Resolution 1088 Gives 18-Month Mandate to New Effort To Achieve Comprehensive Implementation of Peace Accords Acting under Chapter VII of the Charter, the Security Council this evening authorized Member States, acting through or in cooperation with the North Atlantic Treaty Organization (NATO), to establish for 18 months a multinational Stabilization Force (SFOR) to succeed the NATO Implementation Force (IFOR) in Bosnia and Herzegovina under unified command and control.
As it unanimously adopted resolution 1088 (1996), the Council also extended the mandate of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), which includes the United Nations civilian police force known as the International Police Task Force (IPTF), until 21 December 1997. During that period, the IPTF would continue to be entrusted with the tasks set out in Annex II of the Peace Agreement. That Annex pertains to the inter-entity boundary line and related issues.
Determining that the situation in the region continued to constitute a threat to international peace and security, the Council authorized the Member States concerned with the establishment of SFOR to effect the implementation of, and to ensure compliance with, Annex 1-A of the Peace Agreement which spells out the military aspects of the peace settlement. The Council stressed that the parties should continue to be held equally responsible for compliance with the Annex, and be subject to enforcement by SFOR to ensure implementation as well as the protection of SFOR. The Council took note that the parties to the Agreement had consented to such measures on the part of SFOR.
The Council also authorized those Member States involved to take all necessary measures, at the request of SFOR, either in defence of the force or to assist it in carrying out its mission; and to ensure compliance with the rules and procedures established by SFOR, governing command and control of airspace over Bosnia and Herzegovina.
In that regard, the Council requested the authorities in Bosnia and Herzegovina to cooperate with SFOR to ensure the effective management of the airports, and demanded that the parties respect the security and freedom of movement of SFOR and other international personnel.
The Council also requested the Member States involved to report to the Council at least on monthly intervals.
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The Council underlined that the primary responsibility for the success of the peace process lay with the authorities of Bosnia and Herzegovina, which in the next two years should assume increasing responsibility for the functions now undertaken by the international community. Without compliance by the authorities of Bosnia and Herzegovina, the international community could not be expected to continue shouldering the political, military and economic burden of implementation and reconstruction efforts.
The Council also underlined the importance of cooperation with the International Tribunal for the Former Yugoslavia. That included the surrender for trial of all persons indicted by the Tribunal and provision of information to assist Tribunal investigations.
In extending the mandate of UNMIBH, the Council requested the Secretary- General to keep it regularly informed of the work of the IPTF and to report every three months on the implementation of the Mission's mandate as a whole.
In that context, the Council also requested the Secretary-General to report by 16 June 1997 on the IPTF, in particular on its work in assisting the restructuring of law enforcement agencies, coordinating assistance in training and providing equipment, advising law enforcement agencies on guidelines on democratic policing principles with full support for human rights, and investigating or assisting investigations into human rights abuses by law enforcement personnel.
The Secretary-General was also asked to report on the progress by the authorities in regard to such issues, in particular their compliance with IPTF-prescribed guidelines including their taking prompt and effective action in respect of any officer notified to them by the IPTF Commissioner as failing to cooperate with the IPTF or to adhere to democratic policing principles.
The Council also requested the Secretary-General to submit reports from the High Representative on the implementation of the Peace Agreement and in particular on compliance by the parties with their commitments under that Agreement.
By another part of the text, the Council called on the parties to the Peace Agreement to cooperate fully with the work of the Human Rights Ombudsman and the Human Rights Chamber. It called on the authorities in Bosnia and Herzegovina to cooperate fully with international humanitarian organizations to monitor closely the human rights situation in Bosnia and Herzegovina.
Addressing the Council this evening were the representatives of Bosnia and Herzegovina, Ireland (on behalf of the European Union and associated States), Canada, Norway, Turkey, Ukraine, Malaysia, China, United States, Egypt, France, United Kingdom, Germany, Republic of Korea, Poland, Russian Federation, Indonesia, Botswana, Chile, Honduras, Guinea-Bissau and Italy.
The meeting, which was called to order at 6:40 p.m., was adjourned at 9:33 p.m.
Work Programme
When the Security Council met this evening, it had before it the Secretary-General's report on the United Nations Mission in Bosnia and Herzegovina (UNMIBH) submitted pursuant to Security Council resolution 1035 (1995) (document S/1996/1017), in which he recommends that the Security Council extend the mandate of the UNMIBH for a further year, until 21 December 1997. The Council also had for its consideration a report of the High Representative for Implementation of the Peace Agreement in Bosnia and Herzegovina, as well as the Conclusions of the London Peace Implementation Conference.
Since December 1995 the United Nations has played a supporting role in Bosnia and Herzegovina, states the Secretary-General in his report. The Commander of the multinational NATO Implementation Force (IFOR) has taken the lead in military matters and the High Representative, Carl Bildt, has taken the lead in civilian matters. The UNMIBH comprises the United Nations International Police Task Force (IPTF) and a United Nations civilian office, as well as the United Nations Mine Action Centre (MAC). It also administers the programmes of the former Office of the Special Coordinator for the restoration of essential services in Sarajevo.
