Chapter V Europe and the Mediterranean

The restoration of peace and stability in the post- (Moscow Agreement), and Georgia demanded the conflict countries in the European and Mediter- withdrawal of Russian peacekeeping forces from the ranean region advanced in 2007, as efforts to re- conflict zone. Compliance with the Moscow Agree- establish their institutions and social and economic ment and with Security Council resolutions 858(1993) infrastructure continued. However, a number of and 937(1994) was monitored by the United Nations issues remained unresolved. Observer Mission in Georgia (unomig) and by a col- Led by the European Union (eu), the international lective peacekeeping force of the Commonwealth of community continued to assist Bosnia and Herze- Independent States. govina to move towards full integration into Europe No progress was made towards settling the conflict through the eu Stabilization and Association Process. between Armenia and Azerbaijan over the occupied Bosnia and Herzegovina signed a security agreement Nagorno-Karabakh region in Azerbaijan. In July, with the North Atlantic Treaty Organization (nato), Nagorno-Karabakh held presidential elections, the but the country was not successful in securing a Sta- results of which were rejected by Azerbaijan, several bilization and Association Agreement with the eu. neighbouring States, the eu, the Organization of the In Kosovo (Serbia), the United Nations Interim Islamic Conference and the Organization for Security Administration Mission in Kosovo (unmik) contin- and Cooperation in Europe, and its status remained ued to assist in the building of a modern, multi- uncertain at year’s end. ethnic society. In March, the Secretary-General’s Special Envoy for the future status of Kosovo pre- Similarly, no progress was made towards settling sented the Secretary-General with his proposal on the conflict with regard to the Transnistrian region Kosovo’s future status. Having taken into account of Moldova. In September, Moldova informed the the negotiations with the parties, the Special Envoy Secretary-General that the situation in the country’s came to the conclusion that the only viable option security zone had deteriorated. for Kosovo was independence, to be supervised for The Organization for Democracy and Economic an initial period by the international community. Development (guam)–area countries (Georgia, The Secretary-General supported those recommen- Ukraine, Azerbaijan and Moldova) transmitted to dations. In April, the Security Council undertook the Secretary-General a number of communications its first mission to Kosovo and Belgrade since 2002. by guam member States regarding the contentious In August, the “Troika”, composed of representa- local and parliamentary elections in Abkhazia, Geor- tives of the eu, the Russian Federation and the gia, which took place in February and March; the United States, was established to lead a period of contested presidential elections held in July in the further negotiations on the future status of Kosovo. Nagorno-Karabakh region of Azerbaijan; and docu- It presented its report in December. In November, ments adopted at the guam Summit in Azerbaijan. elections were held for the Assembly of Kosovo, in- cluding 30 municipal assemblies. In the Mediterranean, the situation in Cyprus re- mained unresolved and efforts were focused on as- Renewed efforts were made to end the stalemate in the Georgian Abkhaz peace process. Senior offi- sisting the two sides in implementing the 8 July 2006 cials of the Group of Friends of the Secretary-General Agreement. The Greek Cypriot and Turkish Cypriot (France, Germany, Russian Federation, United King- leaders met in September and each side presented sets dom, United States) continued to encourage dialogue of proposals on confidence-building measures to the on the basis of the 2001 Basic Principles for the Dis- Secretary-General. However, mutual recriminations tribution of Competencies between Tbilisi (the Geor- persisted and serious tensions continued to exist be- gian Government) and Sukhumi (the Abkhaz leader- tween the two Cypriot communities. The United ship). A difficult and complex situation prevailed on Nations Peacekeeping Force in Cyprus continued to the ground, however, with tensions increasing early cooperate with its UN partners and the two com- in the year in the Gali and Zugdidi sector, as well munities to facilitate projects of benefit to Greek and as in the upper Kodori Valley. Abkhaz authorities Turkish Cypriots in the buffer zone and to advance claimed that Georgian forces had violated the 1994 towards the goal of restoring normal conditions and Agreement on a Ceasefire and Separation of Forces humanitarian functions in Cyprus.

388 Europe and the Mediterranean 389

and Association Agreement with the eu, lack of progress Bosnia and Herzegovina on key eu requirements prevented its signing. The eufor mission was reconfigured, with its In 2007, the European Union (eu) continued to headquarters in Sarajevo and liaison teams deployed lead the international community’s efforts to assist the throughout the country, and a new troop level of 2,500 two entities comprising the Republic of Bosnia and troops, backed by over-the-horizon reserves. Herzegovina—the Federation of Bosnia and Herze- govina (where mainly Bosnian Muslims (Bosniacs) and Bosnian Croats resided) and the Republika Srpska Implementation of Peace Agreement (where mostly Bosnian Serbs resided)—in implement- ing the 1995 General Framework Agreement for Peace Civilian aspects in Bosnia and Herzegovina and the annexes thereto The civilian aspects of the 1995 Peace Agreement (the Peace Agreement) [YUN 1995, p. 544]. Those efforts were accomplished through the activities of the Office entailed a wide range of activities, including the provi- of the High Representative for the Implementation of sion of humanitarian aid and resources for infrastruc- the Peace Agreement, responsible for the Agreement’s ture rehabilitation, the establishment of political and constitutional institutions, the promotion of respect civilian aspects [YUN 1996, p. 293], and the European Union Police Mission in Bosnia and Herzegovina for human rights and the holding of free and fair elec- (eupm), responsible for helping to develop sustainable tions. The High Representative for Bosnia and Herze- policing arrangements. Theeu Force (eufor) mission govina, who chaired the pic Steering Board and other executed the responsibilities for the Agreement’s mili- key implementation bodies, was the final authority with regard to implementing the civilian aspects of tary aspects, which were transferred to it by the North Atlantic Treaty Organization (nato) in December the Peace Agreement [YUN 1995, p. 547]. The reports on eupm activities were submitted by the High Rep- 2004 . The Peace Implementation [YUN 2004, p. 401] resentative to the Security Council President through Council (pic) and its Steering Board continued to over- the Secretary-General. see and facilitate the Agreement’s implementation. The High Representative reported on progress made Office of High Representative in the Agreement’s implementation and related politi- cal developments in the country during the year in the Reports of High Representative. The High Rep- context of his mission implementation plan, which set resentative, Christian Schwarz-Schilling (Germany), out a number of core tasks to be accomplished [YUN reported to the Security Council in May, through 2003, p. 401]. Following the October 2006 elections the Secretary-General, on the peace implementation [YUN 2006, p. 455], efforts to form new governments process for the period 1 July 2006 to 31 March 2007 at the State, entity and cantonal levels were completed [S/2007/253]. by the end of March, except in three cantons. How- On 29 June, by resolution 1764(2007) (see p. 390), ever, the February ruling of the International Court the Council welcomed the pic Steering Board’s 19 June of Justice on the case regarding violation of the 1948 decision to appoint Miroslav Lajčák (Slovakia) to suc- Convention on the Prevention and Punishment of the ceed Christian Schwarz-Schilling as the High Repre- Crime of Genocide raised the issue of constitutional sentative for Bosnia and Herzegovina, effective 2 July. reform once again. Bosnia and Herzegovina undertook The new High Representative reported to the a number of reforms, particularly in areas of refugee re- Council, through the Secretary-General, on the peace turn, the rule of law, police restructuring, defence and implementation process for the periods 1 April to 30 economic development, in accordance with European September 2007 S/2007/651 and 1 October 2007 to 31 standards. Political leaders signed, on 28 October, the [ ] March 2008 S/2008/300 . Mostar Declaration on honouring their commitment [ ] to police reform and agreed on a two-phase Action The Council considered the reports of the High Plan for its implementation. Work towards full inte- Representative on 16 May [meeting 5675] and 21 No- gration into Europe through the eu Stabilization and vember [meeting 5782]. It also heard a briefing by the Association Process and nato Partnership for Peace High Representative in a closed session [meeting 5780] requirements continued. ���������������������������In March, Bosnia and Herze- held on 15 November [S/ PV.5780]. govina signed a nato security agreement that defined In 2007, the pic Steering Board continued to con- parameters for the exchange of information between sider its decision [YUN 2006, p. 454] to close the Office of the parties. With regard to its ongoing eu negotiations, the High Representative by 30 June 2008 and to review Bosnia and Herzegovina ratified the Central European the situation in October 2007 and February 2008. Free Trade Agreement treaty in September, but while it (For details on the specific topics of the reports, see completed the technical agreement for the Stabilization below). 390 Political and security questions

SECURITY COUNCIL ACTION The 26 February ruling by the International Court On 29 June [meeting 5713], the Security Coun- of Justice (see p. 1326) on the 1993 suit [YUN 1993, cil unanimously adopted resolution 1764(2007). p. 1138] instituted by the former Republic of Bosnia The draft [S/2007/394] was prepared in consultations and Herzegovina against the former Federal Republic among Council members. of Yugoslavia for alleged violations of the 1948 Con- The Security Council, vention on the Prevention and Punishment of the Recalling all its previous relevant resolutions, Crime of Genocide [YUN 1948-49, p. 959] had brought Recalling also the General Framework Agreement for the issue of constitutional reform to the forefront once Peace in Bosnia and Herzegovina and the annexes thereto again. The fallout from the ruling defined domestic (collectively the “Peace Agreement”), and the conclusions politics during the first half of 2007. To press their of the Peace Implementation Conferences held in Bonn, demands that Srebrenica should have a special status Germany, on 9 and 10 December 1997, in Madrid on 15 outside the Republika Srpska, failing which returnees and 16 December 1998 and in Brussels on 23 and 24 May would abandon that one-time UN “safe area” on the 2000 as well as the Declaration by the Steering Board of twelfth anniversary of its fall to Serb forces on 11 July, the Peace Implementation Council of 19 June 2007, Bosniacs in April established a tent camp in Sarajevo. 1. Welcomes and agrees to the designation by the Steer- The camp lasted for three months, during which time ing Board of the Peace Implementation Council on 19 June certain Bosniac political leaders attacked both the con- 2007 of Mr. Miroslav Lajčák as High Representative for stitutional order and the legitimacy of the Republika Bosnia and Herzegovina in succession to Mr. Christian Srpska. Schwarz-Schilling; Following the invitation to join the nato Partner- 2. Pays tribute to the efforts of Mr. Schwarz-Schilling ship for Peace in 2006 , Bosnia and in his work as High Representative; [YUN 2006, p. 454] Herzegovina on 16 March signed a nato security 3. Reaffirms the importance it attaches to the role of the High Representative in pursuing the implementation of agreement that defined parameters for the exchange of the General Framework Agreement for Peace in Bosnia and information between the parties, including document Herzegovina and the annexes thereto (collectively the “Peace handling, security clearances and related issues. More- Agreement”) and giving guidance to and coordinating the over, on the invitation of the Presidency of Bosnia and activities of the civilian organizations and agencies involved Herzegovina, the European Council on 19 November in assisting the parties to implement the Peace Agreement; extended the mandate of the European Union Police 4. Reaffirms alsothe final authority of the High Repre- Mission in Bosnia and Herzegovina for another two sentative in theatre regarding the interpretation of annex 10 years, until 31 December 2009. on civilian implementation of the Peace Agreement; However, although Bosnia and Herzegovina had 5. Takes note of the decision of the Steering Board of successfully completed the technical negotiations on a 19 June 2007 that the Office of the High Representative Stabilization and Association Agreement with the eu, will remain in place and continue to carry out its mandate the Agreement had still not been initialled, or signed, and that the aim is closure of the Office of the High Rep- owing to insufficient progress on the four key eu re- resentative by 30 June 2008; quirements (police restructuring, cooperation with 6. Decides to remain seized of the matter. the International Criminal Tribunal for the Former Yugoslavia (icty), public administration reform and Mission implementation plan public broadcasting reform). The High Representative stated that his Office would continue to advise and as- The outgoing High Representative, briefing the Se- sist the relevant authorities to ensure that the process curity Council on 16 May [meeting 5675] during con- could proceed without further undue delays. sideration of his report covering the latter half of 2006 Despite several challenges during the year, signifi- [YUN 2006, p. 453] and the first quarter of 2007, said cant progress was made on police restructuring. The that the general election campaign and the subsequent leaders of the six parties comprising the ruling coali- negotiations to form new governments at the State, en- tion at the State level, meeting in Mostar on 28 Oc- tity and cantonal levels had dominated events during tober, signed a Declaration (Mostar Declaration) on that period. However, the intense nature of the pre- honouring the commitments for implementation of election environment and the complicated post-election police reform, with the aim of initialling and signing situation had blocked further political reforms. At the the Stabilization and Association Agreement with the beginning of 2007, only the Republika Srpska had a eu. In November, they agreed to a two-phase Action reconstructed Government. The State-level Council of Plan for its implementation: the firstfi rst phase would rere-- Ministers was formed in February, and a Federation quire that the Bosnia and Herzegovina Parliamentary Government was finally established on 30 March. At Assembly enact laws establishing seven police-related the end of March, six months after the elections, 3 of bodies at State level by June 2008; the second phase, the 10 cantons remained without new Governments. which would regulate subordinate policing levels as Europe and the Mediterranean 391 part of a single structure in line with the three eu prin- voy to the Srebrenica region, set the scene both for the ciples, was to be deferred until constitutional reforms dismantling of the tent camp in Sarajevo (see p. 390) were in place, The enactment of the relevant policing and the peaceful commemoration of the Srebrenica legislation should be carried out within one year of the anniversary, accompanied by the funerals of several adoption of constitutional amendments defining the hundred recently identified victims of the 1995 mas- relative powers of the various units of government. sacres [YUN 1995, p. 530]. On 4 December, following the adoption of those In August and September, the political atmosphere documents by the Council of Ministers, the European deteriorated again due to negative rhetoric from both Commission initialled the Agreement with Bosnia Serb and Bosniac parties. Despite repeated calls by and Herzegovina. Actual signature, however, would Republika Srpska political leaders for the recovery depend upon the passage of the requisite legislation. of the entity’s former powers, no such initiative was Also in December, the Council of Ministers estab- launched. The chairman of the Council of Ministers lished a working group to draft the laws required by acknowledged that the consent of both entity par- the Mostar Declaration and Action Plan for the first liaments and the Parliamentary Assembly of Bosnia phase of police reform. The working group held its and Herzegovina would be required for any formally first meeting in December. transferred competencies to be retrieved. Regarding cooperation with icty, some progress Although constitutional reform remained a much was made during the year. On 31 May, Republika debated issue during 2007, little progress was re- Srpska police, acting in coordination with their Ser- corded, owing to the focus of domestic authorities bian counterparts, arrested Tribunal fugitive Zdravko on police reform (see above) and to the contradictory Tolimir near the Serbian border and transferred him views on the substance of any such constitutional re- to The Hague. With the arrest in Montenegro of form. In September, five Croat parties signed a joint Vlastimir Djordjević in June, the number of Tribunal declaration on the principles of a new constitution, fugitives was reduced to four (see p. 1334). which envisaged the elimination of the two-entity October and November saw a period of political structure and the creation of a decentralized State turbulence, when politicians from the Republika with three levels of authority: State, middle and Srpska sought to defy and overturn decisions made local. On the Bosniac side, a joint Party for Demo- by the High Representative in October with regard cratic Action (sda)–Party for Bosnia and Herzegovina to streamlining decision-making procedures in the (sbih) working group produced a draft platform in State-level Council of Ministers and Parliamentary September. The draft platform, which had not been Assembly. The situation was resolved only after in- agreed upon formally by the two parties, argued for tense negotiations between the High Representative Bosnia and Herzegovina to be composed of at least and party leaders, which led to agreed amendments five multinational regions, based on functional, eco- to voting procedures in the Parliament and Council nomic, geographical, transport, historical, and na- of Ministers of Bosnia and Herzegovina. tional or ethnic criteria. In the context of the envisaged closing of the Office In July, all three prime ministers signed a document of the High Representative, the pic Steering Board de- entitled “Principles on defence property”, which ad- cided in February to maintain the Office,due to regional dressed the issue of moveable and immoveable defence and domestic developments. Steering Board members property. A legal working group charged with trans- agreed to aim for closure of the Office by 30 June 2008. lating those principles into legal and political reality At its October meeting, the Board agreed to review the began work in September, but made little progress. situation at its next meeting in February 2008. The implementation of the essential elements of de- fence reform also continued. Bosnia and Herzegovina Civil affairs hosted its first planning and review process assessment The High Representative, in his report covering the with nato in September. The results of the assessment were generally positive. first half of 2007 [S/2007/651], noted that the impact of the February International Court of Justice deci- The unification of the Mostar city administration sion (see p. 1326) had led to increased tensions over remained at the centre of Bosniac-Croat relations. Srebrenica and other towns in the eastern part of the Decisions of the Office of the High Representative Republika Srpska. The Government of the Republika related to urban planning and the arbitration decision Srpska had appropriated development funding for the on Croat-controlled Hercegovačka Radio-Television Srebrenica region, which helped in identifying pos- were satisfactorily implemented by the city admin- sible economic, social, security and juridical improve- istration. However, the future status of the Mostar ments for the benefit of all Srebrenica area residents. Statute, with its special electoral rules aimed at pre- Those efforts, led by Clifford Bond (United States), serving national-political balance and power-sharing, appointed in May as the High Representative’s En- remained uncertain. Since it had not been adopted by 392 Political and security questions the city council and was unlikely to be endorsed in an Economic reforms election year, the Office of the High Representative remained the primary protector of the Statute until Despite the difficult political environment, Bosnia formally enacted by local bodies. and Herzegovina’s gross domestic product (gdp) was estimated to grow by 6 per cent in 2007, compared with In December, the Mostar city council adopted its 5.7 per cent the previous year. Inflation, which was just 2008 budget, the first time since unification in 2004 1.5 per cent in the first quarter of the year, accelerated in that a budget had been adopted on time, which re- the fourth quarter to an annualized rate of 4.9 per cent flected not only the maturity of the political parties in Mostar, but also the success of the unification process in December. The current account deficit continued to in overcoming many long-standing quarrels. impede the economy. The trade deficit amounted to 2.1 billion convertible marka (km) in the third quarter In July, the High Representative ordered the sei- of 2007, which was up by 16.2 per cent compared to zure of passports and travel documents of 93 persons the same period in 2006. Exports increased by 12.6 being investigated for war crimes committed in and per cent and imports by 15 per cent, compared to the around Srebrenica in 1995, of whom 35 were subse- previous year. quently suspended from their posts in the Republika Srpska police. Following consultation with icty, he The State Government’s deficit was estimated at 1.5 per also removed from his position the head of training cent of gdp in 2007, highlighting the need to establish a for the Republika Srpska police. During the year, sev- national fiscal council to ensure proper fiscal coordina- eral complex war crimes trials proceeded in the State tion and macroeconomic stability. Public sector wages in Court. There were clear signs that progress was being both the entities and cantons had almost reached parity made in improving coordination between State and with those of State institutions, a trend that could exac- entity agencies in targeting fugitives’ support net- erbate the problem of a disproportionately large public works. Funding for the hiring of two investigators was sector wage bill. A State-level law on public salaries, which secured and further funding appeared to be available aimed to rationalize the system, was being drafted. to continue reinforcing that effort. Little or no progress was made in reforming the business environment. Not only did relevant laws Judicial reform (such as those on obligations and pharmaceuticals) remain blocked for national-political and/or patron- The Office of the High Representative continued age reasons, but there also appeared to be a tendency, to focus on facilitating and consolidating the imple- primarily in the Republika Srpska, to adopt partial mentation of rule of law reforms aimed at building and uncoordinated solutions. Far from enhancing the the capacity of the justice sector. In close coordination single economic space, such isolated initiatives con- with other pic members, the Office worked with the tributed to its disintegration, discouraged investment Ministry of Security, the State Investigation and Pro- and resulted in sustained high unemployment rates, tection Agency, the Border Police, and entity and can- estimated at 31.1 per cent, with 20 per cent of the tonal interior ministries and police forces to enhance population living below the poverty line and another their effectiveness, particularly in the fight against 30 per cent hovering around it. organized crime. It further worked to improve the To highlight the challenges, the Office of the High capacity of the recently formed Service for Foreign- Representative hosted an economic conference on ers’ Affairs. The Office convened two brainstorming 16 October, bringing together the international com- sessions on justice sector reforms that had been identi- munity, domestic policymakers and business leaders. fied as necessary by the domestic authorities. Partial That resulted in a platform for action, signed by the funding for the building of a state prison was secured, State and entity prime ministers and the mayor of but a separate high-security facility would be neces- Brčko District, which singled out what needed to be sary for persons convicted of war crimes and other done to improve fiscal coordination, create a better serious crimes. The escape of convicted war criminal business environment and promote reforms to ensure Radovan Stanković from a Republika Srpska prison sustainable economic development. in May highlighted the urgency of that need. Several items on the reform agenda concerned the processing Public administration reform of war crimes. The Ministry of Justice had created a working group tasked with drafting a State war In the area of public administration, a new State- crimes strategy, which was necessary if all war crimes level public administration reform coordinator took were to be prioritized and processed. The brainstorm- office. The Bosnia and Herzegovina Presidency ac- ing sessions also considered proposals for reorganizing cepted and signed a memorandum of understanding the current system to ensure the uniform application on a public administration reform fund, signalling that of criminal legislation and jurisprudence throughout the public administration reform process could finally the country. commence. The High Representative stated that his Europe and the Mediterranean 393

Office would continue to advise and assist the relevant Dalmatia to cross Bosnia and Herzegovina territory at authorities to ensure that the process could proceed Neum) would commence in October, the Presidency without further delays. Initiating the implementation asked the Council of Ministers to gather information on of the comprehensive public administration reform ac- the matter, including, with regard to Bosnia and Herze- tion plan was a key short-term priority of the country’s govina, territorial integrity and access to the sea. European Partnership and a condition for signing a Stabilization and Association Agreement. SECURITY COUNCIL ACTION On 21 November , the Security Media development [meeting 5782] Council, having considered the High Representative’s In July, the Federation Parliament passed a second report for the period from 1 April to 30 September Public Broadcasting System law, which amended the 2007 [S/2007/651] and a 25 October letter from the previous draft to take account of the Federation Con- Secretary-General transmitting the eleventh report on stitutional Court’s decision on the Croats’ previous the activities of the eu military operation in Bosnia and Herzegovina , unanimously adopted invocation of vital national interest [YUN 2006, p. 456]. [S/2007/632] The Croats, however, once more claimed a vital na- resolution 1785(2007). The draft [S/2007/673] was tional interest. Following a failed effort by the parlia- prepared in consultations among Council members. mentary Harmonization Commission to resolve the The Security Council, matter, it was returned to the entity’s Constitutional Recalling all its previous relevant resolutions concerning Court. In September, the Constitutional Court finally the conflicts in the former Yugoslavia and the relevant state- ments by its President, including resolutions 1031(1995) of convened to discuss the constitutionality of various 15 December 1995, 1088(1996) of 12 December 1996, provisions of the State-level Public Broadcasting Sys- 1423(2002) of 12 July 2002, 1491(2003) of 11 July 2003, tem law, as requested in 2005 by a then member of the 1551(2004) of 9 July 2004, 1575(2004) of 22 November presidency [YUN 2005, p. 462]. The Court reached no 2004, 1639(2005) of 21 November 2005, 1722(2006) of decision other than to schedule a public hearing, fol- 21 November 2006 and 1764(2007) of 29 June 2007, lowing which it would reconsider the issues at stake. Reaffirming its commitment to the political settlement Ensuring the independence of the Communica- of the conflicts in the former Yugoslavia, preserving tions Regulatory Agency, a European Partnership re- the sovereignty and territorial integrity of all States there within their internationally recognized borders, quirement, was caught up in the larger political game. Emphasizing its full support for the continued role in The Republika Srpska opposed the reappointment of Bosnia and Herzegovina of the High Representative for the Agency’s director in the face of the unanimous Bosnia and Herzegovina, vote by the Council of the Communications Regula- Underlining its commitment to support the implementa- tory Agency to reappoint him. tion of the General Framework Agreement for Peace in Bos- nia and Herzegovina and the annexes thereto (collectively Relations with other countries the “Peace Agreement”), as well as the relevant decisions of the Peace Implementation Council, Bosnia and Herzegovina continued to be affected Recalling all the agreements concerning the status of by developments in the region. Not only did the do- forces referred to in appendix B to annex 1-A of the Peace mestic politics of Croatia, Montenegro and Serbia im- Agreement, and reminding the parties of their obligation pact upon it to varying degrees, but Serbs, Croats and to continue to comply therewith, Bosniacs all identified with their co-nationals across Recalling also the provisions of its resolution 1551(2004) the borders of Bosnia and Herzegovina. concerning the provisional application of the status-of- The future status of the Serbian province of Kosovo forces agreements contained in appendix B to annex 1-A (see p. 397) was the subject of discussion and of politi- of the Peace Agreement, cal statements in Bosnia and Herzegovina, as Repub- Emphasizing its appreciation to the High Representa- tive, the Commander and personnel of the multinational lika Srpska political parties and the Government of stabilization force (the European Union Force), the Se- Serbia increasingly tried to link the fates of Kosovo nior Military Representative and personnel of the North and the Republika Srpska. Atlantic Treaty Organization Headquarters Sarajevo, the The Republika Srpska Government signed an up- Organization for Security and Cooperation in Europe, the dated version of its special parallel relations agreement European Union and the personnel of other international with Serbia and announced the launch of several joint organizations and agencies in Bosnia and Herzegovina for projects in the energy sector, actions which had re- their contributions to the implementation of the Peace Agreement, ceived some criticism, especially in the Bosniac camp. Emphasizing that a comprehensive and coordinated In the light of the announcement by the Govern- return of refugees and displaced persons throughout the ment of Croatia that construction of a bridge from region continues to be crucial to lasting peace, the mainland to the Pelješac peninsula (removing the Recalling the declarations of the ministerial meetings need for road traffic between northern and southern of the Peace Implementation Council, 394 Political and security questions

