The General Assembly,
 
      Guided by the purposes and principles of the Charter of the United
Nations, the Universal Declaration of Human Rights, the International
Covenants on Human Rights, the International Convention on the Elimination of
All Forms of Racial Discrimination, the Convention on the Rights of the Child,
the Convention on the Prevention and Punishment of the Crime of Genocide, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Convention on the Elimination of All Forms of Discrimination
against Women and other instruments of international humanitarian law,
including the Geneva Conventions of 12 August 1949 for the protection of
victims of war and the Additional Protocols thereto, of 1977, as well as the
principles and commitments undertaken by States members of the Organization
for Security and Cooperation in Europe,
 
      Reaffirming that all Member States have an obligation to promote and
protect human rights and fundamental freedoms and to fulfil the obligations
they have under the human rights instruments to which they are party, and
reaffirming also the obligation of all to respect international humanitarian
law,
 
      Welcoming the General Framework Agreement for Peace in Bosnia and
Herzegovina initialled by the Republic of Bosnia and Herzegovina, the Republic
of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro),
representing also the Bosnian Serb party, at Dayton, Ohio, on 21 November 1995
which commits the parties to the conflict to ending the war and starting to
build peace with justice; enables Bosnia and Herzegovina to continue its legal
existence as a single State within its internationally recognized borders with
full respect for its sovereignty, territorial integrity and political
independence by its neighbours; and commits the parties in Bosnia and
Herzegovina to respect fully human rights,
 
      Welcoming also the basic agreement on the region of Eastern Slavonia,
Baranja and Western Sirmium, signed on 12 November 1995 by the Government of
the Republic of Croatia and the local Serb representatives,
 
      None the less gravely concerned at the human tragedy that has occurred
in the territories of the Republic of Bosnia and Herzegovina, the Republic of
Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) and at
the massive and systematic violations of human rights and international
humanitarian law,
 
      Recalling its resolution 49/196 of 23 December 1994, Commission on Human
Rights resolution 1995/89 of 8 March 1995 and all relevant resolutions of the
Security Council,
 
      Recalling specifically the Security Council resolutions in which the
Council demanded, inter alia, that all parties and others concerned in the
former Yugoslavia immediately cease and desist from all breaches of
international humanitarian law, requested the Secretary-General to establish a
commission of experts to examine and analyse information relating to serious
violations of such law being committed in the territory of the former
Yugoslavia, established an international tribunal for the prosecution of
persons responsible for such violations and condemned in particular the
unacceptable practice of ethnic cleansing perpetrated in areas of the Republic
of Bosnia and Herzegovina under the control of Bosnian Serb forces,
 
      Recalling also additional Security Council resolutions, in particular
resolutions 824 (1993) of 6 May 1993 and 836 (1993) of 4 June 1993, in which
the Council declared that Sarajevo, Tuzla, ~epa, Gora~de, Biha~, Srebrenica
and their surroundings should be treated as safe areas, that international
humanitarian agencies should be given free and unimpeded access to those areas
and that there should be freedom of movement for the civilian population and
humanitarian goods to, from and within the areas,
 
      Recalling further Security Council resolution 1019 (1995) of 9 November
1995, in which the Council demanded that the Bosnian Serb party give immediate
and unimpeded access to representatives of the United Nations High
Commissioner for Refugees, the International Committee of the Red Cross and
other international agencies to persons displaced and to persons detained or
reported missing from Srebrenica, ~epa and the regions of Banja Luka and
Sanski Most,
 
      Gravely concerned at attacks and capture by the Bosnian Serbs and
Croatian Serb forces of safe areas, in violation of the relevant Security
Council resolutions,
 
      Recalling Security Council resolution 1009 (1995) of 10 August 1995, in
which the Council demanded that the Government of the Republic of Croatia
respect fully the rights of the local Serb population, including their rights
to remain, leave or return in safety, allow access to this population by
international humanitarian organizations and create conditions conducive to
the return of those persons who have left their homes,
 
      Noting with appreciation the efforts of the United Nations Peace Forces
to help to create the conditions for the peaceful settlement of the conflicts
in the Republic of Bosnia and Herzegovina and the Republic of Croatia and to
provide protection for the delivery of humanitarian aid and the protection of
human rights, and also noting the obstacles faced by those forces in the
performance of their mandates,
 
