Situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), G.A. res. 51/116, 51 U.N. GAOR Supp. (No. 49) at 267, U.N. Doc. A/51/49 (Vol. I) (1996).


 
      The General Assembly,
 
      Guided by the purposes and principles of the Charter of the United
Nations, the Universal Declaration of Human Rights, the International
Covenants on Human Rights and all other human rights instruments and
instruments of international humanitarian law, including the Geneva
Conventions of 12 August 1949 for the protection of victims of war and the
Additional Protocols thereto, of 1977, as well as the principles and
commitments undertaken by participating States 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 their obligations
under the human rights instruments to which they are party, and reaffirming
also the obligation of all to respect international humanitarian law,
 
      Reaffirming also the territorial integrity of all States in the region,
within their internationally recognized borders,
 
      Welcoming the entry into force and implementation of the General
Framework Agreement for Peace in Bosnia and Herzegovina and the annexes
thereto, initialled at Dayton, Ohio, on 21 November 1995 and signed by Bosnia
and Herzegovina, the Republic of Croatia and the Federal Republic of
Yugoslavia (Serbia and Montenegro), representing also the Bosnian Serb party,
in Paris on 14 December 1995 (collectively the "Peace Agreement"), which,
inter alia, committed the parties in Bosnia and Herzegovina to respect fully
human rights,
 
      Welcoming also the efforts of Member States in assisting in the
implementation of the Peace Agreement through their participation in the
Implementation Force and other activities directed at resolving the conflicts
in the former Yugoslavia, and commending the Organization for Security and
Cooperation in Europe for the implementation of the mandates with which it was
entrusted by the Peace Agreement,
 
      Welcoming further the Basic Agreement on the Region of Eastern Slavonia,
Baranja and Western Sirmium (the "Basic Agreement"), signed on 12 November
1995 by the Government of the Republic of Croatia and the local Serb
representatives, which created conditions permitting the establishment of the
United Nations Transitional Administration for Eastern Slavonia, Baranja and
Western Sirmium, and Security Council resolution 1037 (1996) of 15 January
1996, by which the Council established the Transitional Administration,
 
      Welcoming the participation of Member States in the Transitional
Administration and other activities intended to facilitate implementation of
the Basic Agreement and the transition of the region of Eastern Slavonia,
Baranja and Western Sirmium from local Serb control to control by the Republic
of Croatia,
 
      Recognizing the positive effects that the implementation of the Peace
Agreement and the Basic Agreement have had on the region since their
respective entry into force, in particular the return of peace to the region
and the increasing normalization of social, political and economic life,
 
      Taking note of the Agreement on Normalization of Relations between the
Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and
Montenegro), in particular article 7 thereof, which, inter alia, ensures
conditions for the return of refugees and displaced persons and the return of
their property or a just compensation, and in that context stressing the
positive impact of mutual recognition agreements among successor States of the
former Yugoslavia,
 
      Welcoming the holding of elections in Bosnia and Herzegovina on 14
September 1996 with the assistance of the Organization for Security and
Cooperation in Europe and other organizations,
 
      Gravely concerned nonetheless at the continuing evidence of violations
of human rights and fundamental freedoms taking place in Bosnia and
Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia
(Serbia and Montenegro),
 
      Stressing the importance of an effective functioning 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 808 (1993) of 22 February 1993 and 827 (1993) of 25 May 1993, for
the positive development of the situation of human rights in the region,
 
      Acknowledging the progress made by the Federation of Bosnia and
Herzegovina towards ethnic reconciliation in the region,
 
      Calling upon all parties to the Peace Agreement to implement the
necessary measures in the furtherance of ethnic reconciliation in their
respective territories,
 
      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 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 that economic and other aid must be made conditional on
meaningful progress on human rights,
 
      Underlining the relationship between the fulfilment by the parties of
their human rights commitments and the readiness of the international
community to commit resources for reconstruction and development,
 
      Dismayed by the large number of missing persons still unaccounted for,
particularly in Bosnia and Herzegovina and in the Republic of Croatia, and
noting with approval the establishment of the International Commission on
Missing Persons in the Former Yugoslavia and the efforts of the expert member
of the Working Group on Enforced or Involuntary Disappearances and of the
working and expert groups on the missing, chaired respectively by the
International Committee of the Red Cross and the High Representative,
 
      Expressing its particular concern for the situation of women and also
that of children, the elderly and refugees, internally displaced persons and
minorities, as well as other vulnerable groups in the region,
 
      Calling attention to the reports and recommendations of the Special
Rapporteur of the Commission on Human Rights, Mrs. Elisabeth Rehn, on the
situation of human rights in the territories of Bosnia and Herzegovina, the
Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and
Montenegro), including her most recent reports of 4 November 1996 and 12
November 1996, and especially the recommendations set forth therein,
 
