SECURITY COUNCIL EXTENDS UNMIBH MANDATE UNTIL 21 JUNE 200019990618
Resolution 1247 (1999) Adopted Unanimously
Acting under Chapter VII of the Charter, the Security Council this afternoon extended the mandate of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), which includes a civilian component -- the International Police Task Force (IPTF) -- until 21 June 2000.
By its unanimous adoption of multi-part resolution 1247 (1999), the Council also decided that the IPTF should continue to be entrusted with the tasks set out in the Peace Agreement, including tasks referred to in the Conclusions of the London, Bonn, Luxembourg, and Madrid Conferences and agreed upon by the authorities of Bosnia and Herzegovina.
Reiterating that the primary responsibility for the further successful implementation of the Peace Agreement lay with the authorities in Bosnia and Herzegovina, the Council also reminded the parties that they had committed themselves to cooperate fully with all entities involved in the implementation of the peace settlement, including the International Tribunal for the Former Yugoslavia.
The Security Council also authorized Member States to continue, for a further period of 12 months the multinational Stabilization Force (SFOR), as established in accordance with its resolution 1088 (1996) under unified command and control. The Council expressed its intention to review the situation with the view to extending that authorization further, as necessary, and demanded that the parties respect the security and freedom of movement of SFOR and other international personnel.
By other terms of the text, the Council reiterated its call upon all concerned to ensure the closest possible coordination between the High Representative, SFOR, UNMIBH and the relevant civilian organizations and agencies to ensure the successful implementation of the Peace Agreement and of the priority objectives of the civilian consolidation plan, as well as the security of the IPTF personnel.
The meeting, which began at 3:53 p.m., ended at 4:03 p.m.
The Council had before it the following draft resolution (document S/1999/688), which was sponsored by Canada, France, Germany, Italy, Netherlands, Russian Federation, United Kingdom and the United States:
"The Security Council,
"Recalling all its previous relevant resolutions concerning the conflicts in the former Yugoslavia, including resolutions 1031 (1995) of 15 December 1995, 1035 (1995) of 21 December 1995, 1088 (1996) of 12 December 1996, 1144 (1997) of 19 December 1997, 1168 (1998) of 21 May 1998, 1174 (1998) of 15 June 1998 and 1184 (1998) of 16 July 1998,
"Reaffirming its commitment to the political settlement of the conflicts in the former Yugoslavia, preserving the sovereignty and territorial integrity of all States there within their internationally recognized borders,
"Underlining its commitment to supporting implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes thereto (collectively the Peace Agreement, S/1995/999, annex),
"Emphasizing its appreciation to the High Representative, the Commander and personnel of the multinational stabilization force (SFOR), the Special Representative of the Secretary-General and the personnel of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), including the Commissioner and personnel of the International Police Task Force (IPTF), and the personnel of other international organizations and agencies in Bosnia and Herzegovina for their contributions to the implementation of the Peace Agreement,
"Noting that the States in the region must play a constructive role in the successful development of the peace process in Bosnia and Herzegovina, and noting especially the obligations of the Republic of Croatia and the Federal Republic of Yugoslavia in this regard as signatories to the Peace Agreement,
"Emphasizing that a comprehensive and coordinated return of refugees and displaced persons throughout the region continues to be crucial to lasting peace,
"Taking note of the declaration of the Ministerial meeting of the Peace Implementation Conference in Madrid on 16 December 1998 (S/1999/139, annex) and the conclusions of its previous meetings,
"Noting the reports of the High Representative, including his latest report of 5 May 1999 (S/1999/524),
"Having considered the report of the Secretary-General of 11 June 1999 (S/1999/670),
"Determining that the situation in the region continues to constitute a threat to international peace and security,
"Determined to promote the peaceful resolution of the conflicts in accordance with the purposes and principles of the Charter of the United Nations,
"Acting under Chapter VII of the Charter of the United Nations,
"1. Reaffirms once again its support for the Peace Agreement, as well as for the Dayton Agreement on implementing the Federation of Bosnia and Herzegovina of 10 November 1995 (S/1995/1021, annex), calls upon the parties to comply strictly with their obligations under those Agreements, and expresses its intention to keep the implementation of the Peace Agreement, and the situation in Bosnia and Herzegovina, under review;
