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Chapter V Political and security questions Europe and the Mediterranean

In 2001, there were encouraging signs that a num- 13 August. Among its main provisions were the ber of countries in Europe and the Mediterra- cessation of hostilities, the voluntary disarma- nean were moving closer towards achieving their ment and disbandment of the ethnic Albanian goal of peace and security. In the Balkans, the armedgroups,anunconditionalceasefireandthe contentious issue of State succession was finally development of a decentralized Government. settled on 29 June, when the States successors to In Cyprus, the leaders of the Greek and Turk- the former Socialist Federal Republic of Yugosla- ish Cypriot communities, in a 4 December face- via (SFRY) signed the Agreement on Succession to-face meeting in the presence of the Secretary- Issues, providing for the distribution of SFRY’s General’s Personal Adviser for Cyprus, agreed rights, obligations, assets and liabilities. Follow- to hold direct talks under the auspices of the ing the change of Government in the Federal Re- Secretary-General’s mission of good offices. They public of Yugoslavia (FRY) in 2000, relations with further agreed on the conditions for such talks, Croatia improved, leading to their joint state- which would begin on 16 January 2002. ment of intent to further normalize bilateral re- In Georgia, however, the peace process aimed lations and to elaborate a protocol on the identifi- at resolving the Georgian/Abkhaz armed con- cation of borders and the delimitation on land flict remained stalled. The long-awaited paper and sea, for which they established an inter-State on the basic principles for the distribution of border commission on 10 December. competencies between Tbilisi and Sukhumi was The United Nations Mission in Bosnia and finalized in mid-December. The paper, which Herzegovina continued to pursue its Mandate the Special Representative of the Secretary- Implementation Plan, which was due to be com- General transmitted to the parties, was to serve as pleted by the end of 2002. In anticipation of the the basis for substantial negotiations towards a Plan’s completion, the Security Council began to comprehensive settlement, including a defini- consider proposals as to what form continued UN tion of the political status of Abkhazia within the and international civilian presences in Bosnia State of Georgia. Adamant in its rejection of any and Herzegovina would take thereafter. suggestion that Abkhazia was within the State of Between March and May, the United Nations Georgia, the Abkhaz party was not prepared to InterimAdministrationMissioninKosovo,headed receive the paper. by the Special Representative of the Secretary- Attempts to bring about a settlement in the General, began laying the foundations for the in- Nagorny-Karabakh region of Azerbaijan also terim period of self-government in the FRY prov- proved unsuccessful. Both sides of the conflict ince of Kosovo. That culminated in the Special remained entrenched in their positions: Azerbai- Representative’s promulgation on 16 May of a jan maintained that Nagorny Karabakh was an Constitutional Framework for Provisional Self- integral part of the State of Azerbaijan, while Government, which paved the way for Kosovo- Nagorny Karabakh’s leadership considered the re- wide elections on 17 November. Formation of a gion a separate, independent entity, referring to coalition Government and establishment of the it as the “Nagorno-Karabakh Republic”. provisionalself-governmentinstitutionsfollowed. On the Secretary-General’s recommendation, the Security Council, on 10 September, termi- The former Yugoslavia nated the sanctions imposed on FRY and dis- solved the committee that had been monitoring them. With the improved situation in the ground safety zone—the buffer zone between Kosovo and UN operations Serbia proper—the North Atlantic Treaty Or- The United Nations continued efforts to re- ganization allowed the phased return of Yugoslav store peace and stability in the territories of the forces to the area. former Yugoslavia through its peacekeeping mis- IntheformerYugoslavRepublicofMacedonia, sions: the United Nations Mission in Bosnia and thePresidentand theleaders ofthefourmain pol- Herzegovina (UNMIBH), the United Nations Mis- itical parties signed a Framework Agreement on sion of Observers in Prevlaka (UNMOP) and the

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United Nations Interim Administration Mission In the light of the chronic cash shortage of the in the FRY province of Kosovo (UNMIK). The combined forces, the Secretary-General sought Secretary-General’s Special Envoys for the Bal- the Assembly’s agreement to the continued tem- kans, Carl Bildt (Sweden) and Eduard Kukan porary suspension of financial regulations 4.3, (Slovakia), also continued in their functions. 4.4 and 5.2 (d) in respect of the remaining sur- The Security Council extended the mandates plus of $174,743,027 gross ($175,519,370 net). The of UNMIBH, which included the International Advisory Committee on Administrative and Bud- Police Task Force, until 21 June 2002 and of getary Questions (ACABQ), in its April report UNMOP until 15 January 2002. [A/55/886], concurred with the Secretary-General’s The Secretary-General, on 1 March [S/2001/ recommendation. 194], informed the Security Council President that he had asked his Special Envoys to continue GENERAL ASSEMBLY ACTION their efforts until midyear, and beyond if re- On 14 June [meeting 103], the General Assembly, quired, to promote peace and stability in the Bal- on the recommendation of the Fifth (Adminis- kans. The Council noted that request on 6 March trative and Budgetary) Committee [A/55/961], [S/2001/195]. adopted resolution 55/265 without vote [agenda item 140]. Financing of previous Financing of the United Nations Protection Force, peacekeeping operations the United Nations Confidence Restoration Operation in Croatia, the United Nations Preventive Deployment Force and the UNPF and UNPF-HQ United Nations Peace Forces headquarters In March [A/55/840], the Secretary-General, in The General Assembly, response to General Assembly resolution 54/269 Having considered the report of the Secretary-General [YUN 2000, p. 325], submitted the financial per- on the financing of the United Nations Protection formance report of the United Nations Protec- Force, the United Nations Confidence Restoration Op- tion Force (UNPROFOR), which ended in 1999,the eration in Croatia, the United Nations Preventive De- United Nations Confidence Restoration Opera- ployment Force and the United Nations Peace Forces headquarters and the related report of the Advisory tion in Croatia (UNCRO), which ended in 1996, Committee on Administrative and Budgetary Ques- the United Nations Preventive Deployment Force tions, (UNPREDEP), which ended in 1999—known col- Recalling Security Council resolutions 727(1992) of lectively as the United Nations Peace Forces 8 January 1992 and 740(1992) of 7 February 1992, in (UNPF)—and UNPF headquarters (UNPF-HQ). which the Council endorsed the sending of a group of Reimbursements to troop-contributing Gov- military liaison officers to Yugoslavia to promote main- ernments for troop costs had been made in full, tenance of the ceasefire, apart from $1,358,146 being held in accounts pay- Recalling also Security Council resolution 743(1992) able awaiting payment instructions from one of 21 February 1992, by which the Council established the United Nations Protection Force, and the subse- Government. Also being held in accounts pay- quent resolutions by which the Council extended and able were certified claims totalling $219,991,166 expanded its mandate, for amounts owed for contingent-owned equip- Recalling further Security Council resolution 981 ment and $15,022,361 for related losses. An esti- (1995) of 31 March 1995, by which the Council estab- mated $29 million in additional claims for equip- lished the United Nations Confidence Restoration Op- ment losses was awaiting approval. Claims for eration in Croatia, to be known as UNCRO, goods and services amounting to $12.8 million Recalling Security Council resolution 983(1995) of 31 were recorded in accounts payable as at 31 De- March 1995, by which the Council decided that the cember 2000. United Nations Protection Force within the former Yugoslav Republic of Macedonia should be known as The unencumbered balance of appropriations the United Nations Preventive Deployment Force, stood at $174,743,027 gross ($175,519,370 net); how- Recalling also Security Council resolution 1025(1995) ever, there was no corresponding cash balance. of 30 November 1995, in which the Council decided to In addition, although the operating deficit terminate the mandate of the United Nations Confi- decreased from $353,288,018 in 1999 to dence Restoration Operation in Croatia on 15 January $305,889,451 in 2000, the shortage of cash in the 1996, UNPF special account remained a critical prob- Recalling further Security Council resolution 1031 lem, owing to the high level of unpaid assessed (1995) of 15 December 1995, in which the Council de- cided to terminate the mandate of the United Nations contributions to UNPF, which, at 31 December Protection Force on the date on which the Secretary- 2000, totalled $616,724,373. Consequently, certi- General reported that the transfer of authority from fied government claims had had to be placed in the United Nations Protection Force to the Implemen- accounts payable. tation Force had taken place,

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Recalling the letter dated 1 February 1996 from the 7. Endorses the conclusions and recommendations President of the Security Council to the Secretary- contained in the report of the Advisory Committee on General, informing him of the Council’s concurrence Administrative and Budgetary Questions, and requests in principle that the United Nations Preventive Deploy- the Secretary-General to ensure their full implementa- ment Force should become an independent mission, tion; Recalling also its resolution 46/233 of 19 March 1992 8. Decides to suspend for the immediate future on the financing of the United Nations Protection the provisions of regulations 4.3, 4.4 and 5.2 (d) of the Force and its subsequent resolutions and decisions financial regulations of the United Nations in respect thereon, the latest of which was resolution 54/269 of 15 of the remaining surplus of 174,743,027 dollars gross June 2000, (175,519,370 dollars net) in order to allow for reimburse- Reaffirming that the costs of the combined Forces are ments to troop contributors and in the light of the cash expenses of the Organization to be borne by Member shortage of the combined Forces, and requests the States in accordance with Article 17,paragraph 2, of the Secretary-General to provide an updated report in one Charter of the United Nations, year; Recalling its previous decisions regarding the fact 9. Emphasizes that no peacekeeping mission shall be that, in order to meet the expenditures caused by the financed by borrowing funds from other active peace- combined Forces, a different procedure is required keeping missions; from that applied to meet expenditures of the regular 10. Decides to include in the provisional agenda of budget of the United Nations, its fifty-sixth session the item entitled “Financing of Taking into account the fact that the economically the United Nations Protection Force, the United more developed countries are in a position to make Nations Confidence Restoration Operation in Croatia, relatively larger contributions and that the economi- the United Nations Preventive Deployment Force and cally less developed countries have a relatively limited the United Nations Peace Forces headquarters”. capacity to contribute towards such operations, Bearing in mind the special responsibilities of the On 24 December, the Assembly decided that States permanent members of the Security Council, as the item on the financing of UNPROFOR, UNCRO, indicated in General Assembly resolution 1874(S-IV)of UNPREDEP and UNPF-HQ would remain for con- 27 June 1963, in the financing of such operations, sideration during its resumed fifty-sixth (2002) Noting with appreciation that voluntary contributions session (decision 56/464) and that the Fifth have been made to the combined Forces by certain Gov- Committee should continue to consider the item ernments, Mindful of the fact that it is essential to provide the at that session (decision 56/458). combined Forces with the necessary financial re- sources to enable them to meet their outstanding lia- UNTAES and UN Civilian Police Support Group bilities, By decision 55/501 of 7 September, the Gen- 1. Takes note of the status of contributions to the eral Assembly included in the draft agenda of its combined Forces as at 30 April 2001, including the con- tributions outstanding in the amount of 615.8 million fifty-sixth session the item on financing of the United States dollars, representing 13 per cent of the United Nations Transitional Administration for total assessed contributions from the inception of the Eastern Slavonia, Baranja and Western Sirmium United Nations Protection Force to the period ending (UNTAES) and the Civilian Police Support Group. 30 June 1997, notes that some 63 per cent of the Mem- On 24 December, the Assembly decided that ber States have paid their assessed contributions in full, the item on the financing of UNTAES and the and urges all other Member States concerned, in par- Civilian Police Support Group would remain ticular those in arrears, to ensure payment of their out- standing assessed contributions in full; for consideration during its resumed fifty-sixth 2. Expresses its appreciation to those Member States (2002) session (decision 56/464) and that the which have paid their assessed contributions in full; Fifth Committee should continue to consider the 3. Expresses concern about the financial situation item at that session (decision 56/458). with regard to peacekeeping activities, in particular as regards the reimbursements to troop contributors that UNPREDEP bear additional burdens owing to overdue payments by Member States of their assessments; The General Assembly, at its resumed fifty- 4. Also expresses concern at the delay experienced by fifth (2001) session, considered the Secretary- the Secretary-General in deploying and providing ade- General’s September 2000 report [A/55/390] on quate resources to some recent peacekeeping missions, the final disposition of UNPREDEP’s assets [YUN in particular those in Africa; 2000, p. 328], seeking authority from the Assembly 5. Emphasizes that all future and existing peace- for the transfer to the Government of the former keeping missions shall be given equal and non- Yugoslav Republic of Macedonia (FYROM)ofas- discriminatory treatment in respect of financial and sets consisting of observation towers and non- administrative arrangements; expendable equipment within the observation 6. Also emphasizes that all peacekeeping missions shall be provided with adequate resources for the effec- posts with an inventory value of $1,705,200. tive and efficient discharge of their respective man- ACABQ, in its related report [A/55/870], recom- dates; mended approval of the transfer. Noting, how-

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 323 ever, that the transfer had already been made particularly through the United Nations Mission under “temporary possession” arrangements of Observers in Prevlaka (UNMOP), which moni- pending the Assembly’s approval, ACABQ ob- tored the demilitarization of the peninsula and served that such proposals should be submitted neighbouring territories in Croatia and FRY. The to it before the actual transfer, whether under Security Council renewed UNMOP’s mandate un- “temporary possession” or otherwise. Noting til 15 January 2002. also that assets of $79,600 had been written off as As relations between the two countries im- unaccounted for due to the liquidation team’s in- proved and with their declarations of intent to ability to identify the names of military officials work towards a negotiated settlement, bilateral who received some of the equipment provided to negotiations on Prevlaka, which had been stalled the battalions, ACABQ trusted that, since the field for two years, resumed in June 2001. The leaders assets control system (see p. 102) was fully opera- of the two countries also issued a joint statement tional, such instances would be reduced, pointing on the further normalization of bilateral rela- out that, as a general rule, UN officials should be tions, in accordance with the 1996Agreement on designated to receive, inspect and report on Normalization of Relations between them [YUN equipment provided to missions. 1996,p. 340]. In November, their Foreign Ministers By decision 55/484 of 14 June, the Assembly agreed to elaborate a protocol on the identifica- took note of the Secretary-General’s report and tion of borders and the delimitation on land and the related ACABQ report, and approved the sea. As a follow-up, the first meeting was held on donation of observation towers and non- 10 December, at which an inter-State border com- expendable equipment within the observation mission was established. posts to FYROM. Despite the long-standing violations of the On 24 December, the Assembly decided that agreed security regime in the UN-controlled the item on UNPREDEP’s financing would remain zones, including limitations on the free move- for consideration at its resumed fifty-sixth (2002) ment of UN military observers, the situation session (decision 56/464) and that the Fifth there remained stable and calm. In June, Croatia Committee should continue to consider the item disbanded its Special Police stationed on its side at that session (decision 56/458). of the demilitarized zone (DMZ), replacing it with a Police Intervention Unit, and also significantly reduced the number of its regular police there. State succession issues The High Representative for the Implementa- Bilateral negotiations tion of the Peace Agreement on Bosnia and Her- On 5 January [S/2001/13], Croatia said that the zegovina [YUN 1995, p. 544] reported in July [S/2001/ emergence of the new Government in FRY [YUN 723] that, in accordance with his mandate, he, to- 2000, p. 384] raised hopes that an overall lasting so- gether with the Special Negotiator, Sir Arthur lution could be reached on the question of Pre- Watts (United Kingdom), mediated the final vlaka through bilateral contacts between Croatia round of negotiations for the succession of the and FRY and its Republic of Montenegro. Croatia Socialist Federal Republic of Yugoslavia (SFRY)in expected bilateral talks to commence as soon Vienna. That resulted in the Agreement on Suc- as possible and declared its intention to take cession Issues, providing for the distribution of account of FRY’s security concerns and to endeav- the rights, obligations, assets and liabilities of our to resolve the issue in the spirit of good- SFRY, which its five successor States—Bosnia and neighbourliness. The Secretary-General’s April Herzegovina, Croatia, Slovenia, FYROM and the report on UNMOP [S/2001/350] indicated, however, Federal Republic of Yugoslavia (FRY)—initialled that no further meetings of the negotiating teams on 25 May. The High Representative reported in had taken place and the parties continued to hold September [S/2001/868] that the five States had divergent views on resolving the dispute. formally signed the Agreement on 29 June in Vi- FRY stated its belief on 3 July [S/2001/668] that enna. conditions existed for the two countries to arrive The General Assembly, in resolution 56/215 at a satisfactory solution through negotiations, (see p. 327), welcomed the Agreement and its im- with full respect for the interests of both sides. plementation. Regardless of their differing views, FRY contin- ued to believe that gradualism, the strengthening of confidence and the taking of specific steps Prevlaka peninsula aimed at creating conditions conducive to reach- In 2001, the United Nations continued to ex- ing a final agreement on the determination of plore ways to advance the political process relat- land, water and sea borders between FRY and ing to the dispute over the Prevlaka peninsula, Croatia were the best way to proceed.

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In his July report on UNMOP [S/2001/661], the mentation of existing bilateral agreements should Secretary-General said that the two countries had continue and measures undertaken to ensure the held meetings on bilateral issues, including Pre- equal protection of minorities in both countries. vlaka. In addition to working-level discussions, All obstacles to the return of refugees and ex- Croatian and Yugoslav officials had met in the pelled persons should be removed, and maxi- Yugoslav capital of Belgrade on 11 June and in mum efforts exerted to ensure that persons miss- Vienna on 28 June. The United Nations did not ing in action were accounted for. participate in those meetings, during which the They acknowledged that a stable and demo- Prevlaka issue was broached. cratic Bosnia and Herzegovina based on the Gen- On 9 July [S/2001/680], Croatia welcomed the eral Framework Agreement for Peace in Bosnia resumption of bilateral contacts. It said that it was and Herzegovina [YUN 1995, p. 544] was in the last- encouraged by FRY’s political will to engage ac- ing interest, not only of their two countries, but tively in the quest for a solution to the Prevlaka also of the region as a whole, and reaffirmed that issue and was ready to start negotiations on the Croatia and FRY had no claims to any part of the delimitation of the maritime border based on in- territory of Bosnia and Herzegovina. ternational law as soon as possible. In a later report on UNMOP [S/2002/1], the UN Mission of Observers in Prevlaka (UNMOP) Secretary-General said that Croatia and FRY con- The United Nations Mission of Observers in tinued to maintain contacts. Their Foreign Min- Prevlaka continued in 2001 to monitor the de- isters met on 11 November in New York and militarization of the disputed Prevlaka peninsula issued a joint statement declaring their intention and the neighbouring areas in Croatia and FRY, to set up an inter-State commission to address to hold periodic meetings with local authorities outstanding issues concerning their common and to maintain contact with the Belgrade and land and sea borders and to examine further the Zagreb authorities. It further maintained co- issue of demilitarization. In separate meetings operation with the multinational Stabilization with the Secretary-General on 14November, they Force (SFOR) in Bosnia and Herzegovina (see expressed their Governments’ commitment to p. 344). UNMOP’s areas of responsibility were in continue working bilaterally towards a peaceful, two UN-designated zones: the DMZ (Yellow Zone) negotiated solution to the Prevlaka dispute. The and the UN-controlled zone (Blue Zone). Until Secretary-General assured them of UN assist- 15 September, UNMOP, which comprised 27 mili- ance, should it be required. tary observers, had been under the command of On 28 December [S/2001/1301], FRY informed Chief Military Observer Colonel Graeme Roger the Security Council President that, as a follow- Williams (New Zealand). He was replaced by up to the Foreign Ministers’ November decision Colonel Rodolfo Sergio Mujica (Argentina), who to elaborate a protocol on the principle of the was appointed through an exchange of letters be- identification of borders and the delimitation on tween the Secretary-General [S/2001/872] and the land and sea, a meeting was held on 10 Decem- Security Council [S/2001/873]. ber, at which an inter-State border commission The Council extended UNMOP’s mandate was established. twice during the year, to 15 July 2001 and to 15 January 2002. Normalization of relations Although an independent mission, UNMOP The Presidents of Croatia, Stjepan Mesic, and was, for administrative and budgetary purposes, of FRY, Vojislav Kostunica, issued a joint state- treated as part of UNMIBH. (For the financing of ment on their talks on 8 June in Verbania, Italy UNMOP, see p. 337.) [A/56/116-S/2001/617], on the state of relations be- tween their countries and on the situation in the SECURITY COUNCIL ACTION broader region. They announced their readiness On 12January [meeting 4256], the Security Coun- to continue to maintain periodic contacts in order cil, having considered the Secretary-General’s to give a fresh impetus to the region’s stabiliza- December2000reporton UNMOP [YUN2000,p.335], tion and reaffirmed their commitment in princi- unanimously adopted resolution 1335 (2001). ple to a policy of peace and resolution of all out- Thedraft [S/2001/34] waspreparedinpriorconsul- standing questions through negotiations. tations. The Presidents acknowledged that Croatia-FRY relations should be built with a view to achieving The Security Council, Recalling all its earlier relevant resolutions, includ- full normalization and be expanded in all areas ing resolutions 779(1992) of 6 October 1992, 981(1995) of mutual interest. To that end, special emphasis of 31 March 1995, 1088(1996) of 12 December 1996, should be placed on facilitating the free move- 1147(1998) of 13 January 1998, 1183(1998) of 15 July ment of persons, commodities and ideas. Imple- 1998, 1222(1999) of 15 January 1999, 1252(1999) of 15

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July 1999, 1285(2000) of 13 January 2000, 1305(2000) Prevlaka peninsula, in accordance with resolutions of 21 June 2000 and 1307(2000) of 13 July 2000, 779(1992) and 981(1995) and paragraphs 19 and 20 of Having considered the report of the Secretary-General the report of the Secretary-General of 13 December of 29 December 2000 on the United Nations Mission of 1995, until 15 July 2001; Observers in Prevlaka, 2. Reiterates its call upon the parties to cease all vio- Recalling the letters addressed to its President from lations of the demilitarized regime in the United the Chargé d’affaires a.i. of the Permanent Mission of Nations designated zones, to take steps further to re- the Federal Republic of Yugoslavia of 22 December duce tension and to improve safety and security in the 2000 and from the Permanent Representative of Croa- area, to cooperate fully with the United Nations mili- tia of 5 January 2001, concerning the disputed issue of tary observers and to ensure their safety and full and Prevlaka, unrestricted freedom of movement; Reaffirming once again its commitment to the indepen- 3. Calls upon the parties to resume talks on the dis- dence, sovereignty and territorial integrity of the puted issue of Prevlaka as soon as possible and encour- Republic of Croatia within its internationally recog- ages them to make use of the recommendations and op- nized borders, tions to develop confidence-building measures with Noting once again that the Joint Declaration signed at which they were provided pursuant to its request in Geneva on 30 September 1992 by the Presidents of the resolution 1252(1999) with a view to, inter alia, further Republic of Croatia and the Federal Republic of Yugo- facilitating the freedom of movement of the civilian slavia, in particular articles 1 and 3 thereof, the latter population, and requests the Secretary-General to re- reaffirming their agreement concerning the demilita- port by 15 April 2001; rization of the Prevlaka peninsula, 4. Urges once again that the parties abide by their Noting with satisfaction that the overall situation in mutual commitments and implement fully the Agree- the area of responsibility of the Mission has remained ment on Normalization of Relations between the Re- stable and calm, public of Croatia and the Federal Republic of Yugosla- Reiterating its concern about continuing violations of via, and stresses in particular the urgent need for them the demilitarization regime, including limitations to fulfil rapidly and in good faith their commitment to placedonthefreemovementofUnitedNationsmilitary reach a negotiated resolution of the disputed issue of observers, Prevlaka in accordance with article 4 of the Agreement; Noting with satisfaction that the opening of crossing 5. Requests the parties to continue to report at least points between Croatia and the Federal Republic of bimonthly to the Secretary-General on the status of Yugoslavia in the demilitarized zone continues to facili- their bilateral negotiations; tate civilian and commercial traffic in both directions 6. Reiterates its call upon the parties to put a compre- without security incidents and continues to represent a hensive demining programme in place in the identified significant confidence-building measure in the nor- minefields in the area of responsibility of the United malization of relations between the two parties, and Nations Mission of Observers in Prevlaka; urging the parties to utilize these openings as a basis for 7. Requests the United Nations military observers further confidence-building measures to achieve the and the multinational Stabilization Force authorized by normalization of relations between them, the Council in resolution 1088(1996) of 12 December Welcoming the commitment of the democratic gov- 1996and extended by resolution 1305(2000) of 21 June ernments of Croatia and the Federal Republic of Yugo- 2000 to cooperate fully with each other; slavia, as expressed by the Prime Minister of the Fed- 8. Decides to remain seized of the matter. eral Government of the Federal Republic of Yugoslavia and the Foreign Minister of Croatia, to resume as soon Reports of Secretary-General (April and as possible bilateral talks on the disputed issue of Pre- July). The Secretary-General, in his April report vlaka pursuant to the Agreement on Normalization of Relations between the Republic of Croatia and the Fed- on UNMOP [S/2001/350], said that the situation in eral Republic of Yugoslavia of 23 August 1996, which the DMZ and the UN-controlled zone remained would end a long period during which no substantive stable and calm. In the latter zone, the long- progress was made on the issue, standing violations of the security regime re- Expressing its concern over the delay in putting in place mained unchanged, with both parties continuing a comprehensive demining programme by the parties, to maintain police positions on their respective Commending the role played by the Mission, and not- sides of the zone and manned Croatian and Mon- ing that the presence of the United Nations military observers continues to be essential to maintaining con- tenegrin checkpoints at Cape Kobila. On 21 ditions that are conducive to a negotiated settlement of March, the Chief Military Observer, escorting a the disputed issue of Prevlaka, visiting representative of a Security Council Recalling the relevant principles contained in the member, was denied permission to proceed Convention on the Safety of the United Nations and through the Croatian-erected checkpoint. In vio- Associated Personnel of 9 December 1994 and the lation of the regime forbidding entry of civilians statement of its President of 10 February 2000, into the zone, a civilian van was observed within Welcoming and encouraging efforts by the United it on 17 March, reportedly conducting a survey Nations to sensitize peacekeeping personnel in the pre- on behalf of the Croatian telecommunications vention and control of HIV/AIDS and other communi- cable diseases in all its peacekeeping operations, authorities. 1. Authorizes the United Nations military observers No new developments were reported concern- to continue monitoring the demilitarization of the ing the 1999 package of recommendations and

YUN01—REPROS-cxs jUNE 19 2003 326 Political and security questions options for confidence-building [YUN 1999, p. 312] 3 [S/2001/668] July, respectively, to the Council conveyed to the parties by the Secretariat. During President. recent consultations with UNMOP, neither party expressed an interest in pursuing the options that SECURITY COUNCIL ACTION formed part of the package. On 11 July [meeting 4346], the Security Council The Secretary-General said it was incumbent unanimously adopted resolution 1362(2001). on the parties to resume discussions aimed at The draft [S/2001/681] was prepared in consulta- reaching a negotiated solution. In that regard, tions among Council members. the package for confidence-building mentioned above remained available as a way of achieving The Security Council, progress, and UNMOP stood ready to assist in the Recalling all its earlier relevant resolutions, includ- ing resolutions 779(1992) of 6 October 1992, 981(1995) development of practical arrangements to give of 31 March 1995, 1088(1996) of 12 December 1996, effect to any agreement that the parties might 1147(1998) of 13 January 1998, 1183(1998) of 15 July reach. He intended to explore with them ways to 1998, 1222(1999) of 15 January 1999, 1252(1999) of 15 move the political process forward. July 1999, 1285(2000) of 13 January 2000, 1307(2000) In his July report [S/2001/661], the Secretary- of 13 July 2000, 1335(2001) of 12 January 2001 and General advised the Council that UNMOP had 1357(2001) of 21 June 2001, been informed by Croatia that it was disbanding Having considered the report of the Secretary-General the Special Police that helped to maintain control of 3 July 2001 on the United Nations Mission of Ob- servers in Prevlaka, of the DMZ and replacing it with a newly formed Police Intervention Unit and regular uniformed Recalling the letters to its President from the Chargé d’affaires a.i. of the Federal Republic of Yugoslavia of police. The number of Croatian police stationed 5 July 2001 and from the Chargé d’affaires a.i. of the in the DMZ had since been significantly reduced. Republic of Croatia of 9 July 2001 addressed to the However, there was no change in the disposition President of the Security Council concerning the dis- of the Montenegrin Border Police and Special puted issue of Prevlaka, Police personnel stationed on the Yugoslav side. Reaffirming once again its commitment to the indepen- On 19 and 22 June, Croatian officials at the dence, sovereignty and territorial integrity of the Re- Brgat/Ivancia crossing point between Bosnia and public of Croatia within its internationally recognized Herzegovina and Croatia prevented UN vehicles borders, carrying administrative supplies from UNMIBH Noting once again the Joint Declaration signed at Geneva on 30 September 1992 by the Presidents of the to UNMOP from transiting through Croatia. Republic of Croatia and the Federal Republic of Yugo- In the UN-controlled zone, where the number slavia, in particular articles 1 and 3, the latter reaffirm- of Croatian police stationed had also been re- ing their agreement concerning the demilitarization of duced, each side currently maintained a strength the Prevlaka peninsula, and the Agreement on Nor- of 10 police. The agreed security regime in the malization of Relations between the Republic of Croa- zone continued to be violated by both sides per- tia and the Federal Republic of Yugoslavia of 23 August mitting the unauthorized entry of civilians, in- 1996, cluding: police-escorted busloads of some 100 Noting with satisfaction that the overall situation in the area of responsibility of the Mission has remained sta- sightseers from Croatia on 16 April; a vehicle ble and calm despite continuing violations of the de- bearing Croatian military licence plates on 25 militarization regime, including limitations placed on April; and, on 29 April, some 60 vehicles from the free movement of United Nations military observ- Croatia carrying about 120 persons protesting a ers, government decision on land ownership. Noting with satisfaction that the opening of crossing The Secretary-General concluded that, while points between Croatia and the Federal Republic of the parties remained committed to reaching a ne- Yugoslavia in the demilitarized zone continues to facili- gotiated solution on Prevlaka, he was of the view tate civilian and commercial traffic in both directions without security incidents and continues to represent a that more time was required for progress to be significant confidence-building measure in the nor- made. Croatia’s reduction of the number of its malization of relations between the two parties, and police in the DMZ reflected its confidence that the urging the parties to utilize these openings as a basis for area was likely to remain calm and stable—an as- further confidence-building measures to achieve the sessment that accorded with UNMOP’s. To ensure normalization of relations between them, that calm and to maintain the stability essential Welcoming the joint statement by the Presidents of the for meaningful progress towards a political settle- Republic of Croatia and the Federal Republic of Yugo- ment, the Secretary-General recommended that slavia issued in Verbania, Italy, on 8 June 2001 in which they expressed their commitment to normalize the bi- UNMOP ’s mandate be extended for a further six lateral relations between their countries, with a special months, to 15 January 2002. emphasis on facilitating the free movement of persons, That recommendation was supported by commodities and ideas, and to implement bilateral Croatia and FRY in letters of 9 [S/2001/680] and agreements already signed,

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Commending the role played by the Mission, and not- ing that the presence of the United Nations military Bosnia and Herzegovina observers continues to be essential to maintaining con- ditions that are conducive to a negotiated settlement of the disputed issue of Prevlaka, Recalling the relevant principles contained in the In 2001, the United Nations Mission in Bosnia Convention on the Safety of the United Nations and and Herzegovina (UNMIBH) continued its efforts Associated Personnel of 9 December 1994 and the to bring about as complete a fulfilment as possi- statement by its President of 9 February 2000, ble of the provisions set forth in the 1995 General Welcoming and encouraging efforts by the United Framework Agreement for Peace in Bosnia and Nations to sensitize peacekeeping personnel in the pre- Herzegovina and the annexes thereto (collectively vention and control of HIV/AIDS and other communi- the Peace Agreement) [YUN 1995, p. 544] by the two cable diseases in all its peacekeeping operations, multi-ethnic entities of the Republic of Bosnia 1. Authorizes the United Nations military observers and Herzegovina: the Federation of Bosnia and to continue monitoring the demilitarization of the Prevlaka Peninsula, in accordance with resolutions Herzegovina (where mainly Bosnian Muslims 779(1992) and 981(1995) and paragraphs 19 and 20 (Bosniacs) and Bosnian Croats resided); and Re- of the report of the Secretary-General of 13 Decem- publika Srpska (where mostly Bosnian Serbs re- ber 1995, until 15 January 2002, and requests the sided). Secretary-General to continue to report to the Council As designated by the 1995 Peace Implementa- where appropriate; tion Conference [ibid., p. 547] and with the Security 2. Reiterates its call upon the parties to cease all vio- Council’s agreement in resolution 1031(1995) lations of the demilitarized regime in the United [YUN 1995, p. 548], the High Representative for the Nations designated zones, to cooperate fully with the Implementation of the Peace Agreement on Bos- United Nations military observers and to ensure their safety and full and unrestricted freedom of movement; nia and Herzegovina, under the overall manage- ment of the Peace Implementation Council and 3. Welcomes the resumption of talks between the Governments of the Republic of Croatia and the Fed- its Steering Board and in cooperation with UN- eral Republic of Yugoslavia, and urges the parties to MIBH, continued to monitor, mobilize and coor- continue their talks with the aim of fulfilling rapidly dinate the implementation activities by the par- and in good faith their commitment to a negotiated ties of the Peace Agreement’s civilian aspects resolution on the disputed issue of Prevlaka in accord- [ibid., p. 547]. The multinational Stabilization Force ance with article 4 of the Agreement on Normalization (SFOR), under the command of the North Atlan- of Relations; tic Treaty Organization (NATO), likewise contin- 4. Encourages the parties to consider all confidence- ued to oversee their compliance with the Agree- building measures, including the options provided to ment’s military aspects, in addition to lending them pursuant to resolution 1252(1999), that could help facilitate a solution to the disputed issue of Pre- support to UNMIBH. vlaka; Progress in the peace implementation process 5. Requests the parties to continue to report at least and related political developments in the country bimonthly to the Secretary-General on the status of during the year (detailed in the following sections) their bilateral negotiations; was reported at regular intervals to the Council 6. Requests the United Nations military observers by the Secretary-General and by the High Rep- and the multinational Stabilization Force authorized by resentative and SFOR through the Secretary- the Council in resolution 1088(1996) of 12 December General. 1996 and extended by resolution 1357(2001) of 21 June In anticipation of the completion of UNMIBH’s 2001 to cooperate fully with each other; core mandate by the end of 2002 as scheduled, 7. Decides to remain seized of the matter. the Council, in addition to extending UNMIBH until July of that year, began to consider what Further developments. In a later report on form a continued UN and international civilian UNMOP [S/2002/1], the Secretary-General said presence in the country would take beyond 2002. that more than 85 per cent of the recorded unau- thorized entries in the UN-controlled zone in GENERAL ASSEMBLY ACTION 2001 had occurred from the Croatian side. On 21 On 21 December [meeting 91], the General As- September, a twin-engine jet originating from sembly adopted resolution 56/215 [draft: A/56/ Montenegro overflew the zone, and, on 8 No- L.65 & Add.1] without vote [agenda item 40]. vember, Croatian workmen employed a trench- digger to lay a communications cable in the zone. The situation in Bosnia and Herzegovina The General Assembly, In November, Croatia began a demining pro- Recalling its resolution 55/24 of 14 November 2000 gramme in a section of the northern DMZ, which and all previously adopted resolutions, as well as all was to continue until May 2002. There was no sys- relevant resolutions of the Security Council, regarding tematic demining on the Yugoslav side. the situation in Bosnia and Herzegovina,

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Reaffirming its support for the independence, sover- filling the conditions for entry into the Council of eignty, legal continuity and territorial integrity of Bos- Europe, especially the adoption of the electoral law, nia and Herzegovina, within its internationally recog- welcoming the progress made in fulfilling conditions nized borders, and also reaffirming its support for the towards participation in the European Union Stabiliza- equality of the three constituent peoples and others in tion and Association Agreement, and stressing that the Bosnia and Herzegovina as a united country, with two Stability Pact for South-Eastern Europe provides an ad- multi-ethnic entities, according to the General Frame- ditional contribution to the improvement of regional work Agreement for Peace in Bosnia and Herzegovina cooperation, and the annexes thereto (collectively the “Peace Agree- Welcoming the significant improvement of the overall ment”), signed in Paris on 14 December 1995, which mutual cooperation among the successor States of constitute the key mechanism for the achievement of a former Yugoslavia and the region as a whole, also wel- durable and just peace in Bosnia and Herzegovina, coming the Memorandum of Understanding on intra- Noting the significant progress that has been made regional trade liberalization signed on 27 June 2001 in since 1995 in implementing the provisions of the Peace Brussels, the agreement reached in Vienna regarding Agreement, strengthening the rule of law in all of Bos- the succession of former Yugoslavia and its implemen- nia and Herzegovina, and consolidating Bosnia and tation, and underlining the importance of the Herzegovina as a modern democratic State and civic so- establishment of diplomatic relations between the Fed- ciety, fully respectful of the rule of law and committed eral Republic of Yugoslavia and Bosnia and Herze- to encouraging economic growth and promoting well- govina, being for all its citizens, Reaffirming the need to combat corruption, smug- Welcoming the commitment of the Government to gling, human trafficking, organized crime, and ex- speeding up the overall process of the reconstruction tremism and other illegal activities, and noting in that and democratization of Bosnia and Herzegovina, and regard the establishment of the State Border Service, noting the gradual progress that has been made in the which is expected to be completed in 2002, development of efficient common institutions of Bos- Recognizing the importance of demining and assist- nia and Herzegovina, ance to mine victims for the safety of citizens of Bosnia Noting that corruption and the lack of transparency and Herzegovina, and for the return of refugees and seriously hamper the economic development of Bosnia internally displaced persons, and Herzegovina, reiterating the need to combat all Welcoming the achievements, and encouraging fur- corruption, welcoming the important contribution ther efforts, in reducing military assets in line with the made in that regard by the Customs and Fiscal Assist- Agreement on Subregional Arms Control, welcoming ance Office, and expressing its full support for the the finalizing of the negotiations led by the Organiza- efforts of the Council of Ministers of Bosnia and Her- tion for Security and Cooperation in Europe within the zegovina and local bodies and of others that are sup- framework of article V of annex 1-B of the Peace portive in that regard, Agreement, and emphasizing the importance of the Welcoming the overall progress that has been made declaration issued by the Joint Presidency of Bosnia in supporting the return of refugees to all parts of the and Herzegovina to commence the process of the for- country, and reaffirming the most important principle mal admission of Bosnia and Herzegovina to the Part- that all who were forced to leave should feel free and nership for Peace, secure to return to their homes, 1. Notes that it is the people and the Council of Min- Noting the importance for the future of Bosnia isters of Bosnia and Herzegovina who are ultimately and Herzegovina for prosecutors to conclude success- responsible for the future of the country, and urges fully their investigation of war crimes and the where- them to work rapidly and intently on economic reform, abouts of those still missing after the war in Bosnia refugee returns, joint State institution-building and and Herzegovina, as well as the importance of full full respect for the rule of law; cooperation with the International Tribunal for the 2. Calls for the full and early implementation of Prosecution of Persons Responsible for Serious Viola- the General Framework Agreement for Peace in Bosnia tions of International Humanitarian Law Committed and Herzegovina and the annexes thereto (collectively in the Territory of the Former Yugoslavia since 1991, es- the “Peace Agreement”) which is essential for stability pecially with regard to surrendering all already and cooperation in the region and the reintegration of indicted war criminals to the Tribunal, Bosnia and Herzegovina at all levels; Welcoming the efforts of the High Representative for 3. Welcomes the progress that has been made to- the Implementation of the Peace Agreement on Bosnia wards the implementation of the Peace Agreement by and Herzegovina, reaffirming the fundamental im- the Government and its commitment to the full, com- portance of strengthening all aspects of the rule of law, prehensive and consistent implementation thereof; and noting in that regard the ruling of the Constitu- 4. Also welcomes the prompt action of the State and tional Court of Bosnia and Herzegovina on the equal- entity institutions in adopting the comprehensive plan ity of the three constituent peoples throughout the ter- of action to prevent terrorist activities, increase security ritory of Bosnia and Herzegovina and progress made and protect people and property in Bosnia and Herze- by the United Nations Mission in Bosnia and Herze- govina, further welcomes the active role of Bosnia and govina in ensuring a fully representative police force, Herzegovina in global efforts against terrorism, and in free of corruption and dedicated to enforcing the laws that regard calls upon Bosnia and Herzegovina to work of the country in an impartial way, with the international community to establish the State Reaffirming the importance for the future of Bosnia Border Service and have it fully deployed by the end of and Herzegovina of its successful integration into 2002, in accordance with the time frame of the United Europe, noting in that regard the progress made in ful- Nations Mission in Bosnia and Herzegovina;

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5. Supports fully the efforts of the High Represen- States to continue to support mine-action activities in tative for the Implementation of the Peace Agreement Bosnia and Herzegovina; on Bosnia and Herzegovina, in accordance with the 13. Stresses the importance of establishing, strength- Peace Agreement and subsequent declarations of the ening and expanding throughout Bosnia and Herze- Peace Implementation Council, and notes the continu- govina a free and pluralistic media, and deplores any ing need for the High Representative to use fully the actions that seek to intimidate or restrict the freedom of authority of his office to deal with obstructionists, reaf- the media; firming the concept of “partnership” between the 14 . Also stresses the importance of the restoration newly elected authorities of Bosnia and Herzegovina and rebuilding of the historical and cultural heritage and the international community; of Bosnia and Herzegovina in its original form; 6. Encourages the political leadership of Bosnia and 15. Further stresses the need for a more comprehen- Herzegovina to extend cooperation with the States of sive approach to implementing economic reforms, and South-Eastern Europe so as to promote and strengthen underlines the fact that a self-sustainable, market- stability and confidence in the region; oriented economy operating in a single economic space, 7. Urges the entity parliaments and cantonal assem- expeditious and transparent privatization, improved blies to implement promptly and fully the provisions of banking and capital markets, reformed financial sys- the ruling of the Constitutional Court of Bosnia and tems, the provision of adequate social protection and Herzegovina on the equality of all three constituent the adoption by both entities of a law on pension re- peoples throughout the territory of Bosnia and Herze- forms that meet economic standards are crucial for govina, and also urges the Constitutional Court to rule achieving lasting peace and stability in Bosnia and further on the status of those other than the three con- Herzegovina; stituent peoples; 16. Supports the efforts by the High Representative 8. Demands that all the parties to the Peace Agree- and the Commander of the multinational Stabilization ment fulfil their obligations towards the International Force to weaken the continued political and economic Tribunalfor the Prosecution of Persons Responsible for influence of remaining parallel structures obstructing Serious Violations of International Humanitarian Law peace implementation; Committed in the Territory of the Former Yugoslavia 17. Notes that the authorities of Bosnia and Herzego- since 1991, and encourages the authorities of Bosnia vina have defined the common defence policy of Bos- and Herzegovina to develop, in close cooperation with nia and Herzegovina, affirming the importance for the the international community, national court capacities national development of Bosnia and Herzegovina of to investigate and prosecute cases of war crimes; creating, on the basis of agreed principles, a joint mili- 9. Urges Member States, taking into account the tary command and seeking to establish a military struc- orders and requests of the International Tribunal, to ture of the appropriate size based on future projections cooperate fully with it, in particular with regard to sur- and the legitimate security needs of Bosnia and Herze- rendering indictees, and to provide adequate financial govina which will contribute to regional security, and support to the Tribunal; encourages them to carry out its conclusions promptly, 10. Reaffirms the right of refugees and displaced fully and in full accordance with the Peace Agreement; persons to return voluntarily to their homes of origin 18. Commends the efforts of the international com- in accordance with annex 7 of the Peace Agreement, munity, recognizes the continued importance of its encourages the acceleration of the peaceful, orderly role, welcomes its readiness to continue and streamline and phased return of refugees and displaced persons, its efforts towards a self-sustainable peace, and recalls including in areas where they would be the ethnic that the responsibility for consolidating peace and minority, strongly condemns all acts of intimidation, security lies with the authorities of Bosnia and Herze- violence and killings, including those acts designed to govina; discourage the voluntary return of refugees and dis- 19 . Decides to include in the provisional agenda of placed persons, demands that such acts be investigated its fifty-seventh session the item entitled “The situation and prosecuted, supporting the effective engagement in Bosnia and Herzegovina”. of the Commission for Real Property Claims of Dis- placed Persons and Refugees, and calls upon all sides On 24 December, the Assembly decided that to implement the property laws imposed on 27 October the item on the situation in Bosnia and Herze- 1999, in particular by evicting illegal occupants from govina would remain for consideration during the homes of returning refugees, and to ensure respect its resumed fifty-sixth (2002) session (decision for individual rights to return and the establishment of the rule of law; 56/464). 11. Encourages all concerned parties to provide in- formation on all persons unaccounted for through the tracing mechanisms of the International Committee of Implementation of Peace Agreement the Red Cross and to cooperate fully with the Commit- Communications. The Croat member of the tee in its efforts to determine the identities, where- Bosnia and Herzegovina Joint Presidency, Ante abouts and fate of those persons; Jelavic, by a 6 February letter [S/2001/114] to the 12. Welcomes the efforts of international and re- Secretary-General and the Security Council gional organizations, Member States and non- governmental organizations in Bosnia and Herze- President, protested the recent decision by the govina, including through the Board of Donors and the Mission of the Organization for Security and Slovenian International Trust Fund for Demining and Cooperation in Europe (OSCE) in Bosnia and Mine Victims Assistance, and calls upon Member Herzegovina that revised election rules and pro-

