Situation of Human Rights in Parts of South-Eastern Europe

A/RES/55/113No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 114cHuman rights situations and reports of special rapporteurs and representatives, published in 2001.

What other versions does this mandate have?

2 versions · 2001–2002

This is an older version — the most recent is A/RES/56/172

2002A/RES/56/172Situation of human rights in parts of South-Eastern EuropeLatestCompare with previous version
2001A/RES/55/113Situation of human rights in parts of south-eastern Europe

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What does this mandate say?

51 operative paragraphs

Reiterates its call for the full and consistent implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina and the annexes thereto (collectively the “Peace Agreement”)7 by all parties;

Stresses the crucial role of human rights in the successful implementation of the Peace Agreement, and underlines the obligations of all parties under the Peace Agreement to comply with international human rights law and to secure for all persons within their jurisdiction the highest level of international norms and standards of human rights and fundamental freedoms, including the rule of law and effective administration of justice at all levels of government, the freedom and independence of the media, freedom of expression, freedom of association, including with respect to political parties, freedom of religion and freedom of movement;

Also stresses the need for enhanced international efforts to foster and effect the prompt and voluntary return of displaced persons and refugees in safety and with dignity;

Condemns the growing problem of trafficking in women in the region, and calls upon all concerned authorities to combat actively this criminal practice;

Urges all States and parties to the Peace Agreement that have not done so to meet their obligations to cooperate fully with the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, as required by Security Council resolution 827 (1993) of 25 May 1993 and all subsequent relevant resolutions, and in particular to comply with their obligations to arrest and transfer to the custody of the Tribunal those indicted persons present in their territories or under their control;

Notes that varying degrees of progress have been made in the human rights situation in all States and by all parties to the Peace Agreement, but that substantial efforts remain to be made in several areas;

Reiterates its call upon all States and parties to the Peace Agreement to ensure that the promotion and protection of human rights and effective, functioning democratic institutions will be central elements in developing civilian structures;

Notes the progress made by Bosnia and Herzegovina in the implementation of the Peace Agreement;

Also notes the progress made with regard to refugee returns in Bosnia and Herzegovina, while calling upon all authorities actively to support the return process for minority refugees and internally displaced persons, inter alia, through the eviction of illegal occupants of housing intended for internally displaced persons and refugees, in particular in areas of the Republika Srpska with a majority population of Bosnian Serbs and areas of the Federation of Bosnia and Herzegovina with a majority population of Bosnian Croats;

Welcomes the “Constituent Peoples” decision of the Constitutional Court of Bosnia and Herzegovina, which reflects the commitment of Bosnia and Herzegovina to meeting the highest standards of human rights and fundamental freedoms;

Condemns the harassment of returning minority refugees and internally displaced persons in Bosnia and Herzegovina, including the destruction of their homes, in particular in areas of the Republika Srpska with a majority population of Bosnian Serbs and areas of the Federation with a majority population of Bosnian Croats;

Also condemns recurrent instances of religious discrimination and the denial to religious minorities of their right to rebuild religious sites in Bosnia and Herzegovina, in particular in the territory of the Republika Srpska;

Further condemns the manipulation of the press by political parties and government officials, including the selective application of slander and tax laws to harass journalists and editors;

Calls upon all authorities in Bosnia and Herzegovina, in particular those within the Republika Srpska, to cooperate fully with the International Tribunal for the Former Yugoslavia;

Calls upon the authorities of Bosnia and Herzegovina, including those of the Republika Srpska and the Federation:

To implement the decisions of the High Representative and to fulfil their obligations under the Peace Agreement and the declarations of the Peace Implementation Council;

To implement the decisions of the Commission on Human Rights on Bosnia and Herzegovina, the Office of the Human Rights Ombudsman and the Human Rights Chamber, and the decisions of the Commission for Real Property Claims of Displaced Persons and Refugees;

To establish a fully staffed and funded judiciary which effectively protects the rights of all citizens;

To adopt an effective and fair election law, in cooperation with the Organization for Security and Cooperation in Europe;

To implement fully all the provisions of the New York Declaration adopted on 15 November 1999;

To support the work of the common institutions and implement fully the actions mandated by the Peace Implementation Council at its ministerial meeting held at Brussels on 23 and 24 May 2000;

Welcomes the political change following the recent elections in the Federal Republic of Yugoslavia, which shows the clear decision of the people to choose democracy, respect for human rights and integration into the international community over dictatorship and isolation, and looks forward to the new authorities ensuring respect for the rule of law and for the promotion and protection of human rights;

Also welcomes the admission of the Federal Republic of Yugoslavia to membership in the United Nations;

Further welcomes the commitment of, and encourages efforts by, the new democratic authorities of the Federal Republic of Yugoslavia to investigate past abuses of human rights, including violations of the human rights of ethnic groups in Kosovo, the repression and harassment of peaceful political activists, illegal and/or hidden detentions, and other violations of human rights and fundamental freedoms;

Welcomes the appointment by the United Nations High Commissioner for Human Rights of the Special Envoy on persons deprived of liberty in connection with the Kosovo crisis in the Federal Republic of Yugoslavia, and calls upon all authorities to cooperate with the Special Envoy;

Also welcomes the commitment of the new democratic authorities of the Federal Republic of Yugoslavia to promoting and protecting free and independent media, and looks forward to welcoming the repeal of any laws that hinder the full and free exercise of human rights and fundamental freedoms in the Federal Republic of Yugoslavia;

Calls upon all authorities of the Federal Republic of Yugoslavia to respect the rights of all persons belonging to any of its national or ethnic, religious and linguistic minorities;

