A/51/PV.85 General Assembly
The meeting was called to order at 10.10 a.m.
Vote:
A/RES/51/190
Recorded Vote
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51. Declaration of the Assembly of Heads of State and Government of the Organization of African Unity on the aerial and naval military attack against the Socialist People’s Libyan Arab Jamahiriya by the present United States Administration in April 1986
It is my understanding that, after the necessary consultations, consideration of this item may be deferred to the fifty-second session of the General Assembly.
May I take it that it is the wish of the Assembly to defer consideration of the item and to include it in the provisional agenda of the fifty-second session?
It was so decided.
145. United Nations Decade of International Law Report of the Sixth Committee (A/51/625) The Sixth Committee adopted draft resolution I, entitled “United Nations Decade of International Law”, without a vote. May I take it that the Assembly wishes to do the same?
Vote:
31/37
Consensus
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 51?
It was so decided.
148. Report of the United Nations Commission on International Trade Law on the work of its twenty- ninth session Report of the Sixth Committee (A/51/628)
Vote:
31/37
Consensus
52. Armed Israeli aggression against the Iraqi nuclear installations and its grave consequences for the established international system concerning the peaceful uses of nuclear energy, the non-proliferation of nuclear weapons and international peace and security
Members will recall that on 20 September 1996, the Assembly decided to include this item in the agenda on the fifty-first session of the General Assembly.
It is my understanding that it would be desirable to defer consideration of this item to the fifty-second session of the General Assembly.
May I take it that it is the wish of the General Assembly to defer consideration of this item and to include it in the provisional agenda of the fifty-second session?
It was so decided.
This concludes our consideration of agenda item 52.
Vote:
32/413
Consensus
53. Consequences of the Iraqi occupation of and aggression against Kuwait
Members may recall that on 20 September 1996, the Assembly decided to include this item in the agenda of the fifty-first session of the General Assembly.
May I take it that it is the wish of the Assembly to defer consideration of this item and to include it in the provisional agenda of the fifty-second session?
It was so decided.
Vote:
32/413
Consensus
This concludes our consideration of agenda item 53.
54. Implementation of the resolutions of the United Nations
Members will recall that on 20 September 1996, the Assembly decided to include this item in the agenda of the fifty-first session.
It is my understanding that there is no request to consider this item at the present session.
May I take it that it is the wish of the General Assembly to defer consideration of this item to the fifty- second session and to include it in the provisional agenda of that session?
It was so decided.
Vote:
31/100
Consensus
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 54?
It was so decided.
57. Question of the Comorian Island of Mayotte
Members will recall that on 20 September 1996, the Assembly decided to include this item in the agenda of the present session.
It is my understanding that after the necessary consultations, consideration of this item may be deferred to the fifty-second session of the General Assembly.
It was so decided.
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 57?
It was so decided.
17. Elections to fill vacancies in subsidiary organs and other elections (c) Election of the Executive Director of the United Nations Environment Programme Note by the Secretary-General (A/51/718)
In his note in document A/51/718, the Secretary-General informs the Assembly that, bearing in mind the current process of review of the economic and social sectors of the Organization under the aegis of the General Assembly, and pending the outcome of the nineteenth session of the Governing Council of the United Nations Environment Programme, to be held in January 1997, and of the special session of the General Assembly on the review of Agenda 21, in June 1997, he recommends to the General Assembly that the term of office of Ms. Elizabeth Dowdeswell as Executive Director of the United Nations Environment Programme be extended for a period of one year beginning 1 January 1997.
May I take it that the General Assembly agrees to extend the term of office of Ms. Elizabeth Dowdeswell as Executive Director of the United Nations Environment Programme for a period of one year beginning on 1 January 1997, as recommended by the Secretary-General?
It was so decided.
We have thus concluded our consideration of agenda item 17 (c).
If there is no proposal under rule 66 of the rules of procedure, I shall take it that the Assembly decides not to discuss the reports of the Fifth Committee which are before the Assembly today.
It was so decided.
Statements will therefore be limited to explanations of vote or position.
The positions of delegations regarding the recommendations of the Fifth Committee have been made clear in the Committee and are reflected in the relevant official records. May I remind members that under paragraph 7 of decision 34/401 the Assembly agreed that
“When the same draft resolution is considered in a Main Committee and in plenary meeting, a delegation should, as far as possible, explain its vote only once, i.e., either in the Committee or in plenary meeting unless that delegation’s vote in plenary meeting is different from its vote in the Committee”.
May I remind delegations that, also in accordance with General Assembly decision 34/401, explanations of vote are limited to 10 minutes and should be made by delegations from their seats.
Before we begin to take action on the recommendations contained in the reports of the Fifth Committee, I should like to advise representatives that we are going to proceed to take decisions in the same manner as was done in the Committee.
12. Report of the Economic and Social Council Report of the Fifth Committee (A/51/706)
The Assembly will now take a decision on the draft decision recommended by the Fifth Committee in paragraph 4 of its report.
May I take it that the Assembly wishes to adopt the draft decision?
The draft decision was adopted.
It was so decided.
123. Financing of the United Nations peacekeeping forces in the Middle East (a) United Nations Disengagement Observer Force Report of the Fifth Committee (A/51/724)
The Assembly will now take a decision on the draft decision recommended by the Fifth Committee in paragraph 6 of its report.
The Committee adopted the draft decision, entitled “Financing of the United Nations Disengagement Observer Force”, without a vote. May I take it that the Assembly wishes to do the same?
The draft decision was adopted.
We have thus concluded this stage of our consideration of agenda item 123 (a).
(b) United Nations Interim Force in Lebanon
Report of the Fifth Committee (A/51/725)
The Assembly will now take a decision on the draft decision recommended by the Fifth Committee in paragraph 6 of its report.
The Committee adopted the draft decision, entitled “Financing of the United Nations Interim Force in Lebanon”, without a vote. May I take it that the Assembly wishes to do the same?
The draft decision was adopted.
We have thus concluded this stage of our consideration of agenda item 123 (b).
Financing of the activities arising from Security Council resolution 687 (1991)
(a) United Nations Iraq-Kuwait Observation Mission
Report of the Fifth Committee (A/51/726)
The Assembly will now take a decision on the draft decision recommended by the Fifth Committee in paragraph 6 of its report.
The Fifth Committee adopted the draft decision, entitled “Financing of the United Nations Iraq-Kuwait Observation Mission”, without a vote. May I take it that the Assembly wishes to do the same?
The draft decision was adopted.
We have thus concluded this stage of our consideration of agenda item 125 (a).
153. Financing of the United Nations Mission in Bosnia and Herzegovina Report of the Fifth Committee (A/51/710)
The Assembly will now take a decision on the draft resolution recommended by the Fifth Committee in paragraph 6 of its report.
The Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 51/152).
We have thus concluded this stage of our consideration of agenda item 153.
154. Financing of the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium Report of the Fifth Committee (A/51/711) The Fifth Committee adopted the draft resolution without a vote. May I consider that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 51/153).
We have thus concluded this stage of our consideration of agenda item 154.
155. Financing of the United Nations Preventive Deployment Force Report of the Fifth Committee (A/51/712)
The Assembly will now take a decision on the draft resolution recommended by the Fifth Committee in paragraph 6 of its report.
The Fifth Committee adopted the draft resolution without a vote. May I take it that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 51/154).
We have thus concluded this stage of our consideration of agenda item 155.
Reports of the Sixth Committee
The General Assembly will now consider the reports of the Sixth Committee on agenda items 142 to 152. I request the Rapporteur of the Sixth Committee to introduce the reports of the Sixth Committee in one intervention.
If there is no proposal under rule 66 of the rules of procedure, I shall take it that the General Assembly decides not to discuss the reports of the Sixth Committee that are before the Assembly today.
It was so decided.
Statements will therefore be limited to explanations of vote.
The positions of delegations regarding the recommendations of the Sixth Committee have been made clear in the Committee and are reflected in the relevant official records.
May I remind members that under paragraph 7 of decision 34/401, the General Assembly agreed that
“When the same draft resolution is considered in a Main Committee and in plenary meeting, a delegation should, as far as possible, explain its vote only once, that is, either in the Committee or in plenary meeting, unless that delegation’s vote in plenary meeting is different from its vote in the Committee.”