The Secretary-General recommends that IPTF be mandated to investigate allegations of human rights abuses by law enforcement officials and other Bosnian authorities. It is currently charged with: monitoring law enforcement and judicial proceedings; training, advising and accompanying law enforcement personnel; and assessing threats to public order. The IPTF has played an important role in building institutions consistent with democratic standards and, should the force require expansion above its ceiling of 1,721 personnel, the Secretary-General states that he would seek the approval of the Council.
One year after signature of the Dayton Peace Agreement, IFOR had ended the fighting, armies had disengaged and not a single casualty had resulted from military action, the Secretary-General says. More than 2.4 million people had voted in the 14 September elections, which had been certified by the Organization for Security and Cooperation in Europe (OSCE). Joint institutions foreseen in the Constitution of Bosnia and Herzegovina were being set up. However, the three Bosnian parties had failed to implement aspects of the Peace Agreement that could bind together their communities. Freedom of movement and the right of return for refugees and displaced persons had not been secured. Minorities were still being harassed and Serb and Croat nationalist leaders were still advocating partition. Unless those aspirations were abandoned, the prospect of a unified Bosnia could fade, states the Secretary-General.
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The Secretary-General calls upon States to detain and surrender indicted war criminals to the International Tribunal for the former Yugoslavia. Failure to do so is a violation of international law and undermines Bosnian reconciliation, he says. The parties to the Peace Agreement have not complied with their obligations in that regard. The London Conference had made clear that primary responsibility for implementing the Peace Agreement lay with the Bosnian authorities, and that international resources for reconstruction and development would depend upon the fulfilment of those obligations.
The Secretary-General proposes to retain his Special Representative in Bosnia and Herzegovina, Syed Iqbal Riza (Pakistan), combining his functions as United Nations Coordinator and Chief of Mission of the United Nations Mission in Bosnia and Herzegovina (UNMIBH). The Special Representative has worked in close cooperation with the High Representative, the Commander of IFOR and other senior officials of the international community and has ensured cohesion between various United Nations activities.
The Secretary-General says that the London Peace Implementation Conference of 4 and 5 December called upon the United Nations to discharge fundamental responsibilities during the "consolidation period" in Bosnia and Herzegovina in close cooperation with the High Representative, the Stabilization Force (SFOR) (the former IFOR) and with other organizations. A paramount task in that regard would be the efforts of the United Nations High Commissioner for Refugees (UNHCR) to facilitate the return of refugees and displaced persons. The High Commissioner would give priority to larger-scale voluntary returns to majority areas and those efforts would hinge on fulfilment by the parties of their commitments under the Peace Agreement. Over the next two years the UNHCR will seek solutions to the problem of refugees and displaced persons affecting the entire region -- Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia.
The Secretary-General states that since the beginning of 1996, some 250,000 refugees and displaced persons had returned to their homes in Bosnia and Herzegovina, with approximately 50,000 coming from asylum-countries outside the region. A total of 2.1 million persons had been uprooted during the war. It was estimated that during 1997 some 200,000 refugees would be assisted to repatriate, and that up to an additional 200,000 refugees and displaced persons might go back spontaneously.
Summarizing Mission activities since 1 October, the Secretary-General states that the IPTF, with 1,704 monitors from 34 different countries, has successfully introduced community policing into a number of areas. A school programme was educating students in their civic duties and the principles of democratic policing. Training and restructuring of the Federation Police was continuing despite political disputes between Federation partners. The training and restructuring of the Republika Srpska Police has not yet begun. That effort would be a major focus of attention for the IPTF in 1997.
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The transfer of authority from the Western European Union police to the IPTF in Mostar occurred smoothly on 15 October, the report states. The IPTF had taken steps aimed at disbanding a number of Bosnian Croat para-police forces. At the insistence of the Commissioner of the IPTF, the Special Police Force in Mostar has been disbanded, as have various groups of armed civilian security guards.
The UNMIBH Civil Affairs officers have continued to support the IPTF, analyse and report on local political events and trends and to make available good offices, says the Secretary-General. Regular briefings by Civil Affairs officers to IPTF commanders provided an understanding of the local politics. Civil Affairs and the IPTF also worked together to monitor human rights. Most human rights violations in Bosnia and Herzegovina -- by some estimates as many as 70 per cent -- are the work of police forces. Civil Affairs officers also disseminate information to local authorities and police.
Continuing, the Secretary-General states that the field operation of the High Commissioner for Human Rights has provided substantive and technical support for two recent missions of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia. The Special Rapporteur visited locations in which serious violations of human rights have been reported and paid particular attention to the issues of freedom of movement, personal security, the right to return and freedom of the media. The field operation also supports activities of the United Nations Expert on Missing Persons.
Regarding the International Tribunal for the former Yugoslavia, the Secretary-General states that the Office of the Prosecutor, opened in Sarajevo on 21 August 1996, is providing a focal point for activities of the Tribunal in the Federation and the Republika Srpska. The office provides logistical support, including the establishment of security arrangements with IFOR when required, particularly in relation to exhumations. The Sarajevo office endeavours to ensure adherence to the "Rules of the Road" procedures (Rome Agreement), which relate to the detention by the authorities of persons suspected of war crimes.
