334 Political and security questions

Chapter V Political and security questions Europe and the Mediterranean

The Europe and the Mediterranean region regis- sage to all concerned to move forward with the tered important milestones in resolving its many decentralization process and promote inter- conflict situations and restoring peace and sta- ethnic reconciliation. bility in 2002, particularly in the countries of the Relations with the Federal Government in Bel- former Yugoslavia. Croatia and the Federal Re- grade continued to improve. In March, FRY trans- public of Yugoslavia (FRY), which successfully ferred a large number of Kosovo Albanian de- concluded their bilateral negotiations relating to tainees to Kosovo from Serbia proper, as well the dispute over the Prevlaka peninsula, signed as court files pertaining to the majority of the 10 December Protocol on the Interim Regime the remaining detainees. It also agreed to stop along the Southern Border between the Two financing parallel institutions, especially in States. That development allowed the United Mitrovica town. Nations Mission of Observers in Prevlaka, which Unfortunately, the situation in the Abkhaz re- had monitored the demilitarization of the penin- gion of Georgia continued to cause grave con- sula and neighbouring territories since 1992, to cern. The Georgian-Abkhazia peace process re- hand over responsibility for the area to the local mained stalled as the two sides failed to begin authorities of both countries and to withdraw in discussions of the paper on the Basic Principles December. The United Nations also successfully for the Distribution of Competences between concluded its mission in Bosnia and Herze- Tbilisi (Georgia’s Government) and Sukhumi govina, one of the most complex and difficult (the Abkhaz leadership), which was to serve as a UN police peacekeeping missions, which ended basis for substantial negotiations; nor was success on 31 December and was to be succeeded by the achieved in convening meetings of the Coordi- follow-on European Union Police Mission from nating Council, part of the United Nations–led 1 January 2003. Geneva peace process [YUN 1997, p. 365]. The situa- The Kosovo province of FRY continued to tion was further aggravated by the holding in make significant progress towards provisional March of “parliamentary elections” in Abkhazia, self-governance, and to promote inter-ethnic Georgia, which was condemned by the interna- reconciliation and economic and social recon- tional community, and the continuing tension in struction. The United Nations Interim Adminis- the Kodori Valley, created by the presence of tration Mission in Kosovo (UNMIK) began trans- Georgian forces there; some progress was made ferring authority to the provisional institutions in defusing that tension, however, through the of self-government. To facilitate a process that signing of two protocols designed to restore sta- would determine Kosovo’s final status, the Spe- bility to the Valley. cial Representative set benchmarks that had to be No progress was made towards a settlement of reached before that process could begin. Further the conflict between Armenia and Azerbaijan evidence of the continuing stability of Kosovo over the Nagorny Karabakh region ofAzerbaijan. was the successful holding of municipal elections In the Mediterranean region, there was re- in October. However, the divided town of newed optimism for a settlement of the Cyprus Mitrovica continued to present a number of chal- question. For the first time, the leaders of the two lenges, which led the Special Representative to Cypriot communities, Glafcos Clerides, Pres- put forward in October a seven-point plan for ident of Cyprus, and Rauf R. Denktas, the Turk- dealing with the situation there. In November, ish Cypriot leader, held direct talks with a view to UNMIK succeeded in establishing its adminis- reaching a comprehensive settlement. To help tration in northern Mitrovica town, thus bring- move the process forward, the Secretary-General ing the entire territory of Kosovo under UNMIK presented to the two sides in November his com- control for the first time. In December, the prehensive settlement proposal entitled “Basis Security Council sent a mission to Kosovo to, for Agreement on a Comprehensive Settlement among other objectives, find ways to enhance of the Cyprus Problem”, which he revised in De- support for the implementation of its resolution cember to bridge remaining gaps between the 1244(1999) [YUN 1999, p. 353], discuss the chal- parties. Further negotiations based on the Secretary- lenges faced by UMMIK and convey a strong mes- General’s plan were to resume in early 2003.

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The Secretary-General therefore proposed The former Yugoslavia that the Assembly decide that Member States should waive their respective shares in the amount of $125,644,300 from the balance of ap- propriations, to be applied to the resources re- UN operations quired for financing the strategic deployment The United Nations continued efforts to re- stocks (see p. 63); credit the remaining balance of store peace and stability in the territories of the $8,293,700 to Member States; and continue to former Yugoslavia through its peacekeeping mis- suspend temporarily financial regulations 4.3, sions: the United Nations Mission in Bosnia and 4.4 and 5.2 (d) in respect of the remaining sur- Herzegovina (UNMIBH); the United Nations Mis- plus of $62,543,027 gross ($63,319,370 net) in sion of Observers in Prevlaka (UNMOP); and the the light of the cash shortage of the combined United Nations Interim Administration Mission Forces. in Kosovo (UNMIK). The Advisory Committee on Administra- The Security Council extended for a final pe- tive and Budgetary Questions (ACABQ), in its riod the mandate of UNMIBH, which included the April report [A/56/887], recommended accept- International Police Task Force (IPTF), until 31 ance of the Secretary-General’s second and December 2002 and that of UNMOP until 15 De- third proposals. With regard to his first pro- cember 2002. posal, ACABQ recommended that the Assem- bly take into account the funding arrange- Financing and liquidation ment set out in paragraph (f) of its resolution of previous peacekeeping operations 47/217 [YUN 1992, p. 1022] relating to the Peace- keeping Reserve Fund.

UNPF and UNPF-HQ GENERAL ASSEMBLY ACTION In March [A/56/852], the Secretary-General, in On 27 June [meeting 105], the General Assembly, response to General Assembly resolution 56/265 on the recommendation of the Fifth (Adminis- [YUN 2001, p. 321], submitted a report for the 12- trative and Budgetary) Committee [A/56/978], month period ended 31December 2001 on the fi- adopted resolution 56/500 without vote [agenda nancing of the United Nations Protection Force item 146]. (UNPROFOR), which ended in 1999, the United Nations Confidence Restoration Operation in Financing of the United Nations Protection Force, the United Nations Confidence Restoration Croatia (UNCRO), which ended in 1996, the Operation in Croatia, the United Nations United Nations Preventive Deployment Force Preventive Deployment Force and the (UNPREDEP), which ended in 1999—known col- United Nations Peace Forces headquarters lectively as the United Nations Peace Forces The General Assembly, (UNPF)—and UNPF headquarters (UNPF-HQ). Having considered the report of the Secretary- Troop-contributing Governments had been General on the financing of the United Nations fully reimbursed for troop costs and for contin- Protection Force, the United Nations Confidence Res- toration Operation in Croatia, the United Nations Pre- gent- owned equipment usage charges, except for ventive Deployment Force and the United Nations $18.3 million that remained obligated for the set- Peace Forces headquarters and the related report of tlement of outstanding claims for losses. As at 31 the Advisory Committee on Administrative and Bud- December 2001, outstanding claims for goods getary Questions, and services provided under letters of assist and Recalling Security Council resolutions 727(1992) of for death and disability amounted to $3.8 mil- 8 January 1992 and 740(1992) of 7 February 1992, in lion. which the Council endorsed the sending of a group of military liaison officers to Yugoslavia to promote The unencumbered balance of appropriations maintenance of the ceasefire, had increased from $174,743,027 gross ($175,519,370 Recalling also Security Council resolution 743(1992) net) to $196,481,027 gross ($197,257,370 net), due of 21 February 1992, by which the Council established to reductions of $21,437,000 from the cancella- the United Nations Protection Force, and the subse- tion of prior period obligations and of $301,000 quent resolutions by which the Council extended and for prior period adjustments; the cash balance expanded its mandate, was significantly less, however, at $174,550,000. Recalling further Security Council resolution 981 (1995) of 31 March 1995, by which the Council estab- Although the financial situation improved from lished the United Nations Confidence Restoration an operating deficit of $305,889,451to an operat- Operation in Croatia, to be known as UNCRO, ing surplus of $133,938,000, the funds available Recalling Security Council resolution 983(1995) of were still insufficient to credit the entire unen- 31 March 1995, by which the Council decided that the cumbered balance to Member States. United Nations Protection Force within the former

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Yugoslav Republic of Macedonia should be known as 4. Also expresses concern at the delay experienced by the United Nations Preventive Deployment Force, the Secretary-General in deploying and providing ade- Recalling also Security Council resolution 1025(1995) quate resources to some recent peacekeeping missions, of 30 November 1995, in which the Council decided in particular those in Africa; to terminate the mandate of the United Nations 5. Emphasizes that all future and existing peace- Confidence Restoration Operation in Croatia on 15 keeping missions shall be given equal and non- January 1996, discriminatory treatment in respect of financial and Recalling further Security Council resolution 1031 administrative arrangements; (1995) of 15 December 1995, in which the Council de- 6. Also emphasizes that all peacekeeping missions cided to terminate the mandate of the United Nations shall be provided with adequate resources for the effec- Protection Force on the date on which the Secretary- tiveandefficientdischargeoftheirrespectivemandates; General reported that the transfer of authority from 7. Endorses the recommendations contained in the United Nations Protection Force to the Implemen- paragraph 82 of the report of the Advisory Committee tation Force had taken place, on Administrative and Budgetary Questions; Recalling the letter dated 1 February 1996 from the 8. Decides to credit Member States the amount of President of the Security Council to the Secretary- 95,978,945 dollars subject to the provisions of para- General informing him of the Council’s concurrence graph 6 of General Assembly resolution 56/292 of 27 in principle that the United Nations Preventive De- June 2002 on the strategic deployment stocks; ployment Force should become an independent mis- sion, 9. Decides also that the remaining cash balance of Recalling also General Assembly resolution 46/233 39,286,278 dollars shall also be credited to Member of 19 March 1992 on the financing of the United States; Nations Protection Force and its subsequent resolu- 10. Decides further to suspend for the immediate tions and decisions thereon, the latest of which was future the provisions of regulations 4.3, 4.4 and 5.2 (d) resolution 55/265 of 14 June 2001, of the Financial Regulations of the United Nations in Reaffirming that the costs of the combined Forces respect of the remaining surplus of 61,215,804 dollars are expenses of the Organization to be borne by Mem- in order to allow for reimbursements to troop contri- ber States in accordance with Article 17, paragraph 2, butors and in the light of the cash shortage of the com- of the Charter of the United Nations, bined Forces, and requests the Secretary-General to Recalling its previous decisions regarding the fact provide an updated report in one year; that, in order to meet the expenditures caused by the 11. Decides to defer consideration of the treatment combined Forces, a different procedure is required of the increase in staff assessment income of 776,343 from that applied to meet expenditures of the regular dollars in respect of the surplus referred to in para- budget of the United Nations, graph 10 above; Taking into account the fact that the economically 12. Emphasizes that no peacekeeping mission shall more developed countries are in a position to make be financed by borrowing funds from other active relatively larger contributions and that the economi- peacekeeping missions; cally less developed countries have a relatively limited 13 . Decides to include in the provisional agenda of capacity to contribute towards such operations, its fifty-seventh session the item entitled “Financing of Bearing in mind the special responsibilities of the the United Nations Protection Force, the United States permanent members of the Security Council, as Nations Confidence Restoration Operation in Croatia, indicated in General Assembly resolution 1874(S-IV) the United Nations Preventive Deployment Force and of 27 June 1963, in the financing of such operations, the United Nations Peace Forces headquarters”. Noting with appreciation that voluntary contributions have been made to the combined Forces by certain On 20 December, the Assembly decided that Governments, the item on the financing of UNPROFOR, UNCRO, Mindful of the fact that it is essential to provide the UNPREDEP and UNPF-HQ would remain for con- combined Forces with the necessary financial resources sideration at its resumed fifty-seventh (2003) ses- to enable them to meet their outstanding liabilities, 1. Takes note of the status of contributions to the sion (decision 57/585) and that the Fifth Com- combined Forces as at 30 April 2002, including the mittee should continue to consider the item at contributions outstanding in the amount of 204 mil- that session (decision 57/556). lion United States dollars, representing some 4 per cent of the total assessed contributions, notes with con- UNTAES and UN Civilian Police Support Group cern that only one hundred and four Member States have paid their assessed contributions in full, and In February [A/56/844], the Secretary-General urges all other Member States, in particular those in submitted the final performance report of the arrears, to ensure payment of their outstanding as- United Nations Transitional Administration for sessed contributions; Eastern Slavonia, Baranja and Western Sirmium 2. Expresses its appreciation to those Member States (UNTAES) and the Civilian Police Support Group, which have paid their assessed contributions in full; which indicated that troop-contributing Govern- 3. Expresses concern at the financial situation with regard to peacekeeping activities, in particular as re- ments had been reimbursed in full for troop gards the reimbursements to troop contributors that costs and for usage charges for contingent-owned bear additional burdens owing to overdue payments equipment and self-sustainment costs, except for by Member States of their assessments; $5.4 million retained in the mission’s special

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 337 account to settle outstanding claims for equip- relatively larger contributions and that the economi- ment losses. cally less developed countries have a relatively limited As at 31 December 2001, the balance of appro- capacity to contribute towards such operations, Bearing in mind the special responsibilities of the priations for UNTAES and the Civilian Police States permanent members of the Security Council, as Support Group amounted to $32,069,300 gross indicated in General Assembly resolution 1874(S-IV) ($30,715,300 net), while the cash balance of 27 June 1963, in the financing of such operations, amounted to $35,799,000; unpaid assessed con- Noting with appreciation that voluntary contributions tributions to the mission stood at $25,449,398. have been made to the Transitional Administration by The Secretary-General proposed that Member certain Governments, States waive their respective shares in the cash Mindful of the fact that it is essential to provide the balance, which would be applied to the resources Transitional Administration and the Support Group with the necessary financial resources to enable them required for the financing of the strategic de- to meet their outstanding liabilities, ployment stocks (see p. 63). In that connection, 1. Takes note of the status of contributions to the ACABQ, in April [A/56/887], recommended that United Nations Transitional Administration for East- the General Assembly take into account the fund- ern Slavonia, Baranja and Western Sirmium and the ing arrangement relating to the Peacekeeping Civilian Police Support Group as at 30 April 2002, in- Reserve Fund set out in paragraph (f) of resolu- cluding the contributions outstanding in the amount tion 47/217 [YUN 1992, p. 1022]. of 25.4 million United States dollars, representing some 6 per cent of the total assessed contributions, GENERAL ASSEMBLY ACTION notes with concern that only one hundred and forty- one Member States have paid their assessed contribu- On 27 June [meeting 105], the General Assembly, tions in full, and urges all other Member States, in par- on the recommendation of the Fifth Committee ticular those in arrears, to ensure payment of their [A/56/991], adopted resolution 56/506 without outstanding assessed contributions; vote [agenda item 155]. 2. Expresses its appreciation to those Member States which have paid their assessed contributions in full; Financing of the United Nations Transitional 3. Expresses concern at the financial situation with Administration for Eastern Slavonia, regard to peacekeeping activities, in particular as re- Baranja and Western Sirmium gards the reimbursements to troop contributors that and the Civilian Police Support Group bear additional burdens owing to overdue payments The General Assembly, by Member States of their assessments; Having considered the report of the Secretary- 4. Also expresses concern at the delay experienced by General on the financing of the United Nations Tran- the Secretary-General in deploying and providing ade- sitional Administration for Eastern Slavonia, Baranja quate resources to some recent peacekeeping missions, and Western Sirmium and the Civilian Police Support in particular those in Africa; Group and the related report of the Advisory Commit- 5. Emphasizes that all future and existing peace- tee on Administrative and Budgetary Questions, keeping missions shall be given equal and non- Recalling Security Council resolution 1037(1996) of discriminatory treatment in respect of financial and 15 January 1996, by which the Council established the administrative arrangements; United Nations Transitional Administration for East- 6. Also emphasizes that all peacekeeping missions ern Slavonia, Baranja and Western Sirmium for an ini- shall be provided with adequate resources for the effec- tial period of twelve months, and resolution 1145(1997) tiveandefficientdischargeoftheirrespectivemandates; of 19 December 1997, in which the Council noted the 7. Endorses the recommendations contained in termination of the Transitional Administration on 15 paragraph 82 of the report of the Advisory Committee January 1998 and established, with effect from 16 Jan- on Administrative and Budgetary Questions; uary 1998, the Civilian Police Support Group for a sin- gle period of up to nine months, 8. Decides that 35,805,865 dollars shall be credited to Member States; Recalling also its decision 50/481 of 11 April 1996 on the financing of the Transitional Administration and 9. Requests the Secretary-General to provide an up- its subsequent resolutions and decisions thereon, the dated report on the financial position of the Transi- latest of which was resolution 54/274of 15June 2000, tional Administration and the Support Group in one Reaffirming that the costs of the Transitional Ad- year; ministration and the Support Group are expenses of 10. Emphasizes that no peacekeeping mission shall the Organization to be borne by Member States in ac- be financed by borrowing funds from other active cordance with Article 17, paragraph 2, of the Charter peacekeeping missions; of the United Nations, 11. Decides to include in the provisional agenda of Recalling its previous decisions regarding the fact its fifty-seventh session the item entitled “Financing of that, in order to meet the expenditures caused by the the United Nations Transitional Administration for Transitional Administration and the Support Group, a Eastern Slavonia, Baranja and Western Sirmium and different procedure is required from that applied to the Civilian Police Support Group”. meet expenditures of the regular budget of the United Nations, On 20 December, the Assembly decided that Taking into account the fact that the economically the item on the financing of UNTAES and the more developed countries are in a position to make Civilian Police Support Group would remain for

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consideration at its resumed fifty-seventh (2003) 1186(1998) of 21 July 1998, by which the Council ex- session (decision 57/585) and that the Fifth tended the mandate of the Force until 28 February Committee should continue to consider the item 1999, Recalling also its decision 50/481 of 11 April 1996 on at that session (decision 57/556). the financing of the Force and its subsequent resolu- tions and decisions thereon, the latest of which was UNPREDEP resolution 54/275 of 15 June 2000, In his final performance report on the United Reaffirming that the costs of the Force are expenses Nations Preventive Deployment Force (UNPREDEP) of the Organization to be borne by Member States in accordance with Article 17, paragraph 2, of the Charter [A/56/842], the Secretary-General indicated that of the United Nations, troop-contributing Governments had been reim- Recalling its previous decisions regarding the fact bursed in full for troop costs and for usage that, in order to meet the expenditures caused by the charges for contingent-owned equipment and Force, a different procedure is required from that ap- self-sustainment costs, except for $2.9 million in plied to meet expenditures of the regular budget of unliquidated obligations retained to settle out- the United Nations, standing claims for equipment losses. Taking into account the fact that the economically Asat31December2001,theunencumberedbal- more developed countries are in a position to make relatively larger contributions and that the economi- ance of appropriations for UNPREDEP amounted cally less developed countries have a relatively limited to $7,059,600 gross ($6,885,500 net), while the capacity to contribute towards such an operation, cash balance amounted to $18,213,000;unpaid as- Bearing in mind the special responsibilities of the sessed contributions totalled $9,255,854. States permanent members of the Security Council, as The Secretary-General proposed that the Gen- indicated in General Assembly resolution 1874(S-IV) eral Assembly reduce the appropriation of of 27 June 1963, in the financing of such operations, $183,730 gross ($166,330 net) provided for the Noting with appreciation that voluntary contributions liquidation of UNPREDEP in resolution 53/20 B have been made to the Force by certain Governments, Mindful of the fact that it is essential to provide the [YUN 1999,p. 371] for the period 1 July to 15October Force with the necessary financial resources to enable 1999 to $172,000 gross ($76,000 net); apportion it to meet its outstanding liabilities, the reduced amount for the same period; offset 1. Takes note of the status of contributions to the that apportionment against the unencumbered United Nations Preventive Deployment Force as at 30 appropriations balance; and decide that Member April 2002, including the contributions outstanding in States waive their respective shares in the cash the amount of 9.2 million United States dollars, repre- balance, to be applied to the resources required senting some 6 per cent of the total assessed contribu- for financing the strategic deployment stocks tions, notes with concern that only one hundred and thirty-two Member States have paid their assessed con- (see p. 63). tributions in full, and urges all other Member States, ACABQ recommended in April [A/56/887] that in particular those in arrears, to ensure payment of the Assembly accept the Secretary-General’s first their outstanding assessed contributions; three proposals; in respect of the fourth propo- 2. Expresses its appreciation to those Member States sal, the Assembly might wish to take into account which have paid their assessed contributions in full; the funding arrangement relating to the Peace- 3. Expresses concern at the financial situation with keeping Reserve Fund set out in paragraph (f) of regard to peacekeeping activities, in particular as re- gards the reimbursements to troop contributors that resolution 47/217 [YUN 1992, p. 1022]. bear additional burdens owing to overdue payments by Member States of their assessments; GENERAL ASSEMBLY ACTION 4. Also expresses concern at the delay experienced by On 27 June [meeting 105], the General Assembly, the Secretary-General in deploying and providing ade- on the recommendation of the Fifth Committee quate resources to some recent peacekeeping missions, [A/56/981], adopted resolution 56/299 without in particular those in Africa; vote [agenda item 144]. 5. Emphasizes that all future and existing peace- keeping missions shall be given equal and non- Financing of the United Nations discriminatory treatment in respect of financial and Preventive Deployment Force administrative arrangements; The General Assembly, 6. Also emphasizes that all peacekeeping missions Having considered the report of the Secretary- shall be provided with adequate resources for the effec- General on the financing of the United Nations Pre- tiveandefficientdischargeoftheirrespectivemandates; ventive Deployment Force and the related report of the 7. Endorses the recommendations contained in Advisory Committee on Administrative and Budgetary paragraph 82 of the report of the Advisory Committee Questions, on Administrative and Budgetary Questions; Recalling Security Council resolutions 983(1995) of 8. Decides to reduce the appropriation provided for 31 March 1995, by which the Council decided that the in its resolution 53/20 B of 8 June 1999of 183,730 dol- United Nations Protection Force within the former lars for the liquidation of the Force in respect of the Yugoslav Republic of Macedonia should be known as period from 1 July to 15 October 1999to the amount of the United Nations Preventive Deployment Force, and 172,000 dollars;

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9. Decides also, as an ad hoc arrangement, to appor- Prevlaka (UNMOP), which had monitored the tion among Member States the amount of 172,000 dol- demilitarization of the peninsula and neigh- lars in respect of the period from 1 July to 15 October bouring territories in Croatia and FRY since 1999,in accordance with the composition of groups set out in paragraphs 3 and 4 of resolution 43/232 of 1992. In anticipation of the positive conclusion 1 March 1989, and as adjusted by the General Assembly of those negotiations, the Security Council twice in subsequent resolutions and decisions for the ad hoc extended UNMOP’s mandate, the last time until apportionment of peacekeeping appropriations, the 15 December. Following the signing of the “Pro- latest of which were resolution 52/230 of 31 March tocol between the Government of Croatia and 1998 and decisions 54/456 to 54/458 of 23 December the Federal Government of the Federal Republic 1999in respect of the period 1998-2000, and taking into of Yugoslavia on the Interim Regime along the account the scale of assessments for the year 1999as set out in its resolution 52/215 A of 22 December 1997; Southern Border between the Two States” on 10 10. Decides further that, in accordance with the pro- December, UNMOP began its withdrawal from visions of its resolution 973(X) of 15 December 1955, the area, which was completed on 31 December, there shall be set off against the apportionment among bringing to a successful conclusion one of the Member States, as provided for in paragraph 9 above, UN peacekeeping efforts in the Balkans. their respective share in the Tax Equalization Fund of the estimated staff assessment income of 96,000 dol- lars approved for the liquidation of the Force in re- Bilateral negotiations spect of the period from 1 July to 15 October 1999; On 7 January [S/2002/29], Croatia informed the 11. Decides that for Member States that have ful- filled their financial obligations to the Force, there Security Council President that, with the change shall be set off against the apportionment, as provided of Government in Belgrade [YUN 2000, p. 384],bi- for in paragraph 9 above, their respective share in the lateral talks between Croatia and FRY had re- amount of 172,000 dollars from the unencumbered sumed. Croatia was encouraged that the new au- balance of 7,059,600 dollars; thorities shared the view that the borders of the 12. Decides also that, for Member States that have republics that had become independent after the not fulfilled their financial obligations to the Force, dissolution of the former Socialist Federal Re- their share of the amount of 172,000 dollars from the public of Yugoslavia (SFRY) were international unencumbered balance of 7,059,600 dollars shall be set off against their outstanding obligations; borders and should be respected. It hoped that 13 . Decides further that staff assessment income in the Inter-State Border Commission, or Inter- the amount of 96,000 dollars from the total staff as- State Diplomatic Commission, established in sessment income of 174,100 dollars shall be set off 2001 [YUN 2001, p. 324] to work jointly on the identi- against the credits from the unencumbered balance re- fication of the land border and the delimitation ferred to in paragraphs 11 and 12 above; of the sea border, would start its work as soon as 14 . Decides that 18,237,935 dollars shall be credited possible and complete its task in the shortest pos- to Member States; sible time. With relations between the two coun- 15. Requests the Secretary-General to provide an updated report on the financial position of the Force tries steadily improving and with the positive in one year; attitude of the new Government in Belgrade, 16. Emphasizes that no peacekeeping mission shall Croatia was confident that the two countries were be financed by borrowing funds from other active ready to conclude the Prevlaka issue successfully. peacekeeping missions; Meanwhile, a transitional border regime could 17. Decides to include in the provisional agenda of be agreed upon. its fifty-seventh session the item entitled “Financing of the United Nations Preventive Deployment Force”. The Council, in resolution 1387(2002) of 15 January (see p. 341), requested the parties to con- On 20 December, the Assembly decided that tinue to report at least bimonthly to the the item on the financing of UNPREDEP would re- Secretary-General on the status of their bilateral main for consideration at its resumed fifty- negotiations and on the progress of the Commis- seventh (2003) session (decision 57/585) and that sion’s work. the Fifth Committee should continue to consider In response, Croatia and FRY reported jointly the item at that session (decision 57/556). to the Council President on 10 April [S/2002/368] that the Commission, at meetings held on 29 Jan- uary in Belgrade, FRY, and on 12 March in Prevlaka peninsula Zagreb, Croatia, defined its rules of procedure In 2002, the United Nations, encouraged by and initiated the Protocol on Principles for Iden- the progress in the bilateral negotiations be- tification, due to be signed at their next meeting tween Croatia and the Federal Republic of Yugo- on 23 April. According to the Protocol, the basis slavia (FRY) relating to their dispute over the for identification—delimitation of the borderline Prevlaka peninsula, prepared to withdraw and drafting of the State Border Agreement—was the United Nations Mission of Observers in the former inter-republican boundary in SFRY

YUN02—3rd page proofs May 24 2004 340 Political and security questions stretching between the former Socialist Repub- border regime on the Prevlaka peninsula, as referred lics of Croatia and Serbia, and Croatia and to in the letter from their representatives dated 10De- Montenegro. cember 2002. The protocol represents a further step forward in the process of strengthening of Those developments showed that their Gov- confidence and good-neighbourly relations between ernments had renewed their efforts and resolve both countries. The Council welcomes the commit- in dealing with the Prevlaka issue. Talks would ment of both Governments to continue negotiations start at their next meeting in Belgrade on a com- on Prevlaka with a view to amicably resolving all out- prehensive cross-border regime, which might in- standing issues, and commends their diplomatic clude demilitarization, traffic of passengers and efforts to bolster peace and stability in the region. goods, navigation, management of natural re- The Council commends the important role, played by the United Nations Mission of Observers sources, especially marine resources, and mutual in Prevlaka in helping to create conditions condu- implementation monitoring mechanisms, which cive to a negotiated settlement of the dispute. The would eventually contribute to the successful Council takes this opportunity to express its appreci- ending of UNMOP. Croatia and FRY would con- ation for the efforts of all Mission personnel, past tinue to negotiate in good faith and in an atmo- and present, and its gratitude to those countries that sphere of mutual confidence and respect. contributed personnel or other resources in the suc- cessful completion of its mandate. In his reports to the Council on UNMOP activi- ties in June [S/2002/713] and October [S/2002/1101], the Secretary-General said that the parties had UN Mission of Observers in Prevlaka (UNMOP) provided several briefings to the UNMOP Chief The United Nations Mission of Observers in Military Observer and the UN Secretariat on Prevlaka continued in 2002 to monitor the demil- their bilateral contacts, covering the substance itarization of the disputed Prevlaka peninsula and format of their talks and work on a compre- and the neighbouring areas in Croatia and FRY, hensive cross-border regime, as well as on a mu- to hold periodic meetings with local authorities tual implementation monitoring mechanism. and to maintain contact with authorities in Bel- The briefings indicated that the parties were ne- grade and Zagreb in order to address issues aris- gotiating in good faith and had made significant ing from the implementation of Security Council progress on a range of issues aimed at normaliz- resolution 1362(2001) [YUN 2001, p. 326].UNMOP ing the situation along their southern border. comprised 27 military observers under the In his December report on UNMOP [S/2002/ command of Chief Military Observer Colonel 13 41 ], the Secretary-General informed the Coun- Rodolfo Sergio Mujica (Argentina). Its area of cil that, during his recent visit to the region, he responsibility consisted of two UN-designated had urged Croatia and FRY to conclude their ne- zones: the demilitarized zone (DMZ) (Yellow gotiations by the end of November to allow for an Zone) and the UN-controlled zone (Blue Zone). orderly handover by the expiration of UNMOP’s The Council extended UNMOP’s mandate mandate on 15 December. Focal points ap- three times during the year, to 15 July and to 15 pointed by both sides to coordinate with the October, and for a final period to 15 December. Chief Military Observer had made separate preliminary visits to the peninsula. Although an independent mission, UNMOP was treated, for administrative and budgetary On 10 December, the two countries signed the purposes, as part of UNMIBH. (For the financing Protocol between the Government of Croatia and of UNMOP, see p. 364). the Federal Government of the Federal Republic of Yugoslavia on the Interim Regime along the Report of Secretary-General (January). The Southern Border between the Two States. Its text Secretary-General, in his 2 January report on was jointly transmitted to the Council President UNMOP [S/2002/1], said that the situation in the by the Foreign Ministers of the two countries on Mission’s area of responsibility remained calm. the same date [S/2002/1348]. The steps taken by the parties to form a com- mission to address the issue of their common border were welcome, as was the ongoing process SECURITY COUNCIL ACTION of bilateral consultations. UNMOP stood ready to On 12 December [meeting 4662], following con- assist in the development of practical arrange- sultations among Security Council members, the ments to give effect to any agreement the parties President made statement S/PRST/2002/34 on might reach. behalf of the Council: Despite the generally positive situation, viola- The Security Council welcomes the protocol tions of the agreed security regime continued. In signed by the Government of Croatia and the Gov- the UN-controlled zone, the remaining small ernment of the Federal Republic of Yugoslavia on 10 numbers of Croatian police and Montenegrin December 2002, establishing a provisional cross- Border Police had to be removed and the entry

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 341 of unauthorized civilians to the zone by the two Council and the letter dated 7 January 2002 from the sides prevented. The illegal checkpoints at Cape Permanent Representative of Croatia to the United Kobila, which interfered with the free movement Nations addressed to the President of the Security Council, concerning the disputed area of Prevlaka, of the UN military observers within the zone, Reaffirming once again its commitment to the indepen- had to be removed to the boundaries of the zone dence, sovereignty and territorial integrity of the Re- or their continued operation regulated by an public of Croatia within its internationally recognized agreement, and Croatia should lift its restrictions borders, on the free movement of UN military observers Noting once again the Joint Declaration signed at in the DMZ. Geneva on 30 September 1992 by the Presidents of the The Secretary-General said that he welcomed Republic of Croatia and the Federal Republic of Yugo- the commencement of demining by Croatia in slavia, in particular articles 1 and 3, the latter reaffirm- ing their agreement concerning the demilitarization DMZ the northern part of the and called for ex- of the Prevlaka peninsula, and the Agreement on Nor- tending it to other areas of that zone. He also malization of Relations between the Republic of called on the authorities of both sides to keep Croatia and the Federal Republic of Yugoslavia of 23 UNMOP fully informed of their demining activi- August 1996, ties. Noting with satisfaction that the overall situation in To ensure that the area remained calm and the area of responsibility of the Mission has remained that conditions conducive to reaching a negoti- stable and calm, and encouraged by the agreement of ated settlement were maintained, he recom- both sides to establish the interstate Border Com- mission, mended that UNMOP’s mandate be extended un- Commending the role played by the Mission, and til 15 July. noting also that the presence of the United Nations Croatia, on 7 January [S/2002/29], commended military observers continues to be important in main- UNMOP’s work and stated that greater confidence- taining conditions that are conducive to a negotiated building and stability in the region had been cre- settlement of the disputed issue of Prevlaka, ated by enhanced freedom of movement on the Recalling the relevant principles contained in the peninsula as a result of the opening of the Debeli Convention on the Safety of United Nations and Asso- and Konfin border crossings. Since the security ciated Personnel of 9 December 1994 and the state- ment by its President of 10 February 2000, situation in Prevlaka no longer represented a 1. Authorizes the United Nations military observers threat to the region’s peace and security, Croatia to continue monitoring the demilitarization of the felt that the Council should consider ending Prevlaka peninsula, in accordance with resolutions UNMOP’s mandate. Stating that it would accept a 779(1992) and 981(1995) and paragraphs 19 and 20 of final six-month extension of that mandate, Croatia the report of the Secretary-General of 13 December invited the Council to terminate the mandate on 1995, until 15 July 2002, and requests the Secretary- 15 July, to support the demilitarization of the area General to continue to report to the Council where on both sides of the border and to stress the need appropriate; for the swift finalization of the work of the Com- 2. Reiterates its calls upon the parties to cease all vio- lations of the demilitarized regime in the United mission. Nations designated zones, to cooperate fully with the United Nations military observers and to ensure their SECURITY COUNCIL ACTION safety and full and unrestricted freedom of move- On 15 January [meeting 4448], the Security ment; Council unanimously adopted resolution 1387 3. Welcomes continuing progress in the normaliza- (2002). The draft [S/2002/53] was prepared in con- tion of relations between the Governments of the Re- sultations among Council members. public of Croatia and the Federal Republic of Yugosla- via and the establishment of the interstate Border The Security Council, Commission, and urges the parties to accelerate efforts Recalling all its relevant resolutions, including reso- towards a negotiated settlement of the disputed issue of lutions 779(1992) of 6 October 1992, 981(1995) of 31 Prevlaka in accordance with article 4 of the Agreement March 1995, 1088(1996) of 12 December 1996, 1147 on Normalization of Relations between the Republic of (1998) of 13 January 1998, 1183(1998) of 15 July 1998, Croatia and the Federal Republic of Yugoslavia; 1222(1999) of 15 January 1999, 1252(1999) of 15 July 4. Encourages the parties to consider all confidence- 1999, 1285(2000) of 13 January 2000, 1307(2000) of 13 building measures, including the options provided to July 2000, 1335(2001) of 12 January 2001, 1357(2001) of them pursuant to resolution 1252(1999), that could 21 June 2001 and 1362(2001) of 11 July 2001, help to facilitate a solution to the disputed issue of Having considered the report of the Secretary- Prevlaka; General of 2 January 2002 on the United Nations Mis- 5. Requests the parties to continue to report at least sion of Observers in Prevlaka, bimonthly to the Secretary-General on the status of Recalling the letter dated 28 December 2001 from their bilateral negotiations and on progress in begin- the Chargé d’affaires a.i. of the Permanent Mission of ning the work of the interstate Border Commission; the Federal Republic of Yugoslavia to the United 6. Requests the United Nations military observers Nations addressed to the President of the Security and the multinational Stabilization Force authorized by

YUN02—3rd page proofs May 24 2004 342 Political and security questions the Council in resolution 1088(1996) and extended by legitimize their operation by agreement between resolution1357(2001)tocooperatefullywitheachother; the parties. 7. Decides to remain seized of the matter. The Secretary-General was encouraged by the progress made by the parties towards resolving Report of Secretary-General (June). On 28 their dispute over Prevlaka. He hoped that they June [S/2002/713], the Secretary-General reported would be able to agree in the foreseeable future that calm and stability prevailed in the demilita- on a transitional border-crossing regime, which rized and the UN-controlled zones. However, in would allow UNMOP to withdraw. Meanwhile, he continued violation of the agreed security regime recommended that UNMOP’s mandate be ex- in the UN-controlled zone, Croatian police and tended for a further three months until 15 Octo- Montenegrin Border Police were usually sta- ber. Should the parties reach an agreement be- tioned inside the zone in varying numbers. The fore then, he would revert to the Council without Croatian police carried out improvements to delay. their observation positions and conducted regu- lar foot and vehicle patrols throughout that part SECURITY COUNCIL ACTION of the zone accessible to them. Croatia and On 12 July [meeting 4574], the Security Council Montenegro also continued to operate manned unanimously adopted resolution 1424(2002). checkpoints in the zone in implementation of the The draft [S/2002/751] was prepared in consulta- crossing regime they had initiated at Cape Kobila tions among Council members. in 1999 [YUN 1999, p. 310]. The Security Council, During the reporting period, a number of vis- Recalling all its relevant resolutions, including reso- its to the UN-controlled zone by non-UN person- lutions 779(1992) of 6 October 1992, 981(1995) of 31 nel, primarily from the Croat side, were made in March 1995, 1088(1996) of 12 December 1996, 1147 violation of the established rules and were ac- (1998) of 13 January 1998, 1183(1998) of 15 July 1998, cordingly protested, as were overflights by un- 1222(1999) of 15 January 1999, 1252(1999) of 15 July identified aircraft destined for the FRY province 1999, 1285(2000) of 13 January 2000, 1307(2000) of 13 of Kosovo, and the overflight on 8 June by July 2000, 1335(2001) of 12 January 2001, 1357(2001) of 21 June 2001, 1362(2001) of 11 July 2001 and 1387 United States military helicopters. The Croatian (2002) of 15 January 2002, authorities continued to permit civilians, includ- Having considered the report of the Secretary- ing local and foreign tourists, to enter the zone, General of 28 June 2002 on the United Nations Mis- as did the Montenegrin authorities into that part sion of Observers in Prevlaka, of the zone overseen by them, though in substan- Reaffirming once again its commitment to the indepen- tially fewer numbers. Other daily unauthorized dence, sovereignty and territorial integrity of the Re- entries were made by small fishing or pleasure public of Croatia within its internationally recognized craft from both the Croatian and Montenegrin borders, Noting once again the Joint Declaration signed at sides. Given the large number of persons enter- Geneva on 30 September 1992 by the Presidents of the ing the zone without authorization, UNMOP re- Republic of Croatia and the Federal Republic of Yugo- marked suspected minefields as a precaution slavia, in particular articles 1 and 3, the latter reaffirm- against accidents. ing their agreement concerning the demilitarization With minor exceptions, both parties respected of the Prevlaka peninsula, and the Agreement on Nor- malization of Relations between the Republic of the DMZ. While UN military observers enjoyed Croatia and the Federal Republic of Yugoslavia of 23 unrestricted freedom of movement on the Yugo- August 1996, slav side of the zone, the Croatian authorities Noting with satisfaction that the overall situation in maintained their requirement that UNMOP pro- the area of responsibility of the Mission has remained vide advance written notice before undertaking stable and calm, and encouraged by the progress made patrols in the northern region. A commercial by the parties in normalizing their bilateral relation- company conducted limited mine clearance in ship, the northern part of the Croatian demilitarized Commending the role played by the Mission, and noting that the presence of the United Nations zone. military observers continues to be important in main- The Secretary-General remarked that, while taining conditions that are conducive to a negotiated none of the violations of the security regime re- settlement of the disputed issue of Prevlaka, corded in the UN-controlled zone gave rise to Recalling the relevant principles contained in the security concerns, they showed a disregard for Convention on the Safety of United Nations and Asso- the security regime and undermined respect for ciated Personnel of 9 December 1994 and the state- ment by its President of 9 February 2000, mutual security agreements. He urged all con- 1. Authorizes the United Nations military observers cerned to ensure full respect for the security re- to continue monitoring the demilitarization of the gime and to relocate the manned checkpoints at Prevlaka peninsula, in accordance with resolutions Cape Kobila to the boundaries of the zone or to 779(1992) and 981(1995) and paragraphs 19 and 20 of

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 343 the report of the Secretary-General of 13 December (2002). The draft [S/2002/1133] was prepared in 1995, until 15 October 2002, and requests the consultations among Council members. Secretary-General to report to the Council prior to this date, as appropriate; The Security Council, 2. Reiterates its calls upon the parties to cease all vio- Recalling all its relevant resolutions, including reso- lations of the demilitarized regime in the United lutions 779(1992) of 6 October 1992, 981(1995) of 31 Nations designated zones, to cooperate fully with the March 1995, 1088(1996) of 12 December 1996, 1147 United Nations military observers and to ensure their (1998) of 13 January 1998, 1183(1998) of 15 July 1998, safety and full and unrestricted freedom of move- 1222(1999) of 15 January 1999, 1252(1999) of 15 July ment; 1999, 1285(2000) of 13 January 2000, 1307(2000) of 13 July 2000, 1335(2001) of 12 January 2001, 1357(2001) of 3. Welcomes continuing progress in the normaliza- 21 June 2001, 1362(2001) of 11 July 2001, 1387(2002) of tion of relations between the Governments of the Re- 15 January 2002 and 1424(2002) of 12 July 2002, public of Croatia and the Federal Republic of Yugosla- Having considered the report of the Secretary- via and the establishment of the interstate Border General of 2 October 2002 on the United Nations Mis- Commission, and urges the parties to accelerate efforts sion of Observers in Prevlaka, towards a negotiated settlement of the disputed issue Reaffirming once again its commitment to the indepen- of Prevlaka in accordance with article 4 of the Agree- dence, sovereignty and territorial integrity of the Re- ment on Normalization of Relations between the Re- public of Croatia within its internationally recognized public of Croatia and the Federal Republic of Yugosla- borders, via, and expresses its intention to review the duration Noting once again the Joint Declaration signed at of the authority given in paragraph 1 above if the par- Geneva on 30 September 1992 by the Presidents of the ties inform the Council that a negotiated agreement Republic of Croatia and the Federal Republic of Yugo- has been reached as described in section V of the re- slavia, in particular articles 1 and 3 thereof, the latter port of the Secretary-General of 28 June 2002; reaffirming their agreement concerning the demilita- 4. Decides to remain seized of the matter. rization of the Prevlaka peninsula, and the Agreement on Normalization of Relations between the Republic Report of Secretary-General (October). The of Croatia and the Federal Republic of Yugoslavia of Secretary-General reported on 2 October [S/2002/ 23 August 1996, 1101 ] that, in addition to the prevailing calm and Noting with satisfaction that the overall situation in stability in the two UN-designated zones—albeit the area of responsibility of the Mission has remained stable and calm, and encouraged by the progress made with continuing unauthorized entries into them by the parties in normalizing their bilateral relation- by non-UN personnel—a further sign of the nor- ship, in particular through negotiations aimed at find- malizing situation in the peninsula had oc- ing a transitional arrangement for the Prevlaka penin- curred: UNMOP had authorized a visit to the zone sula, by a group of 15 military attachés from UNMOP Commending the role played by the Mission, and troop-contributing countries and Security Coun- noting that the presence of the United Nations cil members, organized at the initiative of military observers continues to be important in main- taining conditions that are conducive to a negotiated Croatia’s Ministry of Defence without any objec- settlement of the disputed issue of Prevlaka, tion from FRY. Recalling the relevant principles contained in the The Secretary-General observed that, from the Convention on the Safety of United Nations and Asso- briefings given to the Chief Military Observer ciated Personnel of 9 December 1994 and the state- and the Secretariat, the parties were working in ment of its President of 9 February 2000, good faith, with a determination to reach an in- 1. Authorizes the United Nations Mission of Observ- ers in Prevlaka to continue monitoring the demilitari- terim agreement on normalizing the situation on zation of the Prevlaka peninsula, as a last extension of the ground at the earliest. He was convinced that, its mandate, until 15 December 2002; in the near future, they would be able to narrow 2. Requests the Secretary-General to prepare for the their remaining differences to the point where termination of the mandate of the Mission on 15 De- UNMOP’s presence would no longer be needed. cember 2002 by gradually reducing the number of per- In view of that, and given the lengthy period of sonnel and concentrating its activities in a way that re- calm and stability in the UNMOP area of responsi- flects the stable and peaceful conditions in the area and the normalization of relations between the parties; bility, he recommended that UNMOP’s mandate 3. Also requests the Secretary-General to report to be extended for two months until 15 December, the Council on the completion of the mandate of the with its withdrawal to be completed by 31Decem- Mission; ber. Should the parties reach agreement before 4. Reiterates its calls upon the parties to comply with 15 December, he would request the Council to the demilitarized regime in the United Nations desig- shorten that time frame. nated zones, to cooperate fully with the United Nations military observers and to ensure their safety and full and unrestricted freedom of movement; SECURITY COUNCIL ACTION 5. Welcomes continuing progress in the normaliza- On 11 October [meeting 4622], the Security tion of relations between the Governments of the Re- Council unanimously adopted resolution 1437 public of Croatia and the Federal Republic of Yugosla-

YUN02—3rd page proofs May 24 2004 344 Political and security questions via and the establishment of the interstate Border from Croatia was already on the peninsula to Commission, and urges the parties to accelerate efforts work with UNMOP on the technical aspects of the towards a negotiated settlement on the disputed issue handover of the former naval base and its light- of Prevlaka in accordance with article 4 of the Agree- ment on Normalization of Relations between the Re- house. FRY had also nominated personnel to con- public of Croatia and the Federal Republic of Yugosla- duct the handover on its side. UNMOP had via; started repatriating its personnel, which, by 12 6. Expresses its readiness to review the duration of the December, had been reduced to 10 military ob- authority given in paragraph 1 above, with a view to servers, 3 of whom would remain to liaise with shortening the time frame, if the parties so request; representatives of both sides to ensure the effec- 7. Decides to remain seized of the matter. tive completion of the handover. (For the Council President’s related statement, Report of Secretary-General (December). In S/PRST/2002/34, on the Secretary-General’s his final report on UNMOP, issued on 11 Decem- report, see p. 340.) ber [S/2002/1341], the Secretary-General stated that, in view of the prevailing peaceful condi- tions in the UN-designated zones and of the scheduled withdrawal of UNMOP, the Mission Bosnia and Herzegovina closed its team sites in Gruda and Herceg Novi in November but continued to maintain its 24-hour presence at the site in the Ostra peninsula and at the headquarters in Cavat. In 2002, the United Nations successfully con- The Secretary-General welcomed the Protocol cluded its assistance to the two entities compris- signed by Croatia and FRY on 10 December (see ing the Republic of Bosnia and Herzegovina— p. 340). He said bilateral relations between the the Federation of Bosnia and Herzegovina parties had advanced sufficiently so that an inter- (where mainly Bosnian Muslims (Bosniacs) and national monitoring mechanism was no longer Bosnian Croats resided) and Republika Srpska required. Demilitarization was not in question (where mostly Bosnian Serbs resided)—in imple- and it was generally understood that there was no menting the 1995 General Framework Agree- risk of renewed hostilities. However, given the ment for Peace in Bosnia and Herzegovina and presence of mines, unexploded ordnance and the annexes thereto (the Peace Agreement) [YUN ammunition in the area of handover, a small core 19 95 , p . 5 4 4 ] . That was accomplished through the staff would remain beyond 15 December, but not activities of the Office of the High Representa- beyond 31December, to ensure a safe and orderly tive responsible for the Agreement’s civilian as- handover. pects [YUN 1996, p. 293] and the United Nations The Secretary-General observed that the re- Mission in Bosnia and Herzegovina (UNMIBH) sponsibility for settling the dispute rested with [ibid., p. 294], the key components of which were Croatia and FRY, and he trusted that they would the International Police Task Force (IPTF) and build on the UN achievements. Throughout a the Mine Action Centre (MAC). Those entities turbulent decade in the Balkans, UNMOP had worked in cooperation with the multinational contributed to insulating Prevlaka from the sur- Stabilization Force (SFOR), led by the North At- rounding conflicts and tensions, demonstrating lantic Treaty Organization (NATO), which had re- that even a small UN presence, properly con- sponsibility for the Agreement’s military aspects. ceived and executed, could make a difference. The Peace Implementation Council (PIC) and its Security Council consideration. Introducing Steering Board continued to oversee and facili- the Secretary-General’s report before the Coun- tate the Agreement’s implementation. cil on 12 December [meeting 4662], the Under- In February, the European Union (EU), in an- Secretary-General for Peacekeeping Operations ticipation of the end of UNMIBH’s mandate, an- said that the signing by Croatia and FRY of the nounced its intention to establish the EU Police Protocol on the interim regime along the south- Mission (EUPM) to ensure follow-on to UNMIBH ern border between the two States on 10 Decem- from 1 January 2003. As a result, the interna- ber was a significant step forward on the way to tional presence in Bosnia and Herzegovina was full normalization of their relations. For the streamlined. During the year, the United Na- United Nations, it meant that UNMOP could tions and the EU cooperated to ensure a smooth withdraw with the confidence that its work had transition of responsibility. At the political level, been successfully accomplished. The signing of Bosnia and Herzegovina’s leadership reached fi- the Protocol also paved the way for a smooth and nal agreement in March on amendments to the orderly handover of the UNMOP area of responsi- entities’ constitutions, paving the way for general bility to the local authorities. An expert team elections, which took place in October.