May I remind delegations that explanations of vote are limited to 10 minutes and should be made by delegations from their seats.
Before we begin to take action on the recommendations contained in the reports of the Sixth Committee, I should like to advise representatives that we are going to proceed to take decisions in the same manner as was done in the Sixth Committee, except in those cases where delegations have already notified the Secretariat otherwise.
I should also hope that we may proceed to adopt without a vote those recommendations that were adopted without a vote in the Sixth Committee.
142. Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts Report of the Sixth Committee (A/51/622) The Sixth Committee adopted that draft resolution without a vote. May I consider that the Assembly wishes to do likewise?
The draft resolution was adopted (resolution 51/155).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 142?
It was so decided.
143. Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives Report of the Sixth Committee (A/51/623)
The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report.
The Sixth Committee adopted that draft resolution without a vote.
May I consider that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 51/156).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 143?
It was so decided.
Draft resolution I was adopted (resolution 51/157).
The Sixth Committee adopted draft resolution II, entitled “Electronic treaties database”, without a vote.
May I take it that the Assembly wishes to do likewise?
Draft resolution II was adopted (resolution 51/158).
The Sixth Committee adopted draft resolution III, entitled “1999 action dedicated to the centennial of the first International Peace Conference and to the closing of the United Nations Decade of International Law”, without a vote.
May I take it that the Assembly wishes to do the same?
Draft resolution III was adopted (resolution 51/159).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 145?
It was so decided.
Mr. Mabilangan (Philippines), Vice-President, took the Chair.
146. Report of the International Law Commission on the work of its forty-eighth session Report of the Sixth Committee (A/51/626)
The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report.
May I consider that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 51/160).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 146?
It was so decided.
The Assembly will now take a decision on the two draft resolutions recommended by the Sixth Committee in paragraph 10 of its report.
The Sixth Committee adopted draft resolution I, entitled “Report of the United Nations Commission on International Trade Law on the work of its twenty-ninth session”, without a vote.
May I take it that the Assembly wishes to do likewise?
Draft resolution I was adopted (resolution 51/161).
Draft resolution II is entitled “Model Law on Electronic Commerce adopted by the United Nations Commission on International Trade Law”.
The Sixth Committee adopted draft resolution II without a vote.
May I take it that the Assembly wishes to do the same?
Draft resolution II was adopted (resolution 51/162).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 148?
It was so decided.
Report of the Committee on Relations with the Host Country Report of the Sixth Committee (A/51/629)
The Assembly will now take a decision on the draft resolution recommended by the Sixth Committee in paragraph 8 of its report.
The Sixth Committee adopted the draft resolution without a vote.
May I consider that the Assembly wishes to do the same?
The draft resolution was adopted (resolution 51/163).
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 149?
It was so decided.
152. Progressive development of the principles and norms of international law relating to the new international economic order Report of the Sixth Committee (A/51/632)
The Assembly will now take a decision on the draft decision recommended by the Sixth Committee in paragraph 6 of its report.
The Sixth Committee adopted the draft decision without a vote. May I consider that the Assembly wishes to do the same?
The draft decision was adopted.
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 152?
It was so decided.
56. —
I have the honour to speak on behalf of the European Union. The following associated countries align themselves with this statement: Bulgaria, Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. Iceland and Norway have also aligned themselves with this statement.
In the two years since this item was last considered by the General Assembly, the situation in Bosnia and Herzegovina has changed immeasurably. The war is over, elections have been held, common institutions are being established and, with the return of peace, the process of reconstruction and reconciliation can begin. The first year of the implementation of the Peace Agreement for Bosnia and Herzegovina is coming to an end, and we are now embarked on the consolidation phase of the peace process in the former Yugoslavia.
Last month in Paris and two weeks ago at the London Peace Implementation Conference, decisions were taken building on the achievements of the past two months, aimed at consolidating peace, encouraging reconciliation and economic, political and social regeneration in order to restore Bosnia and Herzegovina to economic health and prosperity and to enable it to take its rightful place in the region and in Europe. These important objectives will require the full commitment of the leaders of Bosnia and Herzegovina and, for the immediate future, the support of the international community. The latter can only be forthcoming as long as the authorities at all levels in Bosnia and Herzegovina pledge themselves willing to take all necessary steps to work towards the functioning of a multi- ethnic State with institutions that enjoy the support and confidence of all its citizens.
As we look towards a brighter and more hopeful future for Bosnia and Herzegovina, the European Union would wish to pay tribute to all the men and women from the international community who have made such a major contribution in helping to bring us to this new horizon. We acknowledge the dedicated work of the High Representative and his team, the International Implementation Force (IFOR) and the United Nations International Police Task Force. The holding of elections on 14 September and the fact that they were held in a largely peaceful and dignified manner represent major steps in the peace process. We wish to acknowledge the crucial role which the Organization for
The European Union also welcomes the adoption by the Security Council last week, on 12 December, of resolution 1088 (1996), authorizing the establishment of a multinational Stabilization Force as the legal successor to IFOR.
The European Union wishes to remember the many civilians who died as innocent victims of brutal and terrible violence, and the injured, too many of whom will suffer in great pain for the rest of their lives. We also remember the service personnel who died while serving as members of the United Nations peacekeeping operations. The best service that we can render to the victims of the war is to tackle its causes in such a way that the horror of violence can never return. That must now be the objective of the new Government of Bosnia and Herzegovina, with the support of the international community.
The European Union and many of the States which have aligned themselves with this statement are playing a full and active role in both the military and the civilian implementation of the Peace Agreement in Bosnia and Herzegovina. We reaffirm our willingness to contribute, through all the means at our disposal, to the consolidation of peace and self-sustaining stability in the region. This has been clearly set out in the Declaration adopted by the Heads of State and Government of the European Union at the European Council in Dublin on 14 December.
The European Union can make a particular contribution to the process of stabilization and economic renewal through the development of relations with all the countries of the region within a framework that promotes democracy, the rule of law, higher standards of human and minority rights, transformation towards market economies and greater cooperation between those countries.
However, it is a fundamental principle of our approach that the Peace Agreement signed at Paris in December last year remains valid and operational. This applies equally to the Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium and the Washington Agreements on the Bosnian Federation. It is
The European Union calls on all the parties to work together to ensure the full implementation of the Constitution of Bosnia and Herzegovina and, in particular, that government structures at all levels become fully functioning so that responsibility for their operation can be transferred by the international agencies which have been dealing with them until now. The establishment of a market economy based on respect for free-market and open-trading principles in Bosnia and Herzegovina will enable the country to reduce its dependence on international aid and help to stimulate the economic environment.
We welcome the progress that has been made in establishing freedom of movement between the entities since the signing of the Peace Agreement. There is, however, considerable room for improvement. Incidents of intimidation and harassment continue to add to the sense of insecurity and mistrust felt by many people. Unless urgent steps are taken to reduce the episodes of confrontation between ethnic groups — which are often violent and in some cases lead to the deaths of innocent people — the necessary progress in facilitating the voluntary and safe return of refugees will not be achieved. In turn, this can only help to inflame the sense of alienation felt by many refugees and displaced persons, thereby reinforcing the ethnic divide which four years of war have deepened.
The voluntary repatriation and reintegration of refugees and displaced persons in conditions of safety and dignity remain a fundamental provision of the Peace Agreement. In this regard, we call on all the parties to cooperate fully with the Office of the United Nations High Commissioner for Refugees. In addition to the severe shortage of housing space and the consequent housing- reconstruction effort that is required, a number of political obstacles, in particular property-rights violations, continue to exist. Unless immediate steps are taken by the parties concerned — for example, through the removal of administrative and legal barriers — one of the most important provisions of the Peace Agreement will remain unfulfilled, with grave political and economic consequences for the future of Bosnia and Herzegovina. The European Union has stressed repeatedly that, without a significant increase in the number of people returning to their homes of origin, the unacceptable movement towards the
The European Union considers that full respect for human and minority rights is a key priority for the next two years and it calls for cooperation by all parties with human-rights monitoring agencies. Without this, the basic human rights and fundamental freedoms of the peoples of Bosnia and Herzegovina, including the rights of persons belonging to minorities, will be denied, with long-term damage to the goal of a multi-ethnic State.