      Acknowledging the progress made by the Bosnian Federation as a model for
ethnic reconciliation in the region,
 
      Encouraging the international community, acting through the United
Nations and other international organizations as well as bilaterally, to
enhance significantly humanitarian support for the people of the region and to
promote human rights, economic reconstruction, the repatriation of refugees
and the holding of free elections in the Republic of Bosnia and Herzegovina,
 
      Welcoming the efforts of the European Union to promote respect for human
rights and fundamental freedoms, and endorsing the recommendation of the
Special Rapporteur of the Commission on Human Rights on the situation of human
rights in the territory of the former Yugoslavia that economic and other aid
must be made conditional upon meaningful progress in human rights,
 
      Gravely concerned at the human rights violations in the Republic of
Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of
Yugoslavia (Serbia and Montenegro), in particular at those committed in the
context of the odious practice of ethnic cleansing, which has been the direct
cause of the vast majority of human rights violations there and whose
principal victims have been the Muslim population, as well as the Croats and
others,
 
      Also gravely concerned at reports, including by the Special
Representative of the Secretary-General, of grave violations of international
humanitarian law and of human rights in and around Srebrenica, and in the
areas of Banja Luka and Sanski Most, including reports of mass murder,
unlawful detention and forced labour, rape and deportation of civilians,
 
      Dismayed by the huge number of missing persons still unaccounted for,
particularly in Bosnia and Herzegovina and in Croatia,
 
      Deeply concerned by the situations reflected in the report of the
Secretary- General on rape and abuse of women in the areas of armed conflict
in the former Yugoslavia, and stressing the need for detailed reporting on
this subject,
 
      Alarmed that the conflict in the Republic of Bosnia and Herzegovina and
in the Republic of Croatia has also been characterized by the systematic
destruction and profanation of mosques, churches and other places of worship,
religious buildings and sites of cultural heritage,
 
      Expressing its particular concern for the situation of the children and
the elderly as well as other vulnerable groups in the area,
 
      Calling attention to the reports and recommendations of the Special
Rapporteur on the situation of human rights in the territories of the Republic
of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of
Yugoslavia (Serbia and Montenegro), including the most recent report by the
newly appointed Special Rapporteur, Mrs. Elisabeth Rehn,
 
      Expressing its deep appreciation for the activity and efforts of the
previous Special Rapporteur, Mr. Tadeusz Mazowiecki, in the discharge of his
mandate, 
 
      Noting the recommendations of the Special Rapporteur that respect for
human rights should be given priority during and after the peace negotiations
and that, without genuine improvements in the human rights situation in the
area, any peace agreement will not have a solid foundation,
 
      1.    Commends both the former and the current Special Rapporteurs of
the Commission on Human Rights on the situation of human rights in the
territory of the former Yugoslavia for their efforts, and notes that the
presence of the Special Rapporteur can be a positive factor towards reducing
the instances of all human rights violations in the region;
 
      2.    Expresses its outrage at the instances of massive and systematic
violations of human rights and humanitarian law as described in the reports of
the Special Rapporteur, including ethnic cleansing, killings, disappearances,
torture, rape, detentions, beatings, arbitrary searches, destruction of
houses, illegal evictions and other acts of violence aimed at forcing
individuals from their homes;
 
      3.    Condemns in the strongest terms all violations of human rights and
international humanitarian law by the parties to the conflict, recognizing
that the leadership in territories under the control of Serbs in the Republic
of Bosnia and Herzegovina and formerly Serb-held areas of the Republic of
Croatia, the commanders of Serb paramilitary forces and political and military
leaders in the Federal Republic of Yugoslavia (Serbia and Montenegro) bear
primary responsibility for most of those violations and that persons who
commit such acts will be held personally responsible and accountable;
 
      4.    Condemns the attacks on the safe areas of Srebrenica and ~epa by
Bosnian Serb forces, which led to gross abuses of human rights and grave
breaches of international humanitarian law and the disappearance of thousands
of persons, as detailed in the reports of the former and the current Special
Rapporteurs;
 
      5.    Also condemns the indiscriminate shelling of civilians in the safe
areas of Sarajevo, Tuzla, Biha~ and Gora~de and the use of cluster bombs on
civilian targets by Bosnian Serb and Croatian Serb forces;
 
