Peace agreements bring a 'long-delayed birth of hope': multinational force set up in Bosnia to replace UNPROFOR.

"This is a time of hope", Secretary-General Boutros Boutros-Ghali declared on 13 December. The General Framework Agreement for Peace in Bosnia and Herzegovina, signed on 14 December in Paris by the Presidents of Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), as well as the 12 November Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium--mostly Serb-populated areas in Croatia--offered "real hope of bringing to an end the tragic conflict" in the former Yugoslavia, he stated.

The accords, "brilliantly constructed" in Dayton, Ohio, in the course of the United States-led Balkan peace talks (1-21 November)--on the foundations laid by many peacemakers, especially the Secretary-General's Personal Envoy, Cyrus Vance, and Steering Committee Co-Chairmen Thorvald Stoltenberg and Lord Owen--came after "more than three hard years" of UN and international community's involvement in the former Yugoslavia, the Secretary-General observed.

Provided the parties allowed their implementation, those agreements would "end the terrible suffering" inflicted on the people of both Bosnia and Croatia, and remove a "major source of instability in Europe". However, failure to implement one would threaten the implementation of the other, he warned.

On 21 November, in welcoming the accords, the Secretary-General stated that they "give us hope that peace can now become a reality in the war-torn lands of the former Yugoslavia". As he thanked United States President William J. Clinton for his peace initiative, which had "brought the contending parties to the negotiating table", Mr. Boutros-Ghali pledged that the UN "will do all it can, within mandates authorized by the Security Council, to help end the suffering and to return life to normal".

On 11 October, he had expressed deep satisfaction that the 5 October cease-fire agreement was to come into effect at 0001 hours on 12 October "throughout the Republic of Bosnia and Herzegovina, following the signing by both the Bosnian parties of written declarations to that effect today". Mr. Boutros-Ghali also urged the parties to scrupulously respect the cease-fire and to seize that opportunity to "advance decisively towards a peace settlement".

On 23 November, he reported (S/1995/987) that since the cease-fire's entry into force, the situation in Bosnia had improved significantly.

To help ensure compliance with the Bosnian Peace Agreement, deployment of a 60,000-personnel multinational military Implementation Force (IFOR) was authorized by the Security Council on 15 December. Carl Bildt of the European Union was named High Representative, as the "final authority in theatre" regarding the civilian implementation of the Peace Agreement.

On 20 December, IFOR took over from the UN Protection Force (UNPROFOR)--originally established by resolution 743 (1992) of 21 February 1992--whose mandate was thus terminated. On 21 December, a UN civilian police force in Bosnia and Herzegovina and a UN civilian office were set up.

Council and Assembly actions

Throughout October, November and December, the Security Council continued to keep the situation in the former Yugoslavia under constant review. During that period, it met formally on 13 occasions to consider the subject, adopting 10 resolutions and issuing 4 presidential statements.

The General Assembly, at its fiftieth session, adopted a number of resolutions relating to the former Yugoslavia, namely: on the human rights situation in Bosnia, Croatia and the Federal Republic of Yugoslavia (FRY) (50/193); violations of human rights in Kosovo--a mostly Albanian-populated region in the FRY--(50/190); and rape and abuse of women in the former Yugoslavia (50/192).

From 1 October through 16 December, or until the IFOR was established, some 582 violations of the ban on military flights, imposed under Council resolution 816 (1993), were reported--677 less than in the previous three months. That brought to 7,552 the total number of apparent violations since monitoring began in November 1992 under resolution 781 (1992).

With regard to Croatia, the Secretary-General on 13 December recommended the establishment of a "well-armed division-seized force" to maintain peace and security and ensure demilitarization of Eastern Slavonia, Baranja and Western Sirmium.

The Council on 22 November, by adopting resolutions 1021 (1995) and 1022 (1995), lifted the embargo on deliveries of weapons and military equipment to the territory of the former Yugoslavia, imposed by resolution 713 (1991) of 25 September 1991, and indefinitely suspended the economic sanctions against the FRY (Serbia and Montenegro).

Recognition for Special Representative Akashi

On 30 October, Under-Secretary-General for Peace-Keeping Operations Kofi Annan was named temporarily as the Secretary-General's Special Representative to the Former Yugoslavia and, in that context, to the North Atlantic Treaty Organization (NATO). Former Special Representative Yasushi Akashi who, according to Mr. Boutros-Ghali, "deserves the sincere thanks and grateful recognition of the international community", was to return to New York as the Secretary-General's Special Adviser.

Flag of FYROM raised at UN Headquarters

On 21 October, the flag of the former Yugoslav Republic of Macedonia (FYROM), a UN member since April 1993, was hoisted at UN Headquarters. In hailing the event, Secretary-General Boutros-Ghali said the 13 September Interim Accord between the FYROM and Greece, negotiated under UN auspices, represented an "important step towards the peaceful resolution of all outstanding issues in the region". The raising of the flag reflected that "improved understanding" and symbolized "friendship in the region and within the international community," he stressed.

