S/PV.4379Resumption1 Security Council
▶ This meeting at a glance
20
Speeches
0
Countries
0
Resolutions
Topics
Peace processes and negotiations
Peacekeeping support and operations
Balkans and Caucasus conflicts
General debate rhetoric
Economic development programmes
Sustainable development and climate
Europe
Mr. Mejdoub (Tunisia) (spoke in French): I will
follow the example of the three speakers who spoke
before me earlier this afternoon and be as brief as
possible.
Tunisia wishes to thank Mr. Petritsch and Mr.
Klein for their statements and welcomes the positive
developments in the overall situation, which promote
inter-ethnic reconciliation and which are laying the
foundations for stable, democratic institutions for the
future of Bosnia and Herzegovina.
There are a few recent and salient points that I
should like to raise regarding developments in Bosnia
and Herzegovina that we feel are of particular
importance.
The first point is the adoption of the election law.
This is a decisive stage which, because of its nature
and its symbolic value, opens the way to ethnic
reconciliation and is preparing Bosnia and Herzegovina
for a pluralistic and truly democratic political life, with
a view to integration in the European process.
We also welcome the establishment of a
Consultative Partnership Forum that brings together the
Office of the High Representative and the Council of
Ministers. This forum will be a place for consultation
and coordination, with a View to guiding the decision-
making process in the direction of the best interests of
all of the inhabitants of Bosnia and Herzegovina.
Secondly, I turn to economic reform, which plays
an important role in ensuring the success of the entire
operation undertaken to date by the international
community in Bosnia and Herzegovina. In fact,
economic growth engenders social well-being, which
in turn leads to constructive activities. We believe,
therefore, that in rebalancing the budget account should
be taken of the social aspect of this question. It is also
urgent to seek structural solutions to the problem of
unemployment. Indeed, the creation of employment
can strengthen social coherence and facilitate ethnic
reconciliation.
Thirdly, we welcome the positive results achieved
in the field of judicial reform. It is vital that the
judiciary be independent, impartial and non-
discriminatory with respect to the entire Bosnian
population. Defendants must be firmly convinced that
judges are neutral. It is in this spirit that we welcome
the signing of the memorandum of understanding
between the two entities that are responsible for the
appointment of judges and prosecutors.
The fourth point concerns the return of minority
communities. This is the true indicator of the success
of the entire operation in Bosnia and Herzegovina. We
are pleased that, in the first half of 2001, there has been
a sizeable increase in the number of returning minority
members.
Fifthly, Tunisia attaches particular importance to
reform and to the modernization of the educational
system, whose ultimate goal is to promote tolerance
and inter-ethnic dialogue. We welcome the adoption of
a shared strategy for the modernization of education,
and we encourage the parties to continue their efforts
to fully implement the reform. The same applies to the
inter-religious dialogue, whose revitalization the High
Representative rightly called for.
In conclusion - and I promised that I would be
brief- I should like to say that, in spite of all of the
successes that have been achieved in various fields, we
believe that Bosnia and Herzegovina continues to
require solid support from the international community.
That support is vital in order to strengthen the entire
structure. We reiterate our position that any premature
disengagement would bear clear risks for the entire
region. It is essential to devise a careful exit strategy
for any disengagement, taking into account the overall
situation in the Balkans and the capacity of Bosnia and
Herzegovina to handle its own affairs.
Mr. Ryan (Ireland): We welcome Mr. Wolfgang
Petritsch and thank him for his informative briefing on
the situation in Bosnia and Herzegovina. We commend
his excellent work in implementing the Dayton-Paris
Agreement, as outlined in his most recent report.
We welcome also Mr. Jacques Paul Klein, and we
pay tribute to the work of the United Nations Mission
in Bosnia and Herzegovina, including the International
Police Task Force (IPTF). Its achievements in
reforming and restructuring the law enforcement
agencies in Bosnia and Herzegovina, particularly the
police, are impressive indeed.
Mr. Klein's report on progress in the Mission's
overall work programme is heartening. However, we
note carefully his concerns in some areas, including
inadequate support for the police force.
As Ireland subscribes fully to the statement which
will be delivered shortly by the Permanent
Representative of Belgium on behalf of the European
Union, I will highlight a few points of particular
national interest.
Since the signing of the Peace Agreement,
considerable progress has been achieved in Bosnia and
Herzegovina. Mr. Petritsch's corroboration today in
this regard is very encouraging. Problems continue in
some areas, however, and it is important that all
relevant authorities in Bosnia and Herzegovina push
ahead with serious political, human rights and rule of
law reform in order to improve the conditions of all the
people of the country.
Economic reform is particularly important to
redress the difficulties with economic revitalization,
industrial production and unemployment, and with
discrepancies between the two entities. Such reform
will strengthen the capacity of the country for self-
sustainability and help it to fulfil the conditions
outlined in the European Union Road Map for moving
towards full European integration.
In this regard, the adoption of the electoral law
and the signing of a memorandum of understanding
with countries of the region were very positive
developments.
We recognize that significant progress has been
made regarding refugees and internally displaced
persons, and we welcome the recent initiatives that
have been taken in this regard. However, further work
is necessary on this issue and on implementing
property rights law, both of which are central to the
normalization and stability of the region.
Similarly, although we are heartened by progress
in relation to human trafficking and illegal migration,
we are concerned about residual problems, which have
obvious implications for stability, not just in Bosnia
and Herzegovina itself, but in the wider region.
Finally, Ireland is convinced that the
democratization and development of Bosnia and
Herzegovina is essential to overall stability in the
Balkans. The successful achievement of a multi-ethnic
society there will encourage multi-ethnicity elsewhere.
We believe it is essential to continue with a
regional approach, and we urge all those concerned to
contribute to the strengthening of inter-State relations.
I agree very much with Mr. Petritsch that Bosnia
and Herzegovina must not for any reason be allowed to
become a weak link in the regional chain. At the same
time, we believe that the international community
should continue to be involved in Bosnia and
Herzegovina. It is essential that we intensify our focus
on the nature and shape of that future involvement. We
need to look forward - 5, IO, 20 years from now -
and decide, in a coordinated manner, what role the
various bodies of the international community can, and
should, play. In that regard, we welcome the work of
Mr. Petritsch with the Bosnian authorities, the Peace
Implementation Council and international
organizations; as well as the very telling comments
about streamlining made today by Mr. Klein, which are
very much in line with our own thinking.
I fully agree with Mr. Petritsch that we are not in
search of an exit strategy in Bosnia and Herzegovina.
We are indeed working toward an entry strategy in the
context of the wider European dynamic. Ireland
believes that the integration process with the European
Union is of vital importance in that regard. As a
member of the European Union, we will remain fully
involved in that process.
Mr. Ward (Jamaica): We also join others in
welcoming High Representative Wolfgang Petritsch
and Special Representative Jacques Paul Klein, who
are here with us today. We thank them for their useful
briefings on the latest developments in Bosnia and
Herzegovina. We take note of the progress that has
been made since the last report of the Secretary-
General, including the consolidation of State
institutions, the passing of the Election Law, economic
progress and the return of refugees.
