PLEASE RETAIN ORIGINAL ORDER - United Nations Archives

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UNITED NATIONS

Security Council Qistr. GENERAL

S/1995/1059

s

22 December 1995

ORIGINAL : ENGLISH

LETTER DATED 22 DECEMBER 1995 FROM TH CHARGE D'AFFAIRES A. I. OF THE PERMANENT MISSION OF YUGOSLAV! 0 THE UNITED NATIONS

ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL

I have the honour to transmit herewith the letter of His Excellency Dr. Radoje Kontic, Prime Minister of the Federal Republic of Yugoslavia, addressed to you.

I should be grateful if you would have the text of the present letter and its annex circulated as a document of the Security Council.

1iuni111i1 im1 111i1 )111111111111111 n1i 1111 2 8 12 9 5

(Signed) Vladislav JOVANOVIC Charge d'affaires a.i .

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S/1995/1059 English Page 2

Letter dated 22 December 1995 from the Prime Minister of Yugoslavia addressed to the President of the Security Council

As you know, there is a territorial dispute between the Federal Republic of Yugoslavia, i.e. the Republic of Montenegro, and the Republic of Croatia located in the Prevlaka peninsula in Bo1ca Kotorska Bay. The existence of the dispute was noted by the two sides in Dubrovnik on 25 April 1995.

The legal status of the disputed part of the territory which encompasses Cape Ostri .and a part of the Prevlaka hinterland was regulated by the joint declarations of the President of the Federal Republic of Yugoslavia and the President of the Republic of Croatia of 30 September and 20 October 1992, as well as in Security Council resolutions 779 (1992) of 6 October 1992 and 981 (1995) of 31 March 1995.

The joint declaration of the President of the Federal Republic of Yugoslaviq and t he President of the Republic of Croatia of 30 September 1992 provisionally resolved the outstanding and disputed questions in the border belt between the Federal Republic of Yugoslavia (Republic of Montenegro) and the Republi c of Croatia. The agreement established the legal status of the territory at Prevlaka which was demilitarized with its hinterland, while the two sides agreed to solve the problem of the general security of Bo1ca Kotorska and Dubrovnik through further negotiations.

The said agreement was confirmed in Security Council resolution 779 (1992) of 6 October 1992 , by which the United Nations assumed the respons i bility for the control of the agreed arrangements and respect for the security regime of the United Nations pending a peaceful solution of the disputed question by the two sides.

By adopting the said resolution, the Security Council, in accordance with Article 33 of the Charter of the United Nations, called upon the sides to solve the dispute through negotiations.

During the peace negotiations in Dayton in November 1995, using the instruments of general peace arrangements, the delegation of the Federal Republic of Yugoslavia did everything within its power to arrive in direct contact with the delegation of the Republic of Croatia and in the presence of t he representatives of the United States of America, at a negotiated solution of the dispute. The guarantees in connection with a tripartite exchange of territories among the Federal Republic of Yugoslavia, the Republic of Croatia and Bosnia and Herzegovina and the solution of the dispute about Prevlaka in favour of the Federal Republic of Yugoslavia, i.e. the Republic of Montenegro, made at the time by the Republic of Croatia, are known to all participants in the Dayton Proximity Talks. However, after the Dayton Agreement, by a series of public statements of the most responsible representatives of the Republic of Croatia, the Croatian side put in question the agreed arrangements.

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The Federal Republic of Yugoslavia had exhausted all possibilities and instruments to date to solve the dispute with the Republic of .Croatia through direct diplomatic negotiations, as directed by the United Nations Security Council in its relevant resolutions. In this context, mention should be made of the negotiations initiated by the Assembly of the Republic of Montenegro on 8 October 1991 which contain a proposal on a negotiated delineation with the Republic of Croatia on land and sea in the region of Prevlaka; the negotiations at the highest level in The Hague and Brussels during 1991 and 1992; the meetings and talks of the Interior Ministers of the Republic of Montenegro and the Republic of Croatia of 20 October 1992 and 28 January 1993; the direct talks of the two interested sides within the Joint Inter-State Committee of the Federal Republic of Yugoslavia and the Republic of Croatia in the presence of the Special Representative of the Secretary-General of the United Nations, of 25 April 1995; the shuttle diplomacy of the Special Representative; and, finally, of the _ continuation of negotiations in Dayton in November 1995, at the London Conference on 9 December 1995 and at the Paris Conference on 14 December 1995, which failed to bring the expected results.

Invoking United Nations Security Council resolutions related to Prevlaka and the reports of the Secretary-General of the United Nations of 17 September 1994 and 22 March 1995 and reiterating once again its firm commitment to a peaceful solution of the dispute in accordance with the Charter of the United Nations, the Federal Republic of Yugoslavia wishes to inform the Security Council once again that the territorial dispute between the Republic of Croatia and the Federal Republic of Yugoslavia located in the Prevlaka peninsula has not been solved and requests the Security Council to call upon the Republic of Croatia to find a peaceful solution through diplomatic negotiations.

Pending a peaceful and mutually acceptable solution of this territorial dispute and because of the possibility of interpreting Security Council resolutions 779 (1992} and 981 (1995} related to the mandate of the peace force in different ways, the Federal Republic of Yugoslavia requests the Security Council to adopt a decision, prior to the expiry of the United Nations mandate in the former Yugoslavia, that the United Nations monitoring mission in the disputed area continue its activities until a peaceful solution has been achieved.

(Signed} Radoje KOMTIC Federal Prime Minister

UNITED NATIONS

Security Council Distr. GENERAL

S/1995/1027

s

11 December 1995

ORIGINAL: ENGLISH

LETTER DATED 8 DECEMBER 1995 FROM THE SECRETARY-GENERAL ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL

I have the honour to transmit the attached report, which was addressed to me on 7 December 1995 by the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia, concerning the operations of the International Conference's Mission to the Federal Republic of Yugoslavia (Serbia and Montenegro}. This report by the Co-Chairmen contains the certification referred to in Security Council resolutions 988 (1995} and 1015 (1995) .

I should be grateful if you would bring this information to the attention of the members of the Security Council.

(Signed) Boutros BOUTROS-GHALI

95-39557 (E} 121295 131295 I 1111111111111111 11111 1111111111 IIIII IIII 1111

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Operations of the Mission of the International Conference on the Former Yugoslavia to the Federal Republic of

Yugoslavi'a {Serbia and Montenegro)

I. INTRODUCTION

1. The present report is submitted pursuant to paragraph 13 of Security Council resolution 988 (1995) of 21 April 1995 and paragraph 2 of Security Council resolution 1015 (1995) of 15 September 1995. In those resolutions, the Council requested that the Secretary-General submit every 30 days for its review a report from the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia on the border closure measures taken by the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro).

2. It will be recalled that, on 4 August 1994, the following measures were ordered by the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) to come into effect the same day:

(a) "To break off political and economic relations with the ' Republika Srpska';"

(b) "To prohibit the stay of the members of the leadership of the 'Republika Srpska' (parliament, presidency and Government) in the territory of the Federal Republic of Yugoslavia";

(c) "As of today the border of the Federal Republic of Yugoslavia is closed for all transport towards the 'Republika Srpska' except food, clothing and medicine."

3. On 22 November 1995, the Security Council adopted resolution 1022 (1995) and, in paragraph 2 thereof, decided that the suspension of sanctions referred to in paragraph 1 of that resolution "shall not apply to the measures imposed on the Bosnian Serb party until the day after the Commander of the international force to be deployed in accordance with the peace agreement, on the basis of a report transmitted through the appropriate political authorities, informs the Council via the Secretary-General that ·all Bosnian Serb forces have withdrawn behind the zones of separation established in the peace agreement".

4. On 19 September, 3 October, 2 November and 1 December 1994 and 4 January, 2 February, 2 and 31 March, 13 April, 18 May, 25 June, 3 August , 6 September, 11 October and 10 November 1995, the Secretary-General transmitted to the Security Council reports from the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia on the state of implementation of the above-mentioned measures (S/1994/1074; S/1994/1124; S/1994 / 1246; S/1994/1372; S/1995/6; S/i995/104; S/1995/175; S/1995/255; S/1995/302; S/1995/406; S/1995/510; S/1995/645; S/1995/768; S/1995/865 and S/1995/944). The report dated 10 November 1995 contained the following certification by the Co-Chairmen: ,

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"In the light of the foregoing developments, based on the Mission's on-site observation, on the advice of the Mission Coordinator, Mr. T. J. Nieminen, and in the absence of any contrary information from the air, either from the airborne reconnaissance system of NATO .or national technical means, the Co-Chairmen conclude that the Government of. the Federal Republic of Yugoslavia (Serbia and Montenegro) is cont~~uing to meet its commitment to close the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces. The Co-Chairmen also conclude that, during the period covered by the present report, there have been no commercial transshipments across the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republic of Bosnia and Herzegovina."

Developments since the last report are outlined below.

II. LEGISLATION/REGULATIONS ON THE BORDER CLOSURE

5. The legislation of the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) closing the border with the Bosnian Serbs continues to be in effect.

6. The authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) have provided the Mission with the following list of confiscations conducted along its border with Bosnia and Herzegovina for the month of October 1995:

Petrol

Diesel

Motor oil

Cigarettes

Construction materials

Wood

Alcohol

Food

Coffee

Textiles, clothing, footwear

Motor vehicles

Animals

Technical equipment

Other goods

4.8 tons

6 tons

366 litres

2.7 tons

8.1 tons

105 cubic metres

975 litres

890 kilograms

431 kilograms

344 kilograms

34

34

530 kilograms

237 kilograms

7. There were 97 new offence procedures initiated during the month of October, and 52 were finalized. Fines and penalties amounted to .

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97,718 dinars. The volume of confiscations was below average in virtually all categories and the number of new offence cases and sum of penalties were about the average for the previous 14 months. The Mission's Senior Customs Adviser discussed the downturn in confiscations with the Deputy Director of the Federal Customs. The latter explained that the widened definition of humani tarian aid allowed into the "Republika Srpska" probably reduced the incidence of smuggling attempts. Also the intense level of fighting in Bosnia and Herzegovina will have lessened the opportunity for trading.

III. ORGANIZATION, FINANCING AND WORK OF THE MISSION

8. As of 6 December 1995, there were 217 international observers on duty in the Mission. The Mission personnel to date have come from Belgium, Canada, the Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, the Netherlands, Norway Portugal, the Russian Federation, Spain, Sweden, the United Kingdom of Great Bi~tain and Northern Ireland and the United States of America. At the present time, Canada, Portugal and Spain are not represented in the Mission.

9. In the reporting period, the number of refugees from Bosnia and Herzegovina crossing the border into the Federal Republic of Yugoslavia (Serbia and Montenegro) decreased from approximately 157 during the first week of the month to 20 in the last week. The total number of refugees who crossed into the Federal Republic of Yugoslavia (Serbia and Montenegro) during the last month was 325. The operational situation within the Mission's area of responsibility remained calm during the reporting period.

IV. FREEDOM OF MOVEMENT AND SECURITY OF THE PERSONNEL

10. The Mission continues to enjoy freedom of movement within the Federal Republic of Yugoslavia (Serbia and Montenegro). However, on 12 November, in Sector Charlie, the Yugoslav Army denied entry to a Mission mobile patrol vehicle through the military checkpoint en route to Kovaci. The observers were permitted to walk to the vicinity of the village. Previously, Mission vehicles were allowed to go through the checkpoint but on this occasion they were refused on the grounds of unspecified "military rules" . The Yugoslav Army liaison officer in Niksic was immediately informed of the incident.

11. On 20 November in Sector Alpha, Yugoslav Army personnel prevented Mission observers from conducting foot patrols along the Drina river without the Yugoslav Army liaison officer. The Yugoslav Army soldiers insisted that they had received new instructions that the liaison officer should be present when the Mission patrolled this route.

12. On 22 November in Sector Belgrade, the Yugoslav Army denied a Sector Belgrade mobile patrol access for "security reasons" to the Morovic alternative road to controlled crossing-point Jamena after the usual route was deemed impassable . On 23 November, the Mission Coordinator and his Senior Customs Adviser met with the Deputy Chief of the General Staff, Lieutenant General Blagoje Kovacevic, and discussed assignments to the Mission of liaison officers

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by the Yugoslav Army, access to controlled crossing-point Jamena by road through the village of Morovic (access was limited because of the tense situation in Eastern Slavonia) and the above-mentioned cases where the movement of the Mission patrols has been impeded by the Yugoslav Army. General Kovacevic reaffirmed the Yugoslav Army's commitment to maintain the high level of cooperation that has existed with the Mission. He gave assurances that the problems encountered by the Mission would be resolved immediately.

13. On 24 November, at border crossing point Sremska Raca, a Mission team's local female interpreter was harassed in the ladies room by an intoxicated individual wearing a military uniform. The following day the Deputy to the Director-General of the Federal Customs Administration was informed of the incident . He replied that he would take action to avert incidents of that nature.

14 . On 3 December, a mobile patrol in Sector Charl i e, north of Crkvice, was blocked by a truck on the road. The truck driver threatened the Mission personnel. The team was under duress and the Yugoslav Army liaison officer who was escorting the team requested a military patrol from the nearest Yugoslav Army checkpoint on the border to escort the Mission patrol out of the area.

V. COOPERATION OF THE AUTHORITIES OF THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) WITH THE MISSION

15. Cooperation with the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) continues to be good. In response to specific difficulties, the Mission Coordinator and his staff have registered their concern to the appropriate authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro).

16. In a letter of 28 November to Colonel D. Vuksic, Head of the Department for Relations with Foreign Military Attaches, the Mission Chief of Staff stressed the importance of maintaining a Yugoslav Army liaison officer in Sector Bajina Basta to replace the departing liaison officer. General Kovacevic, Deputy Chief of the General Staff, had reassured the Mission Coordinator, in an earlier meeting with him on 23 November, of his commitment to maintai n full cooperation . Following up on this meeting and maintaining constant contact with the local officials in Montenegro, the Mission 's Special Envoy to that republic, in a meeting on 27 November, emphasized to Colonel Cecovic, the Commander of Podgorica Army Corps, the necessity of improving cooperation throughout Sector Charlie. The Special Envoy noted the urgency of frequent consultations between the Yugoslav Army and the Mission. Replying to the Sector's specific concerns, Colonel Cecovic promised that the liaison officer would be accessible to the Mission by pager at all times. He promised to step up Yugoslav Army surveillance of the controlled border area between Crkvice and Vracenocivi, which appears open to smuggling, and a friendlier disposition of the Yugoslav Army to the Mission. The Special Envoy and Colonel Cecovic agreed to meet every 14 days and within a couple of hours in the event of an emergency. On the night of 4 December, 17 truck drivers were arrested trying to transport goods in this area from Bosnia into the Federal Republic of Yugoslavia (Serbia and Montenegro). Subsequently, the Yugoslav Army liaison efficer told the Sector

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that the border in Crkvice-Vracenovici would be closed and the International Conference on the Former Yugoslav:ia would have timely access to Yugoslav Army information in the area.

17. On 23 November, the Mission · Coordinator discussed Security Council resolution 1022 (1995) with Deputy Defence Minister Bjelica Bogoljub, and both concluded from the meeting that the measures imposed by the Federal Republic of Yugoslavia (Serbia and Montenegro) Government on the Bosnian Serbs would continue. Similarly, on 23 and 24 November, during talks between the Mission Coordinator and his Customs Adviser, the Federal Customs authorities agreed that the suspension of sanctions would not apply to the measures imposed on the Bosnian Serbs. Instructions to this effect have been issued by the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) to their officials on the border with the "Republika Srpska".

VI. INFORMATION· RECEIVED FROM NATIONAL AND OTHER SOURCES

18. The operating principle of the Mission is to base its reporting and evaluations on its own observations and on information that it has verified. The Mission Coordinator maintained a standing request to Governments possessing the technical capacity to provide it with information relevant to its mandate. He has not received any such information since the last report.

VII. PROBLEMS ENCOUNTERED AND REPRESENTATIONS MADE TO THE AUTHORITIES

19. Unarmed uniformed personnel continue to cross the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and Bosnia and Herzegovina. During the reporting period, 245 uniformed personnel crossed the border at Sremska Raca (Sector Belgrade), 7 at Badovinci (Sector Alpha), 36 at Trbusnica (Sector Alpha), 9 at Mali Zvornik (Sector Alpha), 6 at Ljubovija (Sector Alpha) and 1 at Scepan Polje (Sector Charlie).

20. On 7 November, a Sector Charlie mobile patrol discovered that a barrier had been dismantled at a bypass leading to the border near Vilusi.

21. Similarly, on 11 November, a Sector Bajina Basta mobile patrol noticed that a barrier 8 kilometres south-east of Kotroman had been removed on a bypass leading to the border. The local authorities were informed of both incidents and they promised to restore the barriers immediately.

22. On 13 November, a Sector Alpha mobile patrol observed a large boat on the Drina river, 7 kilometres south-east of Sremska Raca near the confluence of the Drina and the Sava. The craft, which was 9 metres in length and powered by an outboard engine, was heavily loaded with boxed items. The approximate size of a box was 30x40xl5 centimetres. When the boat reached the Bosnia and Herzegovina bank it was unloaded by three persons. The boxes, which numbered around 800, appeared.heavy. The patrol requested the assistance of the Yugoslav Army liaison officer and police to monitor the boat's route to the point where it re-entered the Federal Republic of Yugoslavia (Serbia and Montenegro). However,

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after the smugglers completed unloading, the boat . was pulled well up the Bosnia and Herzegovina bank. The local authorities witnessed this activity. The Mission Senior Customs Adviser raised the incident with the Deputy DirectorGeneral of the Federal Customs Administration during a call on him on 17 November . The Deputy Director-General confirmed that the Sava river was patrolled by military/police vessels, which should prevent direct access to Bosnia and Herzegovina. He requested a copy of the Mission report about the smuggling incident, which he assured would be brought to the attention of the authorities responsible for controlling the Sava.·

23. On 14 November, a Sector Bajina Basta mobile patrol discovered that the barricade had been removed at Panjak, a southerly bypass to Kotroman border crossing point. The commander of the local military unit was apprised of the matter and he stated that a more permanent structure would be installed. On the same day, the Chief of Staff of the Mission met with the Deputy Head of the Department for Relations with Foreign Military Attaches and International Organizations of the Yugoslav Army. He drew attention to the requirement that barriers that had been removed were to be replaced as quickly as possible. Again, on 15 November, a Sector Bajina Basta mobile patrol witnessed a mediumsize truck with a canvas cover over its cargo crossing into Bosnia and Herzegovina at Panjak. The Yugoslav Army liaison officer subsequently instructed the local Yugoslav Army commander to construct a more substantial barricade at Panjak. Finally, on 17 November a new barricade was erected and a trench dug beyond the obstruction.

24. On 24 November, in the Panjak unauthorized crossing point area, a Sector Bajina Basta mobile patrol observed a medium-size truck stuck in snow and mud approximately 50 metres inside the "Republika Srpska" territory. The truck had illegally crossed the Federal Republic of Yugoslavia (Serbia and Montenegro)"Republika Srpska" border. The Yugoslav Army unit commander for Kotroman area was called in to witness the violation.

25. On 29 November, in the Panjak unauthorized crossing point area, a Sector Bajina Basta mobile patrol observed evidence of illegal crossing of the Federal Republic of Yugoslavia (Serbia and Montenegro)-"Republika Srpska" border and informed the Yugoslav Army liaison officer of this violation. Also, daily mobile patrols from the Sector Bajina Basta have seen evidence of smuggling activities in Panjak area. However patrols in the area have found no hard evidence to sustain the allegation of 10-ton trucks crossing at the two suspected border crossing points, but this possibility continues to be pursued with the Yugoslav Army. As of 6 December, the local Yugoslav Army commanders have not provided the Mission with an explanation or course of action regarding these suspected crossings. The Mission Coordinator followed up on this matter during his meeting on 6 December with the Deputy Chief of the Yugoslav Army General Staff, expressing his concern and the urgency of resolving this situation in Panjak. The General Staff representatives promised to look into this question.

26. On 19 November, a Sector Alpha patrol sighted a boat crossing the Drina river 1 kilometre south of Mali Zvornik, with three men and about ten 100-litre barrels. The barrels were unloaded on the Bosnian side.

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27. On 22 November, two Gazelle helicopters were observed by Sector Alpha mobile patrols flying 5 kilometres south of Mali Zvornik. The helicopters were heading from the "Republika Srpska" to the Federal Republic of Yugoslavia (Serbia and Montenegro). The local authorities were requested to investigate this border crossing. As of 6 December, the Mission Coordinator had received no reply .

28. In paragraph 24 of the Mission report to the Security Council of 10 November 1995 (S/1995/944), it was reported that "on 28 October one Mi-8 helicopter, originating from the Bosnian side and heading south-east, crossed the border south of the border crossing point at Scepan Polje (Sector Charlie)". The authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) informed the Mission that the helicopter was on HT 40 belonging to the "Republika Srpska". The authorities cited unfavourable weather conditions as reason for the helicopters crossing the border, entering 5 kilometres deep into the Federal Republic of Yugoslavia (Serbia and Montenegro) airspace and leaving without landing in the area of Pluzine.

29. On 29 November, at the vicinity of border crossing point Uvac (Sector Bravo), a 10-wheel transport truck was stuck in the middle of the river while attempting to cross the border illegally from the "Republika Srpska" to the Federal Republic of Yugoslavia (Serbia and Montenegro). The driver and passenger were arrested by a Yugoslav Army patrol.

VI I I . CERTIFICATION

30. In the light of the foregoing developments, based on the Mission ' s on-site observation, on the advice of the Mission Coordinator, Mr. T. J. Nieminen, and in the absence of any contrary information from the air, either from the airborne reconnaissance system of the North Atlantic Treaty Organization (NATO) or national technical means, the Co - Chairmen conclude .that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) is continuing to meet its commitment to close the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the areas of the Republic of Bosnia and Herzegovina under the control of the Bosnian Serb forces. The Co-Chairmen also conclude that, during the period covered by the present report, there have been no commercial transshipments across the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republic of Bosnia and Herzegovina.

CTAnHA MMCMJA CABE3HE PEnY6JlMKE JYrOCfiABMJE nPM YJEAMH>EHMM HA4MJAMA

PERMANENT MISSION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA TO THE UNITED NATIONS

854 FIFTH AVENUE, NEW YORK, N.Y. 10021 TEL: (212) 879-8700 FAX: (212) 879-8705

No. \ \ 1 b /95

6 December 1995

Your Excellency,

I have the honor to write to you concerning the Fifth Annual International Cultures Conference & Film Showcase entitled II Communicating_ Diversity " . .. which - was . he lei" at ·. the · .. Uni tedNations Headg_uarters __ on 4 _Decemberl.995. The programme of the Conference, enclosed ·· herewith, organized by two NGOs the International Cultures Mission and the International Immigrants Foundation i~~J.~9.:ed, amon_9: _<_2_!:he_3::._~eatur~_§.L._th..e sceeni!}g__gJ. __ th~LLi!~.~ •~y~-~<?~§lr Poste Restante" by Steven North. ---- . ' .. ,_..,..,,.,. .... ,._.,_, ___ -:_ .... ,-,. -~ .. -..... ~-

However, much to the surprise of the participants of the Conference and the viewers, the screening: of the ~ilm w9-s __ ~~-~~}-~~d shortly before the show was scheduled to open, b the intervention of the United Nations Secretariat. - -

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Having in mind that the above mentioned film was the winner of 9 major awards, the Permanent Mission of the Federal Republic of Yugoslavia to the United Nations sought an explanation from the competent services of the Secretariat. The Mission was told that t!1:~. _ fJ~l!.1 ,. w~~ __ g9t_ }3_hc::,'.v'Jn . be9.9:_uee_._9j: t .h~ __ q_pj eg_t;;~Q!1: __ by __ th'2. P.~:pl!ane.nt Mission of Croatia to the United Nations. On the other hand, the unTrea•'sta't'es~M.fssion __ to __ the United_ .Nat:i,.ons ,_ which accepted ___ to sponsor __ the ___ event., __ declin~d . to b:= ___ involve~ ___ in -~n¥_ ___ ~ay ___ ,~~-~-h .. the

_conte_?ts_ of _ the __ }J}""m ~_a_,3d __ ,support :i....,ts,. ~c:r-een}ng. ·

His Excellency Dr. Boutros Boutros-Ghali Secretary-General of the United Nations N e w Y o r k

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The P~_;pJlgJ).~nt _ Niss ion .Qf . tl:le._F.eder2..L_R~p.1.1pJ-J.c __ 9_f._¥.:µ_gg_i:iJ ?:Y.t~ to · the United Nations wishes to express its dissatisfaction over the Secretariat's decision to cancel the projection in . the wake of the protest ·ofa.Me-~ei_.--state ·.- Eve·n more so, . sfnce· the film carries a strong anti-war message and its contents can in no w-ay· be· se.en--as offensive . fo . ·ariyoiie _- 'rhe .s~-C2~~ta:i;:i.~ t' s . <;le_c.Js fon·-not ·· oniy-·ae·priv·ed the viewers ·fr.om seeing a renowned work of art, but may also be interpret.,~.9--~~ -~ _ <=:.~~-~_o_rs_hJ_p_ ___ C?_t..__~ ... k_tn.si.

Plea se accept, Your Exce llenc y, the assurances o f my high e s t considerations.

~ '-I , '-1' • ~ ·. Vladislav ·J~novic

Charge d ' affaires a.i.

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r •M ........ -.w~ltYP!ft5ff'W>'ft ·:t e,➔: ten¥rrtren ?W -::btMMSrtttt&•

The Fifth Annual INTERNATIONAL CULTURES CONFERENCE & FILM SHOWCASE

On December 4th, hundreds of leaders will meet again at the UNITED NATIONS to plan a QUIET REVOLUTION

"COMMUNICATING DWERSITY''

The impact of film, the media and the information age on Global Market

Ed~rard Juarez-Pagliocco Chainnan

Dr. Richard Brown & Mr. Gil Rossellini Film Forum Co-Chairmen

Communicating Dfrersity and the Role of Film

Dr. E. S. Savas Economic Development Forum Chairman The Impact of Diversity on Gwbal Business

Mr. Michael Morley Media Forum Chairman

How Should the Media Communicate Diversity ?

An annual program sponsored by the

INTERNATIONAL CULTURES MISSION and the International Immigrants Foundation

UNITED NATIONS Headquarters - Conference Room 4 1st Ave & 45th Street, New York, USA

Monday, December 4th, 1995

NOV-28-1995 22 : 16 FROM (212) 879-8705 TO 9632155 P.01 / 07

,~ POfflllMnt Muslo11 of tu Fe4ual Rq11, lie of

YUGOSLAVIA to tu United Na/ions

IS4, FU'd1 Avc1u,e, New York. N. V. 10021 Tel (l 11} • ffi_,700 Fu (lll) • 879-870!

Fax Telelu No. Telefaks No.

Date : 2 8 / 11/199 ! Pages (Including Cover) Datum: Stranlca (u ovom} :

AdcfrNS: TO ALL PERMANENT MISSIONS TO THE: UN Adrua: - Third Committee experts-

Message:

Q{~

Poruka : EXECUTIVE OFFICE OF THE SECRETARY-GENERAL

Please find enclosed preliminary comments

of the Permanet Mission of the Federal Republic of

Yugoslavia to the tJN regarding draft resolutions

entitled "Situation of human rights in the Republic

of Bosnia and Herzegovina, Republic of Croatia and

the Federal Republic of Yugoslavia" and ''The

situation of human rights in Kosovo".

,

l'lQIJ-28-1995 22: 16 FROM (212) 879-8705 TO 9632155 P.02/ 07

Considering that the Permanent Mission of Albania to the UN is preparing t o introduce in the Third Committee a d raft resolution entitled 11 Situation of human rights in Kosovo", which as is wellknown, is an integral part of Republic of Serbia and the Federal Repubtic of Yugoslavia, the Mission of the Federal Republic of Yugoslavia would like to draw your attention to the following.

It should be recalled that the People's Assembly of the Republic of Albania on 22 October 1991 adopted a decision {see Annex of document A/C .1/50/4) recognizing the so called " Republic of Kosovo" as a sovereign and independent state in flagrant violation of the Charter of the United Nations, the Helsinki Final Act and the Charter of Paris.

We consider that you may find this paper useful in taking a principled stand on t.his Albanian initiative. We leave to your assessment whether Albania is at all suited to i ntroduce any draft resolution on Kosovo and Metohija, an autonomous province in the Federal Republic of Yugoslavia.

f

NOV-28-1995 22: 16 FROM (212) 879-8705 TO

UNITED NATIONS

• General Assembly

Fiftieth session FIRST COMMITTEE Agenda item 81

MAUITENANCE OF INTERNATIONAL SECURITY

9632155

Di s tr. GENERAL

A/C.1/50/4 26 October

ORIGINAL:

Letter dated 23 October 1995 from the Charge d'affaires of the Permanent Mission of the Federal Republic of Yugos lavia to the

United Nations addressed to the Secretary-General

P. 03/ 07

A

1995

ENGLISH

Upon the instructions of my Government, I am writing to you concerning the information submitted by the Government of Albania regarding the agenda item of the General Assembly entitled "Maintenance of international security" . The Government of t he Federal Republic of Yugoslavia has taken note in particular of the statements contained i n paragraphs 21 and 22 of ~ne addendum to the report of the Secretary- General on ehe development of good-neighbourly relations among Balkan States (A/ 50 / 412/Add.l), where it is stated that Aloania "has always implemented and will continue to implement the principles of the Charter of the United Nations " and that its "policy aims at respecting sovereignty, territorial integrity, political independence and not cbanging borders by force".

Wi thout any attempt to dwell upon other parts of the information submitted by Albani a , t he Government of the Federal Republic of Yugoslavia underlines the political s i gnificance of the state.ments contained therein and expects that consequently Albania shall revoke , as a matter of urgency, the decision of the People ' .& Assembl y of the Repul:>lie of Albania of 22 October J.991, enclosed herewith {see annex), on the reeognieion ot the Province of Kosovo and Metohija, an i ntegral part o f the Republic of Serbia and the Federal Republic of Yugoslavi a , as a s overei gn and independent State .

I should be grateful if you would have the present letter and its annex circulated as an official document of the General Assembly Wlder agenda item 81.

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(Signed) Vladislav JOVANOVIC Charg~ d'affaires a.i .

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A/C.1/50/ 4. English Page 2

StateJPent made pg.,~ OctQ12er 1991 bx the People's Msembly o-£ Albania

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~e People's ABseri>ly of the Republic of Albania learned of the result declared by the Central. COllll\ission of the Assembly of Xosova, n.amel.y, the full success of the referendu~ for the approval of tile re'BOlution of this bsembly, through .which the Republic: of Kosova is defined as a sovereign and independent State , on the basis of freedom and complete equality with all other ~oples. The People' s Assembly of t he Rep ublic of Albania consider~ the r eso l ut ion completely right, legitimate and based on fundamental intern.ati onai deffiecratic principles such as those enshrined in the Charter of the united Nations, the Helsinki Final Act and the Charter of Paris. The Peop1e'a ABseU\bly of the Republic of Al.bania has alao noted the decision to create a nQw proviaional government of the Repuhl.ic of Kosova, with I>r. Buja.r Bukuahi as its Chairman.

Through this historic a.ct, the People of Koaova., as the most ancient people and the third as regards number of people living in . their territories in Yugoslavia, and their:: legitimate organ .of State p~r, the Assembly of !Cosova, will go on making their contribution to the solution of the Yugoslav crisis through democratic means .and to the coil$Olidation of the democratic spirit, 6ecurity and stability of the Balkans and Europe.

The People's Assembly of the Republic of Alban~a ~ecognizes the Republic of Kosova as a sovereign and i!ldependent State# on thebasis of freedom and c~lete equality with all other peoples . It also recognizes as legitimate the new provisional government of the Republic of ltosov~ under the direction of Dr. BUjar Bukushi. It. appeals to de1n0cratic international opinion and the ~mber countries of the Conference on security and Cooperation in Europe to recogni~e and observe tbe 1egitimate wi11 of the Al.paxrian people of Koaova. This would be another proof of their sincere eng,g~nt and without prejudice-to a correct resolution of the Yugoslav crisis .

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PRELIMINARY COMMENTS AND AMENDMENTS ON DRAFT RESOLUTION CONCERNING SITU~TION OF HUMAN RIGHTS IN THE REPUBLIC OF BOSNIA AND HERZEGOVINA, THE REPUBLIC OF CROATIA AND THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO}

General Comments

The protection of human rights and humanitarian law can be effective only if universal and if the condemnation of the human rights and humanitarian law violations, are not selective.

Strong condemnation of the Bosnian Serbs and Krajina Serbs for grave human rights violations, which have still not been proven, cannot be regarded a.s · a stronger argument than the condemnation of violation of humanitarian law. This has been documented in the reports of the Secretary-General (A/50/648 od 18 October 1995), ICRC, UNHCR, Special Rapporteur of the Commission on Human Rights -Elizabeth Rehn, a number of member States, international human rights organizations, regional organization and NGO's.

Amendments

Add a new preambular para which should be similar to the preamhular 11 of resolution 1009 adopted on 10 August :

"Condemning in the strongest terms the unacceptable acts by Croatian Government forces against personnel of the United Nations peace-keeping forces, including those which have resulted in the death of a Danish member of those forces and two Czech members and expressing its condolences to the Governments of concerned" .

A new preambular para should be added, similar to the preambular para 4 of the Security Council resolution 1019 adopted on 9 November 1995 :

"Deeply concerned at reports, including UNCRO and United Nations humanitarian agencies, ot serious violations of international humanitarian law and of human rights in the former sect.ors West, North and South, in the Republic of Croatia, including burning of houses, looting of property, and killing of civilians".

In preambular para 4, replace "perpetrated in the areas of Bosnia under the control of Bosnian Serb forces" with "wherever they occur and by whomsoever committed" (The President of the Security Council made the following statement on 18 September 1995: The Security Council reiterates its strong condemnation of all practices of ethnic cleansing wherever they occur and by

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whomsoever committed. It demands their immediate cessation and underlines the need to alleviate the sufferings caused by these acts. The Council urges all Bosnian parties to respect fully the rights of all • ,communities including their right to remain where they are or to return to their homes in safety"),

Preambular para 7 should be deleted

In preambular para 9, it is stated that progress is being made by the Bosnian Federation. If that is so, why is Mostar still a divided city and why have Tudjman and Izetbegovic signed an agreement in Dayton allowing the exchange of refugees and di s placed persons?

Regarding preambular para 14, there are no human rights violations in the Federal Republic of Yugoslavia and no practice of ethnic cleansing, and neither is any member of any community discriminated because of his or her ethnic origin or religious affiliation.

In connection with prearnbular 17, in the resolution 49/196 there is no mentioning of the perpetrators of the destruction of religious buildings (delete reference to the Bosnian Serb and Croatian Serb forces).

Preambular para 18 as well as op para 23. The Federal Republic of Yugoslavia has on numerous occasions reiterated its commitment towards the continuation of cooperation and dialogue with OSCE; it is ready to review all outstanding questions, but only under the condition that all rights of the Federal Republic of Yugoslavia, as a full-fledged member of OSCE, be restored.

Op para 3 is absolutely unacceptable because it puts the primary responsibility on the political and military leadership of the Federal Republic of Yugoslavia although it is well-known that it is not a party to the conflicts in the territories of the former Yugoslav republics of Croatia and Bosnia and Herzegovina. It is irresponsible and hypocritical to say that the commanders of the Serb forces in Bosnia and Herzegovina and Krajina bear the primary responsibility for violations of human rights, particularly in view of scope and brutality of the Croatian offensive against Kraj ina which caused the exodus of over 200,000 Serb refugees. Furthermore, the Moslem-Croat offensive in western Bosnia caused the flight of over 100,000 Ser bian refugees as well as the consequences of the very destructive war between Moslems and Croats themse lves.

Op para 4 - the d i s appearance of 14,000 persons has never been confi rmed by the · reliable sources. ICRC on 17 August 1995 stated that many of the Bosnian menfolks, which lef t Srebrenica, were redrafted into the Bosnian Army when they reached Bosnian he ld territory around Tuzla.

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Op para 5 - the indiscriminate shelling and the use of napalm and cluster bombs were never confirmed.

Op para 7 and 8 - since the draft resolution is entitled "situation of human rights ... " what is the need to mention safe areas and the withdrawal of heavy weapons.

Op para 9 Elizabeth Rehn, the new Special Rapporteur visited Pale and Belgrade on 11 and 13 October 1995 respectively .

Op para l o - besides the Bos n ian Serbs, The Hague Trib~nal ind icted sever al Bosnian Croats, among them a general, T . Blaskic, whom Tudjman , after the indictment, promoted t o the post. of ~~specto~ gener a l c f t he Croa t ian Ar my .

Op para 15 - replace "the Bosnian Serb party" with . "all parties ''.

Add op para l 7 b i s '' Demands :rom the Government of the Republic of Croatia to make available all information about 10,COO Kra jina Serb refugees who remained ~naccounted for (last seen i n the Spacva forest, near Vinkovci ) , following Croatia ' s mil i tary offensive againsc Krajina."

The draft resolution should also include op . para 6 and 7 from t he Secur i ty Council resolution 1019 of 9 Noveffiber 1995

Op para 18 a nd 19 misrepresents the situation in the Federal Republic of Yugoslavia. There are no instances of violations of human rights and all citizens are equal. (In her talks with the representatives of the Government of the Federal Republic of Yugoslavia on 13 October, Che Special Rapporteur noted that the Federal authorities offe~ec their full support for her mandate).

