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12 April 1994
Doc. 7065
REPORT
on the situation in Bosnia-Herzegovina
(Rapporteur: Mr REDDEMANN,
Germany, Group of the European People's Party)
I. Draft recommendation
1. The Assembly welcomes the federation agreement signed between Bosnia's Croats and Moslems, as well as the agreement on a confederation between Croatia and the proposed Federation of Bosnia and Herzegovina.
2. It notes with satisfaction that these agreements also refer to standards set by the Council of Europe.
3. The Assembly welcomes the statement of the Committee of Ministers "that the Council of Europe is ready to contribute to a further process of reconciliation, of restoration and reconstruction of democratic institutions and mechanisms and of the rule of law in the Republic of Bosnia-Herzegovina".
4. The Assembly strongly condemns all violations of the safe area of Gorazde. It fully supports all measures, including air strikes, taken to ensure respect for the decisions of the United Nations Security Council.
5. It regrets that the Bosnian Serbs have so far refused to join the proposed federation and continue to insist on unification with Serbia. The Assembly appeals to them to reconsider their position.
6. Consequently, the Assembly recommends that the Committee of Ministers:
i. offer expert assistance to the future Federation of Bosnia and Herzegovina;
ii. invite the future Federation of Bosnia and Herzegovina to adhere to those Council of Europe legal instruments in which it may express an interest;
iii. examine the possibility of using the Social Development Fund to provide financial assistance to the future Federation of Bosnia and Herzegovina, in particular as regards the resettlement of displaced persons.
II. Explanatory memorandum
by Mr REDDEMANN
1. Since the beginning of the war in Bosnia-Herzegovina, the Assembly has held no less than 8 debates on the issue, resulting in the adoption of 7 texts. However, like those of most other international statements, be they from the United Nations, the European Union or others, its words had little to no impact on the actual events.
2. At the time of writing this report, Bosnian-Serb forces continued a major offensive against the Moslem enclave of Gorazde, declared a safe area by the United Nations Security Council. On 10 April 1994, at the request of UNPROFOR, and following the approval of the Special Representative of the United Nations Secretary-General, NATO aircraft attacked Bosnian-Serb positions.
3. It was the decision of the North Atlantic Council on 9 February 1994 to threaten NATO air-strikes against violators of the Sarajevo exclusion zone which brought about a lasting cease-fire in that city and, for the first time, prospects for the lifting of the siege in accordance with United Nations Security Council Resolutions 824, 836 and 844. The full text of the decision is included in Appendix 1.
4. On 10 February 1994, President Martinez on behalf of the Assembly expressed the hope that the NATO decision "will permit the beginning of genuine peace negotiations to which it is ready to contribute within the scope of its sphere of competence."
5. On 14 February 1994, the Committee of Ministers, at the 508th meeting of the Ministers' Deputies, adopted a statement on Bosnia-Herzegovina in which it welcomed the decision taken by the North Atlantic Council. The Committee further stressed "that the Council of Europe is ready to contribute to a further process of reconciliation, of restoration and reconstruction of democratic institutions and mechanisms and of the rule of law in the Republic of Bosnia-Herzegovina".
6. The Political Affairs Committee, at its meeting on 1 March 1994, considered that the compliance with the Sarajevo ultimatum had created a situation on which the Assembly should be enabled to comment. This is why it asked the Bureau of the Assembly to propose the holding of an urgent procedure debate.
7. The growing involvement of the Russian government was demonstrated by the appointment of a special representative and the contribution of troops to UNPROFOR (United Nations Protection Force) in Sarajevo, which played a key role in the acceptance of the cease-fire in Sarajevo by the Bosnian Serbs.
8. The momentum generated by the positive developments in Sarajevo and elsewhere was seized by United States diplomacy which enabled a Federation Agreement to be reached between Bosnia's Croats and Moslems as well as agreement on a confederation between Croatia and the proposed Federation of Bosnia and Herzegovina. These agreements were signed by, respectively, the Bosnian Prime Minister Siladjic and the Bosnian Croat leader Zubak, and by Croatia's President Tudjman and Bosnian President Izetbegovic in Washington on 18 March 1994.
