General Assembly Session 53 meeting 72

Mr. Sucharipa (Austria)

I have the honour to speak on behalf of the European Union. The Central and Eastern European countries associated with the European Union -- the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia -- and the associated country Cyprus, as well as the European Free Trade Association countries members of the European Economic Area, Iceland and Norway, align themselves with this statement.

The European Union first of all wishes to thank the High Representative, Mr. Carlos Westendorp, for the relentless efforts and assistance that he and his team have devoted to assisting in the establishment of a lasting peace in Bosnia and Herzegovina. We would also like to express our gratitude to the Special Representative of the Secretary-General, Ms. Elisabeth Rehn, the members of the United Nations Mission in Bosnia and Herzegovina (UNMIBH), the members of the International Police Task Force (IPTF), the members of the Stabilization Force (SFOR), the specialized agencies of the United Nations, the Organization for Security and Cooperation in Europe (OSCE), and all other international and non-governmental organizations for the services they have rendered to the cause of peace, reconciliation and reconstruction. The European Union pays tribute to the victims of the conflict and to all those who died discharging their duties in the service of peace.

The European Union recalls that there is no alternative to the Dayton/Paris Peace Agreement as the foundation of the political and economic development of Bosnia and Herzegovina and its two multi-ethnic entities. Full and swift implementation of the Peace Agreement in its entirety is a paramount obligation for all in Bosnia and Herzegovina and for the concerned neighbouring countries. The European Union continues to offer assistance and support in this endeavour in order to create the conditions for lasting peace and stability in the region. The European Union recalls, however, that this assistance remains strictly conditional upon compliance with the Peace Agreement and subsequent obligations and upon compliance with the criteria of the regional approach of the European Union, namely respect for democratic principles, the rule of law and market economic reform.

Lately we have witnessed several encouraging developments. Despite persisting violent incidents, in particular in connection with the return of refugees and displaced persons, the level of inter-ethnic violence has been dramatically reduced and a lasting cessation of hostilities has been established. The results of the municipal elections of 1997 were implemented with only a few exceptions. Successful general elections were held in September this year under the supervision of the OSCE. A new flag, passports, common licence plates and a common currency were introduced.

The President of the International Criminal Tribunal for the Former Yugoslavia, Judge McDonald, noted in her report that the last 12 months were characterized by a substantial improvement over previous years with respect to enforcement of the Tribunal's orders and compliance with obligations under international law. However, much remains to be done by entities and States of the former Yugoslavia, in particular by the Republika Srpska and the Federal Republic of Yugoslavia. The European Union notes that there have been some positive signs on the part of the Republika Srpska of its willingness to cooperate with the Tribunal, and it expects the new Government of the entity to increase its efforts in this respect. The Union fully supports the Tribunal and recalls that as long as all those indicted are not handed over to the Tribunal, an important prerequisite for national reconciliation and the rule of law will not be met.

In this context, the European Union also reminds the neighbouring countries of their obligations under the Peace Agreement. These obligations must be fulfilled in their entirety, voluntarily and immediately. The European Union condemns the continuing refusal of the Federal Republic of Yugoslavia to cooperate with the Tribunal by failing to arrest and transfer indictees to the custody of the Tribunal and demands full compliance with Security Council resolution 1207 (1998).

The return of refugees and displaced persons remains a priority. A very large number of refugees and displaced persons still have not returned home for fear of acts of intimidation and violence. Measures must be taken to put an immediate end to such acts. Furthermore, urgent administrative and legal measures must be taken by all parties to allow the voluntary return of refugees and displaced persons in accordance with the regional strategy of the Office of the United Nations High Commissioner for Refugees, particularly to areas where they would be a minority, and their reintegration into their communities of origin under conditions of safety and dignity, which must include full respect for their property rights. Although freedom of movement within and between the entities has improved, much remains to be done to guarantee the free circulation of people and goods on the territory of Bosnia and Herzegovina.

