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Chapter VIII. Consideration of questions under the responsibility of the Security Council for the maintenance of international peace and security Mr. Mehmet Güney (Turkey) of the very short time which was available before the Mr. Aka Edoukou Jean-Baptiste Kablan (Côte d’Ivoire) judge’s term of office was due to come to an end, he asked if the letter and its annex could be brought to the Mr. Laïty Kama (Senegal) immediate attention of the members of the General Mr. Dionysios Kondylis (Greece) Assembly and of the Security Council for their speedy approval in the manner that they deemed fit. Mr. Bouba Mahamane (Niger) Mr. Erik Møse (Norway) At its 4006th meeting, held on 19 May 1999 in accordance with the understanding reached in its prior Mr. Yakov Ostrovsky (Russian Federation) consultations, the Security Council included the letter Mr. Cheick Dimkinsedo Ouédraogo (Burkina Faso) in its agenda. Ms. Navanethem Pillay (South Africa) At the same meeting the President drew the Ms. Indira Rana (Nepal) attention of the Council to a draft resolution prepared in the course of the Council’s prior consultations. 64 The Mr. William Sekule (United Republic of Tanzania) draft resolution was then put to the vote and adopted Mr. Tilahun Teshome (Ethiopia) unanimously as resolution 1241 (1999), which reads: Mr. Lloyd George Williams (Jamaica and St. Kitts and The Security Council , Nevis) Taking note of the letter dated 17 May 1999 from the Secretary-General to the President of the Security Council, to Decision of 19 May 1999 (4006th meeting): which he attached a letter to him dated 14 May 1999 from the resolution 1241 (1999) President of the International Tribunal for Rwanda, By a letter dated 17 May 1999 addressed to the Endorses the recommendation of the Secretary-General President of the Security Council, the that Judge Aspegren, once replaced as a member of the Tribunal, Secretary-General 63 requested an extension of the term finish the Rutaganda and Musema cases which he has begun of office of a non-elected judge of the Tribunal in order before expiry of his term of office, and takes note of the to allow him to dispose of two ongoing cases. In view intention of the Tribunal to finish these cases if possible before 31 January 2000. __________________ __________________ 63 S/1999/566. 64 S/1999/576. 6. The situation in Burundi Decision of 5 January 1996 (3616th meeting): the Red Cross (ICRC), the World Food Programme statement by the President (WFP) and most non-governmental organizations to curtail or suspend their activities following a spate of By a letter dated 29 December 1995 addressed to violent attacks against their personnel and assets. the President of the Security Council, 1 the Secretary- Furthermore, Burundi’s borders with Zaire and the General shared his deep concern about the persistence United Republic of Tanzania had remained closed for of violence and the further escalation of human rights several days. In the existing circumstances, he felt that violations. According to his report, Burundi was the there was a real danger of the situation in Burundi scene of a smouldering civil war. The situation had degenerating to the point where it might explode into continued to deteriorate since May 1995 and was ethnic violence on a massive scale. He recalled the characterized by daily killings, massacres, torture and proposals he had made in his report on 11 October arbitrary detention. The deteriorating situation was 1994. 2 He suggested the maintenance in Zaire, subject underscored by recent decisions of international to the agreement of the Government, of a military organizations including the International Committee of __________________ __________________ 2 S/1994/1152. 1 S/1995/1068. 09-25533 397 Repertoire of the Practice of the Security Council presence capable of intervening rapidly in the event of established pursuant to its resolution 1012 (1995) of 28 August a sudden deterioration of the situation in Burundi, a 1995 and undertakes to study carefully the letter from the preventive measure that could help to avoid a Secretary-General dated 3 January 1996 containing an interim report on that work. repetition of the tragic events in Rwanda. He informed the Council that he had asked the United Nations High The Council is gravely concerned at recent attacks on Commissioner for Refugees to travel immediately to personnel of international humanitarian organizations, which Bujumbura as his personal envoy in order to discuss have led to the suspension of essential assistance to refugees and displaced persons and to the temporary withdrawal of with the government authorities, at the highest level, international personnel. The Council welcomes the decision of the steps that might be taken on an urgent basis to defuse Secretary-General to ask the United Nations High Commissioner the situation and enable international organizations to for Refugees to visit Burundi to discuss with the Burundian function effectively. authorities steps that might be taken to defuse the situation. It underlines the fact that the authorities in Burundi are responsible At its 3616th meeting, held on 5 January 1996 in for the security of personnel of international humanitarian accordance with the understanding reached in its prior organizations and of the refugees and displaced persons there and consultations, the Security Council included the letter calls upon the Government of Burundi to provide adequate in its agenda. Following the adoption of the agenda, the security to food convoys and humanitarian personnel. President (United Kingdom), with the consent of the The Council welcomes the assumption of his functions by Council, invited the representative of Burundi, at his the new Special Representative of the Secretary-General for request, to participate in the discussion without the Burundi and calls upon all concerned to support his efforts. It right to vote. commends the work of the Office of the Special Representative in seeking to promote dialogue and national reconciliation in At the same meeting the President drew the Burundi, as well as the role played there by the Organization of attention of the Council to a letter dated 3 January African Unity. It welcomes the decision of the Organization of African Unity in Addis Ababa on 19 December 1995 to extend 1996 addressed to the President of the Security Council the mandate of its mission in Burundi for another three months from the Secretary-General pursuant to resolution 1012 and to strengthen the civilian component of the mission. The (1995), providing an interim report on the work of the Council also welcomes the outcome of the Cairo conference of International Commission of Inquiry in Burundi. 3 heads of State of the Great Lakes region held on 28 and 29 November 1995, supports the work of the facilitators appointed At the same meeting, the President made the by the conference and emphasizes once again the importance it following statement on behalf of the Council: 4 attaches to all States acting in accordance with the recommendations contained in the Cairo Declaration, as well as The Security Council has considered the letter dated those adopted at the Regional Conference on Assistance to 29 December 1995 from the Secretary-General to the President Refugees, Returnees and Displaced Persons in the Great Lakes of the Council on developments in Burundi. The Council shares Region, held at Bujumbura from 15 to 17 February 1995. It the deep concern of the Secretary-General about the situation in stresses the importance of continued attention by the international community as a whole to the situation in Burundi Burundi, which has been characterized by daily killings, and encourages Member States to intensify contacts and visits. massacres, torture and arbitrary detention. It condemns in the strongest terms those persons responsible for such actions, The Council notes the proposals referred to in the letter which must cease immediately. It encourages all States to take from the Secretary-General dated 29 December 1995. It will the measures deemed necessary to prevent such persons from consider these and other proposals he may submit in the light of travelling abroad and receiving any kind of support. It reiterates the reports of Mrs. Ogata’s mission and of his Special its profound concern about radio stations which incite hatred and Representative for Burundi. It also requests the Secretary- acts of genocide and encourages Member States and others General to consider what role United Nations personnel in the concerned to cooperate in the identification and dismantling of region and other support personnel might play in Burundi. them. The Council calls upon all concerned in Burundi to exercise maximum restraint and to refrain from all acts of The Council reaffirms its support for the Convention on violence. It reiterates that all who commit or authorize the Governance of 10 September 1994, which constitutes the commission of serious violations of international humanitarian institutional framework for national reconciliation in Burundi law are individually responsible for such violations and should and for the institutions of Government established in line with it. be held accountable. In this context, it stresses the importance it It calls once again upon all political parties, military forces and attaches to the work of the International Commission of Inquiry elements of civil society in Burundi fully to respect and __________________ implement the Convention on Governance and to give their continued