The European Union reiterates its strong support for the work of the International Tribunal for the Former Yugoslavia. It reaffirms the importance it attaches to a markedly improved cooperation by all parties with the Tribunal in its effort to bring war criminals to justice. The parties must abide by the commitments which they have made to pursue those responsible for crimes and hand over indicted suspects.
While welcoming the positive steps which have been taken in 1996 towards the normalization of relations between the former Yugoslav republics — including, most recently, in the case of Bosnia and Herzegovina and the Federal Republic of Yugoslavia — the European Union continues to attach considerable importance to the resolution of outstanding problems relating to the assets of the former Socialist Federal Republic of Yugoslavia. In this regard, the European Union supports fully the continuation of the activities of the working group on succession issues and expects all five successor States to cooperate fully in efforts to resolve these issues.
The European Union looks forward to the next two years as a period of consolidation of peace, democracy and civil society in Bosnia and Herzegovina. It has already confirmed its willingness to contribute to this objective and to the economic renewal of the region through the development of contractual relations with the countries of the former Yugoslavia, keeping in mind the fundamental principles which govern such relations.
My delegation is pleased to have the opportunity to participate in the debate on the item entitled “The situation in Bosnia and Herzegovina”. This debate allows this Assembly to assess the progress achieved to date in the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina. It also sends a fitting message about the continued interest of the international community in
While the Dayton Peace Agreement has laid a constructive basis for the cessation of armed hostilities and the creation of a favourable climate for the formation of a stable and durable structure of state in Bosnia and Herzegovina, a great deal needs to be done to translate the pious desire of the international community into a working reality. It is heartening to note that, in accordance with the provisions of the Peace Agreement, elections for national offices were held last September. This was certainly a welcome move in the right direction. It is true that the circumstances preceding the elections were not always at the desirable level. Nonetheless, the resolve of the Bosnian people to defeat the forces of disruption prevailed and the elections eventually produced an acceptable outcome.
We salute the determination, sincerity and hard work of the people of Bosnia and Herzegovina towards that objective. The strong support of the international community also played a critical role in making this event of great importance a success. We are encouraged by the commendable efforts being made by the Bosnian Government to find common ground on which all the parties can work together towards building common institutions and common future through full implementation of the elements of the Peace Agreement.
Nonetheless, the situation in Bosnia and Herzegovina remains far from desirable. Despite repeated efforts, the differences in perception of the nature, composition and scope of the national institutions have not been bridged as yet. Strong ethnic loyalties define the outlook of each community, impinging on the durability of the state structure. Circumstances are deliberately created to discourage refugees and displaced persons from returning to their homes and towns. Recent reports of the destruction of houses in some Serb-held territories definitely reflect a negative development. One is told that these are the result of an orchestrated move to scare the refugees and displaced persons out of their houses. It must not be forgotten that no political solution can survive in Bosnia and Herzegovina if people are not allowed to return to their communities and exercise their right to determine the future of Bosnia and Herzegovina. Trust can be restored only through contact and productive interactions among the people of the Federation.
Speedy completion of the trials of war criminals is yet another acid test for restoring normalcy in Bosnia and Herzegovina. We are indeed disappointed at the slow pace
The recent 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 clearly demonstrates how the work of the Tribunal is being delayed by the non-cooperation of some of the parties. We demand that all parties honour their commitment in this regard. One must remember that the success of the Tribunal in completing its work is not only a legal priority; it will, in large measure, define the attitude of the international community towards handling violations of human rights and humanitarian laws in the future.
The success of this process also holds the key to the future course of events in Bosnia and Herzegovina and elsewhere in the world. It is therefore incumbent on all of us to extend full support, including financial and moral support, to the Tribunal in the completion of its mandated work. As for Bangladesh, we are ready not only to offer our legal services for trying the war criminals, but also to extend legal services to the Bosnian Government on matters of State succession.
Despite the fact that armed hostilities on the ground have relented, progress in other military related matters, particularly in the reduction of armaments in the region, has remained limited. We believe that scrupulous compliance with all the provisions of the Subregional Arms Control Agreement could serve as an effective confidence-building measure among all the parties involved in the conflict. Support from the regional organizations and the international community in terms of verification and enforcement of the terms of the Agreement would be of immense value. In this connection, we welcome the conclusions of the Peace Implementation Conference held in London recently, at which all the concerned parties reaffirmed their commitment towards a detailed action plan to implement the Peace Agreement. We hope that this action plan will suitably support the implementation of the principles of the Civilian Consolidation Plan as agreed in Paris last month.
Bangladesh has remained steadfast in its support of the just struggle of the people of Bosnia and Herzegovina in the face of the most vicious aggression against their
Bangladesh has repeatedly declared its policy of remaining unflinchingly committed to every move to bolster the capacity of the Government of Bosnia and Herzegovina to build a unified State structure and to deliver on the promises for constructing a multiracial and democratic policy. While we reiterate our commitment to contributing, in our humble way, to the reconstruction of Bosnia and Herzegovina, we would urge others to intensify the collective measures to support the efforts of the Bosnian Government in the reconstruction and rehabilitation process.
We believe that, by forcefully pronouncing itself on the subject, the Assembly could constructively supplement the efforts of the Bosnian people to maintain the territorial integrity, legal continuity and sovereignty of Bosnia and Herzegovina. The adoption of a forward-looking resolution in this regard would be a constructive step in this direction. Bangladesh is pleased to join others in sponsoring the draft resolution on this issue. It is our hope that the draft resolution will be adopted with the widest possible support of the Assembly.
Three months ago, our Foreign Minister, in addressing the General Assembly, reminded us that the tragedy of Bosnia is a warning. In assessing recent developments with cautious optimism, especially in the implementation of the Dayton Peace Agreement through the recent general elections, we in Brunei Darussalam will continue to give our strong support to the new Government in Bosnia.
At the same time, we feel that the Assembly should recognize the extent to which the events of the last five years reveal our shortcomings. In this light, I suggest that we apprise ourselves of the prevailing situation and consider measures which would contribute to the reduction or elimination of any such shortcomings. Unless we do this,
At the same time, though much has been achieved in improving the overall situation in Bosnia and Herzegovina since the signing of the Dayton Peace Agreement last year, our delegation feels that more needs to be done, especially in alleviating human suffering.
Though the Peace Agreement brought about the long-awaited end to ethnic war, enabled open hostilities to cease among ethnic groups in Bosnia and Herzegovina and prevented war from spreading to other Balkan areas, Brunei Darussalam recognizes the urgent need for the Agreement to be fully implemented.
Despite the recent holding of general elections in Bosnia and Herzegovina, full implementation has not occurred. In fact, it sometimes appears that there has been considerably less progress than predicted in terms of reducing tension between Bosnia’s three main ethnic communities. This is an issue which could be resolved by full implementation.
Presently, it seems that nationwide institutions exist mainly on paper and refugees remain unable to return to their homes. More worrisome is the fact that the country’s supposedly informal partition has become increasingly formal. This requires urgent attention, as it increases the risk of renewed military conflict, especially when foreign forces have been withdrawn.
For this reason, we would ask the international parties to the Dayton Peace Agreement to accept an obligation to ensure that free and fair municipal elections take place and that all sides participate in the newly created national institutions, such as the Presidency and the courts. Part of this obligation, we believe, is for the parties to the Agreement to assist the investigation of war crimes and the arrest of those already indicted. We also hope they will see to it that returning refugees find safe places to live. These two steps will greatly assist the cause of national unity.
Finally, of course, there are practical challenges, the biggest of which is to address the issue of reconstruction and, above all, the clearing of minefields.
In stressing the multitude of measures that need to be taken to keep the momentum of peace going in Bosnia and Herzegovina, my delegation wishes to express its appreciation for the contribution of the international
In this connection, my delegation would once more like to emphasize the importance of ensuring the full, effective, consistent and impartial implementation of the Dayton Peace Agreement and to urge the international community, particularly members of the United Nations Security Council, to support all measures designed to bring peace and unity to Bosnia and Herzegovina.
Linked to this is our hope that supportive countries and international institutions will give continued attention to the reconstruction of Bosnia and Herzegovina and that those who have pledged to disburse funds immediately in order to ensure timely completion of priority projects for rehabilitation and reconstruction, will indeed do so.
