A/RES/52/147 GA

UNITED A NATIONS General Assembly Distr. GENERAL A/RES/52/147 10 March 1998 Fifty-second session Agenda item 112 (c) RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY [on the report of the Third Committee (A/52/644/Add.3)] 52/147. Situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia The General Assembly, Guided by the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights,1 the International Covenants on Human Rights2 and all other human rights instruments and instruments of international humanitarian law, including the Geneva Conventions of 12 August 1949 on the protection of victims of war3 and the Additional Protocols thereto, of 1977,4 as well as the principles and commitments undertaken by participating States of the Organization for Security and Cooperation in Europe, Reaffirming that all Member States have an obligation to promote and protect human rights and fundamental freedoms and to fulfil their obligations under the human rights instruments to which they are party, and reaffirming the obligation of all to respect international humanitarian law, Reaffirming also the territorial integrity of all States in the region, within their internationally recognized borders, 1 Resolution 217 A (III). 2 Resolution 2200 A (XXI), annex. 3 United Nations, Treaty Series, vol. 75, Nos. 970-973. 4 Ibid., vol. 1125, Nos. 17512 and 17513. 98-77149 /... A/RES/52/147 Page 2 Welcoming the entry into force and the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the annexes thereto (collectively the "Peace Agreement"), initialled at Dayton, United States of America, on 21 November 1995, and signed by the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia, representing also the Bosnian Serb party, in Paris on 14 December 1995,5 which, inter alia, committed the parties in Bosnia and Herzegovina fully to respect human rights, Gravely concerned nonetheless at the continuing evidence of violations of human rights and fundamental freedoms taking place to varying degrees in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia, Expressing its concern for the fostering of democracy and the rule of law in the area, noting the recommendations made by the personal representative of the Chairman-in-Office of the Organization for Security and Cooperation in Europe on the situation in the Federal Republic of Yugoslavia, and expressing its disappointment that those recommendations have not been followed, Calling attention to the reports and recommendations of the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia on the situation of human rights in Bosnia and Herzegovina,6 the Republic of Croatia7 and the Federal Republic of Yugoslavia,8 including her most recent report, of 17 October 1997,9 Recalling all relevant General Assembly resolutions, especially its resolution 51/116 of 12 December 1996, Commission on Human Rights resolution 1997/57 of 15 April 197710 and all relevant resolutions of the Security Council and statements by the President of the Security Council, in particular resolution 1009 (1995) of 10 August 1995 and the President's statement of 20 October 1997,11 1. Calls for the full and consistent implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the annexes thereto (collectively the "Peace Agreement"), initialled at Dayton, United States of America, on 21 November 1995, and signed by the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia, representing also the Bosnian Serb party, in Paris on 14 December 1995,5 and the Basic Agreement on the Region of Eastern 5 See Official Records of the Security Council, Fiftieth Year, Supplement for October, November and December 1995, document S/1995/999. 6 E/CN.4/1998/13. 7 E/CN.4/1998/14. 8 E/CN.4/1998/15. 9 A/52/490, annex. 10 See Official Records of the Economic and Social Council, 1997, Supplement No. 3 (E/1997/23), chap. II, sect. A. 11 S/PRST/1997/48; see Resolutions and Decisions of the Security Council, 1997. /... A/RES/52/147 Page 3 Slavonia, Baranja and Western Sirmium (the "Basic Agreement"), signed on 12 November 1995 by the Government of the Republic of Croatia and the local Serb representatives;12 2. Expresses its serious concern about continuing human rights violations within Bosnia and Herzegovina and the delays in fully implementing the human rights provisions of the Peace Agreement; 3. Condemns in the strongest terms the continued forcible expulsion of individuals from their homes in Bosnia and Herzegovina and the practice of destroying the homes of those forcibly expelled, and calls for the immediate arrest and punishment of individuals engaged in these actions; 4. Also condemns the continuing restrictions on freedom of movement between the Republika Srpska and the Federation, as noted by the Special Rapporteur of the Commission on Human Rights on the situation of human rights in the territory of the former Yugoslavia in her report,9 and urges all parties to guarantee the freedom of movement of returnees and residents of Bosnia and Herzegovina; 5. Urges all parties in Bosnia and Herzegovina immediately to create conditions conducive to the safe and voluntary return of refugees and internally displaced persons to their pre-war homes, and calls upon all entities to repeal property laws which prevent pre-war residents from returning to their homes, in accordance with annex 7 of the