Op para 21 - there are no camps, prisons and other places of detention within the Federal Republic of Yugoslavia and therefore it should be deleted. (During the recent military operatior.s in central and western Bosnia ar.d F.e~zegovina, Bosnian Army stated that it has captured a large nu~~er of men during the military operation but the ICRC has not been give access to them yet).

Op para 22 - delete "and in particular the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro)".

Op para 2 7 - s houl d inc l ude the fol l owing recommendations : - "Demands that the Croatian Army and Bosnia Muslims and Bosnian Croats give an immediate and unimpeded access to UNHCR , ICRC and other internacional agencies to all Bosnian Serbs deta i ned or r eported missing from Glamoc, Grahovo, Drvar, Petrovac , Kl j uc, Sanski Most, Mrkonjic Grad, Jajce, Krupa na Uni and other areas of the territory of the Republic of Srpska now under the Bosn ian Muslim and Croat Control" .

TOTAL P . 07

His Excellency Boutros Boutros-Ghali Secretary General United Nations New York

Dear Mr. Secretary General:

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EXECUTIVE OFFICE OF THE SECRETARY-GENERAL

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I refer to the Agreement on the Military Aspects of the Peace Settlement attached as Annex 1-A to the General Framework Agreement for Peace in Bosnia and Herzegovina. Recognizing the importance of a comprehensive peace settlement to bring an end to the tragic conflict in the region, I have the honor to provide the following undertaking to promote achievement of that objective.

On behalf of the Federal Republic of Yugoslavia, I wish to assure the United Nations that, in order to facilitate accomplishment of the mission of the multinational military Implementation Force ( "IFOR") referred to in Annex 1-A, +: he Federal Republic of Yugoslavia shall strictly refrain from introducing into or otherwise maintaining in Bosnia and Herzegovina any armed f o rces or other personnel with military capability .

Milan Milutinovic Minister of Foreign Affairs Federal Republic of Yugoslavia

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(!, THE SECRETAR'f:G~

Monsieur le Secretaire General,

A la demande de leurs signataires, lors de la Conference de Paris des 13 et 14 decembre 1995, j'ai l'honneur de vous transmettre sous ce pli les courriers qui vous sont adresses par M. GRANIC, Ministre des Affaires etrangeres de la Republique de Croatie et M. MILUTINOVIC, Ministre des Affaires etrangeres de la Republique federative de Yougoslavie concemant l'accord de paix en Bosnie-Herzegovine.

Je vous prie de croire, Monsieur le Secretaire General, a !'assurance de ma tres haute consideration.

Son Excellence

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Monsieur Boutros BOUTROS-GHALI Secretaire General des Nations Unies Bureau S-3800 New York

Alain DEJAMMET

UNITED NATIONS AS

General Assembly Security Council

Distr. GENERAL

A/50/771 S/1995/972 20 November 1995

ORIGINAL: ENGLISH

GENERAL ASSEMBLY Fiftieth sess ion Agenda items 8 and 28 ADOPTION OF THE AGENDA AND

ORGANIZATION OF WORK THE SITUATION IN BOSNIA

AND HERZEGOVINA

SECURITY COUNCIL Fiftieth year

Letter dated 20 November 1995 from the Permanent Representative of the former Yugoslav Republic of Macedonia to the United Nations addressed to the

Secretary-General

I have the honour to transmit the letter dated 20 November 1995 from H.E. Mr. Steve Crvenkovski, Minister for Foreign Affairs of the Republic of Macedonia addressed to you (see annex) .

I should be grateful if you would have the text of the present letter and its annex circulated as an official document of the General Assembly, under agenda items 8 and 28, and of the Security Council.

(Signed) Denko MALESKI Ambassador

Permanent Representative of the Republic of Macedonia to the United Nations

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A/50/771 S/1995/972 English Page 2

ANNEX

Letter dated 20 November 1995 from the Minister for Foreign Affairs of the former Yugoslav Republic of

Macedonia addressed to the Secretary-General

It is with full attention that we follow the peace negotiations and efforts of the international community aimed at finding a peaceful settlement to the crises in the Balkans. I am convinced that while a generally acceptable solution is looked for, the complete situation in the region must be taken into account. However, I consider it necessary to clarify our views about certain issues.

Following the dissolution of the former Socialist Federal Republic of Yugoslavia, all independent States became its equal successor States. None of these States can claim to be the sole successor State. That is provided for in United Nations Security Council resolution 777 (1992), which states specifically that the Federal Republic of Yugoslavia (Serbia and Montenegro) cannot take up automatically the place of the dissolved federation in the United Nations framework. If any digression from resolution 777 (1992) were made and if only one State were given the right to call upon the continuity of the former Socialist Federal Republic of Yugoslavia, new and large problems in the region would occur.

What concerns the Republic of Macedonia most is that following the lifting of the United Nations sanctions, the common foreign currency reserves could remain in possession of the Federal Republic of Yugoslavia (Serbia and Montenegro) if it were considered a sole successor to the former Socialist Federal Republic of Yugoslavia. That would be completely unacceptable for the Republic of Macedonia. Furthermore, we are also gravely concerned with the possibility that the common property abroad could remain in possession cf only one of the successor States.

The finalization of the peace talks among the parties to the peace negotiations must not overshadow this issue of major significance - the issue of common assets. This issue should be kept open pending the general settlement of all aspects of the succession to the former Socialist Federal Republic of Yugoslavia.

I believe, Mr. Secretary-General, that the United Nations will continue to pursue a policy in harmony with the already adopted United Nations Security Council resolutions pertaining to the situation in the region and that it will not make the way for developments that may generate additional serious problems in the region.

(Signed) Steve CRVENKOVSKI Minister ,

UNITED NATIONS


GENERAL ASSEMBLY Fiftieth session Agenda items 8 and 28 ADOPTION OF THE AGENDA AND ORGANIZATION

OF WORK THE SITUATION IN BOSNIA AND HERZEGOVINA

Distr. GENERAL

AS

A/50/764 S/1995/966 17 November 1995

ORIGINAL: ENGLISH


Letter dated 17 November 1995 from the Permanent Representative of Slovenia to the United Nations

addressed to the Secretary-General

I have the honour to transmit the letter dated 15 November 1995 from H.E. Mr. Zoran Thaler, Minister for Foreign Affairs of the Republic of Slovenia addressed to you (see annex).

I should be grateful if you would have the text of the present letter and its annex circulated as an official document of the General Assembly, under agenda items 8 and 28, and of the Security Council.

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(Signed) Dr. Danilo TURK Ambassador

Permanent Representative of Slovenia to the United Nations

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ANNEX

Letter dated 15 November 1995 from the Minister for Foreign Affairs of Slovenia to the Secretary-General

In the light of the latest developments regarding the settlement of the crisis in the Balkans, I should like to draw your attention to some issues regarding the succession of States which we are surprised to hear might be the subject of peace negotiations. Such development may have negative consequences for the interests of States that have not been involved in the war .

The position of the Republic of Slovenia is that succession issues should be resolved independently and separately from the peace process, and in a manner which would guarantee the successor States to the former Socialist Federal Republic of Yugoslavia equal status.

The Federal Republic of Yugoslavia (Serbia and Montenegro) is aggressively striving to gain recognition by the international community as the sole successor State, i.e., the State that would continue the international legitimacy of the former Socialist Federal Republic of Yugoslavia .

In this context, I should like to call your attention to Security Council resolution 777 (1992), which states "that the State formerly known as the Socialist Federal Republic of Yugoslavia has ceased to exist" and "that the Federal Republic of Yugoslavia (Serbia and Montenegro) cannot continue automatically the membership of the former Socialist Federal Republic of Yugoslavia in the United Nations" and "should apply for membership in the United Nations". This has also been the opinion expressed by the Badinter arbitration commission of the International Conference on the Former Yugoslavia .

Slovenia is of the opinion that any departure from the Security Council's resolution and from the principles of equality of the successor States could being about adverse economic and political effects. Giving way to one party regarding the continuity of the former Federation would create the legal basis for increased pressures and demands on the side of the Federal Republic of Yugoslavia (Serbia and Montenegro) towards other successor States. This would cause new problems and frictions and could serve as a source of new conflicts .

The failure to respect one's own resolutions in the search for compromise solutions would be a very bad example and would erode the credibility of the United Nations, the Security Council and the Member States .

Slovenia is deeply concerned that, following the possible lifting of sanctions against the Federal Republic of Yugoslavia (Serbia and Montenegro) , the common foreign exchange reserves and the properties abroad could remain in the final use of the Federal Republic of Yugoslavia (Serbia and Montenegro). That would be unacceptable .

Our concern is justified by the fact that the Federal Republic of Yugoslavia (Serbia and Montenegro) is laying claim to the release of financial assets abroad in order to cover its humanitarian requirements. Along with this

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claim, the Federal Republic of Yugoslavia (Serbia and Montenegro) National Bank, established in 1993, is unlawfully presenting itself as the successor to the former "National Bank of the Socialist Federal Republic of Yugoslavia" and using the full powers of the former Yugoslav National Bank.

Should the sanctions be relaxed, Slovenia could only accept such a relaxation as would not encroach upon property, and particularly not on the financial ·assets of the former Socialist Federal Republic of Yugoslavia, which should remain frozen until the settlement of succession issues within the International Conference on the Former Yugoslavia. Financial sanctions are the most effective measure for the exertion of pressures on Belgrade and should continue to remain in force . Should the sanctions on non-strategic goods be relaxed, the International Federal Republic of Yugoslavia (Serbia and Montenegro) shall perform financial transactions only from and to new bank accounts.

(Signed) Z. THALER Minister for Foreign Affairs of the Republic of Slovenia

UNITED NATIONS

General Assembly Distr. GENERAL

A/C.3/50/8

A

16 November 1995

ORIGINAL: ENGLISH

Fiftieth session THIRD COMMITTEE Agenda item 109

REPORT OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES, QUESTIONS RELATING TO REFUGEES, RETURNEES AND DISPLACED

PERSONS AND HUMANITARIAN QUESTIONS

Letter dated 13 November 1995 from the Charge d'affaires a.i. of the Permanent Mission of Yugoslavia to the United Nations


I am writing to you concerning the statement made by the representative of Croatia in the Third Committee on 9 November 1995, under agenda item 109 (see A/C.3/50/SR.22), in which he portrayed a distorted picture concerning the refugee situation.

The Federal Republic of Yugoslavia rejects as absolutely unfounded the charges contained in the above statement. In the interest of truth, and upon instructions of my Government, I would like to make the following comments.

The Croatian representative claims that by "Operation Storm ... the Republic of Croatia has succeeded in liberating most of its occupied territories" and it brought about "a positive result in allowing for the return of many displaced persons to their homes". This led to an "exodus from Croatia of some 30,000 members of ethnic Serb paramilitaries and 90,000 civilians who accompanied them". This allegation is in direct contravention with the report of the Secretary-General of 18 October 1995 (A/50/648). The report states that "The deliberate attacks launched in May and August with the aim of recovering Sectors West, North and South by force constituted further defiance" of Security Council resolution 981 (1995) and General Assembly resolution 49/43. The report further says that this military operation actually created a crisis, involving the flight of 200,000 ethnic Serbs, 95 per cent of the population of Sectors North and South into Bosnia and Herzegovina and the Federal Republic of Yugoslavia .

The Croatian representative further maintains that his Government supports the return of the Serbs "to their homes of origin", but this needs to be done in

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"safety and dignity" and should be "worked out in appropriate bilateral agreements". However, the Secretary-General, in the said report, states that "United Nations High Commissioner for Human Rights, UNHCR and UNCRO, as well as a number of Member States and independent human rights organizations, have expressed their concerns over the fact that serious violations of human rights have taken place ... ". The Secretary-General further states that these violations as well as some recently adopted executive and legislative measures, appear de facto to restrict the civil, political, economic and social rights of the Croatian Serb population and the refugees' right to return in contravention of international conventions.

In his statement, the Croatian representative underlines that since "the ethnic Serb population has fled, the area is effectively depopulated and no local civil or security structures exist over most of the territory. This has, unfortunately, led to a degree of lawlessness in the area". The SecretaryGeneral refutes this claim, in the said report, by saying that "international observers, in9luding members of the international press, have directly witnessed the presence of Croatian Army and special police units in several instances" of widespread violations of human rights. Human rights action teams established by UNCRO_, conducting on-site investigations, found "evidence of extrajudicial executions, disappearances, ill treatment, harassment and the systematic and widespread destruction of houses and entire villages carried out by members of the Croatian Army and internal security forces in Krajina against the remaining civilian population, mostly elderly men and women".

The Croatian representative claims that lawlessness will be rectified once the "Croatian security forces, including special police forces , no longer need to be engaged in large-scale warfare but can concentrate on internal security". However, the report of the Secretary-General explicitly states that there is no reliable guarantees by the Croatian Government that returnees will enjoy safety and security.

Allegation is also advanced that the Serbian population decided to leave Krajina because they "were manipulated by those in Belgrade who orchestrated the policy of creating a 'Greater Serbia'". By such a statement, the Croatian representative actually sought to mask the true goal of the policy of his Government. The massive exodus of almost the entire Serb population from Krajina and western Slavonia, preceded by the previous exodus of over 3 00,000 Serb population from Croatia outside Krajina, as well as military intervention of the regular units of the Croatian army in Western Bosnia served the purpose of the current leadership of Croatia to create "Greater Croatia", i.e., an ethnically pure State without the Serbs. This is explicitly confirmed by Mr. Tudjman, who at a rally at Knin on 26 August 1995 said, i n ter alia, that from now on "Knin was Croatian and that it will never be as it was before" . He also said that "up to now, Croatian people were not allowed to live alone on their own soil".

Horrendous atrocities committed by the Croatian authorities in western Slavonia, Krajina and Bosnia and Herzegovina, which have resulted in slaughter of thousands of Serbs, burning and looting of their property were condemned by the most prominent international factors.

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A country that resorts to State terror against a people just for being of different national and religious background, contrary to international rights instruments, deserves strong international condemnation.

I should be grateful if you would have the present letter circulated as an off i cial document of the General Assembly under agenda item 109.

(Signed) Vladislav JOVANOVIC Charge d'affaires a.i.

CONFIDENTIAL

Note to Mr. A'

POSSIBLE LEAK OF UNITED NATIONS CODE CABLES

1. As we agreed last night I spoke to Mr. Stoltenberg today and he immediately contacted Lord Owen. Lord Owen said categorically~ither his book nor the CD-ROM attached to it contained the texts of any coded cables or other United Nations confidential documents. He confirmed that the BBC had some United Nations coded cables and had shown them on the screen during the course of a broadcast about his book. But he denied that he had made them available to the BBC and said that he did not know who had.

2. Mr. Stoltenberg confirmed the information I gave you last night, namely that Lord Owen and Mr. Stoltenberg ran a single office at the ICFY in Geneva and that there was a free-flow of information between them, i.e. UN information to Lord Owen and UK/EU information to Mr. Stoltenberg. But both respected the confidentiality of material received from the other.

cc: Mr. Hutter

Ref: notel4. ll

--Marrack Goulding 14 November 1995

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UNITED NATIONS

Security Council

--

Distr. GENERAL

S/1995/944

s

10 November 1995

ORIGINAL : ENGLISH

.. " LETTER DATED 10 NOVEMBER 1995 FROM THE SECRETARY-GENERAL ADDRESSED

TO THE PRESIDENT OF THE SECURITY COUNCIL

I have the honour to transmit the attached report, which was addressed to me on 8 November 1995 by the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia, concerning the operations of the International Conference ' s Mission to the Federal Republic of Yugoslavia (Serbia and Montenegro). This report by the Co-Chairmen contains the certification referred to in Security Council resolution 988 (1995) of 21 April 1995.



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II


Operations of the Mission of the International Conference on the Former Yugoslavia to the Federal Republic of

Yugoslavia (Serbia and Montenegro)

I. INTRODUCTION

1. The present report is submitted pursuant to paragraph 13 of Security Council resolution 988 (1995) of 21 April 1995 and paragraph 2 of Council resolution 1015 (1995) of 15 September 1995. In those resolutions, the Council requested that the Secretary-General submit every 30 days for its review a report from the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia on the border closure measures taken by the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro).

2. It will be recalled that, on 4 August 1994, the following measures were ordered by the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) to come into effect the same day:

(a) "To break off political and economic relations with the 'Republika Srpska'";

(b) "To prohibit the stay of the members of the leadership of the 'Republika Srpska' (Parliament, Presidency and Government) in the territory of the Federal Republic of Yugoslavia";

(c) "As of today the border of the Federal Republic of Yugoslavia is closed for all transport towards the 'Republika Srpska' except food, clothing and medicine".

3. On 19 September, 3 October, 2 November and 5 December 1994 and 5 January, 3 February, 2 March, 31 March, 13 April, 18 May, 25 June, 3 August, 6 September and 11 October 1995, the Secretary-General transmitted to the Security Council reports from the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia on the state of implementation of the abovementioned measures (S/1994/1074; S/1994/1124; S/1994/1246; S/1994/1372; S/1995/6; S/1995/104; S/1995/175; S/1995/255; S/1995/302; S/1995/406; S/1995/510; S/1995/645; S/1995/768 and S/1995/865). The report dated 11 October 1995 contained the following certification from the Co-Chairmen:

"In the light of the foregoing developments, based on the Mission's on-site observation, on the advice of the Mission Coordinator, Mr. T. J. Nieminen, and in the absence of any contrary information from the air, either from the airborne reconnaissance system of the North Atlantic Treaty Organization (NATO) or national technical means, the Co-Chairmen conclude that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) is continuing to meet its commitment to close the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the areas of the Republic of Bosnia and Herzegovina under the control of the Bosnian Serb forces. The Co-Chairmen also conclude that, during the period

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covered by the present report, there have been no commercial transshipments across the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republic of Bosnia and Herzegovina."


II . LEGISLATION/REGULATIONS ON THE BORDER CLOSURE

4. The decision of the Federal Republic of Yugoslavia (Serbia and Montenegro) to break off all economic and political relations with the "Republika Srpska" that was reached at the one hundred eighty-seventh session on 4 August 1994 and amended during the two hundred seventy-fifth session on 13 July 1995, was further amended at the three hundred third session on 17 October 1995. The latest amendment to the said decision stipulated that, in addition to food, clothing and medicine; articles for hygiene and disinfectapts; books, textbooks and other school materials; funeral equipment; and articles for religious services, the following goods may be sent to the "Republika Srpska" as humanitarian aid :

Building materials

Plastic sheeting

Coal and wood burning stoves

Fifty tons of fuel oil (one off).

5. The authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) have provided the Mission with the following list of confiscations conducted along its border with Bosnia and Herzegovina for the month of September 1995:

Petrol 9.5 tons Diesel 9.7 tons Motor oil 1.1 tons Cigarettes 380 kg Construction materials 8.1 tons Wood 96 cubic metres Alcohol 1.6 tons Food 2.8 tons Textiles, clothing, footwear 0.9 tons Motor vehicles 8 Animals 56 Electrical gadgets 42 kg Other goods 8.7 tons

6. There were 147 new offence procedures initiated during the month of September and 92 were finalized . Fines and penalties amounted to 185,600 dinars . In volume terms, the confiscations were down from the previous month but the number of new offence cases and value of penalties continue to be well above the average for the previous 13 reporting periods. Confiscations in the

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Sector Alpha area along the Drina River continue to account for 80 per cent of the total confiscations along the border.


7. As of 6 November 1995, there were 217 international observers on duty in the Mission. The Mission personnel to date have come from the following countries: Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Norway, Portugal, Russian Federation, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland and United States of America. At this time, Canada, Greece, Portugal and Spain are not represented in the Mission.

8. During the reporting period, approximately 4,500 refugees from Bosnia and Herzegovina crossed the border into the Federal Republic of Yugoslavia (Serbia and Montenegro) mainly through the border crossing point at Sremska Raca. The operational situation within the Mission's area of responsibility has remained calm.

9. During the period 12 to 18 October, the Mission conducted a traffic survey at all 17 border crossing points. A similar exercise was conducted last March to determine the actual numbers of vehicles and persons crossing the border daily in both directions. This most recent survey indicates an overall 30 per cent reduction of traffic over the past seven months. Actual average daily figures are as follows:

Persons Buses Lorries/Trucks Cars Tractors

20,444 (-29 per cent) 252 (-28 per cent) 143 (-28.5 per cent)

5,275 (-28 per cent) 443 (-41 per cent)

The three busiest crossing points, accounting for more than half the traffic volume, were again Sremska Raca (Sector Belgrade), Badovinci (Sector Alpha) and Trbusnica (Sector Alpha). The downward trend was reflected at all border crossing points apart from Ljubovija (Sector Alpha), where there was a noticeable increase of all vehicular traffic. A possible explanation for this increase is that after the July fall of the Srebrenica enclave, located some 10 kilometres to the south-west of Ljuboviha, Bosnian Serbs who relocated to the Srebrenica area started to use the Ljubovija border crossing point. Though not related to this traffic survey, the frequency of freight trains passing briefly through the areas of Bosnia and Herzegovina under the control of Bosnian Serb forces diminished by 33 per cent.

IV. FREEDOM OF MOVEMENT AND SECURITY OF PERSONNEL

10. With a few exceptions, the Mission continues to enjoy freedom of movement within the Federal Republic of Yugoslavia {Serbia and Montenegro). On 19 and 27 October, the movements of two Mission mobile patrols were restricted in the vicinity of Uvac {Sector Bravo) when they were denied entry through a Yugoslav

I ...


Army {VJ) checkpoint. On 20 October, the Mission Coordinator and his Chief of Staff were obliged to wait 20 minutes at the same checkpoint before getting permission to pass through it. On 28 October, the Chief of Staff of the Mission called on the Deputy Head of the Yugoslav Army {VJ) Department for Relations with Foreign Attaches and International Organizations and drew his attention to the above-mentioned incidents.

11. On 20 October , an intoxicated local police officer threatened a Mission observer with a pistol at the Krstac border crossing point in Sector Charlie. A police patrol was immediately dispatched from police headquarters in Niksic to the border crossing point, where the intoxicated police officer was arrested. The Chief of the Niksic police station personally expressed his apology to the Mission Head of Sector and stated that it was an exceptional case which should not erode the existing friendly relationship between Mission personnel and the local police in the area .

12. On 21 October, one Mission mobile patrol from Sector Charlie was detained for three hours by members of VJ military at the checkpoint in Kovaci before the observers were released. The local authorities apologized, saying it was a "misunderstanding".

V . COOPERATION OF THE AUTHORITIES OF THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO) WITH THE MISSION

13. Notwithstanding the above-mentioned incidents, cooperation with the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) continues to be generally good. However, despite repeated requests, the Mission has experienced serious delays in receiving the Government's approval for licences to extend the Mission ' s radio communications network.

VI . INFORMATION RECEIVED FROM NATIONAL AND OTHER SOURCES

14 . The -operating principle of the Mission is to base its reporting and evaluations on its own observations and on information that it has verified. The Mission Coordinator maintained a standing request to Governments possessing the technical capacity to provide the Mission with information relevant to its mandate.

15. At the end of September and in early October, the Mission Coordinator, on several occasions, received information from unidentified sources of possible attempts to violate the border .closure. Immediately, the Mission took various steps to detect and prevent transgressions of United Nations resolutions pertaining to the border closure. Th~se putative operations and the preparation of the Mission's monthly report were occurring simultaneously and therefore were not mentioned in the previous report (S/1995/865) . Furthermore, because of the precision of the information received, no details can be provided in the present report for fear of compromising the sources. It is noteworthy that the precision and timeliness of some information have enabled the Mission teams to increase their vigilance and apparently avert possible violations in eight different instances.

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16. At the end of October, the Mission received information of a possible attempt to smuggle goods from the Federal Republic of Yugoslavia (Serbia and Montenegro) into Bosnia and Herzegovina in two tractor-trailers. These vehicles did not appear at the border.


17. Unarmed uniformed personnel continue to cross the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and Bosnia and Herzegovina. During the reporting period, 348 unarmed uniformed personnel crossed the border at Sremska Raca (Sector Belgrade), four at Badovinci (Sector Alpha) and 10 at Trbusnica (Sector Alpha) . On 30 October, a Bosnian Serb policeman in uniform carrying a sidearm was allowed to cross the border into the Federal Republic of Yugoslavia (Serbia and Montenegro) at Brbanj (Sector Charlie). He visited the local coffee-shop and returned into Bosnia and Herzegovina a few minutes later.

18. In response to a request by the Director-General of the Yugoslav Federal Customs Administration, Mihalj Kertes, the Mission Coordinator, on 13 October, approved as humanitarian aid the crossing of four tankers transporting 50 tons of heating oil, 30 tons of diesel and 30 tons of petrol. Mr . Kertes had stated that the consignment was destined for the bakery and hospital at Banja Luka to cope with the deteriorating refugee situation caused by the influx of refugees in the area. On 19 October, Federal Customs Officers at Sremska Raca (Sector Belgrade) allowed a similar consignment of four tankers to cr0ss the border into Bosnia and Herzegovina. This time, Mission headquarters was not consulted and the act was considered a clear violation of the border closure and called for an explanation from the responsible authorities .

19. On 20 and 21 October, the Mission Coordinator raised the matter with Director-General Kertes and his Deputy , Mr. Bran Knezic. They claimed that letting the consignment cross on 19 October was based on a "misunderstanding " between the Mission and the Customs authorities. On 24 October, the Mission Coordinator called on Director-General Kertes. In the course of the discussions, Mr. Kertes explained that an agreement was reached within the Government of the Republic of Serbia to send, on a monthly basis, large quantities of oil products as humanitarian aid to the "Republika Srpska" . In the context of the ongoing peace negotiations, the matter required the immediate attention of the Co-Chairmen. On 27 October, Mr . Stoltenberg brought the matter to the attention of President Milosevic.

20. On 2 November, the Mission Coordinator and his Senior Customs Adviser called on the Deputy Prime Minister of the Federal Republic of Yugoslavia (Serbia and Montenegro), Mr. Nikola Sainovic, at the latter's request and upon instructions of President . Milosevic. Mr. Sainovic explained that there was no intention to breach United Nations regulations nor to circumvent the Mission ' s mandate. He stressed that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) would maintain full and strict adherence to the border clo.sure agreement. Oil products would not be allowed to cross the border as humanitarian aid to the "Republika Srpska".

I . ..

S/199S/944 English Page 7

21 . During October , an increased number of "humanitari~n aid" consignments was denied. For example, in the first two weeks of October there was an average of six refusals per day . The most common cases were Bulgarian sugar, Romanian salt, Italian washing powder and bulk corn, which were found to be trade consignments and not humanitarian aid . Therefore, the Mission teams refused to place seals on the trucks. A list of suspected traders has been established to prevent commercial companies engaged in trading with the "Republika Srpska" from supplying consignments in the future .

22. The increased number of mobile patrols, especially along the River Drina, has enabled the observers to detect the following incidents:

(a) On 10 October , a patrol observed smugglers loading fuel cans on a boat near Mali Zvornik . A VJ military patrol moved into the area and the smugglers managed to escape with eight 100-litre barrels in a 4-metre wooden boat, but left behind three full 100-litre barrels and one so-litre can. On 12 October, in the areas kilometres south-east of Citluk, the same Mission patrol saw smugglers transporting approximately 10 crates of beer across the Drina River into Bosnia and Herzegovina;

(b) On 16 October, another patrol sighted a large boat crossing the Drina River carrying six men and more than so heavily loaded cardboard boxes. A large truck awaited the boat on the Bosnian side. On 18 October, a Sector Alpha mobile patrol observed five smugglers unloading boxes from a large boat onto a large truck on the Bosnian side of the Drina River;

(c) On 23 October, observers sighted a large boat fitted with an outboard motor on the Bosnian side of the Drina River. When the patrol approached to observe the activity , the perpetrators disappeared into the bushes leaving their boat and a large number of beer crates and cardboard boxes.

23. On 3 November , an observer saw a man with an ox-drawn wagon cross into Bosnia and Herzegovina 2 kilometres south of Kotroman (Sector Bajina Basta). The wagon carried four 200-litre drums, contents unknown.

24. On 13 October , a helicopter was observed crossing the border from the Federal Republic of Yugoslavia (Serbia and Montenegro) into Bosnia and Herzegovina in the Nudo area (Sector Charlie). The authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) described it as a CASEVAC flight, stating that the United Nations was not informed because it was an emergency. The Mission has no means of verifying this information provided by the Federal authorities . Duri ng his meeting with the Director-General of Federal Customs on 24 October, the Mission Coordinator underlined the seriousness the United Nations Security Council attaches to any unauthorized helicopter flights crossing the border . On 28 October, one Mi-8 helicopter, originating from the Bosnian side and heading south-east , crossed the border south of the border crossing point at Scepan Polje (Sector Charlie). The Federal authorities have yet to explain the nature of this flight .

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VIII . CERTIFICATION

25. In the light of the foregoing developments, based on the Mission's on-site observation, on the advice of the Miss i on Coordinator, Mr. T. J. Nieminen, and in the absence of any contrary information from the air, either from the airborne reconnaissance system of NATO or national technical means, the Co-Chairmen conclude that the Government of the Federal Republic of Yugoslavi a (Serbia and Montenegro)· is continuing to meet its commitment to close the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the areas of the Republic of Bosriia and Herzegovina under the control of the Bosnian Serb forces. The Co-Chairmen also conclude that, during the period c overed by t he present report, there have been no commercial transshipments across the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republic of Bosnia and Herzegovina .

UNITED NATIONS


A/C.2/50/7

A

8 November 1995

ORIGINAL: ENGLISH

SECOND COMMITTEE Fiftieth session Agenda item 95 (a)

SUSTAINABLE DEVELOPMENT AND INTERNATIONAL ECONOMIC COOPERATION: TRADE AND DEVELOPMENT

Letter dated 2 November 1995 from the Charge d'affaires a.i . of the Permanent Mission of Yugoslavia to the United Nations


I have the honour to transmit, enclosed herewith, information from the Government of the Federal Republic of Yugoslavia on the consequences of the United Nation sanctions for the economic and foreign trade situation of the Federal Republic of Yugoslavia.

I should be grateful if you would have the present letter and its annex circulated as an official document of the General Assembly under agenda item 95 {a) .


95-34499 (E) 141195 161195 I llllll lllll lllll lllll 111111111111111 11111111

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CONSEQUENCES OF THE UNITED NATIONS SANCTIONS FOR THE ECONOMIC AND FOREIGN TRADE SITUATION OF THE FEDERAL

REPUBLIC OF YUGOSLAVIA

The sanctions established by the international community against the Federal Republic of Yugoslavia have caused enormous damage in all spheres of its economic and social life, whose consequences will be felt for a very long time to come even after the sanctions have been lifted. Yugoslavia's economic relations with the outside world, primarily its foreign trade exchange, have borne the br~t of the sanctions, not least because the European Community, traditionally Yugoslavia's largest foreign trade partner, had already introduced negative economic measures against Yugoslavia in November 1991. Security Council resolutions 757 (30 May 1992), 787 (1992) and 820 (1993) established economic sanctions which have been subsequently stiffened and extended. The partial suspension of sanctions in the field of air and sea passenger traffic, cultural exchange and sports by the adoption of Security Council resolution 943 (1994) and extended by Security Council resolutions 970 (1995), 988 (1995) and 1015 (1995) has brought almost no improvement in the economic situation of the Federal Republic of Yugoslavia or, by extension, in other social activities, such as health services, education and protection of children and the elderly, the development of which is in direct correlation with the development of basic economic activities.

Ever since the imposition of the United Nations sanctions on the Federal Republic of Yugoslavia, the social product, as the most important indicator of the overall situation of an economy, has been registering a drastic fall compared with the period before the imposition of sanctions. In 1991 the social product fell by 8.2 per cent compared with 1990 and by 28.2 per cent in 1992, while in 1993 the slide continued to 27.7 per cent. In 1994 Yugoslavia registered a growth of social product of 6.5 per cent compared to 1993, whereas that growth for 1995 is forecast at about 6 per cent. This economic growth has been achieved with no foreign assistance or loans and with many difficulties brought about by the sealing-off of the economy of Yugoslavia. However, bearing in mind the fact that the economic growth in 1994 was achieved in relation to the low starting basis from 1993, its economic importance is relative, especially so if viewed against all years from 1966 until today. The 1994 social product fell to the 1967 level. Primarily because of the unjust sanctions, the social product and industrial production fell by 50.6 per cent in the period 1990-1994, so that Yugoslavia has turned from a developing country with a per capita social product of US$ 2,580 in 1990 into a low-income developing country whose per capita social product has fallen below US$ 1,200.

It is estimated that in normal conditions in the period 1991-1994 at least the 1990 social product of US$ 26.6 billion could have been achieved. With the estimated possible annual growth rates for the coming period, the 1990 social product could be achieved in 2011. The difference between the possible social product amounting to US$ 26.6 billion and the social product in the period 1991-1994, as well as the estimated figure for the period 1995-2011, is the loss on the basis of the unrealized social product.

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The estimated measurable loss on the basis of the unrealized social product, as well as of the unrealized net inflow of invisible transactions with foreign countries, and on the basis of the additional costs of the increased number of unemployed persons and refugees is US$ 147 . 3 billion for the entire 1991-2011 period - US$ 45.1 billion for the period 1991-1994 and US$ 102.2 billion for the period 1995-2011.

The devastating consequences of the economic blockade have been most drastically reflected in hyperinflation, which in January 1994 stood at 313 million per cent. At the end of January 1994, the Government of the Federal Republic of Yugoslavia introduced a programme for the reconstruction of the monetary system and a strategy for economic recovery. The programme has had positive results, reflected primarily in the curbing of inflation, moderate growth of production and social product, reduction of budget deficits at all levels and the stabilization of the dinar. A year and a half has elapsed since the beginning of the implementation of the programme of economic recovery and the situation in the external environment remains unchanged . The Federal Republic of Yugoslavia continues to be shackled by the sanctions, it is still beset by all the problems of a closed country, unable to use financial assets frozen in foreign banks and to apply for foreign loans and assistance to shore up the programme for its monetary recovery. Add to this the fact that Yugoslavia has 1,200,000 pensioners, 760,000 unemployed, about 700,000 seemingly employed and 650,000 refugees, it is only logical that no economic programme can be realized without foreign aid. The unemployment rate in 1990 was 19.7 per cent and subsequently increased to 21.4 per cent in 1991, 22.8 per cent in 1992 and 33.1 per cent in 1993, retaining that level in 1994. In the first seven months of 1995, the unemployment rate was higher by 6.4 per cent than the 1994 average. The percentage of refugees in the total population of Yugoslavia is higher than 6.2 per cent.

The Yugoslav economy is experiencing stagflation and production is falling; in September 1995 inflation stood at 10.2 per cent, which means that it will probably reach the 100 per cent mark for the year.

In addition to the serious negative effects which the sanctions have had in the most sensitive fields, such as health services, social protection and education, it could be said that they have inflicted the greatest damage to Yugoslavia's business transactions with foreign countries. Prior to the imposition of the Security Council sanctions, Yugoslavia had achieved a high level of integration in world economic flows, while because of its open and complex cooperation, it had become dependent in great measure on its economic relations with the outside world. Over 60 per cent of the GNP of the Federal Republic of Yugoslavia was accounted for by its trade exchange with the world or the former republics of the Socialist Federal Republic of Yugoslavia. The dependence was reflected both in foreign trade exchange~/ and in industrial cooperation through a whole series of licensing rights, co-production and joint ventures, scientific and technical cooperation, and service and financial transactions.

The economic blockade brought about the loss of the markets of Yugoslavia's most important trade partners in the European Union and the Organisation for Economic Cooperation and Development, the countries of Central and Eastern

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Europe and the developing countries. The loss of the markets was triggered by the unilateral cancellation of the trade agreement between the Socialist Federal Republic of Yugoslavia and the European Community and its accompanying protocols (financial, trade and textile) with the subsequent exclusion of Yugoslavia from the list of beneficiaries of the generalized system of preferences. This was followed by the unilateral suspension of Yugoslavia's activities in international organizations (United Nations, International Monetary Fund, World Bank, etc.), multilateral (World Trade Organization, General Agreement on Tariffs and Trade, World Intellectual Property Organization, etc.) and bilateral agreements in the field of foreign trade exchange, as well as other forms of economic and financial cooperation. Exclusion from world flows and the export embargo resulted in grave consequences for the functioning and development of export-import oriented sectors, while the import embargo paralysed the work of import-dependent companies in the Federal Republic of Yugoslavia.

In 1990, the last relatively stable year for the Yugoslav economy, the overall worth of Yugoslav exports was US$ 5,712.5 million, while the overall worth of Yugoslav imports was US$ 7,264.1 million. Developed Western countries accounted for 50 per cent, countries of Central and Eastern Europe for 40 per cent and the developing countries for about 10 per cent of Yugoslavia's overall foreign trade exchange. Since June 1992 (more precisely, since November 1991 when the European Union imposed restrictive measures on Yugoslavia), this exceptionally important trade exchange with the world has unfortunately been reduced to a minimum, reflected only in the insignificant import of humanitarian goods (food and medicine).

The economic embargo on the Federal Republic of Yugoslavia has caused a number of chain disruptions throughout the entire economy, reflected primarily in the following:

0 A continual decrease in the productivity and performance of the Yugoslav economy;

0 A large number of import-dependent company closures, which resulted in mass unemployment, due to the import ban on raw and reproduction materials and energy;

0 Import substitution by domestic products, especially the substitution of reproduction materials at a higher cost as a rule, and a rise in the prices of domestic products above those of foreign-made ones;

0 The drastic superannuation of fixed assets due to disinvestment and the ban on new and modern equipment purchases;

0 A remarkable reduction in the import of widely consumed goods, their sale at very high prices on the Yugoslav market and the indirect impact leading to price rises in the same domestic products;

0 Negative effects on agriculture, despite the fact that it has an exclusively humanitarian character and should be exempted from the embargo. The ban on the import of know-how, reproduction material and the achievements of the "green revolution" has brought about a

I . . .