Recognizing that full implementation of the Peace Agree- 10 November 1995, and calls upon the parties to comply ment is not yet complete, while paying tribute to the achieve- strictly with their obligations under those Agreements; ments of the authorities at State and entity level in Bosnia 2. Reiterates that the primary responsibility for the and Herzegovina and of the international community in the further successful implementation of the Peace Agree- twelve years since the signing of the Peace Agreement, ment lies with the authorities in Bosnia and Herzegovina Emphasizing the importance of Bosnia and Herzegovina’s themselves and that the continued willingness of the in- progress towards Euro-Atlantic integration on the basis of ternational community and major donors to assume the the Peace Agreement, while recognizing the importance of political, military and economic burden of implementa- Bosnia and Herzegovina’s transition to a functional, reform- tion and reconstruction efforts will be determined by the oriented, modern and democratic European country, compliance and active participation by all the authorities Taking note of the reports of the High Representative, in Bosnia and Herzegovina in implementing the Peace including his latest report, of 2 November 2007, Agreement and rebuilding a civil society, in particular in Determined to promote the peaceful resolution of the full cooperation with the International Tribunal for the conflicts in accordance with the purposes and principles of Prosecution of Persons Responsible for Serious Violations the Charter of the United Nations, of International Humanitarian Law Committed in the Ter- Recalling the relevant principles contained in the Con- ritory of the Former Yugoslavia since 1991, in strengthening vention on the Safety of United Nations and Associated joint institutions, which foster the building of a fully func- Personnel of 9 December 1994 and the statement by its tioning self-sustaining State able to integrate itself into the President of 9 February 2000, European structures, and in facilitating returns of refugees Welcoming and encouraging efforts by the United Na- and displaced persons; tions to sensitize peacekeeping personnel in the prevention 3. Reminds the parties once again that, in accordance and control of hiv/aids and other communicable diseases with the Peace Agreement, they have committed them- in all its peacekeeping operations, selves to cooperate fully with all entities involved in the Taking note of the conclusions of the Ministers for For- implementation of this peace settlement, as described in eign Affairs and Ministers of Defence of the European the Peace Agreement, or which are otherwise authorized by Union at their joint meeting held on 14 and 15 May 2007, the Security Council, including the International Tribunal in which they reiterate that the European Union would re- for the Former Yugoslavia, as it carries out its responsibili- tain a military presence in the country as long as necessary, ties for dispensing justice impartially, and underlines that in order to continue contributing to the maintenance full cooperation by States and entities with the Tribunal of a safe and secure environment, includes, inter alia, the surrender for trial or apprehension Recalling the letters between the European Union and of all persons indicted by the Tribunal and the provision the North Atlantic Treaty Organization sent to the Security of information to assist in Tribunal investigations; Council on 19 November 2004 on how those organiza- 4. Emphasizes its full support for the continued role of tions will cooperate together in Bosnia and Herzegovina, the High Representative for Bosnia and Herzegovina in in which both organizations recognize that the European monitoring the implementation of the Peace Agreement Union Force will have the main peace stabilization role and giving guidance to and coordinating the activities of under the military aspects of the Peace Agreement, the civilian organizations and agencies involved in assist- Recalling also the confirmation by the Presidency of Bos- ing the parties to implement the Peace Agreement, and nia and Herzegovina, on behalf of Bosnia and Herzegovina, reaffirms that, under annex 10 of the Peace Agreement, including its constituent entities, of the arrangements for the High Representative is the final authority in theatre the European Union Force and the North Atlantic Treaty regarding the interpretation of civilian implementation of Organization Headquarters presence, the Peace Agreement and that, in case of dispute, he may Welcoming the increased engagement of the European give his interpretation and make recommendations, and Union in Bosnia and Herzegovina and the continued make binding decisions as he judges necessary on issues as engagement of the North Atlantic Treaty Organization, elaborated by the Peace Implementation Council in Bonn, Noting that Bosnia and Herzegovina has made very Germany, on 9 and 10 December 1997; limited progress towards the European Union and, in par- 5. Expresses its support for the declarations of the minis- ticular, towards the conclusion of a Stabilization and As- terial meetings of the Peace Implementation Council; sociation Agreement, despite the fact that the text of the 6. Reaffirms its intention to keep implementation Agreement has been finalized, and reiterating its call upon of the Peace Agreement and the situation in Bosnia and the authorities in Bosnia and Herzegovina to implement in Herzegovina under close review, taking into account the full their undertakings, as also confirmed in the declaration reports submitted pursuant to paragraphs 18 and 21 below, by the Steering Board of the Peace Implementation Council and any recommendations those reports might include, and of 31 October 2007, its readiness to consider the imposition of measures if any Determining that the situation in the region continues to party fails significantly to meet its obligations under the constitute a threat to international peace and security, Peace Agreement; Acting under Chapter VII of the Charter, 7. Recalls the support of the authorities of Bosnia and 1. Reaffirms once again its support for the General Herzegovina for the European Union Force and the con- Framework Agreement for Peace in Bosnia and Herze- tinued North Atlantic Treaty Organization presence and govina and the annexes thereto (collectively the “Peace their confirmation that both are the legal successors to the Agreement”), as well as for the Dayton Agreement on Im- Stabilization Force for the fulfilment of their missions for plementing the Federation of Bosnia and Herzegovina of the purposes of the Peace Agreement, its annexes and ap- Europe and the Mediterranean 395 pendices and relevant Security Council resolutions and can presence, the European Union Force, the European Union take such actions as are required, including the use of force, and the Political and Security Committee and Council of to ensure compliance with annexes 1-A and 2 of the Peace the European Union respectively; Agreement and relevant Council resolutions; 13. Expresses its intention to consider the terms of fur- 8. Pays tribute to those Member States which partici- ther authorization as necessary in the light of developments pated in the multinational stabilization force (the Euro- in the implementation of the Peace Agreement and the pean Union Force), and in the continued North Atlantic situation in Bosnia and Herzegovina; Treaty Organization presence, established in accordance 14. Authorizes the Member States acting under para- with its resolution 1575(2004) and extended by its reso- graphs 10 and 11 above to take all necessary measures to lutions 1639(2005) and 1722(2006), and welcomes their effect the implementation of and to ensure compliance with willingness to assist the parties to the Peace Agreement by annexes 1-A and 2 of the Peace Agreement, stresses that continuing to deploy a multinational stabilization force (the the parties shall continue to be held equally responsible for European Union Force) and by maintaining a continued compliance with those annexes and shall be equally subject North Atlantic Treaty Organization presence; to such enforcement action by the European Union Force 9. Welcomes the intention of the European Union to and the North Atlantic Treaty Organization presence as maintain a European Union military operation to Bosnia may be necessary to ensure implementation of those an- and Herzegovina from November 2007; nexes and the protection of the European Union Force and 10. Authorizes the Member States acting through or the North Atlantic Treaty Organization presence; in cooperation with the European Union to establish for 15. Authorizes Member States to take all necessary a further period of twelve months, starting from the date measures, at the request of either the European Union of the adoption of the present resolution, a multinational Force or the North Atlantic Treaty Organization Head- stabilization force (the European Union Force) as a legal quarters, in defence of the European Union Force or the successor to the Stabilization Force under unified com- North Atlantic Treaty Organization presence respectively, mand and control, which will fulfil its missions in rela- and to assist both organizations in carrying out their mis- tion to the implementation of annexes 1-A and 2 of the sions, and recognizes the right of both the European Union Peace Agreement in cooperation with the North Atlantic Force and the North Atlantic Treaty Organization presence Treaty Organization Headquarters presence in accordance to take all necessary measures to defend themselves from with the arrangements agreed between the North Atlantic attack or threat of attack; Treaty Organization and the European Union as commu- 16. Authorizes the Member States acting under para- nicated to the Security Council in their letters of 19 No- graphs 10 and 11 above, in accordance with annex 1-A of vember 2004, which recognize that the European Union the Peace Agreement, to take all necessary measures to en- Force will have the main peace stabilization role under the sure compliance with the rules and procedures governing military aspects of the Peace Agreement; command and control of airspace over Bosnia and Herze- 11. Welcomes the decision of the North Atlantic Treaty govina with respect to all civilian and military air traffic; Organization to continue to maintain a presence in Bosnia 17. Demands that the parties respect the security and and Herzegovina in the form of a North Atlantic Treaty freedom of movement of the European Union Force, the Organization Headquarters in order to continue to assist North Atlantic Treaty Organization presence and other in implementing the Peace Agreement in conjunction with international personnel; the European Union Force, and authorizes the Member 18. Requests the Member States acting through or in States acting through or in cooperation with the North At- cooperation with the European Union and the Member lantic Treaty Organization to continue to maintain a North States acting through or in cooperation with the North At- Atlantic Treaty Organization Headquarters as a legal suc- lantic Treaty Organization to report to the Security Coun- cessor to the Stabilization Force under unified command cil on the activity of the European Union Force and the and control, which will fulfil its missions in relation to the North Atlantic Treaty Organization Headquarters presence implementation of annexes 1-A and 2 of the Peace Agree- respectively, through the appropriate channels and at least ment in cooperation with the European Union Force in ac- at three-monthly intervals; cordance with the arrangements agreed between the North Atlantic Treaty Organization and the European Union as 19. Invites all States, in particular those in the region, communicated to the Security Council in their letters of to continue to provide appropriate support and facilities, 19 November 2004, which recognize that the European including transit facilities, for the Member States acting Union Force will have the main peace stabilization role under paragraphs 10 and 11 above; under the military aspects of the Peace Agreement; 20. Reiterates its appreciation for the deployment by 12. Reaffirms that the Peace Agreement and the pro- the European Union of its Police Mission to Bosnia and visions of its previous relevant resolutions shall apply to Herzegovina since 1 January 2003; and in respect of both the European Union Force and the 21. Requests the Secretary-General to continue to sub- North Atlantic Treaty Organization presence as they have mit to the Council reports from the High Representative, applied to and in respect of the Stabilization Force and that, in accordance with annex 10 of the Peace Agreement and therefore, references in the Peace Agreement, in particular the conclusions of the Peace Implementation Conference in annex 1-A and the appendices thereto, and in relevant held in London on 4 and 5 December 1996, and later Peace resolutions to the Implementation Force and/or the Sta- Implementation Conferences, on the implementation of the bilization Force, the North Atlantic Treaty Organization Peace Agreement and, in particular, on compliance by the and the North Atlantic Council shall be read as applying, parties with their commitments under that Agreement; as appropriate, to the North Atlantic Treaty Organization 22. Decides to remain seized of the matter. 396 Political and security questions

European Union missions and Herzegovina authorities to implement the stra- in Bosnia and Herzegovina tegic agreement with Europol and other eu mecha- nisms. On the matter of the professional relations EUPM between police and prosecutors, the eu Secretary- General noted that further improvement at all levels Report of EU Secretary-General. As requested of jurisdiction was still needed. The Mission noted by the Security Council in presidential statement an increase in jointly established and developed in- S/PRST/2002/33 [YUN 2002, p. 363], the eu Secretary- vestigative strategies and operational plans, as well General and High Representative for the Common as target-oriented investigative approaches. Those Foreign and Security Policy reported to the Council, investigative elements lacked the expertise on both through the UN Secretary-General, on the activities of the prosecutors’ and the police side. However, with the European Union Police Mission (eupm). mentoring from the Mission, steady improvements The report, covering the period 1 July to 31 De- were observed. The key problems continued to be the cember 2007 [S/2008/188], stated that the Mission lack of a clear and shared understanding about the continued to facilitate the police restructuring process respective roles, rights and obligations of prosecutors through its continued support and advice on the im- and police in accordance with the criminal procedure plementation and harmonization of the legal and regu- legislation. To enhance the process of adaptation to latory framework at State, entity, cantonal and Brčko the new criminal legal and procedural system, the District levels. It continued its engagement with senior Mission promoted joint police/prosecutor training police management and Ministers of the Interior at all modules through local judicial training institutions levels to improve police structures and legislation. The and supported joint training initiatives. Mission developed concepts relating to the independ- Attempts at political interference in police work ent selection and review boards, an improved inter- persisted in 2007. The Mission also had to address nal structure of the State Investigation and Protection demands for national balance in senior police man- Agency (sipa) and the integration of the Interpol Of- agement, while encouraging the domestic owners of fice into sipa as the International Police Cooperation the process to accept the basic principle that profes- Department. It also promoted the development of a sional criteria should prevail in police matters. Mis- Bosnia and Herzegovina–wide collective agreement sion inspection teams concluded two audits of the between police employers and trade unions. A col- storage by police of seized weapons and seized drugs. lective agreement for all levels, especially for sipa and Preliminary results showed problems relating to the the Border Police, was drafted by representatives of all lack of cooperation with the courts, which failed to trade unions. Moreover, the Mission, in coordination order the destruction of the seized items. The storage with the Special Representative/Office of the High areas were often inadequate, either insecure or with Representative and the eu Force mission in Bosnia and weapons and ammunitions stored together. Herzegovina (eufor), continued to monitor and raise On 31 December, the Mission numbered 421 staff concerns about the Republika Srpska Government de- (173 international police officers, 28 international civil- cision to establish a Public Company for the Security ian experts and 220 national staff). All 27 eu member of Persons and Property of the Republika Srpska. Fol- States and six non-eu States contributed to the Mission. lowing the intervention of the Head of Mission, the Brigadier General Vincenzo Coppola (Italy) was the Republika Srpska Minister of the Interior agreed to the Head of Mission/Police Commissioner; the Council participation of the Mission, eufor and the Special Rep- extended his appointment until 31 December 2008. resentative/Office of the High Representative in draft- ing the statute of the Company. However, in the light of concerns raised by the international community, in Police certification particular with regard to the role, remit and size of The decertification of police officers by the Interna- the Company, the Mission, the Special Representative/ tional Police Task Force (iptf) police reconstruction High Representative and eufor requested the Repub- process, instituted in 2001 [YUN 2001, p. 332], contin- lika Srpska to suspend the initiative until the outcome ued to be of concern to the Bosnia and Herzegovina of the police restructuring process. Only then would it authorities. The European Commission for Democ- be possible to evaluate how such a company would fit racy through Law had considered the matter in 2005 into Bosnia and Herzegovina’s security sector. and recommended that the United Nations review With regard to the fight against organized crime, the decisions that had denied certification to certain the Mission continued to be supported by the eu Co- officers[ YUN 2005, p. 464]. ordination Board. The Mission-eufor common op- In July, the Office of the High Representative made erational guidelines were reviewed in October. The a presentation to the Police Steering Board regarding Mission also put an emphasis on international police the 30 April letter from the Security Council President cooperation, in particular by assisting the Bosnia on decertified police officers, which stated that officers Europe and the Mediterranean 397 decertified or denied certification might be permitted In May, eufor, at the request of the International to apply for positions in law-enforcement agencies un- Criminal Tribunal for the Former Yugoslavia (icty), der certain conditions. The Steering Board, in a press conducted an operation against the home of Vojis- statement, indicated its readiness to further explain lav Topalovic, a suspected member of the Radovan the provisions of the letter to individuals denied certi- Karadžić support network [YUN 1995, p. 1314]. The fication byiptf . The letter, which had been forwarded operation was supported by the State Intelligence Pro- for implementation to all law enforcement agencies tection Agency (sipa), the State-level Bosnian police in the country, was discussed at a July meeting of agency. On 31 May, the Republika Srpska police ar- Federation police commissioners. rested Zdravko Tolimir, a war crime suspect indicted On 16 August, the Federation Minister of the Inte- by icty. At the request of the Tribunal, eufor trans- rior and the Police Director forwarded model amend- ported Mr. Tolimir from Banja Luka to Sarajevo, and ments to the Law on Police Officials to cantonal provided a security escort and medical support. In Ministries of the Interior and police commissioners June, at the request of icty, eufor conducted a search in order to initiate legal procedures for their adoption operation on the premises of the Karadžić family in in cantonal assemblies. The amendments were meant Pale, Republika Srpska. The operation was supported to enable former police officers denied certification by by nato headquarters in Sarajevo and was closely co- iptf to apply for vacant positions in law enforcement ordinated with the Tribunal. agencies in Bosnia and Herzegovina, under the condi- In the area of defence reform, the Tactical Support tions defined in the letter from the Security Council Brigade and the Air Defence Brigade of the Armed President. At State level, the amendments were still Forces of Bosnia and Herzegovina were activated, re- under consideration; in the Republika Srpska, they spectively, on 12 and 18 September. On 27 Septem- were incorporated into the draft law on police offi- ber, eufor handed over responsibility for demining to cials, which still had to be finalized; and in Brčko, the Bosnia and Herzegovina Ministry of Defence and they were adopted. the Armed Forces, with which it signed a memoran- dum of understanding on the donation of demining EUFOR equipment. In October, the final draft of the Law on Civilian Movement Control was handed over to the Theeu Force (eufor) mission in Bosnia and Herze- Legislative Committee of the Parliament of Bosnia govina executed the military aspects of the Peace Agree- and Herzegovina for comment. The law was one of ment in annexes 1-A and 2, which were transferred to the legal preconditions for the transfer of responsibil- it by nato in December 2004 . Its [YUN 2004, p. 401] ity for joint military affairs to the Armed Forces of activities were described in five reports, covering the Bosnia and Herzegovina. periods from 1 December 2006 to 28 February 2007 [S/2007/268], 1 March to 31 May [S/2007/490], 1 June to 31 August [S/2007/632], 1 September to 30 Novem- ber [S/2007/769] and 1 December to 29 February 2008 Serbia [S/2008/242], submitted by the eu Secretary-General and High Representative for the Common Foreign and The United Nations continued to assist the authorities Security Policy, in accordance with Security Council and people of the Kosovo province of Serbia in build- resolution 1575(2004) [YUN 2004, p. 401]. ing a multi-ethnic society. The United Nations Interim As at 30 November, eufor strength stood at 2,500 Administration Mission in Kosovo (unmik) led efforts, troops from 33 countries. along with the Kosovo authorities, in strengthening the In 2007, the eu reconfigured eufor, taking into Provisional Institutions of Self-Government, mainly account the security situation in the country as well as the Kosovo Assembly and the Kosovo Government, the impact on the regional security situation. Its new and in transferring authority to those institutions, in troop level was fixed at 2,500 troops, backed by over- accordance with the 2001 Constitutional Framework the-horizon reserves, ready to respond to any security for Provisional Self-Government [YUN 2001, p. 352]. It challenges and provide reassurance. The new struc- also monitored progress towards the fulfilment of the ture had its headquarters in Sarajevo, with liaison and standards set out in the 2003 “standards for Kosovo” observation teams deployed throughout Bosnia and document [YUN 2003, p. 420], under which Kosovo was Herzegovina. Eufor, which attained full operational expected to develop stable democratic institutions un- capability under the new structure on 28 April, con- der unmik administration before any decision could be tinued to conduct operations in line with its man- made on its future status. The standards also included date, as well as support Bosnia and Herzegovina law promoting human rights, establishing the rule of law, enforcement agencies in fighting organized crime in protecting minority rights, dialogue with Belgrade close cooperation with eupm. and the Kosovo Protection Corps (kpc). 398 Political and security questions

In February, the Secretary-General’s Special Envoy p. 472], submitted, on 2 February, a draft comprehen- for the future status process for Kosovo, Martti Ahti- sive proposal for the Kosovo status settlement to the saari, submitted a draft comprehensive proposal for political leaderships in Belgrade and Pristina. That was the Kosovo status settlement to the political leader- followed by intensive consultations with both parties ships in Belgrade (Serbia’s capital) and Pristina (Koso- from 21 February to 2 March. A meeting of the vo’s capital), which was followed by further intensive Serbian and Kosovo leaders was held in Vienna on consultations with both parties. In March, a meet- 10 March to discuss the proposal. ing of the Serbian and Kosovo leaders took place to Report of Secretary-General (March). The discuss the settlement proposal. However, the parties Secretary-General, in his March report on unmik were unable to make any additional progress. [S/2007/134], said that ��������������������������������the settlement proposal was gen- In April, following the Special Envoy’s briefing to erally well received by Kosovo Albanian leaders and the Security Council on his future status report and the public. However, radical Kosovo Albanian ele- settlement proposal, the Council undertook a mission ments and Kosovo Serbs both rejected the settlement to Kosovo and Belgrade in order to have an informed proposal, although for different reasons. Vetevendosje understanding of the political, social and economic (the Kosovo Albanian self-determination movement) situation in Kosovo. held, on 10 February, a protest against the plan, during In August, through an initiative of the Contact which two protesters died from rubber-bullet wounds. Group, a “Troika” comprising representatives of the That led to the resignation of the Minister of Internal European Union, the Russian Federation and the Affairs of the Kosovo Provisional Institutions of Self- United States was established to lead a period of fur- Government and the unmik Police Commissioner. ther negotiations on the future status of Kosovo. A Investigations into those deaths and of Vetevendosje final round of talks was held in November. After four were started. The Secretary-General said that, while months of intensive negotiations, the parties were un- there was little mainstream support for Vetevendosje, able to reach an agreement, as neither side was willing the continued lack of clarity on Kosovo’s status, which to yield on the basic question of sovereignty. hampered social, economic and political progress, cre- In November, elections were held for the Assembly ated a fragile environment, which was exploited by of Kosovo, as well as for 30 municipal assemblies, and radical elements. the new position of mayor for each of the 30 munici- The reaction to the status proposal by Kosovo palities. However, the Belgrade authorities called for Serbs, who continued to take very little part in Ko- a boycott of the elections. ���������������������������Kosovo Serb leaders contin- sovo political institutions, was to a large extent de- ued to be divided and were unable to agree whether to pendent on that of Belgrade. take a more active part in the Provisional Institutions. With the exception of the Vetevendosje-led dem- The Security Council was unable to finalize a resolu- onstration on 10 February and the 19 February explo- tion on the future status of Kosovo. sion in central Pristina that damaged three UN vehi- cles, the security situation remained generally calm. The Secretary-General expressed concern that radical Situation in Kosovo groups were likely to continue to exploit any public Communication. In a 3 January letter to the Secretary- dissatisfaction ensuing from the Special Envoy’s pro- General [A/61/668-S/2007/2], Serbia noted that the posals and the future status process, including delays talks on the resolution of the autonomous status of the in the process. There were strong concerns about the province of Kosovo and Metohija had not produced possibility of sudden and confrontational action by any concrete results. The fact that only one meeting radical political leaders north of the Ibar River and of the top-level representatives of the authorities from the reactions that it could provoke in the rest of Kos- Belgrade and the Albanian national minority in Ko- ovo. Some Kosovo Serb leaders had made statements sovo and Metohija had taken place indicated that an implying the possibility of unilateral initiatives in additional effort was called for and new energy was reaction to the decision on Kosovo’s future status. needed to make further headway. Serbia expected that In early 2007, preparations and planning intensi- in the period ahead serious talks would be arranged fied for the handover of unmik responsibilities at the to determine the future level and form of autonomy end of its mandate following a political settlement. The for the province. preparations were carried out through five technical Settlement proposal. Pursuant to his November working groups in the areas of the rule of law, govern- 2006 announcement [YUN 2006, p. 466] that settlement ance, civil administration, legislation, and economy proposals would be presented to the parties after 21 and property. Preparatory work also started on a post- January 2007, Martti Ahtisaari (Finland), the Special unmik constitutional arrangement and elections, al- Envoy for the future status process for Kosovo, ap- though without prejudice to an eventual political set- pointed by the Secretary-General in 2005 [YUN 2005, tlement. Planning was also initiated for a rapid and Europe and the Mediterranean 399 robust build-up of the future international authorities, with other languages having that status at the mu- which would ensure that no gaps arose in international nicipal level, the establishment of a joint commission political authority and capacity during the transition to facilitate cooperation with Serbia, the holding of period. In addition, the Office of the Special Envoy elections nine months after the entry into force of the held meetings in Vienna with unmik representatives, settlement, establishment of an International Steering the preparation team of the future International Ci- Group, which would appoint an International Civil- vilian Office, and the future European Security and ian Representative, with overall responsibility for the Defence Policy mission to brief them on the Office’s supervision of the process, the establishment of a Euro- proposals and to discuss implementation. pean Security and Defence Policy mission in the field Security Council consideration (March). On of the rule of law, and an International Military Pres- 19 March [meeting 5640], the Security Council met in ence to support implementation of the settlement pro- closed session to consider the situation in Kosovo. In posal. It also provided for a 120-day transition period upon the entry into force of the settlement. Annexed a communiqué issued the same day [S/ PV.5640], the Council indicated that its members held an exchange to the Comprehensive Proposal were implementation of views with Sanda Rašković-Ivić, President of the details relating to constitutional provisions, the rights Coordination Centre of the Republic of Serbia for of communities and their members, decentralization, Kosovo and Metohija. justice system, religious and cultural heritage, external debt, property and archives, security sector, interna- Comprehensive Proposal tional civilian representative, a European Security and Defence Policy mission, international security pres- for Kosovo Status Settlement ence and the legislative agenda. Report of Special Envoy. On 26 March The Secretary-General, in his transmittal letter, [S/2007/168], the Secretary-General, in accordance said that he fully supported both the recommenda- with Security Council presidential statement tions of the Special Envoy and the Comprehensive S/PR ST/2005/51 [YUN 2005, p. 471] and resolution Proposal for the Kosovo Status Settlement. 1244(1999) [YUN 1999, p. 353], submitted to the Coun- Report of Secretary-General (June). The Secretary- cil President the report of the Special Envoy on Koso- General, in his June report , stated that the vo’s future status . The Special [S/2007/395] [S/2007/168 & Add.1,2] future status of Kosovo continued to be the main po- Envoy stated that after a year of direct talks, bilateral litical issue for Kosovo’s political establishment and for negotiations and expert consultations, it had become representatives of all of its communities. Expectations clear that the parties were not able to reach an agree- remained high among Kosovo Albanians that Kosovo ment on Kosovo’s future status. Belgrade demanded would become independent in the near future. The Kosovo’s autonomy within Serbia, while Pristina Kosovo Unity Team, which represented Kosovo Alba- would not accept anything short of independence. nian political parties from both the Government and The potential for any mutually agreeable outcome was the opposition, participated in the negotiations held therefore exhausted. Nevertheless, resolution of the is- in Vienna (see p. 398) with the Belgrade negotiating sue was urgently needed. Return of Serbian rule over team, and continued its outreach activities to all Kos- Kosovo would not be acceptable to the overwhelming ovo communities to explain the settlement proposal, as majority of the people of the territory. Belgrade could not regain its authority without provoking violent re- well as efforts to garner international support for Ko- action, and autonomy of Kosovo within the borders sovo’s independence. While it was evident that most of Serbia, however notional, was simply not tenable. Kosovo Albanians looked forward to the resolution of Furthermore, while unmik had made considerable Kosovo’s status with confidence and anticipation, most achievements in Kosovo, international administra- Kosovo Serbs viewed the process with apprehension. tion in the territory could not continue. After careful Following the Special Envoy’s briefing to the Se- consideration of the issues involved and current real- curity Council on his future status report and settle- ity, he had therefore come to the conclusion that the ment proposal on 3 April (see p. 400), the Council only viable option for Kosovo was independence, to undertook a mission to Kosovo and Belgrade from be supervised for an initial period by the international 25 to 28 April (ibid.) to gain first-hand information community. The Comprehensive Proposal set out the on progress made in Kosovo since the adoption of international supervisory structures, and provided the resolution 1244(1999). foundations for a future independent Kosovo that was On 5 April, the Assembly of Kosovo, meeting in ex- viable, sustainable and stable, and in which all commu- traordinary session, approved a declaration in support nities could live a peaceful existence. Its general princi- of the Special Envoy’s future status report and settle- ples provided for, among other things, the drafting of ment proposal. No Kosovo Serb Assembly member a Constitution, institution of a free market economy, attended the session. The declaration welcomed the the use of Albanian and Serbian as official languages, report’s recommendation on status, stating that it rep- 400 Political and security questions resented “a fair and balanced solution in accordance Visoki Dečani monastery in Dečani municipality on with the will of the people of Kosovo”. The Assem- 30 March, and the attempted assassination on 28 Feb- bly further committed itself to full implementation ruary and 12 April of the head of the Telecommu- of the settlement proposal, and pledged, if endorsed nications Regulatory Agency of Kosovo. Thanks to by the Security Council, that it would be considered swift action by kps, three suspects were immediately “legally binding” for Kosovo. Assembly members also arrested in connection with the April assassination welcomed and pledged cooperation with the interna- attempt. tional civilian and security presences envisaged in the Security Council consideration (April). In a settlement proposal. On 14 April, Unity Team mem- closed session on 3 April [meeting 5654] on the situa- bers signed a declaration agreeing to remain united tion in Kosovo, Council members were briefed by during the 120-day transition period envisaged in the Mr. Ahtisaari. They also heard statements by Vojis- settlement proposal. lav Koštunica, Prime Minister of Serbia, and Joachim The Secretary-General noted that, while Kosovo Rücker, the Secretary-General’s Special Representative Serb political leaders continued their near-total politi- and head of unmik, who spoke in part on behalf of cal boycott of Kosovo’s central institutions, a number Fatmir Sejdiu, the President of Kosovo. of Kosovo Serb political actors who sought a more engaged approach entered the political arena. New Security Council mission to Kosovo Kosovo Serb political parties were established, some On 19 April [S/2007/220], the Security Council Pres- of which advocated that, irrespective of Kosovo’s fu- ident informed the Secretary-General that the Council ture status, the Kosovo Serb community should re- had decided to send a mission to Belgrade and Kosovo main in Kosovo and should participate in its future from 25 to 28 April, headed by Johan C. Verbeke (Bel- institutions. While those parties were small and had gium). The mission, which would also visit Brussels limited influence, the Secretary-General noted that and Vienna, would allow Council members to have such development reflected a growing concern among an informed understanding of the political, social and some Kosovo Serbs that the continued boycott of economic situations in Kosovo. The mission’s objec- Kosovo’s institutions was counter-productive and tive would be: to obtain information on progress made did not address their practical needs. since the adoption of Council resolution 1244(1999) During the reporting period, although the number [YUN 1999, p. 353], including the implementation of of serious inter-ethnic incidents remained low, the po- agreed standards; and receive information from the litical uncertainty surrounding the status determina- leadership of Serbia and the Provisional Institutions for tion process continued to have a negative effect on Self-Government of Kosovo and from representatives perceptions of security within the Kosovo Serb com- of Kosovo’s ethnic minority communities, as well as munity. In March, rallies organized by the Kosovo from representatives of the international community. Albanian self-determination movement Vetevendosje, Report of Security Council mission. In the re- in protest against the current status determination port on its activities and conclusions [S/2007/256], the process, registered low attendance and were held mission stated that in Belgrade it met with the Prime peacefully. That stood in sharp contrast to the Feb- Minister and President of Serbia, and members of the ruary demonstration organized by Vetevendosje (see Negotiating Team. In Pristina, it met with the Kosovo p. 398). The change in the nature of the Vetevendosje Team of Unity, including the Prime Minister and Pres- demonstrations could be attributed to outreach efforts ident, as well as ministers of the Kosovo Provisional by unmik police and the Kosovo Police Service (kps) Government, the Speaker of the Kosovo Assembly, to rally organizers, and the continued detention of leaders of the Assembly political groups, Kosovo Serb Vetevendosje’s leader, as well as steps forward in the representatives, and representatives of other communi- future status process. The publication of an interim ties. In northern Mitrovica, it met with representatives report by the international prosecutor in charge of of the Kosovo Serb community. investigating the violence surrounding the Febru- In its conclusions, the mission remarked that the ary demonstration, as well as the announcement overall security situation remained calm but tense. by unmik police that an internal review would be While the Kosovo Albanian community was confident undertaken, did much to defuse tensions. The rela- about the future, the Kosovo Serb community was ap- tive calm was also attributable to a perception by the prehensive about its prospects. The two communities population that, as long as there was a clear forward remained divided and lived to a large extent separate momentum in the status determination process, there from each other. The process of full reconciliation and was no need to support more radical political options effective integration would require a long-term com- promoted by groups such as Vetevendosje. mitment by all stakeholders, but the commitment and Notwithstanding the general calm, two high- readiness by Kosovo’s political leaders to build Kosovo profile incidents took place: a grenade attack on the for all its communities were encouraging. Europe and the Mediterranean 401