YUN01—REPROS-cxs jUNE 19 2003 330 Political and security questions cedures in respect of the 11 November 2000 na- eration. In the predominantly Serb entity of Re- tional elections [YUN 2000, p. 349], specifically the publika Srpska, a moderate technocrat headed mode of electing Croat representatives to the the Government. The country’s new State-level House of Peoples of the Federation of Bosnia Prime Minister, Bozidar Matic, had announced and Herzegovina. He claimed the decision de- plans to implement market reforms, create jobs prived the Federation’s Croat constituency of the and get the hundreds of thousands of citizens right to elect its own representatives to that legis- who remained Bosnian refugees or displaced lative body, in clear violation of the concept of persons to return to their homes. equal power-sharing established by the 1995 However, the High Representative was forced Peace Agreement. to remove Ante Jelavic, in March, as a member of That the OSCE Mission’s representative had the Joint Presidency and had banned his involve- characterized the decision as “unconstitutional ment with any political party, including HDZ, but democratic” and that the country’s Constitu- which he had led until recently. Three of his tional Court had expressed itself as not compe- hard-line deputies were under the same ban. Mr. tent to assess the decision’s constitutional status Jelavic had threatened the country’s constitu- pointed to the inconsistency in the interpretation tional order and peace. In particular, his HDZ of the Peace Agreement and thus to the need for party, claiming to speak for the Bosnian Croats, its reformulation. In the circumstances, Mr. Je- had announced a plan for self-rule. HDZ was sub- lavic called on the Council to mandate a confer- sequently banned by OSCE for breaching election ence to review the Agreement’s implementation rules. and necessary revision. A record number of refugees (more than The European Union (EU), in a 22 February 67,000) returned home in 2000, despite criminal statement [S/2001/181], welcomed the formation incidents aimed at scaring them away. In January on that date of the new Council of Ministers in 2001, the payments bureaux, the old communist Bosnia and Herzegovina and called on it to un- monopoly on financial transactions, were finally dertake serious reforms to improve the country’s closed down and replaced by commercial banks. social and economic situation and work for the The controversial law to end the cycle of pension benefit of all its peoples. The EU also called on all payment arrears was working and the angry pro- political parties to respect the results of the No- tests had stopped. The High Representative said vember 2000 elections [YUN 2000, p. 349], adding that, unfortunately, he had had to impose too that it expected no further delay either in the for- many of the positive advances in Bosnia and Her- mation of governments at all other levels or in zegovina, but he believed that, with new admini- the election of delegates to the House of Peoples strations in place, the country for the first time at the State and Federation levels. had leaders who wanted to get on with the pro- In an 8 March declaration [S/2001/212], the EU cess of governing themselves. Both the new State condemned recent unilateral moves by the so- and entity governments had ambitious plans to called Croat National Congress of Bosnia and further the reforms to attract domestic and for- Herzegovina led by the Croat Democratic Union eign investors and to balance official budgets. (HDZ) to place itself outside the provisions of the Unfortunately, the High Representative also Peace Agreement (see p. 339). It said such efforts had to remove Edhem Bicakcic in February, until were in vain and detrimental to the interests of recently the Federation’s Prime Minister and a the Bosnian Croats and all other peoples in Bos- senior member of the Bosniac Party of Demo- nia and Herzegovina. It called, in particular, on cratic Action (SDA), from his post as director of the Bosnian Croats to work within that country’s the power utility, Elektroprivreda. Mr. Bicakcic legal institutions to defend their legitimate inter- was under four separate criminal investigations ests. for fraud and abuse of public office. His removal Security Council consideration. The Security sent a clear signal to officials to clean up their acts Council, on 22 March [meeting 4303], was briefed by and, along with the State-level court created to ar- Wolfgang Petritsch (Austria), High Representa- bitrate international trade disputes, had done tive for the Implementation of the Peace Agree- much to bolster investor confidence. ment on Bosnia and Herzegovina. He said that, The High Representative further reported while the results of the November 2000 general that he had decided to set up constitutional com- elections in Bosnia and Herzegovina were seen as missions in both entities to ensure that the 2000 a disappointment, the shift to more moderate Constitutional Court decision on the so-called parties was both real and encouraging. That constituent peoples’ case [YUN 2000, p. 349] was put change had led to the formation of the country’s in place on an interim basis until full implemen- first non-nationalist Government at the State tation later in the year. Additionally, he had es- level, as well as in the mainly Bosniac-Croat Fed- tablished the Independent Judicial Commission

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[ibid., p. 351] to effect reforms in the courts and pace of refugee return, particularly in urban areas. prosecutors’ offices across the country. The Council insists on the responsibility of the local authorities to accelerate the rate of return and prop- erty law implementation. SECURITY COUNCIL ACTION The Council urges all political parties in Bosnia On 22 March [meeting 4304], following consulta- and Herzegovina and their respective leaders to tions among Security Council members, the engage constructively within the legal institutions of President made statement S/PRST/2001/11 on that country in order to implement fully the Peace behalf of the Council: Agreement. The Security Council welcomes the briefing by the High Representative for the implementation of Civilian aspects the General Framework Agreement on Peace in Bos- The civilian aspects of the 1995 Peace Agree- nia and Herzegovina and the annexes thereto (col- ment [YUN 1995, p. 544] entailed a wide range of lectively the Peace Agreement) on the situation in Bosnia and Herzegovina and commends his efforts activities, including humanitarian aid, infra- in implementing this agreement. structure rehabilitation, establishment of politi- The Council encourages further regional politi- cal and constitutional institutions, the promotion cal and economic cooperation, in compliance with of respect for human rights and the holding of the principles of the sovereignty and territorial in- free and fair elections. The High Representative, tegrity and the inviolability of the borders of Bosnia who chaired the Steering Board of the Peace Im- and Herzegovina and the other States of the region. plementation Council (PIC) and other key imple- The Council welcomes the new State-level and mentation bodies, was the final authority with re- entity-level Governments formed after the general elections of 11 November 2000 and calls on them to gard to implementing the civilian aspects of the take active measures to make further progress on the Peace Agreement. UNMIBH, which comprised a return of refugees, consolidation of the State institu- UN civilian office, the International Police Task tions, and economic reform. It welcomes the pro- Force (IPTF) and the Mine Action Centre (MAC), gress on creating a State Level Defence Identity in reported to the Secretary-General through the full compliance with the relevant provisions of the Special Representative and Coordinator of Peace Agreement and encourages the Presidency of United Nations Operations in Bosnia and Herze- Bosnia and Herzegovina to finalize the unresolved govina, Jacques Paul Klein (United States). details without delay. The Council welcomes the establishment of Con- The PIC Steering Board, which met regularly stitutional Commissions to protect the vital interest at the political-director level, held meetings on 21 of the constituent peoples to facilitate the implemen- June, 12 September, 30 October and 6 December, tation of the “Constituent Peoples decision” of the during which it discussed streamlining the inter- Constitutional Court of Bosnia and Herzegovina of national civilian implementation of the Peace 1 July 2000 and calls upon the entity parliaments to Agreement (see p. 337). engage in the debate about the necessary amend- ments to their respective constitutions in the light of Reports of High Representative. During the proposals examined by the Constitutional Commis- year, the High Representative issued progress re- sions. ports covering the periods from 1 October 2000 The Council notes the recent conclusion of the to 23 February 2001 [S/2001/219], 24 February to Agreement on a Special Relationship between the 11 June [S/2001/723] and 12 June to 25 August Federal Republic of Yugoslavia and the Republika [S/2001/868]. A later report covered activities from Srpska and urges the High Representative to moni- 26 August to the end of the year [S/2002/209]. All tor its implementation and any amendments to it, in order to ensure that it remains consistent with the described activities in the civilian implementa- territorial integrity and sovereignty of Bosnia and tion of the Peace Agreement, which he had been Herzegovina as a whole and with the Peace Agree- mandated to monitor, mobilize and coordinate. ment. (For details, see below under specific subjects.) The Council condemns recent unilateral moves by the so-called Croat National Congress to establish UN Mission in Bosnia Croat self-rule in open contradiction of the provi- sions of the Peace Agreement, and calls on all parties and Herzegovina (UNMIBH) to work within the legal institutions and constitu- Report of Secretary-General (June). On tional framework of Bosnia and Herzegovina and 7 June [S/2001/571 & Corr.1], the Secretary-General, the entities. It expresses its support for the High reporting on UNMIBH activities, said that, in the Representative in taking actions against persons area of police reform, registration of all police holding public office who are found to be in viola- tion of legal commitments made under the Peace personnel, including prison staff, court police, Agreement or the terms for its implementation. the State Border Service and local Interpol, had The Council welcomes the progress made on the been completed by May. Of the 24,007 law en- return of refugees and property law implementation forcement personnel registered, over 9,300 had in the year 2000, but remains concerned at the slow been granted provisional authorization to exer-

YUN01—REPROS-cxs jUNE 19 2003 332 Political and security questions cise police powers. The core reform programme eastern Republika Srpska. Operational capacity would be completed by late 2002, with every law and political will were too deficient to deal with enforcement officer appropriately vetted before violent demonstrations, as in Mostar, Banja Luka receiving final certification. A criterion for certi- and Trebinje. Seriously impairing police per- fication was the regularization of the housing formance were three endemic problems: irregu- status of police personnel, which continued, with lar payment of already inadequate wages; the 1,129 of them having done so in the preceding consequent inability of officers to resolve their year. UNMIBH had repeatedly requested the housing status and unwillingness of minority of- High Representative to raise the salaries of police ficers to redeploy across entity lines; and lack of to enable them to rent private housing and to give efficient and impartial judicial follow-up to po- them priority allocation of alternative municipal lice work, creating a disincentive to professional- accommodation. Meanwhile, UNMIBH had been ism and allowing ethnic extremists and criminals helping them, on a case-by-case basis, to repos- to remain at large. Continuing political interfer- sess their own property, qualify for reconstruc- ence aggravated those problems. tion assistance or find other legal accommoda- As for police restructuring, a comprehensive tion. IPTF co-location project called “Manage the Man- UNMIBH’s police training programme was agers”, launched in February to address the insti- nearing conclusion, with compulsory courses ex- tutional capacity of law enforcement institutions, pected to be completed by June/July. Specialized was under way in eight Federation cantons and training had been concluded, while training in was being extended to public security centres in handling hazardous materials and exercises in Republika Srpska. Under the project, IPTF moni- inter-entity police cooperation were ongoing. In tors were also being co-located with crime, legal, February, UNMIBH issued a new policy for moni- personnel, finance and budget departments. In toring and sanctioning local police performance, February, the pilot project launched in Canton 9 comprising “performance reports”, which re- (Sarajevo) under the UNMIBH police commis- corded minor acts of inadequate performance, sioner project, aimed at creating an apolitical and “non-compliance reports”, which recorded police service, had to be suspended pending revi- serious lapses of duty or violations of law requir- sions to the Law on Internal Affairs to ing disciplinary measures and placement under depoliticize selection procedures. Legislative intensive IPTF scrutiny. Officers issued with more amendments were also being prepared in three than one non-compliance report were automati- other cantons. cally considered for de-authorization. In Febru- On 20 March, a Bosnian Croat was designated ary, the Bratunac Police Chief and the Chief interim Director of the Federation’s Ministry of Criminal Investigator were de-authorized and the Interior, whom certain Bosniac political lead- several police received non-compliance reports ers sought to undermine and remove, along with after repeated failures to respond adequately to his deputy. No progress was made in establishing serious crimes against returning Bosniac refu- a Director of Police for Republika Srpska. gees and displaced persons. Six police chiefs The proportion of minorities in local police were also de-authorized for signing a statement forces remained low: 5.7 per cent of a targeted 28 renouncing the Federation’s authority following per cent in the Federation and 2.2 per cent of a the 6 April mob violence in Mostar and Grude targeted 20 per cent in Republika Srpska. Repre- over the change of administration at the Herze- sentation of females of all ethnicities was also low, govacka Bank, funded and controlled by Croat averaging 3 per cent in both entities. Since the separatist elements (see p. 344). Police failure to initiation of minority police officers projects in maintain public order during the stone-laying 1999, the police academies had enrolled or ceremonies for new mosques in Trebinje and graduated over 830 minority cadets. The first Banja Luka in early May resulted in the removal four rounds of UNMIBH’s voluntary redeploy- of Trebinje’s Public Security Centre Chief and ment programme had resulted in the transfer of the issuance of a non-compliance report to the 54 minority officers. Thirty-four minority mem- town’s Chief of Crime Investigation; five Banja bers had completed refresher courses for former Luka police officers were suspended. UNMIBH police officers; another such course was currently took the lead in establishing and training police in progress. support units for dealing with mob violence, UNMIBH’s Criminal Justice Advisory Unit, be- which, to be effective, required vehicles and other sides continuing its primary task of advising IPTF equipment. on criminal procedure and the criminal justice Police performance had improved, but investi- process, instituted a major project whose goal gation of incidents of return-related violence re- was to improve the quality of police crime reports mained lethargic and inadequate, particularly in by using selected prosecutors to train key local

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 333 police officers. Progress was slowly being made in (1998) of 21 May 1998, 1174(1998) of 15 June 1998, the establishment of a court police service as a 1184(1998) of 16 July 1998, 1247(1999) of 18 June 1999 multi-ethnic Federation police force. and 1305(2000) of 21 June 2000, Reaffirming its commitment to the political settlement The State Border Service had made apprecia- of the conflicts in the former Yugoslavia, preserving ble progress towards becoming a viable multi- the sovereignty and territorial integrity of all States ethnic State-level law enforcement institution, there within their internationally recognized borders, expanding from 376 personnel deployed at four Underlining its commitment to supporting implemen- border crossings in 2000 to over 1,180 deployed tation of the General Framework Agreement for Peace across 62 per cent of the 1,666-kilometre border. in Bosnia and Herzegovina and the annexes thereto Wide deployment and full effectiveness of the (collectively the “Peace Agreement”), service continued to be hampered, however, by a Emphasizing its appreciation to the High Representa- tive for the Implementation of the Peace Agreement on lack of financial and material resources. Bosnia and Herzegovina, the Commander and person- Major strides were also made in fostering nel of the multinational Stabilization Force, the Special cooperation among police forces in Bosnia and Representative of the Secretary-General and the per- Herzegovina and at the regional level. In March, sonnel of the United Nations Mission in Bosnia and under the auspices of the UNMIBH-chaired Min- Herzegovina, including the Commissioner and per- isterial Consultative Meeting on Police Matters sonnel of the International Police Task Force, the Or- ganization for Security and Cooperation in Europe, (MCMPM), all domestic police organizations and the personnel of other international organizations signed a Cooperative Law Enforcement Arrange- and agencies in Bosnia and Herzegovina for their con- ment for a Border Police Academy in Suhodol, tributions to the implementation of the Peace Agree- outside Sarajevo. Through MCMPM, UNMIBH ment, concluded the regional Cooperative Law En- Noting that the States in the region must play a con- forcement Arrangement Combating Illegal Mi- structive role in the successful development of the gration and Organized Crime. A document for- peace process in Bosnia and Herzegovina, and noting malizing that Arrangement was signed on 14May especially the obligations of the Republic of Croatia and the Federal Republic of Yugoslavia in this regard by the Bosnia and Herzegovina entities, Croatia, as signatories to the Peace Agreement, FRY and the State Border Service. Welcoming, in this regard, the positive steps taken by A campaign called “Your Police Serving You” the Governments of the Republic of Croatia and the was launched nationwide on 26 March to increase Federal Republic of Yugoslavia to strengthen their public awareness of the principles of democratic bilateral relations with Bosnia and Herzegovina, as well policing. Each police organization was encour- as their increasing cooperation with all relevant aged to develop its own public relations pro- international organizations in implementing the Peace gramme. In June, another multi-ethnic police re- Agreement, Emphasizing that a comprehensive and coordinated cruitment campaign was launched, aimed at return of refugees and displaced persons throughout increasing the percentage of female applicants to the region continues to be crucial to lasting peace, police academies. Recalling the declarations of the Ministerial meet- The Secretary-General observed that, despite ings of the Peace Implementation Conference, the difficult political environment, UNMIBH con- Noting the reports of the High Representative, in- tinued to make measurable progress in imple- cluding his latest report of 13 March 2001, menting its mission. In view of the progress it Having considered the report of the Secretary-General had achieved so far and of the planned comple- of 7 June 2001, and welcoming the Mandate Imple- mentation Plan of the Mission, tion of its core tasks by December 2002, he rec- Determining that the situation in the region continues ommended that its mandate be extended for a to constitute a threat to international peace and secu- further 12-month period, to June 2002. rity, Determined to promote the peaceful resolution of SECURITY COUNCIL ACTION the conflicts in accordance with the purposes and prin- On 15 [meeting 4330] and 21 [meeting 4333] June, ciples of the Charter of the United Nations, the Security Council met to consider the Recalling the relevant principles contained in the Convention on the Safety of United Nations and Asso- Secretary-General’s report on UNMIBH.On21 ciated Personnel of 9 December 1994and the statement June, the Council unanimously adopted resolu- by its President of 9 February 2000, tion 1357(2001). The draft [S/2001/610] was pre- Welcoming and encouraging efforts by the United pared in consultations among Council members. Nations to sensitize peacekeeping personnel in the pre- vention and control of HIV/AIDS and other communi- The Security Council, cable diseases in all its peacekeeping operations, Recalling all its previous relevant resolutions con- Acting under Chapter VII of the Charter, cerning the conflicts in the former Yugoslavia, includ- ing resolutions 1031(1995) of 15 December 1995, I 1035(1995) of 21 December 1995, 1088(1996) of 12 De- 1. Reaffirms once again its support for the General cember 1996, 1144(1997) of 19 December 1997, 1168 Framework Agreement for Peace in Bosnia and Herze-

YUN01—REPROS-cxs jUNE 19 2003 334 Political and security questions govina and the annexes thereto (collectively the “Peace imposition of measures if any party fails significantly Agreement”), as well as for the Dayton Agreement on to meet its obligations under the Peace Agreement; Implementing the Federation of Bosnia and Herze- govina of 10 November 1995, calls upon the parties to II comply strictly with their obligations under those 8. Pays tribute to those Member States which partici- Agreements, and expresses its intention to keep the im- pated in the multinational Stabilization Force estab- plementation of the Peace Agreement and the situa- lished in accordance with its resolution 1088(1996), tion in Bosnia and Herzegovina under review; and welcomes their willingness to assist the parties to 2. Reiterates that the primary responsibility for the the Peace Agreement by continuing to deploy a multi- further successful implementation of the Peace Agree- national Stabilization Force; ment lies with the authorities in Bosnia and Herze- 9. Notes the support of the parties to the Peace govina themselves and that the continued willingness Agreement for the continuation of the Stabilization of the international community and major donors to Force, set out in the declaration of the ministerial meet- assume the political, military and economic burden of ing of the Peace Implementation Council in Madrid on implementation and reconstruction efforts will be de- 16 December 1998; termined by the compliance and active participation by 10. Authorizes the Member States acting through or all the authorities in Bosnia and Herzegovina in imple- in cooperation with the organization referred to in an- menting the Peace Agreement and rebuilding a civil so- nex 1-A of the Peace Agreement to continue for a fur- ciety,in particular in full cooperation with the Interna- ther planned period of 12 months the Stabilization tional Tribunal for the Prosecution of Persons Force as established in accordance with resolution Responsible for Serious Violations of International 1088(1996) under unified command and control in Humanitarian Law Committed in the Territory of the order to fulfil the role specified in annexes 1-A and 2 Former Yugoslavia since 1991, in strengthening joint of the Peace Agreement, and expresses its intention institutions and in facilitating returns of refugees and to review the situation with a view to extending this displaced persons; authorization further as necessary in the light of devel- 3. Reminds the parties once again that, in accord- opments in the implementation of the Peace Agree- ance with the Peace Agreement, they have committed ment and the situation in Bosnia and Herzegovina; themselves to cooperate fully with all entities involved 11. Also authorizes the Member States acting under in the implementation of this peace settlement, as de- paragraph 10 above to take all necessary measures to scribed in the Peace Agreement, or which are otherwise effect the implementation of and to ensure compliance authorized by the Security Council, including the In- with annex 1-A of the Peace Agreement, stresses that ternational Tribunal for the Former Yugoslavia, as it the parties shall continue to be held equally responsible carries out its responsibilities for dispensing justice for compliance with that annex and shall be equally impartially, and underlines that full cooperation by subject to such enforcement action by the Stabilization States and entities with the International Tribunal in- Force as may be necessary to ensure implementation of cludes, inter alia, the surrender for trial of all persons that annex and the protection of the Force, and notes indicted by the Tribunal and provision of information that the parties have consented to the Force taking such to assist in Tribunal investigations; measures; 4. Emphasizes its full support for the continued role of 12. Authorizes Member States to take all necessary the High Representative for the Implementation of the measures, at the request of the Stabilization Force, Peace Agreement on Bosnia and Herzegovina in moni- either in defence of the Force or to assist the Force in toring the implementation of the Peace Agreement carrying out its mission, and recognizes the right of the and giving guidance to and coordinating the activities Force to take all necessary measures to defend itself of the civilian organizations and agencies involved in from attack or threat of attack; assisting the parties to implement the Peace Agree- 13. Authorizes the Member States acting under para- ment, and reaffirms that the High Representative is the graph 10 above, in accordance with annex 1-A of the final authority in theatre regarding the interpretation Peace Agreement, to take all necessary measures to of annex 10 on civilian implementation of the Peace ensure compliance with the rules and procedures es- Agreement and that in case of dispute he may give his tablished by the Commander of the Stabilization Force, interpretation and make recommendations, and make governing command and control of airspace over Bos- binding decisions as he judges necessary on issues as nia and Herzegovina with respect to all civilian and elaborated by the Peace Implementation Council in military air traffic; Bonn on 9 and 10 December 1997; 14 . Requests the authorities in Bosnia and Herze- 5. Expresses its support for the declarations of the govina to cooperate with the Commander of the Stabi- ministerial meetings of the Peace Implementation lization Force to ensure the effective management of Council; the airports of Bosnia and Herzegovina, in the light of 6. Recognizes that the parties have authorized the the responsibilities conferred on the Force by annex multinational force referred to in paragraph 10 below 1-A of the Peace Agreement with regard to the airspace to take such actions as required, including the use of of Bosnia and Herzegovina; necessary force, to ensure compliance with annex 1-A 15. Demands that the parties respect the security and of the Peace Agreement; freedom of movement of the Stabilization Force and of 7. Reaffirms its intention to keep the situation in Bos- other international personnel; nia and Herzegovina under close review, taking into 16. Invites all States, in particular those in the re- account the reports submitted pursuant to paragraphs gion, to continue to provide appropriate support and 18 and 25 below, and any recommendations those re- facilities, including transit facilities, for the Member ports might include, and its readiness to consider the States acting under paragraph 10 above;

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17. Recalls all the agreements concerning the status Report of Secretary-General (November). In of forces as referred to in appendix B to annex 1-A of his November report on UNMIBH [S/2001/1132 & the Peace Agreement, and reminds the parties of their Corr.1], the Secretary-General said that the num- obligation to continue to comply therewith; ber of police officers granted provisional 18. Requests the Member States acting through or in cooperation with the organization referred to in annex authorization to exercise police powers had risen 1-A of the Peace Agreement to continue to report to the to 15,491 (6,625 in Republika Srpska, 8,229 in the Council, through the appropriate channels and at least Federation, 312 in Brcko District and the remain- at monthly intervals; der in State institutions). Full certification would * * begin in early 2002 and be completed late that Reaffirming the legal basis in the Charter of the year. However, UNMIBH had identified a signifi- United Nations on which the International Police Task cant number of personnel serving in law enforce- Force was given its mandate in resolution 1035(1995), ment positions without proper authorization. Moreover, de-authorized officers were often re- III tained on the payroll or moved to administrative 19 . Decides to extend the mandate of the United Nations Mission in Bosnia and Herzegovina, which in- positions outside UNMIBH’s authority or to pub- cludes the International Police TaskForce, for an addi- lic companies. Only rarely had local officials ini- tional period terminating on 21June 2002, and also de- tiated disciplinary or criminal proceedings. cides that the Task Force shall continue to be entrusted Under UNMIBH monitoring, local police con- with the tasks set out in annex 11 of the Peace Agree- ducted the majority of basic training courses, ment, including the tasks referred to in the conclusions while UNMIBH conducted the first management of the London, Bonn, Luxembourg, Madrid and Brus- sels Peace Implementation Conferences and agreed by training course for mid-level and senior-level the authorities in Bosnia and Herzegovina; police personnel and completed training pro- 20. Requests the Secretary-General to keep the grammes in a number of specialized areas. Train- Council regularly informed and to report at least every ing in hazardous materials and in anti-terrorism six months on the implementation of the mandate of measures continued. With SFOR, UNMIBH devel- the Mission as a whole; oped a practical curriculum for joint training in 21. Reiterates that the successful implementation of riot control. In July, it established the Special the tasks of the International Police TaskForce rests on Trafficking Operations Programme to address the quality,experience and professional skills of its per- human trafficking, under which 90 victims had sonnel, and once again urges Member States, with the so far been assisted and seven individuals con- support of the Secretary-General, to ensure the provi- sion of such qualified personnel; victed. However, overall progress in combating 22. Reaffirms the responsibility of the parties to that illegal trade was being hampered by weak- cooperate fully with, and to instruct their respective nesses in the legal system. responsible officials and authorities to provide their Under the police commissioner project, ad in- full support to, the International Police Task Force on terim commissioners had been appointed in the all relevant matters; Federation’s Ministry of the Interior and six of 23. Reiterates its call upon all concerned to ensure its cantons, and in Republika Srpska’s Ministry the closest possible coordination between the High of the Interior. However, the related ongoing Representative, the Stabilization Force, the Mission and the relevant civilian organizations and agencies so project introducing necessary amendments to as to ensure the successful implementation of the Peace the Laws on Internal Affairs at the cantonal level Agreement and of the priority objectives of the civilian and in Republika Srpska, in order to create a consolidation plan, as well as the security of Interna- non-political police service, faced obstruction in tional Police Task Force personnel; the mixed Croat-Bosniac Canton 6 and in three 24. Urges Member States, in response to demon- Croat-majority cantons. strable progress by the parties in restructuring their law To improve internal management and enforcement institutions, to intensify their efforts to UNMIBH provide, on a voluntary-funded basis and in accountability, introduced a discipli- coordination with the International Police Task Force, nary code that the State Border Police had training, equipment and related assistance for local already adopted and that would serve as a model police forces in Bosnia and Herzegovina; for Republika Srpska. It also carried out a pilot 25. Requests the Secretary-General to continue to audit of one canton, to be followed by compre- submit to the Council reports from the High Represen- hensive audits of all law enforcement institutions tative, in accordance with annex 10 of the Peace Agree- in 2002, with a view to developing modalities for ment and the conclusions of the Peace Implementation police force restructuring. Conference held in London on 4 and 5 December 1996, and later Peace Implementation Conferences, on the Under UNMIBH’s minority recruitment pro- implementation of the Peace Agreement and in par- grammes, 934 provisionally authorized minority ticular on compliance by the parties with their commit- police (11.3 per cent of a total 8,229) were working ments under that Agreement; in the Federation and 211 (3.2 per cent of a total 26. Decides to remain seized of the matter. 6,625) in Republika Srpska by November. The

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State Border Service and the Brcko District po- Future UNMIBH and international civilian presence lice services were totally multi-ethnic. A positive Security Council consideration (September). step towards further minority police deployment The Secretary-General’s Special Representative to Srebrenica was the appointment of a Bosniac and UNMIBH Coordinator told the Security as Deputy Station Commander at the newly Council on 21 September [meeting 4379] that UN- opened Srebrenica police station. MIBH was making good headway on its core man- The slow provision of donated vehicles and the date, notwithstanding the difficulties it faced. It lack of adequate funding had delayed deploy- had completed 30 out of 64 projects under the Mandate Implementation Plan [YUN 2000, p. 345], ment of the State Border Service field offices and 28 were ongoing and eight were in the planning mobile support units. At UNMIBH’s request, the stage. However, as long as the international com- International Monetary Fund (IMF) had agreed munity continued its piecemeal approach to the to give priority to funding the Service in 2002 do- Balkans, opportunities to close a tragic decade of nor appeals. A joint Entity Task Force, created war and instability would be missed. He advo- under MCMPM auspices, had developed a na- cated streamlining the structure and activities of tional anti-terrorist plan, following the 11 Sep- the current international presence in Bosnia and tember 2001 terrorist attacks in the United States Herzegovina, based on an agreed international (see p. 60). The Service had put into effect tighter strategic plan authorized and supported by the border controls and had drafted amendments to Council. Streamlining should therefore be based the Law on Immigration and Asylum to further on certain elements, among them a comprehen- assist in counter-terrorism activities. In the inter- sive 2002-2005 Dayton Implementation Plan, national fight against crime, UNMIBH facilitated with benchmarks and time lines endorsed by key the preparation of a draft law, currently before international bodies—the United Nations, the the Bosnia and Herzegovina Presidency,to create Peace Implementation Council (PIC), the EU, a State Information Protection Agency. OSCE and NATO—and guaranteed multi-year The Secretary-General observed that UNMIBH funding of the agreed programmes. In the me- continued to make progress towards completing dium term, activities for the core programmes— its core mandate by December 2002, as envisaged rule of law, refugee return, institution-building in its Mandate Implementation Plan [YUN 2000, and economic development—should be function- p. 345]; thereafter, continued monitoring and ally consolidated so that one organization would assistance necessary to preserve what had been have primary responsibility for each programme achieved could be undertaken by a police mission and be held accountable for its execution. SFOR one fourth the size of UNMIBH’s current should be included in the process. strength, with regional actors assuming responsi- In view of the scheduled completion of UN- bility for it. Accordingly, he had instructed his MIBH’s core mandate in December 2002, urgent Special Representative to cooperate fully with decisions were required for its downsizing and the organizations assessing requirements for a liquidation and to enable the successor organiza- follow-on police mission. An early decision on tions to plan the future mission. the matter was important to ensure timely plan- In that regard, a post-2002 intrusive police- ning and a smooth transition. UNMIBH was also monitoring mission would be needed to ensure participating in discussions on streamlining the that UNMIBH’s achievements were not lost and international presence in Bosnia and Herzego- that the international community’s ongoing vina (see below). work was not compromised. The Special Repre- sentative proposed two options: a stand-alone Later developments. In a later report [S/2001/ police-monitoring mission or a comprehensive 618], the Secretary-General stated that, in Decem- rule-of-law mission. The first would ensure the ber, UNMIBH launched a nationwide systems intensive monitoring of local police planning analysis to complete the restructuring of key and performance in respect of returnee security, areas of internal police administration, involving public order and human rights, the maintenance the development of a manual of law enforcement of internal and regional coordination and standards and procedures and local self- cooperation, continued minority recruitment, assessment of compliance with them; on-site as- and that police structures were not compromised. sessment by IPTF; the establishment of local That suggested a mission of between 450 and 500 police Change Management Teams within each international police personnel. The second op- law enforcement agency to consult with UNMIBH tion would bring together under one roof the po- on the formulation of recommendations; and the lice, the judiciary and the penal system, consis- implementation of the Teams’ short- and long- tent with the principle of one organization and term recommendations. one responsibility, which would facilitate the in-

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 337 troduction of a more efficient “pillar” structure plementation of the 1995 Peace Agreement [YUN for the organization of the international effort in 19 95 , p . 5 4 4 ] , discussing, among other issues, the Bosnia and Herzegovina. Peace implementation streamlining of current international civilian im- by the international community would continue plementation structures in Bosnia and Herze- to be a collective endeavour among the five key govina. To facilitate the process, it agreed on a organizations, but with clearer mandates and re- strictly functional and phased approach that sponsibilities. should be fully transparent. Security Council consideration (December). Accordingly, at its 6 December meeting in At the Security Council’s 5 December meeting Brussels, the Board endorsed the High Repre- [meeting 4433], the Assistant Secretary-General for sentative’s draft action plan for such streamlin- Peacekeeping Operations, Hedi Annabi, up- ing, which called for policy coordination task dated information on UNMIBH operations and forces on the rule of law, institution-building, plans for a post-UNMIBH mission. He said that, of economic policy, and return and reconstruction, the Mandate Implementation Plan’s 66 specific as well as for a situation group. At the top of the projects, 43 had been completed and 23 were on- coordinating structure was a cabinet of lead going, indicating that UNMIBH was on track to agencies chaired by the High Representative. complete its mandate in December 2002. At the The plan also integrated mechanisms to imple- same time, important political and operational ment the concept of partnership between the in- challenges still lay ahead. Some projects, includ- ternational community and the newly elected ing those for the removal of police officers based Bosnia and Herzegovina authorities at various on their wartime record, faced political opposi- levels, the main one being a consultative partner- tion; legislation for the police commissioner proj- ship forum. The Office of the High Representa- ect was still opposed by nationalist parties, tive subsequently refined the plan to include an mainly in Croat-dominated cantons; and volun- assessment of matching multi-year funding re- tary redeployment of minority police officers re- quirements and options for the follow-on police mained slow and difficult. Other projects, such as mission, for presentation to the Board’s next the State Border Service, or the training of riot- meeting, scheduled for 28 February 2002. control units, depended on securing additional financial assistance. In addition, projects that UNMIBH financing were designed to establish ongoing mechanisms In June, the General Assembly considered the and structures, such as those for minority recruit- Secretary-General’s reports on the financial per- ment or for inter-entity and regional police formance of UNMIBH for the period 1 July 1999 cooperation, would require nurturing in a to 30 June 2000 [A/55/683] and the proposed bud- post-UNMIBH setting and continued monitoring get for its maintenance and that of UNMOP (see and assistance. p. 324) and the UN liaison offices in Belgrade Mr. Annabi noted the Secretary-General’s be- and Zagreb for the period 1 July 2001 to 30 June lief that regional actors should assume responsi- 2002 [A/55/752], together with ACABQ’s related bility for a follow-up mission with the capacity to comments and recommendations [A/55/874/Add.5]. preserve UNMIBH’s accomplishments, bring to fruition those ongoing projects that would be left GENERAL ASSEMBLY ACTION by UNMIBH and combine under one roof respon- On 14 June [meeting 103], the General Assembly, sibilities for the police, the judiciary and the pe- on the recommendation of the Fifth Committee nal system. He assessed that that task could be [A/55/965], adopted resolution 55/268 without carried out by a mission one fourth the strength vote [agenda item 148]. of UNMIBH, to include some 450 police officers. Financing of the United Nations Mission He said the United Nations welcomed the ini- in Bosnia and Herzegovina tial steps taken by the High Representative, the The General Assembly, EU and OSCE in planning a post-UNMIBH inter- Having considered the reports of the Secretary- national police-monitoring presence. The Spe- General on the financing of the United Nations Mis- cial Representative was cooperating fully with sion in Bosnia and Herzegovina and the related reports those organizations. The issue was also being dis- of the Advisory Committee on Administrative and cussed at the PIC Steering Board meeting cur- Budgetary Questions, rently in progress in Brussels, Belgium. The Recalling Security Council resolution 1035(1995) of Council would be kept informed of develop- 21 December 1995, by which the Council established ments (see below). the United Nations Mission in Bosnia and Herze- govina for an initial period of one year, and Council Consideration by PIC Steering Board. At its resolution 1305(2000) of 21 June 2000, by which the meeting in Stockholm, Sweden, on 21 June, the Council extended the mandate of the Mission until 21 PIC Steering Board reviewed progress in the im- June 2001,

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Recalling also Security Council resolution 1335(2001) 11. Decides to appropriate the amount of 144,676,630 of 12 January 2001, in which the Council authorized the dollars gross (135,728,725 dollars net) for the mainte- United Nations military observers to continue to moni- nance of the Mission for the period from 1 July 2001 to tor the demilitarization of the Prevlaka peninsula until 30 June 2002, inclusive of the amount of 4,234,303 dol- 15 July 2001, lars gross (3,716,018 dollars net) for the support Recalling further its decision 50/481 of 11 April 1996 account for peacekeeping operations and the amount on the financing of the Mission and its subsequent of 442,327 dollars gross (397,207 dollars net) for the resolutions and decisions thereon, the latest of which United Nations Logistics Base, to be apportioned was resolution 54/273 of 15 June 2000, among Member States at a monthly rate of 12,056,385 Reaffirming the general principles underlying the dollars gross (11,310,727 dollars net) in accordance with financing of United Nations peacekeeping operations, the levels set out in General Assembly resolution as stated in General Assembly resolutions 1874(S-IV)of 55/235, as adjusted by the Assembly in its resolution 27 June 1963, 3101(XXVIII) of 11 December 1973 and 55/236 of 23 December 2000, and taking into account 55/235 of 23 December 2000, the scale of assessments for the years 2001 and 2002, as Noting with appreciation that voluntary contributions set out in its resolution 55/5 B of 23 December 2000, have been made to the Mission, subject to the decision of the Security Council to ex- Mindful of the fact that it is essential to provide the tend the mandate of the Mission beyond 30 June 2001; Mission with the necessary financial resources to en- 12. Decides also that, in accordance with the provi- able it to fulfil its responsibilities under the relevant sions of its resolution 973(X) of 15 December 1955, resolutions of the Security Council, there shall be set off against the apportionment among 1. Takes note of the status of contributions to the Member States, as provided for in paragraph 11 above, United Nations Mission in Bosnia and Herzegovina as their respective share in the Tax Equalization Fund of at 30 April 2001, including the contributions outstand- the estimated staff assessment income of 8,947,905 dol- ing in the amount of 78.1 million United States dollars, lars approved for the Mission for the period from 1 July representing 9 per cent of the total assessed contribu- 2001 to 30 June 2002; tions from the inception of the Mission to the period 13. Decides further that, for Member States that have ending 21 June 2001, notes that some 17per cent of the fulfilled their financial obligations to the Mission, Member States have paid their assessed contributions there shall be set off against the apportionment, as pro- in full, and urges all other Member States concerned, vided for in paragraph 11 above, their respective share in particular those in arrears, to ensure payment of in the unencumbered balance of 25,990,381 dollars their outstanding assessed contributions; gross (24,826,081 dollars net) in respect of the period 2. Expresses its appreciation to those Member States ending 30 June 2000, in accordance with the composi- which have paid their assessed contributions in full; tion of groups set out in paragraphs 3 and 4 of General 3. Urges all other Member States to make every pos- Assembly resolution 43/232 of 1 March 1989 and ad- sible effort to ensure payment of their assessed contri- justed by the Assembly in subsequent relevant resolu- butions to the Mission in full and on time; tions and decisions for the ad hoc apportionment of 4. Expresses concern at the delay experienced by the peacekeeping appropriations, the latest of which were Secretary-General in deploying and providing ade- resolution 52/230 of 31 March 1998 and decisions quate resources to some recent peacekeeping missions, 54/456 to 54/458 of 23 December 1999 for the period in particular those in Africa; 1998-2000, and taking into account the scale of assess- 5. Emphasizes that all future and existing peace- ments for the year 2000, as set out in its resolutions keeping missions shall be given equal and non- 52/215 A of 22 December 1997 and 54/237 A of 23 De- discriminatory treatment in respect of financial and cember 1999; administrative arrangements; 14 . Decides that, for Member States that have not ful- 6. Also emphasizes that all peacekeeping missions filled their financial obligations to the Mission, their shall be provided with adequate resources for the effec- share of the unencumbered balance of 25,990,381 dol- tive and efficient discharge of their respective man- lars gross (24,826,081 dollars net) in respect of the pe- dates; riod ending 30 June 2000 shall be set off against their 7. Reiterates its request to the Secretary-General to outstanding obligations in accordance with the scheme make the fullest possible use of facilities and equip- set out in paragraph 13 above; ment at the United Nations Logistics Base at Brindisi, 15. Emphasizes that no peacekeeping mission shall Italy, in order to minimize the costs of procurement for be financed by borrowing funds from other active the Mission; peacekeeping missions; 8. Endorses the conclusions and recommendations 16. Encourages the Secretary-General to continue contained in the report of the Advisory Committee on to take additional measures to ensure the safety and Administrative and Budgetary Questions, and requests security of all personnel under the auspices of the the Secretary-General to ensure their full implementa- United Nations participating in the Mission; tion; 17. Invites voluntary contributions to the Mission in 9. Requests the Secretary-General to take all neces- cash and in the form of services and supplies accepta- sary action to ensure that the Mission is administered ble to the Secretary-General, to be administered, as ap- with a maximum of efficiency and economy; propriate, in accordance with the procedure and prac- 10. Also requests the Secretary-General, in order to tices established by the General Assembly; reduce the cost of employing General Service staff, to 18. Decides to include in the provisional agenda of continue efforts to recruit local staff for the Mission its fifty-sixth session the item entitled “Financing of against General Service posts, commensurate with the the United Nations Mission in Bosnia and Herze- requirements of the Mission; govina”.

