EL SALVADOR

CCPR

DEROGATIONS: NOTIFICATIONS UNDER ARTICLE 4 (3) OF THE COVENANT

14 November 1983

(Dated 3 November 1983)

The Government has declared an extension for a period of 30 days of the suspension of constitutional guarantees by Legislative Decree No. 329 dated 28 October 1983. The constitutional guarantees have been suspended in accordance with article 175 of the Political Constitution because of disruption of public order. In a complimentary notification dated 23 January 1984 and received on 24 January 1984, the Government of El Salvador specified the following:

1) The provisions of the Covenant from which it is derogated are articles 12 and 19 by Decree No. 329 of 28 August 1983, and article 17 (in respect of interference with correspondence);

2) The constitutional guarantees were first suspended by Decree No. 155 dated 6 March 1980, with further extensions of the suspension for a total of 24 months. Decree No. 155 was modified by Decree No. 999 dated 24 February 1982, which expired on 24 March 1982. By Decree No. 1089 dated 20 April 1982, the Revolutionary Government Junta again suspended the constitutional guarantees. By Legislative Decree No. 7 dated 20 May 1982, the Constituent Assembly extended the suspension for an additional period of 30 days. The said Legislative Decree No. 7 was itself extended several times until the adoption of the above-mentioned Decree No. 329 dated 28 October 1983, which took effect on that date.

3) The reasons for the adoption of the initial suspension decree (No. 155 of 6 March 1980) were the same as for the adoption of the subsequent decrees.

*****

18 June 1984

(Dated 14 June 1984)

By Legislative Decree No. 28 of 27 January 1984, previous measures were amended to the effect that political parties would be permitted to conduct electoral campaigns, and were thus authorized to engage in partisan campaigning and electoral propaganda activities. The said Decree was extended for successive 30-day periods until the promulgation of Decree No. 97 of 17 May 1984, which rescinded the afore-mentioned change which had allowed political parties to

conduct electoral campaigns.

The provisions of the Covenant from which it is derogated are articles 12, 19, 17 (in respect of interference with correspondence) and 21 and 22. As regards article 22, the suspension refers to the right of association in general, but does not affect the right to join professional associations (the right to form and join trade unions).

*****

2 August 1985

(Dated 31 July 1985)

[...] the Government of El Salvador has for successive periods extended martial law by the following legislative decrees:

Decrees No. 127 of 21 June 1984, No. 146 of 19 July 1984, No. 175 of 24 August 1984, No. 210 of 18 September 1984, No. 234 of 21 October 1984, No. 261 of 20 November 1984, No. 277 of 14 December 1984, No. 322 of 18 January 1985, No. 335 of 21 February 1985, No. 351 of 14 March 1985, No. 386 of 18 April 1985, No. 10 of 21 May 1985, No. 38 of 13 June 1985, and the most recent, Decree No. 96 of 11 July 1985 which extended the martial law for an additional period of 30 days beyond that date.

The provisions of the Covenant that are thus suspended are those of articles 12, 17 (in respect of interference with correspondence) and 19 (2).

The notification specifies that the reasons for the suspension of constitutional guarantees continue to be those originally indicated, namely: the need to maintain a climate of peace and tranquility, which had been disturbed through the commission of acts designed to create a state of instability and social unrest which affected the economy and the public peace by persons seeking to obstruct the process of structural change, thus seriously disrupting public order.  

*****

19 December 1989

(Dated 13 November 1989)

Suspension for a period of 30 days as from 12 November 1990 of various constitutional guarantees. (Derogation from articles 12, 17, 19, 21 and 22 of the Covenant.)

The notification indicates that this measure became necessary owing to the use of terror and violence by the Frente Farabundo Marti to obtain the political authority, in complete disregard of previous elections.