"2. Reiterates that the primary responsibility for the further successful implementation of the Peace Agreement lies with the authorities in Bosnia and Herzegovina themselves and that the continued willingness of the international community and major donors to assume the political, military and economic burden of implementation and reconstruction efforts will be determined by the compliance and active participation by all the authorities in Bosnia and Herzegovina in implementing the Peace Agreement and rebuilding a civil society, in particular in full cooperation with the International Tribunal for the Former Yugoslavia, in strengthening joint institutions and in facilitating returns of refugees and displaced persons;
"3. Reminds the parties once again that, in accordance with the Peace Agreement, they have committed themselves to cooperate fully with all entities involved in the implementation of this peace settlement, as described in the Peace Agreement, or which are otherwise authorized by the Security Council, including the International Tribunal for the Former Yugoslavia, as it carries out its responsibilities for dispensing justice impartially, and underlines that full cooperation by States and entities with the International Tribunal includes, inter alia, the surrender for trial of all persons indicted by the Tribunal and provision of information to assist in Tribunal investigations;
"4. Emphasizes its full support for the continued role of the High Representative in monitoring the implementation of the Peace Agreement and giving guidance to and coordinating the activities of the civilian organizations and agencies involved in assisting the parties to implement the Peace Agreement, and reaffirms that the High Representative is the final authority in theatre regarding the interpretation of Annex 10 on civilian implementation of the Peace Agreement and that in case of dispute he may give his interpretation and make recommendations, and make binding decisions as he judges necessary on issues as elaborated by the Peace Implementation Council in Bonn on 9 and 10 December 1997;
"5. Expresses its support for the declaration of the Ministerial meeting of the Peace Implementation Conference in Madrid on 16 December 1998;
"6. Recognizes that the parties have authorized the multinational force referred to in paragraph 10 below to take such actions as required, including the use of necessary force, to ensure compliance with Annex 1-A of the Peace Agreement;
"7. Reaffirms its intention to keep the situation in Bosnia and Herzegovina under close review, taking into account the reports submitted pursuant to paragraphs 18 and 25 below, and any recommendations those reports might include, and its readiness to consider the imposition of measures if any party fails significantly to meet its obligations under the Peace Agreement;
"8. Pays tribute to those Member States which participated in the multinational stabilization force established in accordance with its resolution 1088 (1996), and welcomes their willingness to assist the parties to the Peace Agreement by continuing to deploy a multinational stabilization force;
"9. Notes the support of the parties to the Peace Agreement for the continuation of the multinational stabilization force, set out in the declaration of the Ministerial meeting of the Peace Implementation Conference in Madrid;
"10. Authorizes the Member States acting through or in cooperation with the organization referred to in Annex 1-A of the Peace Agreement to continue for a further planned period of 12 months the multinational stabilization force (SFOR) as established in accordance with its resolution 1088 (1996) under unified command and control in order to fulfil the role specified in Annex 1-A and Annex 2 of the Peace Agreement, and expresses its intention to review the situation with a view to extending this authorization further as necessary in the light of developments in the implementation of the Peace Agreement and the situation in Bosnia and Herzegovina;
"11. Authorizes the Member States acting under paragraph 10 above to take all necessary measures to effect the implementation of and to ensure compliance with Annex 1-A of the Peace Agreement, stresses that the parties shall continue to be held equally responsible for compliance with that Annex and shall be equally subject to such enforcement action by SFOR as may be necessary to ensure implementation of that Annex and the protection of SFOR, and takes note that the parties have consented to SFOR's taking such measures;
"12. Authorizes Member States to take all necessary measures, at the request of SFOR, either in defence of SFOR or to assist the force in carrying out its mission, and recognizes the right of the force to take all necessary measures to defend itself from attack or threat of attack;
"13. Authorizes the Member States acting under paragraph 10 above, in accordance with Annex 1-A of the Peace Agreement, to take all necessary measures to ensure compliance with the rules and procedures established by the Commander of SFOR, governing command and control of airspace over Bosnia and Herzegovina with respect to all civilian and military air traffic;