On 15 December, representatives of Greece and the FYROM met with Mr. Vance to discuss various aspects related to the further implementation of the Interim Accord. The meeting was reported to have taken place in a "cordial and businesslike atmosphere and lasted for several hours".

Secretary-General praises UNPROFOR

In strongly disputing the allegation that the UN involvement in the former Yugoslavia had "not been a success", Secretary-General Boutros-Ghali on 13 December stated (S/1995/1031) that its original and primary mission--to protect humanitarian activities--had been successfully carried out.

In particular, UNPROFOR deserved credit for its "successes in negotiating and helping to implement cease-fires and other military arrangements, often of a local nature, without which many people alive today would be dead and material destruction would have been even greater", he stressed.

The price for the UN had, however, been high, since "too many United Nations personnel had been killed or suffered crippling injuries", the Secretary-General noted. The Yugoslav conflicts had dominated the Organization's peace and security agenda and "distorted its peacemaking and peace-keeping efforts at the expense of other parts of the world". In August 1995, for example, the former Yugoslavia had accounted for nearly 70 per cent of peace-keepers worldwide and over two thirds of peace-keeping costs, Mr. Boutros-Ghali added.

On the other hand, the UN and its Member States, he noted, had "learned many lessons" in Bosnia, whose "benefit will become apparent in our future peacemaking and peace-keeping endeavours".

In paying tribute, "not in a routine way but in heartfelt recognition of dedicated service and sacrifice", to all those men and women who had contributed to the "long-delayed birth of hope" in the former Yugoslavia and who had "risked, and too often given, their lives in the largest peace-keeping operation ever deployed" by the UN, Mr. Boutros-Ghali declared: "History will confirm that what they ... achieved is far greater than they receive credit for in some quarters today."

Peace signed in Paris

In a historic breakthrough, the Presidents of the three Balkan States--Alija Izetbegovic of Bosnia and Herzegovina, Franjo Tudjman of Croatia and Slobodan Milosevic of the FRY (Serbia and Montenegro)--formally signed the General Framework Agreement for Peace in Bosnia and Herzegovina on 14 December in Paris.

Standing behind them at the Elysee Palace were the leaders of the Contact Group nations--President Clinton of the United States, President Jacques Chirac of France, Chancellor Helmut Kohl of Germany, Prime Minister John Major of the United Kingdom and Prime Minister Viktor S. Chernomyrdin of the Russian Federation.

"The signing ceremony, which has brought us together here in Paris, crowns the efforts of all those who have been working for peace in Bosnia", Secretary-General Boutros-Ghali declared.

Since the conclusive negotiations conducted in Dayton, Ohio and the subsequent London Conference held on 8 and 9 December, "all the interested parties have demonstrated the extent to which the road to peace requires patience and tenacity, open-mindedness and determination", he went on. "We can therefore be filled with hope at the thought that, from now on, the citizens of Bosnia and Herzegovina, a Member State of the United Nations, will at last be able to live in peace and, I hope, in dialogue", the Secretary-General stressed.

However, the results achieved would, "no doubt, not have been possible" without all those men and women who, for more than three years, had "devoted themselves, and sometimes sacrificed their lives", in the service of the UN. "The Blue Helmets, along with all the States that contributed troops and materiel to this difficult mission, deserve the recognition of the international community", he stated.

"From peace-keeping to humanitarian action, through many often unprecedented and perilous missions, the soldiers of the United Nations have given diplomats the time they needed to complete their work", Mr. Boutros-Ghali said. It was a "tribute to the greatness of the United Nations that it carries out the most thankless tasks for the international community".

In declaring the UN's willingness to "do everything to assist all parties concerned" to implement the Peace Agreement, the Secretary-General observed that the Organization was "first and foremost the mirror of the will of the international community". It "can do nothing if it does not receive the resources needed to fulfil its mission".

The European Council on 16 December, in welcoming the Bosnian Peace Agreement as an "extremely important step forward, not only for the peoples in the former Yugoslavia but also for the international community as a whole", stated (A/50/833-S/1995/1048) that the Yugoslav conflict remained the "most difficult test for the transition from a divided Europe to a new Europe based on shared values of democracy, tolerance and respect for human rights".

While noting the "historic importance of the successes achieved in recent weeks", the European Council was "fully aware of the magnitude of the task still to be carried out". It was "not the time to relax our efforts"; on the contrary, it was necessary to show perseverance and courage, it stressed.

Peace Agreement

In signing the Bosnian Peace Agreement, the three Balkan States undertook a broad commitment to: conduct their relations in accordance with the UN Charter, as well as with the 1975 Helsinki Final Act and other documents of the Organization for Security and Cooperation in Europe; fully respect the "sovereign equality of one another"; settle disputes by peaceful means; and "refrain from any action, by threat or use of force or otherwise, against the territorial integrity or political independence of Bosnia and Herzegovina or any other State".

In an important breakthrough, the FRY and Bosnia recognized each other as "sovereign independent States within their international borders".