Despite the progress the Provisional Institutions of placed persons. According to the Belgrade authorities, Self-Government and unmik had made in implement- only 2 to 5 per cent of the internally displaced persons ing the standards for Kosovo, more had to be done in had been able to return since 1999. The issue of return that regard. The Provisional Institutions expressed was also regularly raised during the mission’s visit to their commitment to strengthening the implementa- Kosovo. Its complex nature was further illustrated tion of the standards, in particular those relating to during field trips to Svinjare and Brestovik. the conditions of life of the minority communities. In Pristina, the mission met with a broad spectrum The mission pointed out that the return of inter- of actors, both international and local. The Secretary- nally displaced persons remained a critical element in General’s Special Representative underlined that the implementation of resolution 1244(1999), as the unmik had achieved everything that was achievable, number of sustainable returns continued to be very and further progress was dependent on a resolution low, due to complicated return procedures, lack of eco- of Kosovo’s status. That assessment was echoed by nomic prospects, difficulties associated with freedom the representatives of the Kosovo Unity Team, in- of movement and security concerns. Opposing views cluding President Sejdiu and Prime Minister Agim existed as to whether a solution to the status of Kosovo Çeku. They expressed their unanimous support for would facilitate or hinder the returns process. the settlement proposal and status recommendation, The mission also noted that the positions of the and stressed their commitment to implement them sides on the Kosovo settlement proposal remained far in their entirety. They underlined that Kosovo was apart. The Belgrade authorities and the Kosovo Serb committed to a multi-ethnic State whose goal would interlocutors remained firmly opposed to the settle- be integration into Euro-Atlantic structures. A similar ment proposal and rejected a solution that would en- message was expressed by the ministers of the Ko- tail any form of independence. All called for a solution sovo Government, Assembly leaders and minority based on genuine compromise, to be reached through community leaders. For Kosovo Serb representatives, further negotiations. There was recognition, however, however, and Kosovo Serbs in northern Mitrovica, that the status quo was not sustainable. On the other independence was clearly not an option. hand, Kosovo Albanian representatives and those of The head of the mission said that the concrete real- non-Serb communities expressed unambiguous sup- ity of the Kosovo issue had become clear, more than port for the settlement proposal and recommendation before, instead of being a rather abstract problem. The on Kosovo’s future status. commitment and readiness conveyed by Kosovo’s po- The mission underscored the importance, stressed litical leaders to build a multi-ethnic Kosovo for all its by many, of promoting a European perspective for communities was encouraging. The creation of such the region, including for Kosovo, which could provide a multi-ethnic society would, however, require sub- direction for future political and economic develop- stantial effort. ment, and contribute to the consolidation of stability With regard to status, the positions of the sides in Kosovo and the region as a whole. on the settlement proposal remained far apart, but Security Council consideration (May). On 2 expectations among the majority Kosovo Albanian population for an early resolution of Kosovo’s future May [meeting 5672], the Security Council was briefed by Mr. Verbeke, the head of the Security Council mission status were very high. on the Kosovo issue. He said that, in his consultations The Council considered the report of the mission in Brussels, the mission noted the full support of both on 10 May [meeting 5673]. The head of the mission said nato and the eu for������������������������������� Mr. Ahtisaari’s recommenda- that he was confident that the first-hand information tions and settlement proposal and their preparedness which the Council had received during the mission to assume their responsibilities in the framework of would enable it to live up to its responsibilities and take Kosovo’s future status. Planning in that regard was an informed decision on the issue. ongoing, but would not prejudge the final outcome of Communications. On 25 May [A/61/927- the future status process. The representatives of both or- S/2007/312], Serbia transmitted to the Secretary- ganizations stressed that the final decision on the status General a document entitled “Initiative of the Republic of Kosovo should be endorsed by a Council resolution of Serbia to Commence a New Stage of Negotiations under Chapter VII of the UN Charter. on the Status of Kosovo and Metohija”. Objecting to In Belgrade, the mission’s main interlocutors the manner in which the negotiations relating to the firmly rejected the settlement proposal. Arguing for Comprehensive Status Settlement Proposal for Ko- substantial autonomy for Kosovo within Serbia un- sovo was conducted, Serbia called for new negotiations der international supervision, they called for further with the Provisional Institutions of Self-Government negotiations. Another recurring theme was the lack in Kosovo and Metohija so that a compromise solution of full implementation of resolution 1244(1999), in could be reached. Such a solution, together with in- particular with regard to the return of internally dis- ternational mediation, could guarantee the long-term 402 Political and security questions stability of the region and fulfil the conditions for National Council North announced its intention to economic and social development. boycott the elections, while the Serb List for Kosovo and Metohija hoped to participate. A promising sign In another communication, of 10 July [S/2007/427], Serbia transmitted its comments on the Secretary- was the emergence of a number of new Kosovo Serb General’s June report on unmik, and a chronology of parties favouring participation in the political process, the atrocities committed against Serbs in Kosovo and including in the elections. Metohija from March 2005 to July 2007. The Secretary-General noted that the participation Draft Security Council resolution. After the of Kosovo Serbs in the political process and in the mission’s return, the Council held a ��������������number of con- Provisional Institutions at the central level remained sultations on the Kosovo status issue, on 22 June and minimal. Despite a willingness by the Kosovo Prime 16 and 20 July, based on several versions of a draft Minister to appoint a Kosovo Serb as Minister of Ag- resolution introduced by Belgium, France, Germany, riculture, a post reserved for Kosovo Serbs that had Italy, the United Kingdom and the United States. remained vacant since late 2004, no such appoint- The draft resolution was modified in an attempt to ment had been made because Kosovo Serb political respond to Council members’ positions; however, no leaders were unable to agree on a candidate. agreement could be reached and the sponsors decided During June to August, there was a discernible un- to suspend work on the draft. derlying volatility in Kosovo, accentuated by the disap- Report of Secretary-General (September). The pointment of the people of Kosovo at the prolongation overriding political focus in Kosovo from June to Au- of the future status process. Both the Kosovo Alba- gust, said the Secretary-General in a September report nian self-determination movement, Vetevendosje, and the War Veterans Association reacted strongly to the [S/2007/582], ���������������������������������������was on the Security Council’s delibera- tions on a new resolution on Kosovo. The Kosovo Al- prolongation. Two notable demonstrations took place, banian community and its leadership expressed disap- including a Vetevendosje rally on 30 June against the pointment when the Council failed to adopt a new status process, attended by about 400 people in Pristina. resolution. As a��������������������������������������� result, �����������������������������the Unity Team came under in- On 28 June, during the annual Vidovdan celebrations, creasing pressure for not having achieved results on the the Serb National Council organized a rally of Serbs independence of Kosovo. Following the launch of the against the independence of Kosovo. Troika-led negotiations (see p. 403), the Unity Team While the number and gravity of ethnically moti- presented to the Assembly of Kosovo seven principles vated incidents remained relatively low, incidents of for its participation in those negotiations. violence and vandalism targeting cultural and reli- The ongoing status negotiations continued to be at gious sites continued, especially in ethnically mixed the centre of the political process, as political parties areas. Further signs of simmering tensions were evi- and the population as a whole became increasingly denced by several cases of assault on ethnic-minority focused on elections. With the mandates of the As- Kosovo police officers. Significant arms caches, one sembly of Kosovo and the municipal assemblies set of them reportedly connected to the illegal Albanian to expire in November and December, respectively, National Army, were also discovered. elections had to be held. On 16 August, after careful In June, the Special Prosecutor appointed by the consideration and consultations with relevant stake- Special Representative to investigate the deaths and holders in Kosovo and with representatives of the in- wounding of protesters during the 10 February Vete- ternational community and the Organization for Se- vendosje demonstration (see p. 398) presented his curity and Cooperation in Europe (osce) in Pristina, recommendations, focusing on standards for the use the Special Representative authorized the Kosovo of force, questions involving the ammunition used Central Election Commission to start technical prep- in the incident, issues of command and supervision, arations for the elections, to be held on 17 November. and issues surrounding the authorization to deploy On 29 August, key regulations for holding elections rubber bullets. The Special Prosecutor recommended were promulgated. The Election Commission adopted a thorough review of the use of such bullets in UN rules specifying legal, financial and technical require- peacekeeping missions. As a result, the unmik Po- ments for the certification process. The Special Rep- lice Commissioner banned their use and ordered all resentative secured agreement with the members of such munitions to be removed from the armaments of the Unity Team that they would remain united and unmik police. engage constructively and in good faith in the Troika- Communications. In an 11 October letter led talks, notwithstanding the upcoming elections. It [S/2007/606], Serbia took issue with the Special Repre- was agreed that if the election process risked delay- sentative’s observations, as stated in the Secretary- ing the status determination process or the Troika-led General’s September report. With regard to the negotiations, the Special Representative would retain elections, Serbia stated that the leading political par- executive authority to postpone the elections. The Serb ties that appealed to the greatest number of Serbs and Europe and the Mediterranean 403 had the greatest influence on the Serbian population of displaced persons. Belgrade and Pristina also reaf- in Kosovo and Metohija had decided not to take part firmed the centrality of their European perspective to in the elections in the light of announcements by the their future relations, and the desire to seek a future Kosovo Albanian politicians that they would declare within the eu. the independence of Kosovo after 10 December. Annexed to the report were the Secretary-General’s 1 August statement on the new period of engagement Troika-led negotiations on Kosovo; a list of Troika meetings; the 27 Septem- On 1 August, the Secretary-General issued a state- ber statement by Contact Group ministers; the Vienna non-paper; the 28 September New York Declaration ment [SG/SM/1111] welcoming the agreement of the Contact Group (France, Germany, Italy, Russian Fed- by the parties; the principal conclusions of the Troika’s eration, United Kingdom, United States) on modalities assessment of negotiations; and the Troika 28 Novem- for further negotiations between Belgrade and Pristina ber press communiqué on the Baden conference. during a new period of engagement. That effort would Communication. The eu Presidency, on 17 De- be led by a “Troika” comprising representatives of the cember [S/2007/743], transmitted to the Security Coun- eu, the Russian Federation and the United States, with cil the “European Council Presidency Conclusions on support from the United Nations. On 30 August, the Kosovo”, adopted in Brussels on 14 December. The Troika held proximity talks in Vienna with Serbian European Council expressed its gratitude to the Troika and Kosovo delegations. Prior to those talks, the Troika for its tireless efforts to secure a negotiated settlement held its first meeting with the Serbian Government on of the status of Kosovo, but regretted the inability of 10 August and with the Kosovo Unity Team on 11 and the parties to reach an acceptable settlement. It agreed 12 August. A final round of talks was held from 26 to with the Secretary-General that the status quo was un- 28 November, following which the Troika submitted sustainable and stressed the need to move towards a its report on the period of futher engagement between settlement. The European Council noted that the UN the two sides to the Secretary-General. Security Council would address the issue in Decem- ber and declared its readiness to play a leading role in On 10 December [S/2007/723], the Secretary- General transmitted the report to the Security Coun- strengthening stability in the region and in implement- cil. The objective of the Troika-led negotiations, the ing a settlement defining Kosovo’s future. It would also report stated, was to facilitate an agreement between assist Kosovo in the path towards sustainable stability, the parties. The parties had discussed a wide range of including by the European Security and Defence Pol- options, such as full independence, supervised inde- icy mission, and contribute to an international civilian pendence, territorial partition, substantial autonomy, office as part of the international presences. It invited confederal arrangements and even a status silent “agree- the eu General Affairs and External Relations Council ment to disagree”, in which neither party would be to determine the modalities and timing of the mission, expected to renounce its position but would nonethe- and requested the eu Secretary-General/High Repre- less pursue practical arrangements to facilitate coop- sentative to prepare the mission, in consultation with eration and consultation. Other international models, the authorities in Kosovo and the United Nations. such as Hong Kong, the Å��������������������������land������������������������� Islands and the Com- Security Council consideration. The Security monwealth of Independent States, were discussed, but Council met in closed session on 19 December [meet- none proved to be an adequate basis for compromise. ing 5811] to discuss the situation in Kosovo. It invited to The face-to-face negotiations between the parties were participate the representatives of Albania, Argentina, concluded at a high-level conference (Baden, Austria, Armenia, Austria, Azerbaijan, Belarus, Bosnia and 26-28 November) where the parties were again en- Herzegovina, Brazil, Bulgaria, Canada, Cuba, Cyprus, couraged to find a way out of the deadlock. the Czech Republic, Denmark, Finland, Germany, After 120 days of intensive negotiations, the parties Greece, Hungary, Iceland, Japan, Latvia, Liechten- were unable to reach an agreement on final status. stein, Moldova, Montenegro, Morocco, New Zealand, Neither one was willing to cede its position on the Norway, Pakistan, Poland, Portugal, Romania, Serbia, fundamental question of sovereignty. While differ- Slovenia, Spain, Sweden, Switzerland, the former Yu- ences between the parties remained unchanged, the goslav Republic of Macedonia, Turkey and Ukraine. It Troika was able to extract important commitments also invited Kosovo President Fatmir Sejdiu to partici- from them. They both pledged to refrain from ac- pate. Council members, the Prime Minister of Serbia tions that might jeopardize the security situation in and Mr. Sejdiu had an exchange of views. Kosovo or elsewhere and not to use violence, threats Report of Secretary-General. The Secretary- or intimidation. The parties agreed on the need to General, in a later report on developments in Kosovo promote and protect multi-ethnic societies and ad- [S/2007/768], commended the Troika for its efforts to dress difficult issues holding back reconciliation, par- facilitate intense and substantive discussions between ticularly the fate of missing persons and the return Belgrade and Pristina and expressed regret that sub- 404 Political and security questions stantial differences remained. He observed that ex- as being in compliance with international and Euro- pectations in Kosovo remained high that a solution pean standards. The turnout was 42.8 per cent. On to Kosovo’s future status should be found rapidly, and 5 December, the results of the elections for the As- that the status quo was not likely to be sustainable. sembly, which saw the Democratic Party of Kosovo He noted that, should the impasse continue, events win 34.2 per cent of the vote, were certified by the on the ground could take on a momentum of their Special Representative. Twenty-three mayoral contests own, putting at risk the achievements and legacy of the went to a second round of voting, which was held on United Nations in Kosovo. He stressed that moving 8 December. The municipal-level results were certified forward with a process to determine Kosovo’s future on 19 December. On 12 December, President Sejdiu status should remain a high priority for the Security nominated the leader of the Democratic Party of Ko- Council and the international community. sovo, Hashim Thaçi, to form a Government. Six of the The Secretary-General noted the steady progress in eight Kosovo Serb political parties that participated all substantive areas of standards implementation, the in the elections gained the 10 seats reserved for par- 14 December eu conclusions on Kosovo (see p. 403) ties representing Kosovo Serbs in the Assembly. In the and its expressed readiness to play an enhanced role. three northern municipalities affected by the Kosovo The Secretary-General acknowledged a nato com- Serb boycott of the elections, the existing municipal mitment, expressed at its 7 December ministerial assemblies would continue on a provisional basis for six meeting, that kfor should remain in Kosovo, that months. In the two southern municipalities, Kosovo national force contributions would be maintained at Serb representatives would be appointed to municipal current levels, and that nato would respond resolutely assemblies in proportion to the local population their to attempts to endanger the safety of any inhabitant community represented. of Kosovo. The Secretary-General said that the low participa- The new draft European Partnership for Kosovo tion of Kosovo Serbs in the elections was regretta- had been published by the European Commission ble and highlighted, once again, the feeling of many and would be finalized in early 2008. The new Part- members of the Kosovo Serb community, particularly nership would be accompanied by a new European those living in northern Kosovo, that they were not Partnership action plan, which the Government represented by Kosovo’s Provisional Institutions. He would prepare by April 2008. The Agency for Euro- urged the Kosovo Serb political representatives, as pean Integration within the Prime Minister’s Office well as the Belgrade authorities, to encourage Ko- had formulated proposals to reform reporting, im- sovo Serbs to participate constructively and actively plementation and coordination mechanisms in rela- in Kosovo’s institutional life. At the same time, he tion to integration within the eu. The lead role of the stated that Kosovo’s Government and political leaders Agency ensured full local ownership of the process should continue to reach out to the Kosovo Serb and and marked the successful merger of the standards other minority communities. process with the European integration process, which would continue to guide Kosovo. At a meeting of the Progress on standards implementation Stabilization and Association Process Tracking Mech- The Secretary-General transmitted to the Secu- anism on 7 November, the European Commission rity Council the technical assessments of progress in presented the 2007 progress report on Kosovo. The implementing the standards for Kosovo (functioning report referred to the eu enlargement strategy, which democratic institutions, rule of law, freedom of move- stressed the need to reach a status settlement without ment, returns and integration, economy, property further delay in order to permit Kosovo’s political and rights, cultural heritage, dialogue with Belgrade, and economic development and ensure regional stability. the Kosovo Protection Corps), which it had to meet to comply with Council resolution 1244(1999) [YUN Kosovo elections 1999, p. 353], the Constitutional Framework for Provi- Report of Secretary-General. In his report cov-cov- sional Self-Government [YUN 2001, p. 352], the origi- ering events during September to mid-December nal standards/benchmarks statement endorsed by the Council in presidential statement S/PRST/2002/11 [S/2007/768], the Secretary-General said that elections were held ����������������������������������������in Kosovo on 17 November for�������������� the Assem- [YUN 2002, p. 369] and the 2004 Kosovo Standards Im- bly of Kosovo, 30 municipal assemblies and the new plementation Plan [YUN 2004, p. 408]. The assessments, position of mayor for each of the 30 municipalities. prepared by the Special Representative, were annexed The elections were organized under unmik authority to the Secretary-General’s four reports to the Coun- by Kosovo’s Central Election Commission, in close co- cil on unmik covering 2007 [S/20007/134, S/2007/395, operation with osce. The elections took place without S/2007/582, S/2007/768]. incident, following a generally fair and calm campaign Functioning democratic institutions. Progress period, and were confirmed by the Council of Europe was achieved in the establishment and consolidation of Europe and the Mediterranean 405 a number of independent agencies. The consolidation Local institutions continued to assume additional of the Independent Media Commission continued; judicial responsibilities. The Ministry of Justice however, the implementation of the law governing continued efforts to finalize an agreement with the the Commission and secondary-level legislation did Ministry of Health on the transfer of responsibility not progress. The civil service Independent Oversight for missing persons and forensics. A memorandum Board was functioning, but a mechanism was needed of understanding between unmik, the eu and the to enforce its rulings and recommendations and to United States on funding and implementation of the finalize its establishment as an independent body. vetting process for judges and prosecutors was under On 24 March, the Government adopted a public consideration. administration reform strategy and action plan. The The Special Prosecutor’s Office became operational. implementation of the law on languages continued Six special prosecutors were in place, including one with the adoption of administrative instructions set- woman and one member of an ethnic minority group. ting out the composition and competencies of the In June, the international prosecutor appointed by the Language Commission and the administrative sanc- Special Representative to investigate the deaths and tions to be imposed in cases of violation. The Min- serious wounding of protesters during the 10 February istry of Public Services and the Ministry of Local Vetevendosje demonstration (see p. 398) submitted Government Administration continued to monitor his second report. In July, the Legal Aid Commission, language compliance at the central and local levels, an independent body responsible for the provision of respectively. The Kosovo Institute for Public Admin- free legal assistance, was established. istration conducted training sessions for some 60 The Anti-Corruption Agency became operational interpreters and translators. Except in the Serb-run in February, and several corruption cases were brought northern municipalities and the mono-ethnic Ko- to the attention of police and the judiciary. However, sovo Albanian municipalities, signs outside municipal ministries had yet to appoint vigilance officers to im- buildings generally appeared in all official languages. plement the anti-corruption action plan. However, the defacing of place names on road signs Freedom of movement. In 2007, no crimes re- was quite common, and officials usually took correc- lated to freedom of movement were reported to the tive action only at the behest of unmik. Seven out police. Nevertheless, some members of all communi- of nine administrative instructions required to im- ties continued to remain largely within or to travel plement the Law on the Use of Languages had been between areas where they were in the majority. In adopted. August, in a sign of an improvement of freedom of movement, 32 football teams participated in a multi- Against a background of budgetary constraints ethnic tournament in the Bosniac-inhabited village and pressure from the Government of Serbia, the par- of Rečane. Traditional Catholic ceremonies in hon- ticipation of Kosovo Serbs in the civil service had not our of the “Black Virgin’’ of Letnica and Vitina were shown any significant improvement. Following Bel- also held in the same month, with over 20,000 people grade’s call for them to choose between the Serbian participating. A commercial bus service connecting and Kosovo payroll, most Kosovo Serb civil servants Gracanice to Kosovo Serb villages north of Pristina left the Kosovo payroll. As at December, 462 indi- was launched in June, with the support of the mu- viduals had been reinstated at their own request and nicipality. had received their accumulated salaries. Returns and reintegration. The United Nations Rule of law. In February, a strategy to identify High Commissioner for Refugees (unhcr) estimated and reduce civil case backlogs (including those related that, as at 30 November, 1,561 minority community to property cases) and to prevent future backlogs was members had returned in 2007, with the highest developed by a group of international and local stake- number of returns in the regions of Mitrovica and holders. In March, the Kosovo Judicial Council ap- Gnjilane. The total number of minority returnees since proved the new allocation of 326 judicial positions for 2000 was estimated at 17,697. In a major step towards the supreme, district, municipal and minor offences the creation of a comprehensive repatriation-related courts. A number of judicial staff had been transferred policy and operational framework, the Government from low-volume to high-volume courts as part of the approved, on 31 October, a readmission policy, includ- process. Legislation on witness protection was await- ing operational procedures. Earlier, on 10 October, it ing finalization. With United States and United King- had approved a reintegration strategy to manage and dom support, all district courts were equipped with support forced returnees or persons repatriated to Ko- a witness protection system that would improve the sovo from host countries. That readmission policy and ability of the justice system to conduct investigations the relevant procedures would facilitate the smooth and prosecutions in a variety of sensitive cases with handover of readmission functions from unmik to the protected witnesses. Ministry of Internal Affairs. 406 Political and security questions