"14. Requests the authorities in Bosnia and Herzegovina to cooperate with the Commander of SFOR to ensure the effective management of the airports of Bosnia and Herzegovina, in the light of the responsibilities conferred on SFOR by Annex 1-A of the Peace Agreement with regard to the airspace of Bosnia and Herzegovina;
"15. Demands that the parties respect the security and freedom of movement of SFOR and other international personnel;
"16. Invites all States, in particular those in the region, to continue to provide appropriate support and facilities, including transit facilities, for the Member States acting under paragraph 10 above;
"17. Recalls all the agreements concerning the status of forces as referred to in Appendix B to Annex 1-A of the Peace Agreement, and reminds the parties of their obligation to continue to comply therewith;
"18. Requests the Member States acting through or in cooperation with the organization referred to in Annex 1-A of the Peace Agreement to continue to report to the Council, through the appropriate channels and at least at monthly intervals;
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"Reaffirming the legal basis in the Charter of the United Nations on which the IPTF was given its mandate in resolution 1035 (1995),
"19. Decides to extend the mandate of UNMIBH, which includes the IPTF, for an additional period terminating on 21 June 2000, and also decides that the IPTF shall continue to be entrusted with the tasks set out in Annex 11 of the Peace Agreement, including the tasks referred to in the Conclusions of the London, Bonn, Luxembourg, and Madrid Conferences and agreed by the authorities in Bosnia and Herzegovina;
"20. Requests the Secretary-General to keep the Council regularly informed on the work of the IPTF and its progress in assisting the restructuring of law enforcement agencies and UNMIBH's progress in monitoring and assessing the court system, and to report every three months on the implementation of the mandate of UNMIBH as a whole;
"21. Reiterates that the successful implementation of the tasks of the IPTF rests on the quality, experience and professional skills of its personnel, and once again urges Member States, with the support of the Secretary-General, to ensure the provision of such qualified personnel;
"22. Reaffirms the responsibility of the parties to cooperate fully with, and to instruct their respective responsible officials and authorities to provide their full support to, the IPTF on all relevant matters;
"23. Reiterates its call upon all concerned to ensure the closest possible coordination between the High Representative, SFOR, UNMIBH and the relevant civilian organizations and agencies so as to ensure the successful implementation of the Peace Agreement and of the priority objectives of the civilian consolidation plan, as well as the security of IPTF personnel;
"24. Urges Member States, in response to demonstrable progress by the parties in restructuring their law enforcement institutions, to intensify their efforts to provide, on a voluntary-funded basis and in coordination with the IPTF, training, equipment and related assistance for local police forces in Bosnia and Herzegovina;
"25. Also requests the Secretary-General to continue to submit to the Council reports from the High Representative, in accordance with Annex 10 of the Peace Agreement and the conclusions of the Peace Implementation Conference held in London on 4 and 5 December 1996 (S/1996/1012), and later Peace Implementation Conferences, on the implementation of the Peace Agreement and in particular on compliance by the parties with their commitments under that Agreement;
"26. Decides to remain seized of the matter."
Documents before Council
When the Security Council met this afternoon to consider the situation in Bosnia and Herzegovina, it had before it the report of the Secretary- General on the United Nations Mission in Bosnia and Herzegovina (UNMIBH) (document S/1999/670), in which he recommends a 12-month extension for the Mission. The report summarizes UNMIBH's activities since the Secretary- General's report of 16 March and provides an overview of the activities of the United Nations system during that period.
In his report, the Secretary-General states that UNMIBH contributes to the establishment of the rule of law in Bosnia and Herzegovina by reforming and restructuring the police, assessing the functioning of the existing judicial system and monitoring and auditing the performance of the police and other agencies involved in the maintenance of law and order. The development of an impartial and effective judiciary is also essential.
With the conclusion of the police restructuring agreement, the authorities in the Republika Srpska have, for the first time, agreed to the principle of multi-ethnic policing in their entity and to concrete benchmarks for making it a reality. The establishment of joint working groups for minority recruitment in each Federation canton has accelerated the inclusion of minorities in the Federation police. The establishment of the police academy in the Federation and the planned opening of a provisional academy in the Republika Srpska at the end of June are important steps towards the creation of a well-trained police force.