At the same time, the long-term peace and stability of the region will be greatly enhanced through the creation of a credible self-defence capability for the Federation. Hence, international support for the equipping and training of the Federation’s armed forces is an essential component of the whole Peace Agreement.
The situation now is remarkably different from that of a year ago, as far as both the political situation and the actual situation on the ground are concerned. However, these positive developments still require the commitment of an international presence, both military and civilian, though possibly different from the scope of that in place at present. This is vital if we are not to see a repetition of the situation of the last four years. Brunei Darussalam hopes that this matter will be given urgent attention, particularly by the countries of the region.
Regarding developments in the situation in Bosnia and Herzegovina, I join with those delegations which, having analysed the situation, supported the efforts of the international community to strengthen and stabilize the situation in the Republic. Two weeks ago, for example, the Peace Implementation Conference was held in London. The United Arab Emirates welcomed the Dayton Peace Agreement initialled on 21 November 1995, to which all the parties in the region subscribed. We also support the joint efforts of the international community and the Organization of the Islamic Conference.
The rebuilding of the infrastructure and the achievement of economic prosperity are essential for peace and stability in Bosnia and Herzegovina. In spite of the progress made by the donors in term of respect for the financial commitments undertaken at the ministerial conference held in Brussels, many of these contributions have yet to be made. Consequently, there is a large deficit in the financing of rehabilitation programmes and projects. The United Arab Emirates, which has committed itself to making its contribution to Bosnia and Herzegovina, would urge all parties to respect their financial commitments to help the people of Bosnia and Herzegovina. We believe that assistance, be it international or bilateral, cannot go on indefinitely. We need the cooperation of the parties concerned and commitment to the Peace Agreements in an objective and impartial manner.
The return to their homes of a great number of refugees and displaced persons, especially Muslims, is important. Indeed, their non-return is a violation of the Dayton Accords and other peace agreements. Consequently, we emphasize the importance of respect by the parties for the provisions on the return of refugees in dignity and with guarantees for proper conditions to their own territory. We should adopt the necessary steps to facilitate the return of individuals to their homes. Mines must be cleared and favourable conditions ensured for the return of refugees.
There are two essential factors for the establishment of a lasting and global peace. First, people accused of crimes against international law must be brought before the relevant tribunals for humanitarian and legal reasons. We would like to emphasize the importance for all the parties, especially the Serbian leaders, to cooperate fully with the international bodies concerned in order to bring all of those who might be guilty of grave violations of international law before the International Criminal Tribunal for the Former Yugoslavia. Secondly, thousands of detainees must be released.
Since the General Framework Agreement for Peace in Bosnia and
Troop demobilization has largely been achieved. Elections held in September 1996, with the participation of over 2.4 million voters, have brought democracy to the country and led to heightened prospects for the establishment of multi-ethnic common institutions. These are indeed remarkable achievements in a country that has been bitterly divided by war.
We cannot, however, be oblivious to the fact that Bosnia and Herzegovina is still a country divided along ethnic lines and is far from a unified nation composed of two entities, as envisioned at Dayton. The Peace Implementation Conference held in London this month noted with dismay and disappointment the lack of progress in critical areas of the Peace Agreement. It is undeniable that the rights of refugees and displaced persons have been trampled upon by the Bosnian Serbs through an unconscionable policy of harassment, intimidation, forced evictions and even burning of homes. It is poignant to note that, of the more than 2 million people who were forced to flee their homes, only 250,000 have returned. Freedom of movement is also being severely restricted in an attempt to maintain illicit control over segments of the population and territory of the country.
Furthermore, Dayton’s limitations on armaments have not been implemented. The Presidency, the Parliament and the judiciary are not yet functioning and those indicted for war crimes and other violations of international humanitarian law are yet to be apprehended and brought to justice. Most ominous of all is the resurgence of narrow nationalist aspirations that seek to undermine the prospect of restoring Bosnia and Herzegovina as an independent State within its internationally recognized borders.
At this stage of the fragile peace process, therefore, my delegation deems the resettlement of refugees to their homes of origin to be a principal and immediate concern. Their right to reclaim homes formerly occupied by them in areas now held by the Bosnian Serbs cannot be compromised if we are to reverse the goals of a war characterized by “ethnic cleansing”. Furthermore, despite
As the peace process has now reached a critical point of transition, it is essential that the new national institutions of a shared Presidency and legislature meet and begin to function without delay, thereby overcoming the division of the country into different enclaves, weakening the forces of separatism and bringing Bosnians together to rebuild and rehabilitate their land. In that way, territorial boundaries, established by conquest, that already divide Bosnia and Herzegovina along ethnic lines will end and Dayton’s prohibition against formal partition will be enforced.
The Indonesian delegation is of the view that a continuing military presence is essential to consolidate the gains achieved so far, to prevent rearmament and to maintain stability. In this context, the decision taken by the North Atlantic Treaty Organization (NATO) to continue the deployment of multinational military forces will reflect the international community’s resolve not only to facilitate a lasting peace in Bosnia and Herzegovina, but also to prevent the resumption of conflict, with its attendant disastrous consequences. My delegation is gratified to note the creation of the Stabilization Force to replace the Implementation Force for a planned period of 18 months. The implementation of the arms control accord by the agreed deadlines, in cooperation with the Organization for Security and Cooperation in Europe (OSCE), is another prerequisite for peace and security in the region. A military balance must be achieved until a unified Bosnian army is created.
The Republic of Bosnia and Herzegovina has accepted the reality of one State, two entities and three nations. The international community should therefore render its full support at this critical and historic moment, when it is committed to the full and consistent implementation of the General Framework Agreement for Peace reached at Dayton.
Against the backdrop of these sombre facts, the London Conference made important advances with respect
Finally, the supporting role of the United Nations should be continued in demining, strengthening the International Police Task Force, refugee rehabilitation, confidence-building, containing potentially explosive situations, maintaining contact with local authorities and disseminating information. The leaders of Bosnia and Herzegovina now have an unprecedented opportunity to achieve a sovereign and united country within the framework of a multi-cultural, multi-ethnic and multi-religious society, by reaffirming their commitment to the Dayton Peace Accords and the full implementation of their provisions.
The General Assembly is today considering the situation in Bosnia and Herzegovina. Over the past few years, we have considered this item with sadness born of the odious acts of “ethnic cleansing” committed against the people of Bosnia and Herzegovina. Recent significant developments, however, have put an end to that bloody struggle, during which our brother people were the victims of brutal aggression and genocide and which has now given way to the peace so greatly desired by peoples throughout the world.
Kuwait has already welcomed the Dayton/Paris Peace Agreements, which were concluded in 1995. We continue to support the full implementation of all the provisions of those agreements, which are the basic machinery for achieving a just and lasting peace in Bosnia. Kuwait has also welcomed the peaceful steps taken by the Republic of Bosnia and Herzegovina to put an end this tragedy and to safeguard the legitimate rights of its people. These measures include the recent elections in Bosnia, the results of which demonstrated that the President of Bosnia, Alija Izetbegovic´, enjoyed the full confidence of his people. We should like to reaffirm the fact that Kuwait has already
First, there is a need to implement fully all the provisions of the Dayton and Paris Peace Agreements; these provisions must be implemented as a whole, not partially. Secondly, emphasis must be placed on the independence, sovereignty and territorial integrity of the Republic of Bosnia and Herzegovina within its internationally recognized borders. Thirdly, there must be full support for 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; States and parties to the Peace Agreement must meet their obligations to cooperate fully with the Tribunal, as required by Security Council resolution 827 (1993), which established the Tribunal, and should cooperate in the arrest and surrender of those accused as soon as possible. In this context, Kuwait welcomes the third annual report of the International Tribunal on its work. Finally, Kuwait is convinced that the support of the international community for the Peace Agreement for Bosnia should not be limited to moral and political support, but should also involve effective participation in order to help in the implementation of all of the provisions of the Agreement. This means financial and technical support to the Government of Bosnia to enable it to deal with some of the important problems facing it, such as the problem of refugees, to help it in establishing national institutions, and to help it in its efforts to lay the foundations for a State on the principles of peace, democracy and respect for human rights.
In this context, Kuwait would like to reaffirm its unwavering support for the people of Bosnia in their efforts to rebuild and rehabilitate their State, specifically through the provision of needed technical or political assistance. Among the most important indications of my country’s interest in the rebuilding of Bosnia and Herzegovina is the existence of a fund in Kuwait and the visit by a Kuwaiti delegation to Bosnia and Herzegovina, from 11 to 16 July, to evaluate the country’s economic situation.
