The situation in Bosnia and Herzegovina, G.A. res. 51/203, 51 U.N. GAOR Supp. (No. 49) at 65, U.N. Doc. A/51/49 (Vol. I) (1996).


 
      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"),
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, 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"), 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, 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, 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 Br~ko 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".
      

 

 



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