-------------- -----~-~

A/C.2/50/7 English Pages

stagnation in Yugoslav agriculture and sometimes even a full blockage of agricultural works due to the lack of fuel procured from export before the sanctions;

0 The emergence of monopolies due to the foreign economic blockade and the imposition of sanctions, which has resulted in a rise of the prices of monopolized products, frequent shortages of some goods and, by extension, in price rises in a whole range of other goods and services ;

0 An enormous fall in the quality of goods and services caused by the lack of imported quality raw materials and the orientation of producers to cheap products of poor quality primarily because of the drastic impoverishment of the population;

0 A considerable deceleration in the process of modernizing the existing production capacities and technology through the introduction of new patents, due to a lack of incentive and the survival economies practised, as it were, by most research and development institutions, especially in the economic sphere, and a virtual exodus of researchers out of the country, so that a wide gap has been created with respect to competition;

0 A substantial deceleration in the modernization of the economic infrastructure of Yugoslavia, which in some segments has come to a complete standstill;

0 Retardation of the streamlining of the economic system of the country through the full implementation of market instruments, and increased State intervention. The market economy system has been preserved none the less.

In addition to industry, the sanctions have had enormous negative effects on all other economic fields. A great reduction of economic activities in the Federal Republic of Yugoslavia and increased uncertainty and risks have had a negative impact on investments, which has resulted in a decreased share of investments in social product. Gross investments have decreased at higher rates than social product . Gross investments in fixed and working capital in 1993 were 62.1 per cent lower than in 1990.

Although individual tourist trips have not been covered by the sanctions, foreign tourists' visits have plummeted to only 5 per cent of those registered in 1990 , relieving Yugoslavia of considerable hard currency proceeds. This has been brought about primarily by the interruption of traffic with the Federal Republic of Yugoslavia and the impossibility of promoting Yugoslav tourist offers abroad. The Yugoslav tourist industry has been very negatively influenced also by slanderous and mendacious smear campaigns conducted against Yugoslavia by the foreign information media. All of these have led to the cancellation of much of the investment already committed to the Yugoslav tourist industry, a lower quality of service, erosion of infrastructure and the loss of jobs. Yugoslavia's membership in the World Tourism Organization has been suspended, as well as all its bilateral agreements. Yugoslavia has been denied

I .. .


access to tourist information and, by the same token, it has been prevented from competing fairly on the world tou·rist market.

From December 1988 when a new liberal law on foreign investment was adopted in the Socialist Federal Republic of Yugoslavia until the i mposition of the sanctions of the international community, the republics of Serbia and Montenegro were important recipients of foreign direct investment. Foreign persons were enabled to establish their own or mixed companies with Yugoslav partners in Yugoslavia and to freely conclude agreements on joint ventur es. Prior to the introduction of sanctions, foreign investment was rising so that by April 1991 foreign persons had established 347 companies with the overall c apital of DM 142.6 million and 1,153 mixed companies with foreign capital of DM 938 . 3 million and had concluded 228 joint venture agreements with foreign capital of DM 400 million. However, after the introduction of sanctions, most contracts were frozen, while no new investment has been forthcoming since the Federal Republic of Yugoslavia was placed among the high-risk countries and as such considered unsuitable for investment. The economic blockade has deprived Yugoslavia of new technologies, equipment, know-how and experience, which accounted for a considerable part of foreign investment. A great number of joint investments have been stopped, which has caused enormous damage and losses not only to the Yugoslav economy, but to foreign partners as well.

Bearing in mind the said circumstances, the unfair and unjust sanctions have caused unforeseeable consequences for the overall economic relations of the Federal Republic of Yugoslavia with the outside world. Unless the sanctions are lifted and Yugoslavia is included in the flow of international goods and capital soon, the Yugoslav economy and population will suffer irreparable damage . In the long run, the continued implementation of the unfair and un j ust sanct ions against the Federal Republic of Yugoslavia is a threat to the stable development of the Balkans and Europe as a whole. Because of enormous losses in the region of south-east Europe and beyond, many representatives of the affected countries have requested that the sanctions on the Federal Republic of Yugoslavia be lifted. That sanctions on Yugoslavia must be lifted in full and for good, besides the fact that there is no reason whatsoever for their continuation, is borne out also by the economic logic of the interdependence of national economies, as well as by the ongoing integrative processes in Europe, the aim of which is the building of a stable prospective, competitive and secure Europe .

~/ For 100 final production units in the Federal Republic of Yugoslavia it is necessary to spend 42.8 input units from domestic production, 10.3 from foreign imports and 12.1 from production originating in the republics of the former socielist Federal Republic of Yugoslavia . In the production or reproduction consumption of some production sectors, procurement from other republics accounted for 44 . 7 per cent in metallurgy, 30 . 8 per cent in transport vehicle production and shipbuilding, 32.8 per cent in the electrical industry and 31.5 per cent in the paper industry . The data indicating the linkage between .production and import in the Federal Republic of Yugoslavia are even

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more dramatic : ferrous and non- ferrous metallurgy , machine and electrical industries and chemical, f ood and leather industries exported more than

40 per cent of production .

UNITED NATIONS

Security Council

~ s Distr. GENERAL

S/1995/929 7 November 1995

ORIGINAL : ENGLISH

LETTER DATED 6 NOVEMBER 1995 FROM THE CHARGE D'AFFAIRES A . I. OF THE PERMANENT MISSION OF YUGOSLAVIA TO THE .UNITED NATIONS


Upon the instructions of my Government, I have the honour to i nform you of the steps taken in order to establish the whereabouts of Mr . David Rhode, journalist of t he Christian Science Monitor .

On 4 Nove mber 1 995, in Day ton , Ohio , in the presence of Mr . Ri chard Holbrooke, Unit e d States Assistant Secretary of State, and Mr . John Menz ies , United St ates Ambassador in Sarajevo, Dr. Nikola Koljevic, Vice-President of the Republic of Srpska, info rmed the Rh ode famil y tha t Mr. Rhode had been sentenced to two weeks in prison because of illegal borde r crossing in the territory of the Republic of Srpska and the possession of fals e documents. At the same time, Dr. Koljevic indicated that the President of the Republic of Srpska, Dr. Radovan Karadzic, taking into account the request of the United States authorities and as a sign of goodwill during the peace negotiations, would immediately pardon Mr. Rhode.

On the same day, Mr. Rhode was allowed to speak with his family on the phone. He told his family and Dr. Koljevic that he had not been harassed in any ~ay and that he had received visits from representatives of the International Committee of the Red Cross (ICRC) and the United Nations Protection Force (UNPROFOR) .

I should be grateful if you would have the present letter circulated as a document of the Security Council.

95-34177 (E) 071195 0 8 11 9 5 11111111111111111 IIIII IIIII IIIII IIIII IIII 1111

(Signed) Vladi slav JOVANOVIC Charge d'affai res a . i.

UNITED NATIONS

General Assembly

Fiftieth session SECOND COMMITTEE Agenda item 96

Distr. GENERAL

A/C.2/50/6

A

3 November 1995

ORIGINAL: ENGLISH

ENVIRONMENT AND SUSTAINABLE DEVELOPMENT

Letter dated 31 October 1995 from the Charge d'affaires a.i. of the Permanent Mission of Yugoslavia to the United Nations


I have the honour to transmit, in the annex below, information from the Government of the Federal Republic of Yugoslavia on the effects of sanctions on the environment in the Federal Republic.

I should be grateful if you would have the present letter and its annex circulated as an official document of the General Assembly under agenda item 96.

95-33607 (E) 061195 081195 I llllll lllll lllll 111111111111111 111111111 1111

(Signed) Vladislav JOVANOVIC Ambassador

Charge d'affaires a.i.

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THE EFFECT OF SANCTIONS ON THE ENVIRONMENT IN THE FEDERAL REPUBLIC OF YUGOSLAVIA

More than three years have passed since the time when, without any legal and factual basis, sanctions of the United Nations Security Council were imposed against the Federal Republic of Yugoslavia. In the situation when the levels of earnings and the standard of living are very low, when even the basic needs for food, accommodation and clothing are difficult to meet, it is more and more difficult for the citizens of the Federal Republic of Yugoslavia to devote attention to environmental quality and protection.

The levels of air, water and soil pollution have increased. The use of natural resources has intensified, even of those under a special protection regime. There is a growing risk of jeopardizing natural and cultural goods, and the willingness and capability of society to invest in environmental protection and improvement have diminished.

Due to the reduced budgetary inflow, there is danger that the environmental quality control and monitoring system and the environmental protection system at large might collapse.

In the longer run, environmental consequences might get even worse, considering that the country, lagging behind in economic, scientific and technological terms, will require a much longer time to adjust to the norms and standards which the modern world has already adopted or opted for.

There is danger that, due to scientific/technological backwardness, the Federal Republic may experience a period of "ecologic blockade" after the sanctions are lifted, because its economy will not be ready to meet the demands of the markets of developed countries who are the Republic's ma.in trade partners.

Since the Republic has been prevented from trading with the world and from procuring energy sources in particular, its economic enterprises and citizens are compelled to use their own energy sources which, because of their polluted contents, increasingly deteriorate the overall quality of the environment. For the purposes of meeting energy requirements, the use of wood has risen, resulting in an increasing level of forest degradation and disturbed biological balance in vast areas. Intensified erosion has affected all types of hydro-reservoirs and caused a long-term change in the hydrological regime, including the international flow of the Danube river in the area of the Iron Gates reservoir.

Since manufacturing industrial facilities have worn out and the possibilities of their overhaul have been reduced, the emission of pollutants into the environment has increased. The impossibility of importing spare parts has caused a growing risk of damage. The use of low quality fuels and worn-out vehicles in transport contribute to pollution.

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Agriculture uses plant protection agents of poor quality, posing a danger of long-term soil degradation and production of food deficient in biological and chemical safety. Due to the deteriorated standard of living, products which frequently fall short of the basic quality standards are used in almost all areas of human life.

An adequate substitution of imported raw materials and intermediaries is not always possible due to technological constraints and inadequate quality of domestic raw materials and intermediaries. This often increases environmental pollution, the consequences of which can exceed the local level. The reduced control of transboundary movements of hazardous wastes through Yugoslavia increases the risk of damages and incidents. Illicit trade in hazardous and other wastes is also on the rise.

The break-off of international cooperation is yet another impact of the sanctions. It has been made impossible for the Federal Republic of Yugoslavia to implement some 50 ratified international conventions relating to the environment. It is especially paradoxical to render impossible the implementation of conventions protecting the environment from transboundary pollutants or conventions of a global nature. The participation of Yugoslav representatives at international gatherings is being contested, and some organizations are even questioning the membership of our country, which is a signatory of international conventions and agreements.

The regional and bilateral cooperation relating to environmental protection has been discontinued, and it is hard to believe that it would be possible to restore it in a short period of time.

Due to the sanctions, international financial support for environmental protection projects has been denied, which will .have lasting consequences in terms of development and in terms of improvement of environmental quality. The exclusion of Yugoslavia from international programmes, as well as from cooperation with financial institutions, has already affected environmental protection and improvement in our country.

Scientific and technical cooperation has stopped. Study visits and participation in workshops, as well as the use of information databases within many international and regional organizations, have stopped almost completely. The isolation of the Federal Republic has imposed an almost complete information blockade and interrupted almost all types of communications with international organizations and institutions engaged in environmental protection.

The adverse effect on the overall development of the country has endangered the abundant natural and cultural heritage, including the heritage that has been included in UNESCO's World's Heritage List.

Cooperation in the protection of the Adriatic Sea and water basins has been discontinued, even though these resources are not of interest to the Federal Republic alone but concern neighbourly cooperation and broader regional cooperation as well.

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A/C.2 / 50 / 6 English Page 4

The consequences ensuing from broken relations with the former Yugoslav republics have created a particular problem . There is growing danger of transboundary effects of air and water pollution and especially of th~ Sava River pollution, and there is likewise a possibility of harmful effects of damages in high-risk plants and facilities . The possibility of endanger ing the environment as a consequence of war operations on the borders of our c oun try and the risk of abuse and destruction of the environment for war purposes pose a great threat.

In view of the above and bearing in mind its consistently peaceful policy, the Federal Republic of Yugoslavia believes that conditions have been met for the normalization of international relations relating to the environment, the more so considering that, formally, sanctions were not even imposed in the area of the environment and should not affect it at all.

UNITED NATIONS AS


Distr. GENERAL

A/50/720 S/1995/921 3 November 1995

ORIGINAL : ENGLISH

GENERAL ASSEMBLY Fiftieth session Agenda item 81 MAINTENANCE OF INTERNATIONAL SECURITY


Letter dated 3 November 1995 from th ~arge d'affaires a . i . of the Permanent Mission of Yugoslavia tto the United Nations

addressed to th'e Secret ry-General

I have the honour to transmit herewith the letter of His Excellency Dr. Radoje Kontic, Prime Minister of the Federal Republic of Yugoslavia, addressed to you (see annex) .

I should be grateful if you would have the present letter and its annex circulated as an official document of the General Assembly, under agenda item 81, and of the Security Council.


95-33719 (E) 031195 061195

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A/50/720 S/1995/921 English Page 2

ANNEX

Letter dated 1 November 1995 from the Prime Minister of Yugoslavia addressed to the Secretary-General

The United Nations Security Council, in its resolution 981 (1995) of 31 March 1995, established the United Nations Confidence Restoration Operation in Croatia, known as UNCRO, and decided to extend the mandate of the United Nations peace - keeping forces for an additional period until 30 November 1995, recognizing that conditions for the termination of the peace-keeping operation had not been created, i.e., that the reasons whereupon the UNCRO mandate had been established still prevailed .

However, in the period following the adoption of the said resolution, Croatia committed the aggression on Western Slavonia, and then on the sectors under the protection of the United Nations, known as Sectors South and North, whereby, contrary to all relevant Security Council resolutions, it directly jeopardized the activities of the peace-keeping forces in the field and brought into question further implementation of the United Nations mandate of this operation. The international community and the Security Council, satisfied only with lukewarm and above all verbal reactions, undertaking no concrete measures against Croatia, de facto accepted the newly created situation on the ground , i.e., the occupation of the areas under the United Nations protection and the expulsion of almost the entire Serbian population (about 250,000 people) from the territories in which they had lived for centuries .

The Croatian aggression resulted in major and forcible demographic displacement in the areas under the protection of the United Nations forces , i.e., in mass resettlement and exodus of the Serbian population, violation of human rights, burning and destruction of their property including the Orthodox places of worship and Serbian cultural and historical monuments. Faced with these problems, the United Nations Security Council, in its resolution 1009 (1995) of 10 August 1995, demanded that Croatia respect fully the rights of the local Serbian population, allow access to this population by international humanitarian organizations and create conditions conducive to the return of those persons who had left their homes. Unfortunately, Croatia continues to pursue its aggressive policy of force against the remaining Serbian population disregarding the requests of the United Nations Security Council and the warnings of leading international factors .

Furthermore, irrespective of the ongoing negotiations on the future of the Srem and Baranja area, Croatia continues its threats with war option, i . e., that it will take measures for the forcible integration of this area unless the negotiations are not concluded by the date of the expiration of the UNCRO mandate. Such behaviour of Croatia is no novelty. In the past, before any extension of mandate of the peace-keeping forces, Croatia regularly made various requests and conditioned its consent for the extension of the operation by their fulfilment. It is clear that continuous Croatian threats, sabre rattling and persistent military provocations, as well as the deployment of great number of Croatian troops in the contiguous territories of Srem and Baranja, are not a way

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A/ 50/720 S / 1995/921 English Page 3

to overcome major outstanding problems in a satisfactory manner, i.e., by peaceful means and through political negotiations.

In view of the above and the events that have taken place since the adoption of Security Council resolution 981 (1995), the Government of the Federal Republic of Yugoslavia considers that it is imperative that the mandate of the UNCRO mission be extended . Thereby, the conditions would be created for the full implementation of the mission taken by the United Nations, concerning above all the protection of the Serbian civilian population in the areas under the UNCRO mandate. The presence of the United Nations forces would ensure that the process of ethnic cleansing and forcible expulsion of the remaining Serbs from the territories where they live be halted, and thereby the conditions would be created for the return of the refugees, who have left the territories of the Republic of Serbian Krajina, to their homes.

If the UNCRO mandate is not extended this could also have a direct and adverse effect on the peace negotiations, with a threat of new conflicts and the escalation of war operations to other territories of the former Yugoslavia and beyond .

Convinced that the problems created in the territory of the former Yugoslavia could be solved only by peaceful means and through negotiations on the basis of equality and respect for the interests of all sides, the Federal Republic of Yugoslavia considers that it is imperative to extend the mandate of UNCRO until a comprehensive political solution is reached, i.e., until all conditions for the implementation of the agreements concluded between the interested parties are being created . I wish to assure Your Excellency that the Government of the Federal Republic of Yugoslavia will, as in the past, continue to render its full and constructive contribution to this end.

(Signed ) Radoje KONTIC

UNITED NATIONS


S/1995/916

s

2 November 1995

ORIGINAL : ENGLISH

LETTER DATED 2 NOVEMBER 199§.-RROM THE CHARGE D'AFFAIRES A.I. OF THE PERMANENT MISSION OF YUGOSLAVIA TO THE UNITED NATIONS

ADDRESSED TO THE PRESIDENT -OF THE SECURITY COUNCIL

I have the honour to transmit herewith the statement of the Government of the Federal Republic of Yugoslavia of 1 November 1995 (see annex).

I should be grateful if you would have the present letter and its annex circulated as a document of the Security Council.

95-33484 (E) 021195 031195

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I ...


Statement by the Government of the Federal Republic of Yugoslavia issued on 1 November 1995

The claims that the Yugoslav Army had either directly or indirectly taken part in the ·operations for the liberation of the Muslim military stronghold of Srebrenica in July 1995 are completely unfounded.

Such falsehoods, as well as untrue allegations on the existence of prison camps for the Muslims in the territory of the Federal Republic of Yugoslavia, are part of well-known campaigns always launched at crucial moments when peace

• in the war-torn regions of the previous Yugoslavia is about to be reached.

On this occasion, it is obvious that what is at stake is an attempt to exert pressure on the Serb side during the peace process and negotiations in Dayton since not a single member of the Yugoslav Army participated in the battles around Srebrenica and there are no camps for Muslim prisoners in the territory of the Federal Republic of Yugoslavia.

Yugoslavia urges and supports the investigation of war crimes and the punishment of their perpetrators wherever they may be and regardless of which side they belong to. The latest campaign by some Western media which accuses only the Serbs without any proof does not contribute to this goal, whose aim is a propaganda war which is hardly a necessary element for conducting peace talks in Dayton. Lacking an opportunity to orchestrate a third Merkale (Sarajevo market) incident, the forces that obviously do not seek peace, are spreading this disinformation in order to divert the attention of the world public from Yugoslavia's constructive and peaceful policy, thus diminishing the prospects of a positive outcome of the negotiations.

The Federal Republic of Yugoslavia once again wishes to draw the attention of the international public to the drama of the remaining Serbs in the Republic of Serb Krajina who for months daily pay with their lives just because they are Serbs. It is expected of the international community to respond to the biggest ethnic cleansing carried out so far in the territory of the former Yugoslavia, following Croatia's brutal aggression against the Serb Krajina and after joint Muslim-Croat attacks on traditionally Serb ethnic territories in western and north-western Bosnia, even after a cease-fire agreement was announced.

Witness accounts and evidence of this ongoing tragedy can in no way be compared to the untrue claims by certain intelligence and propaganda centres which seek the continuation of the war.

UNITED NATIONS


A/ C.2 / 50 /5

A

2 November 1995

ORIGINAL : ENGLISH

Fiftieth session SECOND COMMITTEE Agenda i tem 94 (c)

MACROECONOMI C POLICY QUESTIONS: EXTERNAL DEBT CRISIS AND DEVELOPMENT

Letter dated 27 October 1995 from the Charge d'affaires a.i. of the Nations

I have the honour to transmit herewith, the position of the Federal Republic of Yugoslavia on the external debt crisis and development.

I should be grateful if you would have the present letter and its annex circulated as an official document of the General Assembly under agenda item 94, "Macroeconomic policy questions: e x ternal debt crisis and development" .

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ANNEX

The external debt crisis and development: position of Yugoslavia

The external debt crisis of the developing countries, which emerged at the beginning of 1980, was thrown into even sharper relief at the beginning of 1990, so that about 60 debtor countries are over 20 per cent in arrears of the payment of the outstanding debt: one half of them is over 50 per cent and one fourth over 90 per cent.

Compared with the situation of the debtor countries, the situation of the Federal Republic of Yugoslavia is even more complex and difficult due to United Nations sanctions, armed secession of some Republics from the former Socialist Federal Republic of Yugoslavia and the combat operations in its immediate vicinity. In addition, foreign markets have been lost, the domestic market has contracted, capital and other foreign financial transactions have been interrupted, the economy has been decapitalized and the country is devoid of resources for simple production, let alone for development investment. This has brought about a drastic fall in social product and enormous damages (direct damage in the period 1991 / 95 amounts to about US$ 50 billion, but with the development lost, the overall damage to the economy is in the region of almost US$ 150 billion) .

The difficult material situation of the Federal Republic of Yugoslavia is not relieved at all by Yugoslavia's debt to foreign creditors, which amounts to over US$ $9 billion. The said amount is in fact Yugoslav commitments to international financial organizations, creditor Governments and commercial banks. Moreover, foreign commitments of Yugoslav banks amount to about US$ 4 billion, so that the overall Yugoslav external debt, not including the i nterest, is in the range of US$ 13 billion .

The 1994 social product of the Federal Republic of Yugoslavia amounted to US$ 12 . 6 billion, which is less than its external debt. This ranks Yugoslavia among the most heavily indebted countries of the world.

Bearing in mind the aforementioned data, it is very obvious that the customary conditions of external debt regulation, that is, of re-emergence on the international capital market, cannot be applied to the Federal Republic of Yugoslavia .

Preliminary assessments indicate that, following the lifting of sanctions, the Federal Republic of Yugoslavia needs a "breather" of a number of years in which arrangements would be made with all creditor groups so as to ensure a positive net inflow of capital in the first few years after the sanctions have been lifted. This would provide for the restoration of sustainable and non-inflationary growth of social product so that Yugoslavia would be able to resume, after a number of years, regular servicing of its external debt and to take new loans under standard conditions, which is in the interest of both Yugoslavia and its creditors.

I . ..


In order to achieve this, it is necessary that, in addition to the lifting of sanctions , the Federal Republic of Yugoslavia be ensured of the following:

Longer grace and repayment peri ods;

A higher percentage of official bilateral and commercial debt writeoff than currently granted;

Interest under concessional terms, reprogramme and write-off of part of the interest accrued on debts from private and public bilateral sources (creditor Governments);

Possibilities for concluding such innovative arrangements, primarily wi th the International Monetary Fund and the World Bank, as would ensure, in the first several years after the lifting of sanctions, a positive net inflow of capital to Yugoslavia.

It is necessary to ensure these conditions in order to enable the Federal Republic of Yugoslavia to allev iate the devastating consequences of the sanctions and reintegrate itself into the international economic community, that is , to restore interrupted econbmic relations with its traditional foreign partners .

The key role in the realization of this conception of the consolidation of the external debt of the Federal Republic of Yugoslavia should be played by the International Monetary Fund in cooperation with the World Bank, so that it is necessary for these reasons to reactivate as soon as possible Yugoslavia's membership in these institutions and resume cooperation with them right after the lifting of sanctions. The above-mentioned international financial organizations should display maximum flexibility and readiness to resume an early dialogue in order to work out a joint strategy to achieve the stated goals .

UNITED NATIONS

• Security Council Distr. GENERAL

S/1995/909

s

31 October 1995

ORIGINAL: ENGLISH

LETTER DATED 31 OCTOBER 1995 FROM THE CHARGE D'AFFAIRES A.I . OF THE PERMANENT MISSION OE\YUGOSLAVIA TO THE UNITED NATIONS

ADDRESSED TO THE PRESIDENT 0~ THE SECURITY COUNCIL

I have the honour to transmit herewith the article published in The New York Times on 29 October 1995 and a transcript from British Television Channel 4, testifying to the violations of the Security Council arms embargo against the former Yugoslavia by the Bosnian Muslims and Republic of Croatia respectively.

I should be grateful if you would have the present letter and its annexes circulated as a document of the Security Council.

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I • ••


Annex I

U.S. Cooling Ties to Croatia After Winking at Its Buildup ,

By ROGER COHEN

ZAGREB, Croatia, Oct. 26 - On March 24, 1994, Gojko Susak, the Croatian Defense Minister, wrote to the Pentagon appealing for assistance. "Our goal," he wrote, was the peaceful transition of the Croatian military "to one which follows the model of the UnlteJ States."

The Croatian Army sorely needed help. Hammered by the Serbs In 1991, battered by the Muslim-led Bosnian Army in 1993, its brief hlsto-

. ry was one of failure. But the United Nations arms embargo imposed In 1991 on the former Y1.1zoi Javla made direct military asslstan~el Illegal.

Mr. Susak's request was· referred to a company called Military Pmfesslonal Resources Inc., based In Alexandria, Va., and run by a group oi retired American officers. "This," said Ed Soyster, a retired lieutenantgeneral and one the company's vicepresidents, "Is the greatest corporate assemblage of mllltary expertise In the world."

Just what has been done with that American expertise, and whether any lnfrlngemeqt of the arms embargo may be Involved, Is not entirely clear. The American generals say

they have aone no more than teach leadership skills and advise the Croats on the role of an army .

Nonetheless, the Croatian Army, which has also made large clandestine purchases of heavy weapons, mainly in eastern Europe, was quickly transformed into the most effective proven fighting force In the region .. And the role of the retired American generals In that transformation has become one element in the increasingly troubled web of relations between the United States

. J .nd Croatia. · "Croatia became our de facto strategic ally," said a State Depart•

1

I • ••


U.S. Is Now Cooling Its Ties to Croatia, Continued From Page 1

ment official with intimate knowledge of the workings of the Zagreb embassy. "Arms flowed into Croatia despite the embargo, and this was not an issue. It was never raised. Not once. Now, we're starting to wonder: What have we unleashed in Croatia, and where it is going?"

Several factors have contributed to this new uneasiness about a country that has served until now as the Clinton Administration's pivotal Balkan ally In the search for a balance of power that could open the way to· a peace settlement.

·To this end, senior officials said, massive Croatian arms Imports, In fl88rant defiance of the embargo, have been systematically Ignored while some of America's top retired generals have been allowed to advise the Croatian Army on modernizing . .

Now, however, Croatian humanrights abuses during and since the recapture of the Serbian-held Kra-

. jlna region In August are troubling the Administration. Apprehension has been growing over Croatian territorial ambitions in Bosnia and over persistent Croatian. threats to retake Serbian-held eastern Slavonia.

More generally, an uneasy sense · Iias taken hold among senior officials that America may have allowed itself to get too cozy with a Government whose rhetoric is often laced with thinly veiled racism toward Bosnia's Muslims.

"There are many marriages of convenience in the Balkans, and our relationship with Croatia has been one of them," said a senior Pentagon official. "Let's face it, you can't get to Bosnia without going through Croatia You need their ports, you need their lines of rnmmunication. But right now we're not happy. We see the whole set-up there as overly militaristic."

These concerns have been forcefully conveyed to the Croatian President, Franjo Tudjman, over the last 10 days by the chief American envoy to the Balkans, Richard C. Holbrooke, and by President Clinton himself. Senior officials said the President has raised the threat of economic sanctions against Croatia in the event of an attack on oil-rich eastern Slavonla.

"Let's just say our relationship has entered a cooling-Off period," said one senior American diplomat.

But troubling questions remain as the United States tries to recast its relationship with Croatia, especially as the possibility increases that

A Croatian Army artillery unit bombarded Bosnian Serb pos1tions multipronged attack began in August to recapture the Krajina region of <

Consultants build a professional fighting force.

more than,20,000 American peacekeepers will be sent to the region.

They center on whether American advice or intelligence was provided for the campaign in Krajina that resulted in atrocities and the uproot• ing of more than 170,000 Serbs, how far a tacit alliance with Croatia has gone, and whether an American-led NA TO mission to police any settle• ment is compatible with such close ties to Croatia.

Allowing Croatia to arm itself - it spent an estimated $1 billion on arms in the last year - has been one pillar of America's Balkan policy. The arms, including tanks and Ml-24 armored assault helicopters, were ac• quired mainly in eastern Europe, Croatian officials said.

Croatia became the chief conduit for weapons to the Muslim-led Bosni• an Army, but only after taking its cut, about 30 percent of all shipments, Western officials said.

The buildup has been complement ·

ed by the efforts of Military Profes• sional Resources Inc., which has been active in Croatia this year.

The company occupies one floor of a small, modern building in Alexandria. Conference rooms have names like "the infantry room," where Mr. Soyster greets guests, "the cavalry room," and "the artillery room." A plaque on one wall says : " War is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and patriotic feeling which thinks that nothing is worth war is much worse."

In order to get a license from the State Department, the company had to undertake not to provide direct military planning or advice on strat• egy to the Croatian Army : This would violate the arms embargo.

Activities were to be limited to courses on leadership, the training of non-commissioned officers, the place of an army in an emergent democracy, and other subjects unrelated to the obsession of the Croatian Army: the fact that, when the miss10n began, about 30 percent of Croatia was occupied by Serbs.

"It was kind of frustrating, " Mr . Soyster said. " No military plans. No strategy. Those were our constraints."

For this mission, the company de-

I . ..


After Having Winked at the Buildup

Associated Press

just days before the successful Croatia from the Serbs.

ployed some extremely highpowered people, including Gen. Carl E. Vuono, who from 1987 to 1992 was the Army chief of staff, and Gen. Crosbie E. Saint, who from 1988 until 1992 was the commander of the United States Army in Europe.

Some idea of the importance accorded the mission by the Croats can be seen in their attendance at a " leadership skills" course. Every Croatian Government minister turned up, and Mr. Soyster said President Tudjmau also appeared .

The force behind the American presence was clearly the Defense Minister, Mr. Susak, a brisk and ruthless man obsessed with remaking the Croatian Army in order to fight the Serbs. He became so confident about the arms buildup that he would joke about it with American officials, a State Department official said. The minister did not respond to a request for an interview.

Gen. Anton Tus, chief military adviser to Mr. Tudjman, said : " We are very satisfied by what the American generals have done for our top-level commanders and some lower levels. General Vuono has been helping us get closer to the standards of NATO. However, it is wrong to believe that he or other American officers have given any specific, operative mili-

tary instructions for our campaigns."

But the nature of the attack on the Krajina, dubbed "Uluja" or "Storm," has led many Western military analysts to believe that American planning and advice played a role.

The lightning five-pronged offensive, integrating air power, artillery and rapid infantry movement~. and relying on speed and intense maneuvers to unhinge Serbian command and control networks, bore many hallmarks of American army doctrine.

An American officer working for United Nations forces called the attack a textbook campaign. He said, "It was carried out on an unsophisticated level, but for me the evidence of American instruction was unmistakable. You don 't just stumble on what the Croats have achieved."

Mr. Soyster, who declined to disclose the value of the multi-year contract with the Croatian Government, denied that there had been infringement of the arms embargo. "The guys who run this company ran the American Army, and we are not going to do anything that is against United States policy" he said.

However, a Croatian liaison officer who handled contacts between the two generals and the Croatian army told Roman Majetic, a widely respected journalist in Croatia, that in the five days before the offensive at least 10 meetings were held between General Vuono and senior officers involved in the Krajina campaign. This account could not be independently confirmed.

"According to this officer, there were a series of computer simulations," Mr. Majetic said. "These were not instructions but scenarios. It was pitched at the theoretical level, but it turned out to be true. What General Vuono and General Saint• hypothesized was more or less what happened in reality during the Krajina offensive."

General Tus said: "It may be people came to that conclusion because of speed and strategy. I am not saying that these meetings did not take place. I'm just saying that I'm not aware of it. It is true that General Vuono was in the country at that time."

Mr. Soyster confirmed that General Vuono and General Saint were in Zagreb in the days leading up to the Krajina offensive, and they met with Mr. Susak and with the chief of the general staff of the Croatian Army. "But there was absolutely no wargaming," he added. "We were not

even aware the attack was about to happen."

But it is clear that the officer class of the Croatian Army, particularly at the non-commissioned level, has. gone through a radical transformation guided by retired American officers and that this has helped create the most potent military force in the area. Only four percent of Croatia Is now in Serbian hands, and the Croatian Army has taken more than 20· percent of Bosnia.

Having helped in various ways to create this force, the United States Is now concerned that it be contained. In the past there have been differ~ ences with the Ambassador here asking for a stronger warning against" attacking the Krajina than the White House chose to deliver. But now the burning of 70 percent of the Serbian homes in the southern Krajina, the executions of dozens of aged Serbs, and the eviction of thousands more

A de facto ally is now a source of American concern.

have made the Administration as a whole uneasy.

"You'd have to say we gave the green light for the Krajina offensive because our admonitions were at best half-hearted," said Charles Thomas, who retired recently after working on Muslim-Croat federation affairs for the State Department. "But now we're worried by the Croatian military ascendancy. The balance between Muslims and Croats is too weighted to the Croats. It's skewed."

Mr. Soyster said the atrocities during the Krajina offensive were "a major area of concern." But he added that the courses were continuing.

The next target would clearly be eastern Slavonia. Last week Mr. Tudjman said the army would invade if the region were not returned by the end of November.

The Clinton Administration, switching signals, has told the Croats that it is determined to stop any attack. But the American United Nations officer said: " With the money they have spent, and the training they have received, the Croatian Army is one that's going places. It is definitely not an army on the verge of demobilization."

I . ••

Annex II

BOSNIAN MUSLIMS CONTINUE TO ARM THEMSELVES, SAYS BRITISH TV

S/1995/909 English Pages

Bosnian Muslims are still secretly arming themselves, despite a United Nations arms ban and the peace process, and with the knowledge and help of the United Nations and the U.S., a British independent television channel said on Friday. A British Channel 4 reporter said he had seen classified reports purporting to show that Muslims in the former Yugoslav Republic of Bosnia and Herzegovina had during the summer acquired military equipment and high-tech weaponry, mainly anti-tank and anti-aircraft systems.

The weapons arrived mostly via Tuzla airport in central Bosnia, which is officially under United Nations control but, according to Channel 4, a part of it is totally controlled by the Muslim Army and closed to United Nations peacekeepers. Muslim troops kept the weapons mostly hidden at home, and some of it was stored at the airport in tents meant for the refugees.

The clandestine arms deliveries were made with the knowledge of the United Nations and Washington, and intelligence reports indicate that the U.S. and NATO were directly involved in them during the summer.

The British Television Channel further said that the secret arms deliveries had begun in February 1995, which had been spoken of in public but that they had been intensified in the past five months.

The Bosnian Serbs, too, knew about the deliveries, which is evident from a report from a meeting between the United Nations Force Commander in Bosnia, British Gen. Rupert Smith, and (Bosnian Serb State) Republika Srpska Army Commander Gen. Ratko Mladic.

U.S. State Department Spokesman Nicholas Burns, speaking for Channel 4, denied the Administration's involvement in the matter, but allowed for the possibility that the Muslims had been secretly buying arms, including u.s.-made equipment on the black market. If a peace accord is reached, the U.S. will ve ry soon unilaterally lift the arms ban (imposed by the United Nations on arms sales to all of former Yugoslavia) and openly arm the Bosnian Muslims, Burns said.

UNITED . NATIONS AS


Distr. GENERAL

A/50/703 S/1995/901 30 October 1995

ORIGINAL: ENGLISH

GENERAL ASSEMBLY Fiftieth session Agenda items 8 and 92 ADOPTION OF THE AGENDA AND

ORGANIZATION OF WORK THE SITUATION IN THE OCCUPIED

TERRITORIES OF CROATIA


Letter dated 30 October 1995 from the Permanent Representative of Croatia to the United Nations


With regard to the letter dated 24 October 1995 from "Charge d'affaires a.i." of the Permanent Mission of "Yugoslavia" (relating to the country provisionally known as "Federal Republic of Yugoslavia (Serbia and Montenegro)") addressed to you (A/50/674-S/1995/883), I have the , honour, on behalf of my Government, to state the following.

1. My Government reiterates its position as stated in my letter dated 10 October 1995 (A/50/545-S/1995/863) addressed to Your Excellency with regard to the status of Mr. Jovanovic in the United Nations, and the status of the "Federal Republic of Yugoslavia (Serbia and Montenegro)" in the United Nations .

2. Mr. Jovanovic enters into legal arguments of occupation . In this regard I would like to reiterate that the actions of the "Federal Republic of Yugoslavia (Serbia and Montenegro)" from 1991 onwards clearly fall into the definition of occupation according to the 1907 Hague Convention and its annexed Regulations Respecting the Laws and Customs on War on Land. Not only did this State occupy the easternmost region of Croatia, but it de facto administrated the territory by incorporating it into its legal and political system. Croatia has on numerous occasions presented evidence to the above.

Furthermore, the General Assembly expressed itself as "alarmed and concerned" by the existence of occupation of the Serbian-controlled parts of sovereign Croatian territory in its resolution 49/43 of 9 December 1994, stat ing that "the ongoing situation in the Serbian-controlled parts of Croatia is de facto allowing and promoting a state of occupation bf parts of the sovereign

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A/50/703 S/1995/901 English Page 2

Croatian territory, and thus seriously jeopardizing the sovereignty and territorial integrity of the Republic of Croatia".

