Summary of Conclusions
- The Peace Implementation Council met in Bonn on 9 and 10 December
1997. It reviewed progress in the implementation of the General
Framework Agreement for Peace in Bosnia and Herzegovina and its Annexes
(the Peace Agreement) since the Peace Implementation Conference in
London on 4 and 5 December 1996 and the Ministerial Meeting of the PIC
Steering Board in Sintra on 30 May 1997. It reaffirmed the conclusions
of the London Peace Implementation Conference of December 1996 and the
Sintra Declaration.
- The Council confirmed that there is no alternative to the Peace
Agreement as the foundation for the political and economic development
of Bosnia and Herzegovina, its two multi-ethnic Entities and three
constituent peoples (along with Others) and for sustainable peace in the
entire region.
- The Council noted that considerable progress has been made in
implementing peace and stability in Bosnia and Herzegovina since its
last meeting. It welcomed the results obtained in enhancing the climate
of security and in addressing the main prerequisites for reconciliation,
tolerance and democracy, as well as freedom of movement and the
improvement of the economy.
Notable progress was made especially in the following areas:
- municipal elections in September and special elections for the
Republika Srpska Assembly in November;
- arms control and confidence- and security-building measures;
- restructuring and reform of police;
- beginning of minority returns in the Federation, and to a lesser
degree in Republika Srpska;
- economic revival in the Federation;
- development of non-partisan professional media;
- more than doubling the number of persons indicted for war crimes in
the custody of the International Tribunal for the Former Yugoslavia
(ICTY)
- However, much more could have been achieved had the authorities in
Bosnia and Herzegovina contributed their full share to the construction
of a civil and democratic society in the country.
We are about to enter the third year of implementation of the Peace
Agreement and the last phase of the Consolidation Period, and still a
huge effort, including a renewed commitment of the authorities in Bosnia
and Herzegovina and its Entities, is needed to achieve the ultimate goal
of making peace in Bosnia and Herzegovina and its Entities
self-sustainable. In particular, progress is needed to build functioning
governmental and administrative structures, to further democratisation,
to ensure the adequate protection of human rights, police reform and
the rule of law, and to establish a proper management of the economy -
including the fight against corruption and revenue evasion -, and to
complete successfully the return of refugees and displaced persons.
Peace, and the institutions of civil society to uphold it, remain
fragile. The war has left a legacy of bitterness and distrust. The
Council highlighted the following matters of concern:
- The majority of common institutions are operating insufficiently.
Permanent facilities have not been established.
- Illegal structures of government in the Federation have not been
dissolved or integrated.
- Serious problems of local administration, notably in Mostar, continue
to exist. The implementation of municipal elections still encounters
resistance in several municipalities.
- Lack of strong multi-ethnic political parties and a structured civil
society.
- Lack of legislation on de-mining and the continuing manufacture of
mines.
- Human rights are still not adequately protected. Citizenship is not
legally defined. There is no Bosnia and Herzegovina passport. Property
and housing legislation block the return of refugees and displaced
persons to their pre-war homes. The police are still sometimes used to
obstruct the implementation of election results, do not deal effectively
with politically or ethnically motivated crimes, are responsible for
documented cases of abuse of persons in custody, and more generally are
not sufficiently obliged by the political leadership to advance the
goals of the Peace Agreement. Human rights violations remain endemic,
despite improvement in some areas.
- Neither Entity has taken the necessary steps to ensure that its laws
are compatible with the European Convention on Human Rights. In both the
Federation and Republika Srpska, the fair trial standards set forth in
the Convention are clearly and routinely violated.
- Bosnia and Herzegovina still has no jointly agreed flag.
- Comprehensive plans to facilitate returns have not been implemented.
- There are no functioning Public Corporations.
- Bosnia and Herzegovina has failed to finance its common institutions
or service its external debt on time, implement common policies on
foreign trade, apply a common customs tariff, issue common bank notes,
achieve transparency and good governance in the use of public funds, and
establish effective institutions to curb corruption and revenue evasion.
The lack of an economic policy framework is preventing an IMF Standby
Arrangement and World Bank adjustment lending and renders the country
vulnerable to financial crisis.
- Full normalisation of Bosnia and Herzegovina's relations with its
immediate neighbours has not taken place.
- The Council will continue its assistance to Bosnia and Herzegovina in
1998, reiterating the Sintra commitment to stay the course, but
concluded that an even more persistent approach on the part of the
international community is required: the actions of the authorities in
Bosnia and Herzegovina too often fall short of their words. The recent
reports by the World Bank and the European Commission's Customs and
Fiscal Assistance Office (EC CAFAO) are new sobering evidence of this
attitude. Continued procrastination may even endanger the progress
achieved so far.
