'Relatively stable military environment' established by collective endeavour of UN and IFOR: implementation of political and civilians undertakings ahead.

A "relatively stable military environment" for the implementation of extremely complex political and civilian undertakings had been established in Bosnia and Herzegovina, Secretary-General Boutros Boutros-Ghali announced on 21 March.

That had become possible after the military provisions of the General Framework Agreement for Peace in Bosnia and Herzegovina--the Peace Agreement--had been complied with under the "powerful presence" of the multinational Implementation Force (IFOR), he said. However, the military and civilian aspects were interconnected, and "only when the latter goal is achieved can the implementation of the Peace Agreement be considered successful", the Secretary-General reported (S/1996/210).

The new momentum in the four-year-old conflict in the former Yugoslavia had been created by the Bosnian Peace Agreement, negotiated at Dayton, Ohio, and signed in Paris on 14 December 1995, and the 12 November 1995 Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium, the Secretary-General said on 6 February (S/1996/83).

It was gratifying that UN expertise and experience had been recognizes and new operations--the UN Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES); the UN Mission in Bosnia and Herzegovina (UNMIBH), with its International Police Task Force (IPTF); and the UN Mission of Observers in Prevlaka (UNMOP)--had been given appropriate tasks "as part of a collective international endeavour to bring peace where only war has raged", Mr. Boutros-Ghali stated.

Until that time and for almost four years, he pointed out, the UN peace-keeping missions in the former Yugoslavia had "worked tirelessly in dangerous and adverse conditions, often without sufficient resources and under complex and demanding mandates". Lightly armed peace-keepers and un-armed civilians had been sent into "areas of active warfare, where their courageous efforts helped to save untold human lives and to alleviate the suffering of the civilian population", the Secretary-General stated.

Also, it had become obvious that a "peace-keeping mission cannot achieve its objectives without the unfailing support and commitment of the international community in terms of financial and human resources required for the implementation of its mandate, as well as the full cooperation of the parties to the conflict", he stressed.

Council action, appointments

From 1 January to 8 May, the Security Council met formally or in consultations on 19 occasions to consider the situation in the former Yugoslavia, adopting five resolutions and issuing four presidential statements.

Among other things, it established UNTAES and authorized the deployment of 100 military observers for that new operation; increased by 50 military observers the strength of the UN Preventive Deployment Force (UNPREDEP) in the former Yugoslav Republic of Macedonia; extended the UN presence in the Prevlaka peninsula; authorized the deployment to UNMIBH of five military liaison officers and two helicopters, with the necessary operating and support personnel; and appointed Justice Louise Arbour of Canada as Prosecutor for the International Tribunal for the Former Yugoslavia effective 1 October 1996.

On 1 February, the Secretary-General appointed Iqbal Riza of Pakistan as his Special Representative and Coordinator of the UN operations in Bosnia and Herzagovina. Peter FitzGerald of Ireland was named Commissioner of the IPTF. The post of Secretary-General's Special Representative for the Former Yugoslavia was thus terminated. Residual political support and liaison functions in Croatia and in the Federal Republic of Yugoslavia (Serbia and Montenegro) were entrusted to the new Zagreb and Belgrade Liaison Offices.

On 17 January, Jacques Paul Klein of the United States became UNTAES Transitional Administrator, with overall authority over the civilian and military components of the operation. On 13 February, Major General Jozef Schoups of Belgium was named UNTAES Force Commander, with effect from 1 March. Brigadier-General Bo Lennart Wranker of Sweden on 16 February was appointed UNPREDEP Force Commander, also effective 1 March. His compatriot, Colonel Goran Gunnarsson became UNMOP Chief Military Observer on 28 February.

Benefits and problems

The first phase of implementation of the Peace Agreement on Bosnia and Herzegovina, from its signature on 14 December 1995 to the beginning of March 1996, had "highlighted the benefits of peace, as well as the problems we face", High Representative Carl Bildt, the final authority regarding the civilian aspects of the implementation, reported on 13 March (S/1996/190).

IFOR had been able to carry out its tasks as envisaged and thus had supported the complex and long-range efforts at reconciliation, reintegration and reconstruction, Mr. Bildt stated. He stressed that military implementation had been the decisive factor during the first three months, the "prerequisite for all other activities".

The necessary structures for the support to the different civilian implementation efforts, as well as all the Commissions provided for in the Peace Agreement--on refugees and displaced persons, public corporations, and preservation of national monuments--had been set up, he stated.

While the separation of forces had been done successfully with the help of IFOR, political developments surrounding the transfer of territory had been more troubling, he reported. There had been widespread destruction in the areas that were transferred from the Federation to the Republika Srpska in Western Bosnia, and the transition in Sarajavo also faced difficulties, with large numbers of displaced persons as a result. "Three months after the Peace Agreement was signed, we must regrettably conclude that the forces of ethnic separation are still far stronger than the forces of ethnic reintegration", the High Representative stated.

During the next phase of peace implementation, which would cover the period until the Rome Review Conference scheduled for 13 and 14 June, preparations for elections had to be completed. There must be visible signs of the international community living up to its commitment to help with the economic rebuilding of the country, and to see the start of repatriation of refugees and displaced persons, Mr. Bildt stated.

In the third phase, "elections must be at the centre of our efforts", he went on. Although there was an "obvious risk that the elections will strengthen rather than weaken the forces of ethnic separation", they were of crucial importance in paving the way for the setting up of the common political institutions of the country. In that regard, the High Representative was concerned about the right of all political forces to have equal access to the media, especially radio and television.