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On 12 December [A/56/698], the Secretary- the High Representative issued a legal opinion, General submitted the UNMIBH financial per- stating that both the House of Peoples and the formance report for the period from 1 July 2000 cantonal assemblies could be constituted by to 30 June 2001. those delegates who had taken their seats, and The General Assembly decided, on 24 Decem- that boycotting parties and individuals had no ber, that the item on the financing of UNMIBH right to block the functioning of those bodies. would remain for consideration during its On 11January, the High Representative issued resumed fifty-sixth (2002) session (decision a decision restructuring the constitutional com- 56/464) and that the Fifth Committee should missions in the Federation and the Republika continue to consider the item at that session (de- Srpska Parliaments. The commissions would cision 56/458). propose amendments to the constitutions of both entities and provisionally protect the constituent International Police Task Force peoples and others against discrimination. In July [S/2001/723], the High Representative During 2001, the IPTF component of UNMIBH further reported that, on 27 March, the Bosnia remained below its authorized strength of 2,057 and Herzegovina House of Representatives due to difficulties faced by police-contributing elected Beriz Belkic and Jozo Krizanovic as the countries in meeting the requirements of all Bosniac and Croat members, respectively, of the peacekeeping missions. As at 31December, its ac- Bosnia and Herzegovina Presidency; the House tual strength stood at 1,674. The overall mandate of Peoples confirmed the election on 30 March. completion target was predicated on maintaining The new Council of Ministers had begun IPTF strength at 1,850 until July 2002. functioning, making progress in implementing Led by Commissioner Vincent Coeurderoy its work programme. However, legislative activi- (France), IPTF continued to assist in the restruc- ties and the implementation process were regu- turing and reform of the police services in the larly challenged and obstructed by Republika Federation and to monitor local police. To that Srpska authorities on the grounds that the Coun- end, it launched in February a comprehensive cil’s legislative agenda invaded Republika Srpska co-location project that extended to legal, per- competencies. Progress in the Bosnia and Herze- sonnel, finance and budget departments. govina Parliamentary Assembly was less satisfac- tory, as it had passed no new legislation of major Civil affairs importance. In the House of Representatives, The High Representative reported in March holding together the Alliance for Change coali- [S/2001/219] that, following the November 2000 tion was proving difficult; the HDZ delegates, on elections in Bosnia and Herzegovina [YUN 2000, the other hand, had ended their several months’ p. 349], lengthy delays in establishing the Parlia- boycott. mentary Assembly and the Council of Ministers On 12 March, the Alliance for Change coali- hampered the functioning of State institutions. tion formed the Federation’s first non- Forming a State Government also proved diffi- nationalist Government. However, the new Gov- cult. The House of Representatives rejected the ernment was challenged by the HDZ leadership nomination of a Croat, Bozidir Matic, as Chair- and the “Croat National Assembly”, which, on man of the new Council of Ministers. Nonethe- 3 March, voted to establish the unconstitutional less, the Alliance for Change, a post-election coa- “Croat Self-Rule in Bosnia and Herzegovina”. In lition of moderate non-nationalist parties, made late March, HDZ radicals in Mostar tried but important gains that eventually led to the forma- failed to oust that city’s Mayor, considered an ob- tion, on 22 February, of the new Council, chaired stacle to the establishment of a separate Croat en- by Mr. Matic. HDZ, which had chosen to boycott tity. The “Croat National Assembly” also rejected the election implementation process and pre- the Federation Government. On 13 March, HDZ vented the selection of cantonal delegates to the officials ordered the Croat components of the House of Peoples of the Federation and of Bos- Federation Army to disband; on 28 March, Croat nia and Herzegovina, agreed, following the High officers and soldiers walked out of their barracks. Representative’s intervention, to implement the On 16 May, the Federation Defence Minister and election results in the cantonal assemblies it con- some Bosnia and Herzegovina Croat Generals trolled. However, unhappy with the Constitu- brokered a tentative agreement giving Croat sol- tional Court’s decision that it had no jurisdiction diers one month to return to their barracks. over the Provisional Election Commission and its In February, the High Representative imposed decision-making body, the Election Appeals Sub- binding arbitration on Republika Srpska and the commission, HDZ vowed to continue its boycott of Federation to resolve their dispute over the de- the Federation House of Peoples. On 9 February, lineation of the inter-entity boundary line in

YUN01—REPROS-cxs jUNE 19 2003 340 Political and security questions the Bobrinja suburb of Sarajevo. The Arbitrator the imposition of a Provisional Administrator in issued the award on 24 April. Hercegovacka Banka (the financial backbone of As reported by the High Representative in the illegal Bosnia and Herzegovina Croat struc- September [S/2001/868], the Chairman of the tures) (see p. 344); the loss of financial and politi- Council of Ministers resigned on 22 June, due to cal support from Croatia; and the policy of the the failure of the House of Representatives to Alliance Government of dismantling parallel in- adopt the Election Law. He was replaced on 18 stitutions. By returning to the Federation House July by Foreign Minister Zlatko Lagumdzija of of Representatives on 28 November, HDZ had im- the Social Democratic Party. The High Repre- plicitly acknowledged that the self-rule project sentative continued to deal with the issue of the was untenable. Moreover, the successful imple- so-called Croat Self-Rule, by chipping away at mentation of the agreements on the unification HDZ’s financial resources, while assuring the Bos- of Gornji Vakuf (Bosniac) and Uskoplje (Croat) nia and Herzegovina Croats that the inter- and on the integration of the Croat-majority mu- national community was aware of and responsive nicipality of Zepce into the Bosniac-majority can- to their legitimate concerns. One result was ton of Zenica-Doboj, the unification of the Pen- that a significant but indeterminate number of sion Fund in the Federation, progress in the Bosnian Croat officers and soldiers had renewed divided city of Mostar and the Alliance Govern- their contracts with the Federation Army by the ment’s outreach to the Croat stronghold of Her- 15 June deadline. zegovina, all indicated that the old bipolar world On 23 August, the Bosnia and Herzegovina of ethnic politics was slowly moving to a more Parliamentary Assembly finally passed the Elec- functional approach. At the third Congress of tion Law, paving the way for the formation of an the main nationalist Bosniac party, the Party of Election Commission. Democratic Action (Sarajevo, 13 October), Alija To develop a relationship on shared responsi- Izetbegovic stepped down as a party president; he bility between the Office of the High Representa- was succeeded by Sulejman Tihic, Deputy tive and the Council of Ministers, a Consultative Speaker of the Republika Srpska National As- Partnership Forum was established for the dis- sembly. cussion and resolution of urgent issues, mainly The Federation Law on Citizenship was finally related to the 2000 PIC agenda for accelerating adopted in September, thereby enabling citizens the Peace Agreement’s implementation [YUN of the former Yugoslavia who had taken up per- 2000, p. 338]. The Forum held its first meeting on manent residence in Bosnia and Herzegovina be- 2 August. The High Representative also under- fore 1998and were eligible for Bosnia and Herze- took to consult with civil society representatives govina citizenship to exercise that right. through a separate consultative structure called Responding to the PIC Steering Board’s call in the Civic Forum. On 17July, he imposed harmo- October for the Bosnia and Herzegovina authori- nizing amendments to both entities’ laws on pri- ties to accelerate the pace of preparation for the vatization and socially-owned apartments, to general elections scheduled for 5 October 2002, eliminate provisions in the Republika Srpska law the High Representative, on 16 November, ap- that disadvantaged returnees in the privatization pointed the four national members of the Bosnia process and to remove the Federation’s rule re- and Herzegovina Election Commission to work quiring two years’ occupancy following reposses- with its three international members, whom he sion prior to purchasing a pre-war apartment. had appointed on 27 September. On 13 July, the Presidency officially transmitted to NATO Bosnia and Herzegovina’s wish to join Republika Srpska issues the Partnership for Peace Programme. Under the The High Representative, reporting in March auspices of the High Representative, Bosniac and [S/2001/219] on issues related specifically to Re- Croat representatives signed an agreement on publika Srpska, the Serb-majority entity of the 2 August reuniting the municipalities of Gornji Republic of Bosnia and Herzegovina, stated that Vakuf and Uskoplje. implementation of the election results in that en- In a later report [S/2002/209], the High Repre- tity had advanced relatively quickly. Mladen sentative stated that, at the HDZ Party Congress in Ivanic of the moderate Party of Democratic Pro- Mostar on 6 October, Ante Jelavic, whom he had gress was appointed Prime Minister on 12 Janu- removed as party president (see p. 330), ran un- ary and formed a “Government of experts” free opposed and was re-elected president, as were of senior Serb Democratic Party (SDS) figures, most of the vice-presidents who were removed at which, with the support of several other parties, the same time. Nevertheless, significant changes had a comfortable majority in the entity’s parlia- had occurred to make the so-called Croat/HDZ ment. In his June report [S/2001/723], the High issue less dangerous for peace implementation: Representative stated that the Prime Minister

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 341 had managed to stabilize the socio-economic advance the reconciliation process among the situation by improving tax collection and fiscal three constituent peoples. The Reconciliation discipline. Important constitutional progress was and Reform Committee, set up after the May out- made in April as the reshaped Constitutional break of violence in Banja Luka and Trebinje Commission agreed on draft amendments to the (see above), had met only once. Although SDS Republika Srpska Constitution. Unfortunately, took tentative steps towards reform during its the reconstruction of mosques demolished dur- Congress on 24 December, its new platform re- ing the war was set back when cornerstone-laying mained devoid of a clear commitment to the State ceremonies for new mosques in Trebinje and of Bosnia and Herzegovina. Banja Luka were disrupted by violent protests and had to be postponed. Subsequently,the High Brcko District Representative made several demands of Repub- lika Srpska: an investigation into the violence; In July [S/2001/723], the High Representative re- immediate changes of leadership in the Ministry ported his continued satisfaction with develop- of Interior; public condemnation and an apology ments in the Brcko District since its establish- by top officials; the reconvening of the ceremo- ment in 2000 [YUN 2000, p. 350]. The entities nies; and the establishment of a multi-ethnic Re- comprising Bosnia and Herzegovina (the form and Reconciliation Committee under the Bosniac-Croat Federation and Republika Srpska) President’s auspices. Most of those demands had and the District government were enacting a been complied with. joint housing reconstruction programme for re- On 5 March, Republika Srpska and FRY signed turning displaced persons, with an anticipated an agreement on special parallel relations, as 500 housing units reconstructed during 2001. provided for in the Peace Agreement, the imple- Under the Property Law Implementation Pro- mentation of which was to be supervised by the gramme, the District was reinstating 100 proper- Office of the High Representative. The agree- ties a month on average. A modern judicial sys- ment was ratified on 7 June by the Republika tem, established on 1 April and consisting of a Srpska National Assembly, despite the opposi- basic court, an appellate court, a legal aid centre tion of some Bosniac and Croat members of the and a judicial commission, was in place and func- Constitutional Commission who claimed that the tioning well. A transparent budget was adopted agreement should be between Bosnia and Herze- in April and, with improved revenue collection, govina and FRY. The High Representative’s Sep- the District was financially self-sustainable. In tember report [S/2001/868] noted that the agree- general, the entity governments had been sup- ment had given rise to two annexes, one on portive of the District and had appointed liaison defence issues and the other on sports. However, officers to facilitate dialogue and communication since the procedures specified in article 9 of the among them. In September [S/2001/868], the High agreement were not complied with, the annex on Representative observed that the commence- defence issues had no legal effect. Acknowledg- ment of reconstruction of the destroyed White ing the suspension of the annex, both parties Mosque in the Brcko town centre was an encour- agreed on a way ahead on the issue. The Office of aging sign of increasing inter-ethnic tolerance. the High Representative had also reviewed the In a later report [S/2002/209], he stated that re- annex on sports and proposed holding a meeting organization of the District government was com- to discuss amendments to it. pleted by the end of 2001, together with the hir- In September, the Republika Srpska National ing and rehiring of public employees in an open, Assembly passed the draft Law on Cooperation competitive process. with the International Tribunal for the Former Yugoslavia (ICTY). However, the entity’s co- operation with ICTY had yet to yield any specific Refugee/displaced person returns results, the High Representative later reported In 2001, the Office of the United Nations High [S/2002/209]. Not a single indicted war criminal Commissioner for Refugees (UNHCR) registered had been apprehended, and Republika Srpska the return of 92,061 persons to their pre-war officials had let it be known that the most-wanted home areas where they were in the ethnic minor- Bosnian Serb indictees, Radovan Karadzic and ity—a 36.5 per cent rise from the final minority Ratko Mladic, would have to be arrested by the return figure of 67,445 in 2000. A promising international community alone. increase in cooperation had emerged between The socio-economic situation in Republika the Bosnia and Herzegovina entities, particularly Srpska remained gloomy, as the many strikes by in information exchange on returnees and prop- teachers and medical workers and protests by erty repossession, and in the initiation of entity- pensioners illustrated. Little had been done to funded reconstruction projects [S/2002/209].

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The High Representative reported that, in Strategy Policy Paper, both of which articulated June [S/2001/868], Croatia and international rep- standards for employment practices and out- resentatives in that country established a legal lined mechanisms to ensure compliance with in- working group aimed at removing impediments clusive, non-discriminatory hiring practices. It to cross-border returns. He was encouraged by also contributed to finalizing the Inter-Entity the adoption, under the Regional Return Initia- Agreement on Health Care for insured persons tive of the Stability Pact for South-Eastern in Bosnia and Herzegovina, which was signed on Europe [YUN 1999, p. 398], of an Agenda for Re- 3 December. gional Action providing for a framework to facili- In collaboration with ICTY, the Office contin- tate cross-border returns and the identification ued to pressure the Bosnia and Herzegovina of lasting solutions for refugees yet to return to authorities, especially those of Republika Srpska, their pre-war homes. into full cooperation with ICTY. The High Rep- resentative said he was considering having a team Human rights of experts address what needed to be done if fu- The High Representative reported in July ture domestic war crimes were to be tried in the [S/2001/723] that the 1997 Mostar “Liska Street” in- soon-to-be-established Bosnia and Herzegovina cident [YUN 1997, p. 307] was under criminal inves- Court. An appropriate strategy was under formu- tigation by Mostar judicial authorities, as rec- lation in response to the ICTY Prosecutor’s pro- ommended by the Bosnia and Herzegovina posal to the Security Council on 27 November Ombudsman. The Office of the High Represen- [meeting 4429] to remit ICTY cases to a special court tative was developing policies and strategies to in Bosnia and Herzegovina during or following remedy discriminatory practices in health care completion of ICTY’s mandate. That would en- and access to utilities and employment. It sure that ICTY concerns with the Bosnia and Her- continued to monitor implementation of the zegovina judicial system relating to war crimes Bosniac-Croat Federation labour laws relating to prosecutions were addressed and that domestic re-employment or compensation for those dis- war crimes prosecutions met the highest profes- missed during the war and to work towards estab- sional standards and were expedited. lishing an equitable employment market. The Office also helped to facilitate a system allowing Judicial reform returnee pensioners to receive their pensions in The High Representative issued a decision on their place of return, drafted the Bosnia and 14 March [S/2001/723] providing the Independent Herzegovina Plan of Action to Combat Traffick- Judicial Commission (IJC), established in 2000 ing in Human Beings, which was pending before [YUN 2000, p. 351], with a comprehensive mandate Parliament, and assisted in reviewing draft legis- regarding the promotion of the rule of law and lation on minority rights and gender equality. In judicial reform. An internal directive clarified March, the boundaries of the Potocari site, desig- the scope of administrative competencies and nated by the High Representative in 2000 [YUN powers between his Office and IJC. Headquar- 2000, p. 353] for the burial and commemoration of tered in Sarajevo, with field offices in Banja the victims of the 1995 Srebrenica massacre [YUN Luka, Mostar, Sarajevo and Tuzla, and a fifth to 1995, p. 529], were identified and marked. The be opened in Bihac, IJC had started implement- Foundation for the Srebrenica/Potocari Memo- ing its strategic plan and identified areas of par- rial and Cemetery was created and registered ticular importance to the strengthening of the and had agreed on the design and location for a rule of law: the review of laws on the appoint- stone to mark the site. ment of judges and prosecutors; criminal and Implementation of the Human Rights Cham- civil procedure reform; the review of legislation ber’s decisions had increased from 33 per cent in on the enforcement of civil judgements; and late 1999 to 73 per cent by the end of 2001, noted court administration and management. It had the High Representative in a later report [S/2002/ also begun to monitor and guide the work of the 209]. The Federation registered significant pro- national commissions and councils established to gress in implementing occupancy rights and improve the recruitment of judges and prosecu- compensation awards. While Republika Srpska tors and to conduct a comprehensive review of all showed progress by paying monetary compensa- those currently serving. tion in some 10 cases, its overall implementation In July [S/2001/868], the High Representative rate was far from satisfactory. approved IJC’s Strategy Paper for 2001-2002. Its As to social, economic and gender rights, the major priorities were: completion of the review Office of the High Representative assisted in pre- of judges and prosecutors; reform of the judi- paring Fair and Equal Employment Principles ciary appointment process; reform of court and in revising the Fair Employment Practices administration and management; and revision of

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 343 legislation in civil procedure and enforcement of In the transport sector, the Railway Public Cor- judgements. Also in July, the two entities of Bos- poration was legally registered in both entities. A nia and Herzegovina signed a memorandum of 61 million euro railway recovery loan was signed understanding regulating the appointment pro- on 11June for the reconstruction of 750 kilometres cess for judges and prosecutors throughout the of main track in Bosnia and Herzegovina. The country. On 3 August, the High Representative High Representative’s Office organized on 4 May imposed amendments to the Federation Law on an international conference on the Bosnia and Judicial and Prosecutorial Service to eliminate Herzegovina rail transport situation, which rec- political obstruction, streamline the appoint- ommended drastic reorganization. As a tangible sign ment and dismissal processes and strengthen the of recovery, international passenger service on the role of the Federation commissions dealing with Sarajevo–Banja Luka–Zagreb and Doboj–Banja the nomination of candidates for judicial and Luka–Zagreb–Ljubljana railway lines reopened on prosecutorial service. 10 June, after a nine-year hiatus. The Federation and Republika Srpska were in negotiation with the Economic reform and reconstruction European Investment Bank for a 60 million euro road improvement loan, while the World Bank was The High Representative stated, in July preparing a new road management and safety [S/2001/723], that his Office was devoting a great project worth $30 million. Bosnia and Herzego- deal of attention and resources to the major pri- vina signed an agreement with Central European orities of the privatization and restructuring Air Traffic Services on 14 September and a con- of public utilities and the creation of a favour- tract with Croatia Control Limited to provide air able investment climate. In Republika Srpska, traffic control services to the country effective 27 through a voucher offer that ran from November December. Deployment of the State Border Serv- 2000 to 15 March 2001, citizens and 13 privatiza- icewascompletedattheBanjaLukaandMostar tion investment funds were offered 55 per cent of airports. Recently passed transport legislation in- State equity in 830 enterprises. Of the 49 million cluded a Federation law creating (from two old vouchers issued, over 84 per cent were utilized. In companies)thenewRailwaysoftheBosniaand a later report [S/2002/209], the High Representa- Herzegovina Federation and a State law providing tive said that, for the first time, three of the 50 for State-level licensing and regulation of interna- largest enterprises in Republika Srpska were sold tional and inter-entity truck and bus transport. successfully to international investors. The sale In the telecommunications sector, the High of the remaining State-owned capital in every Representative issued a 2 March decision estab- company was ongoing. In the Federation, the lishing the Communications Regulatory Agency. first public offering of shares was completed on The World Bank offered technical assistance 28 March; 542 enterprises were offered to certifi- for the sector’s restructuring, privatization and cate holders, with a subscription of 4.25 billion other transition measures relating to postal konvertible marka (KM). The second round was services, radio transmission infrastructure and completed by the end of the year, with one or two e-commerce. more rounds to follow. A new Directorate of Pri- In the energy sector, the State’s Commission vatization was established. on Public Corporations agreed on 17 April to The Office of the High Representative, move forward with the analysis and design of new through the International Advisory Group on public corporations for gas transportation, power Taxation, accelerated the process of tax reform. transmission, radio transmission infrastructure An agreement on the harmonization of sales and posts. The World Bank and the European taxes was concluded between the two entity gov- Bank for Reconstruction and Development ap- ernments under the IMF project on the subject, proved a $230 million loan for a power genera- which ended in April. Agreement was also tion and distribution project, conditional on the reached for the Brcko District to harmonize its adoption by the Council of Ministers of a State sales tax law with those of the entities by August. electricity law providing for a regulatory commis- A harmonized income tax law was expected to be sion for electricity transmission, an independent in place throughout Bosnia and Herzegovina by service operator and a single transmission com- January 2002. pany. That condition was fulfilled and the proj- The report of the Foreign Investment Advi- ect was under way. sory Service on Bosnia and Herzegovina outlin- ing investment impediments and recommenda- Anti-corruption and transparency issues tions for improving the situation was officially The High Representative reported in July presented in Sarajevo and Banja Luka on 29 and [S/2001/723] that the emergence of so-called “Croat 30 June, respectively. Self-Rule” (see p. 339) and its proclamation that it

YUN01—REPROS-cxs jUNE 19 2003 344 Political and security questions would take over Federation revenues forced him to Media issues take action against the financial centre of that ille- The continuing restructuring of the public gal parallel structure by placing the Croat- broadcasting system (PBS) of Bosnia and Herze- controlled Hercegovacka Banka under his provi- govina saw the simultaneous launch on 7 May of sional administration. The takeover of the bank on PBS radio (broadcasting over the whole territory) 6 April was resisted by HDZ-organized riots, during and Federation radio, giving the country, for the which staff of the High Representative’s Office first time since the disintegration of the former and other international and local staff were in- Yugoslavia, a Statewide broadcasting capability. jured, threatened and taken hostage. The bank Subject to funding, work would continue to ex- was eventually taken over on 18 April with SFOR tend the radio signal’s reach to 85 per cent of the backing. Although an investigation was initiated population, from its current coverage of 72 per by the Federation, the High Representative trans- cent. The Communications Regulatory Agency ferred jurisdiction for the investigation and prose- continued to evaluate broadcasters. By Septem- cution to the Cantonal Court of Sarajevo because ber, 126 had qualified for full licences. The eval- of well-grounded suspicion of local police involve- uation was expected to be concluded by year’s ment and doubts about the impartiality of the end, and consultations had begun to ensure local prosecutors and judges. The bank’s provi- that opportunities for new licences met citizens’ sional administrator was faced with lack of man- needs. A working group had drafted a law for Re- agement and shareholder cooperation, thus slow- publika Srpska Radio-Television. The Law on ing down the consolidation of accounts and the Federation Radio-Television was being amended investigative process. and a PBS State law was in the drafting stage. On 27 October, the new Federation TV was launched Due to the lack of transparency and continuing and significant measures were taken to enfran- suspicion of corruption in the public finance chise Croats by improving signal coverage and de- system, the High Representative appointed a Spe- veloping a Croat component. The top managers cial Auditor to audit and report on the condition for the State-level PBS had been appointed and of government finances. As a result of the report’s the High Representative’s Broadcasting Agent confirmation that the system was susceptible to was working closely with them to create a PBS for fraudandcorruptionandlackedappropriatecon- the entire country that was financially viable and trol mechanisms, the High Representative’s Office journalistically professional. was developing a strategy to reform administrative The draft Law on Freedom of Access to Infor- accounting procedures and to strengthen the Su- mation, prepared by an expert group in 2000 preme Audit Institution (SAI), and treasury and [YUN 2000, p. 352], was adopted by the State and en- parliamentary control mechanisms. tity governments. In June, the Federation Parlia- In September [S/2001/868], the High Represen- ment adopted the draft Defamation Act. tative stated that, with the assistance of the United States Treasury, his Office had presented Military aspects to both entity governments a strategy for restruc- turing the Financial Police Agency, a critical pil- Stabilization Force lar of an independent and effective investigative mechanism against high-level corruption, fraud Under the command of NATO, the multina- tional Stabilization Force (SFOR), also known as and money-laundering. Operation Joint Guard, continued in 2001 to The High Representative subsequently indi- oversee the implementation of the military as- cated that, following the SAI comprehensive audit pects of the 1995 Peace Agreement. Its activities early in the year, charges were filed against from 13 November 2000 to 31 October 2001 were former and serving officials of Republika Srpska recorded in nine reports [S/2001/16, S/2001/290, in five cases involving the misappropriation of S/2001/437, S/2001/542, S/2001/688, S/2001/820, S/2001/ some KM 300,000 (150,000 euros) in government 911, S/2001/1001, S/2001/1167], submitted by the NATO funds [S/2002/209]. He also reported that, on Secretary-General through the UN Secretary- 6 November, he issued a decision amending the General to the Security Council, in accordance Federation Law on Banks to allow provisional with Council resolution 1088(1996) [YUN 1996, bank administrators to make payouts of up to KM p. 310]. Activities during the remainder of 2001 were 5,000 before completing their financial reports. covered in later reports [S/2002/17, S/2002/154]. That would enable the provisional administrator The strength of SFOR fell from 22,000 in De- of Hercegovacka Banka to start paying in Decem- cember 2000 to some 18,000 in December 2001. ber those small depositors whose savings had The troops, deployed in Bosnia and Herzegovina been frozen since April. and Croatia, were contributed by all NATO mem-

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 345 bers and 15 non-NATO countries. The Council, period of self-government, as envisaged in Secu- by resolution 1357(2001) of 21 June (see p. 333), rity Council resolution 1244(1999) [YUN 1999, authorized the continuation of SFOR for a further p. 353]. The main achievement in that effort was period of 12 months. the promulgation on 16 May by the Special Rep- During the year, SFOR continued to conduct resentative of the Secretary-General and Head of reconnaissance and surveillance, by means of UNMIK of the Constitutional Framework for Pro- ground and air patrols, to: monitor the border visional Self-Government, which determined the with FRY and the entity armed forces (EAF); con- new provisional government institutions and duct weapons storage site inspections; provide their powers and responsibilities. That paved the support to the international organizations oper- way for the Kosovo-wide elections on 17 Novem- ating in Bosnia and Herzegovina, including the ber, in which all communities participated. Since Office of the High Representative; and collect none of the contending parties gained enough weapons and ammunition. In addition, it as- Assembly seats to govern alone, negotiations be- sisted the local police and IPTF in providing a safe gan for the formation of a coalition Government. and secure environment in the Sarajevo suburb Accordingly, UNMIK assisted in the establishment of Dobrinja before and after the international ar- of the necessary provisional institutions in ac- bitrator’s final ruling on the disposition of the cordance with the Constitutional Framework inter-entity boundary line; conducted operations and engaged all communities in the transitional to ensure a safe and secure environment through- process, aimed at the progressive transfer of pub- out Bosnia and Herzegovina to counter the desta- lic administration to local control. UNMIK also, in bilizing effects of Croat action to create a third cooperation with the EU, OSCE and UNHCR, entity (see p. 339); and supported IPTF and local stepped up measures relating to the reform of police in their efforts to quell mob violence and Kosovo’s police and justice system, economic re- maintain police order. Other major activities in- form and reconstruction, the return of refugees cluded an information campaign to reassure the and displaced persons and the improvement of population and deter support for terrorist acts. It security, in particular along the border with the discovered two underground bunkers containing military equipment and ammunition near Han the former Yugoslav Republic of Macedonia. In Pijesak, north-east of Sarajevo. support of UNMIK’s efforts, the Council had sent a mission to Kosovo in June to convey a strong The SFOR/OSCE Joint Restructuring Steering Board, on 13 March in Sarajevo, presented to the message to its local leaders and all concerned to entities the master plan for restructuring EAF. reject violence and promote inter-ethnic recon- The Federation and the Joint Presidency en- ciliation. dorsed the Common Defence Policy Paper, a key In September, the Secretary-General informed elementinthatrestructuring,andestablishedsev- the Council of the constructive cooperation of eral working groups. In the meantime, SFOR was the new FRY authorities with the international verifying the reported 15per cent troop reduction community to bring peace and stability to the of EAF in 2000. It continued to support UNHCR Balkan region and expressed his belief that FRY efforts to encourage the return of Bosnian Serbs had complied with Council resolution 1160(1998) living in Republika Srpska to their home areas. [YUN 1998, p. 369]. Accordingly, on 10 September, the Council lifted all sanctions imposed against FRY and dissolved the committee it had estab- Federal Republic of Yugoslavia lished to monitor them.

Situation in Kosovo The year 2001 saw a number of positive devel- opments in the Federal Republic of Yugoslavia The United Nations continued to work to- (FRY) and in its province of Kosovo. In early wards the full implementation of Security Coun- March, NATO informed the Secretary-General of cil resolution 1244(1999) [YUN 1999, p. 353], which its decision, in anticipation of the ultimate aboli- set out the modalities for a political solution to tion of the ground safety zone—the buffer zone the crisis in the FRY province of Kosovo, as well between Kosovo and Serbia proper—to allow the as resolutions 1160(1998) [YUN 1998, p. 369],1199 controlled return of FRY forces into the zone, (1998) [ibid., p. 377], 1203(1998) [ibid., p. 382] and which took place between March and May. 1239(1999) [YUN 1999, p. 349]. The civilian aspects Also during that period, the United Nations of resolution 1244(1999) were being imple- Interim Administration in Kosovo (UNMIK)be- mented by UNMIK and the military aspects by the gan to lay the foundations for Kosovo’s interim international security presence (KFOR).

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Ground safety zone and southern Serbia taken by KFOR and called on it to continue to ad- In 2001, the security situation in the ground dress the problem. safety zone (GSZ) (the buffer zone between Kosovo Security Council consideration (February). and the rest of Serbia) and in southern Serbia, On 13 February [meeting 4277], the Under- first brought to the Security Council’s attention Secretary-General for Peacekeeping Operations in December 2000 [YUN 2000, p. 378], continued to reported to the Council that there had been in- deteriorate. On 27 January [S/2001/86], FRY re- creased clashes, illegal checkpoints and training ported to the Council that, on the previous day, activities in the GSZ.UNMIK and KFOR continued Albanian terrorists attacked an army unit on the to take action against persons and activities inside Bujanovac-Presevo road in the vicinity of Gomja Kosovo known to support the ethnic Albanian Susaja village, near Bujanovac, outside the GSZ.A fighters using the GSZ as a staging area. They soldier was seriously wounded and later died. were also working in selected areas along the Ko- FRY said those activities were aimed at endanger- sovo side of the administrative boundary to con- ing security, sowing terror among the civilians in trol more effectively the movements of individ- the Bujanovac, Presevo and Medvedja munici- uals attempting to support ethnic Albanian palities in southern Serbia and provoking the fighters. KFOR had over 100 suspected ethnic Yugoslav police and army. It called for an urgent Albanian fighters in detention. Council meeting so that measures could be taken Discussions were continuing with FRY and Ser- to find the perpetrators and bring them to jus- bia and with ethnic Albanian leaders on halting tice. the displacement of persons and on encouraging FRY also requested the Council to ensure that returns to the Presevo area. An inter-agency team the provisions of its statement S/PRST/2000/40 of representatives from the United Nations De- UNHCR [YUN 2000, p. 380] were fully implemented and that velopment Programme, , the Office for the GSZ regime was fully respected. the Coordination of Humanitarian Affairs, the United Nations Children’s Fund and the Office Security Council consideration (January). of the United Nations High Commissioner for The Council, during informal consultations of Human Rights had been sent to the region to as- the whole on 30 January, was briefed by the sess basic humanitarian needs in the Presevo Val- Assistant Secretary-General for Peacekeeping ley area. Operations on the situation in the Presevo Valley, Addressing the Council, the FRY representative including the foregoing incident [A/56/2].He said his Government had recently adopted a stated that, between 18 and 28 January, there was three-phase plan for resolving the crisis in the a notable increase in small-scale attacks on FRY Bujanovac, Presevo and Medvedja municipali- forces by elements of the Liberation Army of Pre- ties. Also known as the Covic Plan, it included the sevo, Medvedja and Bujanovac (UCPMB) and a establishment of the State sovereignty and terri- splinter group (the ethnic Albanian armed torial integrity of Serbia and FRY in that part of groups). Eighteen attacks on FRY forces were re- their territory,the preservation and development ported in the central and northern parts of the of the region’s multi-ethnic character, respect for GSZ. The fighting created a flow of internally dis- all civil and human rights of the ethnic Albanian placed persons into Kosovo. Although KFOR con- community, protection of the basic interests of tinued to conduct proactive operations to inter- Serbs and of their personal property and secu- dict and prevent armed groups from crossing rity, and the building of a multi-ethnic demo- into the GSZ, tension in the area was rising. cratic society, with the viable economic develop- In a statement to the press on behalf of the ment of the three municipalities. In the first Council, the President said that the Council con- phase, already under way, an appeal had been demned the attacks and stressed the need to sent to the ethnic Albanian community to refrain bring the perpetrators to justice. The Council re- from any terrorist acts during negotiations, with called the call made in its December 2000 state- FRY’s army and police undertaking only defen- ment [YUN 2000, p. 380] for the immediate and com- sive activity. The second phase, to be preceded by plete cessation of violence, the dissolution of the reduction or total elimination of the GSZ, ethnic Albanian extremist groups and the imme- would include the permanent cessation of all ter- diate withdrawal from the GSZ of all non- rorist acts, the disarmament of terrorists and dis- residents engaged in extremist activities. Wel- mantling of fortifications, followed by the with- coming FRY’s commitment to work towards a drawal of military and police forces; regular peaceful settlement, the Council also called on mixed local police and military units would re- ethnic Albanian leaders in southern Serbia to main. Those who had not taken part in violent ac- work with the FRY Government to achieve a tion up to the end of the second phase would not peaceful settlement. It welcomed the measures be prosecuted.

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In the third phase, full security and peace in Further returns of FRY/Serbian forces were the region would be established, enabling the authorized on 22 March [S/2001/267] to Sectors A ethnic Albanian community to be integrated into and C (West) of the GSZ, subject to FRY’s agree- the political, State and social systems and to have ment to the specific conditions set by the KFOR their human rights respected. That integration Commander on 24 March; on 11 April [S/2001/ would reflect the local ethnic composition in the 360] to Sector D with effect from 12 April; and on State institutions, economy and social activity,en- 14May [S/2001/497] to Sector B with effect from 24 tailing appropriate representation on the execu- May. The return to Sector B completed the tive boards of municipalities and in the Govern- phased and conditioned reduction of the GSZ. ment of Serbia, the elimination of all forms of NAC also noted the FRY/Serbia proposals on key human rights violations through more effective capacity-building measures contained in the control of police and other government bodies “Outline of the Plan for the Joint Security Forces and free access for accredited human rights or- Entry into the GSZ Sector Bravo” and further as- ganizations. surances made by Serbia’s Deputy Prime Minis- Communication. The EU, on 15 February ter in his letters of 4 and 13 May. [S/2001/153], welcomed the plan adopted by FRY and Serbia on 8 February, which had been pre- sented to it by Serbia’s Deputy Prime Minister Ceasefire agreement Nebojsa Covic on 15February as a comprehensive During the Security Council’s meeting on 16 response to the crisis. The EU looked forward to March [meeting 4296], the FRY representative in- the implementation by Serbia and FRY of meas- formed the Council of the agreement on a cease- ures to fully integrate the ethnic Albanian com- fire in the GSZ in southern Serbia and the agree- munity as soon as possible, and expected the eth- ment between FRY and KFOR on the entry of nic Albanian community in southern Serbia to Yugoslav forces into that part of the GSZ border- designate representatives to engage in construc- ing FYROM.FRY considered that conditions had tive dialogue with Serbia and FRY. That implied been created for the full implementation of the an immediate cessation of violence by armed ex- Council’s repeated requests to end the violence tremist Albanian groups in the GSZ. and to have armed Albanian groups disarmed, disbanded and withdrawn from the GSZ. Steps to- NATO decision wards a gradual and complete elimination of the On 8 March [S/2001/214], the NATO Secretary- GSZ would contribute to a comprehensive imple- General informed the UN Secretary-General mentation of the FRY/Serbia plan for a resolution that, following the previous week’s fact-finding of the crisis (see p. 346). mission to southern Serbia and visits of a NATO political-military team to Skopje, FYROM, the The Council, in statement S/PRST/2001/8 North Atlantic Council (NAC) had decided on a (see p. 350) of the same date, welcomed the cease- number of steps regarding the GSZ to be imple- fire agreement and called for strict compliance mented in the near future, together with with its provisions. It also welcomed FRY’s plan confidence-building measures, including a for southern Serbia and NATO’s decision to ceasefire to be agreed between FRY and Serbian authorize the controlled return of FRY forces to and ethnic Albanian representatives, and the ini- the GSZ. tiation of direct negotiations between the parties. NAC confirmed NATO’s intention ultimately to Other developments abolish the GSZ, but reaffirmed that the KFOR Commander should retain authority over it and Communication. The EU, in a 22 May state- the air safety zone under the terms of the 1999 ment on the demobilization of ethnic Albanian military-technical agreement [YUN 1999, p. 356].As armed groups in the Presevo Valley [S/2001/539], a first step in a phased and conditioned reduc- welcomed the commitment by representatives of tion of the GSZ, NAC authorized the Commander ethnic Albanian armed groups to full demobili- to allow the controlled return of FRY forces into zation in southern Serbia, signed on 21 May by the GSZ sector along Serbia’s border with FYROM UCPMB Commander Shefket Musliu. The EU (Sector C (East)). Further controlled return should urged all concerned to fully respect that commit- continue rapidly thereafter along the northern ment and to hand over their weapons to KFOR and boundary of Kosovo with Serbia proper (Sector return to civilian life. It encouraged FRY/Serbian A), including the strip of the FRY border with Al- authorities and ethnic Albanian representatives bania (Sector C (West)). That part of the GSZ in to continue talks to consolidate implementation the municipality of Medvedja (Sector D) could be of confidence-building measures, including the released at the same time as Sector A or later. early establishment of a multi-ethnic police force.

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UN Interim Administration Mission in Kosovo tional community on mechanisms for the trans- The United Nations Interim Administration fer of governmental powers. OSCE estimated that Mission in Kosovo, established in June 1999 [YUN preparations for province-wide elections would 1999,p. 357], set up, for the purpose of executing its take eight months. Therefore, decisions on key tasks, what were referred to as pillars, concerned elements of the legal framework had to be com- with interim administration (led by the United pleted by April for elections to take place in 2001. Nations), institution-building (led by OSCE), eco- Progress had already been made in updating nomic reconstruction (led by the EU), humanita- voter lists. Meanwhile, UNMIK had begun to re- rian affairs (led by UNHCR), and police and jus- structure the Joint Interim Administrative Struc- tice (formally launched by the United Nations ture (JIAS) to take account of the 2000 municipal on 21 May). UNMIK was headed by the Special election results [YUN 2000, p. 367] and to prepare Representative of the Secretary-General, Hans for a smooth transition to a locally managed Haekkerup (Denmark), who replaced Bernard structure. In the continued implementation of Kouchner (France) on 13 January. those results, 18 of Kosovo’s 30 municipalities Upon assuming office, the new Special Rep- had appointed their chief executive officers and resentative laid out the following priorities for seven had set up their boards of directors. UNMIK: to establish a legal framework for provi- To enhance the rule of law, UNMIK had under sional self-government in Kosovo as a precondi- consideration a more unified judicial, police and tion for the holding of Kosovo-wide elections; to civil administration coordination structure. To develop further an effective law enforcement and improve the quality of the judiciary, it had begun judicial system; and to advance economic recon- assessing the performance of 400 local judges struction. The Special Representative would fos- and prosecutors who had been urgently ap- ter regular dialogue with FRY and Serbia and pointed when UNMIK started. On the police side, open an UNMIK office in Belgrade to contribute UNMIK established the Police Organized Crime to the implementation of those priorities. In ad- Intelligence Unit and 3,138 cadets had gradu- dition, UNMIK continued to address a number of ated from the Kosovo Police Service School. serious challenges related to the security of all The democratic changes in FRY and Serbia Kosovo communities, to the ongoing struggle to proper [YUN 2000, p. 384] provided an opportunity establish durable and universal law and order, for a more constructive relationship with Bel- and to the preparation of joint administrative grade. In that regard, the establishment of an structures. UNMIK office there to facilitate dialogue had UNMIK’s efforts were facilitated and advanced been agreed in principle. Negotiations were con- by the series of regulations that the Special Rep- tinuing with FRY on detainees and missing per- resentative issued during the year. In that con- sons from Kosovo, as well as on a prepared am- nection, the Secretary-General submitted to the nesty bill, which UNMIK said should be extended Security Council in March [S/2001/218/Add.1] the to all Kosovo Albanian detainees. texts of regulations 2000/62-69 and 2001/1-4 UNMIK was working to improve economic and, in October [S/2001/926/Add.1], those of regu- regulation and decrease Kosovo’s economic isola- lations 2001/23 and 2001/24. tion by encouraging direct foreign investment. Security Council consideration (January, Feb- Plans were being made to restore the viability of ruary, March). The Council met on 18 January the Trepcaindustrial complex [YUN 2000, p. 377].A and 13 February to consider the implementation number of policy issues were being considered, of its resolutions relating to the situation in Ko- as well as issues of interim management, owner- sovo. On 18 January [meeting 4258], the Under- ship and debt claims, environmental damage rec- Secretary-General for Peacekeeping Operations onciliation, restructuring and worker retraining, updated the Council on UNMIK’s progress in dis- and the establishment of appropriate mining charging its priority tasks, as identified by the laws. new Special Representative. He also briefed the As to security issues, recent demonstrations in Council on the return of Albanian Kosovars de- south Mitrovica, sparked by the death of a Kosovo tained in FRY, the situation in the Presevo Valley Albanian youth in a 29 January grenade attack, and the problem of depleted uranium. became the focus for protests by Kosovo Alba- In a further briefing to the Council on 13 Feb- nians wanting to show that they did not trust ruary [meeting 4277], the Under-Secretary-General KFOR to provide them with the necessary security. reported that the elaboration of the key princi- While the protests drew little reaction from the ples for discussions on the legal framework for a Kosovo Serbs, threats against the Kosovo Alba- provisional self-government was in progress. nian minority in north Mitrovica were reported. When completed, UNMIK would begin consulta- To defuse tensions, the Special Representative tions with local interlocutors and the interna- and the KFOR Commander visited Mitrovica to

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 349 hold discussions with the local Albanian and Belgrade. They stressed the importance of sub- Serb leaders. A joint declaration was signed by stantial dialogue between Kosovo political the Special Representative, the KFOR Com- leaders and the FRY Government. mander, the Mitrovica Municipal Assembly and Council members called for an end to all acts local political representatives, calling for en- of violence in Kosovo, in particular those ethni- hanced security and expansion of the zone of cally motivated, and urged all Kosovo political confidence to ensure freedom of movement for leaders to condemn those acts and to increase residents, the return of displaced persons and efforts to create inter-ethnic tolerance. They wel- the establishment of functioning political struc- comed the adoption of an amnesty law in FRY, tures. However, representatives of all local Serb and stressed the importance of the immediate factions signed a statement of non-concurrence, release of all Kosovo Albanian prisoners held arguing that the plan excluded Kosovo Serbs and without charge or on political grounds as a that expansion of the zone of confidence was confidence-building measure. only for north Mitrovica. They further welcomed the efforts under- Another security concern related to tension in taken, in particular by the EU and NATO, to sup- the Presevo Valley and in southern Serbia (see port FRY in solving the problems in southern Ser- p. 346). Besides an increase in attacks on Kosovo bia (see p. 347). Serbs and their property in Prizren, Mitrovica, Report of Secretary-General (March). The Gnjilane and Pristina, pressure on Kosovo Serbs Secretary-General, reporting in March on to sell their property remained high, particularly UNMIK [S/2001/218], stated that the current politi- in mixed municipalities. Dialogue had begun cal situation among Kosovo Albanians was char- with FRY, Serbian and Kosovo Serb and Kosovo acterized by tensions between the two major par- Albanian political and community leaders on ties, the Democratic League of Kosovo (LDK), the envisioned framework for Serb returns to which had a majority in 24 municipalities, and Kosovo. the Democratic Party of Kosovo (PDK), which had On the question of depleted uranium, a draft a majority in three. Tensions arose from the two report on its effects, prepared by a World Health parties’ inability to reach agreement on co- Organization assessment team, concluded that governance, highlighting the continuing mis- its threat to public health and the environment trust between them. Nevertheless, they were was minimal. It recommended an information united in their desire for Kosovo-wide elections campaign to encourage public reporting of dis- in 2001and in their condemnation of the most re- coveries of depleted-uranium rounds, improved cent violence against Kosovo Serbs. medical health data and an effective information The Kosovo Serb community was likewise di- system on the health situation in Kosovo to help vided. The recent change of government in Bel- monitor all of its aspects, including with respect grade [YUN 2000, p. 384] contributed to a further to depleted uranium. decrease in the influence of the Serb National On 6 March [meeting 4286], the Security Council Council–Gracanica in central Kosovo and of the held a private meeting with the participation of Serb National Council in north Mitrovica. Al- FRY’s Prime Minister, Zoran Zizic, to exchange though the former continued to participate in views on the Kosovo situation and on the imple- UNMIK’s Kosovo-wide institutions, its standing mentation of resolution 1244(1999). In a state- among the Kosovo Serb community had dimin- ment to the press [A/56/2], the President said that ished. On the other hand, particularly in the Mi- Council members welcomed the Special Repre- trovica region, those forces associated with the sentative’s ongoing efforts to implement fully Democratic Opposition of Serbia (DOS) had con- resolution 1244(1999), including the develop- solidated. Triggered by the violent events in Mi- ment of an institutional framework for the provi- trovica in January and February (see p. 350), the sional self-governing institutions of Kosovo. positions of some Kosovo Serb leaders had hard- They called on all parties to support UNMIK in ened, with the creation of a self-styled “Commit- building a stable and multi-ethnic democracy in tee for the Defence of Mitrovica”. UNMIK had Kosovo and to ensure suitable conditions for made an intense effort to re-engage Kosovo Serb Kosovo-wide elections for those institutions as leaders in the Mitrovica region on key issues soon as feasible, including through the registra- affecting their communities. tion of all habitual residents of Kosovo, the re- To ensure the representative nature of the pro- turn of refugees and adequate security for all. vincial institutions, UNMIK had been examining Council members also welcomed the contin- ways to reform JIAS. ued improvement of relations between the FRY Persistent instances of ethnically and politi- Government and UNMIK and KFOR, and sup- cally motivated violence continued to pose a ported the early opening of an UNMIK office in threat to the fulfilment of UNMIK’s mandate. In

YUN01—REPROS-cxs jUNE 19 2003 350 Political and security questions late January and early February, violent protests fore participate in the structures established to by the Kosovo Albanian population in south govern the area. Mitrovica resulted in the burning of KFOR and According to the Special Representative, ex- UNMIK police vehicles. To put an end to the dem- tremist actions in FYROM (see p. 368) were desta- onstrations, UNMIK and KFOR persuaded Kosovo bilizing the situation in the region. Although the Albanian leaders to sign a joint declaration and problem was an internal one, it was important for plan of action. In Prizren and Pristina, violence KFOR and UNMIK to support FYROM in its efforts between Kosovo Serbs and Kosovo Albanians was to solve it, including sealing off the border. on the rise. On 24 January, in Velika Hoca, near The Special Representative stated later in the Orahovac municipality (Prizren region), six Ko- meeting that he would welcome a visit by the sovo Serb–owned houses were damaged by mortar Security Council to Kosovo, which should help fire. In early February, several attacks on Kosovo in addressing the implementation of resolution Serb homes and churches occurred, including an 1244(1999). explosion that destroyed an Orthodox church west of Gnjilane on 7 February, as well as a num- SECURITY COUNCIL ACTION ber of attacks against Kosovo Serb houses, many On 16 March [meeting 4298], following consulta- of them potential dwellings for Kosovo Serb tions among Security Council members, the returnees, and cultural sites in the Gnjilane, President made statement S/PRST/2001/8 on Prizren and Pristina regions. A spate of more se- behalf of the Council: rious attacks targeting Kosovo Serbs occurred in The Security Council welcomes the briefing by mid-February,the worst being the 16 February at- the Special Representative of the Secretary-General tack near Podujevo on a KFOR-escorted convoy of on progress in the implementation of its resolution civilian buses en route from Nis in Serbia proper 1244(1999) of 10 June 1999. to Gracanica near Pristina [S/2001/145]. The Council commends the Special Representa- Further Security Council consideration. At a tive of the Secretary-General and the commander of the Kosovo Force for their ongoing efforts to imple- 16 March Security Council meeting [meeting 4296], ment fully resolution 1244(1999),undertaken under which had before it the Secretary-General’s difficult circumstances, and welcomes the priority March report, the Special Representative stated areas of work identified by the Special Representa- that, in order to accelerate the process of defin- tive of the Secretary-General. ing a legal framework, he had established on The Council welcomes the establishment of a 6 March a working group of international and working group under the authority of the Special Kosovar legal experts, including representatives Representative of the Secretary-General aimed at de- of the major ethnic groups, to elaborate the struc- veloping a legal framework for provisional insti- tutions for democratic and autonomous self- ture of the future institutions of provisional self- government in Kosovo and stresses the need for all government in Kosovo. The group would indi- ethnic groups to be represented in the work of this cate clearly those powers and competencies to be group. It underlines the need to keep the Govern- transferred and those to remain under his con- ment of the Federal Republic of Yugoslavia in- trol, but would not address the question of sover- formed on the process. It calls on all parties to sup- eignty. Nor would the legal framework address or port the efforts of the United Nations Mission in in any way prejudge the final political settlement Kosovo to build a stable multi-ethnic democratic so- ciety in Kosovo and to ensure suitable conditions for on Kosovo’s status. The Special Representative Kosovo-wide elections. It stresses the importance of regretted the withdrawal of the group’s Kosovo a number of steps being taken for the holding of Serb member. these elections: the establishment of the legal frame- The Special Representative further reported work, in particular the definition of the functions that FRY’s Parliament had passed an amnesty law, and powers of the elected bodies; the development of covering, however, only a small number of the an integrated voter registry which should include the refugees and internally displaced persons; full Kosovo Albanian detainees, of whom close to 500 involvement of all the communities in the ballot; and remained imprisoned in Serbia. He called on a high security environment for the voting. Belgrade to transfer all detainees to UNMIK for a The Council welcomes close contact between the review of their cases according to international Government of the Federal Republic of Yugoslavia standards. To further the normalization process, and the Mission and the international security pres- the Special Representative said two clear mes- ence, in particular the steps taken towards the open- sages from Belgrade were needed: one to the Ko- ing of a Mission office in Belgrade, which will facili- sovo Albanians, that Belgrade’s new democratic tate these consultations. It stresses the importance of substantial dialogue between Kosovo political lead- Government was prepared to take the steps nec- ers and the Government of the Federal Republic of essary to normalize relations between it and Pris- Yugoslavia. tina; and another to the Kosovo Serbs, that their The Council calls for an end to all acts of violence future lay in Kosovo and that they should there- in Kosovo, in particular those which are ethnically

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motivated and urges all political leaders in Kosovo to incident, which, he said, was further evidence of condemn these acts and to increase their efforts to the extremely poor security situation in Kosovo, create inter-ethnic tolerance. It reiterates the impor- particularly affecting the few remaining non- tance of resolving the problem of the missing and de- tainees and notes that this would be a major Albanians, and of the failure of UNMIK and KFOR confidence-building measure. It welcomes the ini- to fulfil their tasks in accordance with Security tial steps taken by the Government of the Federal Council resolution 1244(1999). He recalled that Republic of Yugoslavia in this regard. at his 30 March meeting with the Secretary- The Council remains concerned about the secu- General, he had pointed out the escalation of ter- rity situation in certain municipalities in southern rorism among Albanian extremists, who had Serbia as a result of the violent actions of ethnic Al- been reinforced and, to all appearances, encour- banian armed groups. It welcomes the ceasefire aged or at least incited by insufficient UNMIK and agreements signed on 12 March 2001 and calls for strict compliance with their provisions. It stresses KFOR measures. that a peaceful settlement of this crisis can only be Serbia’s National Assembly, by a 4 May resolu- achieved through substantial dialogue. It commends tion [S/2001/443], stated that, two years after the es- the continued restraint of the authorities of the Fed- tablishment of civil and security presences, the eral Republic of Yugoslavia and Serbia. The Security security situation in Kosovo and Metohija was be- Council welcomes the plan of the Government of the coming increasingly serious. The return of ex- Federal Republic of Yugoslavia for southern Serbia and supports its initiative to find a peaceful and du- pelled persons was more uncertain than ever, and rable solution through a process of dialogue and the daily life of the remaining Serbs and other confidence-building measures. It expresses the opin- non-Albanians was uncertain and risky. Inter- ion that the swift implementation of confidence- national representatives were working more for building measures would be an important element the adoption of regulations on interim self- in a peaceful settlement, and underlines the impor- governance than on ensuring the population’s tance of continued political and financial support safety and security. The National Assembly de- for this process by the international community. manded that UNMIK conduct an investigation The Council welcomes the decision taken by the North Atlantic Treaty Organization to authorize the within a month into the fate of all abducted and commander of the international security presence to missing persons and inform their families as allow the controlled return of forces of the Federal well as the public about the results. It appealed Republic of Yugoslavia to the Ground Safety Zone as to all international human rights institutions to defined in the military-technical agreement signed intensify their efforts to ascertain the fate of in Kumanovo on 9 June 1999,referred to in annex II 1,300 abducted and missing Serbs and other non- of resolution 1244(1999), as a first step in a phased Albanians. and conditioned reduction of the Ground Safety Zone. The establishment of customs points at the ad- The Council reiterates its strong support for the ministrative boundary of Kosovo and Metohija former Yugoslav Republic of Macedonia as set out in with central Serbia caused added concern and the statement of its President of 7 March 2001. It violated resolution 1244(1999) (see p. 363). The strongly condemns the continuing extremist vio- Assembly fully supported the population’s resist- lence in parts of the former Yugoslav Republic of ance to that gross breach of Yugoslav customs Macedonia, supported from outside the country, laws and Serbia’s tax legislation. which constitutes a threat to the stability and secu- rity of the entire region, and underlines the impor- Moreover, the basic text of the draft legal tance of maintaining the territorial integrity of the framework for provisional self-government for former Yugoslav Republic of Macedonia and all Kosovo, as prepared by UNMIK, did not provide other States in the region. It supports efforts by the even minimum guarantees for protecting the Government of the former Yugoslav Republic of rights of Serbs and other non-Albanian commu- Macedonia to cooperate with the North Atlantic nities. It was unacceptable to adopt any “legal TreatyOrganization and other international organi- framework for provisional self-government for zations to end this violence in a manner consistent with the rule of law. Kosovo”, or to contemplate the holding of elec- The Security Council will remain actively seized tions, without the prior fulfilment of all obliga- of the matter. tions stemming from paragraph 9 of resolution 1244(1999), particularly those relating to the full Communications. On 19April [S/2001/382], FRY demilitarization of the so-called Kosovo Libera- reported that, the previous day, a bomb activated tion Army and other armed groups, as well as to by remote control went off in front of the offices the establishment of a safe environment in which of the Committee of the Yugoslav Government displaced persons could return to their homes in for Cooperation with UNMIK in Pristina, killing conditions of full public safety and order. one person and wounding three others. On the The National Assembly demanded that the same date [S/2001/386], the FRY President, Vojislav working group on the elaboration of the legal Kostunica, expressed his exasperation over the framework adopt Serbia’s amendments ensuring

YUN01—REPROS-cxs jUNE 19 2003 352 Political and security questions the maintenance of a multi-ethnic Kosovo and cover their property, and another requiring that Metohija within Serbia and FRY and guarantee- competent institutions had to facilitate returns; ing the rights of ethnic communities, and the es- the creation of a Committee on the Rights and tablishment of an interim system of consensual Interests of Communities in the Assembly with democracy in which national and ethnic differ- guaranteed and equal representation of commu- ences were institutionally safeguarded. nities and special rights to review proposed legis- lation to ensure that the communities’ rights and interests were adequately addressed and to en- Constitutional Framework able the Special Representative strictly to moni- for Provisional Self-Government tor the legislative process; guaranteed set-aside The Secretary-General, in his June report on seats for Kosovo Serbs and other communities in UNMIK activities [S/2001/565], informed the Secu- the Assembly to ensure adequate representation, rity Council that the joint working group consti- as well as guaranteed representation of all com- tuted on 6 March had, over a nine-week period, munities in the Assembly presidency and other elaborated a constitutional framework for Koso- bodies, including main and functional commit- vo’s provisional self-government. Represented in tees; full control and authority by the Special the group were the three Albanian political par- Representative over the judiciary, including the ties, a Kosovo Serb member and a Bosniac repre- power to determine the assignment of interna- senting other minorities, in addition to a civil so- tional judges and prosecutors to cases so as to en- ciety representative, an independent expert and sure the fair administration of justice, particu- seven international members, including the larly in sensitive cases involving communities; chairman. The final document reflected the and broad authority for the Special Representa- large measure of agreement reached in the tive to intervene and correct any actions of the group, including comprehensive provisions on provisional institutions of self-government that the structure and powers of the legislature, the were inconsistent with resolution 1244(1999), in- judiciary and the executive branch. Five issues on cluding the power to veto Assembly legislation which there had been no agreement (the title of where necessary. the document, the request for a directly elected The Framework also provided for the follow- President, a Constitutional Court, a referendum ing mechanisms to address Kosovo Serb con- and a sunset clause spelling out the time period cerns: a procedure enabling the Assembly’s com- of provisional self-government) were resolved munity members to object to legislation they felt by the Special Representative, in consultation violated their “vital interests” and to initiate a with the Secretary-General. On 16 May, the Spe- special process to avoid adoption of legislation cial Representative signed into law Regulation without prior scrutiny by a panel in which a rep- 2001/9 on the Constitutional Framework for Pro- resentative of the Special Representative and a visional Self-Government and established, on 18 community representative would have a major- May, the Steering Group on Issues of Implemen- ity; a requirement that the Ombudsperson give tation of the Constitutional Framework to coor- priority to allegations of discrimination against dinate the efforts of five working groups dealing communities and their members and allegations with implementation. of violations of community rights; preambular The Constitutional Framework provided for a language reaffirming the commitment to the 120-seat Assembly based on proportional repre- safe return of refugees and displaced persons sentation, with the first 100 seats reserved for all and to freedom of movement; and preambular registered parties and 10 seats each for Kosovo language stressing the importance of a free, safe Serbs and other communities. A seven-member and open political environment for members of presidency of the Assembly would guide its work. the communities. The Assembly would elect a President, who in turn The Secretary-General said that key to the suc- would nominate a Prime Minister. The Frame- cess of the Constitutional Framework was local work contained extensive safeguards for the pro- acceptance of the document. In the main, reac- tection of communities and human rights, in- tions to its signing among Kosovo Albanian mem- cluding: an extensive list of guaranteed rights of bers of the Interim Administrative Council were communities and their members in such areas as encouraging. Ibrahim Rugova and Ramush Ha- language, education, employment, media and radinaj, leaders of LDK and the Alliance for the public services, with a reservation giving the Spe- Future of Kosovo, respectively, expressed their cial Representative the power to intervene to pro- support for the document, despite the exclusion tect those rights; strong human rights provisions, of certain key requests that they intended to pur- including one on the right of all refugees and dis- sue. However, the PDK president, Hashim Thaci, placed persons to return to their homes and to re- said the document would hold hostage the aim of

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Kosovo’s people, which was political indepen- In addition, the Framework did not contain dence. According to local media reports, the FRY sufficient institutional guarantees for the pro- authorities and the Kosovo Serbs considered the tection of rights and interests of national commu- Framework “unacceptable”. On 14 May, the Spe- nities. It was premature to transfer judicial cial Representative appeared on local television responsibilities to provisional institutions of to announce the promulgation of the Constitu- self-government, since conditions for a truly in- tional Framework and 17 November as the date dependent and impartial judiciary did not exist; for Kosovo-wide elections. therefore, judicial affairs should have remained within the reserved powers of the Special Repre- Communications. The EU,on16May[S/2001/ sentative. Also, any reference to the Kosovo Pro- 538], welcomed the promulgation of the Constitu- tection Corps [YUN 2000, p. 364] was unacceptable. tional Framework and the announcement of a FRY emphasized its support in principle for the date for elections. The EU urged all individuals and communities to participate in the elections elections, provided the conditions necessary for and to refrain from violence in the process lead- the holding of truly all-inclusive, free and fair ing to them. elections existed well before the election date. Report of Secretary-General (June). Report- FRY, on 5 June [S/2001/563], informed the Secu- ing on the political situation in his June report on rity Council that, while it supported the estab- UNMIK [S/2001/565], the Secretary-General said lishment of provisional institutions of self- that the political engagement of the Kosovo Serb government and was ready to cooperate fully community remained a major challenge for UN- with the United Nations, UNMIK and the Special MIK, rendered more difficult by the branding of Representative, it had serious concerns and res- the Constitutional Framework as “unacceptable” ervations regarding the Constitutional Frame- by FRY authorities and by the continuing divi- work and the holding of general elections, stress- sions within the community itself. In the Mitro- ing that certain of the Framework’s elements vica region, the self-styled Political Committee disregarded the principle of respect for FRY’s ter- for the Defence of Kosovska Mitrovica, formed in ritorial integrity and sovereignty. In particular, it February, had gained influence, with radical Ko- omitted any express reference to Kosovo and Me- sovo Serb leaders seizing on the issue of UNMIK tohija as being part of FRY and Serbia—an unac- tax collection points along the northern adminis- ceptable omission; the term “constitutional” in trative boundary line (see p. 363) to further the title implied that the document was a consti- harden the stance of the Kosovo Serb community tution of a State, which it was not nor could it be; in the region. The ensuing roadblocks and the references to “the people of Kosovo” could nei- linkage made between the tax collection points ther bear nor imply any connection with the no- and the Constitutional Framework made pro- tion of “peoples” or the principle of “equal rights gress on the issues in the divided city of Mitrovica and self-determination of peoples” as contained and on Kosovo Serb cooperation with UNMIK in the UN Charter or in the Declaration on Prin- very difficult. Faced with those difficulties, UN- ciples of International Law concerning Friendly MIK made efforts to re-engage Kosovo Serb lead- Relations and Cooperation among States in ac- ers in the Mitrovica region and to encourage FRY cordance with the Charter of the UN, adopted by to use its influence in that regard. To that end, General Assembly resolution 2625(XXV) [YUN the Secretary-General met with FRY President 1970 , p . 789 ] ; and the provisions on the President of Kostunica in New York on 8 May, resulting in Kosovo and Metohija and his/her responsibili- some recent positive indications, including en- ties “in the field of external relations”, as well as couragement by FRY authorities of Kosovo Serb the related provisions concerning certain respon- participation in civil registration and an agree- sibilities of provisional institutions, were con- ment on tax collection points. trary to the letter and the spirit of resolution Continuing instances of ethnically and politi- 1244(1999). As a part of FRY and Serbia, Kosovo cally motivated violence, as well as organized and Metohija was represented in international crime, remained of great concern. Tensions in relations by the FRY Government, or by the Spe- the Mitrovica, Gnjilane and Pristina regions had cial Representative to the extent allowed under increased, as had targeted attacks on specific in- that resolution. The reference to “the will of the dividuals, particularly of the Kosovo Serb com- people” in the Framework’s preamble had to be munity. There was a severe limitation on free- interpreted without prejudice to the respect for dom of movement as a result of the temporary the principle of sovereignty and territorial integ- suspension of UNHCR-operated bus lines and the rity and should be understood as including the interruption of train services. The single most will of all citizens of Serbia and FRY, expressed di- disturbing and extreme act of violence was the 18 rectly or through their elected representatives. April bomb attack in the centre of Pristina (see

YUN01—REPROS-cxs jUNE 19 2003 354 Political and security questions p. 351). Kosovo Albanian leaders were swift to since the adoption of resolution 1244(1999), the condemn that attack, reflecting their relatively overall situation in Kosovo had remained tense. recent readiness to condemn such terrorist acts. Despite the massive international presence there, Violence against the international community an unacceptably high level of violence persisted, was on the rise. Openly aggressive behaviour to- and ethnic Albanian extremists and separatists wards law enforcement and security personnel continued to intimidate and force out Serbs and had become commonplace, taking the form of other non-Albanians, and persisted in aggravat- threats and assaults against members of the Ko- ing the situation in southern Serbia and FYROM. sovo Police Service, UNMIK police and KFOR.On UNMIK and KFOR efforts to ensure safe living 11 April, a Russian KFOR soldier was fatally shot conditions for all communities and to achieve sta- in the Kamenica area. bility had so far failed to bring about the expected The Mitrovica region continued to be a focal results. The UNMIK leadership had taken deci- point for violence and civil disobedience within sions and actions without properly clearing them the Kosovo Serb community. Following the arrest with the Yugoslav leadership; it neither took full by UNMIK police of three Kosovo Serbs on 14 account of the lawful interests of the Serb and March, the level of violence escalated, resulting other Kosovo communities, nor respected FRY’s in the injury of 21 UNMIK police officers and sovereignty and territorial integrity,in particular damage to seven police vehicles and several the promulgation by UNMIK’s head of the Consti- houses. UNMIK police temporarily suspended tutional Framework for Provisional Self-Govern- patrols in northern Mitrovica, resuming them in ment in Kosovo and his announcement of the early May with KFOR assistance. The blockades of holding of province-wide elections in November. critical road junctions in the largely Kosovo The Russian Federation was convinced that Serb–controlled northern municipalities of Le- the Kosovo problem could be settled only on the posavic, Zubin Potok, Zvecan and north Mitro- basis of the strict and full implementation of vica from mid-April to early May further exacer- resolution 1244(1999); it intended to do every- bated the situation in the region. On 24 May, the thing possible to contribute to that goal. Special Representative promulgated regulation 2001/10 on the prohibition of unauthorized bor- Security Council mission der/boundary crossings, making crossing at loca- A Security Council mission on the implemen- tions other than at authorized border or bound- tation of resolution 1244(1999) visited Kosovo, ary crossings a criminal offence. FRY, from 16 to 18 June [S/2001/600]. Organized In an effort to minimize the effect on Kosovo of pursuant to the Council’s 15 May decision the instability in the region, UNMIK fostered [S/2001/482], the mission was to: find ways to en- close cooperation with neighbouring States. In hance support for the implementation of the that context, the Special Representative met with resolution; observe the situation on the ground Albanian representatives on 15 and 16 April and and UNMIK’s operations, including the difficult again on 16 May, as well as with FYROM authori- challenges facing it; look at the impact of the ties on 7 May. regional situation on UNMIK’s work; convey a An outbreak of inter-ethnic violence in FYROM strong message to local leaders and all others and the resulting month-long closure of its bor- concerned about the need to reject all violence, der with Kosovo until 3 April adversely affected ensure public safety and order, promote stability, the political and security situation in Kosovo and safety and security, inter-ethnic reconciliation severely limited UNMIK’s freedom of movement and inclusion, support the full and effective im- and the delivery of essential supplies. plementation of resolution 1244(1999) and fully Although UNMIK was concerned over the cooperate with UNMIK to those ends; and review phased re-entry into the GSZ of the joint Yugoslav ongoing implementation of the prohibitions im- forces, particularly the last phased re-entry into posed by the Council in resolution 1160(1998) sector B effective 24 May (see p. 347), all phased [YUN 1998, p. 369]. redeployments went smoothly. Under considera- The mission comprised the Permanent Repre- tion were programmes for the social rehabilita- sentatives to the United Nations of Bangladesh tion of former UCPMB fighters to avoid further (head of mission), China, Colombia, France, Ire- activity should they remain unemployed. To re- land, Jamaica, Mauritius, Norway, the Russian duce the possibility of their becoming engaged in Federation, Tunisia, the United Kingdom and the ongoing conflict in FYROM, KFOR was also in- the United States, a Counsellor of Mali and creasing its efforts at the border with that coun- Minister-Counsellors of Singapore and Ukraine. try. The mission held discussions with: the Special Communication. In an 8 June press release Representative and other related UN, OSCE and [S/2001/601], the Russian Federation stated that, EU officials; a representative group of Kosovo

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 355 women; members of the Yugoslav Committee on supported the development of a comprehensive Kosovo and the Kosovo Serb representative in the strategy to resolve the complex situation in Mi- joint working group on the drafting of the Con- trovica, and emphasized the need for multi- stitutional Framework; the UN regional adminis- ethnic initiatives in the social, economic and reli- tration in Mitrovica and, separately, Kosovo Alba- gious areas to start rebuilding confidence nian and Kosovo Serb representatives; the between the communities. Russian Federation President, who was visiting The mission underlined the responsibility of the region; the KFOR Commander; and the FRY the Kosovo leadership for creating conditions President, Foreign Minister and Interior Minis- conducive to improving inter-communal rela- ter. tions and promoting reconciliation. It conveyed The mission found that, in the two years since to all community leaders that the responsibility its inception, UNMIK had made considerable pro- lay with them clearly and openly to reject vio- gress in implementing resolution 1244(1999), al- lence, extremism and terrorism, and that the ma- though much remained to be done. At the cur- jority should ensure respect for the rights of the rent critical stage of its mandate, the continued minority communities. It advised the Kosovo Al- effectiveness of UNMIK required a major effort banian leadership to be more forthcoming with on its part and by KFOR and UNMIK police, regard to improving the treatment of the minor- backed up by the Council and by a sustained in- ity communities. In turn, minority communities put of resources from the international commu- should realize that there was no alternative to es- nity. tablishing a multi-ethnic society. The mission While the mission was left in no doubt that acknowledged that those communities had legiti- strong reservations existed about the difficulties mate grievances, which it urged UNMIK and involved in advancing preparations for the Ko- KFOR to address, but believed that participation sovo elections on the basis of the Constitutional was the only viable future for all communities. Framework, it recognized that the status quo was The Kosovo Serb community, in particular, unacceptable and that a political process had to should integrate into the structures being set up be taken forward in accordance with resolution by UNMIK, rather than attempt to set up parallel 1244(1999).In underscoring that elections would ones. UNMIK should enhance its dialogue with enhance the democratic process in Kosovo and the FRY authorities, whose influence in Kosovo the region’s stability, the mission stressed that se- was key in the implementation of resolution cure conditions for holding them should be en- 1244(1999). Further efforts to ensure full imple- sured. The participation of all communities in mentation of that resolution remained a high the elections, as well as the return of refugees and priority of the Council. displaced persons so that they might also partici- The mission’s report was presented to the pate, should be encouraged. Council on 19 June [meeting 4331] and debated on The mission supported UNMIK’s efforts to cre- 22 June [meeting 4335], during the Council’s con- ate a multi-ethnic Kosovo and emphasized the sideration of the Secretary-General’s June report need to remove current obstacles to it, such as in- on UNMIK (see p. 353). adequate physical, social and economic security, and lack of freedom of movement and equal ac- Further developments cess to public services. It welcomed the Special Security Council consideration (July, August, Representative’s establishment of the new UN- September). The Security Council, at its meet- MIK police and justice pillar (see p. 348) and leg- ings on 26 July [meeting 4350] and 28 August [meet- islation to combat organized crime, illegal weap- ing 4359] and a private meeting on 17 September ons possession and terrorism. It noted the [meeting 4373], continued to review the political and consequent additional resources required for security developments in Kosovo and the effects justice and policing, an Assistant Secretary- on it of the security situation in FYROM. General position to head the new pillar, increas- At the July meeting, the Under-Secretary- ing the number of international judges and General for Peacekeeping Operations informed prosecutors and additional detention facilities. It the Council that, in terms of implementing the recommended that KFOR regularly provide de- Constitutional Framework, UNMIK was continu- tailed information on weapons seized so as to en- ing to determine its provisions and to prepare for able the Security Council Committee established the transfer of authority after the elections. Spe- pursuant to resolution 1160(1998) to pursue pos- cifically, UNMIK’s focus was on the development sible violations. of the institutions of the executive branch, as they The mission also recommended that intensi- were not spelled out in the Constitutional Frame- fied efforts be exerted towards resolving the issue work, and on the support and oversight UNMIK of missing and detained persons (see p. 351). It was to provide to those institutions. Preparations

YUN01—REPROS-cxs jUNE 19 2003 356 Political and security questions for the transition had stressed the “Kosovariza- lines of the cooperation developed between KFOR tion” of senior management and the capacity- and Yugoslav authorities in the GSZ (see p. 347). building of local staff in administration, pro- Communication. On 25 July [S/2001/740], the curement, market management policy, budget FRY Foreign Minister, in a letter addressed to the and finance. Special Representative, complained that the The Under-Secretary-General also touched on “Guidelines for visits of government officials and relations with Belgrade, which, he said, contin- political entity representatives from the Federal ued to intensify. The appointment of Serbia’s Republic of Yugoslavia” to Kosovo, adopted by Deputy Prime Minister as the Coordinator for UNMIK and conveyed to him on 17 July, were Kosovo added a new dimension to that relation- likely to impede rather than facilitate visits of ship. Those relations were being complicated, government officials and political party repre- however, by the increasingly direct activity of the sentatives. The formalities required, including authorities of FRY and Serbia in Kosovo, includ- conditions for approval and periods for the sub- ing attempts by the Federal Committee for Ko- mission of requests for visits, contained serious sovo to establish its own executive functions and restrictions that implied relations between sover- business registration activities in Kosovo, as well eign States, which were clearly inappropriate for as the opening of regional offices without UNMIK visits by individuals from the rest of FRY to Ko- consent. An additional complicating factor was sovo and Metohija, an integral part of FRY and its the humanitarian convoy organized on 14July by constituent Republic of Serbia. Those measures the Kosovo Albanian party, PDK. were not conducive to fruitful cooperation with the international community. The Foreign Min- In his briefing of the Council at the August ister asked the Special Representative to recon- meeting, the Under-Secretary-General said that sider the Guidelines, and expressed FRY’s readi- UNMIK was finalizing the structure of the institu- ness to settle that and other matters by an tions of provisional self-government, in which agreement on cooperation with, and on the status the JIAS departments would be streamlined into a of, UNMIK. more manageable number of government minis- Report of Secretary-General (October). In his tries. To build political consensus on the future October report on UNMIK [S/2001/926], the structures, the Special Representative consulted Secretary-General noted that, despite PDK’s ini- the local leadership, who had expressed support tial reticence in respect of the Constitutional for the streamlining. Along with preparations at Framework, all major Kosovo Albanian political the central level, the consolidation of municipal forces appeared to have lent their support to im- structures continued, with further efforts to de- portant political and security initiatives and cru- volve authority to municipalities. He informed cial legislation to combat terrorism and organ- the Council that relations with Belgrade had im- ized crime. proved. A step forward was the 15 August meet- On the sensitive issue of the Framework for Re- ing between the Special Representative, the KFOR turn of Kosovo Serbs, the stated preference of the Commander and Serbia’s Deputy Prime Minis- Kosovo Albanian members of the Interim Ad- ter, at which the Special Representative reiter- ministrative Council was for that return process ated the need to implement resolution1244(1999) to start after the November elections. In public in all of Kosovo and to ensure that no parallel se- statements, however, they acknowledged the role curity and administrative structures were in of the Kosovo Serb community in Kosovo’s fu- place, especially in Mitrovica and northern Ko- ture, marking a significant departure from the sovo. UNMIK was currently exploring administra- previously held position of the main political tive ways to improve working relations with FRY’s parties. They moreover joined UNMIK in calling Joint Coordination Centre for Kosovo. In keep- on the Kosovo Serb community to register and ing with the parties’ agreement to meet regularly, participate in the November elections and agreed they held another meeting near Pristina on 21 that special measures had to be taken to protect August. the Kosovo Serb community and guarantee its At the private meeting on 17 September, presence in Kosovo. the Council was briefed by Serbia’s Deputy The political engagement of the Kosovo Serb Prime Minister, who was also head of FRY’s communities was an ongoing challenge, as their Coordination Centre for Kosovo. He expressed political entities continued to look to Belgrade concern about the continuing violence in Kosovo, for sponsorship and direction. The communities the very small number of displaced persons re- remained divided and reluctant to participate in turning to the province and the certification of the administrative structures. Progress in incor- extremist parties. He appealed for cooperation porating minority communities in the municipal between UNMIK and FRY authorities along the assemblies and related structures was mixed, al-

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 357 though recent advances were noted, particularly tions of self-government and laid out general the assumption of seats in the Pristina Municipal principles for its establishment, including a re- Assembly by three Kosovo Serb appointees. quirement that its composition should generally Ethnically motivated violence against Kosovo reflect the participation of Kosovo’s various com- minority communities continued, including an munities in the Assembly. increase in the number of attacks at the begin- UNMIK continued preparations for the elec- ning of August and of September. Nevertheless, tions to the Kosovo Assembly. Voter and civil reg- freedom of movement of minority communities istrations were conducted from 30 July to 22 incrementally improved, following UNMIK’s full September. New Kosovo Albanian registrants assumption of operational responsibility for the totalled 23,940, while new minority community bus lines, hitherto sponsored by UNHCR, and for registrants (mainly Kosovo Serbs) totalled 69,349. the “freedom of movement” trains between key In Serbia proper, 98,380 people registered, and Kosovo communities. The number of incidents 5,873 in Montenegro. Mail-in registration ap- involving the use of weapons remained alarming. plications numbered 58,456. The institution- UNMIK and KFOR continued to eliminate unau- building pillar estimated that over 170,000 new thorized weapons in Kosovo and, in a Kosovo- registrants from non-Albanian Kosovo commu- wide operation, KFOR continued to confiscate nities had registered, some 150,000 of whom weapons and seek out suspected members of were Kosovo Serbs. armed groups. Following a number of apparently To encourage participation of all communities politically motivated criminal incidents, includ- in the electoral process and in the ensuing insti- ing the attempted assassination of an LDK politi- tutions of provisional self-government, the cian in Srbica (Mitrovica region), UNMIK re- institution-building pillar established a special established the Political Violence Task Force to task group with five mobile teams to reach out to coordinate response to any such future attempts. Kosovo Serbs and communities of internally dis- UNMIK worked with KFOR to reduce the im- placed persons currently living in and outside pact on FYROM of ethnic Albanian armed groups Kosovo. A call on Kosovo Serbs to register by operating from Kosovo and to sever possible ties FRY’s President and by Serbia’s Prime Minister at between radical elements in Kosovo and the so- the end of August gave momentum to the pro- called National Liberation Army operating in FY- cess, triggering an average daily registration of ROM (see p. 372). More than 1,200 people had 3,000 to 4,000 Kosovo Serbs. been detained and processed under regulation Between 22 June and 20 July, 33 political enti- 2001/10 on the prohibition of unauthorized bor- ties applied for certification, of which 25 had so der/boundary crossings. KFOR reported no evi- far been certified by the Central Election Com- dence of any involvement of the Kosovo Protec- mission. An estimated 12,000 to 14,000 candi- tion Corps in FYROM.UNHCR estimated that dates were expected to run for office. The Com- 26,000 refugees from FYROM remained in Ko- mission had adopted electoral rules covering the sovo as at 30 September, mainly in the Gnjilane role of municipal election commissions, the region. UNMIK was increasingly concerned about status of observers during the electoral process, the potential impact on inter-ethnic relations of the issue of candidate registration and equitable ethnic Albanian refugees from FYROM taking up media access for political entities. The Commis- residence in Kosovo. It feared that the presence sion had also determined that one third of the of those refugees in the Gnjilane and Prizren regions, candidates in the first two thirds of the registra- where the majority were interspersed among tion list should be women. The institution- mixed and minority communities, could affect building pillar re-established the Political Party areas being considered for minority returns. Consultative Forum, which had proved effective Substantial progress had been made in the in disseminating election information for the preparations for the transfer of authority to the 2000 municipal elections [YUN 2000, p. 367].OSCE institutions of provisional self-government. On continued its educational project, “Voters’ voices”, 13 September, the Special Representative prom- to hear voters’ concerns about Kosovo-wide ulgated regulation 2001/19 on the Executive issues. Branch, setting out the functions and competen- cies of the ministries of the provisional self- SECURITY COUNCIL ACTION (October) government. Work was under way to streamline On 5 October [meeting 4388], following consulta- the 20 JIAS departments into 10 ministries, cover- tions among Security Council members, the ing the executive functions listed in chapter 5 of President made statement S/PRST/2001/27 on the Constitutional Framework. The regulation behalf of the Council: also defined the functions and responsibilities of The Security Council welcomes the report of the the senior civil service of the provisional institu- Secretary-General and commends the Special Rep-

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resentative of the Secretary-General and the com- would not have been complete. The President mander of the international security presence said he was convinced that implementation of the (KFOR) for their ongoing efforts to implement fully Document, together with the establishment of resolution 1244(1999). the related high-ranking working group, would The Council welcomes the elections to be held on 17November as a basis for the establishment of dem- ensure better communication and open institu- ocratic self-governing institutions as specified in tional cooperation between UNMIK, FRY and Ser- the Constitutional Framework for Provisional Self- bia to resolve accumulated problems in Kosovo Government, under which the people of Kosovo, and Metohija, in compliance with resolution Federal Republic of Yugoslavia, will enjoy substan- 1244(1999)and FRY’s territorial integrity and sov- tial autonomy in accordance with resolution 1244 ereignty. He also referred to his and Serbia’s call (1999). It emphasizes the responsibility of Kosovo’s on Kosovo Serbs to take part in the 17November elected leaders to respect fully the final status provi- sions of resolution 1244(1999). It reaffirms its com- elections, which he believed was in their best in- mitment to the full implementation of resolution terest. 1244(1999), which remains the basis for building In a 6 November statement [S/2001/1081], the EU Kosovo’s future. welcomed the 3 November call on Kosovo Serbs The Council supports the continuing efforts by to participate in the 17 November elections and the United Nations Mission in Kosovo and KFOR to the signing on 5 November of the UNMIK-FRY improve public security, including through the con- joint document. fiscation of weapons and the package of legislation to combat violence, and to facilitate the return of dis- placed Serbs and members of other communities. It SECURITY COUNCIL ACTION (November) calls on Kosovo Albanian leaders to actively support On 9 November [meeting 4409], following con- these efforts to promote security and return, and to sultations among Security Council members, the combat extremism, including terrorist activities. It further calls on all Kosovo leaders to publicly con- President made statement S/PRST/2001/34 on demn violence and ethnic intolerance. It calls on behalf of the Council: them to exert all their influence and assume their re- The Security Council welcomes the progress sponsibility for actively ensuring that the campaign made in preparing the Kosovo-wide elections on 17 and the elections are peaceful, democratic and inclu- November 2001 and calls on the Special Representa- sive. It stresses the need for proper organization and tive of the Secretary-General and all parties con- adequate security for the elections on 17November, cerned to continue to strive for full implementation and welcomes continuing steps taken in that regard. of resolution 1244(1999) of 10 June 1999. It further The Council calls on all women and men of Ko- calls upon all women and men of Kosovo, Federal sovo to vote in the elections of 17November. This will Republic of Yugoslavia, to vote. provide for the broadest possible representation of The Council welcomes the helpful role played by views in the institutions of the provisional self- the President of the Federal Republic of Yugoslavia government. The Council commends the authorities and the Governments of the Federal Republic of of the Federal Republic of Yugoslavia, particularly Yugoslavia and the Republic of Serbia in recom- President Kostunica, for their encouragement to the mending Kosovo Serb participation in the elections. Kosovo Serb community to register, which confirms Participation will allow them to take part in shaping the multi-ethnic character of Kosovo, and calls on Kosovo’s multi-ethnic future. them to also actively encourage the fullest possible participation in the vote. It underlines the impor- The Council welcomes the signing on 5 November tance, for the Kosovo Serb community,to integrate in 2001 of the UNMIK-FRY Common Document by the the structures set up by the Mission. It encourages Special Representative of the Secretary-General and the further development of a constructive dialogue the Special Representative of the President of the between UNMIK and the authorities of the Federal Federal Republic of Yugoslavia and the Government Republic of Yugoslavia. of the Federal Republic of Yugoslavia and the The Security Council will remain actively seized Government of the Republic of Serbia. This docu- of the matter. ment is consistent with resolution 1244(1999) and the Constitutional Framework for Provisional Self- Government in Kosovo. Communications. FRY’s President, in a 6 No- The Council reaffirms the statement of its Presi- vember letter [S/2001/1051], drew the Secretary- dent of 5 October 2001. It encourages the further de- General’s attention to the FRY-UNMIK joint docu- velopment of a constructive dialogue between the ment known as the Common Document, signed United Nations Interim Administration Mission in the previous day,defining issues and cooperation Kosovo and the authorities of the Federal Republic between FRY and UNMIK for the consistent and of Yugoslavia. It emphasizes the responsibility of the comprehensive implementation of resolution provisional institutions of self-government and all 1244(1999). The President noted that the Docu- concerned to respect fully the final status provisions of resolution 1244(1999).It underlines its continued ment included agreement on provisions related commitment to the full implementation of resolu- to the judiciary and to the police in the Serb- tion 1244(1999),which remains the basis for building majority areas, without which the Document Kosovo’s future.

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Transitional arrangements Ministers would be political appointees selected The Special Representative, reporting to the by the Prime Minister and confirmed by the As- Security Council on 5 October [meeting 4387], said sembly. They would be responsible for setting that UNMIK was moving into a determining phase policy and political direction for the Ministries of interim administration in Kosovo. After the but would not exercise direct administrative con- November elections, its role of direct administra- trol over them. The Ministers would be assisted tive responsibility would evolve into one of over- by up to five political appointees, one or more of sight. UNMIK would transfer many of its interim whom would serve as a Vice-Minister, to whom administrative responsibilities to the provisional the Minister could delegate authority in the lat- institutions of self-government, but would con- ter’s absence. Although most structures associ- tinue closely to monitor and support those insti- ated with JIAS would be absorbed into the Minis- tutions to ensure compliance with resolution tries, some, such as law enforcement, the 1244(1999), the Constitutional Framework and judiciary and emergency preparedness, would other relevant UNMIK regulations. During that remain under UNMIK’s immediate control. period, its overarching mandate would remain International staff members would be placed the same, as would the Special Representative’s in the reserved and transferred structures. In the ultimate authority. former, they would implement reserved func- In accordance with UNMIK regulation tions, in line with resolution 1244(1999) and 2001/19,ten ministries would compose the Execu- chapter 8 of the Constitutional Framework. In tive Branch of the provisional self-government addition, a number of international staff mem- (see p. 357). One of the ministers would come bers would be seconded to the provisional institu- from the Kosovo Serb community and one from tions of self-government, mostly to the Ministries, the non-Albanian community. To lay the ground- to oversee and monitor compliance with resolu- work for the transfer of responsibility to the min- tion 1244(1999), the Constitutional Framework istries, the JIAS departments were merged into and key UNMIK regulations. To that end, a senior transitional administrative departments, whose international officer would sit next to each Min- composition reflected the distribution of respon- ister to oversee, monitor and advise the Minister. sibilities set out in regulation 2001/19. From 3 Other international staff members would sit in October until the certification of the general actual line management positions within the elections, UNMIK would continue to consolidate Ministry, where they would implement certain the transitional administrative departments, transferred functions for a limited time under while preparing for their separation into provi- the authority of the local Minister. They would sional self-government ministries and reserved gradually exchange their functional responsibili- UNMIK structures. Also on 3 October, the func- ties for a purely advisory and oversight role as tion of “Co-heads” ceased and all Co-heads were additional qualified Kosovo civil servants were given leave with pay until 17 November. identified and recruited. As part of the transition, the Kosovo Transi- Although there would be a clear functional tional Council concluded its activities on 2 Octo- and organizational separation between UNMIK ber, but the Interim Administrative Council and the provisional institutions of self- would continue to operate until the date of the government, procedures would be in place to transfer of powers to the provisional institutions. ensure that the Assembly and the Government Functional responsibility for the administration fully respected resolution 1244(1999) and the of Kosovo would be divided between UNMIK and Constitutional Framework for Provisional Self- the provisional institutions of self-government. Government. The transfer once made, the UNMIK structures and the provisional institutions of self- Kosovo-wide elections government would become separate and distinct The Assistant Secretary-General for Peace- entities. The future Assembly, however, would be keeping Operations, in his briefing of the Secu- able to pass legislation only within the trans- rity Council on 27 November [meeting 4430], said ferred areas of responsibility. that the period leading up to the elections was The Executive Branch would consist of the Of- relatively calm and free of violence. All parties fice of the Prime Minister and the Ministries of carried out rallies throughout Kosovo that were Finance and Economy; Tradeand Industry; Edu- peaceful and that largely adhered to the electoral cation, Science and Technology; Culture, Youth rules. and Sports; Health, Environment and Spatial Eligible voters totalled 1,250,318 (1,108,787 in Planning; Labour and Social Welfare; Transport Kosovo, 105,159 in Serbia and Montenegro and and Communications; Public Services; and Agri- 36,372 by mail), of whom an estimated 150,000 culture, Forestry and Rural Development. The were Kosovo Serbs. More than 1,300 candidates

YUN01—REPROS-cxs jUNE 19 2003 360 Political and security questions from 26 political parties contested the elections, United Roma Party of Kosovo and the Bosniac including 60 from the Kosovo Serb Return Coali- Party of Democratic Action of Kosovo. tion. The signing of the UNMIK-FRY Common The Assistant Secretary-General said it was Document (see p. 358) largely made it possible clear from the results that no party would be able for that Coalition to decide to participate in the to govern alone, since 61 seats in the Assembly elections and to provide its list of candidates. were required for a majority. Negotiations had FRY’s and Serbia’s 3 November endorsement of therefore begun on coalition-building. Kosovo Serb participation in the elections also The Council, in a 19 November press state- helped. At the same time, it was agreed that a ment by its President [S/2002/160], welcomed the memorandum of understanding would be signed 17November elections, which were held in peace- with the respective commissariats for refugees, ful and orderly conditions and with a good turn- enabling UNMIK’s OSCE-led institution-building out of all communities. It was an important step pillar to carry out technical preparations for in the implementation of resolution 1244(1999) the elections in Serbia and Montenegro in con- and would make possible the establishment of junction with the International Organization for democratic institutions of self-government. The Migration (IOM). Council recalled the responsibility of Kosovo’s The election for the Assembly went smoothly. elected leaders to respect that resolution fully, in There were 13,286 local observers from all com- particular its final status provisions, and to com- munities, as well as several hundred others from ply with the Constitutional Framework, which the Belgrade-based Centre for Free Elections and would contribute to building a democratic, plu- Democracy. The overall turnout was 64.3 per ralist and prosperous future for all of Kosovo’s cent of Kosovo’s 1.25 million registered voters, communities. with an estimated 65 per cent in primarily Kosovo Albanian areas and about 46 per cent in non- Establishment of provisional Albanian areas. Kosovo Serb participation was institutions of self-government patchy,with a higher turnout in the enclaves than In a later report on UNMIK [S/2002/62], the in northern Mitrovica. Secretary-General stated that, since no party On 24 November, the Special Representative gained enough seats in the Assembly to govern certified the final results of the vote as follows: alone, attention was focused on forming a coali- the Democratic League of Kosovo (LDK) received tion. The main efforts concentrated on a power- 45.65 per cent (359,851 votes); the Democratic sharing arrangement between the three main Ko- Party of Kosovo (PDK), 25.7 per cent (202,622 sovo Albanian parties. On 7 December, UNMIK votes); the Return Coalition, 11.34 per cent arranged a meeting between Mr. Rugova, leader (89,388 votes); and the Alliance for the Future of of LDK, and Mr. Thaci, leader of PDK. Represen- Kosovo (AAK), 7.83 per cent (61,688 votes). tatives of foreign Governments also hosted meet- ings with the main party representatives in the Seven smaller political parties, including Assembly. three from the minority communities, received On 10 December, the Assembly held its inau- enough votes to obtain one seat each in the As- gural session, at which both the seven-member sembly: the VATA N Coalition, a coalition of Bosni- presidency of the Assembly and the President of acs and Gorani; the National Movement for the Kosovo were to be elected; the latter would then Liberation of Kosovo (LKCK); the Turkish Peo- nominate a Prime Minister for endorsement by ple’s Party of Kosovo (KDTP); the Christian Dem- the Assembly. However, PDK did not submit can- ocratic Party of Kosovo (PSHDK); the Justice Party didates for the two presidency seats reserved for (PD); the People’s Movement of Kosovo (LPK); and it, and the Assembly elected only its President, the New Democratic Initiative of Kosovo (IRDK), a Nexhet Daci of LDK, and four other members new Egyptian political party. (one from LDK, two from the Kosovo Serb Return On the basis of those results, 14 parties would Coalition and one from the United Roma Party). be represented in the Assembly,11through direct On 13December, the Assembly met again to elect elections and 3 with set-aside seats. LDK would be the President of Kosovo. The only candidate was allocated 47 seats; PDK 26; the Return Coalition Mr. Rugova, who received 49 votes—well short of 22, which included the 10 seats set aside for the the 80 votes required. Kosovo Serb community in the Constitutional The Secretary-General also reported that Framework; AAK 8; VATA N 4, including 3 set-aside security and freedom of movement for Kosovo seats; KDTP 3, including 2 set-aside seats; the Ash- minority communities remained a serious con- kali Albanian Democratic Party 2 set-aside seats; cern. On 1 December, KFOR and UNMIK police IRDK 2, including 1 set-aside seat; LKCK 1; LPK launched the largest simultaneous weapons and PD 1; PSHDK 1; and 1 set-aside each for the search operation, involving 3,000 soldiers from

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 361 all five multinational brigades, which resulted in To coordinate UNMIK’s approach towards en- the arrest of 12 people and the seizure of an as- gaging the Kosovo Serb community, several pri- sorted range of weaponry. ority initiatives were being pursued to address that community’s day-to-day concerns, including Sectoral developments the allocation of revenues from taxes collected in Kosovo to minority communities; the implemen- Kosovo minority communities tation of employment-generating projects; im- The number of persons returning to Kosovo proved public services and utilities; integration continued to decline. In January, IOM assisted of the 24 local community offices as part of the some 430 persons to return voluntarily, while the local administration structure to ensure equal ac- UNMIK border police reported that some 530 per- cess to public services; and the provision of more sons had been forcibly returned. The Framework educational and health facilities, as well as social on Return of Kosovo Serbs, adopted in January welfare benefits. In addition, the OSCE-led by the Joint Committee on Returns of Kosovo institution-building pillar had established the Serbs in Gracanica, outlined measures for estab- Small Investment Minorities Fund for particu- lishing conditions conducive to safe and sustain- larly vulnerable minority groups, which focused able return, such as the provision of basic services on income-generating projects or projects re- and effective policing. Consultations on the lated to health, education and culture. Framework had begun with Kosovo Albanian Multi-ethnic capacity-building was also pro- political and community leaders, as well as with moted through the Kosovo Police Service, where human rights activists, religious leaders and 15per cent of the cadets were from minority com- journalists. To further create conditions condu- munities. In addition, Kosovo Albanians and Ko- cive to returns, the Joint Committee adopted an sovo Serbs were cooperating in fire and rescue action plan for the 10 most advanced potential re- services and in demining activities. At the end of turn locations in Kosovo, which was set in motion April, the first two Kosovo Serbs, alongside two by local working groups. The first organized re- Kosovo Turks,were inducted into the Kosovo Pro- turns began on a small scale, with the voluntary tection Corps. return on 13 August of 53 Kosovo Serbs to the A major advance on the issue of missing per- Osojane Valley (Pec region), one of the 10 sites sons was the establishment on 19 June of the identified in the action plan, followed by the re- UNMIK/FRY contact groups on missing persons turn of 30 more internally displaced persons on and detainees, which had since met twice monthly 22 August. More returns to Osojane followed and in Pristina and Belgrade. Their work resulted in more were expected. Mixed returns began at the increased Kosovo Serb participation in the judi- end of August in the Leshtar area near Kamenica cial system and support for the UNMIK recruit- (Gnjilane region). UNHCR, with funding from ment campaign in Serbia proper for judges and the European Agency for Reconstruction and bi- prosecutors; the development of mechanisms to lateral donors, was providing temporary shelter coordinate administrative and operational sup- and basic needs while the returnees recon- port for defence counsels, witnesses and family structed their houses. Work also continued to members; the assistance of Serbian forensic pa- facilitate the potential return of members of the thologists in the confirmation of post-mortem Kosovo Roma, Ashkali and Egyptian communi- results; the production of a consolidated list of ties. missing Kosovo Serbs and other minorities; and However, the non-Albanian communities, par- the development of protocols for joint verification ticularly the Kosovo Serbs, continued to suffer and forensic teams and for the cross-boundary disproportionately from major crimes and ethni- repatriation of identified remains. Another key cally motivated acts of intimidation, eroding the development was the signing of a memorandum confidence of minority communities and under- of understanding between UNMIK and the Inter- mining the Special Representative’s efforts to in- national Commission for Missing Persons on 24 clude all of Kosovo’s inhabitants in the current July to begin the process of DNA testing to facili- administrative structures and in the future self- tate the identification of missing persons. government. Some progress was made in incor- Investigations continued on a number of mass porating Kosovo minority communities at the graves in Serbia proper, believed to contain the municipal level. Most Kosovo Turks, Roma, Ash- remains of Kosovo Albanians. UNMIK had been kali, Egyptians and Bosniacs had taken up their provided with some details on the graves’ con- reserved seats in the municipal assemblies and tents and on recent post-mortem findings. had been generally accepted by their Kosovo Al- Regarding the problem of Kosovo Albanian banian colleagues. The participation of Kosovo detainees in Serbia proper, discussions were in Serbs, however, had been uneven at best. progress on the possible handing over of their