A letter from the Secretary-General to the President of the Security Council (document S/1996/1024) transmits a report of the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina to the Secretary-General.
The report terms the most recent phase of peace implementation from September to December 1996 as the "most demanding so far", with efforts to fully implement the Constitution through the setting up of common institutions proceeding in parallel with international discussions on structures to assist the peace efforts. Although the pace of setting up common institutions had been slower than that committed to by the Presidency, there had been gradual
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progress, and it was "safe to assume" that all common institutions would be set up in the near future. In addition, international reconstruction would be continued in the upcoming consolidation, though in order to make self- sustaining economic growth possible, radical structural reform measures were needed. The High Representative expresses the hope that such reforms would be put into place before the Donor Conferences planned for late February 1997.
The High Representative states that the overall human rights situation in Bosnia and Herzegovina remained "deeply unsatisfactory". Only when human rights were fully respected would refugees and displaced persons start to return in greater numbers.
Further, 1997 would see significant challenges. In the summer, municipal elections would come into focus with critical issues relating to the full implementation of their results throughout the country. Cooperation with the International Tribunal for the Former Yugoslavia would also be high on the agenda. The Presidency was committed to take a decision on the flag and symbols of Bosnia and Herzegovina by 15 February and was scheduled to take a decision on the diplomatic representation of the country by the end of March.
The High Representative says that the drift towards ethnic separation was continuing in Bosnia and the forces of separation were still stronger than the forces of ethnic reintegration. As such, he stresses that the international commitment to the peace process must be longer in time than one year and wider in geographic scope than just Bosnia.
Also before the Council is a letter to the Secretary-General from the Permanent Representative of the United Kingdom (document S/1996/1012) transmitting the Conclusions of the London Peace Implementation Conference, which met on 4 and 5 December.
The report stresses that the Peace Implementation Council that met in London was committed to a future Bosnia and Herzegovina as an independent and democratic State within internationally-recognized borders, with a restructured market economy, and with developing links to the European Union.
Following the development in Paris on 14 November 1996 of guiding principles for the two-year civilian consolidation plan, the Peace Implementation Council had approved a 12-month action plan, states the report. That plan calls for continuing progress in implementing confidence-building measures, respect for internationally-recognized human rights and the execution of arrest warrants against indictees for war crimes. The plan also calls for the establishment of effective democratic institutions, the return of refugees, the holding of free municipal elections by summer 1997, allowing the IPTF to investigate police abuses, construction of a market economy and establishment of an operational central bank by early 1997. The action plan also calls for extended mine removal, legislative measures to encourage
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tolerance, the adoption of OSCE standards for the news media, and restoration of non-discriminatory educational systems.
Finally, the Council has before it a letter from the Secretary-General to the President of the Council (document S/1996/1025) which conveys an exchange of letters between the Secretary-General of the North Atlantic Treaty Organization (NATO) and the Parties to the Dayton Peace Accords concerning the establishment of the Stabilization Force (SFOR) in Bosnia and Herzegovina. Letters from the Secretary-General of NATO to the Presidents of the Federal Republic of Yugoslavia and of Croatia express his understanding that those States would welcome a follow-up Stabilization Force (SFOR) to be organized and led by NATO, as a legal successor to the Implementation Force (IFOR), with identical rights, privileges and immunities.
The Council also has before it a letter from the Secretary-General addressed to the President of the Security Council (document S/1996/968) which transmits the conclusions of the Ministerial Steering Board and of the Presidency of Bosnia and Herzegovina, which took place in Paris on 14 November 1996. The conclusions state the prime responsibility for implementing the Peace Agreement lies with the authorities of Bosnia and Herzegovina. Without compliance and active participation in rebuilding a civil society, they could not expect that the international community and major donors would continue shouldering the burden of implementation and reconstruction efforts.
It states that the Steering Board and the Presidency of Bosnia and Herzegovina have concluded that the priorities of the consolidation period are: regional stabilization and arms control; creating a secure environment; ensuring respect by all governmental authorities for human rights; building genuine democracy; conducting municipal elections in 1997, as well as general elections in 1998; ensuring freedom of movement for all persons, goods and services throughout Bosnia and Herzegovina; facilitating the return or resettlement of refugees and displaced persons; and full cooperation with the International Criminal Tribunal.
Other priorities include ensuring that reconstruction and other economic assistance fosters the peace process; creating a market economy; promoting reconciliation; re-establishing educational, university and vocational training systems; and ensuring the removal of mines, in coordination with the Mine Action Centre (MAC).
The Steering Board and the authorities of Bosnia and Herzegovina also recognize that the tasks of the High Representative should be reinforced as Chairman of the Principals' meeting, as Chairman of the Economic Task Force and as Chairman of other meetings with key Implementation Agencies. In case of conflicting interpretations of the civilian implementation of the peace settlement, he will be the final authority in theatre.
