UNITED
NATIONS                                                                      S
                 Security Council
                                                               Distr.
                                                               GENERAL

                                                               S/RES/1037 (1996)
                                                               15 January 1996




                               RESOLUTION 1037 (1996)

               Adopted by the Security Council at its 3619th meeting,
                                 on 15 January 1996


     The Security Council,

     Recalling its earlier relevant resolutions, and in particular its
resolutions 1023 (1995) of 22 November 1995 and 1025 (1995) of 30 November 1995,

     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 attaches to full respect for human rights and
fundamental freedom of all in those territories,

     Expressing its support for the Basic Agreement on the Region of Eastern
Slavonia, Baranja and Western Sirmium (S/1995/951, annex), signed on
12 November 1995 between the Government of the Republic of Croatia and the local
Serbian community (the Basic Agreement),

     Having considered the report of the Secretary-General of 13 December 1995
(S/1995/1028*),

     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,

     Desiring to support the parties in their effort to provide for a peaceful
settlement of their disputes, and thus to contribute to achievement of peace in
the region as a whole,

     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,



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     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,

     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);

     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;

     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;

     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;

     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;

     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;

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

     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;

     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


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expresses its readiness to review the situation in the light of that report and
to take appropriate action;

     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;

     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;

     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,


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monitor and facilitate the demining of territory within the Region, and maintain
an active public affairs element;

     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;

     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;

     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;

     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;

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

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

     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;

     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;

     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;




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     22. Requests the Secretary-General to submit for consideration by the
Council at the earliest possible date a report on the possibilities for
contributions from the host country in offsetting the costs of the operation;

     23.   Decides to remain actively seized of the matter.


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