S/PV.3697 Security Council

I should like to inform the members of the Council that I have received a letter from the representative of Croatia, in which he requests to be invited to participate in the discussion of the item on the Council’s agenda. In conformity with the usual practice, I propose, with the consent of the Council, to invite that representative to participate in the discussion, without the right to vote, in accordance with the relevant provisions of the Charter and rule 37 of the Council’s provisional rules of procedure. There being no objection, it is so decided.

The Security Council will now begin its consideration of the item on its agenda. The Council is meeting in accordance with the understanding reached in its prior consultations. Members of the Council have before them the further report of the Secretary-General on the situation of human rights in Croatia pursuant to Security Council resolution 1019 (1995), document S/1996/691. Members of the Council have received photocopies of a letter dated 16 September 1996 from the President 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 addressed to the President of the Security Council, which will be issued as a document of the Security Council under the symbol S/1996/763. Following consultations among members of the Security Council, I have been authorized to make the following statement on behalf of the Council: “The Security Council notes progress in the humanitarian and human rights situation in some areas. The Council regrets, however, that many of its previous requests have not been complied with by the Government of Croatia. Numerous incidents threatening the population in the formerly Serb-controlled areas are a continuing source of concern and could jeopardize the prospects for peaceful and substantial reintegration of refugees and displaced persons in Croatia. “The Security Council commends the Agreement between the Republic of Croatia and the Federal Republic of Yugoslavia, signed in Belgrade on 23 August 1996, and expects the commitments contained therein to be implemented. “The Security Council recognizes steps taken by the Government of Croatia to reintegrate refugees and displaced persons into Croatia but urges the Government to expand its programme to accelerate the return of all such persons without preconditions or delay. The Council urges the Government of Croatia also to expand its humanitarian relief efforts, especially as winter approaches. “The Security Council in the statement of its President of 3 July 1996 (S/PRST/1996/30) highlighted the need for adoption of a comprehensive amnesty law, in cooperation with the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium (UNTAES). Since the report of the Secretary-General of 23 August 1996, which found no substantial progress in this regard since passage of the Government of Croatia’s amnesty law of 17 May 1996, the Republic of Croatia on 20 September 1996 enacted a new amnesty law. The Council welcomes this development as a step towards addressing the concerns outlined by the Statement of the President on 3 July 1996 and emphasizes that such a law must be implemented without delay and in a fair and equitable manner, with full respect for “Despite some positive developments, the Security Council is deeply concerned that residents of the Krajina and Western Slavonia continue to suffer from inadequate security, including the danger of theft or assault at any time. The Council also notes with concern attacks and threats against those engaged in humanitarian relief activities and human rights monitoring in the area. In particular it deplores the reported involvement of Croatian uniformed military and police officials in acts of looting and harassment. “The Security Council urges the Croatian authorities to act immediately to improve the security situation in those regions. It urges that Croatian officials ensure that members of the military and police refrain from criminal and other unacceptable behaviour, and increase their efforts to protect the human rights of all persons present in Croatia, including the Serb population. “The Security Council welcomes the recommendations made by the Secretary-General in his report for specific action which must be taken to improve the human rights situation in the Republic of Croatia, inter alia in the framework of the Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium (S/1995/951, annex), as part of the peace process towards a comprehensive political settlement in the region. In this context, the Council calls upon the Government of Croatia to expand investigations of crimes committed against the Serb population in 1995. The Council again calls upon the Government of Croatia to rescind its decision of September 1995 suspending certain constitutional provisions affecting the rights of national minorities, principally Serbs. “The Security Council recalls that no individual should be arrested and detained on the territory of the former Yugoslavia for serious violations of international humanitarian law until and unless the International Tribunal has reviewed the case and agreed that the warrant, order, or indictment meets international legal standards. “The Security Council will remain seized of the matter and requests that the Secretary-General continue to report on the situation, in any case no later than 10 December 1996.” This statement will be issued as a document of the Security Council under the symbol S/PRST/1996/39. The Security Council has thus concluded the present stage of its consideration of the item on the agenda. The Security Council will remain seized of the matter.