Identifier
Created
Classification
Origin
07STATE156473
2007-11-15 03:12:00
UNCLASSIFIED
Secretary of State
Cable title:  

VOTING INSTRUCTIONS FOR RESOLUTION ON THE

Tags:  UNSC PREL MARR NATO BK 
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VZCZCXYZ0007
OO RUEHWEB

DE RUEHC #6473 3190332
ZNR UUUUU ZZH
O 150312Z NOV 07
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000
UNCLAS STATE 156473 

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL MARR NATO BK
SUBJECT: VOTING INSTRUCTIONS FOR RESOLUTION ON THE
SITUATION IN BOSNIA AND HERZEGOVINA

UNCLAS STATE 156473

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PREL MARR NATO BK
SUBJECT: VOTING INSTRUCTIONS FOR RESOLUTION ON THE
SITUATION IN BOSNIA AND HERZEGOVINA


1. This is an action request. USUN is instructed to vote
in favour of the following resolution to be considered by
the Security Council on November 15. USUN is also
instructed to draw on points in para 3 for use during the
Council's discussion.


2. Begin resolution text:

The Security Council,

Recalling all its previous relevant resolutions concerning
the conflicts in the former Yugoslavia and relevant
statements of its President, including resolutions 1031
(1995) of 15 December 1995, 1088 (1996) of 12 December
1996, 1423 (2002) of 12 July 2002, 1491 (2003) of 11 July
2003, 1551 (2004) of 9 July 2004, 1575 (2004) of 22
November 2004, 1639 (2005) of 21 November 2005, 1722
(2006) of 21 November 2006 and 1764 (2007) of 29 June
2007.Reaffirming its commitment to the political
settlement of the conflicts in the former Yugoslavia,
preserving the sovereignty and territorial integrity of
all States there within their internationally recognized
borders,

Emphasizing its full support for the High Representative's
continued role in Bosnia and Herzegovina,

Underlining its commitment to support the implementation
of the General Framework Agreement for Peace in Bosnia and
Herzegovina and the Annexes thereto (collectively the
Peace Agreement, S/1995/999, annex),as well as the
relevant decisions of the Peace Implementation Council
(PIC),

Recalling all the agreements concerning the status of
forces referred to in Appendix B to Annex 1-A of the Peace
Agreement, and reminding the parties of their obligation
to continue to comply therewith,
Further recalling the provisions of its resolution 1551
(2004) concerning the provisional application of the
status of forces agreements contained in Appendix B to
Annex 1-A of the Peace Agreement,

Emphasizing its appreciation to the High Representative,
the Commander and personnel of the multinational
stabilization force (EUFOR),the Senior Military
Representative and personnel of the NATO Headquarters
Sarajevo, the Organization for Security and Cooperation in
Europe (OSCE),the European Union (EU) and the personnel
of other international organizations and agencies in
Bosnia and Herzegovina for their contributions to the

implementation of the Peace Agreement,

Emphasizing that a comprehensive and coordinated return of
refugees and displaced persons throughout the region
continues to be crucial to lasting peace,

Recalling the declarations of the Ministerial meetings of
the Peace Implementation Conference,

Recognizing that full implementation of the Peace
Agreement is not yet complete, while paying tribute to the
achievements of the authorities at State and entity level
in Bosnia and Herzegovina and of the international
community in the twelve years since the signing of the
Peace Agreement,

Emphasizing the importance of Bosnia and Herzegovina's
progress towards Euro-Atlantic integration on the basis of
the Peace Agreement, while recognizing the importance of
Bosnia and Herzegovina's transition to a functional,
reform-oriented, modern and democratic European country,

Noting the reports of the High Representative, including
his latest report of X November 2007 (S/2007/xxx, annex),

Determined to promote the peaceful resolution of the
conflicts in accordance with the purposes and principles
of the Charter of the United Nations,