The FRY also signed on behalf of the Republika Srpska, or the Bosnian Serbs, those parts of the accord that concerned them, with the obligation to strictly implement it.

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The 11-article agreement, with 11 annexes (A/50/790-S/1995/999), covered: military aspects of the peace settlement; regional stabilization measures; delineation of an Inter-Entity Boundary Line between the Federation of Bosnia and Herzegovina and the Republika Srpska, as well as related issues; holding of democratic elections; Constitution; arbitration; human rights; assistance to refugees and displaced persons; establishment of a Commission to Preserve National Monuments; a Commission on Public Corporations; civilian implementation of the peace settlement; and an International Police Task Force.

The parties agreed, among other things, to: a cessation of hostilities, which had begun with their 5 October accord; withdrawal of forces "not of local origin" from Bosnia; phased redeployment of forces around Sarajevo, Gorazde and other locations; withdrawal of UNPROFOR and deployment of IFOR; establishment of a Joint Military Commission; and prisoner exchanges.

Full cooperation with "all entities involved in implementation of this peace settlement", including the International Criminal Tribunal for the Former Yugoslavia, was pledged. The parties also agreed that all final decisions concerning military aspects of the implementation "shall be made by the IFOR Commander".

With regard to civilian issues, a wide range of activities was foreseen. Those included: continuation of the humanitarian aid effort for as long as necessary; rehabilitation of infrastructure and economic reconstruction; establishment of political and constitutional institutions; promotion of respect for human rights and the return of displaced persons and refugees; and holding of free and fair elections.

To facilitate their own efforts to those ends, the parties requested the designation of a High Representative, who was to mobilize and coordinate all civilian activities and be the final authority regarding the civilian implementation of the peace settlement.

Also detailed in the Agreement were arrangements for civilian law enforcement, which included a request by the parties that the Security Council establish a UN International Police Task Force (IPTF), which would monitor law enforcement activities and facilities, advise and train law enforcement personnel, and respond to requests for assistance.

London Conference

A Peace Implementation Conference was held on 8 and 9 December in London, in order to mobilize the international community behind what the event's participants called a "new start for the people of Bosnia and Herzegovina".

In hailing the Bosnian Peace Agreement, the delegates stated that it would mark a "further important stage" in bringing about recognition between the States in the region and "initiate promotion of good neighbourly relations between them".

Among other things, the Conference agreed (S/1995/1029) that peace in Bosnia should result in: the creation of a climate of stability and security, and the achievement of a durable and lasting political settlement; establishment of new political and constitutional arrangements that would bring the country together "within a framework of democracy and the rule of law"; protection and promotion of human rights and the early return of refugees and displaced persons; establishment of an open, free market economy; a "kick start to economic reconstruction"; normalization of Bosnia's relations with its neighbours, the region and the rest of the world community; creation of a "direct and dynamic contractual relationship" between Bosnia and the European Union "within the framework of a regional approach"; successful implementation of the Basic Agreement on Eastern Slavonia, Baranja and Western Sirmium; and "important economic opportunities" for countries neighbouring the former Yugoslavia.

Also, a Peace Implementation Council (PIC), composed of all States, international organizations and agencies attending the London Conference, was set up to "subsume the International Conference on the Former Yugoslavia", whose objectives had been met with the Peace Agreement.

Secretary-General Boutros-Ghali, in addressing the Conference on 8 December, recalled that in 1992 "we met here in London to unite the peacemaking efforts" of the European Union with those of the UN. In July 1995, "we met here at a turning point in our efforts to end the fighting. Today we are meeting to finalize the means to ensure a lasting peace for the peoples affected by this war", he stated. "Let us hope that this is the last time we must meet to consider the terrible tragedy of Bosnia and Herzegovina", he stressed.

Resolution 1031: IFOR established; transfer of authority from UNPROFOR

The Security Council on 15 December, in determining that the situation in the former Yugoslavia continued to constitute a "threat to international peace and security" and that the "unique, extraordinary and complex character" of the situation in Bosnia required an "exceptional response", authorized Member States to establish a multinational military Implementation Force (IFOR), under unified command and control, to ensure compliance with the 14 December Bosnian Peace Agreement.

By unanimously adopting resolution 1031 (1995), the Council also stressed that the parties to the Agreement "shall be held equally responsible" for such compliance, and "equally subject to such enforcement action by IFOR as may be necessary" to ensure the accord's implementation and the IFOR protection.

In demanding that they respect the security and freedom of movement of IFOR--to be composed of ground, air and maritime units from NATO and non-NATO nations--and of other international personnel, the Council recognized the Force's right to take "all necessary measures to defend itself from attack or threat of attack".

As for UNPROFOR, its mandate was to be terminated on the date on which the Secretary-General reported the transfer of authority to IFOR, the Council ruled. Nevertheless, the civilian police, demining, civil affairs and other personnel that might be required were to remain in the area.

The Council expressed its "warmest appreciation to all UNPROFOR personnel" who had served the cause of peace and paid tribute to those who had given their lives or suffered serious injuries in that service.

