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Economic and Social Council UNITED NATIONS E Distr. Economic and Social GENERAL Council E/1990/6/Add.39 23 February 2005 ENGLISH Original: SPANISH Regular session of 2005 IMPLEMENTATION OF THE INTERNATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS Second periodic reports submitted by States parties in accordance with articles 16 and 17 of the Covenant Addendum EL SALVADOR* ** *** [6 December 2004] * The initial report submitted by the Government of El Salvador concerning rights covered by articles 1 to 15 of the Covenant (E/1990/5/Add.25) was considered by the Committee on Economic, Social and Cultural Rights at its fourteenth session in 1996 (see documents E/C.12/1996/SR.15-16 and 18 and E/C.12/1/Add.4). ** The information submitted in accordance with the consolidated guidelines relating to the initial part of State party reports is contained in the core document (HRI/CORE/1/Add.34/Rev.1). *** In accordance with the information transmitted to States parties concerning the processing of their reports, the present document has not been formally edited before being sent to the United Nations translation services and is being circulated as received. GE-05-40491 (EXT) E/1990/6/Add.39 page 2 CONTENTS Paragraphs Page INTRODUCTION ............................................................................................ 1 - 17 3 A. Article 1 ............................................................................................ 18 - 36 5 B. Article 2 ............................................................................................ 37 - 47 7 C. Article 3 ............................................................................................ 48 - 67 9 D. Article 4 ............................................................................................ 68 - 14 12 E. Article 5 ............................................................................................ 69 - 70 12 F. Article 6 ............................................................................................ 71 - 137 13 G. Article 7 ............................................................................................ 138 - 208 21 H. Article 8 ............................................................................................ 209 - 231 31 I. Article 9 ............................................................................................ 232 - 363 34 J. Article 10.......................................................................................... 364 - 412 52 K. Article 11.......................................................................................... 413 - 693 59 L. Article 12.......................................................................................... 694 - 747 106 M. Article 13 and 14............................................................................... 748 - 865 113 N. Article 15.......................................................................................... 866 - 994 129 List of annexes E/1990/6/Add.39 page 3 INTRODUCTION 1. Pursuant to articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights, the Government of El Salvador submits to the Committee on Economic, Social and Cultural Rights its combined second and third periodic report, which contains information about the action taken and the progress made in its effort to secure observance of the rights recognized in the Covenant. 2. This report has been prepared in accordance with the Committee’s concluding observations on the initial report of El Salvador (document E/C.12/1/Add.4 of 28 May 1996),with compilation of guidelines on the form and content of reports to be submitted by States parties to the international human rights treaties (document HRI/GEN/2/Rev.1 of 9 May 2001), and with the Committee’s general recommendations contained in the compilation of general comments and general recommendations adopted by the human rights treaty bodies (document HRI/GEN/1/Rev.5 of 26 April 2001). 3. The information contained in the report was produced by an inter-institutional team coordinated by the Ministry of Foreign Affairs and drawing its members from the following institutions: the Supreme Court of Justice; the Ministry of Labour and Social Security; the Ministry of Health and Social Welfare; the Ministry of Education; the Ministry of the Environment and Natural Resources; the Ministry of Agriculture and Livestock; the Ministry of Public Works; the National Secretariat for the Family; the Salvadoran Institute for the Protection of Minors; the Salvadoran Institute for the Advancement of Women; the National Council on Culture and the Arts; the National Civil Service Pensions Institute; the Salvadoran Social Security Institute; the Armed Forces Social Security Institute; the Department of Housing and Urban Development; the Social Fund for Housing; the National Public Housing Fund; the National Land Studies Institute; the Social Investment Fund for Local Development; the Libertad y Progreso Institute; the Directorate-General for Statistics and Censuses; and the National Water Supply and Sewerage Administration. 4. The report covers the period from January 1995 to December 2003, which was a time of profound legal and institutional change for El Salvador following the signature of the Peace Agreements in Chapultepec, Mexico, on 16 January 1992, mainly in respect of civil and political freedoms and steps taken to rebuild and transform the country’s economy, which had been destroyed by the war. The Peace Agreements, which put an end to 12 years of armed conflict, have fostered ideological and political tolerance, the strengthening and consolidation of democracy, the reconstruction of the damaged or destroyed basic social and production infrastructure, and the implementation of macroeconomic policies for the stabilization and development of the national economy. These changes have created a favourable climate for the general exercise and enjoyment of human rights and fundamental freedoms. 5. Attention must also be drawn to the difficulties which had to be addressed in the years covered by the report, in particular the ones caused by nature in the shape of Hurricane Mitch in 1998, the periods of widespread drought, and the two earthquakes in 2001, as well as to the sustained fall in international coffee prices, the increase in oil prices, the international economic recessions, and the epidemics of rotavirus, dengue and other diseases. Despite these difficulties, the Government reaffirms its commitment to combat poverty by means of human development allied to measures to meet the people’s needs. E/1990/6/Add.39 page 4 6. There is a significant link between democracy and observance of all the human rights and fundamental freedoms; and the existence of State governed by the rule of law is a decisive factor for successful economic, social and cultural development. 7. It is important to mention here the obligation of the State to ensure the broadest possible enjoyment of economic, social and cultural rights and the role of the competent national institutions, such as the Supreme Court of Justice, the Office of the Attorney-General of the Republic, the Office of the Procurator for the Protection of Human Rights, consumer protection agencies and associations, and trade unions, in the efforts of civil society to secure observance of these rights, for they have an influence on public affairs and promote action with regard to rights found to have been infringed. 8. Although the allegations of violations of fundamental rights do constitute an indication of the existence of such violations, they do not necessarily determine the facts of the offences. In the Government’s view, it is important to be clear that there is no automatic relation between the number of complaints and the actual number of violations. It should moreover be borne in mind that the number of complaints usually exceeds the number of verified violations. 9. It should also be pointed out to the Committee that some of the matters covered here have already been addressed in other reports of El Salvador to the competent committees; the corresponding connections and references are indicated in this report. 10. It is well known that the judicial system and prompt action on its part play a decisive role with regard to the enjoyment of all the human rights and fundamental freedoms. Accordingly, efforts are continuing to strengthen the administration of justice and maintain its capacity to respond properly to the people’s needs with respect to their economic, social and cultural rights. 11. Where economic matters are concerned, the action taken has had positive effects but has also attracted criticism, some unfounded and some valid, which has served as a gauge for correcting the thrust of policy as necessary. El Salvador’s economic system operates at present under a dual-currency arrangement: the United States dollar circulates freely in the country, as does the national currency, the colón, at a rate of one dollar to 8.75 colones. 12. Recent years have seen the creation of governmental bodies to work on specific aspects of economic, social and cultural development; they are continuing to implement programmes, policies, plans and projects in their areas of competence, as will be seen throughout the report. In the sphere of education, the coverage of the system has been expanded in both quantity and quality. In the field of public health, the basic integrated health systems have been put in place and are now facilitating the people’s access to health services country-wide.
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