Still, notwithstanding the progress, the number of minority police officers remains disappointingly low, and the difficulties encountered at each step of the way indicate how deep-rooted the resistance is towards multi- ethnic policing among some of the dominating political forces in Bosnia and Herzegovina.
Also according to the report, UNMIBH has continued to develop its close engagement of senior, mid-level and local police officials in the Republika Srpska and the Federation in working groups on the implementation of restructuring agreements, in audits of police services in the Federation, in training and advising the police in the conduct of criminal investigations and in monitoring everyday performance of the local police forces. Through this engagement, UNMIBH has made efforts towards the implementation of the agreement on police restructuring in the Republika Srpska and the Bonn- Petersberg Agreement for the Federation.
Close coordination with other international agencies has facilitated the return of minority police to the Federation and the conduct of investigations into organized crime, and has strengthened the efforts of UNMIBH towards police reform to ensure that police officials will continue to support the implementation of agreements to which they are signatories.
The Secretary-General also states that in addition to regular monitoring through targeted independent and joint IPTF patrols, UNMIBH has developed innovative forms of monitoring that involve both civil affairs officers and IPTF monitors. These include co-locating in police facilities and holding regular consultations with civilian authorities at all levels of government; working with the police in criminal investigations aimed at uncovering organized crime and terrorism; devising a new approach to auditing police services in municipalities and cantons of the Federation; continuing investigation of police involvement in human rights abuses in areas of return; and new forms of court and trial monitoring. These innovative forms of monitoring will enable UNMIBH to oblige local law enforcement agencies, in the early stages of establishing the rule of law, to operate in a manner fully consistent with democratic practice.
The Secretary-General also notes that further progress in the Mission's central task of police reform continues to require tangible material support for the modernization of the country's police infrastructure. Such support is critical to sustainable progress in police restructuring. The Police Assistance Trust Fund will not be able to shoulder the burden of such material support effectively in the absence of significant new contributions. The UNMIBH has been placing greater emphasis on improved coordination and facilitation of bilateral donor aid by IPTF so that the training and equipment needs identified by IPTF may be met through bilateral arrangements, but experience suggests that this will meet only a portion of the needs.
The Secretary-General observes that political developments in Bosnia and Herzegovina and in the wider region continue to challenge the establishment of the rule of law. In the Republika Srpska, progress has been made difficult by continuing opposition to multi-ethnic police among a significant part of the political forces in that entity. In addition, there has been increasing insecurity associated with the popular response against the establishment of the Brcko District and the dismissal of Republika Srpska President Poplasen, as well as increasing tension and economic deprivation following the North Atlantic Treaty Organization (NATO) air strikes in the Federal Republic of Yugoslavia.
Progress in developing self-sustaining institutions in the Federation has been complicated by the killing of the Deputy Minister of the Interior, by disappointing progress in sustaining the returns of minorities and by continued efforts, especially among parts of the Croat population, to raise the possibility of revising fundamental principles of the General Framework Agreement for Peace. Recent developments in the wider region add another, broader layer of insecurity to efforts to implement agreements rooted in the rule of law. On the other hand, experience has shown that broad sectors of the population are willing to use the mechanisms of integration, in particular the common licence plate and the common currency, to establish and deepen contacts between the two entities of Bosnia and Herzegovina.
The report also states that the difficulties encountered in trying to establish self-sustaining political institutions throughout the country have forced the High Representative to use his authority creatively in support of implementing the General Framework Agreement. Continuing close cooperation of UNMIBH with the United Nations High Commissioner for Refugees (UNHCR), the SFOR and the Office of the High Representative will continue to be necessary to address impediments to a sustainable peace. In that regard, the strong and consistent support of the SFOR will again remain essential in providing adequate security arrangements for the successful implementation of the UNMIBH mandate. The Secretary-General appeals to the Governments of the members of the Security Council to extend their full support to the efforts of UNMIBH to implement its core mandate of creating professional, multi-ethnic police services in the Federation and the Republika Srpska.