In stressing the "need for early action in Sarajevo to create confidence between the communities", the Council asked the Secretary-General to ensure the early redeployment of elements of UN civilian police from Croatia to Sarajevo.

On 20 December, the Secretary-General informed (S/1995/1050) the Council that the transfer of authority from UNPROFOR to IFOR had taken place in Sarajevo "today at 11 a.m. local time". It meant that the "authority to take measures conferred upon States" by relevant Council resolutions related to, among other things, humanitarian deliveries to Sarajevo and other parts of Bosnia, the use of force to protect those convoys and UNPROFOR, and a ban on military flights in Bosnian air space, "shall be terminated", as well as the provisions of resolution 824 (1993) and subsequent resolutions regarding safe areas, the Secretary-General said.

Cooperative effort needed

On 13 December, in hailing the Member States' decision that the "vast task of helping to implement the Peace Agreement" in Bosnia should not be entrusted to the UN alone, Mr. Boutros-Ghali stressed that "only a cooperative effort between many international organizations and Member States can generate the skills and resources and, above all, the political will required to end the fighting and start building the peace".

UN contribution to that common effort could be, among others, in the humanitarian relief and return of refugees, where the Office of the UN High Commissioner for Refugees (UNHCR) was "well placed to continue and develop the work it has been doing from the outset", and in civilian police, where the parties had asked the UN to "deploy a UN civilian police force greater than any previously seen", he reported (S/1995/1031).

"I am confident that the United Nations has the ability to perform the tasks assigned to it, provided that the parties cooperate and provided that Member States make available the resources that will be necessary", the Secretary-General stressed.

Resolution 1035: UN police force set up

A UN civilian police force in Bosnia and Herzegovina--named the International Police Task Force (IPTF)--and a UN civilian office were established by the Security Council on 21 December.

By unanimously adopting resolution 1035 (1995), the Council also decided that both IPTF and the civilian office would be operative for a period of one year from the transfer of authority to IFOR, as called for in the Bosnian Peace Agreement.

Also, noting with satisfaction that both establishments would be "under the authority of the Secretary-General and subject to coordination and guidance as appropriate by the High Representative", the Council welcomed the Secretary-General's intention to appoint a UN Coordinator.

KEY EVENTS

Bosnian cease-fire

The 5 October agreement by the Bosnian parties to a cease-fire, including by terminating all hostile military activities throughout Bosnia as of 10 October, "provided that full gas and electrical utility service is restored to Sarajevo", was welcomed by the Security Council on 6 October.

In a statement by Council President Ibrahim Gambari of Nigeria, it welcomed "all efforts to restore such service" and called upon the parties to fully cooperate with such efforts and comply with all cease-fire provisions "once they come into effect".

The Council strongly urged the parties to negotiate in good faith on the basis of the 8 September Geneva Declarations of Principles and the 26 September Further Agreed Principles. In addition, the Council welcomed the 3 October agreement by Croatia and the local Croatian Serb authorities in eastern Slavonia to Guiding Basic Principles for Negotiations.

On 12 October, in welcoming the entry into force of the Bosnian cease-fire agreements, the Council expressed gratitude to all those who had negotiated the accord, to UNPROFOR and "others who, often at risk to their own lives, have made possible, with the cooperation of all the parties, the restoration of gas and electricity supplies to the inhabitants of Sarajevo, enabling them to live in more decent conditions".

The Council was particularly concerned about new reports related to the movements of the displaced population in the areas of Sanski Most and Mrkonjic Grad, and acts of ethnic cleansing committed in the Banja Luka and Prijedor areas, especially that non-Serb men and boys of draft age were being "taken away by Bosnian Serb and other paramilitary forces".

In urging their immediate release, the Council also demanded that the Bosnian Serb party grant immediate and unimpeded access for UN and the International Committee of the Red Cross (ICRC) personnel to all areas of concern to "visit and register any persons detained against their will".

Resolutions 1025, 1026, 1027: UNCRO, UNPROFOR, UNPREDEP 

On 30 November, the Security Council unanimously acted on the status of what the Secretary-General called the "three separate, but inter-linked" UN peace-keeping missions in the former Yugoslavia.

By resolution 1025 (1995), it decided to terminate the mandate of the UN Confidence Restoration Operation in Croatia (UNCRO) "after an interim period ending on 15 January 1996 or when the Council has decided on the deployment, including on the necessary period for the transfer of authority, of the transitional peace-keeping force ... whichever is sooner".

In adopting another text--resolution 1026 (1995)--the Council extended the UNPROFOR mandate for a two-month period, until 31 January, pending its further action with regard to the implementation of the Bosnian Peace Agreement.

Finally, by resolution 1027 (1995), the UN Preventive Deployment Force (UNPREDEP) in the FYROM was extended for a six-month period, until 30 May. In taking that action, the Council, while welcoming UNPREDEP's positive role and paying tribute to its personnel in the performance of their mandate, also recalled its "concern about possible developments which could undermine confidence and stability" in the FYROM or threaten its territory.