After the ethnic war and following that visit, the Government of Kuwait signed an agreement last October with the Government of Bosnia stating that the fund is committed to providing technical assistance for a study of projects in the areas of health care and drinking water, the cost of which will be 350,000 Kuwaiti dinars. We shall also provide experts, and plan to make credit available for
My delegation would like once again to reaffirm that Kuwait, which has provided the people of Bosnia with major assistance during its difficulties in recent years, will spare no effort to continue to provide political and technical support as needed, with a view to consolidating the principles of peace, security and stability, which are absolutely necessary in order to safeguard the prosperity of all the peoples of the region.
Today we are considering the question of Bosnia and Herzegovina in the hope that the Dayton Agreement will be implemented to put an end to the horrendous tragedy caused by "ethnic cleansing" and racist narrow- mindedness. The Kingdom of Saudi Arabia welcomes the election victory of President Izetbegovic´ as President of the tripartite presidency, and believes that the results of the elections are a cause for optimism, since the forces of moderation have triumphed over the extremists, making Bosnia a multi-ethnic State where Serbs, Muslims and Croats can live together in peace. Nonetheless, despite the existence of the conditions necessary for free and fair elections in certain parts of Bosnia and Herzegovina, these elections were not fair, particularly in the Republika Srpska, because the electors were not able to express their viewpoints.
We say that the elections are cause for optimism despite the constant international press reports of Serb defiance. On 6 November the Bosnian Serbs demolished 96 houses owned by Muslim families who had been given permission to return to the villages under Serb control. Thus the Serbs have demolished 191 houses in a premeditated way over the past two months. This is a blatant challenge of the Dayton Peace Agreement, which grant the right of civilians in Bosnia to return to their villages and the homes they owned before the war, despite the presence of some 50,000 soldiers belonging to the Implementation Force (IFOR). The spokesman for the Office of the United Nations High Commissioner for Refugees (UNHCR) in Sarajevo, Mr. Janowski, declared that one of the houses that was demolished had earlier been rebuilt by UNHCR under an agreement signed by the authorities of the Republika Srpska. He said: We feel that this kind of challenge and these practices by the Bosnian Serbs represent the biggest threat to the comprehensive character of the Dayton/Paris Agreement and to the Implementation Force (IFOR) since peace was achieved. It is in reading 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 in following the investigations that took place throughout Bosnia and Herzegovina, which revealed clear evidence of mass burials — particularly in Srebrenica, the first site of exhumations; where 155 corpses were found with their hands and feet bound — that we realize the enormity of the human loss brought about by Serbian intransigence. We are also surprised by the broad range of crimes detailed in the report of the International Tribunal for the Former Yugoslavia of 16 August 1996. These include crimes perpetrated by the Yugoslav People’s Army (JNA) in November 1991 after the fall of Vukovar against unarmed civilians and others taking place at this very moment in other villages. In the war launched against Bosnia and Herzegovina — which included the seizure of territories and aggression in violation of the Charter of the United Nations — the people of Bosnia and Herzegovina are, quite simply, the victims of ethnic bias and a genocidal ideology. This aggression is not defined merely by religion or a particular ethnicity, but rather by an ideology of bias, arrogance and dictatorship. It is astounding to note that the negotiating parties that are trying to find a solution for Bosnia and Herzegovina and to implement the Dayton Accord include persons who have been indicted by the Tribunal in The Hague for having perpetrated crimes of genocide and crimes against humanity. At a time when the international mass media were portraying images of mass graves of civilians killed during the campaign of “ethnic cleansing” and genocide which has been consistently ascribed to the Republika Srpska, the same indicted war criminals who Bosnia and Herzegovina is trying to save its people, reconstruct the country, consolidate democracy and preserve human rights. What this young Republic wants is for the international community to prevent the war criminals responsible for these crimes to evade justice. We believe that the implementation of the Dayton Accord has met with one obstacle after another. These obstacles have been set up by those who do not want peace in Bosnia and Herzegovina. In Saudi Arabia, we supported peace and stability in the Republic of Bosnia and Herzegovina. Ours was a position of principle based on our unswerving commitment to the Charter of the United Nations, to the peaceful settlement of international disputes and to ensuring the vindication of the victim. There are several measures that can lead to stability and full commitment to the Dayton resolutions. The first is the consolidation of the territorial integrity of Bosnia and Herzegovina and the forceful repudiation of any attempt to divide the Republic. Secondly, we must assist Bosnia and Herzegovina in the completion of its infrastructures, the building of its national army and the provision of the necessary arms to face any foreign threat or a new collapse of the situation, particularly after the withdrawal of IFOR. Thirdly, we must offer the necessary support for Bosnia and Herzegovina’s reconstruction following the devastating aggression. The building of institutions to consolidate political stability and economic development in that country should be viewed as a prerequisite for peace, without which the objectives of the Dayton Accord cannot be achieved. Fourthly, it is necessary to prosecute and punish war criminals. If this is not done, any talk of ensuring human rights in the world will only prove to be futile and hypocritical. Bosnia and Herzegovina is a State Member of the United Nations. The international community cannot ignore the Charter of the United Nations or the international rules upon which it is founded. How can we guarantee international peace and security if we flout and ignore the Charter of the United Nations and resolutions of international legality? These are important matters to the consolidation of peace and constitute an international principle that ought to be fully implemented. This must be resolutely repeated in Bosnia and Herzegovina. We must never forget that the Dayton Peace Accord did not see the light of day until the international community demonstrated firmness and resolve. Peace in Bosnia and Herzegovina is still fragile. It needs further guarantees to be consolidated. The international community is capable of seeing to it that this is done.
The President returned to the Chair.
We are meeting today at a particularly critical juncture in the history of Bosnia and Herzegovina. Since the General Assembly last discussed the situation in Bosnia and Herzegovina over two years ago, many significant and encouraging developments have taken place.
While important strides have been taken towards resurrecting the unity and territorial integrity of the State of Bosnia and Herzegovina, there continues to be deep anxiety and concern over the complete and impartial implementation of the Dayton Peace Accord. The peace process in Bosnia and Herzegovina has yet to be made irreversible. The consequences of genocide and “ethnic cleansing” have yet to be undone. The vision of a united, multi-ethnic and multi-cultural State of Bosnia and Herzegovina, within its internationally recognized boundaries and with fully functional national institutions, continues to face significant impediments. The task of reconciliation has yet to be pursued in earnest and good faith. On the other hand, it is undeniable that the Government of Bosnia and Herzegovina has, without equivocation, fulfilled its obligations and remains earnestly desirous of the realization of the entire package of undertakings and commitments stipulated under the Dayton Peace Accord.
It is a matter of deep disappointment for Pakistan that the ideal of peace with justice for Bosnia and Herzegovina continues to be defeated, especially by delays in the prosecution and punishment of those
Pakistan fully subscribes to and endorses the view that an efficient and effective Tribunal could substantially contribute to the just settlement of the conflict in Bosnia and Herzegovina. It is therefore important that the international community urgently undertake efforts to impress upon the Security Council and other competent forums the need for devising effective measures to secure the detention and trial of indicted war criminals. In that context, a broad range of options could be explored, including vesting the Implementation Force (IFOR) and its successor Force with the necessary mandate and resources effectively to assist the Tribunal in the performance of its international responsibility.
Another issue of equal importance, which is indispensable to keeping the peace process on track, is the return of refugees and displaced persons to their homes in conditions of security and honour. This is, indeed, a critical component of the Dayton Accord and the only way to ensure the full revival of the State of Bosnia and Herzegovina within its internationally recognized borders. The return of refugees and displaced persons to their homes is also critical to the success of the democratization process, particularly the holding of municipal elections next year, which must be held under international supervision. Pakistan firmly believes that both the civilian and military mechanisms charged with the implementation of the Dayton Accord should be vested with the necessary authority to realize that objective as expeditiously as possible.
