OFFICE OF THE HIGH COMMISSIONER FOR

HUMAN RIGHTS

Situation in the territory of the former Yugoslavia

Sub-Commission resolution 1995/8

The Sub-Commission on Prevention of Discrimination and Protection of Minorities,

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, the Geneva Conventions of 12 August 1949 and the Additional Protocols thereto of 1977,

Observing with utter dismay that all the above instruments are being grossly violated by some of the parties to
the conflict in the former Yugoslavia,

Convinced that the international response to the violations taking place in the former Yugoslavia is a test case of
the human rights mission of the United Nations as a whole,

Recalling its resolution 1993/17 of 20 August 1993 and Commission on Human Rights resolutions 1992/S-1/1 of
14 August 1992, 1992/S-2/1 of 1 December 1992, 1993/7 and 1993/8 of 23 February 1993, 1994/75 and 1994/77
of 9 March 1994 and 1995/89 of 8 March 1995,

Recalling also Security Council resolution 824 (1993) of 6 May 1993 and 836 (1993) of 4 June 1993, in which
the Council declared that Sarajevo, Tuzla, Zepa, Gorazde, Bihac, Srbenice and their surroundings should be
treated as safe areas and that international humanitarian agencies should be given free and unimpeded access to
those areas,

Recalling further the decision adopted by the World Conference on Human Rights on 15 June 1993
(A/CONF.157/24 (Part I), chap. IV) to appeal to the Security Council to end the genocide taking place in Bosnia
and Herzegovina,

Reiterating its admiration for the dedication shown by the Special Rapporteur on the situation of human rights in
the territory of the former Yugoslavia, Mr. Tadeuz Mazowiecki, and for his work in the whole of the former
Yugoslavia and in particular in Bosnia and Herzegovina, as expressed in its resolution 1995/1,

Having noted with the utmost anguish the reports of the Special Rapporteur, and disturbed by the lack of
attention to his recommendations which made him conclude that the response of the international community
had been slow and ineffectual and that he therefore did not see any possibility of continuing his mandate,

Expressing once again its horror and its total and unqualified condemnation of so-called "ethnic cleansing"
wherever it occurs,

Appalled by the acts of genocide carried out by the rebel Pale Serbs in Bosnia and Herzegovina, including the
evidence indicating that large-scale massacres of the Muslim population have taken place after the occupation of
the "safe areas" of Zepa and Srebrenica,

Distressed by the vast displacements of people and large flows of refugees of the various ethnic groups,
including the flight of many thousands of Croatian Serbs from the area of Krajina, of the non-Serb population
from the Banja Luka region and of Croats from Vojvodina,

page 1
Recalling that the international community, including the United Nations, has recognized the new States of the
former Yugoslavia with the borders they had as republics of Yugoslavia,

Recalling also the statement by the President of the Security Council, on 4 August 1995, expressing on behalf of
the Council deep concern at the resumption of hostilities in and around the Republic of Croatia, condemning any
shelling of civilian targets and demanding that no military action be taken against civilians,

Recognizing that peace talks may require that temporary cease-fire lines be drawn to bring the fighting to an end,

Expressing its opposition, however, to any permanent division of any independent country of the former
Yugoslavia on ethnic or religious grounds, and observing that such division would constitute a new form of
apartheid,

Noting with appreciation the achievements towards the preservation of the territorial integrity of Bosnia and
Herzegovina through the creation of the Federation of Bosnia and Herzegovina established by the Washington
agreements of 1 March 1994, which should serve as a model for the reconciliation of all groups within Bosnia
and Herzegovina and which, in areas under the control of the Government, has tangibly improved the human
rights situation,

Welcoming the recent decision by the International Criminal Tribunal for the Prosecution of Persons
Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former
Yugoslavia to implement its first indictments,

1. Calls on all parties to the conflict scrupulously to respect humanitarian standards applicable to all parties and
in all situations, immediately to halt all acts of violence directed against the civilian population, including the
prevention of any violence directed against fleeing refugees, and to allow delivery of humanitarian relief
wherever it is needed;

2. Reaffirms the invalidity of any forcible territorial gains;

3. Emphasizes that the practices and consequences of "ethnic cleansing" should in no way be legitimized as part
of the peace settlements;

4. Affirms the right of persons to remain in peace in their own homes, on their own lands and in their own
countries within the borders already recognized by the United Nations;

5. Recommends that the United Nations and all Governments take measures to enable all refugees, deportees and
displaced persons to return safely to their homes and their properties to be restored to them, any documents
signed by them under duress being rejected;

6. Also recommends that steps be taken to ensure reparation and compensation for losses suffered as a
consequence of aggression and "ethnic cleansing", to which end the international community should contribute
to the resources required, it being understood that those responsible for causing destruction and other losses shall
be held personally responsible for repayment for the losses incurred;

7. Emphasizes that no provision for impunity for any act of genocide, "ethnic cleansing" or other serious war
crime, including rape, must be made in the peace plan;

8. Welcomes the progress made by the Prosecutor of the International Criminal Tribunal and calls on all States,
as required under Security Council resolution 827 (1993) of 23 May 1993, to cooperate with the International
Tribunal in providing information and evidence for investigations and trials and in the apprehension and
surrender of persons accused of crimes within the jurisdiction of the Tribunal;

9. Demands that those who have engaged in incitement to ethnic or religious hatred be brought to justice and
held individually accountable for their acts;

10. Urges that conditions be established for the continuation of the function of special rapporteur on the situation
of human rights in the territory of the former Yugoslavia and that a new special rapporteur be appointed when

page 2
such conditions are established, and requests that the recommendations contained in the reports of the former
Special Rapporteur be given the highest priority in any dealings of the United Nations with the parties in the
former Yugoslavia;

11. Again requests the Secretary-General to take all necessary measures to stop the massive violations of human
rights in the former Yugoslavia and to secure the human rights of all persons within the countries concerned;

12. Commends those pursuing peace negotiations with the conflicting parties in the former Yugoslavia, and calls
on them vigorously to pursue such peace settlements as are in conformity with the purposes and principles of the
United Nations, with international law in general and with the law of human rights and fundamental freedoms in
particular.

27th meeting
18 August 1995
[Adopted without a vote. ]

page 3