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Transition to new international next High Representative in Bosnia and Herze- civilian presence govina. On the EU’s nomination, it designated Communication. On 18 February [S/2002/212], Lord Paddy Ashdown (United Kingdom) to suc- Spain transmitted to the Secretary-General the ceed Wolfgang Petritsch (Austria) in that posi- conclusions of the General Affairs Council of the tion, and asked the Security Council to endorse EU concerning future arrangements in Bosnia the appointment. and Herzegovina. The Council offered to estab- Security Council consideration (March). The lish EUPM to take over from IPTF following the High Representative, in his briefing to the end of the UNMIBH mandate. Scheduled to func- Security Council on 5 March [meeting 4484], said tion from 1 January 2003 until the end of 2005, that the EU’s decision to establish EUPM to take EUPM would address all aspects of the rule of law, over from IPTF in January 2003 represented a including mutually supportive and reinforcing unique opportunity for the EU to develop its pol- institution-building programmes and police ac- itical engagement with Bosnia and Herzegovina tivities; contribute to the overall peace imple- and to support structural reform crucial to the mentation in Bosnia and Herzegovina, as well as Europeanization process. to the EU’s overall policy in the region, notably its Under the new streamlined international civil Stabilization and Association Process; and, with implementation structures in Bosnia and Herze- monitoring, mentoring and inspection authority, govina, the PIC Steering Board would remain as establish sustainable policing arrangements the overall board of directors, with a cabinet-style under the country’s ownership in accordance body of international agency heads, chaired by with European and international practice. The the High Representative and responsible for Council would appoint an EU special representa- cross-cutting policy development, supported by tive as the next High Representative for the Im- an inter-agency situation group. At the centre plementation of the Peace Agreement on Bosnia would be four task forces to cover the core strate- and Herzegovina, who would continue to coordi- gic areas of economic reform, refugee return, nate with the United Nations and consult with institution-building and the rule of law. The relevant organizations, in particular NATO and field presence would be restructured on the basis the Organization for Security and Cooperation of new joint areas of responsibility and the co- in Europe (OSCE), and establish appropriate con- location of all key agencies. That streamlined tacts with the Bosnia and Herzegovina authori- model would deliver a leaner, less bureaucratic, ties. In due course, the Council would invite non- international community presence with reduced EU European NATO members and prospective overall costs and was being put into effect imme- EU members, as well as non-EU OSCE members diately. currently contributing to IPTF, to contribute to The High Representative said that peace im- EUPM. plementation had reached the final stage, where Annexed to the document were EUPM’s mis- more had to be done with fewer resources, and sion statement; information on its chain of com- everything had to be prepared for a handover to mand, coordination and financing arrange- the local authorities. He was convinced that ments; and modalities for the participation of Bosnia and Herzegovina would be a viable State third States. if the overall plan continued to be implemented PIC Steering Board meeting. The Political with firmness and consistency. Directors of the PIC Steering Board (Brussels, Javier Solana, Secretary-General of the EU Belgium, 28 February) [S/2002/230] accepted the Council and High Representative for Common offer of the EU General Affairs Council to pro- Foreign and Security Policy, told the Council that videapolicemissionforthreeyearstoensure EUPM, to which 20 countries had been invited to the continuing professional development of the contribute, was an example of the EU’s willing- Bosnia and Herzegovina police forces, following ness and ability to work closely with the United the end of the UNMIBH/IPTF mandate. The Nations and was in line with the recommenda- Steering Board welcomed the EU’s intention to tions of the Brahimi report on UN peace opera- coordinate with the United Nations and to con- tions [YUN 2000, p. 83]. Both organizations were sult with relevant organizations and offered its aware of the need to establish practical arrange- full support to the EU’s efforts to achieve a seam- ments to ensure a smooth and seamless transition less transition of responsibilities from UNMIBH/ between IPTF and EUPM. Mr. Solana added that IPTF to EUPM. The Board requested the High the EU had provided Bosnia and Herzegovina Representative to inform the UN Secretary- and the wider region with the prospect of even- General of its decision. tual integration with the EU, progress towards The Steering Board also noted the EU’s inten- which lay entirely with Bosnia and Herzegovina tion to appoint an EU special representative as the itself.

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SECURITY COUNCIL ACTION 7. Reaffirms also the final authority of the High On 5 March [meeting 4484], the Security Council Representative in theatre regarding the interpretation unanimously adopted resolution 1396(2002). of annex 10 on civilian implementation of the Peace The draft [S/2002/221] was prepared in consulta- Agreement; tions among Council members. 8. Decides to remain seized of the matter. The Security Council, Recalling all its relevant resolutions, including reso- Implementation of Peace Agreement lutions 1031(1995) of 15 December 1995, 1088(1996) of 12 December 1996, 1112(1997) of 12 June 1997, 1256 PIC Steering Board meeting. At its 28 Febru- (1999)of 3 August 1999and 1357(2001) of 21June 2001, ary meeting [S/2002/230], the PIC Steering Board Recalling also the General Framework Agreement for welcomed the opportunity to meet with UNMIBH, Peace in Bosnia and Herzegovina and the annexes OSCE, the Office of the United Nations High thereto (collectively the “Peace Agreement”), and the conclusions of the Peace Implementation Conferences Commissioner for Refugees (UNHCR), the United held in Bonn on 9 and 10 December 1997, Madrid on Nations Development Programme (UNDP), the 16 and 17 December 1998 and Brussels on 23 and 24 International Monetary Fund (IMF) and the May 2000, World Bank to recalibrate and streamline the in- Welcoming the conclusions of the Steering Board of ternational civilian implementation effort in the Peace Implementation Council on 28 February Bosnia and Herzegovina. It also welcomed the 2002 as well as the conclusions of the General Affairs work of that country’s Election Commission in Council of the European Union of 18 February 2002, preparing for the first general elections under Expressing its appreciation to the Secretary-General, his Special Representative and the personnel of the local responsibility on 5 October (see p. 349). In United Nations Mission in Bosnia and Herzegovina, that regard, it underlined the responsibility of which includes the International Police TaskForce, for the Bosnian political leaders and institutions to their contributions to the implementation of the Peace ensure that the Bosnian people were able to exer- Agreement and preparations for the efficient transi- cise their democratic rights. It appreciated the se- tion to the follow-on to the Mission, condment of OSCE core staff to the Election Com- 1. Welcomes and agrees to the designation by the mission secretariat and the initial financing Steering Board of the Peace Implementation Council of 28 February 2002 of Lord Ashdown as High Repre- provided to the Commission by the local authori- sentative for the Implementation of the Peace Agree- ties. The Steering Board urged the country’s pol- ment on Bosnia and Herzegovina, in succession to itical leadership to reach a final agreement by Mr. Wolfgang Petritsch; mid-March on the implementation of the deci- 2. Expresses its appreciation to Mr. Wolfgang Pe- sion of the Bosnia and Herzegovina Constitu- tritsch for his achievements as the High Representa- tional Court on the Constituent Peoples’ Case tive; [YUN 2000, p. 349] so as to allow the elections to pro- 3. Welcomes the acceptance by the Steering Board ceed as scheduled. of the Peace Implementation Council on 28 February 2002 of the offer made by the European Union to pro- The Steering Board endorsed the streamlined vide a European Union police mission from 1 January task force model presented by the High Repre- 2003, to follow the end of mandate of the United sentative (see p. 345) and welcomed the integra- Nations Mission in Bosnia and Herzegovina as part of tion of Bosnia and Herzegovina authorities into a coordinated rule of law programme, and the inten- the model’s structures. The Board also endorsed tion of the European Union also to invite States that the High Representative’s proposed strategy are not members of the European Union to participate in the police mission; for judicial reform in 2002-2003 (see pp. 347, 348 4. Encourages coordination between the Mission, and 350) to strengthen rule-of-law efforts and the the European Union and the High Representative in restructuring of the court system. It invited the order to ensure a seamless transition of responsibili- Council of Europe and other relevant institu- ties from the International Police TaskForce to the Eu- tions to help the Office of the High Representa- ropean Union police mission; tive and the Independent Judicial Commission 5. Welcomes the conclusions of the Steering Board (IJC) refine the strategy’s implementation plan. of the Peace Implementation Council of 28 February 2002 concerning the streamlining of the international The Board insisted on the need for measures civilian implementation effort in Bosnia and Herze- to build an independent and efficient judicial govina; system that enjoyed public confidence and en- 6. Reaffirms the importance it attaches to the role hanced the environment for foreign investment. of the High Representative in pursuing the implemen- Under its new mandate, IJC should be self- tation of the General Framework Agreement for Peace managed and directly accountable to its donors; in Bosnia and Herzegovina and the annexes thereto it would continue to take policy direction from (collectively the “Peace Agreement”) and giving guid- and be responsible to the High Representative. ance to and coordinating the activities of the civilian organizations and agencies involved in assisting the The Steering Board attached great importance parties to implement the Peace Agreement; to the apprehension of Radovan Karadzic and all

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 347 others indicted by the International Tribunal for a High Judicial Council. It also encompassed the the Former Yugoslavia (ICTY) (see p. 1275). It reform of key laws, including civil and criminal urged domestic authorities to arrest them with- procedure codes. The Council of Europe had out delay and called on all indictees to turn them- been invited to work on the details of the strategy selves in voluntarily. in order to develop a judicial system compatible Security Council consideration (March). Ad- with modern European standards. dressing the Security Council on 5 March [meeting The High Representative stated that the main 4484], the High Representative said that ICTY’s political parties were discussing how to imple- work and the cooperation given to it by the ment the Constitutional Court’s decision [YUN Bosnia and Herzegovina authorities at the State 2000, p. 349] on the constituency of peoples level and in both entities were crucial to the coun- throughout Bosnia and Herzegovina, which try’s overall recovery. The entity of Republika would test whether the country would develop Srpska should be left in no doubt that, as long as into a State committed to human rights and the it failed to live up to its obligations, it would not rule of law, and to the protection of the individ- receive the full backing of the international com- ual and of all its constituent peoples. He stressed munity. In that context, the High Representative that the current constitutional discussions had to said he was convinced that, unless Radovan produce a successful outcome within days so that Karadzic, Ratko Mladic and other indictees the entity constitutions and the country’s ended up at ICTY in The Hague, people would Election Law could be amended in time to hold not be able to turn the page and look to the fu- general elections in October. Those elections, ture. Although the Serb Democratic Party (SDS), the first post-war polls organized by domestic au- founded by Karadzic, had announced the expul- thorities, would introduce a four-year election cy- sion of members indicted for war crimes, it would cle, which should further enhance the stability of have to show practical and public support for the political system. ICTY before credence could be given to that state- ment. As the rule of law had begun to take hold, the number of returning refugees throughout If approved by ICTY under the 1996 Rome Bosnia and Herzegovina had increased to more Agreement, commonly known as the “Rules of than 92,000 in 2001, a 36 per cent increase over the Road” procedure [YUN 1996,p. 1187], war crimes the figure for 2000. If maintained at that rate, cases might be tried in Bosnia and Herzegovina mass return would be completed within two courts (see p. 1281). In that regard, the Office of years. the High Representative was currently discussing with ICTY and the UN Office of Legal Affairs the Since the end of 1997, more than 102,000 ICTY Prosecutor’s proposal to remit ICTY cases to (41 per cent) of all property claims had resulted Bosnia and Herzegovina, with a view to cooperat- in repossession in all of Bosnia and Herzegovina. ing on a consultancy project, funded by the That rate would soon reach 50 per cent, thus United Kingdom and Sweden, which would meeting a key EU condition. However, adequate identify resources needed to try more war crimes funding needed to be sustained until completion cases in Bosnia and Herzegovina. of the return process. While international rule-of-law efforts had The Srebrenica massacre [YUN 1995, p. 529] had yielded results, progress in some areas had fallen left a legacy of war more bitter than any other. short of expectations because the judiciary had The United Nations Recovery Programme for not yet been thoroughly reformed. IJC, estab- Srebrenica (see p. 355), which addressed that re- lished in 2000 [YUN 2000, p. 351], reported that gion’s extraordinary social and economic prob- judges and prosecutors, many of whom gained lems, would underpin international community office during or immediately after the war on efforts in the context of the action plan to facili- ethnic or political rather than professional tate returns to Srebrenica. Following the High grounds, were often unfit to carry out their du- Representative’s decision setting aside land for a ties. Adequate financing was lacking, and courts cemetery and a memorial at Potocari near were often subjected to undue external influ- Srebrenica [YUN 2000, p. 353], a marker stone at the ence. site had been formally installed in 2001 [YUN 2001, The High Representative reported that he had p. 342]. The proposal by the associations of the vic- presented a reinvigorated programme of judicial tims’ families to add the nearby Battery Factory reform measures for 2002-2003 to the February site as a location for the memorial was under con- meeting of the PIC Steering Board (see p. 346) sideration, and a property assessment of the site, that combined restructuring of the Bosnia and funded by the United States, was under way. The Herzegovina court system and a depoliticized High Representative urged those associations to appointment procedure, with the introduction of proceed without delay to plan for the burial of

YUN02—3rd page proofs May 24 2004 348 Political and security questions the remains that had been exhumed and pre- reform unit, staffed almost entirely by Bosnians, pared for interment. to rewrite Bosnian law. Together with the coun- try’s authorities, the Office had begun the long- Civilian aspects overdue restructuring of the entire court system and to ensure that only honest judges and prose- Office of High Representative cutors administered the law. Already established were the High Judicial and Prosecutorial Coun- The civilian aspects of the 1995 Peace Agree- cil, a special chamber in the State Court and a ment [YUN 1995, p. 544] entailed a wide range of special department in the Office of the Prosecu- activities, including humanitarian aid, infra- tor to tackle organized crime. structure rehabilitation, establishment of politi- The centrepiece of the judicial reform effort cal and constitutional institutions, promoting re- was the new Court of Bosnia and Herzegovina. spect for human rights and the holding of free Before a workable justice system could be and fair elections. The High Representative, who achieved, however, increased efforts were needed chaired the PIC Steering Board and other key to establish outstanding key pieces of legislation implementation bodies, was the final authority central to the pursuit of justice, such as a new with regard to implementing the civilian aspects State criminal code and criminal procedure code, of the Peace Agreement [ibid., p. 547].UNMIBH, which were shortly to be presented for enact- which comprised a UN civilian office, IPTF and ment. The new Court also needed the interna- MAC, reported to the Secretary-General through tional community’s help in securing experts and the Special Representative and Coordinator of resources to implement witness protection, anti- United Nations Operations in Bosnia and Herze- money-laundering and asset forfeiture pro- govina, Jacques Paul Klein (United States). grammes, as well as judges and prosecutors to The Steering Board met during 2002 at the mentor and guide local judges and prosecutors level of ambassadors and political directors on 28 in implementing the new justice system. Sub- February, 21 and 27 March, 19 April, 7 May, 31 stantial support was also required to train local July, 20 and 24 September and 21 November. judges, prosecutors, the defence bar and police Reports of High Representative. The High and court officials in the use of the new criminal Representative, Wolfgang Petritsch (Austria) code soon to be introduced. until 27 May, and Lord Ashdown (United King- The country’s economy was a further front of dom) as from that date, reported to the Security reform. Some headway had been made in recent Council through the Secretary-General on the months with the enactment of an amendment to peace implementation process during the year, the State law on civil aviation, laws on entity elec- covering the periods 26 August 2001 to 19 Febru- tricity and on banks, the Federation law on con- ary 2002 [S/2002/209]; 20 February to 7 May cessions and the State veterinary law. A simpli- [S/2002/547]; and 8 May to 11October [S/2002/1176]. fied business registration system remained to be Those reports described progress in the imple- instituted. However, none of the reforms would mentation of the Peace Agreement’s civilian as- make a difference unless they were implemented pects, which the High Representative had been and unless the Government changed its way of mandated to monitor, mobilize and coordinate. operating. The equivalent of some 300 million (For details of the reports’ specific topics, see be- euros, one and a half times the entire State bud- low.) get, were lost yearly to corruption and smuggling, as were about 30 million euros in just over a Implementation priorities month through sales tax evasion. The Office had, Security Council consideration (October). therefore, proposed replacing the corruption- The new High Representative, Lord Ashdown, prone sales tax with a modern value-added tax in his first briefing to the Security Council on 23 system at the State level, and had asked the Euro- October [meeting 4631], outlined the priorities for pean Commission to recommend ways of work- his term of office, which were to achieve justice ing with the Bosnia and Herzegovina authorities and jobs through reform; details for their imple- to reform the customs system so as to cut fraud mentation were set out in a document agreed and boost revenues. with Bosnia and Herzegovina authorities enti- As to Bosnia’s central Government, the Office tled “Justice and Jobs”. A start had been made was proposing to end the system of ethnic rota- in establishing the rule of law, by reorganizing tion in the Council of Ministers, which institu- the international community’s presence in the tionalized instability, and to give its Chair profes- country. The Office of the High Representative sional civil service support (see p. 351). was establishing a new unit to tackle crime and In addition to those key structural reforms, corruption, and had already established a legal coupled with aggressive economic reforms to

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 349 bring to fruition the core agenda of justice and ments agreed by the political parties in March jobs, the Office needed to press ahead with reor- (see below) and imposed in April in both the Fed- ganizing and downsizing the armed forces. The eration and Republika Srpska. High Representative further stated his determi- The Office of the High Representative contin- nation to hand over, by the end of 2003, manage- ued to support and coordinate work on the ment of the refugee return programme to the Srebrenica-Potocari Memorial and Cemetery. Bosnia and Herzegovina authorities. To realize The concept design as agreed by a selection jury that goal, he appealed for continued support and was approved by the Foundation’s Executive funding, including for building the management Board on 18 September. A ground-breaking cer- capacity of local institutions. He expressed con- emony took place on 11 October. cern that some of the largest donors were prema- Constitutional reform. The High Representa- turely scaling back their 2003 funding for the tive noted in his May report [S/2002/547] that nego- programme. tiations by the main Bosnia and Herzegovina To provide focus and discipline to the efforts parties for amending the constitutions of the of his Office, the High Representative had in- country’s two entities to ensure protection of the structed his staff to draw up a mandate imple- rights of all of their constituent peoples, in ac- mentation plan, setting out its core tasks, with cordance with the 2000 Constitutional Court de- measurable benchmarks and proposals for ac- cision [YUN 2000, p. 340], had been successfully complishing them, for presentation to the 21 No- concluded under his auspices. The results were vember meeting of the PIC Steering Board. formalized on 27 March in the Mrakovica- Sarajevo Agreement, which contained key ele- Civil affairs ments for the implementation of the Court In his May report [S/2002/547], the High Repre- decision. The resultant changes to the entities’ sentative noted that Bosnia and Herzegovina had constitutions, as passed by their respective parlia- made significant strides towards a progressive ments, reflected full respect of the Agreement, transfer of ownership to its citizens and institu- with a few elements imposed by the High Repre- tions—progress recognized by the Council of Eu- sentative’s 19 April decision, to correct three rope when it granted the country full member- amendments in respect of Republika Srpska and ship in the Council on 24 April. to complete a parliamentary procedure in the Failure of the hard-line leadership of the Federation that secured a mandatory two-thirds Bosnian Croats to establish a third entity (so- majority in its lower House. The political leader- called “Croat Self-Rule in Bosnia and Herze- ship of Republika Srpska further accepted the govina” [YUN 2001, p. 339]) had led to a crisis in the Agreement’s provision that Bosniacs and Croats Nationalist Croat Democratic Party (HDZ). After should also be given positions in that entity’s refusing to step down from their leadership posi- Government, legislature and judiciary. tions in that party, Ante Jelavic and his associates Communication. Following the amendment resigned on 4 May, finally putting an end to the of the constitutions described above, the EU,on pursuit of a third entity. 23 April [S/2002/490], commended the two enti- In February, the Council of Ministers adopted ties’ political leaders for having brought that pro- the Civil Service Law aimed at creating a cadre of cess to a successful close. It also commended the civil servants at the State level through merit se- High Representative’s efforts in that regard. It lection (see p. 351).The High Representative im- encouraged all leaders to implement the consti- posed several amendments to the Election Law in tutional reforms swiftly. April, allowing the elections of the country’s main institutions to be held as scheduled on General elections 5 October (see below). General elections were held on 5 October, the In October [S/2002/1176], the High Representa- first to be organized and run by Bosnia and Her- tive reported that, to clear the way for a new be- zegovina authorities rather than by OSCE, the ginning following the elections and to finish the High Representative reported in October [S/2002/ work of the last Government, he had issued a 1176 ] . Contested by 57 political parties, nine coali- number of decisions on 6 October, including tions and three independent candidates, the elec- those amending the immunity laws to bring the tions were efficiently organized and conducted in country’s practices in line with European stand- a peaceful and orderly manner. Voter turnout, at ards by restricting the scope of the immunity pro- 54.68 per cent, compared to 64.4 per cent in 2000 visions to actions carried out strictly in the per- [YUN 2000, p. 349], was not as high as desired; young formance of official duties and limiting the people in particular did not vote. Representatives number of officials covered by immunity. He also of the Party of Democratic Action (SDA), the Serb gave the force of law to the constitutional amend- Democratic Party (SDS) and HDZ won the Bosniac,

YUN02—3rd page proofs May 24 2004 350 Political and security questions

Serb and Croat seats in the three-member Bosnia War crimes and Herzegovina Presidency. At the State level The High Representative reported in May and in the elections for the entity parliaments, [S/2002/547] and October [S/2002/1176] that his Of- HDZ and SDS saw their vote drop slightly, while fice continued to work closely with ICTY to pres- SDA’s increased by 5 per cent. The multi-ethnic sure the authorities in Bosnia and Herzegovina, Social Democratic Party (SDP), the central party especially those in Republika Srpska, to co- in the “Alliance for Change” coalition that gov- operate more efficiently with it (see p. 1280). erned at the State and Federation levels, lost the Early in the year, he appointed a group of four biggest share of the vote, dropping from 27.3 per experts in war crimes prosecutions and the judi- cent to 16.2 per cent. cial system in Bosnia and Herzegovina to pre- The High Representative said he did not share pare a report on the possibility of prosecuting the analysis of the international press that the domestic war crimes cases in the soon-to-be- election results were a vote for a return to nation- established Court of Bosnia and Herzegovina alism. Rather, the low turnout represented a pro- and/or in other domestic courts. Their report, test at the slow pace of reform in the country, issued in May, identified the Court of Bosnia and punishing the parties that had been in govern- Herzegovina as the suitable domestic institution ment for the preceding two years. to deal with such cases, either referred from ICTY or initiated domestically. The consultants made Refugees specific recommendations and suggestions in As reported by the High Representative in Oc- terms of legislation and practical aspects to en- tober [S/2002/1176], the number of refugee returns able that Court to fulfil its tasks. The Criminal to and within Bosnia and Herzegovina registered Investigation and Prosecutorial Unit of the High by UNHCR in 2002 had risen from some 820,000 Representative’s Office would work to imple- to well over 880,000. The total for the first seven ment those recommendations, including the es- months of the year was higher than that for the tablishment of an International Humanitarian same period in 2001, promising an overall num- Law Division within the Court. The High Repre- ber to equal, if not surpass, the nearly 100,000 sentative stated that his overall reform strategy registered in 2001. and implementation of the rule-of-law targets Property Law Implementation Plan (PLIP) sta- would ensure that ICTY’s current concerns about tistics had also risen, from 49 per cent of claims the country’s judicial system with respect to war resolved in December 2001 to nearly 60 per cent crimes prosecutions would be addressed. by August 2002. However, as well over 100,000 On 8 February, the High Representative de- property claimants were still denied return to cided that the entity Ministries of Urban Plan- their homes, PLIP agencies, on 12 September, ning, rather than the municipal authorities, were launched a New Strategic Direction Initiative de- responsible for issuing the relevant permits for manding stricter adherence to the property laws the reconstruction of monuments demolished through greater transparency in claims pro- during the war. cessing, respect for the legally required chrono- logical processing of claims and a tougher line on Judicial reform evictions. In addition, Republika Srpska, on In May [S/2002/547], the High Representative 9 March, issued an instruction setting up com- reported that the work of IJC, established in 2000 missions to review illegally allocated apartments [YUN 2000, p. 351], pointed to structural shortcom- that were subsequently privatized. On 16 April, ings in both the judicial disciplinary systems and the High Representative issued two decisions lift- the legal framework. As a result, the PIC Steering ing the freeze he had imposed in 2001 on the Board, meeting at the political directors level Republika Srpska law on the privatization of on 28 February (see p. 346), endorsed his pro- socially owned apartments, as well as a similar gramme of action for judicial reform and, on freeze in place in the Federation. 7 May, welcomed his plan to ensure completion At the regional level, some 21,000 Croatian of the first phase, which involved depoliticizing Serb refugees remained in Bosnia and Herze- the regulation of the legal profession and ensur- govina, in many cases occupying Bosniac- or ing the establishment of training institutes in Croat-claimed property in Republika Srpska. both entities, to be coordinated by the proposed Their return was being hindered by the continu- single High Judicial and Prosecutorial Council. ing absence of appropriate property legislation That Council would lay the foundation for the ju- in Croatia, thus placing an added burden on the diciary’s further reform, including the restruc- Bosnia and Herzegovina authorities to provide turing of the court and prosecutorial systems. alternative accommodation for people required The High Representative further reported in by property laws to vacate claimed property. October [S/2002/1176] that, apart from the estab-

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 351 lishment of a new unit to tackle crime and cor- was discussing ways of introducing proportional ruption and of a new Legal Reform Unit, the representation of all constituent peoples in all process of restructuring the court system at all public institutions and ministries at the entity levels, in cooperation with the Bosnia and Herze- level. govina authorities, had begun. The High Judi- In relation to financial crime and corruption, cial and Prosecutorial Council, responsible for the High Representative reported that he had the appointment of all judges and prosecutors been forced on 14 June to remove the Federa- and for conducting disciplinary proceedings tion’s Deputy Prime Minister and Minister for against them, had been established. In June, the Finance, Nikola Grabovac, from office following Office of the High Representative proposed to the scandal involving the fraudulent transfer of Parliament draft laws to strengthen the criminal the equivalent of some $800,000 of public funds justice system by the creation of special panels in into private hands. While the decision did not re- the Criminal and Appellate Divisions of the flect criminal responsibility on Mr. Grabovac’s Bosnia and Herzegovina Court and of a special part, he had clearly failed to actively supervise his department in the Office of the Prosecutor, for Ministry and effectively perform the duties of his organized crime, economic crime and corrup- office. tion. The PIC Steering Board endorsed those goals at its 31 July meeting. In August, the High Media issues Representative put in place the Law on Amend- ments to the Law on the Court of Bosnia and Priority continued to be given to developing an Herzegovina and the Law on the Office of the independent media, free of nationalist bias. A Prosecutor, and issued decisions harmonizing significant element in the implementation of the the prosecutorial system in the Federation and in High Representative’s second media decision Republika Srpska. On 23 September, the Bosnia [YUN 2000, p. 353], on the restructuring of the and Herzegovina authorities presented a joint ju- Bosnia and Herzegovina Public Broadcasting dicial reforms programme to the PIC Steering System (PBS), was the launching in May of the Board. Part of the jobs and justice agenda (see countrywide PBS news. The drafting of legisla- p. 348), that programme included key pledges tion for restructuring the new PBS was nearing ensuring respect for the rule of law by Govern- completion. In January, the Office of the High ment and Parliament; creating a legal framework Representative took over the Free Media Help based on an integrated justice system that worked Line project from OSCE, which assisted journal- in the interests of citizens and business; fully sup- ists and media outlets in the event of interference porting an efficient and effective justice system; with or threats and intimidation against them. and giving the criminal justice system the tools to The implementation of the Freedom of Access to fight crime and corruption. Information Act had begun at both the State and entity levels. The Act on Protection against Defa- In cooperation with UNMIBH/IPTF, good pro- gress was also being made on establishing the mation was in force in Republika Srpska but was State Information Protection Agency, on certify- yet to be adopted by the Federation parliament. ing the police and on training special police units The Communications Regulatory Agency had capable of taking on organized crime. successfully completed the second phase of its licensing process by which an assessment was Public administration reform made of each radio and television station with re- gard to programme content, financial viability The High Representative, in his October re- and technical capability. The Agency was able to port [S/2002/1176], said that efforts continued to reduce the excessive number of stations—out of eliminate patronage and establish a professional, 258, 71 per cent were granted long-term licences— apolitical and merit-based civil service sector in thus enhancing the economic viability of the accordance with European standards. Following media market. the imposition of the State-level Civil Service Law on 23 May, the Council of Ministers confirmed the appointment of the first head of the Civil Economic reform and reconstruction Service Agency. The Office of the High Repre- The High Representative reported [S/2002/1176] sentative was working closely with the interna- that Bosnia and Herzegovina had no choice but tional community and domestic authorities to to increase the pace of economic reform in the make the new Agency fully operational as soon as face of a number of serious economic problems. possible. It was also examining ways of imple- Donor contributions were falling, foreign debt menting some of the most difficult aspects of the was increasing, little or no foreign direct invest- 19 April constitutional amendments (see p. 349) ment existed to fill the gap, and the country in public administration. A special expert group risked being in the grip of a severe domestic debt

YUN02—3rd page proofs May 24 2004 352 Political and security questions crisis. The process of economic reform and State-level railway and road laws. An amendment institution-building continued to face many chal- to the aviation law enabling a more efficient man- lenges, especially in Republika Srpska, where agement structure for the Department of Civil continued opposition by that entity’s politicians Aviation, passed in August, would help to im- to the establishment of a single economic space prove the working of that body and its transition in Bosnia and Herzegovina was impeding the from military to civilian control in December. development of the entity itself and the country The International Framework Agreement on the as a whole. Furthermore, discredited politicians Sava River Basin, finalized in September in continued to exercise political influence through Brcko, would regulate all aspects of sustainable economic activities, such as control of public water management. Under that Agreement, the companies in strategic sectors. parties were to establish an International Sava Nonetheless, progress had been made in a River Basin Commission. number of areas. The State Law on Civil Avia- A notable area of success was in the banking tion, the Entity Electricity Laws, the Federation and finance sectors, whose existing institutions Law on Concessions, the Entity Laws on Banks were undergoing a process of privatization or liq- and the State Veterinary Law had all been passed. uidation, which, the High Representative re- The Bosnia and Herzegovina authorities and in- ported [S/2002/547], should be completed by year’s ternational community organizations based in end. Increasing numbers of companies had reg- Sarajevo presented a joint economic reform pro- istered with the entities’ securities commission, gramme to the PIC Steering Board meeting on 30 and 2002 saw the advent of stock exchange opera- July. In response, the Council of Ministers and tions in Sarajevo and Banja Luka, signalling an entity Prime Ministers committed their Govern- important component of the country’s transition ments to undertaking specific measures to im- to a market economy. prove the business environment; make govern- ment more efficient; guarantee the free UN Mission in Bosnia movement of goods, people, services and capital and Herzegovina (UNMIBH) in order to establish a single economic space; de- Security Council consideration (March). The liver high-quality utilities and public services; Secretary-General, speaking before the Security and provide an affordable safety net for elderly Council on 5 March [meeting 4484], reported that and vulnerable persons. The programme set out UNMIBH was on track to completing its core man- specific targets to be achieved, with coordinated date by the end of 2002. It had improved and in- international support. tegrated the police, while serving as a voice for Progress was made in the tax and fiscal struc- coexistence, tolerance and cooperation at all lev- ture through the introduction in July of the ex- els of society. It had transformed and reduced the cise tax allocation mechanism and removal of police force from a 40,000-strong wartime militia double excise taxation, making it easier for man- to a 16,000-strong professional police force. Each ufacturers and traders in excisable goods to do police officer had been trained in human rights, business inside the country. With the completion as had selected groups in drug control, organized of the legal framework for the electricity sector, crime and crowd control; two multi-ethnic police the first step in the implementation of the re- academies had been established, in Sarajevo and cently adopted State and entity electricity laws in Banja Luka; and the State Border Service was the formation of several State and entity reg- currently covered 75 per cent of the country’s ulatory agencies. Work continued to increase le- borders and had reduced illegal immigration gal certainty in the telecommunications sector through the country by two thirds. Although and create favourable conditions for future pri- UNMIBH would complete the peacekeeping phase vatization. In June, the Communications Regula- of police restructuring by year’s end, certain tory Agency issued countrywide licences to the challenges remained for the Bosnians and the in- three fixed-line network operators and providers ternational community, which was committed to of network facilities. The issuance of such li- helping them: low police salaries, poor housing cences was an important step towards the cre- conditions, lack of funds and continued political ation of a single economic space by allowing serv- interference in the work of law enforcement ice providers to operate countrywide. With the agencies. The Secretary-General welcomed the rehabilitation of the transportation infrastruc- EU’s decision to establish a post-UNMIBH follow- ture largely completed, attention was turning to- on mission to be responsible for the next phase of wards establishing the legal and regulatory capacity-building in law enforcement, including frameworks required to manage operations in a improving the judicial and penal systems. The competitive market. The Office of the High Rep- United Nations stood ready to cooperate with the resentative set up working groups to develop new EU, the Office of the High Representative and

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 353 others to ensure timely planning and a smooth supported 471 projects, costing over $17million. transition. The remaining 64 projects would be completed The Secretary-General’s Special Representa- within the year, at a cost of $4 million. tive and UNMIBH Coordinator, in his detailed As to institution-building, the State Border briefing, said that UNMIBH was steadily progress- Service had made extraordinary progress. By the ing towards completing its core mandate on end of April, some 88 per cent of the border and schedule and within budget. It had finalized its all airports would be under its control. Its effec- 2002 action plan for completing, by December, tive operation, together with the introduction of the remaining projects of the Mandate Imple- a partial visa regime and an airport landing mentation Plan. Highlighting some of UNMIBH’s card, resulted in a significant decrease in illegal achievements, the Special Representative reported, migration through Sarajevo airport, and an esti- with respect to police reform, that UNMIBH had mated 20 per cent increase in customs revenues. completed, in January, the two-year project of UNMIBH also established mechanisms for re- registering all 16,919 law enforcement officers gional police cooperation through the regular currently exercising police powers in Bosnia and ministerial-level meeting on police and the trilat- Herzegovina and had begun to weed out those eral Regional Law Enforcement Agreement. suspected of war crimes or other crimes and In the continuing effort to aggressively combat those violating property laws. Some 2,000 police human trafficking, special teams of international officers had regularized their housing and a fur- and local police under the Special Trafficking ther 3,000 were being vetted. In addition to com- Operations Programme (STOP) had monitored pulsory human rights and advanced professional 270 raids and interviewed 800 women and girls training, UNMIBH, in close cooperation with involved in prostitution. Since March 1999, some SFOR, had placed particular importance on im- 410 trafficking victims had been assisted and re- proving local police capacity in crowd and riot patriated to their home countries. The focus had control. In January, UNMIBH and the SFOR multi- currently shifted to prosecuting traffickers and national support units jointly conducted the first brothel owners. training of 100 members of local police support According to the Special Representative, the units. foregoing were some of the milestones inspiring In police restructuring, a comprehensive sys- confidence that UNMIBH would achieve its core tems analysis of 21 police administrations began, goals in 2002 and hand over a successful opera- also in January. The Brcko District Police Force, tion to EUPM, including the fact that over 92,000 established in 2001, served as the model for a refugees and displaced persons returned to their democratic, multi-ethnic local police institution. homes in 2001 with very few security-related inci- The goal was to accredit those law enforcement dents, and Bosniacs were able to celebrate, with- agencies that met that model. The expected com- out incident, their Bajram (religious holiday) at pletion of the project in September would coin- the site of the destroyed Ferhadija mosque in cide with the final certification of individual Banja Luka and in other previously difficult police officers. In February,the six small and eth- areas in eastern Republika Srpska. However, nically segregated Bosnia and Croat police ad- much remained to be done in the remaining 10 ministrations in Mostar were united, breaking a months, and some of the challenges were beyond three-year deadlock. UNMIBH’s resources or authority, including ad- The representation of minority police had ditional funding for major projects; there was a steadily increased, with over 1,050 of them, in- shortfall of $3.5 million for capital and equip- cluding 365 women, having been recruited. ment costs to complete the State Border Service Some 192 had returned to their pre-war locations and about $1.5 million was needed for the United through UNMIBH’s voluntary redeployment pro- Nations Trust Fund for Police Assistance to com- gramme, and 85 former officers had been re- plete basic police equipment and facilities. employed following refresher courses. Another UNMIBH’s downsizing and mission liquida- 300 minority cadets were expected during the tion planning was well advanced. It would retain year, and more could be processed once the EU- around 1,600 IPTF monitors until the October financed rebuilding of the police academies was elections, to be downsized to around 600 in prep- completed. aration for the transition to the EU mission. SFOR UNMIBH had so far disbursed or committed would remain until there was full political stabili- the $16 million contributed to the United Na- zation and substantial progress in reconciliation. tions Trust Fund for the Police Assistance Pro- Report of Secretary-General (June). On gramme for basic police equipment and facilities. 5 June [S/2002/618], the Secretary-General re- In addition, the United Nations Trust Fund for ported on the final stage of police certification, the Restoration of Essential Public Services had which had begun in January. IPTF handed over to