The Secretary-General further notes that UNMIBH, and the international community in general, still have a considerable way to go before the peace process in Bosnia and Herzegovina becomes self-sustainable. The Mission has developed the mechanisms to effect positive changes and has built a solid basis for further progress. With continued persistent and determined work by UNMIBH, as well as with financial and political support by Member States, the United Nations can make a decisive contribution to the peace process in Bosnia and Herzegovina.
Referring to financial aspects, the Secretary-General states that on 8 June, by its resolution 53/233, the General Assembly appropriated an amount of $167.6 million gross for the maintenance of UNMIBH for the 12-month period from 1 July 1999 to 30 June 2000. Therefore, should the Security Council extend the mandate of UNMIBH for a further 12-month period, the cost for the extension would be limited to that amount. As at 31 May 1999, unpaid assessed contributions to the UNMIBH special account amounted to $38 million. Total outstanding assessed contributions for all peacekeeping operations at the same date amounted to $1,568 million.
The Council also had before it a letter from the Secretary-General of the United Nations (document S/1999/642), conveying a communication dated 3 June from the Secretary-General of NATO. Attached to that communication -- in accordance with Council resolution 1088 (1996) -- was the monthly report on the operations of the SFOR.
The report states that approximately 32,500 troops were deployed in Bosnia and Herzegovina and Croatia over the reporting period (21 April to 20 May) with contributions from all the NATO allies and from 17 non-NATO countries. The SFOR troops continued to conduct surveillance and reconnaissance by means of ground and air patrol, with combat aircraft flying approximately 134 hours.
According to the report, the number of hostile acts against the SFOR associated with the NATO air operation in the Federal Republic of Yugoslavia decreased significantly over the reporting period. Ground patrols in sensitive areas, however, were intensified. The Force continues to monitor entity compliance with Council resolution 1160 (1998), which prohibits the transport of weapons into the Federal Republic of Yugoslavia. The SFOR also stepped up its efforts over the reporting period to discover any undisclosed weapon caches. No violations of the resolution have been reported to date.
The report notes that parties remain substantially compliant with the military aspects of the peace agreement. Tension in the Republica Srpska is still high, however, both as a result of continuing political instability there and of the NATO action in the Federal Republic of Yugoslavia, which has caused an influx of refugees into the area. Nevertheless, On 20 April, for the first time since the Bosnian Serbs withdrew from the joint institutions in March, all members of the Tripartite Presidency met in Sarajevo. Tensions are still high among the ethnic groups in contested areas, with isolated acts of intimidation and violence as refugees and displaced persons return.
Over the reporting period, the SFOR conducted a total of 573 military weapons storage site inspections. No significant discrepancies were noted. On 26 April, following an inspection of the Cavarine Bosnian Serb Army site near Sokolac, two items of equipment -- a radar and a radar control vehicle -- were confiscated by the SFOR following reports of unauthorized radar activity at the site on 25 April. The radar was subsequently returned by the SFOR.
The general training and movement ban imposed on the Entity Armed Forces on 24 March is still in effect, notes the report. However, training and movement activities for armed forces recruits, using light arms only, are permitted with the SFOR's prior approval. During the reporting period, 427 such activities were monitored. The training and movement ban on the Republika Srpska Police Anti-Terrorist Brigade will remain in effect until further notice.
According to the report, the summer demining campaign began on 19 April with the deployment of 46 Entity Armed Forces demining teams. Between 19 April and 16 May, those teams conducted 743 mine clearing-operations, removing two anti-tank mines, 161 anti-personnel mines and 40 items of unexploded ordinance from 65,258 square metres of land.
The report states that Operation Harvest, the weapons amnesty programme conducted by the Entity Armed Forces which began on 15 March and was scheduled to end on 15 May, was extended until September. During the first two months of the Operation, the following weapons and ordnance were handed in: 1,192 small arms; 377,177 rounds of ammunition; 1,183 mortar rounds; 9,837 hand grenades; 1,010 anti-personnel mines; 651 anti-tank mines; and 7,189 miscellaneous items.
Within capabilities, the report notes, and in accordance with its mandate, the SFOR continues to provide assistance to international organizations in Bosnia and Herzegovina. It will continue to monitor the situation closely in the light of ongoing operations in the Federal Republic of Yugoslavia. Isolated incidents can be expected as a result of the return of refugees and displaced persons.
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