United Nations

A/RES/51/203


General Assembly

Distr. GENERAL  

26 February 1997

ORIGINAL:
ENGLISH



Fifty-first session
Agenda item 56


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

  [without reference to a Main Committee (A/51/L.62/Rev.1 and Rev.1/Add.1)]


               51/203.  The situation in Bosnia and Herzegovina


      The General Assembly,

      Recalling its resolutions 46/242 of 25 August 1992, 47/1 of
22 September 1992, 47/121 of 18 December 1992, 48/88 of 20 December
1993, 49/10 of 3 November 1994 and all relevant resolutions of the
Security Council regarding the situation in Bosnia and Herzegovina,

      Reaffirming its support for the independence, sovereignty, legal
continuity and territorial integrity of Bosnia and Herzegovina, within
its internationally recognized borders,

      Welcoming the General Framework Agreement for Peace in Bosnia and
Herzegovina and the annexes thereto (collectively the "Peace
Agreement"), 1/ signed at Paris on 14 December 1995,

      Welcoming also the efforts for the respect, promotion and
protection of human rights in all of Bosnia and Herzegovina and for
the establishment of the new common institutions of Bosnia and
Herzegovina, in accordance with the relevant provisions of the Peace
Agreement,

      Supporting those institutions and organizations of Bosnia and
Herzegovina which are engaged in the implementation of the Peace
Agreement and the process of reconciliation and reintegration,

      Concerned by the continuing obstructions faced by refugees and
displaced persons wishing to return to their homes, emphasizing the
need for all parties and the relevant States and international
organizations to enhance the conditions necessary to facilitate
return, and stressing the need for a regional approach to the issue of
refugees and displaced persons,

      Welcoming the foundation on 30 October 1996 of the Coalition for
Return, composed of refugees and displaced persons from within and
outside Bosnia and Herzegovina, including members of all communities,
and expressing support for its efforts in facilitating the objectives
of annex 7 of the Peace Agreement,

      Welcoming also the Agreement on Subregional Arms Control
negotiated at Vienna and Florence, as a vital instrument in ensuring
regional stability, and alarmed by reports of uneven levels of
compliance with provisions of the Agreement,

      Having considered the third annual report 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, 2/ and noting the
varying degrees of cooperation and compliance described therein and
stressing the importance and urgency of the work of the International
Tribunal as an element of the process of reconciliation in Bosnia and
Herzegovina and in the region,

      Supporting fully the efforts of the International Tribunal aimed
at the prosecution of persons responsible for serious violations of
international humanitarian law committed in the territory of the
former Yugoslavia since 1991, and demanding that States and parties to
the Peace Agreement meet their obligations to cooperate fully with the
Tribunal, as required by Security Council resolutions 827 (1993) of 25
May 1993 and 1022 (1995) of  22 November 1995, including with respect
to surrendering persons sought by the  Tribunal,

      Welcoming the mutual recognition among all the successor States
to the former Socialist Federal Republic of Yugoslavia within their
internationally recognized borders, and stressing the importance of
full normalization of relations, including the immediate establishment
of diplomatic relations, among those States, in accordance with the
Peace Agreement,

      Stressing the importance of full respect for human rights and
fundamental freedoms for the success of the peace efforts for the
region, and calling upon the Governments and the authorities in the
region, as well as relevant international organizations, to facilitate
such full respect,

      Noting that democratization in the region will enhance the
prospects for a lasting peace and help to guarantee full respect for
human rights in Bosnia and Herzegovina and in the region,

      Welcoming the holding of elections under the supervision of the
Organization for Security and Cooperation in Europe on 14 September
1996 for State, Entity and canton level offices, and calling upon all
parties to further cooperate with the organization in the preparation
and holding of free and fair elections throughout all of Bosnia and
Herzegovina at the municipal/local level,

      Noting the positive impact of the two previous pledging
conferences, held respectively on 21 December 1995 and 13 and 14 April
1996 and chaired by the World Bank and the European Union on the peace
process and reintegration of the country as well as the reconstruction
effort, stressing the importance and urgency of providing the pledged
financial assistance and technical cooperation in reconstruction
efforts and the role of economic revitalization in the process of
reconciliation, in the improvement of living conditions and in the
maintenance of a durable peace in Bosnia and Herzegovina and in the
region, and encouraging an early convening of the next pledging
conference,