The most critical, however, would be the fourth phase following the elections, when the "process of setting up the common institutions, in accordance with the detailed and complex arrangements of the Constitution must be initiated", he reported. That would also be the time when IFOR's mandate would be terminated and the future of the Brcko area had to be decided. "It is then that we can judge whether Bosnia is heading for partition or reintegration, and whether the peace we have sought will hold", Mr. Bildt stressed. The successes of the past months were obvious, he declared. "The guns are silent, and life is slowly returning to normalcy. Soldiers are returning home to their families, and politicians can start to address all the problems of peace in contrast to the problems of war."

But he was concerned with two problems: "significant funding shortfalls" for the different civilian implementation efforts, which applied inter alia to the UN, election preparations by the Organization for Security and Cooperation in Europe (OSCE), and a "range of other important activities"; and the will of the parties themselves. "Without an active effort at reconciliation and cooperation, there will be distinct limits to what the international community can do", High Representative Bildt warned.

"No lasting peace can be built without a genuine commitment to reconciliation, but nothing is as difficult after a war as bitter and brutal as the war in Bosnia has been as this", he stated. "Reconciliation will be possible when there is a common perception that justice for all will be created, and when the energies and efforts of the people of Bosnia and Herzegovina are concentrated less on the legacies of the bitter past than on the promise of a common future", Mr. Bildt declared.

IFOR operations

On 18 April--D+120, or 120 days after the transfer of authority from the UN Protection Force (UNPROFOR) to the multinational Implementation Force (IFOR)--"we passed a major milestone in the implemental on of annex 1-A to the Peace Agreement", Javier Solana, Secretary-General of the North Atlantic Treaty Organization (NATO), informed Mr. Boutros-Ghali on 23 April (S/1996/315) .

While, in general, Mr. Solana was "satisfied with the cooperation and compliance" of the parties in implementing the accord's military aspects, he also noted practical difficulties in their efforts to comply with the D+120 requirements relating to cantonment and demobilization of forces. "Compliance has proved to be difficult within this time-scale, as the scale and complexity of this task have exceeded the military organizational capabilities of the Parties", the NATO Secretary-General noted.

Also, it remained "unclear whether full compliance has been achieved on the removal of foreign forces", he went on. Another cause for concern was restrictions on the freedom of movement of civilians, refugees and displaced persons.

On the positive side, a major release of prisoners of war by all parties had taken place in early April, Mr. Solana reported. However, each side continued to hold a number of prisoners, although in many cases they had provided the International Tribunal dossiers on those individuals for "possible investigation as war criminals".

Regrettably, tensions continued, he stated, and they might grow more acute as thousands of refugees and displaced persons began their repatriation. The success of IFOR remained "closely linked to the success of the civilian mission, particularly concerning the elections and economic reconstruction", he stressed.

As of 23 April, IFOR comprised approximately 55,000 personnel, from all nations of NATO and 16 non-NATO countries, the report said. Its air assets continued to provide "sufficient capability to secure the airspace, defend and support IFOR ground forces and monitor compliance", and its maritime assets also remained deployed in its support.

On 22 March, Mr. Solana had reported (S/1996/215) that IFOR also provided a "capability for close air support" to UNTAES. With regard to the implementation of the civil aspects of the Agreement, which were "crucial to its success", IFOR was assisting the High Representative and international organizations, such as the OSCE, the Office of the UN High Commissioner for Refugees (UNHCR) and the International Committee of the Red Cross (ICRC), in their relevant efforts, Mr. Solana said. General support to all civil agencies included the "exchange of information and security advice and, in emergency, the provision of medical and repair facilities, fuel, accommodation and food, based on retrospective repayment arrangements", he reported.

IFOR continued to support, within the limits of its assigned principal tasks and available resources, the International Tribunal's efforts to bring those indicted to trial. A recent example was the "transport and escort protection" to the Tribunal team investigating a mass grave site in the Prijedor Opstina area. The Force was also undertaking air reconnaissance and area ground surveillance of suspected mass grave sites and would report any tampering which it detected to the Tribunal, Mr. Solana stated. In addition, IFOR was supporting the IPTF in Bosnia by providing quick reaction forces and other forms of assistance.

In a 26 February report (S/1996/ 131), the NATO Secretary-General said that the cooperation with Bosnian Serb authorities had been "set back following the detention by the Bosnian Government of suspected Bosnian Serb war criminals at the beginning of February". The issue had been addressed with the Presidents of Bosnia and Herzegovina, Croatia and Serbia during their summit meeting in Rome on 17 and 18 February.

"Operation Joint Endeavour has started well and we see prospects for long-term success in the implementation of the military aspects of the Peace Agreement", Mr. Solana stated on 23 January (S/1996/49). "Our actions have remained even-handed and this has had a significant impact on the acceptance of IFOR by the parties and their cooperation with our forces throughout Bosnia and Herzegovina", he said.

Resolution 1037: UNTAES established

A new peace-keeping operation in Croatia--the UN Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES)--with both military and civilian components, was established by the Security Council on 15 January, for an initial period of 12 months.