Resolution 1023: Eastern Slavonia

The Security Council on 22 November, in welcoming the Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium between Croatia and the local Serbs, declared its readiness to expeditiously consider the parties' request contained therein to establish a Transitional Administration and authorize an appropriate international force "to facilitate the implementation of the Agreement".

By unanimously adopting resolution 1023 (1995), the Council also invited the Secretary-General to maintain the "closest possible contact with all those concerned in order to assist with its work on the matter".

The need for Croatia and the local Serb party to cooperate fully on the basis of the Agreement and "refrain from any military activity or any measure that might hinder the implementation of the transitional arrangements" was stressed, as the Council reminded both sides of their obligation to cooperate fully with UNCRO and ensure its safety and freedom of movement. It also emphasized that the areas in question, formerly known as Sector East, were "integral parts of the Republic of Croatia".

Some other provisions of the Basic Agreement (A/50/757-S/1995/951), signed on 12 November in Zagreb, dealt with: the region's demilitarization; return of refugees and displaced persons to their homes of origin, including a "just compensation for property that cannot be restored to them"; re-establishment of the normal functioning of all public services; assistance from the Transitional Administration in establishing and training of temporary police forces, and building of "professionalism among the police and confidence among all ethnic communities"; and respect for the "highest levels of internationally recognized human rights and fundamental freedoms", including the creation of a commission to monitor the accord's implementation, "particularly its human rights and civil rights provisions".

No later than 30 days before the end of the transitional period, "elections for all local government bodies, including for municipalities, districts and counties, as well as the right of the Serbian community to appoint a joint council of municipalities, shall be organized by the Transitional Administration". International organizations and interested States were asked to oversee those elections.

A `robust military presence'

A mechanized division of two brigades, with combat capability, air support and a strong mobile, armoured reserve, would be required for the international force, envisaged by the Basic Agreement on Sector East, to maintain peace and security and ensure demilitarization in the area, Secretary-General Boutros-Ghali reported (S/1995/1028 * ) on 13 December. "Anything less than a well-armed division-sized force would only risk repeating the failures of the recent past", he stressed.

A "robust military presence", sufficiently credible to deter attack from any side and capable of defending itself, was also needed to reassure the inhabitants of the region that, after demilitarization, they would not be exposed to military attack.

The concept of "deterrence by mere presence", as attempted in the safe areas in Bosnia and Herzegovina, would be "no likelier to succeed on this occasion", the Secretary-General warned. Also, in case of a "mismatch between the international force's mandate and its resources", there would be a "risk of failure, of international casualties and of undermined credibility for those who had put the force in the field", he stated.

The operation would not succeed, he went on, "unless two conditions are fulfilled": active and sustained political support of the Security Council, particularly of those States that had played a vital role in concluding the Basic Agreement; and the immediate provision by Member States of the necessary troops and financial resources.

In view of UNCRO's strength--two battalions totalling some 1,600 all ranks, 48 UN military observers, 16 civilian police, 20 UN civilian staff and fewer than 20 personnel of the UN agencies--the Secretary-General had reservations about the UN's present ability to "undertake an enforcement operation of this nature".

Other aggravating factors were the "imprecise nature of the agreement" and the "risk of differing interpretations of some of its provisions" by the parties. All that made it "unwise to assume that compliance will be readily forthcoming", he observed.

An `international force'

The Security Council on 21 December agreed (S/1995/1053) with the Secretary-General that the Basic Agreement between the Croatian Government and the local Serbs merited "full international support for its effective and timely implementation."

It also reaffirmed its readiness to consider the option that both a transitional administration and an international force, envisaged by the accord, be components of a UN operation.

In sharing the view that implementation would be complex and difficult, Council members recognized the danger that the two sides might have "different interpretations" of some of its provisions. Therefore, they welcomed the Secretary-General's decision to send an envoy to the region "as soon as is convenient" to discuss with Croatia and the local Serbs various aspects of the accord's implementation and the establishment of a UN operation.

Resolution 1021: Arms embargo terminated

On 22 November, the Security Council acted to end the embargo on deliveries of weapons and military equipment to the territory of the former Yugoslavia, imposed under resolution 713 (1991).

In adopting resolution 1021 (1995) by a vote of 14 to none, with 1 abstention (Russian Federation), the Council also decided that the lifting of the embargo would commence from the day the Secretary-General reported that Bosnia, Croatia and the FRY (Serbia and Montenegro) "have formally signed the Peace Agreement" initialled in Dayton, Ohio.

It further specified that: during the first 90 days following the submission of such a report, the embargo would remain in place; during the second 90 days, all provisions of the arms embargo were to be terminated, except that the delivery of heavy weapons and ammunition, mines, military aircraft and helicopters "shall continue to be prohibited" until an arms control agreement had taken effect; after the 180th day and after the submission of a report on the implementation of the Agreement on Regional Stabilization, "all provisions of the arms embargo shall terminate unless the Council decides otherwise".