YUN01—REPROS-cxs jUNE 19 2003 362 Political and security questions cases to UNMIK for judicial review. Talkswere also The creation of the new police and justice pil- in progress with the Belgrade authorities about lar (see p. 348) coincided with robust measures Kosovo Serb detainees in Kosovo, addressing con- by UNMIK to bolster the legislative basis for prose- cerns of bias, miscarriage of justice and security. cuting serious crime, including terrorism and The main strategy to deal with education organized crime. On 24 May, the Special Repre- issues focused on building a sustainable Kosovo sentative signed regulation 2001/10 on the prohi- Serb education system, with full recognition of bition of unauthorized border/boundary cross- the structures under the Constitutional Frame- ings, which came into effect on 4 June, together work and maintaining strong ties with educa- with regulation 2001/7 on the authorization of tional reforms in Serbia. A delegation headed by possession of weapons in Kosovo, following a the international joint head of the Department of month-long amnesty. Other initiatives included Education visited Belgrade to discuss issues relat- the elaboration of legislation to combat terror- ing to Kosovo Serb schools, teachers’ contracts ism, the creation of more robust mechanisms for and curricula. The core curriculum would allow detaining alleged criminals, and implementation the Kosovo Serb community to retain its special of systems to make the criminal prosecution in- syllabus for general and vocational education. stitutions more just. The language issue had also come close to a prac- Key to UNMIK efforts to improve the justice sys- ticable solution: Albanian would be offered as an tem were its activities, through the Prosecution option in Kosovo Serb schools, but would not be Services and Court Administration (PSCA), to co- compulsory. ordinate and implement local judiciary reform. Currently employed in local courts and other non-correctional judicial institutions were 325 Judicial system and rule of law local judges, with 51 prosecutors plus a further A major focus of UNMIK efforts was on improv- 617 lay judges and about 1,000 operational sup- ing the quality and functioning of the judiciary port staff. PSCA developed a comprehensive in Kosovo. The credentials and performance of inspection system to ensure the judiciary’s current judges and prosecutors were undergoing independence and impartiality. Administrative rigorous assessment, while screening of pro- direction 2001/4, issued on 11 May, established spective candidates continued. The institution- the Judicial Inspection Unit to conduct inspec- building pillar had begun taking steps towards tions, audits and investigations within the judi- the provision of advocacy and legal aid. A work- cial system. ing group was set up to coordinate plans to sys- On the legislative front, three key regulations tematize and expand legal aid and guarantee mi- were signed on measures against organized nority access to it. The problem of access to the crime, on cooperative witnesses and on the pro- judiciary was compounded by difficulties in re- tection of injured parties and witnesses in crimi- cruiting non-Albanian Kosovo judges and prose- nal proceedings. Work started on refurbishing a cutors, especially in the light of security threats witness protection office; a witness protection against those groups. The ombudsperson institu- director was appointed, who had begun develop- tion was fully operational and currently investi- ing a witness protection programme. Progress gating cases pertaining to employment disputes, was also made in forming the Kosovo Organized to violations of property rights, social rights and Crime Bureau. On 25 August, regulation 2001/18 equal access to public services, and to discrimina- on the establishment of a detention review com- tory practices. mission for extrajudicial detention based on ex- The institution-building pillar, UNMIK police ecutive orders was promulgated, providing a and the Department of Justice were jointly en- mechanism for the review of extrajudicial deten- deavouring to bring the practices and procedures tions based on such orders, additional proce- of the Kosovo law enforcement and judicial dural protection and enhanced transparency. authorities in line with international human The Department of Justice continued its rights standards. It established a working group recruitment efforts to increase the number of in- with the Department of Justice to implement the ternational judicial personnel, currently com- recommendations set out in its Six-month Re- prising eight international judges and six inter- view of the Criminal Justice System. A review of national prosecutors. An additional four judges the criminal code, juvenile law and commercial and four prosecutors were under recruitment legislation in Kosovo was under way. The Kosovo and, in August, an international prosecutor was Law Centre was cooperating with the University appointed to the Office of the Public Prosecutor. of Pristina Law Faculty in the implementation of To raise the quality of the domestic judicial academic reform and development of the law system, the Kosovo Judicial and Prosecutorial curriculum. Council began the first disciplinary hearings in

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 363 mid-September against local judges and prosecu- efforts to explain the legality and necessity of the tors, stemming from investigations by the Judi- tax collection points to the public, the Kosovo cial Inspection Unit. Progress was also made in Serb population interpreted their emplacement the selection of judges and prosecutors, estab- as compromising FRY’s sovereignty and Security lishment of codes of conduct, judicial evaluations Council resolution 1244(1999). At the end of and the bar examination. May, FRY authorities, in a joint statement signed A more complex prison infrastructure was de- with UNMIK’s economic reconstruction pillar, veloping: five detention centres and two prisons agreed to the tax collection points along the ad- were in operation and housed 664 inmates. The ministrative boundary line in northern Kosovo. quick-build detention facility project to provide By October, 90 per cent of the official commer- an additional 200 beds was proceeding, together cial traders were reporting to tax collection of- with the refurbishment of Dubrava prison, pro- fices in Mitrovica, approaching the level of com- viding another 300 beds. The construction of a pliance in the rest of Kosovo. Businesses in special secure unit at Dubrava prison for high- northern Kosovo were also registering with UN- risk prisoners was nearing completion. The MIK to pay tax. As part of the strategy for creating Department of Justice had also begun imple- a sustainable tax system for Kosovo, a 15 per cent menting basic programmes in education and value added tax (VAT ) on most goods and services vocational training in the Lipljan and Dubrava to replace the previous sales tax of the same rate prisons. Two urgent priorities were the develop- came into effect in July. As donor funding ta- ment of a parole and probation service and pered off, VAT would become the main tax in Ko- addressing the needs of mentally ill inmates. sovo and was expected to support growth in the Communication. On 26 April [S/2001/428], the export sector. EU issued a statement welcoming the decision by In the private sector, efforts were made to at- Serbia’s Supreme Court to release 145 Kosovo tract investment and foster industry through Albanians of the so-called Djakova/Djakovica commercialization projects. Some 58 commer- group, sentenced in May 2000 to prison terms of cialization tenders had been issued, for about between seven and 13 years for acts of terrorism half of which bids had been received. Extra in- allegedly carried out during the NATO campaign vestment had come into Kosovo as a result of the in 1999. The EU expected Serbia to complete the commercialization process. The economic recon- review of the remaining cases as rapidly as possi- struction pillar made progress in creating a bank- ble in order to correct the injustices of the ing sector. The Banking and Payments Authority Milosevic era. of Kosovo approved two new branches for the New Bank of Kosovo in Orahovac (Prizren re- Economic reconstruction and development gion) and Djakovica (Pec region). On 1 Septem- Through the UNMIK economic reconstruction ber, the Micro Enterprise Bank opened a branch pillar, Kosovo’s emergency reconstruction needs in the “Confidence Zone” in Mitrovica. had been largely met, so that emphasis began Progress was also made in the communications shifting towards developing economic sustain- and transportation sectors. Under a project to ability. International donors, led by the EU and upgrade the communications network, transmis- its member States, the United States and Japan, sion links were restored in many municipalities. continued to support Kosovo’s development A new digital telephone exchange, with a capac- drive. The 2001 Kosovo consolidated budget ity of 23,000 lines, was installed in Pristina and sought 700 million deutsche mark (DM)innew the extension of the mobile network was continu- commitments to fund public reconstruction and ing. Improvements in the transportation and investment programme activity, of which some communications infrastructure had also facili- DM 381million had been committed by the end of tated economic development and interaction be- March. tween the different areas. Pristina airport was Meanwhile, domestically generated revenue undergoing expansion and improvement of serv- increased as tax collection improved. That was ices. The experimental Pristina-Pec passenger achieved through UNMIK’s tax policy, notified to train service had become permanent and freight FRY in February, under which tax collection rail traffic between FYROM and Kosovo had been points were set up on 15April along Kosovo’s bor- running with increased frequency and payload. ders and boundary lines, where a 15 per cent Work was also ongoing to improve Kosovo’s sales tax was levied on all saleable goods (except power supply. wheat, flour, fruit and vegetables) and an excise tax on alcohol, cigarettes and fuel. A 10 per cent UNMIK police customs duty was also levied, except for goods At the end of 2001, UNMIK’s police strength originating in FYROM and the rest of FRY. Despite stood at 4,465 from 24 countries, out of the 1999

YUN01—REPROS-cxs jUNE 19 2003 364 Political and security questions authorized strength of 4,718 [YUN 1999, p. 360]. Its that British Airways, a private company totally in- priorities remained to increase success in solving dependent of the British Government, had serious crimes, in particular ethnically and politi- informed Zimbabwe of its inability to carry the cally motivated crimes. Work continued to reduce equipment in question because of the United non-critical policing functions to allow an in- Kingdom embargo on arms exports to Zimbabwe creased concentration of resources on core police and concerns over their transport across London, priorities. Greatly helping that effort was the but had suggested alternative carriers. The entry into force on 25 April of legislation on the United Kingdom said it was unlikely that its arms operation of security service providers, which embargo would have applied in that case, and its would free up UNMIK police resources. Acting High Commissioner, when informed of With the launching in May of the police and the matter, had advised that it appeared to be a justice pillar, the UNMIK police and the Depart- minor, practical problem and he was ready to ment of Judicial Affairs were realigned into a find a solution if contacted. No subsequent con- single structure. That structure, headed by a tact was made by Zimbabwe’s Foreign Ministry or Deputy Special Representative, who assumed police. The United Kingdom remained open to duty on 16 August, had as its objectives to: con- discussing the matter directly with the Zimbabwe solidate a law and order structure that was re- authorities and in no way wished to obstruct Zim- sponsive to peacekeeping and peace-building ob- babwe’s participation in UNMIK. jectives and contributed to the promotion of the rule of law institutions in Kosovo; maintain effec- UNMIK financing tive international control and oversight over po- In June, the General Assembly considered the lice and justice activities during the transition pe- Secretary-General’s report on UNMIK financial riod; increase the short-term impact of law and performance for the period 10 June 1999 to 30 order efforts through enhanced coordination of June 2000 [A/55/724], the proposed budget for information and work; enable effective police UNMIK’s maintenance for the period 1 July 2001 and judicial response against destabilizing seri- to 30 June 2002 and ACABQ’s related observations ous criminal activity in Kosovo; and establish an and recommendations [A/55/874/Add.6].On14 unbiased judicial process through initial interna- June [meeting 103], the Assembly, on the recom- tional participation and reform of the judicial mendation of the Fifth Committee [A/55/663/ system. Add.1], adopted resolution 55/227 B without vote The police and justice pillar would oversee the [agenda item 133]. planned expansion of the Kosovo Police Service (KPS) from the current target of 4,000 police offi- Financing of the United Nations Interim cers to a total of 6,000 by the end of 2002. The fo- Administration Mission in Kosovo cus of training activities would shift from basic The General Assembly, training to more supervisory and special train- Having considered the reports of the Secretary- General on the financing of the United Nations ing, anticipating the handover strategy of super- Interim Administration Mission in Kosovo and the re- visory responsibility by UNMIK police to the KPS lated reports of the Advisory Committee on Adminis- officers. trative and Budgetary Questions, Communications. On 16 March [S/2001/238], Bearing in mind Security Council resolution 1244 Zimbabwe, a police-contributing country to UN- (1999) of 10 June 1999 regarding the establishment of MIK, informed the Security Council President the United Nations Interim Administration Mission in that the United Kingdom had constrained Zim- Kosovo, babwe’s efforts to deliver arms and ammunition Recalling its resolution 53/241 of 28 July 1999on the financing of the Mission and its subsequent resolutions to its civilian police in Kosovo, because British thereon, the latest of which was resolution 55/227 A of Airways, the only airline flying to Kosovo, re- 23 December 2000, fused to transport them. The reason given for the Acknowledging the complexity of the Mission, airline’s refusal was that it was consistent with the Reaffirming the general principles underlying the British Government’s current policies on the financing of United Nations peacekeeping operations Government of Zimbabwe. Zimbabwe felt that as stated in General Assembly resolutions 1874(S-IV)of UN peacekeeping operations should not be held 27 June 1963, 3101(XXVIII) of 11 December 1973 and hostage to bilateral relations between Member 55/235 of 23 December 2000, States. It asked that the Secretary-General bring Noting with appreciation that voluntary contributions the matter to the attention of relevant UN have been made to the Mission by certain Govern- ments, authorities with a view to its speedy resolution. Mindful of the fact that it is essential to provide the The United Kingdom replied on 20 March Mission with the necessary financial resources to en- [S/2001/260] that that was the first time it had able it to fulfil its responsibilities under the relevant heard of the matter. Its investigation revealed resolution of the Security Council,

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 365

1. Takes note of the status of contributions to the 15. Decides to appropriate the amount of United Nations Interim Administration Mission in Ko- 413,361,800 dollars gross (385,256,870 dollars net) for sovo as at 30 April 2001, including the contributions the maintenance of the Mission for the period from outstanding in the amount of 202.4 million United 1 July 2001 to 30 June 2002, inclusive of the amount of States dollars, representing 24 per cent of the total as- 12,098,009 dollars gross (10,617,193 dollars net) for the sessed contributions from the inception of the Mission support account for peacekeeping operations and the to the period ending 30 June 2001, notes that some 20 amount of 1,263,791 dollars gross (1,134,877 dollars per cent of the Member States have paid their assessed net) for the United Nations Logistics Base, to be appor- contributions in full, and urges all other Member tioned among Member States in accordance with the States concerned, in particular those in arrears, to en- levels set out in General Assembly resolution 55/235, as sure payment of their outstanding assessed contribu- adjusted by the Assembly in its resolution 55/236 of 23 tions; December 2000, the scale of assessments for the year 2. Expresses its appreciation to those Member States 2001 to be applied against a portion thereof, that is, which have paid their assessed contributions in full; 206,680,900 dollars gross (192,628,435 dollars net), 3. Expresses concern about the financial situation which is the amount pertaining to the period ending 31 with regard to peacekeeping activities, in particular as December 2001, and the scale of assessments for the regards the reimbursements to troop contributors that year 2002 to be applied against the balance, that is, bear additional burdens owing to overdue payments by 206,680,900 dollars gross (192,628,435 dollars net) for Member States of their assessments; the period from 1 January to 30 June 2002; 4. Urges all other Member States to make every pos- 16. Decides also that, in accordance with the provi- sible effort to ensure payment of their assessed contri- sions of its resolution 973(X) of 15 December 1955, butions to the Mission in full and on time; there shall be set off against the apportionment among 5. Expresses concern at the delay experienced by the Member States, as provided for in paragraph 15 above, Secretary-General in deploying and providing ade- their respective share in the Tax Equalization Fund of quate resources to some recent peacekeeping missions, the estimated staff assessment income of 28,104,930 in particular those in Africa; dollars approved for the Mission for the period from 6. Emphasizes that all future and existing peace- 1 July 2001 to 30 June 2002; keeping missions shall be given equal and non- 17 . Decides further that, for Member States that have discriminatory treatment in respect of financial and fulfilled their financial obligations to the Mission, administrative arrangements; there shall be set off against the apportionment, as pro- 7. Also emphasizes that all peacekeeping missions vided for in paragraph 15 above, their respective share shall be provided with adequate resources for the effec- of the unencumbered balance of 65,272,000 dollars tive and efficient discharge of their respective man- gross (57,860,300 dollars net) in respect of the period dates; ending 30 June 2000, in accordance with the composi- 8. Reiterates its request to the Secretary-General to tion of groups as set out in paragraphs 3 and 4 of Gen- make the fullest possible use of facilities and equip- eral Assembly resolution 43/232 of 1 March 1989 and ment at the United Nations Logistics Base at Brindisi, as adjusted by the Assembly in subsequent relevant Italy, in order to minimize the costs of procurement for resolutions and decisions for the ad hoc apportion- the Mission; ment of peacekeeping appropriations, the latest of 9. Endorses the conclusions and recommendations which were resolution 52/230 of 31March 1998and de- contained in the report of the Advisory Committee on cisions 54/456 to 54/458 of 23 December 1999 for the Administrative and Budgetary Questions, in particular period 1998-2000, and taking into account the scale of paragraph 9, and requests the Secretary-General to assessments for the year 2000, as set out in its resolu- ensure their full implementation; tions 52/215A of 22 December 1997 and 54/237 A of 23 10. Expresses concern about the high level of unliqui- December 1999; dated obligations in the Mission as at 30 June 2000; 18. Decides that, for Member States that have not ful- 11. Requests the Secretary-General to improve the filled their financial obligations to the Mission, their timeliness and accuracy of the expenditure data for the share of the unencumbered balance of 65,272,000 dol- Mission; lars gross (57,860,300 dollars net) in respect of the pe- 12. Approves, on an exceptional basis, the special ar- riod ending 30 June 2000 shall be set off against their rangements for the Mission with regard to the applica- outstanding obligations in accordance with the scheme tion of article IV of the financial regulations of the set out in paragraph 17 above; United Nations, whereby appropriations required in 19 . Emphasizes that no peacekeeping mission shall respect of obligations owed to Governments providing be financed by borrowing funds from other active formed units and/or logistic support to the Mission peacekeeping missions; shall be retained beyond the period stipulated under fi- 20. Encourages the Secretary-General to continue to nancial regulations 4.3 and 4.4, as set out in the annex take additional measures to ensure the safety and secu- to the present resolution; rity of all personnel under the auspices of the United 13. Requests the Secretary-General to take all neces- Nations participating in the Mission; sary action to ensure that the Mission is administered 21. Invites voluntary contributions to the Mission in with a maximum of efficiency and economy; cash and in the form of services and supplies accepta- 14 . Also requests the Secretary-General, in order to ble to the Secretary-General, to be administered, as ap- reduce the cost of employing General Service staff, to propriate, in accordance with the procedure and prac- continue efforts to recruit local staff for the Mission tices established by the General Assembly; against General Service posts, commensurate with the 22. Decides to include in the provisional agenda of requirements of the Mission; its fifty-sixth session the item entitled “Financing of

YUN01—REPROS-cxs jUNE 19 2003 366 Political and security questions the United Nations Interim Administration Mission in repairs to be made to the destruction facility, was Kosovo”. scheduled to resume in January 2002. KFOR con- ANNEX tinued to support UNMIK in the restoration of law Special arrangements with regard to the application of article IV of the financial regulations of the United Nations and order. From mid-April, KFOR had to deal 1. At the end of the twelve-month period provided with public disorder in Mitrovica and northern for in financial regulation 4.3, any unliquidated obliga- Kosovo, in reaction to the implementation of the tions of the financial period in question relating to UNMIK excise and sales tax collection policy (see goods supplied and services rendered by Governments p. 363). On 18 May, it carried out jointly with UN- for which claims have been received or which are cov- MIK a search operation in Pec that resulted in the ered by established reimbursement rates shall be trans- arrest of 26 persons and the confiscation of large ferred to accounts payable; such accounts shall remain recorded in the Special Account for the United Nations amounts of weapons, documents and computer Interim Administration Mission in Kosovo until pay- hardware and software. KFOR forces continued to ment is effected. provide appropriate control of Kosovo’s internal 2. In addition: boundaries, external borders and recognized (a) Any other unliquidated obligations of the finan- crossing points. In reinforcing its presence along cial period in question owed to Governments for provi- the border with FYROM, KFOR interdicted the sion of goods and services rendered but not yet veri- movement of personnel and weapons into and fied, as well as other obligations owed to Governments, out of the northern part of FYROM and between for which claims have not yet been received shall re- main valid for an additional period of four years fol- Albania and Kosovo. At the end of August, KFOR lowing the end of the twelve-month period provided for established mobile weapons collection teams in financial regulation 4.3; close to the border with FYROM to collect weap- (b) Claims received during this four-year period as ons and screen suspected members of the Na- well as approved verification reports shall be treated as tional Liberation Army. provided for under paragraph 1 of the present annex, On 17 August, the KFOR Commander signed if appropriate; temporary operating procedures with FRY set- (c) At the end of the additional four-year period, any unliquidated obligations shall be cancelled and the ting conditions for future cooperation and then remaining balance of any appropriations retained coordination on ending the conflict in the GSZ, therefor shall be surrendered. following the North Atlantic Council’s decision on the relaxation of the Zone (see p. 347). KFOR The Assembly further decided on 24 Decem- also supported UNMIK and OSCE during the ber that the item on UNMIK financing would re- Kosovo-wide elections on 17 November. main for consideration during its resumed fifty- KFOR continued to provide regular assistance sixth (2002) session (decision 56/464) and that on request to international organizations and the Fifth Committee should consider the item at non-governmental organizations (NGOs) through- that session (decision 56/458). out Kosovo and to provide framework security in support of UNMIK police operations targeting International security presence (KFOR) organized crime, prostitution and smuggling. In During the year, the Secretary-General sub- addition, it continued to support safe conditions mitted to the Security Council, in accordance for minority returns. On 9 May, the KFOR Com- with resolution 1244(1999) [YUN 1999, p. 353],re- mander promulgated a directive, “KFOR and KPC ports on the activities of KFOR, also known as Op- (Kosovo Protection Corps)—Partners for the Fu- eration Joint Guardian, covering the period 23 ture”, setting out guidelines for the future rela- November 2000 to 31 October 2001 [S/2001/52, tionship between them. S/2001/205, S/2001/333, S/2001/465, S/2001/578, S/2001/ 707, S/2001/832, S/2001/910, S/2001/1002, S/2001/1131]. Two later reports covered activities during the re- Sanctions against FRY mainder of the year [S/2002/122, S/2002/183].Asat On 14 June [S/2001/592], FRY requested the Se- 31 December, the force, which operated under curity Council to terminate the prohibitions re- NATO leadership, comprised 38,500 troops from lating to the shipment of arms imposed against it all NATO countries, as well as from non-NATO by resolution 1160(1998) [YUN 1998, p. 369]. It said countries. that, since all the reasons that had led to the im- KFOR continued to uncover and confiscate sig- position of the prohibitions specified in para- nificant amounts of weapons, ammunition and graph 8 of that resolution no longer existed, FRY explosives, ranging from rifles to rockets and expected a favourable review of its request. mines, during search operations. As at December, On 6 September [S/2001/849], the Secretary- the total number of weapons destroyed under the General informed the Council that, since the weapons destruction programme stood at 10,132. adoption of resolution 1160(1998), the political The programme, temporarily suspended to allow and security situation in the region had changed

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 367 considerably. The new FRY authorities were coop- procedure a request by the United Kingdom to erating constructively with the international transfer demining equipment to humanitarian community in efforts to bring peace and stability demining organizations working for UNMIK. to the Balkan region. The Council, in statement The Committee drew attention to the Coun- S/PRST/2001/8 (see p. 350), had welcomed the cil’s mission to Kosovo in June (see p. 354) and its close contact between FRY and UNMIK and KFOR request that KFOR provide detailed information and stressed the importance of dialogue between on weapons seized to enable the Committee to Kosovo political leaders and FRY. Accordingly, he pursue any possible violations. The Secretary- believed that FRY had complied with the provi- General informed NATO’s Secretary-General of sions of resolution 1160(1998);the Council might that request but no such information had been therefore wish to reconsider the prohibitions in provided to the Committee by 10 September. paragraph 8 of that resolution. The Committee received no reports on actual violations or alleged violations of sanctions meas- SECURITY COUNCIL ACTION ures from States and relevant regional and inter- On 10 September [meeting 4366], the Security national organizations. It sought and received Council unanimously adopted resolution 1367 additional information on the case of violations (2001), based on a draft [S/2001/854] prepared in under investigation by the Geneva authorities. consultations among Council members. Reports on the activities of KFOR and the Stabili- The Security Council, zation Force in Bosnia and Herzegovina con- Recalling its resolutions 1160(1998)of 31March 1998, tained no information on violations. 1199(1998) of 23 September 1998 and 1203(1998) of 24 October 1998, and reaffirming, in particular, its reso- lutions 1244(1999)of 10 June 1999and 1345(2001)of 21 Other issues March 2001, Noting with satisfaction that the conditions listed in Arrest of Slobodan Milosevic paragraph 16 (a) to (e) of its resolution 1160(1998) have been satisfied, The Secretary-General, in a press statement on Noting, in that respect, the letter of the Secretary- 2 April [SG /SM/7761], said that the arrest of Slobo- General dated 6 September 2001, dan Milosevic, former FRY President, was an im- Noting further the difficult security situation along portant step in the healing process in the Balkans Kosovo’s administrative boundary and parts of the and commended the FRY authorities for that deci- border of the Federal Republic of Yugoslavia and em- sive action. The Secretary-General noted that the phasizing the continuing authority of the Secretary- FRY authorities had an obligation to cooperate General’s Special Representative as head of the inter- with the International Tribunal for the Former national civil presence and of the Commander of the ICTY international security presence (KFOR) to restrict and Yugoslavia ( ) and urged them immediately strictly control the flow of arms into, within and out of to discuss with the Tribunalhow that cooperation Kosovo, pursuant to resolution 1244(1999), could be extended. Acting under Chapter VII of the Charter of the In a press release issued on 28 June [SG/ United Nations, SM/7870], the Secretary-General welcomed the de- 1. Decides to terminate the prohibitions established cision of the FRY authorities to transfer Mr. Mi- by paragraph 8 of resolution 1160(1998); losevic to ICTY in The Hague, saying it was a vic- 2. Decides further to dissolve the Committee estab- lished by paragraph 9 of resolution 1160(1998). tory for accountability over impunity. He hoped that that day would mark a true break with the Sanctions Committee final report. In October, past and the beginning of a new spirit of co- the Chairman of the Security Council Commit- existence throughout the former Yugoslavia. (For tee established pursuant to resolution 1160(1998) further details, see PART FOUR, Chapter II.) (Sanctions Committee) submitted a final report covering the Committee’s activities from 1 Janu- Relations with Montenegro ary to 10 September 2001 [S/2001/931]. The European Council, at its meeting in Stock- According to the report, the Committee had holm, Sweden (23-24 March) [S/2001/305], among approved Bulgaria’s request to export 2,000 tons its concluding statements, called on Montenegro per month of industrial explosives to several min- and FRY/Serbian authorities to agree on new con- ing companies in FRY. Switzerland brought to the stitutional arrangements within the federal Committee’s attention the case of an arms ship- framework through an open and democratic pro- ment to FRY reported in the Chinese press, stat- cess in order to contribute to stability in the re- ing that criminal proceedings had been con- gion. ducted by the Geneva authorities and two persons The EU, in a 23 April statement [S/2001/415], were arrested on 13 July 2000 and charged. The welcomed the orderly conduct of the 22 April Committee approved under the no-objection parliamentary elections in Montenegro, FRY, and

YUN01—REPROS-cxs jUNE 19 2003 368 Political and security questions looked forward to the formation of a Govern- tion of the border with FRY and to prevent a ment that would continue the path of democratic spillover of violence into FYROM. reform. The EU urged the new Montenegrin Government to resume dialogue with Belgrade Action plan without delay towards an agreed definition of FYROM’s Minister for Foreign Affairs, in federal relations. The successful outcome of briefing the Security Council on 7 March [meet- that dialogue, which should exclude any unilat- ing 4289], said that in the past few weeks, his coun- eral action, would enable the EU to continue its try had been confronted with a serious problem political, economic and financial support to caused by unidentified extremist militant groups Montenegro. stationed on its northern border, which had oc- cupied the village of Tanusevci from where they had been continuously provoking armed inci- dents; on 4 March, three FYROM soldiers were Former Yugoslav killed. Republic of Macedonia The extremists had not put forth their de- mands or requests, and were holding the local Al- banian population hostage, and, as the border belt with Kosovo was inhabited mostly by ethnic The situation along the border of the FRY prov- Albanians, they were also affecting the inter- ince of Kosovo with the former Yugoslav Repub- ethnic relations in FYROM. Tanusevci was a seri- lic of Macedonia (FYROM), which had been ous warning that the FYROM border area with Ko- brought to the Security Council’s attention in sovo could be used constantly for provoking those 2000 [YUN 2000, p. 384], escalated in 2001 as armed kinds of incidents, thus threatening the peace, se- Albanian insurgent groups launched attacks on curity and stability of FYROM and the entire re- FYROM forces across the border. In the FYROM gion. capital of Skopje, on 23 February [A/56/60- FYROM was undertaking numerous activities to S/2001/234], FRY President Vojislav Kostunica and find a peaceful solution in close cooperation with FYROM President Boris Trajkovski signed the the international community, and had under- “Agreement for the delineation of the borderline taken a measured security response to the prov- between the Republic of Macedonia and the Fed- ocations. KFOR activities in the initial stage were eral Republic of Yugoslavia” demarcating the not as effective as necessary, thus causing addi- border between their two countries. tional problems for the operations of FYROM’s The EU, in a 28 February statement of its Presi- security forces. However, those cooperation diffi- dency [S/2001/203], urged all parties to respect the culties had been overcome. border demarcation agreement and reiterated its To resolve the situation, the Government strong attachment to the principle of inviolability adopted an action plan to prevent a spillover of of borders, including FYROM’s territorial integ- the conflict from both sides of the border. Spe- rity. It also expressed concern about the recent cifically, the plan proposed full observance of escalation of violence in the border region be- Council resolution 1244(1999) [YUN 1999, p. 353]; tween FRY/Kosovo and FYROM, particularly in the immediate establishment of a ground safety the village of Tanusevci. area along the entire Kosovo side of the FYROM- The Tanusevci incident, involving the land- Yugoslav border by KFOR and willing countries; mine and sniper killing of three FYROM soldiers, the undertaking of urgent actions by KFOR for was reported to the Council by FYROM in a strict compliance of the provisions related to the 4 March letter [S/2001/191], calling for an urgent movement of military and paramilitary forma- Council meeting and KFOR action to clear the Ko- tions, arms shipments and a ban on the move- sovo border area near Tanusevci. FYROM’s Presi- ment and gathering of larger groups in the ground dent, at a meeting that included the Prime Min- safety zone; strengthening the coordination of ister, the Speaker of the Parliament, the am- activities between FYROM’s armed forces and bassadors of EU and NATO countries and OSCE KFOR, disarming paramilitary extremist groups representatives, also proposed that NATO and the and bringing them to justice; and creating condi- EU support his request for immediate KFOR ac- tions for the return of the inhabitants of Ta- tion, as well as public support for FYROM’s self- nusevci to their homes. The action plan also pro- defence and preservation of its territorial integ- posed that the FYROM Government strengthen rity and sovereignty. It was the intention of FY- the existing measures along the border and un- ROM’s Foreign Minister to present to the Council dertake additional ones to prevent a spillover of meeting an action plan for the cessation of vio- the conflict, especially by reinforcing police con- lence and lasting stabilization on the Kosovo sec- trol with new border police units.

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The seriousness of the problem and the timing ment of the former Yugoslav Republic of Macedonia of its occurrence demanded prompt preventive and KFOR on practical steps to address the immedi- action, the Foreign Minister said. The Council ate security situation and to prevent crossing of the border by extremists as well as possible violations of should be aware that the incident in Tanusevci resolution 1160(1998) of 31 March 1998. It welcomes should be seen in the broader context of the Bal- the efforts of all relevant international organizations kan region and its transformation into a peace- in cooperation with the Government of the former ful, stable, democratic and prosperous European Yugoslav Republic of Macedonia to promote stabil- region. He called on the Council to support the ity and to create conditions for a return of the in- measures proposed so as to reaffirm the precon- habitants to their homes. ditions for a peaceful and democratic develop- The Council will continue to follow the develop- ment of the Balkans, with inviolable, stable and ments on the ground closely, and requests to be briefed regularly on the outcome of the efforts re- transparent borders. ferred to above.

SECURITY COUNCIL ACTION EU communications. On 8 March [S/2001/211], On 7 March [meeting 4290], following consulta- Sweden transmitted to the Secretary-General a tions among Security Council members, the declaration by the EU Presidency condemning President made statement S/PRST/2001/7 on the ethnic Albanian extremist attacks on 4 March behalf of the Council: near Tanusevci and calling for such acts to stop The Security Council welcomes the participation immediately. It also called on all FYROM political of the Foreign Minister of the former Yugoslav Re- leaders to isolate the forces behind such attacks public of Macedonia in its meeting on 7 March 2001 and shoulder their responsibility for peace and and carefully listened to him. stability in the region. The EU reiterated its The Council strongly condemns recent violence strong attachment to the principle of the inviola- by ethnic Albanian armed extremists in the north of bility of borders, including FYROM’s territorial the former Yugoslav Republic of Macedonia, in par- ticular the killing of three soldiers of the armed integrity and sovereignty. forces of the former Yugoslav Republic of Macedo- In a further statement issued on 9 March nia in the area of Tanusevci. The Council regrets that [S/2001/217], the EU said that its Political and Secu- the violence continues and calls for an immediate rity Committee had discussed FYROM’s action end to it. plan for ending the violence and ensuring lasting The Council expresses its deep concern at those stability on its border with FRY, and supported its events, which constitute a threat to the stability and policy of restraint, while preserving the coun- security not only of the former Yugoslav Republic of Macedonia but also of the entire region. It calls on all try’s political stability and fostering harmony political leaders in the former Yugoslav Republic of and cooperation among all ethnic groups. It Macedonia and Kosovo, Federal Republic of Yugo- called on all neighbouring countries and interna- slavia, who are in a position to do so to isolate the tional organizations active in the area to examine forces behind the violent incidents and to shoulder what support they could provide. The EU under- their responsibility for peace and stability in the re- lined the role played by KFOR, the EU and its gion. monitoring mission, as well as the OSCE Spillover The Council underlines the responsibility of the Monitor Mission to Skopje, especially in moni- Government of the former Yugoslav Republic of Ma- cedonia for the rule of law in its territory. It supports toring along FYROM’s border. actions by the Government of the former Yugoslav NATO action. On 8 March [S/2001/214], the Republic of Macedonia to address the violence with NATO Secretary-General informed the UN an appropriate level of restraint and to preserve the Secretary-General that, following a fact-finding political stability of the country and foster harmony mission by his Personal Representative, as well as between all ethnic components of the population. visits of a NATO political-military team to Skopje, The Council recalls the need to respect the sover- the North Atlantic Council (NAC) had, on the eignty and territorial integrity of the former Yugo- slav Republic of Macedonia. In this context it em- same day, taken a number of decisions concern- phasizes that the border demarcation agreement, ing the ground safety zone in southern Serbia signed in Skopje on 23 February 2001, and ratified by (see p. 347) and FYROM. Concerning FYROM, NAC the Parliament of the former Yugoslav Republic of welcomed the recent measures taken by the KFOR Macedonia on 1 March 2001, must be respected by Commander, but charged its military authorities all. with identifying additional measures to enhance The Council welcomes the steps taken by the in- security along the FYROM border with Kosovo, ternational security presence (KFOR) to control the FRY.NAC was also considering the findings of border between Kosovo, Federal Republic of Yugo- slavia, and the former Yugoslav Republic of Macedo- the Advisory Mission on Border Security, which nia in accordance with the military-technical agree- recently returned from Skopje, as well as further ment signed in Kumanovo on 9 June 1999. It bilateral and multilateral assistance to the Gov- welcomes the ongoing dialogue between the Govern- ernment. It promised to further study ways of

YUN01—REPROS-cxs jUNE 19 2003 370 Political and security questions showing political support to the FYROM Govern- stitutional solution of the existing problems. The ment, in the light of the recommendations by Chairman-in-Office demanded the immediate NATO’s Deputy Assistant Secretary-General for cessation of the armed actions, stating that any le- Political Affairs, who recently visited Skopje. gitimate demand of the Albanian community NAC would also meet with FYROM’s Foreign Min- should be resolved peacefully and democrati- ister on 9 March, at his request, during which it cally. hoped to address FYROM’s concerns and to en- courage continuation of its measured response to SECURITY COUNCIL ACTION the situation at its northern border. On 21 March [meeting 4301], the Security Coun- Security Council consideration. The Security cil unanimously adopted resolution 1345(2001), Council, in statement S/PRST/2001/8 of 16 based on a draft [S/2001/256] prepared in consulta- March on Kosovo (see p. 350), reiterated its tions among Council members. strong support for FYROM, as expressed by the The Security Council, Council President in his statement on 7 March Recalling its resolutions 1160(1998)of 31March 1998, (see p. 369). It condemned the continuing ex- 1199(1998) of 23 September 1998, 1203(1998) of 24 tremist violence and supported FYROM’s efforts October 1998, 1239(1999) of 14 May 1999 and 1244 to cooperate with NATO and other international (1999) of 10 June 1999 and the statements by its Pres- organizations to end that violence. ident of 19 December 2000 (S/PRST/2000/40), Communications. On 20 March [S/2001/251], 7 March 2001 (S/PRST/2001/7) and 16 March 2001 FYROM transmitted to the Secretary-General the (S/PRST/2001/8), conclusions of its Assembly following discussion Welcoming the steps taken by the Government of the former Yugoslav Republic of Macedonia to consolidate of the current security situation from 16 to 18 a multi-ethnic society within its borders, and express- March. The Assembly, noting the deteriorating ing its full support for the further development of this security situation, said that FYROM’s authorities, process, its Assembly, Government and defence-security Also welcoming the plan put forward by the Govern- structures would undertake adequate measures ment of the Federal Republic of Yugoslavia to resolve to secure peace and stability in the country and peacefully the crisis in certain municipalities in south- the security of all its citizens, as well as urgent ern Serbia, and expressing encouragement for the im- measures to impede further escalation of the plementation of political and economic reforms de- signed to reintegrate the ethnic Albanian population as situation. It appealed to international organiza- full members of civil society, tions to continue their unconditional support for Welcoming international efforts, including those of FYROM in preserving its stability, territorial in- the United Nations Interim Administration Mission in tegrity and sovereignty,and to provide that assist- Kosovo, the international security presence in Kosovo ance without the presence of military forces from (KFOR), the European Union, the North Atlantic Treaty neighbouring countries on its territory. It called Organization, and the Organization for Security and on all political parties to refrain from any de- Cooperation in Europe in cooperation with the Gov- structive scenarios and to direct their activities to ernments of the former Yugoslav Republic of Macedo- nia, the Federal Republic of Yugoslavia and other the service of the State and to peace, stability and States, to prevent the escalation of ethnic tensions in democracy. It condemned the statements made the area, in support of violence. The Assembly also asked Further welcoming the contribution of the European for KFOR’s greater presence and strong engage- Union to a peaceful solution to the problems in certain ment along the whole stretch of the northern municipalities in southern Serbia, its decision substan- border and indicated its intention immediately to tially to increase the presence of the European Union intensify the broad political dialogue through its Monitoring Mission there on the basis of its existing institutions with all relevant political bodies in mandate, and its wider contribution to the region, the country to facilitate the settlement of all prob- Welcoming the cooperation between the North Atlan- tic Treaty Organization and the authorities of the lems. former Yugoslav Republic of Macedonia and the Fed- Albania’s Foreign Minister, in a 20 March eral Republic of Yugoslavia in addressing the security statement [S/2001/249] issued in his capacity as problems in parts of the former Yugoslav Republic of Chairman-in-Office of the South-East European Macedonia and certain municipalities in southern Ser- Cooperation Process, expressed concern about bia, developments in FYROM and reaffirmed his full 1. Strongly condemns extremist violence, including support for the safeguard of that country’s sover- terrorist activities, in certain parts of the former Yugo- eignty and territorial integrity. He appreciated slav Republic of Macedonia and certain municipalities in southern Serbia, Federal Republic of Yugoslavia, the self-restraint of the FYROM Government and and notes that such violence has support from ethnic the constructive attitude of all Albanian political Albanian extremists outside these areas and consti- parties in dealing with the crisis, and encouraged tutes a threat to the security and stability of the wider them to advance ethnic coexistence through in- region;

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2. Reaffirms its commitment to the sovereignty and of two soldiers, the occupation of several villages territorial integrity of the Federal Republic of Yugosla- and the taking of hostages. It called on the ex- via, the former Yugoslav Republic of Macedonia and tremists to stop the violence, release the hostages the other States of the region, as set out in the Helsinki Final Act; and withdraw immediately. The EU supported 3. Reiterates its strong support for the full imple- the inter-ethnic dialogue recently launched by mentation of resolution 1244(1999); FYROM authorities and urged ethnic Albanian 4. Demands that all those who are currently engaged leaders in Kosovo, FRY, and Albania’s political in armed action against the authorities of those States leaders to condemn unambiguously those acts of immediately cease all such actions, lay down their weap- terrorism and to use their influence to prevent ons and return to their homes; violence. 5. Supports the Government of the former Yugoslav On 11 May [S/2001/498], the EU welcomed the Republic of Macedonia and the Federal Republic of agreement on a broad coalition Government in Yugoslavia in their efforts to end the violence in a man- ner consistent with the rule of law; FYROM, expressed hope that the new Govern- 6. Underlines the need for all differences to be re- ment would serve as a solid platform for han- solved by dialogue among all legitimate parties; dling the hard political decisions that lay ahead 7 Further underlines the requirement for all parties and assured it of EU support in that difficult task. to act with restraint and full respect for international In a further statement issued on 26 July [S/2001/ humanitarian law and human rights; 751], the EU condemned the violation of the cease- 8. Welcomes the efforts of the Government of Alba- fire in FYROM and appealed for its restoration. nia to promote peace in the region and isolate extrem- It enjoined the parties to relaunch negotiations ists working against peace, and encourages it and all and to show a spirit of compromise. It reiterated States to take all possible concrete steps to prevent sup- port for extremists, taking also into account resolution its support for a new mission to Skopje by the 1160(1998); EU High Representative (the EU President), who 9. Calls upon Kosovo Albanian political leaders, and would be accompanied by the NATO Secretary- leaders of the ethnic Albanian communities in the General and the OSCE Chairman-in-Office. former Yugoslav Republic of Macedonia, southern Serbia and elsewhere, publicly to condemn violence Framework Agreement and ethnic intolerance and to use their influence to se- cure peace, and calls upon all those who have contact On 13 August, President Boris Trajkovski of with the extremist armed groups to make clear that FYROM and the leaders of the country’s four they have no support from any quarter in the interna- main political parties signed the “Framework tional community; Agreement in the former Yugoslav Republic of 10. Welcomes the efforts of KFOR to implement reso- Macedonia”. lution 1244(1999) in cooperation with the authorities The Agreement laid out the principles basic to of the former Yugoslav Republic of Macedonia and the a modern democratic FYROM: the rejection of the Federal Republic of Yugoslavia, and calls upon KFOR to continue further to strengthen its efforts to prevent un- use of violence to pursue political aims; the pres- authorized movement and illegal arms shipments ervation of the State’s sovereignty and territorial across borders and boundaries in the region, to confis- integrity and the multi-ethnic character of its so- cate weapons within Kosovo, Federal Republic of Yugo- ciety; the evolution of its Constitution so as to slavia, and to continue to keep the Council informed in meet citizens’ needs and conform with interna- accordance with resolution 1160(1998); tional standards; and the development of local 11. Calls upon States and appropriate international self-government. organizations to consider how they can best give practi- The Agreement provided for: the cessation cal help to efforts in the region further to strengthen democratic, multi-ethnic societies in the interests of all of hostilities, an unconditional ceasefire, the vol- and to assist the return of displaced persons in the untary disarmament and disbandment of eth- areas in question; nic Albanian armed groups, and the parties’ 12. Calls upon all States in the region to respect acceptance of those conditions under which each other’s territorial integrity and to cooperate on NATO would operate in the country; the devel- measures that foster stability and promote regional opment of a decentralized Government; non- political and economic cooperation in accordance with discrimination and equal treatment for all, to be the Charter of the United Nations, the basic principles of the Organization for Security and Cooperation in embodied in laws, particularly those regulating Europe and the Stability Pact for South-East Europe; employment in public administration; special 13. Decides to monitor developments on the ground parliamentary procedures for the adoption of carefully and remain actively seized of the matter. legislation; the Macedonian language as the country’s official language and in international EU communications. The EU, in a 3 May state- relations, with specific rules on the use of other ment [S/2001/442], condemned the renewed acts native languages, in addition to Macedonian, in of violence by ethnic Albanian extremists in education and in units of local self-government; FYROM’s northern region, including the killing rules regarding the expression of identity in

YUN01—REPROS-cxs jUNE 19 2003 372 Political and security questions terms of State and local emblems; and timetables character of Macedonian society and the stability of for the implementation of the constitutional the country. amendments (within 45 days of the Agreement’s The Council welcomes the efforts of the European signature), the legislative modifications and Union, the Organization for Security and Co- confidence-building measures, contained in an- operation in Europe and the North Atlantic Treaty nexes A, B and C, respectively,to the Agreement. Organization in support of the Framework Agree- ment. It also calls on the international community to On the date of the Agreement’s signature, the consider how best to assist the Government of the EU issued a statement [S/2001/802] welcoming the former Yugoslav Republic of Macedonia in facilitat- event as representing a crucial stage in FYROM’s ing its full implementation. ongoing political process. It urged all parties to The Council will continue to follow closely devel- abide by the Agreement and to take all the meas- opments on the ground. ures for its speedy implementation. It reiterated its call for the scrupulous observance of the ceasefire During the Council’s consideration on 28 and expressed readiness to convene a donors’ con- August [meeting 4359] of the situation in the FRY ference soon after the Agreement’s constitutional province of Kosovo, the FYROM representative and legislative provisions had been adopted by said that the signing of the Framework Agree- the Parliament. It indicated that a reconstruction ment was a significant step towards a peaceful and rehabilitation programme to help in imple- outcome of the political and security crisis in his menting the reforms was in preparation. country and noted that the Secretary-General had underlined UN readiness to assist in imple- SECURITY COUNCIL ACTION menting it. On 13 August [meeting 4356], following consulta- Drawing the Council’s attention to the security tions among Security Council members, the dimension of the Agreement related to develop- President made statement S/PRST/2001/20 on ments in Kosovo, he referred to recent UNMIK behalf of the Council: and KFOR activities along the border with Kosovo The Security Council welcomes the signing of the as contributing to a more efficient control of ille- Framework Agreement in the former Yugoslav Re- gal border traffic and infiltration into FYROM. public of Macedonia by President Trajkovski and the He stressed that, for the Agreement’s security leaders of four political parties on 13 August 2001. component to be effective, a complete cessation The Council calls for the full and immediate imple- of the activities of ethnic Albanian insurgency in- mentation of the Agreement, which promotes the stigators and supporters from Kosovo, including peaceful and harmonious development of civil soci- members of the Kosovo Protection Corps (KPC), ety while respecting the ethnic identity and the inter- ests of all Macedonian citizens. had to be ensured. He reiterated his country’s expectation that UNMIK and KFOR would put a The Council calls for the full implementation of its resolution 1345(2001) and reaffirms the sover- stop to the infiltration and to all mobilization ac- eignty and territorial integrity of the former Yugo- tivities of former KPC fighters, including their slav Republic of Macedonia. joining the so-called National Liberation Army The Council calls again on all those concerned, in- operating in FYROM. That was of particular im- cluding on leaders of ethnic Albanian communities portance for the success of the ongoing NATO op- in the region, publicly to condemn violence and eth- eration in FYROM to disarm ethnic Albanian nic intolerance and to use their influence to secure groups and to ensure their complete, voluntary peace. It reiterates its call to all who have contact disbandment. with extremist groups to make clear to them that they have no support from any quarter in the interna- tional community. The Council condemns the on- Further developments going violence by extremists and calls on all parties to respect the ceasefire. The Council rejects any at- On 21 September [S/2001/897], FYROM trans- tempt to use violence including the use of landmines mitted to the Security Council the separate letters to undermine the Framework Agreement, which has it had addressed to NATO and OSCE. By the been negotiated by the democratically elected politi- former, FYROM thanked NATO for its response to cal leadership of the former Yugoslav Republic of FYROM’s efforts to find a way out of its current Macedonia. crisis provoked by Albanian terrorists and illegal The Council supports the actions of the President armed groups. Their disarmament and elimina- and Government of the former Yugoslav Republic of tion were the foremost steps in the normalization Macedonia aimed at resolving the crisis, and assur- of the country. FYROM would host an OSCE and ing a stable and democratic future for all of the citi- zens of the former Yugoslav Republic of Macedonia, EU monitoring mission and would support a light including through continued dialogue with the full presence of NATO in the country upon the con- representation of all legitimate political parties to clusion of its Operation Essential Harvest, to pro- strengthen democracy and preserve the multi-ethnic vide additional security for the mission. The mo-