The European Union reaffirms that full respect for human rights, including the rights of persons belonging to minorities, is a precondition for the restoration of a multi-ethnic Bosnia and Herzegovina.

Functioning democratic institutions at the State, entity and local level are of paramount importance for the consolidation of peace in Bosnia and Herzegovina. The holding of free and fair elections is only an initial step in the construction of a democratic society. The implementation of the election results and the strengthening of the central institutions depend on the sustained cooperation of all, whether Bosniac, Croat or Serb. The European Union, therefore, expects all parties concerned to work together in this endeavour. It also expects the discontinuation of all parallel structures to the common institutions.

In order to create the necessary confidence of the citizens of Bosnia and Herzegovina in their Government and its institutions, the rule of law must pervade every aspect of life in the whole country. The reform of the judicial system and the restructuring of the civilian police in Bosnia and Herzegovina, for which the United Nations Mission is providing important assistance, are crucial objectives in the establishment of the rule of law.

The reform of the media sector has seen some progress in recent months. Free and independent media represent a cornerstone of democratic society. They provide for the free exchange of ideas and for a political discourse that allows citizens to make their political decisions and to partake in the administration of their country. The creation of a civil society bridging ethnic divisions and contributing to reconciliation and understanding among the citizens is one of the priorities on the way to a truly democratic and pluralistic Bosnia and Herzegovina.

One of the major problems Bosnia and Herzegovina is facing is the slow economic recovery and the slow conversion towards a free market system. This entails low foreign investment and extreme dependence on international economic and financial assistance. International assistance is now at its peak and will most probably decline in coming years. Bosnia and Herzegovina therefore needs to increase its efforts with respect to a comprehensive approach to economic reform in order to create the preconditions for a self-sustaining economy. An economic reform programme should include the framework for private sector development including privatizations and the improvement of foreign investment conditions, the restructuring of the banking sector and capital markets, the reform of the financial system and adequate social protection. Job creation and economic revitalization at the local level are also important for the sustainable return of refugees and displaced persons.

The European Union is looking forward to the upcoming Peace Implementation Council in Madrid, which, building on the results of the Bonn and Sintra meetings, will have the task of outlining the programme of action for the phase following the consolidation period, including clear benchmarks and a time-table for the high-priority issue of the return of refugees and displaced persons to minority areas. The European Union fully supports the High Representative in the discharge of his difficult duties. His action, as well as the assistance of the international community as a whole, remains indispensable for the foreseeable future. Our ultimate goal, however, is a Bosnia and Herzegovina capable at last of governing itself through impartial administration. We remain committed to a sovereign, united and independent Bosnia and Herzegovina.

A clear sign of this commitment was the adoption on 8 June 1998 of a declaration on the place of Bosnia and Herzegovina in Europe and the creation of a joint European Union/Bosnia and Herzegovina Consultative Task Force, which is designed to assist the country to identify and overcome some of the technical obstacles to closer ties with the European Union. As a first step, the Consultative Task Force at its latest meeting made recommendations in order to improve the legal and economic conditions for direct foreign investments in Bosnia and Herzegovina.

As the largest donor to Bosnia and Herzegovina, the European Union supports the efforts towards lasting peace, reconciliation and stability, having contributed close to one billion ECUs for reconstruction and technical assistance and another billion ECUs for humanitarian aid. We will continue our support for reconstruction, the reintegration of refugees and reconciliation in the future. Ultimately, however, the future of Bosnia and Herzegovina depends on its politicians accepting their responsibility for their country and the development of active and effective political and economic cooperation between the central State and the two entities. Good governance and the principles of transparency and fairness must become common practice throughout Bosnia and Herzegovina. Only then will we have achieved the noble goals set out in the Peace Agreement.

The Acting President

I now give the floor to the representative of Bosnia and Herzegovina to introduce draft resolution A/53/L.55.