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The Council also had before it a draft resolution (document S/1996/1032*) sponsored by France, Germany, Italy, Russian Federation, United Kingdom and United States, which reads as follows:
"The Security Council,
"Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia, including resolutions 1031 (1995) of 15 December 1995 and 1035 (1995) of 21 December 1995,
"Reaffirming its commitment to the political settlement of the conflicts in the former Yugoslavia, preserving the sovereignty and territorial integrity of all States there within their internationally recognized borders,
"Welcoming the conclusions of the Ministerial Steering Board and of the Presidency of Bosnia and Herzegovina held in Paris (the Paris Conference) on 14 November 1996 (S/1996/968), and the guiding principles of the two-year civilian consolidation plan of the peace process referred to in those conclusions,
"Welcoming also the conclusions of the Peace Implementation Conference held in London on 4 and 5 December 1996 (the London Conference) (S/1996/1012), which, following the conclusions of the Paris Conference, approved an Action Plan for the first twelve-month period of the civilian consolidation plan of the peace process,
"Welcoming the progress in the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes thereto (collectively the Peace Agreement, S/1995/999, annex), and expressing its appreciation to the High Representative, the Commander and personnel of the multinational implementation force (IFOR), and the personnel of other international organizations and agencies in Bosnia and Herzegovina for their contributions to the implementation of the Peace Agreement,
"Noting with satisfaction the holding of the elections called for in Annex 3 of the Peace Agreement, and welcoming the progress in establishing the common institutions in accordance with the provisions of the Constitution of Bosnia and Herzegovina,
"Underlining also the important role for the Republic of Croatia and the Federal Republic of Yugoslavia to play in the successful development of the peace process in Bosnia and Herzegovina,
"Having considered the report of the Secretary-General of 9 December 1996 (S/1996/1017),
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"Noting the report of the High Representative of 9 December 1996 (S/1996)1024, annex),
"Determining that the situation in the region continues to constitute a threat to international peace and security,
"Determined to promote the peaceful resolution of the conflicts in accordance with the purposes and principles of the Charter of the United Nations,
"Acting under Chapter VII of the Charter of the United Nations,
I
"1. Reaffirms its support for the Peace Agreement, as well as for the Dayton Agreement on implementing the Federation of Bosnia and Herzegovina of 10 November 1995 (S/1995/1021, annex), calls upon the parties to comply strictly with their obligations under those Agreements, and expresses its intention to keep the implementation of the Peace Agreement and the situation in Bosnia and Herzegovina under review;
"2. Expresses its support for the conclusions of the Paris and London Conferences;
"3. Underlines that the primary responsibility for the further successful implementation of the peace process lies with the authorities in Bosnia and Herzegovina themselves, which during the next two years should assume increasingly a greater responsibility for the functions now undertaken or coordinated by the international community, and stresses that without compliance and active participation by all the authorities in Bosnia and Herzegovina in rebuilding a civil society they cannot expect the international community and major donors to continue shouldering the political, military and economic burden of the implementation and reconstruction efforts;
"4. Underlines the link, as agreed by the Presidency of Bosnia and Herzegovina in the conclusions of the Paris Conference, between the availability of international financial assistance and the degree to which all the authorities in Bosnia and Herzegovina implement the Peace Agreement, including cooperation with the International Tribunal for the Former Yugoslavia and cooperation with the Action Plan which has been approved by the London Conference;
"5. Welcomes the mutual recognition among all the successor States to the former Socialist Federal Republic of Yugoslavia within their internationally recognized borders, and stresses the importance of full normalization of relations, including the immediate establishment of diplomatic relations, among those States;
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"6. Welcomes the reaffirmation by the Presidency of Bosnia and Herzegovina in the conclusions of the Paris Conference of its commitment to fully pursuing, in the name of the three constituent peoples of Bosnia and Herzegovina, the peace process, in accordance with the Peace Agreement and the sovereignty and territorial integrity of the country, including the development of a Bosnian State based on the principles of democracy and consisting of the two Entities, the Federation of Bosnia and Herzegovina and the Republika Srpska, and underlines in this respect the importance of establishing the remaining common institutions provided for in the Constitution of Bosnia and Herzegovina without delay, as well as the importance of the commitment by the authorities in Bosnia and Herzegovina to cooperate in the working of these institutions at all levels;
"7. Reminds the parties that, in accordance with the Peace Agreement, they have committed themselves to cooperate fully with all entities involved in the implementation of this peace settlement, as described in the Peace Agreement, or which are otherwise authorized by the Security Council, including the International Tribunal for the Former Yugoslavia, as it carries out its responsibilities for dispensing justice impartially, and underlines that full cooperation by States and entities with the International Tribunal includes, inter alia, the surrender for trial of all persons indicted by the Tribunal and provision of information to assist in Tribunal investigations;
"8. Recognizes that the parties have authorized the multinational force referred to in paragraph 18 below to take such actions as required, including the use of necessary force, to ensure compliance with Annex 1-A of the Peace Agreement;
"9. Welcomes the agreement of the authorities in Bosnia and Herzegovina to supervision by the Organisation for Security and Cooperation in Europe (OSCE) of the preparation and conduct of the municipal elections to be held in 1997, and also welcomes the decision of the OSCE to extend the mandate of its mission in Bosnia and Herzegovina to take forward its work on elections, as well as that on human rights and regional stabilization;