By unanimously adopting resolution 1037 (1996), the Council also decided that the demilitarization of the region, as provided in the 12 November Basic Agreement between the Croatian Government and the local Serbian community, "shall be completed within 30 days" from the date the Secretary-General informed the Council that the UNTAES military component had been deployed and was ready to undertake its mission. No later than 14 days after the date on which the demilitarization was due to be completed, the Council would review whether the parties had shown a willingness to implement the Basic Agreement. If they had "significantly failed to comply with their obligations", it might reconsider the Administration's mandate.

The operation's military component--a "force with an initial deployment of up to 5,000 troops"--was to: supervise the demilitarization; monitor the voluntary and safe return of refugees and displaced persons to their home of origin, in cooperation with the UNHCR; contribute, by its presence, to the maintenance of peace and security in the region; and "otherwise to assist in implementation of the Basic Agreement".

The UNTAES civilian component was to: establish and train a temporary police force and monitor the treatment of offenders and the prison system; carry out civil administration tasks and restore public services; facilitate the return of refugees and displaced persons; organize elections and certify their results; and help coordinate plans for the region's development and economic reconstruction.

Also, UNTAES was to monitor the parties' compliance with their commitment to respect the highest standards of human rights and fundamental freedoms, promote an "atmosphere of confidence among all local residents irrespective of their ethnic origin", monitor and facilitate the demining of territory within the region, and maintain an "active public affairs element".

In calling upon the parties to comply strictly with their obligations under the Basic Agreement and cooperate with UNTAES, the Council strongly urged them to "refrain from any unilateral actions", which could hinder the handover from the UN Confidence Restoration Operation (UNCRO) to UNTAES, and encouraged them to "continue to adopt confidence-building measures to promote an environment of mutual trust".

Member States, acting nationally or through regional organizations, might take all necessary measures, including close air support, in defence of UNTAES to help in its withdrawal. UNTAES and IFOR were also asked to "cooperate, as appropriate, with each other", as well as with High Representative Carl Bildt.

Resolution 1043: 100 observers for UNTAES

On 31 January, the Council authorized the deployment of 100 military observers for six months, as part of UNTAES. It acted by unanimously adopting resolution 1043 (1996).

The Secretary-General on 26 January had informed the Council (S/1996/66) that observers were needed to "enable UNTAES to supervise and facilitate the demilitarization" of Eastern Slavonia, Baranja and Western Sirmium, as provided for in the 1995 Basic Agreement.

Recalling his 13 December 1995 recommendation for sending some 9,300 combat troops to the region, Secretary-General Boutros-Ghali stated that that concept did not require the deployment of UN military observers. However, he went on, in view of a "more limited presence", there was a need for 100 UN military observers, who would "identify the units and equipment to be demilitanzed and monitor and verify the implementation of demilitarization", and report on "any developments relevant to the maintenance of peace and security in the region".

Resolution 1046: UNPREDEP increased

An increase by 50 military personnel in the strength of the UN Preventive Deployment Force (UNPREDEP) in the former Yugoslav Republic of Macedonia (FYROM), to provide for a "continued engineering capability in support of its operations", was authorized by the Council on 13 February.

In unanimously adopting resolution 1046 (1996), the Council also agreed (S/1996/94) with the Secretary-General's view that UNPREDEP should have 1,050 contingent personnel, 35 military observers, 26 civilian police, and 73 international civilian and 127 locally-recruited staff

In his 30 January report (S/1996/65), Mr. Boutros-Ghali had recommended that UNPREDEP become an independent mission, with basically the same mandate, reporting directly to UN Headquarters in New York. In that regard, the Force would be faced with the "twofold task of maintaining its ongoing programmes, while at the same time restructuring for a `stand-alone' operation".

A key priority in ongoing programmes would be "engineering operations, which include both building and road maintenance components", the Secretary-General said. Another priority was the communications infrastructure, which, because of the "poor quality and congestion" of local telephone lines, would "need to be improved through the establishment of satellite links, including a direct satellite link" with UN Headquarters, he added.

There was also a need for an improved local planning capability, as well as enhanced hardware/software expertise and system management capabilities, the Secretary-General reported. Provision would be made for independent finance, procurement, personnel, UN security and general services offices.

Member States, donor countries and international institutions should not lose sight of the importance of the international economic assistance and should support the FYROM's efforts to "overcome the effects of the special economic problems" arising from the implementation of sanctions against the FRY, Mr. Boutros-Ghali stressed.

The original purpose of UNPREDEP's deployment was to "counter a possible impact of the conflicts engulfing other areas of the former Yugoslavia", he stated. "At present, although the fighting has ceased and there is little evidence of a direct or immediate threat to the Republic, the effect of the existing tensions has not totally abated and the danger of fragmentation has not been averted", the Secretary-General observed. Therefore, the world community's continued commitment to multilateral efforts towards stability in the Balkan region was vital, he declared. In a longer perspective, however, the "litmus test of internal peace and stability will be the ability of all social, ethnic and political groups in the country to advance effective processes for the construction of a civil society capable of solving disputes through legal, peaceful means", Mr. BoutrosGhali said.

On 8 April, an Agreement on the regulation of relations and the promotion of cooperation between the FRY (Serbia and Montenegro) and the FYROM was signed in Belgrade.

Resolution 1038: UNMOP extended

By resolution 1038 (1996) of 15 January, the Security Council authorized the UN Military Operation in Prevlaka (UNMOP) to continue monitoring the demilitarization of the area for a period of three months, to be "extended for an additional period of three months upon a report by the Secretary-General that such extension would continue to contribute to the decrease of tension there". On 14 March, having received such a report, the Council authorized that extension.