Welcomes the commitment by the Federal Republic of Yugoslavia to implement fully and in good faith its obligations under the Peace Agreement and to abide by the terms of Security Council resolution 1244 (1999), and calls upon the Federal Republic of Yugoslavia to cooperate with the Office of the United Nations High Commissioner for Refugees and other humanitarian organizations to alleviate the suffering of refugees and internally displaced persons, to protect them, and to assist their voluntary return to their homes in safety and with dignity;

Encourages States to consider providing additional voluntary contributions to support the new democratic authorities so that they may meet the pressing human rights and humanitarian needs in the area;

Calls upon the authorities of the Federal Republic of Yugoslavia to comply with their obligation to cooperate fully with the International Tribunal for the Former Yugoslavia, and welcomes the announced reopening of the Office of the International Tribunal in Belgrade and the pledge of the authorities of the Federal Republic of Yugoslavia to cooperate with it;

Underlines the obligation of the authorities of the Federal Republic of Yugoslavia to abide by the terms of Council resolution 1244 (1999) and the general principles on a political solution to the Kosovo crisis adopted on 6 May 1999 and annexed to that resolution;

Reaffirms that the human rights and humanitarian situation in Kosovo shall be addressed within the framework of a political solution based and built upon the general principles set out in the annex to Council resolution 1244 (1999);

Welcomes the efforts of the United Nations Interim Administration Mission in Kosovo and the Kosovo Force, and calls upon all parties in Kosovo and the authorities of the Federal Republic of Yugoslavia to cooperate fully with the Mission and the Force in the fulfilment of their respective mandates;

Encourages States to consider providing additional voluntary contributions to support the Mission in meeting the pressing administrative, human rights and humanitarian needs in the area;

Welcomes the work in Kosovo of the Office of the United Nations High Commissioner for Human Rights and the Office of the United Nations High Commissioner for Refugees and the efforts of the Organization for Security and Cooperation in Europe;

Recognizes the strong efforts of the Mission, the United Nations civilian police and the Kosovo Police Service in developing and training the core of a multi-ethnic local police force throughout Kosovo;

Calls upon all parties in Kosovo to cooperate with the Mission to ensure full respect for all human rights and fundamental freedoms and democratic norms in Kosovo;

Urges all parties in Kosovo to support and strengthen a multi-ethnic society in Kosovo that respects the rights of all persons belonging to minorities and that includes them in all provisional and new civil administration institutions in Kosovo, and to support the Mission fully in this regard;

Welcomes the recent holding of peaceful municipal elections in Kosovo, which is a landmark in the democratic development of Kosovo and in the implementation of Council resolution 1244 (1999), and commends in this regard the support by all parties of the efforts of the Mission;

Commends the Mission for its efforts to create an independent and impartial judiciary system in Kosovo, and urges all local Serb and Albanian leaders, and the leaders of other minorities in Kosovo, to take all steps necessary to support these efforts;

Calls upon all local Kosovar officials, ethnic representatives and all individuals to respect the right to freedom of opinion and expression for all points of view, the right to a free, independent media and the right to freedom of religion;

Calls upon the authorities in the Federal Republic of Yugoslavia, and the representatives of all ethnic groups in Kosovo, to condemn all acts of terrorism and forced evictions from homes or places of work of any resident of Kosovo, whatever the ethnic background of the victim and whoever the perpetrators, to refrain from all acts of violence and to use their influence and leadership to bring all parties to cooperate fully with the Force and the Mission in stopping these incidents and in bringing the perpetrators to justice;

Stresses the importance of the return of refugees and of all displaced persons, whatever their ethnic background, and expresses its concern about reports of continuing harassment or other impediments in this regard;

Also stresses the importance for, and the responsibility of, all parties in Kosovo to suppress all harassment of individuals or groups of any background and to create a secure environment that will offer to all those who wish to remain in Kosovo, irrespective of ethnic origin, a genuine possibility of doing so;

Further stresses the urgent need for all ethnic groups to cooperate with the Mission and the Force to rebuild and strengthen common institutions for all and to desist from creating any sort of parallel institutions;

Calls upon the authorities of the Federal Republic of Yugoslavia to release those persons detained and transferred from Kosovo to other parts of the Federal Republic of Yugoslavia, or to specify the charge under which each individual is detained and to afford them due process of law, and to guarantee their families and non-governmental organizations and international observers unimpeded and regular access to those who remain in detention, and, in this regard, welcomes as a first important step the release of the prominent human rights activist, Flora Brovina, and the release of twenty-three additional detainees;

Calls upon the authorities of the Federal Republic of Yugoslavia, and all local Kosovo ethnic Serb and Albanian leaders, to provide information on the fate and whereabouts of the high number of missing persons from Kosovo, and encourages the International Committee of the Red Cross, in this regard, to continue its clarification efforts, in cooperation with other organizations;

Expresses its concern about the forced ethnic division of any part of Kosovo as being contrary to Council resolution 1244 (1999) and to the guiding principles of the Rambouillet accords, and stresses the need for all parties in Kosovo to take all necessary measures to prevent or reverse any action that de facto or de jure permits such ethnic cantonization;

Condemns all trafficking in women by any party in Kosovo, and calls upon the local authorities and the Mission to take all steps necessary to prevent and stop it;

Requests the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia to continue to monitor closely the situation of human rights in Kosovo, and to report his findings to the Commission at its fifty-seventh session and to the General Assembly at its fifty-sixth session;

Decides to continue its examination of this question at its fifty-sixth session under the item entitled “Human rights questions”.

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Situation of Human Rights in Parts of South-Eastern Europe

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