YUN02—3rd page proofs May 24 2004 354 Political and security questions local police instructors all formal training at the provisionally authorized police in the Federation two police academies, and IPTF-approved curric- Ministry of the Interior and cantons, and 4.9 per ula were introduced at the Junior College in cent in Republika Srpska. However, the number Banja Luka and the Criminal Faculty of the Uni- of volunteers for minority positions, particularly versity of Sarajevo. Basic training in community in Republika Srpska, had declined due to con- policing for all police officers had been com- cerns about low salaries, housing, spouse em- pleted, and nearly 1,900 police officers had un- ployment and local education, as well as political dertaken various additional courses for enhanced obstruction in some areas. To further encourage police performance, including on technical and minority police recruitment, additional finan- managerial skills. cial incentives were needed, such as equalization Police performance had improved at sensitive of police benefits. Although the High Represen- events, such as religious celebrations or com- tative decided on 30 April to prioritize property memorations. Active policing in return areas cre- claims by minority police officers so as to facili- ated the security conditions essential for an un- tate resolution of their housing needs, the Feder- precedented number of minority returns. While ation Government had failed to implement its there was no change in the number of reported commitment to provide salary assistance for po- inter-ethnic incidents (approximately 100) com- lice in the Srebrenica area. pared to 2001, the number of serious crimes had The Court Police project was reaching its final decreased. Police and municipal officials were stages. Deployment had been completed in six more likely to condemn those crimes publicly cantons of the Federation and special training of and to take appropriate additional security meas- selected officers in VIP protection and manage- ures, but investigations into high-profile inter- ment skills continued. Legislation establishing ethnic crimes, and subsequent judicial follow-up, the Court Police in Republika Srpska was under remained inadequate. review by the entity’s National Assembly. Progress continued in the introduction of the UNMIBH established mechanisms for inter- post of an independent Police Commissioner in entity and interregional police cooperation, in- each police administration. The legislative cluding a shared data bank of 3,000 names on a framework was finally in place in the Federation wanted list and a watch list. On 27 May, the State cantons for the selection and appointment of House of Peoples adopted the law establishing permanent Police Commissioners. At UNMIBH’s the the State Information and Protection Agency, request, the High Representative imposed laws akeyUNMIBH-initiated project responsible for on internal affairs in all Federation cantons on 23 the collection, analysis and distribution of crimi- May, to bring them in line with UNMIBH model nal data; for security of VIPs, diplomatic facilities legislation, including the two consistently ob- and State institutions; and for cooperation and structionist Croat-majority western Herzegovina coordination with Interpol. Deployment would canton 8 and “Herzeg-Bosnia” canton 10. While begin once the law was adopted by the State the Republika Srpska Ministry of the Interior House of Representatives in June. had agreed to introduce all UNMIBH legislative Improved security conditions contributed to requirements, the Federation Interior Minister the increase in minority returns throughout continued to undermine and obstruct that proj- Bosnia and Herzegovina. UNHCR reported that ect, including by refusing to accept the essential 20,224 had registered in the first quarter of 2002, amendments to the current draft Law on Internal a 30 per cent increase over the same period in Affairs, presented on 11 May in a joint UNMIBH– 2001. Housing reconstruction, for which interna- Office of the High Representative démarche. tional contributions were dwindling, posed a Under the continuing programmes for in- great challenge to minority returns. The imple- creasing minority representation in the police mentation rate of the Property Law, as amended forces, the number of cadets at the two multi- in December 2001, had increased to an average of ethnic police academies rose to 1,164. Thus far, 49 per cent nationwide as at March 2002 (54 per more than half of the 76 former police officers cent in the Federation, 43 per cent in Republika from ethnic minorities who had completed re- Srpska and 51 per cent in the Brcko district). fresher courses had assumed senior-rank posi- However, implementation remained difficult in tions. Since the start of the voluntary redeploy- some areas, particularly in eastern Republika ment programme, 165 officers had moved to Srpska, although even there some progress was areas where they represented an ethnic minority. noticeable. Priority was being given to female representa- Regarding reconstruction and rehabilitation, tion. The State Border Service and the Federa- the security and political situation in the wider tion Court Police were fully multi-ethnic. By May, Srebrenica area in Republika Srpska had stabi- minority police constituted 15.5 per cent of all lized and a promising start had been made on

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Bosniac returns to the area and Serb returns to consider the Secretary-General’s 5 June report. their homes outside it. UNDP, in cooperation Briefing the Council, the Special Representative with UNMIBH, designed the Srebrenica Regional and UNMIBH Coordinator expressed his full Recovery Programme, a comprehensive eco- support for the Secretary-General’s recommen- nomic and social development plan focused on dation to close the Mission at year’s end and two-way returns, employment generation, social summed up its successes, achieved at three levels. and community needs of the region and effective First, its mandate implementation plan had pro- local governance. Pledges of $3.6 million were vided it with unity of strategic purpose and an made specifically for the Programme at a donor exit strategy. Second, its practical achievements conference in New York on 13 May. had promoted local confidence-building and UNDP had completed the first-ever Living security in police institutions. Third, it had Standard Measurement Study in Bosnia and made systemic changes that created a police force Herzegovina and had finalized the third UNDP fit for Europe; by the conclusion of the nation- National Human Development Report. Its Aid wide systems analysis of police administrations Coordination Project, involving the State-level (see p. 353) and the establishment of the State In- Ministry of Foreign Trade and Economic Rela- formation and Protection Agency, Bosnia and tions and aid coordination units in both entities, Herzegovina would have the crime-fighting ap- began in December 2001. The United Nations paratus of a modern State. Educational, Scientific and Cultural Organiza- Remaining to be resolved for the successful tion (UNESCO) assisted in educational reform, completion of UNMIBH’s core mandate were: in- particularly in curriculum development, while sufficient local funding to maintain or fully de- the United Nations Children’s Fund (UNICEF) ploy the State Border Service; legislation to create and the World Health Organization (WHO) initi- the position ofa permanent Police Commissioner ated the National Strategic Planning process on in every police administration, crucial to insulate HIV/AIDS issues, including the establishment the work of law enforcement agencies from politi- of a National AIDS Commission. UNICEF was also cal interference; and non-implementation by the supporting the introduction of child-centred Federation of its long-standing commitment to teaching methodologies and child-friendly envi- provide salary assistance to police officers in the ronments in all primary schools. The Office of Srebrenica area in Republika Srpska, which had the United Nations High Commissioner for Hu- led to the resignation of the first Bosniac deputy man Rights (OHCHR) continued to provide hu- police chief there. man rights expertise and guidance to other UN Regarding the transition to EUPM, the new agencies and domestic institutions and to work ITPF Commissioner, Sven Christian Frederiksen closely with civil society and the Government. To- (Denmark), who assumed duties on 1 June, gether with UNDP, it initiated the joint Municipal would complete UNMIBH’s mandate and become Assessment Programme to provide human rights the head of EUPM on 1 January 2003. The EU assessments in 48 municipalities, setting base- Mission’s success depended on establishing mu- lines and indicators against which progress could tually supportive relationships with the Euro- be measured and targeted programming de- pean Commission, particularly the Community veloped. Assistance for Reconstruction, Development and The Secretary-General observed that two core Stabilization programme. projects required additional support for their completion during the year: the establishment of Mandate extension the permanent Police Commissioner post in the In connection with the Security Council’s con- Federation and the State Border Service. He sideration of the Secretary-General’s recommen- urged State authorities to give priority to funding dation on the final extension of the UNMIBH the latter and potential donors to consider mak- mandate (see above), together with a related ing additional financial contributions. He rec- draft resolution circulated to the Council by Bul- ommended that the Security Council extend garia, the United States raised its concerns over UNMIBH’s mandate to terminate on 31 Decem- the scope of the jurisdiction of the International ber, at an authorized strength of 1,600 police of- Criminal Court (ICC) in relation to UN peace- ficers, to be drawn down after the 5 October gen- keeping operations [S/2002/843, S/2002/937]. Estab- eral elections to 460 officers. During that time, lished by the 1998 Rome Statute of the Interna- UNMIBH would coordinate closely with the EU tional Criminal Court [YUN 1998, p. 1209], ICC was and the High Representative to ensure a seamless due to enter into force on 1 July (see p. 1298). To transition of responsibilities from IPTF to EUPM. devise a consensus solution to the issue, the Security Council consideration (June). On 19 Council held a number of informal consultations June [meeting 4555], the Security Council met to in June and July. During that time, it met in for-

YUN02—3rd page proofs May 24 2004 356 Political and security questions mal sessions to extend UNMIBH’s mandate for a professional State Border Service, a key instru- three short periods: to 30 June, and to 3 and 15 ment for fighting contraband activities and July. illegal immigration, would be left uncompleted, and the long-planned handover to EUPM would SECURITY COUNCIL ACTION be severely compromised. The Secretary- Pending an agreed outcome of the informal General appealed to Council members to inten- consultations, and given that the current sify the high-level negotiations to find a solution UNMIBH mandate was to expire on 21 June, the acceptable to all concerned that respected the Security Council met on that date [meeting 4558] principles of the Charter of the United Nations and unanimously adopted resolution 1418(2002). and the treaty obligations of Member States. The draft [S/2002/680] was prepared in consulta- Bulgaria, explaining its abstention, empha- tions among Council members. sized that it was not because it did not support the The Security Council, principle of a UN presence in Bosnia and Herze- Recalling all its relevant resolutions concerning the govina, but it wanted to draw attention to the lack conflicts in the former Yugoslavia, in particular reso- of unity in the Council on the issue raised by the lution 1357(2001) of 21 June 2001, United States. Bulgaria had proposed various Acting under Chapter VII of the Charter of the formulas at the informal consultations but had United Nations, been unsuccessful. 1. Decides that the provisions of resolution 1357 (2001) shall continue in force until 30 June 2002; On 30 June [meeting 4564], the Council unani- 2. Decides to remain seized of the matter. mously adopted resolution 1420(2002). The draft [S/2002/716] was sponsored by France, Ire- As further informal consultations on 27, 28 land, Norway and the United Kingdom. and 30 June failed to reach a solution to the issue The Security Council, raised by the United States, the Council agreed to Recalling all its relevant resolutions concerning the meet on 30 June [meeting 4563] and to vote on the conflicts in the former Yugoslavia, in particular reso- draft resolution [S/2002/712] submitted by Bul- lutions 1357(2001) of 21 June 2001 and 1418(2002) of 21 garia, France, Germany, Italy, Norway, the June 2002, Russian Federation and the United Kingdom, by Acting under Chapter VII of the Charter of the which the Council would have extended UNMIBH United Nations, for a final period, until 31 December. The vote 1. Decides that the provisions of resolution 1357 was 13 in favour, 1 against (United States) and 1 (2001) shall continue in force until 3 July 2002; abstention (Bulgaria). Owing to the negative vote 2. Decides to remain seized of the matter. of a permanent Council member, the draft was The Council continued its informal consulta- not adopted. tions on 2 and 3 July to find a solution to the con- Speaking before the vote, the United States cerns raised by the United States [S/2002/937].It drew attention to its long-standing and unques- further held a formal meeting on 3 July [meeting tioned commitment to peace and stability in the 4566] and unanimously adopted resolution 1421 Balkans. It expressed concern, however, over the (2002). The draft [S/2002/724] was prepared in question of ICC, particularly the need to ensure consultations among Council members. United States jurisdiction over its own nationals involved in UN peacekeeping and in coalition-of- The Security Council, the-willing operations. As the Council had failed Recalling all its relevant resolutions concerning the to resolve that concern, the United States would conflicts in the former Yugoslavia, in particular reso- vote against the draft. lutions 1357(2001) of 21 June 2001, 1418(2002) of 21 June 2002 and 1420(2002) of 30 June 2002, Following the vote, the Secretary-General Acting under Chapter VII of the Charter of the stated that UNMIBH’s mandate had come to an United Nations, abrupt end for reasons unrelated to the vitally 1. Decides that the provisions of resolution 1357 important work it was performing to implement (2001) shall continue in force until 15 July 2002; the Peace Agreement on Bosnia and Herze- 2. Decides to remain seized of the matter. govina. UNMIBH had made a universally recog- nized contribution to the re-establishment of the Following the Council’s open debate on 10 rule of law and political stability, but the State July, at Canada’s request [S/2002/723], and further and its institutions remained fragile and under informal consultations from 10 to 12 July pressure from nationalist forces. Unless agree- [S/2002/937], the issue was finally resolved through ment on an orderly winding down of the Mission the adoption of resolution 1422(2002) (see p. 70), was reached, the police in Bosnia would be left which paved the way for the adoption of the reso- unmonitored, unguided and unassisted. Key lution below that extended UNMIBH’s mandate programmes, including control of the borders by until 31 December.

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On 12 July [meeting 4573], the Council unani- Recalling the declarations of the ministerial meet- mously adopted resolution 1423(2002). The ings of the Peace Implementation Council, draft [S/2002/757] was prepared in consultations Taking note of the reports of the High Representa- among Council members. tive, including his latest report of 13 May 2002, Having considered the report of the Secretary- The Security Council, General of 5 June 2002, and welcoming the mandate Recalling all its relevant resolutions concerning the implementation plan of the Mission, conflicts in the former Yugoslavia, including resolu- Determining that the situation in the region contin- tions 1031(1995) of 15 December 1995, 1035(1995) of 21 ues to constitute a threat to international peace and December 1995, 1088(1996) of 12 December 1996, security, 1144(1997) of 19 December 1997, 1168(1998) of 21 May Determined to promote the peaceful resolution of the 1998, 1174(1998) of 15 June 1998, 1184(1998) of 16 July conflicts in accordance with the purposes and princi- 1998, 1247(1999) of 18 June 1999, 1305(2000) of 21 ples of the Charter of the United Nations, June 2000, 1357(2001) of 21 June 2001, and 1396(2002) of 5 March 2002, Recalling the relevant principles contained in the Reaffirming its commitment to a political settlement Convention on the Safety of United Nations and Asso- of the conflicts in the former Yugoslavia, preserving ciated Personnel of 9 December 1994 and the state- the sovereignty and territorial integrity of all States ment by its President of 9 February 2000, there within their internationally recognized borders, Welcoming and encouraging efforts by the United Welcoming the arrival in Bosnia and Herzegovina on Nations to sensitize peacekeeping personnel in the 27 May 2002 of the new High Representative for the prevention and control of HIV/AIDS and other com- Implementation of the Peace Agreement on Bosnia municable diseases in all its peacekeeping operations, and Herzegovina, looking forward to working closely Acting under Chapter VII of the Charter, with him, and emphasizing its full support for the con- tinued role of the High Representative, I Underlining its commitment to support the implemen- 1. Reaffirms once again its support for the General tation of the General Framework Agreement for Peace Framework Agreement for Peace in Bosnia and Herze- in Bosnia and Herzegovina and the annexes thereto govina and the annexes thereto (collectively the Peace (collectively the Peace Agreement), as well as the rele- Agreement), as well as for the Dayton Agreement on vant decisions of the Peace Implementation Council, implementing the Federation of Bosnia and Herze- Emphasizing its appreciation to the High Representa- govina of 10 November 1995, calls upon the parties to tive, the Commander and personnel of the multina- comply strictly with their obligations under those tional Stabilization Force, the Special Representative Agreements, and expresses its intention to keep the of the Secretary-General and the personnel of the implementation of the Peace Agreement, and the situ- United Nations Mission in Bosnia and Herzegovina, ation in Bosnia and Herzegovina, under review; including the Commissioner and personnel of the In- 2. Reiterates that the primary responsibility for the ternational Police Task Force, the Organization for further successful implementation of the Peace Agree- Security and Cooperation in Europe, and the person- ment lies with the authorities in Bosnia and Herze- nel of other international organizations and agencies govina themselves and that the continued willingness in Bosnia and Herzegovina for their contributions to of the international community and major donors to the implementation of the Peace Agreement, assume the political, military and economic burden of Welcoming the decision by the Council of Europe in- implementation and reconstruction efforts will be de- viting Bosnia and Herzegovina to become a member, termined by the compliance and active participation by and expressing its understanding that Bosnia and all the authorities in Bosnia and Herzegovina in im- Herzegovina will commit itself to make progress to- plementing the Peace Agreement and rebuilding a wards fully meeting the standards of a modern democ- civil society, in particular in full cooperation with the racy as a multi-ethnic, multicultural and united society, International Tribunal for the Prosecution of Persons Welcoming also recent progress in effecting the Responsible for Serious Violations of International decision of the Constitutional Court, and calling upon Humanitarian Law Committed in the Territory of the all to support swift implementation of constitutional Former Yugoslavia since 1991, in strengthening joint amendments in both entities of Bosnia and Herze- institutions which foster the building of a fully func- govina, which is critical to the establishment of stable tioning self-sustaining State able to integrate itself into democratic and multi-ethnic political and administra- the European structures and in facilitating returns of tive institutions necessary for the implementation of refugees and displaced persons; the Peace Agreement, 3. Reminds the parties once again that, in accord- Welcoming further the positive steps of the Govern- ance with the Peace Agreement, they have committed ments of the Republic of Croatia and the Federal Re- themselves to cooperate fully with all entities involved public of Yugoslavia towards fulfilling their continu- in the implementation of this peace settlement, as de- ing obligations as signatories of the Peace Agreement, scribed in the Peace Agreement, or which are other- strengthening their bilateral relations with Bosnia and wise authorized by the Council, including the Interna- Herzegovina and their increasing cooperation with all tional Tribunal, as it carries out its responsibilities for relevant international organizations in implementing dispensing justice impartially, and underlines that full the Peace Agreement, cooperation by States and entities with the Tribunalin- Emphasizing that a comprehensive and coordinated cludes, inter alia, the surrender for trial of all persons return of refugees and displaced persons throughout indicted by the Tribunal and provision of information the region continues to be crucial to lasting peace, to assist in Tribunal investigations;

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4. Emphasizes its full support for the continued role parties have consented to the Force taking such meas- of the High Representative for the Implementation of ures; the Peace Agreement on Bosnia and Herzegovina in 12. Further authorizes Member States to take all nec- monitoring the implementation of the Peace Agree- essary measures, at the request of the Force, either in ment and giving guidance to and coordinating the ac- defence of the Force or to assist the Force in carrying tivities of the civilian organizations and agencies in- out its mission, and recognizes the right of the Force to volved in assisting the parties to implement the Peace take all necessary measures to defend itself from attack Agreement, and reaffirms that the High Representa- or threat of attack; tive is the final authority in theatre regarding the inter- 13 . Authorizes the Member States acting under para- pretation of annex 10 on civilian implementation of graph 10 above, in accordance with annex 1-A of the the Peace Agreement and that in case of dispute he Peace Agreement, to take all necessary measures to en- may give his interpretation and make recommenda- sure compliance with the rules and procedures estab- tions, and make binding decisions as he judges neces- lished by the Commander of the Force, governing sary on issues as elaborated by the Peace Implementa- command and control of airspace over Bosnia and tion Council in Bonn on 9 and 10 December 1997; Herzegovina with respect to all civilian and military 5. Expresses its support for the declarations of the air traffic; ministerial meetings of the Peace Implementation 14 . Requests the authorities in Bosnia and Herze- Council; govina to cooperate with the Commander of the Force 6. Recognizes that the parties have authorized the to ensure the effective management of the airports of multinational force referred to in paragraph 10 below Bosnia and Herzegovina, in the light of the responsi- to take such actions as required, including the use of bilities conferred on the Force by annex 1-A of the necessary force, to ensure compliance with annex 1-A Peace Agreement with regard to the airspace of Bosnia of the Peace Agreement; and Herzegovina; 7. Reaffirms its intention to keep the situation in 15. Demands that the parties respect the security Bosnia and Herzegovina under close review, taking and freedom of movement of the Force and other in- into account the reports submitted pursuant to para- ternational personnel; graphs 18 and 25 below, and any recommendations 16. Invites all States, in particular those in the re- those reports might include, and its readiness to con- gion, to continue to provide appropriate support and sider the imposition of measures if any party fails sig- facilities, including transit facilities, for the Member nificantly to meet its obligations under the Peace States acting under paragraph 10 above; Agreement; 17. Recalls all the agreements concerning the status of forces as referred to in appendix B to annex 1-A of II the Peace Agreement, and reminds the parties of their 8. Pays tribute to those Member States which partici- obligation to continue to comply therewith; pated in the multinational Stabilization Force estab- 18. Requests the Member States acting through or in lished in accordance with resolution 1088(1996), and cooperation with the organization referred to in an- welcomes their willingness to assist the parties to the nex 1-A of the Peace Agreement to continue to report Peace Agreement by continuing to deploy a multina- to the Council, through the appropriate channels and tional stabilization force; at least at monthly intervals; 9. Notes the support of the parties to the Peace * Agreement for the continuation of the Force, set out in * * the declaration of the ministerial meeting of the Peace Implementation Council in Madrid on 16 December Reaffirming the legal basis in the Charter of the 1998; United Nations on which the International Police Task Force was given its mandate in resolution 1035(1995), 10. Authorizes the Member States acting through or in cooperation with the organization referred to in an- III nex 1-A of the Peace Agreement to continue for a fur- 19 . Decides to extend the mandate of the United ther planned period of twelve months the Force as es- Nations Mission in Bosnia and Herzegovina, which in- tablished in accordance with its resolution 1088(1996) cludes the International Police TaskForce, for an addi- under unified command and control in order to fulfil tional period terminating on 31 December 2002, and the role specified in annexes 1-A and 2 of the Peace decides also that, during that period, the Task Force Agreement, and expresses its intention to review the shall continue to be entrusted with the tasks set out in situation with a view to extending this authorization annex 11 of the Peace Agreement, including the tasks further as necessary in the light of developments in the referred to in the conclusions of the London, Bonn, implementation of the Peace Agreement and the situa- Luxembourg, Madrid and Brussels Conferences and tion in Bosnia and Herzegovina; agreed by the authorities in Bosnia and Herzegovina; 11. Also authorizes the Member States acting under 20. Welcomes the decision of the European Union paragraph 10 above to take all necessary measures to to send a police mission to Bosnia and Herzegovina effect the implementation of and to ensure compliance from 1 January 2003 as well as the close coordination with annex 1-A of the Peace Agreement, stresses that between the European Union, the Mission and the the parties shall continue to be held equally responsi- High Representative for the Implementation of the ble for compliance with that annex and shall be equally Peace Agreement on Bosnia and Herzegovina to en- subject to such enforcement action by the Force as may sure a seamless transition, and the invitation of the Eu- be necessary to ensure implementation of that annex ropean Union to States that are not members of the and the protection of the Force, and takes note that the European Union to participate in the police mission;

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21. Requests the Secretary-General to keep the longer an impediment to return anywhere in the Council regularly informed and to report in six country, nor was the country the principal entry months on the implementation of the mandate of the point into Europe for illegal migrants. In Sep- Mission as a whole; 22. Reiterates that the successful implementation of tember, the State Border Service achieved 100 the tasks of the International Police Task Force rests per cent control of the land borders and the three on the quality, experience and professional skills of its international airports. Those achievements were personnel, and once again urges Member States, with based on the progressive completion of the six the support of the Secretary-General, to ensure the core programmes of UNMIBH’s mandate imple- provision of such qualified personnel; mentation plan, which were all in their final 23. Reaffirms the responsibility of the parties to stages. cooperate fully with, and to instruct their respective re- sponsible officials and authorities to provide their full With respect to the police reform programme, support to, the International Police Task Force on all UNMIBH, on 18 October, began announcing final relevant matters; certification of the 16,832 local police officers 24. Reiterates its call upon all concerned to ensure who in 1999 had been only provisionally author- the closest possible coordination between the High ized to work. Besides the 234 already dismissed Representative, the Stabilization Force, the Mission for misconduct or wartime background, some and the relevant civilian organizations and agencies so 500 to 600 appeared not to be entitled to certifi- as to ensure the successful implementation of the Peace Agreement and of the priority objectives of the cation because of unlawful housing, false diplo- civilian consolidation plan, as well as the security of mas or wartime conduct. The certification personnel of the International Police Task Force; process was expected to be completed by mid- 25. Urges Member States, in response to demon- November. strable progress by the parties in restructuring their On police restructuring, three police adminis- law enforcement institutions, to intensify their efforts trations, in Brcko district, Republika Srpska and to provide, on a voluntary-funded basis and in coordi- Una Sana canton, had received UNMIBH accredi- nation with the International Police Task Force, train- ing, equipment and related assistance for local police tation. UNMIBH’s independent Police Commis- forces in Bosnia and Herzegovina; sioner project was in its final stage: permanent 26. Requests the Secretary-General to continue to Police Commissioners were in place in nine submit to the Council reports from the High Repre- cantons and installation of those in Republika sentative, in accordance with annex 10 of the Peace Srpska was almost complete; only in canton 10 Agreement and the conclusions of the Peace Imple- and the Federation Ministry of the Interior was mentation Conference held in London on 4 and 5 De- the High Representative compelled, because of cember 1996, and later Peace Implementation Confer- ences, on the implementation of the Peace Agreement obstruction and delay, to impose an independent and in particular on compliance by the parties with selection process. Currently, 1,644 officers, or al- their commitments under that Agreement; most 10 per cent of the police forces, were from 27. Decides to remain seized of the matter. minority groups; 490 were female officers. In 14 out of 15 different judicial districts, the Completion of mandate implementation plan Mission’s Criminal Justice Advisory Unit (CJAU) Security Council consideration (October). had completed a specialized training course for During Security Council deliberations on 23 Oc- criminal investigation police to improve the qual- tober [meeting 4631], the Secretary-General’s Spe- ity of their crime reports. CJAU had also made an cial Representative reported on progress made invaluable contribution to court monitoring of by UNMIBH in carrying out its core functions un- sensitive trials. The three-year project to estab- til the end of the year. The elections (see p. 349), lish, train and equip court police serving all 174 which he termed an unqualified success, took courts in the Federation had been completed, as place in conditions of full security, as local and had the training of a special unit for the protec- international observers reported. Nearly 1,100 tion of judges and witnesses. Police recruitment, IPTF officers monitored local police through 561 training and deployment to serve 151 courts joint and independent patrols. Local police plan- would be completed in November. ning and performance were outstanding. That The Special Representative commended the achievement built on the impressive record of work of UNMIBH’s Special Trafficking Opera- local police in developing and implementing tions Programme, which included a recently es- security plans for minority returns and sensitive tablished rapid intervention force to remove vic- public events. tims of trafficking from nightclubs to a safe Bosnia and Herzegovina currently had a gen- house. He said the trafficking problem was not eral crime rate lower than many countries in likely to be resolved until local prosecutors and Western Europe, a fact that had underpinned the the judiciary took it seriously. largest number of returns of refugees and dis- The Special Representative noted the substan- placed persons since the war. Security was no tive input of UNMIBH’s public affairs unit to dem-

YUN02—3rd page proofs May 24 2004 360 Political and security questions ocratic policing and public accountability. An in- The main goal of the country’s economic pro- tegral part of the accreditation process was the gramme was to improve the business environ- drafting of standard operating procedures for ment and establish a single economic space. It public affairs units to be established in all police welcomed the signing of the free trade agree- administrations. He reported that, by the end of ments among the States in South-Eastern Europe the year, the Trust Fund for the Police Assistance to promote economic growth and cooperation in Programme would have disbursed almost $16.5 the region. million for police equipment and facilities, thus The implementation of the recent election re- enabling closure of the Trust Fund in 2003 as sults (see p. 349) would be based on the decision part of UNMIBH’s liquidation process. of the Constitutional Court on the Constituent Arrangements for a seamless transition to Peoples’ Case [YUN 2000, p. 349] that ensured the EUPM were in place. The drawdown of IPTF and equal rights of all ethnic groups in the whole ter- the gradual build-up of EUPM had been carefully ritory of Bosnia and Herzegovina. coordinated, with the first EUPM deployment scheduled for 4 November. Since the elections, GENERAL ASSEMBLY ACTION over 500 IPTF monitors had departed, leaving On 11 November [meeting 47], the General As- 900 in theatre; 18 smaller IPTF stations had been sembly adopted resolution 57/10 [draft: A/57/ closed. L.15/Rev.1 & Add.1] without vote [agenda item 34]. The Special Representative noted that his The situation in Bosnia and Herzegovina UNMIBH experience had reaffirmed three fun- The General Assembly, damental points: that the introduction of the rule Recalling its resolution 56/215 of 21 December 2001 and all previously adopted resolutions, as well as all of law in a post-conflict situation was the founda- relevant resolutions of the Security Council, regarding tion for democracy, economic progress and an the situation in Bosnia and Herzegovina, exit strategy for peacekeepers; that reconciliation Reaffirming its support for the independence, sover- and healing were impossible if notorious war eignty, legal continuity and territorial integrity of criminals were not brought to justice; and that Bosnia and Herzegovina, within its internationally the tragic events of 11 September 2001 [YUN 2001, recognized borders, and also reaffirming its support p. 60] and more recently in Bali, Indonesia (see for the equality of the three constituent peoples and p. 50), showed that nothing could protect others in Bosnia and Herzegovina as a united country, with two multi-ethnic entities, according to the Gen- humanity from a globalized world. eral Framework Agreement for Peace in Bosnia and On 23 October [S/2002/1197], Bosnia and Herze- Herzegovina and the annexes thereto (collectively the govina submitted a statement for incorporation “Peace Agreement”), in the records of the Council’s 23 October meet- Reiterating the importance of strengthening the rule of law, the functionality of the State institutions and ing. In that statement, Bosnia and Herzegovina the creation of a competitive, self-sustainable economy welcomed the smooth transition from UNMIBH to as the preconditions for the consolidation of Bosnia EUPM but stressed the importance for EUPM to and Herzegovina as a modern democratic State and streamline its activities with the country’s author- civic society working for the well-being of all its citi- ities. It expressed support for the High Repre- zens, sentative’s programme of judicial reforms and Recognizing the results of the general elections at gave assurance that the Parliamentary Assembly the State and entity level as the genuine and free and the entity parliaments would do their utmost choice of the electorate, looking forward to the swift formation of the new Government, and mindful of the to pass the required legislation. fact that the parties participating in the elections are The statement indicated that European inte- committed to the continuation of reforms, the gration and regional cooperation were priorities strengthening of the rule of law and the determina- for Bosnia and Herzegovina. The country had tion of Bosnia and Herzegovina to fulfil its interna- tional obligations, become a member of the Council of Europe, and Welcoming the prioritizing and streamlining of the the feasibility study and negotiations with regard involvement of the international community in the re- to meeting the conditions of the EU Stabilization form process, and Association Agreement had begun. Bosnia Noting the importance for the future of Bosnia and and Herzegovina regarded its relations with Herzegovina that prosecutors successfully conclude neighbouring countries as important, and wel- their investigation of war crimes and the whereabouts comed the first summit of the heads of State of of those still missing, as well as the importance of full cooperation with the International Tribunal for the Bosnia and Herzegovina, Croatia and FRY Prosecution of Persons Responsible for Serious Viola- (Sarajevo, 15 July). It was confident that the issue tions of International Humanitarian Law Committed of refugee returns could be finally solved in the Territory of the Former Yugoslavia since 1991, through cooperation and coordination among especially with regard to surrendering all indicted war the three States. criminals to the Tribunal,

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Reaffirming the importance for the future of Bosnia cooperation with the State and entity authorities of and Herzegovina of its successful integration into Eu- Bosnia and Herzegovina; rope, noting in that regard its admission into the 5. Demands that all the parties to the Peace Agree- Council of Europe in April 2002, welcoming the pro- ment fulfil their obligations to the International Tri- gress made to date in meeting the conditions of the Eu- bunal for the Prosecution of Persons Responsible for ropean Union Stabilization and Association Process, Serious Violations of International Humanitarian Law and stressing that the Stability Pact for South-Eastern Committed in the Territory of the Former Yugoslavia Europe continues to provide an additional contribu- since 1991, urges the States committed to cooperation tion to the improvement of regional cooperation, with the Tribunalas parties to the Peace Agreement, in Welcoming the further improvement of overall mu- collaboration with the international security presence, tual cooperation and the positive evolution of bilateral to take decisive action to apprehend and extradite to relations between Bosnia and Herzegovina and its the Tribunal all indicted, and encourages the authori- neighbouring States, Yugoslavia and Croatia, as set ties of Bosnia and Herzegovina to develop, in close co- forth at the trilateral summit of the heads of State held operation with the international community, national in Sarajevo on 15 July 2002, court capacities to investigate and prosecute cases of Noting that corruption and a lack of transparency se- lower profile war criminals; riously hamper the economic development of Bosnia 6. Welcomes the prompt action of the State and en- and Herzegovina, reaffirming the need to combat tity institutions in adopting the comprehensive plan of corruption, smuggling, human trafficking, organized action to prevent terrorist activities, increase security crime and other illegal activities, welcoming in that re- and protect people and property in Bosnia and Herze- gard the fact that the State Border Service recently govina and to secure sufficient funding for the State took over the control of the entire border, and noting Border Service and the State Information Protection the preparations for the Conference on Organized Agency, welcomes the active role of Bosnia and Herze- Crime in South-Eastern Europe, which is to be held in govina in global efforts against terrorism, and calls London on 25 November 2002, upon Bosnia and Herzegovina to work with the inter- Welcoming the achievements, and encouraging fur- national community in that regard; ther efforts, in reducing military assets, in continued 7. Also welcomes the steps already taken by the au- cooperation with the multinational Stabilization thorities of Bosnia and Herzegovina regarding the Force, in view of enhanced security and with the aim breach of Security Council resolutions dealing with of the future admission of Bosnia and Herzegovina sanctions against Iraq, and demands the investigation into the Partnership for Peace, and prosecution of those responsible in accordance Welcoming also the forthcoming transition from the with the obligations of the State deriving from all rele- International Police Task Force to the European vant Council resolutions; Union Police Mission, 8. Reaffirms the right of refugees and displaced 1. Notes that the ultimate responsibility for the fu- persons to return voluntarily to their homes of origin in ture of Bosnia and Herzegovina lies with the State and accordance with annex 7 of the Peace Agreement, en- entity authorities duly elected by its people, urges them courages the acceleration of the peaceful, orderly and to work jointly, rapidly and intently on judicial and sustainable return of refugees and displaced persons economic reforms and the functioning of State institu- to their place of pre-war residence, including to areas tions, refugee returns and all other issues of vital inter- where they would be the ethnic minority, and calls est to all the citizens, with full respect for the rule of law, upon all sides to ensure respect for individual rights to and welcomes the programme “Justice and Jobs” of the return and the establishment of the rule of law; High Representative for the Implementation of the 9. Also reaffirms the right of families to know the Peace Agreement on Bosnia and Herzegovina; fate of their relatives, and urges the authorities con- 2. Commends the Independent Electoral Com- cerned to do everything in their power to help eluci- mission, the joint State institutions and all the citizens date the fate of all persons unaccounted for; of Bosnia and Herzegovina for completing success- 10. Commends the International Police Task Force fully the first post-war self-organized elections, as a for all its efforts, welcomes the successful completion positive example of the State’s ability to function in a of the mandate of the United Nations Mission in successful manner; Bosnia and Herzegovina on 31 December 2002, and 3. Calls for the full and early implementation of also welcomes the smooth transition to the European the General Framework Agreement for Peace in Union Police Mission, which will also work on reform- Bosnia and Herzegovina and the annexes thereto (col- ing the police management structures in Bosnia and lectively the “Peace Agreement”) which is essential for Herzegovina; stability and cooperation in the region and the reinte- 11. Stresses the need for a more comprehensive gration of Bosnia and Herzegovina; approach to implementing economic reforms, and 4. Commends the achievements of the former High underlines the fact that a self-sustainable, market- Representative in implementing the Peace Agreement oriented economy operating in a single economic and for initializing and overseeing the negotiations for space, expeditious and transparent privatization, im- constitutional reforms in order to ensure the equality proved banking and capital markets, reformed finan- of the three constituent peoples throughout the cial systems and the elimination of bureaucratic obsta- country, and supports unreservedly the new High Rep- cles, which deter private investment and private resentative, especially in his efforts to implement radi- initiative, are of the utmost importance; cal judicial and economic reforms and the rule of law, 12. Notes the importance of defining the common as well as his efforts in other areas, under the guidance defence policy and common command-control mili- of the Peace Implementation Council and in close tary structure of Bosnia and Herzegovina on the

YUN02—3rd page proofs May 24 2004 362 Political and security questions grounds of agreed principles, and affirms the impor- mental crime-fighting institutions had to be ad- tance of civilian control of the armies and the forma- dressed and adequate funding secured for the tion of a standing committee for military matters two police academies and the State Information of Bosnia and Herzegovina as a step towards the establishment of a military structure of an appropriate and Protection Agency. Despite its demonstrable size, based on future projections and the legitimate success, the ad hoc nature of State funding for security needs of Bosnia and Herzegovina, which will the State Border Service in 2002 remained a con- contribute to regional security and stability; cern and should be corrected in the 2003 budget. 13 . Welcomes the efforts of international and re- To ensure multi-ethnic representation within the gional organizations, as well as non-governmental or- police force, the current disparity in police bene- ganizations in Bosnia and Herzegovina, working on fit packages between the two entities and within mine-action activities, and calls upon Member States to the Federation cantons needed to be resolved. continue to support those activities; 14 . Stresses the importance of strengthening the That, alongside the lack of multi-ethnic public free and pluralistic media, and deplores actions that education, presented the key deterrent to full mi- seek to intimidate or restrict the freedom of the media; nority police deployment. Pockets of political ob- 15. Also stresses the importance of the restoration struction to some of the Mission’s reform meas- and rebuilding of the historical and cultural heritage ures, notably the appointment of independent of Bosnia and Herzegovina in its original form; police commissioners and minority law enforce- 16. Emphasizes the importance of ensuring the ment personnel, remained. While all political rights of all national minorities in the country; parties were supporting the national reform 17. Requests the Secretary-General to submit a re- agenda, the post-election scenario required close port on United Nations activities in Bosnia and Herze- govina during the period from 1992 to 2002, in view of monitoring to ensure that the substantial gains the experience gained and lessons learned, as a posi- achieved were not reversed. tive contribution to future United Nations operations, The Secretary-General observed that, through within existing resources. UNMIBH, the United Nations had demonstrated its ability to complete a complex mandate in ac- Assessment and future challenges cordance with a strategic plan and within a real- Report of Secretary-General (December). istic and finite time frame. UNMIBH had com- The Secretary-General, in his final report on pleted the most extensive police reform and UNMIBH of 2 December [S/2002/1314], assessed the restructuring project ever undertaken by the Mission’s achievements and identified chal- United Nations. The handover of long-term lenges for the future. He said that establishing police monitoring to EUPM was an excellent ex- the foundations of a modern, democratic police ample of cooperation and smooth transition be- force represented a major achievement for tween the United Nations and a regional organi- Bosnia and Herzegovina. However, key chal- zation. Integral to all those achievements had lenges lay ahead, most importantly the full estab- been the innovative mandate implementation lishment of the rule of law. Corruption, organ- plan. As EUPM embarked on the important task ized crime and political obstruction remained of monitoring and strengthening the law en- major impediments to economic development forcement framework currently in place, the and regional integration. Overcoming them de- Secretary-General was confident that it would be pended on comprehensive judicial and legal re- able to count on the continued support from the form. Although the Office of the High Represen- international community to preserve and further tative had accelerated the pace, judicial reform develop what had been achieved by UNMIBH over lagged two years behind police reform. The con- the past six years. tinued presence of well-known persons indicted Security Council consideration (December). for serious war crimes was a major obstacle to the The Security Council met on 12 December [meet- post-conflict normalization process. Until local ing 4661] to consider the Secretary-General’s final authorities handed over war-crimes suspects to report on UNMIBH. Invited to participate in the ICTY and to the local courts that had received meeting, under rule 37 of the Council’s provi- clearance from the Tribunal under the “Rules of sional rules of procedure, were Prime Minister the Road” of the 1996 Rome Agreement [YUN Dragan Mikerevic and the three members of the 1996, p. 1187], reconciliation and stability could not Bosnia and Herzegovina Joint Presidency: Mirko be achieved. Sarovic (Presiding Member), Sulejman Tihic and Policing standards and law enforcement Dragan Covic. capacity could be assessed by police prepared- The Secretary-General’s Special Representa- ness, performance, investigative follow-up and tive for Bosnia and Herzegovina and Chief of public confidence in security. While scope for Mission said the United Nations was leaving be- improvement remained, there were many en- hind in Bosnia and Herzegovina a legacy of dem- couraging indicators. The funding of funda- ocratic law enforcement, police forces fit for Eu-

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 363 rope and a platform on which the people of and Coordinator of the United Nations Operations Bosnia and Herzegovina, with continued help in Bosnia and Herzegovina. from the international community, could build a The Council reaffirms its commitment to support the implementation of the General Framework society based on respect for the rule of law and Agreement for Peace in Bosnia and Herzegovina functioning democratic institutions. On 1 Janu- and the annexes thereto (collectively the “Peace ary 2003, EUPM would begin to build on Agreement”), as well as the relevant decisions of the UNMIBH’s achievements to ensure continued pro- Peace Implementation Council. fessional police performance. The Special Rep- The Council takes this opportunity to express its resentative welcomed EUPM’s agreement to give deep appreciation for the efforts of the Secretary- priority to the State Border Service, the State In- General, his Special Representative Mr. Jacques Paul Klein and the personnel of the United Nations Mis- formation Protection Agency and the mainte- sion in Bosnia and Herzegovina, which includes the nance of effective counter-trafficking measures, International Police Task Force, for their contribu- as well as its intention to continue a robust ap- tions to the implementation of the Peace Agreement. proach to organized crime. He said the United The Council highly appreciates the achievements of Nations was confident that, under that frame- cooperative efforts in bringing about the successful work, UNMIBH’s achievements would be sus- conclusion of the mandate of the Mission, which will tained and its legacy preserved. He hoped one as- expire on 31 December 2002, and expresses its pect of that legacy would be the application to thanks to all of the countries which took part in and contributed to the accomplishments of the Mission. other peace operations of the many lessons The Council welcomes the decision of the Euro- learned by UNMIBH, of which two were impera- pean Union to send a Police Mission to Bosnia and tive: a mandate implementation plan encompass- Herzegovina from 1 January 2003, as part of a ing a strategic and operational vision and an exit broader rule of law approach, as well as the close co- strategy, which helped to prioritize projects for ordination among all those concerned to ensure a international donor assistance and institute a seamless transition of responsibilities from the In- process of local capacity-building for the even- ternational Police TaskForce to the European Union Police Mission, with the participation of the inter- tual taking over of the tasks of police pro- ested States non-members of the European Union. fessionalization; and a holistic approach to the The Council reiterates that the primary responsi- rule of law early in a post-conflict situation, put- bility for the further successful implementation of ting all the necessary tools in one hand and a pil- the Peace Agreement lies with the authorities in lar construct in place to ensure the simultaneous Bosnia and Herzegovina themselves and that the professionalization of the police, judiciary and continued willingness of the international com- prison systems. munity and major donors to assume the political, military and economic burden of implementation The Presiding Member of the Presidency of and reconstruction efforts will be determined by the Bosnia and Herzegovina said that the Secretary- compliance and active participation by all the au- General’s final report on UNMIBH represented thorities in Bosnia and Herzegovina in implement- the end of one era and the beginning of another ing the Peace Agreement and all reforms needed to rebuild a civil society. in Bosnia and Herzegovina. The withdrawal of The Council reaffirms its commitment to the the peacekeeping operation was a sign of confi- principles of the sovereignty and territorial integrity dence in the country. He believed that other in- and inviolability of the borders of Bosnia and Herze- ternational missions would gradually be with- govina. The Council encourages continued commit- drawn so that the local infrastructure could take ment by Bosnia and Herzegovina to the promotion over their roles. The leaders of Bosnia and Her- of peace and stability in the region, including zegovina had a common responsibility and goal through enhanced political and economical co- to ensure a brighter future for their children. operation. The Council expresses its intention to keep the Since the general election, they had been work- implementation of the Peace Agreement and the sit- ing to build a sustainable governmental infra- uation in Bosnia and Herzegovina under review. structure. He was convinced that, working in The Council invites the European Union to keep it partnership, they would continue to move to- regularly informed as appropriate on the activities of wards reform and away from internal conflict. the European Union Police Mission.

SECURITY COUNCIL ACTION Financing In June, the General Assembly considered the On 12 December [meeting 4661], following con- financial performance report of UNMIBH for the sultations among Security Council members, the period 1 July 2000 to 30 June 2001. Expenditures President made statement S/PRST/2002/33 on for the period totalled $146,219,000 gross behalf of the Council: ($135,997,500 net), resulting in an unencum- The Security Council welcomes the briefing by bered balance of $12,488,667 gross ($13,377,501 the Special Representative of the Secretary-General net), mainly from civilian personnel costs and op-

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erational requirements. It also had before it the and on time, and urges all other Member States to proposed budget for the Mission [A/56/773] for make every possible effort to ensure payment of their 1 July 2002 to 30 June 2003, totalling $78,613,900 assessed contributions to the Mission in full and on time; gross ($72,759,200 net), to cover its maintenance 3. Expresses concern at the delay experienced by the from 1 July to 31 December 2002 and its liquida- Secretary-General in deploying and providing ade- tion from 1 January to 30 June 2003, including quate resources to some recent peacekeeping missions, administrative and budgetary support for in particular those in Africa; UNMOP and the UN liaison offices in Belgrade, 4. Emphasizes that all future and existing peace- Zagreb and Sarajevo from 1 July to 31 December keeping missions shall be given equal and non- 2002. Also considered were the related comments discriminatory treatment in respect of financial and administrative arrangements; and recommendations of ACABQ [A/56/887/Add.2]. 5. Also emphasizes that all peacekeeping missions shall be provided with adequate resources for the GENERAL ASSEMBLY ACTION effective and efficient discharge of their respective On 27 June [meeting 105], the General Assembly, mandates; on the recommendation of the Fifth Committee 6. Reiterates its request to the Secretary-General to [A/56/979], adopted resolution 56/505 without make the fullest possible use of facilities and equip- vote [agenda item 154]. ment at the United Nations Logistics Base at Brindisi, Italy, in order to minimize the costs of procurement for Financing of the United Nations Mission the Mission; in Bosnia and Herzegovina 7. Endorses the conclusions and recommendations The General Assembly, contained in the report of the Advisory Committee on Having considered the reports of the Secretary- Administrative and Budgetary Questions, and re- General on the financing of the United Nations Mis- quests the Secretary-General to ensure their full im- sion in Bosnia and Herzegovina and the related re- plementation; ports of the Advisory Committee on Administrative 8. Requests the Secretary-General to take all neces- and Budgetary Questions, sary action to ensure that the Mission is administered Recalling Security Council resolution 1035(1995) of with a maximum of efficiency and economy; 21 December 1995 regarding the establishment of the 9. Also requests the Secretary-General, in order to re- United Nations Mission in Bosnia and Herzegovina duce the cost of employing General Service staff, to and the subsequent resolutions by which the Council continue efforts to recruit local staff for the Mission extended the mandate of the Mission, the latest of against General Service posts, commensurate with the which was resolution 1357(2001) of 21 June 2001, requirements of the Mission; Recalling also Security Council resolution 1387(2002) Financial performance report for of 15 January 2002, in which the Council authorized the period from 1 July 2000 to 30 June 2001 the United Nations military observers to continue to 10. Takes note of the report of the Secretary General monitor the demilitarization of the Prevlaka penin- on the financial performance of the Mission for the sula until 15 July 2002, period from 1 July 2000 to 30 June 2001; Recalling further its decision 50/481 of 11 April 1996 on the financing of the Mission and its subsequent res- Budget estimates for olutions and decisions thereon, the latest of which was the period from 1 July 2002 to 30 June 2003 resolution 55/268 of 14 June 2001, 11. Decides to appropriate to the Special Account for Reaffirming the general principles underlying the the United Nations Mission in Bosnia and Herze- financing of United Nations peacekeeping operations, govina the amount of 82,106,000 dollars for the period as stated in General Assembly resolutions 1874(S-IV) from 1 July 2002 to 30 June 2003, inclusive of of 27 June 1963, 3101(XXVIII) of 11 December 1973 78,543,900 dollars for the maintenance and liquida- and 55/235 of 23 December 2000, tion of the Mission, 3,181,000 dollars for the support Noting with appreciation that voluntary contributions account for peacekeeping operations and 381,100 dol- have been made to the Mission, lars for the United Nations Logistics Base; Mindful of the fact that it is essential to provide the Financing of the appropriation Mission with the necessary financial resources to en- 12. Decides also to apportion among Member States able it to fulfil its responsibilities under the relevant the amount of 82,106,000 dollars at a monthly rate of resolutions of the Security Council, 6,842,167 dollars, in accordance with the levels set out 1. Takes note of the status of contributions to the in resolution 55/235, as adjusted by the General As- United Nations Mission in Bosnia and Herzegovina as sembly in its resolution 55/236 of 23 December 2000, at 30 April 2002, including the contributions outstand- and taking into account the scale of assessments for the ing in the amount of 61 million United States dollars, years 2002 and 2003 as set out in its resolution 55/5 B representing some 6 per cent of the total assessed con- of the same date, subject to a decision of the Security tributions, notes with concern that only seventy-two Council to extend the mandate of the Mission; Member States have paid their assessed contributions 13 . Decides further that, in accordance with the pro- in full, and urges all other Member States, in particu- visions of its resolution 973(X) of 15 December 1955, lar those in arrears, to ensure payment of their out- there shall be set off against the apportionment among standing assessed contributions; Member States, as provided for in paragraph 12 above, 2. Expresses its appreciation to those Member States their respective share in the Tax Equalization Fund of which have paid their assessed contributions in full 6,321,900 dollars approved for the Mission for the pe-

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 365 riod from 1 July 2002 to 30 June 2003 at a monthly rate the Fifth Committee should continue to consider of 526,825 dollars, comprising the estimated staff as- the item at that session (decision 57/556). sessment income of 5,854,700 dollars for the period from 1 July 2002 to 30 June 2003, the prorated share of 433,200 dollars of the estimated staff assessment in- Donation of assets come approved for the support account for the period In October [A/57/449], the Secretary-General from 1 July 2002 to 30 June 2003 and the increase in provided details of the proposed donation of staff assessment income of that account for the period 12 per cent of UNMIBH’s assets, the inventory from 1 July 2000 to 30 June 2001, and the prorated value of which amounted to some $58.8 million share of 34,000 dollars of the estimated staff assess- ment income approved for the United Nations Logis- as at 22 July, to the Government of Bosnia and tics Base for the period from 1 July 2002 to 30 June Herzegovina, based on the Mission’s asset dis- 2003 and the reduction in staff assessment income of posal plan. ACABQ [A/57/486] recommended ap- that account for the period from 1 July 2000 to 30 June proval of that proposal. 2001; On 20 December, the General Assembly, by 14 . Decides that for Member States that have ful- decision 57/559, approved the donation of assets filled their financial obligations to the Mission, there to the Government of Bosnia and Herzegovina, shall be set off against the apportionment, as provided for in paragraph 12 above, their respective share of the as proposed by the Secretary-General. unencumbered balance of 12,488,667 dollars and their respective share of other income of 5,580,000 dollars International Police Task Force (IPTF) in respect of the financial period ended 30 June 2001, As at 31 May, the strength of IPTF stood at in accordance with the levels set out in resolution 55/235, as adjusted by the General Assembly in its res- 1,586. That number was reduced to 460 after the olution 55/236, and taking into account the scale of as- 5 October general elections. To ensure continu- sessments for the year 2001, as set out in its resolution ity during the transition from UNMIBH to EUPM, 55/5 B; 119 IPTF officers were to be retained in their cur- 15. Decides also that for Member States that have not rent positions and transferred to EUPM on 1 Jan- fulfilled their financial obligations to the Mission, uary 2003. The drawdown of the IPTF presence their respective share of the unencumbered balance of would be completed on 31 December and a small 12,488,667 dollars and other income of 5,580,000 dol- liaison office retained in Sarajevo until June 2003 lars in respect of the financial period ended 30 June 2001 shall be set off against their outstanding obliga- to ensure completion of the transition. The current tions in accordance with the scheme set out in para- IPTF Commissioner, Sven Christian Frederiksen graph 14 above; (Denmark), appointed by the Secretary-General 16. Decides further that the increase in the staff as- in an exchange of letters between him and the sessment income of 888,834 dollars shall be set off Security Council on 2 and 7 May [S/2002/529, against the credits from the unencumbered balance in S/2002/530] to succeed Vincent Coeurderoy (France), respect of the financial period ended 30 June 2001 re- would continue as the first EUPM Commissioner. ferred to in paragraphs 14 and 15 above; 17. Emphasizes that no peacekeeping mission shall be financed by borrowing funds from other active Military aspects peacekeeping missions; 18. Encourages the Secretary-General to continue to Stabilization Force (SFOR) take additional measures to ensure the safety and security of all personnel under the auspices of the Under the command of NATO, the multina- United Nations participating in the Mission; tional Stabilization Force (SFOR), also known as 19 . Invites voluntary contributions to the Mission in Operation Joint Guard, continued in 2002 to cash and in the form of services and supplies accepta- oversee the implementation of the military as- ble to the Secretary-General, to be administered, as ap- pects of the 1995 Peace Agreement. Its activities propriate, in accordance with the procedures and from 1 November 2001 to 30 November 2002 practices established by the General Assembly; were recorded in 11 reports [S/2002/17, S/2002/154, 20. Decides to include in the provisional agenda of S/2002/355, S/2002/496, S/2002/605, S/2002/726, its fifty-seventh session the item entitled “Financing of the United Nations Mission in Bosnia and Herze- S/2002/1095, S/2002/1138, S/2002/1226, S/2002/1326, govina”. S/2002/1420], submitted by the NATO Secretary- General through the UN Secretary-General to On 18 December [A/57/684], the Secretary- the Security Council, in accordance with Council General submitted the financial performance re- resolution 1088(1996) [YUN 1996, p. 310]. port for UNMIBH for the period 1 July 2001 to 30 The strength of SFOR fell from some 18,000 in June 2002. December 2001 to just over 14,000 in November On 20 December, the Assembly decided that 2002. The troops deployed in Bosnia and Herze- the item on the financing of UNMIBH would re- govina were contributed by all NATO members main for consideration during its resumed fifty- and 15 non-NATO countries. The Council, by res- seventh (2003) session (decision 57/585) and that olution 1423(2002) of 12 July (see p. 357), author-

YUN02—3rd page proofs May 24 2004 366 Political and security questions ized the continuation of SFOR for a further pe- memorandum of understanding or technical riod of 12 months. agreement between SFOR and EUPM would be fi- During the year, SFOR continued to contribute nalized by mid-December. to a safe and secure environment in Bosnia and Herzegovina, monitor compliance by the entity armed forces, conduct inspections and consoli- dation of weapons storage sites, support Federa- Federal Republic of Yugoslavia tion authorities in collecting weapons and am- munition and monitor possible terrorist-related threats throughout the country. It also conducted In 2002, the Kosovo province of the Federal searches for war-crimes indictees, including a Republic of Yugoslavia (FRY) made further pro- large-scale search in February for Radovan gress towards provisional self-governance and Karadzic near Celibici, south-east of Foca. Al- on the promotion of inter-ethnic reconciliation though unsuccessful, the operation yielded a sig- and economic and social reconstruction. The nificant amount of weapons and munitions. In Kosovo Assembly, on 4 March, approved the its ongoing search for war-crimes indictees, SFOR agreement reached by the three major Kosovo Al- detained one suspect on 31 March, Miroslav banian parties on 28 February on the nomination Deronjic on 7 July (see p. 1276) and Radovan of the President and Prime Minister of Kosovo, Stankovic on 9 July (see p. 1277), all of whom leading to the formation of a coalition Govern- were later transferred to ICTY in The Hague. It ment, including 10 ministries and other provi- continued its operation, begun on 21 May in the sional institutions of self-government. There- eastern part of Republika Srpska, to encourage after, the United Nations Interim the local population to provide information on Administration Mission in Kosovo (UNMIK)be- the whereabouts of war-crimes indictees and to gan transferring authority to those institutions, cooperate in their capture. In July, SFOR searched with the Special Representative of the Secretary- a family home of Mr. Karadzic on the outskirts of General retaining certain reserved powers, in ac- Pale, and, with the Republika Srpska Ministry of cordance with the 2001 Constitutional Frame- the Interior police, conducted a ground and heli- work for Provisional Self-Government [YUN 2001, copter operation from 14 to 16 August to target p. 352]. his support network. In the meantime, the Special Representative On 26 August, the Bosnia and Herzegovina set benchmarks that had to be reached before the Presidency restructured the Standing Commit- political process to determine Kosovo’s final sta- tee on Military Matters, strengthening State-level tus could begin. Further evidence of the continu- control over defence, notably removing the entity ing stability of Kosovo was the successful holding Defence Ministers and the military commanders of municipal elections in October. However, the and advisers to the Presidency. A position of divided town of Mitrovica continued to present a Secretary-General of the Standing Committee number of challenges, leading the Special Repre- would be created, and a military commission sentative to put forward, also in October, a seven- would be responsible for operational issues and point plan for dealing with the situation there. doctrine. The Standing Committee would pro- By November, UNMIK had succeeded in estab- vide NATO and other organizations with a single lishing its administration in northern Mitrovica point of contact with Bosnia and Herzegovina for town, thus bringing the entire territory of defence matters. Kosovo under UNMIK control for the first time. In the programme for the restructuring of the In December, the Security Council sent a mission entity armed forces, the Federation Armed to Kosovo to, among other objectives, find ways to Forces (FAF) would achieve their reduction goals enhance support for the implementation of its by the end of 2002, well in advance of the 2005 resolution 1244(1999) [YUN 1999,p. 353], discuss the target date. As at 6 December, FAF strength stood challenges faced by UMMIK and convey a strong at 13,173 FAF soldiers (8,977 Bosniacs and 4,196 message to all concerned to move forward with Bosnian Croats). The Republika Srpska Army the decentralization process and promote inter- had 7,443 soldiers. As the entity armed forces ethnic reconciliation. were too large to be sustained by the federal bud- Relations with the Federal Government in Bel- get, SFOR had put forward the concept of an ac- grade continued to improve. In March, FRY trans- tive reserve force. Although the proposal was well ferred to Kosovo from Serbia proper a large num- received, no steps had been taken to define its ber of Kosovo Albanian detainees and the court structure or to set target dates. files pertaining to the majority of the remaining It was expected that, along with the prepara- detainees. It also agreed to stop financing paral- tions for the transition from IPTF to EUPM,a lel institutions, especially in Mitrovica town.

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Situation in Kosovo was made in including non-Kosovo Albanian The United Nations continued to work to- communities in local government; some 90 wards the full implementation of Security Coun- Kosovo Serbs were participating in the work of 13 cil resolution 1244(1999) [YUN 1999, p. 353], which municipal assemblies. set out the modalities for a political solution to To facilitate the transition, UNMIK’s regional the crisis in the FRY province of Kosovo, as well administrations were redefined to cover security as resolutions 1160(1998) [YUN 1998, p. 369],1199 coordination, general oversight of UNMIK staff, (1998) [ibid., p. 377], 1203(1998) [ibid., p. 382] and 1239 reporting and auditing, political assessments, (1999) [YUN 1999,p. 349]. The civilian aspects of res- and coordination of the return of displaced per- olution 1244(1999) were being implemented by sons. The Special Representative, in accordance UNMIK and the military aspects by the interna- with the Constitutional Framework, would retain tional security presence (KFOR). certain reserved powers, for the discharge of UNMIK was headed by the Special Representa- which UNMIK directorates were established for tive of the Secretary-General. In January, the civil protection, administrative affairs, infrastruc- Secretary-General appointed Michael Steiner ture affairs and rural affairs. The Special Repre- (Germany) to replace Hans Haekkerup (Den- sentative would retain responsibility for: KPS and mark) in that position. KFOR; the administration and financing of civil security and emergency preparedness; mine Establishment and transfer of authority clearance; the administration of public, State and to provisional institutions of self-government socially owned property; the regulation of public and socially owned enterprises; the adminis- Following the adoption of the Constitutional tration of railways and civil aviation and alloca- Framework for Provisional Self-Government tion of radio frequencies; the civil registry data- [YUN 2001, p. 352] and the successful holding of base; the registration of habitual residents; the Kosovo-wide elections for the Kosovo Assembly Housing and Property Directorate, including the in 2001 [ibid., p. 359], the United Nations, through Housing Claims Commission; control over cross- UNMIK, concentrated its efforts in 2002 on estab- border/boundary transit of goods; general lishing the provisional institutions of self- powers in a number of areas, such as interna- government and transferring authority from tional relations, and the judiciary and the police UNMIK to those institutions. (except for court administration, which would be In that regard, the Secretary-General, in his 15 transferred to the Ministry of Public Services); January report on UNMIK [S/2002/62], said that, and several economic areas, such as the Central with the inauguration of the Kosovo Assembly Fiscal Authority,which would work alongside the [YUN 2001, p. 360], following the successful conclu- new Ministry of Finance and Economy, but sion of the elections, UNMIK had created a special would continue to be responsible for fiscal and fi- task force to establish administrative and other nancial issues not yet transferred to the new Gov- support services to the Assembly. Experts from ernment. France, Germany, the United Kingdom and the Council of Europe helped to set up the Assem- Security Council consideration. The Under- bly’s secretariat and to develop its provisional Secretary-General for Peacekeeping Operations rules of procedure. To ensure the security of mi- informed the Security Council on 21 January nority Assembly members and staff, stringent [meeting 4454] that further progress towards provi- security measures were in force, including as- sional self-government had been stalled by the signing escort officers to each Kosovo Serb mem- inability of the new Kosovo Assembly, at its 10 ber. The Assembly building was currently January session, to elect a President and a Prime guarded by teams of specially trained Kosovo Po- Minister, as had been the case at its 2001 inaugu- lice Service (KPS) officers, working alongside in- ral session [YUN 2001, p. 360]. The Assembly had ternational colleagues. not met since, and the deadlock in forming a co- alition, and thus a Government, persisted. The Describing transitional arrangements [YUN Council was also informed that the Secretary- 2001, p. 359] at the executive level, the Secretary- General had decided to appoint a new Special General stated that UNMIK administrators were Representative for Kosovo (see p. 377). progressively handing over executive functions to the local authorities, including responsibility for budgetary and financial administration. In SECURITY COUNCIL ACTION that regard, a uniform financial management On 13February [meeting 4473], following consul- system for municipalities had been agreed upon tations among Security Council members, the with the Central Fiscal Authority, and training of President made statement S/PRST/2002/4 on the municipal civil service had begun. Progress behalf of the Council:

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The Security Council expresses its full support fer of responsibility from UNMIK to the newly for the Special Representative of the Secretary- formed Government in those areas outlined in General upon his assumption of the position as the Constitutional Framework. However, the Head of the United Nations Interim Administration Mission in Kosovo, as well as its appreciation to all Kosovo Serb Return Coalition had not put for- the personnel of the Mission for their untiring ward a candidate for its assigned ministry (the efforts in ensuring the full implementation of reso- Ministry of Agriculture, Forestry and Rural De- lution 1244(1999) of 10 June 1999. velopment) and called for the allocation to it of a The Council notes the progress made in the second ministry (on returns) as quid pro quo for implementation of resolution 1244(1999) and the its participation in the Government. The issue of Constitutional Framework for Provisional Self- returns, of key interest to the Kosovo Serb com- Government in Kosovo, including the inauguration munity, was a reserved responsibility of the Spe- of the Kosovo Assembly following the elections on 17 November 2001 in Kosovo, Federal Republic of Yu- cial Representative who consequently suggested goslavia. It calls upon the elected representatives of the creation of a Cabinet-level post of Inter- Kosovo to resolve the deadlock over the formation of Ministerial Coordinator on Returns in the Office executive structures of the provisional self-governing of the Prime Minister to be filled by the Return institutions and to allow the functioning of those in- Coalition. He also offered the Return Coalition stitutions, in accordance with the Constitutional the post of Senior Adviser on Returns within Framework and the outcome of the elections, which UNMIK’s Office of Returns and Communities. expressed the will of the voters. The Council sup- ports the development of cooperation between the With the Government established, the transi- Mission, the elected representatives of Kosovo and tional departments were transformed into 10 the authorities in the Federal Republic of Yugosla- ministries within the framework of the provi- via. Such cooperation is vital in implementing reso- sional institutions of self-government, including lution 1244(1999). the Ministry of Health, Environment and Spatial The Council reaffirms the fundamental impor- Planning, which was reorganized into two sepa- tance of the rule of law in the political development rate ministries: the Ministry of Health and the of Kosovo and condemns any attempt to undermine it. It supports all efforts of the Mission, together with Ministry of Environment and Spatial Planning. the Kosovo Force and the Kosovo Police Service, to The Cabinet discussed the ministries’ immediate combat all kinds of crime, violence and extremism. It and longer-term priorities, for which they had a supports the measures taken to bring persons re- collective budget of 192 million euros (51per cent sponsible for criminal acts to justice, regardless of of the 2002 Kosovo consolidated budget), and ethnic or political background. It calls upon the logistical and personnel issues, including the pri- elected leaders of Kosovo to cooperate fully with the ority issue of the recruitment of permanent Mission and the Force in promoting the rule of law secretaries for the ministries. Those posts had and a multi-ethnic Kosovo with security and free- dom of movement for all. been advertised and a Senior Public Appoint- ments Committee established to ensure the Report of Secretary-General (April). The transparency and fairness of the recruitment Secretary-General reported on 22 April [S/2002/ process. 436] that, after months of deadlock, the three The Government made a number of substan- major Kosovo Albanian parties, on 28 February, tive decisions: it agreed on a basic pension of 28 agreed to form a coalition Government to be euros a month, with effect from 1 July, to be headed by Bajram Rexhepi of the Democratic funded from the general budget; it prepared for Party of Kosovo (PDK) and to put forward presentation to the Assembly priority legislation Ibrahim Rugova, leader of the Democratic on higher education and on primary/secondary League of Kosovo (LDK), as candidate for Pres- education that enshrined equal educational op- ident of Kosovo—steps welcomed by the Council portunities for all Kosovo communities; and it es- in a press statement by its President (see p. 369) tablished the Continuing Professional Develop- and by the EU Presidency [S/2002/255]. The parties ment and Education Board to ensure continued also agreed to assign four ministries to LDK and training for health-care professionals. two each to PDK and the Alliance for the Future of The membership of the Assembly Presidency Kosovo (AAK). In accordance with the Constitu- reached its full complement of seven with the tional Framework [YUN 2001, p. 352], one ministry nomination and approval of two PDK candidates was assigned to the Kosovo Serbs and one to a on 4 March. On 16 April, however, the Assembly, non-Serb minority community. The latter was by a two-thirds majority, approved a proposal to filled by a member of the Kosovo Bosniac/ have an eighth member, from AAK. That pro- Gorani Vatan coalition, which had four Assembly posed change to the Constitutional Framework seats. On 4 March, the Kosovo Assembly, by more was to be communicated to the Special Represen- than two thirds of the membership, endorsed the tative. The Assembly Presidency designed a coalition agreement, paving the way for the trans- structure of 16 committees, covering areas speci-

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 369 fied in the Constitutional Framework (budget, to the Kosovo Assembly’s ratification, conveyed and rights and interests of communities), the the Council’s pleasure over that step forward in functional areas of the ministries of the provi- the implementation of resolution 1244(1999) sional institutions of self-government and addi- [YUN 1999, p. 353] and the establishment of provi- tional committees covering issues such as inter- sional self-government institutions. The Council national cooperation and public petitions and looked forward to the elected leaders working in appeals. that positive spirit to build a better future for all Efforts to create a multi-ethnic civil service had of Kosovo’s inhabitants. so far had mixed results. Although some minis- tries, including the Ministries of Education, Sci- Benchmarks for Kosovo’s future status ence and Technology, of Health, and of Labour Security Council consideration. With the pro- and Social Welfare, had an acceptable percentage visional institutions of self-government in place, of minority employees (10 to 25 per cent), most of the Special Representative, in his 24 April brief- them had less than 1 per cent. The situation was ing to the Security Council [meeting 4518], identi- similar at the municipal level, where minority fied the following priorities as a way forward: employment averaged below 10 per cent. Tofacil- consolidation of the provisional institutions to itate minority participation in the civil service, a make them effective, representative, transparent shuttle bus service was introduced, mainly for mi- and multi-ethnic at all levels; boosting the econ- nority civil servants living in locations outside omy, a key to which was privatization; Kosovo- Pristina, and security was provided by mixed wide application of the rule of law through an teams of Kosovo Albanian and Kosovo Serb effective police and judiciary; and facilitating re- members of KPS. Since its establishment, minor- turns more efficiently through integrated, rather ity employment in the Ministries of Public Serv- than parallel, effort. ices and of Agriculture, Forestry and Rural De- The Special Representative emphasized that velopment had increased from 2.6 to 6.5 per cent henceforth implementing resolution 1244(1999) and from 0 to 18 per cent, respectively. However, was a joint effort with the provisional institu- security fears continued to pose a main barrier to tions. The transfer of responsibilities from minority applications for civil service positions in UNMIK to those institutions was a process of the provisional self-government institutions; building substantial autonomy for Kosovo to a over 100 assigned posts remained to be filled by stage where the political process of determining the Kosovo Serb community. its future status could begin. To reach that stage, Within the Office of the Prime Minister, the the Special Representative specified benchmarks Advisory Office on Good Governance, Human that should first be achieved: existence of effec- Rights, Equal Opportunity and Gender oversaw tive, representative and functioning institutions; and advised the 10 ministries. Its Diversity Task enforcement of the rule of law; freedom of move- Force worked closely with the Committee on the ment for all; respect for the right of all Kosovars Elimination of Discrimination against Women to to remain in and return to Kosovo; development create equal opportunities and integrate the con- of a sound basis for a market economy; clarity of cept of non-discrimination. The Kosovo Law property title; normalized dialogue with Bel- Centre also started the Ministerial Empower- grade; and reduction and transformation of the ment Project, financed by the World Bank, to Kosovo Protection Corps in line with its mandate. train the new professional staff of the Ministry of The Special Representative said the benchmarks Education, Science and Technology on interna- mirrored the principles and priorities in the co- tional human rights standards. alition agreement of 28 February; they repre- At the municipal level, the Institute for Civil sented an exit strategy for the United Nations Administration continued to train municipal and an “entry strategy” for Kosovo into the Euro- staff and Municipal Assembly members for the pean integration process, complementing the formation of an apolitical, multi-ethnic profes- preconditions Kosovo had to meet to qualify for sional civil service. Approximately 3,700 munici- the EU stabilization and association process. pal civil servants had undergone training, 18 per cent of whom were Kosovo Serbs. SECURITY COUNCIL ACTION Security Council press statement. In a 28 Feb- On 24 April [meeting 4519], following consulta- ruary press statement [SC/7315], the President of tions among Security Council members, the the Security Council, referring to a briefing President made statement S/PRST/2002/11 on by the Assistant Secretary-General for Peace- behalf of the Council: keeping Operations indicating that agreement The Security Council welcomes the report of the had been reached on the nomination of the Secretary-General and the briefing by the Special President and Prime Minister of Kosovo, subject Representative of the Secretary-General, and sup-

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ports all efforts by the United Nations Interim Kosovo Assembly resolution Administration in Kosovo and the Kosovo Force to On 24 May [S/2002/574], FRY drew to the Security implement fully resolution 1244(1999) of 10 June 1999, which remains the basis for building Kosovo’s Council’s attention the 23 May adoption by the future. Kosovo Assembly of a resolution on “the protec- tion of the territorial integrity of Kosovo”, which The Council welcomes progress made in the for- mation of the executive bodies of the provisional in- rejected the “Agreement for the delineation of stitutions of self-government in Kosovo, Federal Re- the borderline between the Republic of Macedo- public of Yugoslavia, to include representatives of all nia and the Federal Republic of Yugoslavia” [YUN communities. It commends the efforts of the Special 2001, p. 368], demarcating the borderline between Representative and welcomes the priorities outlined those two States, as well as the UNMIK-FRY Com- in the report of the Secretary-General as well as his mon Document [YUN 2001, p. 358], defining issues request to develop benchmarks to measure progress and joint cooperation for the implementation of in the institutional development of Kosovo, consis- tent with resolution 1244(1999) and the Constitu- resolution 1244(1999). FRY asserted that the tional Framework for Provisional Self-Government Kosovo Assembly resolution exceeded that body’s in Kosovo. The Council encourages the provisional competences provided for by the Constitutional institutions, in full cooperation with the Special Framework for Provisional Self-Government Representative and in strict compliance with resolu- [YUN 2001, p. 352] and was contrary to Council reso- tion 1244(1999),to take on the tasks assigned to them lution 1244(1999). FRY therefore requested an by the Constitutional Framework. urgent Council meeting to consider the matter. The Council reaffirms the fundamental impor- Since Kosovo’s international relations were tance of the rule of law in the political development part of the reserved responsibilities of the Spe- of Kosovo. It strongly condemns attacks against Mis- sion police in Mitrovica on 8 April 2002 and calls cial Representative, he declared the Assembly’s upon all communities fully to respect the authority 23 May resolution null and void [S/2002/779]. of the Mission throughout Kosovo, in line with reso- lution 1244(1999). It supports the continuing efforts SECURITY COUNCIL ACTION of the Mission and the Force, together with the On 24 May [meeting 4543], following consulta- Kosovo Police Service, in combating all kinds of tions among Security Council members, the crime, violence and extremism. It supports all efforts President made statement S/PRST/2002/16 on to control borders and boundaries, thus fostering re- gional stability. The Council supports and encour- behalf of the Council: ages further efforts to facilitate the return of all dis- The Security Council reaffirms its relevant reso- placed persons from the Kosovo Serb and other lutions and statements regarding Kosovo, Federal communities. Interlocking progress in the areas of Republic of Yugoslavia, in particular the statements public security, political development and economic by its President of 7 March and 9 November 2001. reform and reconstruction contributes to sustain- The Council deplores the adoption by the Assem- able returns and requires maximum support from bly of Kosovo, in its session of 23 May 2002, of a “res- Member States and regional organizations. The olution on the protection of the territorial integrity Council calls upon the leaders of the provisional in- of Kosovo”. It concurs with the Special Representa- stitutions of self-government actively to demon- tive of the Secretary-General that such resolutions strate their commitment and support efforts to pro- and decisions by the Assembly on matters which do mote security, returns, human rights, economic not fall within its field of competence are null and development and a multi-ethnic and fair society,with void. peaceful coexistence and freedom of movement for The Council calls upon the elected leaders of all the population of Kosovo. Kosovo to focus their attention on the urgent matters The Council welcomes the decision of the Gov- for which they have responsibility, in accordance ernment of the Federal Republic of Yugoslavia to with resolution 1244(1999) of 10 June 1999 and transfer Kosovo Albanian prisoners into the custody the Constitutional Framework for Provisional Self- of the Mission and encourages further progress re- Government in Kosovo. Concrete progress in those garding the return of displaced persons to Kosovo areas is of paramount importance to improve the life and efforts to trace those still missing from all com- of the people. munities of Kosovo as well as the other issues identi- The Council reiterates its full support for the Spe- fied in the UNMIK-FRY Common Document for co- cial Representative. It urges Kosovo’s leaders to work operation between the Mission and the authorities of in close cooperation with the United Nations In- the Federal Republic of Yugoslavia signed on 5 No- terim Administration Mission in Kosovo and the vember 2001. The Council considers that the further Kosovo Force, with a view to promoting a better fu- development of dialogue and cooperation between ture for Kosovo and stability in the region. All steps the provisional institutions of self-government, the undermining those efforts are detrimental to this Mission and the authorities of the Federal Republic common objective. of Yugoslavia is vital to the full and effective imple- mentation of resolution 1244(1999). Communications. FRY, in another 24 May let- The Council will remain actively seized of the ter [S/2002/585], stated that the Kosovo Assembly matter. resolution contesting the Agreement and the

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FRY-UNMIK Common Document brought into the rights and interests of communities, includ- question the Council’s authority. FRY appreci- ing the right to return, and regional integration. ated the position taken by the Council and wel- The Assembly also endorsed the benchmarks comed the Special Representative’s decision to outlined by the Special Representative in April declare the resolution invalid. The legal aspects (see p. 369). of the issue were clear and its political implica- Progress in the transfer of responsibilities to tions highly worrisome for the future of the prov- the executive branch of the provisional institu- ince and the stability of the region as a whole. tions of self-government varied from ministry to To re-establish trust and confidence in Kosovo ministry, but overall proceeded fairly smoothly. and Metohija, FRY called on the Kosovo Assembly Gradual progress was also made in advancing the to accept the Council’s position and rescind its legislative process: the Assembly passed its first resolution. It also called on the Council to devise law, on the methodology for determining the concrete preventive mechanisms to ensure that level of basic pensions; draft laws on education the provisional institutions of self-government, and forestry were at the committee stage; and the including the Kosovo Assembly, abided by Coun- Assembly Support Initiative, run by UNMIK and cil decisions and fully respected the authority of led by OSCE, intensified its support and technical the Special Representative and UNMIK, and to advice to the Assembly committees and trained sanction violations of resolution 1244(1999). their chairpersons in examining and amending The Assembly of the former Yugoslav Repub- draft legislation. Assembly members also gained lic of Macedonia (FYROM), in a 29 May declara- experience from working visits to other Parlia- tion [S/2002/609], reaffirmed that the Republic’s ments, notably their May visit to the Northern borders with its neighbouring States were well Ireland Assembly to see the work of another as- defined and confirmed by bilateral agreements. sembly built against a background of community FYROM underscored that the 2001 border agree- division; and the participation in June of a 30- ment between it and FRY [YUN 2001, p. 368] had member multi-ethnic Assembly delegation in a been ratified by the Parliaments of both States, workshop in the United States on developing supported by relevant international structures good governance, followed by a visit to the and recognized by the United Nations. It re- United States Congress. jected the Kosovo provisional Assembly’s resolu- The executive and the legislature took steps to tion, proposed that international organizations protect the rights and interests of communities. and institutions condemn the resolution as The Assembly enlarged the membership of its counter to the principle of inviolability of bor- functional committees to accommodate ade- ders and to international law, and asked all quate minority representation, while the Office neighbouring States to deplore its adoption. The of the Prime Minister established an Expert FYROM Assembly supported the Special Repre- Group on Diversity Review, with governmental sentative’s decision and the EU’s position on the and multi-ethnic participation, to promote and resolution, as well as the clear reaffirmation of monitor non-discriminatory government policy. the Security Council, as contained in the 22 May However, despite the reasonably good working press statement of its President [SC/7407], that relationship among Assembly members repre- the FRY-FYROM border agreement had to be re- senting different communities in the Assembly spected by all. Presidency and committees, proposals by Kosovo Serb Assembly members were sometimes ig- nored, as were their suggested amendments to Progress in transfer of authority draft legislation. On 4 July,they walked out of the Report of Secretary-General (July). The Assembly meeting after its President failed to in- Secretary-General reported on 17 July [S/2002/ clude their amendments in the draft resolution 779] that the formation of Kosovo’s multi-ethnic on the rights of communities and their members Government was finally completed with the and on the conditions for the return of internally nomination, at the end of May, of Kosovo Serb displaced persons and refugees. At the same ses- representatives for the positions of Minister for sion, the Assembly President threatened Kosovo Agriculture, Forestry and Rural Development Serb members with sanctions if they continued to and inter-ministerial Coordinator for Returns in refer to the province as Kosovo and Metohija. the Office of the Prime Minister. The entire Gov- UNMIK was working with the President and the ernment was sworn in on 12 June. The Assembly individual parties to address those issues. adopted the Government’s programme, whose On the question of the distinction between priorities included consolidating democratic transferred and reserved responsibilities, as pro- structures, improving education and health care, vided under the Constitutional Framework, the promoting economic development, protecting Special Representative had to intervene on sev-

YUN02—3rd page proofs May 24 2004 372 Political and security questions eral occasions to clarify the areas for which he plans for achieving the expected standards al- had sole responsibility, as in the case of interna- ready developed in some areas. Further efforts tional relations, where he had to declare null and would focus on engaging the municipal-level in- void the Assembly’s 23 May resolution rejecting stitutions after the October municipal elections the border demarcation agreement between FRY (see p. 374). and FYROM (see p. 370), and a memorandum of At the executive and legislative levels, capacity- understanding on economic cooperation between building programmes for the Assembly contin- the Kosovo Minister of Trade and Industry and ued with workshops on rules of procedure, his Albanian counterpart. Guidelines had since committee work and decision-making. Senior been issued for concluding agreements between minority-community representatives in the As- the provisional institutions and Governments and sembly participated in a training programme in international organizations. Geneva on negotiation and decision-making Despite the jostling for more responsibilities, skills; Belgium assisted the Assembly’s language the overall relationship between UNMIK and the unit to boost its translation capabilities in line provisional institutions in the initial transfer with the needs of a multilingual Assembly. The phase was good. The establishment in May of the Assembly approved the Laws on Primary, Sec- Economic and Fiscal Council enhanced consul- ondary and Higher Education in Kosovo, which tations and policy coordination between UNMIK were supported by a large majority of Kosovo Al- and the provisional institutions. The Council banian deputies, but all amendments proposed discussed the Kosovo Trust Agency, the Kosovo by the other deputies were voted down, particu- Pension Savings Trust, draft legislation on public larly a provision on higher education that would financial management and accountability, and have made the university in northern Mitrovica, the need for coherence and coordination of legis- attended by Kosovo Serbs, part of a unified edu- lation in the transferred and reserved areas of re- cational system. The Kosovo Serb deputies in- sponsibility. voked the special procedure under the Constitu- Building a professional civil service remained tional Framework for the legal protection of difficult, due in large part to the low salaries of- minority community interests by submitting a fered. An important step forward was the short- motion to the Presidency claiming that the law, or listing of candidates for the posts of permanent certain of its provisions, violated the vital inter- secretaries in the ministries and in the Office of ests of the Kosovo Serb community. Since no the Prime Minister. Progress in recruiting mi- consensus could be reached, the Special Repre- nority civil service members remained mixed. sentative appointed a special panel, chaired by UNMIK continued to provide favourable condi- an international expert, to consider the Kosovo tions for minority recruits. In June, it signed a Serb challenges. The panel’s recommendation memorandum on the establishment of propor- of language that would have provided the basis tional community representation, which en- for the continued functioning of the university in trusted the Ministry of Public Services with en- northern Mitrovica was rejected by the Assembly suring that members of internally displaced and on 26 September with the votes of the Kosovo Al- refugee communities, especially minority com- banian majority. The matter was still pending. munities, were eligible for civil service positions. The Government made a concerted effort to It also specified the need for a detailed affirma- improve its work by developing a matrix for tive action plan to help the ministries and the mu- better controlling the legislative process for laws nicipalities meet proportional ranges for ethnic under review. Substantive progress was also evi- and gender representation throughout the civil dent in the ministries. In the health sector, the service. registration and issuance of licences to doctors, Report of Secretary-General (October). On except those working in Kosovo Serb enclaves, 9 October [S/2002/1126], the Secretary-General re- were completed and the registration of nurses ported that the benchmarks process had been ex- was under way. With the start of the 2002/03 plained to local political leaders, officials and school year, the first phase of reforms of the edu- civil servants, and widely publicized under the cational system was introduced, with a view to slogan “Standards before status”. Most political bringing Kosovo’s educational system in line with forces welcomed that approach and expressed European standards. A basic pension scheme willingness to work towards achieving the agreed covering more than 130,000 potential beneficia- standards. UNMIK was developing progress indi- ries was introduced and more than 21,000 recipi- cators to track achievements and highlight those ents from all communities received their first areas needing intensified efforts. The provi- payments. More than two thirds of the municipal- sional institutions of self-government also cre- ities had been certified by the Central Fiscal Au- ated a mechanism to track progress, with action thority to collect fees and charges, making them

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 373 less dependent on central authorities and the do- into north and south by the Ibar River, was con- nor community. Kosovo Serb participation in the nected by a bridge over that river. municipal structures as appointed members of During the year, Mitrovica town remained a the municipal assemblies had, in some places, challenge to the implementation of resolution yielded results for their communities, especially 1244(1999)and the authority of the international in employment in the municipal civil service, in community in Kosovo. Violence flared on 8 April, the distribution of municipal revenue, in the with serious rioting in northern Mitrovica fol- joint use of municipal facilities, and in the deter- lowing the arrest by UNMIK police of a Kosovo mination of street names and municipal refugee Serb member of the so-called bridge gang. Ap- return plans. However, most municipalities re- proximately 300 Kosovo Serb protesters, armed mained in a stalemate on such issues. During the with stones and hand grenades, confronted first half of the year, only 3 of the 24 municipali- UNMIK police, resulting in the injury of 22 of ties with a minority population allocated a fair them and Polish Special Police Unit officers. share of their finances for minority communi- Four Kosovo Serbs were detained and movement ties. restrictions were imposed. Tension built up as The continued existence of parallel adminis- demonstrations and vandalism of UNMIK vehi- trative structures challenged the day-to-day cles followed the arrest of two Kosovo Serbs on 21 operations of some of the ministries and munici- February on murder charges. palities, principally in education, health and The Security Council, in presidential state- administrative services. UNMIK worked to ment S/PRST/2002/11 of 24 April (see p. 369) change the political dynamic to provide an incen- condemned the 8 April attacks on the UNMIK po- tive for dismantling those structures and to en- lice. courage all communities to participate in joint in- KFOR and UNMIK police strengthened co- stitutions. operation to ensure a safe and secure environ- Under the continuing recruitment and train- ment, removing or reducing the influence of ing of civil servants, 5 of the 11 Permanent parallel security structures and combating crime, Secretaries for the ministries had been ap- but the so-called bridge gang still enjoyed consid- pointed; a comprehensive training-needs assess- erable support due to the general feeling of ment was under way at the municipal and central insecurity in the Kosovo Serb community. KPS levels to establish standards and design a training officers did not serve in the northern part of curriculum; and information technology capaci- Mitrovica town or in Zvecan, but there were ties were strengthened at the central level, as were mixed patrols in southern Mitrovica town. the capacities of municipal civil servants in gov- Kosovo Serb KPS officers served successfully in ernment procedure, language and computer the northern municipalities of Zubin Potok and skills and professional knowledge. Obstacles to Leposavic. KFOR support was required to enforce increasing minority representation in the civil the same policing standards in northern service remained, including security concerns, Mitrovica, where the challenge for UNMIK was inter-ethnic tension in the workplace, limitations meeting the needs of Kosovo Serbs for security on freedom of movement, and the limited pool and services within a unified city without allow- of qualified minority applicants willing to work ing parallel structures to exist. within the service. The Ministry of Education, Following the April violence, UNMIK sought to Science and Technology was the most ethnically stabilize the security situation on the ground by mixed, with 27 per cent minority employees at doubling the number of its police in northern the central level, followed by the Ministry of Mitrovica and engaging FRY authorities in dia- Health with 12 per cent. At the municipal level, logue to secure public support for change on the numbers increased but had not reached desired ground. To help eliminate the parallel adminis- levels. A fair proportion of minorities were em- trative and security structures, UNMIK launched, ployed in only 8 of the 24 ethnically mixed munic- on 10 June, a special campaign to recruit Kosovo ipalities. Serbs from northern Mitrovica to join KPS. In February, UNMIK opened a community of- Situation in Mitrovica fice in the northern part of Mitrovica to deliver Mitrovica region, the northernmost part of administrative services, including civil registra- Kosovo province, comprised six municipalities, tion, and to stimulate economic development. separated by the Ibar River into north (Leposavic, Former municipal workers demonstrated against Zubin Potok and Zvecan), inhabited mostly by the office, whose staff received threats. Economic Kosovo Serbs, and south (Mitrovica, Srbica and regeneration efforts included the opening of Vucitrn), inhabited mostly by Kosovo Albanians. a Business Development Centre in southern Mitrovica town, also divided along ethnic lines Mitrovica on 11April. A similar centre was envis-

YUN02—3rd page proofs May 24 2004 374 Political and security questions aged for northern Mitrovica as soon as circum- the UNMIK administration, most of whom had stances allowed. Economic reintegration in worked in the pre-conflict municipal adminis- northern Kosovo remained a high priority. A tration. number of donor programmes, generally tar- Progress was also made regarding the rule of geted at medium-scale infrastructure develop- law, with the surrender on 9 October of a Kosovo ment, were being developed in the area, and the Serb leader suspected of involvement in the in- increased availability of banking services, such as jury to 22 UNMIK Special Police Unit officers in the opening of a branch of the American Bank of Mitrovica during the April riots (see p. 373). The Kosovo in Zvecan in June, supported some trial of another Kosovo Serb charged with insti- private sector development. The creation of the gating those riots began on 22 November. Kosovo Trust Agency, with a regional team in Mitrovica, would further those efforts. Municipal elections On 1 October, the Special Representative pro- The Secretary-General reported in July posed a seven-point plan for Mitrovica, which in- [S/2002/779] that an important element in the cluded a commitment to no incursions from preparation of Kosovo’s second municipal elec- southern Mitrovica into northern Mitrovica; reg- tions, scheduled for 26 October, was the increase ular policing in the north by Kosovo Serbs as part in responsibilities of the local electoral bodies, of KPS; a coalition agreement for co-governance particularly the municipal election commissions. between Kosovo Albanian and Kosovo Serb polit- The UNMIK institution-building pillar assumed ical parties in the Mitrovica Municipal Assembly; direct management of the by-mail and out-of- a further decentralization of responsibility to Kosovo electoral operations in Serbia proper and the local level across Kosovo; relocation of the Montenegro. Several Kosovo Serb representa- Kosovo Trust Agency headquarters to northern tives issued statements conditioning their partici- Mitrovica; the convening of a donor conference pation in the elections on the establishment of specifically for Mitrovica; and a call on all to par- separate Kosovo Serb municipalities, an idea pre- ticipate in the October municipal elections. sented to the Security Council on 24 April [meeting The EU Presidency, in a 4 October statement 4518] by Nebojsa Covic, Serbia’s Deputy Prime [S/2002/1128], expressed the full support of the EU Minister and head of the FRY Coordinating Cen- for the Special Representative’s seven-point plan tre for Kosovo. The Special Representative made for Mitrovica. The EU would continue to assist clear to Mr. Covic and to the FRY authorities that all of Kosovo’s inhabitants and communities in such “cantonization” or “territorialization” was moving closer to European standards and in not a feasible option. Instead, UNMIK examined making Mitrovica a normal European town. To ways to use existing regulations to provide for the that end, participation of all voters, including further devolution of responsibilities to the com- those from minority communities, was crucial in munity level. the upcoming municipal elections. In October [S/2002/1126], the Secretary-General In further developments, UNMIK,on25No- reported that, despite a political environment vember, established its administration in north- that had become more tense since the campaign ern Mitrovica, thus extending its authority period began on 10 September, there had been throughout the whole of Kosovo for the first time no election-related violence. The impact of the since its deployment in June 1999. That was recent arrests of former Kosovo Liberation Army made possible by the agreement of the FRY au- (KLA) members had influenced the campaign in thorities to discontinue the financing of parallel some municipalities, particularly those with structures, including parallel security structures, strong support for PDK and AAK. In July and Au- and to support UNMIK in assuming control of the gust, 68 political entities were certified by the administrative functions and developing KPS in Central Election Commission to contest in one or northern Mitrovica. However, some institutions, more of Kosovo’s 30 municipal assemblies, in- especially in the health sector, still continued to cluding 30 Kosovo Serb political entities. By Sep- receive financing from Belgrade. tember, the Commission had registered some UNMIK began implementing relevant provi- 5,500 candidates, of whom 27 per cent were sions of the seven-point plan for Mitrovica. By women, and 1.3 million voters (some 1.2 million the end of the year, KFOR and UNMIK police had in Kosovo, 109,000 in Serbia proper and Mon- begun to man the bridge across the Ibar River tenegro, and some 7,800 in 37 countries world- in place of the so-called bridge-watchers. Six wide). Kosovo Serb correctional officers who graduated Some of the Commission decisions, such as the from the KPS school on 5 December were as- certification of Serb political entities, were criti- signed to the Mitrovica detention centre. So far, cized by Kosovo Albanian groups and media. 60 Kosovo Serbs had been recruited to work for Calls to boycott the elections came from two small

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 375 radical Kosovo Albanian political parties, as well The Special Representative certified the as from the Kosovo Serb community in connec- election results on 3 November. President tion with the attempted arrest of a Kosovo Serb Rugova’s LDK won the majority in 11 of the 30 leader and the demand for a separate municipal- municipalities and gained the highest number of ity in northern Mitrovica. However, the FRY votes in a further eight, compared to its previous President had publicly called on all Kosovo Serbs outright majority in 19 municipalities. Kosovo- to participate in the elections. wide, LDK gained approximately 46 per cent of the vote, similar to its performance in the 2001 Assembly election. SECURITY COUNCIL ACTION PDK won a majority in four municipalities, On 24 October [meeting 4633], following consul- gaining 29 per cent of the vote, up 2 per cent tations among Security Council members, the from the 2001 Assembly election. PDK had sig- President made statement S/PRST/2002/29 on nalled its intention to co-govern wherever possi- behalf of the Council: ble with AAK, the third main Kosovo Albanian The Security Council reaffirms its continued party, which won no municipality outright. AAK commitment to the full and effective implementa- gained 6 per cent of the overall vote, similar to tion of Council resolution 1244(1999) of 10 June the previous year’s results. 1999 in Kosovo, Federal Republic of Yugoslavia, On the basis of their participation, the Kosovo commends the Special Representative of the Serbs won the majority in the five municipalities Secretary-General and the Commander of the mentioned above. The results showed that, where Kosovo Force for the ongoing efforts to this end they took part in large numbers, the Kosovo Serb and calls upon the provisional institutions of self- government, local leaders and all others concerned Return Coalition lost out to Belgrade-based par- to cooperate fully with them. ties, mainly President Kostunica’s Democratic Party of Serbia (DSS) and to the Serb National The Council welcomes the progress made in pre- paring for the municipal elections on 26 October Council Mitrovica (SNC). In those areas where 2002 and calls upon all eligible voters, including they did not constitute a majority,the Return Co- those from minority communities, to seize the alition gained one seat each in 11 municipal as- chance to have their interests properly represented semblies and two in the Kamenica municipal by taking part in the elections. The Council ex- assembly; DSS gained one seat each in 5 munici- presses its firm belief that wide participation in the pal assemblies. voting is essential to providing the best opportunity In total, 40 of the 68 political entities repre- for future progress towards the building of a multi- ethnic and tolerant society. sented on the ballot won at least one seat, mean- ing that nearly all of Kosovo’s minority commu- nities were represented in municipal assemblies. Security Council consideration (November). Kosovo’s Turkish community, which had boy- The Under-Secretary-General for Peacekeeping cotted the 2000 elections, gained a seat in the Operations, reporting on the outcome of the Pristina municipal assembly and four seats in elections to the Security Council on 6 November Prizren. [meeting 4643], said that the campaign was largely Women would make up some 28.5 per cent of free of violence and election day itself passed the membership of the new municipal assem- peacefully. The Council of Europe Election Ob- blies, an improvement on the 8 per cent achieved servation Mission confirmed that the election in the 2000 elections. A surprising result was the was “in line with Council of Europe principles performance of new locally organized, politically and international standards for democratic elec- unaffiliated initiatives, which received one or tions”. Some 12,000 domestic observers were ac- more seats in approximately half of Kosovo’s mu- credited for the vote. nicipalities. The overall turnout was 54 per cent (58 per The day after the elections, on 27 October, the cent in Kosovo and 14per cent for those voting in Kosovo Albanian municipal assembly President Serbia and Montenegro). That turnout was fur- of Suva Reka, who belonged to President ther depressed by the low participation (around Rugova’s LDK, was killed. 20 per cent) of the Kosovo Serbs, who voted pre- dominantly in the five municipalities where they Security Council mission to Kosovo constituted a majority: Leposavic, Zvecan and On 21 November [S/2002/1271], the Security Zubin Potok (the three northern municipalities), Council President informed the Secretary- Strpce and Novo Brdo; their participation was General that, at the invitation of the Special Rep- minimal in areas where they were a minority, resentative, the Council had agreed to dispatch a with a virtual boycott in northern Mitrovica mission to Kosovo and Belgrade from 13to 17De- town. cember, to find ways to enhance support for the

YUN02—3rd page proofs May 24 2004 376 Political and security questions implementation of resolution 1244(1999) and and security was improving. KPS was increasing UNMIK’s work to that end; to observe UNMIK’s op- in numbers and the judiciary was in the process erations and the situation on the ground, and of being re-established, with multi-ethnicity con- specifically to obtain an update on the Special tinuing to be promoted in both bodies. For the Representative’s benchmarks (see p. 369), includ- first time, the number of minority returnees sur- ing the rule of law, the rate of sustainable return passed those leaving. Nevertheless, the overall and the privatization agenda; to discuss the chal- figures of internally displaced persons and refu- lenges faced by UNMIK, particularly the follow- gees returning to communities where they had up to the local elections, decentralization and the been in the minority remained low. Preparations situation in Mitrovica; and to report its conclu- for privatization were progressing, and coopera- sions to the Security Council. tion between UNMIK and Belgrade had im- The mission was to convey to all concerned the proved. The establishment of UNMIK adminis- need to: use the opportunity created by the local tration in the northern part of Mitrovica marked elections to move forward with the decentraliza- an important move against parallel institutions. tion process and to further develop democratic The formulation of benchmarks (see p. 369) institutions; promote inter-ethnic reconciliation for the realization of standards was a constructive and inclusion; reject all violence and condemn approach for Kosovo’s further development as a extremist and terrorist activities; ensure public democratic, multi-ethnic society, and the mission safety and order, and promote stability and hoped that they could be worked out with local security; and support the full and effective imple- authorities so as to build local “ownership” of mentation of resolution 1244(1999) and fully them. The Special Representative’s policy of cooperate with UNMIK and the international “Standards before status” (see p. 372) was the only security presence. The mission would further ex- viable way forward. plore ways to enhance cooperation between Despite those positive developments, the situa- UNMIK and the FRY authorities on the basis of the tion in Kosovo remained fragile. Much had yet to UNMIK-FRY Common Document [YUN 2001, p. 358], be done by UNMIK and Kosovo’s institutions and and the opportunities for increased cooperation communities, especially with respect to the rule between Pristina and Belgrade and look at the of law, sustainable return of minorities, local impact of the regional situation on UNMIK’s ownership of Kosovo’s progress, democratic de- work. velopment, inter-ethnic reconciliation and dia- The mission, headed by Ole Peter Kolby (Nor- logue, cooperation between Pristina and Bel- way), and comprising representatives from Bul- grade, and the fight against organized crime. garia, Cameroon, China, Colombia, France, Considerable attention and resources had to be Guinea, Ireland, Mauritius, Mexico, Singapore, dedicated to the return of minority refugees and the Syrian Arab Republic, the Russian Federa- displaced persons, especially region-wide, and tion, the United Kingdom and the United States, local commitment had to support conditions for was briefed by the Special Representative on 14 the achievement of a sustainable return process, December. It met with the principal officials of namely, security, confidence-building measures the provisional institutions of self-government, and economic viability. UNMIK, together with members of the Kosovo Assembly, including local institutions and civil society, should con- those of major Kosovo Albanian political parties tinue to pursue a comprehensive approach to and the Kosovo Serb coalition, and representa- move the return process forward, keeping in tives of other ethnic communities. The mission mind that reconciliation and dialogue were para- also met with families of missing persons. It was mount in that regard. The resolution of the fate briefed by the KFOR Commander. In Mitrovica, it of missing persons from all communities was an met with representatives of Kosovo Serb and important contribution to reconciliation. UNMIK Bosniac civil society. was encouraged to press forward on those issues Reporting on its findings [S/2002/1376], the mis- in consultation with the International Commit- sion remarked that notable progress had been tee of the Red Cross (ICRC), KFOR, the provisional made in several areas in the implementation of institutions, concerned local non-governmental resolution 1244(1999). Elections held for the organizations (NGOs) and Belgrade, and to keep Kosovo Assembly in 2001 [YUN 2001, p. 359] and the the Council regularly informed. municipalities in 2002 (see p. 374) had led to the The mission pointed out that the progress formation of the provisional institutions of self- achieved so far had been driven to a large extent government and the new municipal assemblies. by the international community, while local own- The process of handing over power and responsi- ership and commitment to those processes had bilities to the local institutions was continuing. In been less than expected. UNMIK should further the area of the rule of law, crime rates were down involve the local institutions and political leaders

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 377 in the formulation and implementation of politi- by the United Nations). UNMIK was headed by cal goals and strategies, especially the implemen- the Special Representative of the Secretary- tation of the benchmarks for the eight standards General, Michael Steiner (Germany), appointed articulated in the “Standards before status” pol- by the Secretary-General in an exchange of let- icy. A greater degree of local ownership of, and ters with the Security Council on 21 and 23 Janu- commitment to, the realization of those stand- ary [S/2002/105, S/2002/106] to replace Hans ards was a prerequisite for their ultimate success- Haekkerup (Denmark). ful implementation. Noting the low levels of participation, espe- Sectoral developments cially of Kosovo Serbs, in the municipal elections (see p. 374), the mission urged greater effort by Kosovo minority communities the local institutions towards promoting partici- Of an estimated 2,668 minority refugee re- pation in the political process, with special turns in 2002, 35 per cent were Kosovo Serbs, emphasis on the inclusion of, and respect for, 46 per cent Roma/Ashkalis/Egyptians and the views and interests of all communities. The 11per cent Kosovo Albanians. No reliable figures mission stressed a “results-oriented” approach were available of those who had left by the end of through consensus. the year, but it was estimated that, overall, there The mission underscored the necessity for was a net inflow. Most returns were to small, elected representatives to act in a solution- traditionally mono-ethnic villages. The largest oriented manner in providing basic services for number of returns to mixed communities oc- the inhabitants of their municipalities. The curred in the Gnjilane municipality. The demo- handing over of responsibilities from UNMIK to graphic structure of the returnee population locally elected bodies should be done in a way tended to be weighted towards the elderly. Few that ensured local ownership and accountability. professionals returned. Municipal assemblies had huge tasks to address, At a donor coordination meeting (Brussels, particularly the fostering of dialogue, reconcilia- 5 November), UNMIK introduced its 2003 Strat- tion and conditions for sustainable return, and egy for Sustainable Returns, which emphasized the fight against corruption. The mission urged the need for a grass-roots approach and focused UNMIK to support efforts in that regard and, in on multisectoral projects that engaged the entire consultation with local institutions and elected community in the return effort. The strategy representatives, to further elaborate the proposal called for 16.6 million euros in external assist- for a decentralization of competences to munici- ance for up to 44 projects, as well as 7.5 million palities without delay. The mission felt that the euros for a flexible fund to address spontaneous time had come for cooperation between Pristina individual returns. An additional 7.7 million eu- and Belgrade on practical issues, which UNMIK ros were being sought to support displaced per- and the provisional institutions of self- sons who had returned during 2002 but were government should facilitate. awaiting assistance. On 1 November, UNMIK es- The mission underscored the importance of tablished the Task Force on Returns, comprising viewing developments in Kosovo in a regional representatives of UNMIK, KFOR, the provisional perspective, and pointed to the need for regional institutions and UNHCR, to ensure effective and cooperation, especially in combating organized consistent implementation of returns policies crime, including trafficking. It was of the view among key institutions, as well as to provide that, in the light of the many difficult issues yet to high-level support and oversight for the returns be resolved, continued substantial international process. engagement in Kosovo would be necessary for Engagement in the returns process by the pro- the foreseeable future. visional institutions at the central and municipal levels continued to grow, although it was not UN Interim Administration matched by actions to create enabling conditions Mission in Kosovo (UNMIK) and assist in the implementation of returns proj- The United Nations Interim Administration ects. Minority community members continued to Mission in Kosovo, established in June 1999 [YUN face the risk of ethnically motivated violence and 1999, p. 357] to facilitate a political process to deter- harassment, although improvements in the free- mine Kosovo’s political future, comprised five dom of movement and in security conditions components referred to as pillars: interim had contributed to enhanced opportunities administration (led by the United Nations); for return in some areas. Returns projects had institution-building (led by OSCE); economic re- been implemented in each region of Kosovo, in- construction (led by the EU); humanitarian af- cluding Bica (Pec region), Zhupa Valley (Prizren fairs (led by UNHCR); and police and justice (led region), Makres (Gnjilane region), Vucitrn

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(Mitrovica region) and Magura (Pristina region). On 24 April, the Security Council, in presiden- Nevertheless, the environment for returns re- tial statement S/PRST/2002/11(see p. 369), wel- mained fragile and conditions for return varied comed FRY’s decision to transfer the Kosovo Al- widely, from generally supportive to outwardly banian prisoners to UNMIK custody. hostile in different areas of Kosovo. Substantial progress was made in building Uncertainty about the fate of missing persons local law enforcement capacity. By July, some continued to cause protests in Pristina and Bel- 4,770 KPS officers had completed basic training grade. Since the establishment of the Office on and had been or were in the process of being inte- Missing Persons and Forensics in March, exhu- grated into the operational law enforcement re- mations and identification of victims had im- gime with UNMIK police. A senior rank structure proved. In 2002, the Office exhumed an esti- was incrementally introduced in KPS and the first mated 85 per cent of previously known grave sites promotions were being awarded. By October, the in Kosovo and identified the remains of nearly total number of KPS officers had increased to 100 people through clothing exhibitions and 5,240, of whom 15.66 per cent were female and DNA testing. At the end of November, eight iden- 14.78 per cent were from non–Kosovo Albanian tified bodies were repatriated from Serbia proper communities. For the first time, the number of at the request of the families. The Office com- KPS officers exceeded that of UNMIK police. Law- piled a consolidated list of missing persons, con- and-order functions continued to be devolved to taining some 4,700 records. The process of KPS by KFOR and UNMIK police, while KFOR grad- matching data with the daily blood-donors list of ually transferred policing responsibility for the the International Committee on Missing Persons boundary/border crossing points. and ICRC tables had started. UNMIK remained committed to increasing the representation of minority communities in the Judicial system and rule of law local judiciary. The Special Representative, with Lengthy negotiations between UNMIK and the Mr. Covic, and the Serbian Justice Minister, head of the FRY Coordination Centre for Kosovo Vladan Batic, reached an agreement in principle culminated in the 26 March transfer of 146 (Belgrade, 6 July), by which FRY authorities Kosovo Albanian detainees to Kosovo from Ser- would encourage Kosovo Serb judges and prose- bia proper. That event was preceded by the hand- cutors residing in Serbia proper and in Kosovo to ing over of court files relating to the majority of apply for positions in Kosovo by 15 July and the the remaining detainees. A review of those files Government of Serbia would guarantee pension by UNMIK’s Department of Justice resulted in the and social security rights. However, significant release of 80 detainees on 27 March by order of progress in the recruitment of Kosovo Serb the Special Representative, which the EU wel- judges and prosecutors depended on Serbia’s comed in a statement on the same date [S/2002/ dismantling of the parallel court structures in 343].UNMIK was reviewing the case files of the re- which many former judges and prosecutors were maining detainees to determine whether they employed. should be retried or released. On 29 March, a The local judicial system comprised 341 further 11 prisoners diagnosed with mental ill- judges and prosecutors, including 319Kosovo Al- nesses were transferred from Serbia proper to banians, 4 Kosovo Serbs, 7 Kosovo Turks, 9 UNMIK custody at the Dubrava prison hospital; Kosovo Bosniacs and 2 Kosovo Roma. The their case files were also being reviewed by an in- Kosovo Judicial and Prosecutorial Council had ternational judge. A smaller number of detainees finalized a shortlist of 94 candidates, 52 per cent convicted of crimes unrelated to the recent con- of whom were minority applicants, for 40 adver- flict would serve out their sentences in Kosovo. tised vacancies. Twelve international prosecutors On 3 April, in Belgrade, the Special Represen- and 12 international judges continued to work in tative signed the Agreement on the Transfer of the justice system. Courts were reopened in Sentenced Persons, allowing prisoners in Kosovo Leposavic and Zubin Potok. On 11December, the and Serbia proper to choose their place of deten- Special Representative appointed 42 additional tion in accordance with the 1983 Council of Eu- judges and prosecutors (21 Kosovo Serbs, 19 rope Convention on the Transfer of Sentenced Kosovo Albanians, 1 Kosovo Bosniac and 1 Persons. UNMIK had identified 16 Kosovo Serb Kosovo Gorani), bringing the total Kosovo judi- prisoners who met the conditions for transfer. On ciary to 373, including 16 Kosovo Serbs and 17 10 April, a delegation of three Serb lawyers from from other minority communities. Thirteen of the FRY Coordination Centre for Kosovo visited the new Kosovo Serb appointees had been sworn those detainees in the Pristina and Mitrovica in, while the remaining eight had hesitated ow- detention centres but none expressed interest in ing to security and remuneration concerns. The being transferred to jails in Serbia proper. local judiciary handled 90 per cent of all criminal

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 379 and civil cases. The new appointees would receive charges of serious crimes, including murder, training on the applicable law by the Kosovo Judi- committed against fellow Kosovo Albanians in cial Institute, established by UNMIK’s institution- 1999 led to protests, primarily in the Pec and building pillar. Pristina regions. Protests also occurred in north- On 24 September, the trial of two Kosovo Alba- ern Mitrovica against the attempted arrest of a nians, formerly KLA members, accused of having Kosovo Serb leader, which failed, however, to committed crimes against Kosovo Serbs in 1999, mobilize widespread public support. On 19 Au- began in Gnjilane. In two separate court cases, gust, the Government passed a resolution con- two Kosovo Serbs accused of committing crimes demning the arrests of some Kosovo Albanian against Kosovo Albanians in 1999 and 2000 were suspects and the attempted arrest of a Kosovo acquitted. Intimidation of witnesses remained a Serb suspect and accusing UNMIK of having concern and current legal provisions and mate- taken “political prisoners”. UNMIK and the inter- rial resources remained insufficient to deal with national community, including the EU,ina20 that problem, notably through an effective wit- August statement [S/2002/965], condemned the ness protection programme. On 19 November, resolution. Subsequent statements by Kosovo Al- an international prosecutor indicted four Kosovo banian leaders supported those arrests. Albanians on war-crimes charges. On 17Decem- Economic crime and corruption remained ber, five other former KLA members were con- pervasive. A number of suspects were appre- victed for crimes committed in the Pec region in hended on charges of tax evasion, smuggling, 1999 and sentenced to terms ranging from three money-laundering and fraud. On 24 September, to five years. One was convicted of murder and two senior officials from the cadastre office in sentenced to 15 years. On 11November, an inter- Pristina municipality were arrested on suspicion national prosecutor indicted two Kosovo Alba- of involvement in thousands of illegal property nians on charges of terrorism. By the end of transactions. Furthermore, most of the 4.5 mil- 2002, 29 international judges and prosecutors lion euros taken from the Kosovo Electric Com- were dealing with sensitive cases related to terror- pany were returned to Kosovo. Efforts continued ism, war crimes and organized crimes. to boost the operational capacity of the Kosovo Progress was made in developing the penal Organized Crime Bureau. system in line with modern European standards. By year’s end, the Conditional Release Com- Economic reconstruction and development mission, established on 1 October, had granted In 2002, Kosovo’s economy improved, but conditional release in 16 of the 20 cases it had long-term development and stability remained considered. problematic. The estimated gross domestic prod- uct (GDP) for 2002 was 1.99 billion euros, com- Security situation pared with 1.4 billion euros in 2000. That high Crime statistics reflected an overall decline in rate of growth, a 14per cent nominal, or an 8 per serious crime in Kosovo throughout 2002. How- cent real increase year-on-year, was largely attrib- ever, several cases of violence with political over- utable to a low post-conflict starting base and to a tones had occurred. In Mitrovica, after eight significant inflow of foreign aid and remittances months of calm, violence flared at the beginning from the diaspora. GDP per capita was estimated of April (see p. 373). On 27 October, the LDK at 1,028 euros. Gross national product (GNP) per ca- President of the Suva Reka municipal assembly pita amounted to 1,200 euros in 2001, up 13 per was murdered, as were a prominent lawyer and cent from the year before, and was estimated to human rights activist involved in the issue of have grown by a further 7 per cent in 2002. missing persons on 4 November and a former Imports were extremely high at 2,100 million KLA member on 25 December. An attempted euros in 2001, exceeding GDP. In 2002, exports murder took place in mid-December of a Kosovo were estimated to have risen only slightly to Albanian reported to be a prosecution witness in 201 million euros, compared to 180 million euros a high-profile case against former KLA members. in 2001, while imports were expected to amount Ethnically motivated crimes continued. In July, to 2,277 million euros. Kosovo’s projected 2002 a series of explosions destroyed Kosovo Serb trade deficit of 2,076 million euros exceeded its homes in the Gnjilane region and Albanian GDP by 5 per cent. youths attacked a Kosovo Serb woman in Pristina. Total revenue was expected to increase to In one incident, Kosovo Albanian gunmen tar- 396.3 million euros in 2002. A medium-term ex- geted UNMIK police and KFOR who were protect- penditure framework analysis had been added to ing Kosovo Serb woodcutters during a gunfight the budget development process, which im- in the Pec region. In August, the arrest and in- proved the macroeconomic and fiscal bases of a dictment of several former KLA members on multi-year budget and increased the predictabil-

YUN02—3rd page proofs May 24 2004 380 Political and security questions ity of policy and funding for improved budget By October, Kosovo’s electricity supply was at planning for the 2003-2005 period. its peak since the end of the conflict. However, High unemployment posed a major challenge. on 19 July, lightning damaged the Obilic power In the enterprise sector, the number of registered station, knocking out of service almost two thirds enterprises had stabilized, but only small private of Kosovo’s electricity-generating capacity. An firms continued to grow. On 13 June, the Special Energy Committee, chaired by the Special Rep- Representative promulgated regulation 2002/12 resentative, approved a comprehensive repair programme, endorsed the Government’s Energy establishing the Kosovo Trust Agency (KTA), and regulation 2002/13 establishing a special cham- Savings Plan and approved a 20-million-euro en- ber of the Supreme Court of Kosovo for matters ergy import package to supplement domestic production until the end of the year. Despite the related to KTA, which would permit the privatiza- tion of Kosovo’s socially owned enterprises and speedy response by the donor community to en- enhance efficient management of key providers able repairs, a return to normal operation was unlikely before the summer of 2003. Funding to of public utility services. KTA had begun to ex- amine the assets, commercial viability and cadas- repair the power station’s fire-damaged section tral records of some 500 socially owned enter- was still being sought. A 13.5-million-euro capital prises. It would also take over the responsibility investment programme for the Pristina airport for a number of State-owned enterprises, includ- was on course to help the airport cope with in- ing those for the supply and distribution of elec- creased traffic. tricity, telecommunications and the airport. KTA The fourth donor meeting for Kosovo (Brus- approved the commercialization of five socially sels, November) discussed the management of a owned enterprises and had begun to apply to smooth and effective transfer of responsibilities socially owned enterprises the same laws regulat- to the provisional self-government institutions ing private enterprises, particularly as regards and Kosovo’s general macroeconomic outlook. taxation and employment practices, thus en- Although the meeting was not a pledging confer- abling KTA to determine their financial viability ence, the need for some 500 million euros in and improve monitoring of their financial per- external assistance in the next three years was formance. Missing documentation on identifica- highlighted and acknowledged by many donor tion and financial reporting of socially owned representatives. enterprises remained a constraint. The commercial banking sector had de- Financing veloped well. In October, the one-hundredth On 3 January, the Secretary-General sub- bank branch was opened, and by early December mitted to the General Assembly the financial per- the Banking and Payments Authority (BPK) had formance report for UNMIK [A/56/763] for the pe- licensed 117 commercial outlets, four of them in riod 1 July 2000 to 30 June 2001. His 31 January areas inhabited by minority communities. Two report [A/56/802] contained the proposed budget banks continued to operate in the northern part of $391,076,200 gross ($363,861,900 net) for of Kosovo without BPK supervision or approval. UNMIK’s maintenance from 1 July 2002 to 30 Total deposits in the banking sector currently June 2003 [A/56/802]. On 4 April, ACABQ sub- amounted to some 403 million euros, thought to mitted its related conclusions and recommenda- represent approximately one third of total sav- tions [A/56/887/Add.6]. ings held by the general public. A similar sum was thought to be held in cash outside the bank- GENERAL ASSEMBLY ACTION ing sector and some 500 million euros in banks On 27 June [meeting 105], the General Assembly, outside Kosovo. Kosovo-based commercial banks on the recommendation of the Fifth Committee had outstanding loans of 82 million euros, or [A/56/977], adopted resolution 56/295 without 20 per cent of total deposits. vote [agenda item 135]. The provisional institutions and the EU-led Financing of the United Nations Interim economic reconstruction pillar of UNMIK Administration Mission in Kosovo launched several initiatives to promote economic The General Assembly, development. To attract foreign investment, they Having considered the reports of the Secretary- held a series of investment conferences to inform General on the financing of the United Nations In- Kosovo diaspora businessmen about investment terim Administration Mission in Kosovo and the opportunities in Kosovo. In addition, the Minis- related reports of the Advisory Committee on Admin- try of Trade and Industry established a Regional istrative and Budgetary Questions, Development Agency in Prizren in cooperation Recalling Security Council resolution 1244(1999) of with the Government of Slovenia. 10 June 1999 regarding the establishment of the

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United Nations Interim Administration Mission in continue efforts to recruit local staff for the Mission Kosovo, against General Service posts, commensurate with the Recalling also its resolution 53/241 of 28 July 1999on requirements of the Mission; the financing of the Mission and its subsequent resolu- Financial performance report for tions thereon, the latest of which was resolution the period from 1 July 2000 to 30 June 2001 55/227 B of 14 June 2001, 11. Takes note of the report of the Secretary-General Acknowledging the complexity of the Mission, on the financial performance of the Mission for the Reaffirming the general principles underlying the period from 1 July 2000 to 30 June 2001; financing of United Nations peacekeeping operations as stated in General Assembly resolutions 1874(S-IV) Budget estimates for of 27 June 1963, 3101(XXVIII) of 11 December 1973 the period from 1 July 2002 to 30 June 2003 and 55/235 of 23 December 2000, 12. Decides to appropriate to the Special Account Noting with appreciation that voluntary contributions for the United Nations Interim Administration Mis- havebeenmadetotheMissionbycertainGovernments, sion in Kosovo the amount of 344,966,100 dollars for Mindful of the fact that it is essential to provide the the period from 1 July 2002 to 30 June 2003, inclusive Mission with the necessary financial resources to en- of 330 million dollars for the maintenance of the Mis- able it to fulfil its responsibilities under the relevant sion, 13,364,900 dollars for the support account for resolution of the Security Council, peacekeeping operations and 1,601,200 dollars for the 1. Takes note of the status of contributions to the United Nations Logistics Base; United Nations Interim Administration Mission in Financing of the appropriation Kosovo as at 30 April 2002, including the contribu- 13 . Decides also to apportion among Member States tions outstanding in the amount of 97.3 million the amount of 344,966,100 dollars at a monthly rate of United States dollars, representing some 8 per cent of 28,747,175 dollars, in accordance with the levels set out the total assessed contributions, notes with concern in resolution 55/235, as adjusted by the General As- that only seventy-two Member States have paid their as- sembly in its resolution 55/236 of 23 December 2000, sessed contributions in full, and urges all other Mem- and taking into account the scale of assessments for the ber States, in particular those in arrears, to ensure pay- years 2002 and 2003 as set out in its resolution 55/5 B ment of their outstanding assessed contributions; of the same date; 2. Expresses its appreciation to those Member States 14 . Decides further that, in accordance with the pro- which have paid their assessed contributions in full visions of its resolution 973(X) of 15 December 1955, and on time, and urges all other Member States to there shall be set off against the apportionment among make every possible effort to ensure payment of their Member States, as provided for in paragraph 13 above, assessed contributions to the Mission in full and on their respective share in the Tax Equalization Fund of time; 24,931,500 dollars approved for the Mission for the pe- 3. Expresses concern about the financial situation riod from 1 July 2002 to 30 June 2003 at a monthly rate with regard to peacekeeping activities, in particular as of 2,077,625 dollars, comprising the estimated staff as- regards the reimbursements to troop contributors that sessment income of 22,968,900 dollars for the period bear additional burdens owing to overdue payments from 1 July 2002 to 30 June 2003, the prorated share of by Member States of their assessments; 1,819,900 dollars of the estimated staff assessment in- 4. Also expresses concern at the delay experienced by come approved for the support account for the period the Secretary-General in deploying and providing ade- from 1 July 2002 to 30 June 2003 and the increase in quate resources to some recent peacekeeping missions, staff assessment income of that account for the period in particular those in Africa; from 1 July 2000 to 30 June 2001, and the prorated 5. Emphasizes that all future and existing peace- share of 142,700 dollars of the estimated staff assess- keeping missions shall be given equal and non- ment income approved for the United Nations Logis- discriminatory treatment in respect of financial and tics Base for the period from 1 July 2002 to 30 June administrative arrangements; 2003 and the reduction in staff assessment income of 6. Also emphasizes that all peacekeeping missions that account for the period from 1 July 2000 to 30 June shall be provided with adequate resources for the 2001; effective and efficient discharge of their respective 15. Decides that for Member States that have ful- mandates; filled their financial obligations to the Mission, there 7. Reiterates its request to the Secretary-General to shall be set off against their apportionment, as pro- make the fullest possible use of facilities and equip- vided for in paragraph 13 above, their respective share ment at the United Nations Logistics Base at Brindisi, of the unencumbered balance of 66,538,000 dollars Italy, in order to minimize the costs of procurement for and their respective share of other income of the Mission; 29,041,000 dollars in respect of the financial period 8. Endorses the conclusions and recommendations ended 30 June 2001, in accordance with the levels set contained in the report of the Advisory Committee on out in resolution 55/235, as adjusted by the General Administrative and Budgetary Questions, and re- Assembly in its resolution 55/236, and taking into ac- quests the Secretary-General to ensure their full im- count the scale of assessments for the year 2001 as set plementation; out in its resolution 55/5 B; 9. Requests the Secretary-General to take all neces- 16. Decides also that for Member States that have not sary action to ensure that the Mission is administered fulfilled their financial obligations to the Mission, with a maximum of efficiency and economy; their respective share of the unencumbered balance 10. Also requests the Secretary-General, in order to of 66,538,000 dollars and other income of reduce the cost of employing General Service staff, to 29,041,000 dollars in respect of the financial period

YUN02—3rd page proofs May 24 2004 382 Political and security questions ended 30 June 2001 shall be set off against their out- KFOR Commander and the President of Albania standing obligations in accordance with the scheme set signed an agreement on temporary operating out in paragraph 15 above; procedures for cooperation and coordination of 17. Decides further that the decrease in the staff as- sessment income of 5,171,500 dollars shall be set off activities along the border, which they renewed against the credits from the unencumbered balance in on 28 May. respect of the financial period ended 30 June 2001 re- In its Kosovo-wide search operations for ferred to in paragraphs 15 and 16 above; weapons smuggling, especially along logistic 18. Emphasizes that no peacekeeping mission shall routes, and for suspected members of ethnic Al- be financed by borrowing funds from other active banian armed groups, KFOR seized weapons and peacekeeping missions; ammunition on a daily basis. In August alone, it 19 . Encourages the Secretary-General to continue to confiscated 170 weapons, 7,412 grenades and take additional measures to ensure the safety and security of all personnel under the auspices of the mines, and 17,276 rounds of ammunition and, on United Nations participating in the Mission; 12 August, arrested and detained individuals sus- 20. Invites voluntary contributions to the Mission in pected of having links to the so-called Republi- cash and in the form of services and supplies accepta- can Army of Ilyrida. Earlier, during its weapons ble to the Secretary-General, to be administered, as ap- amnesty period, from 15 March to 15 April, KFOR propriate, in accordance with the procedure and prac- recovered some 459 weapons, 7 rockets and mis- tices established by the General Assembly; siles, 670 grenades, 90 mines and 58,771 rounds 21. Decides to include in the provisional agenda of its fifty-seventh session the item entitled “Financing of of ammunition from all ethnic communities the United Nations Interim Administration Mission in across the province. Under KFOR’s weapons de- Kosovo”. struction programme, a total of 20,913 weapons were destroyed by the end of July. On 18 December, the Secretary-General sub- KFOR also provided daily assistance on request mitted the performance report [A/57/678] for to international organizations and NGOsoperating UNMIK for the period 1 July 2001to 30 June 2002, in Kosovo and security assistance in support of and the proposed budget [A/57/679] for the main- UNMIK police operations, particularly in Mitro- tenance of the Mission for the period 1 July 2003 vica. In June, UNMIK and KFOR signed a security to 30 June 2004. transition strategy and, on 2 July, a memorandum On 20 December, the Assembly decided that of understanding to increase cooperation and co- the item on UNMIK financing would remain for ordination and to establish a process for the trans- consideration during its resumed fifty-seventh fer of responsibilities from KFOR to UNMIK for (2003) session (decision 57/585) and that the general public security, management of demon- Fifth Committee should consider the item at that strations, and enforcement and control of curfews session (decision 57/556). in the five municipalities of the Mitrovica region.

International security presence (KFOR) Relations with FRY During the year, the Secretary-General sub- UNMIK and FRY and FRY’s constituent Repub- mitted to the Security Council, in accordance lics of Serbia and Montenegro continued in 2002 with resolution 1244(1999) [YUN 1999, p. 353],re- to discuss issues of mutual concern, thereby en- ports on the activities of KFOR, also known as Op- hancing a constructive relationship. In discus- eration Joint Guard, covering the period 1 No- sions between the Special Representative and the vember 2001 to 30 November 2002 [S/2002/122, FRY President, Prime Minister and Deputy Prime S/2002/183, S/2002/366, S/2002/611, S/2002/725, S/2002/ Minister (also head of the Coordination Centre) 978, S/2002/984, S/2002/1111, S/2002/1225, S/2002/1404, (Belgrade, 3 April), it was agreed that coopera- S/2002/1421]. A later report covered activities dur- tion between UNMIK and the Coordination Cen- ing the remainder of the year [S/2003/130].Asat31 tre for Kosovo in Belgrade should continue to be December, the force, which operated under based on the UNMIK-FRY Common Document North Atlantic Treaty Organization (NATO) lead- [YUN 2001, p. 358], the primary mechanism of ership, comprised some 28,000 troops from all which was the high-ranking working group and NATO countries, as well as from non-NATO coun- its two working bodies, on judicial cooperation tries. and on police cooperation. Negotiations between KFOR continued to enhance security along the UNMIK and the head of the Coordination Centre borders with Albania and FYROM, to prevent Al- led to the transfer in March of 146 Kosovo Alba- banian armed groups from using lines of com- nian detainees from Serbia proper and to the munication through Kosovo, as well as to confis- signing in Belgrade of the Agreement on the cate weapons, deter smuggling, detain persons Transfer of Sentenced Persons, allowing prison- illegally crossing the borders and deter other at- ers in Kosovo and Serbia to choose their place of tempts to enter the province. On 14February, the detention (see p. 378).

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On the issue of missing persons, the Working UNMIK-issued licence plates and vehicle registra- Group on Police Cooperation adopted protocols tion documents. in February on the cross-boundary transfer of identified remains, the exchange of forensic ex- perts and expertise, and the joint verification Other issues teams on alleged hidden prisons. The first joint visit to an alleged illegal detention centre in Constitutional arrangement Kosovo took place on 13 March and confirmed for Serbia and Montenegro that the site was, in fact, a mental institute. On 14 March, in Belgrade, the leaders of Ser- Enhanced dialogue with Belgrade through bia and Montenegro reached agreement on the the high-ranking working group of the Coor- principle of a single constitutional arrangement dination Centre focused on Mitrovica, eco- for the FRY Republics of Serbia and Montenegro. nomic policies, police and judicial coopera- The European Council (Barcelona, Spain, 15-16 tion, outreach to internally displaced Kosovo March) [S/2002/298] welcomed that agreement, Serbs and evaluating conditions for return. noting the commitment of both sides to achieve a In keeping with the Special Representative’s common internal market, including a common efforts to encourage contacts between the pro- customs and trade policy. The Council expressed visional institutions of self-government and the EU’s readiness to support those efforts in the FRY authorities, Serbia’s Minister for Finance context of the stabilization and association pro- and Kosovo’s Minister for Finance and Econ- cess, to continue to offer advice and assistance omy met on the margins of the regional con- and to monitor regularly the progress achieved. ference on cigarette smuggling. However, the The EU further expected both Republics to work Government of Kosovo underlined that the together to ensure the functioning of the com- time was not yet ripe for full-blown high-level mon institutions. contacts. The EU would, under the stabilization and as- sociation process, continue its economic assist- During the year, discussions with Montenegrin ance. In determining the level and the beneficia- officials focused on reinforcing a regional com- ries of that assistance, it would take account of mitment to cooperation against organized crime progress achieved in each Republic, including with concrete actions, including enhancing po- the contribution of each to the effective function- lice cooperation. UNMIK also proposed to move ing of the common State and the achievement of the customs shift points to eliminate the “no- European standards. man’s-land” between Kosovo and Montenegro.

Relations with FYROM Former Yugoslav Following the signing of the 2001 “Agreement for the delineation of the borderline between the Republic of Macedonia Republic of Macedonia and the Federal Republic of Yugoslavia” [YUN 2001, p. 368], the Special Rep- resentative and FYROM President Boris Traj- Throughout 2002, the EU and OSCE continued kovski agreed in Skopje on 18 April 2002 to estab- to monitor the implementation of the 2001 lish a Joint Expert Committee to address the Framework Agreement [YUN 2001, p. 371], signed by practical situation on the ground resulting from the President of the former Yugoslav Republic of that Agreement. They further agreed on the Macedonia (FYROM) and the four main political need to initiate police cooperation with a view to parties, to resolve the conflict within the country establishing a memorandum of understanding that had arisen from attacks launched by ethnic on crime prevention and the fight against organ- Albanian armed groups across the border from ized crime. That was preceded by their 28 March the FRY province of Kosovo. The Agreement pro- agreement to exchange information to combat vided for the cessation of hostilities, the volun- organized crime and terrorism. tary disarmament and disbandment of ethnic In June, the FYROM authorities further agreed Albanian armed groups, an unconditional cease- in principle to a joint access permit for farmers fire and the development of a decentralized Gov- whose grazing lands were affected by the 2001 ernment. Agreement and endorsed proposals to establish On 29 November [S/2002/1345], NATO informed an additional provisional border crossing for the the Secretary-General that the North Atlantic population of the border areas. On 18 June, they Council (NAC) had agreed that the international abolished visas for holders of UNMIK travel docu- security presence in FYROM (Operation Amber ments and agreed in principle to recognize Fox), authorized by NATO in 2001 [YUN 2001, p. 374]

YUN02—3rd page proofs May 24 2004 384 Political and security questions to protect the international monitors deployed to meetings of the Coordinating Council, part of oversee the implementation of the Framework the United Nations–led peace process [YUN 1997, Agreement and due to end on 15 December, had p. 365]. The situation was also aggravated by the been a success. NAC considered, however, that an holding in March of “parliamentary elections” in international military presence in FYROM was Abkhazia. A further stumbling block was the still required. While noting the EU’s expressed continued presence of Georgian troops in the readiness (Brussels, 24-25 October) to take over Kodori Valley. However, progress in defusing military operations in the country, NAC agreed to tension there was achieved with the signing of maintain NATO’s military presence in FYROM un- two protocols, in January and April, which ac- til February 2003, after which it would review the cepted the resumption of joint United Nations modalities of its continuing presence there. It Observer Mission in Georgia (UNOMIG)/Com- also agreed, without prejudice to future EU deci- monwealth of Independent States (CIS) patrols to sions, that NATO would continue to assist FYROM the Kodori Valley and set a deadline for the with- with defence and security reform. drawal of Georgian regular forces. Although the The strategic political objectives of NATO’s situation in the Valley stabilized with the onset of post–15December presence were to minimize the risk of destabilization, demonstrate support for winter, UNOMIG/CIS patrols reported no change the current political process and legitimate in the armed presence there in the last quarter of FYROM institutions, and contribute to the estab- the year. lishment and maintenance of an environment conducive to democratic governance, multi- ethnicity, stability, the rule of law and economic UN Observer Mission in Georgia regeneration. An operational plan (Allied Har- The United Nations Observer Mission in mony) was approved by NAC and transmitted to Georgia (UNOMIG), established by Security the Secretary-General. Council resolution 858(1993) [YUN 1993, p. 509], continued, through daily ground and regular Relations with Greece helicopter patrols, to monitor and verify compli- Pursuant to the 1995 Interim Accord on the ance with the 1994Agreement on a Ceasefire and normalization of relations between FYROM and Separation of Forces (Moscow Agreement) [YUN Greece [YUN 1995, p. 599], representatives of both 1994, p. 583] and to fulfil other tasks as mandated countries met twice during the year (5 February by Security Council resolution 937(1994) [ibid., and 13June), under the auspices of the Secretary- p. 584]. The Mission operated in close collabora- General, to exchange views in the context of arti- tion with the collective peacekeeping force of CIS cle 5 of that Accord, which provided for the con- that had been in the zone of conflict, at the re- tinuation of negotiations with a view to reaching quest of the parties, since 1994 [ibid., p. 583]. The agreement on their differences as described in Council extended the Mission’s mandate twice Security Council resolutions 817(1993) [YUN 1993, during the year, the first time until 31 July 2002 p. 208] and 845(1993) [ibid., p. 209] concerning the and the second until 31 January 2003. name of the State of FYROM. They decided to meet again at a date to be agreed upon. UNOMIG’s main headquarters was located in Sukhumi (Abkhazia, Georgia), with some admin- istrative headquarters in Pitsunda, a liaison of- Georgia fice in the Georgian capital of Tbilisi, and team bases and a sector headquarters in each of the Gali and Zugdidi sectors. A team base in the Kodori Valley was manned by observers operat- In 2002, efforts continued to engage the ing from Sukhumi. As at December 2002, Georgian and Abkhaz sides in discussions to lead UNOMIG had a strength of 106 military observ- to a settlement of their conflict regarding the pol- ers. itical status of Abkhazia as a sovereign entity within the State of Georgia. The peace process On 1 July, Heidi Tagliavini (Switzerland) remained stalled as the two parties failed to begin [S/2002/643, S/2002/644] succeeded Dieter Boden discussions on the 2001 Basic Principles for the (Germany) as the Secretary-General’s Special Distribution of Competences between Tbilisi Representative for Georgia and head of UNOMIG. (Georgia’s Government) and Sukhumi (the She was assisted by Major General Ashfaq Abkhaz leadership) [YUN 2001, p. 386], which were Ahmed (Bangladesh), UNOMIG’s Chief Military intended to serve as a basis for substantial negoti- Observer, who succeeded Major General Anis ations; nor was success achieved in convening Ahmed Bajwa (Pakistan).

