SECURITY COUNCIL READY TO SET UP TRANSITIONAL AUTHORITY, INTERNATIONAL FORCE TO AID IMPLEMENTATION OF BASIC AGREEMENT SIGNED BY CROATIA AND SERBS

22 November 1995

Press Release
SC/6128

SECURITY COUNCIL READY TO SET UP TRANSITIONAL AUTHORITY, INTERNATIONAL FORCE TO AID IMPLEMENTATION OF BASIC AGREEMENT SIGNED BY CROATIA AND SERBS

19951122 Unanimously Adopts Resolution 1023 (1995), Stresses Cooperation by Parties in Eastern Slavonia, Baranja and Western Sirmium

Welcoming the Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium in Croatia, the Security Council this evening stated its readiness to consider the request by the parties to the Agreement to establish a Transitional Administration and to authorize an appropriate international force to facilitate the implementation of the Agreement. The Government of Croatia and the local Croatian authorities signed the Agreement in Eastern Slavonia on 12 November.

The Council took that action when it unanimously adopted resolution 1023 (1995) by which it also invited the Secretary-General to maintain the closest possible contact with all those concerned.

Under the Basic Agreement, the parties requested the Council to establish a transitional administration to govern the region during the period leading up to elections for all local government bodies.

The Council stressed the need for the Government of Croatia and the local Serb Party to cooperate fully on the basis of the Agreement and refrain from any military activity or any measures that might hinder the implementation of the transitional arrangements set out in it. It reminded them of their obligation to cooperate fully with the United Nations Confidence Restoration Operation in Croatia (UNCRO) and to ensure its safety and freedom of movement.

Statements were made by the representatives of the Russian Federation, China, Indonesia, Czech Republic, Germany, United Kingdom, France, United States, Italy and Oman.

The meeting, which began at 8:37 p.m. was adjourned at 9:16 p.m.

Situation in the Occupied Territories in Croatia

The Security Council meets tonight to take up the situation in the occupied territories of Croatia. It has before it the text of the Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium, signed between the Government of Croatia and the local Croatian Serb authorities in Eastern Slavonia governing the future of the contested region. The agreement, which was signed on 12 November and will enter into force upon the adoption by the Council of a resolution responding affirmatively to its requests, is contained in a letter dated 15 November from the Permanent Representative of Croatia addressed to the Secretary-General (document S/1995/951).

Under the terms of the agreement, which the Secretary-General has described as "an encouraging step in the peaceful resolution of all issues in the territory of the former Yugoslavia", the Security Council is requested to establish a Transitional Administration, which shall govern the region during the transitional period in the interest of all persons resident in or returning to the region. The agreement states that the transitional period will be 12 months, which may be extended at most to another period of the same duration if so requested by one of the parties.

The Council is also requested to authorize an international force to deploy during the transitional period to maintain peace and security in the region and otherwise to assist in the implementation of the agreement. The region shall be demilitarized according to the schedule and procedures to be determined by the international force and shall be completed not later than 30 days after the deployment of the international force. It shall include all military forces, weapons and police, except for the international force and police operating under the supervision of, or with the consent of, the Transitional Administration.

The parties also agreed that the Transitional Authority shall ensure the possibility of the return of refugees and displaced persons to their homes of origin. Those persons shall enjoy the same rights as all other residents of the region. The Transitional Authority shall take all the steps necessary to re-establish the normal functioning of all public services in the region without delay. It shall also help to establish and train temporary police forces and to build professionalism among the police and confidence among all ethnic communities.

According to the agreement, the highest levels of internationally recognized human rights and fundamental freedoms shall be respected in the region. All persons shall have the right to return freely to their places of residence in the region and to leave there in conditions of security. All who have left the region or who might have come to the region with previous residence in Croatia have the right to live in the region and to have restored

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to them any property that was taken from them there which they were forced to abandon. They are entitled to just compensation for property that cannot be restored to them.

The signatories agreed that after the expiration of the transition period, the international community shall monitor and report on respect for human rights in the region on a long-term basis. Interested countries and organizations are requested to establish a commission to monitor the implementation of the agreement, particularly its human rights and civil rights provisions.

The agreement states that not later than 30 days before the end of the transitional period, elections for all local government bodies shall be organized by the Transitional Administration. The Organization for Security and Cooperation in Europe and the United Nations are requested to oversee the elections.

During the transitional period, the Government of Croatia authorizes the presence of international monitors along the international border of the region.

The Secretary-General has stated that "the United Nations is prepared to become fully engaged in the implementation of the relevant terms of the Basic Agreement" once the Council approves and adequate financial resources have been made available. He appealed to the two parties to demonstrate their good will and to cooperate fully with the Transitional Administration.