Mr. Sacirbey (Bosnia and Herzegovina)

I apologize to all of you for having been a little bit tardy. We are working with several countries on trying to reach consensus on the draft resolution before us. I think you may understand that it is in our interest to see if we can, in fact, bring about that consensus and, over the next few minutes -- or hour or two -- of proceedings, we hope to bring some good news to you.

Before us, awaiting adoption by the General Assembly, is draft resolution A/53/L.55, entitled "The situation in Bosnia and Herzegovina". This draft resolution is sponsored by the spectrum of the membership of the General Assembly, including Austria, Bosnia and Herzegovina, Croatia, the Czech Republic, Egypt, Hungary, Indonesia, Jordan, Kuwait, Liechtenstein, Malaysia, Morocco, the Netherlands, Pakistan, Saudi Arabia, Slovenia, Turkey, the United States of America and the Republic of Macedonia. We hope to have some others added to this list.

The sponsors have committed themselves to the furtherance of the peace process in Bosnia and Herzegovina and the region as a whole. In particular, the draft resolution supports the sovereignty and territorial integrity of Bosnia and Herzegovina and places particular emphasis on the following as indispensable to peace, to the return to normalcy, to stability and to reconciliation.

First, while 1998 was designated the year of return, the actual return of refugees has not met expectation, especially where displaced persons and refugees would be of a minority ethnic group or where they were going back to the area from which they may have been ethnically cleansed. In this context, operative paragraph 10 stresses the conditionality of international assistance with respect to municipalities, locales and entities fully supporting the principles and practical efforts for displaced person and refugee return. This is in line with the so-called Open City project established to promote the focus of rebuilding and economic revitalization programmes on those locales exhibiting a sincere commitment to return. Without refugees and displaced persons going back to their homes, the whole peace process would be seen as a mirage and would evaporate away.

Second, critical to return, but also significant to the process of reconciliation, justice and the solidification of peace, is support for the work of the International Criminal Tribunal for the Former Yugoslavia and full compliance with its orders. All States Members of the United Nations should be committed to the work of the Tribunal, in particular by adopting complementing legislation and providing material resources. However, by far the greatest challenge to the Tribunal comes from the non-cooperation of certain States and parties. Compliance is mandatory and not optional. Here, we have followed the assessment, demands and even terminology of the report delivered to this General Assembly by the President of the Tribunal, Judge McDonald. While there has been some progress, the Tribunal's report emphasizes that non-cooperation continues to come overwhelmingly from the same States and parties as before, while others continue to be in substantive compliance. Again, here the draft resolution stresses conditionality and Chapter VII means, including the authority of the Stabilization Force (SFOR) and the potential of other sanctions, in order to compel compliance.

Third, the work of United Nations related forces, as well as of SFOR, has been crucial. SFOR is increasingly assisting civilian aspects of the implementation of the peace accords and the United Nations-mandated agencies are playing an even greater and more decisive role. We must continue to support the work of the International Police Task Force and the judicial reform process, especially where the local authorities may be resistant to or not reflect the commitment to pluralism.

Fourth, progress has been significant in some areas, including in such diverse fields as uniform licence plates and economic rehabilitation. However, all, and in particular we Bosnians, must recognize the need for further reform in order to capture the full opportunities of peace and further energize the process of return. Similarly, all discriminatory property laws and privatization efforts that were enacted to force ethnic cleansing or maintain the consequences thereof must be reversed and certainly will not be recognized as legal.

Fifth, many have come to Bosnia's aid and I must thank those who, yesterday, assisted Bosnia and Herzegovina politically, militarily and in humanitarian terms, through the collective and individual right of self-defence, to overcome aggression and genocide. Their efforts and friendship are not forgotten. The emphasis today is on the effort of rebuilding and consolidating the peace. Here, we thank many contributors, from United Nations-related agencies to the Organization of the Islamic Conference, and such bilateral donors and programmes as the United States Agency for International Development (USAID). A new structural dimension has been introduced by the most promising cooperative relationship between Bosnia and Herzegovina and the European Union. This gives all our citizens an integrating vision of peace, development and our place in the European Union family of nations.

