experts, the members of the delegation of El Salvador said the murder of the six Jesuit priests, their cook and her daughter on 16 November 1989 had been investigated and the case was still pending. Concerning the killing of the Archbishop of San Salvador, criminal responsibility had been established against one individual. The Archbishop was killed while celebrating mass on 24 March 1980 in the chapel of the Divine Providence Hospital in San Salvador. With regard to the massacre of civilians at El Mozote, department of Morazan, that took place on 10 December 1981, measures had been taken by the State to elucidate the incident. The incident was covered by the Amnesty Law. It was reported that 767 persons, mostly children, elderly persons and women, had been victims of the massacre.
The request to Parliament for the establishment of a national commission to investigate the disappearance of children in the armed conflict, submitted by the "Associacion Pro-busqueda de Ninas y Ninos Desaparecidos", did not obtain the necessary vote in the Assembly, the delegation said. The bill to establish the commission might be given further thought in the future.
Concerning the regulations governing the use of firearms by the police, army and other security forces, the delegation said that in 2001, police training had been provided to ensure the legitimate use of firearms. The use of firearms by the police and army was regulated by law, and the authorities were endeavouring to enforce it.
A whole set of mechanisms and guarantees were put in place to investigate police abuse, the delegation said. The Police Inspectorate General was responsible for the investigation of complaints against the members of the National Police.
As regards the results of the work carried out by the presidential commission established to investigate police misconduct, the delegation said that the investigation had led to the purge of 1,000 police officers from the National Police.
The Committee said that according to information received, almost 60 per cent of female sergeants had allegedly been victims of violence within the National Civil Police, to which the delegation said that there were only 40 women sergeants in the police and that the extent of the violence was not specific. The study carried out had shown that only 23 women sergeants were reported to be victims of violence varying from shouting to psychological repression. Women in higher ranks were not victimised.
Paragraph 271 of the report stated that between 1996 and 2001, the Inspectorate General had received 1,222 reports of cruel, inhuman or degrading treatment inflicted by police officers, and that "the trend was clearly upwards". Asked about the steps taken by the State party to deal with this situation, the delegation said that complaints lodged by citizens against police misconduct had been investigated, and a hotline -- "122" -- had been made available to the population to report police abuse. Police officers involved in such misconduct had been either reprimanded, dismissed or were serving prison terms for their criminal responsibilities.
All detention centres were classified according to the legal situation of prisoners, as a consequence, prisoners under pre-trial procedures and those who were sentenced were not held in the same prisons. Only one prison held prisoners of the two categories, but provided separate facilities for them. Further measures were taken by the State to prevent prisoner-on-prisoner violence, particularly among minors. The activities of the youth gangs were the main causes of disturbances in prisons, and one of the main measures in this respect was to place the gangs in different prisons.
In order to combat trafficking in persons, the Government had taken a series of legal measures, and such acts had been made crimes incurring penalties, the delegation said. The law of 2001 on trafficking of persons had provided for the criminalization of such activities. Because El Salvador had been used as a transit stop from the south to the north, further measures were also required to abate the activities of trafficking in persons, particularly in women.
Committee Experts continued to raise additional questions on issues such as the militarization of the police force after former army officers joined it; the repealing of the Amnesty Law to allow the reopening of past cases of atrocities committed during the armed conflict; the number of disappeared children; the number of people found and reunited with their families; and prison conditions, among other things.
Responding, the members of the delegation of El Salvador said that the new National Civil Police was among the establishments that the Government was proud of. The entire police was a national civilian institution and would continue in that line. The allegation that it had been militarized was unfounded.
On the question of external monitoring of the National Civil Police, the delegation said that the idea of establishing a "national police ethics council" would be thought of, and the Government would announce as soon as it was created in order to monitor the activities of the National Police. Currently, the Inspectorate General was part of the National Civil Police and it was accountable to the head of the National Civil Police.
The Amnesty Law was a very delicate issue and the concerns of the Committee were understandable to the Government, the delegation said. The killing of Archbishop Romero had been investigated but it was covered by the Amnesty Law. Although it was regrettable that the case was shelved, there was little chance that the case would be reopened.
The Procurator General for the Protection of Human Rights -- the Ombudsman -- had received threats apparently in the context of a prison riot. Following the threat, the Government had provided security protection for the officials of the Office.
The political parties represented in the National Assembly had not reached a consensus to establish a national commission to investigate the disappearance of children during the conflict, the delegation said. When an agreement was reached by the legislators, such an institution could be created. So far, the number of disappeared children had not been established. Some cases of disappeared children had been addressed to the Inter-American Commission on Human Rights, and one case to the Inter-American Court of Human Rights. The Government recognized that the process of establishing the number of disappeared children was slow.
Responding to the remaining written questions, the members of the delegation said that the Government had drafted an in-house handbook on procedures governing undocumented foreigners. A computerized registration system had been introduced to monitor the movement of foreigners, which enabled it to detect illegal immigrants and trafficked persons. Undocumented persons held in El Salvador were returned to their countries of origin after identification of their nationality.
Asked about the possible irregularities in the academic qualifications of lawyers, prosecutors and judges, the delegation said that Attorney-General had inquired into 960 cases of alleged irregularities and had found 169 cases of false qualifications. Some officers whose qualifications did not match their functions had already been removed from office.
The 2002 law on security had provided consistent safeguards to the country and its population, the delegation said. The law was adopted following the 11 September 2001 attacks. The objective of the law was to strengthen the capacity of the institutions to protect the security of the population. However, the law had labelled as a regressive one by some individuals.
On the steps taken by the State party to prevent the loss of the ancestral languages and cultures of the indigenous peoples, the delegation said that the Government, by a law in 1995, had given responsibility to the National Council for Culture and the Arts (Ministry for Education) to defend, promote and protect the indigenous people. Articles 62 and 63 of the Constitution provided for all customs and cultural heritages to be safeguarded. A National Council had also been set up to pursue the efforts of the Government to protect indigenous peoples. A research programme had been carried out in addition to the pilot projects to strengthen the safeguards of indigenous languages and cultures. The Government had realized that indigenous languages had been deteriorating and needed further efforts to revive them.
Responding to a question, the delegation said that the police and the prison department were two sections under the Ministry of the Interior. The police had the right to keep a suspect for 72 hours before presenting the individual before the instructing judge. It was the judges that could decide to send the individual to prison on pre-trial procedure or to free him or her.
On the independence of the judiciary, the delegation said that the Judicial Council was responsible for the appointment of judges. The functions of the judges were separate from the Ministry of Justice.
The regulations for the functioning of the police ethics council had been drafted, the delegation said. However, the law to set up the council was not yet ready; and no decision had been taken on when it would start to function.
Concerning the reform of the Constitution, the delegation said that within its programme of legal review, the Government could give a thought to a constitutional reform. The Amnesty Law could not be reformed without changing the Constitution.

Preliminary Remarks
Committee Chairperson Abdelfattah Amor thanked the members of the Salvadorian delegation for the additional information which they had supplied to the Committee. He said the efforts of the Government to comply with the International Covenant were highly appreciated. During the discussion, the Committee had expressed concerns about the Amnesty Law and the subsequent impunity. Since El Salvador was committed to respect international norms, it should not adopt laws that contradicted these norms. The issue of the National Civil Police and its functions had also drawn the Committee's attention. The establishment of the police ethics council would be an important step in monitoring police misconduct. Concerning disappeared children, the Government had not done much to clarify the situation and punish those who were responsible.



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