It is clear that, politically, there have been
advances in Bosnia and Herzegovina. The different
entities are working together in a spirit of compromise
for the benefit of their country. We commend the
consolidation of State institutions and the
strengthening of competencies, which have given the
people of this territory greater control over their
decision-making process. The passing of the Election
Law has been highlighted as one of the recent
successes and is evidence that the political structure
can be effective. There are problems that result from
nationalistic forces, which must still be overcome, and
that affect the smooth functioning of the Government
and the climate of stability. We hope that, with time,
the concept of an integrated Bosnia and Herzegovina
will be accepted by all, and that the way will be cleared
for even further progress.
We note that further economic growth and
economic reform are priority goals for the future. It is
important that every effort be made to encourage
industrial growth, foreign and domestic investment,
and a reduction of the extremely high unemployment
rate. We support efforts to expand regional trade, as the
economic benefits to be gained from such an expansion
could be significant.
With greater progress and stability comes greater
emphasis on the European integration process. This is
important to the future of Bosnia and Herzegovina and
to the region as a whole. We note that the pace of
Bosnia and Herzegovina's participation in the
European integration process remains disappointing.
We encourage the High Representative to continue to
lay the groundwork for the attainment of that long-term
goal.
The challenge now facing Bosnia and
Herzegovina is reconciliation - true reconciliation,
where all the people are of the view that the wrongs of
the past have been righted. There seems to be an
undercurrent of ethnic tension remaining in the
territory. Political rivalry among ethnic groups
continues despite attempts to promote integration. The
pace of progress is being hampered by the continued
promotion of national and ethnic differences. Every
effort to reduce tensions must be pursued. We welcome
the measures currently being undertaken.
We note that the prosecution of those responsible
for the atrocities committed in Srebrenica has begun.
We hope that justice will prevail and that this process
will help with reconciliation efforts and bring ethnic
groups closer together. We note the cooperation with
the International Criminal Tribunal for the Former
Yugoslavia (ICTY) by the political leadership in
Bosnia and Herzegovina, with the exception of the
Republika Srpska, and by other Governments in the
Balkans. We urge further cooperation as part of the
process of reconciliation. It would be useful to hear
from Mr. Petritsch about his perception of the political
and social impact of the recent ICTY decision finding
Radislav Krstic guilty of genocide in the Srebrenica
massacre.
The number of returns in Bosnia and Herzegovina
is very encouraging. We note the High Representative's
observation that the legal framework for property
possession and return in Croatia remains a key to
unlocking cross-border returns between the Federal
Republic of Yugoslavia, Croatia and Bosnia and
Herzegovina. The establishment of an entity dedicated
to returns is something we fully support, as well as
regional initiatives. A coordinated approach to refugee
returns is something that perhaps should be pursued.
Could Mr. Petritsch provide a breakdown of the
numbers of returning refugees by ethnic grouping?
We are extremely concerned about the grim
pictured sketched out by Mr. Klein with respect to civil
policing and the rule of law. Undoubtedly, a credible
justice system and the rule of law are basic,
indispensable elements for laying the foundation for
stability in any civilized society. We are disturbed by
the seeming lack of cooperation by political leaders.
The efforts of the United Nations Mission in Bosnia
and Herzegovina to reform the police and to fight
criminal activities are to be supported and encouraged.
Jamaica continues to support the work of the
High Representative, the United Nations Mission in
Bosnia and Herzegovina and the Stabilization Force
aimed at establishing a firm foundation for effective
and sustainable democracy.
Mr. Shen Guofang (China) (spoke in Chinese):
At the outset, we would like to thank the High
Representative, Mr. Petritsch, and the Special
Representative of the Secretary-General, Mr. Klein, for
their detailed briefing today.
Since the Security Council last considered this
issue, the situation in Bosnia and Herzegovina as a
whole has continued to be stable. Some positive
developments have taken place in the implementation
of the Peace Agreement. The United Nations Mission
in Bosnia and Herzegovina (UNMIBH) has continued
to score achievements in restructuring law enforcement
bodies in Bosnia and Herzegovina, particularly the
police. We are pleased with all these accomplishments.
At the same time, we believe that peace and
rebuilding in Bosnia and Herzegovina still face
enormous challenges. The international community still
has daunting tasks before it. First, as in grave situations
in other areas of the Balkans, the promotion of national
reconciliation is still the most urgent task in rebuilding
Bosnia and Herzegovina and restoring peace and
stability in the region. We hope that the international
presence in Bosnia and Herzegovina will make further
efforts to ease social conflict and remove ethnic
distrust so as to create favourable conditions enabling
the various ethnic groups in Bosnia and Herzegovina to
dedicate themselves to economic reconstruction at an
early date.
Secondly, we have noted that there has been
progress in the return of refugees, particularly refugees
from minority groups. However, there is still much
work to be done. In this regard, it is our hope that the
measures referred to by Mr. Petritsch will be effective
in strengthening security and safety in areas where
ethnic minorities live, in finding a reasonable solution
to property disputes, and in guaranteeing the provision
of basic infrastructure and public services.
Thirdly, China appreciates the important and
constructive role played by the various bodies of the
international community in the peace process in Bosnia
and Herzegovina. Like Mr. Klein, we believe that it is
only by further strengthening coordination and
improving the division of labour that efficiency can be
improved. We have taken note of the fact that, in
compliance with the recommendations of the High
Representative, the Peace Implementation Council
Steering Board has met and decided to adopt a phased
approach to facilitating this process, in strict
accordance with the functions and mandates of various
bodies.
We expect this process to yield more results at an
early date, as a result of the joint efforts of all the
parties concerned.
Mr. Gatilov (Russian Federation) (spoke in Russian): We are closely following the developments
in the political and overall situation in Bosnia and
Herzegovina. In our View, what is most important now
is to ensure stability in the country and in each of its
entities. Today, this is the most important prerequisite
for making progress in the peace process. The
foundation for stability in Bosnia and Herzegovina is
still the Peace Accords, and their potential is far from
exhausted.
The realities of today are such that any erosion of
the Dayton structures will inevitably lead to a
strengthening of centrifugal tendencies. We believe that
the international community must continue to strive to
ensure full and non-selective implementation of the
Dayton Accords. Despite difficulties in normalizing the
situation in Bosnia and Herzegovina - Mr. Petritsch
and Mr. Klein both spoke about this - the
international structures cannot and must not take the
place of legally elected organs of authority in Bosnia
and Herzegovina and the two entities.
The bringing into force of important laws through
a decision of the High Representative is possibly
necessary, but it is not the best possible way of
encouraging State-building in Bosnia and Herzegovina.
A solid foundation for statehood in Bosnia and
Herzegovina can be built only through the patient
search by the people of the country themselves for
mutually acceptable solutions. To that end, the
representatives of both entities must demonstrate
greater willingness to cooperate. They must make
compromises, and they must find within themselves the
strength to rise above narrow ethnic interests for the
benefit of achieving Bosnia-wide interests.
We believe that priority at this stage should be
given to establishing the normal functioning of State
structures and organs of authority at all levels and to
continuing work on the legislation of Bosnia and
Herzegovina and establishing a single economic area.
Progress here would make possible real movement
towards achieving the main goal of the international
community in that country: the establishment of
conditions so that the political forces of the country can
independently secure stability, democracy and
economic, social and cultural development, and so that
they can become integrated into the European
structures.
We believe that it is only by developing and
strengthening comprehensive cooperation between
Bosnia and Herzegovina and countries in South-East
Europe, and, primarily, by establishing good-
neighbourly relations with Croatia and Yugoslavia, that
one can achieve stability over the long term in the
country and in the region as a whole.
