A4-0184/96

Resolution on the Commission's communication on the reconstruction in the former Yugoslavia (SEC(95)1597 - C4-0595/95)

The European Parliament,

- having regard to the Commission's communication (C4-0595/95 - SEC(95)1597),

- having regard to its previous resolutions on the situation in the former Yugoslavia of 26 October 1995 ((OJ C 308, 20.11.1995, p. 145.)), 14 December 1995 ((OJ C 17, 22.1.1996, p. 147.)), 29 February 1996 ((OJ C 78, 18.3.1996, p. 33.)), 14 March 1996 ((OJ C 96, 1.4.1996, p. 230.)) and 18 April 1996 ((Minutes of that Sitting, Part II, Item 13.)),

- having regard to the Dayton peace agreement of 21 November 1995, which was signed on 14 December 1995 in Paris, and to the conclusions of the London Peace Implementation Conference of 8/9 December 1995, as well as to the negotiations of 18/19 February 1996 in Rome and the conclusions of the Conference of Donors of 12/13 April 1996 in Brussels,

- having regard to the results of its public hearing of 23 April 1996 on the reconstruction of the former Yugoslavia,

- having regard to the report of the Committee on Foreign Affairs, Security and Defence Policy and the opinion of the Committee on Budgets (A4-0184/96),

A. convinced that after four years of war and destruction, lasting peace cannot be built by military means alone, but must be founded on a genuine commitment to reconciliation, and be supported by effective administration of justice, corresponding public order, economic reconstruction and the creation of democratic structures,

B. convinced that the European Union must play a leading role in the context of common efforts by the international community to implement the civil provisions of the peace plan and to contribute to reconstruction of Bosnia- Herzegovina and other destroyed areas,

C. aware that throughout the whole period of war the EU was the main contributor of humanitarian aid and that also in the first months of 1996 after the Donors' Conference of 20/21 December 1995 the EU undertook substantial financial commitments for reconstruction,

D. noting the results of the Florence Conference on the implementation of the peace agreement in Bosnia-Herzegovina, especially regarding the organisation of elections, the free movement of people and the return of refugees,

E. recalling that aid for reconstruction had been imperatively linked to the following political conditions with which the beneficiaries must comply:

- respect for the rule of law, human rights and fundamental freedoms, including the rights of minorities,

- right of voluntary return for refugees and displaced persons,

- release of prisoners and full cooperation with the International War Crimes Tribunal,

- guaranteed freedom of movement for persons, especially in Bosnia- Herzegovina,

F. convinced that all reconstruction efforts should be guided by the aim of contributing to reconciliation and rebuilding coexistence and mutual confidence among the various ethnic/religious groups,

G. whereas, in this respect, no reconstruction can be successful without the development of a civil society capable of providing a stable basis for a lasting peace,

H. noting the further attempts at destabilising the situation in Bosnia- Herzegovina such as the proclaiming of a separatist government of the Croatian Republic of 'Herceg-Bosna¨, the violent attacks against the former Prime Minister Haris Silajdzic and other incidents that might endanger the organization of free and fair elections in Bosnia-Herzegovina,

I. recognizing that the improvement of political conditions, reconciliation, reintegration and reconstruction need long-term efforts which go far beyond the date to which IFOR deployment has been agreed upon,

J. acknowledging the indispensable role played by the NGOs often operating in difficult conditions, lacking adequate means and without any coordination,

1. Welcomes the progress achieved to date in implementing the peace plan in its military dimension as well as the establishment of the necessary structures for the civilian implementation; expresses in this respect its confidence in and support for the work of the High Representative, the European Commission, the international organizations and the NGOs involved in the field;

2. Considers the consolidation of peace, reconciliation and the reconstruction of the former Yugoslavia as the biggest foreign and security policy challenge for the EU since its creation, despite the fact that the implementation of the peace agreement is a responsibility for the international community as a whole, and which in the eyes of its own public opinion will be an important indicator for the credibility and the effectiveness of a common foreign and security policy; therefore strongly supports all efforts to which the EU can contribute politically, financially and economically;

3. Is of the opinion that support in the framework of the reconstruction programme should be withheld from those authorities that do not respect the provisions of the Dayton Peace Agreement, particularly its human rights dimension;

I. As regards reconciliation and respect for human rights

4. Is convinced that after four years of war, destruction and massacres of the civilian population, the way to reconciliation and lasting peace can only be embarked on if those guilty of war crimes, in particular the main instigators, are identified, arrested and brought before the International War Crimes Tribunal in the Hague and made answerable for their actions; emphasises that local authorities also are responsible for locating and arresting suspected war criminals; underlines that the international community must therefore insist on active cooperation with the International War Crimes Tribunal as a precondition for any form of aid for reconstruction beyond humanitarian aid;

5. Calls on the United Nations to amend the statutes of the International War Crimes Tribunal to make it more effective, by introducing the possibility of trying in their absence those responsible for particularly serious crimes;

6. Considers it of the utmost importance to clarify the fate of the thousands of missing persons and calls on all international organizations to assume their specific responsibilities and cooperate in the investigation and clarification of the facts and in determining responsibility;

7. Stresses that the guarantee of freedom of movement for people within the Federation and the self-proclaimed Republika Srpska is a key factor for a sustainable peace, yet, despite the secure conditions brought about by IFOR, the exercise of freedom of movement is seriously hampered by the continuing political obstruction and the climate of fear; believes that, as long as all parties do not fully cooperate with IFOR, the international police force and other international organizations to secure freedom of movement, reconciliation, the people's confidence in peace and the return of refugees and displaced persons are unlikely to be achieved;

8. Deplores the clashes that have occurred in Mostar, Sarajevo and other places in Bosnia, which testify to the influence of extremist elements whose ideology and methods of operation have produced the horrors of the war. These events are putting the process of reintegration and reconciliation between the various ethnic groups to the test;

9. Considers that measures to combat armed gangs and Mafia groups, and the protection of freedom of movement and returning refugees, require tougher intervention than provided for in the Dayton agreement;

10. Calls on the Council to support an international inquiry, under the auspices of the UN or another body, into policy in relation to the capture of Srebrenica in June 1995;

II. As regards refugees and displaced persons

11. Notes that safety and security, as well as the capacity of countries of origin to receive and absorb the influx of returnees from asylum countries, must be the starting point for all decisions regarding the return of refugees;

12. Calls on EU Member States which have granted asylum to refugees from former Yugoslavia to establish a common and overall phased plan coordinated by the Commission for voluntary and gradual repatriation, bearing in mind the proposal by UNHCR, which guarantees a secure and safe environment, with the removal of mines from the territory being a matter of particular urgency, as well as the existence of adequate shelter and essential services;

13. Calls on all the governments of the Republics of former Yugoslavia to adopt or review property laws so that refugees can legitimately get their properties back;

III. As regards elections and the freedom of the media

14. Considers that the fact that those primarily responsible for ethnic expulsions are still in post is an insurmountable barrier to the holding of free and fair elections and therefore urges that their authority be removed definitively;

15. Calls upon the EU and the other international institutions to guarantee that the municipal elections in Mostar, to be held on 30 June 1996, will be free and fair and asks the Member States to give the Serbian refugees of Mostar the opportunity to vote in their embassies in Belgrade;

16. Believes that the holding of free and democratic elections in Bosnia- Herzegovina before 14 September 1996 must represent an important step in paving the way for the establishment of common democratic institutions which should, on the basis of the Dayton accord, exclude those persons who have been accused of war crimes from any public function;

17. Urges the Council, the Commission and the international community as a whole to do all in their power to ensure that the necessary pre-conditions for the organisation of elections in Bosnia-Herzegovina can be fulfilled;

18. Calls on the Council of Ministers to decide on a joint action to monitor closely the development of the electoral process in all of its stages starting from the electoral campaign together with the OSCE and to fully include the European Parliament in an EU observers' delegation;

19. Is of the opinion that in order to guarantee free and fair elections there should be better cooperation between the Federation and the Republika Srpska in the framework of the State of Bosnia-Herzegovina;

20. Believes that after the publication of the provisional electoral roll, based on the 1991 census, all citizens of Bosnia and Herzegovina, whether living there or abroad, must be given the opportunity to check their names and also to have the right to vote in the municipality or entity in which they were registered in 1991 or, if they regard that as impossible, elsewhere in Bosnia-Herzegovina; calls on the Member States to give active support to the participation in the coming elections of Bosnian refugees currently living in the EU;

21. Calls on the Member States to reassure refugees voting in the elections that, although such may be indicative of an intention to return, this in no way amounts to an obligation on the part of refugees to do so as long as conditions are not conducive to such return: stresses that this applies to voting in person as well as by absentee ballot; welcomes measures already taken by a number of Member States to ensure that voting in person will not affect the right of voters to continue to benefit from temporary protection and to be re-admitted in the host country;

22. Deplores the incidents which occur regularly in the Republika Srpska in which refugees, trying to visit their original homes, have been killed and harassed and is of the opinion that these incidents seriously undermine the election process;

23. Appeals to its own political forces as well to political parties, trade unions, social, religious and cultural institutions in the EU countries to support those forces that have acted in support of the peace process and are committed to reconciliation and reintegration, the rule of law and democracy and asks the EU institutions to provide the international and local NGOs making efforts to build and strengthen civil society with the necessary means to carry out their actions;

24. Reiterates that there must be equitable and free access to the media throughout the whole country by all registered parties both before and during the elections campaign, especially on radio and television;

25. Considers that there must be an effective ban on inflammatory broadcasts and deliberately misleading information designed to maintain or incite ethnic hatred;

26. Confirms the position on the freedom of media taken in its abovementioned resolution of 14 March 1996 and calls on the Commission and the High Representative to support and promote free and independent media which have the reconstruction of a democratic and multi-ethnic society as their main objective;