A joint declaration reaffirming their agreement to the demilitarization of the Prevlaka peninsula had been signed on 30 September 1992 by the Presidents of Croatia and the FRY (Serbia and Montenegro). In that accord, they agreed that the Yugoslav Army, as the Yugoslav People's Army UNA) was then called, would withdraw completely from Croatia. Prevlaka--a peninsula in Croatia which borders Bosnia and Herzegovina and the FRY (Serbia and Montenegro)--would be demilitarized and heavy weapons would be removed from neighbouring areas of Croatia and Montenegro.

On 21 October 1992, the Secretary-General had informed the Council that the Yugoslav Army had completed its withdrawal from all Croatian territory, and UNPROFOR military observers had been stationed on the Prevlaka peninsula, "where the United Nations flag was flying".

On 12 March 1996, Secretary-General Boutros-Ghali reported (S/1996/180) that UNMOP had become a separate mission under Colonel Gunnarsson's command, and had continued to carry out daily patrols and conduct regular weekly meetings with local military and police commanders in Dubrovnic and Herceg-Novi. The Chief Military Observer and his Deputy had also attended higher-level meetings with political, religious and cultural leaders in the area and with general staff officers in Zagreb and Belgrade, in order to promote confidence and improve the prospects for a solution", he said.

Area of potential confrontation

The Prevlaka peninsula remained a tense but stable area of potential confrontation" between Croatia and the FRY, the Secretary-General stated. Nevertheless, all parties had expressed their desire to resolve their differences by negotiation. The process had accelerated over the past few months, with both sides considering practical confidence-building measures that would decrease tension and allow the full economic and tourist potential of the area to be realized, he said.

The parties, while agreeing that the presence of international observers was an "important reassurance, which contributes to the decrease of tension and to a more positive atmosphere for negotiations", did not agree on which international organization should perform that task, the Secretary-General noted. If UNMOP was to monitor the demilitarization agreement effectively, it was essential that the parties improve cooperation with it, he stressed.

Of particular concern, Mr. BoutrosGhali went on, were the violations in the blue zone--a demilitarized area on either side of the Croatian/FRY border intended to be controlled exclusively by the UN, with no access for either parties--which had been "steadily increasing in recent months". While there were "no indications of hostile military action", the Secretary-General was concerned that those violations, if allowed to remain unchecked, could lead to an increase in tension and possible conflict in the area.

Therefore, in the absence of further progress between the parties on a negotiated resolution of their differences and in the absence of agreement on an alternative organization to monitor the area, he believed that UNMOP's continued presence would contribute to the decrease of tension.

While all the parties appeared committed to a peaceful solution of the Prevlaka issue, Croatia preferred a mission under OSCE auspices, in order to remove the impression which it believed was created by the UN presence that the area was disputed and under the threat of military confrontation, the Secretary-General reported.

President Bulatovic of Montenegro, however, had indicated that OCSE monitoring was not acceptable as long as the FRY did not have full membership in that organization. Both he and President Slobodan Milosevic of Serbia had expressed satisfaction with the present UNMOP mandate and "appealed for its renewal" while negotiations with Croatia were continuing.

Also, Special Representative Iqbal Riza, in discussions with OSCE officials, had been informed that OSCE would "not be in a position to accept responsibility for monitoring the demilitarization of the peninsula in the near future", the report said.

UNMIBH reinforced

The deployment of two military helicopters, with the "necessary operating and support personnel", from Ukraine, in order to meet the air transport requirements of the UN Mission in Bosnia and Herzegovina (UNMIBH), was authorized by the Council on 22 March.

On 7 March, the Council had endorsed the Secretary-General's proposal to deploy five military liaison officers to UNMIBH, so as to strengthen its liaison arrangements with IFOR. The officers were to report to the Special Representative and assist him in the discharge of his responsibilities.

Reconciliation urged

The Security Council on 4 April demanded that the Bosnian parties fully implement the Peace Agreement and demonstrate a "genuine commitment to confidence and security-building measures, regional arms control, reconciliation and the building of a common future".

In a statement (S/PRST/ 1996/15) by its President, Juan Somavia of Chile, the Council also demanded that they "comply fully, unconditionally and without any further delay" with their commitments regarding the release of prisoners, implementation of the constitutional framework, withdrawal of foreign forces, ensuring freedom of movement, cooperation with the International Tribunal for the Former Yugoslavia, return of refugees, and respect for human rights and international humanitarian law.

In noting "in general, satisfactory compliance with the military aspects" of the Peace Agreement and, on the whole, that its implementation was proceeding according to the established timetable, the Council stressed that "now the main emphasis in implementation efforts by the international community and the Bosnian parties themselves should shift to the civil aspects".

It called upon the authorities concerned with the Federation of Bosnia and Herzegovina to "move forward vigorously on measures to strengthen that Federation" and, to that end, to implement in full the Sarajevo Agreement, concluded on 30 March under the High Representative's auspices.

In that accord, the parties, among other things, had stressed (S/1996/244) that "concrete implementation steps" were needed and reiterated the "importance of action by IFOR to eliminate all illegal internal customs, military and other checkpoints". They also recommended to the Federation Parliament to consider the "annexed specimens as the future Federation flag and coat of arms", and called upon IFOR, the Commission of the European Union, the World Bank and the International Monetary Fund to "continue their close cooperation in surveying the military, physical and economic feasibility of opening additional commercial routes into Federation territory from various directions".

