Situation of human rights in the Republic of Bosnia and Herzegovina, in the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro).

Situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro)

Commission on Human Rights resolution 1995/89

(a) Police brutality against ethnic Albanians, killings, arbitrary searches, seizures and arrests, torture and ill-treatment of detainees and discrimination in the public administration;

(b) Discriminatory and arbitrary dismissals of ethnic Albanian civil servants, mass dismissals of ethnic Albanians, discrimination against ethnic Albanian pupils and teachers of primary schools, the closing of the Albanian-language secondary schools and university, as well as the closing of Albanian cultural and scientific institutions;

(c) The intimidation and imprisonment of ethnic Albanian journalists and the systematic harassment and disruption of the news media in the Albanian language;

(d) The dismissals of doctors and members of other categories of the medical profession of ethnic Albanian origin from clinics and hospitals;

(e) The massive arrests, imprisonment and Draconian punishment of ethnic Albanian political and human rights activists during the past year;

(f) The gradual elimination in practice of the Albanian language, particularly in the public administration and services;

(g) The serious and massive occurrence of discriminatory and repressive practices aimed at Kosovo Albanians as a whole, resulting in widespread involuntary emigration;

(h) The attempts at changing the ethnic structure of Kosovo, through a policy of State- sponsored resettlement of refugee Serbian populations in traditional ethnic Albanian communities, as well as through the harassment of ethnic Albanians from Kosovo wishing to return to their homeland,

1. Commends and thanks the Special Rapporteur for his continued tenacity in fulfilling his mandate under the most trying circumstances, and for the light shed by his important reports, in particular his latest reports, and notes that his continuing activity can be a force to reduce human rights violations in the region;

2. Again deplores and strongly condemns the continual refusal of the Federal Republic of Yugoslavia (Serbia and Montenegro) and the self-proclaimed Bosnian Serb authorities, as described in the reports of the Special Rapporteur, to permit the Special Rapporteur to conduct investigations in territories under their control, as mandated by the Commission;

3. Strongly condemns the specific violations identified by the Special Rapporteur in his reports, most of which are committed in connection with the systematic policy of "ethnic cleansing" and genocidal acts in the areas of the former Yugoslavia under the control of the self- proclaimed Serb authorities, and which include mass killing, torture, disappearances, rape, and other sexual abuses against women and children, the use of civilians as human shields on confrontation lines and as mine clearers, arbitrary executions, the destruction of houses, religious objects and cultural and historical heritage, forced and illegal evictions, detentions, arbitrary searches and other acts of violence;

4. Also condemns the systematic impediments by the self-proclaimed Bosnian Serb authorities and the self-proclaimed Serb authorities in the occupied part of Croatia of humanitarian operations, and particularly the obstruction of humanitarian relief convoys forwarded to besieged areas and towns;

5. Further condemns the indiscriminate shelling and besieging of cities and civilian areas, the systematic terrorization and murder of non-combatants, the destruction of vital services and the use of military force against civilian populations and relief operations, including the use of cluster and napalm bombs against civilian targets by Bosnian and Croatian Serb forces;

6. Again denounces the continued deliberate and unlawful attacks and use of military force against civilians and other protected persons by all sides, recognizing that the primary, though not the sole, responsibility lies with the Serbian forces;

7. Reaffirms the responsibility of all parties to the conflict to find peaceful solutions through negotiations and to protect fully human rights at all times;

8. Strongly reaffirms that in order to achieve a peaceful and lasting solution and to improve the human rights situation in Bosnia and Herzegovina, the right of return to their homes in safety and dignity of all refugees and displaced persons victims of the "ethnic cleansing" and the invalidity of forcible territorial gains and of forced transfers of property and other acts under duress must be recognized, and that the practice and consequences of "ethnic cleansing" should in no way be legitimized;

9. Strongly condemns the continued refusal of the Federal Republic of Yugoslavia (Serbia and Montenegro) and the self-proclaimed Bosnian Serb authorities to permit the Special Rapporteur to conduct investigations in territories under their control;

10. Condemns categorically all violations of human rights and international humanitarian law, as established by the Special Rapporteur in his reports, recognizing that primary responsibility for most of these violations is borne by the leadership in territory under Serb control and political and military leaders in the Federal Republic of Yugoslavia (Serbia and Montenegro);

11. Strongly condemns the self-proclaimed Bosnian Serb authorities for gravely violating the Agreement on Complete Cessation of Hostilities, concluded on 31 December 1994, as exemplified in the safe area of Bihac;

12. Strongly urges the international community to continue to support the ongoing peace process through acceptance by all sides of the Contact Group peace plan on Bosnia and Herzegovina, and to exert all pressure on the self-proclaimed Bosnian Serb authorities to accept that peace plan;

13. Demands immediate, firm and resolute action by all concerned parties and the international community to put an end to all human rights violations and breaches of international law, to secure a just and lasting peace in Bosnia and Herzegovina, and to bring those responsible to trial;