Recalling the relevant principles contained in the
Convention on the Safety of United Nations and Associated
Personnel adopted on 9 December 1994 and the statement of
its President on 10 February 2000 (S/PRST/2000/4),

Welcoming and encouraging efforts by the United Nations to
sensitize peacekeeping personnel in the prevention and
control of HIV/AIDS and other communicable diseases in all
its peacekeeping operations,

Taking note of the conclusions of EU Foreign Ministers and
Ministers of Defence at their joint meeting on 14 May of
2007, which reiterate that the EU would retain a military
presence in the country as long as necessary, in order to
continue contributing to the maintenance of a safe and
secure environment.

Recalling the letters between the European Union and NATO
sent to the Security Council on 19 November 2004 on how
those organizations will cooperate together in Bosnia and
Herzegovina in which both organizations recognize that the
EUFOR will have the main peace stabilization role under
the military aspects of the Peace Agreement (S/2004/916;
S/2004/915),

Further recalling the confirmation by the Presidency of
Bosnia and Herzegovina, on behalf of Bosnia and
Herzegovina, including its constituent entities, of the
arrangements for EUFOR and the NATO Headquarters
presence (S/2004/917),

Welcoming the European Union's increased engagement in
Bosnia and Herzegovina and the continued engagement of
NATO,

Noting that Bosnia and Herzegovina has made very limited
progress towards the European Union, and, in particular,
towards the conclusion of a Stabilization and Association
Agreement (SAA) despite the fact that the text of the SAA
has been finalized, and reiterating its call on the
authorities in Bosnia and Herzegovina to implement in full
their undertakings as also confirmed by the PIC
declaration of 31 October 2007.

Determining that the situation in the region continues to
constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United
Nations,


1. Reaffirms once again its support for the Peace
Agreement, as well as for the Dayton Paris Agreement on
implementing the Federation of Bosnia and Herzegovina of
10 November 1995 (S/1995/1021, annex) and calls upon the
parties to comply strictly with their obligations under
those Agreements;


2. Reiterates that the primary responsibility for the
further successful implementation of the Peace Agreement
lies with the authorities in Bosnia and Herzegovina
themselves and that the continued willingness of the
international community and major donors to assume the
political, military and economic burden of implementation
and reconstruction efforts will be determined by the
compliance and active participation by all the authorities
in Bosnia and Herzegovina in implementing the Peace
Agreement and rebuilding a civil society, in particular in
full cooperation with the International Tribunal for the
Former Yugoslavia, in strengthening joint institutions,
which foster the building of a fully functioning
self-sustaining State, able to integrate itself into the
European structures and in facilitating returns of
refugees and displaced persons;


3. Reminds the parties once again that, in accordance with
the Peace Agreement, they have committed themselves to
cooperate fully with all entities involved in the
implementation of this peace settlement, as described in
the Peace Agreement, or which are otherwise authorized by
the Security Council, including the International Tribunal
for the Former Yugoslavia, as it carries out its
responsibilities for dispensing justice impartially, and
underlines that full cooperation by States and entities
with the International Tribunal includes, inter alia, the
surrender for trial or apprehension of all persons
indicted by the Tribunal and provision of information to
assist in Tribunal investigations;


4. Emphasizes its full support for the continued role of
the High Representative in monitoring the implementation
of the Peace Agreement and giving guidance to and
coordinating the activities of the civilian organizations
and agencies involved in assisting the parties to
implement the Peace Agreement, and reaffirms that under
Annex 10 of the Peace Agreement the High Representative is
the final authority in theatre regarding the
interpretation of civilian implementation of the Peace
Agreement and that in case of dispute he may give his
interpretation and make recommendations, and make binding
decisions as he judges necessary on issues as elaborated
by the Peace Implementation Council in Bonn on 9 and 10
December 1997;