Similarly on the point of occupation, the General Assembly concluded that, "in particular, [the activities of] the Federal Republic of Yugoslavia (Serbia and Montenegro) ... aimed at· achieving the integration of the occupied territories of Croatia into the administrative, military, educational, ~ransportation and communication systems of the Federal Republic are illegal, null and void, and must cease immediately". The General Assembly further requested the "Federal Republic of Yugoslavia (Serbia and Montenegro) to cease immediately any military and logistic support to the self-proclaimed authorities in the Serbian-controlled parts of Croatia".

I would like to point out that an overwhelming majority of Member States, 142 of them, expressed their full support by voting for resolution 49/43, while not a single one raised its voice in dissent.

3. Since we have complete confidence in the peace talks that are under way between the Croatian Government and the local Serbian proxy authorities in Eastern Slavonia, and strive to achieve success at the talks that are about to begin in Dayton, Ohio, my Government has decided to defer the debate and decision on agenda item 92 until the fifty-first session of the General Assembly.

This decision of my Government was communicated to the Chairman of the Special Political and Decolonization Committee, and to all the co-sponsors of resolution 49/43, on 20 October 1995.

I would kindly request your assistance in distributing this letter as a document of the General Assembly, under agenda items 8 and 92 , and of the Security Council.

(Signed) Mario NOBILO Ambassador

Permanent Representative

UNITED NATIONS

General Assembly

Fiftieth session FIRST COMMITTEE Agenda item 81

Distr. GENERAL

A/C.1/50/4

A

26 October 1995

ORIGINAL: ENGLISH

MAINTENANCE OF INTERNATIONAL SECURITY

Letter dated 23 October 1995 from the Charge d'affaires of the Permanent Mission of the Federal Republic of Yugoslavia to the


Upon the instructions of my Government, I am writing to you concerning the information submitted by the Government of Albania regarding the agenda item of the General Assembly entitled "Maintenance of international security". The Government of the Federal Republic of Yugoslavia has taken note in particular of the statements contained in paragraphs 21 and 22 of the addendum to the report of the Secretary-General on the development of good-neighbourly relations among Balkan States (A/50/412/Add.l), where it is stated that Albania "has always implemented and will continue to implement the principles of the Charter of the United Nations" and that its "policy aims at respecting sovereignty, territorial integrity, political independence and not changing borders by force" .

Without any attempt to dwell upon other parts of the information submitted by Albania, the Government of the Federal Republic of Yugoslavia underlines the political significance of the statements contained therein and expects that consequently Albania shall revoke, as a matter of urgency, the decision of the People's Assembly of the Republic of Albania of 22 October 1991, enclosed herewith (see annex), on the recognition of the Province of Kosovo and Metohija, an integral part of the Republic of Serbia and the Federal Republic of Yugoslavia, as a sovereign and independent State .

I should be grateful if you would have the present letter and its annex circulated as an official document of the General Assembly under agenda item 81.

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ANNEX

Statement made on 22 October 1991 by the People ' s Assembly of Albania

The People's Assembly of the Republic of Albania learned of the result declared by the Central Commission of the Assembly of Kosov a, namely, the full success of the referendum for the approval of the resolution of this Assembly, through which the Republic of Kosova is defined as a sovereign and independent State, on the basis of freedom and complete equality with all other peoples. The People's Assembly of the Republic of Albania considers the resolution completely right, legitimate and based on fundamental international democratic principles such as those enshrined in the Charter of the United Nations, the Helsinki Final Act and the Charter of Paris. The People's Assembly of the Republic of Albania has also noted the decision to create a new provisional government of the Republic of Kosova, with Dr. Bujar Bukushi as its Chairman.

Through this historic act, the People of Kosova, as the most ancient people and the third as regards number of people living in their territories in Yugoslavia, and their legitimate organ of State power, the Assembly of Kosova, will go on making their contribution to the solution of the Yugoslav crisis through democratic means and to the consolidation of the democratic spirit, security and stability of the Balkans and Europe.

The People's Assembly of the Republic of Albania recognizes the Republic of Kosova as a sovereign and independent State, on the basis of freedom and complete equality with all other peoples. It also recognizes as legitimate the new provisional government of the Republic of Kosova under the direction of Dr. Bujar Bukushi. It appeals to democratic international opinion and the member countries of the Conference on Security and Cooperation in Europe to recognize and observe the legitimate will of the Albanian people of Kosova. This would be another proof of their sincere engagement and without prejudice to a correct resolution of the Yugoslav crisis.

UNITED NATIONS

General Assembly Security .Council

GENERAL ASSEMBLY Fiftieth session Agenda item 112 HUMAN RIGHTS QUESTIONS

Letter of the Permanent Mission

addressed to the

Distr. GENERAL

AS

A/50/675 S/1995/884 24 October 1995

ORIGINAL: ENGLISH


a.i. Nations

The allegations contained in the letter of the Permanent Representative of Morocco to the United Nations dated 9 October 1995 addressed to you (A/50/523-S/1995/845) are not only yet another example of biased attitudes of the members of the Organization of the Islamic Conference (OIC) concerning events in the former Socialist Federal Republic of Yugoslavia, but also an example of direct interference into the internal affairs of the Federal Republic of Yugoslavia. We wish to believe that this letter is partially the result of succumbing to pressures of extremist forces within OIC as well as to those extremists among the Muslims in and outside of the Federal Republic of Yugoslavia who would like to use the momentum for the fulfilment of their personal or partial interests, to the detriment of all others, disregarding or falsifying the facts and situation in the Federal Republic of Yugoslavia.

If the said letter is a result of the OIC Contact Group's attempt at spreading human tragedy from the territory of former Bosnia and Herzegovina to the territory of the Federal Republic of Yugoslavia, then it is everything but a contribution to the ongoing peace process and its chances for success. The Federal Republic of Yugoslavia expects full awareness of individual and collective responsibility by the OIC members for their allegations or initiatives in the United Nations and, if possible, within OIC itself.

The insinuations to the effect that the Federal Republic of Yugoslavia is allegedly the occupier of a part of its own territory are utterly absurd. They directly encourage the advocates of war.

It is known as broadly recognized that the Federal Republic of Yugoslavia is not only an advocate of peace but also an irreplaceable factor in the peace process. The attempts of OIC to deny this cannot in any way change these facts

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nor the determination of the Federal Republic of Yugoslavia to continue to strive not only for an early achievement of a peace in the territory of the former Socialist Federal Republic of Yugoslavia but also to relentlessly persist in the safeguarding of its own independence, territorial integrity and sovereignty of the Federal Republic of Yugoslavia.

I should be grateful if you would have this letter circulated as a document of the General Assembly, under agenda item 112, and of the Security Council.


Charge d'affaires a . i.

UNITED NATIONS AS


Distr. GENERAL

A/50/674 S/1995/883 24 October 1995

ORIGINAL: ENGLISH

GENERAL ASSEMBLY Fiftieth session Agenda item 92 THE SITUATION IN THE OCCUPIED

TERRITORIES OF CROATIA


Letter dated 24 October 1995 from the Charge d'affaires a . i. of the Permanent Mission of Yugoslavia o the United Nations

addressed to tlie Secretary-General

Upon instructions of my Government, I am writing to you concerning item 92 of the agenda of the fiftieth regular session of the General Assembly, "The situation in the occupied territories of Croatia", to be considered by the Special Political and Decolonization Committee (Fourth Committee) on 1 November 1995 .

The Government of the Federal Republic of Yugoslavia would like to point to the following political and legal inconsistencies in regard to this issue.

The very title of this item represents a contradictio in adjecto . The general rule of international law, set out in article 42 of the Regulations Respecting the Laws and Customs of War on Land, annexed to the Fourth Hague Convention of 1907, stipulates that "Territory is considered occupied when it is actually placed under the authority of the hostile army. The occupation extends only to the territory where such authority has been established and can be exercised". From the legal and political point of view, it is impossible for one people to commit aggression against its own territory. Since there is no aggression, there can be no occupation either (there was no invasion of one sovereign State by another) .

In Slavonia, Western Srem and Krajina, the war was waged between the Serb population of the former Republic of Croatia and new Croatian authorities which openly rebelled against the state and constitutional order of the Socialist Federal Republic of Yugoslavia. Under the Constitution, the obligation of the Army of Yugoslavia (JNA) was to protect territorial integrity and sovereignty, the same principle that Croatia now invokes under General Assembly resolution 49/43.

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Unfortunately, following the coming to power of the extreme chauvinist party, the Croatian Democratic Community (HDZ), and particularly after the unilateral adoption of the Declaration of Independence, the Serbs were deprived of their constitutional status of constituent people and exposed to large-scale terror and discrimination. The Croatian authorities reinstated the state symbols and insignia of the notorious fascist puppet so-called "Independent State of Croatia" which was responsible for the genocide and deaths of hundreds of thousands of Serbs. Nevertheless, the Tudjman Government has openly referred to that fascist State as a nucleus of Croatian statehood. In his book Wastelands of Historical Realities, President Tudjman stated, inter alia, that "hegemonists and unitarists forget that the NDH (Independent State of Croatia 1941-45) was not only a 'quisling creation' and 'a fascist crime', but an expression of the historic aspirations the Croatian people towards an independent state and the realization of international factors ... " .

Unfortunately, in many ways, the present day Croatian State uses the same methods - terror, genocide, ethnic cleansing - in an attempt to fulfil the goals of an out-dated, intolerant and fascist ideology. So it is not surprising that, in the interest of peace and security and in order to protect the Serb population in Krajina, the United Nations decided to place those areas under international protection. The legal status of the United Nations Protected Areas has been determined by the Vance plan which was accepted by Croatia and approved by the Security Council in its resolution 740 (1992) .

The Croatian Government undertook to create conditions for the peaceful resolution of the crisis as stated by Mr. Ivan Simonovic, Assistant Minister for Foreign Affairs, in the Fourth Committee last year : "When we come before this Committee today and before the General Assembly to seek support that would promote .. . a solution which will satisfy the individual and collective rights of all Croatian citizens within the framework of international law and international standards, and a solution which will hold responsible all of those who have violated them, we are not talking exclusively about national interests".

Despite the demand contained in General Assembly resolution 49/43, pursuant to which Croatia has committed itself not to use force to resolve the crisis, the international community witnessed a brutal aggression by the Croatian Government against the Serb civilian population in the United Nations Protected Areas. By resorting to the scorched earth policy, the Croatian army expelled 200,000 Serb civilians. Contrary to all norms of humanitarian law, Croatia continued to systematically pursue a genocidal policy against the remaining Serb population. According to General A. Forand, former United Nations commander of Sector South, the United Nations patrols often saw Croatian soldiers close to many places where the crimes occurred, sometimes even committing them before the Croatian officials. According to a United Nations spokesman in Belgrade, Susan Manuel, United Nations observers also visited nine locations with over 600 fresh burial mounds in former Sector South and Croatian authorities prevented the United Nations from investigating the sites .

Obviously, Croatia's attempts to portray itself as a democratic society are totally contradicted by an organized policy of genocide and ethnic cleansing against the Serbs. In addition, the Security Council, in its

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resolution 1009 (1995), explicitly demanded that Croatia" ... create conditions conducive to the return of those persons who have left their homes". However, contrary to that request, Croatia recently adopted a Sequester Law that effectively deprives the Serbs of their property rights, in order to legitimize illegal seizure of property of the expelled Serb population.

In connection with agenda item 92, Croatia based its actions within the Fourth Committee and the General Assembly on the principle of protection of territorial integrity and sovereignty, which were allegedly threatened by the Federal Republic of Yugoslavia, only to mask its own aggression and vicious genocide which it has carried out against the Krajina Serbs, who had no choice but to resort to self-defence in order to survive.

My Government wishes to point out that the support of some countries to such policy of Croatia or its tacit approval carries responsibility for the maintenance of peace and security in the region. Methods used in the establishment of a state and the consequences thereof undoubtedly determine its future role in the region. Today, the Serb population from the United Nations Protected Areas represent victims of the Croatian brutal policies, whereas tomorrow it may well be someone else.

By burying the Serbs in mass graves, Croatia cannot possibly hope to bury the history and atrocities committed by the legitimate Croatian army in the name of creating a "democratic" Croatian State.

Therefore, in view of the above, my Government strongly urges all States that in 1994 endorsed General Assembly resolution 49/43 to re-examine their position and withhold support to the Croatian initiative this year.

I should be grateful if you would have the present letter circulated as a document of the General Assembly, under agenda item 92, and of the Security Council.



UNITED NATIONS


GENERAL ASSEMBLY Fiftieth session Agenda item 8 ADOPTION OF THE AGENDA AND

ORGANIZATION OF WORK

Distr. GENERAL

AS

A/50/656 S/1995/876 19 October 1995

ORIGINAL: ENGLISH


Letter dated 19 October 1995 from the Charge d'affaires a.i. of the Permanent Mission of Bosnia and Herzegovina to the


The Government of the Republic of Bosnia and Herzegovina expresses its strong objection to the publication and circulation as documents of the United Nations of any documents from the so-called "Permanent Mission of Yugoslavia" and signed by Mr. Vladislav Jovanovic as "Charge d'affaires, a.i. of Yugoslavia 11 •

In this context, I wish to recall Security Council resolution 777 (1992) of 19 September 1995, which stated, inter alia:

"Considering that the State formerly known as the Socialist Federal Republic of Yugoslavia has ceased to exist,"

"Considers that the Federal Republic of Yugoslavia (Serbia and Montenegro) cannot continue automatically the membership of the former Socialist Federal Republic of Yugoslavia in the United Nations, and therefore recommends to the General Assembly that it decide that the Federal Republic of Yugoslavia (Serbia and Montenegro) should apply for membership in the United Nations and that it shall not participate in the work of the General Assembly."

Subsequently, the General Assembly, in its resolution 47/1 of 22 September 1992, adopted the above-mentioned recommendation.

In the light of the above decision, the recent appointment of Mr. Jovanovic as "Charge d'affaires , a.i. of Yugoslavia" is legally faulted, as he was appointed by the Minister for Foreign Affairs of a country that is not a State

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Member of the United Nations and thus he cannot be considered a representative to the United Nations of any "Yugoslavia". The former "Socialist Federal Republic of Yugoslavia" has ceased to exist and the so-called "Federal Republic of Yugoslavia (Serbia and Montenegro) 11 has yet to apply for membership in the United Nations.

May I ask for your kind assistance in circulating this letter as a document of the fiftieth session of the General Assembly, under item 8, and of the Security Council.

(Signed) Nedzib SACIRBEY Charge d'affaires a . i .

UNITED NATIONS


S/1995/875

s

19 October 1995

ORIGINAL: ENGLISH

LETTER DATED 17 OCTOBER 1995 FROM THE CHARGE D'AFFAIRES A.I. OF THE PERMANENT MISSION OF YUGOSLAVIA TO THE UNITED NATIONS ADDRESSED TO

THE PRESIDENT OF THE SECURITY COUNCIL

Despite the fact that the cease-fire agreement between the parties in Bosnia and Herzegovina came into effect at 2301 hours GMT on 12 October 1995, the Bosnian Muslim and Croat forces,· supported by the Croatian regular army, continued their merciless offensive against the Bosnian Serb towns of Sanski Most, Mrkonjic Grad and Kljuc, triggering heavy civilian casualties and another mass exodus of 50,000 Bosnian Serb refugees who are fleeing for their lives towards Banja Luka.

The offensive in western Bosnia, .whose ultimate goal is the seizure of Prijedor and Banja Luka, is continuing unabated despite the demands of the Security Council contained in the presidential statement of 12 October 1995 (S/PRST/1995/52), that all parties fully comply with the provisions of the cease-fire agreement and refrain from any military activity that could seriously jeopardize the peace process.

According to the accounts of the Red Cross of Yugoslavia, which just visited the area, on each tractor trailer and horse-driven cart there were more than 20 refugees. Columns of refugees are also fleeing on foot towards Banja Luka with no possessions whatsoever, lost and desperate. The local authorities and humanitarian organizations do not have any means or possibilities to offer assistance. Children, the infirm and the elderly are dying on the roads and being buried there. In the past four days, along the road four children from the refugee population of Sanski Most and Ostra Luka died. The towns of Doboj, Teslic, Brod, Vukosavlje, Sarnac, Derventa, Modrica and Prnjavor are full of refugee women, children and the infirm. The majority of these people do not have any shelter or are seeking one under improvised covers without basic conditions for survival. In Ornarska alone, there are more than 30,000 people left in the open.

T_his dramatic situation, which has occurred in the wake of the continuation of the Muslim-Croat offensive, threatens not only the cease-fire and the cessation of hostilities but can lead the parties away from the peace process. Therefore, the charges that have been levelled against the Serbs in Bosnia are

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to a great extent artificial. The Serbs are now the victims, which is testified to by the latest conquests of the Croats and Muslims and the massive exodus of Serb refugees. If one side is led to despair, then it will be very difficult to keep the peace process on track.

The Bosnian Muslim-Croat offensive in north-western Bosnia has been crucially assisted by the troops of the regular Croatian army, which have been recently reinforced by fresh units supplied with the most sophisticated and modern weapons. Taking into account the agreement on the constitutional basic principles reached in Geneva and New York, as well as the agreement on the cease-fire, the presence of the Croatian regular army in Bosnia and Herzegovina and its military engagement is illegitimate and politically and morally unacceptable.

Having in mind the extreme gravity of the situation, I call upon the security Council to take urgent measures to stop the Bosnian Muslim-Croat offensive and prevent a humanitarian catastrophe that seriously threatens to undermine the entire peace process in Bosnia and Herzegovina.




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UNITED NATIONS


A/50/570 19 October 1995

ORIGINAL: ENGLISH

Fiftieth session Agenda items 9, 103, 104 and 112

GENERAL DEBATE

ELIMINATION OF RACISM AND RACIAL DISCRIMINATION

RIGHT OF PEOPLES TO SELF-DETERMINATION

HUMAN RIGHTS QUESTIONS

Letter dated 13 October 1995 from the Charge d'affaires a . i. of the Permanent Mission of Yugoslavia to the United Nations

addressed to the Secretary- General

Upon the instructions of my Government, I have the honour to transmit herewith the text of a reply to the statement of the Foreign Minister of Albania made at the fiftieth regular session of the United Nations General Assembly (see annex).

I should be grateful if you would have the present letter and its annex circulated as an official document of the General Assembly under agenda items 9, 103, 104 and 112.

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ANNEX

Reply by Yugoslavia to the statement made on 2 October 1995 by the Minister for Foreign Affairs of Albania to the

General Assembly at its fiftieth session

At the time when the United Nations and the international community are investing major efforts to achieve a just and lasting political solution to the crisis in the territories of the former Yugoslavia, Albania again resorts to its well-known policy of launching unsubstantiated attacks against the Federal Republic of Yugoslavia . Instead of invoking the basic principles of the United Nations - peace, cooperation, good-neighbourliness - the Foreign Minister of Albania abused the rostrum of the General Assembly to make a statement teeming with hostility , false allegations and threats against the neighbouring Federal Republic of Yugoslavia. Thus Albania once again demonstrated that it has never abandoned its ambitions to satisfy its main political goals at the expense of its neighbours. By pursuing such a policy, Albania not only impairs good relations with all its neighbours, but represents a major threat to peace and stability in the Balkans.

At the present stage of the peace process when an agreement has been reached in Geneva and New York about the principles, constitutional arrangements and the cease-fire in Bosnia and Herzegovina, the entire international community, headed by the United Nations, has welcomed the efforts and results of the Contact Group and the constructive and peaceful role of the Federal Republic of Yugoslavia as well as the personal contribution of the President of the Republic of Serbia, Slobodan Milosevic . It is widely recognized that the Federal Republic of Yugoslavia is an unavoidable factor for achieving a peaceful and just solution to the Yugoslav crisis and that it has made the greatest contribution towards that end. Only Albania does not recognize these peace efforts. It continues to call for military intervention against the Serbs and insist on maintaining the sanctions against the Federal Republic of Yugoslavia, contrary to the decision of the United Nations Security Council on their partial suspension .

It is obvious that Mr. Serreqi's principal goal was an attempt at discrediting the peaceful policy of the Federal Republic of Yugoslavia and internationalizing the issue of Kosovo and Metohija. The insistence of Albania on conditioning the return of the Federal Republic of Yugoslavia to the international organizations in whose activities it does not presently participate and the lifting of sanctions with the solution of the so-called question of Kosovo and Metohija is absolutely unacceptable . In doing so, Albania has provided ample evidence that it has continued to interfere flagrantly in the internal affairs of the Federal Republic of Yugoslavia and be engaged in anti-Yugoslav activities in international forums.

Mr. Serreqi once again demonstrated that Albania's basic foreign policy issue is to support the secessionists in Kosovo and Metohija, an integral part of the Republic of Serbia and the Federal Republic of Yugoslavia. Albania is the only country in the wor l d that has recognized the self-proclaimed, non-existent "Republic of Kosovo" . This it has done in pursuit of its

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expansionist goal: to break up the Federal Republic of Yugoslavia and Serbia by encouraging the secession of Kosovo and Metohija and its subsequent annexation by Albania.

The allegations of Mr. Serreqi about torture, police repression and the ethnic cleansing of members of the Albanian national minority and the abolition of the autonomy of Kosovo and Metohija are absolutely untrue and unsubstantiated. It is well known that the Province of Kosovo and Metohija has a constitutionally guaranteed status of territorial autonomy within the Republic of Serbia. The Constitutions of Serbia and the Federal Republic of Yugoslavia guarantee the Albanian national minority full protection of its human and minority rights in accordance with the highest international standards.

The real issue of Kosovo and Metohija is not the alleged violation of the human rights of the Albanian national minority as contended by Mr. Serreqi, but the fact that under the pressure of their separatist leaders and with the outright support of Albania, the members of the Albanian national minority do not exercise the autonomy and rights provided by the Constitution. In doing so, they boycott elections and political institutions of the Republic of Serbia and, in part, the system of education and health protection. None the less, Yugoslavia has sought to establish direct dialogue and achieve democratic agreement with the Albanian national minority through the legal institutions of the system and to find solutions to outstanding questions. The only condition is that the members of the Albanian national minority respect the constitutional framework of the Republic of Serbia. Officially supported and encouraged by Albania, they have refused to do so thus far. Therefore, it would have been much more constructive if Mr. Serreqi had urged the members of the Albanian minority in the Federal Republic of Yugoslavia to exercise all their constitutionally guaranteed rights.

The real situation in the Province of Kosovo and Metohija and the scope of human rights granted to the Albanian national minority are detailed in the aide-memoire on political manipulations by the Albanian national minority in the Federal Republic of Yugoslavia and in other documents that the Government of the Federal Republic of Yugoslavia has submitted to the United Nations and all other relevant international organizations and forums. Following are only some of the data reflecting the accurate situation in the Province of Kosovo and Metohija, which testify to the absurdity of the allegations of Mr. Serreqi and Albanian propaganda.

Out of 120,000 employees in the social sector in Kosovo and Metohija, 60 per cent are members of the Albanian national minority. They account for over 95 per cent of private sector employees. After a period of boycott, the members of the Albanian national minority have begun to use health services in medical institutions again. Albanian children attend elementary school in the Albanian language. The Albanian national minority has also its Section of the Academy of Sciences, professional and amateur theatres, associations of artists, writers and musicians and over a hundred cultural and artistic societies. The Albanian "Drama Department" in the National Theatre in Pristina performs in the Albanian language. Radio and TV Pristina broadcast regular programmes in Albanian and 22 papers and magazines in the Province come out in Albanian as well.

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The members of the Albanian national minority in Kosovo and Metohija have five major political parties . All of them have been officially registered, have their own premises and some of them issue their own newspapers and magazines. There is also the Association of Independent Trade Unions whose members are only members of the Albanian national minority . All of them have declined to participate in the legal institutions even though they would have had a crucial role in their deliberations and decision-making.

Albania is abusing the tragedy of the Serb refugees e xpelled from the Republic of Serb Krajina in the brutal aggression of the Croatian Army to level new accusations against the Federal Republic of Yugoslavia. Out of 200,000 Serbs, who were forced out of the Krajina, only about 7,000 have been given temporary shelter in the Province of Kosovo and Metohija. It is senseless and outrageous to allege that, compared with a total of 1,900 , 000 Albanians, Serbs , Montenegrins, Romanies, Turks and others, this negligible figure can in any way disturb the demographic structure of the Province. Mr. Serreqi characterizes the accommodation of these Serb refugees as the threat of an explosion that would bring into question the hitherto peaceful policy of the Albanian national minority. Is not Mr. Serreqi calling for war in Kosovo and Metohija all over again? Mr. Serreqi must know that it is the sovereign right of the Republic of Serbia and the Federal Republic of Yugoslavia to settle Serb refugees in their entire territories, which in no way can disturb the demographic structure in Kosovo and Metohija where Albanian separatists pursued a policy of ethnic cleansing of the Serbs and Montenegrins for years.

By making such outrageous allegations, Albania actually acknowledges that it aspires towards the creation of ethnically pure States, which is typical only of totalitarian regimes. Moreover, while masquerading as a protector of the Albanian national minority and encouraging separatism in Kosovo and Metohija, Albania does not recognize the rights of the national minorities in its own territory, including the Serbs, Montenegrins and Goranci. It even denies their very existence and deprives them of all their cultural and religious rights and freedoms. For example, they are denied the right to the official use of their mother tongue in schools and newspapers and on radio and TV. Serbian monuments are being desecrated and the· property of the Serbian Orthodox Church is being seized. Lately, the police have stepped up pressure on members of the Serb and Montenegrin minorities around the town of Shkoder in order to expel them from their ancestral homes and seize their property and give it to the Albanians.

The latest callous attack of Mr. Serreqi on the Federal Republic of Yugoslavia comes after a number of constructive Yugoslavia initiatives towards Albania, aimed at establishing dialogue and setting a meeting between the Foreign Ministers of the two States. Numerous unacceptable conditions set by the Albanian side unfortunately prevented this dialogue from taking place. However, the Federal Republic of Yugoslavia stands ready to develop goodneighbourly relations with all neighbouring States, including Albania , on the basis of equality, non-interference and mutual respect for territorial integrity . The Federal Republic of Yugoslavia considers that dialogue is the right way to normalize mutual relations and establish good-neighbourly relations between our two countries, which can contribute to the strengthening of peace and stability in our region .

~Lvw-J. A, , ;; rt:;: q~~ -3 6 l.f-Y-3 i

MISSION PE:MANENTE ~ ! ~·1 .~ Cv? DE LA REPUBLIQUE FEDERALE DE . / Q _., h O! '2..-

YOU GOS LA VIE ~ , .S fC,-, rr 1 AUPRES DES NATIONS UNIES

· AGENEVE

5, chemin Thury - 1206 Geneve Tel. 839 33 44- Fax 839 33 59

Telex 42 77 64 Geneva, October 17, 1995

No 682/1 fo) J. .. ® rn o w rn ~ lJl) NOV - 2 l9'l> ~

Excellency, EOSG/CENTRAL I have the honour to transmit, enclosed herewith, the letter

of the Prime Minister of the Government of the Federal Republic of Yugoslavia, H.E. Dr. Radoje Kontic, concerning the adoption of the "Decree of the Government of Croatia on the Temporary Seizure and Management of Certain Property", of August 31, 1995.

Please accept, Excellency, the assurances of · my highest consideration.

Enclosures: 3

H.E.Mr. Boutros Boutros-GHALI Secretary General c/o Centre for Human Rights

c.c.: H.E.Ms. Sadako OGATA United Nations High Commissioner for Refugees

H.E.Mr. Jose Ayala LASSO United Nations High Commissioner for Human Rights

H.E.Mr. Ivan GARVALOV Chairman of the Committee on the Elimination of Racial Discrimination

H.E.Mr. Cornelio SOMMARUGA President International Committeu of the Red Cross

H.E.Ms. Elisabeth REHN Special Rapporteur United Nations Commission on Human Rights

FEDERAL REPUBLIC OF YUGOSLAVIA Federal Government Prtme :Mlnist.er

Excellency,

Belgrade, 12 September l 995

l express deep concel'n at Croatia's ross violation of United Nations Security Coune-il resolution 1009 of l lJ Au 1ust 1995 and, b that act:, o t 1e . asic human ri hts of the Serbian eo Jle ex )ellcd by the Croatian

'-- aggression on the ReRublic of ~crbian Kraii!m, By its continued destruction and looting of the property belonging t.o Serbs and b the ado ,tion of the "Decree of the Government of Croatia on the Tern orar Seizure and I\ ana :remcnt of .. cnain Pro rt " of 31 Au ust 1995 (which entered into force on 4 Sept.em her J 995), Croatia is in out.right breach of lhc provisions of the said resolution which in its operative paragraph 2 demands that the Government. of the Republic of Croatia, in conformity with internationally recognized st;-indards and in compliance with the agreement. of 6 August 1995 between the Republic of Croatia and the United Nations Peace.~ Forces (n) respect fully t.hc rights of the local Serb population including their rights to remain, leave or return in safety, (h) allow ac.cess to this population by international humanitarian organizations, and ( c) create conditions conducive to the rel.urn of those persons who have Jcft their homes.

The adoption of the said Decree by the Croatian Government < is an act without a precedent In present-dny international prncticc. 11 is yet

another insti·umcnt of the implementation of the Croatian policy of ethnic c!~~ns!!!g, ~im,"li n1' finaJlv eliminating the Serbs from the Republic of Serbian Krnjina and Croatia. · · - · · - ·-

His Excc1lency Mr. Boutros Boutros-Ghali Sccrctary-G en era I United Nations New York, N. Y. 10017

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fl1e· provisions of the Decree provide for 11temporary seizure, use, management and control" of the . overaJI movable and immovable property of the cxpellc:d Serbs. From the text of the Decree it ls evident tha1 the real intention is to settle Croats on the estates of Serbs who had left them under the armed pressure of the Croatian army. The effect of this all is to prevent the cxpdled Serbs from returning to their homes and to completely change the ethnic composition of the population. The next legal consequence, according to Lhe Decree, will be a definitive seizure of the property of the cxpel1ed Serbs. In this way Croatia grossly violates the gene.ra lly accepted rule of inviolability of private properly in the case of tcn-iwrinl changeB. thus setting a dangerous precedent jn international lnw with far-rcHctling consequences for the peace process and for the return of the expel1ed Serbs from the Republic of Serbian Krajina and Croatia. in particular, us guaranteed by United Nations Security Council resolution HXl9.

J recall that the provisions of the Decree are applicable also to the property of the citizens of the Federal Republic of Yugoslavicl, as weH as of the Serbs living in the territory of the Republic of Srpska, which extends its discriminatory nature.

Excellency,

The forcible expulsion of the Serbs who lived for centuries in the territories of the Republic of Serbian Krnjina and Croatia , led to the exodus of about half a million of Serbs from tl,esc areas, which resulted in · a humanita,ian cc1ta&trophe and a wave of human trngedy \Vhich fell, with all its ferocity, on the shoulders of the FR of Yugosl~via, itself in H very difficult position b~cause of unjust United Nations sanctions.

Bearing all this in mind, I request that you start an immediate \ initiative to protect urgently the movable und immovable property of the :1

Serbs who left the territories of the Republic of Serbian KrnjinH and Croatia, as well us the property of the citizens of the FR of Yugoslavin in the territory covered by the said Decree. 1 also deem it necessary for the United Nationg Security Council to initiate a decisive action to prevent the seizure of property on the basis of ethnic origin which is unprecedented in the present-day internntional community and contrnry to international law.

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\_

3.

In particular. it is contrary to the provisions of t.hc lnternaUona_l Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination which cxplJcitly prohibit discrimination on the basis of ethnic origin.

Considering that the destruction and looting of the property of the Serbs have been legnhzed by the said Croatian Decree, the translation of which is enclosed herewith, and that it is the intention of the Croatian authorities to adopt new legal regulations in this respect, I request the United Nations Security Council to prevent by its urgent action these acts of the continuation of t:he practice of the ethnic c1eansjng of the Serbian people. ln this context, I request that you start an initiative to have the United Nations Security Council adopt a decision on extending the mandate of the United Nations Peace Forces in Croatia t:o include also the protection of the property and goods of Serbs, until a final peace solution for all territories of the former Yugoslavia is reached, in order to ensure that the human rights of the Serbian people arc fu11y protected and to prevent the policy of ethnic cleam;ing. 1 also request that this protection include the Vital Record Books and Land Register~ which are a condition for the realization of the civil and property rights of Serbs. J request the United Nations to obligate Croatia to protect Vital Records Books and Land Registers as well as an other documents proving the said rights of Serbs. At the snn,e time I request t.he United Nations Security Council to establish an obligation by the Croatian authorities to compensate·tllc S-erbs for aH the property which they have had destroyed or looted since 1990.

Excellency,

Convinced that you will show understanding nnd readiness to respect the facts which l have presented, 1 request you once again to take urgent measures wiH1i11 lht United Nationi whir.h WO\ll~ prevent further aggressive policy of Croatia.

Please accept the assurances of my personal consideration also on this occasion.

Dr. Radoje Kontic (Signed)

·-II llll lllli11ii1 Iii

PEOPLE'S GAZETI'E People's Gazeuc of the Republic of Croatia

Page 1789 - No. 63 Mondt1y, 4 Septemh<!r 1995

THE GOVERNMENT OF THE REPUBLIC OF CROATIA 1 J48

Under Artide l, para. j, or the l....Hw on the Powers of the Government of the Rl~Jlllhlic nf Crontia to regulate ce11ain matters from the pmvicw of work of the Houise of Reprer,~ntativ~i; of the Sabnr of the Republic of' Croatia (J>copl.c_'s Gazct1c1 No. 79/94 ), the Onvl~rnmc111 of tl1e RepubHc of CrmitiH, a1 its se1-;sion held on 31 Atigrn;t 19951 adopted 1hc following

DECREE

on the tcmpornry seizure ;inc.l mmrngcmen1 of certain property

Article J

This Decree regulates the temporary 8eizmc, use, mum1ge-mcnt oml 1rnpcrvi11ion of the properly of physical entities specified by this Dccwr. for tl1c purpose of l1s pr:ncctic1J1 arnJ l::11suring 1hc cluim1,; of creditors in connection wilh this property.

Article 2

As of the date of the enHy into fore~ of this Decree, 1he property located in Hie previously occupied find now lihenncd territory of the Republic of Croatia Hhmidoncd and nm pcnmnHlly used by its owners sh11ll be placed nnder the temporary nrnnagemc.nt of 1 he Republic of Croatia ami m:eu in acc.:ordancc with thi i; D,~crce,

As of the date of the entry into force of this Decree:., the pmperty lm:11ted in ihc l~:rritory of the Republic of Crmitia owned by the pcr.~ons who lefl the Rcpul)lic of Cw111ia uf1cr J7 August 1990 or are in th~ occupied territory uf the Republic of Croalia ,rnu ln the territory of' th ~'. "Fcdenil Republk of Yugoslfl\!JH (Serbia and Montellcgro)'1 or in 1lw occupied 1Crrltory of 1hc: Republic of Bo:mhi-Hcrzegoviirn and do no1 use that property since the day or dcpartllre, slwll be plaeccJ umkr the temporary mf11111geme111 :)f the RepubJic of Cmatifl,

As of the. daie of the entry into force of this Decree, the property located in 1!1c tr-rrltory of 1llc Republic ni' Crou1hi owned by the dtizcns of the "fe.dcrnl Republic of Yugoslr1vi,1 (Serbia antl Montenegro)" who do not use ii pcrnomdly shall be placed under the ~cmpornry management of !he Republic of Croatia and used i11 Hcu1rc.hmcc with thii; Decree.

The provision~ of this Decree shall not npply to 1he pniperty wlllch ls the Joint mvm:rnhip of the nntiornili-: of !he Republic of Crnnti}l anti persons who arn no1 Crmnian nationals.

2

Article 3

The property in the sense of this Decree shall be coni;illcrnd till mcMthle and immovable propt;rty, in pflrticulur:

- iigriculturnl cstntes compri11ing rei.identiol und economic huildings, Janll 1-md other immovable property nnd the uppurtcnunt movnhle properly (livestock and other domestic animals, transpnrtution means, tools and other equipment, furniturn, etc.),

- re1:iden1ial buildings with adjacent area and aparimcnts (her~im1f1cr "l'luildingi;'') and furniture and other movable property therein,

- shops itnd offic.e~ one.I ,ither hnmovab]cs (garnge8, storages, depots, c1C.) and the movable.:: property therein,

- vehicles, boats am1 ships, tools, ctJdpment, etc.

Article 4

Tile possesslon of the property plttced under the temporary manugemcnt of the Republic of Croatia according to tl)ls Decree slmll be taken hy 1hl~ mu11icipHlity, i.e. town or the City of Zagreb (hereinafter "munkipality~ J.e. town") in who~c territo1y jt is loc1·ited.

The 1mmicipttl, i.e. town m1thorities shall establish u Commission for tile Temporary Seizure and Use of the Property (hereinafter "the Commission'') which shall make an inventory or the property and shnll have other power,; provided for by thi:,; Decree. The property inventory shall he forwarded to the Ministry of Development and Recon,-;truction which keeps prnperty records.

The Commi1,;sion from pHra. 2 of this Article sha11 comprii;e or one rcprc~cntatlvc of the Ministry of Development fmd Rccomtruction, Ministry of Defence, MinistJy of the In1erior, Mln1s1ry of Labnur nnd Socinl Welfore, Ministry nf Agrku)turc and Forestry, Burcirn of the Government of the Replihlk of CroutiH for ExpcU~cs and RcfuHces, Pnhlic Attnrncy's Office, munidpal1 i.e. town autlmritlcs and, if ncccNsnry\ of other penmus. The Prefo:ident of the Commission shall he determined hy 1l1c act on the cstabll81m1cnl of the CommisRion.

More thm1 one cnmmi::ision from purn. l of thii: Article can he established for the territory of a municipnllty, i.e. rnwn.