"10. Underlines the obligation of the parties under the Peace Agreement to secure to all persons within their jurisdiction the highest level of internationally recognized human rights and fundamental freedoms, calls upon them to cooperate fully with the work of the Human Rights Ombudsman and the Human Rights Chamber and to implement their conclusions and decisions, and calls upon the authorities in Bosnia and Herzegovina to cooperate fully with the United Nations Commission on Human Rights, the OSCE, the United Nations High Commissioner for Human Rights and other intergovernmental or regional human rights missions or organizations to monitor closely the human rights situation in Bosnia and Herzegovina;
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"11. Welcomes the commitment of the parties to the right of all refugees and displaced persons freely to return to their homes of origin or to other places of their choice in Bosnia and Herzegovina in safety, notes the leading humanitarian role which has been given by the Peace Agreement to the United Nations High Commissioner for Refugees, in coordination with other agencies involved and under the authority of the Secretary-General, in assisting with the repatriation and relief of refugees and displaced persons, and stresses the importance of facilitating the return or resettlement of refugees and displaced persons which should be gradual and orderly and carried out through progressive, coordinated programmes that address the need for local security, housing and jobs, while ensuring full compliance with Annex 7 of the Peace Agreement as well as other established procedures;
"12. Emphasizes the importance of the creation of conditions conducive to the reconstruction and development of Bosnia and Herzegovina, encourages Member States to provide assistance for the programme of reconstruction in that country, and welcomes in this respect the important contribution already made by the European Union, the World Bank and bilateral donors;
"13. Underlines the importance of control of armaments in the region at the lowest possible level of weapons, calls upon the Bosnian parties to implement fully and without further delay the agreements signed in Vienna on 26 January 1996 and in Florence on 14 June 1996 and, following satisfactory progress in the implementation of the Article II and Article IV Agreements, calls for efforts to continue to promote the implementation of Article V of Annex 1-B on regional arms control of the Peace Agreement;
"14. Stresses the importance it attaches to the continuation on a reinforced basis as agreed at the Paris and London Conferences of the role of the High Representative in monitoring the implementation of the Peace Agreement and giving guidance to and coordinating the activities of the civilian organizations and agencies involved in assisting the parties to implement the Peace Agreement, and reaffirms that the High Representative is the final authority in theatre regarding the interpretation of Annex 10 on civilian implementation of the Peace Agreement and that in case of dispute he may give his interpretation and make his recommendations, including to the authorities of Bosnia and Herzegovina or its Entities, and make them known publicly;
"15. Reaffirms its intention to keep the situation in Bosnia and Herzegovina under close review, taking into account the reports submitted pursuant to paragraphs 26 and 34 below, and any recommendations those reports might include, and its readiness to consider the imposition of measures if any party fails significantly to meet its obligations under the Peace Agreement;
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II
"16. Pays tribute to those Member States who participated in the multinational force established in accordance with its resolution 1031 (1995), and welcomes their willingness to assist the parties to the Peace Agreement by continuing to deploy a multinational implementation force;
"17. Notes the confirmations by the Presidency of Bosnia and Herzegovina, on behalf of Bosnia and Herzegovina, including its constituent Entities, and by the Republic of Croatia and the Federal Republic of Yugoslavia of the understandings set out in the letters dated 29 November 1996 from the Secretary-General of the organization referred to in Annex 1-A of the Peace Agreement (S/1996/1025);
"18. Authorizes the Member States acting through or in cooperation with the organization referred to in Annex 1-A of the Peace Agreement to establish for a planned period of 18 months a multinational stabilization force (SFOR) as the legal successor to IFOR under unified command and control in order to fulfil the role specified in Annex 1-A and Annex 2 of the Peace Agreement;
"19. Authorizes the Member States acting under paragraph 18 above to take all necessary measures to effect the implementation of and to ensure compliance with Annex 1-A of the Peace Agreement, stresses that the parties shall continue to be held equally responsible for compliance with that Annex and shall be equally subject to such enforcement action by SFOR as may be necessary to ensure implementation of that Annex and the protection of SFOR, and takes note that the parties have consented to SFOR's taking such measures;
"20. Authorizes Member States to take all necessary measures, at the request of SFOR, either in defence of SFOR or to assist the force in carrying out its mission, and recognizes the right of the force to take all necessary measures to defend itself from attack or threat of attack;
"21. Authorizes the Member States acting under paragraph 18 above, in accordance with Annex 1-A of the Peace Agreement, to take all necessary measures to ensure compliance with the rules and procedures, to be established by the Commander of SFOR, governing command and control of airspace over Bosnia and Herzegovina with respect to all civilian and military air traffic;
"22. Requests the authorities in Bosnia and Herzegovina to cooperate with the Commander of SFOR to ensure the effective management of the airports of Bosnia and Herzegovina, in the light of the responsibilities conferred on SFOR by Annex 1-A of the Peace Agreement with regard to the airspace of Bosnia and Herzegovina;
"23. Demands that the parties respect the security and freedom of movement of SFOR and other international personnel;
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"24. Invites all States, in particular those in the region, to continue to provide appropriate support and facilities, including transit facilities, for the Member States acting under paragraph 18 above;