Against that backdrop, we attach great
importance to the agreement on the establishment of
the Inter-State Council for Cooperation, achieved
during a visit by the presidency of Bosnia and
Herzegovina to Belgrade in May of this year. Such
steps to establish mechanisms for solving specific
problems that have accumulated in the relations
between Bosnia and Herzegovina and the Federal
Republic of Yugoslavia would establish the basis for a
system of good-neighbourly ties, which is so essential
to the entire Balkan region.
We also believe that a swift ratification of the
Agreement on Special Parallel Relations between the
Federal Republic of Yugoslavia and the Republika
Srpska, which is linked to the Dayton Agreement,
would give new momentum to broadening and
deepening bilateral ties between Yugoslavia and Bosnia
and Herzegovina, and would help to stabilize the
situation in the region.
We are also worried about the security situation
in Bosnia and Herzegovina. We would like to stress
once again that we are against attempts to establish a
single army because this runs counter to the Peace
Accords and to the Constitution of Bosnia and
Herzegovina, in which issues relating to defence are
left to the discretion of the entities. Attempts to ram
this process through would be counterproductive and
could disrupt the rather fragile balance of political
stability, which, in the last few years, has begun to
emerge in the relationship between the Serbs on the
one hand, and the Bosniacs and Croats on the other.
We were pleased to hear what Mr. Petritsch said
about the attempt to step up the rate of return of
refugees and displaced persons. However, the rate at
which this is happening is still inadequate. Over a
million people have not returned home to Bosnia and
Herzegovina. Efforts by the international community
must be geared towards further help for the leadership
of Bosnia and Herzegovina and the entities in
establishing guarantees for the security of returnees
and in solving matters relating to where they can go,
particularly in the Republika Srpska.
In order to properly redress the situation relating
to a Bosnian settlement, it is necessary to have real
structural changes in the way the international
community is operating in Bosnia and Herzegovina.
We believe that the plan proposed by the High
Representative for restructuring the international
civilian presence in Bosnia and Herzegovina could be
used as a starting point for further discussion on this
matter within the context of the Peace Implementation
Council.
The main goal of such a restructuring must be to
enhance effectiveness, to do away with any lack of
harmonization or any duplication in the work of the
international bodies in Bosnia and Herzegovina, to
move away from the practice of micromanaging the
Bosnian authorities at all levels and to reduce
expenditures and the number of staff.
One of the priorities in this whole process is, we
believe, defining the criteria for the implementation of
the mandates of the international missions in Bosnia
and Herzegovina clearly defining the stages for the
transfer of responsibility for the situation in the country
from them to the Bosnians themselves.
Russia, for its part, will continue to provide every
possible assistance to the establishment of Bosnia and
Herzegovina as a single, multi-ethnic State consisting
of two equal and full-fledged entities, the Republika
Srpska and the Bosnian Federation. We will continue to
make a constructive contribution to resolving issues
still pending on the agenda for a Bosnian settlement.
Mr. Kolby (Norway): I would like to reiterate
Norway's appreciation for the efforts of High
Representative Petritsch, of Special Representative
Klein and of the women and men working with them to
implement the Peace Agreement in Bosnia and
Herzegovina. Norway will continue to support their
activities, including in priority areas of economic
reform, refugee return and consolidation of State
institutions. We welcome the progress made in these
areas.
But we must recognize that progress has been
incremental, not fundamental. This is not because of a
lack of effort on the part of the international
community. Norway is but one of many countries that
have been steadfast contributors of personnel and
resources to the peace process. Almost six years after
Dayton, it is high time that the Governments of Bosnia
and Herzegovina and its entities assume their share of
responsibility for developing a peaceful, multi-ethnic
and democratic society. It is high time that all Bosnian
politicians follow the paths taken by the democratic
leaderships in Belgrade and Zagreb, put the past of
destructive nationalism behind them and prepare for
the only viable future: regional cooperation and
European integration.
There are encouraging signs: the election of new
non-nationalist leaders who could show the way
forward; the adoption of a new Election Law; the
substantial increase in minority returns; and the steps
taken to improve cooperation with the International
Criminal Tribunal for the Former Yugoslavia. At the
same time, the economic situation is critical. Growth
rates are plummeting. Emigration is increasing. This
situation is not sustainable. Bosnian leaders must
implement the economic reforms drawn up by the
international community without delay.
Nationalist forces on all sides are still preventing
reforms and returns and inciting violence. Norway
condemns attempts by Croat nationalists to establish a
Croat entity within Bosnia. We condemn the ethnic
violence in places like Mostar and Banja Luka.
Sustained national and international efforts are needed
to undermine the negative forces and support the
reformists.
In order to succeed, we must ensure better
coordination among the international organizations
active in Bosnia and Herzegovina. The United Nations,
the High Representative, the Stabilization Force and
the Organization for Security and Cooperation in
Europe all have important roles to play and we must
ensure that they do not compete, but complement each
other. Norway supports a streamlining of the
international presence in Bosnia.
Regional stability is indivisible. We must avoid a
piecemeal approach. Developments in Bosnia cannot
be seen in isolation from events taking place in the
wider Balkan region. On the contrary, neighbouring
States have a crucial role to play in making possible a
viable, multi-ethnic and unified Bosnia and
Herzegovina.
The international community and the Security
Council must continue to focus on supporting
democratic forces and preventing extremists from
creating further conflicts in the region at large. In this
way, we will promote political stability and economic
growth in Bosnia and Herzegovina.
Mr. Ahsan (Bangladesh): Bangladesh appreciates
the role played by High Representative Wolfgang
Petritsch in an exceedingly difficult and complex
mission. His briefing this morning traced the
difficulties faced and the challenges ahead.
We also thank Mr. Jacques Paul Klein, Special
Representative and Coordinator of United Nations
Operations in Bosnia and Herzegovina, for his
comprehensive statement and for sharing with us his
perception about the present situation in Bosnia and
Herzegovina.
The overall situation in Bosnia and Herzegovina
remains stable. However, some issues need to be
addressed. First, with respect to institution-building,
the consolidation of institutions is one of the main
priorities in Bosnia and Herzegovina. We have noted
the progress and the difficulties in strengthening the
state institutions and in creating an independent
judiciary. These are very much part of the core
agenda of the country. The judicial and prosecutorial
appointment process should be improved to ensure that
appointments are conducted according to objective and
transparent criteria and based on proper professional
qualifications and procedures. Both are indispensable if
the rule of law is to be established uniformly across the
Federation. We agree in this regard with the comments
made by the Special Representative on the efforts of
the United Nations Mission in Bosnia and Herzegovina
regarding police andjudicial reform.
We continue to believe that the Republika Srpska
has an obligation to cooperate with the International
Criminal Tribunal for the Former Yugoslavia. There are
indicted criminals freely moving around the entity.
Without the cooperation of its authorities, the indictees
cannot be brought to justice.
Secondly, with respect to economic reforms, the
increasingly dire economic situation, as exemplified by
the recent downward re-evaluation of economic
growth, is of some concern to us. The creation of a
single economic space seems to have come to a
standstill. Many short-sighted political considerations
seem to have become dominant, culminating in the
blockage of numerous laws, including European Union
road-map issues, by one of the entities. Decisive and
concrete steps towards the structural economic reforms
so desperately needed to attract foreign investment and
to create jobs must continue. This will need bold
measures of reform to create investor confidence.