5. Expresses its support for the declarations of the
Ministerial meetings of the Peace Implementation
Conference;


6. Reaffirms its intention to keep implementation of the
Peace Agreement and the situation in Bosnia and
Herzegovina under close review, taking into account the
reports submitted pursuant to paragraphs 18 and 21 below,
and any recommendations those reports might include, and
its readiness to consider the imposition of measures if
any party fails significantly to meet its obligations
under the Peace Agreement;


7. Recalls the support of the authorities of Bosnia and
Herzegovina for the EU force and the continued NATO
presence and their confirmation that both are the legal
successors to SFOR for the fulfilment of their missions
for the purposes of the Peace Agreement, its Annexes and
Appendices and relevant United Nations Security Council
resolutions and can take such actions as are required,
including the use of force, to ensure compliance with
Annexes 1-A and 2 of the Peace Agreement and relevant
United Nations Security Council resolutions;


8. Pays tribute to those Member States which participated
in the multinational stabilization force (EUFOR),and in
the continued NATO presence, established in accordance
with its resolution 1575 (2004) and extended with its
resolutions 1639 (2005) and 1722 (2006),and welcomes
their willingness to assist the Parties to the Peace
Agreement by continuing to deploy a multinational
stabilization force (EUFOR) and by maintaining a continued
NATO presence;


9. Welcomes the EU's intention to maintain an EU military
operation to Bosnia and Herzegovina from November 2007;


10. Authorizes the Member States acting through or in
cooperation with the EU to establish for a further period
of 12 months, starting from the date of the adoption of
this resolution, a multinational stabilization force
(EUFOR) as a legal successor to SFOR under unified command
and control, which will fulfil its missions in relation to
the implementation of Annex 1-A and Annex 2 of the Peace
Agreement in cooperation with the NATO Headquarters
presence in accordance with the arrangements agreed
between NATO and the EU as communicated to the Security
Council in their letters of 19 November 2004, which
recognize that the EUFOR will have the main peace
stabilization role under the military aspects of the Peace
Agreement;


11. Welcomes the decision of NATO to continue to maintain
a presence in Bosnia and Herzegovina in the form of a NATO
Headquarters in order to continue to assist in
implementing the Peace Agreement in conjunction with EUFOR
and authorizes the Member States acting through or in
cooperation with NATO to continue to maintain a NATO
Headquarters as a legal successor to SFOR under unified
command and control, which will fulfil its missions in
relation to the implementation of Annex 1-A and Annex 2 of
the Peace Agreement in cooperation with EUFOR in
accordance with the arrangements agreed between NATO and
the EU as communicated to the Security Council in their
letters of 19 November 2004, which recognize that EUFOR
will have the main peace stabilization role under the
military aspects of the Peace Agreement;


12. Reaffirms that the Peace Agreement and the provisions
of its previous relevant resolutions shall apply to and in
respect of both EUFOR and the NATO presence as they have
applied to and in respect of SFOR and that therefore
references in the Peace Agreement, in particular in Annex
1-A and its appendices, and relevant resolutions to IFOR
and/or SFOR, NATO and the NAC shall be read as applying,
as appropriate, to the NATO presence, EUFOR, the European
Union and the Political and Security Committee and Council
of the European Union respectively;


13. Expresses its intention to consider the terms of
further authorization as necessary in the light of
developments in the implementation of the Peace Agreement
and the situation in Bosnia and Herzegovina;


14. Authorizes the Member States acting under paragraphs
10 and 11 above to take all necessary measures to effect
the implementation of and to ensure compliance with
Annexes 1-A and 2 of the Peace Agreement, stresses that
the parties shall continue to be held equally responsible
for the compliance with that Annex and shall be equally
subject to such enforcement action by EUFOR and the NATO
presence as may be necessary to ensure implementation of
those Annexes and the protection of EUFOR and the NATO
presence;