- The Council made it clear to the authorities in Bosnia and
Herzegovina that assistance by the international community remains
conditional upon compliance with the Peace Agreement and subsequent
obligations.
- The Council reaffirmed that it will tolerate neither any tendencies
to dominate the political institutions of Bosnia and Herzegovina, nor
any attempts to undermine the sovereignty and territorial integrity of
Bosnia and Herzegovina. The Council recalled that the Peace Agreement
has primacy over previous Agreements between the Parties.
- The High Representative was charged at Sintra to pursue deadlines
adopted by the Steering Board, and to recommend and take measures in
cases of non-compliance. This course has proved to be right. The Council
welcomed the High Representative's intention to use his authority fully
to facilitate the resolution of difficulties.
- The Council insists that all persons indicted for war crimes must be
handed over to the International Criminal Tribunal for the Former
Yugoslavia (ICTY) for justice to be dispensed impartially, under the
terms of the Peace Agreement and UN Security Council resolutions. It
draws particular attention to the failure to carry out this obligation
by the authorities of Republika Srpska and the Federal Republic of
Yugoslavia.
The Council is convinced that until all persons indicted for war crimes
are brought before the International Criminal Tribunal for the Former
Yugoslavia, the prerequisites for reconciliation and the rule of law in
Bosnia and Herzegovina remain seriously impaired. In this regard, the
Council recalls the Sintra Declaration where the continuing influence of
Radovan Karadzic on the political life of Republika Srpska was deemed
unacceptable.
- The Council reminded the Republic of Croatia and the Federal
Republic of Yugoslavia of their obligations under the Peace Agreement
and expected that these would be discharged in their entirety,
voluntarily and immediately. There would have been more progress in
implementing the Peace Agreement if this commitment had been observed.
In particular, this refers to special relations with the Entities, the
ongoing discrimination between Entities' citizens with regard to visa
regulations and, more generally, free movement.
- The Council urged all countries in the region to co-operate fully to
promote the return of refugees and displaced persons.
- The Council called on the successor States of the former SFRY to
reach agreement on succession issues within the framework of the Special
Negotiator's draft of 13 November 1997, and, as a first step, to reach
agreement on certain specific measures.
- The Council thanked SFOR for providing the secure environment
necessary for the civilian implementation of the Peace Agreement and for
the increased assistance rendered in this field. The Council recognised
and supported the emerging consensus on the need for a military presence
to continue beyond June 1998, considering it indispensable for the
maintenance of a stable security environment and, in particular, for
helping create secure conditions for the conduct by the High
Representative, as well as by the UN, OSCE and other international
organisations, of tasks associated with the Peace Agreement.
The Council stressed that the presence of IFOR and SFOR has been the
greatest single contributor to sub-regional security since the signing
of the Peace Agreement and will continue to be in the short to medium
term. It welcomed NATO's plans to consider options for a multinational
follow-on force to SFOR beyond June 1998. The Council stated that any
follow-on force should provide appropriate support to civil
implementation while being readily available and effective enough to
respond quickly to events on the ground in and across Bosnia and
Herzegovina.
- The Council thanked OSCE for the effective conduct of the municipal
and Republika Srpska Assembly elections. It recognised that OSCE
supervision remains essential to ensure free and fair elections in
Bosnia and Herzegovina in 1998. It therefore invited OSCE to extend the
mandate of its Mission in Bosnia and Herzegovina accordingly.
- The Council expressed its gratitude to the High Representative, the
international organisations and non-governmental organisations and all
their staff for their unremitting efforts dedicated to shaping the
future of Bosnia and Herzegovina and all of its citizens.
The Council thanked Mr. Carl Bildt for his outstanding performance as
High Representative in the period following the signature of the Peace
Agreement.
- The Council mourned the victims of the 17 September 1997 helicopter
crash. Their contribution to the peace effort will be remembered.
- The following text sets out policies and measures to be pursued in
the implementation of the Peace Agreement in 1998. These commit Bosnia
and Herzegovina and the two Entities, the Federation of Bosnia and
Herzegovina (the Federation) and Republika Srpska (referred to
throughout as "the authorities in Bosnia and Herzegovina") and those who
endorsed the Peace Agreement.
- A further meeting of the Peace Implementation Council will be
held towards the end of 1998 with a review at midterm.
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