Thirdly, as to election laws, we welcome the
recent adoption of the Election Law by the Bosnia and
Herzegovina Parliament. This will not only satisfy a
considerable need for an organizational structure for
Bosnia and Herzegovina, but also demonstrate that the
newly elected authorities are ready for compromise on
essential matters.
Finally, the international community should
continue to support the institutions of Bosnia and
Herzegovina in their efforts to achieve stability and
self-sustainability. The international community has,
however, invested a lot of effort and energy over the
last six years and we sincerely believe that these efforts
must continue. Failure to achieve the targets of
institution-building and the rule of law will have
repercussions throughout the region - a risk which we
should make every effort to avoid.
The options presented by the Special
Representative regarding streamlining point to the need
for the international community to remain engaged.
These options should be examined seriously in order to
give necessary direction. We must recognize that the
success of multi-ethnicity in Bosnia and Herzegovina is
crucial to that country and the region. The continued
support of the Security Council is important for peace
and reconciliation in Bosnia and Herzegovina and the
greater region.
Mr. Toure (Mali) (spoke in French): Like earlier
speakers, I should like to welcome Mr. Wolfgang
Petritsch, High Representative for the Implementation
of the Peace Agreement on Bosnia and Herzegovina,
and Mr. Jacques Paul Klein, Special Representative of
the Secretary-General and Coordinator of United
Nations Operations in Bosnia and Herzegovina. I thank
them for the very detailed information they have just
shared with us on the evolution of the situation in
Bosnia and Herzegovina.
Our meeting today, in the presence of the high
United Nations officials responsible for overseeing the
implementation of the Dayton/Paris agreements, gives
us an opportunity to welcome the encouraging results
achieved in that task, despite the many difficulties
encountered along the way.
From a political standpoint, my delegation is
pleased with the considerable efforts that have been
made to resolve the thorny issues of ethnic
reconciliation and the establishment of democratic
institutions and the rule of law in Bosnia and
Herzegovina. In this context, we welcome the adoption
on 23 August of the Election Law after several years of
unsuccessful attempts. The adoption of that Law was
undoubtedly a decisive step taken by Bosnia and
Herzegovina towards democratic governance and
admission into the Council of Europe, as well as access
to the European processes of integration. In order to
achieve these political objectives, which are very
important to my delegation, it is crucial that all the
inhabitants of Bosnia and Herzegovina commit
themselves fully and jointly to creating a democratic
and multi-ethnic society.
From the economic perspective, my delegation
feels that institutional reform must go hand in hand
with economic restructuring that will allow Bosnia and
Herzegovina to rely on its own strength and internal
resources. The private sector is the driving force of
development and we therefore welcome and support
the outstanding efforts of the United Nations Mission
in Bosnia and Herzegovina and the authorities of
Bosnia and Herzegovina to revitalize that important
sector. Because economic development is the best
guarantor of peace, my delegation urges the authorities
of Bosnia and Herzegovina to persevere with the
macroeconomic reform that has been undertaken and to
cooperate with international financial institutions in
order to integrate Bosnia and Herzegovina in European
and Atlantic structures. In order to achieve these
objectives, it is essential to engage in an unflagging
struggle against corruption.
The establishment of an effective judiciary
system that can distribute fair justice to the citizens is
also a source of concern to my delegation. We welcome
and encourage the efforts that have been made in the
reform of the justice system and the human rights
institutions. Everything must be done so that this new
justice system can guarantee for all the inhabitants of
Bosnia and Herzegovina their legitimate cultural and
legal rights.
It is a fact that the continued presence of war
criminals in Bosnia and Herzegovina is a serious curb
on the establishment of peace and inter-ethnic
reconciliation. We welcome the arrests that have
already been made and encourage all States and
Entities to do everything they can to track down and
hand over to the international tribunal all those that are
to blame. It is time for the authorities of Bosnia and
Herzegovina to improve their cooperation with the
International Criminal Court.
From a humanitarian standpoint, we note with
interest the return of many minority citizens to their
homes. This important wave of return is to be
encouraged. Every effort must be made in order to
come to their assistance and to punish severely those
who are guilty of acts of violence against these
minorities.
Lastly, my delegation reaffirms its support for the
considerable efforts made by the United Nations
Mission in Bosnia and Herzegovina (UNMIBH) in the
framework of the implementation of the general
framework agreement for peace in that country. As we
see it, the stabilizing role played by UNMIBH is vital
for the consolidation of peace and stability in Bosnia
and Herzegovina.
Mr. Valdivieso (Colombia) (Spoke in Spanish): I
want to reiterate the welcome that has been expressed
to Mr. Petritsch, the High Representative, and to the
Special Representative of the Secretary-General, Mr.
Klein. We want to thank them for the information that
they have brought to us. Through their statements and
the report, we can see that there is a combination of
positive and negative events that demonstrate how
complex it is to implement the Dayton Accord.
This also shows the kind of commitment that the
international community still must have. The future of
Bosnia and Herzegovina lies in the resolve of its
leaders to persevere on the path that has been designed
by the international community in order to strengthen
the reforms on the policies that are necessary for the
internal stability of the country.
This means that the country will have a more
active role in the community of nations and that it will
be possible for it to progress towards regional
integration. The international community must
continue to give its assistance in this process, but there
must be a steady change in the role that has been
played by it thus far. From being an actor within the
process of reform and stabilization, it must become an
observer. Of course, the most difficult thing is to
determine the appropriate time to effect that change.
We want to highlight a few of the elements that
were mentioned by Mr. Petritsch and by Mr. Klein that
underscore the achievements and the challenges ahead.
First of all, in the political field, we note the adoption
of the Election Law by the Parliamentary Assembly.
That law makes it possible for Bosnia and Herzegovina
to begin to reform through democratic processes the
political attitudes of the past.
We are, however, concerned about the refusal of
the authorities of the Republika Srpska to cooperate
with the International Criminal Tribunal. We hope that
the draft law of cooperation, which is to be considered
by the National Assembly, will be adopted in the near
future to ensure that the cooperation that has thus far
existed on the part of Republic of Bosnia and
Herzegovina will be extended to the Republika Srpska.
We also want to underscore the increase in the
number of minority persons that have been returning in
recent months. We hope that the required policies will
be adopted at the state level and between the Entities so
as to ensure an increase in those numbers. We also
welcome the regional programmes adopted by the
Government of Yugoslavia, Croatia and Bosnia and
Herzegovina, because these measures will facilitate the
adoption of lasting solutions to the problems of
refugees.
Lastly, we wish to mention the need to improve
the demining programme. We know from the report
that one of the problems is the lack of funds. For that
purpose it is necessary for the authorities of Bosnia and
Herzegovina to increase their own internal
contribution. It is alarming that in five years only 12
per cent of high-risk areas have been examined and
only 7 per cent of the land has been cleared of mines. It
will therefore be up to the competent authorities to take
action in order to have a more active programme in
operation, ensuring the cooperation of the international
community.
Mr. Gokool (Mauritius): I join others in thanking
Mr. Wolfgang Petritsch for briefing us today and also
for his report, which has given us a fairly good idea of
the progress that has so far been made in the
implementation of the peace accords. My delegation
also thanks Mr. Jacques Paul Klein for his valuable
update on the situation prevailing in the country and
his proposals for the future status of the international
presence in Bosnia and Herzegovina.