Article 5

The Commisi-:Jons from Article 4 of thiti Decree muy place the property from Article 2 of this Decree in po~session aml u:;c to the expclleei: and refuge.es, returnee1. who had their properly destroyed or damaged in tl1c homeland wur, to pcrncms disuhled in th~ homel:rnd \.var, famili~-s of killed and disappeared Croatian ocfemkr~ in the lmmeland war and other persrnu: engHged in the nctivities necessary for the securi1y, rccons1ruction and development of 111c prcviouf:ly occupied territories.

Decisions or the Commlssicm ctin be nppet1led with the Ministry Df Justice witliin 8 days. An appeHl does 110t stop the execution of a dcciiiion.

3

On the occasion of placing the property in possession und use, the minutes on the <.:ondi1io11 of property and its plucing in possession shaJJ he made.

Article 6

The work of the Commissions frnm Article 4 of this Dt!cn::e NhaJl he directed amJ adjusted hy th!.' Ministry nf Development and Rcconstrucfion and 1hc Ministc.r nf Dcvelopnmm ,md Reconstruction can, if necessary, issue instructions for the iI;1plcmenint10n of lhis I)en cl: l:l1t,,crni1ig tho property nnd fht>. pc~rsnns ill whose pDssession and use the propeny is l1eing placed.

Article 7

The pernons who, under Article 5 of this Decree, haw been given in posse~~ion and use the. prnpeny from Article 2 of this Decrcl~ shall have the duly to tmmttge the property as good mas1ers, shall have all the powers lwlonglng Jo the ow11cr of the property ln ilH pro1cction againi.t third persons and can use the proceeds from the property for their own nccd8,

Th,~ pcr:mns from parn. 1 of thi11 Article cnnnot ui~pose of the immovables constituting part of the property (~ell, exchange, lei, lcc1sc, rcllt with or withot11 churge, mortgage or use it towards any other lien) and cannot c.fispose of trnn11portution mc.infl and Jiwfltock without consent by the Commission from Article 4 of thls Decree.

Lr:gul trnmmctionJ; concluded ccmtrary to para. 2 of thjs Articlt~ s!rnl! be cornm.lcred null and void.

Article 8

While:, the propt,rty is manuged hy the Republic of Croatia, the owner cannot dispos,~ of it (sell, exchange, let, lctisc, rent with or without charge, mortgage or tise it towards ,rny other lien, etc.).

At !he proposal of the Minister of Justice, tJ1e Government of the Rc.~publk of CrotitiH nmy e)it~mpt ,:~rh:in property from !he prohibition of disposal for the.~ purpose of executing i1 lcgnl trnnirnction wl,creby the right to ownership is ucquired hy Croatian natirnmls or members of the Cnmtiun people for humanitarian and oth~r justified reasons.

Legal transactions conclurJcc.l contrary 10 parn. 1 of this Artieie i.li:dl he coni;ic..icl't:u null ~nJ voi<.l.

Artie)~ 9

Tl:c Commission from Article 4 of this Decree muy rc11dnd H c.lcdi:ion from

~- . ;

..

4

Article 5 of this Decree if a person or persons given the prniseiision und ui.e of the prop,-:ny:

- do not nrnnnge the property ns good nmslcrs, • acquire 1hc pm1sihility 10 return .:rnd use their own property, . mrmage the property contrury 10 the provisions of this Decree.

Artide JO . .....___, --.. . "' .

1f the ow11er of proptr1~' frorn Article 2) para. 1. of this Decree returns to the Republic of Croa1ia within 30 days frnm 1he dt:\c of the cn1ry in 10 force of this Decree a nd requests i1s r0turn in1o his/lier possession and use, th0 Commii-;sion from Article 4 of 1hi,- Decree i.hHll rt!scind foe dedsim1 from Article. 5 of lhis Decree.

Thi:. decii;ion hy which the Commission has rescinded its Ul;Clsion from Article 5 of 111!!-. Decrcl:, can be ttppeoled by the ewncr of the pmperty, the person to whom the property was glven in poslieSNion ttnd w;e and the Public Attorney with the Ministry nf Justice within 8 days.

The person who had the right to possession and use of the property ceased by a vtilic..l deci1,i011 under porn . 2 of this Article cannot hl! <..leprivell of the possession until he/sl1c ls ensured po~se.:;~ion und uf;c of other adequate property.

Article J l

Owneri;hip of' 1he movable property from Article 2 of this Decree t:<tnJ\01

b<: acquired l)y appropriation ( oceupution ).

Article 12

The: person~ who po .. !:ess nnd use property from Art lc.:k 2 of this Det~ree contrary to 111e provlslons of thi~ Decree i;Jrnll be deprived of the property by a decision of the Commission from Arlie.le 4 of this Decree,

This decision cannot he appealed 1 Inn can be contei;tcd in H legal nction bdore an ,1dmini~1.rntivc court. Administrative eliforc:cmcn1 of 1hc:: decision shall he carried out by the hody which hns taken i1.

Anick, 1~

The pwv1~ions of the Lnw on the General AtJmin ls1 rmivt: Prm:cdur~ (People\ Onzc ttl·\ No. 5~/9J) i;h11ll Hpply to mlminislnitive mutters in accord:1m'.c. wi1h this D1icret\ unless n1hcrwisc provided hy thii. Deerce.. Administrative matters from this Decree shall he ~oJv:;cl Jn suemnlined prncedme.

' '

\..

5

Article 14

A 11epHrntc law shall regulate the owner11hip of the property placed under the management in au:ordnn,:e with the proviRions of this Decree which has not heen r~lurncd into lhe p{)ssessinn und w:e of the owner.

Article l 5

The MiniMcr of Jw.tice slmll be empowered 10 H<lopl, as n~cessury, 1llc regulations concerning llle implemenwtion of this Decree, except for 1he execution of mn11cr~ from Article 6 of this D~crec.

The. implementation of this Dccn~e. i.hall lw monitored hy the Ministry of Justice.

Anicle 16

This Di:::crc.c shall enter into force on the dHy of its puhlica1ion in the People's Oazcttt..

CJal-is : 370-01 /95-01 /J 4 Decree No.: 5030109-94~1 Zagreb, 31 August 1995

President Nikicrt Valemk

Note for the File EXECUTIVE G?r iCE OF THE SECRETARY-GENERAL

I spoke today to Ambassador Djokic, Charge d'alfaircs or the Federal Republic or

~ slavia (Serbia and Montenegro), who had called to fo llow up on the request made to the

Sec retary-General by the Foreign Minister, Mr. Milutinovich, that Mr. Li lie , the President of the

Republic, be allowed to attend the 50th anniversary commemorative session. I explained to him

that individual invitations, each signed by the Secretary-General, had gone to all members but

that none had been sent to Mr. Lilic because of A.ss·embly resolution 47/1 of22 September 1992.

I told him we had been mystified to learn that Mr. Lilic had an invitation in his possession, and

askcd Mr. Djokic if he cared to share it with me. It transpires that the FRY had reacted not to an

indi~ clual invitation but rath~ o a circular note verbale tl1at apparently went to all permanent

mi ss io1~ ome months ago asking for an indication of how their countries would be represented

at the 50th anniversary. Mr. Djokic has now clearly understood the situation and I would judge

~1at they will not press the matter further.

.ifo) rn@rnuwrnrni

lJl] DEC I 2 f995 lJ) I

EOSG/CENTRAL

cc Mr. Goulding Mr. Kittani Mr. Aime Mr. Perfiliev Mr. Corell

Alvaro de Soto 13 October 1995

UNITED NATIONS


A/50/554

A

12 October 1995

ORIGINAL: ENGLISH

Fiftieth session Agenda items 8 and 9

ADOPTION OF THE AGENDA AND ORGANIZATION OF WORK

GENERAL DEBATE

Letter dated 11 October 1995 from the Permanent Representative of Croatia to the United Nations


Upon instructions from my Government, I should like to draw your attention to document A/50/508, containing the letter dated 3 October 1995, signed "Vladislav Jovanovic, Ambassador, Charge d'Affaires a.i. 11 of the "Permanent Mission of Yugoslavia to the United Nations", addressed to you, and would like to reiterate the objection of my Government contained in my letter addressed to you dated 10 October 1995 (A/50/545-~/1995/863).

Further, my Government objects to the fact that the "Permanent Mission of the Federal Republic of Yugoslavia (Serbia and Montenegro)" is allowed to circulate documents of the General Assembly, since it is precluded from participation in the work of the Assembly and its bodies . In the view of my delegation, the circulation of documents, in particular under agenda item 9 (General debate), constitutes participation in the debate and in the work of the Assembly.

I would like to request your assistance in distributing this letter as a document of the fiftieth session of the General Assembly under items 8 and 9.

95-30806 (E) 121095 131095 11111111111111111 IIIII 1111111111 111111111 1111



UNITED NATIONS


S/1995/865

s

11 October 1995

ORIGINAL: ENGLISH

LETTER DATED 11 OCTOBER 1995 FROM THE SECRETARY-GENERAL ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL

I have the honour to transmit the attached report, which was addressed to me on 9 October 1995 by the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia, concerning the operations of the International Conference's Mission to the Federal Republic of Yugoslavia (Serbia and Montenegro). This report by the Co-Chairmen contains the certification referred to in Security Council resolution 1003 (1995) of 5 July 1995.



95-30697 (E) 121095

I 1111111111111111 11111 111111111111111 1111 1111 I ...


Operations of Mission of the International Conference on the Former Yugoslavia to the Federal Republic of

Yugoslavia (Serbia and Montenegro)

I. INTRODUCTION

1. The present report is submitted pursuant to paragraph 13 of Security Council resolution 988 (1995) of 21 April 1995 and paragraph 2 of Council resolution 1015 (1995) of 15 September 1995. In those resolutions, the Council requested that the Secretary-General submit every 30 days for its review a report from the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia on the border closure measures taken by the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) .

' 2. It will be recalled that, on 4 August 1994, the following measures were ordered by the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) to come into effect the same day:

(a) "To break off political and economic relations with the 'Republika Srpska';"

(b) "To prohibit the stay of the members of the leadership of the 'Republika Srpska' (Parliament, Presidency and Government) in the territory of the Federal Republic of Yugoslavia";

(c) "As of today the border of the Federal Republic of Yugoslavia is closed for all transport towards the 'Republika Srpska' except food, clothing and medicine."

3. On 19 September, 3 October, 2 November and 5 December 1994 and 5 January, 3 February, 2 March, 31 March, 13 April, 18 May, 25 June, 3 August and 6 September 1995, the Secretary-General transmitted to the Security Council reports from the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia on the state of implementation of the abovementioned measures (S/1994/1074; S/1994/1124; S/1994/1246; S/1994/1372; S/1995/6; S/1995/104; S/1995/175; S/1995/255; S/1995/302; S/1995/406; S/1995/510; S/1995/645 and S/1995/768). The report dated 6 September 1995 contained the following certification from the Co-Chairmen: ,

"In the light of the foregoing developments, based on the Mission's on-site observation, on the advice of the Mission Coordinator, Mr. T. J. Nieminen, and in the absence of any contrary information from the air, either from the airborne reconnaissance system of the North Atlantic Treaty Organization (NATO) or national technical means, the Co-Chairmen conclude that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) is continuing to meet its commitment to close the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the areas of the Republic of Bosnia and Herzegovina under the control of the Bosnian Serb forces. The Co-Chairmen also conclude that, during the period

I ...


covered by the present report, there have been no commercial transshipments across the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republic of Bosnia and Herzegovina."




5. The authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) have provided the Mission with the following list of confiscations conducted along its border with Bosnia and Herzegovina for the month of August 1995:

Petrol Diesel Motor oil Cigarettes Construction materials Wood Alcohol Food Textiles, clothing, footwear Animals Coffee Electrical gadgets Other goods

13.1 tons 16.8 tons 256 litres 322 kg 38.8 tons 132 cubic metres 2.9 tons 322 kg 1.1 tons 43 140 kg 57 kg 10.1 tons

6. There were 157 new offence procedures initiated during the month of August and 98 were finalized. Fines and penalties amounted to 211,092 dinars. In overall volume terms, the confiscations were well in excess of the previous month and the number of new offence cases and value of penalties continue to be well above the average for the previous 12 reporting periods.


7. As of 6 October 1995, there were 206 international observers on duty in the Mission. The Mission personnel to date have come from the following countries: Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Norway, Portugal, Russian Federation, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland and United States of America. At this time, Canada, Portugal and Spain are not represented in the Mission.

8. At the beginning of September, the number of international observers was at its peak of 215. This healthy figure enabled the Sectors to increase their mobile patrols to a meaningful level. During the last week of September, 104

I ...


mobile patrols were mounted, day and night. In Sector Alpha , frequent visits to the gravel extraction beds to the north of Trbusnica, backed by the attention of the Special Police, would seem to have curtailed smuggling in that area. To the south of Zvornik, the previous regular violations around Citluk and elsewhere on the River Drina are no longer evident. In the Tara mountain region of Sector Bajina Basta, the Mission has been able to increase patrolling t o the Zaovine r eservoir and the surrounding region of Mitrovac. However, there remains scope for further effort and monitoring in Sectors Bravo and Charlie, where the area to be covered is vast. Absolute coverage is very much dependent upon the prov ision of more suitable vehicles to support the recent increase in international personnel at the Mission.

9. During the month of October, it is envisaged that all border crossingpoints will be open for traffic from 0500 to 1900 hours. Sremska Raca (Sector Belgrade) and Vilusi (Sector Charlie) will be open for truck and passenger traffic 24 hours a day. Badovinci and ~rbusnica border crossing-points (Sector Alpha) will be open 24 hours a day if necessary for the crossing of refugees .

10. During the reporting period, the operational situation within the Mission's area of responsibility has been quiet, though some of the incidents involving Mission personnel during September may have occurred because of developments in Bosnia and Herzegovina.

IV. FREEDOM OF MOVEMENT AND SECURITY OF PERSONNEL

11. The Mission continues to enjoy freedom of movement within the Federal Republic of Yugoslavia (Serbia and Montenegro). However, on 7 September, at 1758 hours, a mobile patrol team in Sector Bajina Basta was stopped by the Yugoslav Army (VJ) and told they were not allowed to conduct patrols without a military escort. The Mission patrol leader showed the Mission of the International Conference on the Former Yugoslavia the diplomatic status letter to the military personnel. The military personnel in question refused to honour the letter. The patrol team was then escorted to a nearby barracks and questioned about their patrol by the military officer in charge, who identified himself as M. Radivojivic. At that time the observers were not allowed to use the radio sets to contact their Sector Headquarters, and the Mission's vehicle was searched. The problem was resolved at 1935 hours. On 11 September, the Deputy Head of Mission raised the above-mentioned restriction of movement wi th the Director-General of the Federal Republic of Yugoslavia Customs Administration, who stated that he would take action to prevent incidents of that nature recurring.

12. On 4 September, the Mission mobile patrol going from Sector Bajina Basta to Mitrqvac/Zaovine was stopped by a policeman who acted in an aggressive and unprofessional manner . On the same day, another of the Sector's mobile patrol teams stopped at a public parking place to observe the Perucac dam. The Federal Republic of Yugoslavia police on the spot insisted that observers were not allowed to approach the dam, and ordered the team to leave. Both incidents were reported to the Police Department in Bajina Basta. The Chief of Police apologized for the behaviour of his subordinates and promised to take action. On 6 September, the Head of . Sector was informed that the above-mentioned police

I ...


teams had subsequently been replaced, and received assurances that problems of that nature would not recur.

13. On 4 September, at approximately 2000 hours, the observer team assigned to the Trbusnica border crossing-point (a bridge across the Drina River) was told by the Chief of the police team on duty that the bridge would be the target of a NATO airstrike. The Mission team leader attached little credence to the information and took no action. At 0200 hours, the Federal Republic of Yugoslavia Customs team at the border crossing-point departed. At the same time, observers witnessed the Federal Republic of Yugoslavia police dispersing all civilians in the immediate vicinity of the bridge. The Mission team leader then concluded that the fears of the local Federal Republic of Yugoslavia authorities might be soundly based. The team withdrew temporarily to the Sector Headquarters and returned to the border crossing-point at 0530 hours when the situation returned to normal.

14. On 10 September, the Sector Alpha Headquarters was informed by a security guard at the Podrinje Hotel, Banja Kovilijaca, that a local man carrying a pistol had entered the hotel restaurant shouting: "I'm going to kill everybody. They are bombing Majevica again. This is the end." The same individual damaged three of the Mission's vehicles parked in the nearby parking lot. Upon receiving this information, the Sector's Headquarters advised all Sector personnel not on duty to remain in their accommodation. The local police was notified at once but reacted reluctantly. They refused to provide additional security to the Sector's Headquarters and to personnel accommodated in the Podrinje Hotel. On 11 September, the Director-General of the Federal Customs Administration was informed of the incident. He said that the individual was well known as a member of the Serbian Radical Party and that the perpetrator would be apprehended and prosecuted. On 12 September the Chief of Police in Banja Kovilijaca stated that the individual had been arrested and the weapon confiscated .

15. On 18 September, a Sector Alpha mobile patrol stopped on the main road between Ljubovija and Mali Zvornik to monitor possible smuggling activity in the vicinity of Citluk. The observers were approached by two irate local men, who said that the patrol should not stop without a VJ escort. An attempt was made by one of the men to snatch the binoculars from the hands of the team leader. The two men and a woman tried to block the road but the patrol succeeded in departing the scene amid a flurry of blows at the vehicle, without injury being caused.


16. Cooperation with the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) continues to be good.

I ...


VI. INFORMATION RECEIVED FROM NATIONAL AND OTHER SOURCES

17. The operating principle of the Mission is to base its reporting and evaluations on its own observations and on information that it has verified. The Coordina tor of the Mission maintained a standing request to Governments possessing the technical capacity to provide it with information relevant to its mandate. The Mission has not received any such information since the last report.


18. Unarmed uniformed personnel continue to cross the border between the Fe dera l Republic of Yugoslavia (Serbia and Montenegro) and Bosnia and Herzegovina, although the number of such incidents has been declining constantly since the summer. During the reporting period, 188 uniformed personnel crossed the border at Sremska Raca (Sector Belgrade), four at Badovinci (Sector Alpha) and two at Scepan Polje (Seotor Charlie) . No one was observed crossing the border carrying a sidearm. Ac Vracenovici (Sector Charlie), on 24 September, one Bosnian Army soldier in uniform was removed from a bus that was crossing into the Federal Republic of Yugoslavia (Serbia and Montenegro); his weapon was confiscated and only then was he allowed to cross into the Federal Republic of Yugoslavia (Serbia and Montenegro).

19. Smuggling of fuel across the Drina River in Sector Alpha, which has been a problem, now seems to be contained by the Federal authorities. However, since the last report, the following incidents have been observed by the Mission. On 14 September, the Sector's patrol reported that they had observed a 7 metre-long boat crossing the Drina River from the Federal Republic of Yugoslavia (Serbia and Montenegro) to Bosnia and Herzegovina, 4 kilometres north of Trbusnica . The boat contained a number of fuel tanks and drums which were camouflaged by tree branches. Authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) were informed about the violation. On 15 September, the Sector's patrol monitored a 5 metre-long boat crossing the Drina River from the Federal Republic of Yugoslavia (Serbia and Montenegro) to the Bosnia and Herzegovina side in the area of Citluk. The boat was stacked with approximately 30 sacks, probably containing either cement or fertilizer. The incident was reported to the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro). On 22 September, Sector Alpha mobile patrol observed a 6-metre wooden boat crossing the Drina River 7 kilometres south of Mali Zvornik. The boat moored on the Bosnian side to off-load 30 crates of beer. On S October, a Mission patrol saw two males crossing to Bosnia and Herzegovina shores at Divic in a small wooden boat which was loaded with at least 20 beer crates. The VJ Liaison Officer approached the nearest Army patrol, who said that they had seen the boat being loaded but were unable to reach it before it left the bank.

20. On 30 September, a car was observed crossing the border from Bosnia and Herzegovina into the Federal Republic of Yugoslavia (Serbia and Montenegro) using a river ford 4 kilometres north of Uvac (Sector Bravo). Three VJ soldiers controlling the crossing-point let the car pass unchecked.

I . ..


21. On 21 September, a helicopter was observed crossing the border from the Federal Republic of Yugoslavia (Serbia and Montenegro) into Bosnia and Herzegovina at Scepan Polje (Sector Charlie). Probably it was the same helicopter that returned to the Federal Republic of Yugoslavia (Serbia and Montenegro) three and a half hours later crossing at Scepan Polje. On 24 September, in the same location, a low-flying helicopter was seen to cross into Bosnia and Herzegovina. The Mission Headquarters has requested an explanation of the flights from the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro), who have confirmed them as MEDEVAC flights. The Mission has no means of confirming the veracity of this information.

VIII. CERTIFICATION

22. In the light of the foregoing developments, based on the Mission's on-site observation, on the advice of the Coordinator of the Mission, Mr. T. J. Nieminen, and in the absence of any contrary information from the air, either from the airborne reconnaissance system of NATO or national technical means, the Co-Chairmen conclude that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) is continuing to meet its commitment to close the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the areas of the Republic of Bosnia and Herzegovina under the control of the Bosnian Serb forces. The Co-Chairmen also conclude that there have been no commercial transshipments across the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republic of Bosnia and Herzegovina.

UNITED NATIONS AS


Distr. GENERAL

A/50/545 S/1995/863 11 October 1995

ORIGINAL: ENGLISH

GENERAL ASSEMBLY Fiftieth session Agenda item 8 ADOPTION OF THE AGENDA AND

ORGANIZATION OF WORK


Letter dated 10 October 1995 from the Permanent Representative of Croatia to the United Nations addressed to the Secretary-General

My Government expresses its objection to the publication of any documents of the United Nations signed by Mr. Jovanovic as "Chargi d'affaires a.i. of Yugoslavia". Mr. Jovanovic is not representing a Member State of the United Nations and thus has no authority to request the publication of documents.

The designation of "Yugoslavia" as a State within the framework of the United Nations is related to the former Socialist Federal Republic of Yugoslavia, a State whose process of dissolution into five successor States was initiated on 8 October 1991, and was concluded on 27 April 1992, with the "Federal Republic of Yugoslavia (Serbia and Montenegro)" being formed as the last of the new states (European Union (EU) Arbitration Commission opinion No. 11 of 16 July 1992). The Republic of Bosnia and Herzegovina, the Republic of Croatia, the Republic of Macedonia, the Republic of Slovenia and the "Federal Republic of Yugoslavia (Serbia and Montenegro)" are all equal successors to the former Socialist Federal Republic of Yugoslavia. None of the successor States can claim to be the sole continuation of the former Socialist Federal Republic of Yugoslavia, nor can it claim for itself the membership rights in the international organizations previously enjoyed by the former Socialist Federal Republic of Yugoslavia [EU Arbitration Commission opinion No. 9]. In addition, the EU Arbitration Commission decided that the "Federal Republic of Yugoslavia (Serbia and Montenegro)" is "a new State which cannot be considered the sole successor of the Socialist Federal Republic of Yugoslavia" (Opinion No. 10).

The relevant resolutions of the Security Council (777 (1992) and 821 (1993)), and of the General Assembly (47/1), have stated clearly and unequivocally that the "State formerly known as the Socialist Federal Republic of Yugoslavia has ceased to exist", that the Federal Republic of Yugoslavia

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A/50/545 S/1995/863 English Page 2

(Serbia and Montenegro) cannot continue "automatically the membership of the former Socialist Federal Republic of Yugoslavia", and that "the Federal Republic of Yugoslavia (Serbia and Montenegro) should apply for the membership of the United Nations". Since the "Federal Republic of Yugoslavia (Serbia and Montenegro)" has not yet applied for membership in the Organization, it can only be concluded that it is not a Member State.

Further, we wish to recall that Mr. Dragomir Djokic, previous "Charge d'affaires of the Permanent Mission of Yugoslavia to the United Nations", was appointed by the then Acting Federal Secretary for Foreign Affairs of the Socialist Federal Republic of Yugoslavia, Mr. Milivoje Maksic, on 31 March 1992 - prior to the succession of the "Federal Republic of Yugoslavia (Serbia and Montenegro)" to the former Socialist Federal Republic of Yugoslavia.

In the light of this situation, and until the "Federal Republic of Yugoslavia (Serbia and Montenegro)" decides to apply and is admitted into membership of the United Nations, Mr. Djokic was being allowed to act as a representative of "Yugoslavia" within the United Nations system, since he was appointed at a time when the Socialist Federal Republic of Yugoslavia still existed as a State, by a then legitimate representative of that State. However, Mr. Jovanovic cannot be considered as a representative of any "Yugoslavia", since he was appointed by the Minister for Foreign Affairs of a country that is not a Member State of the United Nations.

I would like to request your assistance in distributing this letter as a document of the fiftieth session of the General Assembly under item 8, and of the Security Council.



UNITED NATIONS


S/1995/850 9 October 1995

s

ORIGINAL: ENGLISH

LETTER DATED 9 OCTOBER 1995 .OM--1.V CHARGE D'AFFAIRES A.I. OF THE PERMANENT MISSION OF YUGOSLAVIA TO THE UNITED NATIONS


With regard to the letters of the Ambassador of Croatia dated 6 September 1995 (S/1995/770) and 2 October 1995 (S/1995/838), upon instructions of my Government I have the honour to inform you of the following.

The Croatian forces have on several occasions launched attacks on the territory of the Federal Republic of Yugoslavia. Their aim was to provoke the Army of Yugoslavia and subsequently portray the Yugoslav side as an aggressor engaged in the military activities on this part of the border. The statement by the Ambassador of Croatia "that the Croatian Army units did not launch any attack on the territory of the Federal Republic of Yugoslavia (Serbia and Montenegro) neither on 28 August 1995 nor at any time before or after that date", is absolutely untrue and a feeble attempt by Croatia to evade responsibility for its aggressive acts.

The administrative borders among the republics of the former Socialist Federal Republic of Yugoslavia have never been precisely delineated on the ground which makes it possible for all secessionist Yugoslav republics to interpret them in an arbitrary fashion. It is quite evident that this is exactly what the Croatian authorities are doing with regard to their latest attack on the territory of the Federal Republic of Yugoslavia. The cadastre borders between the counties of Sitnica in the Federal Republic of Yugoslavia and the neighbouring Croatian counti;s are shown in the map, attached hereto. Despite the fact that the disputed areas of Gusarska Jama and Prasne Rupe are located on the very border between the Republic of Srpska and the Federal Republic of Yugoslavia, it is quite clear from the map that the Croatian shells fired from positions of Cesmina Glava (marked by a circle in the map) fell well into the territory of the Federal Republic of Yugoslavia, at points marked by triangles. The township of Kozarske Jame as shown in the Croatian map does not exist. That locality has been known as Gusarska Jama.

I •••


I should be grateful if you would have the present letter circulated as a document of the Security Council .



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UNITED NATIONS

General Assembly Distr . GENERAL

A/50/530 9 October 1995

A

ORIGINAL: ENGLISH

Fiftieth session Agenda item 9

GENERAL DEBATE

Letter dated 6 October 1995 from ) the Charge d'affaires a.i. of the Permanent Mission of Yugoslavia tb the United Nations addressed to

the Secretary-General

Upon instructions of my Government, I have the honour to write to you in connection with the statement made in the general debate by Dr. Laszlo Kovacs, Minister for Foreign Affairs of the Republic of Hungary, on 28 September 1995.

Since the statement presents a distorted picture of the situation in the Federal Republic of Yugoslavia concerning the position of national minorities, including Hungarian, it is necessary, for the sake of truth, to point out the following .

The Foreign Minister found it necessary to express grave concern over " the settlement of refugees in new areas traditionally inhabited by other national minorities in order to change their century-old ethnic composition ... " and even went as far as to suggest that forcible means and intimidation were used against the Croat and Hungarian minorities in Vojvodina, an autonomous province of the Republic of Serbia .

To allege that any form of pressure has been used against minorities in the Federal Republic of Yugoslavia, including Hungarian, is totally baseless. All minorities in the Federal Republic of Yugoslavia enjoy the same rights as other citizens of Yugoslavia, without any discrimination whatsoever. They are entitled to additional protection on the basis of specific minority rights, which by far exceed the highest standards of the Organization for Security and Cooperation in Europe (OSCE) . Those are guaranteed by the Constitutions of the Federal Republic of Yugoslavia and both of its constituent republics, Serbia and Montenegro .

There have been some instances of intimidation by individuals against members of national minorities but those were isolated cases which were strongly

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condemned by the Yugoslav Government, which undertook vigorous measures against the perpetrators.

While the Foreign Minister, as Chairman-in-Office of OSCE, singled out the alleged problems in connection with the settlement of refugees in the Federal Republic of Yugoslavia, unfortunately he failed to address the causes of that problem and condemn the Croatian aggression against Krajina and the grave violations of humanitarian law committed against the Serb people almost all of whom were forced to flee from their ancestral homes and denied a right to return. Had Hungary and other international factors exerted their influence on Croatia, there would not have been any need for the Serbs to flee and be resettled in the territory of the Federal Republic of Yugoslavia. The resolution of the problem is not in blaming Yugoslavia for being generous towards its fellow-countrymen in distress but in urging Croatia to respect the fundamental human rights of Serbs and allow all refugees to return to their homeland.

As far as the settlement of the refugees is concerned, it is a sovereign right of any State to decide, depending on available resources, where in its territory to settle them. My Government is doing its utmost under the circumstances (economic hardships brought about by the harsh sanctions regime; a heavy burden of half a million refugees already cared for since the onset of the Yugoslav crisis and the hostilities and war in its neighbourhood) to provide adequate accommodation and care for more than 200,000 refugees recently expelled from Krajina.

The Yugoslav Government expresses the hope that Hungary as a neighbour country and Chairman-in-Office of the OSCE will come to realize that only the treatment of Yugoslavia as an equal partner would be conducive to a speedy resolution of the conflict and achieving a lasting peace.

I should be grateful if you would have the present letter circulated as an official document of the General Assembly under agenda item 9 .



UNITED NATIONS


S/PRST/1995/50 6 October 1995

ORIGINAL: ENGLISH

STATEMENT BY THE PRESIDENT OF THE SECURITY COUNCIL

At the 3585th meeting of the Security Council, held on 6 October 1995, in connection with the Council's consideration of the item entitled "The situation in the former Yugoslavia" the President of the Security Council made the following statement on behalf of the Council:

"The Security Council welcomes the 5 October 1995 agreement by the Bosnian parties to a cease-fire, including by terminating all hostile military activities throughout the territory of the Republic of Bosnia and Herzegovina, as of 10 October 1995 provided that full gas and electrical utility service is restored to Sarajevo. It welcomes all efforts to restore such service and calls upon the parties to cooperate fully with such efforts. The Security Council urges the parties fully to comply with all provisions in the cease-fire agreement once they come into effect.

"The Security Council also welcomes the decision of the Governments of the Republic of Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia (Serbia and Montenegro} to attend proximity · peace talks by the end of this month, to be followed by a peace conf.erence. It reiterates that there can be no military solution to the conflict in the Republic of Bosnia and Herzegovina, and strongly urges the parties to negotiate in good faith on the basis of the Geneva Declarations of Principles of 8 September 1995 (S/1995/780, annex II}, and the Further Agreed Principles of 26 September 1995.

"The Security Council also welcomes the 3 October 1995 agreement by the Government of the Republic of Croatia and the local Croatian Serb authorities in eastern Slavonia to Guiding Basic Principles for Negotiations. It strongly urges both parties to negotiate in good faith towards a peaceful final settlement to the conflict consistent with the Council's resolutions . "

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UNITED NATIONS


A/50/508 4 October 1995

A

ORIGINAL: ENGLISH

Fiftieth session Ag enda item 9

GENERAL DEBATE

Letter dated 3 October 1995 from the Charge d'affaires a.i. of the Permanent Mission of Yugoslavia to the United Nations


In his statement made on 29 September 1995 in the general debate of the fiftieth session of the United Nations General Assembly (see A/50/PV.13), the Minister for Foreign Affairs of Croatia, Mr. Mate Granic, on several occasions c ondemned "the Serbian aggression" and stated that it was the underlying cause of the crisis in south-east Europe . Such an assessment is an insidious, unacceptable and ill-intentioned attempt by Croatia to mask its own aggression and vicious genocide that it has carried out against the Krajina Serbs.

Following the illegal secession of the Republic of Croatia from the Socialist Federal Republic of Yugoslavia, the Serbs in the Krajina had no choice but to resort to self-defence and resist Croat attempts to have their status reduced to one of a national minority. All the more so since the Croatian authorities reinstated the state symbols and insignia of the notorious Fascist puppet "Independent State of Croatia" from the Second World War period, which was responsible for the genocide and the deaths of hundreds of thousands of Serbs.

Ever since the proclamation of independence, the Tudjman Government was intent on eliminating the Serbs from the Kra j ina and Croatia in general. By a policy of v iol ence, harassment and intimidation, more than 300,000 Serbs were ethnically cleansed from the territory of Croatia. As though that were not enough, in August 1995, Croatia launched a merciless bombardment of cities and other civilian targets as part of a frontal attack on the Krajina, which triggered a mass exodus of 200,000 Serbs to Bosnia and Herzegovina and the Federal Republic of Yugoslavia .

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By resisting the efforts of the Government of Croatia t o ethnical ly cleanse them and effectively eliminate them from the Krajina, the Krajina Serbs were certainly not committing aggression but rather defending their ancestral homes and their legitimate right to remain there. It is particularly outrageous that Croatia should blame the Serbs for aggression when it is quite clear that the regular army of Croatia has been guilty of horrendous atrocities committed in western Slavonia, the Krajina and Bosnia and Herzegovina, which have resulted in the slaughter of thousands of Serbs and the burning and looting of their homes. Determined not to allow the Krajina Serbs to return to their homes, the Government of Croatia recently adopted a decree that effectively deprives the Serbs of their property rights.

If the term "Serbian aggression" has been used to define the activities of the Yugoslav People's Army (JNA) in the period preceding the recognition of Croatia as an independent State, it should be noted that the JNA was acting against the rebellious Republic of Croatia in full compliance with the Constitution in order to protect the sovereignty and the territorial integrity of the Socialist Federal Republic of Yugoslavia.

I should be grateful if you would have the present letter c i rculated as an official document of the General Assembly under agenda item 9 .


Charge d'affaires a.i .

From: SLUZBR PRSK BGD PHONE ~h

~~ IJct. 09 1995 11: 43Al1 P01.

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REPUBLIC OP SERBIAN KRAJINA PRES1DENT

EXECUTIVE OFFICE OF THE SECRETARY-GENERAL

OCT I O 1995 Banj~ Luka, 4 Octoher 199.S

EOSG/CENTRAL ExcelJency,

l)v_Q 1:rio11th_s tm__v1/ pas_scci _sit1cc thc _(::19?ti~11_1-tgg!'~'>si<!i:t _ !!&~!!1_s!_l~': w~~~_cp1 E~!:_ts C?f .~!?:~-- Republic of Serhi.m Krnjina. Within this period the Croatian mHitary and polic~. have clcnnsed almost nll Serbs from 1hei1~ ancestral land and systematkally destroyed all the traces of the existence of the Serbian people. Hy burning down, pillaging and destroying Scrb,an property every day, by killing and expelling the remaining Serbian civilians whose average age is over 60 years and forcibly moving Croats into Serbian homes, contrary lo the elementary civilizational norms, the Croatian authorities are doing everything lo prevent the return of Serbs to the Republic of Serbian Krajina.

··• As you know, these cr.imes behind which is a pre-planned policy of Zagreb, arc being reported by all international humanitarian orgunizations, os well as by United Nations rcpre.sentative.s in the area, wherehy abundant evidence is provided that entire settlements in which Serbs once Hved are being erased from the face of the earth by the Croatian military. Unfortunately, except ~~-~:£~I X~J2.ri_~na1Jd~, _the int~tnational community has done nothing to prevem and puJJish th~ ttln:,dties of the Crootiu11 authorities. We cannot but recall the concern and attention this very s,ime inteniational community accorded lhl; events around Dihac, Srcbrenica and Gorazdc and its speed and efficiency in punishing the Serbs for the crimes committed by the Muslims. We cannot but conclude that because of its luk~warm attitude towards the Croatian criminal policy, t!1e international

_co_m!}rnnity itself. is t~~~~& J>.cl!~ .!!} !~~-_eth11i~ -~l_ean~JJ~ ~!:lrrecedcnted in recent history.

H.E.MR. BOUTROS BOUTROS-GHALI SECRETARY-GENERAL UNITED NAT(ONS NEW YORK, N.Y. 10017

From SLUZBR PRSK BGD PHONE 1--lo. 669822 Oct.0'3 1'3'35 11:44Rl1 P02

- 2 -

Excellency,

In the year when we are marking the 50the anniversary of the United Nations, the world cannot and must not rcmnin blind nnd indifferent to the brutal crimes committed by the Croatian authorities in the Republic of Serbian Krajjna. These crimes bring into question not only the purpose of the existence of the United Nations, but also of ~ntire hurnan civilization. We ore convinced that the United Nations has the mechanisms to prevent Croatia in its attempt to erase the traces of the l~xistence of an entire people and of its culture which has been created over centuries and to mete out condign punishment for the crimes it has committed. Otherwise, we shall be left no other choice but to fight with all available means, even if the fight is to last for years and decades, to win our rights back and enahle our people to return to its ancestral land.

Excellency,

I calJ on you once again to invest. nrnximum e.ff orl .u,d pledge your authority and c1.1nsi!>tent devotion to peace and respect for basic human rights to influencing the adoption of such decisions in the Security Council as would be an approprjate response to Croatia's fascist policy.

Accept, Excellency, the assurances of my highest consideration.