      6.    Further condemns violations of human rights and international
humanitarian law, including killings, the burning and looting of houses, the
shelling of residential areas, harassment of and attacks on refugees, the
elderly and the infirm perpetrated by members of the Croatian armed forces and
civilians in the formerly Serb-controlled regions of Croatia during and
subsequent to the military operations there in August 1995;
 
      7.    Welcomes the withdrawal of the heavy weapons surrounding Sarajevo
following the decision to implement Security Council resolution 836 (1993),
reinforced by the London conference of 21 July 1995, to respond to attacks on
safe areas, and notes that this opened Sarajevo to badly needed humanitarian
relief;
 
      8.    Notes with appreciation the efforts of 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, established pursuant to Security Council resolutions
806 (1993) of 5 February 1993 and 827 (1993) of 25 May 1993, notes the
issuance of indictments against individuals, and urges that the Tribunal be
given the resources it needs;
 
      9.    Requests States, as a matter of urgency, to continue to make
available to the International Tribunal expert personnel, adequate resources
and services to aid in the investigation and prosecution of persons accused of
having committed serious violations of international humanitarian law;
 
      10.   Reminds all States of their obligation under Security Council
resolution 827 (1993) to cooperate with the International Tribunal, including
through compliance with requests for assistance and orders issued by a trial
chamber of the Tribunal, and, in this regard, urges the parties to allow the
establishment of offices of the Tribunal in their territories and draws the
attention of the Federal Republic of Yugoslavia (Serbia and Montenegro), the
Republic of Croatia and the Republic of Bosnia and Herzegovina to their
obligation to cooperate with the Tribunal, in particular to arrest, detain and
facilitate the transfer to the custody of the Tribunal any and all indicted
war criminals who reside in or transit through or are otherwise present in
their respective territories;
 
      11.   Demands that all parties refrain from any action intended to
destroy, alter, conceal or damage any evidence of violations of human rights
and international humanitarian law and that they preserve such evidence;
 
      12.   Expresses its complete support for the victims of violations of
human rights and international humanitarian law, recognizes the right of
refugees and displaced persons freely to return to their homes of origin in
safety and dignity, to have restored to them property of which they were
deprived in the course of hostilities since 1991 and to be compensated for any
such property that cannot be restored to them, considers null any commitments
made under duress, and urges all parties to fulfil their agreements to this
end;
 
      13.   Condemns all deliberate obstruction of the delivery of food and
medical and other supplies essential for the civilian population, which
constitutes a serious violation of international humanitarian law and
international human rights law, and of medical evacuations, and demands that
all parties ensure that all persons under their control cease such acts;
 
      14.   Also condemns all attacks on the United Nations Peace Forces and
on personnel working with the Office of the United Nations High Commissioner
for Refugees and other humanitarian organizations by parties to the conflict;
 
      15.   Expresses its outrage that the systematic practice of rape has
been used as a weapon of war against women and children and as an instrument
of ethnic cleansing, and recognizes that rape in this context constitutes a
war crime;
 
      16.   Condemns police violence against the non-Serb populations in
Kosovo, the Sandjak, Vojvodina and other areas of the Federal Republic of
Yugoslavia (Serbia and Montenegro), particularly the systematic acts of
harassment, beatings, torture, warrantless searches, arbitrary detention and
unfair trials, including those directed mainly against members of the Muslim
population;
 
      17.   Strongly urges the authorities of the Federal Republic of
Yugoslavia (Serbia and Montenegro) to take appropriate measures to respect
fully all human rights and fundamental freedoms and to take urgent action to
ensure the rule of law in order to prevent arbitrary evictions and dismissals
and discrimination against any ethnic or national, religious and linguistic
group, including in the fields of education and information;
 
      18.   Cautions against any attempts to use Serb refugees to alter the
population balance in Kosovo, the Sandjak, Vojvodina and any other part of the
country, thus further suppressing the enjoyment of human rights in those
areas;
 
      19.   Strongly encourages all parties to fulfil the commitments made at
Dayton, Ohio, to release without delay all civilians and combatants held in
prison or detention in relation to the conflict, in conformity with
international humanitarian law and the provisions of the General Framework
Agreement for Peace in Bosnia and Herzegovina, and demands that the parties
cooperate fully with the International Committee of the Red Cross, the Special
Rapporteur and her staff, the United Nations High Commissioner for Refugees,
the United Nations High Commissioner for Human Rights and the monitoring and
other missions of the European Union and the Organization for Security and
Cooperation in Europe;
 
