With Unanimous Adoption of Resolution 1072 (1996), Council May Consider
Chapter VII Action of Arms Embargo, Other Measures Should Demands Go Unmet
Condemning the overthrow of the legitimate government and constitutional
order in Burundi and calling on the regime to return to that order, restore the
National Assembly and lift the ban on all political parties, the Security Council
this afternoon demanded that all sides cease hostilities, call for an immediate
halt in the violence and initiate unconditional negotiations towards a
comprehensive political settlement.
Unanimously adopting resolution 1072 (1996), the Council decided that,
should its demands on negotiations not be met, it might consider acting under
Chapter VII of the Charter to impose an arms embargo on all sides and other
measures targeted against leaders who continued to encourage violence and
obstruct a peaceful resolution of the crisis. Such a decision could come when
the Council re-examines the matter on 31 October on the basis of a report it
requested the Secretary-General to submit before then.
Declaring its readiness to help the people of Burundi with international
cooperation to support a political settlement resulting from those negotiations,
the Council requested the Secretary-General to undertake preparations when
appropriate for a pledging conference to help rebuild and develop Burundi
following a settlement.
The Council also demanded that the leaders of all parties ensure basic
conditions of security for all by a commitment to abstain from attacking
civilians, to ensure the security of humanitarian personnel operating in
territory they control and to guarantee the protection within Burundi and safe
passage out of the country for the members of President Silvestre
Ntibantunganya's government and the members of parliament.
The Council expressed strong support for the regional leaders, the
Organization of African Unity (OAU) and former Tanzanian President Julius Nyerere
in their efforts to help Burundi peacefully overcome its grave crisis and
encouraged them to continue facilitating the search for a political solution.
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30 August 1996
The Secretary-General was encouraged by the Council to consult with the
neighbouring States, other Member States, the OAU and international humanitarian
organizations to establish mechanisms to ensure safe and timely supply of
humanitarian relief throughout Burundi.
By other terms of the resolution, the Council acknowledged the implications
of the Burundi situation for the region and underlined the importance of the
convening, at an appropriate time, of a regional conference of the Great Lakes
region, under the auspices of the United Nations and the OAU.
The Council reiterated the importance it attached to the contingency
planning called for in resolution 1049 (1996) of 5 March and encouraged the
Secretary-General and Member States to continue to facilitate the planning for
an international presence and rapid humanitarian response should there be
widespread violence or a serious deterioration in the humanitarian situation in
Burundi.
Statements were made by the representatives of Chile, France and Italy.
The representative of Burundi also addressed the Council.
The meeting, called to order at 3:10 p.m., was adjourned at 3:30 p.m. p.m.
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3695th Meeting (PM) 30 August 1996
Report of Secretary-General
The Secretary-General states, in his report on the situation in Burundi
(document S/1996/660), that the international community must brace itself for the
possibility of an attempt at genocide in that country. He appeals to States with
the necessary military and logistic means to undertake contingency planning for
an intervention force to save lives.
Member States' response to the Secretariat's efforts to seek support for
intervention in Burundi has not matched the urgency and seriousness of the
situation, according to the Secretary-General. Some States have suggested that,
with the unwillingness of any of them to lead in deploying a multinational
humanitarian intervention force under Chapter VII of the Charter, the Secretariat
should examine whether such a force could be deployed by the United Nations
itself and financed through assessed contributions. With signs that 50,000
troops would be needed for such a force, the Secretary-General expresses doubts
that Member States will provide the troops for and fund such a large operation
and whether the Secretariat could manage it. However, the Secretariat has
written to about 30 potential troop contributors to assess their reactions and
has received five replies, all but one of which are negative.
On the coup d'賡t of 25 July, the Secretary-General states that it has not
made the peace process easier. It will reinforce one side's fears, strengthen
extremists on both sides and increase violence. The coup returned Major Pierre
Buyoya, a Tutsi, to power, replacing President Sylvestre Ntibantunganya. Major
Buyoya has declared that he intends to establish a transitional government and
to consider setting up a parliament of transition to allow Burundians to take
part in forming new institutions. He urged the international community not to
intervene militarily in Burundi. Having announced his search for a Hutu with
whom to implement his plans, he named Pascal Firmin Ndimira prime minister on
31 July.
On that day, the second Arusha Summit of regional leaders condemned the
coup and imposed economic sanctions on Burundi. In a joint communique contained
in an appendix to a 2 August letter from the Permanent Representative of the
United Republic of Tanzania addressed to the Secretary-General (document
S/1996/620), the leaders asked the new regime to start immediate talks with all
parties, return to constitutional order, restore the National Assembly and
legalize all political parties. The Secretary-General comments that the leaders'
forceful reaction shows their concern at the coup's implications for peace and
security in the region. He appeals for the sanctions not to be used as an
instrument of punishment of opening negotiations on a political settlement.
Attending the Regional Summit were the Presidents of the United Republic of
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3695th Meeting (PM) 30 August 1996
Tanzania, Kenya, Uganda and Rwanda; the Prime Ministers of Ethiopia and Zaire;
as well as Minister of External Relations of Cameroon, the Secretary-General of
the Organization of African Unity (OAU) and the Facilitator of the Burundi peace
talks, former President Julius K. Nyerere of Tanzania.
