E/CN.4/1989/15 page 37 Special Rapporteur has had, whether with persons connected with the Government or with persons who were highly critical of government policy, there emerged, however, one common conclusion: one of the main causes of the problem in the rural (mainly mountainous) areas where the guerrilla forces are active is the fact that the local population (campesinos) has always been a neglected group within Peruvian society; hardly any investments have been made in those areas to promote and further their economic development and political awareness in general was low. it was submitted from various sides to the Special Rapporteur that, in the present struggle between the authorities and the guerrilla movements the campesinos were again the victims: their human rights were violated in a massive way by both sides, whereas they themselves seemed to have no stake in the cause of either; some sources were of the opinion that, unless the Government succeeded in giving them a stake in its cause, the local population in the long run would inevitably take the side of the Government's opponents. 184. The crucial role of the local population in the solution of the present problems seems to be recognized by the Government as well. Both the Minister of the Interior and the Vice-Minister of Justice stressed the importance of motivating the local population in the struggle against terrorism: "the war must be won by the Peruvian people and Peruvian society". In a public statement, made during the Special Rapporteur's visit, the Minister of Defence said that the main problem was the realization of social and economic rights and that the struggle against subversion should not be left to the military alone. 185. From all information received by him, the Special Rapporteur came to the conclusion that serious human rights violations must be ascribed to the guerrilla movements, in particular Sendero Luminoso, which has committed many atrocities. On the other hand, neglect for the respect of human rights on the part of the security forces, in particular in areas under emergency law, should be a matter of serious concern. 186. The legal framework for the protection of human rights in Peru is basically sound. Human rights are satisfactorily guaranteed by the Constitution and by other legal provisions. In this respect in particular the institution of the Ministerio Publico deserves mention. The existence of an independent authority, with the competence to investigate alleged cases of human rights violations and to bring charges against the responsible authorities, is in itself a highly effective protective instrument. This effectiveness is increased by the fact that this same functionary has a dominant role in criminal investigations and conducts the investigations himself, in cases of terrorism. If all legal provisions were properly implemented, basic human rights would be well protected even under a state of emergency. 187. The main problem, therefore, is that, in particular in the emergency areas, the machinery provided by the law, has ground to a halt. It has been submitted to the Special Rapporteur that these legal provisions are seen by those who are directly responsible for the restoration of law and stability as too burdensome in the fight against a ruthless enemy. This, however, can never be an argument to condone practices which are unequivocally forbidden by law. The following recommendations, therefore, may be made: