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UN Resolution S/RES/1031 (1995)
UN Security Council, 3607th Meeting, December 15, 1995
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The Security Council,
- Recalling all its previous relevant resolutions concerning the conflicts
in the former Yugoslavia,
- Reaffirming its commitment to a negotiated political settlement of the
conflicts in the former Yugoslavia, preserving the territorial integrity of
all States there within their internationally recognized borders,
- Welcoming the signing on 14 December 1995 at the Paris Peace Conference
of the General Framework Agreement for Peace in Bosnia and Herzegovina and
the Annexes thereto (collectively the Peace Agreement, S/1995/999, annex)
by the Republic of Bosnia and Herzegovina, the Republic of Croatia and the
Federal Republic of Yugoslavia and the other parties thereto,
- Welcoming also the Dayton Agreement on implementing the Federation of
Bosnia and Herzegovina of 10 November 1995 (S/1995/1021, annex),
- Welcoming further the conclusions of the Peace Implementation Conference
held in London on 8 and 9 December 1995 (the London Conference)
(S/1995/1029), and in particular its decision to establish a Peace
Implementation Council and its Steering Board as referred to in those
conclusions,
- Paying tribute to the International Conference on the Former Yugoslavia
(ICFY) for its efforts aimed at achieving a peace settlement and taking
note of the decision of the London Conference that the Peace Implementation
Council will subsume the ICFY,
- Having considered the report of the Secretary-General of 13 December 1995
(S/1995/1031),
- Determining that the situation in the region continues to constitute a
threat to international peace and security,
- Determined to promote the peaceful resolution of the conflicts in
accordance with the purposes and principles of the
Charter of the United
Nations,
- Acting under Chapter VII of the Charter of the United Nations,
- Welcomes and supports the Peace Agreement and calls upon the parties
to fulfil in good faith the commitments entered into in that Agreement;
- Expresses its intention to keep the implementation of the Peace
Agreement under review;
- Welcomes the progress made towards mutual recognition among the
successor States to the former Socialist Federal Republic of Yugoslavia,
within their internationally recognized borders;
- Reaffirms its resolutions concerning compliance with international
humanitarian law in the former Yugoslavia, reaffirms also that all States
shall cooperate fully with the International Tribunal for the Former
Yugoslavia and its organs in accordance with the provisions of resolution
827 (1993) of 25 May 1993 and the Statute of the International Tribunal,
and shall comply with requests for assistance or orders issued by a Trial
Chamber under article 29 of the Statute, and calls upon them to allow the
establishment of offices of the Tribunal;
- Recognizes that the parties shall cooperate fully with all entities
involved in implementation of the peace settlement, as described in the
Peace Agreement, or which are otherwise authorized by the Security Council,
including the International Tribunal for the Former Yugoslavia, and that
the parties have in particular authorized the multinational force referred
to in paragraph 14 below to take such actions as required, including the
use of necessary force, to ensure compliance with Annex 1-A of the Peace
Agreement;
- Welcomes the agreement by the Organization for Security and
Cooperation in Europe (OSCE) to adopt and put in place a programme of
elections for Bosnia and Herzegovina, at the request of the parties to
Annex 3 of the Peace Agreement;
- Welcomes also the parties' commitment, as specified in the Peace
Agreement, to securing to all persons within their jurisdiction the highest
level of internationally recognized human rights and fundamental freedoms,
stresses that compliance with this commitment is of vital importance in
achieving a lasting peace, and welcomes the invitation by the parties to
the United Nations Commission on Human Rights, the OSCE, the United Nations
High Commissioner for Human Rights and other intergovernmental or regional
human rights missions or organizations to monitor closely the human rights
situation in Bosnia and Herzegovina;
- Welcomes further the parties' commitment to the right of all refugees
and displaced persons freely to return to their homes of origin in safety,
notes the leading humanitarian role which has been given by the Peace
Agreement to the United Nations High Commissioner for Refugees, in
coordination with other agencies involved and under the authority of the
Secretary-General, in assisting with the repatriation and relief of
refugees and displaced persons, and stresses the importance of repatriation
being phased, gradual and orderly;
- Emphasizes the importance of the creation of conditions conducive to
the reconstruction and development of Bosnia and Herzegovina and encourages
Member States to provide assistance for the programme of reconstruction in
that country;
- Underlines the relationship, as described in the conclusions of the
London Conference, between the fulfilment by the parties of their
commitments in the Peace Agreement and the readiness of the international
community to commit financial resources for reconstruction and development;
- Welcomes the agreement of the parties to Annex 1-B of the Peace
Agreement that establishment of progressive measures for regional stability
and arms control is essential to creating a stable peace in the region,
emphasizes the importance of all Member States supporting their efforts to
this end, and supports the OSCE's commitment to assist the parties with the
negotiation and implementation of such measures;
- Welcomes the willingness of the Member States acting through or in
cooperation with the organization referred to in Annex 1-A of the Peace
Agreement to assist the parties to the Peace Agreement by deploying a
multinational implementation force;
- Notes the invitation of the parties to the international community
to send to the region for a period of approximately one year a
multinational implementation force to assist in implementation of the
territorial and other militarily related provisions of Annex 1-A of the
Peace Agreement;
Authorizes the Member States acting through or in cooperation with
the organization referred to in Annex 1-A of the Peace Agreement to
establish a multinational implementation force (IFOR) under unified command
and control in order to fulfil the role specified in Annex 1-A and Annex 2
of the Peace Agreement;
- Authorizes the Member States acting under paragraph 14 above to take
all necessary measures to effect the implementation of and to ensure
compliance with Annex 1-A of the Peace Agreement, stresses that the parties
shall be held equally responsible for compliance with that Annex, and shall