      Acknowledging efforts made by the Governments of the region to meet the
recommendations of the Special Rapporteur, which have yet to be implemented
fully,
 
      Recalling the report on the situation of human rights in Croatia
submitted to the Security Council in pursuance of Council resolution 1019
(1995) of 9 November 1995,
 
      Recalling also its resolutions 50/192 and 50/193 of 22 December 1995,
Commission on Human Rights resolution 1996/71 of 23 April 1996 and all
relevant resolutions of the Security Council, especially resolutions 1009
(1995) of 10 August 1995 and 1079 (1996) of 15 November 1996,
 
      1.    Expresses its serious concern about continuing human rights
violations within Bosnia and Herzegovina and the delays in fully implementing
the human rights provisions of the Peace Agreement;
 
      2.    Condemns in the strongest terms the continued forcible expulsion
of individuals from their homes in Bosnia and Herzegovina, such as has
happened recently in Banja Luka and Mostar, and the practice of destroying the
homes of those previously forcibly expelled, and calls for the immediate
arrest and punishment of individuals engaged in these actions;
 
      3.    Condemns the continuing restrictions on freedom of movement within
the Republika Srpska, within some parts of the Federation of Bosnia and
Herzegovina, and between the Republika Srpska and the Federation;
 
      4.    Expresses concern for women and children, especially in Bosnia and
Herzegovina, who were victims of rape used as a weapon of war, and calls for
the perpetrators of rape to be brought to justice while ensuring that victims
and witnesses receive adequate assistance and protection;
 
      5.    Insists that all parties implement fully the commitments made in
the Peace Agreement to protect human rights, and also insists that the parties
act to promote and protect democratic institutions of government at all levels
in their respective countries, to ensure freedom of expression and of the
media, to allow and encourage freedom of association, including with respect
to political parties, and to ensure freedom of movement and that the parties
in Bosnia and Herzegovina comply with the human rights provisions of their
national Constitution;
 
      6.    Welcomes the conclusions of the meeting of the ministerial
Steering Board and the Presidency of Bosnia and Herzegovina, 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
particular in the field of human rights;
 
      7.    Calls upon the participants in the Peace Implementation Meeting,
to be held in London on 6 December 1996, to ensure that the promotion of human
rights, including the fulfilment of their respective human rights obligations
by the parties to the Peace Agreement, as well as the strengthening of
national institutions, will be a central element in the new civilian structure
implementing the Peace Agreement;
 
      8.    Calls upon the Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro) to undertake substantially greater efforts to
institute democratic norms, especially in regard to the protection of free and
independent media, and full respect for human rights and fundamental freedoms;
 
      9.    Strongly urges the Government of the Federal Republic of
Yugoslavia (Serbia and Montenegro) to revoke all discriminatory legislation
and to apply all other legislation without discrimination and to take urgent
action to prevent arbitrary evictions and dismissals and discrimination
against any ethnic or national, religious or linguistic group;
 
      10.   Urgently demands that the authorities of the Federal Republic of
Yugoslavia (Serbia and Montenegro) take immediate action to put an end to the
repression of, and to prevent violence against, non-Serb populations in
Kosovo, including acts of harassment, beatings, torture, warrantless searches,
arbitrary detention and unfair trials, and also to respect the rights of
persons belonging to minority groups in the Sandjak and Vojvodina and of
persons belonging to the Bulgarian minority;
 
      11.   Calls upon the Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro) to act immediately to allow all residents in Kosovo to
participate freely and fully in the political, economic, social and cultural
life of the region, particularly in the areas of education and health care,
and to ensure that all the residents of the region are guaranteed equal
treatment and protection regardless of ethnic affiliation;
 
      12.   Calls upon the Government of the Republic of Croatia to fully
respect human rights and fundamental freedoms, including the rights of persons
belonging to any national, ethnic, religious or linguistic minority;
 
      13.   Also calls upon the Government of the Republic of Croatia to
undertake greater efforts to adhere to democratic norms, especially in regard
to the Zagreb city council and the protection of free and independent media,
and to cooperate fully with the United Nations Transitional Administration for
Eastern Slavonia, Baranja and Western Sirmium to assure that the reintegration
of Eastern Slavonia occurs peacefully and with respect for the human rights of
all residents and returning displaced persons and refugees, including their
right to remain, leave or return in safety and dignity;
 
      14.   Calls for the full and consistent implementation of the Peace
Agreement and the Basic Agreement by all the parties to them;
 
      15.   Urges all the parties to the Peace Agreement to create the
necessary political, social and economic conditions for the return of refugees
and displaced persons in safety and dignity;
 
      16.   Insists that all authorities in Bosnia and Herzegovina cooperate
fully with the Commission on Human Rights for Bosnia and Herzegovina, created
under annex 6 of the Peace Agreement, in particular by providing information
requested by the Human Rights Ombudsman and by participating in hearings
before the Human Rights Chamber, and demands that the Republika Srpska cease
its pattern of non-cooperation with the Commission;
 