9. Although these agreements were a major breakthrough, they do not cover the nearly 70 percent of Bosnian territory which is under Serb control. In many areas, fighting seemed set to continue. The existing cease-fires remained fragile, also because of shortage of UNPROFOR personnel to monitor the situation. A chronology of events is attached as Appendix 2.
10. The text of the confederation agreement specifically refers to a number of Council of Europe legal instruments, in particular the European Convention on Human Rights and the European Social Charter, as well as to Assembly's Recommendation 1134 (1990) on the rights of minorities.
11. The fact that both Croatia's parliament and the parliament of Bosnia-Herzegovina enjoy special guest status with the Assembly could contribute to an on-going dialogue and implementation of the agreements.
12. The Committee of Ministers should act on its declaration of 14 February 1994 and make specific proposals which could strengthen the agreements reached.
13. The Assembly should recommend that the Committee of Ministers
- offer expert assistance to the future Federation of Bosnia and Herzegovina;
- invite the future Federation of Bosnia and Herzegovina to adhere to those Council of Europe legal instruments in which it may express an interest;
- examine the possibilities of using the Social Development Fund to provide financial assistance to the future Federation of Bosnia and Herzegovina, in particular as regards the resettlement of displaced persons.
APPENDIX 1
Decisions taken at the meeting of the North Atlantic Council
on 9th February 1994 1
The COUNCIL:
(1) expresses its indignation at the indiscriminate attacks which have once again struck the people of Sarajevo in recent days;
(2) notes that the siege of Sarajevo is continuing, and that consequently the Bosnian Serbs bear the main responsibility for the tragic loss of civilian life that results from it;
(3) reaffirms the Alliance's support for a negotiated settlement of the conflict in Bosnia, agreeable to all parties;
(4) recalls that on 11th January 1994, the Heads of State and Government of the members of the Alliance reaffirmed their readiness, in accordance with the Alliance decisions of 2nd and 9th August 1993, to carry out air strikes in order to prevent the strangulation of Sarajevo;
(5) commends the European Union Action Plan of 22nd November 1993 to secure a negotiated settlement, and considers, in this context and with regard to UN Security Council Resolutions 824, 836 and 844 that the lifting of the siege of Sarajevo could be a step toward the placing of Sarajevo under UN administration, in conformity with that plan; also commends the current efforts of the UN negotiators towards securing the demilitarization of Sarajevo;
(6) condemns the continuing siege of Sarajevo and, with a view to ending it, calls for the withdrawal, or regrouping and placing under UNPROFOR control, within ten days, of heavy weapons (including tanks, artillery pieces, mortars, multiple rocket launchers, missiles and anti-aircraft weapons) of the Bosnian Serb forces located in an area within 20 kilometres of the centre of Sarajevo, and excluding an area within two kilometres of the centre of Pale;
(7) calls upon the Government of Bosnia-Herzegovina, within the same period, to place the heavy weapons in its possession within the Sarajevo exclusion zone described above under UNPROFOR control, and to refrain from attacks launched from within the current confrontation lines in the city;
(8) calls upon the parties to respect the ceasefire; all concerned should make every effort, during this ten-day period, to achieve by agreements the withdrawal or control of heavy weapons as called for in the preceding paragraphs; failure to reach such an agreement will not result in the extension of this period;
(9) authorizes the NATO Military Authorities to support UNPROFOR in carrying out its task of identifying heavy weapons that have not been withdrawn or regrouped in conformity with these decisions;
(10) decides that, ten days from 2400 GMT 10th February 1994, heavy weapons of any of the parties found within the Sarajevo exclusion zone, unless controlled by UNPROFOR, will, along with their direct and essential military support facilities, be subject to NATO air strikes which will be conducted in close coordination with the UN Secretary General and will be consistent with the North Atlantic Council's decisions of 2nd and 9th August 1993;
(11) accepts, effective today, the request of the UN Secretary General of the 6th February and accordingly authorizes the Commander-in-Chief, Allied Forces Southern Europe to launch air strikes, at the request of the United Nations, against artillery or mortar positions in or around Sarajevo (including any outside the exclusion zone) which are determined by UNPROFOR to be responsible for attacks against civilian targets in that city);
(12) strict respect for the safety of UNPROFOR and other UN and relief agency personnel throughout Bosnia-Herzegovina and for the right of free access of all these personnel to Sarajevo;
(13) asks the Secretary General to inform the Secretary General of the United Nations of these decisions.