Sixth, there are several other promising bilateral and multilateral arrangements, from mine clearance to commerce. The special relationship and transit rights arrangements between the Republic of Croatia, on the one hand, and Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina, on the other, establish a positive precedent. On the other hand, we must continue to express our dismay at the failure of the Federal Republic of Yugoslavia (Serbia and Montenegro) to establish diplomatic relations with Bosnia and Herzegovina without precondition and to abandon other arrangements inconsistent with the sovereignty of Bosnia and Herzegovina.

Seventh, the long-delayed process of resolving the succession rights of the old Yugoslavia, the Socialist Federal Republic of Yugoslavia, must move ahead, as has been frequently reiterated, on the basis of the equal rights of all the successor States, rather than of the dominance of one. Here, we must openly ask the question: Why has the Federal Republic of Yugoslavia, the new Yugoslavia, not applied for admission to this body or other relevant international bodies? In fact, I am quite certain that we in Bosnia would be prepared to support their endeavours in this area.

Eighth, within the region, as well as within Bosnia and Herzegovina, the overwhelming importance of democratization and respect for human, national and minority rights must continue to be furthered. This goes hand in hand with local efforts, including those at reconciliation. I should mention here the special visit of the Inter-Religious Council, representing the religious leaders of the four major religious groups in Bosnia, who had a chance to be here at the United Nations and to be greeted by the Secretary-General and by many members of the General Assembly.

Ninth, this year's draft resolution does include a new provision -- I must add, an overdue request -- in order to bring the fall of the United Nations-designated safe area of Srebrenica and the consequential human tragedy to closure. The Secretary-General has been asked to issue a comprehensive report on the matter. Neither the process of reconciliation, nor the return to normalcy within Bosnia and Herzegovina, nor the striving for the United Nations own sense of accountability can be effective without this most necessary exercise.

Operative paragraph 18 does not seek out the criminally culpable. That is left to the Tribunal. It does not seek to challenge the Security Council or to promote a confrontational attitude. We believe that the Secretary-General can provide information, analysis and conclusions, with a sense of accountability which builds upon -- that is, goes beyond -- the fragmented reports offered during the time-frame in question. This will be not a regurgitation, but a re-evaluation, a new effort at facts and conclusions, with the benefit of hindsight.

We have already approached the Secretariat about building a positive understanding of this request. We welcome all cosponsors and supporters of this draft resolution to continue to engage in a constructive evaluation with the Secretariat on the subject matter of this provision. Srebrenica is the criminal responsibility of the perpetrators. Srebrenica is the nightmare of the mothers, sisters and daughters that survived so many male victims. Srebrenica is our common shame. With accountability, maybe we also can make Srebrenica one of those lessons from which all of us will walk away with a greater understanding, as well as a sense of moral redemption.

We continue to express our realistic hope for the promise of peace and our confidence in the efforts of the Office of the High Representative, SFOR and many United Nations-related agencies, as well as many others who are committed to Bosnia and Herzegovina's future. We also look forward to the Peace Implementation Conference this December in Madrid and believe that this draft resolution will contribute to its work. I thank them, in Bosnia, and all present here for their support, and in particular today for support for the draft resolution before the Assembly.

Mr. Selim (Bangladesh)

Bangladesh considers the deliberations on agenda item 41, "The situation in Bosnia and Herzegovina", an opportunity to express once again our support for the struggle to preserve the sovereignty and territorial integrity of Bosnia and Herzegovina as a civic, multi-ethnic and multicultural State. Bangladesh, as a peace-loving country, is strongly committed to the promotion and strengthening of peace in Bosnia and Herzegovina. I am confident that our consideration today will help assess the progress so far achieved in the implementation of the Peace Agreement and thereby encourage and call upon the concerned parties to honour the international community's commitment to peace and progress in the region.

