United Nations

A/RES/50/193


General Assembly

Distr. GENERAL  

11 March 1996

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 112 (c)


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

            [on the report of the Third Committee (A/50/635/Add.3)]


            50/193.     Situation of human rights in the
                        Republic of Bosnia and Herzegovina,
                        the Republic of Croatia and the
                        Federal Republic of Yugoslavia (Serbia
                        and Montenegro)

      The General Assembly,

      Guided by the purposes and principles of the Charter of the
United Nations, the Universal Declaration of Human Rights,  1/ the
International Covenants on Human Rights,  2/ the International
Convention on the Elimination of All Forms of Racial
Discrimination,  3/ the Convention on the Rights of the
Child,  4/ the Convention on the Prevention and Punishment of the
Crime of Genocide,  5/ the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment,  6/ the
Convention on the Elimination of All Forms of Discrimination against
Women  7/ and other instruments of international humanitarian law,
including the Geneva Conventions of 12 August 1949  8/ for the
protection of victims of war and the Additional Protocols thereto, of
1977,  9/ as well as the principles and commitments undertaken by
States members of the Organization for Security and Cooperation in
Europe,

      Reaffirming that all Member States have an obligation to promote
and protect human rights and fundamental freedoms and to fulfil the
obligations they have under the human rights instruments to which they
are party, and reaffirming also the obligation of all to respect
international humanitarian law,

      Welcoming the General Framework Agreement for Peace in Bosnia and
Herzegovina  10/ initialled by the Republic of Bosnia and
Herzegovina, the Republic of Croatia and the Federal Republic of
Yugoslavia (Serbia and Montenegro), representing also the Bosnian Serb
party, at Dayton, Ohio, on 21 November 1995 which commits the parties
to the conflict to ending the war and starting to build peace with
justice; enables Bosnia and Herzegovina to continue its legal
existence as a single State within its internationally recognized
borders with full respect for its sovereignty, territorial integrity
and political independence by its neighbours; and commits the parties
in Bosnia and Herzegovina to respect fully human rights,

      Welcoming also the basic agreement on the region of Eastern
Slavonia, Baranja and Western Sirmium,  11/ signed on
12 November 1995 by the Government of the Republic of Croatia and the
local Serb representatives,

      None the less gravely concerned at the human tragedy that has
occurred in the territories of the Republic of Bosnia and Herzegovina,
the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia
and Montenegro) and at the massive and systematic violations of human
rights and international humanitarian law,

      Recalling its resolution 49/196 of 23 December 1994, Commission
on Human  Rights resolution 1995/89 of 8 March 1995  12/ and all
relevant resolutions of the Security Council,

      Recalling specifically the Security Council resolutions in which
the Council demanded, inter alia, that all parties and others
concerned in the former Yugoslavia immediately cease and desist from
all breaches of international humanitarian law, requested the
Secretary-General to establish a commission of experts to examine and
analyse information relating to serious violations of such law being
committed in the territory of the former Yugoslavia, established an
international tribunal for the prosecution of persons responsible for
such violations and condemned in particular the unacceptable practice
of ethnic cleansing perpetrated in areas of the Republic of Bosnia and
Herzegovina under the control of Bosnian Serb forces,

      Recalling also additional Security Council resolutions, in
particular resolutions 824 (1993) of 6 May 1993 and 836 (1993) of 4
June 1993, in which the Council declared that Sarajevo, Tuzla, žepa,
Goražde, Bihaž, Srebrenica and their surroundings should be treated as
safe areas, that international humanitarian agencies should be given
free and unimpeded access to those areas and that there should be
freedom of movement for the civilian population and humanitarian goods
to, from and within the areas,

      Recalling further Security Council resolution 1019 (1995) of 9
November 1995, in which the Council demanded that the Bosnian Serb
party give immediate and unimpeded access to representatives of the
United Nations High Commissioner for Refugees, the International
Committee of the Red Cross and other international agencies to persons
displaced and to persons detained or reported missing from Srebrenica,
žepa and the regions of Banja Luka and Sanski Most,

      Gravely concerned at attacks and capture by the Bosnian Serbs and
Croatian Serb forces of safe areas, in violation of the relevant
Security Council resolutions,

      Recalling Security Council resolution 1009 (1995) of
10 August 1995, in which the Council demanded that the Government of
the Republic of Croatia respect fully the rights of the local Serb
population, including their rights to remain, leave or return in
safety, allow access to this population by international humanitarian
organizations and create conditions conducive to the return of those
persons who have left their homes,

      Noting with appreciation the efforts of the United Nations Peace
Forces to help to create the conditions for the peaceful settlement of
the conflicts in the Republic of Bosnia and Herzegovina and the
Republic of Croatia and to provide protection for the delivery of
humanitarian aid and the protection of human rights, and also noting
the obstacles faced by those forces in the performance of their
mandates,