Explaining its abstention, the Russian Federation said the resolution ran "counter to the spirit of today's debate", which emphasized the "need for the fostering of peace and stability".

Resolution 1022: Indefinite suspension of sanctions

Also on 22 November, the Security Council suspended "indefinitely with immediate effect" sanctions against the FRY, imposed or reaffirmed by its relevant resolutions.

In unanimously adopting resolution 1022 (1995), the Council also decided that the above suspension "shall not apply to the measures imposed on the Bosnian Serb party", until the Secretary-General reported to the Council that "all Bosnian Serb forces have withdrawn behind the zones of separation" established under the Peace Agreement. Moreover, if the FRY or the Bosnian Serbs failed to meet their obligations under the Agreement, the suspension was to terminate on the fifth day after the receipt of such a report.

The Council specified that the sanctions would end "on the tenth day following the occurrence of the first free and fair elections" in Bosnia, provided for in the Peace Agreement.

Also, all funds and assets frozen or impounded under the sanctions regime were to be released in accordance with applicable law, the Council ruled. The suspension or termination of obligations pursuant to resolution 1022 was "without prejudice to claims" of successor States to the former Yugoslavia.

In addition, all parties concerned were urged to take "all necessary measures to assist in locating the two French pilots missing in Bosnia, and to ensure their immediate and safe return".

Pilots freed, UN staff member killed

Two French pilots--Captain Frederic Chiffot and Lieutenant Jose Souvignet--who had been shot down by a Bosnian Serb missile during a NATO raid on 30 August, were turned over to French officers on 12 December at a motel in Zvornik, Bosnia and Herzegovina.

After "more than 100 days of waiting in fear", the pilots were free, the Secretary-General stated at Geneva, thanking all those who had contributed to their liberation. "This happy ending shows, once again, the indispensable virtues of diplomacy and dialogue", he added.

Tragic news--the death of William Jefferson, a member of the UN Peace Forces (UNPF) in Tuzla and a UN staff member--was announced on 21 November in New York. According to a UN spokesman, Mr. Jefferson of the United States had been "shot and killed by unknown assailants", and there was "every reason to believe that the motives were criminal and not political".

Sanctions Committee

The Security Council Committee established pursuant to resolution 724 (1991) to monitor the implementation of sanctions against the former Yugoslavia--the Sanctions Committee--on 19 December reaffirmed that since the adoption of resolution 1022, there was "no need to notify" the Committee or seek its authorization for "shipping any items, goods or commodities to or from, or through, the Federal Republic of Yugoslavia, as long as the sanctions against that country remain suspended". However, that was not applicable to shipments involving areas under the control of the Bosnian Serb forces, Committee Chairman Emilio J. Cardenas of Argentina stated.

On 10 November, in view of the "very serious humanitarian situation which has been aggravated by the recent inflow of refugees" to the FRY, the Committee had approved, on an exceptional basis, exports of 186.5 million cubic metres of natural gas per month from the Russian Federation, for an initial period of two months, and 28,500 tons per month of heating oil and 588 tons per month of liquid gas, for a period of six months, provided that both heating oil and liquid gas "will only be delivered via the river Danube".

On 6 October, the Sanctions Committee authorized the "restoration at the Hungarian-Yugoslav border of the natural gas deliveries" to Bosnia, provided that the Office of the Special Coordinator for Sarajevo and UNPROFOR ensured proper monitoring. The deliveries had been suspended on 15 August "until appropriate and lasting agreements on the unhindered supply of gas to all users" were reached.

Closure of border certified

Thorvald Stoltenberg and Carl Bildt--Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia (ICFY)--confirmed on 7 December and 8 November (S/1995/1027 and S/1995/944) that the FRY (Serbia and Montenegro) was "continuing to meet its commitment to close the border" with the areas of Bosnia and Herzegovina under the Bosnian Serb control, and there had been "no commercial transshipments across the border."

The ICFY Mission, deployed since 14 September 1994, had 217 international staff from 15 countries as of 14 December, they reported (S/1996/4) on 30 December. With its 19 posts functioning on a 24-hour basis and undertaking "mobile day and night patrols", the Mission had covered the entire border area, which stretched for some 330 miles, or 527 kilometres, the Co-Chairmen reported.

Also, on 14 December, Tarmo Kauppila of Finland had succeeded Tauno Nieminen, his compatriot, as Mission Coordinator.

Concern over refugees

The Security Council on 22 December, in expressing grave concern that the Croatian Government had ignored its 3 October call to "lift any time-limits placed on the return of refugees to reclaim their property", strongly demanded that it do so immediately.

In a statement by its President, Sergey Lavrov of the Russian Federation, the Council also declared that the requirement that "owners must reclaim their property by 27 December 1995" constituted a "virtually insurmountable obstacle for most Serb refugees".

On 3 October, Croatia had been called upon, among other things, to respect fully the rights of the local Serb population, including their right to "remain or return in safety", and investigate all reports of human rights violations and take appropriate measures to put an end to such acts.