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Political aspects of the conflict As UNOMIG continued to play an important Report of Secretary-General (January). The role in the stabilization of the zone of conflict Secretary-General, in his 18 January report and in the search for a political settlement, the [S/2002/88] describing the situation in Abkhazia, Secretary-General recommended that its man- Georgia, and UNOMIG’s operations there since date be extended for a further period, until 31 his October 2001 report [YUN 2001, p. 384], said that July. a major stumbling block to resolving the Abkhaz/Georgia conflict was the continued SECURITY COUNCIL ACTION presence of Georgian troops in the Kodori Valley, On 31January [meeting 4464], the Security Coun- deployed since October 2001 [ibid., p. 385] follow- cil unanimously adopted resolution 1393(2002). ing an upsurge of violence there, in violation of The draft [S/2002/133] was prepared in consulta- the 1994 Moscow Agreement. The Secretary- tions among Council members. General’s Special Representative had repeatedly The Security Council, urged the Georgian side to comply with that Recalling all its relevant resolutions, in particular Agreement and withdraw its troops. As long as resolution 1364(2001) of 31 July 2001, those troops remained deployed, the Abkhaz side Having considered the report of the Secretary- had been unwilling to discuss any subject with the General of 18 January 2002, Georgian side. No meetings had since been held Recalling the conclusions of the summits of the Or- ganization for Security and Cooperation in Europe, within the framework of the Coordinating Coun- held in Lisbon in December 1996and in Istanbul on 18 cil, nor could progress be made on the imple- and 19 November 1999, regarding the situation in mentation of the recommendations of the 2000 Abkhazia, Georgia, joint assessment mission to the Gali district [YUN Recalling also the relevant principles contained in the 2000, p. 397] to alleviate the plight of displaced per- Convention on the Safety of United Nations and Asso- sons and returnees. ciated Personnel of 9 December 1994, The Special Representative succeeded in Recalling further its condemnation of the shooting down of a helicopter of the United Nations Observer bringing the two sides together for direct talks on Mission in Georgia on 8 October 2001, which resulted 15 and 17January. Under the terms of a protocol in the death of the nine people on board, and deplor- agreed upon at the second meeting, UNOMIG ing the fact that the perpetrators of that attack have still would resume patrolling in the Kodori Valley on not been identified, 1 February,based on security arrangements to be Stressing that the continued lack of progress on key worked out with both parties, and confirm that issues of a comprehensive settlement of the conflict in there were no heavy weapons in the lower Kodori Abkhazia, Georgia, is unacceptable, Welcoming the important contributions made by the Valley and the Tqvarcheli area; Georgia would Mission and the collective peacekeeping force of the simultaneously begin withdrawing its troops; and Commonwealth of Independent States in stabilizing the Abkhaz side would undertake not to deploy the situation in the zone of conflict, and stressing its forces in the upper Kodori Valley, nor take attachment to the close cooperation existing between military action against the civilian population. them in the performance of their respective mandates, The two sides further agreed to meet again in 1. Welcomes the report of the Secretary-General of early February to determine when the Georgian 18 January 2002; troop withdrawal should be completed. 2. Commends and strongly supports the sustained efforts of the Secretary-General and his Special Repre- The Secretary-General urged the two sides to sentative, with the assistance of the Russian Federation implement expeditiously and fully the 17 Janu- in its capacity as facilitator, as well as of the Group of ary agreement on the withdrawal of Georgian Friends of the Secretary-General, and the Organiza- troops from the Kodori Valley and implement the tion for Security and Cooperation in Europe, to pro- 2001 Yalta (Ukraine) Programme of Action on mote the stabilization of the situation and the achieve- confidence-building [YUN 2001, p. 377] and the rec- ment of a comprehensive political settlement, which must include a settlement of the political status of ommendations of the 2000 joint assessment mis- Abkhazia within the State of Georgia; sion to the Gali district. He said the paper on the 3. Welcomes and supports the finalization of the doc- “Basic Principles for the Distribution of Compe- ument on “Basic Principles for the Distribution of tences between Tbilisi and Sukhumi”, finalized Competences between Tbilisi and Sukhumi” and of its in December 2001 [YUN 2001, p. 386], was simply a letter of transmittal, with the contribution and the full means to opening substantive negotiations in support of all members of the Group of Friends of the which both parties would work out a settlement. Secretary-General, and supports the efforts of the Spe- They should therefore seize the moment to ad- cial Representative on the basis of these documents, which are positive elements for launching the peace vance the process towards a peaceful solution of process between the two sides; the conflict. He particularly urged the Abkhaz 4. Recalls that the purpose of those documents is to side, which had not been prepared to receive the facilitate meaningful negotiations between the parties, paper on competences, to review its position. under the leadership of the United Nations, on the

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status of Abkhazia within the State of Georgia, and trict, carried out under the aegis of the United that it is not an attempt to impose or dictate any specific Nations, calls in particular upon the Abkhaz side to solution to the parties; improve law enforcement involving the local popula- 5. Recalls also that the process of negotiation lead- tion and to address the lack of instruction in their ing to a lasting political settlement acceptable to both mother tongue for the ethnic Georgian population; sides will require concessions from both sides; 13 . Welcomes the rehabilitation programmes initi- 6. Strongly urges the parties, in particular the ated with the cooperation of the parties to serve dis- Abkhaz side, to receive the document and its letter of placed persons and returnees on both sides of the transmittal in the near future, to give them full and ceasefire line; open consideration, and to engage in constructive ne- 14 . Calls upon the parties to take all necessary steps gotiations on their substance without delay thereafter, to identify those responsible for the shooting down of and calls upon others having influence with the par- a helicopter of the United Nations Observer Mission ties to promote this outcome; in Georgia on 8 October 2001 and to bring them to jus- 7. Calls upon the parties to spare no effort to over- tice, expresses its concern at the disturbing tendency come their ongoing mutual mistrust; of the parties to restrict the freedom of movement of 8. Condemns violations of the provisions of the personnel of the Mission, thereby hindering its ability Agreement on a Ceasefire and Separation of Forces, to fulfil its mandate, including through effective pa- signed in Moscow on 14 May 1994, and demands that trolling, and underlines the fact that it is the primary they cease immediately; responsibility of both sides to provide appropriate 9. Welcomes and strongly supports, in this regard, the security and to ensure the freedom of movement of protocol signed by the two sides on 17January 2002 re- personnel of the Mission and the collective peace- garding the situation in the Kodori Valley, calls for its keeping force of the Commonwealth of Independent full and expeditious implementation, in particular by States and other international personnel; the Georgian side, but specifically urges the Abkhaz 15. Reminds the Georgian side, in particular, to up- side to honour its undertaking not to take advantage of hold its commitment to put an end to the activities of the withdrawal of Georgian troops, recognizes the le- illegal armed groups crossing into Abkhazia, Georgia, gitimate security concerns of the civilian populations from the Georgian-controlled side of the ceasefire in the area, calls upon the political leaders in Tbilisi line; and Sukhumi to observe security agreements, and also 16. Welcomes constant review by the Mission of its calls upon them publicly to dissociate themselves from security arrangements in order to ensure the highest militant rhetoric and demonstrations of support for possible level of security for its staff; military options and for the activities of illegal armed 17. Decides to extend the mandate of the Mission for groups; a new period terminating on 31 July 2002, and to re- 10. Urges the parties to ensure the necessary revital- view the mandate unless the decision on the extension ization of the peace process in all its major aspects, to of the presence of the collective peacekeeping force is resume their work in the Coordinating Council and its taken by 15 February 2002, and in this respect notes relevant mechanisms, to build on the results of the that on 31 January 2002 the Georgian authorities third meeting on confidence-building measures be- agreed on the extension of the mandate of the collec- tween the Georgian and Abkhaz sides held in Yalta, tive peacekeeping force until the end of June 2002; Ukraine, on 15 and 16 March 2001, and to implement 18. Requests the Secretary-General to continue to the proposals agreed to on that occasion, in a purpose- keep the Council regularly informed and to report ful and cooperative manner; three months from the date of the adoption of this res- 11. Expresses its deep dismay at the lack of progress on olution on the situation in Abkhazia, Georgia; the question of refugees and internally displaced per- 19 . Decides to remain actively seized of the matter. sons, reaffirms the unacceptability of the demo- graphic changes resulting from the conflict, reaffirms also the inalienable right of all refugees and internally Report of Secretary-General (April). Report- displaced persons affected by the conflict to return to ing on 19 April [S/2002/469], the Secretary- their homes in secure and dignified conditions, in ac- General said that, with the 2001 paper “Basic cordance with international law and as set out in the Principles for the Distribution of Competences Quadripartite Agreement on the Voluntary Return of between Tbilisi and Sukhumi” [YUN 2001, p. 386] Refugees and Displaced Persons of 4 April 1994, re- and its transmittal letter, prepared by the Special calls that the Abkhaz side bears a particular responsi- bility to protect the returnees and to facilitate the re- Representative and fully supported by the Group turn of the remaining displaced population, and of Friends of the Secretary-General (France, Ger- welcomes the measures taken by the United Nations many, Russian Federation, United Kingdom, Development Programme, the Office of the United United States), the conceptual basis for com- Nations High Commissioner for Refugees and the Of- mencing negotiations existed. However, during fice for the Coordination of Humanitarian Affairs, of visits to Sukhumi, the Special Representative and the Secretariat, to improve the situation of refugees representatives of the Group of Friends failed to and internally displaced persons, to develop their skills and to increase their self-reliance, with full respect for get the Abkhaz side to agree to start negotiations. their inalienable right to return to their homes in se- Its leadership consistently refused to accept the cure and dignified conditions; paper, claiming that Abkhazia’s status had al- 12. Urges the parties to implement the recommen- ready been determined through its 1999 unilat- dations of the joint assessment mission to the Gali dis- eral proclamation of independence [YUN 1999,

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 387 p. 383] and that the prevailing political climate, members of the Group of Friends attempted to in particular the unresolved security issue in the visit Sukhumi, but the Abkhaz side was not ready upper Kodori Valley, was not conducive to dis- to receive them. Despite all efforts, it continued cussing substantive political aspects of the con- to reject any discussion of the paper. flict. Those efforts took place against the back- In the absence of a regular dialogue between ground of the meeting between United States the parties, tensions continued, with each accus- President George W. Bush and President Putin ing the other of harbouring terrorists and pro- (Moscow, 21-24 May). In a joint declaration on moting terrorist activities, including inflamma- new strategic relations and a joint statement on tory statements by political movements and anti-terrorism, the two Presidents expressed their parties in the media. Some statements on the readiness to cooperate in conflict settlement Georgian side even implied the possibility of a efforts in the South Caucasus, including in military option. Meanwhile, in Sukhumi, Abkhazia, Georgia, and reaffirmed their com- Abkhaz leader Vladislav Ardzinba had been mitment to preserve Georgia’s territorial integ- mostly absent from the political scene since the rity. The Secretary-General, during his visit to summer of 2001, reportedly for health reasons. Moscow (4-6 June), also discussed the Georgian- On 2 March, “parliamentary elections” were Abkhaz conflict with President Putin and For- held in Abkhazia, Georgia; they were declared il- eign Minister Ivanov. legitimate by Georgia, UNOMIG, OSCE, the Coun- Despite the failure to present the paper to the cil of Europe and the EU. The main Abkhaz op- two sides, both continued practical work within position party boycotted the elections, alleging the framework of the Coordinating Council’s irregularities and breaches of local election law. working groups and at ad hoc meetings. Communication. Georgia, in a 1 March letter The Secretary-General, stating his conviction [S/2002/220] to the Security Council President, that UNOMIG’s presence was essential for creat- stated that the holding of self-styled parliamen- ing the conditions for a political process towards tary “elections” in Abkhazia, Georgia, on 2 March, a settlement of the conflict and for advancing was illegal and called for the results to be de- that process, recommended that the UNOMIG clared null and void. It recalled that all such self- mandate be extended until 31 January 2003. styled referendums and “elections” had been Communication. On 22 July [S/2002/837], the considered unacceptable by the Security Coun- EU Presidency issued a statement expressing the cil, the Council of Europe, the EU, OSCE and the EU’s concern about the 10 July attack against the CIS Inter-Parliamentary Assembly, a position Liberty Institute Centre in Tbilisi, as well as which Georgia hoped they would reiterate. other incidents against NGOs and religious or- Report of Secretary-General (July). On 10 ganizations. The EU called on Georgia to ensure July [S/2002/742], the Secretary-General reported a rapid and thorough investigation into the inci- that, in continuing efforts to obtain acceptance by dent so as to bring those responsible to justice, both sides of the paper on the distribution of and invited the Georgian authorities to ensure constitutional competences, his Special Repre- the security of non-governmental and religious sentative held discussions with the Abkhaz lead- organizations and their staff. ership to obtain agreement to a joint meeting in which he, together with the Tbilisi-based Ambas- SECURITY COUNCIL ACTION sadors of the Group of Friends, would acquaint On 29 July, the Security Council unanimously the Abkhaz leadership with the substance of the adopted resolution 1427(2002).Thedraft[S/2002/ paper prior to actually handing it over. The 845] was prepared in consultations among Coun- Russian Federation, in its capacity as facilitator, cil members. played an active role in those efforts. Between 25 and 31May in Moscow, Russian Foreign Minister The Security Council, Igor Ivanov and President Vladimir Putin’s spe- Recalling all its relevant resolutions, in particular cial representative for the Georgian-Abkhaz con- resolution 1393(2002) of 31 January 2002, flict, Valery Loshchinin, met with Abkhaz de Having considered the report of the Secretary- facto “Prime Minister” Anri Jergenia and de General of 10 July 2002, facto “Foreign Minister” Sergei Shamba to im- Recalling the conclusions of the summits of the Or- press upon the Abkhaz side the need to move for- ganization for Security and Cooperation in Europe, held in Lisbon in December 1996and in Istanbul on 18 ward in the settlement process. On 12 June, and 19 November 1999, regarding the situation in Mr. Loshchinin travelled to Sukhumi for further Abkhazia, Georgia, consultations with the Abkhaz leadership, in- Recalling also the relevant principles contained in the cluding a meeting with Mr. Jergenia, held jointly Convention on the Safety of United Nations and Asso- with the Acting Special Representative. Other ciated Personnel of 9 December 1994,

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Recalling further its condemnation of the shooting January 2002 regarding the situation in the Kodori down of a helicopter of the United Nations Observer Valley, calls upon both sides, and in particular the Mission in Georgia on 8 October 2001, which resulted Georgian side, to continue to fully implement this pro- in the death of the nine people on board, and deplor- tocol, recognizes the legitimate security concerns of ing the fact that the perpetrators of that attack have still the civilian populations in the area, calls upon the pol- not been identified, itical leaders in Tbilisi and Sukhumi to observe Stressing that the continued lack of progress on key security agreements, and calls upon both sides to spare issues of a comprehensive settlement of the conflict in no effort to agree upon a mutually acceptable arrange- Abkhazia, Georgia, is unacceptable, ment for security of the population in, and in the vicin- Welcoming the important contributions made by the ity of, the Kodori Valley; Mission and the collective peacekeeping forces of the 10. Calls upon the Georgian side to continue to im- Commonwealth of Independent States in stabilizing prove security for joint patrols of the United Nations the situation in the zone of conflict, and stressing its Observer Mission in Georgia and the collective peace- attachment to the close cooperation existing between keeping force of the Commonwealth of Independent them in the performance of their respective mandates, States in the Kodori Valley to enable them to monitor Welcoming also the agreement on the extension of the the situation independently and regularly; mandate of the collective peacekeeping force for a new 11. Strongly urges the parties to ensure the necessary period terminating on 31 December 2002, revitalization of the peace process in all its major as- 1. Welcomes the report of the Secretary-General of pects, to resume their work in the Coordinating Coun- 10 July 2002; cil and its relevant mechanisms, to build on the results 2. Commends and strongly supports the sustained of the third meeting on confidence-building measures efforts of the Secretary-General and his Special Repre- between the Georgian and Abkhaz sides held in Yalta, sentative, with the assistance of the Russian Federation Ukraine, on 15 and 16 March 2001, and to implement in its capacity as facilitator, as well as of the Group of the proposals agreed to on that occasion in a purpose- Friends of the Secretary-General and the Organization ful and cooperative manner; for Security and Cooperation in Europe, to promote 12. Stresses the urgent need for progress on the the stabilization of the situation and the achievement question of refugees and internally displaced persons, of a comprehensive political settlement, which must calls upon both sides to display a genuine commitment include a settlement of the political status of Abkhazia to make returns the focus of special attention and to within the State of Georgia; undertake this task in close coordination with the Mis- 3. Recalls, in particular, its support for the docu- sion, reaffirms the unacceptability of the demo- ment on “Basic Principles for the Distribution of Com- graphic changes resulting from the conflict, reaffirms petences between Tbilisi and Sukhumi” and for its let- also the inalienable right of all refugees and internally ter of transmittal, finalized by, and with the full displaced persons affected by the conflict to return to support of, all members of the Group of Friends of the their homes in secure and dignified conditions, in ac- Secretary-General; cordance with international law and as set out in the 4. Regrets the lack of progress on the initiation of Quadripartite Agreement on the Voluntary Return of political status negotiations, and recalls once again Refugees and Displaced Persons of 4 April 1994 and that the purpose of those documents is to facilitate the Yalta Declaration, recalls that the Abkhaz side meaningful negotiations between the parties, under bears a particular responsibility to protect the return- the leadership of the United Nations, on the status of ees and to facilitate the return of the remaining dis- Abkhazia within the State of Georgia, and is not an at- placed population, and requests further measures to tempt to impose or dictate any specific solution to the be undertaken, inter alia, by the United Nations Devel- parties; opment Programme, the Office of the United Nations 5. Underlines the fact that the process of negotiation High Commissioner for Refugees and the Office for leading to a lasting political settlement acceptable to the Coordination of Humanitarian Affairs, of the Sec- both sides will require concessions from both sides; retariat, to create conditions conducive to the return of 6. Deeply regrets, in particular, the repeated refusal refugees and internally displaced persons, including of the Abkhaz side to agree to a discussion on the sub- through quick-impact projects, to develop their skills stance of that document, again strongly urges the and to increase their self-reliance, with full respect for Abkhaz side to receive the document and its letter of their inalienable right to return to their homes in se- transmittal, urges both parties thereafter to give them cure and dignified conditions; full and open consideration and to engage in construc- 13 . Once again urges the parties to implement the tive negotiations on their substance, and urges those recommendations of the joint assessment mission to having influence with the parties to promote this out- the Gali district, carried out under the aegis of the come; United Nations, welcomes the agreement of the par- 7. Calls upon the parties to spare no effort to over- ties in this regard to explore the possibility of enhanc- come their ongoing mutual mistrust; ing support for local law enforcement agencies, and 8. Condemns any violations of the provisions of the calls in particular upon the Abkhaz side to improve law Agreement on a Ceasefire and Separation of Forces enforcement involving the local population and to ad- signed in Moscow on 14 May 1994, and demands that dress the lack of instruction in their mother tongue for they cease immediately; the ethnic Georgian population; 9. Welcomes the decrease in tensions in the Kodori 14 . Calls upon both parties publicly to dissociate Valley and the intention reaffirmed by the parties to themselves from militant rhetoric and demonstrations resolve the situation peacefully, recalls its strong of support for military options and for the activities of support for the protocol signed by the two sides on 17 illegal armed groups, and reminds the Georgian side

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 389 in particular to uphold its commitment to put an end Communications. On 28 October [S/2002/1215], to the activities of illegal armed groups; the Russian Federation transmitted to the 15. Calls once again upon the parties to take all nec- Secretary-General the decision of the CIS Coun- essary steps to identify those responsible for the shoot- cil of Heads of State to extend the stay and man- ing down of a helicopter of the Mission on 8 October 2001 and to bring them to justice, and underlines the date of the CIS force in Abkhazia, Georgia, until fact that it is the primary responsibility of both sides to 31 December. provide appropriate security and to ensure the free- On 29 October [S/2002/1216], Georgia requested dom of movement of the Mission, the collective peace- the Security Council to convene an open meeting keeping force and other international personnel; on the situation in Georgia to allow candid and 16. Welcomes the constant review by the Mission of constructive discussion on the conflict settlement its security arrangements in order to ensure the high- process in Abkhazia, Georgia. est possible level of security for its staff; Having considered Georgia’s letter in informal 17. Decides to extend the mandate of the Mission for consultations, the Council decided to meet in a new period terminating on 31 January 2003; early December to consider the issue in conjunc- 18. Requests the Secretary-General to continue to keep the Security Council regularly informed and to tion with a briefing by Under-Secretary-General report three months from the date of the adoption of for Peacekeeping Operations Jean-Marie Gué- the present resolution on the situation in Abkhazia, henno on his November visit to the Caucasus re- Georgia; gion [S/2003/609]. In informal consultations on 19 . Decides to remain actively seized of the matter. 9 December [S/2003/77], the Council was briefed by the Under-Secretary-General on the outcome Report of Secretary-General (October). To of his visit to Georgia. The Secretary-General’s move the political process forward and overcome Special Representative for Georgia also briefed the continuing Abkhaz refusal to even discuss the the Council on recent developments in the peace paper on the distribution of competences, the process (see also below). Special Representative embarked on a round of Further report of Secretary-General. In a consultations in the capitals of the member States later report [S/2003/39], the Secretary-General of the Group of Friends, the Secretary-General stated that, in mid-November, the Under- reported on 14 October [S/2002/1141]. In August Secretary-General for Peacekeeping Operations and September, she visited Moscow, Washing- and the Special Representative, in visits to Tbilisi ton, D.C., and Berlin, Germany, and also held and Sukhumi for talks with the leadership of the consultations at United Nations Headquarters in two parties, emphasized, especially to the Abkhaz New York. Also, the Russian Federation, in con- side, that the framework set out in the paper on sultation with the Special Representative and the the division of competences—territorial integrity Group of Friends, offered to facilitate a meeting for Georgia, wide autonomy for Abkhazia and in- in Moscow on 5 October with Abkhaz de facto ternational guarantees—provided enough room “Prime Minister” Jergenia to acquaint him with, to explore how the legitimate interest of both but not to hand over, the substance and rationale sides could be accommodated in a final settle- of the paper on competences and to give him the ment. The Russian Federation, on 14November, opportunity to explain his views on the settle- made another attempt to arrange a meeting in ment of the conflict. The meeting was not held Moscow of representatives of the Group of because Mr. Jergenia rejected a discussion of Friends and the United Nations with the Abkhaz the paper and the Special Representative’s side to exchange views on the settlement of the participation. Georgian-Abkhaz conflict and the principles un- The Secretary-General observed that, in the derlying the paper on competences. However, absence of a substantive negotiation process on because of differing views on the modalities of the core issue of the conflict—the status of the discussion, the meeting did not take place. Abkhazia within the State of Georgia—upsurges Georgia’s President, Eduard Shevardnadze, pro- in tension continued to occur with alarming fre- posed, in his 11 October address to the Georgian quency, while the population suffered from Parliament, the holding of an international con- crime, partisan violence and the lack of economic ference on Abkhazia, to be chaired jointly by the development. To reduce those tensions, the United States and the Russian Federation, with Abkhaz side needed to reconsider its refusal to the participation of Turkey and Ukraine. discuss the paper on competences and its trans- Despite those efforts, it was not possible to mittal letter, which was only the starting point for overcome the refusal to engage in substantive dis- negotiations in which the legitimate interests of cussions on the paper on competences by the Abkhazia’s multi-ethnic population could be ad- Abkhaz side, which continued to assert its 1999 dressed, while the Georgian side needed to make unilateral declaration of independence and cited more efforts to promote trust and confidence. the armed Georgian presence in the Kodori Val-

YUN02—3rd page proofs May 24 2004 390 Political and security questions ley as a reason for not entering into negotiations. agreement with them on a two-day (25-26 March) The Georgian side, for its part, had been upset by joint UNOMIG/CIS patrol to the upper Kodori a campaign by the Abkhaz to acquire Russian citi- Valley and on holding a meeting of the Coordi- zenship and to promote closer ties to the Russian nating Council’s Working Group I (on security Federation, as exemplified by the reopening of issues) on 29 March, at which the two sides provi- the railroad between Sukhumi and Sochi on 25 sionally agreed on an additional protocol, signed December. on 2 April. That additional protocol set a 10 April The Special Representative completed her deadline for the complete withdrawal of the round of consultations in the capitals by visiting Georgian regular forces from the upper Kodori London and Paris, while the Under-Secretary- Valley and the resumption of regular patrols General for Peacekeeping Operations stayed in there by UNOMIG and the CIS peacekeeping close contact with the special envoys of the Group force; it also reaffirmed the Abkhaz commitment of Friends, including during his mid-November to provide security guarantees for the local visit to Moscow, where he met with President civilian population. The first joint UNOMIG/CIS Putin’s special representative for the Georgian- patrol under the 2 April protocol took place on Abkhaz conflict. To follow up on those discus- 8 and 9 April, when UNOMIG received indications sions, the Secretary-General planned to convene that the Georgian side was in the process of with- in the near future an informal high-level meeting drawing its regular troops. of the Group of Friends to discuss possible ways Renewed tension surfaced on 12 April, when forward in the peace process. He met with the the CIS peacekeeping force, without notifying Special Representative on 10 December in New UNOMIG, deployed 78 troops and heavy equip- York and discussed developments relevant to the ment to Ajara in the upper Kodori Valley, draw- UNOMIG mandate with her. ing a sharp reaction from the Georgian authori- UNOMIG continued to promote dialogue be- ties. The Special Representative and the Chief tween the sides within the framework of the Co- Military Observer, in contacts with Russian offi- ordinating Council. On 14 November, Working cials, urged the CIS peacekeeping force to with- Group III (on socio-economic issues) of the draw from Ajara and advised that such opera- Council met in Sukhumi under the chairman- tions should be conducted only by a mutually ship of the UNDP Resident Representative, with acceptable agreement. President Shevardnadze the assistance of the Georgian-Abkhaz Bilateral visited the upper Kodori Valley to reassure the Coordination Commission, to discuss the rein- local population and demanded the immediate forcement of the Inguri River banks, restoration withdrawal of the CIS troops, failing which he and protection of Abkhaz cultural monuments threatened to seek their complete withdrawal and the issue of the language of instruction in the from Georgia, as the Georgian Parliament had Gali district schools. However, it was not possible requested on 11 October 2001. Following discus- to convene the Coordinating Council itself, sions between Presidents Shevardnadze and which had not met since January 2001. Putin on 13 April, the CIS peacekeeping force be- On 29 November, Mr. Jergenia was replaced gan withdrawing that same day, completing with- by Gennadi Gagulia as the Abkhaz de facto drawal on 14 April. CIS commanders reported “Prime Minister”. Mr. Gagulia had served pre- that, in Ajara, their troops had been encircled by viously in that capacity between 1995 and 1998, armed individuals equipped with heavy mortars, and was the Chair of the Abkhaz Chamber of among them regular Georgian troops and armed Commerce and Industry. irregulars; Georgia denied any presence of its regular troops. On 18 April [S/2002/443], Georgia reported that, Situation on the ground despite the withdrawal of Russian Special Forces from the upper Kodori Valley, attempts to desta- Kodori Valley bilize the situation in the conflict zone continued. Following the 17 January agreement between Georgia denied accusations by the Russian Fed- the Abkhaz and Georgian sides on the protocol eration and the Abkhaz side that it had breached relating to the security situation in the Kodori the existing agreements, saying that the Abkhaz Valley (see p. 385), the Chief Military Observer, side, under the pretext of those false accusations, together with Georgia’s Minister for Defence, was concentrating armed military units and General David Tevzadze, visited the upper equipment along the adjacent territories of the Kodori Valley. On 11, 22 and 28 February, the two Kodori Valley and the Tkvarchli region, includ- sides met under UNOMIG’s chairmanship to ing near the villages of Merkheuli and Tsebeldi. discuss the implementation of the protocol. On On 25 April, in Sukhumi, Georgia’s State Min- 12 March, the Special Representative reached ister, Avtandil Jorbenadze, and Abkhaz de facto

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“Prime Minister” Jergenia, under the auspices of seen near the Marukhi Pass on the Russian- the Special Representative, considered measures Georgian border, which was connected to the to further stabilize the situation in the Kodori upper Kodori Valley by the approximately 40- Valley. They also discussed the legality,under the kilometre-long Chkhalta Valley. On the same day, 1994 Moscow Agreement, of the presence of the Abkhaz side informed UNOMIG that several Georgian border guards, the format of patrolling Georgian helicopters had landed troops close to and the establishment of a permanent UNOMIG/ the Pass and threatened military action if they CIS peacekeeping force presence in the upper were not withdrawn immediately. On 31 July, Valley, but did not reach a mutually agreeable Georgian officials reported to a UNOMIG/CIS conclusion. Those consultations continued on patrol that a Russian helicopter carrying troops 8 May in Sukhumi in the Coordinating Council’s had landed south of the Marukhi Pass. In their Working Group I. While differences on the main visit to the area later that day, the Georgian De- issues remained, the two sides agreed on contin- fence Minister and the Chief of the National ued joint UNOMIG/CIS patrolling and to resolve Guard found that the Russian helicopter had the outstanding issues only through peaceful flown into the area mistakenly. On the same day, means. In a further meeting on 20 May in Gali however, UNOMIG received a letter from the city, the two representatives reaffirmed their in- Abkhaz side expressing its strong concerns about tention to resolve the situation in the Kodori Val- Georgian landings in the Marukhi Pass area and ley peacefully, but were again unable to agree on indicating its intention to establish several check- whether the presence of Georgian border guards points there to prevent infiltration by “interna- in the upper Kodori Valley constituted a viola- tional terrorists” and “illegal actions” by the tion of the Moscow Agreement. Georgian side. As tensions mounted, UNOMIG Georgian authorities officially informed worked with the parties to prevent a resort to UNOMIG in late April that the Georgian presence force. Following a 4 August meeting arranged by in the upper Kodori Valley consisted of 370 UNOMIG between State Minister Jorbenadze and border guards, 540 local National Guard reserv- Abkhaz de facto “Prime Minister” Jergenia on ists and 17 members of a coordinating group of the Inguri River bridge and a follow-up meeting the Ministry of Defence. of their respective Chiefs of General Staff on By July,however, the tensions caused by the sit- 6 August, the parties agreed to withdraw their uation in the Kodori Valley had decreased, partly units from the Marukhi Pass area and to inspect due to the joint UNOMIG/CIS patrols and the dia- it jointly as soon as possible, with a request that logue between the sides in Working Group I and UNOMIG participate in the inspection and con- other forums. Due to serious security concerns, sider establishing a permanent post in the upper the joint patrols were arranged in advance with Kodori Valley. the Georgian authorities and representatives of Tensions continued in the following days as the the local population and took place on predeter- Georgian side accused the Abkhaz side of mov- mined routes, accompanied by Georgian and ing its forces to Georgian-controlled territory local Svan security escort. Independent verifica- near the Marukhi Pass and of firing on a border tion of the military situation in the Valley was guard helicopter. On 13 August, another high- thus not possible. The patrols were nevertheless a level meeting between the two sides was con- valuable confidence-building measure and a step vened, but was suspended following reports of an towards eventual independent monitoring, once outbreak of fighting near the Pass. The Georgian the security situation allowed. delegation that flew to the area to clarify the situ- Following the gradual stabilization of the situ- ation reported that Abkhaz armed units had ation in and around the Kodori Valley, a joint moved forward from their positions into the UNOMIG/CIS patrol (16-18 July) assessed the situ- Chkhalta Valley and that Georgian forces had ation as calm but unstable; the mortars and am- opened fire. On 14 August, the Defence Minis- munition observed in the Georgian-controlled ters of the two sides agreed again to withdraw upper Valley by earlier patrols had still not been their forces from their positions in the Marukhi removed. On 20 July, Working Group I discussed Pass area, jointly to remove newly laid mines measures to further stabilize the situation in the there, and to request UNOMIG and the CIS peace- Valley; the Georgian side stated that it had re- keeping force to monitor the withdrawal and duced the number of border guards and under- mine clearing. took again to remove the military equipment A joint UNOMIG/CIS patrol to the Kodori from the Valley. Valley (31 August–2 September) found that the However, on 30 July, the situation took a turn Abkhaz side was repairing the road in the lower for the worse when the Georgian authorities in- part of the Valley, that the CIS checkpoints there formed UNOMIG that Abkhaz troops had been had increased their protective measures and that

YUN02—3rd page proofs May 24 2004 392 Political and security questions the Georgian mortars and ammunition in the up- sons blocked the major ceasefire line crossing per Valley had still not been removed. Those mu- points. UNOMIG continued to give high priority nitions were finally removed between 3 and 8 Oc- to the security of its personnel. It maintained tober under patrol observation. limited daytime land patrols and suspended heli- With the onset of winter, the situation in the copter patrols in the sectors, except for necessary Kodori Valley stabilized, although tension re- administrative flights through a designated route mained. The Abkhaz side continued to maintain over the Black Sea. that, under the 1994 Moscow Agreement, no The Joint Fact-finding Group, which brought armed personnel were allowed in the Valley, together UNOMIG, the CIS peacekeeping force whereas the Georgian side argued that only regu- and the two sides to investigate violations of the lar military forces were prohibited, but that Moscow Agreement and other violent incidents armed border guards and local National Guard in the zone of conflict, continued its work. The reservists could be present. Between October and parties demonstrated a greater willingness to mid-December, eight UNOMIG/CIS joint patrols participate. Four cases had been concluded since in the Kodori Valley reported no change in the January and six investigations were ongoing. armed presence there. UNOMIG patrols contin- By July, UNOMIG patrols observed a decrease in ued to rely on written guarantees for safe passage the level of tension in the Gali sector. Returnees and security escorts from both the Georgian and had begun preparing the fields for the next Abkhaz sides. On 8 November, an escorting harvest and criminal activities had decreased Abkhaz officer denied a patrol access to a village slightly. However, two bombs exploded on 20 in the lower Kodori Valley. UNOMIG raised the June in Ochamchira and another two eight days issue with the relevant Abkhaz authorities, who later in Tsarche, near the main road between cited security concerns for the denial. UNOMIG Ochamchira and Gali city. In addition, 2 killings, intended to ask for access to the area again on fu- 1 abduction and 12 robberies were reported in ture patrols. May and June, most of them committed in the lower Gali district. Criminal activities across the Gali and Zugdidi sectors ceasefire line remained a problem. In the Gali and Zugdidi sectors, UNOMIG con- In the Zugdidi sector, the action group of in- tinued its regular daily patrolling, in addition to ternally displaced persons, which had staged pro- responding to complaints about the possible test blockades at the major ceasefire line crossing presence of illegal armed groups in Gali, points in January and February,reiterated that, if Gumurishi, Tqvarcheli and Akarmara. In the conditions for returns did not improve, it would Gali sector, criminal and paramilitary activity resume its protests. On 23 June, a demonstration continued to be the main security concern. On 14 of 700 people, organized by the action group, March, the CIS peacekeeping force apprehended took place in the centre of Zugdidi. two Georgians after an exchange of fire near Two particularly violent shooting incidents oc- Primorsk and handed them over to the local curred in the lower Gali area: during the night of Abkhaz authorities. That led to the retaliatory 31 August/1 September at Khumuskhuri (about abduction on 18 March of four CIS peacekeepers, 15 kilometres south-west of Gali city) and on 25 who were later exchanged for the two detained September, when three Abkhaz officials were Georgians. On 6 April, two CIS checkpoints came killed in an ambush near the main bridge across under fire and a truck was ambushed. In early the Inguri River. A number of shootings at March, an armed robbery of a UNOMIG patrol Abkhaz and CIS positions also took place. served as a reminder of the lack of effective law At its 20 July meeting, the Coordinating Coun- enforcement in the lower Gali region. In re- cil’s Working Group II requested UNOMIG to dis- sponse to three attempted break-ins of houses oc- patch a security assessment team to the Gali and cupied by UNOMIG personnel, the local authori- Zugdidi districts, as a follow-up to the recom- ties agreed to patrol UNOMIG lodgings at night. mendations of the 2000 joint assessment mission In the Zugdidi sector, UNOMIG patrols were oc- [YUN 2000, p. 397], to provide options and make rec- casionally confronted with demonstrations by in- ommendations for improving the effectiveness of ternally displaced persons critical of the per- law enforcement personnel and agencies, and ceived incapacity of Georgian central authorities, their cooperation with the judiciary, with the aim the CIS peacekeeping force and international or- of creating a safer and more secure environment ganizations to achieve progress in creating condi- for returnees. Working Group II also agreed that tions conducive to the return of refugees and in- the problems of the returnee population would ternally displaced persons. UNOMIG freedom of become a topic for the weekly quadripartite movement was restricted for three weeks in Janu- meetings. In the Zugdidi sector, demonstrations ary and February, when internally displaced per- by internally displaced persons, including a

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 393 blockade of the main bridge over the Inguri protest blockades in January and February, River from 22 August to 5 September, reflected which hindered movement across the ceasefire the desperation of the refugees after 10 years of line. The Office for the Coordination of Human- hostilities. itarian Affairs continued, from its main office In late October, UNOMIG’s Board of Inquiry fi- in Tbilisi and its sub-offices in Sukhumi and nalized its investigation into the 2001 shooting Tskhinvali, to monitor the overall humanitarian down of a UNOMIG helicopter [YUN 2001, p. 383]. situation and facilitate the response of interna- While UNOMIG had instituted additional safe- tional and national aid agencies, including by guards for helicopter flights, helicopter patrol- disseminating information and analysis. ling remained suspended and only administra- UNHCR continued its small-scale humanita- tive flights were carried out along flight routes rian operation in Abkhazia, Georgia. The reha- over the Black Sea. On 28 September, a Georgian bilitation work in 24 schools (22 in the Gali region request for access to the crash site in connection and 2 in the Ochamchira region) had been com- with its criminal investigation of the incident was pleted in most of the sites on a “self-help” basis. declined by the Abkhaz side. In mid-November, In cooperation with local authorities, UNHCR the Russian Federation indicated that it had had begun to identify and assess other schools in videotaped evidence relating to the shooting need of basic rehabilitation in Gali and beyond. down of the helicopter, which it would make In a follow-up to the recommendations of the available to the United Nations. joint assessment mission to the Gali district (see While the situation in the Kodori Valley had p. 392), the two sides continued to discuss, includ- stabilized somewhat with the onset of winter (see ing in the Coordinating Council’s Working Group p. 392), the situation in the Gali sector was III (on social and economic issues), the use of marked by violent incidents in Gali city and in Georgian as the language of education in the Gali lower Gali. The number of robberies, kid- region. They did not reach final conclusions but nappings and killings increased during Novem- agreed to continue their consultations. In addi- ber and December. The Abkhaz militia con- tion, the Special Representative consulted with ducted search-and-arrest operations in the Gali the two sides on possible ways to strengthen law security zone on 5 November and between 25 enforcement in the conflict zone. Both sides and 27 December. UNOMIG used its good offices agreed to cooperate with a small expert team to to defuse the tensions and alleviate the fears of be organized by UNOMIG to assess specific needs. the local population created by those operations. The first phase of the telecommunications re- The preliminary findings of the security as- habilitation programme, financed by Germany sessment undertaken in the Gali and Zugdidi sec- and implemented by UNDP under the auspices tors, as requested by Working Group II in July, of Working Group III, was completed, including identified specific gaps in the organization, the re-establishment of the reception of Geor- training and equipment of the local law enforce- gian television channels in the upper Kodori ment organs. That, together with the absence of a Valley. On 8 April, Working Group III, meeting political agreement on the return of refugees, for the first time in 18 months in Sukhumi, at the constituted a deterrent for persons wishing to ex- ministerial level, agreed on, among other things, ercise their right of return and aggravated the al- cooperation in the removal of radioactive waste ready difficult situation of those who had already from Sukhumi and in the supply of medicines for returned to the Gali area. Enhancement of the the treatment of oncological diseases. rule of law and the administration of justice to On 25 June, Working Group III met in Tbilisi provide a safe and secure environment for re- under the chairmanship of the UNDP Resident turnees and internally displaced persons was ur- Representative to discuss cooperation to improve gently needed. UNOMIG would study the find- health care in Abkhazia, Georgia, including the ings and recommendations of the assessment Gali region, electricity infrastructure in Sukh- mission upon completion of its full report and umi and Zugdidi and the implementation of the wouldfollowupinconsultationwiththetwosides. second phase of the UNDP telecommunications project funded by Germany. Humanitarian situation and human rights The human rights situation in Abkhazia, International humanitarian agencies and Georgia, showed little signs of improvement. NGOs continued programmes to meet the acute Law enforcement mechanisms remained too needs of the most vulnerable persons in Ab- weak to administer justice properly and halt vio- khazia, Georgia, but their operations were ham- lations of basic human rights, particularly in the pered by restrictions on border crossings between security zone. In that context, the undefined and the Russian Federation and Abkhazia at the Psou insecure status of spontaneous returnees to the River. Those difficulties were compounded by Gali district was of major concern. The ethnic