Whatever decision is taken, it should eventually
take into account the situation on the ground and
reduce duplication of work. We note that the overall
situation in Bosnia and Herzegovina remains generally
under control. However, we are concerned that ethnic
tension still persists in some parts of the country. We
appreciate the work being carried out by the United
Nations Mission in Bosnia and Herzegovina
(UNMIBH) personnel to fulfil the mandate as
efficiently as possible and enforce the rule of law and
order in the country. We are convinced that by the end
of next year, when the mandate of the Mission ends,
the local police force will be well trained and equipped
to carry out their duty professionally.
The rivalry that exists among different ethnic
groups should not undermine the work of the police
force. We believe that an efficient police force in
Bosnia and Herzegovina will be possible only when
there is cohesion among its members. With a view to
achieving this goal, all communities should be fairly
represented in the police.
A safe and secure environment will not prevail
unless the offenders are brought to justice under an
impartial judicial system in which the population has
faith. We welcome the efforts by the office of the High
Representative to reform the judicial system in Bosnia
and Herzegovina in this regard. We hope that the
Independent Judicial Commission will improve the
quality and efficiency of the judicial system. We also
call on the political leaders in Bosnia and Herzegovina
not to interfere with the process and to respect the
Memorandum of Understanding that regulates the
appointment of judges and prosecutors.
At the same time, we call on the authorities in
Bosnia and Herzegovina to fully cooperate with the
International Criminal Tribunal for the Former
Yugoslavia (ICTY) and hand over all the indictees for
trial by The Hague Tribunal. We appreciate that the
Republika Srpska authorities have taken measures to
cooperate with the ICTY in this regard.
Another issue that seems to plague the country is
the problem of accommodation and property
repossession following the increased return of refugees
and displaced persons to Bosnia and Herzegovina.
There seems to be no organized approach to the
reconstruction of the housing units and people who are
returning to their homes after a long period are facing
difficulties in repossessing their property. Welcoming
amendments made by the High Representative to the
property laws in both Entities, we hope that the
repossession of pre-war property will be facilitated as
soon as possible.
In order for other Bosnians to return to their
home, the issue of property needs to be addressed as
soon as possible, together with other related problems,
such as the provision of education, social services and
employment. We are fully aware that the Bosnian
economy is in bad shape for the time being, and that it
needs the support of the donors to revitalize the
country and put it back on its feet. In this regard, we
therefore call on the international community not to
lessen its resolve to assist Bosnia and Herzegovina in
its economic reconstruction and development efforts.
We also call on all parties to cooperate with each other
in the vital area of national reconstruction.
My delegation notes with satisfaction that the
Office of the High Representative is helping to improve
conditions for new investment in the country. We hope
that the authorities in Bosnia fulfil their commitment to
implement the reforms suggested by the Foreign
Investment Advisory Service.
With the new proposals of the High
Representative on the ways and means to consolidate
the implementation process of the Peace Agreement,
we have no doubt that the rule of law, good
governance, democracy and human rights will be
guaranteed and protected in Bosnia and Herzegovina.
Finally, Mauritius commends the work of all the
people of the UNMIBH, the Office of the United
Nations High Commissioner for Refugees, the
Stabilization Force, the Office of the High
Representative and others who are striving in difficult
situations to achieve peace in Bosnia and Herzegovina.
Mr. Mahbubani (Singapore): First of all, let me
join my colleagues in thanking both Mr. Petritsch and
Mr. Klein for their presentations. I am truly sorry that I
missed Mr. Klein's presentation. I had the good fortune
of listening to him speak at a seminar in Washington
DC. a few weeks ago where he was really sparkling,
and I am sure that he was equally sparkling here.
Before we get into substance, I would like to raise
a small point of procedure. I was wondering whether
we could try, just as we are trying to do in the informal
consultations, to have an understanding that, when we
are to have briefings on various subjects, it would be
helpful if the briefer could circulate a fact sheet, giving
us the main factual points, and then perhaps the
briefing could concentrate on the qualitative aspects,
instead of the quantitative aspects of the briefing.
Members may recall that I suggested this view
last week in the informal consultations. Since our time
is unfortunately the most precious commodity we have,
we can then concentrate on the big-picture issues and
not necessarily on the small details. But perhaps, since
the Council is going to convene the informal working
group on procedures, we can deal with that too.
The question that came to my mind as I was
listening to Mr. Petritsch was: In what direction exactly
are we going? Here I noted the remark made by
Ambassador Kolby. He obviously understood the
briefing better than I did. He said that the progress is
incremental and not fundamental. I think the questions
we perhaps should ask ourselves are: Why is the
progress incremental and not fundamental, and are we
going to have a situation where every six months or
every three months, when we come back to this issue,
we will continue to see incremental progress only. If
that is the case, what are the underlying causes for the
slow incremental process of change?
As I was thinking of the question, I happened to
be reading the transcript of what Mr. Petritsch said
when he addressed the Council in March this year. I
want to read just one paragraph of what he said:
"When it comes to the issue of ownership, it
was very helpful when the representative of
China pointed out that there is a certain tendency
towards dependency. Early on, I called this the
'dependency syndrome', which we must be aware
of: the local authorities depend too much on the
international community. That was the reason
why I put forward the concept of ownership,
which is basically building awareness. This is a
process; it will not happen overnight. Indeed, it is
not happening overnight. But the new
Government has, I believe, moved decisively
closer to embracing my idea of ownership."
(S/PV4303, page 26)
This is a verbatim transcript of what he said.
If that is the case, if the ownership is indeed
being taken over by the participants in the peace
process, can we then expect to see a faster pace of
change, faster progress in Bosnia and Herzegovina, so
that Ambassador Kolby will not have to say that our
progress is incremental, not fundamental?
Also, the advantage of speaking late is that most
of the key points have been covered by our colleagues
here. We endorse them. I just have three additional
questions. I apologize, since I was not here all the time,
if some of my colleagues have already posed them.
The first question concerns the state of slow
progress of economic reforms. I understand that the
World Bank has assessed that the growth rate of the
Bosnian economy will decline if the country fails to
implement economic reforms and attract foreign
investment, and indeed, to quote our favourite in-house
think tank, the International Crisis Group - ICG, it
has warned that Bosnia and Herzegovina must press on
with its transition to a market economy and urgently
create a business-friendly environment to attract more
foreign investors. The ICG also criticized the
international community for being unbalanced in its
role in Bosnia and Herzegovina by focusing on
institution-building and not doing enough in the
necessary microeconomic reforms. Here I wonder if
Mr. Petritsch has any comments on this question.
The second question relates to the issue of
refugee return. Refugee return is, of course, in some
ways related to the overall process. It is, in some ways,
a litmus test of how everything is going. I gather that,
based on the number of refugee returns so far, this
year's total returns will be more than last year's. This
is a positive development. But there also continue to be
problems. I am not sure whether other colleagues have
raised this question, but if Mr. Petritsch could comment
that might also be helpful.
The third and final question, which is in a sense
the big question concerning Bosnia and Herzegovina, is
about the overall trend with regard to multi-ethnic
harmony, and that ultimately, of course, is the
determinant of how Bosnia and Herzegovina will
evolve. It has been reported that many Bosnian
Muslims welcomed the extradition of Slobodan
Milosevic to The Hague. They saw that as a positive
development. But we gather that they will not be fully
satisfied until the Bosnian Serb leader, Radovan
Karadzic', and his military commander, Ratko Mladie,
are also handed over to The Hague. I am not sure what
is happening on that front.