      Welcoming in particular the important efforts of the European
Union, bilateral and other donors to provide humanitarian and economic
assistance for reconstruction,

      Underlining that the full, comprehensive and consistent
implementation of the Peace Agreement is vital for the maintenance of
international peace and security,

      1.    Expresses its full support for the General Framework
Agreement for Peace in Bosnia and Herzegovina and the annexes thereto
(collectively the  "Peace Agreement"), 1/ which constitutes the key
mechanism for the achievement of a durable and just peace in Bosnia
and Herzegovina, leading to stability and cooperation in the region
and the reintegration of Bosnia and Herzegovina at all levels;

      2.    Welcomes the successful implementation of certain aspects of
the Peace Agreement, including the establishment of a lasting
cessation of hostilities, the establishment of the military zones of
separation, national elections held on 14 September 1996, and the
formation and functioning of certain common institutions of Bosnia and
Herzegovina;

      3.    Underlines the responsibility of the parties to cooperate
fully  and in good faith in the prompt formation and functioning of
all the new common institutions of Bosnia and Herzegovina and in
establishing the necessary conditions for holding democratic, free and
fair democratic local elections in accordance with the relevant
provisions of the Peace Agreement;

      4.    Demands the full, comprehensive and consistent
implementation of the General Framework Agreement for Peace in Bosnia
and Herzegovina;

      5.    Welcomes the conclusions of the meeting of the ministerial
Steering Board and the Presidency of Bosnia and Herzegovina, 3/
held in Paris on 14 November 1996, in order to define the guiding
principles of the civilian consolidation plan of the peace process in
Bosnia and Herzegovina in accordance with the Peace Agreement;

      6.    Welcomes also the conclusions of the London Peace
Implementation Conference, 4/ held on 4 and 5 December 1996, at
which the Bosnian parties and the international community committed
themselves to a detailed action plan to implement the Peace Agreement,
and calls upon all parties, as signatories to the Peace Agreement and
immediate neighbours, to continue to work for a peaceful, reintegrated
and stable Bosnia and Herzegovina in accordance with the Peace
Agreement;

      7.    Recognizes that responsibility for consolidating the peace
lies primarily with the authorities of Bosnia and Herzegovina, as was
confirmed in particular in the joint declaration adopted at Geneva on
14 August 1996;

      8.    Also recognizes that the role of the international community
remains essential, and welcomes the readiness of the international
community to continue its efforts;

      9.    Underlines the relationship between the fulfilment by the
parties of their commitments under the Peace Agreement and the
readiness of the international community to commit resources for
reconstruction and development;

      10.   Welcomes the formation of the multinational Stabilization
Force authorized by the Security Council as the successor to the
Implementation Force, and calls upon all parties to cooperate fully
with it;

      11.   Stresses the importance of the full, comprehensive and
consistent implementation of the Peace Agreement, including
cooperation and compliance 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 since 1991, the establishment of the necessary
conditions for the voluntary return of refugees and displaced persons,
and the establishment of the necessary conditions for freedom of
movement;

      12.   Calls upon all the parties to cooperate fully, and in good
faith, in the prompt formation and functioning of all of the new
common institutions of Bosnia and Herzegovina and in establishing the
necessary conditions for holding democratic, free and fair local
elections at the municipal level in accordance with the relevant
provisions of the Peace Agreement, and urges the relevant
international organizations to consider the provision of assistance to
meet the infrastructural needs of the new common institutions of
Bosnia and Herzegovina, particularly in Sarajevo, the capital of the
State and Federation of Bosnia and Herzegovina;

      13.   Insists upon the need to deliver all indictees to the
International Tribunal to trial, notes that the International Tribunal
has the authority to address individual responsibility for the
perpetration of the crime of genocide, crimes against humanity and
other serious violations of international humanitarian law committed,
including in Bosnia and Herzegovina, and reiterates that all parties
should arrest and surrender to the Tribunal all indicted persons on
territories under their control, and to otherwise fully comply with
the orders of the Tribunal and to cooperate with the work of the
Tribunal, including with exhumations and other investigative acts, in
accordance with article 29 of the statute of the Tribunal, with all
relevant Security Council resolutions and in accordance with the
relevant provisions of the Peace Agreement and its annexes, in
particular the Constitution of Bosnia and Herzegovina;