YUN02—3rd page proofs May 24 2004 394 Political and security questions

Georgian population there continued to be de- server Mission in Georgia and the related reports of nied the right to education in its native tongue, al- the Advisory Committee on Administrative and Bud- though elective courses in the Georgian language getary Questions, Recalling Security Council resolution 854(1993) of had recently been initiated in one of the Gali 6 August 1993, by which the Council approved the de- schools. The heads of the education departments ployment of an advance team of up to ten United of the two sides, in meetings on 11 March and Nations military observers for a period of three 8 April to try to overcome those obstacles, agreed months and the incorporation of the advance team to hold a follow-up meeting on the matter. The into a United Nations observer mission if such a mis- United Nations Human Rights Office in sion was formally established by the Council, Abkhazia, Georgia, continued to advise the local Recalling also Security Council resolution 858(1993) population, monitor selected court trials and of 24 August 1993, by which the Council decided to es- tablish the United Nations Observer Mission in visit places of pre-trial detention. It also assisted Georgia, and the subsequent resolutions by which the with building the capacity of local NGOs and rais- Council extended the mandate of the Observer Mis- ing human rights awareness among the local sion, the latest of which was resolution 1393(2002) of population. In the absence of the consent of the 31 January 2002, two sides for the establishment of a human rights Recalling further its decision 48/475 A of 23 Decem- branch office in Gali town, the staff members of ber 1993 on the financing of the Observer Mission the main office visited the Gali district regularly and its subsequent resolutions and decisions thereon, the latest of which was resolution 55/267 of 14 June to cover the most basic needs there. 2001, The European Community Humanitarian Of- Reaffirming the general principles underlying the fi- fice (ECHO) announced that it would provide nancing of United Nations peacekeeping operations, 1.3 million euros to support humanitarian pro- as stated in General Assembly resolutions 1874(S-IV) gramming on both sides of the ceasefire line. It of 27 June 1963, 3101(XXVIII) of 11 December 1973 would target the elderly and most destitute and and 55/235 of 23 December 2000, would be used for dry food distributions, food can- Mindful of the fact that it is essential to provide the Observer Mission with the necessary financial re- teens and income-generating activities. Two NGOs sources to enable it to fulfil its responsibilities under resumed humanitarian activities in Abkhazia, the relevant resolutions of the Security Council, Georgia, as a result of increased funding from 1. Takes note of the status of contributions to the ECHO and Switzerland. In December, the United United Nations Observer Mission in Georgia as at 30 Nations Development Fund for Women opened April 2002, including the contributions outstanding in an office in Sukhumi to support its regional proj- the amount of 11.3 million United States dollars, rep- ect entitled “Women for conflict prevention, con- resenting some 7 per cent of the total assessed contri- flict resolution and peace-building in the South- butions, notes with concern that only twenty-three Member States have paid their assessed contributions ern Caucasus”. The Academy for Educational in full, and urges all other Member States, in particu- Development, an American NGO,alsoopenedan lar those in arrears, to ensure payment of their out- office in Sukhumi to support its young leaders standing assessed contributions; programme for Georgian and Abkhaz youth. 2. Expresses its appreciation to those Member States which have paid their assessed contributions in full Financing and on time, and urges all other Member States to make every possible effort to ensure payment of their The Secretary-General submitted to the Gen- assessed contributions to the Observer Mission in full eral Assembly the UNOMIG financial perform- and on time; ance reports for the periods 1 July 2000 to 30 3. Expresses concern at the delay experienced by the June 2001 [A/56/721] and 1 July 2001 to 30 June Secretary-General in deploying and providing ade- 2002 [A/57/676], the proposed budget for the Mis- quate resources to some recent peacekeeping missions, sion’s maintenance from 1 July 2002 to 30 June in particular those in Africa; 2003 [A/56/815] and the related ACABQ reports 4. Emphasizes that all future and existing peace- keeping missions shall be given equal and non- [A/56/887 & Add.1]. discriminatory treatment in respect of financial and administrative arrangements; GENERAL ASSEMBLY ACTION 5. Also emphasizes that all peacekeeping missions On 27 June [meeting 105], the General Assembly, shall be provided with adequate resources for the on the recommendation of the Fifth Committee effective and efficient discharge of their respective [A/56/976], adopted resolution 56/503 without mandates; vote [agenda item 150]. 6. Reiterates its request to the Secretary-General to make the fullest possible use of facilities and equip- Financing of the United Nations ment at the United Nations Logistics Base at Brindisi, Observer Mission in Georgia Italy, in order to minimize the costs of procurement for The General Assembly, the Observer Mission; Having considered the reports of the Secretary- 7. Endorses the conclusions and recommendations General on the financing of the United Nations Ob- contained in the report of the Advisory Committee on

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Administrative and Budgetary Questions, and re- out in resolution 55/235, as adjusted by the General quests the Secretary-General to ensure their full im- Assembly in its resolution 55/236, and taking into ac- plementation; count the scale of assessments for the year 2001, as set 8. Requests the Secretary-General to take all neces- out in its resolution 55/5 B; sary action to ensure that the Observer Mission is ad- 15. Decides also that for Member States that have not ministered with a maximum of efficiency and econ- fulfilled their financial obligations to the Observer omy, with particular regard to air transport; Mission, their respective share of the unencumbered 9. Also requests the Secretary-General, in order to re- balance of 4,047,197 dollars and other income of duce the cost of employing General Service staff, to 1,719,000 dollars in respect of the financial period continue efforts to recruit local staff for the Observer ended 30 June 2001 shall be set off against their out- Mission against General Service posts, commensurate standing obligations in accordance with the scheme set with the requirements of the Mission; out in paragraph 14 above; Financial performance report for 16. Decides further that the decrease in the staff as- the period from 1 July 2000 to 30 June 2001 sessment income of 498 dollars shall be set off against 10. Takes note of the report of the Secretary-General the credits from the unencumbered balance in respect on the financial performance of the Observer Mission of the financial period ended 30 June 2001 referred to for the period from 1 July 2000 to 30 June 2001; in paragraphs 14 and 15 above; Budget estimates for 17. Emphasizes that no peacekeeping mission shall the period from 1 July 2002 to 30 June 2003 be financed by borrowing funds from other active 11. Decides to appropriate to the Special Account peacekeeping missions; for the United Nations Observer Mission in Geor- 18. Encourages the Secretary-General to continue gia the amount of 33,143,700 dollars for the period to take additional measures to ensure the safety and from 1 July 2002 to 30 June 2003, inclusive of security of all personnel under the auspices of the 31,705,800 dollars for the maintenance of the Observer United Nations participating in the Observer Mis- Mission, 1,284,100 dollars for the support account for sion; peacekeeping operations and 153,800 dollars for the 19 . Invites voluntary contributions to the Observer United Nations Logistics Base; Mission in cash and in the form of services and Financing of the appropriation supplies acceptable to the Secretary-General, to be ad- 12. Decides also to apportion among Member States ministered, as appropriate, in accordance with the pro- the amount of 33,143,700 dollars at a monthly rate of cedure and practices established by the General As- 2,761,975 dollars in accordance with the levels set out sembly; in resolution 55/235, as adjusted by the General As- 20. Decides to include in the provisional agenda of sembly in its resolution 55/236 of 23 December 2000, its fifty-seventh session the item entitled “Financing of and taking into account the scale of assessments for the the United Nations Observer Mission in Georgia”. years 2002 and 2003 as set out in its resolution 55/5 B of the same date; On 18 December [A/57/677], the Secretary- 13 . Decides further that, in accordance with the pro- General submitted the budget for the mainte- visions of its resolution 973(X) of 15 December 1955, nance of UNOMIG from 1 July 2003 to 30 June there shall be set off against the apportionment among 2004. Member States, as provided for in paragraph 12 above, their respective share in the Tax Equalization Fund of On 20 December, the Assembly decided that 1,966,700 dollars approved for the Observer Mission the item on UNOMIG financing would remain for for the period from 1 July 2002 to 30 June 2003 at a consideration at its resumed fifty-seventh (2003) monthly rate of 163,891 dollars, comprising the esti- session (decision 57/585) and that the item mated staff assessment income of 1,778,100 dollars for would be considered by the Fifth Committee at the period from 1 July 2002 to 30 June 2003, the pro- rated share of 174,900 dollars of the estimated staff as- that session (decision 57/556). sessment income approved for the support account for the period from 1 July 2002 to 30 June 2003 and the in- crease in staff assessment income of that account for Georgia–Russian Federation relations the period from 1 July 2000 to 30 June 2001, and the Communications. On 8 March [S/2002/250], prorated share of 13,700 dollars of the estimated staff Georgia said that, in the context of its support for assessment income approved for the United Nations Logistics Base for the period from 1 July 2002 to 30 the international anti-terrorism coalition, it had June 2003 and the reduction in staff assessment in- taken measures to eliminate the possible use of its come of that account for the period from 1 July 2000 to territory by international terrorist structures. 30 June 2001; However, its training of Georgian anti-terrorist 14 . Decides that for Member States that have ful- units, with the help of friendly States, especially filled their financial obligations to the Observer Mis- the United States, was misunderstood by certain sion, there shall be set off against the apportionment, Russian political forces, as confirmed by the as provided for in paragraph 12 above, their respective share of the unencumbered balance of 4,047,197 dol- Russian State Duma’s (Parliament) 6 March lars and their respective share of other income of statement to the effect that the United States 1,719,000 dollars in respect of the financial period military presence on Georgian territory created ended 30 June 2001, in accordance with the levels set threats to the security, not only of the Russian

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Federation, but also of the self-declared “repub- and on strikes against reliably identified terrorist lics of Abkhazia and South Ossetia”. bases during pursuit operations. He hoped to be On 30 July [S/2002/851], Georgia expressed con- able to develop joint measures to combat terror- cern over the violation of its airspace and the ism at the October meeting with Georgia’s Pres- bombardment on 29 July of the northern part of ident. the village of Girevi in Akhmeta district by a Georgia, on 13 September [A/57/409-S/2002/ Russian helicopter and air strikes conducted on 1035], expressed surprise at President Putin’s the following day in the northern part of the statement since the Russian Federation had been Pankisi Gorge near Mount Nakerala by two un- informed of all Georgian military and law identified aircraft entering from the Russian enforcement arrangements to improve the situa- Federation. Georgia called those incidents ag- tion in the Pankisi Gorge and on the Chechen gressive acts and demanded their immediate sus- segment of the Georgian-Russian border. It was pension and a joint investigation. ready to receive an OSCE group of international The Russian Federation, on 31 July [A/57/269- experts and Russian Federation representatives S/2002/854], explained that Chechen fighters and for the purpose of familiarizing themselves with international terrorists attempted to penetrate its the actual situation in those areas. While it re- territory from their bases in Georgia’s Pankisi spected the Russian Federation’s territorial in- Gorge. Contrary to its assurances to the interna- tegrity and right to protect its citizens, President tional community to restore order there, Geor- Putin’s assignments to Russian law enforcement gian authorities were unwilling to take measures agencies could be regarded only as a threat of ag- to halt terrorism and were not cooperating with gression. Georgia did not accept Russia’s inter- the Russian Federation in anti-terrorist opera- pretation of Article 51 of the Charter to justify tions, while accusing it of aggressive acts against such aggressive intentions. It appealed to the Georgia. The Russian Federation said the re- United Nations, OSCE and the world community sponsibility for the consequences of the armed to take measures against such a development in incursion by bandits into its territory lay fully the Caucasus region. Georgia echoed those and with Georgia, and it was obliged to take effective similar views in identical letters of 15 September measures to destroy the terrorist bases in the to the Secretary-General and the Security Coun- Pankisi Gorge. cil President [A/57/408-S/2002/1033]. Responding on 23 August [A/57/341-S/2002/950], On 19 August [S/2002/944], Georgia questioned Georgia informed the Secretary-General that, on whether the opinions of Vasily Kolotusha, the that date, Russian military aircraft had invaded Russian Federation’s Ambassador for Special As- Georgian airspace and bombed the villages of signments—as expressed to Novosti (the Russian Patara Borbalo, Ukana Pshavi, Tbatan and Information Agency) in a 12 August interview— Bukhrebi and the area of the River Ilto Gorge, were his own, or whether they reflected a revision killing three Georgian citizens and wounding of the Russian Federation’s fundamental ap- seven, including two children. Georgia accused proaches to the settlement of the conflict in the Russian Federation of aggression and mur- Abkhazia, Georgia, given their inconsistencies der under the pretext of fighting terrorists. with President Putin’s positions on the matter. In an 11 September statement [S/2002/1012], On 19 September [S/2002/1051], Georgia pro- Russian Federation President Vladimir Putin tested the use by Russian Foreign Ministry offi- warned that if Georgia was unable to establish a cials of the title “Prime Minister” in referring to security zone in the border area, continued to Abkhaz leader Jergenia. By so doing, the Russian ignore Security Council resolution 1373(2001) Federation was attempting to legitimize the [YUN 2001, p. 61] on measures to eliminate interna- Abkhaz separatist regime. The purposeful steps tional terrorism and did not put an end to the at- it was taking in Abkhazia, Georgia, constituted a tacks on areas adjoining his country, the Russian continuation of its protectionist policy, as mani- Federation would reserve the right to act in ac- fested by the unilateral introduction of a visa-free cordance with Article 51 of the Charter of the regime for the Abkhaz population, the granting United Nations relating to individual and collec- of Russian citizenship to the Abkhaz en masse, tive self-defence. He had asked Russian security the further intensification of contracts by the authorities to report on the implementation of Russian State authorities with the Sukhumi re- his earlier instructions to strengthen the coun- gime and attaching priority to guaranteeing try’s southern borders and to propose further security for it. Furthermore, on the matter of the protective measures for the State border. Propo- Kodori Valley (see p. 390), the Russian Federa- sals were also to be announced on special opera- tion was relying solely on data from Abkhaz tions to eliminate bandit units if the terrorists re- sources and continued its groundless allegations peated their attempts to enter Russian territory, that armed bandits were present in the Valley.

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as documents issued by the EU and the Organiza- Armenia and Azerbaijan tion of the Islamic Conference, to support its contention. Azerbaijan also transmitted a decla- ration by the EU Presidency confirming EU In 2002, there was no change in the positions support for Azerbaijan’s territorial integrity and of Armenia and Azerbaijan with regard to the non-recognition of Nagorny Karabakh’s inde- armed conflict between them, which had pendence. erupted in 1992 [YUN 1992, p. 388] over the Nagorny On 7 December [A/57/638-S/2002/1344], Azer- Karabakh region in Azerbaijan. The Minsk baijan’s Minister for Foreign Affairs, speaking Group of OSCE (France, Russian Federation, before the OSCE Ministerial Council (Porto, Por- United States) continued its efforts to mediate tugal, 7 December), said that the ongoing armed the conflict. Both sides addressed communica- conflict between Armenia and Azerbaijan threat- tions to the United Nations during the year re- ened not only Azerbaijan’s security but that of garding their concerns and developments in the the region and Europe. The deteriorating situa- conflict. Nagorny Karabakh’s communications tion urged principled approaches and called for were transmitted by Armenia. immediate action by the international com- Communications. On 28 February [S/2002/236], munity, including the Security Council. The Azerbaijan transmitted to the Secretary-General early settlement of the conflict should be the the text of an appeal by the Khojaly refugees, major OSCE priority. adopted at the 20 February meeting of the refu- Although, since 1992, the Minsk process had not gees of the Khojaly district, which commemo- yielded tangible results, Azerbaijan remained rated the tenth anniversary of the 25/26 Febru- committed to the peaceful settlement of the con- ary 1992 Khojaly genocide. According to Khojaly flict on the basis of the commonly recognized refugees, Armenian armed units attacked the norms and principles of international law, the town of Khojaly, killing 613 persons, taking 1,275 relevant Council resolutions and the appropriate hostages and leaving 150 unaccounted for. The OSCE documents and decisions. However, Arme- people of Khojaly, living as refugees for the past nia should have no illusions; Azerbaijan would 10 years, appealed to all peace-loving peoples restore its territorial integrity by all means pro- and international organizations not to remain in- vided for by the Charter and international law. different to their suffering. They were certain that the world community would condemn Ar- menia’s military aggression against Azerbaijan Cyprus and assist in ensuring its territorial integrity, in bringing about the return of more than a million refugees to their homes, and in achieving a peaceful settlement of the Armenia-Azerbaijan The year 2002 began with high hopes for a set- conflict. tlement of the Cyprus question, which was first In a 25 March memorandum [S/2002/306] to the considered by the Security Council in December Security Council President, Armenia denied re- 19 63 [YUN 1963, p. 50]. For the first time, the leaders sponsibility for the incident, explaining that the of the two Cypriot communities, Glafcos civilian deaths were the result solely of political Clerides, President of Cyprus, and Rauf R. intrigues and a power struggle in Azerbaijan. It Denktas, the Turkish Cypriot leader, met for provided accounts of the events by Azerbaijanis direct talks in the presence of the Secretary- and drew attention to the 47 Armenian hostages General’s Special Adviser on Cyprus with a view taken during the crisis, 34 of whom had yet to be to reaching a comprehensive settlement. How- accounted for. From those facts, Armenia con- ever, the talks, which began on 16 January, made cluded that the killing of Khojaly’s inhabitants little headway. In order to help move the process and the taking of the Armenian hostages were forward, therefore, the Secretary-General, in No- the work of Azerbaijan. vember, presented to the two sides his compre- On 6 December [A/57/637], Azerbaijan drew to hensive settlement proposal “Basis for Agree- the attention of the General Assembly President ment on a Comprehensive Settlement of the what it considered a misstatement by the Arme- Cyprus Problem”, which he revised in December nian delegate during the Assembly’s consider- to bridge remaining gaps between the parties. ation of the agenda item on cooperation between Further negotiations, based on the Secretary- the United Nations and OSCE that Armenia was General’s plan, were to resume in early 2003. not a party to the conflict in and around the The United Nations Peacekeeping Force in Nagorny Karabakh region of Azerbaijan. It cited Cyprus (UNFICYP) continued to assist in the resto- several Assembly and Council resolutions, as well ration of normal conditions and in humanita-

YUN02—3rd page proofs May 24 2004 398 Political and security questions rian functions. The Security Council twice ex- ment of the troops was part of the regular rota- tended UNFICYP’s mandate, the second time tion of Turkish forces on the island. until 15 June 2003. The “Turkish Republic of Northern Cyprus” By decision 56/481 of 6 September, the Gen- drew attention to statements made by what it re- eral Assembly included in the draft agenda of its ferred to as the Greek Cypriot administration in fifty-seventh (2002) session the item entitled several UN bodies, containing baseless allega- “Question of Cyprus”. On 20 December, it de- tions against it, while outlining its own position cided that the item would remain for consider- on various aspects of the Cyprus situation ation during its resumed fifty-seventh (2003) ses- [A/56/769-S/2002/28, A/56/847-S/2002/213, A/57/698- sion (decision 57/585). S/2002/1442]. It also transmitted to the Secretary- General a legal opinion on the question of Cy- Incidents prus’s application for EU membership [A/56/914- Communications. Throughout 2002, the S/2002/418]. On 1 October [A/57/445], it rejected Secretary-General received letters from the Gov- allegations by the Cyprus Government [A/56/ ernment of Cyprus and from the TurkishCypriot 1028] that two prominent TurkishCypriot journal- authorities containing charges and counter- ists had been unacceptably imprisoned for pub- charges, protests and accusations, and explana- lishing purportedly defamatory articles in their tions of position regarding the question of Cy- newspaper. prus. The letters from the “Turkish Republic of Northern Cyprus” were transmitted by Turkey. Good offices mission In communications dated between 21 January and 30 December, Cyprus reported violations of its national airspace and unauthorized intrusions Direct talks into Nicosia’s flight information region by Turk- Following their agreement on 4 December ish military aircraft, while those from the “Repre- 2001 [YUN 2001, p. 392] to begin direct talks, without sentative of the Turkish Republic of Northern preconditions, in order to achieve comprehen- Cyprus” claimed, in refutation, the existence of sive settlement of the Cyprus question, the Pres- two independent States in Cyprus and that the ident of Cyprus, Glafcos Clerides, and Turkish flights took place within the sovereign airspace Cypriot leader, Rauf R. Denktas, began negotia- of the “Turkish Republic of Northern Cyprus” tions on 16 January, at the Secretary-General’s in- [A/56/785-S/2002/100, A/56/873-S/2002/272, A/56/874- vitation, in the presence of his Special Adviser on S/2002/273, A/56/924-S/2002/440, A/56/925-S/2002/441, Cyprus, Alvaro de Soto. The first meeting took A/56/934-S/2002/485, A/56/954-S/2002/563, A/56/962- place in the United Nations Protected Area in Cy- S/2002/577, A/56/963-S/2002/578, A/56/1007-S/2002/781, prus. The Secretary-General travelled to Cyprus A/56/1030-S/2002/967, A/57/427-S/2002/1073, A/57/669- on 14 May to discuss with the two leaders ways in S/2002/1441]. which they could move forward more effectively. In another communication, Cyprus, on 28 May The rounds of talks continued until October. [A/56/966-S/2002/587], protested the illegal arrival Security Council consideration. On 26 Febru- of the Turkish oceanographic research vessel ary, the Special Adviser briefed the Security “Piri Reis” at the ports of Kyrenia and Famagusta Council on the status of the first round of the in the Turkish-occupied part of Cyprus, in viola- talks, which ran from 16 January to 19 February. tion of international law, the UN Charter and the The Council President, in a 26 February press 1982 Convention on the Law of the Sea [YUN 1982, statement [SC/7308], said that Council members, p. 178]. The “Turkish Republic of Northern welcoming the commencement of the regular ne- Cyprus”, responding on 26 June [A/56/998- gotiating sessions, urged both leaders to ap- S/2002/ 707], said that the Greek Cypriot protest, proach the resumption of the talks on 1 March in unwarranted and misleading, emanated from its a spirit of compromise and with a sense of ur- unfounded claim to be the sole sovereign author- gency and political determination so as to narrow ity over the whole island. the differences between them. The Council On 12 June [A/56/984-S/2002/670], Cyprus com- shared the view of the two leaders that June plained about the increase, by approximately should be the target date for reaching an agree- 5,500, of the number of Turkish troops in the oc- ment. cupied area of the Republic of Cyprus, bringing After being briefed by the Special Adviser on Turkish forces there to over 40,000 and, thus, the second round of direct talks held in March, contributing to an atmosphere of tension, fear the Council, in a 4 April press statement by the and intimidation. The “Turkish Republic of Council President [SC/7354], expressed concern at Northern Cyprus”, refuting those allegations on the slow progress and the great deal of ground 19 July [A/56/1010-S/2002/805], said that the move- still to be covered by the June target date. The

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 399 leaders were urged to intensify their negotiations They also discussed the issue of citizenship, in- and bring to them the urgency, political determi- cluding for people from Turkey who had settled nation, flexibility and the spirit of give and take in Cyprus since 1974, but that was not followed up needed to resolve their differences. by Mr. Denktas. Since no further progress was made at the On the question of third-party assistance in third round of negotiations in April, the Council, the talks, Mr. Denktas was strongly resistant to in a 3 May press statement by the President the United Nations playing a substantive role. [SC/7389], following another interim briefing by Moreover, on the aim of reaching an agreement the Special Adviser, said that the time had come in time for the accession to the EU of a reunited to set down on paper areas of common ground Cyprus, Mr. Denktas’s position during the talks between the two sides, with the aim of establish- was often contradictory. ing the component parts of a comprehensive set- To move the process forward and instil a sense tlement and to address the remaining differences of urgency, the Special Adviser held meetings through compromise. It urged both sides, espe- where the two leaders were not accompanied by cially the Turkishside, to cooperate fully with the aides. Those meetings produced some glimmers Special Adviser. of progress, which seldom lasted. The Special Adviser also conducted seminars with each Assessment and review of direct talks leader and his team, during which the United The Secretary-General, in an assessment of Nations discussed with the parties creative ways the direct talks [S/2003/398], said that the two lead- to address the particularly difficult issues. ers took entirely different approaches to the ne- Security Council consideration. On 9 July,the gotiations. Mr. Clerides believed that the leaders Security Council reviewed the whole process of should refrain from restating their visions or de- direct talks and was again briefed by the Special bating their merits, and proposed that they indi- Adviser. The Council, in a press statement of the cate where they could and could not be flexible, President [SC/7444], expressed disappointment and engage in a process of give and take on all the that, despite the Secretary-General’s personal in- core issues, helping each other to meet their most volvement, including his May visit to Cyprus, basic concerns. Mr. Denktas took the position progress remained disappointingly slow and that that the parties should first reach a common un- the June target date for agreement had not been derstanding on a vision of a settlement by con- met. It noted, in that regard, that the Turkish verging on the end result, before engaging in the Cypriot side had been less constructive in its ap- details of the core issues. Mr. Clerides strongly proach and had not supported the goal of resolv- disagreed with that approach. As a result, many ing the core issues by June. The Council called of the meetings ended up being discussions for more United Nations involvement in the talks about the visions of the two sides and debates and endorsed the intention to continue them for about the past, with little or no progress made a further period. It urged both sides to cooperate in bringing those visions closer together. fully, and in particular to work with the Secretary- Mr. Denktas discussed the core issues by restating General’s Special Adviser in his efforts to estab- his old positions, often from prepared texts, lish the component parts of a comprehensive rather than engaging in an exercise of give and settlement, taking into consideration relevant take. However, he was not prepared to discuss the Council resolutions and treaties. It also under- core issue of territory until the issue of sover- scored the need for the Turkish side, in particu- eignty had been addressed. For his part, Mr. lar, to move in that direction. Clerides, keen for negotiations to be held on ter- ritory and property, indicated that, if a substan- Secretary-General’s plan tial majority of Greek Cypriots were able to re- for a comprehensive settlement turn to their homes under Greek Cypriot After the June target date passed with no administration, he would be prepared to be flexi- breakthrough, the Secretary-General’s Special ble on the issue of property. Adviser compiled a list of work outstanding, and The two leaders did make some headway on a suggested a work programme to the two leaders small number of issues, including the powers of when the talks resumed after the August break the central authority and security. On the latter [S/2003/398]. Though the leaders did not reach issue, they provisionally agreed on some key any agreements at the resumed talks, they did ex- points late in May but, after consultations with plore issues that hitherto had been largely ig- Turkey, Mr. Denktas called major elements of nored: how a new state of affairs might come into that agreement into question, leading Mr. being; what methods might be used to provide el- Clerides to insist that whatever had been provi- ements of continuity for both sides in that new sionally agreed to would be considered void. state of affairs; the nature of the transitional gov-

YUN02—3rd page proofs May 24 2004 400 Political and security questions ernmental structures; and an approach to ad- During the time remaining before the Copen- dressing the issues of territory and property as a hagen summit, the Special Adviser engaged in package. Concerning the coming into being of round-the-clock consultations with both leaders, the new state of affairs, the Secretary-General, in as well as with Greece and Turkey; members of meetings with the two leaders in Paris on 6 Sep- the UN team also held extended discussions of tember and in New York on 3 and 4 October, fo- details with the two leaders’ advisers. cused on issues relating to the validity of past To bridge remaining gaps between the parties, acts, treaties to be binding on Cyprus and the laws the Secretary-General put forward, on 10 Decem- to be in force. On 4 October, the two leaders ber, a revised version of his plan, and invited the agreed to create two technical committees to work two leaders and the guarantors to Copenhagen on those issues. on 12 and 13 December in the hope of achieving The Secretary-General said it had become agreement before the European Council meet- abundantly clear that the two leaders would not ing. Mr. Denktas did not attend the Copenhagen be able to reach agreement. However, the process summit and only sent a representative following had given the United Nations a detailed under- the Secretary-General’s personal intervention. standing of their positions and the time to iden- That representative, Tahsin Ertugruloglu, al- tify ways of bridging them, while meeting the though he had authority to sign an agreement should Mr. Denktas make such a decision, was concerns, needs, interests and aspirations of each unyielding on the substance of the issues, a posi- side. The Secretary-General therefore consid- tion supported by Mr. Denktas in public state- ered submitting a written proposal, the timing ments in Ankara. For its part, Turkey sought to of which was influenced by Mr. Denktas’s conva- link a settlement of the Cyprus issue with its own lescence following open-heart surgery early in EU perspective. Consultations between the Spe- October, the Turkish elections early in Novem- cial Adviser and Turkish officials focused solely ber, the European Council meeting (Copenha- on the territorial issue but were not pursued. Mr. gen, Denmark, 12-13 December), which would Clerides took a non-committal position. In view decide on EU membership for Cyprus, and the of Mr. Denktas’s negative attitude, the question prospect of political campaigning to succeed as to whether the Greek Cypriot side would sign Mr. Clerides. the “Basis for Agreement on a Comprehensive On 11 November, the Secretary-General pre- Settlement of the Cyprus Problem” became theo- sented to the parties and the guarantors (Greece, retical. Although agreement seemed very close, Turkey, United Kingdom) the document “Basis once it became clear that no agreement would be for Agreement on a Comprehensive Settlement reached at Copenhagen, the Secretary-General of the Cyprus Problem”. The proposal was con- decided not to attend himself. He did, however, structed in such a way that the two leaders could press the urgency of the matter with the Turkish sign the “Comprehensive Settlement of the Cy- leader, Recep Tayyip Erdogan, in New York on prus Problem”, committing themselves to finaliz- 10 December. ing negotiations, with UN assistance, by 28 Feb- The Secretary-General said that the missed ruary 2003, and submit the final plan to separate chance at Copenhagen did not spell the end of simultaneous referendums for approval on the effort. The Security Council and the EU had 30 March 2003. That would allow a new state of called on the parties to try to reach agreement affairs to come into being and a reunited Cyprus by 28 February 2003, the date envisaged for the to sign the Treaty of Accession to the EU on finalization of all aspects of the Secretary- 16 April 2003. The Secretary-General asked the General’s plan. The Secretary-General proposed parties to convey their initial reactions within a a three-track negotiation: the leaders should fo- week. On 18 November, Mr. Clerides informed cus on achieving agreement on the substantive the Secretary-General that he was prepared to ne- issues, which he hoped would be confined to one gotiate, but sought a number of clarifications. or two major questions; Greece and Turkey Mr. Denktas, after requesting more time to con- should focus on reaching agreement and finaliz- sult, stated on 27 November that he also was pre- ing the security aspects of the plan; and the tech- pared to negotiate but noted several serious con- nical committees, agreed to on 4 October (see cerns on his side. Mr. Denktas’s delayed reaction above), should be appointed and begin meeting left little time for negotiation prior to the EU without delay to finalize laws and the list of treat- summit in Copenhagen. Nevertheless, the two ies to be binding on Cyprus on the basis of his re- leaders, at the Secretary-General’s request, gave vised plan. written reactions to the substance of the docu- Security Council consideration. The Security ment, in particular on the essential issues he had Council President issued an 18 December press asked them to focus on. statement [SC/7612], noting that the Council had

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 401 been briefed by the Special Adviser to the through a system of observation posts and Secretary-General on Cyprus on the recent nego- through air, vehicle and foot patrols. tiations aimed at achieving agreement on a com- During 2002, Alvaro de Soto continued as the prehensive settlement to the Cyprus problem. Secretary-General’s Special Adviser on Cyprus. Council members commended the Secretary- As at 31 December, UNFICYP, under the com- General for the initiatives he had taken in No- mand of Major General Jin Ha Hwang (Republic vember and December to bridge the gaps be- of Korea), comprised 1,196 troops and 35 civilian tween the two sides and expressed the view that police. the 11 November proposal, as revised on 10 De- cember, offered a unique opportunity to reach a Activities settlement in the coming weeks. They regretted Report of Secretary-General (May). The that the Turkish Cypriot leadership had not re- Secretary-General, in his 30 May report covering sponded in a timely way to the Secretary- developments and UNFICYP activities from 28 General’s initiatives and called for its constructive November 2001 to 29 May 2002 [S/2002/590], said efforts to reach a settlement in conformity with that, except for a few incidents, the situation the timetable proposed by the Secretary-General. along the ceasefire lines remained calm. Air vio- They welcomed the willingness of both sides to lations of the UN buffer zone decreased from 34 continue the negotiations and underlined the im- during the last reporting period to 17. The re- portance of intensifying them so that full agree- strictions imposed on UNFICYP by the Turkish ment could be reached before 28 February 2003, forces/Turkish Cypriot security forces in July in conformity with the proposed timetable. 2000 [YUN 2000, p. 404] continued to hamper its op- erations. Likewise, those imposed in November Continuation of good offices mission of the same year along the Famagusta/Dherinia The Secretary-General, on 18 December road prevented UNFICYP from monitoring the [S/2002/1402], drew the Security Council’s atten- whole fenced-off area of Varosha, limiting its ob- tion to the fact that efforts related to his mission servation to those areas visible from static obser- of good offices would continue in 2003. In fur- vation posts and a short patrol route. There was therance of that mission, his Special Adviser also no change in the violation of the military would continue to be assisted by a small team. He status quo in the village of Strovilia. asked the Council President to emphasize to Crossing of the maritime security lines (the Council members the importance that he at- seaward extension of the median line of the tached to their support in discharging that mis- buffer zone) continued and the same applied sion. to the eastern maritime security line, near Fama- gusta. The National Guard continued to The Council took note of the Secretary- strengthen the two defensive positions outside General’s letter on 20 December [S/2002/1403]. the buffer zone, south of Pyla, to compensate for the landmines it was in the process of clearing. UNFICYP The clearing of the minefield connecting the two positions was nearing completion. In April and The United Nations Peacekeeping Force in May, UNFICYP destroyed some 4,500 assorted Cyprus, established by Security Council resolu- weapons that had been purchased by the Cyprus tion 186(1964) [YUN 1964, p. 165], continued in 2002 Government in 1972 and placed under UN to monitor the ceasefire lines between the Turk- guard. ish and Turkish Cypriot forces on the northern UNFICYP assisted in the restoration of normal side and the Cypriot National Guard on the conditions and humanitarian functions by facili- southern side of the island; to maintain the tating youth events, monthly meetings of political military status quo and prevent a recurrence of parties, press conferences, workshops and semi- fighting; and to undertake humanitarian and nars, meetings of the business sector and NGOs economic activities. In the absence of a formal and the International Women’s Day celebration. It ceasefire agreement, UNFICYP’s task was to judge also supported civilian activities in the buffer zone whether changes in military positions consti- and carried out humanitarian activities in support tuted violations of the military status quo, as re- of the 428 Greek Cypriots and 162 Maronites liv- corded by the Force in 1974. ing in the northern part of the island and of those UNFICYP, under the overall authority of the Turkish Cypriots in the southern part who had Acting Special Representative and Chief of Mis- made themselves known to the Force. sion, Zbigniew Wlosowicz (Poland), continued to The Secretary-General said that he was en- keep the area between the ceasefire lines, known couraged by the increasing contacts between the as the buffer zone, under constant surveillance Greek Cypriot and TurkishCypriot communities

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and recommended that the Security Council capacity,and arranged the repair of an old irriga- extend UNFICYP’s mandate until 15 December tion aqueduct in Avlona village and of the 2002. Liminitis water pipeline, and the resumption of the spring-water supply from Yerakies in the SECURITY COUNCIL ACTION south to Lefka in the north. UNFICYP declined to On 13 June [meeting 4551], the Security Council grant permission, on security grounds, to Turk- unanimously adopted resolution 1416(2002). ish Cypriot authorities to construct a new road The draft [S/2002/652] was prepared in consulta- linking Playa in the buffer zone to Arsos in the tions among Council members. north. It did, however, grant them permission to sink a bore well on the plateau near Pyla to supply The Security Council, Welcoming the report of the Secretary-General of 30 water to the adjoining village of Pergamos. May 2002 on the United Nations operation in Cyprus, The Greek and Turkish Cypriot leaders, in and in particular the call to the parties to assess and ad- their continuing search for a solution to the prob- dress the humanitarian issue of missing persons with lem of missing persons, held three separate due urgency and seriousness, meetings in July in the presence of the head of Noting that the Government of Cyprus has agreed UNFICYP. that in view of the prevailing conditions in the island it The Secretary-General recommended that the is necessary to keep the United Nations Peacekeeping UNFICYP Force in Cyprus beyond 15 June 2002, Council extend ’s mandate until 15 June Welcoming and encouraging efforts by the United 2003. Nations to sensitize peacekeeping personnel in the prevention and control of HIV/AIDS and other com- SECURITY COUNCIL ACTION municable diseases in all its peacekeeping operations, On 25 November [meeting 4649], the Security 1. Reaffirms all its relevant resolutions on Cyprus, Council unanimously adopted resolution 1442 in particular resolution 1251(1999) of 29 June 1999 (2002). The draft [S/2002/1277] was prepared in and subsequent resolutions; consultations among Council members. 2. Decides to extend the mandate of the United Nations Peacekeeping Force in Cyprus for a further The Security Council, period, ending on 15 December 2002; Welcoming the report of the Secretary-General of 15 3. Requests the Secretary-General to submit a re- November 2002 on the United Nations operation in port by 1 December 2002 on the implementation of Cyprus, and in particular the call to the parties to as- the present resolution; sess and address the humanitarian issue of missing 4. Urges the Turkish Cypriot side and Turkish persons with due urgency and seriousness, forces to rescind the restrictions imposed on 30 June Noting that the Government of Cyprus has agreed 2000 on the operations of the United Nations Peace- that, in view of the prevailing conditions in the island, keeping Force in Cyprus and to restore the military it is necessary to keep the United Nations Peace- status quo ante at Strovilia; keeping Force in Cyprus beyond 15 December 2002, 5. Decides to remain actively seized of the matter. Welcoming and encouraging efforts by the United Nations to sensitize peacekeeping personnel in the Report of Secretary-General (November). On prevention and control of HIV/AIDS and other com- municable diseases in all its peacekeeping operations, 15 November [S/2002/1243], the Secretary-General 1. Reaffirms all its relevant resolutions on Cyprus, reported that the situation along the ceasefire and in particular resolution 1251(1999) of 29 June line remained unchanged, except for moments 1999 and subsequent resolutions; of tension due mainly to the National Guard im- 2. Decides to extend the mandate of the United proving its defensive positions and living quar- Nations Peacekeeping Force in Cyprus for a further ters. Turkish forces made some improvements to period, ending on 15 June 2003; their observation posts, including a position near 3. Requests the Secretary-General to submit a re- Pyla, in the buffer zone. Thirty-seven air viola- port by 1 June 2003 on the implementation of the present resolution; tions were recorded, and crossings of the mari- 4. Urges the Turkish Cypriot side and Turkish time security lines, both the western line by Turk- forces to rescind the restrictions imposed on 30 June ish forces and the eastern line, near Famagusta, 2000 on the operations of the United Nations Peace- by Greek Cypriot fishing boats and pleasure keeping Force in Cyprus and to restore the military crafts, increased significantly. status quo ante at Strovilia; UNFICYP facilitated 28 events, bringing to- 5. Decides to remain actively seized of the matter. gether some 13,000 Greek and Turkish Cypriots in the buffer zone. With the cooperation of both Financing sides, it opened Dionysou Street in the old town On 27 June [meeting 105], the General Assembly, of Nicosia for civilian use, facilitated a service for having considered the Secretary-General’s re- Latins and Maronites in the Latin Cemetery in port on UNFICYP’s financial performance for the the buffer zone, assisted in the desilting of the period 1 July 2000 to 30 June 2001 [A/56/782], the Marathassa dam to double its water storage proposed budget for UNFICYP’s maintenance for

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 403 the period 1 July 2002 to 30 June 2003 [A/56/838] quate resources to some recent peacekeeping missions, and ACABQ’s comments and recommendations in particular those in Africa; 6. Emphasizes that all future and existing peace- thereon [A/56/887/Add.4], adopted, on the recom- keeping missions shall be given equal and non- mendation of the Fifth Committee [A/56/982], discriminatory treatment in respect of financial and resolution 56/502 without vote [agenda item 149]. administrative arrangements; Financing of the United Nations 7. Also emphasizes that all peacekeeping missions shall Peacekeeping Force in Cyprus be provided with adequate resources for the effective and efficient discharge of their respective mandates; The General Assembly, 8. Reiterates its request to the Secretary-General to Having considered the reports of the Secretary- make the fullest possible use of facilities and equip- General on the financing of the United Nations Peace- ment at the United Nations Logistics Base at Brindisi, keeping Force in Cyprus and the related reports of the Italy, in order to minimize the costs of procurement for Advisory Committee on Administrative and Budgetary the Force; Questions, 9. Endorses the conclusions and recommendations Recalling Security Council resolution 186(1964) of contained in the report of the Advisory Committee on 4 March 1964, regarding the establishment of the Administrative and Budgetary Questions, and re- United Nations Peacekeeping Force in Cyprus, and quests the Secretary-General to ensure their full im- the subsequent resolutions by which the Council ex- plementation; tended the mandate of the Force, the latest of which 10. Requests the Secretary-General to take all neces- was resolution 1416(2002) of 13 June 2002, sary action to ensure that the Force is administered Recalling also its resolution 47/236 of 14 September with a maximum of efficiency and economy; 1993 on the financing of the Force for the period be- 11. Also requests the Secretary-General, in order to ginning 16 June 1993 and its subsequent resolutions reduce the cost of employing General Service staff, to and decisions thereon, the latest of which was resolu- continue efforts to recruit local staff for the Force tion 55/266 of 14 June 2001, against General Service posts, commensurate with the Reaffirming the general principles underlying the requirements of the Force; financing of United Nations peacekeeping operations as stated in General Assembly resolutions 1874(S-IV) Financial performance report for of 27 June 1963, 3101(XXVIII) of 11 December 1973 the period from 1 July 2000 to 30 June 2001 and 55/235 of 23 December 2000, 12. Takes note of the report of the Secretary-General Noting with appreciation that voluntary contributions on the financial performance of the Force for the pe- have been made to the Force by certain Governments, riod from 1 July 2000 to 30 June 2001; Noting that voluntary contributions were insuffi- Budget estimates for cient to cover all the costs of the Force, including those the period from 1 July 2002 to 30 June 2003 incurred by troop-contributing Governments prior to 13 . Decides to appropriate to the Special Account 16 June 1993, and regretting the absence of an ade- for the United Nations Peacekeeping Force in Cy- quate response to appeals for voluntary contributions, prus the amount of 45,632,400 dollars for the period including that contained in the letter dated 17 May from 1 July 2002 to 30 June 2003, inclusive of 1994from the Secretary-General to all Member States, 43,652,700 dollars for the maintenance of the Force, Mindful of the fact that it is essential to provide the 1,767,900 dollars for the support account for peace- Force with the necessary financial resources to enable keeping operations and 211,800 dollars for the United it to fulfil its responsibilities under the relevant resolu- Nations Logistics Base; tions of the Security Council, Financing of the appropriation 1. Takes note of the status of contributions to the 14 . Notes with appreciation that a one-third share of United Nations Peacekeeping Force in Cyprus as at 30 this amount, equivalent to 15,210,800 dollars, will be April 2002, including the contributions outstanding in funded through voluntary contributions from the the amount of 15 million United States dollars, repre- Government of Cyprus and the amount of 6.5 million senting some 8 per cent of the total assessed contribu- dollars from the Government of Greece, these tions, notes with concern that only thirty-eight Mem- amounts to be partially offset by their respective shares ber States have paid their assessed contributions in of the estimated staff assessment income in the full, and urges all other Member States, in particular amount of 631,900 dollars for the Government of Cy- those in arrears, to ensure payment of their outstand- prus and the amount of 270,100 dollars for the Gov- ing assessed contributions; ernment of Greece; 2. Expresses concern at the financial situation with 15. Decides to apportion among Member States the regard to peacekeeping activities, in particular as re- amount of 23,921,600 dollars at a monthly rate of gards the reimbursements to troop contributors that 1,993,466 dollars, in accordance with the levels set out bear additional burdens owing to overdue payments in resolution 55/235, as adjusted by the General As- by Member States of their assessments; sembly in its resolution 55/236 of 23 December 2000, 3. Expresses its appreciation to those Member States and taking into account the scale of assessments for the which have paid their assessed contributions in full; years 2002 and 2003 as set out in its resolution 55/5 B 4. Urges all other Member States to make every pos- of the same date, subject to a decision of the Security sible effort to ensure payment of their assessed contri- Council to extend the mandate of the Force; butions to the Force in full and on time; 16. Decides also that,inaccordancewiththeprovi- 5. Expresses concern at the delay experienced by the sions of its resolution 973(X) of 15 December 1955, Secretary-General in deploying and providing ade- there shall be set off against the apportionment among