Concerns remain

Also, by the Council's 4 April presidential statement, it expressed particular concern at the failure by all Bosnian parties to comply fully with the provisions of the Peace Agreement concerning the release of prisoners. The Council stressed that those obligations were "unconditional", and failure to meet them constituted a "serious case of non-compliance".

Full support was expressed for the High Representative, UNMIBH, including its Police Task Force, and the Mine Action Center, as well as for other international institutions and organizations involved. It affirmed that the Agreement's implementation "must be strict, just and impartial".

In recognizing that economic reconstruction and rehabilitation throughout Bosnia were key factors for the overall success of the peace implementation process, reconciliation and reintegration, which required the parties' political will, as well as substantial international assistance, the Council urged that "priority be given to projects aimed at facilitating the process of reconciliation and the economic reintegration of the whole country".

While calling upon States and international institutions to honour fully their commitments regarding economic and financial assistance to Bosnia, the Council affirmed that it was the parties themselves that had the most important role in re-establishing their country's economy.

Deep concern was expressed over recent developments in the Sarajevo area, which had caused thousands of Bosnian Serb civilians to leave their homes. The Council called upon the parties to make greater efforts towards reconciliation and the reconstitution of a multicultural and multi-ethnic Sarajevo, as a city of Bosniacs, Serbs, Croats and others, and as the capital and seat of the future common institutions. It further called on the parties to put in place additional measures to ensure security, freedom of movement and conditions for the return of people affected in Sarajevo and all other transferred areas, and "reverse the trend of population movements and partition efforts in Bosnia and Herzegovina along ethnic lines".

Resources needed

Adequate and appropriate resources for UN missions in the former Yugoslavia remained of "crucial importance", the Secretary-General said on 6 February (S/1996/83). He was particularly concerned that the major international effort in Bosnia "should not obscure and deflect the need for substantial resources" for UNTAES in Croatia. For "failure in Croatia would not only have disastrous consequences for the local population, but could also seriously undermine and even lead to the failure of international operations in Bosnia and Herzegovina, sowing the seeds for renewal of military contention following the withdrawal of IFOR", Mr. Boutros-Ghali warned.

In Croatia, the primary responsibility for protecting the human rights of all its people, including minorities--the observance of which was the "fundamental building block of democracy, stability and international acceptability for all States"-lay with the Government, he stressed. But with the end of UNCRO, it was "now up to other organizations and regional institutions to continue to meet the international community's concerns about respect for the human rights of minorities".

In Bosnia, the "prospect of a major Serb exodus" from parts of Sarajevo in advance of the return to government control under the Peace Agreement was a "matter of great concern". The Secretary-General hoped that the combined international presence and effort, together with the full support and credible guarantees and actions by the Government, would create "sufficient confidence for those Serbs to remain and for those who have already left to return". In that context, he went on, the practice of destruction of property and possessions prior to departure was "both short-sighted and inadvisable, in that it minimizes the possibility of return and reduces the chances of compensation for property voluntarily abandoned and destroyed".

The Secretary-General was also concerned at the continuing difficulties on the ground in establishing the Bosniac-Croat Federation as a "viable and harmonious entity". While there appeared to be full commitment at the intergovernmental level, it would require "constant nurturing, encouragement and support at the local level if it is to function as one of the two pillars" of the Peace Agreement, he observed. An experienced UN presence throughout Bosnia, working in close cooperation with IFOR and the High Representative, would make a "substantial contribution to this common cause".

In making the necessary arrangements for the new UN missions established pursuant to Council resolutions 1035 (1995), 1037 (1995) and 1038 (1996), the Secretary-General intended to maintain a "sufficient, but lean and cost-effective, staffing structure" appropriate to their mandates.

Sarajevo

The underlying forces that had led to the exodus of the Bosnian Serb population of Sarajevo were the "bitterness, fears and hatred created by the past four years of war", the Secretary-General said on 29 March (S/1996/210).

However, Bosnian Serb and Federation authorities bore a "great responsibility for this set-back, as they did not show any determination to reassure and persuade the Serb population to stay on", he stressed. That had resulted in another round of population movements along ethnic lines, further separating Bosnian Serbs and Bosniacs and delivering a "telling blow to the multicultural nature of Sarajevo society", Mr. Boutros-Ghali said.

The possibility still remained that a number of the Bosnian Serb Sarajevans, who had left and "now find themselves in difficult conditions in their new environment", might consider returning to Sarajevo "if they feel that conditions there are secure enough, especially if they can regain access to their homes upon return". The Federation authorities, however, would have to adopt a "radically different policy towards reconciliation if they wish to encourage the reconstitution of a multicultural Sarajevo", the Secretary-General declared.

The restoration of "some degree of confidence at the political level" between the Federation and Republika Srpska was also essential, but that might be impeded by the "deep wounds and distrust left by the conflict at the individual human level, as well as by current political calculations", he observed. "Healing, however, must be encouraged by conciliatory decisions and actions by the leadership of both sides."

The persistent strains between them were also a major cause for concern, the Secretary-General pointed out. A territorial dispute in western Bosnia, disagreement over the status of Sarajevo, frictions between the two police forces and failure of the parties to implement earlier agreements on economic and political matters had all exacerbated existing difficulties.