14. Expresses its alarm at the conclusions of the Special Rapporteur that nationalistic rhetoric and sweeping attacks and slurs against other national groups have been a dominant feature of reports propagated by some media in Croatia and in Bosnia and Herzegovina, but especially in a systematic way by most media of the Federal Republic of Yugoslavia (Serbia and Montenegro), and particularly by media under the control of the self-proclaimed Bosnian Serb authorities as described in the reports of the Special Rapporteur, and of the self-proclaimed Serb authorities in parts of Croatia, and that this phenomenon has led directly to the commission of fearful atrocities on the battlefields and throughout the territory, underlines in this regard the importance of ensuring the existence of independent media, and calls for immediate action by each Government to implement the recommendations of the Special Rapporteur in this regard (E/CN.4/1995/54, paras. 211-216);

15. Stresses in this context the importance of the closure of the international border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and Bosnia and Herzegovina, and the sealing of border crossing points in accordance with the expressed desire of the international community in support of the acceptance of the Contact Group's territorial proposal;

16. Condemns the continuation, particularly in the areas of Banja Luka, Prijedor and Bijeljina, of the heinous and illegitimate acts identified by the Special Rapporteur as elements of "ethnic cleansing", while commending the courage and sacrifice of the many Serbs who continue to refuse to take part in such violations, and urges the international community to use all its influence on the parties, in particular the authorities in parts of Croatia and Bosnia and Herzegovina under Serbian control and occupation, to end them immediately and to reverse their effects;

17. Also condemns all deliberate and arbitrary impeding of the delivery of food, medical and other supplies essential for the civilian population, in particular of the Bihac area, which can constitute a serious violation of international humanitarian law, and of medical evacuations, as well as attacks on and continued harassment of the United Nations Protection Force and personnel working with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations, which have caused injuries to and the death of those who seek to protect civilians and to deliver humanitarian assistance, and demands that all parties ensure that all persons under their control cease all such attacks and acts of harassment;

18. Renews its expression of outrage at the systematic practice of rape as a weapon of war against women and children and as an instrument of "ethnic cleansing" in the areas of armed conflict in the territory of the former Yugoslavia, and again recognizes that rape in these circumstances constitutes a war crime;

19. Reaffirms that all persons who perpetrate or authorize violations of international humanitarian law are individually responsible and accountable, and should be brought to justice in accordance with internationally recognized principles of due process;

20. Welcomes in this connection the expanding activities of the International Tribunal established by the Security Council in its resolution 827 (1993) of 25 May 1993, and in this context requests States, as a matter of urgency, to make available to the International Tribunal resources, services and expert personnel, including experts in the prosecution of crimes of sexual violence, as recommended by the General Assembly, and encourages as well voluntary contributions from intergovernmental and non-governmental organizations so that the Tribunal may conduct without any further delay its stipulated functions of trying those accused of and punishing those responsible for violations of international law;

21. Also welcomes the progress made by the Prosecutor of the International Tribunal, as shown by the series of indictments announced by the Tribunal, and expresses its support for this crucial effort to investigate and prosecute persons suspected of having committed serious violations of international humanitarian law;

22. Reaffirms that States are to be held accountable for violations of human rights, that they have the obligation to enforce respect for human rights and that they should ensure that those responsible for violations are brought to trial;

23. Requests all States, as required under Security Council resolution 827 (1993), to cooperate with the International Tribunal in providing information and evidence for investigations and trials and in the apprehension and surrender of persons accused of crimes within the jurisdiction of the Tribunal;

24. Again urges the Special Rapporteur, all United Nations bodies, including the United Nations Protection Force and the United Nations human rights treaty bodies, specialized agencies, Governments and informed intergovernmental and non-governmental organizations to cooperate fully with the Prosecutor of the International Tribunal and provide him on a continuing basis with all relevant and accurate information in their possession related to his task;

25. Demands the immediate internationally supervised release of all persons arbitrarily or otherwise illegally detained and the immediate closure of all places of detention not authorized by or in compliance with the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto;

26. Reiterates its demand that all parties immediately notify the International Committee of the Red Cross of the locations of all camps, prisons and other places of detention, and that there be immediate, unimpeded and continued access to such places by the International Committee of the Red Cross, the Special Rapporteur and other relevant international and regional organizations;

27. Commends and thanks the expert member of the Working Group on Enforced and Involuntary Disappearances for his first report on the special process on missing persons in the territory of the former Yugoslavia (E/CN.4/1995/37);

28. Recalls its resolution 1995/35 of 3 March 1995, in which the Commission expressed its appreciation to the Governments of Bosnia and Herzegovina and Croatia and requested them to continue and expand their cooperation with the special process and urged the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) to undertake maximum efforts to cooperate by disclosing all relevant available information and documentation, and again urges all parties to cooperate with the special process;

29. Strongly condemns the discriminatory measures and practices, as well as the violations of human rights, carried out by the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) against ethnic Albanians in Kosovo;