15. Authorizes Member States to take all necessary
measures, at the request of either EUFOR or the NATO
Headquarters, in defence of the EUFOR or NATO presence
respectively, and to assist both organizations in carrying
out their missions, and recognizes the right of both EUFOR
and the NATO presence to take all necessary measures to
defend themselves from attack or threat of attack;


16. Authorizes the Member States acting under paragraphs
10 and 11 above, in accordance with Annex 1-A of the Peace
Agreement, to take all necessary measures to ensure
compliance with the rules and procedures governing command
and control of airspace over Bosnia and Herzegovina with
respect to all civilian and military air traffic;


17. Demands that the parties respect the security and
freedom of movement of EUFOR, the NATO presence, and other
international personnel;


18. Requests the Member States acting through or in
cooperation with the EU and the Member States acting
through or in cooperation with NATO to report to the
Council on the activity of EUFOR and NATO Headquarters
presence respectively, through the appropriate channels
and at least at three-monthly intervals;


19. Invites all States, in particular those in the region,
to continue to provide appropriate support and facilities,
including transit facilities, for the Member States acting
under paragraphs 10 and 11 above;


20. Reiterates its appreciation for the deployment by the
EU of its Police Mission (EUPM) to Bosnia and Herzegovina
since 1 January 2003;


21. Also requests the Secretary-General to continue to
submit to the Council reports from the High
Representative, in accordance with Annex 10 of the Peace
Agreement and the conclusions of the Peace Implementation
Conference held in London on 4 and 5
December 1996 (S/1996/1012),and later Peace
Implementation Conferences, on the implementation of the
Peace Agreement and in particular on compliance by the
parties with their commitments under that Agreement;


22. Decides to remain seized of the matter.

End resolution text.

3.Begin discussion points:

-- The United States is deeply concerned about the
political situation in Bosnia and Herzegovina.

-- We therefore welcome this resolution, which reaffirms
the Security Council's commitment to the implementation of
the Dayton Accords, the 1995 Peace Agreement, and the role
of the High Representative, and recognizes the
contributions of EUFOR and NATO.

-- We join in the resolution's call to all parties to
cooperate with international authorities in implementing
the Peace Agreement and continuing Bosnia and
Herzegovina's transition to stability and democracy.

-- The U.S. fully supports High Representative Lajcak and
his October 19 measures aimed at strengthening Bosnian
state-level institutions. These measures are fully within
the High Representative's mandate to implement the Dayton
Accords, and will allow the state government of Bosnia and
Herzegovina to function in a more efficient manner.

-- The measures are not targeted at any individual ethnic
group and do not diminish the constitutional protections
afforded to any of Bosnia and Herzegovina's constituent
peoples. The measures merely require members of executive
and legislative branches to be present for sessions,
participate in debate, and cast their vote when the
Council of Ministers or the Parliament takes a decision.
This is what is expected from elected representatives in
any democracy.

-- The U.S. fully supports the Dayton Peace Accords and
existence of the Republika Srpska and the Federation
entities. However, we expect all parties to respect and
abide by the High Representative's decisions and carry out
their responsibilities, as called for by Dayton.

-- We regret that Prime Minister Spiric decided to resign
rather than to take advantage of the new Council of
Ministers procedures to advance the reform agenda to the
benefit of Bosnia and Herzegovina's citizens. We urge the
formation of a new government as soon as possible that is
committed to following through with reform and advancing
Bosnia's Euro-Atlantic aspirations.

-- We welcome the October 28 Mostar declaration by Bosnia
and Herzegovina's governing parties and hope it will lead
to additional steps that will enable Bosnia to meet the EU'
s criteria for conclusion of a Stabilization and
Association Agreement.

-- We strongly support EUFOR and welcome the renewal of
its UNSC mandate.

-- EUFOR and the NATO Headquarters in Sarajevo continue to
play a critical role in peace and stabilization efforts in the
Balkans. We applaud all those who have contributed to
EUFOR and urge contributing countries to maintain their
commitment.

End Points.
RICE