The Ministry of Communities and Returns took ments. In another case, the Kosovo police refused to an increasing leadership role in the returns process, provide assistance to the Kosovo Property Agency in including participation in municipal working groups evicting a high-level municipal official. Consequently, and project implementation. The Ministry made on 2 August, unmik temporarily suspended the imple- progress in the area of financial management, and mentation of the Commission’s decisions. The decision became increasingly engaged in project management was repealed on 8 August after the Provisional Institu- and implementation, as well as policy-related matters. tions reaffirmed their commitment to implement all However, the lack of technical expertise hampered the decisions, including the most difficult ones. delivery of timely results. Moreover, the lack of fund- To address the judicial backlog of property-related ing remained the most important obstacle to returns, cases, the Ministry of Justice initiated a series of meet- with the funding gap standing at €16.5 million for ings with the Supreme Court President on court 21 organized return projects. The lack of financial processing of property claims, including claims for resources discouraged municipalities and internally damages against the Kosovo Force and unmik. The displaced persons from engaging in new dialogue on Supreme Court President promised to review one case returns and project development. and to issue a Supreme Court opinion on the topic to Economy. On 8 November, the Economic and serve as guidance for municipal and district courts. A Fiscal Council endorsed the draft Kosovo budget for strategy to reduce backlog of property cases in courts, 2008, totalling €1,027 billion, the first time that the drafted by the Organization for Security and Coopera- budget had exceeded €1 billion. However, budget ex- tion in Europe (osce), in consultation with relevant ecution remained slow, with the Ministry of Finance stakeholders, was also completed and circulated for and Economy reporting an overall spending rate of comments. 64.5 per cent of annual appropriations up to Novem- Cultural heritage. The Ministry of Culture, ber and a capital spending rate of 43 per cent of the Youth and Sports established a group of experts to annual budget during the same period. In line with prepare drafts for the 14 sub-laws necessary to im- the recommendations of the International Monetary plement the cultural heritage law. At workshops held Fund (imf), the Government committed itself to re- with Council of Europe experts in April and May, ducing the number of civil service staff by 400 during it was agreed to merge some provisions so that only 2008 and rejected the draft Law on Pension and Inva- seven sub-laws instead of 14 would be necessary. A lidity Insurance due to the fiscal risks it posed. draft proposal on the composition and terms of refer- The draft law to amend the law on public procure- ence of the Kosovo Cultural Heritage Council was ment was adopted by the Assembly on 8 February and presented to the Commission on Culture of the Ko- promulgated on 13 June. Thirty waves of privatization sovo Assembly for discussion. were launched by the Kosovo Trust Agency, with 545 On 19 June, a delegation from Pristina comprising new companies derived from the sale of assets of 312 representatives of unmik, the Council of Europe and socially owned enterprises. A total of 335 sales con- the Chairwoman of the Reconstruction Implementa- tracts had been signed and an additional 156 were tion Commission met with the newly appointed Min- pending signature. In November, the Kosovo Trust ister of Culture in Belgrade, who promised full coop- Agency Board of Directors approved the incorpora- eration from the Ministry and immediately nominated tion plan for seven waste enterprises and three irriga- a new Serbian representative to the Commission. tion enterprises, the final phase in the incorporation The Reconstruction Implementation Commission of publicly owned enterprises. The revenue collection met on 21 June and resumed its activities in July after figures for the Kosovo Energy Corporation showed a five-month hiatus. Two meetings of the Commis- some improvement, as a result of better control of sion were held in July and August, with the participa- disconnections and increased metering. tion of the newly appointed Serbian representative. Indicators for measuring tax compliance were es- In 2007, the Kosovo police recorded 78 incidents tar- tablished to monitor trends in areas such as requests geting cultural heritage sites, including vandalism, at- for value-added tax refunds and enforced collection. tempted arson and theft. Over 2,000 regular patrols and Property rights. In June, the Housing and Prop- visits by the Kosovo police to religious and cultural sites erty Claims Commission was officially replaced by the continued every week. The police also increased surveil- new Kosovo Property Claims Commission, which ad- lance and patrolling of religious sites in all regions since judicated all 29,160 cases received. The Kosovo author- November. On 16 November, the Kosovo Government ities encountered difficulties in implementing some of approved the allocation of €50,000 to provide additional the decisions of the Commission. In the municipality security measures for the sites considered most vulner- of Kline/Klina, local authorities opposed the eviction able by the Serbian Orthodox Church. The Ministry of premises used by the municipality as a youth centre, of Culture, Youth and Sports also approved funding alleging that the successful claimant used forged docu- for the cleaning of two Jewish cemeteries in Pristina. Europe and the Mediterranean 407

In September, the Prime Minister signed an adminis- United Nations); institution-building (led by osce); trative instruction temporarily prohibiting construction economic reconstruction (led by the eu); humani- in cultural and religious heritage protective zones. tarian affairs (led by unhcr); and police and justice Dialogue with Belgrade. Direct dialogue with (led by the United Nations). Unmik was headed by Belgrade continued during the year. In April, the Miss- the Special Representative of the Secretary-General, ing Persons Working Group held an ad hoc session in Joachim Rücker (Germany). Pristina under the auspices of the International Com- The Secretary-General reported to the Security Coun- mittee of the Red Cross. The Pristina and Belgrade cil on unmik activities and developments in Kosovo for delegations subsequently met in April, in Serbia, to ex- the periods form 1 November 2006 to 19 February change information on a suspected mass grave site in 2007 [S/2007/134], 19 February to 1 June [S/2007/395], Serbia. A conference on missing persons issues, organ- 1 June to 31 August [S/2007/582] and 1 September to ized by the Sarajevo-based International Commission 15 December [S/2007/768]. on Missing Persons, was held in the former Yugoslav Republic of Macedonia on 16 and 17 May. It was the Financing first opportunity for groups of Serbian and Albanian family members of the missing to meet face to face. In On 29 June [meeting 104], the General Assembly, October, the Government replaced the members of the having considered the Secretary-General’s performance dialogue working group on returns with a new five- report on the unmik budget covering the period from member team, including one Kosovo Serb. The missing 1 July 2005 to 30 June 2006 [A/61/675], the Secretary- persons working group continued to hold occasional ad General’s report on the unmik budget for 1 July 2007 hoc closed sessions throughout 2007, but with limited to 30 June 2008 [A/61/776] and the report of the Ad- progress. In June, the working group convened a plenary visory Committee on Administrative and Budgetary session in Pristina. Since the group began its work in Questions (acabq) thereon [A/61/852/Add.8], adopted, 2004, more than 1,000 missing persons cases had been on the recommendation of the Fifth (Administrative resolved, 240 of them in 2007. and Budgetary) Committee [A/61/974], resolution Kosovo Protection Corps. The resettlement pilot 61/285 without vote [agenda item 142]. programme for the redundancy of 80 kpc personnel was launched on 23 January. An additional 12 mem- Financing of the United Nations Interim bers had since joined the programme, thus exhaust- Administration Mission in Kosovo ing its funding capacity. The programme consisted of The General Assembly, a nine-month resettlement package provided by the Having considered the reports of the Secretary-General on International Organization for Migration, funded by the financing of the United Nations Interim Administration the United Kingdom, and severance payment for the Mission in Kosovo and the related report of the Advisory Committee on Administrative and Budgetary Questions, participants’ remaining 2007 salary. Recalling Security Council resolution 1244(1999) of Kpc demining capacity increased with the comple- 10 June 1999 regarding the establishment of the United tion of training for 32 new deminers, and kpc was on Nations Interim Administration Mission in Kosovo, track to assume sole responsibility for all mine and Recalling also its resolution 53/241 of 28 July 1999 on the fi- unexploded ordnance clearance. In July, the Geneva nancing of the Mission and its subsequent resolutions thereon, International Centre for Humanitarian Demining the latest of which was resolution 60/275 of 30 June 2006, carried out an independent assessment of kpc demin- Acknowledging the complexity of the Mission, ing capability, which concluded that kpc teams had Reaffirmingthe general principles underlying the financ- the capacity and capability to address the remaining ing of United Nations peacekeeping operations, as stated in contamination within Kosovo. Kpc focused on devel- General Assembly resolutions 1874(S-IV) of 27 June 1963, oping and maintaining operational capability. Ethnic 3101(XXVIII) of 11 December 1973 and 55/235 of 23 De- minority outreach efforts and humanitarian projects cember 2000, Mindful of the fact that it is essential to provide the remained ongoing. Minority representation within Mission with the necessary financial resources to enable it kpc remained steady throughout 2007. Of 2,906 ac- to fulfil its responsibilities under the relevant resolutions tive members, 6.6 per cent were from minority com- of the Security Council, munities, of whom 1.4 per cent were Kosovo Serbs. 1. Requests the Secretary-General to entrust the Head of Mission with the task of formulating future budget pro- UN Interim Administration Mission in Kosovo posals in full accordance with the provisions of General Assembly resolutions 59/296 of 22 June 2005, 60/266 of The United Nations Interim Administration Mis- 30 June 2006 and 61/276 of 29 June 2007, as well as other sion in Kosovo (unmik), established in 1999 [YUN relevant resolutions; 1999, p. 357] to facilitate a political process to determine 2. Takes note of the status of contributions to the United Kosovo’s political future, comprised five components Nations Interim Administration Mission in Kosovo as at 31 referred to as pillars: interim administration (led by the March 2007, including the contributions outstanding in the 408 Political and security questions amount of 92.8 million United States dollars, representing Budget estimates for some 4 per cent of the total assessed contributions, notes the period from 1 July 2007 to 30 June 2008 with concern that only thirty-three Member States have 15. Decides to appropriate to the Special Account for paid their assessed contributions in full, and urges all other the United Nations Interim Administration Mission in Ko- Member States, in particular those in arrears, to ensure pay- sovo the amount of 220,897,200 dollars for the period from ment of their outstanding assessed contributions; 1 July 2007 to 30 June 2008, inclusive of 210,676,800 dol- 3. Expresses its appreciation to those Member States lars for the maintenance of the Mission, 8,790,100 dollars which have paid their assessed contributions in full, and for the support account for peacekeeping operations and urges all other Member States to make every possible effort 1,430,300 dollars for the United Nations Logistics Base; to ensure payment of their assessed contributions to the Mission in full; Financing of the appropriation 4. Expresses concern at the financial situation with re- 16. Decides also to apportion among Member States gard to peacekeeping activities, in particular as regards the the amount of 220,897,200 dollars, in accordance with the reimbursements to troop contributors that bear additional levels updated in General Assembly resolution 61/243 of burdens owing to overdue payments by Member States of 22 December 2006 and taking into account the scale of their assessments; assessments for 2007 and 2008, as set out in its resolution 5. Also expresses concern at the delay experienced by the 61/237 of 22 December 2006; Secretary-General in deploying and providing adequate re- 17. Decides further that, in accordance with the provi- sources to some recent peacekeeping missions, in particular sions of its resolution 973(X) of 15 December 1955, there shall those in Africa; be set off against the apportionment among Member States, 6. Emphasizes that all future and existing peacekeep- as provided for in paragraph 16 above, their respective share ing missions shall be given equal and non-discriminatory in the Tax Equalization Fund of the amount of 18,219,000 treatment in respect of financial and administrative dollars, comprising the estimated staff assessment income of arrangements; 17,227,200 dollars approved for the Mission, the prorated share of 894,700 dollars of the estimated staff assessment in- 7. Also emphasizes that all peacekeeping missions shall come approved for the support account and the prorated share be provided with adequate resources for the effective and of 97,100 dollars of the estimated staff assessment income ap- efficient discharge of their respective mandates; proved for the United Nations Logistics Base; 8. Reiterates its request to the Secretary-General to 18. Decides that, for Member States that have fulfilled make the fullest possible use of facilities and equipment at their financial obligations to the Mission, there shall be set the United Nations Logistics Base at Brindisi, Italy, in order off against their apportionment, as provided for in para- to minimize the costs of procurement for the Mission; graph 16 above, their respective share of the unencum- 9. Endorses the conclusions and recommendations bered balance and other income in the total amount of contained in the report of the Advisory Committee on Ad- 12,620,800 dollars in respect of the financial period ended ministrative and Budgetary Questions, subject to the provi- 30 June 2006, in accordance with the levels updated in sions of the present resolution, and requests the Secretary- General Assembly resolution 58/256 of 23 December 2003, General to ensure their full implementation; and taking into account the scale of assessments for 2006, 10. Affirms that measures aimed at retaining staff as set out in its resolution 58/1 B of 23 December 2003; should comply with the United Nations common system 19. Decides also that, for Member States that have not of salaries and conditions of service and existing staff reg- fulfilled their financial obligations to the Mission, there ulations and rules and that any such measures involving shall be set off against their outstanding obligations their financial implications should be presented to the General respective share of the unencumbered balance and other Assembly for consideration; income in the total amount of 12,620,800 dollars in respect 11. Requests the Secretary-General to ensure the full of the financial period ended 30 June 2006, in accordance implementation of the relevant provisions of its resolutions with the scheme set out in paragraph 18 above; 59/296, 60/266 and 61/276; 20. Decides further that the decrease of 732,800 dollars 12. Also requests the Secretary-General to take all nec- in the estimated staff assessment income in respect of the essary action to ensure that the Mission is administered financial period ended 30 June 2006 shall be set off against with a maximum of efficiency and economy; the credits from the amount of 12,620,800 dollars referred to in paragraphs 18 and 19 above; 13. Further requests the Secretary-General, in order to 21. Emphasizes that no peacekeeping mission shall be reduce the cost of employing General Service staff, to con- financed by borrowing funds from other active peacekeep- tinue efforts to recruit local staff for the Mission against ing missions; General Service posts, commensurate with the require- 22. Encourages the Secretary-General to continue to take ments of the Mission; additional measures to ensure the safety and security of all personnel participating in the Mission under the auspices of Financial performance report for the United Nations, bearing in mind paragraphs 5 and 6 of the period from 1 July 2005 to 30 June 2006 Security Council resolution 1502(2003) of 26 August 2003; 14. Takes note of the report of the Secretary-General 23. Invites voluntary contributions to the Mission in on the financial performance of the Mission for the period cash and in the form of services and supplies acceptable to from 1 July 2005 to 30 June 2006; the Secretary-General, to be administered, as appropriate, Europe and the Mediterranean 409 in accordance with the procedure and practices established Russian aircraft allegedly violated Georgian airspace by the General Assembly; and launched missiles. A subsequent Security Council 24. Decides to include in the provisional agenda of its meeting was convened to address the issue. In�������� Septem- sixty-second session the item entitled “Financing of the United ber, Georgia reported an attack by alleged Abkhaz mili- Nations Interim Administration Mission in Kosovo”. tants on Georgian Interior Ministry police units, during By decision 62/546 of 22 December, the Assembly which two extremists were killed and seven detained. decided the agenda item on the financing of unmik Abductions and, in some cases, killings continued in the would remain for consideration during its resumed Gali and Zugdidi conflict regions throughout the year, sixty-second (2008) session. prompting several investigations by the United Nations Observer Mission in Georgia. The peacekeeping forces of the Commonwealth of Independent States and the International security presence (KFOR) United Nations Observer Mission in Georgia continued In accordance with resolution 1244(1999) [YUN joint patrols in the Kodori Valley region. 1999, p. 353], the Secretary-General transmitted to the Security Council reports on the activities during 2007 of the international security presence in Kosovo UN Observer Mission in Georgia (kfor), also known as Operation Joint Guard, cover- ing the periods 1 to 31 January , 1 to 28 The United Nations Observer Mission in Georgia [S/2007/160] (unomig), established by Security Council resolution February [S/2007/248], 1 to 30 April [S/2007/403], 1 to 31 May , 1 to 31 July , 1 to 31 858(1993) [YUN 1993, p. 509], continued to monitor [S/2007/414] [S/2007/559] compliance with the 1994 Moscow Agreement August [S/2007/600], 1 to 30 September [S/2007/652], [YUN 1 to 30 November and 1 to 31 December 1994, p. 583] and to fulfil those other tasks mandated [S/2008/36] by Council resolution 937(1994) . The [S/2008/89]. As at 25 December, the force, which oper- [ibid., p. 584] ated under nato leadership, comprised 15,002 troops, Mission operated in close collaboration with the col- including 2,357 from non-nato countries. lective peacekeeping forces of the Commonwealth of Kfor continued to handle incidents related to un- Independent States (cis) located in the zone of conflict exploded ordnance, counterfeit currency, illegal weap- since 1994 [ibid., p. 583]. The Council extended the Mis- ons possession, drugs, human trafficking and smug- sion’s mandate three times during the year, the first gling. It focused on interoperability and intelligence time until 15 April, the second until 15 October, and gathering, while conducting high-visibility operations the third until 15 April 2008. throughout Kosovo to deter any possible attempt at Unomig main headquarters was located in Su- destabilization and to maintain a safe and secure en- khumi (Abkhazia, Georgia), with some adminis- vironment. trative headquarters in Pitsunda, a liaison office in the Georgian capital of Tbilisi, and team bases and a sector headquarters in the Gali and Zugdidi sec- tors. A team base in the Kodori Valley was manned by Georgia observers operating from Sukhumi. As at December 2007, unomig strength stood at 133 military observ- In 2007, efforts continued to advance the Georgian ers and 19 police officers. Abkhaz peace process, based on the 2001 Basic Prin- Jean Arnault (France) continued as the Secre- ciples for the Distribution of Competences between tary-General’s Special Representative for Geor- Tbilisi (Georgia’s Government) and Sukhumi (the gia and Head of unomig. He was assisted by the Abkhaz leadership) [YUN 2001, p. 386]. That document unomig Chief Military Observer, Major General Niaz was intended to serve as a framework for substantive Muhammad Khan Khattak (Pakistan). negotiations on the status of Abkhazia as a sovereign entity within the State of Georgia. Political aspects of the conflict The Group of Friends of the Secretary-General on Georgia (France, Germany, Russian Federation, United Report of Secretary-General (January). In a Kingdom, United States) continued to meet throughout January report on the situation in Abkhazia, Georgia the year, with the participation of the parties. [S/2007/15], the Secretary-General stated that unomig However, the situation on the ground remained diffi- continued its efforts to prevent the escalation of ten- cult and complex. Tensions increased early in the year in sion, maintain stability and facilitate dialogue between the Gali and Zugdidi sectors. In January, one Georgian the Georgian and Abkhazian sides. The Special Rep- policeman was killed and another wounded in an attack resentative also maintained regular contact with both close to the ceasefire line. In March, another incident sides to the conflict and the Group of Friends, includ- in the upper Kodori Valley took place. In August, two ing officials from the Russian Federation in its capacity 410 Political and security questions as facilitator, and Germany, as the coordinator of the Minister for Conflicts Resolution Merab Antadze, Group of Friends. and the Abkhaz side, led by de facto Foreign Minister Tensions increased in January,�������������������������� as a Georgian po- Sergey Shamba. Participants discussed the peace pro- liceman was killed and another wounded in an attack cess, ways to promote dialogue between the sides, and with rocket-propelled grenades and small-arms fire on the implementation of Security Council resolution a Georgian checkpoint in the village of Ganmukhuri, 1716(2006). The Group of Friends encouraged both in the Zugdidi district, close to the ceasefire line, thus sides to resume dialogue, stressing the need for imme- becoming the third violent incident within days, fur- diate engagement on security issues. It urged the par- ther undermining security in the zone of conflict. ties to continue to take concrete steps on confidence- Unomig launched special patrols, including its fact- building measures, highlighted the need for them to finding team, to investigate the incident. The Chief refrain from any action that could impede progress Military Observer visited the site, took part in the or undermine confidence, and urged the sides to take investigation and made further efforts to convene the into account one another’s sensitivities and to cooper- Joint Fact-Finding Group, which met on 9 January. ate to de-escalate tensions. With respect to the Kodori Condemning the attack, the Special Representative Valley, it noted the need to ensure compliance with called on both sides to cooperate to prevent any es- the 1994 Moscow Agreement, as well as the mainte- calation of violence and to engage in dialogue. Given nance of law and order. The Group of Friends deemed the volatility of the situation in the security zone, the it useful to keep under review the contribution of the Mission maintained an increased level of patrolling international presence to the implementation of the throughout the period and continued to prop up stabil- Moscow Agreement and the Council’s resolutions. ity on the ground and assist the local communities. In separate discussions with the Group of Friends, Georgia’s comments on the Secretary-General’s the Georgian side expressed its readiness for direct January report, particularly with respect to imple- dialogue with the Abkhaz side, at the highest level mentation of Security Council resolution 1716(2006) and without preconditions. Acknowledging the de- [YUN 2006, p. 477], were transmitted to the Secretary- teriorating security situation in Gali, it proposed General and the Security Council President on 9 Feb- high-level meetings on security issues, and offered to ruary [A/61/739-S/2007/74]. enhance transparency and confidence in the upper Kodori Valley, including through inclusion of Abkhaz Communications. On 8 January [A/61/691- representatives in monitoring visits. It agreed on the S/2007/9], Georgia, in identical letters addressed to the Secretary-General and the Security Council President, need for a regime of notification and verification in condemned the 5 January attack on the Georgian In- the security zone. The Georgian side reaffirmed the terior Ministry checkpoint in the Zugdidi district (see fundamental principle of the right of return for all in- above) and called on the international community, ternally displaced persons and refugees, and agreed to including the Secretary-General’s Group of Friends, move forward on the implementation of the strategy to assess the provocative activity taking place in the paper on returns of the Office of the United Nations region and to take action. It stated that the attack oc- High Commissioner for Refugees (unhcr) [YUN 2005, curred in the security zone controlled by the Russian p. 483]. It also declared its readiness to facilitate con- peacekeepers, who took no action to prevent it, and tacts between the Abkhaz side and the Abkhaz com- was a gross violation of the ceasefire regime between munity in Turkey. the conflicting sides. It further urgedunomig to inves- For its part, the Abkhaz side stated that the re- tigate the incident, establish facts and take all neces- sumption of dialogue required strict adherence to pre- sary measures to avoid a recurrence of such violence. vious agreements, including the withdrawal of armed Security Council consideration (January). On personnel from the upper Kodori Valley. The Abkhaz 24 January [meeting 5623], the Security Council met in side suggested a gradual transfer of law enforcement closed session to consider the situation in Georgia. In functions to the local community together with the a communiqué issued after the meeting, the Council possible involvement of international police. It under- indicated that it had received a briefing by Jean Ar- lined the need to reduce tensions in the Gali district nault, the Secretary-General’s Special Representative in the light of recent violent incidents (see above), and for Georgia and Head of unomig. proposed reinvigorating security mechanisms to that Meeting of Group of Friends (February). On 12 effect. The Abkhaz side also expressed its readiness to and 13 February, senior representatives of the Group implement the unhcr strategy paper on returns, in of Friends met in Geneva under the chairmanship of the first instance in the Gali district. the Under-Secretary-General for Peacekeeping Op- The Group of Friends reiterated its support for a ne- erations, Jean-Marie Guéhenno, and with the par- gotiated solution and the relevance of Security Coun- ticipation of the Special Representative. The meeting cil resolutions in that respect. Noting the primary was also attended by the Georgian side, led by State responsibility of the two sides in the settlement of the Europe and the Mediterranean 411 conflict, it believed that a comprehensive political solu- value the steps taken by the other side, adding that he tion could be achieved through dialogue and that the would take further measures to improve the confidence situation in the areas of security, return of internally between them, in line with the commitments given in displaced persons and refugees, and rehabilitation and Geneva (see p. 410). development could and should be improved. However, against that positive background, the Communications (March). On 2 March events of 11 March in the upper Kodori Valley (see [A/61/779-S/2007/123], Georgia, in identical letters to above) were a major setback, and a reminder of the the Security Council President and the Secretary- risks with which the conflict was still fraught. He General, complained that, on 1 March, so-called Ab- hoped that the investigation carried out by the Joint khazian law enforcement units, situated in the zone Fact-Finding Group would help clarify the circum- controlled by cis peacekeeping forces, opened fire at a stances behind the incident and pledged that, in peaceful demonstration of Georgian and Abkhaz stu- consultation with all concerned, the United Nations dents protesting the illegitimate parliamentary elec- would further reflect on ways to strengthen peace- tions to be held on 4 March and the aggressive policy keeping in that region in order to reduce the possibil- of the separatist regime. Three protesters were illegally ity of a recurrence of such incidents. detained and had not been released. Georgia protested Two violations of the 1994 Agreement on a Cease- the provocation as a gross violation of human rights fire and Separation of Forces were issued: on 20 Janu- that could damage preliminary agreement on the con- ary to the Abkhaz side for the presence on 10 Janu- tinuation of dialogue. ary of an Abkhaz armoured personnel carrier near a In letters dated 10 February [A/61/775-S/2007/120] training area in the restricted weapons zone; and on and 9 March [A/61/798-S/2007/149] addressed to the 16 March to the Georgian side for the presence since Secretary-General, Ukraine transmitted statements 15 February of a Georgian military police detachment by member States of the Organization for Democ- in Zugdidi town, which was in the security zone. racy and Economic Development (guam) (Georgia, Weekly quadripartite meetings, which brought Ukraine, Azerbaijan, Moldova) expressing concern together the two sides, unomig and the cis peace- over the holding of so-called local and parliamentary keeping force to discuss security issues in the conflict elections in Abkhazia, Georgia, on 11 February and zone, remained suspended. Maritime incidents off the 4 March (see p. 412). coastal waters of Abkhazia, Georgia, also contributed On 12 March [A/61/796-2007/145], Georgia drew the to the rise in tensions. The Mission was in contact Security Council’s attention to the 11 March incident with both sides to rapidly de-escalate the situation. in which villages of Upper Abkhazia came under fire Subsequently, unomig increased its coastal patrols. by military helicopters which, according to prelimi- While highlighting the Kodori Valley incident, the nary information, had allegedly crossed Georgia’s State Secretary-General expressed his concern regarding border with the Russian Federation from the north. the situation along the ceasefire line, which remained The shelling damaged the office of the Government of tense. Cooperation between the two sides on secu- the Autonomous Republic of Abkhazia, a school and rity issues and on combating crime was almost non- police buildings. No casualties were reported. Georgia existent, in contrast to the situation during the same had demanded explanations from the Russian Federa- period in the previous year. He stated that the ex- tion and the Abkhaz side; it expected unomig to take change of fire that took place on 1 March (see above) action and called for an investigation of the incident. showed the need for both sides to exercise the utmost Report of Secretary-General (April). In his April restraint in and around the ceasefire line. The Secre- tary-General urged both sides to make good on their report on the situation in Abkhazia, Georgia [S/2007/182], the Secretary-General welcomed the progress made by commitment to redress the deteriorating situation the two sides to implement Security Council resolution along the ceasefire line and to avoid situations that 1716(2006), and in particular the continuation of joint could lead to violence. He stated that he continued to patrolling of the Kodori Valley by unomig and the cis believe that the presence of unomig contributed to peacekeeping force. He noted that no heavy weapons security in the conflict zone and international efforts were observed in the Valley and that the number of to promote political dialogue between the parties, and armed personnel had decreased. The Secretary-General recommended that its mandate be extended for six further noted some positive developments, including months, until 15 October. the start of a notification and verification process on the The controversy over peacekeeping formats con- Zugdidi side of the security zone, and the expansion of tinued in 2007. While the Abkhaz side opposed any unomig assistance to the Gali district, in terms of both change to the existing format, the Government of the activities of the UN police advisers and the full-time Georgia presented its case for a change to the eu and presence there of the Human Rights Office in Abkha- other international actors. Controversy also continued zia, Georgia. He expressed hope that each side would with regard to the role of the Government of the Au- 412 Political and security questions tonomous Republic of Abkhazia. The Georgian side Stressing also that economic development is urgently encouraged the international community to engage required in Abkhazia, Georgia, to improve the livelihoods with it, while the Abkhaz side remained adamantly of the communities affected by the conflict, in particular opposed to that approach. In February and March, the refugees and internally displaced persons, the Abkhaz side conducted self-styled local and par- 1. Reaffirms the commitment of all Member States to the sovereignty, independence and territorial integrity of liamentary elections. Unomig did not observe the Georgia within its internationally recognized borders, and elections, which were denounced by the Georgian supports all efforts of the United Nations and the Group side, and deemed illegitimate by the eu, the United of Friends of the Secretary-General on Georgia which are States, the Council of Europe, osce and nato. guided by their determination to promote a settlement of Security Council consideration (April). On 10 the Georgian-Abkhaz conflict only by peaceful means and April , the Security Council met in closed within the framework of the Security Council resolutions; [meeting 5658] 2. Calls upon both sides to resume dialogue, to make session to consider the situation in Georgia. Council full use of all existing mechanisms as described in the rel- members heard a briefing by the Special Representa- evant Council resolutions, to comply fully with previous tive of the Secretary-General, as well as a statement by agreements regarding ceasefire and the non-use of violence, Zurab Noghaideli, Prime Minister of Georgia. and to finalize without delay the package of documents During his presentation on the situation in Georgia on the non-use of violence and on the return of refugees and internally displaced persons; [S/2007/404], the Special Representative told the Coun- cil that while the Joint Fact-Finding Group’s investiga- 3. Recalls, with a view to achieving a lasting and com- prehensive settlement, its support for the principles con- tion into the 11 March military attacks in the upper tained in the paper on “Basic Principles for the Distribution Kodori Valley had answered a number of questions, of Competencies between Tbilisi and Sukhumi”, and wel- more information was needed. It was necessary to find comes additional ideas that the sides would be willing to of- ways to improve international observation. The Special fer with a view to conducting creatively and constructively a Representative urged both sides to work to address the political dialogue under the aegis of the United Nations; situation. In subsequent discussions in consultations of 4. Endorses the proposals for confidence-building meas- the whole, Council members expressed concern at the ures presented by the Group of Friends of the Secretary- high level of tension between the Georgian and Ab- General during the meeting held in Geneva on 12 and 13 February 2007 with the participation of the Georgian and khaz sides, and concluded that there was an overriding Abkhaz parties, and urges both parties, with the assistance need for the parties to resume dialogue and to build of the United Nations Observer Mission in Georgia and confidence. They expressed concern at the humani- of international partners and the support of the Group tarian situation in the zone of conflict and at the plight of Friends to immediately engage in implementing those of internally displaced persons and refugees. measures without conditions; 5. Welcomes progress achieved by both sides towards SECURITY COUNCIL ACTION the implementation of resolution 1716(2006), calls upon the Georgian side to ensure that the situation in the upper On 13 April [meeting 5661], the Security Council Kodori Valley is in line with the Agreement on a Cease- unanimously adopted resolution 1752(2007). The fire and Separation of Forces signed at Moscow on 14 May draft [S/2007/200] was submitted by France, Germany, 1994, and calls upon the Abkhaz side to exercise restraint the Russian Federation, the United Kingdom and the in connection with the Georgian commitments with regard United States. to the Kodori Valley; The Security Council, 6. Condemns the attack on villages in the upper Kodori Valley carried out in the night of 11/12 March 2007, and Recalling all its relevant resolutions, including resolu- urges all sides to extend full support to the ongoing inves- tion 1716(2006) of 13 October 2006, tigation conducted by the Joint Fact-Finding Group under Welcoming the reports of the Secretary-General of 11 the leadership of the Mission; January and 3 April on the activities of the United Nations 7. Stresses that the situation on the ground in the areas Observer Mission in Georgia, of security, return of internally displaced persons and re- Supporting the sustained efforts of the Secretary-General habilitation and development must be improved, and calls and of his Special Representative for Georgia, with the as- upon both sides to resume dialogue without preconditions sistance of the Group of Friends of the Secretary-General in these areas, using all existing mechanisms, including on Georgia, as well as the Russian Federation in its capac- quadripartite meetings; ity as facilitator, and of the Organization for Security and 8. Urges the sides to address seriously each other’s Cooperation in Europe, legitimate security concerns, to refrain from any actions Stressing the importance of close and effective coopera- which might impede the peace process, and to extend the tion between the Mission and the peacekeeping force of necessary cooperation to the Mission and the peacekeeping the Commonwealth of Independent States as they currently force of the Commonwealth of Independent States; play an important stabilizing role in the conflict zone, and 9. Stresses the urgent need to alleviate the plight of recalling that a lasting and comprehensive settlement of refugees and internally displaced persons and the need for the conflict will require appropriate security guarantees, a perspective of life in security and dignity, in particular for Europe and the Mediterranean 413 a new generation growing up outside Abkhazia, Georgia, Friends met in Bonn, Germany (27-28 June), under and, recalling the right of return for all internally displaced the chairmanship of the Under-Secretary-General for persons to Abkhazia, Georgia, calls upon both sides to im- Peacekeeping Operations. Representatives of the two plement the Office of the United Nations High Commis- sides, led by the State Minister for Conflict Resolution sioner for Refugees’ “Strategic Directions” for the return Issues and the de facto Foreign Minister, participated in the first instance to the Gali region; in the meeting, as did the Special Representative. 10. Welcomes existing contacts, and encourages fur- ther contacts, between representatives of civil society of The Georgian side stressed concern over the Ab- the sides; khaz side’s apparent lack of will to engage in direct 11. Underlines that it is the primary responsibility of dialogue, and was ready to address some of the obsta- both sides to provide appropriate security and to ensure cles to its resumption. In particular, it confirmed its the freedom of movement of the Mission, the peacekeep- proposal to launch a Joint Fact-Finding Group inves- ing force of the Commonwealth of Independent States and tigation into the 3 February disappearance of David other international personnel, and calls upon both sides to Sigua, an ethnic Georgian working in the de facto fulfil their obligations in this regard; administrative structures of the Gali district, and to 12. Requests the Secretary-General to continue to take participate in the regular quadripartite meetings (the the necessary measures to ensure full compliance of all Mission personnel with the United Nations zero-tolerance two parties, unomig and the cis peacekeeping forces), policy on sexual exploitation and abuse and to keep the as soon as the terms of reference and rules of proce- Council informed, and urges troop-contributing countries dure prepared by unomig were finalized. The Geor- to ensure that acts involving their personnel are properly gian side pledged to continue working with unomig investigated and punished; to achieve full and timely notification of the transit 13. Decides to extend the mandate of the Mission for of military vehicles through the security zone, and a new period terminating on 15 October 2007; reaffirmed its commitment to the 600 threshold in 14. Requests the Secretary-General to make use of this the deployment of law enforcement personnel there. It extended mandate in order to support the parties in im- intended to align its deployment in the upper Kodori plementing measures to build confidence and to establish Valley with the policy implemented in other regions an intensive and meaningful dialogue, and to inform the of Georgia, including a further increase in the repre- Council in his next report on the situation in Abkhazia, sentation of the local population in the police force. Georgia, on progress made in this respect; It would review the number of personnel from the 15. Strongly supports the efforts of the Special Repre- sentative of the Secretary-General for Georgia, and calls Ministry of Internal Affairs deployed in the upper upon the Group of Friends of the Secretary-General to Kodori Valley in the light of the security situation, continue giving him their steadfast and unified support; including the findings of the investigation into the 16. Decides to remain actively seized of the matter. 11 March attack (see p. 417). With regard to reports on the presence of unidentified armed people in the Communication. In a 31 May statement, trans- lower Kodori Valley, the Georgian side denied any mitted to the Secretary-General on 1 June [A/61/939], presence of Georgian security forces in areas under Georgia drew attention to information disseminated Abkhaz control, and called for a full investigation by Sukhumi on 17 May relating to the return of in- into the matter. In relation to confidence-building ternally displaced persons and refugees. According to measures, the Georgian side was prepared to discuss that information, a resolution entitled “Legal status of the modalities for the establishment of maritime com- persons who left Abkhazia due to Georgia’s aggressive munications between Sukhumi and Trabzon, Turkey. war against Abkhazia in 1992-1993” was under con- It urged the resumption of work by the Commission sideration in the “parliament” of the Sukhumi regime. for the return of internally displaced persons and refu- Georgia said that the actual goal of the resolution was gees, and offered its support for the work of the Com- to legitimize the results of the ethnic cleansing against mission on missing persons. Georgia suggested that the predominantly Georgian population. It urged the monthly meetings be held between the parties, the Special Representative and the Group of Friends to Group of Friends and the United Nations to monitor convene a “Geneva format” meeting in Geneva to dis- implementation. cuss, with the participation of the sides, possibilities The Abkhaz side was concerned over what it des- and priorities for continuing the peace process. cribed as a continuing Georgian military build-up Meeting of Group of Friends (June). Concerned in and around the zone of conflict and the Kodori by the deterioration of relations between the two sides Valley, particularly reports of alleged new Georgian and the possibility of an outbreak of violence, the checkpoints in the lower Kodori Valley. It supported Group of Friends met the two sides in Tbilisi and the resumption of the quadripartite meetings and Sukhumi in June, and urged them to put the process was willing to participate in a Joint Fact-Finding back on track. In the same spirit, and also concerned Group investigation into the disappearance of Mr. at the lack of follow-up to the previous Geneva meet- Sigua. With regard to confidence-building measures, ing (see p. 410), senior representatives of the Group of the Abkhaz side reiterated its interest in the inten- 414 Political and security questions sification of contacts between the Abkhaz side and of and trafficking in narcotics.The Joint Fact-Finding the Abkhaz community in Turkey, as proposed by Group on the 11 March incident in the upper Kodori the Georgian side in February. It also proposed the Valley published its recommendations. On 4 July, the establishment of maritime communication between second meeting of the Steering Committee of the re- Sukhumi and Trabzon, and was ready to discuss ways habilitation programme in the zone of conflict, funded to ensure transparency and accountability in relation by the European Commission, was held. Participants to customs control. The Abkhaz side was also pre- considered reports on the implementation of the first pared to cooperate in the area of missing persons. It phase of the programme and presented views on a was ready to consider a meeting between the two sides range of issues, including ways to better coordinate the at the leadership level, provided that it was well pre- implementation of ongoing projects and those planned pared and resulted in concrete security or economic under the second phase of the project. outcomes. The Abkhaz side suggested that unomig The Secretary-General expressed hope that the should pave the way for direct dialogue by developing outcome of the June meeting of the Group of Friends proposals acceptable to both sides. would lead to tangible improvements on the ground, The Group of Friends, stressing the priority that they particularly with regard to security, economic coop- attached to security and the preservation of peace, ex- eration and humanitarian issues. He stressed that pressed concerns about the reported movements of un- both sides should take concrete steps to implement the identified armed personnel in the lower Kodori Valley, understandings reached at the meeting. The Secretary- and urged that the matter be investigated and resolved. General noted that unomig had circulated to partici- It welcomed the agreement by the parties to participate pants of the quadripartite meetings draft terms of refer- in the quadripartite meetings and noted their readi- ence that took into account the concerns of both sides ness to hold the first meeting in July. It also welcomed and expressed the hope that they would be accepted the readiness of the sides to participate in a Joint Fact- promptly so as to allow the meetings to resume. Finding Group investigation into the David Sigua Security Council consideration. Meeting in case and proposed that it start as soon as possible. The closed session on 26 July [meeting 5724] to consider the Friends invited the sides to follow-up on their commit- situation in Georgia, the Security Council heard a ment to several of the confidence-building measures briefing by éH di Annabi, Assistant Secretary-General endorsed by the Security Council, in particular the for Peacekeeping Operations, and a statement by the establishment of maritime communication between Permanent Representative of Georgia, followed by an Sukhumi and Trabzon, with appropriate customs con- exchange of views. trol. With regard to economic cooperation, the Friends welcomed the agreement of both sides to resume the Communications. In an 8 August letter [S/2007/480], work of the Steering Committee of the rehabilitation Georgia informed the Security Council President that programme funded by the European Commission in on 6 August, two Russian aircraft allegedly violated the zone of conflict. They stressed the importance of Georgian airspace, entering more than 75 kilometres holding a meeting at the leadership level, and reiter- into Georgian territory before launching an air-to- ated their undertaking to monitor the implementation surface precision-guided missile. It claimed to possess of confidence-building measures and the assurances evidence from radar, which documented the flight plan given by the parties during the meeting. of the aircraft. Georgia called for the convening of a Security Council meeting to address the issue. On 10 Report of Secretary-General (July). In his August , Georgia, in identical let- July report on the situation in Abkhazia, Georgia [A/61/1031-S/2007/489] ters to the Secretary-General and the Security Council , the Secretary-General said that dialogue [S/2007/439] President, provided the Council with a report of the between the sides remained suspended as the Abkhaz 7 August osce mission to Georgia, which had exam- side continued to link its resumption to preconditions, ined the site of the 6 August bombing attack. such as the withdrawal of Georgian armed personnel from the upper Kodori Valley, which was categorically On 5 September [S/2007/535], Georgia informed ruled out by the Georgian side, and the release of Mr. the Council President of large-scale military exercises Sigua. The two sides also differed in their interpreta- launched by the Abkhaz separatist government on the tions of Security Council resolution 1752(2007) (see territory of Abkhazia, Georgia. Calling on the Russian p. 412). Relations between them worsened following Federation to cease its support of the separatist regime, informal discussions on the release of Mr. Sigua and including military assistance, Georgia asked the Group the release of the three Georgian students arrested on of Friends to demand that the Russian Federation end 1 March (see p. 411). The Abkhaz side released the its destructive acts against Georgia. three students on 3 May. The situation overshadowed On 11 September [A/61/1046], Georgia drew the the release on 23 April, by the Georgian side, of Pridon Secretary-General’s attention to the issue of illegal ac- Chakaberia, who was sentenced on 16 February by a quisition of State and private property in Abkhazia and Zugdidi court to 10 years’ imprisonment for possession the Tskhinvali region/South Ossetia, Georgia. Europe and the Mediterranean 415