      Acknowledging the progress made by the Bosnian Federation as a
model for ethnic reconciliation in the region,

      Encouraging the international community, acting through the
United Nations and other international organizations as well as
bilaterally, to enhance significantly humanitarian support for the
people of the region and to promote human rights, economic
reconstruction, the repatriation of refugees and the holding of free
elections in the Republic of Bosnia and Herzegovina,

      Welcoming the efforts of the European Union to promote respect
for human rights and fundamental freedoms, and endorsing the
recommendation of the Special Rapporteur of the Commission on Human
Rights on the situation of human rights in the territory of the former
Yugoslavia that economic and other aid must be made conditional upon
meaningful progress in human rights,

      Gravely concerned at the human rights violations in the Republic
of Bosnia and Herzegovina, the Republic of Croatia and the Federal
Republic of Yugoslavia (Serbia and Montenegro), in particular at those
committed in the context of the odious practice of ethnic cleansing,
which has been the direct cause of the vast majority of human rights
violations there and whose principal victims have been the Muslim
population, as well as the Croats and others,

      Also gravely concerned at reports, including by the Special
Representative of the Secretary-General, of grave violations of
international humanitarian law and of human rights in and around
Srebrenica, and in the areas of Banja Luka and Sanski Most, including
reports of mass murder, unlawful detention and forced labour, rape and
deportation of civilians,

      Dismayed by the huge number of missing persons still unaccounted
for, particularly in Bosnia and Herzegovina and in Croatia,

      Deeply concerned by the situations reflected in the report of the
Secretary-General on rape and abuse of women in the areas of armed
conflict in the former Yugoslavia,  13/ and stressing the need
for detailed reporting on this subject,

      Alarmed that the conflict in the Republic of Bosnia and
Herzegovina and in the Republic of Croatia has also been characterized
by the systematic destruction and profanation of mosques, churches and
other places of worship, religious buildings and sites of cultural
heritage,

      Expressing its particular concern for the situation of the
children and the elderly as well as other vulnerable groups in the
area,

      Calling attention to the reports and recommendations of the
Special Rapporteur on the situation of human rights in the territories
of the Republic of Bosnia and Herzegovina, the Republic of Croatia and
the Federal Republic of Yugoslavia (Serbia and Montenegro), including
the most recent report  14/ by the newly appointed Special
Rapporteur, Mrs. Elisabeth Rehn,

      Expressing its deep appreciation for the activity and efforts of
the previous Special Rapporteur, Mr. Tadeusz Mazowiecki, in the
discharge of his mandate,

      Noting the recommendations of the Special Rapporteur that respect
for human rights should be given priority during and after the peace
negotiations and that, without genuine improvements in the human
rights situation in the area, any peace agreement will not have a
solid foundation,

      1.    Commends both the former and the current Special Rapporteurs
of the Commission on Human Rights on the situation of human rights in
the territory of the former Yugoslavia for their efforts, and notes
that the presence of the Special Rapporteur can be a positive factor
towards reducing the instances of all human rights violations in the
region;

      2.    Expresses its outrage at the instances of massive and
systematic violations of human rights and humanitarian law as
described in the reports of the Special Rapporteur, including ethnic
cleansing, killings, disappearances, torture, rape, detentions,
beatings, arbitrary searches, destruction of houses, illegal evictions
and other acts of violence aimed at forcing individuals from their
homes;

      3.    Condemns in the strongest terms all violations of human
rights and international humanitarian law by the parties to the
conflict, recognizing that the leadership in territories under the
control of Serbs in the Republic of Bosnia and Herzegovina and
formerly Serb-held areas of the Republic of Croatia, the commanders of
Serb paramilitary forces and political and military leaders in the
Federal Republic of Yugoslavia (Serbia and Montenegro) bear primary
responsibility for most of those violations and that persons who
commit such acts will be held personally responsible and accountable;

      4.    Condemns the attacks on the safe areas of Srebrenica and
žepa by Bosnian Serb forces, which led to gross abuses of human rights
and grave breaches of international humanitarian law and the
disappearance of thousands of persons, as detailed in the reports of
the former and the current Special Rapporteurs;

      5.    Also condemns the indiscriminate shelling of civilians in
the safe areas of Sarajevo, Tuzla, Bihaž and Goražde and the use of
cluster bombs on civilian targets by Bosnian Serb and Croatian Serb
forces;

      6.    Further condemns violations of human rights and
international humanitarian law, including killings, the burning and
looting of houses, the shelling of residential areas, harassment of
and attacks on refugees, the elderly and the infirm perpetrated by
members of the Croatian armed forces and civilians in the formerly
Serb-controlled regions of Croatia during and subsequent to the
military operations there in August 1995;

