From: rich@pencil.cs.missouri.edu (Rich Winkel)
Newsgroups: misc.activism.progressive
Subject: Proceso 533: Human Rights
Date: 15 Oct 92 21:13:16 GMT
Followup-To: alt.activism.d
Organization: PACH
Originator: rich@pencil.cs.missouri.edu

/** reg.elsalvador: 132.0 **/
** Topic: Proceso 533: Human Rights **
** Written 11:54 am  Oct 15, 1992 by cidai@huracan.cr in cdp:reg.elsalvador **
From: cidai@huracan.cr (Centro de Informacion Documentacion y Apoyo a la Invest. - UCAJSC)
Subject: Proceso 533: Human Rights

Center for Information, Documentation and Research Support (CIDAI)
Central American University (UCA)
San Salvador, El Salvador
 
PROCESO 533
October 7, 1992
 
IDHUCA Report:
The visit of Dr. Pedro Nikken
 
     "The week of the visitors," read the title of the September 30
editorial in La Prensa Grafica, in reference to the presence of
three "personalities" related to the peace process: Marrack
Goulding, top U.N. official; Bernard Aronson, U.S. Assistant
Secretary of State for Inter-American Affairs; and George Joulwan,
head of the U.S. Southern Command. We are not sure why, but the
editorial writer forgot to mention one more, whose importance must
not be overlooked. From September 28 until October 4, Dr. Pedro
Nikken was visiting El Salvador, in his capacity as an independent
expert on El Salvador for the U.N. Human Rights Commission. The
figure of an independent expert was created for our country by
Resolution 1992/62 of the that Commission, during its last meeting
in early 1992 in Geneva, Switzerland.
     The mission of the eminent Venezuelan jurist, who is also
president of the Inter-American Human Rights Institute (IIDH), was
established by the Resolution and is to "provide assistance to the
government of El Salvador in the area of human rights; study the
situation of human rights in the country and the impact that the
implementation of the peace accords has on their effective
enjoyment; and investigate the way in which both sides put into
practice the recommendations contained in the definitive report of
the Special Representatives and those made by the U.N. Observer
Mission in El Salvador, as well as by the commission created during
the process of negotiations."
     The breadth alone of the mandate is a great challenge to be
faced by this independent expert. And its complexity is even
greater because, in practice, the difficulties inherent in each one
of its aspects are numerous. Let us review some of the details of
the situation which Dr. Nikken found upon his arrival.
     The last report issued by the Special Representative of the
U.N. Human Rights Commission, Prof. Jose Antonio Pastor Ridruejo,
transmitted by the Secretary General to the General Assembly of the
U.N. during its 46th session, contained specific recommendations
for both sides. The "constitutional powers of the Republic of El
Salvador" were reminded to review "the recommendations contained in
the previous report," particularly the "adoption of measures which
prevent all kinds of threats and psychological intimidation against
certain sectors of the population"; to "persist in the promotion of
judicial reform and the creation of an efficient body of criminal
investigation subordinate to the judicial organ"; and "persist in
carrying out the agrarian reform program and other structural
reforms necessary for the increased well-being of the population."
To the FMLN, Pastor Ridruejo also reiterated the recommendations
made in his previous report, principally to be "firmly persistent
in its policy to refrain from placing land mines in places which
could cause death or injury to civilians," as well as to
"immediately and completely abstain from any type of attack on the
economic infrastructure of the country."
     A brief glance at current events provide enough basic elements
to form an opinion. We will use a document which can hardly be
considered biased in favor of the opposition: the latest report of
the Human Rights Division of ONUSAL.
     Threats -principally against "known members of religious,
political or trade union organizations"- were numerous between
August 1991 and May 1992. In all, 217 denunciations were received
and accepted by ONUSAL, and the majority were attributed to the
Armed Forces (93), the Secret Anti-Communist Army (9), "unknown
persons" (54) and "others" (61). In this category, the government
side does not pass Dr. Nikken's test. With regard to the
administration of justice, it is better not to go into detail. It
is enough to recall, as an example, the specific allegations made
by Dr. Francisco Lima and the lack of a coherent and satisfactory
response on the part of judicial authorities. ONUSAL, in its
report, speaks of a revealing "lack of response to societal demands
for administration of justice made on the judicial organ, the
public ministry and its auxiliary organs." Finally, the agrarian
problem continues unresolved, and is on the point of becoming one
of the principal obstacles to progress in the peace process. With
regard to the FMLN, we have no knowledge if it has carried out
activities contrary to the recommendations made by Prof. Pastor
Ridruejo.
     One could conclude, then, that in the area of human rights,
the Salvadoran situation is not satisfactory enough to be able to
assert that practices involving attacks on human life, safety,
freedom and physical integrity have been ended. These practices
have been condemned for over a decade by the international
community. But fundamentally, it is troubling that by now the
internal mechanisms aimed at defending and promoting citizens'
rights -which are violated every day- are non-functional. The
judicial system and the public ministry continue to be severely
questioned, and show no sign of any thorough necessary changes. At
the same time, unfortunately, the political opposition has offered
no effective alternatives and the executive branch has done nothing
to contribute to a solution.
     The abovementioned editorial in La Prensa Grafica states:
"Fulfilling on time the commitments which have been made, and doing
so in a proper and open fashion, is something which would be
beneficial to all, especially to the future of this process of
peace and democratization." We fully agree with that stance and, in
that context, demand that greater attention be paid to the
situation of human rights by all parties -government authorities,
political parties, social organizations and the population as a
whole. Unless human rights are truly respected, by making the
institutions in charge of guaranteeing them fully functional, any
future plans will necessarily fall apart. This is why we are
pleased by the presence in El Salvador of a person of the stature
of Dr. Pedro Nikken, whose moral and intellectual qualities
foretell a firm and decisive report to the U.N. General Assembly
and Human Rights Commission. For this reason, even though almost no
one did so, and even omitted his name from the list of
"illustrious" visitors that week, we wish him success in his work,
for the good of the Salvadoran people.
 

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