IV. As regards financial aid

27. Expresses its satisfaction at the funding commitments given at the Donors' Conference in Brussels on 12 and 13 April 1996;

28. Recognizes the considerable efforts the EU has made in financing and managing the most urgent needs for improving the living conditions of the population, partially through the Phare Essential Aid Programme, but confirms its position expressed in its aforementioned resolution of 29 February 1996 that the EU financial contributions cannot be financed through Phare alone but need special funding in the context of a review of the financial perspective in a specific programme;

V. As regards economic rehabilitation and reconstruction

29. Believes that a rapid and convincing start to economic rehabilitation and reconstruction will be the best way of significantly reducing the dependence of the population on humanitarian aid and of demonstrating, before the elections, that compliance with the Dayton accord and cooperation bring tangible benefits;

30. Takes the view that priority should be given to projects which contribute to the economic reintegration of the country and facilitate the process of reconciliation;

31. Calls on the parties to institute immediately in each municipality an economic rehabilitation programme designed to clear up the destruction created by war, the restoration of normal services (utilities, transport and other local services) and promote the rebuilding of housing, giving priority to the employment of demobilized members of the Armed Forces;

32. Believes that international reconstruction aid should be directed towards key infrastructure needs in the areas of power and electricity, telecommunications and road and rail links, thus also contributing to the rebuilding of housing, which is vital to enable a large number of refugees to return. Such aid should include the funding of recurring costs such as wages in basic sectors such as education and health, at least for a limited period;

33. Stresses the need to bridge the 'gap¨ between humanitarian aid and large- scale reconstruction by supporting targeted, small-scale rehabilitation projects, focusing on shelter but including schools and medical facilities, in the hope that this form of targeted assistance will pave the way for the return of numerous displaced persons to municipalities where the major impediment to such return is the destruction of infrastructure and not political obstruction;

34. Wants special attention to be given to projects which contribute to the cooperation between the Federation and the Republika Srpska, and stresses that the experience of the Phare cross-border programme might be used as an important basis, upholding the principle of conditionality;

35. Encourages the Commission to continue the Phare Essential Aid programme and to concentrate in a second phase on those sectors and projects which can help to reduce unemployment, strengthen public institutions and administrations and prepare for future EU aid programmes together with investment programmes by the EIB, EBRD and IBRD;

36. Asks the Commission to assess the need for budgetary, financial and implementing instruments in order to face up to such complex, urgent and large-scale responsibilities as those taken on in Bosnia-Herzegovina and avoid bureaucratic delays in implementing intervention projects;

VI. As regards the Peace Implementation Review Conference

37. Deplores the failure of the Peace Implementation Review Conference of 13-14 June 1996 in Florence to make a clear statement on the need to sideline those who bore the greatest responsibility for the the war against Bosnia- Herzegovina and on the implementation of the civilian aspects, particularly with a view to the forthcoming elections;

38. Believes that, despite the positive outcome of the conference held in Florence to review the implementation of the peace agreements, there are certain points relating to the holding of elections in Bosnia-Herzegovina which need to be confirmed and which depend on the goodwill of all parties: the creation of conditions necessary to hold free elections and real guarantees of freedom of movement which will enable people to exercise their right to vote;

39. Welcomes the agreement to limit heavy weapons concluded and signed by the Federal Republic of Yugoslavia, the Republic of Croatia and the Republic of Bosnia-Herzegovina, which will help limit the risk of future conflict;

40. Considers that the Union's economic and trade policy towards the countries of former Yugoslavia must encourage regional integration and lead, as soon as the political situation allows, to the conclusion of cooperation agreements and, ultimately, association agreements between the Union and these countries;

41. Considers further that the Union should envisage unilateral measures in the trade sector, in particular within the framework of the GSP;

42. Stresses that the granting of international reconstruction aid on a larger scale should depend on the results of such an assessment as well as on the outcome of the elections in September 1996;

43. Takes the view that the investment represented by the economic, political and humanitarian efforts made so far by the EU, the international agencies, the High Representative and the numerous NGOs should not be lost either through insufficient funding or more seriously by an early withdrawal of IFOR, thus endangering the civil implementation efforts which will have to continue beyond the end of 1996; the IFOR presence should be guaranteed with the necessary human resources for as long as required on the basis of an agreement between all the participating forces, in particular the countries of the EU and the United States;

44. Calls upon the EU to consider a further extension of the EU administration in Mostar; urges the Council to clarify the status of EU personnel after 22 June 1996 in order to avoid an early loss of experienced staff;

45. Instructs its competent committee to draw up a follow-up report before December 1996 in order to evaluate the results and future strategy;

46. Instructs its President to forward this resolution to the Commission, the Council, the governments and the parliaments of the Member States, the governments and parliaments of the republics of the former Yugoslavia, and the High Representative of the United Nations.