APPENDIX 2
Chronology of events
AS/Pol (1994) 10
5 February 1994:
A mortar attack on a Sarajevo market killed 68 people and injured nearly 200.
9 February 1994:
The North Atlantic Council issued an ultimatum to the Bosnian Serbs. It condemned "the continuing siege of Sarajevo" and, with a view to ending it, called for "the withdrawal, or regrouping and placing under UNPROFOR control, within 10 days, of heavy weapons (...) of the Bosnian Serb forces located in an area within 20 kilometres of the centre of Sarajevo, and excluding an area within 2 kilometres of the centre of Pale". Air strikes would be initiated against heavy weapons regarding which the ultimatum had not been observed.
10 February 1994:
Russia strongly criticised the ultimatum, believing that the Atlantic Alliance was taking decisions that were solely a matter for the UN.
11 February 1994:
Resumption of the Geneva negotiations on the geographical division of Bosnia; refusal by the Muslim delegation to discuss a separate agreement on the demilitarisation of Sarajevo outside a global agreement.
16 February 1994:
Greece decreed a trade blockade against the former Yugoslav Republic of Macedonia.
18 February 1994:
Russia claimed to have secured from the Bosnian Serbs an undertaking to withdraw their heavy weapons from the vicinity of Sarajevo.
20 February 1994:
Expiry of the ultimatum at 2400 hours GMT. According to General Rose, the UNPROFOR commander in Bosnia-Herzegovina, NATO did not need to conduct air strikes.
22 February 1994:
An international conference on Bosnia attended by American, Russian, Canadian and European diplomats opened in Bonn with a view to taking advantage of the peace process resulting from the success of the NATO ultimatum in Sarajevo.
23 February 1994:
The Russian President, Mr Yeltsin, proposed to his American, German, British and French counterparts the holding of a summit in Moscow or Geneva to sign a "historic document" putting an end to the conflict in former Yugoslavia.
A meeting of the Bosnian Croat and Muslim military leaders began in the presence of the UNPROFOR commander, General Cot, with a view to concluding a general ceasefire between the Bosnian Croat forces (HVO) and the mainly Muslim governmental army.
25 February 1994:
Entry into force of the ceasefire between Croats and Muslims.
Talks in Washington between the Croat Minister for Foreign Affairs and the US Secretary of State on a "possible Croat-Muslim agreement" in Bosnia.
28 February 1994:
NATO aircraft opened fire over Bosnia, bringing down four Bosnian Serb aircraft which had violated the no-fly zone.
1 March 1994:
Signing of an outline agreement on the creation of a Croat-Muslim federation by the Bosnian Prime Minister, Haris Siladjzic, the Croat Minister for Foreign Affairs, Mate Granic and the leader of the Bosnian Croats, Kresimir Zubak.
Conclusion in Washington of a political agreement providing for the transformation of Bosnia-Herzegovina into a federation of the Croat and Muslim peoples, destined to become confederated with the Republic of Croatia.
4 March 1994:
Spanish, British and Canadian units of the UN protection force set up 15 weapons collection points, marking the beginning of the monitoring of the ceasefire.
