29 June 1995

Doc. 7342

OPINION

on the situation in Bosnia-Herzegovina

(Rapporteur: Mrs AGUIAR,

Portugal, Liberal, Democratic and Reformers' Group

1.       The committee recalls its opinion on the situation in Bosnia-Herzegovina (Doc. 7066) presented to the Assembly in April 1994 as well as its previous reports concerning the former Yugoslavia, which gave rise to the adoption of Recommendation 1205 (1993), Resolution 1010 (1993) and Resolution 1019 (1994). It considers that, under the current circumstances of intensified fighting, the implementation of the proposals contained in the above texts is more urgent than ever.

2.       The committee is appalled by the cynical and cruel attitude of the Bosnian Serb forces which show total disregard for humanitarian law and cause untold suffering to innocent civilians.

3.       The humanitarian situation in Sarajevo is extremely serious and continues to deteriorate daily. The city is running out of its scarce food stocks and the lack of gas, electricity and water supplies could trigger a large-scale public health crisis at any moment. Medicine stocks are at their lowest ever level even as hospitals are admitting more casualties.

4.       The airlift to Sarajevo has been suspended for eleven weeks, more than twice as long as any previous suspension. The current agreement between the UNHCR and the Bosnian Serbs on delivery of humanitarian aid by road through Serb-controlled territory is very precarious and does not allow for sufficient quantities of aid to enter the city.

5.       The upsurge in fighting also affects the humanitarian situation in other parts of Bosnia-Herzegovina. Thus, the convoy route to Tuzla is blocked and all humanitarian efforts around the Gorazde pocket are blocked by the Bosnian Serb Army.

6.       The committee condemns the shelling and harassment of humanitarian convoys as well as any attempt to use guarantees of safe passage for these convoys as a bargaining chip in negotiations between the warring parties and vis-à-vis the international community. It also condemns the abuse of control by the warring parties of water and energy supplies.

7.       Under these circumstances, the assistance of UNPROFOR in resuming humanitarian deliveries to Sarajevo and other parts of Bosnia-Herzegovina is crucial. Therefore, the committee strongly opposes any plan aiming at the withdrawal of UNPROFOR and considers that UNPROFOR should be strengthened to allow it to ensure the safe and effective delivery of humanitarian aid.

8.       The committee urges the warring parties to respect the rules of international humanitarian law and to give detained combatants the protection and humane treatment to which they are entitled. In this connection, it recalls the capture by the Bosnian Serbs of more than 340 UN military personnel. It is deeply shocked to note the use made by the Bosnian Serbs of captured persons as "human shields".

9.       In view of the prevailing circumstances, the committee also takes this opportunity to express its opposition to the repatriation of refugees from Bosnia-Herzegovina. It considers that repatriation can not be envisaged without ensuring sufficient safeguards for returnees.

10.       Finally, the committee reiterates the necessity for member states to fully protect deserters and draft resisters from Bosnia-Herzegovina who continue to face persecution if they are returned. According to the UNHCR, the first trials of deserters have taken place in Banja Luka.

11.       Consequently, the Assembly should:

-       insist with the warring parties that they allow unhampered access for humanitarian convoys to the civilian populations; where necessary, the military protection of these convoys by the United Nations should be stepped up so as to ensure their free passage;

-       urge the warring parties to respect international humanitarian law, in particular when it comes to the treatment of prisoners;

-       recognize the important role of UNPROFOR in delivering humanitarian assistance and saving life, and therefore call on member states and other countries to strengthen its capacity to protect the civilian population afflicted by the war;

-       continue protecting refugees from Bosnia-Herzegovina, in accordance with United Nations and Council of Europe instruments.

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Reporting committee: Political Affairs Committee.

Committee for opinion: Committee on Migration, Refugees and Demography.

Reference to committee: Reference No. 2014 of 26 June 1995 (request for an urgent debate).

Opinion unanimously approved by the committee on 29 June 1995.

Secretaries to the committee: MM. Newman and Sich.