"25. Recalls all the agreements concerning the status of forces as referred to in Appendix B to Annex 1-A of the Peace Agreement, and reminds the parties of their obligation to continue to comply therewith;
"26. Requests the Member States acting through or in cooperation with the organization referred to in Annex 1-A of the Peace Agreement to report to the Council, through the appropriate channels and at least at monthly intervals;
*****
"Noting the request of the authorities in Bosnia and Herzegovina that the mandate of the United Nations civilian police force known as the International Police Task Force (IPTF), which is a part of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), be renewed,
"Reaffirming the legal basis in the Charter of the United Nations on which the IPTF was given its mandate in resolution 1035 (1995),
"Expressing its appreciation to the personnel of UNMIBH for their contribution to the implementation of the Peace Agreement,
III
"27. Decides to extend the mandate of UNMIBH, which includes the IPTF, for an additional period terminating on 21 December 1997, and also decides that the IPTF shall continue to be entrusted with the tasks set out in Annex II of the Peace Agreement, including the tasks referred to in the Conclusions of the London Conference and agreed by the authorities in Bosnia and Herzegovina;
"28. Requests the Secretary-General to keep the Council regularly informed on the work of the IPTF and its progress in assisting the restructuring of law enforcement agencies, and to report every three months on the implementation of the mandate of UNMIBH as a whole, and, in this context, also requests the Secretary-General to report to the Council by 16 June 1997 on the IPTF, in particular its work in assisting the restructuring of law enforcement agencies, coordinating assistance in training and providing equipment, advising law enforcement agencies on guidelines on democratic policing principles with full support for human rights, and investigating or assisting with investigations into human rights abuses by law enforcement personnel, as well as to report on progress by the authorities in Bosnia and Herzegovina in regard to such issues, in particular their compliance with
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IPTF-prescribed guidelines including their taking prompt and effective action, which could include dismissal where appropriate, in respect of any officer notified to them by the IPTF Commissioner as failing to cooperate with the IPTF or adhere to democratic policing principles;
"29. Stresses that the successful implementation of the tasks of the IPTF rests on the quality, experience and professional skills of its personnel, and urges Member States, with the support of the Secretary-General, to ensure the provision of such qualified personnel;
"30. Reaffirms the responsibility of the parties to cooperate fully with, and instruct their respective responsible officials and authorities to provide their full support to, the IPTF on all relevant matters;
"31. Expresses appreciation for the efforts under way to enhance and strengthen the logistical and support capabilities of UNMIBH by the Secretary- General, and urges that those efforts be increased;
"32. Calls upon all concerned to ensure the closest possible coordination between the High Representative, SFOR, UNMIBH and the relevant civilian organizations and agencies so as to ensure the successful implementation of the Peace Agreement and of the priority objectives of the civilian consolidation plan, as well as the security of IPTF personnel;
"33. Encourages Member States, in response to demonstrable progress by the parties in restructuring their law enforcement institutions, to assist the parties, through the IPTF, in following up the United Nations programme of assistance for the local police forces;
"34. Also requests the Secretary-General to submit to the Council reports from the High Representative, in accordance with Annex 10 of the Peace Agreement and the conclusions of the London Conference, on the implementation of the Peace Agreement and in particular on compliance by the parties with their commitments under that Agreement;
"35. Decides to remain seized of the matter."
MUHAMED SACIRBEY (Bosnia and Herzegovina) said that although economic recovery had moved forward in his country, many promises of assistance had remained unrealized. His Government favoured assistance being conditioned upon fulfilment of obligations contained in the Peace Agreement. However, failure of some authorities within Bosnia and Herzegovina to comply with their obligations should not be cause for the international community to neglect promises made to Bosnia as a whole.
While progress was being made in establishing new institutions of the central Government of Bosnia and Herzegovina, some would say that no progress
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had been made on elements of the Peace Agreement concerning the reintegration of the country. The Government of Bosnia and Herzegovina welcomed the call in the draft resolution for refugees to be able to choose their destination of return. While his Government endorsed the principle of regional arms control, it believed that effective inspections and public disclosure regarding compliance were essential. He welcomed the continuing role of the OSCE in supervising the forthcoming municipal elections.
The Security Council and the Peace Agreement had called for full cooperation with the International Tribunal, he said. However, levels of cooperation varied substantially from country to country, as well as between various authorities in Bosnia. The authorities of the Republika Srpska, in particular, took the view that their Constitution rejected compliance. Full compliance was obligatory under the Peace Agreement and under international law. All citizens, regardless of ethnic background, deserved protection. All must also be held accountable.
JOHN H.F. CAMPBELL (Ireland) spoke on behalf of the European Union and Bulgaria, Cyprus, Czech Republic, Hungary, Lithuania, Poland, Romania, Slovakia, Slovenia and Iceland. He said that primary responsibility for bringing about reconciliation and regeneration in Bosnia lay with the parties themselves. Unless they assumed that responsibility, the international community's resources could not be guaranteed. Without such a commitment to meeting their obligations, the European Union would have to reconsider the scope of its engagement in the peace process. European support for Bosnia was predicated on the idea that Bosnia would develop into a just and stable society, with a market-based economy anchored in the future Europe.