Draft Resolution

The Council also has before it a draft resolution (document S/1995/979) sponsored by Argentina, Czech Republic, France, Germany, Honduras, Italy, Russian Federation, Rwanda, United Kingdom and the United States, the text of which reads as follows:

"The Security Council,

"Recalling all its earlier relevant resolutions,

"Reaffirming its commitment to the search for an overall negotiated settlement of the conflicts in the former Yugoslavia, ensuring the sovereignty and territorial integrity of all the States there within their internationally recognized borders, and stressing the importance it attaches to the mutual recognition thereof,

"Reaffirming once again its commitment to the independence, sovereignty and territorial integrity of the Republic of Croatia and emphasizing in this

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regard that the territories of Eastern Slavonia, Baranja and Western Sirmium, known as Sector East, are integral parts of the Republic of Croatia,

"Affirming the importance it attaches to the fullest respect for human rights and fundamental freedoms of all in those territories,

"Commending the continuing efforts of the representatives of the United Nations, the European Union, the Russian Federation and the United States of America to facilitate a negotiated solution to the conflict in the Republic of Croatia,

"1. Welcomes the Basic Agreement on the Region of Eastern Salvonia, Baranja and Western Sirmium (S/1995/951, annex), signed on 12 November 1995 between the Government of the Republic of Croatia and the local Serb representatives in the presence of the United Nations mediator and the United States Ambassador to the Republic of Croatia;

"2. Recognizes the request to it contained in the Basic Agreement to establish a Transitional Administration and authorize an appropriate international force, stands ready to consider the above request expeditiously in order to facilitate the implementation of the Agreement, and invites the Secretary-General to maintain the closest possible contact with all those concerned in order to assist with its work on the matter;

"3. Stresses the need for the Government of the Republic of Croatia and the local Serb party to cooperate fully on the basis of the Agreement and refrain from any military activity or any measure that might hinder the implementation of the transitional arrangements set out in it, and reminds them of their obligation to cooperate fully with UNCRO and to ensure its safety and freedom of movement;

"4. Decides to remain actively seized of the matter."

Statements before Vote

YURIY FEDOTOV (Russian Federation) welcomed the signing of the Basic Agreement on Eastern Slovonia, Baranja and Western Siomium -- areas mainly inhabited by Serbs -- between the Government of Croatia and local Serb authorities. The agreement had opened up a chance to avoid the tragedy that had occurred recently in the Krajina, where hundreds of thousands of refugees had lost their homes. Even now, exacerbated tensions existed in certain areas.

The agreement removed major obstacles to full normalization of relations between Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro). The United Nations must play an important part in transitional arrangements.

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QIN HUASUN (China) said that his Government had held all along that in settling the Croatian question, the sovereignty and territorial integrity of Croatia should be respected and that the Croatian Government and the Serbian local authorities should seek a solution acceptable to both sides through peaceful negotiations. He hoped that the parties concerned would implement the agreement already reached and make efforts for the comprehensive political settlement of the Croatian question. He said he would vote in favour of the draft resolution before the Council.

He said the requests for the establishment of an international force and a transitional administration involved many complicated political and legal issues. The Council needed to conduct careful studies and discussions and refrain from making hasty decisions as to how the United Nations could facilitate and participate in the implementations of the peace plan after progress in the peace process was made. It was illogical and unreasonable to request the Council to acknowledge its future participation prior to that. The Council should be particularly prudent in considering such major issues and making important decisions.

NUGROHO WISNUMURTI (Indonesia) welcomed the signing of the Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium. The agreement constituted a crucial step towards establishing a framework for a comprehensive political settlement of a crisis that had inflicted enormous hardship on countless defenceless people. Strict adherence to the provisions of the agreement would extinguish what had previously been one of the most serious potential flash-point in the territories of the former Yugoslavia. The Council's formal support to the Basic Agreement reflected its intense determination to ensure that the Agreement was fully implemented by the parties concerned.

He reaffirmed the importance his delegation attached to full cooperation between the Government of Croatia and the local Serb party. He welcomed the confidence which the parties concerned have entrusted on the Council to work out the details of the Transitional Administration and an international force and anticipated intensive work by the Council on the matter.

DUSAN ROVENSKY (Czech Republic) said the Basic Agreement subscribed to the fundamental principles that had been consistently upheld by the Council. The request to establish a Transitional Administration for Sector East raised many concerns, and would require much further detailed thought, but the Czech Republic would go along with it in the hope that moderation would prevail among those involved.

HANS-PETER KAUL (Germany) said the Basic Agreement offered the best chance for a peaceful solution of the conflict in Croatia. It was based on two important principles: the acknowledgement of Croatian sovereignty with

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regard to Eastern Slavonia; and the full protection of and guarantees for the rights of the local Serb population. The Basic Agreement marked the beginning of a process which could lead to the peaceful coexistence of Serbs and Croats in Croatia. It would only enter into force upon the Council's adoption of a resolution establishing a transitional administration and authorizing an international force to be deployed during the transitional period, he said. Thus, the Basic Agreement conferred certain responsibilities on the Council and its Members would have to work intensively in the coming weeks, particularly on the international force and transitional administration.