UNITED NATIONS


S/1995/838 3 October 1995

s

ORIGINAL: ENGLISH

LETTER DATED 2 OCTOBER 1995 FROM THE PERMANENT REPRESENTATIVE OF CROATIA TO THE UNITED NATIONS ADDRESSED TO THE PRESIDENT

OF THE SECURITY COUNCIL

Upon instructions from my Government, I should like to draw your attention to documents S/1995/831, S/1995/832 and S/1995/833, containing letters dated 28 September 1995, 28 September 1995, and 27 September 1995, respectively, signed "Vladislav Jovanovic, Ambassador, Charge d'affaires a.i." of the "Permanent Mission of .Yugoslavia to the United Nations".

1. My Government wishes to reiterate its objection to the publication of the above letters as documents of the United Nations, as stated previously on the occasion of the publication of letters signed by Mr. Bratislav Djordjevic (A/50/333-S/1995/659). Mr. Jovanovic does not represent a Member State of the United Nations and thus has no authority to request publication of documents.

The designation of "Yugoslavia" as a State within the framework of the United Nations is related to the former Socialist Federal Republic of Yugoslavia (SFRY), a State whose process of dissolution into five successor States was initiated on 8 October 1991, and terminated on 29 April 1992. The Republic of Bosnia and Herzegovina, the Republic of Croatia, the Republic of Macedonia and the Republic of Slovenia are all equal successors to the former Socialist Federal Republic of Yugoslavia, along with the remaining Republics of Serbia and Montenegro, which have formed a federal State that they call the Federal Republic of Yugoslavia.

The relevant resolutions of the Security Council (777 (1992) and 821 (1993)) and of the General Assembly (47/1) of 19 September 1992, have stated clearly and unequivocally that the "State formerly known as the Socialist Federal Republic of Yugoslavia has ceased to exist", that "the Federal Republic of Yugoslavia (Serbia and Montenegro) cannot continue automatically the membership of the former socialist Federal Republic of Yugoslavia" and that "the Federal Republic of Yugoslavia (Serbia and Montenegro) should apply for membership of the United Nations" . Since the "Federal Republic of Yugoslavia (Serbia and Montenegro)" has not yet applied for membership in the Organization, it can only be concluded that it is not a Member State.

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We wish to recall that Mr. Dragomir Djokic, the previous "Charge d'affaires of the Permanent Mission of Yugoslavia to the United Nations", was appointed by the then Acting Federal Secretary for Foreign Affairs of the Socialist Federal Republic of Yugoslavia, Mr. Milivoje Maksic, on 31 March 1992 - during the period while the process of dissolution of the former common State was still going on.

Although the former Socialist Federal Republic of Yugoslavia has ceased to exist, it has been allowed to continue to perform some of the functions of a United Nations Member State and its old flag still flies the mast at the United Nations. In view of this situation, until Serbia and Montenegro are admitted into membership of the United Nations, Mr. Djokic was being allowed to act as a representative of "Yugoslavia" within the United Nations system, since he was appointed at a time when the Socialist Federal Republic of Yugoslavia still existed as a State, by a then legitimate representative of that State. However, Mr. Jovanovic cannot be considered a representative of any "Yugoslavia", since he was appointed by the Minister for Foreign Affairs of a country that is not a Member State of the United Nations.

2. Further, the letter dated 28 September 1995 (S/1995/831) implies that the Republic of Croatia is not abiding by the Security Council resolution 752 (1992). The letter quotes the demand contained in that resolution that "all troops from outside Bosnia and Herzegovina be withdrawn from Bosnia and Herzegovina". However, the resolution is quoted inaccurately, since it states, in its paragraph 4, that it "demands that those units of the Yugoslav People's Army and elements of the Croatian Army now in Bosnia and Herzegovina must either be withdrawn, or be subject to the authority of the Government of Bosnia and Herzegovina, or be disbanded and disarmed with their weapons placed under effective international monitoring".

As stated in the statement of my Foreign Minister (S/1995/812, annex), elements of the Croatian Army are present in the Republic of Bosnia and Herzegovina, but are subject to a bilateral treaty between the two Governments. Thus they are subject to the authority of the Government of the Republic/ Federation of Bosnia and Herzegovina . Therefore, the requirements of resolution 752 (1992) are fulfilled.

My Government welcomes the statement from the letter stating that "the 'Federal Republic of Yugoslavia (Serbia and Montenegro)' was only constituted a year after" the conflict began, thus clearly confirming that this new "Yugoslavia" is in earnest a new international legal entity, notwithstanding the fact that it is one of the five successor States to the former common State, the Social-ist Federal Republic of Yugoslavia. This clarification should facilitate the conclusion of the negotiations on the succession issue.

3. With regard to the letter dated 28 September 1995 (S/1995/832), claiming that the Croatian Army has attacked the territory of the "Federal Republic of Yugoslavia (Serbia and Mont.enegro) ", by opening fire from the location of Cesmina Glava towards the positions of the "Army of Yugoslavia" at the location of Prasna Rupa, I would like to recall the Croatian position set forth in the letter dated 6 September 1995 (S/1995/770i and the map enclosed in that letter, from which it is visible that the location in question - claimed to be inside

I . ..


the territory of the "Federal Republic of Yugoslavia (Serbia and Montenegro)" -is actually located approximately 1,100 metres inside the territory of the Republic of Bosnia and Herzegovina. This once again confirms that the authorities of the "Federal Republic of Yugoslavia (Serbia and Montenegro)" lay claim to the t erritory of other Member States. It further confirms that regular units of the "Army of Yugoslavia" are present on the territory of the Republic of Bosnia and Herzegovina, in clear violation of both Security Council resolution 752 (1992) and resolutions 943 (1994), 970 (1995), 988 (1995) and 1015 (1995).

4. With regard to the letter dated 27 September 1995 (S/1995/833), I would like to reiterate the statement made by my Foreign Minister on 20 September 1995 (S/1995/812, annex) with regard to the joint Croatian-Bosnian military operations in the western part of the Republic of Bosnia and Herzegovina.

I would kindly request your assistance in circulating the present letter as a document of the Security Council.



UNITED NATIONS


S/1995/833

s

29 September 1995

ORIGINAL: ENGLISH

LETTER DATED 27 SEPTEMBER 1995 FROM THE CHARGE D'AFFAIRES A.I. OF THE PERMANENT MISSION OF YUGOSLAVIA TO THE UNITED NATIONS


Upon instructions of my Government, I am writing to inform you of the following.

According to the Reuters news agency, Croatian troops opened fire on the refugee convoy near the town of Bosanski Novi, killing 47 Serb civilians . Reuters TV filmed 18 corpses, including those of women and children, riddled with bullets . The victims were aged between 12 and 72. As stated by United Nations sources and reported by Reuters, regular troops of Croatia entered 50 kilometres into the territory of the Republic of Srpska and killed those refugees. The current Croat-Muslim offensive, in which 60,000 soldiers of the regular Croatian army have been engaged, has resulted in the expulsion of 150,000 Serbs from north-western and central Bosnia.

The Government of the Federal Republic of Yugoslavia reiterates that the latest tragic exodus of the Serbs, following the mass flight of Serbs from Krajina, constitutes an unprecedented act of genocide.


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UNITED NATIONS


S/1995/832

s

29 September 1995

ORIGINAL: ENGLISH

LETTER DATED 28 SEPTEMBER 1995 FROM THE CHARGE D'AFFAIRES A.I. OF THE PERMANENT MISSION O YUGOSLAVIA TO THE UNITED NATIONS


Upon instructions of my Government, I am writing to inform you of the following.

On 25 September 1995, at 3.10 p.m., the Croatian Army launched two shells and, at 3.30 p.m., opened fire from a 20-millimetre anti-aircraft gun from the position of Cesmina Glava against the positions of the Army of Yugoslavia in the area of Prasna Rupa in the territory of the Federal Republic of Yugoslavia.

There were no casualties and the Yugoslav side did not return fire.

The Government of the Federal Republic of Yugoslavia again warns the Security Council of the grave consequences that may arise from the repeated criminal acts of Croatia against the territorial integrity of the Federal Republic of Yugoslavia and expects the Security Council to undertake urgent and adequate measures in order to prevent Croatia from further military actions against the Federal Republic of Yugoslavia.


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I UNITED NATIONS

Security Council Dist. GENERAL

S/1995/831

s

29 September 1995

ORIGINAL: ENGLISH


ADDRESSED TO THE PRESID NT OF THE SECURITY COUNCIL

Upon instructions of my Government, I am writing to you concerning the letter of the Croatian Foreign Minister addressed to you on 20 September 1995 (S/1995/812) and wish to state the following.

1. By that letter, Mr. Granic publicly acknowledged that the Croatian regular army has been actively engaged in the military operations within (the internationally recognized borders of) Bosnia and Herzegovina. In an attempt to justify the presence of the Croatian army in Bosnia and Herzegovina by a bilateral agreement with the Bosnian Muslim leadership, Mr. Granic derogates the validity of the Security Council resolutions, particularly resolution 752 (1992), which contains an explicit demand that all troops from outside Bosnia and Herzegovina be withdrawn from Bosnia and Herzegovina. Since no unilateral act or bilateral agreement can derogate the resolutions of the security Council, which under the Charter of the United Nations has the primary responsibility for maintenance of peace and security, the Yugoslav Government demands from the Security Council to be informed if it considers the above resolution still valid. Consequently, the Security Council has the obligation to undertake effective measures to ensure Croatia's compliance with the provisions set out in that resolution. By further tolerating the violations of its own resolutions and punishing only one side in the conflict in Bosnia and Herzegovina, the Security Council challenges its own credibility in the political resolution of the Bosnian crisis.

2. Massive military engagement of the Croatian army in Bosnia and Herzegovina can in no way mean "solution". It is not only in direct contravention of the security Council resolutions, resolution 752 (1992) in particular, but also further aggravates the situation and significantly diminishes the prospects for a positive outcome of the ongoing peace process in Bosnia.

3. ·rt is well known what the real reasons are that the Serbs in Krajina have resorted to self-defence. The resistance of the Serb people towards the new Croatian State, as a cor.~inuation of the notorious "Independent State of Croatia" in which the Serb people were subjected to genocide, is an authentic expression of their legitimate rights and demands which were denied only to the Serb people. Furthermore, the decision that the Yugoslav People's Army (JNA)

95-29305 (E) 290995 300995 I • ••


should undertake measures against the rebellious Republic of Croatia, which was determined to secede illegally and unconstitutionally, was made by the legitimate authorities of the Socialist Federal Republic of Yugoslavia in accordance with the right of any sovereign and independent State to take all necessary actions in order to preserve its territorial integrity. Consequently, it is outrageous that Mr. Granic has accused the Federal Republic of Yugoslavia for "the occupation of the Vukovar region", since the Federal Republic of Yugoslavia was only constituted a year after the authentic drive of the Serb people of the region to protect their legitimate rights.

4. Croatian massive military engagement in Bosnia and Herzegovina represents a striking example of the foreign military intervention, in direct contravention of the Charter and the relevant Security Council resolutions. Furthermore, such unlawful behaviour is coupled with consistent denial of all rights of the Serb people just for being Serbs. Horrendous . atrocities committed by the regular army of Croatia in Western Slavonia and Krajina which resulted in the slaughter of thousands of Serbs, the looting and burning of Serb houses and the expulsion of about 500,000 of them from their ancestral homes, have proved that the main Croatian political goal is to establish an ethnically pure State. Such a policy of genocide is well known in recent European history, but then it was universally condemned and its perpetrators were justly punished. Unfortunately, the Croatian leadership is pursuing the same policy today and is not only not punished but not even condemned.

A country that resorts to State terror against a people just for being of different national and religious background, contrary to international human rights instruments, does not have any right to raise the issue of sanctions against other States.

The Government of the Federal Republic of Yugoslavia expects the Security Council to overcome its previous shortcomings and to undertake resolute and urgent measures in line with its competencies in order to ensure full compliance with its resolutions by Croatia, for the sake of the peaceful and comprehensive resolution of the crisis in the territories of the former Yugoslavia.




FOR INFORMATION OF UNITED NATIONS SECRETARIAT ONLY Not for Distribution or Dissemination

28 September 1995

PRESS CONFERENCE BY FOREIGN MINISTER OF FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)

The Minister for Foreign Affairs of the Federal Republic of Yugoslavia (Serbia and Montenegro), Milan Milutinovic, held a press conference at Headquarters late Wednesday afternoon, following what he described as Tuesday's "important and delicate negotiations" aimed at setting up the constitutional architecture for a single state in Bosnia and Herzegovina.

/

Mr. Milutinovic said Tuesday's negotiations had ended very successfully, and he was most satisfied with the agreement. The final document might have been more detailed, but the parties had achieved what was within their power . He felt that they had come through a very significant phase of the whole peace process and reached a basic arrangement. The next step was total and unlimited cessation of hostilities, which should be followed at once by the peace conference envisaged in the agreement. His own country was ready to move immediately .

A correspondent, referring to reports within the past 24 hours of crossborder firing involving all parties in Bosnia and Herzegovina, suggested that the cessation of hostilities agreement was nowhere getting under way. Mr. Milutinovic replied that the Federal Republic of Yugoslavia did not control the situation on the ground in Bosnia and Herzegovina . The situation there remained terrifying, with provocations coming sometimes from one side, sometimes the other. What the world was seeing was the consequence of the North Atlantic Treaty Organization (NATO) air strikes against western Bosnia, as well as of the Muslim and Croat offensive there.

There were so many warlords in the region eager to exploit the situation for eleventh-hour gains before the projected conference began, he continued. All such activity had to be stopped, permanently and throughout Bosnia and Herzegovina -- and not just to advance a new set of preconditions. Of course, some kind of political framework was needed for the cessation of hostilities agreement. It would have to be arranged in the next week or so. After that, the generals on the ground would work out the technicalities.

Asked if he had made it clear to the Foreign Minister of Croatia that a Croatian military intervention in eastern Slavonia would bring a military response from the Federal Republic of Yugoslavia, Mr. Milutinovic said that his country would like to settle the problem of eastern Slavonia peacefully and soon, with the support and involvement of the international community and with some kind of guarantees. But three sides would be involved in any negotiations over eastern Slavonia: the Croatian authorities; the Serbs in eastern Slavonia; and the Federal Republic of Yugoslavia. And the latter had

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Yugos l avia Brief ing - 2 - 28 September 1995

to discuss wi th Croatia the whole complex spectrum of relations between Croatia and Serbia, wh i ch were of course crucial to the resolution of all question s in the area - - includ ing t hat of eastern Slavonia. However, milita ry a c ti on wou ld be out o f p l ace , and the response to any such action woul d be appropriate. There was no need fo r such a development. Eastern Slavonia was a part of the peace package known as the Vance Plan, and his country would l ike to see the peace process clearly brought full circle . Everythin g had started in Bosnia. It had to be finished by Bosnia .

A correspondent said he understood that the Russian Federation wanted sanctions a ga i ns t the Federal Republic of Yugoslavia to be lifted at the coming conferen ce. He a s ke d if Mr. Mi lut i novic had discussed the ending of the s a nct ions regime with a nyon e from the Eu r opean Union at Tuesday's meeting. The Foreign Minister s ai o t hat the question had indeed been discussed, but that there were still d i vergen t op inions on exactly how to approach the suspen sion or l ift ing of sanctions a f ter i mplementation of the agreement . That, too, was part o f the package agreed on at Tuesday's meeting .

A correspondent said that the Tuesday agreement appeared to be "full of holes" and ignor ed important constitutional issues, such as the number of members of the proposed Presiden cy in the single Bosnian state and the conditions for the hol d ing of e l ections , with the Bosnian Prime Minister insisting on e xtradition of accused war criminals before e l ect i ons could be held . Was the agreement workable? he asked . Mr. Milutinovic answered that it was; many of those questions were essentially technicalities whose resolution would depend on mutually agreed "numbers juggling" . There were no "holes" in the agreement, as a careful reading of the document would confirm . The parties had agreed on "a thin roof over two entities". The basis for that tenuous overarching constitutional arrangement was the complete equality of the two entities. That being the case, there were "no holes" in Tuesday's agreement .

A correspondent cited suspicions that the agreement was "smoke and mirrors", that no overarching Parliament could possibly work, and that essentially the agreement would lead to the partition of Bosnia . The Foreign Minister replied that he could not predict the future, but he reiterated that it had been decided yesterday to place a "very thin roof" over the two entities in Bosnia and Herzegovina . What was envisaged was a sort of loose confederation of the two entities, the Muslim-Croat federation established by the Was h i ngton Agreement , a nd t he Repub l i ka Srpska . Neither entity was internat i onally recogni zed so surely the new plan for confederation implied that the situat i on created by the agr eement was less "full of ho 7 ~s " than heretofore .

I n another reference to eas t ern Slavonia, the same correspondent cited reports from dip l omats to t h e effect that Croatia was ready to take back eastern Slavonia by force. Was the Federal Republic of Yugoslavia prepared in such an event to defend eastern Slavonia militarily? "Yes and no", said Mr .

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Yugoslavia Briefing - 3 - 28 September 1995

Milutinovic. A knowledge of the history and geography of the region should make it plain that it was "not necessary to be directly involved to finish the job" .

Asked how he intended to address the Bosnian Government's stipulation that war criminals be extradited before elections could begin, the Foreign Minister asked why he should be expected to resolve that question. The International Court of Justice at The Hague was a "one-sided court". There were no innocent sides in civil war, but atrocities had been committed on both sides . Although the Court had stated its intention of seeking the guilty on both sides, it was a fact that only Serbs were being accused.

Continuing, he asked what the Court proposed doing about the 3,000 Serbs killed in western Slavonia, the aerial bombing of Serbs, and the expulsion of 250,000 Serbs from the Krajina . His country was not afraid of the Court. All the evidence of atrocities committed, of mass graves and so forth, had been scrupulously recorded . But the Court had to arraign everyone who had made the present situation possible, which meant everyone who had supported the dismantling of Yugoslavia . He added that the constitutions of many countries specifically prohibited the extradition of their citizens . That would also be a limitation for his country .

A correspondent noted that Tuesday's agreement contained no mechanism to inhibit the Republika Srpska from seceding and "making of Yugoslavia a Greater Serbia" . If the Republika Srpska wanted to secede to Yugoslavia, how would he react? Mr . Milutinovic answered that a decision would be made when the Bosnian Serbs expressed such a desire, but the notion of "Greater Serbia" was a nineteenth-century invention which the Federal Republic of Yugoslavia had categorically rejected. Its constitution clearly stated that it had no territorial claims whatsoever and that its present borders should remain as they were.

If a Greater Serbia was the aim, Mr . Milutinovic asked, why should the Serbs now be withdrawing so regularly? He suggested the media might ask about Greater Albania or Greater Macedonia rather than Greater Serbia. But of course the Geneva agreement clearly entitled the Republika Srpska to secede or establish its own relations with any neighbouring country. Whether its leaders exercised that right depended on them, and of course on Yugoslavia as well.

Asked what was the single most difficult issue to emerge in hammering out the agreemenr, he said there had been no difficulties . Even the question of possible Bosnian Serb secession had not presented a problem. The MuslimCroat federation had the right, according to the Geneva agreement, to be in confederation with Croatia . The same right existed for confederation with the Federal Republic of Yugoslavia. That did not mean that anyone had to secede from anything . When the dismantling of Yugoslavia began, no one had asked why Slov enia or Croatia had seceded and no one had asked why an imposed referendum

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Yugoslavia Briefing - 4 - 2 8 September 1995

in Bosnia and Herzegovina had caused another violent secession . Why this concern about secession now? he asked. It was, moreover, for the Bosnian Serbs to decide if they wished to secede . If they wished to join the Federal Republic of Yugoslavia, however, two wills, not one, would be required. If the two wills coincided, it would .come about.

A correspondent asked if there had been a misunderstanding at resterday's meeting over the form of future elections . Had the parties indeed agreed on direct popular elections, as had been reported? Yes, said Mr . Milutinovic, his Government was for free elections as soon as possible, but internally, inside each entity in Bosnia and Herzegovina. Otherwise, the achievements of the conference would be neutralized.

Asked what kinds of peace-implementation arrangements he envisaged in the wake of the agreement, Mr. Milutinovic said there were many possibilities, such as "NATO plus the Russians", a United Nations umbrella, or special multinational forces. But the exact configuration would be unimportant once a just and lasting peace was in place and all sides were satisfied.

A correspondent asked if the agreement would be satisfying to Greece, Bulgaria, the Russian Federation, Turkey and other neighbouring States. The Foreign Minister said that he could not answer for those countries, but the sanctions regime was inflicting tremendous damage throughout the region . Everybody had to be happy at the prospect of peace at the heart of the area .

A correspondent pressed the Foreign Minister to concede that while the Geneva Agreement gave the Republika Srpska the right to enter a confederation with any other government, it did not specifically give it the right to secede. Mr. Milutinovic replied that that was "the art of this document " . It made no mention of the right to secede. From another standpoint, that meant that what was not prohibited was allowed. The reader could choose .

Asked if there was a nearing of positions between Yugoslavia and Croatia on the time frame for the peaceful reintegration of eastern Slavonia to Croatia, he said he believed it would take about two years.

To a correspondent who asked whether it was his Government's position that an amnesty was a necessary condition for a final peace settlement, he said that he had never considered the idea, but that it seemed a good one to him. He would give it careful thought .

Asked about his discussions yesterday with the President of the European Union, he said the talks had been useful. He had been asked for his preliminary opinion on European proposals for the reconstruction of Bosnia and Herzegovina, which would proceed along three fronts : the reconstruction of infrastructure and material destroyed by war; the refugee question; and the possible affiliation of Bosnia and Herzegovina and other States of the region to the European Union. Such an affiliation promise d to be complex, given the

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Yugoslavia Briefing - 5 - 28 September 1995

number of candidates already crowding in the wings of the European Union. But rebuilding what had been destroyed was straightforward; it did not matter in which territory destruction had taken place. However, the refugee question would be an enormous problem, and there was clear danger that it might be politicized.

Asked how he saw the final configuration of the territorial map -- for example, possible exchanges of territory, abandonment of Gorazde, widening of the Posavina corridor -- he said that the map had been discussed in general rather than specific terms. Principles such as compactness and validity of territory, rather than "square metre by square metre" questions had been discussed. The parameters for territory would remain at 51:49. The criteria of quality and quantity would have to be matched, with careful assessment of such factors as the relative aridity or fertility of territory and the presence of manufacturing or educational centres. Those were the terms in which the map issue would have to be worked out. The real problem, would be the last one -- the implementation of forces. That was not a problem from the Yugoslav side, but who knew how the international community would approach the issue?

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UNITED NATIONS


S/1995/814

s

21 September 1995

ORIGINAL: ENGLISH

LETTER DATED 21 SEPTEMBER 1995 FROM THE CHARGE D'AFFAIRES A.I . OF THE PERMANENT MISSION OF YUGOSLAVIA TO THE UNITED NATIONS


Upon instructions of my Government, I wish to lodge a strong protest of the Government of the Federal Republic of Yugoslavia over the repeated aggressive actions of the army of Croatia against the territorial integrity of the Federal Republic of Yugoslavia.

According to information of the Army of Yugoslavia, on 19 September 1995 at 7.25 p.m., the Croatian army fired twice from a 20-mm anti-aircraft gun from the area of Cesmina Glava against the positions of the Army of Yugoslavia in the area of Sitnica village, 12 kilometres north-west of Herceg Novi. There were no casualties and the Yugoslav side did not respond.

The Government of the Federal Republic of Yugoslavia has repeatedly warned of the possibly very serious consequences that may arise from frequent military provocations by Croatia and urges the Security Council to take adequate measures in order to prevent Croatia's further aggressive acts.


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(Signed) Dragomir DJOKIC Ambassador


UNITED NATIONS


S/1995/809

s

20 September 1995

ORIGINAL: ENGLISH



Upon instructions of my Government, I once again wish to inform the Security Council and express the Federal Republic of Yugoslavia's strong protest and indignation because of further unprovoked attacks by Croatia against the territory of the Federal Republic of Yugoslavia.

The Army of Yugoslavia reported that on 14 September 1995 the Croatian forces deployed in the region of Cesmina Glava launched five shells from a 20-mm anti-aircraft gun at the region of Gusarska Jama, about 300 metres inside the territory of the Federal Republic of Yugoslavia.

On 18 September 1995, at 12.40 p.m., the Croatian Army fired two sniper bullets, which fell 250 metres inside the territory of the Federal Republic of Yugoslavia , north-east of Borovik. On both occasions, there were no casualtieS! and the Yugoslav side did not respond.

The Government of the Federal Republic of Yugoslavia again warns the Security Council of the dangerous consequences that may arise from the repeated practice of violations of the territory of the Federal Republic of Yugoslavia by the Croatian Army and calls upon the Security Council to undertake urgent and resolute measures in order to halt further military actions by Croatia against the Federal Republic of Yugoslavia.


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I llllll 111111111111111 1111111111 1111111111111 210995



UNITED NATIONS


S/1995/804

s

18 September 1995

ORIGINAL: ENGLISH

LETTER DATED 18 SEPTEMBER 1995 FROM THE SECRETARY-GENERAL ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL

I have the honour to communicate to you, and through you to the members of the Security Council, certain observations following an in-depth review of the situation in Bosnia and Herzegovina which I conducted on 16 September 1995 with my senior advisers, including the United Nations Co-Chairman of the Steering Committee of the International Conference on the Former Yugoslavia, my Special Representative for the Former Yugoslavia and the Deputy Force Commander of the United Nations Peace- Forces there .

I warmly welcome the current initiative undertaken by the Government of the United States of America. The agreement concluded on 8 September 1995 between the Governments of Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and -Montenegro) on basic principles for a settlement of the conflict in Bosnia and Herzegovina and the Framework for a Cessation of Hostilities within the Sarajevo Temporary Exclusion Zone signed by the Bosnian Serb party in Belgrade on 14 September 1995 are important and positive developments.

After more than three years' experience of international efforts to control and resolve this conflict, it would be wrong to underestimate the difficulties that lie ahead in negotiating the further arrangements envisaged in those two agreements. In particular, all sides will have to exercise greater military restraint than is the case at present. But I believe that today there may be credible prospects for a viable and lasting peace in Bosnia and Herzegovina if all parties are at last ready to forego the military option.

In these circumstances, I have reexamined the different ways in which the intern·ational community can support implementation of the peace agreement when it has been concluded. The members of the Security Council will recall that I have previously addressed this question in the non-paper which I made available to them on 30 September and 1 October 1993 and in my letter of 24 July 1994 to the then President.

In those earlier communications I expressed the view that the most viable option for international support to implementation of a peace agreement would be

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for the Security Council to authorize interested Member States, assisted as appropriate by regional organizations or arrangements, to undertake both the military and the civilian aspects of this task. This conclusion was based on a number of factors: the scale of the operation envisaged; the Organization's recent difficulties in obtaining military, police and civilian personnel for peace-keeping operations; its limited capacity to manage large-scale operations, especially those established under Chapter VII of the Charter with a potential enforcement role; the failure of Member States to pay on time their assessed contributions for peace-keeping; and the difficulties of coordinating the operations of military personnel and civilian personnel with different mandates and different chains of command.

A thorough review of recent developments has led me to conclude that all the above considerations are at least as relevant today as they were at the time of my earlier communications to the Council. In particular, the aggravation of the Organization's financial crisis makes it even more unrealistic to envisage UNPROFOR being enlarged to perform the task that will be required.

Members of the Security Council will also recall that in paragraph 76 of my report of 30 May 1995 (S/1995/444) I expressed the view that if the Security Council decided that it was necessary to make greater use of force to achieve its objectives in Bosnia and Herzegovina it would be necessary to replace UNPROFOR with a multinational force authorized by the Security Council to take such action. The essential rationale for this view was the impossibility of entrusting to a United Nations peace-keeping force a mandate which would require it to take enforcement action against parties whose cooperation it required if it was to be able to carry out its peace-keeping functions. I believe that these considerations remain valid and will need to be taken into account if the current peace initiative does not succeed and it is decided that further enforcement action is necessary to end the conflict in Bosnia and Herzegovina.

It is accordingly my intention, as soon as a peace agreement is concluded, to recommend to the Security Council that it authorize an ad hoc coalition of Member States, acting as appropriate with regional organizations or arrangements, to support all aspects of implementation of the agreement, with the exception of those relating to the relief and return of refugees and displaced persons which should continue to be entrusted to the United Nations High Commissioner for Refugees.

Equally, if the current peace initiative does not succeed and more enforcement action is decided upon by the Security Council, I intend to recommend that UNPROFOR be replaced by a multinational force authorized by the Security Council to carry out such action and to assume responsibility for those aspects of UNPROFOR's existing mandate which will remain valid.

In either case urgent action would be required to prepare for an expeditious hand-over by UNPROFOR to the multinational force that would be established by the Member States so authorized by the Council. The Council would also, in these circumstances, wish to consider what arrangements would be appropriate to ensure that it was kept duly informed about the operations of the multinational force, including its civilian components.

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The meeting on 16 September also reviewed the United Nations current peacekeeping operations in Croatia and the Former Yugoslav Republic of Macedonia, where I believe that the United Nations can continue to play a useful peacekeeping role. I shall submit recommendations in this regard to the Security Council before the expiry of UNCRO's and UNPREDEP's current mandates on 30 November 1995.

I should be grateful if you would bring this letter to the attention to the members of the Security Council.


UNITED NATIONS


S/1995/802

s

18 September 1995

ORIGINAL: ENGLISH

LETTER DATED 18 SEPTEMBER 1995 FRQ HE CHARGE D'AFFAIRES A. I . OF THE PERMANENT MISSION O TO THE UNITED NATIONS


Upon instructions of my Government, I wish to lodge the strong protest of the Federal Republic of Yugoslavia to the Security Council in the wake of another unprovoked attack by the Croatian army against the territory of the Federal Republic of Yugoslavia.

On 13 September 1995 , at 11 . 55 a.m . , the Croatian forces shelled the territory of the Federal Republic of Yugoslavia in the area of Cesmina Glava and fired three rounds from 20 mm anti-aircraft guns at 12.05 p.m. in the region of Gusarska Jama, 300 metres into the territory of the Federal Republic of Yugoslavia . There were no casualties and the Yugoslav side did not respond .

The Government of the Federal Republic of Yugoslavia warns the Security Council of the gra ve consequences that may arise from the consistent and repeated attacks by Croatia against the territorial integrity of the Federal Republic of Yugoslavia and expects the Security Council to undertake urgent and resolute measures in order to finally prevent Croatia from further military actions against the Federal Republic of Yugoslavia.

I should be grateful if you would have the present letter circulated as a document of the Security Council .

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Excellency, ¾- -

I wou ld like to point out that the sa i d decision has been made in keeping with the exception a l sign i f ican ce and i mportance which the Government of the FR Yugos l avia attaches to its relations wit h the Wor l d Organi zat i on, with t he intention of securing continuity and strengt hening co-operation at this poli t ically very i mportant poin t of time for my country, the tasks to which both the United Nat ions and Your Excellency personally are so devoted.

Confident that Ambassador VladislavJovanoviEwill have your ful I understanding and assistance, please accept, Excellency, the assurances of my highest consideration.

Beograd, September AJ , 1995

No. 1JJ4 \qf

TO HIS EXCELLENCY DR BOUTROS BOUTROS GHALI SECRETARY-GENERAL OF THE UNITED NATIONS

UNITED NATIONS s


S/RES/1015 (1995) 15 September 1995

RESOLUTION 1015 (1995)

Adopted by the Security Council at its 3578th meeting, on 15 September 1995

The Security Council,

Recalling all its earlier relevant resolutions, and in particular resolutions 943 (1994) of 23 September 1994, 970 (1995) of 12 January 1995, 988 (1995) of 21 April 1995 and 1003 (1995) of 5 July 1995,

Calling upon all States and others concerned to respect the sovereignty, territorial integrity and international borders of all States in the region,

Noting the measures taken by the Federal Republic of Yugoslavia (Serbia and Montenegro), in particular those detailed in the annex to the SecretaryGeneral's letter of 6 September 1995 to the President of the Security Council • (S/1995/768), to maintain the effective closure of the international border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republic of Bosnia and Herzegovina with respect to all goods except foodstuffs, medical supplies and clothing for essential humanitarian needs and noting with satisfaction that the cooperation of the Mission of the Internationa l Conference on the Former Yugoslavia (ICFY) with the Federal Republic of Yugoslavia (Serbia and Montenegro) continues to be generally good,

Reaffirming the importance of further efforts by the Federal Republic of Yugoslavia (Serbia and Montenegro) to enhance the effectiveness of the closure of the international border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republic of Bosnia and Herzegovina with respect to all goods except foodstuffs, medical supplies and clothing for essential humanitarian needs ,

Expressing appreciation for the work of the Co-Chairmen of the Steering Committee of the ICFY and of the ICFY Mission to the Federal Republic of Yugoslavia (Serbia and Montenegro) and underlining the importance of the necessary resources being made available so as to strengthen the ICFY Mission's capacity to carry out its tasks,

Acting under Chapter VII of the Charter of the United Nations,

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S/RES/1015 (1995) Page 2

1. Decides that the restrictions and other measures referred to in paragraph 1 of resolution 943 (1994) shall be suspended until 18 March 1996;

2. Decides also that the arrangements referred to in paragraphs 13 , 14 and 15 of resolution 988 (1995) shall continue to apply;

3. Reaffirms its decision to keep the situation closely under review and to consider further steps with regard to measures applicable to the Federal Republic of Yugoslavia (Serbia and Montenegro) in the light of further progress in the situation;

4 . Decides to remain actively seized of the matter.

UNITED NATIONS


S/1995/798

s

15 September 1995

ORIGINAL: ENGLISH

LETTER DATED 15 SEPTEMBER 1995 FROM THE CHARGt D'AFFAIRES A.I. OF THE PERMANENT MISSION OF YUGOSLAVIA O THE UNITED NATIONS ADDRESSED TO THE

PRESIDENT OF THE SECURITY COUNCIL

Upon instructions of my Government, I am writing to you to convey the strong protest concerning the latest violations of the territorial integrity of the Federal Republic of Yugoslavia.

According to the information of the Army of Yugoslavia, on 11 September 1995 from 9.06 to 9.10 a.m., the airspace above the territorial waters of the Federal Republic of Yugoslavia was violated in the area of Petrovac/Bar. The helicopter, seemingly a North Atlantic Treaty Organization (NATO) surveillance aircraft, penetrated 8 to 10 km into Yugoslav territory, at an altitude of 1,200 metres, flying at 250 km/hour, making a right turn before leaving Yugoslav airspace.

On the same day, at 10.45 a.m . , two soldiers of the United Nations missio~ deployed in the former Yugoslav Republic of Macedonia made an incursion approximately 300 metres into Yugoslav territory in the area of the Brezovica border post (municipality of Urosevac). They justified their incursion by saying that they allegedly did not know where the border was and that the Lake of Strbac, where they crossed over, was in Macedonian territory. Their request to be picked up by the United Nations helicopter, which in the meantime approached the border on the Macedonian side, was not granted by the Yugoslav army border units. the United Nations soldiers were then sent across the borderline into the former Yugoslav Republic of Macedonia.




UNITED NATIONS s


S/1995/797 15 September 1995

ORIGINAL: ENGLISH

LETTER DATED 14 SEPTEMBER 1995 FRO HE CHARGE D'AFFAIRES A.I. OF THE PERMANENT MISSION OF YUGOSLAVIA TO THE UNITED NATIONS

ADDRESSED TO THE SECRETARY-GENERAL

I have the honour to transmit herewith a letter dated 12 September 1995 addressed to you transmitting the text of the Protest of the Alliance of the Veterans of the Serbian Liberation Wars of 1912-1920 and Their Descendants and the Alliance of the Associations of the Veterans of the People's Liberation War of Yugoslavia.




I •• •


FEDERAL REPUBLIC OF YUGOSLAVIA

THE ALLIANCE OF THE ASSOCIATIONS OF VETERANS OF THE SERBIAN LIBERATION WARS OF 1912-1920 AND THEIR DESCENDANTS

FEDERAL BRANCH OF SUBNOR OF YUGOSLAVIA

Belgrade, 12 September 1995

We are taking the liberty of sending you, attached herewith, the Protest of the Alliance of Veterans of the 1941-1945 People's Liberation War of Yugoslavia (SUBNOR) and the Alliance of Veterans of the Serbian Liberation Wars of 1912-1920 and Their Descendants, adopted at their joint rally in the wake of the air and other attacks of NATO against the Republic of Srpska.

Confident that you will demonstrate understanding and readiness to acknowledge the facts presented herewith, we urge you to inform the President and other members of the Security Council of the positions advanced in our Protest.

President of the Alliance of Veterans of the Serbian Liberation Wars of

1912-1920 and Their Descendants

Stojan Svetozarevic

President of the Federal Branch of SUBNOR

Milosav Bojic

I • ••

Appendix

PROTEST


of the SUBNOR of Yugoslavia and the Alliance of the Association of Veterans of the Serbian Liberation Wars of 1912-1920 to the United Nations Security Council and the European Union

Massive strikes of NATO formations against the vital facilities -installations including even hospitals, schools, refugee camps and children's institutions in the Republic of Srpska, exceed by far the mandate of the United Nations and the European Union, and have profoundly outraged the veterans of the People's Liberation War and the Serbian Liberation Wars, as well as the citizens of Yugoslavia. The concern and indignation have been additionally heightened since those merciless and unjustified attacks came at the very moment when the successful agreement in Geneva of the three parties to the conflict and the relevant international t'actors have shown that reason prevailed and that the existence of the Republic of Srpska has been officially acknowledged. The just struggle of the Serb people has thus been recognized as well as the huge contribution to the policy of peace pursued by the Federal Republic of Yugoslavia and its negotiating team with Slobodan Milosevic at the helm.

