VZCZCXYZ0007
OO RUEHWEB

DE RUEHC #6473 3190332
ZNR UUUUU ZZH
O 150312Z NOV 07
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK IMMEDIATE 0000

UNCLAS STATE 156473 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: UNSC PREL MARR NATO BK
SUBJECT: VOTING INSTRUCTIONS FOR RESOLUTION ON THE 
SITUATION IN BOSNIA AND HERZEGOVINA 
 
¶1.  This is an action request.  USUN is instructed to vote 
in favour of the following resolution to be considered by 
the Security Council on November 15.  USUN is also 
instructed to draw on points in para 3 for use during the 
Council's discussion. 
 
¶2. Begin resolution 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 and 1764 (2007) of 29 June 
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 twelve 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 X November 2007 (S/2007/xxx, annex), 
 
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 (S/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 
Ministers of Defence 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. 
 
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), 
 
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), 
 
Welcoming the European Union's increased engagement in 
Bosnia and Herzegovina and the continued engagement of 
NATO, 
 
Noting that Bosnia and Herzegovina has made very limited 
progress towards the European Union, and, in particular, 
towards the conclusion of a Stabilization and Association 
Agreement (SAA) despite the fact that the text of the SAA 
has been finalized, and reiterating its call on the 
authorities in Bosnia and Herzegovina to implement in full 
their undertakings as also confirmed by the PIC 
declaration of 31 October 2007. 
 
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 (S/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 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 EU force 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; 
 
¶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) and 1722 (2006), 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 2007; 
 
¶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 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 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; 
 
¶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 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 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; 
 
¶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; 
 
¶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 (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; 
 
¶22. Decides to remain seized of the matter. 
 
End resolution text. 
 
3.Begin discussion points: 
 
-- The United States is deeply concerned about the 
political situation in Bosnia and Herzegovina. 
 
-- We therefore welcome this resolution, which reaffirms 
the Security Council's commitment to the implementation of 
the Dayton Accords, the 1995 Peace Agreement, and the role 
of the High Representative, and recognizes the 
contributions of EUFOR and NATO. 
 
-- We join in the resolution's call to all parties to 
cooperate with international authorities in implementing 
the Peace Agreement and continuing Bosnia and 
Herzegovina's transition to stability and democracy. 
 
-- The U.S. fully supports High Representative Lajcak and 
his October 19 measures aimed at strengthening Bosnian 
state-level institutions.  These measures are fully within 
the High Representative's mandate to implement the Dayton 
Accords, and will allow the state government of Bosnia and 
Herzegovina to function in a more efficient manner. 
 
-- The measures are not targeted at any individual ethnic 
group and do not diminish the constitutional protections 
afforded to any of Bosnia and Herzegovina's constituent 
peoples.  The measures merely require members of executive 
and legislative branches to be present for sessions, 
participate in debate, and cast their vote when the 
Council of Ministers or the Parliament takes a decision. 
This is what is expected from elected representatives in 
any democracy. 
 
-- The U.S. fully supports the Dayton Peace Accords and 
existence of the Republika Srpska and the Federation 
entities.  However, we expect all parties to respect and 
abide by the High Representative's decisions and carry out 
their responsibilities, as called for by Dayton. 
 
-- We regret that Prime Minister Spiric decided to resign 
rather than to take advantage of the new Council of 
Ministers procedures to advance the reform agenda to the 
benefit of Bosnia and Herzegovina's citizens.  We urge the 
formation of a new government as soon as possible that is 
committed to following through with reform and advancing 
Bosnia's Euro-Atlantic aspirations. 
 
-- We welcome the October 28 Mostar declaration by Bosnia 
and Herzegovina's governing parties and hope it will lead 
to additional steps that will enable Bosnia to meet the EU' 
s criteria for conclusion of a Stabilization and 
Association Agreement. 
 
-- We strongly support EUFOR and welcome the renewal of 
its UNSC mandate. 
 
-- EUFOR and the NATO Headquarters in Sarajevo continue to 
play a critical role in peace and stabilization efforts in the 
Balkans.  We applaud all those who have contributed to 
EUFOR and urge contributing countries to maintain their 
commitment. 
 
End Points. 
RICE