Text of Draft Resolution
The Council also has before it a draft resolution (document S/1996/708)
sponsored by Botswana, Chile, Egypt, Germany, Guinea-Bissau, Honduras,
Indonesia, Republic of Korea, United Kingdom, United States and Russian
Federation:
"The Security Council,
"Reaffirming all its previous resolutions and statements by its President
on the situation in Burundi,
"Recalling the statement by its President of 24 July 1996 (S/PRST/1996/31)
in which the Council strongly condemned any attempt to overthrow the legitimate
government of Burundi by force or coup d'賡t; and recalling also the statement
by its President of 29 July 1996 (S/PRST/1996/32) in which the Council condemned
the actions that led to the overthrow of constitutional order in Burundi,
"Deeply concerned at the continued deterioration in the security and
humanitarian situation in Burundi that has been characterized in the last years
by killings, massacres, torture and arbitrary detention, and at the threat that
this poses to the peace and security of the Great Lakes Region as a whole,
"Reiterating its appeal to all parties in Burundi to defuse the present
crisis and to demonstrate the necessary cohesion, unity and political will to
restore constitutional order and processes without delay,
"Reiterating the urgent need for all parties in Burundi to commit
themselves to a dialogue aimed at establishing a comprehensive political
settlement and the creation of conditions conducive to national reconciliation,
"Recalling that all persons who commit or authorize the commission of
serious violations of international humanitarian law are individually responsible
for such violations and should be held accountable, and reaffirming the need to
put an end to impunity for such acts and the climate that fosters them,
"Strongly condemning those responsible for the attacks on personnel of
international humanitarian organizations, and underlining that all parties in
Burundi are responsible for the security of such personnel,
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3695th Meeting (PM) 30 August 1996
"Emphasizing the urgent need to establish humanitarian corridors to ensure
the unimpeded flow of humanitarian goods to all people in Burundi,
"Taking note of the letter from the Permanent Representative of the United
Republic of Tanzania of 2 August 1996 (S/1996/620, Annex and Appendix),
"Taking note also of the note from the Secretary-General transmitting a
letter from the Secretary-General of the Organization of African Unity of
5 August 1996 (S/1996/628, Annex),
"Reiterating its support for the immediate resumption of dialogue and
negotiations under the auspices of the Mwanza Peace Process facilitated by former
President Nyerere and the Joint Communiqu矯f the Second Arusha Regional Summit
on Burundi of 31 July 1996 which seeks to guarantee democracy and security for
all people in Burundi,
"Determined to support the efforts and initiatives of the countries in the
region, which were also supported by the Central Organ of the Organization of
African Unity Mechanism for Conflict Prevention, Management and Resolution aimed
at returning Burundi to a democratic path and contributing to stability in the
region,
"Underlining the importance it attaches to the continuation of the efforts
of the OAU and its Observer Mission (MIOB),
"Welcoming the efforts made by interested Member States and by the European
Union to contribute to a peaceful solution of the political crisis in Burundi,
"Underlining that only a comprehensive political settlement can open the
way for international cooperation for the reconstruction, development and
stability of Burundi, and expressing its readiness to support the convening, when
appropriate, of an international conference involving the United Nations system,
regional organizations, international financial institutions, donor countries and
non-governmental organizations aimed at mobilizing international support for the
implementation of a comprehensive political settlement,
"Recalling its resolution 1040 (1996) of 29 January 1996, in particular
paragraph 8, in which the Council declared its readiness to consider the
imposition of measures under the Charter of the United Nations,
"Taking note of the report of the Secretary-General of 15 August 1996
(S/1996/660),
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3695th Meeting (PM) 30 August 1996
A
"1. Condemns the overthrow of the legitimate government and
constitutional order in Burundi and condemns also all those parties and factions
which resort to force and violence to advance their political objectives;
"2. Expresses its strong support for the efforts of regional leaders,
including at their meeting in Arusha on 31 July 1996, of the Organization of
African Unity and of former President Nyerere, to assist Burundi to overcome
peacefully the grave crisis which it is undergoing, and encourages them to
continue to facilitate the search for a political solution;
"3. Calls upon the regime to ensure a return to constitutional order and
legality, to restore the National Assembly and to lift the ban on all political
parties;
"4. Demands that all sides in Burundi declare a unilateral cessation of
hostilities, call an immediate halt to violence and assume their individual and
collective responsibilities to bring peace, security and tranquillity to the
people of Burundi;
"5. Demands also that the leaders of all parties in Burundi ensure basic
conditions of security for all in Burundi by a commitment to abstain from
attacking civilians; to ensure the security of humanitarian personnel
operating in the territory they control, and to guarantee the protection within
Burundi and safe passage out of the country for the members of
President Ntibantunganya's government and the members of parliament;
"6. Demands also that all of Burundi's political parties and factions
without exception, whether inside or outside the country and including
representatives of civil society, initiate unconditional negotiations
immediately, with a view to reaching a comprehensive political settlement;
"7. Declares its readiness to assist the people of Burundi with
appropriate international cooperation to support a comprehensive political
settlement resulting from these negotiations and in this context, requests the