It is inexplicable and hypocritical that the NATO aggression should come at a time when negotiations are in progress and when major steps are made along the road to the ultimate peaceful resolution, in the name of peace and the United Nations, which have been created with a goal of assisting and protecting the peoples who are endangered and not to give in to the militants implicated even in the war crimes. Obviously, the goal of this military intervention is to reduce the defence capabilities and weaken the negotiating position of the Republic of Srpska, while increasing the number of the destitute refugees and the exiled. The brutality and scope of destruction of the military intervention of the NATO forces is reminiscent of the worst crimes and massacres conducted by the Nazi and fascist aggressors that were condemned at the time by our Second World War allies. Such extensive use of force and variety of weapons in order to exterminate an innocent people who deliberately, for the sake of peace, do not offer any resistance, represents an unscrupulous act of cowardice. Therefore all true champions of peace and equality among peoples, nations and States reject with aversion the policy of violence, genocide and terror.

We protest in the strongest terms in the wake of NATO's outrageous atrocious intervention, which further undermines the already shaken credibility of the peaceful role of the United Nations and its bodies. On this occasion, we energetically demand that the senseless attacks against the Republic of Srpska be stopped and that the initiated peace process be immediately stepped up in order to arrive at a peaceful solution to this war drama.

THE ALLIANCE OF THE VETERANS OF THE SERB LIBERATION WARS OF 1912-1920 AND DESCENDANTS

' THE ALLIANCE OF THE ASSOCIATION OF THE VETERANS OF THE PEOPLE'S WAR OF YUGOSLAVIA

UNITED NATIONS


S/1995/796

s

15 September 1995

ORIGINAL: ENGLISH

LETTER DATED 14 SEPTEMBER 1995 FRO HE CHARGE D'AFFAIRES A.I. OF THE PERMANENT MISSION O YUGOSLAVIA TO THE UNITED NATIONS


I have the honour to transmit herewith the text of a letter dated 13 September 1995 from Mr. Dusan Djurovic, President of the Republican Branch of the Alliance of the Association of Veterans of the People's Liberation War of Montenegro (SUBNOR), addressed to you.


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I ••.

l


With full respect for you personally and for the office you hold, we feel free to relate to you the following.

We are writing to you as veterans of the anti-fascist and people's liberat.,tp_n war of 1941 to 1945 in Montenegro, from the capital of Montenegro, a federal unit within the Federal Republic of Yugoslavia, the town that was bombed 74 times in the Second World War. As participants in the anti-fascist and libera·tion struggle, we know full well what the bombs ans! bombings ai;-e.,, v'fhat their purpose is, as well as what the true face of those who use them is. We are well known and respected anti-fascist veterans who~ along with the Union of Soviet Socialist Republics, the United States of America, the United Kingdom of Great Britain and Northern Ireland and other liberation forces of the world, fought in the Second World War so that reason and humanity might prevail. We therefore call upon you to exert your personal authority so that the voice of reason and humanity may win the day and that the killing of the innocent Serb population in Bosnia and Herzegovina may be stopped.

Republican Branch o f SUBNOR of Montenegro

President Dusan Djurovic

UNITED NATIONS


S/1995 / 792

s

14 September 1995

ORIGINAL: ENGLISH



I have the honour to transmit, enclosed herewith, a letter dated 12 September 1995 from H.E. Mr. Radoje Kontic, Prime Minister of the Federal Republic of Yugoslavia, addressed to you.

I should be grateful if you would have the present letter and its annexes circulated as a document of the Security Council.

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I e xpres s d e ep concern a t Croatia's g r o s s violation o f United Nations Securi t y Council resolution 1009 (1995) o f 10 August 1995 and, by that act, of the basic huma n r i ghts o f t h e Serbian people, e x p e lled by the Croatian a ggression on t h e Republi c o f Serbia n Kra jina . By its c ontinued destruction and loot ing of t h e p rope rty be l onging to Se rbs and by the adoption of the "Decree of the Government of Croatia on the Temporary Seizure and Management of Certain Property" of 31 August 1995 (which entered into force on 4 September 1995), Croatia is in outright breach of the provisions of the said resolution, which, in its paragraph 2, demands that the Government of the Republic of Croatia , in conformity with internationally recognized standards and in compliance with the agreement of 6 August 1995 between the Republic of Croatia and the United Nations Peace Forces (a) respect fully the rights of the local Serb population including their rights to remain , leave or return in safety , (b) allow access to this population by international humanitarian organizations , and (c) create conditions conducive to the return of those persons who have left their homes.

The adoption of the said Decree by the Croatian Gov ernment is an act without precedent in present-day international practice . It is yet another instrument of the implementation of the Croatian policy of ethnic cleansing, aimed at finally eliminating the Serbs from the Republic of Serbian Krajina and Croatia.

The provisions of the Decree provide for "temporary seizure, use, management and control" of the overall movable and immovable property of the expelled Serbs . From the text of the Decree, it is evident that the real intention is to settle Croats on the estates of Serbs who had left them under the armed pressure of the Croatian army. The effect of this all is to prevent the expelled Serbs from returning to their homes and to change completely the ethnic composition of the population. The next legal consequence , according to the Decree, will be a definitive seizure of the property of the e xpelled Serbs. In this way, Croatia grossly violates the generally accepted rule of inviolability of private property in the case of territorial changes , thus setting a dangerous precedent in international law with far-reaching consequences for the peace process and for the return of the expelled Serbs from the Republic of Serbian Krajina and Croatia, in particular, as guaranteed by Security Council resolution 1009 (1995).

I recall that the provisions of the Decree are applicable also to the property of the citizens of the Federal Republic of Yugoslavia, as well as of the Serbs living i n the territory of the Republic of Srpska , which e x tends its discriminatory nature.

The forcible e xpulsion of the Serbs who lived for centuries in the territories of the Republic of Serbian Krajina and Croatia led to the exodus of about half a million Serbs from these areas, which resulted in a humanitarian catastrophe and a wave of human tragedy which fell, with all its ferocity , on the shoulders of the Federal Republic of Yugoslavia, itself in a very difficult position because of unjust United Nations sanctions.

I ...

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Bearing all this in mind, I request that you start an immediate initiative to protect urgently the movable and immovable property of the Serbs who left the territories of the Republic of Serbian Krajina and Croatia, as well as the property of the citizens of the Federal Republic of Yugoslavia in the territory covered by the said Decree. I also deem it necessary for the Security Council to initiate decisive action to prevent the seizure of property on the basis of ethnic origin, which is unprecedented in the present-day international community and contrary to international law. In particular, it is contrary to the provisions of the International Covenant on Civi l and Political Rights and the I nternational Convention on the Elimination of All Forms of Racial Discrimination, which explicitly prohibit discrimination on the basis of ethni c origin.

Considering that the destruction and looting of the property of the Serbs have been legalized by the said Croatian Decree , the translation of which is enclosed herewith, and that it is the intention of the Croatian authorities to adopt new legal regulations in this respect, I request the Security Council to prevent by its urgent action these acts of the continuation of the practice of the ethnic cleansing of the Serbian people . In this context, I request that you s t art an initiative to have the Security Council adopt a decision on extending the mandate of the United Nations peace forces in Croatia to include also the protection of the property and goods of Serbs, until a final peace solution for all territories of the former Yugoslavia is reached, in order to ensure that the human rights of the Serbian people are fully protected and to prevent the policy of ethnic cleansing. I also request that this protection include the vital rec ord books and land registers, which are a condition for the realization of the civil and property rights of Serbs. I request the United Nations to obligate Croatia to protect vital record books and land registers as well as all other documents proving the said rights of Serbs. At the same time I request the Security Council to establish an obligation by the Croatian authorities to compensate the Serbs for all the property that they have had destroyed or loot ed since 1990.

Convinced that you will show understanding and readiness to respect the facts that I have presented, I request you once again to take urgent meas ures within the United Nations that would prevent a more aggressive policy of Croatia.

Radoje Kontic

I ...

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Appendix

Translation*

PEOPLE'S GAZETTE People's Gazette of the Republic of Crontin

Pa~r. 178<1 - No. 63 Monday, -l September 1995

THE GOVl?RNMENT OF THE REPUBLIC OF CROATIA I 14,.<.;

Uull~• Anit!I~ 1, p1u"U. 1, uf lht! Luw uu tht! Pt~rv uf tht! Guv~rmnent or the Republic of CrOfttia to regulate certain mattcra from the purview of work of the House of Representa lives of the Sabor of the Republic of Croatia (People's Cnt:zette, No. 79/94), the Government or the Republic of Croatia, at its session held on 31 August 1995, adopted the following

DECREE

on the temporary seizure and ml.4nugement of certain prop<!rty

Article 1

Ti,i,. rx.:r.:e reir;bh!s rb.: ;c,rr.p,1~;.ry ~Cll.Uf<: . u.,.:, lll,tc: t~a:mem and

supervi5ion of the property of phy$i•:..ll entities ~pecified by this De~rt'~ for th~ pmP'J~ of it~ p:-oti:ction and ensuri:1g :ht.:· daims •)f ,:ri:dito:·s in cunr.~.:ti:)n ,~ith this property.

Article 2

~ of the date or the enuy into force or this Decree, the property located in the previously occupied and now liberated territory of the Re puhlic ot' Croatia abandoned and not per'l(mally used by its owneN shall be pla~ under the temporary mamu~ement of the Rl!public of Croatia and used in U<.'.cordun...:e with th~ Dc-1.·ree .

As of the date of che entry into force of this Decree, the property luc.:att:<l in the territory of the RepubJic of Cro.ttia owned by the persons who left the Republk of Croatia after 17 August 1990 or are in the occupied territo() of the Republic ot Croatia and in the territory of the "FederaJ Republic of Yugoslavia (Serbi~c and Monkne~ro)" ur in the l,c.:cupie<l h!rritory of the Republic of Bcsnia-Her:regovina and do not us~ that property since the day of <.kparturt', shall be pla~e<..! under the cem()'Jrnry rnunageme-nt of the Rep\1hlic nt' Crrn1tia

A-. of the <l:tte of the entry mm force of this Decree, the prup~rty loc.1tt:ll . in ·the territory of the Republic of Croatia ov.,ned by the citizens of the "Federal Republic of Yugoslavia (~rbia and Montenegro)" who do not use it personally shall ht! placed under the temporary management of the Republic of Croatia and ust=d in ac.:cur<lance with thu Decree.

The provisions or this Decree shall Mt apply to the propert)' which is ,he joint ownership of the national,; of the Republic of Crm1tia ::rnd ~none; who a.re not Croatian mnionals.

* Reproduced as received from the Permanent Mission of Yugoslavia.

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Article 3

The property in the sen,;e of thi~ Dc:crc:e shall he con'>idered all movable and immovable property, in particular:

• agr~ultu~I PJrt:ltf'!~ r.ompri.~ing re11lc1t>.ntial ;inct P.Mnnmit' h11ilc1ing.,, (:ind

and other .inunuwbJ~ property umJ the uppurtenunt movable pruperty (Jivt:itock um.I otht::r j, ,mestic :-.nimah,, tt a n~pl)1 tati<m rnt'.an~. :, ,ob ., nl! otht:1 ~quipmt"1H. !':!1 nitm r., c:t..: . ),

~ residential buildings with adjacent area and apartments (hereinafter "buildings") and furniture and other movable property therein,

- shops and offices and other immovables (garages, storu,es. depots, etc.) and the movable property therein,

- vehic.le!I, ooats and ships, tools, cquipmcut, etc.

Artick 4

The pu~session uf the property pltt~d under tht: u:mpornry munagemt:nt of the Republic of Croutia according to this De\:ree shall be taken by the municipality. i.e. tO\ftl or the City of Zagreh (hereinafter ·•munir_•ipality, i.e. town") in whose territory it is loeated.

Th-! c1u::i :1p,il, i.,.-. hN.:n ,,uth0rit: .. : i. !>ha:1 t:!>t~,bll.,;h ,: Ojrr.L'Hs:.i,.>n for the

Temporary Sei-Lure and u~ of the Propertr (hereinafter "the Commission") which sh.all m:.,ke- an invc:'mr,.iry r,.,f th,: pr0pt·-rty t•wJ )hull hnvi: •.>thi;-r p•}\lr't'l:; p,,..,vidc:d f:Jr by !hi~ Decree. The property invc:ntory ~hull b~ foNriJrt.led to the \,linistry of Dt:vdopmt:nt and Rccon£truction which kec:P" property ri=cor<ls.

The C.nmmii;.sinn from paot. 2 nf thi,; Articlr. 1hall comprise: ot one representative of the Ministry of Dt'Velopment un<l llecorumuction, Ministry of Dt:fence, Ministry of tht: Interior, Mini!ltry of Labour anJ Soci1ll Wt:lfare, Mini~try of Asrkulture and Forestry, Bureau of the Government of the Republic of Crootia for E.xpellees and Refugees. Public Attorney's Offke, municipal, i.e. town authorities and, if necessary. of other persons. The President of the Cummi.s!l iun !ihall ht' lletermine<l by the act on the establi•hment of the Commission.

More than one c~,mmission from para. 1 of this Article can be establb,hed for the territory of a municipality, i.e. town.

Artick 5

The C',ommissions trom Article 4 of this Uccrce may place th~ property from Article 2 or this Cxcrcc in possession and use to the cxpellee.s and refugee!!, return~~s who had thdr pro~rty destroyed or damaged in the homdund war, to penuns disabl~ in the homeland war, fam ilies of killed and di~appt'.are<l Cwatian deft-ndt-~ in the homeland war and other persons ensaged in the activities neces~ary for the security, recon~truction and development of the previously occupied territories. ·

Ott<=i1iu~u, uf thtt C•jmmiui~" <::.n be -'FP4t~1ed with th~ Mi.nittry Q( Jystk-:within 8 days. An appef1l does not !itop the execution of a decision.

I ...

-3-

011 lhe o~sion of placing the property in possession ;ind use. the minutes on tht: co11<liti11n uf p rup<!rty a nd its plac i11i; i 11 P'-h~-~,,_-.ion sh,ill lie. m :;dt' .

Article 6

The work of the Cominh1ion:1 from Article 4 of thi:i Decree llhuU be directed ond adjusteJ by th~ Millllltry uf Dt:veloprrn:nt ao<l Reconstruction and the Minister of Development an<l Re.construction can, if necessary, issue instructiom for the implementation of this O!!crce mncerning the property and the persons in whose posi.essioa and· use the · property u; being ph,ced.

Artie!~ 7

The persons who, under Artie.le 5 of thi.s ~er~, have been given in poss~ss.Ion and u~ the property from Article 2 of this Decree shall have the duty to manage the property as good ma.c;ters. sh.ill have all the powers belonging to the owner nf tht" propP rty in it~ pr<1tl'nir.n :-igain<\I th ird pr:-rs r:-0:1~ :in,1 r~n 11,;e ttw ;:.,r1:wt>i>ds from tht> pro perty io r their own needs.

The persons from pac;i . 1 ot this Article cannot dispose of the immovables cnns:in :t ing part o f till' pr,-: pc" !'., , s.~l l. e~c•1,111ge. ir.:, le:ise. ren: with ,:r without charge:, mortgage or uSe it towmds any other hen) and cann()t du.pose of transportation means un<l livt:stock without consent by the Commis.sion from Article 4 of thi5 Ot!cree.

l.~gal transactiom, concluded .:Dntrmy to pma. 2 of this Article shall he considered null and void.

Article 8

While the property is managed by the Republic of Croatia, the owner c~rnnot disp03e of it (sell, exchange, let, lelise, rent with or without charge, mortg-<1ge or use it toward, any other lien, etc.).

At the proposal of the Mini)tt~r of Justice, the Government of the Republic of Crontia may exempt t.-ectain prn~rty frum tht: pruhibitiun of dispo:.al for the purpose of executing a legal transacti!)n ""'hereb:, th~ right to ownership is a.::qi.rired by Croatian m1ti,,nal s •. >, n,~rnhen, (\f t h<' C roa ti .-, fl pe 1i1le for h•.tManitarian acd 1)th~r justified reasons.

Legal transactions conducted contrnry to para. l of this Article shall be considered null and void.

Article 9

The Commis~ion from Article 4 of this Det:ree may rescind a deci~ion from

I ...

-4-

Article 5 of thi~ Decree if a pcr!.nn or persons given th~ ros:ses:.i0n and u~e or rtw property;

- do not manage the property as good masters, • acquire the possibility lo return and u$C their own pm~ny, • manage the property c::nlrnry 1:1 th,· rn,v-i~i(\nc; nf rh{,;.'°f>t'rret' ,

Arlide IO

(f the uwner uf pwperty from Article 2, p11r,i _ I, nf this nr.,·rr.r. n~turns h\

the Republic of Croatia \Vithin 30 da)"S from the date of the entry into fur~- o( this Decree ond rec1uests its return into his/her possession and use, the·'Commis~ion frnm Article 4 of thi~ Decree shall rescind the de,i~ion from Article 5 of this Ot!eree.

The decision by which the C'.ommission hns resdmt~il · ici. dr.cisiun frnm Article 5 of this Decree can be ,,ppea!ed by ch~ •Jwner oi th~ pm11t1rty, the per~on to whom the property \Ws tiiven in possession and use and the Public Attn{ney with thr. Ministry of JusCke within 8 days.

The per~on who had rht_., righl tr> pos;;e~,;inn and nse nf the property ceased by :• v~ihd ,.:n i,:,;r: uP.J•:r p:,ra. ~ ,A thi ·- .-\:t ;,;k• c.1:111,11 l'IC de pr.ved t.•f !:le pi..;s:-1:'s:;k,n umil he/i.he is ensured possession and use ot' Olher Hdequate prupt:rty.

Arlicle 11

Ownership of the movable property from Article 2 of this Decree cannot be acquired by appropriation (occupation).

Article 12

The persons who posse~ 1tnd use property from Article 2 llf thi, nr.crr.e contrary to the provisions of th.is Dtcree shall be deprived of the property by a decision ot the Commis~ion from ArticJe 4 of this Decree.

Th~ deci~ion cannot be appealed, but can be contested in a legal action before an adm inistrative court. Administr~1tive enforcement of the decision shall be carried out by the body which has taken it.

Article 1:3

The provJ.Sions ot the Law un th~ General Administrative Procedure (People's Gazette, No. 53/91) 5hall apply to administrative mat~n in accordance with this Decl't!e, unless otherwise provided by this Decree. Administrntive nu,tter~ frnm this Decree shall be solved ir. streamlined procedure.

/ ...

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Article l4

A separate law ~hall reguiltte the nwneBhip of the property placed under the management in accordance with the pruvisions of this Decree which bus not been returned into tlv~ pos,;e~--;iur, :ind 11 w. ,,f thf" owner.

Article 15

The',M inister of Justin! shall be ~mpnwereu to adopt, as necessary, the regulations conceq1ing the imple.mentatinn of this Decree, acept for the execution of matters from Article 6 of this Decree.

The iplpleme nta tion of this Decret> shall he monitored by the Mini~try of Justice.

f\rtidc: l6

Thi~ Dt!cree shall ~ntt'. r into fon'.e on rtle d~y of irs publication in the People~ Gazette.

OaM: 370-01/95-01/14 nc,:r.! e s-~:.: :11))109-')J . (

Zagreb, 31 August 1995

•

President Nik.ica Valentic

ftlEFERENC&:

UNITED NATIONS

' j ' ~

.,.::· ~ .-r-::: ~ C.&

NATIONS UNIES

P O STA L A DO RE ~S-AORESSE POSTALE ; U N ITED NATION S, N .Y. 10017

CABLE ADORESS-AORESSI: TELEGRAPHIQUE · UNATIONS NEWYOJIK

Dear Mr. Secretary-General,

SEP 2 11995

Yesterday I received a high level delegation from the Federal Republic of Yugoslavia (Serbia and Montenegro), at their request, which was composed of the Federal Minister and Federal Government Coordinator for Activities in the Humanitarian Field, Mr. T. Raicevic, the Commissioner for Refugees for the Republic of Serbia, Ms. B. Morina, and the Commissioner for Refugees of the Republic of Montenegro, Mr. D. Scepanovic. The delegation was accompanied by the Permanent Representative to the United Nations Office at Geneva.

All members of the delegation stressed the peaceful situation in the country as well as the efforts which are being made at both the federal and republic levels to accommodate and care for over 400,000 refugees now registered in the FRY. In August 1995 alone, 170,000 refugees arrived from Krajina and heavily burdened the already overstretched capacity of attending to the needs of the refugee population. The continuing sanctions, which the Federal Minister considered as the largest obstacle to a peaceful settlement of the tragic situation of the former Yugoslavia, further exacerbated the difficult situation of the refugees. The Federal Minister then reiterated the invitation which his Government had previously extended to me to visit the FRY, emphasizing that the country was open to all those who wanted to obtain a first-hru:id view of his Government's respect for human rights. At the same time, he expressed the expectation that the United Nations demonstrate an objective and impartial attitude, especially with regard to the situation in Krajina, where the remaining Serbian population was suffering all kinds of persecution and harassment, and where the property of Serbian refugees was now being seized by the Croatian authorities on the basis of recent changes in Croatian legislation.

The Refugee Commissioner for Serbia gave several examples of what she considered to be gross human rights violations by Croatian forces against fleeing Serbs. She also denounced reported attempts by the Croatian Government to annihilate every trace of Serbian presenc_~ in the Krajina. She further expressed concern at the uncertainty of the fate of some 10,000 Serbian refugees from the Topusko area. The Refugee Commissioner for Serbia also empha-sized that the treatment of refugees in the FRY was absolutely non-discriminatory and that the 100,000

H.E. Mr. Boutros Boutros-Ghali Secretary-General United Nations .I..

- 2 -

non-Serb refugees, which included many Muslims, benefitted from the same facilities as the Serbian refugees. In this regard the Refugee Commissioner from Montenegro added that refu__£e_es fr?m Croatia receive three times more financial assistance from international agencies thag_those in the FRY: Furthermore, Muslims are accorded entry visas to countries abroad much faster than Serbs.

In my reply I emphasized the responsibility of the various actors in the former Yugoslavia for the plight of the refugees. Since the delegation was also visiting Mrs. Ogata, aspects relating to the refugee problem would have to be pursued with her.

With regard to full ~nvitation which the Government had extended to me,_ I reiterated my earlier request that cooperation be extended to the Special Rapporteur of the Commission on Human Rights and the Commission's expert responsible for the special process dealing with missing persons in the territory of the former Yugoslavia. I am still awaiting an answer to my letter I have written to the Government in this regard and, therefore, told the delegation that the sooner such an answer would be given the earlier I could consider a visit to the former Yugoslavia. I also stressed the need that full cooperation with human rights officers which has been submitted to the Bosnian Serb de facto authorities. I assured them that for my part, I was ready to do whatever possible to support the promotion and protection of human rights in the entire territory of the former Yugoslavia.

I should like to add that the delegation did not reiterate the previously expressed wish of the Government that a mission of human rights officers be fielded to thoroughly investigate the experience of all refugees from the Krajina.

I would further like to take this opportunity to inform you that this week the Chairman of the Commission on Human Rights has held consultations with regional groups regarding the appointment of a new Special Rapporteur on the former Yugoslavia. The US Government has requested that a decision be postponed by two \Veeks since it is expected that several names will be proposed in the coming days. It is indeed unlikely that a decision will be taken before the end of next week.

I shall keep you informed of further developments on these questions.

Yours sincerely,

-----/ _: _r:::,-0-·..u,,H- -

- Jese Ayala Lasso -High Commissioner for Human Rights

/

REPUBLIC OF KOSOVA The Prime Minister Prisht ina, Kosova

Ttl. + 381 38 24234 + 49 228 955850

Fax +381 38 27660 + 49 228 354536

12 September 1995 Via fax and mail

His Excellency . 1 .

Dr. Boutros Boi\tr'os-Ghali S~cretary-General Uµited Nations New York, NY

Your Excellency,

EXECUTIVE OFFICE l OF THE SECRETARY-GENERAL ~-

-~~~~~an new~.e!l~r~ ~~-~~µ ~~ ~g~~~ ~ra_nce.::P!e.s.s~ .. ~~-Y~!~rt~ ~h<!t .!l!}Agr~~ment has been reached between Mr. Y asushi Alcashi and Croatian authorities to send 700

~ S~r.tis ie~:aj_~E._g) n_~ -~my b~ac~_in Krii~ to Kciova:·------·-···--·- - -- -- ----- ···---

Through this decision, Mr. Ak:ashi has demonstrated a complete lack of understanding ---··-·-- --- -·--· --·~--. ------ ···--···- ·--·------·- -·----·---·----·---~ d1~--~ituatl,01!- i.!1 ~<>n~er_:Y"ugo~l~vta._ Apart from merely contributing to shifting the

conflict to Kosova, he also bri~s into question his role as a special envoy. It is _:11-9.t_ w~thin Mr. Akashl's mandate to determine where Krajina Serbs will be sent.

. -----~ - -- ---· ·-·-·····-··-·-. ·-·- ~--··· . •... -••-• ···- '"' y ·---

~cently, after malcing a decision to settle up to 100,000 Serbs in Kosova as a means of changing the ethnic composition of the region's population, the Serbian regime decided to settle more than 20,000 Serbs from Krajina in Kosova. Already 10,000 have been forced to go to Kosova. The forced settlement of Krajina Serbs in Kosova is a strong provocation for the Albanian people. In Kosova, Krajina Serbs are considered to be colonists. ,

A number of governments, including the United States, have reacted to this alarming situation by urging the Serbian regime to cease the forced resettlement of Krajina Serbs in Kosova. The United Nations and its officials should be fully aware that very little is needed to ignite a conflict in Kosova that would soon engulf the entire Balkans.

SEP 12 ":15 w: 1:r?

Page 2 His Excellency Dr. Boutros Boutros-Ghali

Serbian authorities have no interest in simply providing shelter for Krajina Serbs in Kosova. They are doing everything possible to permanently resettle them in the region with promises of employment, housing, building sites, mortgages, farm land and other attractive incentives.

The Serb regime is taking cynical advantage of this situation to continue their campaign of desbi,oying all Albanian institutions and cultural monuments in Kosova . As an example,, let\me mention the order given by Serbian authorities to remove all exhibits and documents from the Memorial Centre and Museum "Lidhja e Prizrenit" (The Prizren League), a UNESCO-protected monument, in order to house Krajina Serbs on the premises .

While assuring you that the leadership of Kosova and its people remain determined to pursue their legitimate aspirations peacefully, I must point out that it is impossible to tolerate interminably the barbaric Serbian measures undertaken violently in the region.

Finally, let me appeal to you, Your Excellency, and through you to the United Nations, to do everything possible to stop Serbian repression in Kosova, to force the ~rbian regime to negotiate with the leadership of Kosova. and, most urgently, to persuade Serbian authorities to halt their callous resettlement of K.rajina Serbs in Kosova.

Regrettably, I must also ask you to consider the behavior of your special envoy, Mr. Abshi, who through the agreement I have described above has only contributed to the deterioration of an already tense situation in Kosova.

Please be assured of my highest considerations.

e Minister

UNITED NATIONS

• General Assembly Distr. GENERAL

A/50/423

A

12 September 1995

ORIGINAL: ENGLISH

Fiftieth session Item 20 (b) of the provisional agenda*

STRENGTHENING OF THE COORDINATION OF HUMANITARIAN AND DISASTER RELIEF ASS ISTANCE OF THE UNITED NATIONS, INCLUDING SPECIAL ECONOMIC ASSISTANCE: SPECIAL ECONOMIC ASSISTANCE TO INDIVIDUAL

COUNTRIES OR REGIONS

Economic assistance to States affected by the implementation of the Security Council resolutions imposing sanctions against the

Federal Republic of Yugoslavia (Serbia and Montenegro)

Report of the Secretary-General

CONTENTS

Paragraphs Page

I . INTRODUCTION .................. .. .................... .

II. BACKGROUND: RECENT ACTION TAKEN BY THE SECURITY COUNCIL ............................................. .

A. Action taken by the Security Council ............ .

B. Action taken by the Security Council Committee established pursuant to resolution 724 (1991) concerning Yugoslavia ........................... .

C. Follow-up to "An Agenda· for Peace" .............. .

III. INFORMATION REGARDING ECONOMIC ASSISTANCE TO THE AFFECTED STATES .......... .... ....................... .

A. Information received from States .... .. ......... . .

* A/50/150.

1 - 3

4 - 23

5 - 10

11 - 18

19 - 23

24 - 68

26 - 39

3

3

4

5

8

9

10

I ...


B.

CONTENTS (continued)

Response of the United Nations system

c. Follow-up to regional initiatives and assistance arrangements .....................................

IV. CONCLUSIONS ........... ...... ................. . ...... .

Paragraphs ~

40 - 62

63 - 68

69 - 73

14

19

21

I . ..

.. FEDERAL REPUBLlC OF YUGOSLAVIA Federal Government Prime Minister

' ~ . :' EOSG/CENTRAL

Excellency,

Belgrade, 12 September 1995 I

' . ') . .. ~

I express deep concern at Croatia's gro~c; violation of United Nations Se.curity Council resolution HlO<J of 10 August 199S and. by thm act, of the basic human right'> of the Serbian people, expelled by the Croatian aggression on the Repuhlic of Serbian Krajina. By its continued destruction and looting of the property belonging to Serbs and by the adoption of the "Decree of the Government of Croatia on the Temporary Seizure and Management of Certain Property" of 11 August 1995 (which entered into force on 4 September FN5), Croatia is in outright breach of the provisions of the said resolution whieh in its operative paragraph 2 demands that the Government of the Republic of C..roat.ia, in conformity with internationally recognized · standards and in compliance with the agreement of 6 August 1995 between the Republic of Croatia and the United Nations Peace Forces (a) respect fully the rights of the local Serb population including their rights to remain, leave or return in safety, (b) allow access to this population by international humanitarian organizations, and (c) create conditions conducive to the return of those persons who have left their homes.

The adoption of the said Decree by the Croatian (}overnment is ;m act without a precedent in present-day international practice. It is yet another inst('ument of the implementation of the Croatian policy of e-thnic cleansing, aimed c1t finally eliminating the Serbs from the Republic of Serbian Krajina and Croatia.

His Excellency Mr. Boutros Boutros-Ghali Secretary-General United Nations New York) N. Y. 10017

,.

,,r • , , • • •,&. "; ...._,, .. r,, ·,.._ ,-. •• ,. ··•, :.:t;,':!•~ .. , .. ..

2.

The provisions of the Decree provide for 11temporary seizure, us.c, m3nag~nwnt and control" o f the overall mm1c1blc and immov;~tlle , property of the expelled Serbs. From the text of the Decree it is evident ~ ' ., 1 the real intention is to s.ettle Croats on the estates of Serbs who ha {e them under the <lrmed pressure of the Crootia~ army. Th~ effect of thi 1 " 1 is to prevent the expelled Serbs from returning to their homes an to. completely change the ethnic composition of the population. The next Legai' · consequence, Recording to the Decree. will be a definitive seizure o( ffiF~.4

property of the expelled Serbs. ln this way Croatia grossly violatesp ~e generally accepted rule of inviolability of private property in the ca~t..>, f i territorial changes, thus setting a dangerous precedent in international. w ,

lC: <

with far-reaching 0011,.,equences for tbe peace process and for the retur 1 }

the expelled Serh-. from the Repuhlic of Serbian Krajina and Croati~,1ln particular, as guaranteed by Url.ited Nations Security Council resol ton 1009.

I recall that the provisions of the Decree are applicable also to the property of the citi1.en~ of the r ederal Republic of Yugoslavia, as , ell as of the Serbs living in the territory of the Republic of Srpska, which extends its discriminatory nature. '~" ext

Excellency,

The forcible expuli.ion of the Serbs who lived for centuries in the territories of the Republic of Serbian Krajina and Croatia, led to the exo~us of about half a miUion of Serbs from these areas, which resulted · a

' . humanitarian catastrophe and a wave of human tragedy which fell, with, 1all its ferocity, on the shoulders of the FR of Yugoslavia, itself in a r,ery difficult position becnw;e of unjust United Nations sanctions. <lit

Bearing all this in mind, [ request that you start an immediate initiative to protect urgently the movable and immovable property of th,e Serbs who left the territories of the Republic of Serbian Krajina and, Croatia, as well as the property or the citizens of the FR of Yugoolavie_ ·u the territory covered by the said Decree. I also deem it necessary for the

u -United Nations Security Council to initiate a decisive action to prevent.the seizure of property on the basis of ethnic origin which is unprecedented in the present-day international community and contrary to international law.

•

• 3.

[n particular, it is contrary to the provisions of the lnternational Covenant on Civil :rnrl Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination which explicitly prohibit discrimination on the ha~is of ethnic origin.

Considering that the destruction and looting of the property of the Serbs have been legalized by the said Croatian Decree, the translation of which is enclosed herewith, and that it is the intention of the Croatian authorities to adopt new legal regulations in this respect, l request the United Nations Security Council to prevent by its urgent action these acts o( the continuation of the practice of the ethnic cleansing of the Serbian people. In this context, [ request that you start an initiative to have the United Nations Security C..ounci.l adopt a decision on extending the mandate of the United Nations Peace Forces in Croatia to include also the protection of the property and goods of Serbs, until a final peace solution for aU territorie<; of the former Yugoslavia is reached, in order to ensure that the human rights of the Serbian people are fully protected and to prevent the policy of ethnic cleansing. I also request that this protection include the Vital Record Books and Land Registers which are a condition for the realization of the civil and property rights of Serbs. [ request the United Nations to ohligate Croatia to protect Vital Records Books and Land Registers as well as all other documents proving the said rights of Serbs. At the same time I request the United Nations Security Council to establish an obligation by the Croatian authorities to compensate the Serbs for au the property which they have had destroyed or looted since 1990.

Excellency,

Convinced that you will show understanding and readiness to respect the facts which T have presented, I request you once again to take urgent measures within the United Nations which would prevent further nggre.ssive policy of Croatia.

Please accept the assurances of my personal consideration also on this occasion.

Dr. Radoje Kontic (Signed)

• '- . •, ' I

\ '"' . .. ...,,_ ··~ ..

PEOPLE•S GAZETTE People's Gazette of the Republic of Crootia

Pa~e J?s<l - No. 63 Mon<lay, 4 S<pterobe< 1995

I \

, - 1'i-l£ GOVE!llNMEt-41' OF THE. RB.PUBLlC .OF _CROATIA . 1148 jc);l· p·~• ·) · .~-"". •• ~~ ,-,~ • ' ': .'> /_' ,'" ,, • "Ii,

... • ... • · - ~ t~ - ~ . ·r· i · ·

Un~" A,1lcla 1, v••"- 1, u( the i_.w 11111h< l'uwan: ur 1ha Guv,rinnant of

the Republic of Cro«1io tu regulalG certain mallC<' from the purview ol ~"'' ol the House of Representative• of tbe Sabot of the Republic of Crooti• (People"• G,2ette, No. 79/94). the co,,erornent o( the Republic of Croatia, at its ,..,;on held on 31 August 199 S,

ac.lupt.e.<l the following . DECREE

on the terriporc\t)' seizure and management o{ cerb\in pro!)Grty

Article:. 1

Thb; Decree regulates the temponiry seiz\lre, u~, maougemeo1. and

super.ision o[ the"property Qr physical entities specified b; tlus Deer« for tb<-purP""" of its protedio~ and en.wring the claims of co:ditor> in conneclioo wiili tlus property.

Article 2

As of the date. of the entrY into force o( this Decree, the property located in the pceviou,ly occupied and now libereted tecrito<y o( the Republic o[ Croat;,, abandoned and not pe.-.orwlly used by its owners shall be pla,,,.J under the ternpon<'Y m,Oagement of rbe Republic of Croati>l and used in ucrordance with th~ D<t<<"-

As of the date u{ the tntry ioto force ot this Decree, the pwperty located

in the tmitory of the Republic of C,o>'1in oWned by the pe,wn> ~ho left the Republic of Croatia after J7 August 1990 or are ;n the o<cupied territo<y of tbe Republic o! Cro•ti• and ;n the t«ritury o( the "F«Jernl Republic of Yugoslavia (Serbia and Montenegro)" or ;n the oceopie<l territocy of the Repubilc of &>,oia-Hemogovinn and do not u,< that property ,inc< the day of departure, shall be placed under the tempo<"'Y

management of the Rep\,blk of Crn~th1.. A,. of the <l.te of the entry into force of this Deere<, the property located

in the u,criwy of the Republic of Croati>l owned by the citizens of the "Feder.ii Republk of Yugoslavia (&rbia and Montenegro)' who do not use It person.Uy shall be placed under the temPor,ry management of the Republic of Croatiu and used in accordance

with thi5 Decree. The provisioo.< of this Decree shall not apply to the property which Is the

joint ownership of the nationals of the Re.public of Cm•tin un<l pu,on.< who are nol

Crn2tiao m1tionH\s.

, • . . ,.,, . .

2

Article 3

The property in the sense nf thi!: Decree shall be considered 11II mnvahle and immovable property, in particular:

• ~gric.t1ltt1r.\l c3J:t..1te:~ Mmpri~ing rei1i<lt>.ntlal ;ind t>.N1nomi<' h11ilding.\, l:ind llnd other imm1Jwbl~ propi:rty und the: uppurtenunt .IIWV'.tbk pruperty (HYt:stock and nther domestic nnimnls, tn111.-.Portnti<1n mem~, tnob and ntht5r t:<juipment, furniture-, t:lc.),

• re!idential buildings with :adjacent area and apartmenu (hereinafter ''buildings") and furniture and other movable property therein,

- shops and offices and other immovables (garages, storages, depots, etc.) and the movable property therein,

- vehkle:'i, beats and ship!, tools, equipment, etc.