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 373 dalities for such a security presence could be cratic future for the former Yugoslav Republic of specified in a memorandum of understanding. Macedonia; 4. Welcomes the efforts of the European Union and In its letter to OSCE, FYROM indicated its the Organization for Security and Cooperation in decision of 11 September to enhance the OSCE Europe to contribute to the implementation of the Spillover Monitor Mission to Skopje by increas- Framework Agreement, in particular through the pres- ing the number of monitors so as to assist the ence of international observers; Government with the Framework Agreement’s 5. Endorses the efforts of Member States and rele- implementation, in particular with its confidence- vant international organizations to support the imple- building measures. As a priority, FYROM requested mentation of the Framework Agreement and strongly a rapid deployment of OSCE monitors and police supports in that regard the establishment of a multina- tional security presence in the former Yugoslav Repub- advisers in sufficient numbers to provide a visible lic of Macedonia at the request of its Government to presence throughout the sensitive areas. It in- contribute towards the security of the observers, and in- vited OSCE also to assist in other areas, especially vites the Government of the former Yugoslav Republic the programmes of police training, media and of Macedonia to keep the Council informed; inter-ethnic relations, as set out in the Agree- 6. Demands that all concerned ensure the safety of ment. It would further welcome OSCE involve- international personnel in the former Yugoslav Repub- ment, through its Office for Democratic Institu- lic of Macedonia; 7. Welcomes the efforts of the United Nations In- tions and Human Rights, in the conduct of the terim Administration Mission in Kosovo and the inter- forthcoming censuses and elections in FYROM. national security presence to implement fully resolu- tion 1244(1999),in particular by further strengthening SECURITY COUNCIL ACTION its efforts to prevent unauthorized movement and On 26 September [meeting 4381], the Security illegal arms shipments across borders and boundaries, Council unanimously adopted resolution 1371 to confiscate illegal weapons within Kosovo, Federal (2001), based on a draft [S/2001/902] prepared in Republic of Yugoslavia, and to keep the Council informed; consultations among Council members. 8. Decides to remain seized of the matter. The Security Council, Recalling its resolutions 1244(1999) of 10 June 1999 Communications. In a 9 October statement and 1345(2001) of 21 March 2001 and the statements [S/2001/978], the EU expressed concern about the by its President of 7 March 2001 (S/PRST/2001/7), 16 insufficient progress made by FYROM in imple- March 2001 (S/PRST/2001/8) and 13 August 2001 menting the Framework Agreement. The EU ex- (S/PRST/2001/20), pected all democratic forces in the country to Welcoming the steps taken by the Government of the former Yugoslav Republic of Macedonia to consolidate continue to engage fully and constructively in the a multi-ethnic society within its borders, and express- parliamentary process and appealed to the Par- ing its full support for the further development of this liament to approve all of the Agreement’s consti- process, tutional and legislative provisions. It was waiting Welcoming in this regard the signing of the Frame- for the Government to find an effective solution work Agreement at Skopje on 13 August 2001 by the to the problem of amnesty for the rebels and for President of the former Yugoslav Republic of Macedo- the return of the security forces to be coordi- nia and the leaders of four political parties, nated with the international community’s repre- Welcoming international efforts, including those of the Organization for Security and Cooperation in sentatives. The EU stressed that its assistance in Europe, the European Union and the North Atlantic the reforms being carried out by the FYROM Treaty Organization, in cooperation with the Govern- authorities was conditional upon the satisfactory ment of the former Yugoslav Republic of Macedonia conclusion of the parliamentary process of con- and other States, to prevent the escalation of ethnic ten- stitutional revision. In that regard, it noted that sions in the area and to facilitate the full implementa- the conditions for the convening of a donors’ tion of the Framework Agreement, thus contributing to conference had not yet been fulfilled. peace and stability in the region, Welcoming the letter from the Permanent Represen- The EU appreciated UN support for a multina- tative of the former Yugoslav Republic of Macedonia to tional security presence in FYROM and welcomed the President of the Security Council of 21 September NATO’s decision to authorize the deployment of 2001, the Operation Amber Fox force to provide that 1. Reaffirms its commitment to the sovereignty and presence and contribute to the security of the in- territorial integrity of the former Yugoslav Republic of ternational monitors deployed by OSCE and the Macedonia and other States of the region; EU, whose number would be increased. 2. Calls for the full implementation of resolution On 16 November [A/56/640-S/2001/1094], follow- 1345(2001); 3. Supports the full and timely implementation of ing adoption of the amendments to the FYROM the Framework Agreement, rejects the use of violence Constitution, FYROM’s President issued a state- in pursuit of political aims and stresses that only peace- ment welcoming those changes, saying the coun- ful political solutions can assure a stable and demo- try had a great deal of work before it: immediate

YUN01—REPROS-cxs jUNE 19 2003 374 Political and security questions re-establishment of the State’s sovereignty and refugees and displaced persons nor the recom- rule of law throughout the country; the return of mendations of the 2000 joint assessment mission displaced persons to their homes before the win- to the Gali district had been fulfilled. As noted by ter; the reconstruction of their homes and repair the Secretary-General, the parties neglected ac- of the infrastructure; the return of children to tive work within the mechanisms of the UN-led school; and initiating the process of healing and Geneva peace process [YUN 1997, p. 365], in particu- of overcoming differences. The President called lar the Coordinating Council, thus threatening to on the international community to fulfil its com- defeat the purpose of that negotiating forum. mitments, including support for and involve- The month of October was marked by the ment in the return of the security forces to the shooting down of a UN helicopter on its way to crisis regions. He also called for the early organi- resume patrolling in the upper Kodori Valley, as zation of the donors’ conference. He welcomed well as by large-scale hostilities in the conflict the United States characterization of acts of zone. Nonetheless, the Special Representative armed provocation by Albanian groups in FYROM and UNOMIG, with the support of the Collective as acts of terrorism and called on all who consid- Peacekeeping Force of the Commonwealth of In- ered violence as a solution to the problems to lay dependent States (CIS peacekeeping force), re- down their arms and to reintegrate into the com- mained steadfast in the discharge of their man- munity. dates and in their determination to de-escalate hostilities and stabilize the situation in that zone. The Security Council strongly supported those Georgia efforts and, recognizing the contributions of UNOMIG to the peace process in Georgia, ex- tended its mandate twice during the year, the second time until 31 January 2002. During 2001, the Special Representative of the Secretary-General and Head of the United Nations Observer Mission in Georgia (UNOMIG), UN Observer Mission in Georgia with the assistance of the Russian Federation in The United Nations Observer Mission in its capacity as facilitator, the Group of Friends Georgia (UNOMIG), established by Security of the Secretary-General (France, Germany, Council resolution 858(1993) [YUN 1993, p. 509], Russian Federation, United Kingdom, United continued to monitor and verify compliance with States) and OSCE, continued efforts to engage the the 1994 Agreement on a Ceasefire and Separa- Georgian and Abkhaz parties in negotiations to- tion of Forces (Moscow Agreement) [YUN 1994, wards a comprehensive settlement of their con- p. 583] and to fulfil other tasks as mandated by flict, including a definition of the political status resolution 937(1994) [ibid., p. 584]. Monitoring in- of Abkhazia as a sovereign entity within the State volved daily ground and regular helicopter pa- of Georgia. The long-awaited paper on the Basic trols. UNOMIG operated in close collaboration Principles for the Distribution of Competences with the CIS peacekeeping force that had been in between Tbilisi (Georgia’s Government) and the zone of conflict, at the request of the parties, Sukhumi (the Abkhaz leadership), intended to since 1994 [ibid., p. 583]. The Council extended serve as the basis for substantial negotiations, was UNOMIG’s mandate twice during the year, the finalized in mid-December and transmitted to first time until 31 July 2001 and the second until the parties. Adamant in its rejection of any sug- 31 January 2002. gestion that Abkhazia was within the State of Georgia, the Abkhaz party was not prepared to UNOMIG’s main headquarters was located in receive the paper. Consequently, the peace pro- Sukhumi (Abkhazia, Georgia), with some admin- cess remained stalled. istrative headquarters in Pitsunda, a liaison of- The successful holding of the third meeting fice in the Georgian capital of Tbilisi and team on confidence-building measures between Geor- bases and a sector headquarters in both the Gali gia and Abkhazia in Yalta, Ukraine, in March and Zugdidi sectors. A team base in the Kodori yielded the Yalta Declaration and a Programme Valley was manned by observers operating from of Action on Confidence-building Measures. Sukhumi. While those documents held promise of helping UNOMIG was headed by the Secretary- to narrow down the parties’ divergent positions, General’s Special Representative for Georgia, by year’s end, no significant implementation of Dieter Boden (Germany), who was assisted by the the commitments and proposals they contained Chief Military Observer, Major General Anis had been made. Furthermore, neither the par- Ahmed Bajwa (Pakistan). As at 31 December ties’ commitments on the voluntary return of 2001, it had a strength of 106 military observers.

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Activities one of whom was kidnapped by the gunmen, who Report of Secretary-General (January). In his retreated with the truck to Abkhaz-controlled January 2001 report [S/2001/59] describing the territory. The second violation took place on 26 situation in Abkhazia, Georgia, and UNOMIG January, when an anti-tank rocket was launched operations there from October to the end of from Abkhaz-controlled territory on the left 2000, summarized in 2000 [YUN 2000, p. 397], the bank of the Inguri River towards Georgian- Secretary-General, observing that the continued controlled territory,hitting a moving car near the lack of progress on the fundamental issue of the CIS peacekeepers’ checkpoint No. 301; the car ex- future political status of Abkhazia within the ploded, seriously injuring four civilians. State of Georgia could jeopardize the whole peace process, called on both sides to muster SECURITY COUNCIL ACTION (January) enough political will to overcome the impasse. On 31January [meeting 4269], the Security Coun- He appealed in particular to the Abkhaz side to cil unanimously adopted resolution 1339(2001), demonstrate more flexibility and willingness to based on a draft [S/2001/93] prepared in consulta- address the core political questions of the con- tions among Council members. flict and called for the early finalization of the The Security Council, draft document on basic principles for the distri- Recalling all its relevant resolutions, in particular bution of competences between Tbilisi and resolution 1311(2000) of 28 July 2000, and the state- Sukhumi [ibid., p. 391] and for its presentation to ment of its President of 14 November 2000 (S/PRST/ the parties by the Special Representative and the 2000/32), Group of Friends of the Secretary-General, Having considered the report of the Secretary-General whose consensus position was deemed essential. of 18 January 2001, The Secretary-General called on the two sides to Recalling the conclusions of the Lisbon and Istanbul summits of the Organization for Security and enable the dignified, safe and secure return of Cooperation in Europe regarding the situation in people to the Gali district, and urged them to im- Abkhazia, Georgia, plement the recommendations of the 2000 joint Stressing that the continued lack of progress on key assessment mission to that district [ibid., p. 397]. issues of a comprehensive settlement of the conflict in Together with the Resident Coordinator and Abkhazia, Georgia, is unacceptable, Humanitarian Coordinator, UNOMIG would ex- Deeply concerned that, although currently mostly plore possibilities for increasing humanitarian calm, the general situation in the conflict zone remains aid to the population, including the allocation of very volatile, Noting the holding of the twelfth session of the Co- a sum in the UNOMIG budget for limited ad hoc ordinating Council of the Georgian and Abkhaz sides assistance. on 23 January 2001, Stressing that both sides bore primary respon- Recalling the relevant principles contained in the sibility for the security of UNOMIG’s military and Convention on the Safety of United Nations and Asso- civilian personnel, the Secretary-General ap- ciated Personnel adopted on 9 December 1994, pealed to the Government of Georgia to bring to Welcoming the important contributions that the justice the perpetrators of the hostage-taking in- United Nations Observer Mission in Georgia and the collective peacekeeping force of the Commonwealth of cidents of October 1999 [YUN 1999, p. 382] and of Independent States continue to make in stabilizing the June [YUN 2000, p. 392] and December 2000 [ibid., situation in the conflict zone, noting that the working p. 397]. He said the Government also needed to relationship between the Mission and the collective create the necessary security conditions in the peacekeeping force has remained very close, and upper Kodori Valley to allow UNOMIG to carry stressing the importance of close cooperation between out its mandate fully in that area. Convinced of them in the performance of their respective mandates, UNOMIG’s crucial role in stabilizing the zone of 1. Welcomes the report of the Secretary-General of conflict and in furthering the negotiation pro- 18 January 2001; cess, he recommended that the UNOMIG man- 2. Strongly supports the sustained efforts of the Secretary-General and his Special Representative, with date be extended for a further six-month period, the assistance of the Russian Federation, in its capacity until 31 July. as facilitator, as well as of the Group of Friends of the Communication. On 29 January [S/2001/89], Secretary-General and of the Organization for Secu- Georgia informed the Security Council about re- rity and Cooperation in Europe, to promote the stabili- cent violations by the Abkhaz separatists of the zation of the situation and the achievement of a com- 1994 Agreement on a Ceasefire and Separation prehensive political settlement, which must include a settlement of the political status of Abkhazia within the of Forces [YUN 1994,p. 583]. The first violation took State of Georgia; place on 25 January, when unidentified gunmen 3. Strongly supports, in particular, the intention of opened fire on a civilian gasoline transportation the Special Representative to submit, in the near fu- truck in the village of Chuburkhindgi, killing ture, the draft paper containing specific proposals to one civilian and seriously injuring two others, the parties on the question of the distribution of con-

YUN01—REPROS-cxs jUNE 19 2003 376 Political and security questions stitutional competences between Tbilisi and Sukhumi 14 . Welcomes the fact that the Mission is keeping its as a basis for meaningful negotiations; security arrangements under constant review in order 4. Stresses the need to accelerate work on the draft to ensure the highest possible level of security for its protocol on the return of the refugees to the Gali staff; region and measures for economic rehabilitation, as 15. Decides to extend the mandate of the Mission for well as on the draft agreement on peace and guarantees a new period terminating on 31 July 2001, subject to a for the prevention and for the non-resumption of hos- review by the Council of the mandate of the Mission in tilities; the event of any changes that may be made in the man- 5. Calls upon the parties, in particular the Abkhaz date or in the presence of the collective peacekeeping side, to undertake immediate efforts to move beyond force, and expresses its intention to conduct a thorough the impasse and to engage in negotiations on the core review of the operation at the end of its current man- political questions of the conflict and all other out- date, in the light of steps taken by the parties to achieve standing issues in the United Nations–led peace pro- a comprehensive settlement; cess; 16. Requests the Secretary-General to continue to 6. Welcomes the readiness of the Government of keep the Council regularly informed and to report Ukraine to host the third meeting on confidence- three months from the date of the adoption of the pres- building measures, welcomes also the commitment of ent resolution on the situation in Abkhazia, Georgia, both sides to the conflict to meet in Yalta in March 2001, and requests also the Secretary-General to provide for a and notes the important contribution a successful con- briefing within three months on the progress of the ference would make to the peace process; political settlement, including on the status of the draft 7. Reaffirms the unacceptability of the demographic paper his Special Representative intends to submit to changes resulting from the conflict, and reaffirms also the parties as referred to in paragraph 3 above; the inalienable right of all refugees and displaced per- 17. Decides to remain actively seized of the matter. sons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with in- Prior to the vote on the resolution, Georgia ternational law and as set out in the Quadripartite made a statement to the effect that the introduc- Agreement on the Voluntary Return of Refugees and tion of a new operative paragraph—paragraph Displaced Persons of 4 April 1994; 4—might jeopardize the upcoming third meeting 8. Urges the parties, in this context, to address on confidence-building measures and put the urgently and in a concerted manner, as a first step, the entire peace process on hold. The draft protocol undefined and insecure status of spontaneous return- and the draft agreement on peace guarantees re- ees to the Gali district, which remains an issue of seri- ous concern; ferred to in that paragraph were unacceptable. 9. Expresses its satisfaction with the joint assessment The draft agreement, which it labelled dubious mission to the Gali district, carried out under the aegis in many respects, was neither referred to in the of the United Nations, and looks forward to the careful Secretary-General’s report nor discussed by the consideration of the mission’s recommendations re- Council. Furthermore, it was not convinced that garding human rights, law enforcement and educa- paragraph 4 as proposed would not be inter- tion; preted as exerting Council pressure on a Member 10. Condemns all violations of the Moscow Agree- State to enter into a peace agreement with a sepa- ment of 14 May 1994 on a Ceasefire and Separation of rate region, thus setting a dangerous precedent Forces, and notes with particular concern the Abkhaz military exercise conducted in November 2000; from the standpoint of international law. Stress 11. Deplores the rise in criminality and activities of should be placed, rather, on the need to acceler- armed groups in the conflict zone, which constitutes a ate work on the return of refugees and internally major destabilizing factor affecting the overall situa- displaced persons to the Gali district, on the re- tion, calls upon the parties to increase their efforts at gion’s economic rehabilitation and on guaran- curbing them and to cooperate in good faith using the tees for the non-resumption of hostilities. means provided by the Coordinating Council mecha- Communications. By a 27 February statement nism, condemns the recent killings of civilians and [S/2001/196], Georgia’s Foreign Ministry stated Abkhaz militiamen, and calls upon both sides, in par- ticular the Georgian side, to investigate these incidents that the Abkhaz regime’s decision to hold self- and bring to justice those responsible; styled local elections on 10 March was illegal and 12. Condemns the abduction of two military observ- their results should be declared void. More than ers of the United Nations Observer Mission in Georgia half the region’s population had been expelled; on 10 December 2000, recalls that the Georgian and the the security and safety of the remaining Geor- Abkhaz sides bear the primary responsibility for the se- gians were under constant threat, their basic hu- curity of the Mission, the collective peacekeeping force man rights were regularly violated and free ex- of the Commonwealth of Independent States and other pression of the people’s will was non-existent. It international personnel, and appeals to them to bring to justice the perpetrators of the hostage-taking inci- recalled the Security Council’s reiteration in dents of October 1999,June 2000 and December 2000; resolution 1287(2000) [YUN 2000, p. 387] that it con- 13. Calls upon the parties to ensure security and sidered unacceptable and illegitimate the hold- freedom of movement of the United Nations and other ing of the self-styled referendum and elections in international personnel; Abkhazia, Georgia. It further stated its belief

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 377 that those unlawful elections created additional technical support and create reporting channels obstacles to the peace process, counteracted the and a database to record progress. good will of the Georgian Government and peo- Ukraine, on 19 March [S/2001/247], referred to ple, and undermined the international commu- the foregoing meeting as having created a good nity’s efforts to find a peaceful resolution, with platform for the conflicting sides to reach accord. full respect for the sovereignty and territorial in- tegrity of Georgia. SECURITY COUNCIL ACTION (March) In a 19 March letter to the Council [S/2001/245], The Security Council met twice on 21 March Georgia’s President, Eduard Shevardnadze, regarding the outcome of the third Georgia- noted that the deadlocked peace process in Abkhaz meeting on confidence-building meas- Abkhazia had led to the eviction of tens of thou- ures. The first Council meeting was held in pri- sands of people from their homes. He stated that vate [meeting 4299], at which Ukraine briefed the further efforts should be directed towards reach- Council on the subject. ing an agreement on the political status of At the second meeting [meeting 4300], following Abkhazia, with full respect for Georgia’s sover- consultations among Council members, the eignty and territorial integrity, and towards the unconditional and dignified return of all refu- President made statement S/PRST/2001/9 on gees and internally displaced persons to their behalf of the Council: homes. To those ends, Georgia proposed that the The Security Council welcomes the successful United Nations draft a document setting forth holding of the third meeting on confidence- the basic principles on the distribution of con- building measures between the Georgian and stitutional competences between Tbilisi and Abkhaz sides in Yalta on 15 and 16 March 2001 and the resumption of dialogue between them, and notes Sukhumi, to be debated and approved by the Se- the documents signed there. It hopes that action curity Council prior to its presentation to the two flowing from the Yalta meeting will lead to a narrow- sides as a basis for further negotiations; and that ing of the positions of the two sides and stimulate decisive action be taken to ensure fulfilment of further constructive dialogue aimed at achieving a the Abkhaz regime’s primary responsibility to se- comprehensive political settlement of the conflict, cure the unconditional return of displaced per- including a settlement of the political status of sons, while asserting that there could be no link- Abkhazia within the State of Georgia and other key issues. The Council underlines the contribution that age between the issue of Abkhazia’s political confidence-building measures can bring to the status and the inalienable right of refugees and peace process and commends the efforts by the Gov- displaced persons to return home. ernment of Ukraine in ensuring the success of the Ukraine, on 17March [S/2001/242], transmitted Yalta meeting. to the Secretary-General the final documents of The Council reaffirms its support for the efforts the third meeting on confidence-building meas- by the Special Representative of the Secretary- ures between Georgia and Abkhazia (Yalta, 15-16 General to enhance contacts at all levels between the March), held under UN auspices within the Georgian and Abkhaz sides, in close cooperation with the Russian Federation, in its capacity as facili- framework of the Geneva peace process [YUN 1997, tator, the Group of Friends of the Secretary-General p. 365]. One was the Yalta Declaration, by which and the Organization for Security and Cooperation the two sides reaffirmed their commitments to in Europe. the non-use of force in resolving their disputes The Council encourages the two sides to engage and to create the conditions necessary for the safe with renewed commitment in the peace process. The return of refugees and internally displaced per- Council notes the stated willingness of the two sides sons to their homes, the first phase being to the to ensure favourable conditions for the continuation Gali district within the old borders. They asked of the peace process, their stated commitment to the the Special Representative to appeal to the non-use of force and their stated determination to intensify efforts in order to create the necessary cli- United Nations, the Group of Friends of the mate for the voluntary return of internally displaced Secretary-General, OSCE and CIS to guarantee persons and refugees in secure and dignified condi- the implementation of those commitments. The tions. The Council also notes the important contri- two sides further reaffirmed their commitment bution that the United Nations Observer Mission in to observe their ceasefire accords and to prevent Georgia and the collective peacekeeping force of the threats to the life and security of UNOMIG and CIS Commonwealth of Independent States continue to peacekeeping personnel. make in stabilizing the situation in the zone of con- flict. The second document was a Programme of The Council underlines the unacceptability of the Action on confidence-building measures, to holding of self-styled local elections in Abkhazia, which was annexed a list of 15 specific measures Georgia, on 10 March 2001, which it deems illegiti- in various fields, for the implementation of mate and unhelpful. The organization of these elec- which they would provide organizational and tions represents an additional obstacle to the at-

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tempts to reach a comprehensive settlement of the cerning the violation of UNOMIG’s freedom of conflict based on international law. movement in November 2000, when the Abkhaz The Council stresses the importance of negotia- side prohibited the overflight of territory under tions on the core political questions of the conflict. In this regard, it looks forward to the briefing to be its control [YUN 2000, p. 397]. provided by the Secretary-General on the progress of As to UNOMIG operations, the Secretary- the political settlement, including on the status of General reported that the Special Representative the draft paper his Special Representative intends to obtained adequate security assurances from the submit to the two sides, as referred to in paragraph Georgian authorities for patrolling in the upper 16 of its resolution 1339(2001) of 31 January 2001. Kodori Valley,which had been suspended follow- The Council will remain actively seized of the mat- ing the December 2000 abduction of UNOMIG ter and reaffirms its commitment to advancing the peace process. military observers [ibid.]. Based on those assur- ances and under revised UNOMIG security regu- Report of Secretary-General (April). In April lations, the Chief Military Observer decided to [S/2001/401], the Secretary-General reported that resume helicopter patrols over the Kodori Valley no progress was achieved either on the funda- on 13 April. UNOMIG was also ready to resume mental issue of Abkhazia’s future political status ground patrols in the lower Valley in cooperation within the State of Georgia or on reaching agree- with the CIS peacekeeping force. ment among the Group of Friends on the draft The overall situation in the conflict zone, par- paper concerning the distribution of compe- ticularly in the Gali region, remained volatile: 45 tences between Tbilisi and Sukhumi, considered shooting incidents, 12 killings, 9 abductions, 8 a prerequisite for presenting the text as a basis for mine blasts and 40 robberies were recorded. negotiations. Moreover, in a 12 March letter, the None directly targeted UNOMIG personnel. In re- Abkhaz leader, Vladislav Ardzinba, repeated his sponse to a number of January clashes between rejection of any discussion on the status question Abkhaz and Georgian armed groups and attacks on the basis of an eventual draft paper. Neverthe- targeting the CIS peacekeeping force, UNOMIG less, key aspects of the question were addressed at increased patrols and defused tensions through a seminar (Pitsunda, Georgia, 12-13 February), its Joint Fact-finding Group and regular weekly which gave the Abkhaz and Georgian sides an op- quadripartite meetings with the two sides, portunity to argue their positions on statehood UNOMIG and the CIS peacekeeping force. March and self-determination. saw incidents of recently laid landmines, as well Referring to the third meeting on confidence- as two bomb attacks on “election” day in the Gali building measures, the Secretary-General ob- district. served that good-faith implementation by the two During April, a CIS vehicle was ambushed. sides of their commitments would mark a quali- An anti-tank mine was discovered on the beach tatively new stage in the confidence-building some 400 metres from UNOMIG headquarters component of the peace process and would give a in Sukhumi, which a United Kingdom–based strong impetus to the settlement effort. demining NGO dismantled. To stop an escalating The Coordinating Council, chaired by the cycle of violence between armed groups from the Special Representative, held its twelfth session two sides that had been triggered by an ambush (Sukhumi, 12 January). The two sides continued from the Georgian side on the main road north to use that Council’s Working Groups I and III to of Gali, the Special Representative, on 16 April, expand direct bilateral contacts on security and convened a meeting of the two sides at the main economic issues. With UNHCR support, efforts bridge over the Inguri River. In a signed Proto- were under way to revive Working Group II on col, they agreed to verify the physical condition refugees and internally displaced persons, but of all persons held, to transfer them to the cus- the Abkhaz side withdrew its agreement to parti- tody of official structures and to hand over the cipate in the scheduled April session of the Coor- bodies of those killed. In subsequent consulta- dinating Council due to a serious deterioration in tions with the two sides and separate meetings relations brought about by that month’s violent with Georgia’s President and the Abkhaz de facto events (see below). “Prime Minister”, Anri Jergenia, the Special The Abkhaz de facto authorities held “local Representative urged them to implement the elections” on 10 March, which the Special Repre- Protocol. The Abkhaz side had since reported to sentative, in a public statement, characterized as UNOMIG sightings of several armed groups cross- unacceptable and illegitimate. Similar state- ing the ceasefire line into Abkhaz-controlled ter- ments were issued by the Council of Europe, ritory. OSCE and the Russian Federation’s Ministry of Faced with an increasing threat from land- Foreign Affairs. An exchange of letters took mines, UNOMIG enhanced its security measures place between UNOMIG and the Abkhaz side con- to include the use of heavier mine- and ballistic-

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 379 protected vehicles. In that regard, the Chief Mili- trict: the renewed activity of Abkhaz armed tary Observer took up with both sides the discov- groups; a bus explosion that killed one civilian; a ery of armour-piercing small arms ammunition mine explosion that severely injured five chil- at the site of the April firefights. UNOMIG intro- dren; the detainment of five civilians, two of duced new security regulations for its staff in the whom were murdered; and the capture of a fish- Zugdidi sector in response to warnings from the ing boat with its five fishermen on the grounds Security Services there of possible abductions or that the boat was “in violation of Abkhaz territo- hostage-taking by anti-Government groups. rial waters”. Georgia thus called on the United Despite the continuing grave humanitarian Nations, the Group of Friends of the Secretary- situation in Abkhazia, humanitarian agencies General, OSCE, the Council of Europe, CIS and continued to provide for much of the popula- other international organizations to take imme- tion’s acute food and medical needs and to con- diate steps to improve the situation and not allow duct mine clearance and small-scale rehabili- the escalating hostilities to jeopardize the peace tation programmes. UNHCR resumed limited process. operations in the Gali district, distributing build- ing materials, school kits and hygiene parcels to SECURITY COUNCIL ACTION (April) schools serving returnee children. The work of The Security Council met twice on 24 April to NGOs continued to be hampered by border- consider the agenda item on the situation in crossing restrictions in the region. Georgia. At the first meeting [meeting 4313], held in The human rights situation in Abkhazia con- private, the Council heard a briefing by the Spe- tinued to be precarious. The killing in August cial Representative of the Secretary-General and 2000 of a legal assistant to the United Nations Head of UNOMIG; at the second [meeting 4314], the Human Rights Office in Sukhumi [YUN 2000, President, following consultations among Coun- p. 395] remained unsolved. Nevertheless, that Of- cil members, made statement S/PRST/2001/12 fice continued to monitor the practices of law en- on behalf of the Council: forcement agencies during pre-trial detention The Security Council welcomes the briefing and criminal trials; to provide advisory services to provided by the Special Representative of the the local population, mostly in cases involving the Secretary-General, on 24 April 2001, in accordance violation of ownership and property rights; and with paragraph 16 of its resolution 1339(2001) of 31 to conduct human rights education and training January 2001. It welcomes also the presence of the programmes. Particular attention was paid to the Minister for Special Affairs of Georgia at its meet- situation in the Gali district. ing. The Council stresses that the continued lack The Secretary-General observed that the atti- of progress on key issues of a comprehensive settle- tude of blanket rejection adopted by the Abkhaz ment of the conflict in Abkhazia, Georgia, is unac- side was short-sighted and counterproductive. ceptable. It underlines the decisive importance of He appealed to all concerned to clear the way for early negotiations on the core political questions of the start of meaningful talks aimed at defining the conflict. It strongly supports, in this context, the status of Abkhazia within the State of Geor- the efforts of the Special Representative of the Secretary-General to promote the achievement of a gia. He called on the two sides to implement with- comprehensive political settlement based on the out delay the recommendations of the 2000 joint resolutions of the Security Council, which must in- assessment mission to the Gali district [ibid., p. 397], clude a settlement of the political status of Abkhazia which were being finalized in consultation with within the State of Georgia. the participating organizations, as well as their obli- The Council strongly supports, in particular, the gations under the 16 April 2001 Protocol, in par- intention of the Special Representative to submit, in ticular the Georgian side’s commitment to take the near future, his draft paper containing specific effective measures to stop the activities of illegal proposals to the parties on the question of the distri- bution of constitutional competences between Tbi- armed groups crossing into the Gali district from lisi and Sukhumi. It calls on all those concerned to the Georgian-controlled side of the ceasefire use their influence with a view to facilitating this line. The Secretary-General stated that violations process. of UNOMIG’s freedom of movement and the fail- The Council welcomes the intention of the Special ure to bring to justice the perpetrators of the Representative to submit the draft paper to the par- hostage-taking incidents that had targeted ties soon, as a starting point for negotiation, and not UNOMIG were not acceptable. as an attempt to impose or dictate any possible solu- tion. It calls upon the parties constructively to accept Communication. Georgia, in a 16 April state- the paper in this light and work towards a mutually ment [S/2001/377], while noting the positive devel- acceptable settlement. opments aimed at reaching a settlement to the The Council will remain actively seized of the mat- conflict in Abkhazia, Georgia, expressed con- ter and reaffirms its commitment to advancing the cern over the recent violent events in the Gali dis- peace process.

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Communication. Belarus, on 20 June [S/2001/ both sides informally indicated that the report 618], informed the Security Council of the 1 June was an objective representation of the situation decision of the Council of Heads of State of the and expressed willingness to discuss the imple- Commonwealth of Independent States to extend mentation of its recommendations. On 15 June, the mandate of the CIS peacekeeping force in the in a major step towards confidence-building, the conflict zone in Abkhazia, Georgia, until 31 De- Abkhaz side handed over to the Georgian side the cember 2001. remains of the 15 Georgian soldiers killed in Report of Secretary-General (July). The combat near Sukhumi in 1993. Secretary-General reported in July [S/2001/713] UNOMIG continued its ground patrols from that, through the efforts of the Special Represen- Sukhumi and the two sector headquarters in Gali tative and the UNOMIG Chief Military Observer, and Zugdidi, along with its helicopter patrols. the Georgian and Abkhaz sides, on 11 May, For security reasons, patrolling remained sus- handed over the remains of those killed in the pended in the upper Kodori Valley. A detailed re- April firefights and exchanged all detainees. The gime for patrolling that region had been agreed lessening of tensions that followed allowed the upon between the Chief Military Observer and seventh session of the Coordinating Council’s Georgia’s Minister of Defence and was to be Working Group I on security matters to be held implemented as soon as the security situation (Sukhumi, 10 July) under the chairmanship of allowed. the Chief Military Observer. In a joint statement, A series of hostage-taking incidents started in the sides resolved to work together in a spirit of early April, and extensive UNOMIG efforts were mutual trust in order to avoid further breaches of required to bring the two sides together at the the 1994 Moscow Agreement [YUN 1994, p. 583],to highest political level to prevent further escala- reduce criminal activity and to bring criminals to tion of the situation. Two Abkhaz delegates re- justice. fused to attend the meetings of the Joint Fact- On 8 and 9 July, two serious incidents in the finding Group due to the failure of the Georgian Gulripshi area resulted in six people dead and authorities to take adequate measures to prevent two taken hostage outside UNOMIG’s area of re- the activities of illegal armed groups in the Gali sponsibility. In a 12 July statement, the Abkhaz region and to provide essential evidence in some side accused the Georgian side of involvement in investigation cases, which constituted a breach of those incidents. It cancelled its participation in the 2000 protocol for the joint investigation of the upcoming Coordinating Council session and violations of the Moscow Agreement [YUN 2000, refused to take part in a planned 16 July seminar p. 387]. Following the joint statement signed dur- on “State-legal aspects” of the settlement of the ing the seventh session of Working Group I, how- conflict—a follow-up to the February Pitsunda ever, both sides expressed readiness to strengthen seminar (see p. 378)—to be held under the aus- their cooperation with the Joint Fact-finding pices of the Council of Europe. Group, which had concluded its investigations in Work on the issue of the future status of three cases: the 25 January fuel truck ambush; Abkhazia within the State of Georgia intensified the 26 January anti-tank missile attack (see following Security Council statement S/PRST/ p. 375); and the April mine explosion in which 2001/12 (see p. 379). The Group of Friends, in five children were injured (see p. 379). close consultation with the Special Representa- On 6 May, an Abkhaz customs officer driving a tive, had accelerated the finalization of the draft vehicle was stopped and taken by a group of paper on the distribution of competences be- armed men to the Georgian side of the ceasefire tween Tbilisi and Sukhumi. The Special Repre- line. A meeting of the two sides, facilitated by sentative visited Moscow in mid-July, where he UNOMIG and chaired by its Chief Military Ob- met with high-ranking representatives of the server, was held on 11 May at the main bridge Russian Federation, in its capacity as facilitator. over the Inguri River. That meeting led to the The Abkhaz authorities reiterated their well- signing of a protocol in which the Georgian side known position that any discussion of Abkhazia’s agreed to consider evidence gathered by the political status was obsolete given its 1999 “Act Abkhaz side against three Georgians suspected on State Independence of the Republic of of murder. It was also agreed that UNOMIG would Abkhazia” [YUN 1999, p. 373]. verify the protocol’s implementation. Immedi- Despite the unstable security situation in the ately following the meeting, an exchange of hos- zone of conflict, a steady return of internally dis- tages took place. placed persons to the Gali region continued. In The reporting period saw the repeated viola- early May, the Special Representative submitted tion of the Moscow Agreement. During a June to the two sides the report of the 2000 joint assess- NATO/Partnership for Peace military exercise, ment mission to the Gali district [YUN 2000, p. 397]; hosted by Georgia’s armed forces and conducted

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 381 in the Kulevi military manoeuvre area, UNOMIG’s Violations of the right to life, the right to physi- freedom of movement in that site was restricted. cal integrity and the right to liberty and security Georgian armoured personnel carriers and heli- of person remained major issues of concern to copters were observed operating in the restricted the United Nations Human Rights Office in weapons zone. On 23 June, two Abkhaz ar- Abkhazia. The Office reported new cases of evic- moured vehicles entered the restricted weapons tions and violations of the right to property, zone during a military exercise and, on 7 July, a along with complaints about religious persecu- Georgian armoured personnel carrier was seen tion. The number of abductions had markedly in the security zone. UNOMIG lodged protests increased. The human rights situation remained with both sides for all those violations. The Geor- particularly precarious in the Gali region, where gian law enforcement agencies had begun a the joint assessment mission had recommended criminal case against two individuals suspected the opening of a human rights branch office of involvement in the hostage-taking of UN ob- [YUN 2000, p. 397]. servers, and measures were under way to arrest others involved. Encouraged by progress achieved within the A disturbing tendency by the two sides to re- Group of Friends on streamlining its position strict the movement of UNOMIG personnel had with regard to the draft paper on the distribution developed, thereby hindering UNOMIG’s ability of competences, the Secretary-General appealed to fulfil its mandate. A serious instance of ob- to the Group to complete that process with the struction occurred on 30 April, when Abkhaz cooperation of the Special Representative and military personnel aimed a grenade launcher at a said that the Abkhaz side should reconsider its UNOMIG helicopter circling an Abkhaz observa- position not to address the status question. He tion post. On 14 June, the Georgian side pre- said both sides should work together to clarify the vented UNOMIG military observers from entering 8 and 9 July incidents (see p. 380), release the part of the restricted weapons zone. The next hostages and bring the perpetrators to justice. He day, the same side advised UNOMIG against con- further urged them to resume their work in the ducting helicopter flights over parts of its area Coordinating Council as soon as possible. of responsibility due to the ongoing military exercises; the situation was rectified following The Secretary-General called on both sides to UNOMIG’s protest. fulfil their commitments under the 1994Quadri- On 30 April, the UNOMIG Zugdidi liaison team partite Agreement on the voluntary return of was detained for about four hours by a demon- refugees and displaced persons [YUN 1994, p. 581] stration of some 100 internally displaced persons with renewed determination; invited them to im- waiting to receive allowances from the Zugdidi plement the Yalta Programme of Action (see Post Bank. The demonstrators demanded that p. 377); and appealed for their full compliance the team contact the Minister for Distribution of with the Moscow Agreement. The Secretary- Allowances to request that he negotiate with General concluded his report by recommending them. The team was released upon the arrival of that UNOMIG’s mandate be extended until 31 the police and local authorities, but the demon- January 2002. strators threatened to destroy UNOMIG’s Zugdidi Communication. On 24 July [S/2001/733], Geor- sector headquarters on 11 May if they had not gia expressed serious concern regarding the dis- received their allowances by 10 May. Despite ruption by the Abkhaz side of the thirteenth UNOMIG’s repeated requests, Georgian authori- ties failed to take measures to safeguard against Georgian-Abkhaz Coordinating Council session that threat. On 11May, quick police response to a scheduled for 17 July in Tbilisi. It said that such demonstration outside the sector headquarters actions, designed to halt the peace process, were forestalled any damage. becoming routine. At the seventh session of With respect to the continued serious humani- Working Group I, the Georgian side had again tarian situation in Abkhazia, Georgia, UNHCR underscored the need to create a joint action initiated community-based rehabilitation of 14 mechanism for the improvement of security con- schools requiring urgent attention in the upper ditions in the region. However, the Abkhaz side and lower Gali regions and planned to expand its rejected all previous agreements and Georgian assistance to others. Despite the deplorable con- initiatives. Georgia claimed that returnees were ditions found at many schools, they were at- being subjected to continuous violations of their tended by nearly 4,000 pupils in the 2000/01 fundamental rights by criminal elements and by school year. The rehabilitation of selected dis- the so-called law enforcement agencies of the ille- pensaries and water purification systems would gitimate regime. Georgia also appealed for the also be considered in 2001. resumption of dialogue between the sides.