"Unless the two communities made determined and sustained efforts to avoid conflict, establish cantons as agreed and strengthen Federation structures, divisive trends will increase", he warned. "This will not only further weaken the Federation, but will have repercussions on the structure of the State of Bosnia and Herzegovina."

It was in the midst of those tensions that UNMIBH and the IPTF were operating, the Secretary-General said. It was, therefore, "not feasible to assign to this unarmed force the task of enforcing law and order in a country awash with weapons, all the more so when it has no legal authority to do so", he noted.

Finally, "peace cannot be durable unless it is accompanied with justice", Mr. Boutros-Ghali stated. "Following one of the most bitter wars in Europe since 1945, with unspeakable atrocities against civilians reaching to the level of crimes against humanity, those individuals indicted by the International Tribunal for the Former Yugoslavia must be brought to trial", he stressed. "Peace with justice is an overriding goal of the international community, and it is the legal and moral duty of all signatories to the Peace Agreement to assist in its attainment."

Tribute to ICFY

The Security Council members on 11 January, in taking note that the International Conference on the Former Yugoslavia (ICFY)--established in August 1992 to "remain in being until a settlement of the problems" in that region--would "cease to exist as of 31 January 1996", conveyed their appreciation to the Co-Chairmen of the ICFY Steering Committee for their work, as well as for the Conference's important role in efforts to bring peace to the former Yugoslavia.

In their final report of 30 December 1995 (S/1996/4), Co-Chairmen Carl Bildt of the European Union and Thorvald Stoltenberg of the UN had said that the ICFY had continued to provide a "valuable framework for peace-making, peace-building and humanitarian and human rights activities" in the war-torn former Yugoslavia. Those included: the operation of the ICFY Mission, which since September 1994 had watched over the closure by the FRY of its border at areas of Bosnia controlled by the Bosnian Serbs; cooperation with the Contact Group countries-France, Germany, the Russian Federation, the United Kingdom and the United States-in finding a settlement for Bosnia and Eastern Slavonia in Croatia; alerting the international community to "pressing humanitarian issues"; promotion of dialogue on human rights for ethnic communities, nationalities and minorities; and consideration of economic and reconstruction issues.

Sanctions suspended, arms embargo modified

Sanctions imposed on the Bosnian Serb party were suspended indefinitely, starting on 27 February, it was announced that day by Juan Somavia of Chile, Chairman of the Security Council Sanctions Committee established pursuant to resolution 724 (1991).

The suspension took effect after the Council, in accordance with resolution 1022 (1995), had been informed on 26 February through the appropriate political authorities that, in the assessment of the IFOR Commander, Bosnian Serb forces had withdrawn from the zones of separation established in the Peace Agreement.

At the same time, the embargo on deliveries of weapons and military equipment to all constituent republics of the former Yugoslavia continued to remain in force, in accordance with Council resolution 1021 (1995), Mr. Somavia said.

In a 14 March statement, he declared that 13 March 1996 was to be the "date of termination of all provisions of the embargo on deliveries of weapons and military equipment" imposed by resolution 713 (1991), except those related to the delivery of heavy weapons, including tanks and armoured vehicles, artillery and mortars, and ammunition for such weapons, mines, military aircraft and helicopters. The delivery of those items into Bosnia, Croatia, the FRY, FYROM and Slovenia would "continue to be prohibited until the fulfillment of terms stipulated in resolution 1021 (1995)", or until the 180th day following the 14 December 1995 signing of the Peace Agreement, Mr. Somavia announced.

On 26 March at Headquarters, the Sanctions Committee was briefed by Frederick Racke, the European Union/OSCE Sanctions Coordinator, and Richardt Vork, Director of the Sanctions Assistance Missions Communications Centre (SAMCOMM), on their activities following the adoption of Council resolutions 1021 (1995) and 1022 (1995).

In describing the steps involved in the "gradual downscaling of the sanctions assistance operation in such a way as to maintain a credible sanctions reimposition capability in the event of significant breaches of the Peace Agreement", Mr. Racke stated that the sanctions had "significantly contributed to the achievement of a negotiated peace in the region". Dr. Vork said that, while the sanctions were suspended, SAMCOMM would, among other things, participate in assisting the Bosnian Government in building a unified customs system.

`Extensive harassment'

Violations of international humanitarian law and human rights in the former sectors North and South in Croatia, including "killings of several hundreds of civilians, systematic and widespread roofing and arson and other forms of destruction of property", were strongly condemned by the Security Council on 8 January.

In a statement (S/PRST/1996/2) by its President, Sir John Weston of the United Kingdom, the Council also expressed deep concern over a "considerable discrepancy" between the numbers of perpetrators so far brought to justice and reported violations. It urged Croatia to make "every effort to arrest all perpetrators and bring them promptly to trial".

In recalling with dismay that failure of Croatia to transfer to the International Tribunal's custody persons indicted by it, the Council expressed "concern at the recent appointment of one of those indicted to a position in the Croatian army".

It was also disturbed by the humanitarian and security situation of the mostly elderly Serb population remaining in the former sectors in Croatia, and gravely concerned at the information on "continuing extensive harassment and intimidation, roofing of property and other forms of abuse". In that regard, Croatia was told to take urgent measures to stop all such acts immediately and provide urgently needed food, medical assistance and proper shelter to the Serb population.