On 21 September [S/2007/561], Georgia informed fact-finding team had not yet completed its work, it the Council President of an attack the previous was too early to assign responsibilities. He stressed day on Georgian Interior Ministry police units by the need to prevent the weakening of the ceasefire armed Abkhaz militants in the Svaneti region, dur- and separation of forces regime and a confrontation ing which two extremists were killed and seven de- between the two sides. tained. Georgia was concerned over the dangerous The Secretary-General also noted Georgia’s pro- pattern of behaviour and was cooperating with in- posal to revive the peace process and expressed the ternational organizations, including unomig, which UN openness to discussing all ideas for promoting was conducting a rapid assessment. In a further letter a lasting solution of the conflict. He recommended of the same date [S/2007/562], Georgia said that the 20 that the Council extend the unomig mandate for six September incident and other similar acts had led it months, until 15 April 2008. to believe that some forces were provoking military Communications. confrontation. The United Nations and the Group of On 3 October [S/2007/589], Friends should demand that Abkhaz separatists com- Georgia informed the Security Council President that ply with Council resolutions, suspend all military ac- one of the militants killed in the 20 September attack tivities and enter into meaningful negotiations. on Georgian Interior Ministry police units had been identified. According to credible information, he was Report of Secretary-General (October). In a former Russian vice-colonel who had served with his October report on the situation in Abkhazia, the cis peacekeeping forces in Abkhazia. Georgia ex- Georgia [S/2007/588], the Secretary-General stated pressed concern that separatist armed forces were re- that unomig had followed up with the parties on ceiving support from a party that was supposed to be the outcome of the June high-level meeting of the a facilitator of the conflict resolution process. On 15 Group of Friends (see p. 413). In early August, un- October , Georgia reported that its Minis- omig convened the Joint Fact-Finding Group to in- [S/2007/605] try of Internal Affairs had received intelligence that, on vestigate the disappearance of Mr. Sigua. Work on missing persons continued under the auspices of the 17 September, an unidentified armed group was seen International Committee of the Red Cross. However, near the new road to Upper Abkhazia under construc- the quadripartite meetings, bringing together the two tion. The new road, which was of strategic importance sides, the cis peacekeeping force and unomig, did to Georgia, lay just below the air corridors connect- not resume by the end of July, as called for at the June ing Upper Abkhazia with the rest of Georgia. Several meeting of the Group of Friends. In September, the of the group’s members were arrested and charged on Georgian side presented its response to the proposed 22 September with illegal purchasing, storing and new terms of reference of the quadripartite meetings bearing of firearms and ammunition, as well as with proposed by unomig (see p. 414). membership in an illegal armed group and premedi- tated attempted murder. The Secretary-General reported that he had met in September, in New York, with President Mikheil Saa- kashvili of Georgia, who stated Georgia’s readiness for SECURITY COUNCIL ACTION dialogue and support for confidence-building measures On 15 October [meeting 5759], the Council unani- between the parties. However, he also reaffirmed the mously adopted resolution 1781(2007). The draft need for a comprehensive review of the peace process, [S/2007/603] was prepared in consultations among leading to fundamental changes in the negotiations and Council members. peacekeeping formats, the creation of a legal framework, The Security Council, the establishment of a plan for the return of internally Recalling all its relevant resolutions, including resolu- displaced persons and promotion of economic rehabili- tion 1752(2007) of 13 April 2007, tation, security and direct dialogue between the par- Welcoming the reports of the Secretary-General of 18 July ties. President Saakashvili outlined the parameters of his and 3 October 2007 on the activities of the United Nations Government’s proposals for a final settlement, namely Observer Mission in Georgia, self-governance for Abkhazia within Georgia’s interna- Noting with serious concern all recent armed incidents tional borders, constitutional changes to enshrine the that have afflicted the conflict resolution process in Geor- protection of minorities, including language rights, the gia, deploring in particular those in which lives were lost, protection of culture, language and education, and a and reiterating the importance of maintaining the separa- robust role for the eu. tion of forces and the preservation of the ceasefire, Supporting the sustained efforts of the Secretary-General The Secretary-General noted that the 20 Septem- and of his Special Representative for Georgia, with the as- ber incident (see above) was the most serious involv- sistance of the Group of Friends of the Secretary-General ing the Georgian and Abkhaz sides, and had taken on Georgia, as well as the Russian Federation in its capac- place outside the area of responsibility of unomig ity as facilitator, and of the Organization for Security and and the cis peacekeeping force. Since the Mission’s Cooperation in Europe, and underlining the increased im- 416 Political and security questions portance of the meetings in the Geneva format as the forum Valley on 11 March 2007, and endorses the recommenda- for meaningful political dialogue, tions made by the Mission in the report; Stressing the importance of close and effective coopera- 9. Welcomes the commitment given by both sides dur- tion between the Mission and the peacekeeping force of ing the meeting chaired by the United Nations in Bonn, the Commonwealth of Independent States as they currently Germany, on 27 and 28 June 2007 to resume regular con- play an important stabilizing role in the conflict zone, and sultations within the quadripartite meetings, and urges recalling that a lasting and comprehensive settlement of both sides to finally fulfil this commitment; the conflict will require appropriate security guarantees, 10. Calls upon the parties to further increase their bilat- Stressing also that economic development is urgently re- eral contacts by making full use of all existing mechanisms quired in Abkhazia, Georgia, to improve the livelihoods as described in the relevant Council resolutions in order to of the communities affected by the conflict, in particular come to a peaceful settlement, including the safe and digni- refugees and internally displaced persons, fied return of refugees and internally displaced persons; Regretting the continued lack of trust between the two 11. Renews its support for confidence-building meas- sides, and underlining the importance of constructive ures proposed by the Group of Friends of the Secretary- goodwill and respect for each other’s concerns, General and endorsed in resolution 1752(2007), and, in the 1. Reaffirms the commitment of all Member States to conviction that they will serve the development of broader the sovereignty, independence and territorial integrity of and unbiased contacts between the communities of the Georgia within its internationally recognized borders, and divided country, urges the Georgian and Abkhaz sides to supports all efforts of the United Nations and the Group implement these measures without conditions; of Friends of the Secretary-General on Georgia, which are 12. Recalls, with a view to achieving a lasting and guided by their determination to promote a settlement of comprehensive settlement, its support for the principles the Georgian-Abkhaz conflict only by peaceful means and contained in the paper on “Basic Principles for the Dis- within the framework of the resolutions of the Security tribution of Competences between Tbilisi and Sukhumi”, Council; and welcomes additional ideas that the sides would be 2. Reaffirms its strong support for the United Nations willing to offer with a view to conducting creatively and Observer Mission in Georgia, calls upon the parties to constructively a political dialogue under the aegis of the cooperate fully with the Mission, deems it necessary to United Nations; strengthen the Mission’s observation capacity as recom- 13. Welcomes the deployment of Mission police in mended by the Mission in the report of the Joint Fact- Gali and the cooperation of the Abkhaz side, and calls for Finding Group on the rocket-firing incident in the upper a further deepening of this cooperation; Kodori Valley on 11 March 2007 as well as in the report of 14. Stresses anew the urgent need to alleviate the plight the Secretary-General of 3 October 2007 and requests the of refugees and internally displaced persons and the need for Secretary-General to continue to explore options for the a perspective of life in security and dignity, in particular for a implementation of those recommendations and to inform new generation growing up outside Abkhazia, Georgia; the Council on progress; 15. Reiterates and reaffirms as fundamentally important 3. Calls upon the Georgian side to ensure that the situ- the right of return for all refugees and internally displaced ation in the upper Kodori Valley is in line with the Agree- persons to Abkhazia, Georgia, reaffirms the importance ment on a Ceasefire and Separation of Forces signed at of such people’s return to their homes and property, that Moscow on 14 May 1994, and calls upon the Abkhaz individual property rights have not been affected by the side to exercise restraint in connection with the Georgian fact that owners had to flee during the conflict and that the commitments with regard to the Kodori Valley; residency rights and the identity of those owners will be re- 4. Expresses its serious concern over the ongoing numer- spected, and calls upon both sides to implement the Office ous violations of the ceasefire and separation of forces of the United Nations High Commissioner for Refugees’ regime in the zone of conflict; “Strategic Directions” for their return in the first instance 5. Also expresses its serious concern over the incidents to the Gali region; that have taken place within and outside the zone of con- 16. Welcomes existing contacts and encourages further flict as observed by the Mission and reflected in the reports contacts between representatives of civil society, and ap- of the Secretary-General of 18 July and 3 October 2007, peals to both sides to promote without reservation the ac- including those on 11 March and 20 September 2007; tive engagement of citizens and officials in such contacts; 6. Strongly urges all parties to consider and address 17. Underlines that it is the primary responsibility of seriously each other’s legitimate security concerns, to re- both sides to provide appropriate security and to ensure the frain from any acts of violence or provocation, including freedom of movement throughout the zone of conflict of political action or rhetoric, and to comply fully with previous the Mission, the peacekeeping force of the Commonwealth agreements regarding ceasefire and non-use of violence; of Independent States and other international personnel, 7. Calls upon both sides to finalize without delay the and calls upon both sides to fulfil their obligations in this document on the non-use of violence, and also calls upon regard and to extend full cooperation to the Mission and both sides to finalize without delay the document on the the peacekeeping force; return of refugees and internally displaced persons; 18. Welcomes the efforts being undertaken by the Mis- 8. Urges the continued active engagement of both sides sion to implement the Secretary-General’s zero-tolerance within the Joint Fact-Finding Group, and in this context policy on sexual exploitation and abuse and to ensure full expresses its support for the report of the Joint Fact-Finding compliance of its personnel with the United Nations code Group on the rocket-firing incident in the upper Kodori of conduct, requests the Secretary-General to continue Europe and the Mediterranean 417 to take all necessary action in this regard and to keep the implementation of the rehabilitation programme in Council informed, and urges troop-contributing countries the conflict zone, funded by the European Commis- to take appropriate preventive action, including conducting sion; cooperation on swine fever control; cooperation predeployment awareness training, and to take disciplin- on missing persons; support for civil society contacts; ary action and other action to ensure full accountability in and preparation of leadership-level meetings. On 25 cases of such conduct involving their personnel; October, unomig facilitated a meeting, prompted by 19. Decides to extend the mandate of the Mission for a new period terminating on 15 April 2008; the deadly incident in September (see p. 415), between 20. Requests the Secretary-General to make use of this Georgia’s State Minister on Conflict Resolution Issues mandate in order to support the parties in implementing and the Abkhaz de facto Minister for Foreign Affairs. measures to build confidence and to establish an intensive Both sides agreed on modalities for the release and and meaningful dialogue, with a view to achieving a lasting handing over of the seven Abkhaz detainees, which and comprehensive settlement, including the facilitation of took place on 27 October, with unomig assistance. a meeting at the highest level, and to inform the Council They also announced a preliminary understanding on in his next report on the situation in Abkhazia, Georgia, the holding of meetings on security issues between the on progress made in this respect; two sides, unomig and the cis Collective Peacekeep- 21. Strongly supports the efforts of the Special Repre- ing Forces. The Secretary-General expressed the hope sentative of the Secretary-General for Georgia, and calls that, on that basis, regular contacts on security issues upon the Group of Friends of the Secretary-General to continue giving him their steadfast and unified support; could start in early 2008. 22. Decides to remain actively seized of the matter. Weekly quadripartite meetings remained sus- pended. The Joint Fact-Finding Group had nine cases Communication. In a 30 October letter open, four of which were awaiting closure. The focus [S/2007/644], Georgia informed the Security Council remained on the investigation into the disappearance President of an incident the same day, during which of Mr. Sigua, which was on hold owing to the una- Russian peacekeepers in three armoured personnel vailability of some important witnesses and unomig carriers surrounded a youth peace camp in Georgia’s involvement in other high-profile incidents. The Zugdidi district and allegedly severely beat five Geor- unomig Fact-Finding Team completed its indepen- gian Ministry of Internal Affairs personnel guarding dent investigation into the 20 September armed inci- the camp. The guards were only released after the in- dent (see p. 415) and issued a report. tervention of Georgian police. Georgia stated that the Meeting of Group of Friends (December). The Russian peacekeepers had acted in violation of the cis Special Representative continued to maintain regular mandate, and that the incident was the latest in a se- contact with both sides, as well as the Group of Friends, ries of destabilizing acts by the Russian side aimed at in Tbilisi and in their respective capitals. He took part undermining the peace process. in a meeting of the senior representatives of the Group Further report of Secretary-General. In a report of Friends (Oslo, Norway, 12 December), which ad- on the situation in Abkhazia, Georgia, during late dressed the prevailing situation and the implementa- 2007 [S/2008/38], the Secretary-General stated that the tion of Security Council resolution 1781(2007). Abkhaz leadership maintained its objections to official Statement by Secretary-General. The Secretary- political dialogue until the situation created in the up- General, in a 12 December press statement [SG/ per Kodori Valley by the July 2006 special operation SM/11327], took note of the concerns expressed by both [YUN 2006, p. 479] was addressed. Georgia reaffirmed sides about impending threats and major build-up of that the situation in the Valley was not negotiable. armed forces in the zone of conflict and the Kodori Moreover, the Abkhaz side saw what it described as a Valley. In such volatile context, the Secretary-General continuing Georgian military build-up, including in called for calm and restraint and supported the Coun- the upper Kodori Valley, which confirmed its fears of cil’s call in resolution 1781(2007) (see p. 415) for all a possible use of force by the Government of Georgia. parties to consider and address each other’s legitimate In turn, Georgia’s apprehensions about a possible Ab- security concerns, refrain from any act of violence and khaz attack in the Valley had been strengthened by the provocation and comply with previous agreements position, reiterated by Sukhumi, that the upper Kodori regarding ceasefire and non-use of violence. Valley was an integral part of Abkhazia and that, if the issue was not resolved diplomatically, the Abkhaz side might take other measures. Situation on the ground Unomig followed up with both sides on the un- derstandings recorded during the June meeting of Kodori Valley the Group of Friends (see p. 413) relating to the re- On 11 March, the Georgian Ministry of Internal sumption of the quadripartite meetings on security; Affairs informedunomig that five helicopters had ap- the investigation into the disappearance of Mr. Sigua; proached the upper Kodori Valley from the north and 418 Political and security questions fired rockets at the villages of Chkhalta and Adjara. confirmed that incursion, but was unable to confirm In addition, artillery rockets, allegedly fired from the that the aircraft had been shot down. south, had also hit the upper Kodori Valley. The build- On 1 September, the cis peacekeeping force re- ing of the Government of the Autonomous Republic ported hearing helicopter sounds in the lower Kodori of Abkhazia in Chkhalta and a post of the Ministry Valley, and one Abkhaz militiaman claimed to have of Internal Affairs were damaged, but no casualties observed a Georgian helicopter near a village in the were reported. Thecis peacekeeping force checkpoint lower Kodori Valley. No independent confirmation of in the lower Kodori Valley reported observing flares the report was available. The cis peacekeeping force and hearing bursts of automatic weapons fire, as well launched two helicopter patrols in the area that same as truck movement. The following day, a Joint Fact- day and reported observing signs of the presence of Finding Group investigation was convened with the personnel and equipment at various places on the consent and participation of all its members, namely heights north of a cis peacekeeping force checkpoint the Georgian and Abkhaz sides, the cis peacekeeping in the lower Kodori Valley. Georgia responded that force and unomig. In an unprecedented development, those locations were not occupied by Georgian per- Georgian Joint Fact-Finding Group participants ac- sonnel. Investigation by unomig patrols to the Kodori companied the Group through the Abkhaz-controlled Valley was ongoing. territory en route to the upper Kodori Valley, and Ab- khaz representatives accompanied the Group through- Gali and Zugdidi sectors out the investigation in the Valley as well. Unomig had taken note of the fact that, notwithstanding the During the first months of 2007, the focus of ten- seriousness of the incident, the two sides and the in- sions between the two sides shifted to the zone of ternational community had taken a prudent stance conflict, in particular to the Gali district. The overall in their public statements and allowed the Joint Fact- security situation in the Gali sector was characterized Finding Group to carry out its work. by high tensions between the two sides, particularly in relation to the self-styled elections (see p. 412). On 25 June, the Abkhaz side informed unomig about the alleged presence of two Georgian observa- On 5 January, one Georgian policeman was killed tion posts in the lower Kodori Valley and requested and another wounded in an attack with rocket- the Mission to assess the situation. On 26 June, propelled grenades and small-arms fire on a Geor- unomig and the cis peacekeeping force sent a joint gian checkpoint in the village of Ganmukhuri, close patrol to the area designated by the Abkhaz side. The to the ceasefire line. That was the third violent inci- patrol confirmed and photographed, using special dent within days. Unomig launched special patrols, optical instruments, the presence of seven unidenti- including its Fact-Finding Team, to investigate the fied uniformed persons, one of whom was armed. The incident. The Chief Military Observer visited the site, Georgian side denied having any presence in Abkhaz- took part in the investigation and convened the Joint controlled areas and expressed its own concern about Fact-Finding Group on 9 January. the reports. On 30 June, unomig launched a special On 1 March, an exchange of fire took place across patrol to reoccupy its temporary observation post in the ceasefire line between Abkhaz militia and Geor- order to monitor the new positions or react imme- gian law enforcement officers during a protest against diately to any new development in the lower Kodori the self-styled election by a newly established Geor- Valley. On 4 July, the patrol confirmed the presence of gian youth movement. Unomig subsequently initi- the unidentified group. Thecis peacekeeping force re- ated an investigation into the incident. inforced its two check posts in the lower Kodori Valley, Criminal activity as reported to unomig patrols including with a mine-clearance team, and increased included six shootings, six robberies and four ab- the number of foot patrols in the area. In addition, ductions. The resurgence of brutal kidnappings for the surrounding heights were occupied during day- ransom was a worrisome development, including the light for enhanced observation, and air patrols were abduction on 3 February of David Sigua, head of the made early in July. The Abkhaz side also reinforced its Gali de facto Election Committee (see p. 413). The check post and increased foot patrols in the area. Abkhaz side claimed that Georgian Special Forces On 21 August, the Georgian side reported that its were behind the incident and that the reason for the radar in Tbilisi had traced an unidentified aircraft en- abduction was his cooperation with the de facto au- tering the Kodori Valley from the Russian Federation. thorities. The Georgian side denied any involvement. On 24 August, Georgian mass media reported that an In mid-2007, the security situation in the Gali sec- unidentified aircraft had violated Georgian airspace tor improved and was generally calm, with occasional in the upper Kodori Valley two days earlier and was spikes of tension, in particular in connection with the shot down by Georgian border guards in the area. On Georgian presidential election. At the same time, a 25 August, the Georgian Ministry of Internal Affairs sense of volatility and unpredictability remained. Europe and the Mediterranean 419