It is unfortunate that the pace of implementation of the Dayton Peace Agreement has been slow. It is a matter of particular concern to Bangladesh that despite repeated efforts by the international community and the Bosnian Government, refugees and displaced persons continue to face harassment and obstructions in returning to their homes and localities. As a result, returns have become slower. The Office of the United Nations High Commissioner for Refugees had set a target of 50,000 minority returns for the first half of 1998. The actual figure of returns is about 15,000. Violations of human rights continue to scare minorities out of their homes. Incidents of destruction of property and violence directed at minority residents increased during the last year. We must not overlook the fact that without addressing the question of the return of the displaced and minority population, the achievement of a long-term political solution to the Bosnian problem is not possible. In this regard, we believe that the restoration of mutual trust among the concerned parties is vital. We urge all to engage in productive interaction so that concrete results can be achieved.

As we discuss the situation in Bosnia and Herzegovina, another development in the region must not escape our attention. Developments in the region, particularly the situation in Kosovo, have a direct impact on the peace implementation process in Bosnia and Herzegovina. We understand that some 10,000 people from Kosovo have taken refuge in Bosnia and Herzegovina. These people are sharing the meagre resources of the country, causing further hardship to the already suffering people of Bosnia.

Bangladesh attaches particular importance to the role of the International Criminal Tribunal for the Former Yugoslavia in bringing justice to the region. We are disappointed, however, to see that war criminals continue to remain free, in contravention of the Peace Agreement. The Tribunal represents and upholds the principle of the rule of law. However, it cannot function without the cooperation and compliance of States.

It is encouraging that some parties are cooperating with the Tribunal within the terms of the Dayton Agreement. However, we are disappointed to note that others have continued to flout the call of the Tribunal and that of the Security Council, and have failed to execute arrest warrants of indicted persons and to transfer the indicted persons to the custody of the Tribunal. Their intransigent behaviour reached such a level that they did not even hesitate to refuse to accept a team of investigators of the Tribunal.

It is a matter of real concern that the international community has done little to address the problem, despite continuous violations of international humanitarian laws and the rulings of the Tribunal. This eventually encourages the offender to deliberately ignore its international obligations. In this regard, we call upon all the parties concerned to respect their international obligations, in particular those under the Dayton Agreement, and to cooperate with the Tribunal in apprehending the indicted criminals.

Bangladesh has remained steadfast in its support of the just struggle of the Bosnians in the face of the most vicious aggression against their people, territory and, above all, dignity. We have provided whatever military support we could offer within the framework of the United Nations peacekeeping mechanism. Bangladesh has repeatedly declared its policy to remain unflinchingly committed to every move to enhance the capacity of the Government of Bosnia and Herzegovina to build a unified State structure and to deliver on the promise to construct a multi-ethnic and democratic polity. While we reiterate our commitment to contribute in our humble way to the reconstruction of Bosnia and Herzegovina, we would call upon others to intensify collective measures in support of the reconstruction and rehabilitation process.

We are confident that this Assembly can contribute effectively to the upholding of the territorial integrity, legal continuity and sovereignty of Bosnia and Herzegovina. We are also confident that our collective support for the implementation of the provisions of the Dayton Peace Agreement, particularly for ensuring the return of minorities and displaced people, and also compliance by the parties concerned with the Tribunal's rulings, will contribute to the resolution of the problem. The commitment of the international community needs to be forcefully pronounced. The draft resolution before us represents the minimum the international community must accomplish in this regard. Bangladesh is a sponsor of this draft resolution. We hope that it will be adopted with the broadest possible support.

Mr. Rastam (Malaysia)

The international community has made a long-term commitment to peace and stability in Bosnia and Herzegovina. The Malaysian Government is gratified to note that almost three years after the signing of the 1995 General Framework Agreement for Peace in Bosnia and Herzegovina, substantial progress has indeed been achieved. Important efforts towards building a unified, multi-ethnic, multicultural and multireligious Bosnia and Herzegovina, within its internationally recognized boundaries, have indeed taken root. A number of fundamental common institutions have been constituted and begun to function, albeit with certain degrees of structural and political constraint.