Ultimately, only the Croatian Government and the local Serb party could give life to the Basic Agreement and make it a success, he continued. Therefore, the draft resolution stressed the need for them to cooperate fully under the terms of the Basic Agreement and refrain from any measures which might hinder its implementation. That was also true for the Federal Republic of Yugoslavia (Serbia and Montenegro). On 9 November, the International Criminal Court had charged three "JNA" officers from a Belgrade-based brigade with the mass killing of non-Serb men, who were forcibly removed from a hospital after the month-long seige and eventual conquest of Vukovar. It was a painful but appropriate reminder of the responsibility the Former Republic of Yugoslavia (Serbia and Montenegro) continued to bear for the unresolved situation in eastern Slavonia. The leadership in Belgrade must actively help to settle that question.

DEREK PLUMBLY (United Kingdom) said that the agreement represented a watershed in the history of Croatia, opening the way for the reintegration of Eastern Slavonia into Croatia and thereby restoring the latter's territorial integrity. It was most welcome that the parties had at long last agreed to settle their differences by negotiation. It was essential now that nothing be done that could jeopardize the agreement. That was why any resort to military pressure, still less to the use of force, at this stage by either side would be totally unacceptable, and would carry with it the most serious consequences. The task now before the Council was to establish urgently the basis on which implementation could go forward.

Action on Draft

The Council then unanimously adopted draft resolution S/1995/979 as resolution 1023 (1995).

Statements After Vote

HERVE LADSOUS (France) saluted the courageous choice of the Croatian authorities who, in a difficult context, had embraced the option of peaceful reintegration of their territory. Such a result was not a foregone conclusion, given the recent and often murderous history of Eastern Slavonia.

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The entire international community must now throw its complete support behind the peace process and stress its commitment to the essential principles that inspired it -- the sovereignty and territorial integrity of Croatia, but also the recognition and protection of the fundamental rights and freedom of the whole population of the region, regardless of origin.

EDWARD E. GNEHM, Jr. (United States) said the resolution before the Council could build confidence between Croatians and Serbs. It was "the first time in this bloody war that land has been returned by negotiation rather than bloodshed". The agreement was the result of long negotiations on the part of the United States and the United Nations. They succeeded through the intensive efforts of all involved.

Much more needed to be done before peace was finally established, he said. The efforts of the United Nations agencies, concerned regional organizations and non-governmental organizations would have to continue. Displaced persons needed to be resettled and basic services repaired and restored. In addition, administrative and police agencies, reflecting both ethnic groups, must be created.

He said the agreement would serve as a critical element in the broader search for lasting peace in the region. The efforts of the Council had established and enforced sanctions, authorized peace-keeping forces, including the use of force when it was necessary and responded aggressively to human rights violations on all sides. With the initialling yesterday of the peace agreement, those efforts had finally come to fruition.

LORENZO FERRARIN (Italy) said the Basic Agreement that was signed recently between the Croatian Government and the local Serb representatives in Croatia had come at a time of serious tension in and around Eastern Slavonia. The political solution achieved -- particularly the agreement on the establishment of a transitional administration and an international force -- would seem to guarantee a gradual and peaceful reintegration of the territory into Croatia, with full respect for the rights of the local Serb population.

He said it was important that there be no repetition of the chaotic exodus of Serbs which took place in Krajina last August from lands they had occupied for centuries. It was also important that the Croatian population in Vukovar and the rest of the area be allowed to return peacefully and safely to its place of origin. The Italian public had not forgotten the tragic images of the artillery attacks on Vukovar, a martyred city which had become one of the symbols of the civilian population's suffering in the former Yugoslavia. Eastern Slavonia had become an example of peaceful and civil coexistence among diverse ethnic and cultural groups in the former Yugoslavia.

SALIM AL-KHUSAIBY (Oman), speaking in his national capacity, joined others in welcoming the agreement reached on Croatia and expressed

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appreciation to the United States, the European Union and the Russian Federation for the roles they played in the peace process. "We believe the scope of this agreement will not only affect the two parties concerned, namely the Government of Croatia and the local Serb population, but it will have a positive impact on the region as a whole." With the agreement, the two sides had proved their true desire for a genuine peace to prevail in the territory of Croatia based on resolving their outstanding differences through peaceful means with strict respect for the sovereignty, political independence and territorial integrity of Croatia.

The agreement reached was not an end in itself, he went on. Rather, it should be taken as a first step to establish peace and normalcy in the region. Implementation of the agreement and the setting out of confidence-building measures were of profound importance to preventing any resort to hostilities. Both sides had a responsibility to work towards that end. "We hope the parties concerned will fully understand the firm stand of the Security Council on this issue." The parties must invest in the current opportunity for peace.

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