The European Union would continue to contribute to the consolidation of peace and stability in Bosnia and Herzegovina, he said. Of particular importance would be effective action towards respect for human rights, freedom of movement, elimination of obstacles to the return of refugees and displaced persons, compliance with the orders of the International Criminal Tribunal for the Former Yugoslavia, respect for free expression and free media, and the holding of municipal elections by summer 1997 under the supervision of the OSCE. The European Union had made clear its dismay at recent developments following the elections in Serbia. Democratic norms, including the right of free assembly, must be respected.
ROBERT R. FOWLER (Canada) said that while he supported the draft resolution before the Council, much more remained to be done to ensure lasting peace in Bosnia and Herzegovina. Peace could be sustained only if accompanied by justice. The success of the work of the International Tribunal was essential for stability in the region. The continuing impunity of persons indicted for war crimes threatened the peace process. Renewed efforts must be made to apprehend and prosecute war criminals and to comply with the Tribunal's activities. The Bosnian parties and the neighbouring States had
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the main responsibility for turning over war criminals to the Tribunal. At the same time, the international community had a responsibility to encourage and ensure that all the parties complied with their obligations in that regard and the parties' compliance must factor into discussions concerning ongoing international economic assistance.
It would be up to the Bosnians themselves to be the real peace-builders. All Bosnians must demonstrate the flexibility necessary to make their country work. Nevertheless, the international community would remain actively engaged. Canada would continue to provide significant assistance with emphasis on humanitarian programmes, democratic development, social rehabilitation and economic reconstruction.
He said the Stabilization Force should take a more assertive approach to the issue of war criminals. Canada had proposed a series of measures for SFOR, under its authorized mandate, which would increase the pressure on, and isolation of, indicted persons, especially those actively involved in their communities, and lead to their detention and transfer to The Hague. From the outset, Canadian military and civilian personnel had been present in Bosnia. Canada would also participate in the 32-country Stabilization Force.
He also welcomed the work of the Mine Action Centre, to which Canada had contributed both resources and personnel. Through its contributions to the Stabilization Force, the United Nations Mission in Bosnia and Herzegovina and in reconstruction and reconciliation efforts, Canada remained committed to helping the parties consolidate peace. However, in the second year of the implementation process, the focus would primarily be on the parties themselves -- the fulfilment of their obligations and commitments was indispensable for lasting peace.
JAKKEN BIORN LIAN (Norway) welcomed the authorization of a stabilizing force -- SFOR -- to carry on the work so successfully started by IFOR. He said Norway supported extending the mandate to 18 months, and would participate substantially in SFOR, as it had done in IFOR. Subject to parliamentary approval, it would contribute more than 700 troops to the force. It would also contribute significantly to the implementation of the civilian aspects of the Peace Agreement, continuing its short-term assistance programme and increasing its longer-term reconstruction efforts.
The international community, he said, had now set a time limit for its involvement in Bosnia, in both the civilian and military spheres. When the mandate of the multinational force expired, stability must be provided by the agreements on confidence-building and arms control signed in Vienna and Florence earlier this year. It was crucial that the commitments and timetables agreed upon should be respected by all. At the Peace Implementation Conference in London last week, the state of civilian implementation of the Dayton agreement had been thoroughly examined. There
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had been important achievements. The contribution of the United Nations International Police Task Force (IPTF) had been rightly emphasized.
But in other areas, he continued, little or no progress had taken place. At a time when donors were asked to contribute to the reconstruction of houses, in order to allow the return of refugees, it was unacceptable that other houses were being destroyed in order to prevent refugees from returning. It was unacceptable that while costly mine removal operations were being financed, new mines were being laid. The message given to the leaders of Bosnia and Herzegovina in London was loud and clear: the international community was determined to continue its efforts, but that determination must be matched by an equally strong mobilization of political will by the authorities of Bosnia and Herzegovina and its two entities.
HUSEYIN E. CELEM (Turkey) said his Government strongly opposed the selective approach adopted by the Serbian entity in Bosnia to the implementation of certain provisions of the Dayton agreement. All of them must be implemented without delay, including the return of refugees and displaced persons to their homes. While Turkey welcomed the attention paid to the protection of human rights, it regretted the continuing obstructions faced by those wishing to exercise their right of return.
He said the work of the International Tribunal was also of great importance. However, the Tribunal had recently reported that while the Republic of Bosnia and Herzegovina had cooperated with its work, the Republika Srpska had failed to do so. Unfortunately, the record of cooperation of the Federal Republic of Yugoslavia was equally dismal. It was important to note that under the Dayton accord, the Federal Republic was responsible for the Serbian entity's cooperation and compliance, as well as its own.