Beginning of the negotiations in Vienna between Croats and Muslims at the American Embassy with a view to drawing up a constitution for their future federation.
A high-level transitional committee also met for 10 days in order to work out a preliminary agreement on the confederation between Croatia and the above-mentioned Croat-Muslim federation as well as military arrangements in Bosnia concerning the federation's territory.
5 March 1994:
United Nations Security Council Resolution 900 requested the UN Secretary General to appoint a senior civilian official "for a limited period" for the restoration of essential public services in Sarajevo, following the draft resolution tabled by France. The idea was not to establish a UN trusteeship over the Bosnian capital. The resolution was aimed at restoring the main public services and called upon the Serbs and Muslims "to remove any hindrance to (...) freedom of movement".
7 March 1994:
The Croat President, Franjo Tudjman, announced that the question of setting up a confederation between the Republic of Croatia and the future Croat-Muslim federation in Bosnia would be subjected to a popular referendum in Croatia, as provided for in the Croat Constitution. According to Mr Tudjman, however, such a referendum could not be held before the "Serb question" was settled in Bosnia, namely the agreement or refusal by the Bosnian Serbs to be associated with the Croat-Muslim federation in Bosnia.
As part of an operation called "Pegasus", Swedish and Danish UNPROFOR troops (totalling 140) took control of the military airport of Tuzla to prepare its opening for humanitarian flights.
8 March 1994:
Visit to Belgrade by Charles Redman, the American President's envoy for former Yugoslavia, to discuss with the Yugoslav leaders the outline agreement signed in Washington on Tuesday 1 March by the Bosnian Muslims and Croats on the setting up of a Croat-Muslim federation.
9 March 1994:
Visit to Moscow by the Croat Minister for Foreign Affairs, Mr Mate Granic, to try to secure participation by the Bosnian Serbs in the peace efforts after the conclusion of the agreement between Croats and Muslims for the creation of a federation of Bosnia.
France decided to send reinforcements rapidly to Sarajevo in the form of a 800-strong battalion.
10 March 1994:
The Muslim city of Tuzla, besieged by the Bosnian Serbs, was shelled for the first time after nearly two weeks of ceasefire.
11 March 1994:
UNHCR announced its intention of establishing a humanitarian airlift equivalent to the Sarajevo airlift to supply Tuzla and its region, encircled on three fronts by the Bosnian Serb forces.
The United Kingdom announced the despatch of 900 more troops to Bosnia at the request of the UN, which was calling for reinforcements to consolidate the ceasefire in Sarajevo and extended to the other Muslim enclaves besieged by the Serbs.
12 March 1994:
The commanders-in-chief of the Bosnian army and the Bosnian Croat forces (HVO) signed an agreement laying down the principles to govern the creation of a joint army.
15 March 1994:
General Jean Cot, commander of the UNPROFOR, was replaced by General Bertrand de Lapresle.
18 March 1994:
Signing of the agreements establishing the principles of a confederation between Bosnia and Croatia and the creation in Bosnia of a Croat-Muslim federation in Bosnia-Herzegovina. The agreement was described as "preliminary" pending the Serbs' accession to it. The confederation would come into force only after a final agreement with the Serbs.
20 March 1994:
500 Muslim prisoners held by the Bosnian Croat forces and 364 Croat prisoners held by the Bosnian governmental forces were released simultaneously.
21 March 1994:
For the first time for five months, a humanitarian aid convoy succeeded in reaching Maghalj, a Muslim enclave in the north of Bosnia. The Bosnian Serbs agreed to the dispatch of a second aid convoy for Maglaj from Zagreb.
Mr Boutros Boutros-Ghali, the United Nations Secretary General, recommended a one-year extension to the UNPROFOR mandate in former Yugoslavia, due to expire on 31 March.
22 March 1994:
Reopening of Tuzla airport with the landing of the first aircraft of the humanitarian airlift organised by UN HCR in the region.