Article 4

The prn;session of the property pla~u under the tc:rnporary management of the Republic of Croatia acc:on.ling to thb Decn:e shall be taken by tht: municipality, i.e. town or the Gty of Zagreb (hereinafter "municipality, i.e. town") in whose tenitory it i.s located.

The municipal, i.e. town authorities shall establish a Commission for the Temporary Seizure and Use of the Property (hereinafter "the Commission") which sh.aU

rn~ke an inventory <Jf tho pro~rty uniJ shull huve other ptJW't'.rs pwvi<led fur by this Decree. The property inventory shall be forwnnJe<l to the Ministry of Development and Reconstruction which keeps property records.

The C:nmmis;sion from p;\ra. 2 nf this Articlt'. :1MII cnmpri.,;t: of nne representative of the Ministry of 01:!Velopmcnt and Reconstructi<Jn, Ministry of Defence, Ministry of the Interior, Ministry of Labour and Social Wdfare, Minbtry of Agrkulture and Forestry, Bureau of the Government of the Republic of Croatia for Expellees and Refugees. PubUc Attorney's Offke, rnunidpal, i.e. town authorities an<l, if necessary, of other persons. The Presi<lent of the Commixsion shall be determine<l by tht: act on the establishment of the Commission.

More than one commission from para. 1 of this Article can be established for the territory of a municipality, i.e. town.

Article 5

The Commissions from Article 4 of this Decree mny place the property from Article 2 of this lxcree in possession and use to the ~pellees and refugees, returnees who had thdr property destroyed of damaged in the homdund wur, to persurus disabled in the home.land war, families of lcille<l and disappeared Croatian c.iefeode~ in the homeland war and other persons engaged in the activities Hei;CS.ffiry for the sec.urity, reconstruction and development of the previously occupied territories.

C¼:~i~ im u; "f tb~ C'vmmin:i,.m ¢~n be :.1pp,e~l-ed with \h~ Mi.niatry Qf hl~tk,: within 8 days. An appeal does not stop the execution of a decision.

... ·. ·._· ;, ·· . .

3

On the occ:lsion of placing the property in possession and use, the minut~s on th~ condition of prup<::rty and its pl:.cing in posst:s.-;ion shall lu: made.

Article 6

The work of the Com1nwion:1 from Article 4 of thb Decree :,hull be directed ond adjusteu by th~ Ministry of Development an<l Reconstruction and the Mini~ter of Development and Reconstn1ction can, if oe-eess.ary, issue instn.1ctio0-~ for the implementation of this Decree concerning the property and the per-sons in whose possession aml use the:: property ii.: being placed.

Article 7

The. person.-; who, under Artide 5 of this Decree, have been given in po5j~silon and use the property from Artide 2 of this Decree siIBll have the <luty to manage the property as good masters, shall have all the powers belonging to the owner of the property in it~ protection agnin~I third pcrson'i and C'<ln use the. procee.ds from the property for their own needs.

The persons from parn. 1 of this Article cannot dispose of the immovables constituting pa.r-t of the property (sell, exchange, let, lease, rent with or without charge, mortgage or use h t0Wi1rds any other lien) and cannot dispo!.e ·of tramponation means un<l livestock without consent by the Commission from Article 4 of this Decree .

IxgBI traru;actioru; conclu<le<l cnntrnry to para. 2 of this Article shaH ht'. considered null and void.

Article 8

While the property is managed by the Republic of Cmatia, the owner cannot dispose of it (sell, exchange, kt, ~se, rent with or without charge., mortgage or me it towards any other lien, etc.) .

At the proposal ofthe Ministt:r of Justice, the Government of the Republic of Crontfo may exempt t.'eru-tin pro~rty from the prohibition of disposal for the purpose of executing a legal transaction whereby the right to ownership is acquired by Croatian nationals or memhen; of the Croatian people for hurrumitnri.lln find other justified reasons.

Legal transactions conduded contrnry to para. l of thfa Article shall be considered null and void.

Article 9

The Commission from Artide 4 of this Denee may rescind a deci~1oo from

•

....

4

Article 5 of this Decree If a person or persons given th~ possession nnd w1e of tht-. propc.:rty:

• do not manage the property as good maslc:'rs, • acquire the possibility to r~turn and us~ their own prope.rty, - manage the prupcrty contrary tu the provisions of th.is Decree.

Artide 10

I{ the owner uf property from Artklc 2, p~r~ . 1, nf this nt'.CTt'.t'. returns tn the Republic of Croatia within 30 days from the date of the entry into forec. of this Decree nnd rec1uests its return into his/her pu-.sessiun and use, the Commi.s:-; ion fi:-nm Article 4 of this Decree shall res.cind th~ decision from Article 5 of this Decree.

The (1ecision by which the Commic;sion has rescind~<! iti. dt".cisicrn frnm Article 5 of this Decree c~.c1n be appealed by ihe. owne.r of thF- prnf)t'rty, the person to whom the property Wl.ls given in possession and use and the Public Attntnry with the Ministry of Justice within 8 days .

The person who hml the right to possession and use nf the property ceased by a valid decision uo<lt:r p~tra. 2 of thfa Articli: cannot he deprived of the possession until he./l>he is ensured possession and use of other adequate'. pruixrty.

Article 11

Ownership of the movable property from Article 2 of this Deere.~ cannot be acquired by appropriation (occupation).

Article 12

The persons who posse!>S and use property from Article 2 Clf this fx-.cre.e

contrary to the provisions of this Dt:cree ~hall be deprived of the property by a decision of ihe Commisi.ion &um Article 4 of this Decree.

This decision cannot be appealed, but can be contested in a legal action before an administrative court. Administrative enforcement of the decision shall be carried out by the body which has taken it.

Article 13

The provisions of the Law on the General Administrative Procedure (People's Gazette, No. 53/91) t:hall apply to fidministrative matters in accordance with this Decree 1 llnless otherwise provided by th.is Decree. Admini:itrntiv-e nwtters from this Decree shall be solved in streamHned procedure.

II

Article l4

A separate h1w :ihall regulate the ownership of the property placed under the management in accord;rncc with the provisions of this Decree which bus not been returned into the posse,;sion nnd u~e. of th~ <1wner.

Article 15

The Minister of Justice shall ~ empowered to adopt, us neccs~ary. the regulations concerning the implemenrntion of this Decree, except for the execution of matters from Article 6 of this Decree.

The implementation of this Decree shall be monitored by the Mini~try of Justice.

Artkk l6

This Decree shall enter into foree on che day of ir:s publication 1n the People's Gazette.

Cla~: 370-01/95-01/14 Decree No.: 5030109-94-l Zagreb, 31 August 1995

President Nikit-a Valentk

• CA.BESHA PllCTYJi.llHICA JYT'OC!tABKJA

CA ■ ZSHA BilA]\A nPE)\CB}ll-JHK

Ebdencljo,

Beogr2.d, 12. septembu 1995.g .

~wm duboku zabrinutost povodom grubog krlenja.Rezolucije Saveta

be7hednom UN 1009 od 10. a~sta 1995.g., od strane Hrwtske l tlm cinom

ugroz:avanja osnovnlh pnva srp:dcog naroda kojl je prognan hrvatskom agresijom na RS

Knjlnu. Neprekidnim uni!tannjem i plj:t&njem imovine koj.2. pripada Srbima I

usvajanjem "U~dbc vlade Hrvatske o prlvrt-.ntennm preuzlmanju i upravljanju

odredenom lmovlnom•, 31 . avgu~ta 1995.g. (koja ;e stuplla na snagu 4. septembra

1995.s.), Hrv2.tsb dlrektno kril odredbe pom.enute rezolucije, gde !It: u op. para 2

22hteva od vlade Hrvau.ke da, u skhdu sa me.dunarodno prl.znartm standardlma i

spor-.czumom od 6. avgu.sta 1995.g., lzmedu HtVA~ i mlmvnih snaga Ujedinjenlh

IUlcija, (a) u potpun08cl ~je pn.va. lokalnog srpskog stano~tva, uldjucujuci i

ojlbova pra~ da se be2bedno vrate, cxiu ill ostanu, (b) omoguci pristup meduJUtodnlm

. humanitarolm ~Jama tom stanovnistvu, i (c) stvori uslove Zl povr:i.ttt Uca koja

su napusdla. svojc domovc.

Uo~je ru.vedenc 11Ured~ ... • od stt;in~ hrv.us.ke vb<lt!

predstavlja cin ~ presedana u s.avremenoj medunamdnoj praksi. Ona je jos jedno

sredstvo u sprovodenju hrvauke po.liti.lce etnl&og ti!ccnp u lrntjnjlm ciljem

NJ.B.. DB. BUrROS BUTIOS GAU

GBNEli.LNI SRD.Hl'All

UJBDINJIDrn NAOJE NJl{JOU

i

.. 2

potpunog cUmln.banja Srba iz RS KN.Jioe I Hrva~ltc.

Odredbama "Uredbc ... ", pttdvideno Je •prlvttmeno prcuzinunje,

koriloenje, upravljanje i na<hor", nad celokupnom pnlcre~ I nepokrctnom

lmovinom progrunlh Srb:t. h: tekst:i "Urcdbc ... '' sc vidi da j~ prav:1 n2mr:r;i n:t.'ldjavanje

Hrvaca ~ im:mja S.rb:l, kojJ su lh ~$till pod orubnlm pritislcom hrv:it~ vojske.

B!ekilt svesa ~ jc sprmvanje prognanlh Srb.t cu~ vrate u 5V04e domove f potpuna

procnen~ ctru&os sastava stanovniltva. Dalja pr.tvn3. poslcdk2, po 5amoj uredhl, l:e. bid

de.finidvno oduzimanjc imovtne prognanih Srba. Time Hrvacsk-.l grubo krlJ

opstepdh~no pN-vilo o nepovredl:vosti printne svojhle u 5lu&fu tt:rltorlj:unlh

promeru, c.ineci op,.u2.n pr-esed:w ne:z~bele2X"'.n u medunarodnom pN.vu, u

d-aJ.e"-oseinJm posledkam.a za miruvni proces, :1 n;;rooto za povratak prognan.lh Sma iz

obl.:uti RS Kr.a.jine I Hrvatske, lcoji je i garnntovan R.ezolucijom SR UN 1009.

N:!pomlnjem, d~ se odredbe ove ~uredbe ... ", o<lno.se i na Jmovinu

dd:avtjan2 SRJugos~vije, Jcao J Seba kojJ se nahze na teritorlji Repub.l.ile Scpske, cime

se jos vik pcosiruje njen diskri.minaclonl bnkter.

EksclenctJo,

nasUno proterlv·.mje S~ kojl su vekovima nasdjavali proStote RS

Kr.tjlne i Hrvatslce, <lov~k> je do iseljavanja oko pol~ millorni. Srha sa ovih teritociµ,

stv.u'ajuci humanlt:lrnu let~ l t2w ijudsk:e trag,ediJe kof i je 8VOm sHinom pao na

pleu. SR Jugoslavijc, koja sc i sama nalau u vviredno tdkom polozaju wzvanom

neopravcfanim sankcijama UN.

Imajuci sve n:1.vedeno u vidu zahtevam, da odm.th pokrenete

inidjatiV\1 za hitnu 2.~titu pokretne i nepolcretne lmovlne Srb:l lcojl su napustili pr05tore

RS Knjine i Hrvatskc, .b.o i l.movinc drlavf.jana SRJug0:'3J~vije na teritoci.JI kota pocpada

pod na~denu '1.Tredbu ... N. Tak.ode senate-am neophodnlm da Sa.vet babednosti pokrcne

odlucnu ah:i_ju ~i sprec-a.vanja oduzlmanj:2. lmovine na bazi ecnlcke pripa<loo.5ti, koja

je ne:zabdeieM. u savremeno; medu.ruu-odnoj zajcdnici 1 protivn:a. medunuodnom

pravu. 'fo jc p~eboo protlvno odrcdbam~ Medu.narodnog pata o g.radansldm i

polltil:kim pravima i Medunarodnc konvcndje o uki<lanju svih oblih nsnc

di.skrlmlnadje , koje lzticito :zabranjuju d lskrlminadju po osnovu etn1tke prlp2.dnostl.

I

" 3

Imajuci u vidu unlltavanje i ~&2nje imovine Srb:l, odcedbc

pomenute hrntske "Uredbe ... "(t•JI prevod je <ht u priJogu), bo i nameru bcvatsk.lh

vl.1.1ti dA donc.u novc zakonske propl.se u ovom pravcu, moUm da SB UN svojo,n

hilnom a.kcljom onernoguti ove ll.kte n.isu"¼:l pr-akse e tn llkog tlk'enJa srp..skog n ;i. roda

U torn kontekstu moUm da pokrenete inldjatlvu cb S8 UN donese odlulcu d:1 se m2n~t

Mlrovnlh map UN u ~ukoj pro§lri ru mtitu tmovtne i dobara Sri», do momenta

po:1tizanj1 konamog mlrovnog resenjaza Ct'.lolrupnl prostor pttthodneJugoslavJJe, kaka

bi se obe7bedila puna zaltita ljudsldh pnva srpsb:>g naroda i onctll08ucib. politib

etnilkog &cenj:a.. Isto ta.k.o moUm da ow. wtita obuhvad rnat~e lmjlge, bo i

zemljlsne knjige koje su uslov ostvarivanja gradanskih l lmovinskih prava Sl'ba. Mollm

d~ UN ob~vefu Hrvatsku da satuva m.itlfoe i zemlfl!ne knjlge, kao I .sva druga

dolrumenta kofima se dokazuju na"-edena prava Srba. Istovremeno mollm da SB UN

utVTdt obavezu biv.ttskJh vl,.stl da obe!tete Srbe z:i. svu imovinu koja im je uni.he~ iU

oplja6ma, poccv od 1990.g.

EbeJencijo,

uveren da cu naJci na VaAe razumevanje l spremnost na uvahv:tnje

tJnjenica lcoje sam Vam pre2entirao, od Vas ponovo tr.l21m (b pttduzmere hltne mere,

u obiru UN blje bi spretilc d2.lju agrcsivnu politlku Hav.uske.

Molim Vas da f ovom prlllkom pdmlte i.zr.tze mag l~nog

.. ' .....

CTA.nHA MHCHJA CABE3HE PEnY6JlHKE JYrOCJlABHJE nPH YJEAHH,EHHM HA4HJAMA

PERMANENT MISSION OF THE FEDERAL REPUBLIC OF YUGOSLAVIA TO THE UNITED NATIONS

854 FIFTH AVENUE, NEW YORK, N.Y. 10021 TEL: (212) 879-8700 FAX: (212) 879-8705

No. ~5{; /95

CENTRAL 13 September 1995

Your Excellency,

I have the honor to transmit, enclosed herewith, a copy of the letter of His Excellency Dr. Radoje Kontic, Prime Mini ster of the Federal Republic of Yugoslavia, which I have today sent to the President of the Security Council.

Please accept, Your Excellency, the assurances of my highest consideration.

His Excellency Dr. Boutros Boutros-Ghali Secretary-General of the United Nations N e w Y o r k

I

'"---'--v fO t- &10U...: C Dragomir Djokic

Ambassador Charge d'affaires a.i.

UNITED NATIONS


S/1995/778

s

8 September 1995

ORIGINAL: ENGLISH

OF THE PERMANENT MISSION OF YUGOSLAVIA TO THE UNITED NATIONS ADDRESSED TO THE PRESIDEN OF THE SECURITY COUNCIL

I have the honour to transmit herewith the "Demand of the Federal Government of the Federal Republic of Yugoslavia to stop the bombardment of the Republic of Srpska", adopted by the Federal Government on 7 September 1995.

I should be grateful if you would have the present letter and its annex circulated as a document of the Security Council.



95-27285 (E) 080995 090995 I llllll lllll 111111111111111 ll1111111111111111

I ...


The Government of the Federal Republic of Yugoslavia energetically demands from the Security Council of the United Nations that the bombardment of the Serb positions and other targets in the Republic of Srpska be immediately stopped. That would eliminate the danger of a possible escalation of the conflict in former Bosnia and Herzegovina as well as the threat to international peace and security in the entire region for which the Security Council is directly responsible under the Charter of the United Nations.

The continuation of North Atlantic Treaty Organization (NATO) air strikes and the actions of the Rapid Reaction Forces (RRF) represent a direct attack on the ongoing negotiations and the announced peace initiatives supported and accepted by the Republic of Srpska. rt· also seriously threatens the steps taken so far with a view to finding a peaceful and just solution to the crisis in former Bosnia and Herzegovina and in the territories of the former Yugoslavia.

It is unacceptable and incomprehensible to continue with air and other attacks and push for the negotiations and peace at the same time, particularly when it is well known that the leadership of the Republic of Srpska accepted the negotiations and demonstrated readiness to continue with the efforts, together with the Federal Republic of Yugoslavia, towards finding a solution acceptable to all parties to the conflict. Such military actions cannot possibly contribute to peace. Military intervention of the United Nations and NATO exclusively against one side encourages the other sides to the conflict to undertake military actions, which plays into the hands of those who advocate the war option and thus initiates a chain reaction with unforeseeable consequences that may be difficult to avert.

The Government of the Federal Republic of Yugoslavia therefore demands that the Security Council of the United Nations undertake most resolute and urgent measures in order to halt immediately air and other NATO attacks and thus create the conditions for the resumption of negotiations and a return to the so-much needed peace.

Belgrade, 7 September 1995

UNITED NATIONS


S/1995/777

s

7 September 1995

ORIGINAL: ENGLISH

LETTER DATED 7 SEPTEMBER 1995 FRO~M~ -·~....._ OF THE PERMANENT MISSION OF YUGOSLAVIA O THE UNITED NATIONS


Upon instruct i ons of my Government, I am writing to express utmost concern regarding the inconsistencies displayed by the competent authorities within the United Nations Protection Force (UNPROFOR) in establishing the facts following the explosion in the v i cinity of the Markale market in Sarajevo, whereupon many civilians were killed or wounded.

The unusually prompt investigation and the report of the United Nations officials on the ground singled out the Bosnian Serb side as the one responsible for this crime . The initiative of the political authorities of the Republic of Srpska and the Commander of the Bosnian Serb Army, General Mladic, that a joint commission consisting. of the representatives of the United Nations, the Serb side and the Muslim side be set up, was rejected. The events that followed culminated in the unprecedented and relentless "retaliation" of the North Atlantic Treaty Organization (NATO) forces against the Bosnian Serbs with farreaching and serious consequences, loss of life and extensive material damage .

Scepticism relating to the UNPROFOR reports has been especially heightened following the explicit report of Colonel Demurenko, in which it is said that the culprits for the "Markale crime 2" should not be sought on the Serb side, i . e. , that the chances that the Serbs were responsible are only theoretical, with a 1 :1 , 000 , 000 margin .

Accordi ng to the Reuters news agency report No. 52176 of 2 September 1995, the statement made for the press by Lieutenant-Colonel Chris Vernon of 2 September 1995 further corroborates those suspicions. It says that "Demurenko is not the only one to have challenged the official version of the event". During the same press conference, C. Vernon also indicated that there were a number of reports of v i tal importance for establishing the facts that reached United Nations Headquarters, including the one made by the officers in Sarajevo and two originating from the United States of America, but those were never revealed .

It should be recalled that this is not the first time that such events are being orchestrated on the eve of crucial negotiations on the establishment of

95-27179 (E) 070995 080995 I 1111111111111111 1111111111 111111111111111111

I . ..

S/19,,95/777 English Page 2

peace in Bosnia and Herzegovina or important decisions for the resolution of the crisis in those territories. For example, the shelling of Sarajevo following the so-called "breadline incident" in May 1992, the explosion in the Sarajevo cemetery during the funeral of orphans in August 1992 and the shelling of the Markale market in February 1994 were aimed at undermining the resumption of the peace process and providing an excuse for those who advocate the war option. It should be emphasized that the culprits for any of the above tragic incidents have not been definitely identified, that the UNPROFOR reports at the time have been questioned by the experts and severely criticized as dubious by the world media. Most· importantly, they have never been publicized. Nevertheless, then as today, an in-depth investigation by joint teams of experts has never been conducted. However, without clear-cut proofs, the retaliatory measures against the Bosnian Serbs were undertaken as well as against the Federal Republic of Yugoslavia by introducing the sanction~ against it.

In view of the above facts, the Government of the Federal Republic of Yugoslavia demands that the investigation to establish the true culprits for the latest shelling in the vicinity of the Markale market, which served as a pretext for the unprecedented NATO air strikes against the Bosnian Serb military and civilian targets; be immediately initiated and that all reports which reached the United Nations in this regard be circulated and made public with a view to establishing the . accurate facts.


, \



UNITED NATIONS


S/1995/768

s

6 September 1995

ORIGINAL: ENGLISH

LETTER DATED 6 SEPTEMBER 1995 FROM THE SECRETARY-GENERAL ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL

I have the honour to transmit the attached report, which was addressed to me on 6 September 1995 by the Co-Chairmen of the Steering Committee of the I nternational Conference on the Former Yugoslavia, concerning the operations of the International Conference's Mission to the Federal Republic of Yugoslavia (Serbia and Montenegro). This report by the Co-Chairmen contains the certification referred to in Security Council resolution 1003 (1995) of 5 July 1995 .



95-27008 (E) 060995 070995 I 1111111111111111 1111111111 11111 1111111111111

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Operations of the Mission of the International Conference on the Former Yugoslavia to the Federal Republic of Yugoslavia

(Serbia and Montenegro)

I. INTRODUCTION

1. The present report is submitted pursuant to paragraph 13 of Security Council resolution 988 (1995) of 21 April 1995 and paragraph 2 of Council resolution 1003 (1995) of 5 July 1995 . In those resolutions, the Council requested that the Secretary-General submit every 30 days for its review, and no fewer than 10 days before 18 September 1995, a report from the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia on the border closure measures taken by the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro).

2. It will be recalled that, on 4 August 1994, the following measures were ordered by the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) to come into effect the same day :

(a) "To break off political and economic relations with the 'Republika Srpska'";

(b) "To prohibit the stay of the members of the leadership of the 'Republika Srpska' (Parliament , Presidency and Government) in the territory of the Federal Republic of Yugoslavia";

(c) "As of today the border of the Federal Republic of Yugoslavia is closed for all transport towards the 'Republika Srpska' e x cept food, clothing and medicine."

3. On 19 September, 3 October, 2 November and 5 December 1994, and 5 January , 3 February, 2 March, 31 March, 13 April, 18 May, 25 June and 3 August 1 995, the Secretary-General transmitted to the Security Council reports from the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia on the state of implementation of the above-mentioned measures (S/1994/1074; S/1994/1124; S/1994/1246; S/1994/1372; S/1995/6; S / 1995 / 104; S/1995/175; S/1995/255; S/1995/302; S/1995/406; S/1995/510 and S/1995 / 645) . The report dated 3 August 1995 contained the following certification from the Co-Chairmen:

"In the light of the foregoing developments, based on the Mission's on-site observation, on the advice of the Mission Coordinator, Mr . T. J . Nieminen, and in the absence of any contrary information from the air, either from the airborne reconnaissance system of the North Atlantic Treaty Organization (NATO) or national technical means, the Co-Chairmen conclude that the Government of the Federal Republic of Yugoslavia (Serbi a and Montenegro) is continuing to meet its commitment to close the border between the Federal Republic of Yugoslavia (Serbia and Montenegro ) and the areas of the Republic of Bosnia and Herzegovina under the contro l of the

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Bosnian Serb forces. The Co-Chairmen also conclude that , during the period covered by the present report, there have been no commercial transshipments across the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the Republic of Bosnia and Herzegovina."

Developments since the last report are outlined below .



5. The authorities of the Federal Republic of Yugoslavia (Serbia and . Montenegro) have provided the Mission with the following list of confiscations conducted along its border with Bosnia and Herzegovina for the month of July 1995:

Petrol Diesel Motor Oil Cigarettes Construction materials Wood Alcohol Food Textiles, clothing, footwear Animals Coffee Electrical gadgets Motor vehicles Other goods

11.9 tons 22.1 tons 155 litres 611 kilograms 4.9 tons 532 cubic metres 282 litres 10.1 tons 1.5 tons 14 531 kilograms 121 kilograms 10 10.6 tons

6. There were 152 new offence procedures initiated during the month of July and 137 were finalized. Fines and penalties amounted to 312,450 dinars. There was a small increase over the previous month in the amount of fuel confiscated, and other categories of goods more or less remained at last month's level. The number of new offence cases, cases finalized and penalties were well above the average for the previous monthly periods.

7. Because of the regular smuggling activity across the Drina River in Sector Alpha, the Mission requested that confiscations in this sector, included in the monthly analysis, be identified separately. This revealed that 76 per cent of the fuel and 83 per cent of other goods confiscated in July along the border outside the border crossing-points occurred in Sector Alpha. These figures indicate that the authorities have taken action to stem smuggling in this highrisk area.

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8. As of 3 September 1995, there are 196 international observers on duty in the Mission. The Mission personnel to date have come from the following countries: Belgium, Canada, Czech Repub+ic, Denmark, Finland, France , Germany, Greece, Ireland, Italy, Netherlands, No~way, Portugal, Russian Federation, Spain, Sweden, United Kingdom of Great Britain and Northern Ireland and United States of America. At this time Canada , Portugal and Spain are not represented in the Mission.

9. In addition to 17 border crossing-points, the Mission mans train stations at Uzice and Priboj on a 24-hour basis to monitor all freight trains that cross into Bosnia between Uzice and Priboj. Operational command of the Pri boj train element was transferred from Sector Bajina Basta to Sector Bravo on 1 September .

10. With the increase of Mission-owned vehicles and communication equipment, the Mission has established a workshop that is manned by three car mechanics and a radio technician.

11. A budget proposal for the next six-month period starting 1 October 1995 and ending 31 March 1996 has been submitted . The overall budget figure of US$ 4,179,700 is based on increasing the size of the Mission to 250 international personnel.

12. During the time period between 6-17 August, approximately 150 , 000 refugees from the Krajina region were estimated to have entered from Bosnia into the Federal Republic of Yugoslavia (Serbia and Montenegro). About two thirds of them crossed at Sremska Raca (Sector Belgrade) and the rest at Badovinci, Trbusnica and Mali Zvornik (Sector Alpha) . Several thousand men in "RSK" uniforms, some of them armed, crossed into the Federal Republic of Yugoslavia (Serbia and Montenegro). Their weapons and ammunition were confiscated by the authorities. Many of the Federal Republic of Yugoslavia (Serbia and Montenegro) authorities manning the border crossing-points worked extremely long hours and their frustration was sometimes, understandably, evident. The border crossingpoints Badovinci and Trbusnica were not manned for some days because of security reasons as refugees were gathering at the border crossing-points in an angry and sometimes vociferous mood. While unmanned, the border crossing-points were periodically patrolled by Mission teams. After 17 August the refugee influx practically subsided and the situation at the northern part of the border returned to normal.

IV. FREEDOM OF MOVEMENT AND SECURITY OF THE PERSONNEL

13. The Mission continues to enjoy freedom of movement within the Federal Republic of Yugoslavia (Serbia and Montenegro). However, on 10 August a Sector Alpha mobile patrol was prevented by a Yugoslav Army (VJ) patrol from proceeding south near Ljubovija. The Mission vehicle was searched by a VJ officer. A protest was lodged on 11 August with the VJ General Staff, which later apologized to the Mission for the incident. Security concerns limited surveillance in the Tara Mountain and Jamena areas and there was a lack of VJ personnel for Mission patrols in Sector Bajina Basta .

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14. On 15 August, the Mission team at Uzice train station (Sector Bajina Basta) reported the arrival of two trains with more than 2,300 refugees. An irritated crowd around the container of Mission monitors at the station posed a danger of a potential conflict. Sealing of the trains was suspended and control of the train movement was conducted by counting cars and checking transit times. The next day the train team returned to its ' normal modus operandi. On 18 August, two monitors were threatened by local civilians from a disco in Bajina Basta. After being notified, the police conducted an investigation.

15. After midnight on 10 August, a Mission observer was involved in a fistfight with a local man in Priboj. On 16 August, a driver from Sector Bravo was hit on the head by a man who also threatened the driver if the latter continued to drive Mission cars . The matter was reported to the police, who identified and arrested the suspect the same day. The next day a Mission interpreter was threatened with rape by some local men if she kept working for the Mission. The incident was also reported to the police.

16. On 15 August , a Mission driver in Vilusi village (Sector Charlie) was cornered by a drunken Yugoslav Army (VJ) soldier who put a knife to the driver's throat, accusing him of being a spy . Another soldier took his intoxicated colleague away . The Yugoslav Army Liaison Officer (VJLO) was informed and promised to take action .

1 7 . On 30 August , just before midnight, there were two explosions in the vicinity of the caravans at border crossing-point Nude (Sector Charlie). The explosions were probably caused by either dynamite or concussion grenades. They did not cause any damage or casualties. There are no indications that this was anything more than an attempt to scare the observers .


18. Cooperation with the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) has generally been good. During the influx of refugees some police and customs officers on the local level tended to distance t hemselves from observers . During August, the customs officers at Novi Sad on some occasions refused to use a metal probe and were reluctant to examine thoroughly bulk consignments of humanitarian aid, despite requests from Sector Belgrade observers . Following discussions between the Mission Senior Customs Adviser and the Federal Republic of Yugoslavia (Serbia and Montenegro) Deputy Director of Customs, an agreement was reached and the normal procedures of examining humanitarian aid were resumed in accordance with the standing arrangements.

VI. INFORMATION RECEIVED FROM NATIONAL AND OTHER SOURCES

.19. The operating principle of the Mission is to base its reporting and evaluations on its own observations and on information that it has verified . The Coordinator of the Mission maintained a standing request to Governments

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possessing the technical capacity to provide it with information relevant to its mandate.

20. On 30 August and 1 September, the Mission received information from unspecified sources that ammunition is being loaded on trucks in different locations in Serbia and that these trucks are crossing into Bosnia at Sremska Raca. The Mission has intensified patrolling around the village of Sremska Raca and has vigilantly monitored the situation at the border crossing-point but no evidence to substantiate the above-mentioned information has been found.


21. Unarmed uniformed personnel continue to cross the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and Bosnia and Herzegovina. During the reporting period, 321 such incidents were recorded, 269 of them at Sremska Raca, not counting the "RSK" soldiers that crossed the border in uniform.

22. At Belgrade Port and Novi Sad, Mission observers in Sector Belgrade regularly refuse to seal humanitarian aid trucks when they have strong grounds for suspecting that the consignments are commercial. In effect, this prevents the loads crossing the border into Bosnia and Herzegovina. However, it is conceivable that, despite the efforts of the observers and the customs officials, some commercial consignments might get through disguised as Yugoslav Red Cross (YRC) humanitarian aid.

23. On 2 August at Sremska Raca (Sector Belgrade) two ambulances and two cars with "RS" military plates were allowed to cross into Bosnia and Herzegovina unchecked. Customs officers at the border crossing-point stated that they had been instructed by the police not to inspect them. Also, on 4 August , an ambulance crossing into Bosnia and Herzegovina was stopped but not searched. On 7 August, a Belgrade-registered taxi was initially denied entry into Bosnia and Herzegovina by Federal Republic of Yugoslavia customs officers for carrying 100 litres of fuel in two containers. After a short wait away from the border crossing-point the taxi was allowed to cross, although the fuel had not been unloaded. On 18 August, also at the border crossing-point at Sremska Raca, an inspection of a loaded truck revealed an estimated 6,000 litres of fuel in drums in the load compartment. The vehicle was impounded and customs offence action was taken against the driver.

24. At Sremska Raca on 10 August, a train (diesel engine and four carriages) was seen heading south on the line behind the border crossing-point. Traffic was stopped at the road/rail bridge and the train crossed the border heading towards the town of Bijeljina in Bosnia and Herzegovina. Later that day the train returned north across the border into the Federal Republic of Yugoslavia (Serbia and Montenegro). This railway line had not been used since the formation of the Mission. The Federal Republic of Yugoslavia (Serbia and Montenegro) a uthorities explained that the train was sent from Sid to Bijeljina to collect refugees who had no transport. The train crossed into Bosnia and Herzegovina again at 1940 hours on 10 ~ugust and returned the next day at

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1245 hours with e ight passenger carriages and some flat-bed freight wagons. These crossings are reported as violations of the border closure as the Mission observers were unable to check the carriages. On 12 August at 0020 hours a train crossed to Bosnia and Herzegovina and returned to the Federal Republic of Yugoslavia (Serbia and Montenegro) at 0300 hours. On both occasions the Mission team checked the carriages. Another tra~n movement took place at 1115 hours outbound and 1345 hours inbound. On these occasions the team was not able to check the train.

25. Smuggling of fuel continues across the Drina River north of Trbusnica (Sector Alpha) , especially in the vicinity of Lesnica. The Mission's mobile patrols have on several occasions detected barrel tracks and evidence of spilt fuel on the ground at the river's edge. Numerous empty barrels and 20-50 litre fuel containers have also been detected. On 22 August, the Sector patrol in the area north of the border crossing-point at Trbusnica reported evidence of fuel being smuggled in drums on boats across the Drina River. Federal Republic of Yugoslavia (Serbia and Montenegro) customs authorities were notified of the violation. On 23 August, a Sector Alpha mobile patrol 4 kilometres north of Trbusnica observed a boat with an outboard motor and loaded with large container-like objects camouflaged with leaves and branches. A few hours later the patrol observed a smaller boat on which was loaded a large number (approximately 40) of cardboard boxes and some canisters. The boat crossed to the "RS" side of the river. On 23 August, in the Citluk area, two boats crossed the River Drina and unloaded their cargo to a truck waiting on the "RS" side. The Mission Senior Customs Adviser met on 25 August with the Deputy Director of the Federal Republic of Yugoslavia (Serbia and Montenegro) customs and discussed the fuel smuggling along the Drina, pointing out the apparent lack of effort by the military and the special police to control it. On 28 August, a letter was sent to the Federal Republic of Yugoslavia (Serbia and Montenegro) customs providing some details of the findings of Sector Alpha mobile patrols. On 1 September, the Mission Coordinator and his Senior Customs Adviser met with the Director General of the Federal Customs Administration to express his serious concerns about the smuggling along the Drina. The Federal Republic of Yugoslavia customs authorities were fully aware of the situation and promised that joint customs, police and military teams will do their utmost to close that part of the border more effectively.

26. After having been curbed for a while, the problem of "ant trade" resurfaced in August, especially at the border crossing-point Badovinci (Sector Alpha), where bicycles are crossing carrying cement and beer. During the Mission Coordinator's meeting with the Director General of Federal Republic of Yugoslavia (Serbia and Montenegro) Customs on 1 September, it was indicated that the bicycle traffic will be reduced significantly.

27. On 21 August, observers at the border crossing-point Badovinci reported that 20 Federal Republic of Yugoslavia (Serbia and Montenegro) policemen armed with assault rifles crossed the border into Bosnia and Herzegovina. They returned two hours later and Federal Republic of Yugoslavia authorities explained to observers that there had been a problem with some "RSK" soldiers that they had had to handle.

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28. During August tension increased iri the Tara mountains in Sector Bajina Basta, where refugee soldiers of the Army of Bosnia and Herzegovina were alleged to have crossed the border from easterrt Bosnia. Mission-patrolling was restricted in the area for security reasons.

29 . At Kotroman on 3 August during the night, three vehicles, one of them an ambulance, were allowed to cross into Bosnia and Herzegovina unchecked.

30 . In Sector Bravo two new river fords were detected two kilometres north of Uvac. The level of the River Lim is low and it is clear that a few small vehicles crossed the river because of the evidence of tracks on both sides of the river. Mission and VJ patrols will observe the new crossings.

31. At Sula on 1 August, two vehicles filled with goods were allowed to cross into Bosnia and Herzegovina without checking. On 31 August at the same border crossing-point, a bus was allowed to cross into Bosnia and Herzegovina without being checked.

32. At Scepan Polje (Sector Charlie) · on 31 July, a vehicle was turned back for carrying excess fuel. The car returned to the village about 300 metres from the border crossing-point. The customs and police officers then looked the other way when the driver and passenger carried four jerrycans to the border down by the river. Afterwards the officers allowed the vehicle to pass to Bosnia to retrieve the illicit cargo on the other side of the checkpoint.

33. At Vracenovici on 2 August, one car containing excess commercial goods was allowed to cross into Bosnia and Herzegovina. On 26 August at Vilusi, a truck loaded with foodstuffs - claimed to be humanitarian aid - was allowed to cross into Bosnia and Herzegovina although it had not been checked and sealed by customs/Mission teams in advance and had no proper documentation.

34. On five separate occasions uniformed policemen and soldiers were allowed to cross the border in Sector Charlie carrying their sidearms: these incidents occurred on 1 and 19 August at Vilusi, on 2 August at Vracenovici, on 19 August at Vilusi and on 19 and 22 August at Scepan Polje.

35 . On 21 August, a helicopter was seen crossing the border in the vicinity of Nude. The investigation revealed that the helicopter was privately owned locally. Probably the same helicopter crossed the border from Bosnia and Herzegovina on 1 September.

VIII. CERTIFICATION

36. In the light of the foregoing developments, based on the Mission's on-site observation, on the advice of the Mission Coordinator, Mr. T. J. Nieminen, and in the absence of any contrary information from the air, either from the airborne reconnaissance system of the North Atlantic Treaty Organization (NATO) or national technical means, the Co-Chairmen conclude that the Government of the Federal Republic of Yugoslavia (Serbia and Montenegro) is continuing to meet its commitment to close the border between the Federal Republic of Yugoslavia (Serbia and Montenegro) and the areas of the Republic of Bosnia and Herzegovina

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under the control of the Bosnian Serb for~es. The Co-Chairmen also conclude that there have been no commercial transs~ipments across the border between the Federal Republic of Yugoslavia (Serbia anq Montenegro) and the Republic of Bosnia and Herzegovina . ·

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