It is therefore imperative that the international community, particularly the guarantors of the Dayton Accord, the United Nations, the Organization for Security and Cooperation in Europe (OSCE), as well as the mechanisms devised to facilitate the Dayton peace process remain fully engaged and leave no stone unturned to make the Accord a self-fulfilling promise. The international community is obligated morally, legally and politically to provide and deploy the necessary resources to transform Bosnia and Herzegovina into a pivot of stability and tranquillity, not only in the Balkans but beyond. The international community must also strive to enable the
In its capacity as Chairman of the Organization of the Islamic Conference (OIC) Assistance Mobilization Group for Bosnia and Herzegovina, Pakistan is pleased to inform the Assembly that the OIC member States have continued to translate their political commitment to the unity, territorial integrity, sovereignty and political independence of Bosnia and Herzegovina through concrete action. This has taken the shape of various forms of bilateral assistance and contributions at the international pledging conferences, as well as establishing a nexus with regional organizations and mechanisms entrusted with the implementation of the Dayton peace process. The OIC has been represented in the meetings of the Steering Board of the Peace Implementation Council. OIC member States have assisted OSCE in monitoring the general elections held in September last. Several OIC States have assisted the important programme initiated to equip and train the Bosnian army. OIC States have also contributed to the Implementation Force and are actively participating in the International Police Task Force in Bosnia and Herzegovina. The OIC Assistance Mobilization Group will continue to closely evaluate and monitor the results of its efforts in the future, with a view to identifying and perhaps elaborating new modalities to fulfil its mandate more effectively.
Pakistan has consistently adopted a principled position throughout the crisis in Bosnia and Herzegovina and extended unqualified moral and political support to the people of Bosnia and Herzegovina. Pakistan is deeply committed to strengthening all efforts towards a negotiated settlement aimed at restoring lasting peace to the entire territory and at preserving its territorial unity and integrity within its internationally recognized borders. We cannot but strongly underscore that what is at stake is the fate not only of Bosnia and Herzegovina, but also of all weak and smaller States Members of our Organization.
At issue here is the very credibility of the United Nations, and particularly that of the Security Council, in upholding the immutable principles of the Charter — in this case, the sovereignty, political independence and territorial integrity of a sovereign Member of the United
Pakistan would like to take this opportunity to assure our Bosnian brethren of our fullest support in their endeavours to overcome the formidable problems that face their country and people. We are confident that Bosnia and Herzegovina will have the resilience and strength to overcome these problems.
The draft resolution before this Assembly today embodies the principles which set forth the minimum that must be accomplished by the international community if there is to be a just and lasting peace settlement in Bosnia and Herzegovina. Pakistan is a sponsor of this draft resolution and earnestly hopes that all Member States will support its adoption without a vote.
This is a time for genuine reconciliation. This is a time for healing deep scars. This is a time for forgetting differences and building peace for all people involved in the conflict. Some wounds, however, can never be healed. Some heinous crimes must not go unpunished. The principle of international prosecution, established and reaffirmed during the conflict in the former Yugoslavia, should not be scuttled. Those responsible for inflicting grievous harm on hundreds of thousands of people must face the consequences of their crimes.
Pakistan, for its part, shall continue to stand in support of the international community as the firm guarantor of the territorial integrity and sovereignty of the Republic of Bosnia and Herzegovina. The crisis in Bosnia and Herzegovina was a test for our civilization. Our reaction was perfunctory and dilatory. Now that our hopes have been raised, we shall all be closely watching the actual process of implementation of the Dayton Peace Accord in order to sustain the momentum for peace. Let us also sincerely hope that we and our civilization will not be put to such a trial again in future.
I should like to propose that the list of speakers in the debate on this item be closed today at 12.45 p.m. My delegation is happy to note that some progress has been made in the implementation of the Peace Accord. The multinational Implementation Force (IFOR), which was established by the Security Council in accordance with the Peace Agreement, has played a pivotal role in stopping the fighting, enforcing the ceasefire and separating and demobilizing the warring factions. This made it possible to hold elections for the Presidency and higher-level bodies, which led to the establishment of the appropriate common state institutions. Malaysia is proud to have been part of IFOR. The progress achieved thus far should be not only preserved, but further consolidated. In this regard, Malaysia welcomes the unanimous adoption of Security Council resolution 1088 (1996) last Thursday. The resolution, inter alia, authorizes the establishment of a multinational Stabilization Force (SFOR) for a period of 18 months, as a legal successor to IFOR. It also authorizes the extension of the mandates of the United Nations Mission in Bosnia and Herzegovina (UNMIBH) and the International Police Task Force (IPTF) until 21 December 1997. Malaysia is honoured to have been invited to continue its participation in the new multinational Force. We believe that the continued presence of the international Force will be extremely useful in consolidating peace and providing conditions conducive to a successful implementation of the civilian aspects of the Peace Agreement. We wish, however, to re-emphasize the need for SFOR’s mandate to be expanded to include assistance for the implementation of the civilian aspects of the Peace Accord — in particular, the arrest and prosecution of war criminals, safe return of refugees and displaced persons, and freedom of movement. We recognize the important role played by IPTF in promoting civil security by working closely with the parties to achieve the fundamental reforms in law- enforcement institutions in Bosnia and Herzegovina. We In spite of the tangible progress achieved in the past 12 months, a lot more remains to be done. This includes the establishment of functional common institutions, economic reconstruction and rehabilitation, safe return of refugees and displaced persons, freedom of movement, respect for human rights, cooperation with the International Tribunal and compliance with the Subregional Arms Control Agreements. We are dismayed that success in these aspects of the peace plan has been disappointingly dismal. The establishment of common state institutions is fundamental to ensuring political stability, economic reconstruction and a stable and functional Government in Bosnia and Herzegovina. We therefore welcomed the holding of the elections for the Presidency and higher-level bodies on 14 September this year as an important step towards promoting democracy and consolidating the peace. We believe that just and fair municipal elections, to be held throughout Bosnia and Herzegovina next year, will further strengthen this process. We are encouraged to note that the Presidency has since been able to meet quite regularly and that an agreement has been reached regarding the formation of the Council of Ministers. We expect that the commitment made among members of the Presidency in Paris on 14 November 1996 for the early realization of the common institutions will be scrupulously honoured. The consolidation of peace in Bosnia and Herzegovina ought to be accompanied by rapid and vigorous economic reconstruction and rehabilitation. The country, ravaged by four long years of tragic ethnic war, needs a massive infusion of external assistance to restore its infrastructure and to rehabilitate its devastated economy. It requires urgent efforts in the construction of housing and the revitalization of industry to meet the pressing needs of returning refugees and displaced persons and to create jobs for the demobilized soldiers. These efforts are considered to be a basic precondition for the stabilization of peace in Bosnia and Herzegovina and the region as a whole. In this respect, we wish to re-emphasize the importance of providing the bulk of the rehabilitation assistance to the areas that have suffered the most devastation of war. The consolidation of peace is also contingent upon the safe return of refugees and displaced persons to their places Another issue of great concern to my delegation relates to support for the International Tribunal for the former Yugoslavia. Recently, the Tribunal Judges unanimously adopted a resolution, reflecting their growing sense that the Tribunal is being marginalized and its orders ignored. In this Assembly last month, the Tribunal President, Judge Antonio Cassese, strongly expressed his dismay at the lack of cooperation by the parties concerned in fulfilling their obligations to the Tribunal, as required by the Peace Agreement. We are also disturbed that the perpetrators of some of the worst crimes against humanity are still at large, free to undermine peace with impunity. It is most regrettable that those with the ability and authority to do so have ignored the orders of the Tribunal to apprehend the war criminals because of fears of reprisal or other reasons. Malaysia remains firm in its demand that those responsible for the war crimes in Bosnia and Herzegovina must be brought to trial and be punished for their horrendous acts. They must be held accountable for the atrocities which they committed and the suffering they inflicted upon thousands of people in Bosnia and Herzegovina. The Tribunal’s role is an important and critical contribution to the restoration and consolidation of peace in Bosnia and Herzegovina. The international community must therefore underscore the importance of the Tribunal’s work in the context of securing peace and reconciliation in Bosnia and Herzegovina by ensuring that justice is done to the victims of atrocities and aggressions. The international community should continue to provide strong support for the Tribunal, including financial support, to enable it to accomplish its unfinished tasks. My delegation considers that maintaining a credible balance of force is crucial for lasting peace, security and stability in the area. In this regard, we welcome the Subregional Arms Control Agreements signed in Vienna We welcome the agreement in principle reached between the Governments of Bosnia and Herzegovina and the Federal Republic of Yugoslavia (Serbia and Montenegro) to normalize their relations. We call on the Federal Republic of Yugoslavia (Serbia and Montenegro) to meet its obligation in establishing diplomatic relations without setting any preconditions. The parties to the Agreement must give their total commitment to the full implementation of the Peace Agreement. Any selective application of the Agreement by some parties is not acceptable and must be strongly resisted. At the same time, the international community, and in particular the sponsors of the Peace Agreement, have a vital and critical role to play in ensuring its success. While we urge the parties concerned to fulfil their obligations, it is appropriate that the international community renew its support for further efforts towards lasting peace and prosperity in Bosnia and Herzegovina. It is important, too, that the international community ensure respect for the independence, sovereignty, legal continuity and territorial integrity of Bosnia and Herzegovina within its internationally recognized borders. We should demonstrate our sincere commitment to preserving a unified multi- cultural and multi-religious Bosnia and Herzegovina by unanimously supporting this draft resolution.
