E/CN.4/1995/111
page 33
109. While considering it inappropriate to affirm the existence of a planned
policy of "systematic violation" of human rights, the Procuraduría General, in
its third report on human rights, stated nevertheless that the violations had
been so numerous, frequent and serious over the years that they could not be
dealt with as if they were just isolated or individual cases of misbehaviour
by middle- and lower-rank officers, without attaching any political
responsibility to the civilian and military hierarchy. On the contrary, even
if no decision had been taken in the sense of persecuting the unarmed civilian
population, the Government and the high military command were still
responsible for the actions and omissions of their subordinates.
110. The Special Rapporteurs remain concerned at the contrast between
statements indicating high sensitivity to and awareness of human rights issues
at the top level of the armed forces and their practices in the field, which
very often fail to respect human rights. Indeed, despite clear international
obligations to the contrary, responsibility for such acts is vitiated by the
availability of the defence of obedience to superior orders. This has
recently been affirmed by the legislature, a majority of whose members, like
the previous President, insisted that "superior orders" can be a full defence
for involvement in enforced disappearance, in utter disregard of the relevant
international standards. 35/
111. The perception of the failure of the State to exercise effective control
and provide security, which is shared by high government officials, is
aggravated by the continuing wide gap between the wealthy, property-owning few
and the landless, unemployed or low-paid many in a country that is manifestly
rich in natural resources, economic activity and human potential. Indeed,
these are the conditions that have nourished the left-wing insurgency and
allowed some drug-traffickers to pose as modern Robin Hoods.
112. It will only be possible for the State to reassert itself effectively,
that is, with the respect and support of the population, if it can reform
itself in that area that is central to the legitimacy of any State, namely,
the establishment of the rule of law. Of course, this cannot be done in a
vacuum. There need to be serious attempts to pacify the country, not just by
a discredited military using criminal counterinsurgency techniques, but also
by seeking a political accommodation. The Special Rapporteurs welcome the
efforts made by the new administration with a view to ending the ongoing armed
conflict through negotiations with the insurgent groups that are still active.
The importance of peace for the enjoyment of human rights in areas of
guerrilla activities and military counterinsurgency operations cannot be
overemphasized.
113. The present administration has acknowledged the existence of these
problems and repeatedly declared its commitment to act on them. Both the
analysis and the statement of commitment are to be found in the new
President’s campaign statements, his inaugural address and his National Human
Rights Day statement. The commitment was reaffirmed directly to the Special
Rapporteurs by the President himself and several of his Ministers, in
particular those of Defence and the Interior.
114. This is not the first time that a peace process has been initiated. The
measure of commitment to respect for human rights, however, is the way and the
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