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SECURITY COUNCIL ACTION (July) tions, and not as an attempt to impose or dictate any On 31 July [meeting 4353], the Security Council specific solution to the parties; unanimously adopted resolution 1364(2001), 5. Stresses the importance of early submission to based on a draft [S/2001/747] prepared in consulta- the parties of the paper as a starting point and signifi- tions among Council members. cant catalyst for negotiations on a comprehensive polit- ical settlement, and deeply regrets that the Special Rep- The Security Council, resentative of the Secretary-General has not been in a Recalling all its relevant resolutions, in particular position to do so; resolution 1339(2001) of 31January 2001, and the state- 6. Stresses also the need to accelerate work on the ments by its President of 21 March 2001 (S/PRST/ draft protocol on the return of the refugees to the Gali 2001/9) and 24 April 2001 (S/PRST/2001/12), region and measures for economic rehabilitation, as Having considered the report of the Secretary-General well as on the draft agreement on peace and guarantees of 19 July 2001, for the prevention and for the non-resumption of hos- Recalling the conclusions of the Lisbon and Istanbul tilities; summits of the Organization for Security and 7. Calls upon the parties, in particular the Abkhaz Cooperation in Europe regarding the situation in side, to undertake immediate efforts to move beyond Abkhazia, Georgia, the impasse and to engage into negotiations on the core Stressing that the continued lack of progress on key political questions of the conflict and all other out- issues of a comprehensive settlement of the conflict in standing issues in the United Nations–led peace pro- Abkhazia, Georgia, is unacceptable, cess; Deeply concerned by the interruption of negotiating 8. Welcomes the documents signed at the Yalta meet- activities following the killings and hostage-taking inci- ing on confidence-building measures in March 2001, dents in April and May 2001 in the district of Gali, on and urges the Georgian and Abkhaz sides to imple- 8 and 9 July 2001 in the Gulripshi area and again on 22 ment the proposals agreed in those documents in a pur- July 2001 in Primorsk, poseful and cooperative manner; Expressing its regrets at the cancellation of the thir- 9. Calls upon the parties to resume their work in the teenth session of the Coordinating Council of the Coordinating Council and its relevant mechanisms as Georgian and Abkhaz sides, initially scheduled for 17 soon as possible; July 2001, due to the withdrawal of the Abkhaz side 10. Urges the parties to work together, through following those incidents, more effective use of existing arrangements within the Recalling the relevant principles contained in the Coordinating Council mechanisms, in order to clarify Convention on the Safety of United Nations and Asso- the incidents of 8, 9 and 22 July 2001, bring about the ciated Personnel adopted on 9 December 1994, release of the hostages still being held and bring the Welcoming the important contributions that the perpetrators to justice; United Nations Observer Mission in Georgia and the 11. Reaffirms the unacceptability of the demo- collective peacekeeping force of the Commonwealth of graphic changes resulting from the conflict, and reaf- Independent States continue to make in stabilizing the firms also the inalienable right of all refugees and in- situation in the zone of conflict, noting that the work- ternally displaced persons affected by the conflict to ing relationship between the Mission and the collective return to their homes in secure and dignified condi- peacekeeping force has remained very close, and tions, in accordance with international law and as set stressing the importance of close cooperation between out in the Quadripartite Agreement of 4 April 1994; them in the performance of their respective mandates, 12. Further urges the parties, in this context, to ad- Noting the invitation of the Georgian Government dress urgently and in a concerted manner, as a first for the Security Council to dispatch a mission to the step, the undefined and insecure status of spontaneous region, returnees to the Gali district, which remains an issue of 1. Welcomes the report of the Secretary-General of serious concern; 19 July 2001; 13. Welcomes measures undertaken by the Govern- 2. Regrets the deterioration of the situation in the ment of Georgia, the United Nations Development zone of conflict due to the ongoing violence, hostage- Programme, the Office of the United Nations High taking incidents, the rise in criminality and the activi- Commissioner for Refugees, the Office for the ties of illegal armed groups in the conflict zone, which Coordination of Humanitarian Affairs and the World constitutes a constant threat to the peace process; Bank to improve the situation of refugees and inter- 3. Strongly supports the sustained efforts of the nally displaced persons to develop their skills and to in- Secretary-General and his Special Representative, with crease their self-reliance with full respect for their in- the assistance of the Russian Federation, in its capacity alienable right to return to their homes in secure and as facilitator, as well as of the Group of Friends of the dignified conditions; Secretary-General and of the Organization for Secu- 14 . Recalls with satisfaction the joint assessment mis- rity and Cooperation in Europe, to promote the stabili- sion to the Gali district, carried out under the aegis of zation of the situation and the achievement of a com- the United Nations, and looks forward to a discussion prehensive political settlement, which must include a by the parties of practical steps to implement the mis- settlement of the political status of Abkhazia within the sion’s recommendations; State of Georgia; 15. Deplores all violations of the Moscow Agreement 4. Recalls the intention of the Special Represen- of 14May 1994on a Ceasefire and Separation of Forces, tative to submit the draft paper on the question of the and notes with particular concern the military exer- distribution of constitutional competences between cises conducted by both parties in June and July 2001in Tbilisi and Sukhumi as a basis for meaningful negotia- violation of the Moscow Agreement;

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16. Expresses its concern at the disturbing tendency serted on numerous occasions that the separatist by the parties to restrict the freedom of movement of regime’s decisions regarding the utilization of the United Nations Observer Mission in Georgia, real estate or any other property in the territory thereby hindering the ability of the Mission to fulfil its mandate, urges both sides to return immediately to of Abkhazia were illegal and void. The scale of full compliance with the Moscow Agreement, which re- natural resources exploitation in Abkhazia vio- mains a cornerstone of the United Nations peace lated Georgia’s sovereign rights and caused seri- effort, and calls upon the parties to ensure the security ous damage to the environment. The felling of and freedom of movement of United Nations and certain varieties of trees and forests protected other international personnel; under Georgia’s endangered species list caused 17. Recalls that the Georgian and the Abkhaz sides irreversible damage to the entire region’s unique bear the primary responsibility for the security of the ecosystems. Georgia appealed to the interna- Mission, the collective peacekeeping force of the Com- monwealth of Independent States and other interna- tional community and the global environment tional personnel and for full compliance with all secu- society to take steps to halt the irresponsible ex- rity arrangements agreed between them to preclude ploitation of the natural resources in Abkhazia, any further aggravation of the situation, and urges Georgia. both parties to bring to justice the perpetrators of all Security Council consultations. Following in- hostage-taking incidents, particularly the abduction formal consultations on 8 October, the Security of two military observers of the Mission in the Kodori Valley on 10 December 2000; Council issued a press statement [S/2001/1298] 18. Reminds the Georgian side in particular to up- strongly condemning the shooting down on that hold its commitment to put a stop to the activities of date of a UNOMIG helicopter near the Kodori Val- illegal armed groups crossing into Abkhazia, Georgia, ley in Abkhazia, killing four UN observers, two from the Georgian-controlled side of the ceasefire line; local staff and three crew members. The Council 19 . Welcomes the fact that the Mission is keeping its offered its condolences to the bereaved families, security arrangements under constant review in order and called for a speedy investigation into the inci- to ensure the highest possible level of security for its dent and for bringing the perpetrators to justice. staff; It underlined the importance of keeping security 20. Decides to extend the mandate of the Mission for a new period terminating on 31 January 2002, subject arrangements under constant review to ensure to a review by the Council of the mandate of the Mis- the highest possible level of security for UNOMIG sion in the event of any changes that may be made in the personnel. It recalled that providing appropriate mandate or in the presence of the collective peace- security conditions for UNOMIG’s functioning at keeping force of the Commonwealth of Independent all times was the primary responsibility of both States, and expresses its intention to conduct a thor- sides, pursuant to relevant Council resolutions ough review of the operation at the end of its current and to their mutual obligations, including under mandate, in the light of steps taken by the parties to achieve a comprehensive settlement; the Yalta Declaration. 21. Requests the Secretary-General to continue to In further informal Council consultations on keep the Council regularly informed and to report 12 and 29 October, the Secretariat gave a briefing three months from the date of the adoption of the pres- on developments surrounding the incident. The ent resolution on the situation in Abkhazia, Georgia, remains of all nine victims had been recovered; and requests also the Secretary-General to provide for a UNOMIG had restricted movement in the region briefing within three months on the progress of the and drawn up preliminary staff relocation political settlement, including on the status of the draft paper his Special Representative intends to submit to plans should they be needed. The investigation the parties as referred to in paragraph 4 above; team, constituted on 14 October, was headed by 22. Decides to remain actively seized of the matter. Ukraine, the helicopter’s country of registration. Its preliminary findings suggested that the crash Communication. In a 16 July statement [S/2001/ had been caused by the impact of a surface-to-air 762], transmitted on 1 August, Georgia drew the missile fired from a portable launcher, probably international community’s attention to the in- by an armed infiltrator. creasingly dangerous scale of the illegal exploita- Report of Secretary-General (October). In an tion of natural resources and other properties in October report [S/2001/1008], the Secretary- the territory controlled by the separatist regime General said the UNOMIG helicopter shot down in Abkhazia, Georgia. It claimed that the Abkhaz on 8 October (see above) in the Gulripshi district separatist leadership continued, for the purpose of Abkhazia, Georgia, was on its way to resume of personal enrichment, to break up and plunder patrolling in the upper Kodori Valley. The inci- industrial and agricultural complexes and sell dent, he noted, marked a new low point in the them to foreign entities, and that it misappropri- situation in Georgia, which had been deteriorat- ated medical/resort facilities and adjacent terri- ing in the past six months, adding that both sides tories. The international community and the had contributed to the current deplorable state Government of Georgia had unequivocally as- of affairs. They had neglected essential political

YUN01—REPROS-cxs jUNE 19 2003 384 Political and security questions work within the mechanisms of the Geneva peace August, the Special Representative chaired an ex- process, particularly the Coordinating Council; traordinary ministerial meeting of both sides on disregarded the implementation of agreed proto- 14 August, during which the parties agreed to lo- cols; and failed to contain a situation with a clear cate, take into protective custody and return all potential for armed clashes. Since direct political abducted persons, and to combat illegal activities contacts between the two sides had been reduced in the security zone. The first hostages were re- to a minimum, the efforts of the Special Repre- leased two days later. The two sides increased sentative and the Chief Military Observer since their cooperation in the Joint Fact-finding mid-August had focused on crisis management Group, and participation by all parties in the rather than on the promotion of a political settle- Group’s investigations markedly improved. ment. The Special Representative was attempting On 18 and 19 August, clashes between armed through high-level political contacts with the two irregulars and Abkhaz security forces near the sides to re-establish dialogue between them and upper Kodori Valley, outside UNOMIG’s area of to revitalize existing negotiating mechanisms. responsibility, resulted in the death of four ir- In August, the Russian Federation presented regulars. According to local authorities in Tbi- new proposals for the draft paper on distribution lisi, the Abkhaz forces used two helicopters and a of competences between Tbilisi and Sukhumi jet aircraft in the fighting, leading to Georgian that suggested the inclusion of security guaran- accusations of Russian involvement. On 22 tees. Following a series of meetings between the August, the Abkhaz de facto “Prime Minister” Special Representative and the Group of Friends claimed that 700 armed irregulars were massed in New York, Moscow and Tbilisi, it was further on the Georgian side of the ceasefire line, in the suggested that security guarantees be dealt with northern part of UNOMIG’s area of responsibil- on a parallel track, based on the Yalta Declaration ity, poised to invade. The Abkhaz authorities re- (see p. 377). The Group of Friends had yet to sponded with a partial military mobilization. To reach agreement on the basic paper for negotia- defuse tensions, UNOMIG’s Chief Military Ob- tions on the future political status of Abkhazia server held meetings with top-level officials in within the State of Georgia. A 1 August letter Tbilisi and Sukhumi and received assurances from the Abkhaz de facto “Prime Minister” that Georgia would prevent armed groups from repeated the Abkhaz leadership’s refusal to par- crossing the ceasefire line. He further facilitated ticipate in any negotiations based on such a pa- a meeting between the Abkhaz de facto “Prime per, claiming “State-legal relations” between Minister” and the Georgian Minister of Special Abkhazia and Georgia had broken off when the Affairs on 24 August in Sukhumi, followed by di- Union of Soviet Socialist Republics was still in ex- rect telephone contact between the former and istence. Georgia’s President. The armed irregulars ap- The thirteenth session of the Coordinating peared to withdraw from their positions and the Council, rescheduled for 9 October in Tbilisi, Abkhaz authorities called off their partial mobil- was postponed for the third time by the Special ization. They also expressed readiness to return Representative due to insufficient political will to the Coordinating Council. on either side to engage in serious dialogue and Working Group I on security matters convened to an increasing tendency to hold the peace pro- on 11 September in Tbilisi, during which the cess hostage to political demands. The imple- parties reaffirmed their commitment to the mentation of agreed projects had almost come to 1994 Moscow Agreement and recommended a standstill, although some preparatory work that: UNOMIG and the CIS peacekeeping force within the framework of the Coordinating Coun- should resume regular patrols in the Kodori Val- cil continued (see below). ley; in the case of suspected summary execution On 18 October, the Abkhaz de facto “Prime during detention, UNOMIG medical personnel Minister” publicly suggested a closer association should be granted immediate access to conduct between Abkhazia and the Russian Federation. independent examination of the bodies; the Russian officials at the highest levels, however, Georgian side should report on criminal pro- reaffirmed their commitment to Georgia’s terri- ceedings against the persons handed over to torial integrity. Earlier, on 11 October, Georgia’s them on 11 May (see p. 381); both sides should Parliament adopted a resolution to replace the locate persons still missing according to the 14 CIS peacekeeping force with an international August protocol; and both sides should exchange peacekeeping mission without specifying its mo- written information about cases for investigation dalities. by the Joint Fact-finding Group during the Turning to UNOMIG’s operations, the weekly quadripartite meetings. Secretary-General reported that, following ab- The situation worsened anew in the second ductions and counter-abductions in July and week of September, when Georgian armed ir-

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 385 regulars, together with fighters from the North On 11 October, the Abkhaz side used artillery Caucasus of predominantly Chechen origin, and airpower to drive the irregulars out of the were in or near the Georgian-controlled upper lower valley, and, on 17October, the Abkhaz side Kodori Valley, as reported to UNOMIG by the was again reported to have used helicopters and Abkhaz side, at the same time that the Georgian planes extensively against retreating irregulars authorities informed of the movement of three about 10 kilometres from the border with the Abkhaz armoured vehicles to the Abkhaz- Russian Federation. The Georgian side again controlled lower Kodori Valley. A special voiced suspicion of Russian involvement. UNOMIG helicopter patrol confirmed the pres- The Special Representative met with Georgia’s ence of a field howitzer and two armoured per- President on 11October to urge him to meet with sonnel carriers at the Abkhaz checkpoint. At a the Abkhaz de facto “Prime Minister” to avoid UNOMIG-facilitated meeting on 28 September in larger-scale hostilities, but no response had been Tbilisi, Georgia’s President and the Abkhaz de received. The Georgian side was also urged not to facto “Prime Minister” agreed to take steps to send reinforcements or supplies into the area of avert new fighting in and around the Kodori Val- fighting. Since 9 October, UNOMIG’s Sukhumi ley. The Georgian side reportedly pledged to dis- headquarters and the Gali sector had been perse the armed irregulars; the Abkhaz side placed on high alert; operational patrolling from pledged restraint in dealing with those irregu- those sectors was suspended, but resumed on 18 lars, except in cases of criminal or unlawful ac- October after the fighting had largely ended. tivities, and appealed to the Group of Friends to Casualty estimates, in addition to civilians and help prevent new hostilities and provide security UN staff, put those killed at 60 armed elements guarantees as requested in the Yalta Declaration. and about 16 Abkhaz troops; taken prisoner by The Special Representative repeatedly urged Abkhaz forces were 10 irregulars. Georgian officials to provide the necessary secu- Levels of crime remained high in the zone of rity guarantees for the resumption of UNOMIG conflict, especially in lower Gali. In some areas patrols in the upper Kodori Valley. on the Abkhaz-controlled side of the ceasefire Despite those undertakings, armed irregulars line, joint patrolling by Abkhaz militia, local resi- attacked an Abkhaz checkpoint in the village of dents and the CIS peacekeeping force helped re- Georgievskoe in the Abkhaz-controlled lower Ko- duce the level of lawlessness, and joint patrolling dori Valley on 3 and 4 October. One Abkhaz sol- by Georgian police, local residents and the CIS dier and four civilians were killed, with five oth- peacekeeping force led to similar reductions on ers reported missing. The Special Representative the Georgian side. and the Chief Military Observer immediately Due to the fighting in the Kodori Valley area held a series of meetings with senior government and the volatile situation in Gali, many NGOs sus- officials in Tbilisi to halt the escalation of vio- pended their activities after 8 October. UNHCR lence. On 6 October, unknown irregulars at- expanded its school rehabilitation programme to tacked the Abkhaz security post in Tagiloni, near 22 schools in the Gali district, as well as three the ceasefire line; no casualties resulted. The as- schools in the Ochamchira district on a self-help sailants fled to the Georgian side of the ceasefire basis; however, it still could not operate in the line. more remote and dangerous areas, such as Pri- Following the 8 October shooting down of the morsk, where humanitarian needs were particu- UNOMIG helicopter, the Special Representative larly urgent and only UNOMIG patrols had access. travelled to Sukhumi to oversee rescue efforts Restrictions on border crossings continued to and to meet with the Abkhaz leadership. On hamper international NGOs, thus complicating 9 October, he urged the Abkhaz de facto “Prime the delivery of assistance and emergency evacua- Minister” to exercise restraint and not allow the tion planning. fighting to spread to the upper Kodori Valley. Widespread organized crime, lack of effective The Abkhaz leadership and Georgia’s President law enforcement and the continuing stalemate agreed to meet on the condition that the only regarding language policy in schools in the pre- issue to be addressed would be the de-escalation dominantly Georgian-speaking Gali district had and the end of the ongoing fighting. Meanwhile, adversely affected the return of displaced per- 12 local residents were killed in the village of sons to their homes. Reports of human rights vio- Naa in continued fighting. On 9 October, two lations included harassment on ethnic and reli- unidentified fighter aircraft attacked the villages gious grounds, violations of fair trial standards of Georgievskoe and Chiena in the Abkhaz- and arbitrary and illegal detentions. The United controlled lower Kodori Valley and, later, two Nations Human Rights Office handled individ- other aircraft bombed the village of Omarishara ual complaints and monitored court sessions and in the Georgian-controlled upper Kodori Valley. detention facilities.

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As a follow-up to the November 2000 joint as- basis for substantive negotiations on the future sessment mission to the Gali district [YUN 2000, status of Abkhazia within the State of Georgia. In p. 397], Georgian and Abkhaz representatives and preparation for those negotiations, the Special participants of the mission, on 24 September, ex- Representative held consultations in Sukhumi plored ways to implement the mission’s recom- and Tbilisi; the Special Envoy of the Russian Fed- mendations (see p. 380). Specific attention was eration also visited Sukhumi. At those consulta- given to progress in the return of displaced per- tions, the Abkhaz de facto “Prime Minister” re- sons to the Gali district, human rights, public se- jected any suggestion that Abkhazia was “within curity and language of instruction. The issue of the State of Georgia” and was not prepared to re- language was also taken up during a 20 Septem- ceive the letter transmitting the paper. ber joint visit to the Gali district by the Georgian A major stumbling block had been the deploy- and Abkhaz Ministers of Education. ment since October of Georgian troops in the Ko- In his observations, the Secretary-General re- dori Valley because of the fighting and bombard- minded both sides of their obligation to provide ments in the area. The Abkhaz side affirmed its for the safety and security of UN personnel and unwillingness to discuss any subject with the to make it their top priority, emphasizing that Georgian side as long as those forces remained. perpetrators of criminal acts targeted against The Special Representative repeatedly urged the UNOMIG had to be brought to justice. He noted Georgian side to withdraw its troops in compli- that the parties had neglected active work within ance with the 1994 Moscow Agreement; the the Geneva peace process mechanisms [YUN 1997, Group of Friends undertook a similar démarche p. 365] and warned that the cancellation on three on 14 December. occasions of the Coordinating Council’s thir- teenth session over the past six months, twice at In the wake of the October hostilities in the Ko- the Abkhaz side’s request, threatened to defeat dori Valley (see p. 385), contacts between the sides the purpose of that negotiating forum. Since the came practically to a standstill. No meetings with- mechanisms had been set up to serve the parties’ intheCoordinatingCouncilframeworkwereheld own security, especially in times of crises, he and no progress could be made on the implemen- urged their immediate return to full participa- tation of the recommendations of the 2000 joint assessment mission totheGali district.The lack of tion in the Coordinating Council and in all its movement was partly attributable to internal de- working groups. velopments on both sides. The dismissal of the The Secretary-General regretted the absence Georgian Government on 1 November effectively ofmeaningfulnegotiationsonthefuturepolitical immobilized the executive until mid-December. status of Abkhazia within the State of Georgia, as In Sukhumi, the Abkhaz leader was incapacitated well as on the issue of facilitating the safe, secure byillnessandthedefacto“PrimeMinister”faceda and dignified return of the refugees and inter- no-confidence vote in the Parliament on 31Octo- nally displaced persons to their homes. He noted ber, which he overcame by 28 votes to 7. that the promising Programme of Action on confidence-building measures had come to a UNOMIG continued regular patrolling in its standstill. In addition, he reminded the parties of area of responsibility, except in the Georgian- their obligation to comply with the Moscow controlled upper Kodori Valley, and, on 20 De- Agreement,theprotocolsagreedwithin theCoor- cember, with the CIS peacekeeping force, re- dinating Council framework and the commit- sumed joint ground patrols in the Abkhaz- ments made during the weekly quadripartite controlled lower Kodori Valley, which had been meetings. suspended owing to the October hostilities. Security Council consideration. On 30 Octo- The Abkhaz side took responsibility for the 27 ber, the Council held a private meeting [meeting to 31 October air raids on the Marukh pass, near 4400], during which the Special Representative, the Russian border, which had rendered the area the Minister of Special Affairs of Georgia and the relatively calm although unstable. On 10 Novem- representative of Belgium held a constructive ber, an Abkhaz official was killed and another se- discussion on the situation in Georgia. riously wounded in an attack on the Tagiloni cus- Further report of Secretary-General. In a later toms post on the Abkhaz side of the ceasefire report [S/2002/88], the Secretary-General stated line. On 17 November, an armed group am- that the Special Representative, in consultation bushed a CIS peacekeeping force patrol north- with the Group of Friends, was able to finalize in east of Zugdidi, injuring one soldier. On 29 De- mid-December the paper on the “Basic Princi- cember, an armed group attacked the head of ples for the Distribution of Competences be- Pirveli Gali administration, who returned fire, tween Tbilisi and Sukhumi”, which was to be pre- killing one of the assailants. On three occasions sented to the Georgian and Abkhaz parties as a in the second half of December, CIS peace-

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 387 keeping force checkpoints came under small Financing of the United Nations arms fire, injuring two soldiers. Observer Mission in Georgia As in the past, crime escalated in the Gali area The General Assembly, with the beginning of the mandarin harvest, Having considered the reports of the Secretary- highlighting the weakness of law enforcement General on the financing of the United Nations Ob- server Mission in Georgia and the related reports of the there. Abductions continued on both sides of the Advisory Committee on Administrative and Budgetary ceasefire line. Direct negotiations between Geor- Questions, gian and Abkhaz local authorities resulted in Recalling Security Council resolution 854(1993) of an exchange, on 15 and 31 December, of four 6 August 1993, by which the Council approved the de- Abkhaz and the remains of two for the remains of ployment of an advance team of up to ten United five Georgians. The Abkhaz side still held at least Nations military observers for a period of three months four civilians and five fighters taken prisoner in and the incorporation of the advance team into a October. United Nations observer mission if such a mission was formally established by the Council, Two mine incidents in the Gali region involv- Recalling also Security Council resolution 858(1993) ing local civilians, and two in the Kodori Valley of 24 August 1993, by which the Council decided to es- involving CIS patrols, led UNOMIG to suspend its tablish the United Nations Observer Mission in Geor- patrolling in those sites until mine searches were gia, and the subsequent resolutions by which the Coun- undertaken by the CIS patrols. Restrictions were cil extended the mandate of the Observer Mission, the also imposed in the Zugdidi sector following the latest of which was resolution 1339(2001) of 31 January discovery of two containers with radioactive ma- 2001, terials near Potskhoztseri at the end of Decem- Recalling further its decision 48/475 A of 23 Decem- ber 1993 on the financing of the Observer Mission and ber. subsequent resolutions and decisions thereon, the lat- UNHCR had almost completed the rehabilita- est of which was resolution 54/271 of 15 June 2000, tion of 24 schools in the Gali district and provided Reaffirming the general principles underlying the assistance to elderly displaced persons in Sukhumi. financing of United Nations peacekeeping operations, In November, the United Nations Development as stated by the General Assembly in its resolutions Programme (UNDP) and the German Govern- 1874(S-IV)of 27 June 1963, 3101(XXVIII) of 11Decem- ment signed an agreement whereby UNDP would ber 1973 and 55/235 of 23 December 2000, implement a telecommunications rehabilitation Noting with appreciation that voluntary contributions programme, which would serve displaced per- have been made to the Observer Mission, Mindful of the fact that it is essential to provide the sons and returnees on both sides of the ceasefire Observer Mission with the necessary financial re- line, extend links to Sukhumi and connect Tbilisi sources to enable it to fulfil its responsibilities under and the upper Kodori Valley. The Georgian and the relevant resolutions of the Security Council, Abkhaz sides jointly identified the programme 1. Takes note of the status of contributions to the needs under the auspices of Working Group III United Nations Observer Mission in Georgia as at 30 of the Coordinating Council on socio-economic April 2001, including the contributions outstanding in issues, for which the German Government the amount of 19.8million United States dollars, repre- granted an initial contribution of $150,000. senting 14 per cent of the total assessed contributions from the inception of the Observer Mission to the pe- From 12 to 16 December, the United Nations riod ending 30 June 2001, notes that some 16 per cent Human Rights Office in Abkhazia conducted a of the Member States have paid their assessed contribu- human rights training seminar for de facto tions in full, and urges all other Member States con- Abkhaz law enforcement agencies. Violation of cerned, in particular those in arrears, to ensure pay- the right to freedom of speech had been of seri- ment of their outstanding assessed contributions; ous concern, in particular a harassment cam- 2. Expresses its appreciation to those Member States paign against the editor of a weekly publication which have paid their assessed contributions in full; and members of her family. 3. Urges all other Member States to make every pos- sible effort to ensure payment of their assessed contri- butions to the Observer Mission in full and on time; Financing 4. Expresses concern at the delay experienced by the On 14 June [meeting 103], the General Assembly, Secretary-General in deploying and providing ade- having considered the Secretary-General’s re- quate resources to some recent peacekeeping missions, ports on UNOMIG’s financial performance for in particular those in Africa; the period 1 July 1999 to 30 June 2000 [A/55/682], 5. Emphasizes that all future and existing peace- the proposed budget for the Mission’s mainte- keeping missions shall be given equal and non- discriminatory treatment in respect of financial and nance from 1 July 2001 to 30 June 2002 [A/55/768] administrative arrangements; and ACABQ’s comments and recommendations 6. Also emphasizes that all peacekeeping missions thereon [A/55/874/Add.4], adopted without vote, shall be provided with adequate resources for the effec- on the recommendation of the Fifth Committee tive and efficient discharge of their respective man- [A/55/968], resolution 55/267 [agenda item 144]. dates;

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7. Reiterates its request to the Secretary-General to 5,996,479 dollars gross (5,775,479 dollars net) in make the fullest possible use of facilities and equip- respect of the period ending 30 June 2000, of which ment at the United Nations Logistics Base at Brindisi, 2,324,695 dollars gross (2,181,317 dollars net) pertains Italy, in order to minimize the costs of procurement for to the period from 1 to 31 July 2001 and 3,671,784 dol- the Observer Mission; lars gross (3,594,162 dollars net) pertains to the period 8. Endorses the conclusions and recommendations from 1 August 2001to 30 June 2002, in accordance with contained in the report of the Advisory Committee on the composition of groups as set out in paragraphs 3 Administrative and Budgetary Questions, and requests and 4 of General Assembly resolution 43/232 of 1 the Secretary-General to ensure their full implementa- March 1989 and adjusted by the Assembly in subse- tion; quent relevant resolutions and decisions for the ad hoc 9. Requests the Secretary-General to take all neces- apportionment of peacekeeping appropriations, the sary action to ensure that the Observer Mission is ad- latest of which were resolution 52/230 of 31 March ministered with a maximum of efficiency and econ- 1998 and decisions 54/456 to 54/458 of 23 December omy; 1999for the period 1998-2000, and taking into account 10. Also requests the Secretary-General, in order to the scale of assessments for the year 2000, as set out in reduce the cost of employing General Service staff, to its resolutions 52/215 A of 22 December 1997 and continue efforts to recruit local staff for the Observer 54/237 A of 23 December 1999; Mission against General Service posts, commensurate 17. Decides that, for Member States that have not ful- with the requirements of the Mission; filled their financial obligations to the Observer Mis- 11. Decides to appropriate to the Special Account for sion, their share of the unencumbered balance of the United Nations Observer Mission in Georgia the 5,996,479 dollars gross (5,775,479 dollars net) for the amount of 27,896,341 dollars gross (26,175,806 dollars period ending 30 June 2000, of which 2,324,695 dollars net) for the maintenance of the Observer Mission for gross (2,181,317dollars net) pertains to the period from the period from 1 July 2001 to 30 June 2002, inclusive 1 to 31 July 2001 and 3,671,784 dollars gross (3,594,162 of the amount of 816,452 dollars gross (716,517 dollars dollars net) pertains to the period from 1 August 2001 net) for the support account for peacekeeping opera- to 30 June 2002, shall be set off against their outstand- tions and the amount of 85,289 dollars gross (76,589 ing obligations in accordance with the scheme set out dollars net) for the United Nations Logistics Base; in paragraph 16 above; 12. Decides also to apportion among Member States 18. Emphasizes that no peacekeeping mission shall the amount of 2,324,695 dollars gross (2,181,317dollars be financed by borrowing funds from other active net) for the period from 1 to 31July 2001 in accordance peacekeeping missions; with the levels set out in General Assembly resolution 19 . Encourages the Secretary-General to continue to 55/235, as adjusted by the Assembly in its resolution take additional measures to ensure the safety and secu- 55/236 of 23 December 2000, and taking into account rity of all personnel under the auspices of the United the scale of assessments for the year 2001, as set out in Nations participating in the Observer Mission; its resolution 55/5 B of 23 December 2000; 20. Invites voluntary contributions to the Observer 13. Decides further that, in accordance with the provi- Mission in cash and in the form of services and supplies sions of its resolution 973(X) of 15 December 1955, acceptable to the Secretary-General, to be adminis- there shall be set off against the apportionment among tered, as appropriate, in accordance with the proce- Member States, as provided for in paragraph 12 above, dure and practices established by the General Assem- their respective share in the Tax Equalization Fund of bly; the estimated staff assessment income of 143,378 dol- 21. Decides to include in the provisional agenda of its lars approved for the Observer Mission for the period fifty-sixth session the item entitled “Financing of the from 1 to 31 July 2001; United Nations Observer Mission in Georgia”. 14 . Decides to apportion among Member States the amount of 25,571,646 dollars gross (23,994,489 dollars The Assembly decided, on 24 December, that net) for the period from 1 August 2001 to 30 June 2002, the item on UNOMIG financing would remain for at a monthly rate of 2,324,695 dollars gross (2,181,317 consideration at its resumed fifty-sixth (2002) dollars net), in accordance with paragraph 12 above, and taking into account the scale of assessments for the session (decision 56/464) and that the item years 2001 and 2002, as set out in General Assembly would be considered by the Fifth Committee at resolution 55/5 B, subject to the decision of the Secu- that session (decision 56/458). rity Council to extend the mandate of the Observer Also in December [A/56/721 & Corr.1], the Mission beyond 31 July 2001; Secretary-General submitted the UNOMIG finan- 15. Decides also that, in accordance with the provi- cial performance report for the period 1 July sions of its resolution 973(X), there shall be set off against the apportionment among Member States, as 2000 to 30 June 2001. provided for in paragraph 14 above, their respective share in the Tax Equalization Fund of the estimated Georgia–Russian Federation staff assessment income of 1,577,157 dollars approved On 29 October [S/2001/1022], Georgia claimed for the period from 1 August 2001 to 30 June 2002; violation of its airspace and bombing of its terri- 16. Decides further that, for Member States that have fulfilled their financial obligations to the Observer tory on 28 and 29 October by warplanes from the Mission, there shall be set off against the apportion- Russian Federation. Georgia’s repeated de- ment, as provided for in paragraphs 12 and 14 above, mands for an explanation and joint investigation their respective share of the unencumbered balance of into previous such violations had had no re-

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 389 sponse. It therefore appealed to the Security Council and the world community to assess the Armenia-Azerbaijan situation and take steps to prevent aggression against Georgia. On 15 November [A/56/633-S/2001/1085], the In 2001, Armenia and Azerbaijan were no Russian Federation noted that it had fulfilled the closer to reaching a settlement of the armed con- key obligations specified in its 17November 1999 flict between them, which had erupted in 1992 joint statement with Georgia concerning the mo- [YUN 1992, p. 388] over the Nagorny-Karabakh re- dalities for fulfilling the conditions laid down gion in Azerbaijan. The Minsk Group of OSCE in the adapted Treaty on Conventional Armed (France, the Russian Federation and the United Forces in Europe (CFE) and for regulating mili- States) continued efforts to advance the peace tary bilateral ties. The remaining Russian weap- process. In that context, the United States, one ons and equipment in Georgia subject to the CFE of the co-chairs of the Minsk Group, convened a Treatywere withdrawn before 31December 2000 meeting of the parties in Florida. Both sides or partially disposed of on the spot in conditions addressed communications to the Secretary- of transparency and under international moni- General during the year regarding developments toring. The disbandment and withdrawal of Rus- in the conflict. Nagorny Karabakh’s communica- sian military bases at Vaziani and Gudauta were tions were transmitted by Armenia. completed in November in accordance with bilat- Communications. On 4 April [A/56/62- eral Georgia–Russian Federation agreements. S/2001/334], Azerbaijan transmitted to the The departure of Russian military personnel Secretary-General a statement by its President, from the Gudauta base, located within the Heydar Aliyev, made at a meeting (Key West, Georgian-Abkhaz conflict area, was protested Florida, 3 April) with the United States Secretary by Abkhazia’s population, who considered their of State, Colin Powell, the Presidents of Armenia presence a security guarantee in times of armed and Azerbaijan and co-chairs of the Minsk conflict. The facilities left behind were currently Group. President Aliyev said it was the first time in use by the CIS peacekeeping force for its opera- the OSCE Minsk Group had convened with the tions, which were under UNOMIG monitoring. Presidents of Armenia and Azerbaijan and other Moscow and Tbilisi had yet to reach an agree- participants to discuss the question of the peace- ment regarding the Russian military bases at Ba- ful settlement of the Armenian-Azerbaijani tumi and Akhalkalaki and other military facili- Nagorny-Karabakh conflict. He hoped the meet- ties within Georgia; meanwhile, account should ing would play a positive role in resolving the 12- be taken of the considerable preparatory ar- year conflict. rangements to be made for the return of the serv- The President outlined the reasons preventing icemen at those bases to the Russian Federation. a settlement of the conflict, tracing its history Georgia reported further violations of its air- from 1921. He recalled the direct meetings be- space on 28 November [A/56/664-S/2001/1124] by tween the Presidents of Armenia and Azerbaijan two Russian military jets that overflew the Kodori that began in April 1999 on the initiative of the gorge, and, on the previous night, by six jets that United States in a search for mutually acceptable penetrated 50 kilometres into Georgia’s airspace, compromises, pointing out that, at the end of that bombing the territory adjacent to Birkani village, year, they were close to doing so. Armenia, how- in the Akmeta district, as well as by military heli- ever, reneged on the agreement reached. Unfor- copters that carried out several air strikes on tunately, as a result of those meetings, the co- Georgian territory near the Chechnya and In- chairs of the Minsk Group had adopted a wait- gushetia sections of the Georgia–Russian Federa- and-see position and had based their activities on tion border, including the outskirts of six villages the principle “What the Presidents agree upon in the area. Calling those violations undisguised will be acceptable to OSCE”. aggression, Georgia warned that, if not sup- Azerbaijan did not consider the Presidents’ pressed, they could exacerbate the instability in meetings as replacing the activities of the co- the Caucasus. It was imperative for the interna- chairs of the Minsk Group, but as mutually com- tional community to raise its voice against the vio- plementary to ensure progress in the negotia- lation of internationally accepted principles of tions towards a final settlement of the conflict. peaceful coexistence. It demanded that the Rus- Azerbaijan remained committed to peace and sian Federation cease its repeated acts of aggres- the observance of the 1994ceasefire regime [YUN sion against Georgia, which reserved its right to 1994,p. 577], and would continue to strive for a com- take adequate steps as provided by international plete and peaceful settlement of the conflict. law. The President called on the co-chairs of the

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Minsk Group to step up efforts to halt the armed act of political provocation and to support the conflict and establish stable peace. just cause of Azerbaijan. Azerbaijan also requested that the item “The situation relating to Nagorny Karabakh” be re- tained on the list of matters of which the Security Cyprus Council was seized [S/2001/422]. In response, the “Minister for Foreign Affairs of Nagorny Karabakh”, in a 30 April letter trans- mitted by Armenia [A/56/64-S/2001/431], sub- The year 2001 saw a significant breakthrough mitted a memorandum outlining Nagorny Kara- in UN efforts, through the Secretary-General’s bakh’s version of the region’s history in order to mission of good offices, in preparing the ground- prevent a one-sided interpretation of past events work for meaningful negotiations towards a com- and to establish an objective historical basis in the prehensive settlement of the Cyprus question. search for a settlement to the conflict. The “Re- For the first time, the President of Cyprus, Glaf- public of Nagorny Karabakh” had refrained cos Clerides, and the Turkish Cypriot leader, from discussing the problems of the past in the Rauf R. Denktas, agreed to begin direct talks belief that it was unproductive and that both sides without preconditions until a comprehensive set- should concentrate on building a peaceful and tlement was achieved. Those talks were sched- stable future for the region. uled to begin in January 2002 in Cyprus. On 16 May [A/56/75-S/2001/489], Azerbaijan re- The United Nations Peacekeeping Force in jected references to “Nagorny Karabakh” as a Cyprus (UNFICYP) continued to assist in the resto- country and any attempt to disseminate within ration of normal conditions and in humanitarian the United Nations the notion of Nagorny Kara- functions. No progress was made during the year bakh as an independent entity. Armenia’s circu- in removing the restrictions imposed in 2000 on lation of the memorandum above was testimony UNFICYP by the Turkish Cypriot authorities and to its direct participation in the conflict and to its Turkish forces. The Security Council twice ex- aggressive and annexationist plans towards Azer- tended the UNFICYP mandate, the second time baijan. until 15 June 2002. By a 31 August statement [S/2001/844], the By decision 55/491 of 7 September, the Gen- Chairman of the Milli Mejlis (Parliament) of Az- eral Assembly included in the draft agenda of its erbaijan reported that “elections” were to be held fifty-sixth (2001) session the item entitled “Ques- on 5 September for local self-government bodies tion of Cyprus”. On 24 December, by decision in the so-called “Nagorno-Karabakh Republic”. 56/464, it decided that the item would remain The “elections”, aimed at “legitimizing” the so- for consideration during its resumed fifty-sixth called “Nagorno-Karabakh Republic”, contra- (2002) session. dicted the principles and norms of international law, the Constitution and laws of Azerbaijan and Incidents commonly accepted moral norms and values; Communications. Throughout 2001, the they were null and void and had no legal conse- Secretary-General received numerous letters quences. It was another act of political provoca- from the Government of Cyprus and from the tion that would negatively affect the ongoing ne- Turkish Cypriot authorities containing charges gotiations on the peaceful settlement of the and countercharges, protests and accusations, Nagorny-Karabakh problem, in particular the and explanations of position regarding the ques- mediation efforts of the Minsk Group. tion of Cyprus. The letters from the “TurkishRe- The Chairman urged the international com- public of Northern Cyprus” were transmitted by munity not to remain indifferent to the fact that Turkey. the occupation forces in Nagorny Karabakh were In communications dated between 30 January flagrantly defying the sovereignty and territorial and 2 November, Cyprus alleged massive viola- integrity of the Republic of Azerbaijan. He tions of its national airspace and unauthorized called on the Parliamentary Assembly of the intrusions into Nicosia’s flight information re- Council of Europe, the Inter-Parliamentary gion by Turkish military aircraft, while those Union, the OSCE Parliamentary Assembly, the from the “Representative of the Turkish Repub- Parliamentary Assembly of the Black Sea Eco- lic of Northern Cyprus” claimed, in refutation, nomic Cooperation, the CIS Inter-Parliamentary the existence of two independent States in Cy- Assembly and the Parliamentary Union of the prus and that the flights took place within the Member States of the Organization of the Islamic sovereign airspace of the “Turkish Republic of Conference, as well as the European Parliament Northern Cyprus” [A/55/755-S/2001/96, A/55/776- and the North Atlantic Assembly,to condemn the S/2001/119, A/55/854-S/2001/272, A/55/893-S/2001/343,

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A/55/990-S/2001/599, A/55/1025-S/2001/765, A/55/476- negotiations towards a comprehensive settle- S/2001/972, A/55/525-S/2001/1044]. ment. In his May report on UNFICYP [S/2001/534], In other communications, Cyprus, on 13 Feb- the Secretary-General reported that Mr. de Soto ruary [A/55/782-S/2001/133], responding to a travelled to the island in January for meetings December 2000 letter from Turkey [A/55/715- with the two leaders, as well as to Greece and Tur- S/2000/1231], described events that had led to Secu- key. Mr. Denktas had asked that no date be set for rity Council resolution 186(1964) [YUN 1964, p. 165] proximity talks. However, the Special Adviser and affirmed the continued operation of the continued to consult with a number of Govern- 1960Constitution of Cyprus, subject to necessary ments and organizations and was proceeding temporary modifications. Cyprus also protested with preparations so as to be of assistance to the what it called the illegal visit of Turkey’s Minister parties when appropriate. for Foreign Affairs to the Turkish occupied areas The Secretary-General later reported that he of Cyprus between 16 and 18 April [A/55/909- had met with Mr. Denktas in Salzburg, Austria, S/2001/395]. on 28 August [S/2001/1122], while his Special Ad- The “Turkish Republic of Northern Cyprus” viser returned to Cyprus, remaining there from gave its own position on various aspects of the 29 August to 5 September. On 4 September, the Cyprus situation and drew attention to state- Special Adviser conveyed to Mr. Clerides and Mr. ments made by the representatives of what it Denktas the Secretary-General’s invitation to re- called the Greek Cypriot administration in sev- sume the search for a comprehensive settlement eral UN bodies, which it described as containing in a new and reinvigorated phase of his good of- misrepresentations [A/55/1004-S/2001/645, A/56/504- fices, beginning with separate meetings with the S/2001/1006, A/55/790-E/2001/6, A/55/865-S/2001/229, two leaders in New York on 12 September. That A/55/976-S/2001/548, A/55/987-S/2001/576, A/56/669- invitation was accepted by Mr. Clerides, but de- S/2001/1139, A/56/690-S/2001/1165, A/56/700-S/2001/ clined by Mr. Denktas. 1187, A/56/755-S/2001/1256]. Both sides also made Security Council consideration. On 26 Sep- claims and counterclaims regarding: the arrest tember [S/2001/976], the Security Council Presi- and sentencing of a Greek Cypriot, Panicos dent issued a press statement in which the Coun- Tsiakourmas, and the arrest of a Turkish cil expressed disappointment at the unjustified Cypriot, Omer Gazi Tekogul [A/55/737-S/2001/58, decision by the Turkish side to decline the A/55/895-S/2001/345, A/55/922-S/2001/427, A/55/932- Secretary-General’s invitation and reaffirmed S/2001/457, A/55/993-S/2001/628]; the issue of the ex- that progress could be made only at the nego- cavations at the archaeological site of Salamis tiating table. The Council encouraged the [A/55/1026-S/2001/778, A/55/1032-S/2001/853]; the 10 Secretary-General and his Special Adviser to con- October judgement in the case of Cyprus v. Turkey tinue their efforts in accordance with resolution by the European Court of Human Rights [A/55/986- 1250(1999) [YUN 1999, p. 388] and gave full support S/2001/575, A/55/1012-S/2001/678 & Corr.1, A/55/1030- to those efforts. It urged all concerned to cooper- S/2001/824]; and the application of Cyprus for ate with the Secretary-General and his Special membership in the EU [A/55/899-S/2001/356, Adviser and to show confidence in their judge- A/56/451-S/2001/953, A/56/669-S/2001/1186, A/56/723- ment. S/2001/1222]. On the last issue, the United King- Communications. Mr. Denktas, “President of dom, on 5 November [A/56/612-S/2001/1059], dis- the Turkish Republic of Northern Cyprus”, in a agreed with Turkey’s assertions that Cyprus’s ap- 10 September letter transmitted by Turkey on plication for EU membership was illegal and that 9 October [A/56/461-S/2001/959], informed the the United Kingdom was obliged by the terms of Secretary-General that he had declined to attend the 1960Treatyof Guarantee to veto that applica- the proposed New York talks because he consid- tion. ered them premature. He reiterated that the Greek Cypriot’s rejection of the Secretary- General’s 12 September 2000 statement [SG/SM/ Good offices mission 7546], setting out his understanding of the status of the parties to the negotiations, had left no Proximity talks common ground for engaging in meaningful The Secretary-General’s Special Adviser on talks. The treatment of the Greek Cypriot side by Cyprus, Alvaro de Soto, continued efforts during all concerned as the legitimate Government of 2001 to convene the sixth round of proximity Cyprus and frequent statements to the effect that, talks, scheduled for January, in Geneva, between “agreement or not”, Cyprus would be accepted as the two Cyprus parties, led by Cyprus President an EU member, left no will or wish on the part of Glafcos Clerides and Turkish Cypriot leader the Greek Cypriot leadership to share anything Rauf R. Denktas, to prepare for meaningful with the Turkish Cypriot side. Those develop-

YUN01—REPROS-cxs jUNE 19 2003 392 Political and security questions ments had undermined the chances of success of talks to be held in Cyprus in mid-January 2002 on the Secretary-General’s mission of good offices. UN premises, with no preconditions; all issues While convinced of the imperative to prepare the would be on the table; negotiations would con- ground for meaningful negotiations, Mr. Denk- tinue in good faith until a comprehensive settle- tas needed proof that the ground was really pre- ment was achieved; and nothing would be agreed pared so that the parties would not engage in yet until everything was agreed. In transmitting the another futile exercise. For those reasons, he was agreement to the Council, the Secretary-General insisting on “common ground” with respect to indicated that the talks would begin on 16 Janu- the objective (the establishment of a new partner- ary 2002. ship) and guiding principles (the equal status of The Council, in a 12 December press state- the parties and that neither could represent the ment by its President [SC/7237], welcomed the other or the whole of Cyprus) before starting a agreement reached by the two leaders to begin di- new phase of reinvigorated and meaningful ne- rect talks and other positive developments and gotiations. Thus, securing a commitment from hoped that progress would be achieved resulting the two parties that the purpose of the UN- in a comprehensive settlement. The Council gave facilitated talks was the establishment of a new its full support to the Secretary-General’s mis- partnership based on the equal status of both sion of good offices and encouraged him and his would prepare the ground for the proposed rein- Special Adviser to continue to be of assistance to vigorated phase of the talks. the parties. The EU, in a 23 October statement on Cyprus [S/2001/1017], supported the Council President’s Continuation of good offices mission 26 September statement (see p. 391), in particular The Secretary-General, on 31 May [S/2001/556], the disappointment expressed at the Turkish drew the Security Council’s attention to the fact side’s refusal to take part in the 12 September that efforts related to his mission of good offices meeting. It backed the Secretary-General’s in Cyprus would continue at least throughout efforts to resume, without preconditions, the 2001. In furtherance of that mission, his Special search for a comprehensive and lasting settle- Adviser would continue to be assisted by a small ment and called on all parties involved to cooper- team. He asked the Council President to alert ate in the process for achieving a political settle- Council members to the importance of continu- ment before the end of negotiations for the ing support for his efforts in discharging his mis- accession of Cyprus to the EU. sion. The Council took note of the Secretary- General’s letter on 5 June [S/2001/557]. Agreement on direct talks The Secretary-General, on 5 December [S/2001/ Turkey, on 14 November [A/56/622-S/2001/1077], 1182 ] , informed the Council that the efforts relat- transmitted a 12 November letter from Mr. Denk- ing to his mission would continue at least tas, enclosing a paper entitled “Objectives and throughout 2002, which the Council took note of basic parameters of a Cyprus settlement”, which on 12 December [S/2001/1183]. formed the basis of his position during the 28 August meeting with the Secretary-General (see p. 391). According to Mr. Denktas, those parame- UNFICYP ters were in line with the ideas and principles that The United Nations Peacekeeping Force in had emerged from the Secretary-General’s good Cyprus, established by Security Council resolu- offices mission and reflected the realities of the tion 186(1964) [YUN 1964, p. 165], continued in 2001 island, as well as the objective of establishing a to monitor the ceasefire lines between the Turk- new partnership between the two parties. ish and Turkish Cypriot forces on the northern The Secretary-General reported in November side and the Cypriot National Guard on the [S/2001/1122] that, following a proposal made di- southern side of the island; to maintain the mili- rectly to Mr. Clerides by Mr. Denktas for a face- tary status quo and prevent a recurrence of fight- to-face meeting without preconditions on the ing; and to undertake humanitarian and eco- island, the two agreed through an exchange of nomic activities. In the absence of a formal letters to meet on 4 December in the United ceasefire agreement, the military status quo, as Nations Protected Area, in the presence of the recorded by UNFICYP in 1974, remained the Special Adviser. standard by which the Force judged whether On 10 December [S/2001/1162], the Secretary- changes constituted violations of the status quo. General informed the Security Council that, at UNFICYP, under the overall authority of the the 4 December meeting, the two leaders agreed Acting Special Representative and Chief of Mis- that: the Secretary-General, in the exercise of his sion, Zbigniew Wlosowicz, continued to keep the good offices mission, would invite them to direct area between the ceasefire lines, known as the

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 393 buffer zone, under constant surveillance through Turkish Cypriot flags in several locations, in vio- a system of observation posts, and through air, lation of the agreement reached among the two vehicle and foot patrols. communities in the village and UNFICYP. During 2001, Alvaro de Soto continued as the UNFICYP assisted civilian activities in the Secretary-General’s Special Adviser on Cyprus. buffer zone, by, for example, facilitating work to On 6 December [S/2001/1184], the Secretary- improve the water supply to the north and escort- General informed the Council of his intention to ing farmers working on their land. In April, it appoint Major General Jin Ha Hwang (Republic also facilitated a visit by some 250 Greek Cypriots of Korea) as Force Commander, to succeed Major to a church in the buffer zone near Varisha, General Victory Rana (Nepal), whose tour of north-west of Lefka, to mark Saint George’s Day. duty would end on 15 December. The Council UNDP, through the United Nations Office for noted that intended appointment on 12 Decem- Project Services (UNOPS), continued to imple- ber [S/2001/1185]. ment its programme to promote good will by As at 31 December, UNFICYP, under the com- encouraging Greek and TurkishCypriots to work mand of Major General Jin Ha Hwang, com- together in preparing and implementing proj- prised 1,196 troops and 35 civilian police. ects of mutual concern, notably in public health, environment, sanitation, water, urban renova- Activities tion, preservation of cultural heritage, natural Report of Secretary-General (May). The resources and education. Secretary-General, in his report covering devel- The Secretary-General remarked that the con- opments and UNFICYP activities from 28 Novem- ditions under which UNFICYP operated re- ber 2000 to 29 May 2001 [S/2001/534], said that, ex- mained difficult owing to the restrictions im- cept for a few minor incidents, the situation along posed on it by the Turkish Cypriot authorities the ceasefire line remained calm. Air violations and Turkish forces. He considered the presence in the UN buffer zone had decreased from 47 of UNFICYP essential for the maintenance of the during the last reporting period [YUN 2000, p. 404] ceasefire on the island and recommended that to 33. Since December 2000, the National Guard the Council extend its mandate for a further six had developed two major defensive works on its months, until 15 December 2001. ceasefire line just outside the UN buffer zone near Pyla. In response, the Turkish forces con- Communications. In letters to the Secretary- structed two berms and dug 120 metres of a new General between February and June, the Govern- trench between existing positions at a Turkish ment of Cyprus, representatives of the “Turkish forces post. Despite repeated UNFICYP demands, Republic of Northern Cyprus” and Turkey con- the Turkishforces had refused to return that post tinued to debate the legal necessity for approval to the status quo ante and had recently added a by both sides of the extension of UNFICYP’s barbed wire fence to the north of that position. mandate [A/55/784-S/2001/136, A/55/866-S/2001/307, Reinforced concrete firing positions were also A/55/949-S/2001/507, A/55/970-S/2001/541, A/55/1003- being installed along much of the National S/2001/644]. Guard ceasefire line. Crossings of the maritime security lines (the SECURITY COUNCIL ACTION seaward extensions of the median line of the On 15 June [meeting 4328], the Security Council buffer zone) continued as well. Restrictions im- unanimously adopted resolution 1354(2001). posed on UNFICYP by Turkish Cypriot authori- The draft [S/2001/581] was prepared in consulta- ties and Turkish forces in 2000 [ibid.] remained in tions among Council members. force, including violation of the military status quo by the Turkish forces/Turkish Cypriot secu- The Security Council, rity forces in the village of Strovilia. Restrictions Welcoming the report of the Secretary-General of 30 imposed along the Famagusta-Dherinia road May 2001 on the United Nations operation in Cyprus, in particular the call to the parties to assess and address continued to prevent UNFICYP from monitoring the humanitarian issue of missing persons with due the whole of the fenced area of Varosha, limiting urgency and seriousness, UNFICYP’s observation to areas visible from static Noting that the Government of Cyprus has agreed observation posts and from a short patrol route that in view of the prevailing conditions in the island it well away from the fence. Within Varosha, Turk- is necessary to keep the United Nations Peacekeeping ish forces continued renovations of some build- Force in Cyprus beyond 15 June 2001, ings and flew flags on one of them in violation of Welcoming and encouraging efforts by the United the military status quo. Some tension developed Nations to sensitize peacekeeping personnel in the pre- in April in the mixed village of Pyla in the buffer vention and control of HIV/AIDS and other communi- zone as a result of the raising of Turkish and cable diseases in all its peacekeeping operations,

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1. Reaffirms all its relevant resolutions on Cyprus, in Greek and Turkish Cypriot village leaders on particular resolutions 1251(1999) of 29 June 1999 and road safety measures. subsequent resolutions; Efforts continued in overcoming obstacles to 2. Decides to extend the mandate of the United Nations Peacekeeping Force in Cyprus for a further pe- enable the Committee on Missing Persons to re- riod ending 15 December 2001; sume its activities, including specific proposals 3. Requests the Secretary-General to submit a re- by the leaders of both sides concerning the Com- port, by 1 December 2001, on the implementation of mittee’s work. Meanwhile, the Government of the present resolution; Cyprus continued to implement its unilateral 4. Urges the Turkish Cypriot side and Turkish programme of exhumation and identification of forces to rescind the restrictions imposed on 30 June human remains. 2000 on the operations of the United Nations Peace- keeping Force in Cyprus, and to restore the military The Secretary-General recommended that the status quo ante at Strovilia; Council extend the UNFICYP mandate for a fur- 5. Decides to remain actively seized of the matter. ther six months, until 15 June 2002.