Unomig maintained a vigorous, irregular pattern of tive boundary. The Georgian side said that a group of patrolling throughout the sector, including deploy- Abkhaz “saboteurs” had entered Georgian-controlled ment of temporary forward patrol bases to enhance territory to disrupt work on the road to the upper visibility and reaction capabilities. In early Decem- Kodori Valley, which was under construction, in an ber, the Abkhaz leadership decided to increase the attempt to isolate the Valley from the rest of Georgia. number of security personnel in the security and re- It indicated that, after an initial confrontation, fol- stricted weapons zones, reportedly as a precautionary lowed by an intense pursuit, the final clash had taken measure. Through its daily patrols,unomig estimated place on the Georgian-controlled side of the admin- that, despite the increase, the presence of Abkhaz se- istrative boundary. With the consent of both sides, curity personnel in the security zone did not exceed unomig carried out its own independent fact-finding the agreed 600 personnel. efforts to clarify the circumstances of the incident. During 2007, the Mission continued its vigorous Tensions rose dramatically on 30 October during the pattern of patrolling throughout the Gali district, incident involving the cis peacekeeping force and the including a large number of special patrols to verify Georgian Ministry of Internal Affairs personnel in the Georgian press reports and official statements. By and vicinity of the Ganmukhuri Patriotic Youth Camp large, those patrols found that the information was close to the ceasefire line (see p. 417). The incident sometimes baseless, sometimes only partially correct compounded the already tense relationship between and, in some cases, misconstrued. There were also the cis peacekeeping force and the Georgian side. growing allegations levelled specifically at the cis peacekeeping force in the Gali sector, which, after Humanitarian situation and human rights verification by unomig patrols, proved mostly to be The UN Human Rights Office in Abkhazia, groundless. On 25 and 28 July, a convoy of Georgian Georgia, continued its efforts to promote human Ministry of Internal Affairs personnel, en route to rights protection and to provide support to local non- the upper Kodori Valley through the security zone, governmental organizations (ngos). It continued to refused to be subjected to checking procedures by conduct regular monitoring visits to detention facili- cis peacekeeping forces personnel. The Georgian side ties, monitor court trials and provide legal advisory stressed that the post was an observation post, not a services to the local population. The Office followed check post, and therefore had no authority to stop up on individual cases related to due process and the or check Georgian vehicles. It also argued that those right to a fair trial, arbitrary detention, illegal occu- procedures caused undue inconvenience to the local pation of property, housing and property rights, free- population moving between the Svaneti and Zug- dom of religion and the right to work. It followed didi districts. The cis peacekeeping force argued that closely the issues that had an impact on the life of stringent measures were required because of a lack residents in the Gali district: it monitored conscrip- of notification by the Georgian side of movements tion practices in the district, as well as the freedom of between the upper Kodori Valley and the Zugdidi movement of local residents and the issue of language sector. Tensions subsided following a 30 July meet- of instruction, a concern to the local population and ing between the cis peacekeeping force Commander those willing to return. The Office continued regu- and Georgian officials, during which measures for the lar monitoring visits to the Gali, Ochamchira and verification of convoys were agreed upon. Tkvarcheli de facto police detention centres. In par- On 10 May, an incident involving a cis peacekeep- ticular, the Office closely followed the detention of ing force patrol and personnel of the Georgian Ministry the three Georgian students arrested on 1 March and of Internal Affairs occurred when the patrol attempted provided them with legal assistance. It also continued to enter the Ganmukhuri Patriotic Youth Camp in the to draw the attention of the de facto authorities to security zone. The unomig Chief Military Observer the need to discontinue the discriminatory practice of ordered a joint investigation into the incident. declining as inadmissible property rights claims filed On 20 September, an armed clash between the by owners who had fled since 1992 as a result of forced Georgian and Abkhaz sides took place outside the displacement. On a related issue, the Office called the zone of conflict (see p. 415). Seven Abkhaz person- attention of the Abkhaz de facto Parliament to the nel were apprehended by the Georgian side, and two fact that draft legislation, which attempted to restrict former Russian officers reportedly on contract with the scope and rights of internally displaced persons, the Abkhaz forces were killed. The two sides provided would be in breach of international law and would different versions of the incident. The Abkhaz authori- undermine the fundamental right of return. ties claimed it to be a raid by Georgian Ministry of In- In April, the Office began to implement, in co- ternal Affairs personnel on the Abkhaz training camp operation with local ngos, four projects funded by co-located with a de facto border guard post within Switzerland: a trust telephone line for male and fe- Abkhaz-controlled territory, close to the administra- male detainees; free legal and psychological aid for 420 Political and security questions vulnerable groups; awareness-raising on human rights United Nations Observer Mission in Georgia, and the issues based on the collection of testimonies from re- subsequent resolutions by which the Council extended the pressed persons; and the dissemination of knowledge mandate of the Observer Mission, the latest of which was on domestic violence. resolution 1752(2007) of 13 April 2007, The Office, with UN police and the Mission’s Recalling further its decision 48/475 A of 23 December 1993 on the financing of the Observer Mission and its gender focal point, held a training seminar on the subsequent resolutions and decisions thereon, the latest of protection of women from sexual exploitation in which was resolution 60/273 of 30 June 2006, post-conflict societies. Through its Trust Fund, the Reaffirmingthe general principles underlying the financ- Mission began construction, in October, of a new po- ing of United Nations peacekeeping operations, as stated in lice station and training centre in the Zugdidi district, General Assembly resolutions 1874(S-IV) of 27 June 1963, as part of the rehabilitation programme funded by the 3101(XXVIII) of 11 December 1973 and 55/235 of 23 De- European Commission. cember 2000, In September, the UN country team undertook a Mindful of the fact that it is essential to provide the comprehensive review of economic and social needs Observer Mission with the necessary financial resources in Abkhazia, Georgia. The World Food Programme to enable it to fulfil its responsibilities under the relevant (wfp), the Office of the United Nations High Com- resolutions of the Security Council, missioner for Refugees (unhcr), the United Nations 1. Requests the Secretary-General to entrust the Head Development Programme (undp), the United Nations of Mission with the task of formulating future budget pro- Children’s Fund (unicef) and the Food and Agriculture posals in full accordance with the provisions of General Assembly resolutions 59/296 of 22 June 2005, 60/266 of Organization of the United Nations (fao) participated 30 June 2006 and 61/276 of 29 June 2007, as well as other in the work of the review team, whose final report would relevant resolutions; be available in 2008. The report would provide recom- 2. Takes note of the status of contributions to the United mendations for future programming in the region. Nations Observer Mission in Georgia as at 31 March 2007, In early December, the Office received complaints including the contributions outstanding in the amount of related to restrictions of freedom of movement across 11 million United States dollars, representing some 4 per the ceasefire line, which were subsequently lifted. On cent of the total assessed contributions, notes with concern 10 December, a Human Rights Centre was officially that only twenty-six Member States have paid their assessed opened in Gali. contributions in full, and urges all other Member States, in particular those in arrears, to ensure payment of their outstanding assessed contributions; Financing 3. Expresses its appreciation to those Member States On 29 June [meeting 104], the General Assembly, hav- which have paid their assessed contributions in full, and ing considered the financial performance report on the urges all other Member States to make every possible effort unomig budget covering the period from 1 July 2005 to ensure payment of their assessed contributions to the Observer Mission in full; to 30 June 2006 [A/61/700], the budget for unomig covering the period from 1 July 2007 to 30 June 2008 4. Expresses concern at the delay experienced by the , and acabq comments and recom- Secretary-General in deploying and providing adequate re- [A/61/764 & Corr.1] sources to some recent peacekeeping missions, in particular mendations thereon [A/61/852/Add.10], adopted, on the those in Africa; recommendation of the Fifth Committee [A/61/972], 5. Emphasizes that all future and existing peacekeep- resolution 61/283 without vote [agenda item 140]. ing missions shall be given equal and non-discriminatory treatment in respect of financial and administrative Financing of the United Nations arrangements; Observer Mission in Georgia 6. Also emphasizes that all peacekeeping missions shall The General Assembly, be provided with adequate resources for the effective and Having considered the reports of the Secretary-General efficient discharge of their respective mandates; on the financing of the United Nations Observer Mission 7. Reiterates its request to the Secretary-General to in Georgia and the related report of the Advisory Commit- make the fullest possible use of facilities and equipment tee on Administrative and Budgetary Questions, at the United Nations Logistics Base at Brindisi, Italy, Recalling Security Council resolution 854(1993) of 6 Au- in order to minimize the costs of procurement for the gust 1993, by which the Council approved the deployment Observer Mission; of an advance team of up to ten United Nations military 8. Endorses the conclusions and recommendations observers for a period of three months and the incorpora- contained in the report of the Advisory Committee on tion of the advance team into a United Nations observer Administrative and Budgetary Questions, and requests the mission if such a mission was formally established by the Secretary-General to ensure their full implementation; Council, 9. Requests the Secretary-General to ensure the full Recalling also Security Council resolution 858(1993) implementation of the relevant provisions of its resolutions of 24 August 1993, by which the Council established the 59/296, 60/266 and 61/276; Europe and the Mediterranean 421

10. Also requests the Secretary-General to take all of the estimated staff assessment income approved for the action necessary to ensure that the Observer Mission is ad- United Nations Logistics Base; ministered with a maximum of efficiency and economy; 18. Further decides that, for Member States that have 11. Further requests the Secretary-General, in order to fulfilled their financial obligations to the Observer Mis- reduce the cost of employing General Service staff, to con- sion, there shall be set off against their apportionment, as tinue efforts to recruit local staff for the Observer Mission provided for in paragraph 14 above, their respective share of against General Service posts, commensurate with the the unencumbered balance and other income in the amount requirements of the Mission; of 4,787,400 dollars in respect of the financial period ended 30 June 2006, in accordance with the levels updated in Financial performance report for General Assembly resolution 58/256 of 23 December 2003, the period from 1 July 2005 to 30 June 2006 and taking into account the scale of assessments for 2006, 12. Takes note of the report of the Secretary-General as set out in its resolution 58/1 B of 23 December 2003; on the financial performance of the Observer Mission for 19. Decides that, for Member States that have not ful- the period from 1 July 2005 to 30 June 2006; filled their financial obligations to the Observer Mission, there shall be set off against their outstanding obligations Budget estimates for the period their respective share of the unencumbered balance and from 1 July 2007 to 30 June 2008 other income in the total amount of 4,787,400 dollars in respect of the financial period ended 30 June 2006, in ac- 13. Decides to appropriate to the Special Account cordance with the scheme set out in paragraph 18 above; for the United Nations Observer Mission in Georgia the 20. Also decides that the decrease of 62,700 dollars in amount of 36,708,200 dollars for the period from 1 July the estimated staff assessment income in respect of the fi- 2007 to 30 June 2008, inclusive of 35,009,800 dollars for nancial period ended 30 June 2006 shall be set off against the maintenance of the Observer Mission, 1,460,700 dol- the credits from the amount of 4,787,400 dollars referred lars for the support account for peacekeeping operations and to in paragraphs 18 and 19 above; 237,700 dollars for the United Nations Logistics Base; 21. Emphasizes that no peacekeeping mission shall be financed by borrowing funds from other active peacekeep- Financing of the appropriation ing missions; 14. Also decides to apportion among Member States the 22. Encourages the Secretary-General to continue amount of 10,706,600 dollars for the period from 1 July to to take additional measures to ensure the safety and se- 15 October 2007, in accordance with the levels updated in curity of all personnel under the auspices of the United General Assembly resolution 61/243 of 22 December 2006, Nations participating in the Observer Mission, bearing in and taking into account the scale of assessments for 2007, mind paragraphs 5 and 6 of Security Council resolution as set out in its resolution 61/237 of 22 December 2006; 1502(2003) of 26 August 2003; 15. Further decides that, in accordance with the provi- 23. Invites voluntary contributions to the Observer sions of its resolution 973(X) of 15 December 1955, there Mission in cash and in the form of services and supplies shall be set off against the apportionment among Member acceptable to the Secretary-General, to be administered, States, as provided for in paragraph 14 above, their respect- as appropriate, in accordance with the procedure and ive share in the Tax Equalization Fund of 740,200 dol- practices established by the General Assembly; lars, comprising the estimated staff assessment income of 24. Decides to include in the provisional agenda of its 692,100 dollars approved for the Observer Mission, the sixty-second session the item entitled “Financing of the prorated share of 43,400 dollars of the estimated staff as- United Nations Observer Mission in Georgia”. sessment income approved for the support account and the prorated share of 4,700 dollars of the estimated staff assess- By decision 62/546 of 22 December, the Assem- ment income approved for the United Nations Logistics bly decided that the agenda item on the financing of Base; unomig would remain for consideration during its 16. Decides to apportion among Member States the resumed sixty-second (2008) session. amount of 26,001,600 dollars for the period from 16 Oc- tober 2007 to 30 June 2008 at a monthly rate of 3,059,017 dollars, in accordance with the levels updated in General Assembly resolution 61/243, and taking into account the scale of assessments for 2007 and 2008, as set out in its res- Armenia and Azerbaijan olution 61/237, subject to a decision of the Security Council to extend the mandate of the Observer Mission; In 2007, Armenia and Azerbaijan maintained their 17. Also decides that, in accordance with the provisions positions with regard to the Nagorno-Karabakh region of its resolution 973(X), there shall be set off against the of Azerbaijan, which had erupted in conflict in 1992 apportionment among Member States, as provided for in . Both sides addressed communica- paragraph 16 above, their respective share in the Tax Equal- [YUN 1992, p. 388] ization Fund of 1,797,500 dollars, comprising the estimated tions regarding the conflict to the Secretary-General. staff assessment income of 1,680,800 dollars approved for The Organization for Security and Cooperation in Eu- the Observer Mission, the prorated share of 105,300 dollars rope (osce) Minsk Group (France, Russian Federa- of the estimated staff assessment income approved for the tion, United States) continued to mediate the dispute support account and the prorated share of 11,400 dollars between Armenia and Azerbaijan. 422 Political and security questions