      7.    Welcomes the withdrawal of the heavy weapons surrounding
Sarajevo following the decision to implement Security Council
resolution 836 (1993), reinforced by the London conference of 21 July
1995, to respond to attacks on safe areas, and notes that this opened
Sarajevo to badly needed humanitarian relief;

      8.    Notes with appreciation the efforts 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 since 1991, established pursuant to
Security Council resolutions 806 (1993) of 5 February 1993 and 827
(1993) of 25 May 1993, notes the issuance of indictments against
individuals, and urges that the Tribunal be given the resources it
needs;

      9.    Requests States, as a matter of urgency, to continue to make
available to the International Tribunal expert personnel, adequate
resources and services to aid in the investigation and prosecution of
persons accused of having committed serious violations of
international humanitarian law;

      10.   Reminds all States of their obligation under Security
Council resolution 827 (1993) to cooperate with the International
Tribunal, including through compliance with requests for assistance
and orders issued by a trial chamber of the Tribunal, and, in this
regard, urges the parties to allow the establishment of offices of the
Tribunal in their territories and draws the attention of the Federal
Republic of Yugoslavia (Serbia and Montenegro), the Republic of
Croatia and the Republic of Bosnia and Herzegovina to their obligation
to cooperate with the Tribunal, in particular to arrest, detain and
facilitate the transfer to the custody of the Tribunal any and all
indicted war criminals who reside in or transit through or are
otherwise present in their respective territories;


      11.   Demands that all parties refrain from any action intended to
destroy, alter, conceal or damage any evidence of violations of human
rights and international humanitarian law and that they preserve such
evidence;

      12.   Expresses its complete support for the victims of violations
of human rights and international humanitarian law, recognizes the
right of refugees and displaced persons freely to return to their
homes of origin in safety and dignity, to have restored to them
property of which they were deprived in the course of hostilities
since 1991 and to be compensated for any such property that cannot be
restored to them, considers null any commitments made under duress,
and urges all parties to fulfil their agreements to this end;

      13.   Condemns all deliberate obstruction of the delivery of food
and medical and other supplies essential for the civilian population,
which constitutes a serious violation of international humanitarian
law and international human rights law, and of medical evacuations,
and demands that all parties ensure that all persons under their
control cease such acts;

      14.   Also condemns all attacks on the United Nations Peace Forces
and on personnel working with the Office of the United Nations High
Commissioner for Refugees and other humanitarian organizations by
parties to the conflict;

      15.   Expresses its outrage that the systematic practice of rape
has been used as a weapon of war against women and children and as an
instrument of ethnic cleansing, and recognizes that rape in this
context constitutes a war crime;

      16.   Condemns police violence against the non-Serb populations in
Kosovo, the Sandjak, Vojvodina and other areas of the Federal Republic
of Yugoslavia (Serbia and Montenegro), particularly the systematic
acts of harassment, beatings, torture, warrantless searches, arbitrary
detention and unfair trials, including those directed mainly against
members of the Muslim population;

      17.   Strongly urges the authorities of the Federal Republic of
Yugoslavia (Serbia and Montenegro) to take appropriate measures to
respect fully all human rights and fundamental freedoms and to take
urgent action to ensure the rule of law in order to prevent arbitrary
evictions and dismissals and discrimination against any ethnic or
national, religious and linguistic group, including in the fields of
education and information;


      18.   Cautions against any attempts to use Serb refugees to alter
the population balance in Kosovo, the Sandjak, Vojvodina and any other
part of the country, thus further suppressing the enjoyment of human
rights in those areas;

      19.   Strongly encourages all parties to fulfil the commitments
made at Dayton, Ohio, to release without delay all civilians and
combatants held in prison or detention in relation to the conflict, in
conformity with international humanitarian law and the provisions of
the General Framework Agreement for Peace in Bosnia and Herzegovina,
10/ and demands that the parties cooperate fully with the
International Committee of the Red Cross, the Special Rapporteur and
her staff, the United Nations High Commissioner for Refugees, the
United Nations High Commissioner for Human Rights and the monitoring
and other missions of the European Union and the Organization for
Security and Cooperation in Europe;

      20.   Urges Member States to consider positively the Special
Rapporteur's recommendation that economic and other aid must be made
conditional upon meaningful progress in human rights;

      21.   Recognizes that the Bosnian Federation should be further
developed to serve as a model for ethnic reconciliation in the region;

