Identifier
Created
Classification
Origin
08STATE123042
2008-11-19 22:31:00
UNCLASSIFIED
Secretary of State
Cable title:  

BOSNIA: EUFOR MANDATE RENEWAL INSTRUCTIONS

Tags:  UNSC PGOV PREL MARR BK EUFOR 
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FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 3877
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
ALL NATO POST COLLECTIVE IMMEDIATE
RUEHVJ/AMEMBASSY SARAJEVO IMMEDIATE 0259
RUEHBW/AMEMBASSY BELGRADE IMMEDIATE 1120
RUEHVB/AMEMBASSY ZAGREB IMMEDIATE 1811
RUEHNO/USMISSION USNATO IMMEDIATE 1586
RUEHVEN/USMISSION USOSCE IMMEDIATE 5706
RUEHBS/USEU BRUSSELS IMMEDIATE
UNCLAS SECTION 01 OF 04 STATE 123042 

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PGOV EURFOR PREL MARR BK
SUBJECT: BOSNIA: EUFOR MANDATE RENEWAL INSTRUCTIONS

UNCLAS SECTION 01 OF 04 STATE 123042

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PGOV EURFOR PREL MARR BK
SUBJECT: BOSNIA: EUFOR MANDATE RENEWAL INSTRUCTIONS


1. The Department instructs USUN to vote in favor of the
UN Security Council Resolution renewing the mandate of
EUFOR in Bosnia and Herzegovina, to be considered by the
UN Security Council on Thursday, November 20.


2. Begin 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, 1764 (2007) of 29
June 2007 and 1785 of 21 November 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 thirteen 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, 14 November 2008
(X/2008/...),
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 (X/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

STATE 00123042 002 OF 004


Ministers of Defense 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, and the conclusions of EU Foreign
Ministers and Ministers of Defense at their joint meeting
on 10 November 2008,
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 (X/2004/916; X/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 (X/2004/917),
Welcoming the European Union's increased
engagement in Bosnia and Herzegovina and the continued
engagement of NATO,
Reiterating once again its calls on the authorities in
Bosnia and Herzegovina to implement in full their
undertakings as also confirmed by the PIC Steering Board
declarations of 27 February 2008 and 26 June 2008,
Noting that, while the signing of the
Stabilization and Association Agreement (SAA) marked a
fundamental step forward in the relationship between
Bosnia and Herzegovina and the European Union, and calling
on the authorities in Bosnia and Herzegovina to shoulder
their responsibilities and renew their efforts in this
regard,
Noting with satisfaction the agreement between the leaders
of three of the main parties in Bosnia and Herzegovina
reached on 8 November 2008, calling for these proposals to
be rapidly put into concrete form in close cooperation
with the High Representative and the PIC steering board,
and urging Bosnian political forces to unite around this
project,
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 (X/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

STATE 00123042 003 OF 004


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 EUFOR and the continued
NATO presence and their confirmation that both are the
legal successors to SFOR for the fulfillment 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),1722 (2006)
and 1785 (2007),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 2008;

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 fulfill 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 fulfill 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

STATE 00123042 004 OF 004


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 these Annexes
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 defense 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
(X/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.
RICE