UNITED NATIONS, Jan 16 (Hina) - Following is the full text of the
resolution 1037, adopted by the U.N. Security Council on Monday
The Security Council,
Recalling its earlier relevant resolutions, and in particular
its resolutions 1023 (1995) of 22 November 1995 and 1025 (1995) of
30 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 are integral parts of the
Republic of Croatia,
Stressing the importance it attaches to full respect for human
rights and fundamental freedom of all in those territories,
Expressing its support for the Basic Agreement on the region
of Eastern Slavonia, Baranja and Western Sirmium, signed on 12
November 1995 between the Government of the Republic of Croatia and
the local Serbian community (the Basic Agreement),
Having considered the report of the Secretary-General of 13
December 1995,
Stressing the importance it places on mutual recognition among
the successor States to the former Socialist Federal Republic of
Yugoslavia, within their internationally recognized borders,
Desiring to support the parties in their effort to provide for
a peaceful settlement of their disputes, and thus to contribute to
achievement of peace in the region as a whole,
Stressing the obligations of Member States to meet all their
commitments to the United Nations in relation to the United Nations
peace-keeping operations in the former Yugoslavia,
Determining that the situation in Croatia continues to
constitute a threat to international peace and security,
Determined to insure the security and freedom of movement to
the personnel of the United Nations peace-keeping operations in the
Republic of Croatia, and to these ends, acting under Chapter VII of
the Charter of the United Nations,
1. Decides to establish for an initial period of 12 months a
United Nations peace-keeping operation for the Region referred to
in the Basic Agreement, with both military and civilian components,
under the name "United Nations Transitional Administration for
Eastern Slavonia, Baranja and Western Sirmium" (UNTAES);
2. Requests the Secretary-General to appoint, in consultation
with the parties and with the Security Council, a Transitional
Administrator, who will have overall authority over the civilian
and military components of UNTAES, and who will exercise the
authority given to the Transitional Administration in the Basic
Agreement;
3. Decides that the demilitarization of the Region, as
provided in the Basic Agreement, shall be completed within 30 days
from the date the Secretary-General informs the Council, based on
the assessment of the Transitional Administrator, that the military
component of UNTAES has been deployed and is ready to undertake its
mission;
4. Requests the Secretary-General to report monthly to the
Council, the first such report to be submitted within one week
after the date on which the demilitarization is scheduled to be
completed pursuant to paragraph 3 above, regarding the activities
of UNTAES an the implementation of the Basic Agreement by the
parties;
5. Strongly urges the parties to refrain from any unilateral
actions which could hinder the implementation of the Basic
Agreement and encourages them to continue to adopt confidence-
building measures to promote an environment of mutual trust;
6. Decides that, no later than 14 days after the date on which
demilitarization is scheduled to be completed pursuant to paragraph
3 above, it will review whether the parties have shown the
willingness to implement the Basic Agreement, taking into
consideration the parties' actions and information provided to the
Council by Secretary-General;
7. Calls upon the parties to comply strictly with their
obligations under the Basic Agreement and cooperate fully with
UNTAES;
8. Decides to reconsider the mandate of UNTAES if at any time
it receives a report from the Secretary-General that the parties
have significantly failed to comply with their obligations under
the Basic Agreement;
9. Requests the Secretary-General to report to the Council no
later than 15 December 1996 on UNTAES and the implementation of the
Basic Agreement and expresses its readiness to review the situation
in the light of that report and to take appropriate action;
10. Decides that the military component of UNTAES shall
consist of a force with an initial deployment of up to 5,000 troops
which will have the following mandate:
(a) To supervise and facilitate the demilitarization as
undertaken by the parties to the Basic Agreement, according to the
schedule and procedures to be established by UNTAES;
(b) To monitor the voluntary and safe return of refugees and
displaced persons to their home of origin in cooperation with the
United Nations High Commissioner for Refugees, as provided in the
Basic Agreement;
(c) To contribute, by its presence, to the maintenance of
peace and security in the region; and
(d) Otherwise to assist in implementation of the Basic
Agreement;
11. Decides that, consistent with the objective and functions
set out in paragraphs 12 to 17 of the Secretary-General's report of
13 December 1995, the civilian component of UNTAES shall have the
following mandate:
(a) To establish a temporary police force, define its
structure and size, develop a training programme and oversee its
implementation, and monitor treatment of offenders and the prison
system, as quickly as possible, as set out in paragraph 16 (a) of
the Secretary-General's report;
(b) To undertake tasks relating to civil administration as set
out in paragraph 16 (b) of the Secretary-General's report;
(c) To undertake tasks relating to the functioning of public
services as set out in paragraph 16 (c) of the Secretary-General's
report;
(d) To facilitate the return of refugees as set out in
paragraph 16 (e) of the Secretary-General's report;
(e) To organize elections, to assist in their conduct, and so
certify the results as set out in paragraph 16 (g) of the
Secretary-General's report and in paragraph 12 of the Basic
Agreement; and
(f) To undertake the other activities described in the
Secretary-General's report, including assistance in the
coordination of plans for development and economic reconstruction
of the Region, and those described in paragraph 12 below;
12. Decides that UNTAES shall also monitor the parties
compliance with their commitment, as specified in the Basic
Agreement, to respect the highest standards of human rights and
fundamental freedoms, promote an atmosphere of confidence among all
local resident irrespective of their ethnic origin, monitor and
facilitate the demining of territory within the Region, and
maintain an active public affairs element;
13. Calls upon the Government of the Republic of Croatia to
include UNTAES and the United Nations Liaison Office in Zagreb in
the definition of "United Nations Peace Forces and Operations in
Croatia" in the present status of Forces Agreement with the United
Nations and requests the Secretary-General to confirm urgently, and
no later than the date referred to in paragraph 3 above, on whether
this has been done,
14. Decides that Member States, acting nationally or through
regional organizations or agreements, may, at the request of UNTAES
AND ON THE of UNTAES and on the basis of procedures communicated to
the United Nations, take all necessary measures, including close
air support, in defence of UNTAES and, as appropriate, to assist in
the withdrawal of UNTAES;
15. Requests that UNTAES and the multinational implementation
force (IFOR) authorized by the Council in resolution 1031 (1995) of
15 December 1995 cooperate, as appropriate, with each other, as
well as with the High Representative;
16. Calls upon the parties to the Basic Agreement to cooperate
with all agencies and organizations assisting in the activities
related to implementation of the Basic Agreement, consistent with
the mandate of UNTAES;
17. Requests all international organizations and agencies
active in the Region to coordinate closely with UNTAES;
18. Calls upon States and international financial institutions
to support and cooperate with efforts to promote the development
and economic reconstruction of the Region;
19. Underlines the relationship between the fulfilment by the
parties of their commitments in the Basic Agreement and the
readiness of the international community to commit financial
resources for reconstruction and development;
20. Reaffirms that all states shall cooperate fully with the
International Tribunal for the Former Yugoslavia and its organs in
accordance with the provisions of resolution 827 (1993) of 25 May
1993 and the Statute of the International Tribunal and shall comply
with requests for assistance or orders issued by a Trial Chamber
under article 29 of the Statute;
21. Stresses that UNTAES shall cooperate with the
International Tribunal in the performance of its mandate, including
with regard to the protection of the sites identified by the
Prosecutor and persons conducting investigations for the
International Tribunal;
22. Requests the Secretary-General to submit for consideration
by the Council at the earliest possible date a report on the
possibilities for contributions from the host country in offsetting
the costs of the operation;
23. Decides to remain actively seized of the matter.
(Hina) mm bk lm
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