Since the rights of Serbs who had fled during the Croatian military operation in August 1995 to return to their homes in safety and dignity were being "severely curtailed by the absence of constructive measures to facilitate their return", the Council demanded that Croatia respect fully their rights, including the "right to remain, leave or return in safety", and create conditions conducive to their return. Croatia was also urged to refrain from any measure which would adversely affect the exercise of the right to return.

By reaffirming its call on Croatia to "lift any time-limits placed on the return of refugees to reclaim their property", the Council took note of Croatia's 27 December 1995 decision to suspend the deadline set in its relevant law as a "step in the right direction".

It also noted with appreciation Croatia's 30 December 1995 decision to "suspend criminal proceedings against and release 455 local Serb detained on suspicion of armed rebellion", and urged for appropriate measures to ensure that the right to a fair trial of those Serbs who remained and had been arrested and accused of war crimes or armed rebellion was safeguarded.

In stressing that respect for the rights of persons belonging to the Serb minority would be of great importance in implementing the Basic Agreement on Eastern Slavonia, Baranja and Western Sirmium, the Council urged Croatia to "rescind its decision to suspend several articles of the `Constitutional Law on Human Rights and Freedoms, and the Rights of National and Ethnic Communities in the Republic of Croatia'".

Full rights for Serbs urged

On 23 February, the Security Council acknowledged that the incidence of human rights violations in Croatia had been "greatly reduced", but expressed concern over "isolated incidents of killings and other violations of human rights".

Through a statement by Council President Madeleine K Albright, it also demanded that Croatia take measures to ensure that the local Serb population might fully exercise their rights including their right to remain leave or return to their homes in safety and dignity, and reclaim possession of their property, which "cannot be made conditional" upon an agreement on the normalization of relations between Croatia and the FRY.

In expressing its deep concern at the situation of refugees from Croatia who wished to return, the Council called upon the Government to "ensure the expeditious processing of all requests from refugees" and proceed with the establishment of a "provisional human rights court".

In acknowledging the significant progress made by the Government in alleviating the humanitarian plight of the mostly elderly Serb population remaining in Croatia, the Council looked to the Government to ensure the security and well-being of that population and "pursue vigorously prosecutions against those suspected of past violations of international humanitarian law and human rights against the local Serb minority".

Croatia was also called upon to give due consideration to "granting amnesty to local Serbs remaining in detention on charges arising from their alleged participation in the conflict".

Potential for recurrence 

Secretary-General Boutros-Ghali on 14 February had reported (S/1996/109) that "potential for recurrence" of human rights violations in the former sectors in Croatia remained substantial, and the "continuing absence of a strong and responsible local police presence" was still a cause for concern.

Although, according to Croatia, a large number of judicial proceedings had been instituted with respect to crimes and human rights violations allegedly committed in the aftermath of the military operations, mostly against Croatian Serbs, "many reported cases of killings are unresolved, and there is scant evidence of trials concerning acts of arson or looting being brought to conclusion", he said. "It will be important to continue to monitor the judicial process to ensure that the widespread criminality documented by international observers last year does not go unredressed", Mr. Boutros-Ghali stated.

With UNCRO's termination on 15 January, the number of international personnel in Croatia had been drastically reduced and limited to a small team of officers from the UNHCR, the Centre for Human Rights and international NGO representatives, the Secretary-General noted. The UN's ability to assess further developments on the human rights issues "will accordingly be very limited".

Resolution 1047: New Tribunal Prosecutor

Louise Arbour of Canada on 29 February was named Prosecutor of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia and the International Tribunal for Rwanda.

In unanimously adopting resolution 1047 (1996), the Security Council also noted with regret the resignation of Justice Richard J. Goldstone of South Africa, and decided that Mrs. Arbour would take over the post "with effect from the date on which Mr. Goldstone's resignation takes effect",on 1 October 1996.

FRY non-compliance

The Security Council on 8 May expressed its "profound concern at recent instances of failure to cooperate" with the International Tribunal, and in particular the failure of the FRY (Serbia and Montenegro) to do so.

In a statement by Council President, Qin Huasun of China, it also deplored the FRY's "failure to date" to execute arrest warrants issued by the Tribunal against three individuals--Mile Mrksic, Miroslav Radic and Veselin Sljivancanin--and called for the execution of those warrants without delay. It also called upon all States which had not done so to make provision in their domestic law enabling them to "comply with their obligations with respect to cooperation with the Tribunal".

Tribunal President Antonio Cassese on 24 April had informed the Council (S/1996/319) that the individuals in question were "charged with the murder of 260 civilians and other unarmed men" following the fall of Vukovar, Croatia, in November 1991.

As the Tribunal had been established in 1993 by virtue of Chapter VII of the UN Charter, all Member States were "under an obligation to assist it, notably by complying with its orders", and the cooperation of the States of the former Yugoslavia was "particularly imperative: without such cooperation, few accused would ever be delivered to The Hague to stand trial", he stressed. "To this day, however, the Federal Republic of Yugoslavia (Serbia and Montenegro) has not executed a single arrest warrant addressed to it", the Tribunal President stated. It was therefore his duty to bring FRY's non-compliance to the attention of the Council so that it could decide upon the appropriate response.

Tragic crash

The Security Council on 4 April, through a presidential statement, paid tribute to all those people who had given their lives in the cause of peace in the former Yugoslavia and expressed condolences to their families, including the family of Ronald H. Brown, United States Secretary of Commerce, who was among the 33 people killed in a military plane crash in Croatia on 3 April. Mr. Brown headed a delegation of American corporate executives.