      20.   Urges Member States to consider positively the Special
Rapporteur's recommendation that economic and other aid must be made
conditional upon meaningful progress in human rights;
 
      21.   Recognizes that the Bosnian Federation should be further developed
to serve as a model for ethnic reconciliation in the region;
 
      22.   Urges all parties, in particular the Government of the Federal
Republic of Yugoslavia (Serbia and Montenegro), to cooperate with the "special
process" dealing with the problem of missing persons in the territory of the
former Yugoslavia established pursuant to paragraph 24 of Commission on Human
Rights resolution 1994/72 of 9 March 1994, and reiterated in its resolution
1995/35 of 3 March 1995, by disclosing information and documentation on
inmates in prisons, camps and other places of detention;
 
      23.   Also urges all parties to provide full access for monitoring the
human rights situation, including by allowing access to the missions of the
Organization for Security and Cooperation in Europe, including in Kosovo, as
called for by the General Assembly in resolution 49/196 and by the Security
Council in resolution 855 (1993) of 9 August 1993, and in the Sandjak,
Vojvodina and other affected areas, and requests that the Federal Republic of
Yugoslavia (Serbia and Montenegro) permit the opening of a field office of the
Centre for Human Rights of the Secretariat as called for by the General
Assembly in resolution 49/196;
 
      24.   Urges the Secretary-General to take all necessary steps to ensure
the full and effective coordination of the activities of all United Nations
bodies in implementing the present resolution, and urges those bodies
concerned with the situation in the territories of Bosnia and Herzegovina,
Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro) to
coordinate closely with the United Nations High Commissioner for Human Rights,
the Special Rapporteur and the International Tribunal, and to provide to the
Special Rapporteur on a continuing basis all relevant and accurate information
in their possession on the situation of human rights in Bosnia and
Herzegovina, Croatia and the Federal Republic of Yugoslavia (Serbia and
Montenegro);
 
      25.   Draws attention to the need for an immediate and urgent
investigation by qualified experts of several mass grave sites near Srebrenica
and Vukovar and other mass grave sites and places where mass killings are
reported to have taken place, and requests the Secretary-General, within
existing resources, to make available the necessary means for this
undertaking;
 
      26.   Urges the Secretary-General, within existing resources, to make
all necessary resources available for the Special Rapporteur to carry out her
mandate and in particular to provide her with adequate staff based in the
territories of Bosnia and Herzegovina, Croatia and the Federal Republic of
Yugoslavia (Serbia and Montenegro) to ensure effective continuous monitoring
of the human rights situation there and coordination with other United Nations
bodies involved, including the United Nations Peace Forces;
 
      27.   Welcomes the effort by the Government of Bosnia and Herzegovina to
uphold human rights in its territory, and urges it to fulfil the human rights
commitments it has made;
 
      28.   Notes with concern that many of the past recommendations of the
Special Rapporteur have not been fully implemented, in some cases because of
resistance by the parties on the ground, and urges the parties, all States and
relevant organizations to give immediate consideration to them, in particular
the calls of the former and the current Special Rapporteurs:
 
      (a)   For the de facto Bosnian Serb authorities to provide prompt access
for humanitarian monitors to territories controlled by them, in particular to
the Banja Luka region and to Srebrenica, emphasizing that the fate of
thousands of missing persons from Srebrenica requires immediate clarification;
 
      (b)   For the Government of Croatia to fulfil its responsibilities to
secure the human rights of the remaining ethnic Serb population in all
recently retaken territories and to remove all legal and administrative
hurdles which are preventing the return of refugees and displaced persons;
 
      (c)   For greater cooperation between Governments and non-governmental
organizations, recognizing that the work and role of non-governmental
organizations is vital to the promotion and protection of the rights of the
individual and respect and protection of human rights in the region;
 
      (d)   For the Federal Republic of Yugoslavia (Serbia and Montenegro) to
undertake measures to respect fully the rights of persons belonging to
national or ethnic, religious and linguistic minorities;
 
      29.   Invites the Commission on Human Rights, at its fifty-second
session, to request the Special Rapporteur to report to the General Assembly
at its fifty-first session;
 
      30.   Decides to continue its examination of this question at its
fifty-first session under the item entitled "Human rights questions".