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Member States, as provided for in paragraph 15 above, 22. Decides also to continue to maintain as separate their respective share in the Tax Equalization Fund of the account established for the Force for the period 993,800 dollars for the period from 1 July 2002 to prior to 16 June 1993, invites Member States to make 30 June 2003 at a monthly rate of 82,816 dollars, com- voluntary contributions to that account, and requests prising the estimated staff assessment income of the Secretary-General to continue his efforts in appeal- 857,700 dollars approved for the Force for the period ing for voluntary contributions to the account; from1July2002to30June2003,theproratedshareof 23. Emphasizes that no peacekeeping mission shall 126,200 dollars of the estimated staff assessment in- be financed by borrowing funds from other active come approved for the support account for the period peacekeeping missions; from1July2002to30June2003andtheincreasein 24. Encourages the Secretary-General to continue to staffassessmentincomeofthataccountfortheperiod take additional measures to ensure the safety and from 1 July 2000 to 30 June 2001, and the prorated security of all personnel under the auspices of the share of 9,900 dollars of the estimated staff assessment United Nations participating in the Force; income approved for the United Nations Logistics Base 25. Invites voluntary contributions to the Force in fortheperiodfrom1July2002to30June2003andthe cash and in the form of services and supplies accepta- reduction in staff assessment income of that account for ble to the Secretary-General, to be administered, as ap- the period from 1 July 2000 to 30 June 2001; propriate, in accordance with the procedures and 17. Decides further that, taking into account the un- practices established by the General Assembly; encumbered balance of 1,061,700 dollars and other in- 26. Notes with appreciation that the objectives in the come of 1,680,000 dollars in respect of the financial report of the Secretary-General have been described in period ended 30 June 2001, for Member States that simple, concise terms and the outputs are described in have fulfilled their financial obligations to the Force, relation to expected accomplishments and indicators there shall be set off against their apportionment, as of achievement; provided for in paragraph 15 above, their respective 27. Decides to include in the provisional agenda of share of the unencumbered balance in the amount of its fifty-seventh session the item entitled “Financing of 548,870 dollars and their respective share of other in- the United Nations Peacekeeping Force in Cyprus”. come in the amount of 868,510 dollars, in accordance with the levels set out in resolution 55/235, as adjusted On 20 December, the Assembly decided that by the General Assembly in its resolution 55/236, and the item on UNFICYP’s financing would remain taking into account the scale of assessments for the for consideration at its resumed fifty-seventh year 2001, as set out in its resolution 55/5 B; (2003) session (decision 57/585) and that the 18. Decides that for Member States that have not ful- Fifth Committee would continue to consider the filled their financial obligations to the Force, their re- item at that session (decision 57/556). spective share of the unencumbered balance of 548,870 dollars and other income of 868,510 dollars in respect of the financial period ended 30 June 2001 shall be set off against their outstanding obligations in accord- Other issues ance with the scheme set out in paragraph 17 above; 19 . Decides also that, taking into account the de- crease in the staff assessment income of 103,300 dol- Cooperation with OSCE lars in respect of the financial period ended 30 June 2001, there shall be set off among Member States the In response to General Assembly resolution amount of 53,410 dollars against the credits from the 56/216 [YUN 2001, p. 397], the Secretary-General unencumbered balance referred to in paragraphs 17 submitted a July report [A/57/217] describing co- and 18 above; operation between the United Nations and the 20. Decides further, taking into account its voluntary Organization for Security and Cooperation in contribution in respect of the financial period ended Europe (OSCE). The report detailed information 30 June 2001, that one third of the unencumbered bal- on specific cooperation activities carried out be- ance in the amount of 353,900 dollars and other in- tween OSCE and the UN Secretariat and various come in the amount of 560,000 dollars in respect of UN offices, programmes and agencies. During the financial period ended 30 June 2001 shall be re- turned to the Government of Cyprus, these amounts to the year, a number of meetings took place be- be partially offset by its share in the decrease in the tween the United Nations and OSCE, including staff assessment income in the amount of 34,430 dol- the annual high-level tripartite meeting of the lars in the Tax Equalization Fund; United Nations, OSCE and the Council of Europe 21. Decides, taking into account its voluntary contri- (Strasbourg, France, 7-8 February). bution in respect of the financial period ended 30 The United Nations and OSCE continued to June 2001, that the prorated share of the unencum- practise a division of labour based on their com- bered balance in the amount of 158,930 dollars and parative advantages: the United Nations main- other income in the amount of 251,490 dollars in re- tained the lead in efforts in Abkhazia, Georgia, spect of the financial period ended 30 June 2001 shall be returned to the Government of Greece, these and Tajikistan; OSCE had the lead in the Republic amounts to be partially offset by its share in the de- of Moldova, South Ossetia, Georgia, and in the crease in the staff assessment income in the amount of resolution of the conflict in and around the 15,460 dollars in the Tax Equalization Fund; Nagorny Karabakh region of Azerbaijan. Speci-

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 405 fic efforts were made to improve consultation and tion in the evolving international security environ- cooperation in the field and between the respect- ment, its decision on the development of a strategy to ive headquarters. address threats to security and stability in the twenty- first century, the decision on an annual security re- GENERAL ASSEMBLY ACTION view conference, the Declaration on Trafficking in Human Beings, the decision on tolerance and non- On 20 December [meeting 79], the General As- discrimination, the decision on electoral standards, sembly adopted resolution 57/298 [draft: A/57/ the decision on enhancing the role of the Organization L.72 & Add.1, amended by A/57/L.73] by recorded vote for Security and Cooperation in Europe in economic (147-0-3) [agenda item 22 (l)]. and environmental dimensions, the decision on re- Cooperation between the United Nations viewing the role of the organization in the field of and the Organization for Security and peacekeeping operations and the statements by the Cooperation in Europe Ministerial Council on regional issues; The General Assembly, 3. Notes with appreciation the further improvement Recalling the framework for cooperation and coordi- of cooperation and coordination between the United nation between the United Nations and the Confer- Nations and its agencies and the Organization for ence on Security and Cooperation in Europe, which Security and Cooperation in Europe, including at the was signed on 26 May 1993, as well as its resolutions on level of activities in the field; cooperation between the two organizations, 4. Welcomes, in that context, the meetings of the Recalling also the principles embodied in the Hel- Secretary-General of the United Nations with the sinki Final Act and in the declaration at the 1992 Hel- Chairman-in-Office and the Secretary-General of the sinki Summit by the heads of State or Government of Organization for Security and Cooperation in Europe, the participating States of the Conference on Security of the President of the United Nations Security Coun- and Cooperation in Europe of their understanding cil with the Chairman-in-Office of the Organization that the Conference is a regional arrangement in the for Security and Cooperation in Europe, and the par- sense of Chapter VIII of the Charter of the United ticipation of high-level United Nations representatives Nations and as such provides an important link be- in meetings of the Organization for Security and Co- tween European and global security, operation in Europe; Acknowledging the increasing contribution of the Or- 5. Praises the close cooperation between the institu- ganization for Security and Cooperation in Europe to tions of the Organization for Security and Coopera- the establishment and maintenance of international tion in Europe, in particular the High Commissioner peace and security in its region through activities in on National Minorities, the Office for Democratic In- early warning and preventive diplomacy, including stitutions and Human Rights, the Representative on through the activities of the High Commissioner on Na- Freedom of the Media and the relevant United tional Minorities, crisis management and post-conflict Nations bodies, welcomes in this regard the active par- rehabilitation,aswellasarmscontrolanddisarmament, ticipation of high-level representatives of the Office of Recalling the Charter for European Security adopted the United Nations High Commissioner for Refugees, at the Summit in Istanbul, Turkey, in November 1999, the United Nations Educational, Scientific and Cul- which reaffirms the Organization for Security and Co- tural Organization, the United Nations Development operation in Europe as a primary organization for the Programme and the Office on Drugs and Crime of the peaceful settlement of disputes within its region and as Secretariat in its annual Human Dimension Imple- a key instrument for early warning, conflict prevention, mentation Meeting, which paved the way for the docu- crisis management and post-conflict rehabilitation, ments adopted at the Tenth Ministerial Council in that Recalling also the special ties between the Organiza- field, and also welcomes the contribution of the tion for Security and Cooperation in Europe and the United Nations Educational, Scientific and Cultural Mediterranean Partners for Cooperation, as well as Organization, the Economic Commission for Europe between that organization and the Asian Partners for and the United Nations Environment Programme to Cooperation, Japan, the Republic of Korea and Thai- the 2002 Economic Forum of the Organization for land, which have been enhanced further in 2002, Security and Cooperation in Europe; Underlining the continued importance of enhanced 6. Encourages further efforts of the Organization cooperation and coordination between the United for Security and Cooperation in Europe to foster Nations and the Organization for Security and Co- security and stability in its region through early warn- operation in Europe, ing, conflict prevention, crisis management and post- 1. Welcomes the report of the Secretary-General; conflict rehabilitation, as well as through continued 2. Commends the Organization for Security and promotion of democracy, the rule of law, human Cooperation in Europe for the relevant decisions and rights, fundamental freedoms and arms control and declarations adopted by the Tenth Ministerial Council confidence- and security-building measures; at its meeting in Porto, Portugal, on 6 and 7 December 7. Welcomes the efforts undertaken to promote in 2002, in particular its Charter on Preventing and Com- operational terms the concept of the Platform for Coop- bating Terrorism, which reaffirms the core lasting and erative Security, adopted at the Summit in Istanbul in timeless principles guiding the Organization for 1999, and encourages the continued development of Security and Cooperation in Europe in this field, the modalities of cooperation between the Organization for decision on implementing the organization’s com- Security and Cooperation in Europe and other interna- mitments and activities on combating terrorism, the tional and regional organizations and institutions; Porto Ministerial Declaration, entitled “Responding 8. Commends the work of the Organization for to Change”, which underlines the role of the organiza- Security and Cooperation in Europe on the implemen-

YUN02—3rd page proofs May 24 2004 406 Political and security questions tation of its Bucharest Plan of Action for Combating tion of the Islamic Conference, the League of Arab Terrorism and of the Programme of Action adopted at States, the African Union and those States bordering the Bishkek International Conference on enhancing on the area of the Organization for Security and Co- security and stability in Central Asia, held on 13 and 14 operation in Europe, and to exchange best practices December 2001, whereby participating States pledged and lessons learned in counter-terrorism efforts for to reinforce and develop bilateral and multilateral application in its area; cooperation among themselves, with the United Na- 14 . Notes with appreciation the active involvement of tions and with other international and regional organi- the Organization for Security and Cooperation in Eu- zations in order to combat terrorism in all its forms and rope in Albania, Bosnia and Herzegovina, Croatia, the manifestations, welcomes the reports presented by the former Yugoslav Republic of Macedonia and the Fed- Secretary-General of the Organization for Security and eral Republic of Yugoslavia, including Kosovo, Federal CooperationinEuropetotheTenthMinisterialCouncil Republic of Yugoslavia, and its commitment to con- and to the Chairman of the Counter-Terrorism Com- tinue to contribute substantially to early warning, con- mittee of the United Nations on the activities of that or- flict prevention, crisis management and post-conflict ganization to prevent and combat terrorism, encourages rehabilitation in the region, thereby fostering peace further enhancement of their cooperation in providing and stability in the area; assistance to participating States of the Organization for 15. Commends the work of the Mission of the Or- Security and Cooperation in Europe in implementing ganization for Security and Cooperation in Europe to their international obligations in this field, and wel- the Federal Republic of Yugoslavia and of the authori- comes in that respect the convening, at the initiative of ties of that country to promote legislative reform and the Portuguese Chairmanship, of the High-Level Con- institution- and capacity-building, and notes with sat- ference on Preventing and Combating Terrorism, held isfaction their commitment to facilitate the consolida- inLisbonon12June2002,which,infullrecognitionof tion of democracy, the strengthening of the rule of the leading role of the United Nations in countering law, through in particular the training of a multi-eth- terrorism, sought to enhance cooperation among the nic police element in South Serbia, including respect various organizations involved; for human rights and fundamental freedoms, as well 9. Notes the continued process of reviewing the as the process of the return of refugees and internally management and the working procedures of the Or- displaced persons in the region; ganization for Security and Cooperation in Europe un- 16. Expresses its appreciation for the contribution by dertaken at the initiative of the Romanian chairman- the Organization for Security and Cooperation in Eu- ship in 2001 and continued under the Portuguese rope to implementing Security Council resolution chairmanship in 2002 with the goal of strengthening 1244(1999) of 10 June 1999, as an essential part of the its efficiency on issues of security and cooperation in United Nations Interim Administration in Kosovo, in Europe and in countering threats and challenges to particular for its substantial role in the preparation security and stability in its region; and organization of the Kosovo local election of 26 10. Acknowledges the progress made in implement- October 2002, in view of the consolidation of stability ing the decisions to strengthen the Organization for and prosperity in Kosovo on the basis of substantial Security and Cooperation in Europe as a political fo- autonomy, respecting the sovereignty and territorial rum, namely through a balanced approach in its three integrity of the Federal Republic of Yugoslavia, pend- dimensions, and takes note in this respect of enhanced ing a final settlement in accordance with resolution cooperation in the economic and environmental di- 1244 (1999), as well as for its continued commitment to mensions, welcoming in particular the recommenda- training a multi-ethnic, community-based Kosovo po- tions of the 2002 Economic Forum on cooperation for lice service, building democratic institutions and pro- the sustainable use and the protection of the quality of moting human rights; water and the recommendations of the seminar held in 17. Welcomes the efforts of the Organization for Paris on the socio-economic impact of disarmament; Security and Cooperation in Europe to contribute to 11. Commends the adoption of new modalities for the implementation of the Framework Agreement the annual Human Dimension Implementation Meet- concerning the former Yugoslav Republic of Macedo- ing of the Organization for Security and Cooperation nia, concluded on 13 August 2001, in particular in Europe, and welcomes the continued close coopera- through its programmes of training and reform of the tion between the Organization for Security and Co- police forces, confidence-building and inter-ethnic re- operation in Europe and the Offices of the United lations, and commends the Organization for Security Nations High Commissioner for Refugees and the and Cooperation in Europe for its contribution to the United Nations High Commissioner for Human holding of peaceful and democratic elections on 15 Rights, as well as the Office on Drugs and Crime; September 2002; 12. Praises the work done by the Organization for 18. Commends the work of the Mission of the Or- Security and Cooperation in Europe to develop its ganization for Security and Cooperation in Europe to capacity to assist participating States wishing to Bosnia and Herzegovina in accomplishing the transi- strengthen their policing skills; tion in the administration and conduct of the election 13 . Welcomes the efforts by the Organization for process to the authorities of Bosnia and Herzegovina, Security and Cooperation in Europe to broaden dia- in compliance with the Dayton/Paris peace accords, logue with partners outside its area, such as the Medi- and for the support given to Bosnia and Herzegovina terranean Partners for Cooperation and Asian Part- in the preparation and conduct of general elections on ners for Cooperation, the Shanghai Cooperation 5 October 2002, which were held largely in line with Organization, the Conference on Interaction and international standards for democratic elections, as Confidence-building Measures in Asia, the Organiza- well as for its continued substantive support to the

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Property Law Implementation Plan process, which is negotiations led by the United Nations, but regrets due to be completed by 2003; that no substantial progress has been noted in over- 19 . Underlines the importance of regional coopera- coming the precarious stalemate that remains on the tion as a means of fostering good-neighbourly rela- core issue of the Georgian-Abkhazian conflict, the fu- tions, stability and economic development, welcomes ture status of Abkhazia within the State of Georgia, the implementation of the Stability Pact for South- and welcomes the readiness of the Organization for Eastern Europe under the auspices of the Organiza- Security and Cooperation in Europe to further its tion for Security and Cooperation in Europe as an projects in Abkhazia in the human dimension; important long-term and comprehensive initiative to 24. Commends the work of the border monitoring promote good-neighbourly relations, stability and eco- operation of the Mission of the Organization for nomic development, and welcomes the commitment of Security and Cooperation in Europe to Georgia along participating States of the Organization for Security the border between Georgia and the Chechen and and Cooperation in Europe to contribute further to Ingushet Republics of the Russian Federation as a sig- the goals of the Stability Pact; nificant contribution to stability and confidence in the 20. Expresses its deep concern that in spite of the region; efforts undertaken by the Republic of Moldova and 25. Notes with satisfaction the increased efforts of the mediators of the Organization for Security and Co- the Organization for Security and Cooperation in Eu- operation in Europe, the Russian Federation and rope to promote cooperation with the five participat- Ukraine, no progress was achieved in 2002 towards ne- ing States of Central Asia, as well as regional coopera- gotiation of a comprehensive political settlement of tion among these States, in all dimensions of security, the Transdniestrian problem, based on full respect of in particular in the fight against terrorism, as well as in the sovereignty and territorial integrity of the Repub- the sphere of economic and environmental issues, en- lic of Moldova, regrets that, notwithstanding all these courages continued close cooperation between the Or- efforts, the Transdniestrian side continues to obstruct ganization for Security and Cooperation in Europe, the negotiation process, welcomes the efforts made the United Nations and other international actors in by the Russian Federation to fulfil its commitments this region, and welcomes the efforts of the Organiza- undertaken at the summit of the Organization for tion for Security and Cooperation in Europe to pro- Security and Cooperation in Europe held in Istanbul mote implementation of the Programme of Action in 1999, and also welcomes the commitment of the adopted at the Bishkek International Conference on Russian Federation to complete the withdrawal of enhancing security and stability in Central Asia, held Russian forces as early as possible and its intention to under the auspices of the Organization for Security do so by 31 December 2003, provided necessary condi- and Cooperation in Europe and the Office for Drug tions are in place; Control and Crime Prevention of the Secretariat, in- 21. Supports the efforts of the Portuguese chair- cluding the holding of a regional expert meeting on manship of the Organization for Security and Co- combating trafficking in small arms and light weapons operation in Europe and the Government of Belarus in Central Asia, as well as the readiness of the Organi- to find a mutually acceptable decision regarding the zation for Security and Cooperation in Europe to assist field presence in Belarus of the Organization for in addressing specific issues related to the process of Security and Cooperation in Europe; democratic reform, institution building and the re- 22. Welcomes the activities of the Organization for form of the law enforcement agencies in the five par- Security and Cooperation in Europe to promote the ticipating States in Central Asia; peace process in the Tshkhinvali region/South 26. Fully supports the activities of the Organization Ossetia, Georgia, namely the results achieved in the for Security and Cooperation in Europe to achieve a meeting at Castelo Branco, Portugal, and the steps to peaceful solution to the conflict in and around the reduce the quantities of small arms and light weapons Nagorny Karabakh region of the Republic of Azer- in that region, as well as the work of the Mission of the baijan, and welcomes cooperation between the United Organization for Security and Cooperation in Europe Nations and the Organization for Security and Co- to Georgia in facilitating a number of projects aimed at operation in Europe in this regard; involving the local community in that process, and, in 27. Remains deeply concerned at the failure to achieve accordance with the commitments made at the Istan- a settlement of the Nagorny Karabakh conflict despite bul summit, supports the desire of the parties to com- the intensified dialogue between the parties and the plete negotiations regarding the duration and modali- active support of the Co-Chairmen of the Minsk ties of the functioning of the Russian military bases at Group of the Organization for Security and Coopera- Batumi and Alkhalkalaki and other Russian military tion in Europe, reaffirms that the prompt resolution of facilities within the territory of Georgia, and takes that protracted conflict will contribute to lasting note of the transparent visit of the military experts of peace, security, stability and cooperation in the South the Organization for Security and Cooperation in Eu- Caucasus region, reiterates the importance of continu- rope to the Gudauta base in Abkhazia, Georgia, which ing the peace dialogue, calls upon the sides to continue was a milestone on the way to a speedy and legal trans- their efforts to achieve an early resolution of the con- fer of the Gudauta facilities; flict based on norms and principles of international 23. Appreciates the cooperation between the United law, encourages the parties to explore further meas- Nations and the Organization for Security and Co- ures that would enhance mutual confidence and trust, operation in Europe in bringing forward a peaceful welcomes the commitment of the parties to the cease- solution of the conflict in Abkhazia, in particular the fire and to achieving a peaceful and comprehensive active participation of the representative of the Organ- settlement, also welcomes in particular the continued ization for Security and Cooperation in Europe in the meetings of the Presidents of Armenia and Azerbaijan

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and of their special representatives, and encourages flict prevention, in post-conflict peace-building the parties to continue their efforts, with the active and other confidence-building measures for in- support of the Co-Chairmen, aimed at reaching a just creasing tolerance and understanding between and enduring settlement; 28. Decides to include in the provisional agenda of peoples of different ethnic groups, especially its fifty-ninth session the sub-item entitled “Coopera- those within countries in crisis, and in anti- tion between the United Nations and the Organization terrorism efforts. for Security and Cooperation in Europe”, and requests the Secretary-General to submit to the General Assem- GENERAL ASSEMBLY ACTION bly at its fifty-ninth session a report on cooperation be- On 16 December [meeting 75], the General As- tween the United Nations and the Organization for sembly adopted resolution 57/156 [draft: A/57/ Security and Cooperation in Europe in implementa- L.23/Rev.1 & Add.1] by recorded vote (92-0-65) tion of the present resolution. [agenda item 22 (d)]. RECORDED VOTE ON RESOLUTION 57/298: In favour: Afghanistan, Albania, Algeria, Andorra, Angola, Antigua and Cooperation between the United Nations Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas, Bahrain, and the Council of Europe Bangladesh, Belgium, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, The General Assembly, Cameroon, Canada, Cape Verde, Chile, China, Colombia, Costa Rica, Recalling the Agreement between the Council of Croatia, Cyprus, CzechRepublic, DemocraticRepublic oftheCongo,Den- Europe and the Secretariat of the United Nations mark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salva- dor, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Georgia, Germany, signed on 15 December 1951 and the Arrangement on Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Cooperation and Liaison between the secretariats of Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Ja- the United Nations and the Council of Europe of 19 pan, Jordan, Kazakhstan, Kenya, Kuwait, Kyrgyzstan, Latvia, Lebanon, Lesotho, Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxem- November 1971, bourg, Malawi, Malaysia, Maldives, Mali, Malta, Marshall Islands, Mauri- Acknowledging the contribution of the Council of tania, Mexico, Monaco, Mongolia, Morocco, Myanmar, Namibia, Nauru, Europe to the protection and strengthening of democ- Nepal, Netherlands, New Zealand, Nigeria, Norway, Oman, Pakistan, racy, human rights and fundamental freedoms, in- Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal,Qatar,Republic ofKorea, Republic ofMoldova,Russian Federa- cluding the protection of national minorities, and the tion, San Marino, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, rule of law on the European continent, including its Solomon Islands, South Africa, Spain, Sri Lanka, Sudan, Suriname, Swa- activities against racism and intolerance, the promo- ziland,Sweden, Switzerland,Syrian ArabRepublic, Thailand, Theformer Yugoslav Republic of Macedonia, Togo, Trinidad and Tobago, Tunisia, tion of gender equality, social development and a com- Turkey, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United mon cultural heritage, Republic of Tanzania, United States, Uruguay, Uzbekistan, Venezuela, Acknowledging also that, with its significant expertise Yemen, Yugoslavia, Zambia, Zimbabwe. in the field of human rights, democratic institutions Against: None. Abstaining: Armenia, Belarus, Madagascar. and the rule of law, the Council of Europe is contribut- ing to conflict prevention, confidence-building and Before the adoption of the resolution, a re- long-term post-conflict peace-building through politi- cal, legal and institutional reform, corded vote (37-2-100) was taken on an amend- Stressing the importance of adherence to the stand- ment introduced by Azerbaijan [A/57/L.73], add- ards and principles of the Council of Europe and its ing paragraph 26, which stated specifically that contribution to the solution of conflicts throughout Nagorny Karabakh was a region of Azerbaijan. the whole of Europe, Acknowledging the contribution of the Council of Europe to the development of international law, inter Cooperation with the Council of Europe alia, international criminal law, In response to General Assembly resolution Noting the increasing openness of the Council of Europe, through its legal instruments, to the participa- 56/43 [YUN 2001, p. 399], the Secretary-General tion of States of other regions, submitted a July report [A/57/225] on cooperation 1. Welcomes the report of the Secretary-General; between the United Nations and the Council of 2. Reiterates its appreciation for the ongoing fruitful Europe. cooperation and coordination between the United He stated that the two organizations continued Nations and its agencies and the Council of Europe, to cooperate on matters of mutual interest both at the level of headquarters and in the field; through direct contacts between their secretariats 3. Welcomes the further development of close co- operation between the Council of Europe, the Office and between the Council and UN common of the United Nations High Commissioner for Human system bodies, and through the Council’s Rights, the Office of the United Nations High Com- observer status in the General Assembly and for- missioner for Refugees, the United Nations Children’s mal communications between the Secretaries- Fund and the Economic Commission for Europe; General of the two organizations, as well as 4. Notes the role the Council of Europe has played between the UN Secretary-General and the Pres- in facilitating the entry into force of the Rome Statute ident of the Council’s Parliamentary Assembly. of the International Criminal Court and the readiness of the Council to provide its member States with the The Secretary-General noted the organiza- appropriate assistance with a view to them becoming tions’ concerted efforts towards a balanced and parties to and implementing the Rome Statute; equitable division of responsibilities of their 5. Expresses its appreciation for the contribution of shared interests, including in the areas of con- the Council of Europe to the implementation of the

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Programme of Action adopted by the World Confer- facilitate its compliance with Council standards of ence against Racism, Racial Discrimination, Xeno- democracy, human rights and the rule of law; phobia and Related Intolerance, held in Durban, 14 . Takes note of Opinion No. 239 adopted by the South Africa, from 31 August to 8 September 2001, in- Parliamentary Assembly of the Council of Europe on cluding the follow-up action taken by the European 24 September 2002, in which the Assembly recom- Commission against Racism and Intolerance; mended that the Committee of Ministers, on the basis 6. Notes the opening for signature on 3 May 2002 of a series of commitments accepted by the highest Yu- in Vilnius of Protocol No. 13 to the Convention for the goslav authorities, invite the Federal Republic of Yu- Protection of Human Rights and Fundamental Free- goslavia to become a member of the Council as soon as doms, concerning the abolition of the death penalty in the constitutional Charter had been adopted by the all circumstances; Parliaments of Serbia and Montenegro; 7. Expresses its appreciation for the substantial contri- 15. Notes that the Ministers of the forty-four mem- bution of the Council of Europe to the special session ber States, at the one hundred and eleventh session, re- of the General Assembly on children, held from 8 to 10 iterated their common will to see the Federal Republic May 2002, and notes the adoption by the Council of of Yugoslavia become a member of the Council of Eu- the European Convention on the Exercise of Chil- rope, while at the same time regretting that circum- dren’s Rights, which entered into force in 2000; stances at present did not yet permit the adoption of 8. Also expresses its appreciation for the contributions an official invitation to the Federal Republic of Yugo- of the Council of Europe to the International Con- slavia to join the Council; ference on Financing for Development, held in 16. Welcomes the ongoing participation of the Monterrey, Mexico, from 18 to 22 March 2002, and Council of Europe in the implementation of Security particularly to its follow-up process, through activities Council resolution 1244(1999) of 10 June 1999 and its involving Governments, parliamentarians, local and cooperation with the United Nations Interim Ad- regional authorities and civil society organizations, ministration Mission in Kosovo, and commends the aimed at turning the commitments made at the Con- role of the Council of Europe in the development of ference into specific actions; democratic institutions, inter alia, in respect of the de- 9. Further expresses its appreciation for the substantial centralization process, human rights protection and contribution of the Council of Europe to the World the rule of law in accordance with the standards of the Summit on Sustainable Development, held in Johan- Council of Europe; nesburg, South Africa, from 26 August to 4 September 17. Commends the role of the Council of Europe 2002, as well as its contributions to the follow-up work, with regard to the electoral process in Kosovo, Federal for example, concerning education for sustainable de- Republic of Yugoslavia, in preparation for the munici- velopment, carried out by its North-South Centre; pal elections which were held on 26 October 2002; 10. Commends strongly the contribution of the Coun- 18. Welcomes the substantial contribution of the cil of Europe to international action against terrorism, Council of Europe to the Stability Pact for South- welcomes the work of the Council’s Multidisciplinary Eastern Europe, in particular in the fields of democra- Group on International Action against Terrorism tization, local democracy, human rights and the rule of aimed, inter alia, at strengthening legal cooperation in law, as well as cross-border cooperation and the fight the fight against terrorism, and in this context wel- against corruption, organized crime and money- comes the approval on 7 November 2002 by the Com- laundering; mittee of Ministers at its one hundred and eleventh 19 . Commends the wide-ranging efforts of the session of the content of the draft protocol amending Council of Europe to foster peace and stability in the European Convention on the Suppression of Ter- South-Eastern Europe; rorism which was opened for signature in 1977; 20. Welcomes the Vilnius Declaration on Regional 11. Welcomes the assessment made by the Commit- Cooperation and the Consolidation of Democratic Sta- tee of Ministers at its one hundred and eleventh ses- bility in Greater Europe, adopted by the Committee of sion on each of the three cornerstones it had defined Ministers of the Council of Europe on 3 May 2002, and in 2001 for the contribution of the Council of Europe the efforts of the Council to promote cooperation to United Nations–led international action against ter- among the regional organizations, initiatives and pro- rorism, namely intensifying legal cooperation to com- cesses in Europe and between them and the United bat terrorism, safeguarding fundamental values and Nations and other international organizations; investing in democracy; 21. Commends the work of the Council of Europe in 12. Commends the Council of Europe for its contri- relation to the protection of national minorities, in bution to the implementation of Security Council res- particular the monitoring by the Committee of Minis- olution 1373(2001) of 28 September 2001, and takes ters of the implementation of the Framework Conven- note in this context of the Council of Europe’s Guide- tion for the Protection of National Minorities; lines on Human Rights and the Fight against Terror- 22. Reiterates its appreciation for the active role of the ism, adopted by its Committee of Ministers on 11 July Council of Europe in the tripartite meetings between 2002 and referred to in the addendum to the report of the United Nations, the Organization for Security and the Secretary-General on measures to eliminate inter- Cooperation in Europe and the Council; national terrorism; 23. Requests the Secretary-General to continue ex- 13 . Welcomes the accession to the Council of Eu- ploring, with the Secretary-General of the Council of rope of Bosnia and Herzegovina on 24 April 2002, and Europe, possibilities for further enhancement of co- expresses its appreciation for the cooperation and as- operation, information exchange and coordination sistance the Council extends to this country in order to between the United Nations and the Council;

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24. Decides to include in the provisional agenda of Bearing in mind all the previous declarations and its fifty-ninth session the sub-item entitled “Coopera- commitments, as well as all the initiatives taken by the tion between the United Nations and the Council of riparian countries at the recent summits, ministerial Europe”, and requests the Secretary-General to submit meetings and various forums concerning the question to the General Assembly at its fifty-ninth session a re- of the Mediterranean region, port on cooperation between the United Nations and Recognizing the indivisible character of security in the Council of Europe in implementation of the pres- the Mediterranean and that the enhancement of co- ent resolution. operation among Mediterranean countries with a view RECORDED VOTE ON RESOLUTION 57/156: to promoting the economic and social development of In favour: Afghanistan, Algeria, Andorra, Angola, Argentina, Armenia, all peoples of the region will contribute significantly to Australia, Austria, Azerbaijan, Belarus, Belgium, Bolivia, Bosnia and Her- stability, peace and security in the region, zegovina, Brazil, Bulgaria, Cambodia, Cameroon, Canada, Cape Verde, Recognizing also the efforts made so far and the de- Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominican Republic, Ecuador, El Salvador, Estonia, termination of the Mediterranean countries to inten- Finland, France, Georgia, Germany, Greece, Guatemala, Honduras, Hun- sify the process of dialogue and consultations with a gary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Lebanon, Liechtenstein, view to resolving the problems existing in the Mediter- Lithuania, Luxembourg, Madagascar, Malta, Mauritius, Mexico, Mo- naco, Morocco, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, ranean region and to eliminating the causes of tension Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, and the consequent threat to peace and security, and RepublicofMoldova,Romania,RussianFederation, Samoa,SanMarino, their growing awareness of the need for further joint Senegal, Slovakia, Slovenia, South Africa, Spain, Suriname, Sweden, efforts to strengthen economic, social, cultural and en- Switzerland, Syrian Arab Republic, Thailand, The former Yugoslav Re- public of Macedonia, Tunisia, Turkey, Ukraine, United Kingdom, Uru- vironmental cooperation in the region, guay, Venezuela, Yugoslavia, Zambia. Recognizing further that prospects for closer Euro- Against: None. Mediterranean cooperation in all spheres can be en- Abstaining: Antigua and Barbuda, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Brunei Darussalam, Burkina Faso, Burundi, Comoros, hanced by positive developments worldwide, in partic- Cuba, DemocraticPeople’sRepublic ofKorea, Dominica, Egypt,Ethiopia, ular in Europe, in the Maghreb and in the Middle East, Gambia, Ghana, Grenada, Guinea, Guyana, Haiti, India, Indonesia, Iran, Reaffirming the responsibility of all States to Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Lesotho, Libyan Arab contribute to the stability and prosperity of the Medi- Jamahiriya, Malawi, Malaysia, Maldives, Mali, Mauritania, Mongolia, Myanmar, Namibia, Nauru, Oman, Pakistan, Papua New Guinea, Philip- terranean region and their commitment to respecting pines, Qatar, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent the purposes and principles of the Charter of the and the Grenadines, Saudi Arabia, Sierra Leone, Singapore, Sri Lanka, United Nations, as well as the provisions of the Decla- Sudan, Swaziland, Togo, Tonga, Trinidad and Tobago, Uganda, United Arab Emirates, United Republic of Tanzania, United States, Vanuatu, ration on Principles of International Law concerning Yemen, Zimbabwe. Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, Before the vote on the text as a whole, separate Noting the peace negotiations in the Middle East, recorded votes were taken to retain operative which should be of a comprehensive nature and repre- paragraphs 4 (109-0-36), 6 (71-54-32) and 12 (71- sent an appropriate framework for the peaceful settle- ment of contentious issues in the region, 52-33). Expressing its concern at the persistent tension and continuing military activities in parts of the Mediterra- nean that hinder efforts to strengthen security and co- Strengthening of security and cooperation operation in the region, in the Mediterranean Taking note of the report of the Secretary-General, In response to General Assembly resolution 1. Reaffirms that security in the Mediterranean is 56/29 [YUN 2001, p. 400], the Secretary-General closely linked to European security as well as to inter- national peace and security; submitted in June [A/57/91] replies received from 2. Expresses its satisfaction at the continuing efforts Algeria, Qatar and Tunisia to his note verbale of by Mediterranean countries to contribute actively to 20 February requesting the views of all Member the elimination of all causes of tension in the region States on ways to strengthen security and co- and to the promotion of just and lasting solutions to operation in the Mediterranean region. the persistent problems of the region through peace- ful means, thus ensuring the withdrawal of foreign GENERAL ASSEMBLY ACTION forces of occupation and respecting the sovereignty, independence and territorial integrity of all countries On 22 November [meeting 57], the General As- of the Mediterranean and the right of peoples to self- sembly, on the recommendation of the First (Dis- determination, and therefore calls for full adherence armament and International Security) Commit- to the principles of non-interference, non-intervention, tee [A/57/515], adopted resolution 57/99 without non-use of force or threat of use of force and the inad- vote [agenda item 71]. missibility of the acquisition of territory by force, in accordance with the Charter and the relevant resolu- Strengthening of security and cooperation tions of the United Nations; in the Mediterranean region 3. Commends the Mediterranean countries for their The General Assembly, efforts in meeting common challenges through coor- Recalling its previous resolutions on the subject, in- dinated overall responses, based on a spirit of multilat- cluding resolution 56/29 of 29 November 2001, eral partnership, towards the general objective of turn- Reaffirming the primary role of the Mediterranean ing the Mediterranean basin into an area of dialogue, countries in strengthening and promoting peace, exchanges and cooperation, guaranteeing peace, sta- security and cooperation in the Mediterranean region, bility and prosperity, encourages them to strengthen

YUN02—3rd page proofs May 24 2004 Europe and the Mediterranean 411 such efforts through, inter alia, a lasting multilateral Maintenance of international security— and action-oriented cooperative dialogue among good-neighbourliness, stability and States of the region, and recognizes the role of the development in South-Eastern Europe United Nations in promoting regional and interna- The General Assembly, tional peace and security; Recalling the purposes and principles of the Charter 4. Recognizes that the elimination of the economic of the United Nations and the Final Act of the Confer- and social disparities in levels of development and ence on Security and Cooperation in Europe, signed in other obstacles as well as respect and greater under- Helsinki on 1 August 1975, standing among cultures in the Mediterranean area Recalling also the United Nations Millennium Decla- will contribute to enhancing peace, security and co- ration, operation among Mediterranean countries through Recalling further its resolutions 48/84 B of 16 De- the existing forums; cember 1993, 50/80 B of 12 December 1995, 51/55 of 5. Call upon all States of the Mediterranean region 10 December 1996, 52/48 of 9 December 1997, 53/71 that have not yet done so to adhere to all the multilater- of 4 December 1998,54/62 of 1 December 1999,55/27 ally negotiated legal instruments related to the field of of 20 November 2000 and 56/18 of 29 November 2001, disarmament and non-proliferation, thus creating the Convinced of the necessity of enhancing the overall necessary conditions for strengthening peace and co- conflict prevention and resolution capability of the operation in the region; United Nations system and other relevant regional or- 6. Encourages all States of the region to favour ganizations to prevent the outbreak of conflicts, the necessary conditions for strengthening the Emphasizing the crucial importance of the full im- confidence-building measures among them by pro- plementation of Security Council resolution 1244 moting genuine openness and transparency on all (1999) of 10 June 1999 on Kosovo, Federal Republic of military matters, by participating, inter alia, in the Yugoslavia, and stressing, inter alia, the role and re- United Nations system for the standardized reporting sponsibility of the United Nations Interim Adminis- of military expenditures and by providing accurate tration Mission in Kosovo, supported by the Organiza- data and information to the United Nations Register tion for Security and Cooperation in Europe and the of Conventional Arms; European Union, and of the Kosovo Force in that re- 7. Encourages the Mediterranean countries to gard, as well as the importance of the implementation strengthen further their cooperation in combating ter- of Security Council resolutions 1345(2001) of 21 rorism in all its forms and manifestations, taking into March 2001 and 1371(2001) of 26 September 2001, account the relevant resolutions of the United Na- Reiterating the importance of the South-East Euro- tions, and in combating international crime and illicit pean Cooperation Process and its contribution to arms transfers and illicit drug production, consump- security, stability and good-neighbourly relations in tion and trafficking, which pose a serious threat to South-Eastern Europe, and recalling in particular the peace, security and stability in the region and there- Joint Statement issued by the Ministers for Foreign Af- fore to the improvement of the current political, eco- fairs of the South-East European Cooperation Process nomic and social situation and which jeopardize in Belgrade on 19 June 2002, friendly relations among States, hinder the develop- Welcoming the progress made in the normalization ment of international cooperation and result in the de- of relations among all States of the Balkan region, struction of human rights, fundamental freedoms and Reaffirming the validity of the Agreement for the de- the democratic basis of pluralistic society; lineation of the borderline between the former Yugo- 8. Requests the Secretary-General to submit a re- slav Republic of Macedonia and the Federal Republic port on means to strengthen security and cooperation of Yugoslavia, signed in Skopje on 23 February 2001, in the Mediterranean region; Welcoming the signing of stabilization and associa- 9. Decides to include in the provisional agenda of tion agreements and/or European agreements be- its fifty-eighth session the item entitled “Strengthen- tween the countries of the region and the European ing of security and cooperation in the Mediterranean Union and its member States, region”. Emphasizing the crucial importance of strengthen- ing regional efforts in South-Eastern Europe on arms control, demining, disarmament and confidence- Stability and development in building measures, and concerned that, in spite of the South-Eastern Europe ongoing efforts, the illicit trade in small arms and light weapons in all its aspects persists, On 24 June [A/57/98-S/2002/705], the Federal Re- Welcoming the establishment by the United Nations public of Yugoslavia transmitted to the Secretary- Development Programme and the Stability Pact for General the Joint Statement of the Ministers for South-Eastern Europe of the small arms clearing Foreign Affairs of the countries of the South-East house in Belgrade, and affirming its support for all European Cooperation Process issued at their initiatives in the region for combating the destabilizing meeting on 19 June in Belgrade. accumulation and spread of small arms and light weapons, GENERAL ASSEMBLY ACTION Mindful of the importance of national and interna- tional activities of all relevant organizations aimed at On 22 November [meeting 57], the General As- the creation of peace, security, stability, democracy, co- sembly, on the recommendation of the First operation and economic development and the observ- Committee [A/57/504], adopted resolution 57/52 ance of human rights and good-neighbourliness in without vote [agenda item 60]. South-Eastern Europe,

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Reaffirming its determination that all nations should 9. Urges the strengthening of relations among the live together in peace with one another as good neigh- States of South-Eastern Europe on the basis of respect bours, for international law and agreements, in accordance 1. Reaffirms the need for full observance of the with the principles of good-neighbourliness and mu- Charter of the United Nations; tual respect; 2. Calls upon all States, the relevant international 10. Recognizes the efforts of the international com- organizations and the competent organs of the United munity, and welcomes in particular the assistance al- Nations to respect the principles of territorial integrity ready provided by the European Union and the Stabil- and sovereignty of all States and the inviolability of in- ity Pact for South-Eastern Europe as well as other ternational borders, to continue to take measures in ac- contributors in promoting the long-term process of cordance with the Charter and the commitments of democratic and economic development of the region; the Organization for Security and Cooperation in Eu- 11. Stresses the importance of enhanced regional co- rope and through further development of regional ar- operation for the development of the South-Eastern rangements, as appropriate, to eliminate threats to in- European States in the priority areas of infrastructure, ternational peace and security and to help to prevent transport, trade, energy and environment; conflicts in South-Eastern Europe, which can lead to 12. Also stresses that the rapprochement of the the violent disintegration of States; South-Eastern European States with the European 3. Reaffirms the urgency of consolidating South- Union will favourably influence the security, political Eastern Europe as a region of peace, security, stability, and economic situation in the region, as well as good- democracy, cooperation and economic development neighbourly relations among the States; and for the promotion of good-neighbourliness and 13 . Further stresses the importance of regional the observance of human rights, thus contributing to efforts aimed at preventing conflicts that endanger the the maintenance of international peace and security maintenance of international peace and security, and and enhancing the prospects for sustained develop- in this regard notes with satisfaction the role of the ment and prosperity for all peoples in the region as an Multinational Peace Force for South-Eastern Europe; integral part of Europe, and recognizes the role of the United Nations, the Organization for Security and Co- 14 . Emphasizes the importance of continuous re- operation in Europe and the European Union in pro- gional efforts and intensified dialogue in South- moting regional disarmament; Eastern Europe aimed at arms control, disarmament 4. Calls upon all participants in the Stability Pact for and confidence-building measures as well as strength- South-Eastern Europe, as well as all concerned inter- ening cooperation and undertaking appropriate meas- national organizations, to continue to support the ures at the national, subregional and regional levels to efforts of the States of South-Eastern Europe towards prevent all acts of terrorism; regional stability and cooperation so as to enable them 15. Recognizes the seriousness of the problem of to pursue sustainable development and integration anti-personnel mines in some parts of South-Eastern into European structures; Europe, welcomes in this context the efforts of the in- 5. Calls upon all States and relevant international ternational community in support of mine action, and organizations to contribute to the full implementation encourages States to join and support these efforts; of Security Council resolution 1244(1999) on Kosovo, 16. Urges all States to take effective measures Federal Republic of Yugoslavia, as well as Council res- against the illicit trade in small arms and light weapons olutions 1345(2001) and 1371(2001); in all its aspects and to help programmes and projects 6. Recognizes the efforts made and activities under- aimed at the collection and safe destruction of surplus taken in Kosovo by the United Nations and the Kosovo stocks of small arms and light weapons, and stresses Force for the establishment of a multi-ethnic and sta- the importance of closer cooperation among States, ble Kosovo, thus contributing to a further improve- inter alia, in crime prevention, combating terrorism, ment of the overall security situation in the region; trafficking in human beings, organized crime, drug 7. Rejects the use of violence in pursuit of political trafficking and money-laundering; aims, and stresses that only peaceful political solutions 17. Calls upon all States and the relevant interna- can assure a stable and democratic future for South- tional organizations to communicate to the Secretary- Eastern Europe; General their views on the subject of the present reso- 8. Stresses the importance of good-neighbourliness lution; and the development of friendly relations among 18. Decides to include in the provisional agenda of States, and calls upon all States to resolve their disputes its fifty-ninth session the item entitled “Maintenance with other States by peaceful means, in accordance of international security—good-neighbourliness, sta- with the Charter; bility and development in South-Eastern Europe”.

YUN02—3rd page proofs May 24 2004