The UN protection force discovered several heavy weapons in the Sarajevo heavy-weapon exclusion zone. NATO again threatened air strikes to compel the Bosnian Serbs to place these heavy weapons under UNPROFOR control.
The ceasefire negotiations between the Croat authorities and the Serb secessionists of Krajina were adjourned on Tuesday-Wednesday night in Zagreb, both sides agreeing to continue them on 29 March.
26 March 1994
The "parliament" of the "Croat republic" approved, in Mostar, the Washington agreement on the creation of a Croat-Muslim federation.
For the first time since last spring, the commanders-in-chief of the Bosnian army and the Bosnian Croat forces met in Sarajevo. The purpose of the meeting was to work out the military aspects of the Washington agreement.
28 March 1994:
Beginning of the Bosnian Parliament's session aimed at taking the first step towards the creation of the future Croat-Muslim federation of Bosnia. The Bosnian Serbs opposed to the partition of Bosnia and to the secessionist policy of Mr Radan Karadzic set up a Serb civic council to defend their interests.
29 March 1994:
At the Russian Embassy in Zagreb, the representatives of Croatia and of the Serb secessionists of Krajina resumed their negotiations aimed at concluding a cease-fire.
30 March 1994:
The United States refused to be associated with a draft resolution authorising a substantial strengthening of the UNPROFOR.
1 April 1994:
Intensification of the fighting in the Muslim enclave of Gorazde. Six-month extension of the UNPROFOR's mandate by the UN Security Council.
4 April 1994:
Entry into force of a cease-fire between the Croat authorities and the Serb secessionists of Krajina (Croatia).
Bosnian-Serb forces broke through the Bosnian army's defence line south of Gorazde.
5 April 1994:
About 50 people were killed and some 250 others wounded in the fighting under way for more than a week in Gorazde.
6 April 1994:
The UN Security Council called on the Bosnian Serbs to put an immediate end to all attacks on the Muslim enclave of Gorazde. It adopted by consensus a declaration asking the belligerents to take all requisite measures to ensure full observance of the status of the safe areas.
10 April 1994
At the request of UNPROFOR, NATO aircraft attacked Bosnian-Serb positions near Gorazde.
Reporting committee: Political Affairs Committee.
Budgetary implications for the Assembly: None.
Reference to committee: Urgent debate decided by the Assembly on 11 April 1994.
Draft recommendation unanimously adopted by the committee on 12 April 1994.
Members of the committee: Mr Reddemann (Chairman), Mrs Baarveld-Schlaman (Vice-Chairperson), Lord Finsberg (Vice-Chairman),MM Agnelli, Alvarez-Cascos (Alternate: Fabra), Andreotti (Alternate: Visibelli), Antretter, Baumel, Bernardini, Björn Bjarnason, Bokov, Bratinka, Büchel, Dimas (Alternate: Pavlidis), Espersen, Fogas, Galanos, Gricius, Güner, Mrs Haller, Mrs Halonen, MM Hardy, Hellström, Irmer, Iwinski, Kalus (Alternate: Novak), Kaspereit, Kelam, Kelchtermans, Kenneally, König (Alternate: Mautner-Markhof), Mrs Lentz-Cornette, MM van der Linden, Machete, Martins, Masseret, Micewski (Alternate: Uczkienicz), Mimaroglu, Mühlemann, Pahor, Panov, Mrs Papandreou (Alternate : Vrettos), Psaila Savona, de Puig, Radulescu Bottica, Schieder, Seeuws, Severin, Sir Dudley Smith, Spacek, Szent-Ivanyi, Tarschys, Thoresen, Trabacchini (Alternate: Ferrarini).
NB. The names of those members who took part in the meeting are printed in italics.
Secretaries of the committee: Mr Sorinas, Mr Kleijssen and Ms Chatzivassiliou.
1 1 Greece dissociates her position as indicated in the statement recorded in the minutes.