Secretary-General in consultation with the international community to undertake
preparations when appropriate for the convening of a pledging conference to
assist in the reconstruction and development of Burundi following the achievement
of a comprehensive political settlement;
"8. Encourages the Secretary-General in consultation with all those
concerned, including the neighbouring States, other Member States, the
Organization of African Unity and international humanitarian organizations, to
establish mechanisms to ensure the safe and timely delivery of humanitarian
relief throughout Burundi;
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3695th Meeting (PM) 30 August 1996
"9. Acknowledges the implication of the situation in Burundi for the
region and underlines the importance of convening at an appropriate time a
Regional Conference of the Great Lakes Region, under the auspices of the United
Nations and the Organization of African Unity;
B
"10. Decides to re-examine the matter on 31 October 1996 and requests that
the Secretary-General report to the Council by that time on the situation in
Burundi, including on the status of the negotiations referred to in paragraph 6
above;
"11. Decides, in the event that the Secretary-General reports that the
negotiations referred to in paragraph 6 above have not been initiated, to
consider the imposition of measures under the Charter of the United Nations to
further compliance with the demand of paragraph 6 above. These may include,
among others, a ban on the sale or supply of arms and related mat豩el of all
types to the regime in Burundi and to all factions inside or outside Burundi, and
measures targeted against the leaders of the regime and all factions who continue
to encourage violence and obstruct a peaceful resolution of the political crisis
in Burundi;
"12. Reiterates the importance it attaches to the contingency planning
called for in paragraph 13 of resolution 1049 (1996) of 5 March 1996 and
encourages the Secretary-General and Member States to continue to facilitate
contingency planning for an international presence and other initiatives to
support and help consolidate a cessation of hostilities, as well as to make a
rapid humanitarian response in the event of widespread violence or a serious
deterioration in the humanitarian situation in Burundi;
"13. Decides to remain actively seized of the matter.
Statements
JUAN LARRAIN (Chile) said that the draft resolution would show the support
of the Council for regional efforts to search for peace in Burundi and encourage
the work of the OAU and former Tanzanian President Julius Nyerere. The Council
would lend further support to Burundi if its leaders sought peaceful ways to
solve their differences. It would also consider measures to ensure that the
leaders of the country started peaceful negotiations and that they did not
obstruct the efforts being made to find a peaceful, comprehensive political
settlement. He reviewed other provisions of the resolution, which condemned the
use of violence, the removal of the legitimate government in Burundi and called
on all sides to stop the use of force.
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3695th Meeting (PM) 30 August 1996
The representative said that it should be clear that, when it met again on
the issue at the end of October, the Council would consider taking strong
measures if the negotiations which it had demanded in the resolution had not
begun.
The resolution was adopted unanimously as resolution 1072 (1996).
HERVE LADSOUS (France), speaking after the vote, said he had voted in
favour of the draft. France welcomed its provisions. Dialogue should be quickly
organized. A political vote of confidence should be given to all parties and
dialogue should be opened to all groups.
He said guarantees must be given to all the former leaders and deputies.
He urged the covening of a conference of the Great Lakes region under United
Nations and OAU auspices to deal with the problems of the region in a lasting
manner. Concrete measures such as those set forth in the draft, particularly
negotiations, should be implemented. Measures would have to be taken if
negotiations were not initiated within 60 days. The measures should, however,
be such that innocent civilians would not get hurt.
FRENCESCO PAOLO FULCI (Italy) said it was essential that the Council showed
unanimity. He called attention to a letter from the European Union which
expressed support for the efforts of regional leaders, the OAU and those of
former Tanzanian President Julius Nyerere and encouraged them to continue.
He noted that it was the second time in a month that the Council had
expressed itself on the military coup. It was now time for a dialogue among all
the parties. The parties should show restraint and a constructive attitude to
put the country back on its feet.
NSANZE TERENCE (Burundi) said the new regime was receptive to the Council's
appeals, and had introduced measures that would help implement some of the
provisions of the resolution which were compatible with the interests of Burundi.
Efforts should be aimed not at saving only one ethnic group but the entire
Burundian nation. Some politicians were trying to divide the people of Burundi
in order to pursue their interests. His Government would continue to fight
against all bands and militias in its efforts to end the violence and the
scorched earth policies they were pursuing. His Government's efforts would
require the patience of the Security Council and the international community.
The sanctions imposed by Burundi's neighbours were obstacles to its efforts to
quickly and fully meet the conditions of the resolution.
The representative said that resolution was weakened by the absence of a
condemnation of the blockade that had been imposed against Burundi. Also it did
not call for the establishment of an ad hoc commission that would gather facts
on all the problems of the region. The sword of Damocles hanging over Burundi
in the shape of the threats of an arms embargo were not appropriate as it might
punish the people of Burundi for acts perpetrated by some bands. The cooperation
of the members of the Council was required to remove some of the pitfalls
contained in the present resolution.
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