Report of Secretary-General (November). In SECURITY COUNCIL ACTION November [S/2001/1122], the Secretary-General re- On 14 December [meeting 4436], the Security ported fewer incidents along the ceasefire lines. Council unanimously adopted resolution 1384 However, the restrictions imposed on UNFICYP (2001). The draft [S/2001/1190] was prepared in operations continued, including the violation of consultations among Council members. the military status quo in Strovilia. Patrols to The Security Council, Varosha, which were prevented under those re- Welcoming the report of the Secretary-General of 30 strictions, resumed in September but under es- November 2001 on the United Nations operation in cort by Turkish Cypriot security forces. The Cyprus, in particular the call to the parties to assess and number of air violations remained about the address the humanitarian issue of missing persons same, and crossings of the maritime security with due urgency and seriousness, lines totalled about 250 crossings by Turkish Noting that the Government of Cyprus has agreed forces of the western line and some 3,000 in the that in view of the prevailing conditions in the island it east near Famagusta from the south. Incursions is necessary to keep the United Nations Peacekeeping in the buffer zone by Greek Cypriot hunters in- Force in Cyprus beyond 15 December 2001, Welcoming and encouraging efforts by the United creased significantly in November with the be- Nations to sensitize peacekeeping personnel in the pre- ginning of the winter hunting season. vention and control of HIV/AIDS and other communi- The National Guard continued to develop and cable diseases in all its peacekeeping operations, strengthen the two defensive positions (see 1. Reaffirms all its relevant resolutions on Cyprus, in p. 393) just outside the buffer zone south of Pyla, particular resolution 1251(1999) of 29 June 1999 and reportedly to compensate for the minefield link- subsequent resolutions; ing the two positions, which was being demined. 2. Decides to extend the mandate of the United The Turkish forces, for their part, reinforced Nations Peacekeeping Force in Cyprus for a further their observation post adjacent to Pyla. period ending on 15 June 2002; 3. Requests the Secretary-General to submit a re- UNFICYP helped to facilitate monthly meet- port, by 1 June 2002, on the implementation of the ings of political party representatives from both present resolution; sides, media gatherings, music rehearsals and a 4. Urges the Turkish Cypriot side and Turkish business forum at Ledra Palace. It continued its forces to rescind the restrictions imposed on 30 June humanitarian support to 427 Greek Cypriots and 2000 on the operations of the United Nations Peace- 165 Maronites in the northern part of the island keeping Force in Cyprus, and to restore the military and those Turkish Cypriots in the southern part status quo ante at Strovilia; who had made themselves known to UNFICYP.It 5. Decides to remain actively seized of the matter. also facilitated the rotation of teachers at the Greek elementary school in Rizokarpaso in the Financing Karpas peninsula. UNFICYP support of civilian On 14 June [meeting 103], the General Assembly, activities in the buffer zone continued, including having considered the Secretary-General’s re- farming, liaison with local representatives to port on UNFICYP’s financial performance for the solve water problems, coordinating maintenance period 1 July 1999 to 30 June 2000 [A/55/739], the work on utilities, extending the Klimos river wall proposed budget for UNFICYP’s maintenance for in Sector 2 to prevent flooding and reconstruc- the period 1 July 2001 to 30 June 2002 [A/55/788] tion of a 73-bed hospital in Paralimni in Sector 4. and ACABQ’s comments and recommendations UNFICYP also designated land in the buffer zone thereon [A/55/874/Add.3], adopted, on the recom- west of Nicosia for civilian use, mainly for hous- mendation of the Fifth Committee [A/55/969], ing. In Pyla, it brokered an agreement between resolution 55/266 without vote [agenda item 143].

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Financing of the United Nations tive and efficient discharge of their respective man- Peacekeeping Force in Cyprus dates; 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, by which the Council established the Administrative and Budgetary Questions, and requests United Nations Peacekeeping Force in Cyprus, and the the Secretary-General to ensure their full implementa- subsequent resolutions by which the Council extended tion; the mandate of the Force, the latest of which was reso- 10. Requests the Secretary-General to take all neces- lution 1331(2000) of 13 December 2000, sary action to ensure that the Force is administered Recalling also its resolution 54/270 of 15 June 2000 with a maximum of efficiency and economy; on the financing of the Force, 11. Also requests the Secretary-General, in order to Reaffirming the general principles underlying the reduce the cost of employing General Service staff, to financing of United Nations peacekeeping operations continue efforts to recruit local staff for the Force as stated in General Assembly resolutions 1874(S-IV)of against General Service posts, commensurate with the 27 June 1963, 3101(XXVIII) of 11 December 1973 and requirements of the Force; 55/235 of 23 December 2000, 12. Decides to appropriate to the Special Account for Noting with appreciation that voluntary contributions the United Nations Peacekeeping Force in Cyprus the have been made to the Force by certain Governments, amount of 42,389,220 dollars gross (40,697,146 dollars Noting that voluntary contributions were insufficient net) for the maintenance of the Force for the period to cover all the costs of the Force, including those in- from 1 July 2001 to 30 June 2002, inclusive of the curred by troop-contributing Governments prior to 16 amount of 1,240,621 dollars gross (1,088,767 dollars June 1993, and regretting the absence of an adequate net) for the support account for peacekeeping opera- response to appeals for voluntary contributions, in- tions and the amount of 129,599 dollars gross (116,379 cluding that contained in the letter dated 17 May 1994 dollars net) for the United Nations Logistics Base, from the Secretary-General to all Member States, a one-third share of this amount, equivalent to 13,565,715 dollars, to be funded through voluntary Mindful of the fact that it is essential to provide the contributions from the Government of Cyprus, and an Force with the necessary financial resources to enable amount of 6.5 million dollars from the Government of it to fulfil its responsibilities under the relevant resolu- Greece, subject to the review by the Security Council tions of the Security Council, with regard to the question of termination or continua- 1. Takes note of the status of contributions to the tion of the Force; United Nations Peacekeeping Force in Cyprus as of 30 13. Decides also, taking into consideration the fund- April 2001, including the contributions outstanding in ing through voluntary contributions from the Govern- the amount of 20.3 million United States dollars, rep- ment of Cyprus of a one-third share of the cost of the resenting some 10.7 per cent of the total assessed con- Force, equivalent to 13,565,715 dollars, and of 6.5 mil- tributions from 16 June 1993 to the period ending 15 lion dollars from the Government of Greece, to appor- June 2001, notes that some 15.3per cent of the Member tion among Member States the amount of 22,323,505 States have paid their assessed contributions in full, dollars gross (20,631,431 dollars net), the said amount and urges all other Member States concerned, in par- to be apportioned at a monthly rate of 1,860,292 dol- ticular those in arrears, to ensure payment of their out- lars gross (1,719,286 dollars net) in accordance with the standing assessed contributions; levels set out in General Assembly resolution 55/235, as 2. Expresses concern about the financial situation adjusted by the Assembly in its resolution 55/236 of 23 with regard to peacekeeping activities, in particular as December 2000, and taking into account the scale of as- regards the reimbursements to troop contributors that sessments for the years 2001 and 2002, as set out in its bear additional burdens owing to overdue payments by resolution 55/5 B of 23 December 2000, subject to the Member States of their assessments; review by the Security Council with regard to the ques- 3. Expresses its appreciation to those Member States tion of termination or continuation of the Force; which have paid their assessed contributions in full; 14 . Decides further that, in accordance with the provi- 4. Urges all other Member States to make every pos- sions of its resolution 973(X) of 15 December 1955, sible effort to ensure payment of their assessed contri- there shall be set off against the apportionment among butions to the Force in full and on time; Member States, as provided for in paragraph 13 above, 5. Expresses concern at the delay experienced by the their respective share in the Tax Equalization Fund of Secretary-General in deploying and providing ade- the estimated staff assessment income of 1,692,074dol- quate resources to some recent peacekeeping missions, lars approved for the Force for the period from 1 July in particular those in Africa; 2001 to 30 June 2002; 6. Emphasizes that all future and existing peace- 15. Decides that, taking into consideration the fund- keeping missions shall be given equal and non- ing through voluntary contributions from the Govern- discriminatory treatment in respect of financial and ment of Cyprus of a one-third share of the cost of the administrative arrangements; Force, equivalent to 14,630,809 dollars, and of 6.5 mil- 7. Also emphasizes that all peacekeeping missions lion dollars from the Government of Greece, for Mem- shall be provided with adequate resources for the effec- ber States that have fulfilled their financial obligations

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to the Force, there shall be set off against the apportion- submitted a June report [A/56/125] describing ment, as provided for in paragraph 13 above, their cooperation between the United Nations and the respective share of the amount of 280,800 dollars gross Organization for Security and Cooperation in (261,400 dollars net) of the unencumbered balance of 523,400 dollars gross (504,000 dollars net) in respect of Europe (OSCE). the period ending 30 June 2000, in accordance with the During the year, a number of meetings took compositions of groups set out in paragraphs 3 and 4 of place between the United Nations and OSCE,in- General Assembly resolution 43/232 of 1 March 1989, cluding attendance by the OSCE Secretary- as adjusted by the Assembly in its subsequent relevant General at the fourth high-level meeting with resolutions and decisions for the ad hoc apportion- heads of regional organizations in February on ment of peacekeeping appropriations, the latest of “Cooperation for peace-building” (see p. 56) and which were resolution 52/230 of 31March 1998and de- cisions 54/456 to 54/458 of 23 December 1999 for the participation in the annual high-level tripartite period 1998-2000, and taking into account the scale of meeting of the United Nations, OSCE and the assessments for the year 2000, as set out in its resolu- Council of Europe (Vienna, February) on the tions 52/215A of 22 December 1997 and 54/237 A of 23 subject of good governance. December 1999; The United Nations and OSCE continued 16. Decides also that, for Member States that have not to practise a division of labour based on their fulfilled their financial obligations to the Force, their share of the unencumbered balance of 280,800 dollars comparative advantages: the United Nations re- gross (261,400 dollars net) in respect of the period end- tained the lead in Abkhazia, Georgia, and in ing 30 June 2000 shall be set off against their outstand- Tajikistan; OSCE had the lead in the Republic of ing obligations in accordance with the scheme set out Moldova, South Ossetia, Georgia, and in the in paragraph 15 above; resolution of the conflict in and around the 17. Decides further that 168,000 dollars shall be re- Nagorny-Karabakh region of Azerbaijan. Spe- turned to the Government of Cyprus and 74,600 dol- cific efforts were also made to improve consulta- lars shall be returned to the Government of Greece; tion and cooperation in the field and between the 18. Decides to continue to maintain as separate the account established for the Force for the period prior to respective headquarters, resulting in enhanced 16 June 1993, invites Member States to make voluntary coordination aimed at making better use of inter- contributions to that account, and requests the national resources in the interests of the coun- Secretary-General to continue his efforts in appealing tries being assisted. The report listed specific for voluntary contributions to the account; cooperation activities by UN departments and 19 . Emphasizes that no peacekeeping mission shall programmes. be financed by borrowing funds from other active peacekeeping missions; GENERAL ASSEMBLY ACTION 20. Encourages the Secretary-General to continue to take additional measures to ensure the safety and secu- On 21 December [meeting 91], the General As- rity of all personnel under the auspices of the United sembly adopted resolution 56/216 [draft: A/56/ Nations participating in the Force; L.66 & Add.1] by recorded vote (123-0-4) [agenda item 21. Invites voluntary contributions to the Force in 21 (i)]. cash and in the form of services and supplies accepta- ble to the Secretary-General, to be administered, as Cooperation between the United Nations appropriate, in accordance with the procedures and and the Organization for Security and practices established by the General Assembly; Cooperation in Europe 22. Decides to include in the provisional agenda of The General Assembly, its fifty-sixth session the item entitled “Financing of Recalling the framework for cooperation and co- the United Nations Peacekeeping Force in Cyprus”. ordination between the United Nations and the Con- ference on Security and Cooperation in Europe, which On 24 December, the Assembly decided that was signed on 26 May 1993, as well as its resolutions on the item on UNFICYP’s financing would remain cooperation between the two organizations, for consideration at its resumed fifty-sixth (2002) Recalling also the principles embodied in the Hel- session (decision 56/464) and that the Fifth sinki Final Act and in the declaration at the 1992 Hel- Committee would continue consideration of the sinki Summit by the heads of State or Government of the participating States of the Conference on Security item at that session (decision 56/458). and Cooperation in Europe of their understanding that the Conference is a regional arrangement in the sense of Chapter VIII of the Charter of the United Nations and as such provides an important link Other issues between European and global security, Acknowledging the increasing contribution of the Organization for Security and Cooperation in Europe Cooperation with OSCE to the establishment and maintenance of international peace and security in its region through activities in In response to General Assembly resolution early warning and preventive diplomacy, including 55/179 [YUN 2000, p. 408], the Secretary-General through the activities of the High Commissioner on

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National Minorities, crisis management and post- Charter of the United Nations, and to become parties conflict rehabilitation, as well as arms control and dis- to all twelve United Nations conventions and protocols armament, related to terrorism as soon as possible; Recalling the Charter for European Security adopted 7. Notes the review of the structures of the Organi- at the Summit in Istanbul, Turkey, in November 1999, zation for Security and Cooperation in Europe, under- which reaffirms the Organization for Security and taken at the initiative of the Romanian Chairmanship, Cooperation in Europe as a primary organization for with the goal of strengthening its efficiency, and the the peaceful settlement of disputes within its region adoption of decisions to foster its role as a forum for and as a key instrument for early warning, conflict pre- political dialogue on issues of security and cooperation vention, crisis management and post-conflict rehabili- in Europe which promotes a more effective use of the tation, means and mechanisms of the Organization for Secu- Recalling also the special ties between the Organiza- rity and Cooperation in Europe to counter threats and tion for Security and Cooperation in Europe and the challenges to security and stability in its region; Mediterranean Partners for Cooperation, as well as be- 8. Welcomes the decisions to strengthen cooperation tween that organization and the Asian Partners for in the economic and environmental sphere and to en- Cooperation, Japan, the Republic of Korea and Thai- hance the role of the Organization for Security and land, which have been enhanced further in 2001, Cooperation in Europe in police-related activities; Underlining the continued importance of enhanced 9. Also welcomes the documents of the Ministerial cooperation and coordination between the United Council meeting in Bucharest on enhancing the effec- Nations and the Organization for Security and tiveness of the human dimension meetings of the Or- Cooperation in Europe, ganization for Security and Cooperation in Europe, 1. Welcomes the report of the Secretary-General; promoting tolerance and non-discrimination, combat- 2. Notes with appreciation the further improvement ing trafficking in human beings, improving the situa- of cooperation and coordination between the United tion of Roma and Sinti, and on promoting equal op- Nations and its agencies and the Organization for Se- portunities for women and men and the continued curity and Cooperation in Europe, including at the close cooperation between the Organization for Secu- level of activities in the field; rity and Cooperation in Europe, the Office of the 3. Welcomes, in this context, the meetings of the United Nations High Commissioner for Refugees and Secretary-General of the United Nations with the the Office of the United Nations High Commissioner Chairman-in-Office and the Secretary-General of the for Human Rights; Organization for Security and Cooperation in Europe, 10. Notes with appreciation the active involvement of the participation of the Chairman-in-Office at a meet- the Organization for Security and Cooperation in ing of the Security Council in January 2001, the partici- Europe in Albania, Bosnia and Herzegovina, Croatia, pation of the Director-General of the United Nations the Federal Republic of Yugoslavia and the former Office at Geneva in a meeting of the Ministerial Coun- Yugoslav Republic of Macedonia and its commitment cil of the Organization for Security and Cooperation in to continue to contribute substantially to conflict pre- Europe, which was held in Bucharest on 3 and 4 De- vention, crisis management, and post-conflict stabiliza- cember 2001, and the participation of high-level tion in the region, thereby fostering peace and stability United Nations representatives in meetings of the Or- in the area; ganization for Security and Cooperation in Europe; 11. Welcomes the establishment and the work of the 4. Encourages further efforts of the Organization Mission of the Organization for Security and for Security and Cooperation in Europe to foster secu- Cooperation in Europe to the Federal Republic of rity and stability in its region through early warning, Yugoslavia to assist further progress in the consolida- conflict prevention, crisis management and post- tion of democracy, the strengthening of the rule of law conflict rehabilitation, as well as through continued and respect for human rights and fundamental free- promotion of democracy, the rule of law, human rights doms, including the rights of persons belonging to and fundamental freedoms; national minorities; 5. Welcomes the documents of the meeting of the 12. Expresses its appreciation for the contribution by Ministerial Council in Bucharest confirming the deter- the Organization for Security and Cooperation in mination of the participating States of the Organiza- Europe to implementing Security Council resolution tion for Security and Cooperation in Europe to 1244(1999) of 10 June 1999, in particular for its sub- strengthen and deepen their cooperation with a view to stantial role in the preparation and organization of the protecting their citizens from new challenges to their Kosovo-wide election on 17 November 2001, in view of security while safeguarding the rule of law, individual the consolidation of stability and prosperity in Kosovo, liberties and the right to equal justice under the law; Federal Republic of Yugoslavia, on the basis of sub- 6. Commends the adoption of the decision and Ac- stantial autonomy,respecting the sovereignty and terri- tion Plan on Terrorism, whereby participating States torial integrity of the Federal Republic of Yugoslavia, pledged to reinforce and develop bilateral and multi- pending a final settlement, in accordance with resolu- lateral cooperation among themselves, with the United tion 1244(1999); Nations and with other international and regional or- 13. Salutes the commitment of participating States ganizations in order to combat terrorism in all its forms of the Organization for Security and Cooperation in and manifestations, wherever and by whomever com- Europe to the sovereignty, territorial integrity and uni- mitted, to contribute to the fulfilment of international tary character of the former Yugoslav Republic of obligations as enshrined, inter alia, in Security Council Macedonia and their offer to assist and support resolution 1373(2001) of 28 September 2001, to act in strongly the full and timely implementation of the conformity with the purposes and principles of the Framework Agreement concluded on 13 August 2001,

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including the programmes on police training and 20. Notes with satisfaction the engagement of the Or- reform, media and inter-ethnic relations; ganization for Security and Cooperation in Europe to- 14 . Supports the priorities of the work of the Organi- wards cooperation with the five participating States of zation for Security and Cooperation in Europe for the Central Asia, which has continued to grow in all dimen- continuous development of civil society and for in- sions, thus contributing to stability and prosperity in creasing local ownership of the reform process in Bos- the region, as well as the commitment of the Organiza- nia and Herzegovina; tion for Security and Cooperation in Europe to assist in 15. Commends the efforts to improve the addressing specific threats to stability and security for coordination and efficiency of international engage- the Central Asian participating States, and appreciates ment in the field of civilian implementation of the Day- the valuable contribution of the Bishkek International ton/Paris peace accords, as well as a timely decision on Conference on enhancing security and stability in Cen- the best options for the succession of the United tral Asia, held on 13 and 14December 2001, to address- Nations International Police Task Force to allow for a ing those problems, which are shared concerns among smooth and comprehensive transition; the participating States of the Organization for Secu- 16. Underlines the importance of regional co- rity and Cooperation in Europe; operation as a means of fostering good-neighbourly re- 21. Fully supports the activities of the Organization lations, stability and economic development, welcomes for Security and Cooperation in Europe to achieve a the implementation of the Stability Pact for South- peaceful solution to the conflict in and around the Eastern Europe under the auspices of the Organization Nagorny-Karabakh region of the Republic of Azerbai- for Security and Cooperation in Europe as an im- jan, and welcomes cooperation between the United portant long-term and comprehensive initiative to Nations and the Organization for Security and promote good-neighbourly relations, stability and Cooperation in Europe in this regard; economic development, and also welcomes the 22. Expresses deep concern at the failure to achieve a commitment of participating States of the Organiza- settlement of the Nagorny-Karabakh conflict despite tion for Security and Cooperation in Europe to contrib- the intensified dialogue between the parties and the ac- ute further to the goals of the Stability Pact; tive support of the Co-Chairmen of the Minsk Group 17. Notes the efforts undertaken in 2001 by the Re- of the Organization for Security and Cooperation in public of Moldova and the mediators of the Organiza- Europe, reaffirms that the prompt resolution of that tion for Security and Cooperation in Europe, the Rus- protracted conflict will contribute to lasting peace, se- sian Federation and Ukraine towards negotiation for a curity, stability and cooperation in the South Caucasus comprehensive political settlement of the Transdnies- region, reiterates the importance of continuing the trian issue, based on full respect of the sovereignty and peace dialogue, calls upon the sides to continue their territorial integrity of the Republic of Moldova, wel- efforts to achieve an early resolution of the conflict comes the fulfilment by the Russian Federation, ahead based on the norms and principles of international law, of the agreed time, of the commitments undertaken at encourages the parties to explore further measures the summit of the Organization for Security and that would enhance mutual confidence and trust, in- Cooperation in Europe held in Istanbul, Turkey, in cluding the release of prisoners of war, welcomes the 1999 on the withdrawal and disposal of the equipment commitment of the parties to the ceasefire and to limited by the Treatyon Conventional Armed Forces in achieving a peaceful and comprehensive settlement, Europe located in the Transdniestrian region of the and encourages the parties to continue their efforts, Republic of Moldova by the end of 2001, and encour- with the active support of the Co-Chairmen, to reach a ages the timely fulfilment of other commitments con- just and enduring settlement; cerning the Republic of Moldova undertaken by the 23. Decides to include in the provisional agenda of participating States of the Organization for Security its fifty-seventh session the item entitled “Cooperation and Cooperation in Europe in Istanbul in 1999; between the United Nations and the Organization for 18. Welcomes the developments in the peace process Security and Cooperation in Europe”, and requests the in the Tshkhinvali region/South Ossetia, Georgia, and Secretary-General to submit to the General Assembly the steps to reduce the quantities of small arms and at its fifty-seventh session a report on cooperation be- light weapons in that region, as well as the progress tween the United Nations and the Organization for Se- made in 2001 towards meeting the commitments made curity and Cooperation in Europe in implementation in Istanbul on the future of Russian forces in Georgia, of the present resolution. including the closure of the Russian base at Vaziani RECORDED VOTE ON RESOLUTION 56/216: and the withdrawal of the equipment from the Russian In favour: Albania, Algeria, Andorra, Argentina, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Belgium, Benin, Bhutan, Bolivia, Bosnia base at Gudauta, encourages the implementation of the and Herzegovina, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, other Istanbul commitments, and with regard to Cambodia, Canada, Chile, China, Colombia, Costa Rica, Côte d’Ivoire, Abkhazia, Georgia, calls for the resumption of a con- Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Ecuador, structive dialogue aimed at achieving a comprehensive Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Finland, France, Gabon, Georgia, Germany, Ghana, Greece, Grenada, Guate- settlement, including a definition of the political status mala, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, of Abkhazia as a sovereign entity within the State of Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kuwait, Latvia, Lebanon, Georgia; Libyan Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Malay- sia, Maldives, Malta, Mauritius, Mexico, Monaco, Mongolia, Morocco, 19 . Acknowledges the significant contribution to sta- Mozambique, Myanmar, Namibia, Nepal, Netherlands, New Zealand, bility and confidence in the region made by the border Nicaragua, Norway, Oman, Pakistan, Panama, Papua New Guinea, Para- monitoring operation of the Organization for Security guay, Peru, Philippines, Poland, Portugal, Qatar, Republic of Korea, Republic of Moldova, Romania, Russian Federation, San Marino, Saudi and Cooperation in Europe along the border between Arabia, Senegal, Singapore, Slovakia, Slovenia, Spain, SriLanka, Sudan, Georgia and the Chechen Republic of the Russian Fed- Suriname, Sweden, Syrian Arab Republic, Thailand, The former Yugo- eration; slav Republic of Macedonia, Togo, Tunisia, Turkey, Uganda, Ukraine,

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United Kingdom, United States, Uruguay, Venezuela, Yemen, Yugosla- of gender equality, social development and a common via, Zambia. Against: None. cultural heritage, Abstaining: Armenia, Belarus, South Africa, United Republic of Tan- Acknowledging also that, with its significant expertise zania. in the field of human rights, democratic institutions and the rule of law, the Council of Europe is contribut- Before the adoption of the resolution, a re- ing to conflict prevention, confidence-building and corded vote (34-1-85) was taken on an amend- long-term post-conflict peace-building through politi- ment adding paragraph 21, introduced by Azer- cal, legal and institutional reform, baijan [A/56/L.67], stating specifically that Stressing the importance of adherence to the stand- Nagorny Karabakh was a region of Azerbaijan. ards and principles of the Council of Europe and its contribution to the solution of conflicts throughout the whole of Europe, Acknowledging the contribution of the Council of Cooperation with the Council of Europe Europe to the development of international law, inter In response to resolution 55/3 [YUN 2000, p. 410], alia, international criminal law, the Secretary-General submitted an August re- Noting the increasing openness of the Council of port on cooperation between the United Nations Europe, through its legal instruments, to the participa- and the Council of Europe [A/56/302]. tion of States of other regions, 1. Welcomes the report of the Secretary-General; The Secretary-General reported that co- 2. Notes with appreciation the further improvement operation continued through direct contact be- of cooperation and coordination between the United tween the secretariats of the two organizations, Nations and its agencies and the Council of Europe, the Council’s observer status in the General As- both at the level of headquarters and in the field; sembly and the cooperation agreements between 3. Welcomes the increasingly close cooperation be- the Council and various UN specialized agencies tween the Council of Europe, the Office of the United and bodies, and meetings of the Secretaries- Nations High Commissioner for Human Rights and General of the two organizations. He highlighted the Office of the United Nations High Commissioner specific cooperation activities between the Coun- for Refugees; cil and UN programmes and the Secretariat. 4. Welcomes also the efforts of the Council of Europe to assist States in the ratification and implementation The Secretary-General observed that both or- of the Rome Statute of the International Criminal ganizations continued to have shared interests Court, in particular the most recent meeting, held in that lent themselves to cooperation in such areas Strasbourg, France, on 13 and 14 September 2001; as conflict prevention, post-conflict peace- 5. Expresses its appreciation to the Council of Europe building and confidence-building measures for for its contribution to the World Conference against increasing tolerance and understanding between Racism, Racial Discrimination, Xenophobia and Re- lated Intolerance, held in Durban, South Africa, from people belonging to different ethnic groups, es- 31 August to 8 September 2001; pecially those within countries in crisis. He rec- 6. Welcomes the contribution of the Council of ommended that such cooperation be reported to Europe to the preparations for the special session of the the Assembly every other year, the next report to General Assembly on children, to be held in 2002; be submitted to its fifty-eighth (2003) session, 7. Commends strongly the contribution of the Council and that the item be included in that session’s of Europe to international action against terrorism, as provisional agenda. defined by the Committee of Ministers of the Council in the conclusions of its session of 7 and 8 November GENERAL ASSEMBLY ACTION 2001 in Strasbourg, taking into account Security Coun- cil resolutions 1368(2001) of 12 September 2001 and On 7 December [meeting 80], the General As- 1373(2001) of 28 September 2001, including the intensi- sembly adopted resolution 56/43 [draft: A/56/L.31 fication of legal cooperation to combat terrorism; & Add.1] without vote [agenda item 21 (c)]. 8. Welcomes the participation of the Council of Europe in the implementation of Security Council Cooperation between the United Nations resolution 1244(1999) of 10 June 1999, in its and the Council of Europe cooperation with the United Nations Interim Adminis- The General Assembly, tration Mission in Kosovo, notably with regard to the Recalling the Agreement between the Council of reform of the judiciary, the promotion and protection Europe and the Secretariat of the United Nations of human rights, including the rights of minorities, signed on 15 December 1951 and the Arrangement on property rights, population registration, childhood Cooperation and Liaison between the secretariats of and youth programmes, education policies and the the United Nations and the Council of Europe of 19 protection and restoration of cultural heritage; November 1971, 9. Commends the role of the Council of Europe in Acknowledging the contribution of the Council of the capacity-building programme of the United Europe to the protection and strengthening of democ- Nations Interim Administration Mission in Kosovo, es- racy, human rights and fundamental freedoms and the pecially with regard to the electoral process in prep- rule of law on the European continent, including its ac- aration for the Kosovo Assembly elections on 17 No- tivities against racism and intolerance, the promotion vember 2001;

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10. Welcomes the activities of the Council of Europe cooperation among Mediterranean countries with a aimed at fulfilling the role assigned to it, under the view to promoting the economic and social develop- General Framework Agreement for Peace in Bosnia ment of all peoples of the region will contribute signifi- and Herzegovina, with regard to the protection and cantly to stability, peace and security in the region, promotion of human rights, and judicial and prison Recognizing also the efforts made so far and the deter- reform; mination of the Mediterranean countries to intensify 11. Welcomes also the major contribution of the the process of dialogue and consultations with a view to Council of Europe to the Stability Pact for South- resolving the problems existing in the Mediterranean Eastern Europe, launched at the initiative of the Euro- region and to eliminating the causes of tension and the pean Union, and to the development of regional proj- consequent threat to peace and security, and their ects to support its aims; growing awareness of the need for further joint efforts 12. Welcomes further the active role of the Council of to strengthen economic, social, cultural and environ- Europe in the tripartite meetings between the United mental cooperation in the region, Nations, the Organization for Security and Co- Recognizing further that prospects for closer Euro- operation in Europe and the Council of Europe; Mediterranean cooperation in all spheres can be en- 13. Requests the Secretary-General to continue ex- hanced by positive developments worldwide, in par- ploring, with the Chairman of the Committee of Min- ticular in Europe, in the Maghreb and in the Middle isters and the Secretary-General of the Council of East, Europe, possibilities for further enhancement of Reaffirming the responsibility of all States to contrib- cooperation, information exchange and coordination ute to the stability and prosperity of the Mediterra- between the United Nations and the Council of nean region and their commitment to respecting the Europe; purposes and principles of the Charter of the United 14 . Decides to include in the provisional agenda of its Nations, as well as the provisions of the Declaration on fifty-seventh session the sub-item entitled Principles of International Law concerning Friendly “Cooperation between the United Nations and the Relations and Cooperation among States in accordance Council of Europe”, and requests the Secretary- with the Charter of the United Nations, General to submit to the General Assembly at its fifty- Noting the peace negotiations in the Middle East, seventh session a report on cooperation between the which should be of a comprehensive nature and repre- United Nations and the Council of Europe in imple- sent an appropriate framework for the peaceful settle- mentation of the present resolution. ment of contentious issues in the region, Expressing its concern at the persistent tension and continuing military activities in parts of the Mediterra- Strengthening of security and cooperation nean that hinder efforts to strengthen security and in the Mediterranean cooperation in the region, In response to General Assembly resolution Taking note of the report of the Secretary-General, 1. Reaffirms that security in the Mediterranean is 55/38 [YUN 2000, p. 411], the Secretary-General closely linked to European security as well as to interna- submitted in July [A/56/153] replies received from tional peace and security; Algeria, Mexico and Sweden, on behalf of the EU, 2. Expresses its satisfaction at the continuing efforts to his note verbale requesting their views on ways by Mediterranean countries to contribute actively to to strengthen security and cooperation in the the elimination of all causes of tension in the region Mediterranean region. and to the promotion of just and lasting solutions to the persistent problems of the region through peace- GENERAL ASSEMBLY ACTION ful means, thus ensuring the withdrawal of foreign forces of occupation and respecting the sovereignty, On 29 November [meeting 68], the General As- independence and territorial integrity of all countries sembly, on the recommendation of the First (Dis- of the Mediterranean and the right of peoples armament and International Security) Commit- to self-determination, and therefore calls for full ad- tee [A/56/541], adopted resolution 56/29 without herence to the principles of non-interference, non- vote [agenda item 79]. intervention, non-use of force or threat of use of force and the inadmissibility of the acquisition of ter- Strengthening of security and cooperation ritory by force, in accordance with the Charter and in the Mediterranean region the relevant resolutions of the United Nations; The General Assembly, 3. Commends the Mediterranean countries for their Recalling its previous resolutions on the subject, in- efforts in meeting common challenges through coordi- cluding resolution 55/38 of 20 November 2000, nated overall responses, based on a spirit of multilat- Reaffirming the primary role of the Mediterranean eral partnership, towards the general objective of turn- countries in strengthening and promoting peace, secu- ing the Mediterranean basin into an area of dialogue, rity and cooperation in the Mediterranean region, exchanges and cooperation, guaranteeing peace, sta- Bearing in mind all the previous declarations and bility and prosperity,and encourages them to strength- commitments, as well as all the initiatives taken by the en such efforts through, inter alia, a lasting multilateral riparian countries at the recent summits, ministerial and action-oriented cooperative dialogue among States meetings and various forums concerning the question of the region; of the Mediterranean region, 4. Recognizes that the elimination of the economic Recognizing the indivisible character of security in and social disparities in levels of development and the Mediterranean and that the enhancement of other obstacles, as well as respect and greater under-

YUN01—REPROS jUNE 10 2003 Europe and the Mediterranean 401 standing among cultures in the Mediterranean area Maintenance of international security— will contribute to enhancing peace, security and good-neighbourliness, stability and cooperation among Mediterranean countries through development in South-Eastern Europe the existing forums; The General Assembly, 5. Calls upon all States of the Mediterranean region Recalling the purposes and principles of the Charter that have not yet done so to adhere to all the multilater- of the United Nations and the Final Act of the Confer- ally negotiated legal instruments related to the field of ence on Security and Cooperation in Europe, signed at disarmament and non-proliferation, thus creating the Helsinki on 1 August 1975, necessary conditions for strengthening peace and Recalling also the United Nations Millennium Decla- cooperation in the region; ration, 6. Encourages all States of the region to favour the Recalling further its resolutions 48/84 B of 16 Decem- necessary conditions for strengthening the confidence- ber 1993, 50/80 B of 12 December 1995, 51/55 of 10 De- building measures among them by promoting genuine cember 1996,52/48 of 9 December 1997,53/71 of 4 De- openness and transparency on all military matters, by cember 1998, 54/62 of 1 December 1999 and 55/27 of participating, inter alia, in the United Nations system 20 November 2000, for the standardized reporting of military expendi- Convinced of the necessity of enhancing the overall tures and by providing accurate data and information conflict prevention and resolution capability of the to the United Nations Register of Conventional Arms; United Nations system and other relevant regional 7. Encourages the Mediterranean countries to organizations to prevent the outbreak of conflicts, strengthen further their cooperation in combating ter- Emphasizing the crucial importance of the full imple- rorism in all its forms and manifestations, taking into mentation of Security Council resolution 1244(1999) account the relevant resolutions of the United Nations, of 10 June 1999 on Kosovo, Federal Republic of Yugo- and in combating international crime and illicit arms slavia, and stressing, inter alia, the role and responsibil- transfers and illicit drug production, consumption and ity of the United Nations Interim Administration Mis- trafficking, which pose a serious threat to peace, secu- sion in Kosovo, supported by the Organization for rity and stability in the region and therefore to the im- Security and Cooperation in Europe and the European provement of the current political, economic and social Union, and of the Kosovo Force in that regard, as well situation and which jeopardize friendly relations as the importance of the implementation of Security among States, hinder the development of international Council resolutions 1345(2001) of 21 March 2001 and cooperation and result in the destruction of human 1371(2001) of 26 September 2001, rights, fundamental freedoms and the democratic Commending the significant progress made by the basis of pluralistic society; people and the authorities of the Federal Republic of 8. Requests the Secretary-General to submit a report Yugoslavia towards establishing democracy and the im- on means to strengthen security and cooperation in the portant steps taken to cooperate with the International Mediterranean region; Tribunal for the Prosecution of Persons Responsible 9. Decides to include in the provisional agenda of its for Serious Violations of International Humanitarian fifty-seventh session the item entitled “Strengthening Law Committed in the Territory of the Former Yugo- of security and cooperation in the Mediterranean slavia since 1991, region”. Recalling the Stability Pact for South-Eastern Europe, and stressing the importance of the imple- mentation of its objectives, with emphasis on regional Stability and development in cooperation, South-Eastern Europe Noting the importance of the activities of interna- tional organizations, such as the European Union, the On 23 February [A/55/809-S/2001/172],the Organization for Security and Cooperation in Europe former Yugoslav Republic of Macedonia (FYROM) and the Council of Europe, as well as the contribution submitted to the Secretary-General the text of the of the Central European Initiative and the Black Sea Summit Declaration of the Heads of State and Economic Cooperation, for the implementation of the Government of South-East European Countries Stability Pact, at their fourth meeting (Skopje, 23 February) and Welcoming the normalization of relations among the Action Plan for Regional Economic all States of the Balkan region, and noting, in this Cooperation. respect, the Agreement for the delineation of the borderline between the former Yugoslav Republic of On 10 October [A/56/466], Bulgaria trans- Macedonia and the Federal Republic of Yugoslavia, mitted the Declaration of Solidarity adopted by signed at Skopje on 23 February 2001, as well as the the heads of State of Albania, Bulgaria, Croatia, re-establishment of diplomatic relations between Alba- Estonia, Latvia, Lithuania, Romania, Slovakia, nia and the Federal Republic of Yugoslavia, Slovenia and FYROM during the Summit meeting Welcoming also the agreement of 29 June 2001 on suc- of NATO candidate countries (Sofia, 5 October). cession issues among the States successors to the former Socialist Federal Republic of Yugoslavia, GENERAL ASSEMBLY ACTION Welcoming further the signing of stabilization and as- sociation agreements and/or European agreements be- On 29 November [meeting 68], the General As- tween the countries of the region and the European sembly, on the recommendation of the First Union and its member States, Committee [A/56/530], adopted resolution 56/18 Reiterating the importance of the South-East Euro- without vote [agenda item 68]. pean Cooperation Process and its contribution to secu-

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rity, stability and good-neighbourly relations in can assure a stable and democratic future for South- South-Eastern Europe, and recalling in particular the Eastern Europe; Summit Declaration and the Action Plan for Regional 7. Welcomes the signing of the Framework Agree- Economic Cooperation, adopted by the heads of State ment at Ohrid, the former Yugoslav Republic of Mace- and Government of the participating and observer donia, on 13 August 2001, and supports its full and countries of the South-East European Cooperation timelyimplementationbythepartiestotheAgreement; Process at Skopje on 23 February 2001, 8. Stresses the importance of good-neighbourliness Emphasizing the crucial importance of strengthening and the development of friendly relations among regional efforts in South-Eastern Europe on arms con- States, and calls upon all States to resolve their disputes trol, demining, disarmament and confidence-building with other States by peaceful means, in accordance measures, and concerned that, in spite of the ongoing with the Charter; efforts, the illicit trade in small arms and light weapons 9. Urges the strengthening of relations among the in all its aspects persists, States of South-Eastern Europe on the basis of respect Mindful of the importance of national and interna- for international law and agreements, in accordance tional activities of all relevant organizations aimed at with the principles of good-neighbourliness and mu- the creation of peace, security, stability, democracy, tual respect; cooperation and economic development and the ob- 10. Recognizes the efforts of the international com- servance of human rights and good-neighbourliness in munity, and welcomes in particular the assistance al- South-Eastern Europe, ready provided by the European Union, other con- Taking note of the Declaration of Solidarity adopted tributors and the Stability Pact for South-Eastern by the heads of State participating in the Summit Meet- Europe in promoting the long-term process of demo- ing of the North Atlantic Treaty Organization candi- cratic and economic development of the region; date countries held at Sofia on 5 October 2001, 11. Stresses that the rapprochement of the South- Reaffirming its determination that all nations should Eastern European States with the European Union will live together in peace with one another as good neigh- favourably influence the security, political and eco- bours, nomic situation in the region, as well as good- 1. Reaffirms the need for full observance of the neighbourly relations among the States; Charter of the United Nations; 12. Stresses also the importance of regional efforts 2. Calls upon all States, the relevant international aimed at preventing conflicts that endanger the main- organizations and the competent organs of the United tenance of international peace and security and, in this Nations to respect the principles of territorial integrity regard, notes with satisfaction the role of the Multina- and sovereignty of all States and the inviolability of in- tional Peace Force for South-Eastern Europe; ternational borders, to continue to take measures in ac- cordance with the Charter and the commitments of the 13. Emphasizes the importance of continuous re- Organization for Security and Cooperation in Europe gional efforts and intensified dialogue in South- and through further development of regional arrange- Eastern Europe aimed at arms control, disarmament ments, as appropriate, to eliminate threats to interna- and confidence-building measures as well as strength- tional peace and security and to help to prevent con- ening cooperation and undertaking appropriate meas- flicts in South-Eastern Europe, which can lead to the ures at the national, subregional and regional levels to violent disintegration of States; prevent and suppress acts of terrorism; 3. Reaffirms the urgency of consolidating South- 14 . Welcomes the adoption, on 18 July 2001, of the Eastern Europe as a region of peace, security, stability, Concluding Document of the negotiations under arti- democracy, cooperation and economic development cle V of annex 1.B to the General Framework Agree- and for the promotion of good-neighbourliness and ment for Peace in Bosnia and Herzegovina; the observance of human rights, thus contributing to 15. Recognizes the seriousness of the problem of the maintenance of international peace and security anti-personnel mines in some parts of South-Eastern and enhancing the prospects for sustained develop- Europe, welcomes, in this context, the efforts of the in- ment and prosperity for all peoples in the region as an ternational community in support of mine action, and integral part of Europe, and recognizes the role of the encourages States to join and support these efforts; United Nations, the Organization for Security and 16. Urges all States to take effective measures against Cooperation in Europe and the European Union in the illicit trade in small arms and light weapons in all its promoting regional disarmament; aspects and to help programmes and projects aimed at 4. Calls upon all participants in the Stability Pact for the collection and safe destruction of surplus stocks of South-Eastern Europe, as well as all concerned interna- small arms and light weapons, and stresses the impor- tional organizations, to continue to support the efforts tance of closer cooperation among States, inter alia, in of the States of South-Eastern Europe towards regional crime prevention, combating terrorism, illicit trade in stability and cooperation so as to enable them to pursue people, organized crime, drug trafficking and money- sustainable development and integration into Euro- laundering; pean structures; 17. Calls upon all States and the relevant interna- 5. Calls upon all States and relevant international tional organizations to communicate to the Secretary- organizations to contribute to the full implementation General their views on the subject of the present reso- of Security Council resolution 1244(1999) on Kosovo, lution; Federal Republic of Yugoslavia, as well as Council reso- 18. Decides to include in the provisional agenda of lutions 1345(2001) and 1371(2001); its fifty-seventh session the item entitled “Maintenance 6. Rejects the use of violence in pursuit of political of international security—good-neighbourliness, sta- aims, and stresses that only peaceful political solutions bility and development in South-Eastern Europe”.

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