On the other hand, I gather that it has been
reported that the Bosnian Serb Ministry of the Interior
has filed criminal charges against nearly 3,000
Muslims and Croats suspected of committing war
crimes against Serbs during the 1992-1995 war. But the
Ministry of the Interior brought no charges against any
Bosnian Serbs. So the question is: What impact are
these developments a Milosevic's extradition and the
charges against the Muslims and Croats - having on
the society and what impact are they having in terms of
multi-ethnic relations, because we all acknowledge that
it is the multi-ethnic dimension that will determine the
final political evolution.
In conclusion, I must say that I join our
colleagues in welcoming the fact that Bosnia and
Herzegovina is moving closer to integrating itself into
Europe. It is joining the Council of Europe, and we
actually are very confident that as Bosnia and
Herzegovina moves closer to Europe, through a process
of osmosis the positive values that the Council sees in
the rest of Europe will hopefully seep into Bosnia and
Herzegovina and change the nature of the multi-ethnic
fabric that we see in the society there.
The President (spoke in French): I will now
speak in my national capacity.
I will speak briefly, particularly since
Ambassador Jean De Ruyt will be speaking on behalf
of the European Union. France, of course, will support
everything he has to say.
I wish to thank Wolfgang Petritsch and Jacques
Paul Klein for their statements, as well as for the work
they have accomplished on the ground.
Since the changeover of political power in favour
of a coalition of multi-ethnic modern parties, hope has
reappeared in Bosnia and Herzegovina. In the last few
months, first steps have been taken towards reform,
towards coming closer to Europe and towards the
Bosnians taking charge of their own future. The
adoption in late August, finally, of the Election Law
was the most important indication of this.
More generally, we, like others, welcome the
resolve expressed by Mr. Lagumdzija and his
Government to maintain the momentum of reform. We
hope that this momentum will be maintained over the
long term, beyond the elections of October 2002.
Today, the priorities to us seem to be improving
the functioning of institutions, economic reform, the
strengthening of the judicial system and the fight
against corruption.
There is still some cause for disappointment. I am
thinking, in particular, about the draft legislation on the
civil service that the Council of Ministers adopted in
early September. As it stands, that draft legislation will
not be able to guarantee protection for civil servants
against political power. We encourage the Bosnian
authorities to do what they can to build a modern State
and a civil service governed by democratic principles
that are incontestable. We believe this will be a key
issue in the coming months.
At the economic level, we believe that the rate of
reform must be accelerated. A single economic area
must be established as soon as possible. Improving the
political and social framework and taking strong action
against corruption are prerequisites for attracting
foreign investors and stimulating the spirit of enterprise
among Bosnians.
I would now like to turn to the question of
restructuring the international presence in Bosnia. The
international community has asked the High
Representative to formulate proposals, and the process
is now fully under way, under his guidance and that of
our friend Donald Hays. That work, however, is
significantly behind schedule. It is thus even more
important for the work to continue without delay, in
close cooperation with the Special Representative of
the Secretary-General, as well as those in charge of
other international agencies that have a presence in
Sarajevo.
As the discussion in the Steering Board on 13
September showed, it will be necessary to give further
thought to and update the international community's
objectives and time frames in Bosnia and Herzegovina.
We believe that it is equally important to do a better
job of identifying the essential functions of the
international community in the future as the Bosnians
themselves increasingly begin to take control of
developments. The role of the Office of the High
Representative will remain central throughout this
process.
For its part, the United Nations Mission in Bosnia
and Herzegovina is discharging its mandate in an
impeccable manner. I would like to commend in
particular the improved performance of the police, their
increasing professionalism and the building of a State
based on the rule of law.
In the spirit of the recommendations of the
Brahimi report, Mr. Jacques Paul Klein has prepared a
plan with a genuine exit strategy for the end of 2002.
We believe, however, that there must be an
international police presence in Bosnia and
Herzegovina even after the mission of the International
Police Task Force (IPTF) has come to an end. We look
forward to receiving specific proposals from the Office
of the High Representative by December about the
various options for how the IPTF mission might
continue. We noted with great interest the ideas and
thoughts that were put forward, in particular by
Mr. Jacques Paul Klein.
I now resume my functions as President of the
Council.
I call on the representative of Bosnia and
Herzegovina.
Mr. iivalj (Bosnia and Herzegovina): I would
like, at the very outset, on behalf of the Government of
Bosnia and Herzegovina, the Permanent Mission of
Bosnia and Herzegovina to the United Nations and
myself, to express my deepest condolences to the
Ambassador of the United States of America, to the
American people and especially to the families of the
victims for recent terrorist acts, unparalleled in
American and human history.
We Bosnians, who survived a four-year siege,
strangulation, murders and atrocities in Bosnia and
Herzegovina, express our sympathy, grief and sadness
for the innocent people who were killed in such a
cowardly manner.
As we are considering the twentieth report of the
High Representative, I would like to express our
appreciation and gratitude to the Security Council for
all the efforts and endeavours that it has made in
helping and assisting in the implementation of the
Peace Agreement in Bosnia and Herzegovina.
At the same time, I would like to thank the High
Representative, Mr. Wolfgang Petritsch, and
Ambassador Jacques Paul Klein, Special
Representative of the Secretary-General, for the
comprehensive, eloquent and detailed briefings they
presented today, and to express our sincere
appreciation to them, as well as to members of their
offices, for all the efforts undertaken, contributions
made and work done in Bosnia and Herzegovina.
In my statement, I will start with the positive
developments in Bosnia and Herzegovina. After too
long a period of negotiation, the election law has
finally been approved. We therefore believe that Bosnia
and Herzegovina is on the right track towards
becoming a member of the Council of Europe. The
State Border Service is gaining ground in establishing
control of over 70 per cent of the border of Bosnia and
Herzegovina, which is 1,600 kilometres long. Of
course, we expect to cover the entire border as soon as
possible. This is an extremely important issue for
combating all kinds of illicit activity, especially drug
smuggling, trafficking in human beings, illegal
migration, corruption and so forth.
Furthermore, the State institutions are slowly,
gradually strengthening. The level of refugee return is
still far from satisfactory, but it is improving slightly in
comparison with previous years. The detention of all
indicted war criminals and full cooperation with the
International Criminal Tribunal for the Former
Yugoslavia is a very important precondition for
facilitating the refugee return in minority areas. The
presence of indicted war criminals in Bosnia and
Herzegovina is a constant and unnecessary source of
instability and fear, and represents a threat to the
fragile peace and stability in our country.
It is of paramount importance that the
Constitutional Court decision that all people are
constituent on all the territory of Bosnia and
Herzegovina be fully implemented; that is not the case
at the moment. Serbs are not constituent in the
Federation, and Bosniacs and Croats are not constituent
in Republika Srpska. The fulfilment of this requirement
will give an additional boost to the realization of annex
7, one of the most important parts of the Dayton Peace
Accords.
Furthermore, I would like to reiterate that the
economy is by far the most important issue in Bosnia
and Herzegovina. As we have pointed out in previous
statements, we need the assistance of the international
community to overcome the very painful transition
from the former old-style centralized economy to a
modern, free-market, regionally and globally oriented
economy. We know that many issues have significant
influence on the economy, and in that regard, we
deeply appreciate the efforts of the Office of the High
Representative concerning judiciary reform. Despite
the very positive involvement of the international
community in issues related to Bosnia and
Herzegovina, I am going to mention here a couple of
unpleasant examples: the tender for the third licence
for GSM. - a telecommunications operator - and the
establishment of the public broadcasting service. In
spite of the fact that the international community has
been in charge of the transformation of television in
Bosnia and Herzegovina for a long time, it has so far
failed to produce visible results. Accordingly, we are
delighted with the proposal for a new kind of
relationship between the Office of the High
Representative and the Council of Ministers, based on
shared responsibility and the establishment of a
consultative partnership forum. That should avoid all
possible misunderstandings.