It was so decided.
Following the Peace Agreement for the Republic of Bosnia and Herzegovina, a new chapter has opened in the Balkans. It is expected that this new chapter will include the necessary opportunities and guarantees for peaceful coexistence among the various groups in Bosnia and among the various countries in the region.
Although the fighting in Bosnia and Herzegovina has come to an end, much remains to be done in order for stability and a just peace to be restored. As the Secretary- General notes in his report, contained in document S/1996/1017, Bosnia and Herzegovina is still very far from the unified society in which all peoples would enjoy the widespread freedoms envisaged in the Peace Agreement.
It is, however, a matter of grave concern that separatist groups have actively attempted to promote these negative aspirations, which pose serious threats to peace and security in the region and to the democratic reunification of the State of Bosnia and Herzegovina.
In order to consolidate the peace, various provisions of the Agreement need to be fully and comprehensively implemented. We believe that, to this end, the following important steps, inter alia, should be taken.
First, any attempt to violate the territorial integrity, national unity or independence of the Republic of Bosnia and Herzegovina, within its internationally recognized borders and with Sarajevo as its capital, should be vigorously opposed and stopped. The results of the national elections held on 14 September 1996 — despite the fact that the conditions stipulated under the Peace Agreement were not fully observed — show that the people of Bosnia have opted for a multi-ethnic and multi- racial Republic. Therefore, all ethnic and racial groups in Bosnia should observe the elements and principles necessary for maintaining these characteristics and national unity.
Secondly, the effective and proper functioning of the International Tribunal for the former Yugoslavia should be fully guaranteed. This cannot be done unless cooperation with the Tribunal and compliance with its decisions are ensured. We are encouraged that the Republic of Bosnia and Herzegovina has cooperated fully with the Tribunal. As reflected in the third annual report of the Tribunal, the Republic of Bosnia and Herzegovina has been by far the most cooperative party. It has replied to nearly every warrant addressed to it and explained its inability to execute arrest warrants in Bosnian territories outside its control. It is the obligation of the international community to ensure the full compliance of those parties that have not cooperated with the decisions of the Tribunal. Peace and security in the region require that those individuals responsible for the perpetration of the
Thirdly, the necessary conditions for the return of refugees and displaced persons to their homes in safety and security should be provided. This return should be facilitated by the sincere assistance of the relevant international bodies. Furthermore, the freedom of movement of all Bosnians needs to be ensured. These steps, inter alia, can pave the way to holding democratic, free and fair elections at the municipal level.
Fourthly, the construction of Bosnia is the most daunting challenge facing not only the people of the Republic of Bosnia and Herzegovina, but also the international community as a whole. This process, which could strengthen peace and tranquillity, should be followed and implemented decisively, without any conditionality or undue delay.
Fifthly, the cooperation of all the parties — particularly the Serb Entity — with the regional stabilization and arms — limitation agreements, should be ensured.
As in the past, the Islamic Republic of Iran stands ready to support the Bosnian people in their difficult period of transition towards a lasting peace. We will continue to render our humanitarian assistance to the Bosnian people for the reconstruction of their country. Finally, as a sponsor of the draft resolution before the Assembly, we hope that it can be adopted with a vote.
One year after the signing of the Dayton Peace Agreement for Bosnia and Herzegovina, important and major provisions of the Agreement have been implemented. Hostilities have ceased, a zone of separation between the parties to the conflict has been established, national elections were held on 14 September last, and common institutions have been set up.
The door is therefore open to a return to normalcy in Bosnia and Herzegovina. Nonetheless, the non- implementation of some extremely important provisions of the Dayton Agreement obstructs reconciliation, could undermine mutual trust and hinder the return of refugees to their homes. We hope that the working group in charge of studying human rights issues will discuss a strategy to facilitate the rapid return of refugees under safe conditions. Furthermore, war criminals in Bosnia and Herzegovina
Thirdly, military parity and balance are an indispensable precondition for the return of peace and security to Bosnia and Herzegovina. This means all parties must respect the subregional disarmament agreement, including by declaring the exact numbers of arms in their possession and by surrendering prohibited weapons. The international community must monitor the implementation of this agreement at the regional and subregional levels, and the parties that do not comply with this agreement must be denounced, in accordance with the General Dayton Peace Agreement.
Military parity and balance in the region also require the army of Bosnia and Herzegovina to be well-enough equipped to ensure Bosnia and Herzegovina’s territorial integrity. In this respect, Qatar is pleased that the North Atlantic Treaty Organization (NATO) has established and decided to direct the multinational peace Force in Bosnia and Herzegovina in order to ensure the full and comprehensive implementation of the Dayton Peace Agreement.
Bosnia and Herzegovina’s economy must be rebuilt and revitalized in order to ensure peace and security in that country that has been ravaged by four years of war. Qatar would like to stress the importance of providing humanitarian and technical assistance in order to ensure the economic revitalization of the area, consolidate reconstruction and improve living conditions, in Bosnia and Herzegovina in particular, as well as in the region at large. In this respect, Qatar, at the Brussels aid-donors meeting in April 1996, pledged to provide $5 million for the implementation of various projects in Bosnia and Herzegovina. Projects in education, preventive health care and the revitalization of cultural and scientific organizations have been financed. Assistance has also been given to the families of war victims. In addition, Qatar’s charitable institutions have financed other humanitarian projects. Last month Qatar participated in the fifth meeting for the mobilization of resources for Bosnia and Herzegovina, which was held under the auspices of the Organization of the Islamic Conference. We have stated our readiness to host the sixth meeting devoted to that same objective, at a date to be announced, decided in consultation with the parties.
I should like, on behalf of the Government of Japan, to take this opportunity to pay a high tribute to the countries concerned and to the relevant international organizations for their contributions to the implementation of the Peace Agreement. Japan particularly appreciates the efforts of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), which is coordinating United Nations peace-implementation activities in the civilian sphere.
The situation in the field has improved dramatically since the Peace Agreement was signed one year ago, and the people in the region have begun to enjoy the fruits of peace. Indeed, the focus of implementation efforts by the international community and the Bosnian parties themselves has shifted to the civilian aspects of the Agreement. We note with satisfaction that the elections were held on 14 September 1996, which was an essential step towards achieving the objectives of the Peace Agreement.
I cannot but point out, however, that the path towards complete reconciliation is a long and difficult one. The prolonged conflict has resulted in deep divisions among the people. The process of implementing the peace in Bosnia and Herzegovina is only at the first stage, and there still remain important problems that must be addressed. These include the early formation and functioning of common institutions, the repatriation of refugees, the holding of municipal elections, respect for human rights, cooperation with the International Criminal Tribunal for the Former Yugoslavia and the promotion of rehabilitation and reconstruction.
In this regard, the recent Conferences in Paris and London were significant in setting the course of the peace- implementation process for the coming year. Japan expresses its full support for the conclusions reached at both Conferences.
The multinational Implementation Force (IFOR) has played an invaluable role in preventing the recurrence of conflict in Bosnia and Herzegovina. Japan welcomes Security Council resolution 1088 (1996), which decided to maintain an international presence, establishing for a planned period of 18 months a multinational Stabilization Force (SFOR). The presence of such a Force, as the legal
As part of this process, the United Nations has been deploying the International Police Task Force (IPTF) in order to strengthen the capabilities of the local police. Japan welcomes the Security Council decision to extend to 21 December 1997 the mandate of the UNMIBH, including this Task Force. Japan also wishes to express its support for the Mine Action Centre of UNMIBH and to urge the authorities in Bosnia and Herzegovina to give it their full cooperation.
