El Salvador - OHCHR

|UNITED | |E |
|NATIONS | | |
|[pic] |Economic and Social |Distr. |
| |Council |GENERAL |
| | | |
| | |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)
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
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. 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. In the case of cultural affairs, support
has been given to a series of plans and projects designed to foster culture
and the arts in their various expressions, and efforts are being made to
restore and maintain the cultural heritage. 13. During the period covered by this report El Salvador acceded to the
Optional Protocol to the International Covenant on Civil and Political
Rights (1995) and to the Optional Protocol to the Convention on the Rights
of the Child on Involvement of Children in Armed Conflict (2001), both
under the auspices of the Un