CROATIA'S U.N. ENVOY WRITES TO SECURITY COUNCIL PRESIDENT

WASHINGTON, Jan 4 (Hina) - Following is the full text of letter Croatian envoy to the United Nations, Ambassador Mario Nobilo on Wednesday forwarded to the President of the Security Council, sir John Weston. "In his letter dated December 22, 1995, addressed to your predecessor, the Federal Prime Minister of the Federal Republic of Yugoslavia (Serbia and Montenegro) Radoje Kontic presented a number of claims that are untrue, in order to justify his government's request for prolongation of United Nations presence on the Prevlaka Peninsula in the Republic of Croatia, following the expiry of the UNCRO mandate. "Firstly, Croatia cannot accept the notion that there is a 'territorial dispute between the Republic of Yugoslavia, i.e. the Republic of Montenegro and the Republic of Croatia located in the Prevlaka peninsula in Boka Kotorska Bay.' The boundary in the said area was undisputed and uncontested while Croatia was a constituent Republic within the former Socialist Federal Republic of Yugoslavia (SFRJ). In accordance with the international law, all such borders came to be recognized as international borders among the five Successor States of SFRJ. This legal fact was also confirmed by the European Community Arbitration Commission (Badinter Commission). "Secondly, the issues discussed at the Dayton proximity talks are well known, and the issue of the Prevlaka Peninsula was not on the agenda. It was raised unilaterally. A unilateral claim to a part of the territory of another State can in no way be interpreted as a 'firm commitment to a peaceful settlement of the dispute in accordance with the Charter of the United Nations' especially in light of the fact that the Federal Republic of Yugoslavia (Serbia and Montenegro) is still not prepared to recognize Croatia, despite the fact that the Security Council has called on numerous occasions for mutual recognition between all Successor States of SFRJ, as a starting point for resolving all outstanding issues od contention in the region. Moreover, as such, a new and assertive claim by the Federal Republic of Yugoslavia (Serbia and Montenegro) to parts of the Prevlaka Peninsula is contrary to the spirit and the letter of numerous Security Council and General Assembly resolutions protecting the territorial integrity of all Successor States, including Croatia. "The Croatian Government remains available to discuss all issues including full normalization of relations with the Federal Republic of Yugoslavia (Serbia and Montenegro), but under one fair and objective condition; the discussion must be between two equal partners -- between States that fully recognize each other within their internationally-recognized borders. "In conclusion, since the Council has already decided that the UNCRO mandate in Croatia has ended effective January 15, and thereby the United Nations mandate on Prevlaka Peninsula as well, and in the view of the above stated fact the Prevlaka Peninsula is an integral part of Croatia, the Croatian Government considers any and all requests designed and aimed at creating legal uncertainty and ambiguity regarding the status of parts of sovereign Croatian territory to be unacceptable, and contrary to interest of peace and security in the region. Furthermore, the Basic Agreement, which the Council is presently considering in respect of implementation, is not in any way related to the Prevlaka Peninsula but exclusively to eastern Slavonia, Baranja and Western Sirmium parts of Croatia, which should be respected and reflected in the upcoming action by the Council," the letter said. (Hina) bk 041422 MET jan 96