RESOLUTIE
1037
UN
Security
Council
3619th Meeting
Resolution
S/RES/1037
January 15, 1996
Resolution 1037 (1996)
The Security Council,
Recalling its earlier relevant resolutions, and in particular
its resolutions 1023 (1995) of 22 November 1995 and 1025 (1995)
of 30 November 1995,
Reaffirming once again its commitment to the independence, sovereignty
and territorial integrity of the Republic of Croatia and emphasizing
in this regard that the territories of Eastern Slavonia, Baranja
and Western Sirmium are integral parts of the Republic of Croatia,
Stressing the importance it attaches to full respect for human
rights and fundamental freedom of all in those territories,
Expressing its support for the Basic Agreement on the Region
of Eastern Slavonia, Baranja and Western Sirmium (S/1995/951,
annex), signed on 12 November 1995 between the Government of the
Republic of Croatia and the local Serbian community (the Basic
Agreement),
Having considered the report of the Secretary-General of 13 December
1995 (S/1995/1028*),
Stressing the importance it places on mutual recognition among
the successor States to the former Socialist Federal Republic
of Yugoslavia, within their internationally recognized borders,
Desiring to support the parties in their effort to provide for
a peaceful settlement of their disputes, and thus to contribute
to achievement of peace in the region as a whole,
Stressing the obligations of Member States to meet all their
commitments to the United Nations in relation to the United Nations
peace-keeping operations in the former Yugoslavia,
Determining that the situation in Croatia continues to constitute
a threat to international peace and security,
Determined to ensure the security and freedom of movement of
the personnel of the United Nations peace-keeping operation in
the Republic of Croatia, and to these ends, acting under Chapter
VII of the Charter of the United Nations,
Decides to establish
for an initial period of 12 months a United Nations peace-keeping
operation for the Region referred to in the Basic Agreement, with
both military and civilian components, under the name "United
Nations Transitional Administration for Eastern Slavonia, Baranja
and Western Sirmium" (UNTAES);
Requests the Secretary-General
to appoint, in consultation with the parties and with the Security
Council, a Transitional Administrator, who will have overall authority
over the civilian and military components of UNTAES, and who will
exercise the authority given to the Transitional Administration
in the Basic Agreement;
Decides that the demilitarization
of the Region, as provided in the Basic Agreement, shall be completed
within 30 days from the date the SecretaryGeneral informs the
Council, based on the assessment of the Transitional Administrator,
that the military component of UNTAES has been deployed and is
ready to undertake its mission;
Requests the Secretary-General
to report monthly to the Council, the first such report to be
submitted within one week after the date on which the demilitarization
is scheduled to be completed pursuant to paragraph 3 above, regarding
the activities of UNTAES and the implementation of the Basic Agreement
by the parties;
Strongly urges the
parties to refrain from any unilateral actions which could hinder
the handover from UNCRO to UNTAES or the implementation of the
Basic Agreement and encourages them to continue to adopt confidence-
building measures to promote an environment of mutual trust;
Decides that, no later
than 14 days after the date on which demilitarization is scheduled
to be completed pursuant to paragraph 3 above, it will review
whether the parties have shown a willingness to implement the
Basic Agreement, taking into consideration the parties' actions
and information provided to the Council by the Secretary-General;
Calls upon the parties
to comply strictly with their obligations under the Basic Agreement
and to cooperate fully with UNTAES;
Decides to reconsider
the mandate of UNTAES if at any time it receives a report from
the Secretary-General that the parties have significantly failed
to comply with their obligations under the Basic Agreement;
Requests the Secretary-General
to report to the Council no later than 15 December 1996 on UNTAES
and the implementation of the Basic Agreement and expresses its
readiness to review the situation in the light of that report
and to take appropriate action;
Decides that the military
component of UNTAES shall consist of a force with an initial deployment
of up to 5,000 troops which will have the following mandate:
To supervise and facilitate
the demilitarization as undertaken by the parties to the Basic
Agreement, according to the schedule and procedures to be established