Peace Agreement, and to ensure the passage of non-discriminatory legislation as soon as possible; 6. Encourages all parties in Bosnia and Herzegovina to cooperate with and support the work of the Commission for Real Property Claims of Displaced Persons and Refugees to resolve outstanding property claims; 7. Expresses concern for women and children, especially in Bosnia and Herzegovina, who were victims of rape used as a weapon of war, and calls for the perpetrators of rape to be brought to justice while ensuring that victims and witnesses receive adequate assistance and protection; 8. Urges all States and relevant organizations to continue to give serious consideration to the recommendations in the reports of the Special Rapporteur on the situation of human rights in Bosnia and Herzegovina,6 the Republic of Croatia7 and the Federal Republic of Yugoslavia,8 in particular the recommendation concerning provision for the continuation of necessary medical and psychological care to victims of rape within the framework of programmes to rehabilitate women and children traumatized by war, as well as the provision of protection, counselling and support to victims and witnesses; 9. Recognizes the extraordinary suffering of the victims of rape and sexual violence and the necessity for an appropriate response to provide assistance to those victims, and expresses its concern, in particular, for the welfare of those victims who are currently among the internally displaced or otherwise affected by the war and who have experienced severe trauma and require psychological and other assistance; 10. Insists that all parties implement fully the commitments made in the Peace Agreement to protect human rights, that they act to promote and protect democratic institutions of government at all levels in 12 See Official Records of the Security Council, Fiftieth Year, Supplement for October, November and December 1995, document S/1995/951. /... A/RES/52/147 Page 4 their respective countries, to ensure freedom of expression and of the media, to allow and encourage freedom of association, including with respect to political parties, and to ensure freedom of movement, and that the parties in Bosnia and Herzegovina comply with the human rights provisions of their national Constitution; 11. Calls upon all parties and States in the region to ensure that the promotion of human rights, including the fulfilment of their respective human rights obligations by the parties to the Peace Agreement, as well as the strengthening of national institutions, will be a central element in the new civilian structure implementing the Peace Agreement, as promised at the Peace Implementation Conference held in London on 4 and 5 December 199613 and at the Ministerial Meeting of the Steering Board of the Peace Implementation Council and the Presidency of Bosnia and Herzegovina held at Sintra, Portugal, on 30 May 1997;14 12. Calls upon the Government of the Federal Republic of Yugoslavia to undertake substantially greater efforts to institute democratic norms, especially in regard to the promotion and protection of free and independent media, and full respect for human rights and fundamental freedoms; 13. Also calls upon the Government of the Federal Republic of Yugoslavia to ensure the speedy and consistent investigation of acts of discrimination and violence against refugees and to ensure the arrest and punishment of those responsible for those acts; 14. Further calls upon the Government of the Federal Republic of Yugoslavia to allow for the return of Federal Republic of Yugoslavia nationals and refugees currently outside its territory; 15. Urgently demands that the authorities of the Federal Republic of Yugoslavia take immediate action to put an end to the repression of, and prevent violence against, non-Serb populations in Kosovo, including acts of harassment, beatings, torture, warrantless searches, arbitrary detention and unfair trials, and also to respect the rights of persons belonging to minority groups in the Sandjak and Vojvodina and of persons belonging to the Bulgarian minority and to allow the immediate, unconditional return of the long-term mission of the Organization for Security and Cooperation in Europe to Kosovo, the Sandjak and Vojvodina, as called for in Security Council resolution 855 (1993) of 9 August 1993; 16. Calls upon the Government of the Federal Republic of Yugoslavia to respect the democratic process and to act immediately to allow freedom of expression and assembly and full and free participation by all residents in Kosovo in the political, economic, social and cultural life of the region, particularly in the areas of education and health care, and to ensure that all the residents of the region are guaranteed equal treatment and protection regardless of ethnic affiliation; 17. Strongly urges the Government of the Federal Republic of Yugoslavia to revoke all discriminatory legislation and to apply all other legislation without discrimination and to take urgent action to prevent arbitrary evictions and dismissals and discrimination against any ethnic or national, religious or linguistic group; 13 Ibid., Fifty-first Year, Supplement for October, November and December 1996, document S/1996/1012, annex. 