      14.   Urges Member States, taking into account the orders and
requests of the International Tribunal, to offer the Tribunal their
full support, including financial support, in order to ensure the
completion of the Tribunal's purpose, and to carry out their
obligations under the statute of the Tribunal and all relevant
Security Council resolutions;

      15.   Reaffirms once again the right of refugees and displaced
persons to return voluntarily to their homes of origin in accordance
with the Peace Agreement, in particular annex 7 of the Agreement, and
the realization of same in cooperation with the Office of the United
Nations High Commissioner for Refugees and host countries, calls upon
all parties to immediately establish the conditions necessary for the
return of refugees and displaced persons to their homes and for the
freedom of movement and communication for all the citizens of Bosnia
and Herzegovina, and upon the relevant international organizations to
enhance the conditions to facilitate return, in accordance with
relevant provisions of the Peace Agreement and its annexes, in
particular the Constitution of Bosnia and Herzegovina, and welcomes
efforts by the European Union, bilateral and other donors, United
Nations agencies and non-governmental organizations in establishing
projects designed to facilitate the voluntary and orderly return of
refugees and displaced persons to all regions of Bosnia and
Herzegovina;

      16.   Strongly condemns all acts of intimidation designed to
discourage the voluntary return of refugees and displaced persons, in
particular the destruction of housing units;

      17.   Reaffirms once again its support for the principle that all
statements and commitments made under duress, particularly those
regarding land and property, are wholly null and void, in accordance
with the relevant provisions of the Peace Agreement, and supports the
effective engagement of the Commission for Real Property Claims of
Displaced Persons and Refugees, in compliance with its mandate;

      18.   Emphasizes the importance of economic revitalization and
reconstruction for the successful consolidation of the peace process
in Bosnia and Herzegovina;

      19.   Calls upon the parties to cooperate fully with the
arbitration process in Brūko and to respect the decisions reached
through the arbitration process, in accordance with the relevant
provisions of the Peace Agreement;

      20.   Demands that all parties comply fully with the Agreement on
Subregional Arms Control, including the accurate reporting of existing
levels of armaments and the destruction of the required amounts of
armaments, in accordance with the relevant provisions of the Peace
Agreement, and urges Member States and the appropriate regional
organizations to assist in the implementation and verification of the
Agreement on Subregional Arms Control, in accordance with the relevant
provisions of the Peace Agreement;

      21.   Stresses the need for timely information about the level of
cooperation and compliance with the International Tribunal and its
orders, the status and programme for the return of refugees and
displaced persons to and within Bosnia and Herzegovina, and the status
and implementation of the Agreement on Subregional Arms Control;

      22.   Commends the efforts of the international community,
including the Council of Europe, the European Union, the European
Community Monitoring Mission, the European Bank for Reconstruction and
Development, the International Committee of the Red Cross, the
International Monetary Fund, 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, the Islamic Development Bank, the
multinational Implementation Force led by the North Atlantic Treaty
Organization, non-governmental organizations, the office of the High
Representative, the office of the Special Rapporteur for Human Rights
of the Commission on Human Rights, the Office of the United Nations
High Commissioner for Refugees, the office of the United Nations High
Commissioner for Human Rights, the Organization of the Islamic
Conference, the Organization for Security and Cooperation in Europe,
the Peace Implementation Council, the United Nations International
Police Task Force, the United Nations Mission in Bosnia and
Herzegovina and the World Bank, in their roles in the implementation
of the Peace Agreement;

      23.   Decides to include in the provisional agenda at its fifty-
second session the item entitled "The situation in Bosnia and
Herzegovina".

                                                          88th plenary meeting
                                                              17 December 1996


                                     Notes

1/    See A/50/790-S/1995/999; see Official Records of the Security
Council, Fiftieth Year, Supplement for October, November and December
1995, document S/1995/999.

2/    A/51/292-S/1996/665; see Official Records of the Security
Council, Fifty-first Year, Supplement for July, August and September
1996, document S/1996/665.

3/    Official Records of the Security Council, Fifty-first Year,
Supplement for October, November and December 1996, document
S/1996/968.

4/    Ibid., document S/1996/1012.

 

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