On 3 April, Secretary-General Boutros-Ghali said he was "shocked and saddened" to learn the news, of the crash. Mr. Brown's mission was "particularly important and deeply appeciated in view of the desperate need of the peoples of the former Yugoslavia for international assistance in their process of peace building", he stated.

End of Sarajevo airlift

The Sarajevo airlift--the longest-running humanitarian air bridge in history, launched by the UNHCR on 3 July 1992-ended on 9 January 1996, with final deliveries made from the Agency's warehouse in Ancona, Italy.

A total of 160,677 metric tons of aid, including 144,827 metric tons of food and 15,850 metric tons of medicine, equipment and other supplies, had been flown into Sarajevo during the three-and-a-half-year operation. On 8 October 1993, it had surpassed in duration the Berlin airlift of 1948-1949, UNHCR reported.

Throughout many months of war, the airlift provided more than 85 per cent of all aid reaching the Bosnian capital. It had been Sarajevo's lifeline and a "constant reminder to the hundreds of thousands of brave residents of the city that they were not forgotten", High Commissioner for Refugees Sadako Ogata declared on 5 January in Geneva. "Without a doubt, the airlift saved tens of thousands of people and kept the city alive through three winters of war", she added.

"When UNHCR began this airlift in July 1992, we never dreamed it would have to go on as long as it did", Mrs. Ogata stated. "we have looked forward to the end of the airlift for a long, long time. Every day of war and siege and suffering meant another day of flying. Now that it is finally over, I want to again pay tribute to those who died in this truly noble international effort to keep a brave city alive, and to honour the thousands of people from many countries and organizations who made it a success", she said.

Of some 20 nations that had participated in the airlift since it began, five countries had flown regularly, UNHCR announced and those were: the United States (4,597), France (2,133), the United Kingdom (1,902), Canada (1,860 flights), and Germany (1,279). Italy had also been a crucial participant, providing planes and facilities at Ancona. Among other countries participating were: Norway, Sweden, Algeria, Belgium, Jordan, Saudi Arabia, Tunisia, the Netherlands, Germany, Greece, Poland, Portugal, Spain, Denmark, Turkey and Kuwait.

In addition, a number of organizations--most notably, Medecins sans Frontiers, Medecins du Monde, the ICRC, the United Kingdom Overseas Development Administration, the Federation of Red Cross/Red Crescent Societies, and the Soros Foundation--had taken part in the effort.

According to UNHCR, there had been more than 270 security incidents involving the airlift, with the worst single one being the downing of an Italian Air Force f-222 cargo plane on 3 September 1992, killing all four crewmen on board. A subsequent Italian Government investigation had determined that the plane had been struck by a surface-to-air missile fired by an unknown source about 17 miles from Sarajevo.

Altogether, UNHCR had delivered over 1.1 million tons of humanitarian assistance to more than 3.5 million people in the former Yugoslavia since 1991, with about 80 per cent going to Bosnia, where the Agency had 2.7 million beneficiaries under its care. Most of the aid was carried by convoy, but UNHCR also used the Sarajevo airlift and airdrops-more than 20,000 metric tons, overall--to besieged communities like Gorazde and Bihac.

The Agency continued its humanitarian aid programme in the former Yugoslavia and, in accordance with the Peace Agreement, would be responsible for the return of some 2 million refugees and displaced persons to Bosnia.

Tensions near Bihac

Tensions were rising near the Bihac area, as three buses of Muslims, who intended to visit the grave-sites of their relatives, had been stopped by a crowd of 100 Bosnian Serbs armed with sticks and stones, UN Spokesman Sylvanna Foa announced on 29 April.

To defuse the situation, IFOR had intervened and cautioned the passengers in the buses to "avoid their visit" and, with IPTF, "discouraged muslim refugees from entering Bosnian Serb territories in order to avoid problems", she said. Ms. Foa also announced that an IPTF patrol had confirmed the existence of a mass grave in Kulen Vakuf, near Bihac.

Consolidated appeal

A consolidated inter-agency appeal for $823 million to assist refugees, internally displaced persons and other war-affected people to rebuild their lives following years of conflict, which had devastated communities in Bosnia and Herzegovina and the neighbouring republics, was launched by 11 UN agencies on 1 March.

The revised appeal--the first since the signing of the Dayton Peace Agreement and the first to include repatriation--addressed the most pressing needs for 1996 in Bosnia, Croatia, the FRY (Serbia and Montenegro), the FYROM and Slovenia.

The humanitarian assistance programme is part of the UN's contribution to the implementation of the peace process in the region, as well as a crucial component in the international community's efforts to help more than 3 million people "replace the despair of war with the hope of a lasting peace", according to the UN Department of Humanitarian Affairs (DHA).

Of the total amount called for, $181 million had been available as of 31 January, leaving a shortfall of $642 million, the DHA reported.

In a foreword to the appeal, High Commissioner Ogata and DHA's Under-Secretary-General Akashi noted that various military and civilian components of the Dayton plan "must continue to work in harmony", because each element was crucial to overall success. "Success in one area will undoubtedly facilitate progress in other areas", they stressed.

Under the Dayton Agreement, UNHCR was responsible for the return of some 2 million refugees and displaced persons in Bosnia and Herzegovina. Many of them would be returning to "villages lacking adequate infrastructure, shelter and employment opportunities, making it necessary to continue some relief assistance during the settling-in and reconstruction period", the Agency announced.