In another presidential statement, the Council expressed its concern at the humanitarian situation "in and around the Republic of Croatia", particularly at the "withdrawal of refugee status from and the consequent ending of assistance" to many Bosnian refugees in Croatia.

HUMAN RIGHTS

Resolutions 1034, 1019: All violations condemned

In condemning all violations of international humanitarian law and human rights in the former Yugoslavia, the Security Council on 21 December demanded that "all concerned comply fully with their obligations in this regard", and reiterated that all those who committed such violations would be held individually responsible.

By unanimously adopting resolution 1034 (1995), the Council also condemned in particular, in the strongest possible terms, violations committed by the Bosnian Serb and paramilitary forces in the areas of Srebrenica, Zepa, Banja Luka and Sanski Most, which showed a "consistent pattern of summary executions, rape, mass expulsions, arbitrary detentions, forced labour and large-scale disappearances". The substantial evidence that an "unknown but large number of men" in the area of Srebrenica had been "summarily executed" by those forces was noted with utmost concern.

The Council demanded that the Bosnian Serb party "give immediate and unimpeded access" to the UNHCR, the ICRC, the Special Rapporteur of the Commission on Human Rights and other international agencies, to those displaced, detained or reported missing, who were within the areas under the Bosnian Serb control, "including for the purpose of investigation of the atrocities".

In condemning the "widespread looting and destruction of houses and other property", particularly by HVO (Croatian Defence Council) forces in the area of Mrkonjic Grad and Sipovo, the Council demanded that "all sides immediately stop such action, investigate them and make sure that those who violated the law be held individually responsible".

It also reiterated its demands that: all parties, particularly the Bosnian Serbs, "refrain from any action intended to destroy, alter, conceal or damage any evidence of violations of international humanitarian law and that they preserve such evidence"; all detention camps throughout the Bosnian territory be immediately closed; all sides "refrain from laying mines, in particular in those areas now under their control, which under the Peace Agreement will be transferred to another party"; and all States, particularly those in the region of the former Yugoslavia, as well as all parties to the conflict, cooperate fully and in good faith with the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia.

By other terms of resolution 1034, the Council: affirmed that the violations of humanitarian law and human rights in Srebrenica, Zepa, Banja Luka and Sanski Most from July to October 1995 must be fully and properly investigated by the relevant UN and other international institutions; noted that the International Criminal Tribunal on 16 November had issued indictments against the Bosnian Serb leaders, Radovan Karadzic and Ratko Mladic, for their "direct and individual responsibilities for the atrocities committed against the Bosnian Muslim population of Srebrenica in July 1995"; and underlined the "urgent necessity" for all the parties to enable the Prosecutor of the International Criminal Tribunal to "gather effectively and swiftly the evidence necessary for the Tribunal to perform its task".

On 9 November, the Council had unanimously adopted resolution 1019 (1995), which also dealt with humanitarian law and human rights violations in the former Yugoslavia. Among other things, the Council was deeply concerned at reports of "mass murder, unlawful detention and forced labour, rape and deportation of civilians" in the areas of Srebrenica, Banja Luka and Sanski Most, as well as of serious violations committed in the former sectors West, North and South in Croatia, "including burning of houses, looting of property, and killings of civilians".

`Looting and burning must stop'

On 7 December, the Security Council demanded an immediate end to looting and burning of houses by the HVO forces in the areas of Mrkonjic Grad and Sipovo, which had "continued for some time", and to similar acts committed by the Bosnian Serb forces in other areas of Bosnia.

In a statement by Council President Lavrov, it also expressed deep concern over reports that the HVO was moving mine laying equipment into Mrkonjic Grad and Sipovo areas.

Croatia: Continued violations

Human rights violations in the former Sectors North and South in Croatia "continue to be reported to the present day, albeit on a reduced scale", Secretary-General Boutros-Ghali lamented on 21 December.

Since there was a "considerable discrepancy" between the numbers of perpetrators brought to justice and of such violations, a "thorough effort" should be made to arrest and bring all perpetrators promptly to trial, he stressed.

In a special report (S/1995/1051) on the human rights situation in Croatia, the Secretary-General noted that, following the Croatian major military offensive in August against the Krajina Serbs, which had forced some 200,000, or more than 90 per cent of the Serb population, to flee, the rights of the Serbs to return to their homes in safety and dignity were being "seriously curtailed by the absence of constructive measures" to facilitate their return.

The humanitarian situation of the Serb population who had remained in the area, mainly elderly and disabled living in small villages deep in the countryside, was particularly disturbing, he said. Many of them had received "inadequate attention, at times with fatal consequences", and it was feared that "many more may die during the winter if adequate assistance is not provided in timely manner", Mr. Boutros-Ghali warned.

Human rights violations against the Croatian Serbs, investigated by UNCRO and UNHCR human rights action teams, included: killing of civilians, with more than 230 "suspicious deaths"; massive burning and looting of property (over 5,000 cases); harassment; and ill-treatment.