Despite these achievements, much more still needs to be done to resolve the remaining critical problems and ensure that peace and stability will endure in Bosnia and Herzegovina. The return of refugees and displaced persons, reconciliation among various ethnic groups, minority protection and economic recovery, are among the main outstanding problems that have to be urgently and comprehensively addressed in order to facilitate the establishment of viable statehood for Bosnia and Herzegovina. My delegation therefore believes that the continuing and active involvement of the international community remains essential. In this regard, my delegation commends the important role of the international community, in particular that of the High Representative and his Office, the relevant Governments, the Stabilization Force (SFOR), the United Nations Mission in Bosnia and Herzegovina (UNMIBH), the International Police Task Force (IPTF) and various other United Nations agencies whose contributions have been very instrumental in facilitating the full implementation of the Peace Agreement.

At the same time, we hope that all parties in Bosnia and Herzegovina will continue to recognize that the main responsibility for achieving peace and national reconciliation remains with the Bosnian leaders and the Bosnian people themselves. There is no alternative but for them to remain fully committed to the Peace Agreement. They must continue to work strenuously towards establishing an integrated, independent, and peaceful Bosnia and Herzegovina, based on mutual respect for all, regardless of ethnicity, religion and culture.

We commend the Bosnians and the international community for the successful holding of national elections in Bosnia and Herzegovina recently. That the elections were held in a free and fair manner is a strong tribute to the international community, which remains committed to promoting peace and reconciliation in Bosnia and Herzegovina, and to the Bosnians themselves, who are keen to put aside their differences and work towards building a united, independent and multi-ethnic, multicultural and multireligious Bosnia. We hope that the elected leaders will maintain their commitment to strengthening the political, economic and social foundations of the country.

Malaysia attaches special importance to the work of the International Criminal Tribunal for the Former Yugoslavia. We are seriously concerned that despite the efforts of the international community, the major indicted war criminals still remain at large. We hope that more serious efforts will be made, especially in regard to getting the Federal Republic of Yugoslavia to surrender without delay those criminals that are taking refuge in its territory.

The safe return of refugees and displaced persons is another prerequisite for lasting peace in Bosnia and Herzegovina. We are happy to note that there has been some progress in the efforts, particularly by the Office of the United Nations High Commissioner for Refugees (UNHCR), to speed up the process. Malaysia will support all necessary measures to ensure an early completion of the voluntary and organized process of refugee return to all parts of the country.

Malaysia is proud to have been associated with the efforts to rebuild peace in Bosnia and Herzegovina. We will continue to be actively and persistently engaged in ensuring the full implementation of the Peace Agreement. In order to contribute to the national reconciliation efforts in Bosnia and Herzegovina, Malaysia successfully organized a non-governmental forum in Kuala Lumpur from 23 to 26 August 1998. The objective was to expose participants from Bosnia and Herzegovina to the valuable experiences in national reconciliation of other countries. Fifteen Bosnian participants attended. They found the forum very useful in providing ideas for bringing about a climate of trust and tolerance among Bosnians. The Kuala Lumpur forum was the first of what we had hoped would be a series of forums on this subject matter to be held in cooperation with other organizations, governmental and non-governmental. Malaysia would like to express its appreciation for the contributions made by other countries, in particular Canada, which provided the necessary funding that helped ensure the success of this forum.

Malaysia has in the past contributed to the reconstruction efforts in Bosnia and Herzegovina. Regrettably, our contribution has had to be reduced due to the financial crisis and financial problems faced by Malaysia at present. Nevertheless, Malaysia will continue to work closely with the others to continue to provide, within our means, further assistance to Bosnia and Herzegovina.