UN Security Council Resolution 1037

Country/entity
Croatia
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
UN Security Council Resolution 1037
Date
15/01/1996
Agreement status
Unilateral document
Interim arrangement
No
Agreement/conflict level
Interstate/intrastate conflict(s) (Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.

Balkan Conflicts (1991 - 1995) (1998 - 2001) )
Stage
Implementation/renegotiation (Implementation modalities)
Conflict nature
Government/territory
Peace process
127: Croatia negotiation process
Parties
The United Nations Security Council (Members at the time: United States of America, Russia, China, United Kingdom, France, Egypt, Guinea-Bissau, Botswana, Republic of Korea, Indonesia, Chile, Honduras, Germany, Italy and Poland)
Third parties
Description
THis UNSC Resolution commits to implementing commmitments made in the Basic Agreement signed on 12 November 1995. These include provisions to establish a United Nations peace-keeping operation, under the name "United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium" (UNTAES).

Agreement document
HR_960115_UNSC Resolution 1037.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Rhetorical
Page 3-4, 12.
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;
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Substantive
Page 3, 10.
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:...(b) To monitor the voluntary and safe return of refugees and displaced persons to their home of origin in cooperation with the United Nations High Commissioner for Refugees, as provided for in the Basic Agreement;...

Page 3, 11.
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:...(d) To facilitate the return of refugees as set out in paragraph 16 (e) of the Secretary-General’s report;
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

State definition
Nature of state (general)
Page 1, Untitled preamble
...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,...
Independence/secession
Page 1, Untitled preamble
...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 places on mutual recognition among the successor States to the former Socialist Federal Republic of Yugoslavia, within their internationally recognized borders,...


Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
Page 3, 11.
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:...(e) 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;
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
Page 3, 10.
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:...(b) To monitor the voluntary and safe return of refugees and displaced persons to their home of origin in cooperation with the United Nations High Commissioner for Refugees, as provided for in the Basic Agreement;...

Page 4, 16.
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;

Page 4, 17.
Requests all international organizations and agencies active in the Region to coordinate closely with UNTAES;
Traditional/religious leaders
No specific mention.
Public administration
Page 3, 11.
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:... (b) To undertake tasks relating to civil administration as set out in paragraph 16 (b) of the Secretary-General’s report; (c) To undertake tasks relating to the functioning of public services as set out in paragraph 16 (c) of the Secretary-General’s report;

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 1, Untitled preamble
...Stressing the importance it attaches to full respect for human rights and fundamental freedom of all in those territories,...

Page 3-4, 12.
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;
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
Other
Page 4,

21. Stresses that UNTAES shall cooperate 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;
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 2, Untitled preamble
...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,...
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
Page 3, 11.
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: (a) 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;...
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 3, 11.
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:...(f) 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;

Page 4, 18.
Calls upon States and international financial institutions to support and cooperate with efforts to promote the development and economic reconstruction of the Region;

Page 4, 19.
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;
Infrastructure and reconstruction
Page 4, 19.
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;
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
Page 4, 18.
Calls upon States and international financial institutions to support and cooperate with efforts to promote the development and economic reconstruction of the Region;
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 2, Untitled preamble
...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,...

Page 2, 3.
Decides that the demilitarization of the Region, as provided in the Basic Agreement, shall be completed within 30 days from the date the Secretary-General 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;

Page 2, 4.
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;

Page 2, 6.
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;

Page 3, 10.
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:
(a) 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;
...(c) To contribute, by its presence, to the maintenance of peace and security in the region;

Page 3-4, 12.
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;
Ceasefire
No specific mention.
Police
Page 3, 11.
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:
(a) 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;...
Armed forces
Page 4, 13.
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;
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
International courts
Page 4, 20.
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;

Page 4, 21.
Stresses that UNTAES shall cooperate 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;
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
UNSC Resolution (Members at the time: United States of America, Russia, China, United Kingdom, France, Egypt, Guinea-Bissau, Botswana, Republic of Korea, Indonesia, Chile, Honduras, Germany, Italy and Poland)
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 1, Untitled preamble
...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,...

Page 2, Untitled preamble
...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,...

Page 2, 1.
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);

Page 2, 2.
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;

Page 2, 3.
Decides that the demilitarization of the Region, as provided in the Basic Agreement, shall be completed within 30 days from the date the Secretary-General 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;

Page 2, 4.
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;

Page 2, 5.
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;

Page 2, 7.
Calls upon the parties to comply strictly with their obligations under the Basic Agreement and to cooperate fully with UNTAES;

Page 2, 8.
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;

Page 2-3, 9.
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;

Page 3, 10.
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:
(a) 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;
(b) To monitor the voluntary and safe return of refugees and displaced persons to their home of origin in cooperation with the United Nations High Commissioner for Refugees, as provided for in the Basic Agreement;
(c) To contribute, by its presence, to the maintenance of peace and security in the region; and
(d) Otherwise to assist in implementation of the Basic Agreement;

Page 3, 11.
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:
(a) 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;
(b) To undertake tasks relating to civil administration as set out in paragraph 16 (b) of the Secretary-General’s report;
(c) To undertake tasks relating to the functioning of public services as set out in paragraph 16 (c) of the Secretary-General’s report;
(d) To facilitate the return of refugees as set out in paragraph 16 (e) of the Secretary-General’s report;
(e) 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
(f) 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;

Page 3-4, 12.
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;

Page 4, 13.
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;

Page 4, 14.
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;

Page 4, 15.
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;

Page 4, 16.
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;

Page 4, 17.
Requests all international organizations and agencies active in the Region to coordinate closely with UNTAES;

Page 4, 21.
Stresses that UNTAES shall cooperate 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;
Enforcement mechanism
No specific mention.

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