BOSNIA AND HERZEGOVINA: VOTING INSTRUCTION ON

UNCLAS STATE 118956

SIPDIS

E.O. 12958: N/A
TAGS: UNSC PGOV PREL BK
SUBJECT: BOSNIA AND HERZEGOVINA: VOTING INSTRUCTION ON
EUFOR CHAPTER VII EXTENSION


1. This is an action request: The Department requests USUN
to vote in favor of the UN Security Council resolution in
paragraph 2 regarding the EUFOR Chapter VII mandate in Bosnia
and Herzegovina scheduled for Council adoption on November
18, 2009. Post should seek additional guidance from the
Department if there are any additional substantive changes to
the resolution text.


2. Begin Text:

The Security Council,

PP 1. 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 , 1785 (2007) of
21 November 2007,1845 (2008) of 20 November 2008 and 1869
(2009) of 25 March 2009,

PP 2. 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,

PP 3. Emphasizing its full support for the High
Representative,s continued role in Bosnia and Herzegovina,

PP 4. 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),

PP 5. 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,

PP 6. 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,

PP 7. 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,

PP 8. Emphasizing that a comprehensive and coordinated return
of refugees and displaced persons throughout the region
continues to be crucial to lasting peace,

PP 9.Recalling the declarations of the Ministerial meetings
of the Peace Implementation Conference,

PP 10. 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 fourteen years since the signing of the Peace Agreement,

PP 11. 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,

PP 12. Noting the reports of the High Representative,
including his latest report of 12 November 2009 S/2009/588,

PP 13. Determined to promote the peaceful resolution of the
conflicts in accordance with the purposes and principles of
the Charter of the United Nations,

PP 14. 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,

PP 15. 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,

PP 16. Taking note of the conclusions of EU Foreign Ministers
and Ministers of Defence at their joint meeting on 18 May
2009, which welcomed the positive contribution of EUFOR to
the safe and secure environment in Bosnia and Herzegovina,
and added that EUFOR continued to provide reassurance and
remained ready to respond to possible security challenges
throughout the country, and the conclusions of EU Foreign
Ministers and Ministers of Defence at their joint meeting on
17 November 2009,

PP 17. 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,

PP 18. 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,

PP 19. Welcoming the European Union,s increased engagement
in Bosnia and Herzegovina and the continued engagement of
NATO,

PP 20. 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
declaration of 30 June 2009, and recognizing in particular
the need to find a solution on State and Defence Property.

PP 21. Welcoming the progress achieved by Bosnia and
Herzegovina on some European Partnership priorities, toward
implementing the Interim Agreement and toward fulfilling the
visa liberalization roadmap requirements and calling on the
authorities in Bosnia and Herzegovina to strengthen and step
up their efforts to complete the urgent reforms highlighted
by the European Commission in its 14 October Progress Report
to implement the European Partnership and to prepare to meet
forthcoming obligations under the Interim Agreement and the
Stabilization and Association Agreement,

PP 22. Determining that the situation in the region continues
to constitute a threat to international peace and security,

PP 23. Acting under Chapter VII of the Charter of the United
Nations,

OP 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;

OP 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;

OP 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;

OP 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;

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

OP 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;

OP 7. Recalls the support of the authorities of Bosnia and
Herzegovina for EUFOR 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;

OP 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) , 1785 (2007) and 1845 (2008),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;

OP 9. Welcomes the EU,s intention to maintain an EU military
operation to Bosnia and Herzegovina from November 2009;

OP 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 EUFOR will
have the main peace stabilization role under the military
aspects of the Peace Agreement;

OP 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;

OP 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;

OP 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;

OP 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;

OP 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;

OP 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;

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

OP 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;

OP 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;

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

OP 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;

OP 22. Decides to remain seized of the matter.
CLINTON