      22.   Urges all parties, in particular the Government of the
Federal Republic of Yugoslavia (Serbia and Montenegro), to cooperate
with the "special process" dealing with the problem of missing persons
in the territory of the former Yugoslavia established pursuant to
paragraph 24 of Commission on Human Rights resolution 1994/72 of 9
March 1994,  15/ and reiterated in its resolution 1995/35 of 3
March 1995, by disclosing information and documentation on inmates in
prisons, camps and other places of detention;

      23.   Also urges all parties to provide full access for monitoring
the human rights situation, including by allowing access to the
missions of the Organization for Security and Cooperation in Europe,
including in Kosovo, as called for by the General Assembly in
resolution 49/196 and by the Security Council in resolution 855 (1993)
of 9 August 1993, and in the Sandjak, Vojvodina and other affected
areas, and requests that the Federal Republic of Yugoslavia (Serbia
and Montenegro) permit the opening of a field office of the Centre for
Human Rights of the Secretariat as called for by the General Assembly
in resolution 49/196;

      24.   Urges the Secretary-General to take all necessary steps to
ensure the full and effective coordination of the activities of all
United Nations bodies in implementing the present resolution, and
urges those bodies concerned with the situation in the territories of
Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia
(Serbia and Montenegro) to coordinate closely with the United Nations
High Commissioner for Human Rights, the Special Rapporteur and the
International Tribunal, and to provide to the Special Rapporteur on a
continuing basis all relevant and accurate information in their
possession on the situation of human rights in Bosnia and Herzegovina,
Croatia and the Federal Republic of Yugoslavia (Serbia and
Montenegro);

      25.   Draws attention to the need for an immediate and urgent
investigation by qualified experts of several mass grave sites near
Srebrenica and Vukovar and other mass grave sites and places where
mass killings are reported to have taken place, and requests the
Secretary-General, within existing resources, to make available the
necessary means for this undertaking;

      26.   Urges the Secretary-General, within existing resources, to
make all necessary resources available for the Special Rapporteur to
carry out her mandate and in particular to provide her with adequate
staff based in the territories of Bosnia and Herzegovina, Croatia and
the Federal Republic of Yugoslavia (Serbia and Montenegro) to ensure
effective continuous monitoring of the human rights situation there
and coordination with other United Nations bodies involved, including
the United Nations Peace Forces;

      27.   Welcomes the effort by the Government of Bosnia and
Herzegovina to uphold human rights in its territory, and urges it to
fulfil the human rights commitments it has made;

      28.   Notes with concern that many of the past recommendations of
the Special Rapporteur have not been fully implemented, in some cases
because of resistance by the parties on the ground, and urges the
parties, all States and relevant organizations to give immediate
consideration to them, in particular the calls of the former and the
current Special Rapporteurs:

      (a)   For the de facto Bosnian Serb authorities to provide prompt
access for humanitarian monitors to territories controlled by them, in
particular to the Banja Luka region and to Srebrenica, emphasizing
that the fate of thousands of missing persons from Srebrenica requires
immediate clarification;

      (b)   For the Government of Croatia to fulfil its responsibilities
to secure the human rights of the remaining ethnic Serb population in
all recently retaken territories and to remove all legal and
administrative hurdles which are preventing the return of refugees and
displaced persons;

      (c)   For greater cooperation between Governments and non-
governmental organizations, recognizing that the work and role of
non-governmental organizations is vital to the promotion and
protection of the rights of the individual and respect and protection
of human rights in the region;

      (d)   For the Federal Republic of Yugoslavia (Serbia and
Montenegro) to undertake measures to respect fully the rights of
persons belonging to national or ethnic, religious and linguistic
minorities;

      29.   Invites the Commission on Human Rights, at its fifty-second
session, to request the Special Rapporteur to report to the General
Assembly at its fifty-first session;

      30.   Decides to continue its examination of this question at its
fifty-first session under the item entitled "Human rights questions".


                                                          99th plenary meeting
                                                              22 December 1995


                                     Notes

1/          Resolution 217 A (III).

2/          Resolution 2200 A (XXI), annex.

3/          Resolution 2106 A (XX), annex.

4/          Resolution 44/25, annex.

5/          Resolution 260 A (III).

6/          Resolution 39/46, annex.

7/          Resolution 34/180, annex.

8/          United Nations, Treaty Series, vol. 75, Nos. 970-973.

9/          Ibid., vol. 1125, Nos. 17512 and 17513.

10/         See A/50/790-S/1995/999.

11/         See A/50/757-S/1995/951.

12/         See Official Records of the Economic and Social Council, 1995,
Supplement No. 3 and corrigenda (E/1995/23 and Corr.1 and 2), chap. II,
sect. A.

13/         A/50/329.

14/         See A/50/727-S/1995/933.

15/         See Official Records of the Economic and Social Council, 1994,
Supplement No. 4 and corrigendum (E/1994/24 and Corr.1), chap. II, sect. A.

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