Although such acts "constituted crimes under the criminal code of Croatia", that country's initial reaction was to "deny that they had occurred and continued to take place", the Secretary-General noted. However, Croatia had later conceded that it had "yet to establish full control over its territory" and provided data on cases of violations and on the respective action taken, he said.

Human rights officials speak out

Special Rapporteur Elisabeth Rehn: The human rights situation in the former Yugoslavia gave reason for "serious concern", Commission on Human Rights Special Rapporteur Elisabeth Rehn reported (A/50/727-S/1995/933) on 7 November. Without genuine improvements in the situation, "any peace agreement will not have a solid foundation", she stressed. "Effective protection of human rights in the whole region under international supervision should be firmly granted", and the situation of children must be the "first priority of all concerned parties", Ms. Rehn recommended.

Also, in calling upon all Governments and relevant authorities to extend their cooperation to the International Criminal Tribunal for the Former Yugoslavia, the Special Rapporteur declared: "There cannot be impunity for war crimes and crimes against humanity. Without justice there cannot be reconciliation, without reconciliation there cannot be peace."

International Criminal Tribunal President Antonio Cassese: On 31 October, Tribunal President Antonio Cassese had complained about the failure of the Bosnian Serb administration in Pale to serve an indictment, confirmed by the Tribunal on 4 November 1994, and a warrant of arrest on Dragan Nikolic.

"I need hardly note that, for this Tribunal to succeed in its mandate of prosecuting serious violations of international humanitarian law occurring in the former Yugoslavia, all States in the region--including self-proclaimed entities de facto exercising governmental functions--must comply with their legal obligation to cooperate with the Tribunal", Judge Cassese stressed (S/1995/910).

High Commissioner for Human Rights Jose Ayala Lasso: UN High Commissioner for Human Rights Jose Ayala Lasso on 8 November, in expressing his grave concern over the "human tragedy" that had followed the fall of UN safe area of Srebrenica, as well as the "more recent reported incidents" in the Banja Luka area, said he was pursuing efforts to "ensure access of the human rights field staff to Serb-held areas in both regions". That would allow them to "conduct direct investigations in order to clarify the fate of all the persons unaccounted for", he added.

Earlier, in announcing a series of new measures designed to strengthen human rights activities in the former Yugoslavia, Mr. Ayala Lasso had stated that "gross and massive violations have characterized and indeed fuelled the conflict". In a meeting of the UNHCR Executive Committee on 18 October at Geneva, he declared: "I consider it essential that human rights constitute a pillar of the reconstruction effort and become a building block of the foundations of the new societies that will emerge from the conflict."

RECONSTRUCTION

Humanitarian appeal

Some $208 million were needed to fund humanitarian assistance to 3.3 million beneficiaries in the former Yugoslavia from January to April 1996, the UN announced on 20 November.

The total number of new asylum seekers and displaced persons in the region in 1995 alone had "risen to half a million", according to Under-Secretary-General for Humanitarian Affairs Peter Hansen and High Commissioner for Refugees Sadako Ogata, who launched the appeal on behalf of nine UN bodies--UNHCR, World Food Programme (WFP), UN Children's Fund (UNICEF), World Health Organization (WHO), Food and Agriculture Organization of the UN (FAO), UN Development Programme (UNDP), and UN Educational, Scientific and Cultural Organization (UNESCO).

War damage

Croatia had faced "severe direct and indirect war damage" which, according to its Government, totalled some $22 billion, Secretary-General Boutros-Ghali reported (A/50/812) on 11 December. All that, including the recent military actions initiated by its Government, had had serious consequences--"embracing physical, material, environmental and human damages"--with "significant shifts of population", and created a number of economic challenges.

According to a UN Technical Fact-finding Mission--established pursuant to General Assembly resolution 49/21 G of 20 December 1994--which had visited Croatia from 22 October to 5 November 1995, those included: shortage of skilled labour and the need for a "significant investment into human resource development" to facilitate transition to a market economy; resettlement of more than 400,000 refugees and displaced persons that would promote the "re-establishment of an adequate workforce for tourism, agricultural production and industry"; restoration of major infrastructure systems, such as power, water resources, rail, road and electrical supply, water and sanitation; a "vigorous programme of demining", since there were approximately 2 million to 4 million mines; improvements in production technology to reach a "competitive level to permit trade with Europe and elsewhere"; and strengthening and privatization of the banking sector.

Prior to 1991, tourism had been the "single most important service sector", representing approximately 25 percent of Croatia's gross domestic product, the report said. As a result of the military conflict, a "loss of 300 million tourist/nights" had been sustained between 1991 and 1995, and that decline had been "exacerbated by war damage, affecting some hotels and making tourist apartments unavailable".

Also, the damage to cultural monuments in Croatia, which had a "rich cultural heritage" encompassing Roman, Medieval, Renaissance and Baroque architecture, had been estimated at $300 million, the UN Technical Mission reported. However, their value was "priceless and their symbolic importance to both Croats and Serbs cannot be underestimated", it stressed.