14 Ibid., Fifty-second Year, Supplement for April, May and June 1997, document S/1997/434, annex. /... A/RES/52/147 Page 5 18. Calls upon the Government of the Republic of Croatia to undertake greater efforts to strengthen its adherence to democratic norms, especially in regard to the promotion and protection of free and independent media, to cooperate fully with the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium to ensure that the reintegration of Eastern Slavonia occurs peacefully and with respect for the human rights of all residents and returning displaced persons and refugees, including those belonging to minorities, and for their right to remain, leave or return in safety and dignity and to enable refugees to return, as agreed by the Government of the Republic of Croatia, on 5 August 1997; 19. Strongly condemns instances of harassment of displaced Serbs and reports of collusion or active participation in such acts by Croatian members of the Transitional Police Force of the Region of Eastern Slavonia, Baranja and Western Sirmium, and calls upon the Government of the Republic of Croatia to strengthen and to take continuing measures to end all forms of discrimination by Croatian authorities in, inter alia, the areas of employment, promotion, education, pensions and health care; 20. Welcomes the recent establishment by the Government of the Republic of Croatia of the national programme for the re-establishment of trust, and calls for its full and prompt implementation; 21. Insists that all authorities in Bosnia and Herzegovina cooperate fully with the Commission on Human Rights for Bosnia and Herzegovina, created under annex 6 of the Peace Agreement, in particular by providing information and resource reports requested by the Human Rights Ombudsman and by participating in hearings before the Human Rights Chamber, and demands that the Republika Srpska cease its pattern of non-cooperation with the Commission; 22. Calls upon the Commission on Human Rights for Bosnia and Herzegovina to intensify its activities concerning alleged or apparent violations of human rights or alleged or apparent discrimination of any kind; 23. Urges the parties to implement the results of recent municipal elections without delay, through the constitution of councils in all municipalities of Bosnia and Herzegovina; 24. Calls for the continuing implementation by the Republic of Croatia of the new general amnesty law, enacted on 20 September 1996 and intended in part to promote confidence on the part of the local Serb population; 25. Welcomes the signing of a cross-border agreement between the Federal Republic of Yugoslavia and the Republic of Croatia on 15 September 1997 and the easing of border crossing between Bosnia and Herzegovina and the Republic of Croatia;15 26. Calls upon the Government of the Federal Republic of Yugoslavia to undertake a consistent border regime with all neighbouring countries; 27. Strongly urges the Government of the Republic of Croatia to allow the expeditious voluntary return of all refugees, including those from the Federal Republic of Yugoslavia, and of displaced persons, to take all appropriate measures to secure their safety and human rights, to resolve, in the framework of 15 Ibid., Supplement for October, November and December 1997, document S/1997/767, para. 33. /... A/RES/52/147 Page 6 the rule of law, in conformity with international standards, the issue of property rights, to make a sustained effort to ensure the provision of equal access to protection and to social and housing reconstruction assistance regardless of ethnicity and to investigate and arrest those responsible for acts of violence and intimidation aimed at driving people away; 28. Urgently calls upon all States and all parties to the Peace Agreement to meet their obligations to cooperate fully with the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, as required by Security Council resolution 827 (1993) of 25 May 1993, including with respect to surrendering persons sought by the International Tribunal, urges all States and the Secretary-General to support the Tribunal to the fullest extent possible, in particular by helping to ensure that persons indicted by the Tribunal stand trial before it, and urges all States to consider providing the Tribunal with legal and technical expertise not available to the organization, as provided for in General Assembly resolution 51/243 of 15 September 1997; 29. Strongly condemns the continuing refusal of the authorities of the Republika Srpska and the Government of the Federal Republic of Yugoslavia to arrest and surrender indicted war criminals known to be present in their territories, as they have agreed to do; 30. Welcomes with satisfaction the measures recently taken by the Government of the Republic of Croatia to facilitate the voluntary return of ten persons indicted by the International Tribunal, in accordance with the Peace Agreement, and welcomes in this regard the increased cooperation with the Tribunal by the Republic of Croatia and the central authorities of Bosnia and Herzegovina, which have enacted implementing legislation and have transferred indictees to the Tribunal; 31. Demands that the Government of Bosnia and Herzegovina, in particular the authorities of the Republika Srpska, and the Government of the Federal Republic of Yugoslavia ensure full and free access to their territories to all institutions and organizations concerned with