30. Again demands that the Federal Republic of Yugoslavia (Serbia and Montenegro) respect the human rights and fundamental freedoms of ethnic Albanians in Kosovo, recalling that the best means to prevent the possible escalation of the conflict is to safeguard human rights and establish democratic institutions in Kosovo;

31. Urgently demands that the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro):

(a) Cease all human rights violations, discriminatory measures and practices against ethnic Albanians in Kosovo, in particular arbitrary detention and violation of the right to a fair trial and the practice of torture and other cruel, inhuman and degrading treatment;

(b) Release all political prisoners and cease the persecution of political leaders and members of local human rights organizations;

(c) Respect the will of the inhabitants of Kosovo, allowing its expression by democratic means as the best way of preventing the escalation of the conflict there;

(d) Guarantee the freedom of the media throughout the country, and in particular in Kosovo, and cease the obstruction of the Albanian-language media in Kosovo;

(e) Abrogate the official settlement policy of the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro), which is conducive to the heightening of ethnic tensions;

(f) Allow the Special Rapporteur to visit Kosovo in order to prepare comprehensive reports on the human rights situation there;

(g) Cooperate with the Organization on Security and Cooperation in Europe to enable the long-term mission to resume its activities immediately, inter alia by permitting its return to Kosovo;

32. Urges the Secretary-General to explore ways and means to establish an adequate international monitoring presence in Kosovo;

33. Expresses its serious concern at a new escalation of violence and harassment mainly directed against members of the Muslim community in Sandjak, especially in the regions at the border with the Republic of Bosnia and Herzegovina, as reported by the Special Rapporteur in his ninth report (A/49/641-S/1994/1252, para. 188), and demands that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro), as well as the Governments of Serbia and of Montenegro, end these violations and respect the human rights and fundamental freedoms of the local population in Sandzak;

34. Also expresses its grave concern at renewed reports of violations of human rights in Vojvodina and, as noted by the Special Rapporteur, concerning members of the Bulgarian minority and the Croatian minority, while commending the courage and sacrifice of the many Serbs who continue to refuse to take part in such violations;

35. Urges all parties in Serbia and Montenegro, particularly in Kosovo, Sandjak and Vojvodina, to engage in a substantive dialogue, under the auspices of, inter alia, the International Conference on the Former Yugoslavia and the Organization on Cooperation and Security in Europe, to act with the utmost restraint and to settle disputes peacefully and with full respect for human rights;

36. Demands that the Federal Republic of Yugoslavia (Serbia and Montenegro) permit entry into Kosovo, Sandjak and Vojvodina of United Nations observer missions and field officers of the Special Rapporteur and resumption of the missions of long duration of the Organization on Security and Cooperation in Europe;

37. Expresses its serious concern at the prevalence of lawlessness in the Serb-controlled territories of Croatia and the lack of adequate protection for Croatian and other non-Serb populations remaining in the Serb-controlled municipalities where these populations continue to experience physical violence and insecurity, as reported by the Special Rapporteur;

38. Welcomes the efforts by the Governments of Croatia and of Bosnia and Herzegovina to uphold human rights in their territories, urges them to fulfil the human rights commitments they have made, and in particular asks the Government of Croatia to eliminate the arbitrary practices on the part of the Croatian authorities, as reported by the Special Rapporteur;

39. Condemns the continuation of "ethnic cleansing" in areas under the control of the self-proclaimed Serb authorities in the United Nations Protected Areas;

40. Notes with concern that many of the Special Rapporteur's past recommendations have not been fully implemented, in some cases because of resistance by the parties on the ground, and again strongly urges the parties, all States and relevant organizations to give immediate consideration to them;

41. Recommends that there be a human rights component in any internationally negotiated arrangements for Bosnia and Herzegovina and that implementation of such a component be conducted in close cooperation with the High Commissioner for Human Rights, the Special Rapporteur and the Centre for Human Rights;

42. Decides to extend for one year the mandate of the Special Rapporteur as defined in its resolution 1994/72, and requests that he continue his vital efforts, especially by carrying out all such additional missions as he deems necessary, in particular to the Federal Republic of Yugoslavia (Serbia and Montenegro), and that he continue to submit periodic reports, as appropriate, to the Commission and the General Assembly, and to request the Secretary-General to continue to make the Special Rapporteur's reports available to the Security Council and to the International Conference on the Former Yugoslavia;

43. Requests the Secretary-General to take steps to assist in obtaining the active cooperation of all United Nations bodies in implementing the present resolution and, pursuant to paragraph 28 of General Assembly resolution 49/196 , to make available, from within the overall budgetary framework of the United Nations, all necessary resources requested by the Special Rapporteur, including for his field staff, to enable him to fulfil his mandate and, in particular, to provide for the appointment of field staff in the countries under his mandate in order to provide first-hand, timely reports on the situation of human rights there and to ensure coordination with other United Nations bodies involved, including the United Nations Protection Force;

44. Decides to remain seized of the matter and to consider the reports of the Special Rapporteur at its fifty-second session under the relevant agenda item.