SECURITY COUNCIL DECIDES UNCRO MANDATE TO END ON 15 JANUARY 1996 OR WITH ESTABLISHMENT OF TRANSITIONAL FORCE, WHICHEVER SOONER
Press Release
SC/6133
SECURITY COUNCIL DECIDES UNCRO MANDATE TO END ON 15 JANUARY 1996 OR WITH ESTABLISHMENT OF TRANSITIONAL FORCE, WHICHEVER SOONER
19951130 By Resolution 1025 (1995), Calls for Report by 14 December On Establishment of Transitional Authority and Peace-keeping ForceThe Security Council this afternoon, acting under Chapter VII of the Charter, decided that the mandate of the United Nations Confidence Restoration Operation in Croatia (UNCRO) shall terminate after an interim period ending on 15 January 1996, or when the Council has decided on the deployment of, including on the period for the transfer of authority to, a transitional peace-keeping force, whichever is sooner.
Unanimously adopting resolution 1025 (1995), the Council requested the Secretary-General to report to it by 14 December on all aspects of the establishment by the Council of a transitional administration and a transitional peace-keeping force to implement the relevant provisions of the Basic Agreement on the Region of Eastern Slavonia, Baranja and Western Sirmium in Croatia.
The Basic Agreement, signed on 12 November, between the Government of Croatia and the local Serb representatives, provides for the peaceful integration into Croatia of the region known as Sector East. It requests the Council to establish a transitional administration and to authorize an international force to maintain peace and security during the transitional period and to otherwise assist in the implementation of the agreement.
In a statement to the Council, Qin Hua Sin (China) said the United Nations peace-keeping operations had worked hard to contain the spread of the conflict, contribute to relief activities and act as a preventive force. He agreed in principle with the Secretary-General's proposal to extend the mandates of the peace-keeping operations in the region. China would vote in favour of the drafts before the Council. However, its reservations regarding improper actions under Chapter VII remained in place.
Requests for peace-keeping operations involved issues that were political, legal and financial in nature and the United Nations must conduct careful studies, he said. The deployment of implementation forces should be put under the control of the United Nations and the Security Council, in particular. The Council should adopt a prudent and responsible approach. The Chinese delegation was ready to participate in the conduct of an in-depth study of such operations.
The meeting, which began at 12:28 p.m., was adjourned at 12:38 p.m.
Resolution Adopted
Council resolution 1025 (1995), sponsored by Argentina, Czech Republic, France, Germany, Honduras, Italy, Russian Federation, United Kingdom and the United States, reads as follows:
"The Security Council,
"Recalling all its previous relevant resolutions and in particular its resolution 981 (1995) of 31 March 1995,
"Recalling also the Secretary-General's report of 29 September 1995 (S/1995/835) and the letter of the President of the Security Council of 10 October 1995 (S/1995/859),
"Reaffirming its resolution 1023 (1995) of 22 November 1995,
"Reaffirming once again its commitment to the independence, sovereignty and territorial integrity of the Republic of Croatia and emphasizing in this 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 full respect for human rights and fundamental freedoms of all in those territories and elsewhere in the Republic of Croatia,
"Welcoming again the Basic Agreement on the Region of Eastern Slavonia, 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,
"Welcoming the positive role played by UNCRO, and paying tribute to the personnel of UNCRO in the performance of their mandate,
"Having considered the report of the Secretary-General of 23 November 1995 (S/1995/987),
"Reaffirming its determination to ensure the security and freedom of movement of the personnel of United Nations peace-keeping operations in the territory of the former Yugoslavia, and, to these ends, acting under Chapter VII of the Charter of the United Nations,
"1. Welcomes the report of the Secretary-General of 23 November 1995;
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"2. Requests the Secretary-General to submit for consideration by the Council at the earliest possible date and no later than 14 December 1995 a report on all aspects of the establishment by the Council of an operation consisting of a transitional administration and a transitional peace-keeping force to implement the relevant provisions of the Basic Agreement including on the possibilities for assistance from the host country in offsetting the costs of the operation;
"3. Decides that, in order to allow for the orderly establishment of the operation referred to in paragraph 2 above, the mandate of UNCRO shall terminate after an interim period ending on 15 January 1996 or when the Council has decided on the deployment, including on the necessary period for the transfer of authority, of the transitional peace-keeping force referred to in that paragraph, whichever is sooner;
"4. Decides to remain actively seized of the matter."
Secretary-General's Report
In his report on peace-keeping missions in the former Yugoslavia (document S/1995/987), the Secretary-General suggests that the Council may wish to confirm UNCRO's presence as a transitional arrangement pending the establishment of an international force; designate, as quickly as possible, a civilian transitional administrator for the region; and determine the date on which implementation of the Basic Agreement on the Region of Eastern Slavonia, Baranja, and Western Sirmium should begin.