Report of OSCE environmental assessment On 20 February [A/61/756], Belarus, as Chair of the mission. In accordance with General Assembly reso- Collective Security Treaty Organization, transmitted lution 60/285 [YUN 2006, p. 484], Belgium transmitted to the Secretary-General a statement by the Organiza- to the Secretary-General the report [A/61/696] of the tion’s member States (Armenia, Belarus, Kazakhstan, environmental assessment mission led by osce to the Kyrgyzstan, Russian Federation, Tajikistan, Uz- fire-affected territories in and around the Nagorno- bekistan) supporting the 15 February joint statement Karabakh region, which was conducted from 2 to 13 by the Co-Chairmen of the osce Minsk Group. October 2006. The mission’s mandate was to assess On 22 February [A/61/761-S/2007/105], Azerbaijan the short- and long-term impact of the fires of summer transmitted the text of an appeal by displaced persons 2006 [YUN 2006, p. 484] on the environment in the from the town of Khojaly, addressed to the United Na- fire-affected territories and make recommendations for tions, osce and the Council of Europe, calling for a legal counteracting any detrimental impact. and political assessment of the Khojaly genocide on its The mission concluded that the 2006 long, hot and fifteenth anniversary, assistance in restoring the territo- dry fire season provided the conditions for the occur- rial integrity of Azerbaijan, and the return of more than rence and large-scale spread of severe fires on both sides 1 million refugees and internally displaced persons. of the Line of Contact. The areas burned were exten- Azerbaijan, in letters of 1 [A/61/938-S/2007/327] and sive and the impact on people, the economy and the 7 June [A/61/947-S/2007/339], transmitted to the Secretary- environment significant. On both sides of the Line of General paragraphs contained in the Islamabad Contact, fires were a matter of great concern and the Declaration and Final Communiqué, adopted by the mission was told how all available means were used to thirty-fourth session of the Islamic Conference (oic) stop them, often unsuccessfully. The mission made rec- of Foreign Ministers (Islamabad, Pakistan, 15-17 ommendations on how to rehabilitate the fire-affected May), with regard to the conflict in and around the areas, and outlined a series of actions and projects to Nagorno-Karabakh region, and a resolution adopted prevent the recurrence of such fires. The mission rec- at the session entitled “The Aggression of the Republic ommended joint capacity-building and training in fire of Armenia against the Republic of Azerbaijan”. The prevention and preparedness, fire management and latter communication also included the report of the fire suppression, as well as regional enhanced coop- oic Secretary-General on the alleged aggression of eration on both fire and water management issues in Armenia against Azerbaijan. regional and international frameworks. Other recom- On 5 July [A/61/991-S/2007/410], Azerbaijan trans- mendations related to the modernization of equipment mitted to the Secretary-General the statement of its and fire research, and short-term initiatives for which Ministry of Foreign Affairs regarding the forthcoming steps should be taken immediately. The mission hoped 19 July presidential elections in the occupied Nagorno- that, further to its recommendations, fires might be Karabakh region. The Ministry stated that the con- transformed from an additional source of conflict into duct of such elections violated the relevant provisions an opportunity for regional cooperation, confidence- of Azerbaijan’s Constitution and the norms and prin- building and reconciliation. ciples of international law, since they would be held in In its comments on the osce report, transmitted the absence of the original Azerbaijani population of to the Secretary-General on 15 January [A/61/702], the Nagorno-Karabakh region, and, therefore, would Armenia said that the satellite-based images of the re- have no legal effect whatsoever. On 9 July, Azerbaijan, gion provided by the Azerbaijani side were selective in a further communication [A/61/1000-S/2007/422], and incomplete and deliberately excluded the areas transmitted the statement by the Council of Ministers burned further west of the Line of Contact. It called for Foreign Affairs of the Organization for Democ- on Azerbaijan to implement joint efforts and coopera- racy and Economic Development (guam) regarding tion between the sides to address the consequences of the forthcoming “presidential elections” to be held on fires and prevent their reoccurrence. 19 July in the occupied Nagorno-Karabakh region of Azerbaijan. The guam Council of Ministers for For- Communications. On 15 February [A/61/753], Armenia transmitted to the Secretary-General a joint eign Affairs called on the international community to statement by the Co-Chairmen of the osce Minsk condemn such an illegal act and to support the ongo- Group on the peaceful settlement of the Nagorno- ing efforts to find a peaceful resolution of the conflict Karabakh conflict. The Co-Chairmen expressed the on the basis of the territorial integrity of Azerbaijan hope that the sides would maintain the momentum within its internationally recognized borders. that had developed in the negotiations in recent In a 20 July letter [A/61/1006-S/2007/452], Azerbaijan months and that the Foreign Ministers of Armenia drew the Secretary-General’s attention to the reaction and Azerbaijan would meet again in the near future of the international community to the presidential to overcome the remaining differences on the basic elections. It attached to its letter a communication by principles of a future settlement agreement. osce, oic, the Council of Europe, the European Par- Europe and the Mediterranean 423 liament, and the eu condemning the elections. The Following a 2005 agreement between Moldova and United States, France, Norway, Turkey, Ukraine, Latvia Ukraine, all Transnistrian companies seeking to ex- and others also condemned the elections. On 23 July port goods though the Ukrainian border had to be [A/61/1010-S/2007/455], Azerbaijan said it welcomed the registered with the Moldovan authorities. principled and unequivocal position of the international Communications. On 6 March [A/61/785], Geor- community with regard to the presidential elections. It gia and Moldova, in a joint statement transmitted to called on Armenia to negotiate in good faith with a view the Secretary-General, expressed concern over vari- to finding a durable solution to the conflict. ous issues, including the use of the titles “minister” or In a later letter of 17 August [A/61/1030-S/2007/505], “president” in official communications by the State -in Azerbaijan again drew the Secretary-General’s atten- stitutions of the Russian Federation with regard to the tion to further reaction of the international commu- Transnistrian Government representatives in Moldova; nity to the presidential elections held in July in the the unclear positions of the Russian Federation towards occupied Nagorno-Karabakh region. It also said that elections and independence referendums conducted by municipal elections, scheduled for October, would also the Transnistrian, Abkhaz and South Ossetian leader- have no legal validity. ships; and the issuance of Russian passports to the resi- dents of separatist-controlled territories in Georgia and On 8 October [A/62/491-S/2007/615], Azerbaijan transmitted to the Secretary-General a report entitled Moldova. They both called on the Russian Federation “Military occupation of the territory of Azerbaijan: to implement all remaining Istanbul commitments legal assessment”. [YUN 1999, p. 378] and to complete the withdrawal of its forces from both Georgia and Moldova. They were In an 18 October letter [A/62/507-S/2007/636], Paki- also concerned over the failure of the five-plus-two ne- stan, as chair of the oic Group in New York, submitted gotiations on Transnistria, Moldova, which had been to the Secretary-General the final communiqué of the suspended for over a year, to resume. annual coordination meeting of Ministers for Foreign On 18 May , Moldova transmitted to Affairs of States members ofoic , which mentioned the [A/61/916] the Secretary-General the comments of its Ministry dispute between Azerbaijan and Armenia and pro- of Reintegration in response to allegations by the na- vided an update on other regional conflicts. tional and international press, as well as some foreign The General Assembly, by decision 61/564 of 17 officials, regarding an economic blockade of Transnis- September, deferred consideration of the agenda item tria. Moldova drew attention to its 17 March decision on the situation in the occupied territories of Azerbai- granting Transnistrian enterprises the right to receive jan and included it in the agenda of its sixty-second preferential certificates of origin for exports to the eu (2007) session. By decision 62/546 of 22 December, and cis States, as well as other European States. It said the Assembly decided that the agenda item would re- that speculations about the alleged economic blockade main for consideration during its resumed sixty-second was ill-intentioned and aimed at misinforming busi- (2008) session. nesses on the left bank of the Dniestre River as well as the leadership of certain States. On 5 September [A/61/1043], Moldova transmitted Republic of Moldova to the Secretary-General a statement on the situation in the security zone in the country, expressing concern that it had been continuously deteriorating over the In Moldova, the breakaway territory of Transnis- last months. It said that the committed infringements tria, located mostly in a strip between the Dniestre were mainly related to the restriction of the right to River and the eastern Moldovan border with Ukraine, free movement of citizens, goods and services, a right had been governed de facto, since its declaration of stipulated in article 5 of the 21 July 1992 ceasefire independence in 1990, by the unrecognized Prid- agreement, and to the impediment of the activity of nestrovian Moldavian Republic (pmr). The Repub- educational institutions. lic of Moldova did not recognize the secession and considered pmr-controlled territories to be a part of Moldova’s sovereign territory. Tensions between the Moldovan Government and the breakaway pmr es- Organization for Democracy calated into a military conflict in March 1992, and concluded by a ceasefire in July of the same year. As and Economic Development part of that agreement, a three-party (Russian Federa- tion, Moldova, Transnistria) Joint Control Commis- Communications. On 10 February [A/61/775- sion was set up to supervise the security arrangements S/2007/120], Ukraine, as a representative of the country in the demilitarized zone. Although the ceasefire held, coordinator of the Organization for Democracy and the territory’s political status remained unresolved. Economic Development (guam)–area countries (Geor- 424 Political and security questions gia, Ukraine, Azerbaijan, Moldova) transmitted to the resumption of the Secretary-General’s mission of good Secretary-General a statement by guam member States offices, which had been discontinued following the dis- regarding the contentious local and parliamentary appointing results of the April 2004 referenda [YUN elections in Abkhazia, Georgia, scheduled to be held 2004, p. 440] on the “Comprehensive Settlement of the on 11 February and 4 March. Thh ey underlined that Cyprus Problem” [ibid., p. 438]. The Secretary-General’s any support or call for support to the elections would Special Representative in Cyprus continued to assist the contradict the universally recognized norms and prin- two sides in implementing the 8 July 2006 Set of Prin- ciples of international law pertaining to the respect for ciples and Decision [YUN 2006, p. 487], which included the sovereignty and territorial integrity of States, the a commitment to the unification of Cyprus based on a inviolability of their internationally recognized borders bizonal, bicommunal federation and political equality, and the inadmissibility of interference in their inter- and an agreement to meet regularly on issues affecting nal affairs. On 9 March[A/61/798-S/2007/149] , Ukraine the day-to-day life of the Cypriot people. However, de- transmitted another statement of guam member States spite a meeting between the Greek Cypriot and Turkish expressing again their concern over the holding of Cypriot leaders in September and sets of proposals the elections and urging the de facto Government in on confidence-building measures presented to the Abkhazia, Georgia, to engage in dialogue with the Secretary-General by both leaders, mutual recrimina- Georgian Government and to cease all unlawful tions persisted, as the main differences between the par- activities against the peace process. ties continued with regard to preparations for negotia- In a joint letter sent by all four guam member tions and the need for a time frame. States to the Secretary-General on 25 June [A/61/984- The United Nations Peacekeeping Force in Cyprus S/2007/384], the member States transmitted the fol- (unficyp) continued to cooperate with its UN part- lowing documents adopted at the guam Summit ners and local actors to facilitate projects for the bene- (Baku, Azerbaijan, 18-19 June): the Baku Declaration fit of both Greek and Turkish Cypriots in and outside “Guam: Bringing Continents Together”; the Baku the buffer zone and to promote confidence-building guam Summit communiqué; the communiqué of the measures between them. The Security Council ex- guam-Poland meeting on guam-Poland cooperation; tended the unficyp mandate twice during the year, the guam–United States joint statement; and the joint the second time until June 2008. press statement of the guam-Japan meeting. On 9 July [A/61/1000-S/2007/422], Azerbaijan trans- Incidents and position statements mitted to the Secretary-General a statement by the guam Council of Ministers for Foreign Affairs re- Communications. Throughout 2007, the Secretary- garding the contentious presidential elections sched- General received letters from the Government of Cy- uled to be held on 19 July in the occupied Nagorno- prus and from Turkish Cypriot authorities containing Karabakh region. The Ministers for Foreign Affairs charges and counter-charges, protests and accusations, expressed their concern over the reported intention of and explanations of positions regarding the question of the Nagorno-Karabakh Government to conduct those Cyprus. Letters from the “Turkish Republic of North- elections, and stressed that doing so would represent ern Cyprus” were transmitted by Turkey. In communi- a violation of the Constitution of Azerbaijan, as well cations dated between 14 February and 18 December, as norms and principles of international law. Cyprus reported violations of its national airspace and The General Assembly, by decision 61/565 of 17 unauthorized intrusion into the Nicosia flight infor- September, deferred consideration of the agenda item mation region by Turkish military jets and civilian air- “Protracted conflicts in the guam area and their im- craft [A/61/746-S/2007/89, A/61/862-S/2007/214, A/61/931- plications for international peace, security and devel- S/2007/317, A/61/956-S/2007/362, A/61/1025-S/2007/483, opment” and included it in the draft agenda of its A/62/472-S/2007/595, A/62/590-S/2007/745]. The “Turk- sixty-second (2007) session. ish Republic of Northern Cyprus” refuted those allega- The Assembly, by decision 62/546 of 22 December, tions, claiming the existence of two independent States decided that the item would remain for consideration on the island of Cyprus and stating that the flights during its resumed sixty-second (2008) session. mentioned took place within the sovereign airspace of the “Turkish Republic of Northern Cyprus” [A/61/754- S/2007/99, A/61/881-S/2007/233, A/61/985-S/2007/383, . Cyprus A/61/1033-S/2007/516, A/62/500-S/2007/626] By a 31 January letter [A/61/726-S/2007/52], Cyprus stated that a 30 January statement by the Turkish Min- In 2007, no substantive progress was made in resolv- istry of Foreign Affairs, which followed a similar dec- ing the Cyprus problem, despite renewed calls by both laration by the Turkish Cypriot leader, regarding the the Greek Cypriot and Turkish Cypriot leaders for a Cyprus Government’s decision to initiate procedures Europe and the Mediterranean 425 for oil and gas drilling within its exclusive economic sive settlement, initiated in July 2006 [YUN 2006, p. 486], zone, constituted a dangerous provocation and a threat seemed deadlocked because of Greek Cypriot delaying to regional peace and stability. It was also a violation of tactics, which had shifted the basis for the Cyprus ques- Cyprus’s sovereignty, territorial integrity and sovereign tion from the United Nations to the eu. It recalled the rights. Furthermore, Cyprus stressed that the relevant 3 April warning of the President of the “Turkish Repub- decisions of its Government were in full conformity lic of Northern Cyprus” that, without a specific time- with its sovereign rights under the 1982 United Nations table and predetermined topics, the process would turn Convention on the Law of the Sea [YUN 1982, p. 178]. into “talking shops”. Turkey pledged to engage in fully fledged negotiations under the UN framework. In its On 2 February [A/61/727-S/2007/54], the “Turkish Re- public of Northern Cyprus” took issue with the Greek 15 May response [A/61/913-S/2007/288], Cyprus rejected Cypriot administration, which, it said, had recently con- Turkey’s deliberate distortions and misinterpretations of cluded an agreement with Lebanon on the delimitation the Treaties of Establishment, Alliance and Guarantee of the exclusive economic zone. The “Turkish Republic and took issue with some of the remarks made by the of Northern Cyprus” stated that the agreement under- Turkish Cypriot leader, Mehmet Ali Talat, during a May mined the rights and interests of the Turkish Cypriot interview that, given the latest developments on the Cy- side, was null and void and was not binding on the prus issue, he was under no immediate pressure to make Turkish Cypriot people or the island as a whole. On 23 any concessions to reach a solution. On 6 July [A/61/994- July [A/61/1011-S/2007/456], Turkey stated that the Greek S/2007/418], the “Turkish Republic of Northern Cyprus”, Cypriot attempts to delimit maritime jurisdiction areas, in reference to the 15 May letter by Cyprus, refuted the as well as to explore oil and natural gas deposits in the “gross misrepresentations and distortions”. Eastern Mediterranean, continued unabated and that On 22 June [A/61/964-S/2007/377], Cyprus expressed those attempts had violated Turkey’s legitimate rights concern over the alleged demolition of Greek Cypriot and interests in the region and international law. On houses by Turkish forces in the town of Rizokarpaso 6 August [A/61/1020-S/2007/474], Cyprus stated that its without the owners’ consent. It commended the UN sovereign right to explore and exploit its natural re- peacekeeping forces for stopping the practice, which sources located in its exclusive economic zone and/or had resulted in 80 houses being demolished, with its continental shelf could not be questioned under the many others designated for demolition. The “Turk- 1982 Convention or international law. In a further 8 Au- ish Republic of Northern Cyprus”, on 8 August gust communication [A/61/1027-S/2007/487], the “Turk- [A/61/1026-S/2007/486], said that it was unfortunate ish Republic of Northern Cyprus” complained of alleged that the Greek Cypriot administration was misrepre- continuing provocative policies of the Greek Cypriot ad- senting and exploiting for political purposes a lawful, ministration, stating that attempts by that administration routine clean-up process carried out for the safety of to delimit maritime jurisdiction areas and explore oil and residents in the Karpas area. Those property owners natural gas deposits in the Eastern Mediterranean were who felt aggrieved by the action had a number of legal being carried out at the expense of legitimate rights and remedies available. interests of the Turkish Cypriot people. On 31 October [A/62/517-S/2007/649], “the Turkish On 21 February [A/61/757-S/2007/102], Cyprus re- Republic of Northern Cyprus” took issue with some of jected accusations made in 2006 [YUN 2006, p. 487] the remarks made by the Greek Cypriot leader, Tassos by the “Turkish Republic of Northern Cyprus” that it Papadopoulos, during his statement to the General was speeding up rearmament efforts. Quoting reliable Assembly on 26 September. sources, Cyprus noted the illegal stationing by Tur- key of 42,500 troops in Cyprus, armed with the latest military technology. In a 12 April response [A/61/859- Good offices mission S/2007/208], the “Turkish Republic of Northern Cy- The Secretary-General’s Special Representative prus” disputed the information about the presence of in Cyprus continued to facilitate implementation Turkish troops in Cyprus. On 7 September [A/61/1045- of the 8 July 2006 Set of Principles and Decision , it reiterated its accusation about Greek Cyp- S/2007/546] [YUN 2006, p. 487], by which the two sides agreed, riot rearmament efforts, particularly to procure 41 new as a contribution to a comprehensive settlement, to tanks for the Greek Cypriot National Guard. begin a two-track process of discussions by tech- On 27 April [A/61/885-S/2007/246], Turkey accused nical committees on day-to-day issues and work- Cyprus of pursuing a provocative policy that further ing groups on substantive issues. The Coordination complicated efforts to reach a comprehensive settle- Committee, comprising the advisers of the two ment, including the signing of an “Agreement in the leaders and the Special Representative, convened 14 Field of Defence” with France, in defiance of the 1960 meetings, in addition to a number of bilateral meet- Treaties of Establishment, Alliance and Guarantee. Tur- ings between the Special Representative and each key noted that the process to prepare for a comprehen- side, to agree on the modalities for the launching 426 Political and security questions of bicommunal working groups and technical com- and Mr. Talat on 16 October, expressed concern at mittees. Consensus was reached on the way forward, the lack of progress, and urged them to move the process based on the November 2006 procedural clarifica- forward. Both leaders presented to the Secretary-General tions and agreements [ibid.], on the issues for the a set of proposals concerning the 8 July 2006 pro- technical committees and working groups. How- cess and confidence-building measures. Mr. Talat’s ever, differences remained as to the interpretation proposals [A/62/499-S/2007/625] included new crossing of the agreement, especially on what constituted points and passages, and further cooperation meas- day-to-day matters and the mechanism for resolv- ures between the two sides through unficyp, includ- ing disagreements. Although an understanding ad ing transboundary issues, such as human trafficking referendum was reached at the Coordination Com- and human smuggling, narcotics and crime. He also mittee meetings on 9 and 10 March, it foundered on proposed the establishment of a reconciliation com- those points. Moreover, despite the commitment of mission. Mr. Papadopoulos submitted revised pro- the two leaders in July 2006 to ensure that the “right posals, but the main differences between the parties atmosphere” would prevail, including by putting an continued to centre on questions concerning prepara- end to the so-called blame game, the two sides con- tions for negotiations and the need for a time frame. tinued to engage in mutual recriminations. Meeting on 29 September with the Turkish Security Council members, in a 27 March press Prime Minister, the Secretary-General expressed his statement [SC/SM/8983], urged both communities disappointment that the 5 September meeting of the to work with the United Nations to implement the leaders had not resulted in any progress. In the light 8 July 2006 agreement, in particular through the im- of the various proposals made by both sides, the mediate creation of bicommunal working groups and Special Representative held a series of meetings with technical committees in order to prepare the ground the leaders and their aides to address all concerns, for full-fledged negotiations leading to a compre- and encouraged them to flexibly engage, particu- hensive settlement. The Council also welcomed the larly with regard to confidence-building measures. decision by Cyprus to remove the wall and National Guard post at Ledra Street in Nicosia as a step to- Both sides proposed further openings across the wards opening a new crossing point, as well as the buffer zone, including Ledra Street; a pull-back of earlier dismantling by the Turkish Cypriots of the military personnel from sensitive areas, particularly wall and pedestrian bridge on the north side of the in Nicosia; and the cessation of military exercises buffer zone in the same area. The Council hoped that near the buffer zone. In contrast to those positive such confidence-building measures would be part of signals, however, mutual recriminations continued a broader move to resume full-fledged negotiations. to be exchanged, undermining trust between the communities. On 24 April, the results of an independent island- wide opinion poll, commissioned by unficyp to evalu- ate the effectiveness and ongoing relevance of the UN UNFICYP work in Cyprus, indicated popular support in both communities for the 8 July 2006 agreement process In 2007, the United Nations Peacekeeping Force and its stated objectives. It revealed that a large major- in Cyprus (unficyp), established in 1964 ity in each community would accept a solution based [YUN 1964, p. 165], continued to monitor the ceasefire lines be- on a bizonal, bicommunal federation. According to the tween the Turkish and Turkish Cypriot forces on the same poll, only a small minority in each community northern side and the Cypriot National Guard on the believed that the status quo was the answer. southern side of the island; to maintain the military In July, the Greek Cypriot leader, Tassos Papa- status quo and prevent a recurrence of fighting; and to dopoulos, requested a meeting with the Turkish Cyp- undertake humanitarian and economic activities. riot leader, Mehmet Ali Talat. On the occasion of the anniversary of the 8 July 2006 agreement, the Secretary- Michael Møller (Denmark) continued in his ca- pacity as the Secretary-General’s Special Representa- General [SG/SM/11082] urged the two leaders to show the necessary imagination and political courage to tive in Cyprus and Chief of Mission. Major General move from talks about procedures to real engagement Rafael José Barni (Argentina) continued to serve as on substance. The leaders subsequently met on 5 Sep- Force Commander of unficyp. tember in the presence of the Special Representative. As at 15 November, unficyp comprised 856 troops However, while their positions appeared to be within and 66 civilian police. the agreed 8 July 2006 framework, no agreement was The Secretary-General submitted two reports cov- reached on the start of the process. ering unficyp activities for the periods from 25 No- The Secretary-General, in separate meetings in vember 2006 to 25 May 2007 [S/2007/328], and from New York with Mr. Papadopoulos on 23 September, 26 May to 15 November 2007 [S/2007/699 & Corr.1]. Europe and the Mediterranean 427

Activities Unficyp held discussions with the Turkish Forces/ Report of Secretary-General (June). In a 4 June Turkish Cypriot Security Forces to identify additional mined areas and agree on terms for their clearance. Due report [S/2007/328] covering unficyp activities from 25 November 2006 to 25 May 2007, the Secretary-General to the reservations of the Turkish Forces concerning the stated that the military and security situations along the potential civilian use of the cleared areas and Turkish ceasefire lines remained generally stable.��������������Although inci- Cypriot objections regarding the source of eu funding dents increased during the reporting period, they were of the mine-clearing operation, those discussions failed minor in nature and included exceeding the permitted to produce results and no mine-clearing had taken place manning positions, enhancing observation posts, stone since the beginning of 2007. The Secretary-General en- and bottle throwing, and the photographing of oppos- couraged the earliest conclusion of negotiations so that ing force positions. Such incidents persisted despite demining activities could resume. unficyp protests, and the opposing forces appeared Unficyp noted that increased construction on unwilling to prevent those activities. Since the disman- the Turkish Cypriot side continued to be a cause tling of the bridge over the military patrol track north of concern, as it might complicate efforts towards a of the Turkish Forces ceasefire line on Ledra Street in comprehensive settlement. The Force confirmed that late 2006 and replacement of the concrete wall with uninhabited houses belonging to Greek Cypriots were a fibreglass one both north and south of the ceasefire being demolished in Rizokarpaso and protested to line, unficyp had been discussing with representatives the Turkish Cypriot side the practice of demolishing of the opposing forces the long-delayed opening of a houses without the owners’ consent (see p. 425). The crossing point along Ledra Street. Secretary-General recommended that the Council ex- tend the unficyp mandate until 15 December 2007. During the reporting period, the Turkish Forces demonstrated a greater willingness to engage civilians SECURITY COUNCIL ACTION close to their ceasefire line, in full implementation of their rules of engagement. On two occasions, on 30 On 15 June [meeting 5696], the Security Council and 31 January, they fired warning shots in the direc- unanimously adopted resolution 1758(2007). The tion of Greek Cypriot farmers working close to the draft [S/2007/353] was submitted by China, France, Turkish Forces ceasefire line.Unficyp protested both the Russian Federation, the United Kingdom and the incidents. No agreement was reached on the open- United States. ing of additional crossing points, despite some posi- The Security Council, tive steps taken by both sides towards the opening of Welcoming the report of the Secretary-General of 4 June the Ledra Street crossing point. Moreover, no further 2007 on the United Nations operation in Cyprus, progress was made in bringing the two sides closer on Noting that the Government of Cyprus has agreed that, in view of the prevailing conditions on the island, it is nec- law enforcement matters. The lack of cooperation un- essary to keep the United Nations Peacekeeping Force dermined unficyp efforts to facilitate the resolution in Cyprus beyond 15 June 2007, of law enforcement–related issues involving the two Echoing the Secretary-General’s firm belief that the re- sides, in particular in the buffer zone. sponsibility of finding a solution lies first and foremost with Unficyp continued to work with its UN part- the Cypriots themselves, and noting the primary role of the ners and local actors to facilitate projects of common United Nations in assisting the parties to bring the Cyprus benefit for Turkish Cypriots and Greek Cypriots in conflict and division of the island to a comprehensive and and outside the buffer zone and to promote confi- durable settlement, Taking note of the assessment of the Secretary-General dence-building measures between them. In addition, that the security situation on the island and along the Green the Force continued to carry out its functions with Line remains generally stable, but noting with concern the regard to the maintenance of law and order in and increase in the overall number of violations of the buffer around the buffer zone; it conducted 60 humanitar- zone, and urging both sides to avoid any action which could ian convoys and humanitarian visits in support of lead to an increase in tension, the 384 Greek Cypriots and 142 Maronites living in Underlining that activity in the buffer zone should not the north. It also assisted Turkish Cypriots living in be at the expense of stability and security, and noting the the south in obtaining identity documents, housing, Secretary-General’s firm belief that the situation in the welfare services, medical care, employment and edu- buffer zone would be improved if both sides accepted the cation. During the reporting period, unficyp facili- 1989 aide-mémoire used by the United Nations, Welcoming the principles and decisions enshrined in the tated 37 bicommunal events with the participation of agreement of 8 July 2006 stressing that a comprehensive approximately 2,000 people from both sides. Regular settlement based on a bicommunal, bizonal federation and monthly meetings between the Greek Cypriot and political equality, as set out in the relevant Security Council Turkish Cypriot leaders continued under the auspices resolutions, is both desirable and possible and should not of the Embassy of Slovakia. be further delayed, 428 Political and security questions