As the international community is eager to see
capable, well-educated and reliable persons in the
institutions of Bosnia and Herzegovina, we would also
like to have, at all levels, representatives of the
international community who are fully dedicated to the
overall prosperity of our country.
We are fully aware that the only feasible
approach to the difficulties we are facing is a regional
approach. In that light, cooperation among the
Republic of Croatia, the Federal Republic of
Yugoslavia and Bosnia and Herzegovina has
significantly improved, and we are witnessing
numerous visits among those three countries by
delegations at the highest level. Only if we see a
significant improvement in mutual cooperation among
the States of South-East Europe, combined with an
unambiguous message from the European Union that
we are going to be a part of it after having met certain
criteria, can sustainable development, peace and
stability in the Balkans be attained. Otherwise, the
region will continue to be overburdened with ethnic
conflicts, and the gap between the region and the rest
of Europe will widen. We consider that the
international presence, especially the United States
presence, in Bosnia and Herzegovina is still
indispensable to reintegrating a safe, stable, democratic
and prosperous Bosnia and Herzegovina.
In spite of all the obstacles ahead and some
continuing negative trends, we are deeply convinced
that respect for the rule of law has started to gain
ground, and that Bosnia and Herzegovina will become
a self-sustained democracy and a proud member of the
European family.
The President (spoke in French): The next
speaker is the representative of Belgium. I invite him to
take a seat at the Council table and to make his
statement.
Mr. De Ruyt (Belgium) (spoke in French): I have
the honour to speak on behalf of the European Union.
The countries of Central and Eastern Europe associated
with the European Union - Bulgaria, the Czech
Republic, Estonia, Hungary, Latvia, Lithuania, Poland,
Romania, Slovakia and Slovenia - the associated
countries Cyprus, Malta and Turkey and the countries
of the European Free Trade Association belonging to
the European Economic Area Iceland and Liechtenstein
align themselves with this statement.
I should like first of all to thank the High
Representative, Mr. Wolfgang Petritsch, and the
Special Representative of the Secretary-General and
Coordinator of United Nations Operations in Bosnia
and Herzegovina, Mr. Jacques Paul Klein, for their
detailed statements on the situation in Bosnia and
Herzegovina, and to reaffirm that they have the support
of the European Union in their efforts to implement the
Dayton and Paris Agreements.
The European Union warmly welcomed the 23
August adoption of an electoral law by the Parliament
of Bosnia and Herzegovina. This marks the beginning
of a new phase in redefining Bosnia and Herzegovina
as an independent, multi-ethnic State. Moreover, its
adoption constitutes a step towards Bosnia and
Herzegovina's accession to membership of the Council
of Europe as well as towards other European
institutions, in the spirit of the road map drawn up at
the European Union summit held at Zagreb in
November 2000.
The European Union likewise welcomes the
progress towards regional economic integration
represented by the signing of a memorandum of
understanding on trade liberalization by the ministers
for international trade of seven countries of the region.
We hope that implementation and further development
of that agreement will make for a considerable
improvement in the economic situation in Bosnia and
Herzegovina, which, as Mr. Petritsch indicated,
remains very difficult. We are particularly alarmed by
the 40 per cent unemployment rate, which is a cause
for more than mere disquiet.
I reiterate forcefully that we remain convinced
that the economic situation in Bosnia and Herzegovina
can be improved by pursuing the aims set out in the
European Union road map; we urge the authorities to
take the necessary legislative measures to that end. We
regret that only seven of the 18 points set out in the
road map have been implemented to date.
We are deeply disappointed by the recent changes
to the draft civil service law. In the view of the
European Union, it no longer addresses the original
objective, which was to set up an efficient, merit-based
civil service. We consider that, as the legislation stands
at present, all the international community's hopes for
an efficient and depoliticized civil service in Bosnia
and Herzegovina have come to naught.
On the refugee question, we welcome the fact that
the number of people from minority groups who are
returning to the country is up compared with last year,
and we urge the High Representative to continue his
campaign to raise awareness among international,
national and local institutions with a view to stepping
up their cooperation in that regard.
The European Union has often stated how much
importance it attaches to cooperation with the
International Criminal Tribunal for the Former
Yugoslavia. Here, we welcome draft legislation of the
Republika Srpska on cooperation with the Court,
because it will genuinely facilitate such cooperation
and will send a clear message to the public that the
Serb authorities will meet their obligations.
Concerning the future of the international
community's presence in Bosnia and Herzegovina, the
European Union appreciates and supports the
comprehensive approach taken by the High
Representative to recalibrating the current civilian
implementation structure in the field. We now expect
the High Representative to present a more detailed
action plan in collaboration with the Government of
Bosnia and Herzegovina, the United Nations and the
international community.
On the question of the police, we welcome the
remarkable efforts of the United Nations Mission in
Bosnia and Herzegovina to reform and restructure the
police and to prepare it to face the many challenges
described by Mr. Klein.
The recent developments in Bosnia and
Herzegovina provide an incentive to press ahead.
Accordingly, the European Union strongly urges the
Bosnia and Herzegovina authorities to continue the
implementation of the European Union road map. We
should like to stress once again that responsible
political management and a total and immediate
commitment to carrying out institutional, legal and
economic reforms in full are essential prerequisites for
speedy integration into European Union structures.
The President (spoke in French): I call now on
Mr. Wolfgang Petritsch to respond to the comments
made and the questions raised.
Mr. Petritsch: Let me start by saying how much I
appreciate the continued interest of the Security
Council and of its individual members in the affairs of
Bosnia and Herzegovina, and in particular their interest
in my Office and the work that it is trying to do with
respect to peace implementation in Bosnia and
Herzegovina.
Since the hour is late, I should like to respond
quickly to some of the questions that were raised. First,
the representative of Ukraine asked about the status of
national minorities. I can say that there is a draft law
on national minorities now before the House of
Representatives of Bosnia and Herzegovina for
discussion. The Organization for Security and
Cooperation in Europe (OSCE) in particular, along
with my Office, is watching very carefully, and is
consulting with the House of Representatives and the
local authorities with regard to the content of the law.
So I am expecting a positive outcome, an outcome that
will be commensurate with European standards for
minority rights.
Regarding the implementation of the
Constitutional Court decisions, the approach taken by
the international community was reflected in the June
meeting of the political directors of the Steering Board,
where it was basically said that what we are expecting
is a symmetrical approach in the two entities, both in
substance and in principle, to the implementation of
those decisions and to the changes in the constitutions
of the two entities.
I turn now to Jamaica's question on the
International Criminal Tribunal for the former
Yugoslavia. The Tribunal plays a very important, and
lately also a very dynamic and proactive, role in Bosnia
and Herzegovina a a very positive one - and I would
say that it is important to stress that through the work
of the Tribunal, guilt and responsibility are being
individualized. It is not the Serbs, it is not the Croats, it
is not the Bosniacs who are guilty. It is individuals, and
that is a very important part of the work of the
Tribunal, which will contribute enormously to an
eventual reconciliation process, which is so necessary.