The responsibility for peace implementation rests primarily with the authorities and the people of Bosnia and Herzegovina. Assistance from the international community for the achievement of this goal is predicated upon the compliance by the parties concerned with the Peace Agreement. Japan therefore calls upon the parties to comply fully, unconditionally and without further delay with their commitments regarding the release of prisoners, implementation of the constitutional framework, guarantee of freedom of movement, cooperation with the International Criminal Tribunal for the Former Yugoslavia, return of refugees and respect for human rights and international humanitarian law.
Since the Dayton Peace Agreement, Japan, as a member of the Ministerial Steering Board of the Peace Implementation Council, has participated actively in international efforts to assist in the implementation of peace. It also made substantial contributions to the civilian aspects, such as rehabilitation and reconstruction, the training of the local police, the repatriation of refugees and displaced persons and the holding of elections last September.
Japan reiterates its full support for the Member States and for all international organizations currently working for the implementation of the Peace Agreement. It stands ready to contribute further to efforts aimed at achieving a greater degree of stability and peace in Bosnia and Herzegovina.
Slovenia aligns itself with the statement on the situation in Bosnia and Herzegovina made earlier today by the Permanent Representative of Ireland on behalf of the European Union and associated States. At this stage we would like to make several additional points.
The military muscle which had been sadly missing in preceding years added the necessary credibility to the diplomatic process. The war has been stopped, and efforts to consolidate the peace are under way.
The decisions taken at the recent Conferences in Paris and London give rise to the expectation that these efforts will continue with the necessary vigour and determination, that is, with the quality which is essential for their success. Last week the Security Council adopted resolution 1088 (1996), which authorized the creation of the multinational Stabilization Force (SFOR) and extended the mandate of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), including the United Nations International Police Task Force (IPTF).
The list of the ongoing activities undertaken with a view to consolidating the peace in Bosnia and Herzegovina is impressive and gives rise to cautious optimism that success is possible. However, nothing should be taken for granted.
In his address to the recent Summit of the Organization for Security and Cooperation in Europe (OSCE) in Lisbon, Mr. Milan Kucˇan, the President of Slovenia, emphasized, that
“the initial success in implementation of the Peace Agreement for Bosnia and Herzegovina shows that with a combined effort and enough determination we are able to stand up against the war. But the case of Bosnia is also a case of mistaken assessments, wasted opportunities and neglect of the means of preventive diplomacy.
By all means, the success of the international action in Bosnia and Herzegovina will serve as an incentive for future efforts towards peace in the OSCE area. It is important, however, that we reinforce the fragile peace by a continued international presence in Bosnia and Herzegovina, and that its territorial integrity, political independence and democratic structure are finally ensured.”
The importance of the return of refugees is obvious. Without a meaningful, albeit gradual, voluntary repatriation of refugees there is very little hope that credible local elections can take place and that those institutions of democratic governance which are based on these elections could start to function. This, in turn, has a profound influence on the overall prospect of building democracy and safeguarding human rights in the country. The present situation is not encouraging. Freedom of movement is far from being guaranteed. Furthermore, the pressure to prevent the return of refugees continues. The devastating practice of the systematic destruction of homes where refugees wish to return has not stopped. This situation must cause very serious concern, and I emphasize that a more proactive engagement by the Stabilization Force is needed as an essential ingredient for the creation of an environment which would be sufficiently safe to encourage the return of refugees. Let us not forget the recent lesson that the absence of proactive military engagement only emboldens the extreme local elements in their practices of intimidation and human rights abuses. Such practices may render the return of refugees impossible and thus seriously undermine the efforts to stabilize the peace.
It is almost universally recognized by now that the effective functioning of the International war-crimes Tribunal is essential for the success of the process of peace in Bosnia and Herzegovina. Justice, of course, has an inherent value in every society. It is for that inherent value that justice must be done. Moreover, in the situation of Bosnia and Herzegovina, justice also represents an important political objective. It must separate those responsible for war crimes from other people and thus contribute to the creation of conditions for the people’s coexistence in the future. It must prevent a situation in which the culture of impunity would represent a permanent source of instability.
The United Nations and the Security Council have assumed a particular responsibility for the realization of justice in Bosnia and Herzegovina by creating the International war-crimes Tribunal. That responsibility
It is important to note that both the London Conference and the Security Council, in its recent resolution 1088 (1996), emphasized the obligation of the parties to fully cooperate with the Tribunal and that full cooperation includes the surrender for trial of all persons indicted by the Tribunal. It is gratifying that the London Conference established a very clear link between cooperation with the Tribunal and international economic assistance with the parties concerned. It is equally important that the Security Council, in resolution 1088 (1996), recognized that the multinational Force is authorized to take all necessary measures, including the use of force, to ensure compliance with annex 1-A of the Peace Agreement, including, I would emphasize, its provisions relating to the cooperation by the parties with the Tribunal, as contained in article IX, paragraph l.(g) and article X of annex 1-A.
While noting all these developments with satisfaction, we wish to underline that the Tribunal itself, in its report to the General Assembly, emphasized the fact that cooperation by the parties with the Tribunal has so far been very uneven. This suggests that all the efforts in the domain of implementation of the decisions mentioned must be focused on those parties which have not yet shown satisfactory, or, as is the case in particular with one of the parties, any cooperation with the Tribunal. The international community must be able to refrain from the habit of equal distribution of guilt, for justice requires that the problem be addressed with the necessary moral accuracy.
Justice will continue to be an important ingredient of the efforts for peace in Bosnia and Herzegovina, and it will have to be served in a variety of ways. One of them will be the need to protect and strengthen human rights and to prevent violations of these rights. Silence about violations of human rights in Bosnia and Herzegovina cannot be accepted. It is particularly important that all the international actors in Bosnia and Herzegovina be aware of this and that the principle of no silent witnesses is fully upheld.
Another aspect of justice, the importance of which will continue to grow, is the need to ensure that international assistance for the reconstruction of Bosnia and Herzegovina does not end up enriching the war criminals or assist in maintaining their organizations. Careful scrutiny of the recipients of international assistance will be necessary. Otherwise, international economic aid might strengthen the elements of destabilization.
Let me add, by way of conclusion, that we welcome the fact that the General Assembly continues to express the interest of the global community in the situation in Bosnia and Herzegovina. Slovenia will vote in favour of the draft resolution submitted to the General Assembly and would like to encourage the General Assembly to continue to show its interest in the situation in Bosnia and Herzegovina.
Programme of work
I should like to inform members that consideration of agenda item 16, entitled “Appointment of the Secretary-General of the United Nations”, will take place tomorrow, Tuesday, 17 December at 3 p.m. In order for the ceremony of appointment to proceed smoothly, I should like to state that, in accordance with past practice, the number of speakers will be limited to the Chairpersons of regional groups and the representative of the host country. I hope that their statements will not exceed five minutes.
I should also like to inform members that the consideration of the report of the Sixth Committee on agenda item 144, entitled “Convention on the law of the non-navigational uses of international watercourses” and contained in document A/51/624, is postponed to tomorrow, to allow time for the processing of the report of the Fifth Committee on programme budget implications of the draft resolution recommended by the Sixth Committee in paragraph 12 of its report.
I should like to inform members that consideration of the report of the Sixth Committee on agenda item 147, entitled “Establishment of
I should also like to inform members that consideration of the report of the Sixth Committee on agenda item 150, entitled “Report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization”, is postponed to tomorrow, December 17, as the third item, in order to allow time for the processing of the report of the Fifth Committee on the programme budget implications of draft resolution II, recommended by the Sixth Committee in paragraph 14 of its report.
I should further like to inform members that consideration of the report of the Sixth Committee (A/51/631) on agenda item 151, entitled “Measures to eliminate international terrorism”, has been postponed until tomorrow to allow time for the processing of the report of the Fifth Committee on the programme budget implications of the draft resolution recommended by the Sixth Committee in paragraph 11 of that report.
The meeting rose at 1.10 p.m.