The fragility of the situation in Bosnia required that the international community act with caution and determination when contemplating its future role there. Although IFOR had achieved its mission, an international military presence was still required to provide the stability needed for peace to be consolidated. As indicated by the Ministers of NATO countries, NATO was prepared to organize and lead a stabilization force to replace IFOR, authorized by the Council under Chapter VII of the Charter. Such a force would strengthen the peace and be a deterrent against the resumption of hostilities. Turkey was prepared to contribute to such a stabilization force.
ANATOLI M. ZLENKO (Ukraine) said the international community could not leave the peoples of Bosnia halfway to peace, although the ultimate responsibility for the establishment of a lasting peace in the region lay on the shoulders of the peoples living there. The continued presence of a multinational stabilization force (SFOR) in Bosnia and Herzegovina would contribute to the promotion of confidence- and security-building measures and ensure full implementation of the peace agreement on subregional arms control.
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At the same time, SFOR would give wide-ranging support to the economic reconstruction and rehabilitation of the civil society in Bosnia and Herzegovina.
Ukraine, despite its difficult economic situation, would participate in a new operation in Bosnia in 1997. The presence of military force alone, however, would not immediately lead to peace in Bosnia. Only economic reconstruction and development in Bosnia and Herzegovina could help to create a strong unified State. Top priority should be given to economic cooperation projects between the Federation and Republika Srpska, as well as within the Federation itself. Such projects should provide for the development of common transport and energy systems and the construction of settlements for refugees and displaced persons. All ethnic groups living in Bosnia and Herzegovina should equally enjoy the advantages of peaceful economic reconstruction, including international financial assistance.
He said Ukraine attached special importance to the involvement of its industrial potential in Bosnia's economic restoration and reconstruction. Such participation would compensate for the billions of dollars which Ukraine had lost as a result of its strict observance of economic sanctions against the Federal Republic of Yugoslavia. By suffering those economic losses, Ukraine had directly contributed to the initiation of the Dayton process.
Regarding the successful implementation of the tasks of the IPTF, he said the 33 Ukrainian policemen who were members of the Force had undertaken special training courses and became acquainted with the traditions and cultures of the peoples. Their impartial and unbiased attitude to the representatives of all ethnic groups in Bosnia contributed to the strengthening of law and order in that country.
It was necessary to intensify efforts to solve mine-clearance problems and his country was ready to dispatch its military experts to train Bosnians in mine-clearance techniques and to participate in the future programmes carried out by the United Nations Mine Action Centre.
HASMY BIN AGAM (Malaysia) welcomed the tangible progress made towards implementing the Dayton accord, in particular the cessation of fighting and the separation of the warring parties, but said many difficult problems remained, particularly relating to the safe return of refugees and displaced persons, and regarding freedom of movement. Refugees must be allowed to return to their homes free from harassment by the local authorities or ethnic majorities. The international community must ensure that human rights were respected throughout the country.
In addition, some of the perpetrators of crimes against humanity were still free and continued to exercise power, he noted. It was regrettable that those with the strength and authority to do so had failed to apprehend and
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prosecute those war criminals. The political will of the international community must be translated into more concerted and aggressive efforts to that end. The speedy economic rehabilitation of Bosnia was vital. Its reconstruction was fundamental to ensuring regional stability. The international community should now seek to consolidate the gains achieved, rather than let them wither because of inaction.
QIN HUASUN (China) said that peace could be achieved only if the parties complied with the terms of the Peace Agreement. Peace in Bosnia would be conducive to peace and stability in the world as a whole. China would vote in favour of the draft, consistent with its principled support for the people of Bosnia and Herzegovina.
The deployment of the Stabilization Force was a major step. The Force should operate only under the political license of the Security Council. China's position of reservation regarding the deployment of the Force under Chapter VII of the Charter remained unchanged. The role of the Force should be strictly neutral. China would support the draft under the understanding that its support did not apply to the third part of the text.
KARL INDERFURTH (United States) said that in the year since the parties at Dayton had agreed to engage in a long-term peace process, there had been much progress, but much remained to be done. Instrumental to the successes witnessed in Bosnia had been IFOR and the IPTF. Knowing that IFOR's Security Council authorization was for approximately one year, the United States and others had carefully considered the need for maintaining a military presence there. The deployment of a multinational Stabilization Force, or SFOR, was an appropriate next step. The United States also firmly supported the extension of the IPTF mandate. The provisions the Council was about to adopt would enable the IPTF to follow through more effectively in the law enforcement reform process it had initiated and would continue to oversee.
To support the parties' efforts, the United States had pledged to provide appropriate assistance where significant progress towards those ends could be demonstrated. It would provide that aid through bilateral channels in coordination with the efforts of -- and in furtherance of the guidelines set out by -- the IPTF. But ultimately, responsibility for peace and reconciliation rested with the parties. He called on them to honour commitments that would allow freedom of movement to all, including refugees and displaced persons. He emphasized the need for all parties to secure for each and every individual, regardless of religious background, the highest level of human rights. If those steps were taken, the parties would be much closer to achieving stable democratic institutions that promoted peaceful resolution of disputes and respect for a variety of beliefs and political views.
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MAGED ABDEL AZIZ (Egypt) said that the peace process in Bosnia and Herzegovina had entered a new phase. The Council of the Presidency of Bosnia and Herzeg