With respect to the Russian Federation's concerns
regarding the imposition of laws, I fully agree with the
Ambassador. That is indeed a big problem when a too-
forceful and too-robust approach is used. As he clearly
indicated - and rightly so - it is necessary in order to
overcome procrastination and in order to overcome -
as it was put by the Ambassador or Norway and echoed
in the statement made by the Ambassador of Singapore
- this incremental rather than fundamental progress;
therefore imposition from time to time is necessary.
However, at the same time, the concept of
ownership, which I had put forward two years ago, is a
necessary one. This indicates that we are looking
forward to a more proactive approach on the part of the
local authorities, which I think is now increasingly the
case. This is what the international community wants to
see, and I expect more legislation to be passed by the
local authorities. The adoption of the election law is an
excellent case in point.
Let me turn to some of the other issues that were
put forward. Of course, the Kostic genocide case was a
landmark decision, so to speak, because for the first
time the issue of genocide was included in a verdict.
That, of course, is indeed a very remarkable situation
and gives the whole process a new quality, ifI may say
so.
Concerning the return of refugees, there is no
breakdown according to ethnic communities, because
we are intentionally not doing this kind of ethnic
analysis after return. There are returns into areas in
which the three constituent peoples constitute a
minority that is not a minority as such 7 that is, either
the Serb constituent people returning to the Federation,
where they constitute a minority; or Croats and
Bosniacs returning to Republika Srpska, where they, in
turn, are faced with a minority situation.
However, with respect to these same constituent
rights to which the Ambassador of Bosnia and
Herzegovina has referred, it is a fact that since 11
January, through a decision which I took, the three
constituent peoples of Bosnia and Herzegovina are
constituent throughout the State of Bosnia and
Herzegovina. That decision will, hopefully, be
supplanted very soon by the constitutional amendments
that are now being discussed and which, I hope, will be
implemented in the course of the fall season, when
politics in Bosnia and Herzegovina will be back in full
swing.
Finally, I should like to underline what the
representative of the United States said: that we need
more than ever to instil a sense of urgency in the local
authorities. That is why I urge the Council to support
me in getting the message through to the local
authorities that time is running out. There are other
issues, there are other countries - neighbouring
countries and countries in the region- and other
regions that are coming to the fore and that urgently
require attention from the international community.
Bosnia and Herzegovina is in a much more
competitive situation now. Aid used to arrive more or
less without any conditions; but that time is over now.
Bosnia and Herzegovina now needs to compete with
the region and the neighbouring countries for foreign
investment. That is the only way forward. That needs
to be understood very clearly by the local authorities
and needs to be supported unanimously by the
international community.
Regarding restructuring, I should like to point out
that the reasons why we have broadened our approach
also have to do with the fact that many United Nations
agencies are already active in the region and, of course,
in Bosnia and Herzegovina as well. We also need to
talk to them about what they can take on as their job,
because, after the period of streamlining, many of the
issues will remain unresolved and will need continued
attention.
Let me give one example: that is the reason why I
invited the United Nations Development Programme
(UNDP) to be part of the streamlining exercise,
because I believe that Bosnia and Herzegovina is now
in a phase in which UNDP in particular can help a lot
when it comes to transition issues. These transition
issues, of course, are very similar in other neighbouring
countries, so the regional approach again is something
that should come increasingly to the fore.
Yesterday I had an excellent meeting - the
second in a couple of months - with the Associate
Administrator of UNDP in order to discuss UNDP's
role in more detail. This is just an example; there are
other agencies, of course - the United Nations
Educational, Scientific and Cultural Organization
(UNESCO) and so on, and European agencies as well,
which will in future play a larger role.
This is also an indication that Bosnia is
normalizing. It is becoming more and more of a normal
country, and that is, of course, very welcome.
In regard to the overall restructuring and
streamlining process, let me just reiterate what the
Steering Board pointed out at last week's meeting
concerning the action plan of the international
community. This action plan will be very strict,
inasmuch as it will include clear benchmarks and an
assessment of matching multiyear funding
requirements. It will be concrete, because it will
identify core requirements and functions for the
international community. It will recalibrate its
mandates and additional tasks, and streamline its field
presence. It will be inclusive, because it will include
proposals on structural reforms aimed at the integration
of the various international agencies in Bosnia and
Herzegovina, and it will come up with a concrete
vision for an end state. It will project a refocused and
accelerated implementation period for 2002 to 2005; it
will pay special attention to justice and home affairs;
and it will present options for a follow-up police
monitoring mission in due course.
The President (spoke in French): I thank Mr.
Wolfgang Petritsch for his comments.
I give the floor to Mr. Jacques Paul Klein.
Mr. Klein: To be very precise and specific on the
issue of returns, returns are not inhibited by security
issues. Overall positive security trends are there. The
key problems with refugee returns are economic - that
is, jobs - and cultural - that is, education, which the
various ethnic communities demand.
With regard to the United Kingdom's question on
how quickly the State Border Service could be
implemented, it could be implemented completely by
next September, at the latest. I have a funding dilemma.
I have 120 officers ready to deploy right now, but we
do not have the funding for them. That is an issue I
have no control over. There is a $12 million shortfall.
If we get that, and I hope we will, it will be completed
by next September.
The question of plans and time lines has been
raised several times, by several members. We have
found that the Mandate Implementation Plan has given
all our people a sense of dedication and focus, and I
recommend a similar approach to other national
organizations. In other words, rather than having
amorphous, open-ended benchmarks, which are often
not met, the questions to be asked should be, "What is
your mandate; what are your plans to achieve it; and
what resources do you need?"
On the issue of war criminals, it is embarrassing
and it concerns me as we deal with the issue of
international terrorism. Mr. Karadzic has been free now
for some five years. That basically demonstrates the
impotence of the international community in the face
of evil. His continued freedom emboldens hard-line
Serbs to resist, it makes moderate Serbs cautious about
engaging with us, and it undermines cooperation across
the spectrum. He continues to be an albatross around
our necks. It is a poison cloud that hovers over much of
what we do. In my own province of Alsace we have an
old proverb which goes something like this: if you have
to swallow a frog there is not a whole lot to be gained
by staring at it. We have stared at this frog for five
years now, and I think we ought to get on with it.
I have in my Mission 95 nationalities. They are
your citizens and your nationals. I assure you that they
are doing excellent work and that you can be extremely
proud of them. Sometimes the only thing I fear is that
when historians write the history of this period 40
years from now, they will say that we in the
international community and you, the members of the
Council, cared more about the people of Bosnia and
Herzegovina than their own leaders did.
The President (spoke in French): I thank Mr.
Jacques Paul Klein for his brief comments.
We have come to the end of this long meeting. I
would like, on behalf of the Council, to express my
very warm thanks to Mr. Wolfgang Petritsch and Mr.
Jacques Paul Klein. All of us here have been able to
appreciate the sometimes slow but steady progress that
has been made day by day in Bosnia and Herzegovina.
As we heard them speak we were also able to
appreciate the role of two men in charge of ensuring, in
their respective posts, that Bosnia and Herzegovina
makes progress towards a European future, which is
what we wish for it.
There are no other speakers inscribed on my list.
The Security Council has thus concluded this stage of
its consideration of the item on its agenda.
The Security Council will remain seized of the
matter.
The meeting rose at 4.45 pm.
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