Noting, with regret, the failure to date to implement the Nations efforts, as described in Under-Secretary-General agreement of 8 July 2006, and urging the leaders of both Gambari’s letter of 15 November 2006, to demonstrate communities to act to start the process without delay in measurable progress in order to allow fully fledged nego- order to prepare the ground for fully-fledged negotiations tiations to begin, and to cease mutual recriminations; leading to a comprehensive and durable settlement, 3. Reaffirms all its relevant resolutions on Cyprus, Regretting that demining activity in the buffer zone has in particular resolution 1251(1999) of 29 June 1999 and stalled, welcoming the provision by the European Union subsequent resolutions; of funds to support those activities, and urging the Turkish 4. Reaffirms also that the status quo is unacceptable, Forces and the Turkish Cypriot side to allow the resump- that time is not on the side of a settlement, and that nego- tion of demining activities, tiations on a final political solution to the Cyprus problem Reiterating its call to the parties to assess and address the have been at an impasse for too long; humanitarian issue of all missing persons with due urgency 5. Expresses its full support for the United Nations and seriousness and welcoming in this regard the progress Peacekeeping Force in Cyprus, and decides to extend its and continuation of the important activities of the Com- mandate for a further period ending 15 December 2007; mittee on Missing Persons in Cyprus, and expressing the 6. Calls upon both sides to engage, as a matter of ur- hope that this process will promote reconciliation between gency and while respecting the mandate of the Force, in the communities, consultations with the Force on the demarcation of the Welcoming the continuing crossings of the Green Line buffer zone, in particular in relation to the Ledra Street by Cypriots, and encouraging further progress on other crossing point, with a view to reaching agreement on the confidence-building measures, such as the opening of ad- United Nations 1989 aide-mémoire; ditional crossing points including, but not limited to, at 7. Calls upon the Turkish Cypriot side and Turkish Ledra Street, taking into account the arrangements already forces to restore in Strovilia the military status quo which in place at existing crossing points, existed there prior to 30 June 2000; Welcoming also all efforts to promote bicommunal 8. Requests the Secretary-General to submit a report on contacts and events, including, on the part of all United the implementation of the present resolution by 1 December Nations bodies on the island, and urging the two sides 2007; to promote the active engagement of civil society and the 9. Welcomes the efforts being undertaken by the Force encouragement of cooperation between economic and to implement the Secretary-General’s zero-tolerance pol- commercial bodies and to remove all obstacles to such contacts, icy on sexual exploitation and abuse and to ensure full compliance of its personnel with the United Nations code Expressing concern , in this respect, that opportunities for of conduct, requests the Secretary-General to continue to constructive public debate about the future of the island, take all necessary action in this regard and to keep the within and between the communities, are becoming fewer, Security Council informed, and urges troop-contributing and that this atmosphere is hampering, in particular, ef- countries to take appropriate preventive action, includ- forts to foster bicommunal activities intended to benefit ing conducting predeployment awareness training, and all Cypriots and to promote reconciliation and build trust to take disciplinary action and other action to ensure full in order to facilitate a comprehensive settlement, accountability in cases of such conduct involving their Reaffirming the importance of the Secretary-General personnel; continuing to keep the operations of the Force under close 10. Decides to remain seized of the matter. review while continuing to take into account developments on the ground and the views of the parties, and reverting to Report of Secretary-General (December). In the Council with recommendations, as appropriate, for fur- December , the Secretary-General ther adjustments to the mandate, force levels and concept [S/2007/699 & Corr.1] of operation of the Force as soon as warranted, reported to the Security Council on unficyp activities Noting the unacceptable accommodation conditions between 26 May and 15 November. He stated that endured by many troops of the Force, and welcoming the unficyp maintained a close working relationship with recent commitment by Cyprus to address this issue without the two opposing forces. As requested by the Council delay, in resolution 1758(2007) (see p. 427), the Mission en- Echoing the Secretary-General’s gratitude to the Govern- gaged with both sides in discussions on the 1989 aide- ment of Cyprus and the Government of Greece for their mémoire to reach an agreement on its wording. How- voluntary contributions to the funding of the Force, and ever, the situation in the area of Ledra Street remained his request for further voluntary contributions from other delicate, as the Turkish Forces tried to exert control countries and organizations, over an area of the buffer zone near the proposed new Welcoming and encouraging efforts by the United Na- crossing point. In May and June, tensions between tions to sensitize peacekeeping personnel in the prevention and control of hiv/aids and other communicable diseases the opposing forces in the area increased further, as in all its peacekeeping operations, a section of the screen erected by the National Guard 1. Welcomes the observations contained in the report following the destruction of the wall that formerly of the Secretary-General; blocked Ledra Street was broken. Unficyp continued 2. Expresses its full support for the 8 July process, notes to vigorously engage with both opposing forces to fa- with concern the lack of progress, and calls upon all par- cilitate the opening of a crossing point on Ledra Street. ties to immediately engage constructively with the United Following a series of fires in several areas of the buffer Europe and the Mediterranean 429 zone, especially in the mined areas, unficyp and the Unficyp facilitated the exchange of information on Turkish Forces reached an agreement on the marking criminal matters; liaised with both sides on the pres- of a “safety zone” around mined areas and on a clearer ervation and restoration of religious sites and build- marking of the perimeters of minefields. ings; and encouraged contact between the two com- In spite of the call to exercise restraint expressed munities on gender-related issues. Unficyp improved by the Secretary-General in his previous report, both cooperation with local authorities to combat activities sides conducted military exercises. In June, the Turk- such as illegal hunting and rubbish-dumping in the ish Forces completed a naval exercise, code-named buffer zone, which represented a direct challenge to its “Exercise Seawolf 2007”, in international waters north authority. TheForce welcomed legislation prohibiting of Cyprus. The Cypriot National Guard held “Exer- illegal dumping, as well as the creation of a Cyprus cise Demeter”, a logistics support exercise, in July. In police Hunting Task Force, which worked in close October, the National Guard completed “Exercise Ni- cooperation with unficyp police to curb illegal hunt- kiforos”, which included the mobilization of a large ing and bird-trapping. number of reservists. Throughout the five-day exer- The Secretary-General urged both parties to put cise, unficyp noted increased military road and air an end to mutual recriminations, so as to ensure that traffic on routes south of the buffer zone. In response, the right atmosphere would prevail. He stated that the the Turkish Forces conducted “Exercise Toros” in No- responsibility of finding a solution lay with the Cyp- vember. The Secretary-General welcomed the propos- riots themselves and that only the required political als made by both leaders for the cessation of military will, translated into concrete actions, would provide exercises near the buffer zone. an opportunity for progress and possible new initia- Unficyp, in cooperation with international partners tives. He recommended that the Council extend the and local stakeholders, supported confidence-building unficyp mandate until 15 June 2008. activities aimed at fostering interaction between the two communities across the buffer zone. As part of SECURITY COUNCIL ACTION its overall efforts to establish trust among Cypriots, On 14 December [meeting 5803], the Security Coun- the Force held discussions to facilitate agreement on cil unanimously adopted resolution 1789(2007). The the opening of the Ledra Street crossing point. The draft [S/2007/732] was prepared in consultations among Force facilitated 55 bicommunal events in the buffer Council members. zone with the participation of 2,680 people from both The Security Council, sides. It conducted 62 humanitarian convoys and visits Welcoming the analysis of developments on the ground over in support of Greek Cypriots and Maronites living in the last six months, contained in the report of the Secretary- the north. Tight restrictions applied by the Turkish General of 3 December 2007 on the United Nations Cypriot side on UN movement in certain parts of the operation in Cyprus, in accordance with his mandate, Karpas peninsula continued to hamper humanitarian Noting that the Government of Cyprus has agreed that, in view of the prevailing conditions on the island, it is nec- and monitoring operations in the area. essary to keep the United Nations Peacekeeping Force in The UN Mine Action Centre retained a single Cyprus beyond 15 December 2007, team in the country and operated at a reduced capac- Echoing the Secretary-General’s firm belief that the re- ity between January and July. In August, following sponsibility of finding a solution lies first and foremost with the resolution of the disagreement over eu funding the Cypriots themselves, and that the upcoming year of- (see p. 427), limited mine-clearance operations re- fers an important window of opportunity to make decisive commenced in mined areas not attributed to either progress, which must be grasped by all parties, in the search side. Discussions continued on clearance of the re- for a comprehensive solution, and noting the primary role of the United Nations in assisting the parties to bring the maining minefields of unknown origin. Cyprus conflict and division of the island to a comprehen- Management of civilian activities in the buffer sive and durable settlement, zone outside the civil-use areas continued to be one Taking note of the assessment of the Secretary-General of the main challenges facing unficyp. TheForce was that the security situation on the island and along the Green concerned at the steady increase in requests for civil- Line remains generally stable, welcoming the decrease in ian activities in those areas, particularly proposals for the overall number of incidents involving the two sides, and large-scale commercial projects. If not addressed, that urging both sides to avoid any action which could lead to trend and the magnitude of civilian undertakings in an increase in tension, Underlining that activity in the buffer zone, in particu- the buffer zone, given the presence of the two armed lar proposals for large-scale commercial projects, which opposing forces, would not only be unsustainable, but are not compatible with returning to normal conditions undermine the Force�����������������������������������������������������������������������’s mandate to preserve the integ- as expressed in the mandate of the Force, should not be rity of the buffer zone, potentially leading to a negative at the expense of stability and security, and reiterating the impact on security. Secretary-General’s firm belief that the situation in the 430 Political and security questions buffer zone would be improved if both sides accepted the and control of hiv/aids and other communicable diseases 1989 aide-mémoire used by the United Nations, in all its peacekeeping operations, Welcoming the principles and decisions enshrined in the 1. Welcomes the analysis of developments on the agreement of 8 July 2006 stressing that a comprehensive ground over the last six months contained in the report of settlement based on a bicommunal, bizonal federation and the Secretary-General, in accordance with his mandate; political equality, as set out in the relevant Security Council 2. Reaffirms that the status quo is unacceptable, that resolutions, is both desirable and possible and should not time is not on the side of a settlement, and that negotiations be further delayed, to reunify the island have been at an impasse for too long; Deploring the continued failure to date to implement the 3. Expresses its full support for the 8 July process, notes agreement of 8 July 2006, and urging the leaders of both with deep concern the lack of any progress, calls upon communities to act to start the process without delay in all parties immediately to engage constructively with the order to prepare the ground for fully fledged negotiations United Nations efforts, as described in Under-Secretary- leading to a comprehensive and durable settlement, General Gambari’s letter of 15 November 2006, and to Welcoming the agreement to allow European Union cease mutual recriminations, and urges all parties to show funds to support demining activities, and urging the rapid flexibility and political will over the coming months to finalization of the protocol between the relevant parties make measurable progress which will allow fully fledged governing the remaining demining activities in order to negotiations to begin; complete demining of the buffer zone, 4. Reaffirms all its relevant resolutions on Cyprus, Welcoming also the progress and continuation of the in particular resolution 1251(1999) of 29 June 1999 and important activities of the Committee on Missing Persons subsequent resolutions; in Cyprus, and expressing the hope that this process will 5. Expresses its full support for the United Nations promote reconciliation between the communities, Peacekeeping Force in Cyprus, and decides to extend its Welcoming further the proposed confidence-building mandate for a further period ending 15 June 2008; measures advanced by both sides, as a means of creating 6. Calls upon both sides to continue to engage, as a greater trust between the two communities, and encourag- matter of urgency and while respecting the mandate of the ing their early implementation, encouraging also progress Force, in consultations with the Force on the demarcation on measures such as the opening of additional crossing of the buffer zone, in particular in relation to the Ledra points including, but not limited to, at Ledra Street, taking Street crossing point, and on the United Nations 1989 into account the arrangements already in place at existing aide-mémoire, with a view to reaching early agreement on crossing points, and reaffirming the importance of contin- outstanding issues; ued crossing of the Green Line by Cypriots, 7. Calls upon the Turkish Cypriot side and Turkish Welcoming all efforts to promote bicommunal contacts forces to restore in Strovilia the military status quo which and events, including on the part of all United Nations existed there prior to 30 June 2000; bodies on the island, and urging the two sides to promote 8. Requests the Secretary-General to submit a report on the the active engagement of civil society and the encourage- implementation of the present resolution by 1 June 2008; ment of cooperation between economic and commercial 9. Welcomes the efforts being undertaken by the Force bodies and to remove all obstacles to such contacts, to implement the Secretary-General’s zero-tolerance policy Agreeing that an active and flourishing civil society is on sexual exploitation and abuse and to ensure full com- essential to the political process, and expressing concern, pliance of its personnel with the United Nations code of in this respect, that opportunities for constructive public conduct, requests the Secretary-General to continue to debate about the future of the island, within and between take all necessary action in this regard and to keep the the communities, are becoming fewer, and that this atmos- Security Council informed, and urges troop-contributing phere is hampering, in particular, efforts to foster bicom- countries to take appropriate preventive action, including munal activities intended to benefit all Cypriots and to pro- conducting predeployment awareness training, and to take mote reconciliation and build trust in order to facilitate a disciplinary action and other action to ensure full account- comprehensive settlement, ability in cases of such conduct involving their personnel; Reaffirming the importance of the Secretary-General 10. Decides to remain seized of the matter. continuing to keep the operations of the Force under close review while continuing to take into account developments By decision 62/546 of 22 December, the Assembly on the ground and the views of the parties, and reverting to decided that the agenda item on the question of Cyprus the Council with recommendations, as appropriate, for fur- would remain for consideration during its resumed ther adjustments to the mandate, force levels and concept of operation of the Force as soon as warranted, sixty-second (2008) session. Welcoming the steps taken by Cyprus to address the living conditions of many troops of the Force, Financing Echoing the Secretary-General’s gratitude to the Govern- On 29 June , the General Assembly, ment of Cyprus and the Government of Greece for their [meeting 104] voluntary contributions to the funding of the Force, and having considered the financial performance report on his request for further voluntary contributions from other the unficyp budget for 1 July 2005 to 30 June 2006 countries and organizations, [A/61/724], the unficyp budget for 1 July 2007 to 30 Welcoming and encouraging efforts by the United Na- June 2008 [A/61/774] and acabq related comments and tions to sensitize peacekeeping personnel in the prevention recommendations [A/61/852/Add.4], adopted, on the Europe and the Mediterranean 431 recommendation of the Fifth Committee [A/61/969], 4. Expresses concern at the financial situation with re- resolution 61/280 without vote . gard to peacekeeping activities, in particular as regards the [agenda item 135] reimbursements to troop contributors that bear additional Financing of the United Nations burdens owing to overdue payments by Member States Peacekeeping Force in Cyprus of their assessments; 5. Also expresses concern at the delay experienced by the The General Assembly, Secretary-General in deploying and providing adequate re- Having considered the reports of the Secretary-General sources to some recent peacekeeping missions, in particular on the financing of the United Nations Peacekeeping Force those in Africa; in Cyprus and the related report of the Advisory Commit- 6. Emphasizes that all future and existing peacekeep- tee on Administrative and Budgetary Questions, ing missions shall be given equal and non-discriminatory Recalling Security Council resolution 186(1964) of treatment in respect of financial and administrative 4 March 1964 regarding the establishment of the United arrangements; Nations Peacekeeping Force in Cyprus and the subsequent 7. Also emphasizes that all peacekeeping missions shall resolutions by which the Council extended the mandate of be provided with adequate resources for the effective and the Force, the latest of which was resolution 1728(2006) of efficient discharge of their respective mandates; 15 December 2006, by which the Council extended the 8. Reiterates its request to the Secretary-General to mandate of the Force until 15 June 2007, make the fullest possible use of facilities and equipment at Recalling also its resolution 47/236 of 14 September 1993 the United Nations Logistics Base at Brindisi, Italy, in order on the financing of the United Nations Peacekeeping Force to minimize the costs of procurement for the Force; in Cyprus and its subsequent resolutions and decisions 9. Endorses the conclusions and recommendations thereon, the latest of which was resolution 60/270 of 30 contained in the report of the Advisory Committee on Ad- June 2006, ministrative and Budgetary Questions, and requests the Reaffirmingthe general principles underlying the financ- Secretary-General to ensure their full implementation; ing of United Nations peacekeeping operations, as stated in 10. Reiterates its request to the Secretary-General to General Assembly resolutions 1874(S-IV) of 27 June 1963, continue negotiations with the host Government on issues 3101(XXVIII) of 11 December 1973 and 55/235 of 23 De- regarding the accommodation of military contingent per- cember 2000, sonnel as well as other personnel of the Force, in accordance Noting with appreciation that voluntary contributions with the provisions of the March 1964 Agreement between have been made to the Force by certain Governments, the United Nations and the Government of Cyprus, and to Noting that voluntary contributions were insufficient to report on any developments in this regard to the General cover all the costs of the Force, including those incurred Assembly in the context of the next budget submission; by troop-contributing Governments prior to 16 June 1993, 11. Requests the Secretary-General to ensure that safety and regretting the absence of an adequate response to ap- and the operational needs of the Force are not affected while peals for voluntary contributions, including that contained military contingent personnel are being rotated; in the letter dated 17 May 1994 from the Secretary-General 12. Also requests the Secretary-General to ensure the to all Member States, full implementation of the relevant provisions of its resolu- Mindful of the fact that it is essential to provide the Force tions 59/296, 60/266 and 61/276; with the financial resources necessary to enable it to fulfil 13. Further requests the Secretary-General to take all its responsibilities under the relevant resolutions of the necessary action to ensure that the Force is administered Security Council, with a maximum of efficiency and economy; 1. Requests the Secretary-General to entrust the Head 14. Requests the Secretary-General, in order to reduce the of Mission with the task of formulating future budget pro- cost of employing General Service staff, to continue efforts posals in full accordance with the provisions of General to recruit local staff for the Force against General Service Assembly resolutions 59/296 of 22 June 2005, 60/266 of posts, commensurate with the requirements of the Force; 30 June 2006 and 61/276 of 29 June 2007, as well as other relevant resolutions; Financial performance report for 2. Takes note of the status of contributions to the United the period from 1 July 2005 to 30 June 2006 Nations Peacekeeping Force in Cyprus as at 31 March 2007, 15. Takes note of the report of the Secretary-General on including the contributions outstanding in the amount of the financial performance of the Force for the period from 17.9 million United States dollars, representing some 6 per 1 July 2005 to 30 June 2006; cent of the total assessed contributions, notes with concern that only thirty-two Member States have paid their assessed Budget estimates for contributions in full, and urges all other Member States, the period from 1 July 2007 to 30 June 2008 in particular those in arrears, to ensure payment of their 16. Decides to appropriate to the Special Account for outstanding assessed contributions; the United Nations Peacekeeping Force in Cyprus the 3. Expresses its appreciation to those Member States amount of 48,847,500 dollars for the period from 1 July which have paid their assessed contributions in full, and 2007 to 30 June 2008, inclusive of 46,587,400 dollars for urges all other Member States to make every possible effort the maintenance of the Force, 1,943,800 dollars for the to ensure payment of their assessed contributions to the support account for peacekeeping operations and 316,300 Force in full; dollars for the United Nations Logistics Base; 432 Political and security questions

Financing of the appropriation for General to continue his efforts in appealing for voluntary the period from 1 July 2007 to 30 June 2008 contributions to the account; 17. Notes with appreciation that a one-third share of the 26. Emphasizes that no peacekeeping mission shall be net appropriation, equivalent to 15,543,266 dollars, will be financed by borrowing funds from other active peacekeep- funded through voluntary contributions from the Govern- ing missions; ment of Cyprus and the amount of 6.5 million dollars from 27. Encourages the Secretary-General to continue to the Government of Greece; take additional measures to ensure the safety and security 18. Decides to apportion among Member States the of all personnel under the auspices of the United Nations amount of 26,804,234 dollars at a monthly rate of 2,233,686 participating in the Force, bearing in mind paragraphs 5 dollars, in accordance with the levels updated in General As- and 6 of Security Council resolution 1502(2003) of 26 Au- sembly resolution 61/243 of 22 December 2006, and taking gust 2003; into account the scale of assessments for 2007 and 2008, 28. Invites voluntary contributions to the Force in cash as set out in its resolution 61/237 of 22 December 2006; and in the form of services and supplies acceptable to the 19. Also decides that, in accordance with the provisions Secretary-General, to be administered, as appropriate, in of its resolution 973(X) of 15 December 1955, there shall be accordance with the procedure and practices established by set off against the apportionment among Member States, as the General Assembly; provided for in paragraph 18 above, their respective share in 29. Decides to include in the provisional agenda of its the Tax Equalization Fund of 2,217,700 dollars, comprising sixty-second session the item entitled “Financing of the the estimated staff assessment income of 1,998,300 dol- United Nations Peacekeeping Force in Cyprus”. lars approved for the Force, the prorated share of 197,900 dollars of the estimated staff assessment income approved By decision 62/546 of 22 December, the Assem- for the support account and the prorated share of 21,500 bly decided that the agenda item on the financing of dollars of the estimated staff assessment income approved unficyp would remain for consideration during its for the United Nations Logistics Base; resumed sixty-second (2008) session. 20. Further decides that, for Member States that have fulfilled their financial obligations to the Force, there shall be set off against their apportionment, as provided for in paragraph 18 above, their respective share of the unencum- Other issues bered balance and other income in the amount of 1,169,516 dollars for the financial period ended 30 June 2006, in ac- cordance with the levels updated in its resolution 58/256 of 23 December 2003, and taking into account the scale of Strengthening of security and assessments for 2006, as set out in its resolution 58/1 B of cooperation in the Mediterranean 23 December 2003; 21. Decides that, for Member States that have not ful- In response to General Assembly resolution 61/101 filled their financial obligations to the Force, there shall be [YUN 2006, p. 493], the Secretary-General submitted an set off against their outstanding obligations their respective August report [A/62/111] containing replies received share of the unencumbered balance and other income in from Algeria, Chile, Iraq and Morocco to his 23 Feb- the amount of 1,169,516 dollars in respect of the financial ruary note verbale requesting the views of all Member period ended 30 June 2006, in accordance with the scheme States on ways to strengthen security and cooperation set out in paragraph 20 above; in the Mediterranean region. 22. Also decides that the decrease in the estimated staff assessment income of 111,100 dollars in respect of the financial period ended 30 June 2006 shall be set off against GENERAL ASSEMBLY ACTION the credits from the amount of 1,169,516 dollars referred On 5 December [meeting 61], the General Assembly, to in paragraphs 20 and 21 above; on the recommendation of the First (Disarmament and 23. Further decides, taking into account its voluntary International Security) Committee [A/62/396], adopted contribution for the financial period ended 30 June 2006, resolution 62/58 without vote [agenda item 103]. that one third of the net unencumbered balance and other income in the amount of 679,433 dollars in respect of the Strengthening of security and cooperation in the financial period ended 30 June 2006 shall be returned to Mediterranean region the Government of Cyprus; 24. Decides, taking into account its voluntary contri- The General Assembly, bution for the financial period ended 30 June 2006, that Recalling its previous resolutions on the subject, includ- the prorated share of the net unencumbered balance and ing resolution 61/101 of 6 December 2006, other income in the amount of 300,451 dollars in respect of Reaffirmingthe primary role of the Mediterranean coun- the financial period ended 30 June 2006 shall be returned tries in strengthening and promoting peace, security and to the Government of Greece; cooperation in the Mediterranean region, 25. Also decides to continue to maintain as separate the Welcoming the efforts deployed by the Euro-Mediterra- account established for the Force for the period prior to nean countries to strengthen their cooperation in combat- 16 June 1993, invites Member States to make voluntary ing terrorism, in particular by the adoption of the Euro- contributions to that account, and requests the Secretary- Mediterranean Code of Conduct on Countering Terrorism Europe and the Mediterranean 433 by the Euro-Mediterranean Summit, held in Barcelona, encourages them to strengthen such efforts through, inter Spain, on 27 and 28 November 2005, alia, a lasting multilateral and action-oriented cooperative Bearing in mind all the previous declarations and commit- dialogue among States of the region, and recognizes the role ments, as well as all the initiatives taken by the riparian countries of the United Nations in promoting regional and interna- at the recent summits, ministerial meetings and various fo- tional peace and security; rums concerning the question of the Mediterranean region, 4. Recognizes that the elimination of the economic and Recognizing the indivisible character of security in the social disparities in levels of development and other obsta- Mediterranean and that the enhancement of cooperation cles as well as respect and greater understanding among among Mediterranean countries with a view to promoting cultures in the Mediterranean area will contribute to en- the economic and social development of all peoples of the hancing peace, security and cooperation among Mediter- region will contribute significantly to stability, peace and ranean countries through the existing forums; security in the region, 5. Calls upon all States of the Mediterranean region that Recognizing also the efforts made so far and the determi- have not yet done so to adhere to all the multilaterally nego- nation of the Mediterranean countries to intensify the pro- tiated legal instruments related to the field of disarmament cess of dialogue and consultations with a view to resolving and non-proliferation, thus creating the necessary conditions the problems existing in the Mediterranean region and to for strengthening peace and cooperation in the region; eliminating the causes of tension and the consequent threat 6. Encourages all States of the region to favour the nec- to peace and security, and their growing awareness of the essary conditions for strengthening the confidence-building need for further joint efforts to strengthen economic, social, measures among them by promoting genuine openness and cultural and environmental cooperation in the region, transparency on all military matters, by participating, inter Recognizing further that prospects for closer Euro- alia, in the United Nations system for the standardized re- Mediterranean cooperation in all spheres can be en- porting of military expenditures and by providing accurate hanced by positive developments worldwide, in particular data and information to the United Nations Register of in Europe, in the Maghreb and in the Middle East, Conventional Arms; Reaffirmingthe responsibility of all States to contribute to 7. Encourages the Mediterranean countries to strengthen the stability and prosperity of the Mediterranean region and further their cooperation in combating terrorism in all its their commitment to respecting the purposes and principles forms and manifestations, including the possible resort by of the Charter of the United Nations as well as the provisions terrorists to weapons of mass destruction, taking into ac- of the Declaration on Principles of International Law con- count the relevant resolutions of the United Nations, and in cerning Friendly Relations and Cooperation among States combating international crime and illicit arms transfers and in accordance with the Charter of the United Nations, illicit drug production, consumption and trafficking, which Noting the peace negotiations in the Middle East, which pose a serious threat to peace, security and stability in the should be of a comprehensive nature and represent an region and therefore to the improvement of the current po- appropriate framework for the peaceful settlement of con- litical, economic and social situation and which jeopardize tentious issues in the region, friendly relations among States, hinder the development of Expressing its concern at the persistent tension and continuing international cooperation and result in the destruction of military activities in parts of the Mediterranean that hinder human rights, fundamental freedoms and the democratic efforts to strengthen security and cooperation in the region, basis of pluralistic society; Taking note of the report of the Secretary-General, 8. Requests the Secretary-General to submit a report 1. Reaffirmsthat security in the Mediterranean is closely on means to strengthen security and cooperation in the linked to European security as well as to international peace Mediterranean region; and security; 9. Decides to include in the provisional agenda of its 2. Expresses its satisfaction at the continuing efforts sixty-third session the item entitled “Strengthening of se- by Mediterranean countries to contribute actively to the curity and cooperation in the Mediterranean region”. elimination of all causes of tension in the region and to the promotion of just and lasting solutions to the persist- ent problems of the region through peaceful means, thus Cooperation with the Organization for ensuring the withdrawal of foreign forces of occupation and Security and Cooperation in Europe respecting the sovereignty, independence and territorial in- tegrity of all countries of the Mediterranean and the right On 28 September [meeting 5751], the Chairman- of peoples to self-determination, and therefore calls for in-Office of the Organization for Security and Co- full adherence to the principles of non-interference, non- operation in Europe (osce), Miguel Ángel Moratinos intervention, non-use of force or threat of use of force and Cuyaubé, briefed the Security Council about the work the inadmissibility of the acquisition of territory by force, and priorities of osce. He noted that, as a regional in accordance with the Charter and the relevant resolutions mechanism, osce had established close and fruitful of the United Nations; relations with the UN in a range of key areas, chiefly 3. Commends the Mediterranean countries for their efforts in meeting common challenges through coordinated linked to security and the settlement of regional con- overall responses, based on a spirit of multilateral partner- flicts. He further stressed that regional organizations ship, towards the general objective of turning the Mediter- like osce had the responsibility to support the efforts ranean basin into an area of dialogue, exchanges and co- of the UN and its leading role in the maintenance of operation, guaranteeing peace, stability and prosperity, international peace and security.