      17.   Calls upon the Commission on Human Rights for Bosnia and
Herzegovina to intensify its activities concerning alleged or apparent
violations of human rights, or alleged or apparent discrimination of any kind;
 
      18.   Welcomes the commitments of the international community for
post-war reconstruction and development assistance, and encourages the
expansion of this assistance, while noting that such assistance should be
conditioned on full compliance by the parties with agreements that have been
made;
 
      19.   Urges the parties to create the necessary conditions for free and
fair municipal elections to be held as soon as possible and as envisaged in
the Peace Agreement, under the supervision of the Organization for Security
and Cooperation in Europe;
 
      20.   Welcomes the enactment by the Republic of Croatia on 20 September
1996 of a new general amnesty law, intended in part to promote confidence on
the part of the local Serb population, and calls for the proper implementation
of that law;
 
      21.   Calls upon the Government of the Republic of Croatia to allow the
expeditious return of all refugees and displaced persons and to use all
available means to secure their safety and human rights, and to investigate
and arrest those responsible for acts of violence and intimidation aimed at
driving people away;
 
      22.   Strongly condemns the continuing refusal of the authorities of the
Republika Srpska, the Government of the Federal Republic of Yugoslavia (Serbia
and Montenegro), certain other elements within the Federation and to some
extent the Government of the Republic of Croatia to arrest and surrender
indicted war criminals known to be present in their territories, as they have
agreed to do under the Peace Agreement;
 
      23.   Urgently calls upon all States and all parties to the Peace
Agreement to meet their obligations to cooperate fully 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, as required by Security Council resolution 827 (1993),
including with respect to surrendering persons sought by the International
Tribunal, and urges all States and the Secretary-General to support the
Tribunal to the fullest extent possible, in particular, by helping to ensure
that persons indicted by the Tribunal stand trial before it;
 
      24.   Demands that the Government of Bosnia and Herzegovina, in
particular the authorities of the Republika Srpska, and the Government of the
Federal Republic of Yugoslavia (Serbia and Montenegro) ensure full and free
access to their territories to all institutions and organizations concerned
with the implementation of the present resolution, including non-governmental
organizations;
 
      25.   Welcomes the interim reports 8, 9 of the Special Rapporteur of the
Commission on Human Rights on the situation of human rights in the territories
of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of
Yugoslavia (Serbia and Montenegro), and commends the Special Rapporteur and
the Human Rights Field Operation in the former Yugoslavia for their continuing
efforts; 
 
      26.   Urges all parties to implement fully the recommendations of the
Special Rapporteur of the Commission on Human Rights;
 
      27.   Calls upon the authorities of the States and entities within the
mandate of the Special Rapporteur to cooperate with her and to provide her on
a regular basis with information about the actions they are taking to
implement her recommendations;
 
      28.   Reaffirms, as recommended previously by the Special Rapporteur,
that major reconstruction aid must be made conditional on demonstrated respect
for human rights, emphasizes in that context the necessity of cooperation with
the International Tribunal, and welcomes in this regard the conclusions of the
meeting of the ministerial Steering Board and the Presidency of Bosnia and
Herzegovina, held in Paris on 14 November 1996;
 
      29.   Welcomes the efforts of the Organization for Security and
Cooperation in Europe, the Council of Europe, the European Community
Monitoring Mission and the United Nations High Commissioner for Human Rights
in monitoring and strengthening the respect for human rights and fundamental
freedoms in Bosnia and Herzegovina and the region;
 
      30.   Calls upon the parties to the Peace Agreement to take immediate
steps to determine the identity, the whereabouts and the fate of missing
persons, in particular near Srebrenica, ~epa, Prijedor, Sanski Most and
Vukovar, including through close cooperation with the International Commission
on Missing Persons in the Former Yugoslavia, other international humanitarian
organizations and independent experts, and commends the work undertaken by the
expert member of the Working Group on Enforced or Involuntary Disappearances
of the Commission on Human Rights, the Special Rapporteur, the Working Group
on the Process for Tracing Persons Unaccounted For, chaired by the
International Committee of the Red Cross, and the Expert Group on Exhumation
and Missing Persons, chaired by the High Representative, and stresses the
importance of coordinating work in this area;
 
      31.   Encourages all Governments to respond favourably to appeals for
voluntary contributions for the benefit of the Commission on Human Rights for
Bosnia and Herzegovina, the Commission for Real Property Claims of Displaced
Persons and Refugees for Bosnia and Herzegovina, the International Commission
on Missing Persons in the Former Yugoslavia, the United Nations High
Commissioner for Human Rights/Centre for Human Rights and other institutions
of reconciliation, democracy and justice in the region;
 
      32.   Decides to continue its examination of this question at its fifty-
second session under the item entitled "Human rights questions".
      
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