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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