During the transitional period, the Secretary-General elaborates, UNCRO could facilitate and provide appropriate assistance to the deployment of the international force and the establishment of the transitional administration. As currently mandated and constituted, it would not be in a position to facilitate the demilitarization envisaged in the Basic Agreement. At present there is no concurrence on the part of the Croatian Government to UNCRO's continuation of its present functions in Croatia, except perhaps for the monitoring of the demilitarization of the Prevlaka peninsula as a confidence-building measure.
The report recalls that the Basic Agreement on the Region of Eastern Slavonia, Baranja, and Western Sirmium, signed on 12 November, provides for the peaceful integration into Croatia of the region known as Sector East. It also opens the way for the return to their homes of all Croatian displaced persons who so wished. The Agreement requested the Council to establish a transitional administration during the transitional 12-month period, which could be extended for up to a further 12 months, and to authorize an international force to maintain peace and security during the transitional
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period. During that period, civilian tasks include ensuring that refugees and displaced persons can return, supervising property matters, monitoring human rights, re-establishing the normal functioning of all public services, coordinating international support and assistance and organizing and monitoring the conduct of elections.
In addition, the Basic Agreement envisages the establishment and training of temporary local police forces and the presence of international monitors along the international border of the region in order to facilitate free movement of persons across existing border crossings.
It has yet to be determined which States, international organizations or institutions are to perform those tasks. In the light of the recent history of broken agreements followed by rapid escalation of violence, war would probably be resumed if the Agreement is not fully implemented, with potentially grave consequences for the prospects for peace not only in Croatia but also in Bosnia and Herzegovina. Timeliness of implementation is also of the essence for the present momentum to be sustained. For those reasons it merits full international support for its effective and timely implementation. In its resolution 1023 (1995) of 22 November, the Council acknowledged the need for expeditious follow-up action on the request made to it in the Agreement to establish a transitional administration and to authorize an international force.
In the report, the Secretary-General outlines two options: either the Security Council can decide to terminate UNCRO's functions when its current mandate expires -- in the expectation that interested States, international organizations and other institutions will assume responsibility for implementing the Basic Agreement from that date -- or the Council can decide to continue the presence of UNCRO until the transitional administration is established and an international force deployed to carry out the tasks envisaged in the Basic Agreement.
The President of Croatia, Franjo Tudjman, has not agreed to extending the mandate of UNCRO but says he would agree to retain the two currently deployed battalions as a transitional arrangement. He insists that the implementation of the Basic Agreement, particularly its demilitarization aspects, begin on 1 December. The Secretary-General points out that termination of UNCRO's mandate without the certainty that other institutions will be able to shoulder implementation of the Basic Agreement could severely destabilize the area.
Earlier, the Secretary-General had reported (document S/1995/835), on what tasks, if any, would be useful for UNCRO to continue to perform in Sector East and elsewhere in Croatia. Following discussions with the Government of Croatia and the local Serb authorities, the Secretary-General's Special
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Representative had proposed a plan for UNCRO based on the following tasks: performing the functions envisaged in the cease-fire agreement between Croatia and the local Serb authorities; implementing the relative sections of the 1994 Economic Agreement and arranging local economic initiatives as appropriate; and facilitating the implementation of all relevant Council resolutions as well as functions identified by the Secretary-General -- such as confidence- building and humanitarian tasks, including assistance to refugees and displaced persons and the monitoring of the treatment of ethnic minorities.
The plan would also include assistance in controlling the crossing of military personnel, equipment, supplies and weapons, over the international borders between Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro); monitoring the demilitarization of the Prevlaka peninsula; and observing and reporting on military incidents in the vicinity of the international border between Croatia and Bosnia and Herzegovina.
According to the report, a continued United Nations presence in Sector East was requested by both parties who assured the Special Representative that they are willing to resolve the issue of Sector East through negotiation.
The report goes on to say that the Croatian Government needs to reinforce its efforts to create the necessary conditions for Serbs to return to Sectors North and South and to encourage the residual Serb population to remain. The international community could assist the Croatian Government in creating an environment conducive to the return of all those persons who wish to return.
Also, according to the report, the Government of Croatia has requested the United Nations to monitor its border with both the Republic of Bosnia and Herzegovina and the Federal Republic of Yugoslavia (Serbia and Montenegro). Serbs are welcome to live in Croatia and those who fled following the recapture of Sectors West, North and South are welcome to return. However, UNCRO continued to receive reports of human rights abuses and destruction of property.
The President of the Security Council, in a letter to the Secretary- General dated 10 October (document S/1995/859), stated that the Council agreed with the arrangement set out in the report for the remainder of the current mandate of UNCRO pending, in the case of Eastern Slavonia, the outcome of negotiations.
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