the implementation of the present resolution, including non-governmental organizations; 32. Welcomes the reports on the situation of human rights in Bosnia and Herzegovina,6 the Republic of Croatia7 and the Federal Republic of Yugoslavia8 submitted by the Special Rapporteur, and commends her and the United Nations Human Rights Field Operation in the Former Yugoslavia for their continuing efforts; 33. Urges all parties to implement fully the recommendations of the Special Rapporteur; 34. Calls upon the authorities of the States and entities within the mandate of the Special Rapporteur to cooperate with her and to provide her on a regular basis with information about the actions they are taking to implement her recommendations; 35. Welcomes technical cooperation and assistance programmes planned by the Office of the United Nations High Commissioner for Human Rights in consultation with the Government of Croatia, and calls upon the Office of the High Commissioner to initiate, at the earliest possible opportunity, projects emphasizing human rights training for professionals involved in law enforcement and the rule of law, as well as human rights education; /... A/RES/52/147 Page 7 36. Reaffirms, as recommended previously by the Special Rapporteur, that major reconstruction aid must be made conditional on demonstrated respect for human rights, emphasizes, in that context, the necessity of cooperation with the International Tribunal, and welcomes in this regard the conclusions of the Ministerial Meetings of the Steering Board of the Peace Implementation Council and the Presidency of Bosnia and Herzegovina held in Paris on 14 November 199616 and Sintra, Portugal, on 30 May 1997;14 37. Welcomes the commitments of the international community for post-war reconstruction and development assistance, and encourages the expansion of that assistance, while noting that such assistance should be conditioned on full compliance by the parties with the agreements that have been made; 38. Welcomes also the efforts of the Organization for Security and Cooperation in Europe, the Council of Europe, the Organization of the Islamic Conference, the European Community Monitoring Mission and the United Nations High Commissioner for Human Rights in monitoring and strengthening respect for human rights and fundamental freedoms in Bosnia and Herzegovina and in the region, and welcomes the Republic of Croatia's adherence to, and firm and formal commitment to abide by, the European Convention for the Protection of Human Rights and Fundamental Freedoms and its additional protocols,17 the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment,18 the European Charter of Local Self-Government,19 the Framework Convention for the Protection of National Minorities20 and the European Charter for Regional or Minority Languages;21 39. Calls for an immediate end to illegal and/or hidden detention by all parties, and requests that the Special Rapporteur investigate allegations of hidden detainees; 40. Calls upon the parties to the Peace Agreement to take immediate steps to determine the identity, the whereabouts and the fate of missing persons, inter alia, near Srebrenica, Zepa, Prijedor, Sanski Most and Vukovar, including through close cooperation with the International Commission on Missing Persons in the Former Yugoslavia, other international humanitarian organizations and independent experts, the Special Rapporteur, the Working Group on the Process for Tracing Persons Unaccounted For, chaired by the International Committee of the Red Cross, and the Expert Group on Exhumation and Missing Persons, chaired by the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina, and stresses the importance of coordinating work in this area; 41. Encourages all Governments to respond favourably to the appeals for voluntary contributions for the benefit of the Commission on Human Rights for Bosnia and Herzegovina, the Commission for 16 Ibid., Fifty-first Year, Supplement for October, November and December 1996, document S/1996/968, appendix. 17 United Nations, Treaty Series, vol. 213, No. 2889, A/33/417, annex II, E/CN.4/Sub.2/1985/42, E/CN.4/1987/20 and Council of Europe, European Treaty Series, No. 146. 18 United Nations, Treaty Series, vol. 1561, No. 27161. 19 Ibid., vol. 1525, No. 26457. 20 Council of Europe, European Treaty Series, No. 157. 21 Ibid., No. 148. /... A/RES/52/147 Page 8 Real Property Claims of Displaced Persons and Refugees for Bosnia and Herzegovina, the International Commission on Missing Persons in the Former Yugoslavia, the Office of the United Nations High Commissioner for Human Rights and other institutions of reconciliation, democracy and justice in the region; 42. Encourages, the Organization for Security and Cooperation in Europe, the Council of Europe, the Organization of the Islamic Conference, the European Community Monitoring Mission, the United Nations High Commissioner for Human Rights and other relevant international organizations to coordinate closely their efforts in the field of human rights, with a view to contributing to the implementation of the present resolution; 43. Decides to continue its examination of this question at its fifty-third session under the item entitled "Human rights questions". 70th plenary meeting 12 December 1997

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