by UNTAES;
To monitor the voluntary
and safe return of refugees and displaced persons to their home
of origin in co-operation with the United Nations High Commissioner
for Refugees, as provided for in the Basic Agreement;
To contribute, by its
presence, to the maintenance of peace and security in the region;
and
Otherwise to assist
in implementation of the Basic Agreement;
Decides that, consistent
with the objectives and functions set out in paragraphs 12 to
17 of the Secretary-General's report of 13 December 1995, the
civilian component of UNTAES shall have the following mandate:
To establish a temporary
police force, define its structure and size, develop a training
programme and oversee its implementation, and monitor treatment
of offenders and the prison system, as quickly as possible, as
set out in paragraph 16 (a) of the Secretary-General's report;
To undertake tasks
relating to civil administration as set out in paragraph 16 (b)
of the Secretary-General's report;
To undertake tasks
relating to the functioning of public services as set out in paragraph
16 (c) of the Secretary-General's report;
To facilitate the return
of refugees as set out in paragraph 16 (e) of the Secretary-General's
report;
To organize elections,
to assist in their conduct, and to certify the results as set
out in paragraph 16 (g) of the Secretary-General's report and
in paragraph 12 of the Basic Agreement; and
To undertake the other
activities described in the Secretary- General's report, including
assistance in the coordination of plans for the development and
economic reconstruction of the Region, and those described in
paragraph 12 below;
Decides that UNTAES
shall also monitor the parties' compliance with their commitment,
as specified in the Basic Agreement, to respect the highest standards
of human rights and fundamental freedoms, promote an atmosphere
of confidence among all local residents irrespective of their
ethnic origin, monitor and facilitate the demining of territory
within the Region, and maintain an active public affairs element;
Calls upon the Government
of the Republic of Croatia to include UNTAES and the United Nations
Liaison Office in Zagreb in the definition of "United Nations
Peace Forces and Operations in Croatia" in the present Status
of Forces Agreement with the United Nations and requests the Secretary-General
to confirm urgently, and no later than the date referred to in
paragraph 3 above, on whether this has been done;
Decides that Member
States, acting nationally or through regional organizations or
arrangements, may, at the request of UNTAES and on the basis of
procedures communicated to the United Nations, take all necessary
measures, including close air support, in defence of UNTAES and,
as appropriate, to assist in the withdrawal of UNTAES;
Requests that UNTAES
and the multinational implementation force (IFOR) authorized by
the Council in resolution 1031 (1995) of 15 December 1995 cooperate,
as appropriate, with each other, as well as with the High Representative;
Calls upon the parties
to the Basic Agreement to cooperate with all agencies and organizations
assisting in the activities related to implementation of the Basic
Agreement, consistent with the mandate of UNTAES;
Requests all international
organizations and agencies active in the Region to coordinate
closely with UNTAES;
Calls upon States and
international financial institutions to support and cooperate
with efforts to promote the development and economic reconstruction
of the Region;
Underlines the relationship
between the fulfilment by the parties of their commitments in
the Basic Agreement and the readiness of the international community
to commit financial resources for reconstruction and development;
Reaffirms that all
States shall cooperate fully with the International Tribunal for
the Former Yugoslavia and its organs in accordance with the provisions
of resolution 827 (1993) of 25 May 1993 and the Statute of the
International Tribunal and shall comply with requests for assistance
or orders issued by a Trial Chamber under article 29 of the Statute;
Stresses that UNTAES
shall co-operate with the International Tribunal in the performance
of its mandate, including with regard to the protection of the
sites identified by the Prosecutor and persons conducting investigations
for the International Tribunal;
Requests the Secretary-General
to submit for consideration by the Council at the earliest possible
date a report on the possibilities for contributions from the
host country in offsetting the costs of the operation;
Decides to remain actively
seized of the matter.
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