be equally subject to such enforcement action by IFOR as may be necessary
to ensure implementation of that Annex and the protection of IFOR, and
takes note that the parties have consented to IFOR's taking such measures;
- Authorizes the Member States acting under paragraph 14 above, in
accordance with Annex 1-A of the Peace Agreement, to take all necessary
measures to ensure compliance with the rules and procedures, to be
established by the Commander of IFOR, governing command and control of
airspace over Bosnia and Herzegovina with respect to all civilian and
military air traffic;
- Authorizes Member States to take all necessary measures, at the
request of IFOR, either in defence of IFOR or to assist the force in
carrying out its mission, and recognizes the right of the force to take all
necessary measures to defend itself from attack or threat of attack;
- Demands that the parties respect the security and freedom of
movement of IFOR and other international personnel;
- Decides that, with effect from the day on which the Secretary-
General reports to the Council that the transfer of authority from the
United Nations Protection Force (UNPROFOR) to IFOR has taken place, the
authority to take certain measures conferred upon States by
resolutions 770
(1992) of 13 August 1992,
781 (1992) of 9 October 1992,
816 (1993) of 31
March 1993,
836 (1993) of 4 June 1993,
844 (1993) of 18 June 1993 and
958 (1994) of 19 November 1994
shall be terminated, and that the provisions of
resolution 824
(1993) of 6 May 1993 and subsequent resolutions regarding
safe areas shall also be terminated from the same date;
- Requests the Government of Bosnia and Herzegovina to cooperate with
the IFOR Commander to ensure the effective management of the airports in
Bosnia and Herzegovina, in the light of the responsibilities conferred on
IFOR by Annex 1-A of the Peace Agreement with regard to the airspace of
Bosnia and Herzegovina;
- Decides, with a view to terminating the authorization granted in
paragraphs 14 to 17 above one year after the transfer of authority from
UNPROFOR to IFOR, to review by that date and to take a decision whether
that authorization should continue, based upon the recommendations from the
States participating in IFOR and from the High Representative through the
SecretaryGeneral;
- Decides also that the embargo imposed by resolution 713 (1991) of 25
September 1991 shall not apply to weapons and military equipment destined
for the sole use of the Member States acting under paragraph 14 above, or
of international police forces;
- Invites all States, in particular those in the region, to provide
appropriate support and facilities, including transit facilities, for the
Member States acting under paragraph 14 above;
- Welcomes the conclusion of the agreements concerning the status of
forces as referred to in Appendix B to Annex 1-A of the Peace Agreement,
and demands that the parties comply fully with those agreements;
Requests the Member States acting through or in cooperation with the
organization referred to in Annex 1-A of the Peace Agreement to report to
the Council, through the appropriate channels and at least at monthly
intervals, the first such report be made not later than 10 days following
the adoption of this resolution;
- Endorses the establishment of a High Representative, following the
request of the parties, who, in accordance with Annex 10 on the civilian
implementation of the Peace Agreement, will monitor the implementation of
the Peace Agreement and mobilize and, as appropriate, give guidance to, and
coordinate the activities of, the civilian organizations and agencies
involved, and agrees the designation of Mr. Carl Bildt as High
Representative;
- Confirms that the High Representative is the final authority in
theatre regarding interpretation of Annex 10 on the civilian implementation
of the Peace Agreement;
- Decides that all States concerned, and in particular those where the
High Representative establishes offices, shall ensure that the High
Representative enjoys such legal capacity as may be necessary for the
exercise of his functions, including the capacity to contract and to
acquire and dispose of real and personal property;
- Notes that close cooperation between IFOR, the High Representative
and the agencies will be vital to ensure successful implementation;
- Affirms the need for the implementation of the Peace Agreement in
its entirety and, in this context, stresses the importance it attaches to
the urgent implementation of Annex 11 of the Peace Agreement, decides to
act expeditiously on the report of the Secretary-General recommending the
establishment of a United Nations Civilian Police Force with the tasks set
out in that Annex, together with a civilian office with the
responsibilities described in the report of the Secretary-General, and
further decides that in the interim civilian police, de-mining, civil
affairs and other personnel that might be required to carry out the tasks
described in that report shall continue in theatre, notwithstanding the
provisions of paragraphs 33 and 34 below;
- Stresses the need for early action in Sarajevo to create confidence
between the communities and to this end requests the Secretary-General to
ensure the early redeployment of elements of United Nations civilian police
from the Republic of Croatia to Sarajevo;
Requests the Secretary-General to submit to the Council reports from
the High Representative, in accordance with Annex 10 of the Peace Agreement
and the conclusions of the London Conference, on the implementation of the
Peace Agreement;
- Decides that the mandate of UNPROFOR shall terminate on the date on
which the Secretary-General reports to the Council that the transfer of
authority from UNPROFOR to IFOR has taken place;
- Approves the arrangements set out in the report of the
Secretary General on the withdrawal of UNPROFOR and headquarters elements
from the United Nations Peace Force (UNPF), including the arrangements for
the command and control of UNPROFOR following the transfer of authority
from it to IFOR;
- Expresses its warmest appreciation to all UNPROFOR personnel, who
have served the cause of peace in the former Yugoslavia, and pays tribute
to those who have given their lives and those who have suffered serious
injuries in that service;
- Authorizes the Member States acting under paragraph 14 above to
use all necessary means to assist in the withdrawal of UNPROFOR;
- Calls upon the parties to ensure the safety and security of UNPROFOR
and confirms that UNPROFOR will continue to enjoy all existing privileges
and immunities, including during the period of withdrawal;
- Requests the Secretary-General to report to the Council when the
withdrawal of UNPROFOR is complete;
- Recognizes the unique, extraordinary and complex character of the
present situation in Bosnia and Herzegovina, requiring an exceptional
response;
- Decides to remain seized of the matter.
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