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The Republic of Bosnia and Herzegovina, the Republic of Croatia and the
Federal Republic of Yugoslavia (the "Parties"),
Recognizing the need for a comprehensive settlement to bring an end to
the tragic conflict in the region,
Desiring to contribute toward that end and to promote an enduring peace
and stability,
Affirming their commitment to the Agreed Basic Principles issued on
September 8, 1995, the Further Agreed Basic Principles issued on
September 26, 1995, and the cease-fire agreements of September 14 and
October 5, 1995,
Noting the agreement of August 29, 1995, which authorized the delegation
of the Federal Republic of Yugoslavia to sign, on behalf of the
Republika Srpska, the parts of the peace plan concerning it, with the
obligation to implement the agreement that is reached strictly and
consequently,
Have agreed as follows:
The Parties shall conduct their relations in accordance with the
principles set forth in the United Nations Charter, as well as the
Helsinki Final Act and other documents of the Organization for Security
and Cooperation in Europe. In particular, the Parties shall fully
respect the sovereign equality of one another, shall settle disputes by
peaceful means, and shall refrain from any action, by threat or use of
force or otherwise, against the territorial integrity or political
independence of Bosnia and Herzegovina or any other State.
The Parties welcome and endorse the arrangements that have been made
concerning the military aspects of the peace settlement and aspects of
regional stabilization, as set forth in the Agreements at Annex 1-A and
Annex 1-B. The Parties shall fully respect and promote fulfillment of
the commitments made in Annex 1-A, and shall comply fully with their
commitments as set forth in Annex 1-B.
The Parties welcome and endorse the arrangements that have been made
concerning the boundary demarcation between the two Entities, the
Federation of Bosnia and Herzegovina and Republika Srpska, as set forth
in the Agreement at Annex 2. The Parties shall fully respect and
promote fulfillment of the commitments made therein.
The Parties welcome and endorse the elections program for Bosnia and
Herzegovina as set forth in Annex 3. The Parties shall fully respect
and promote fulfillment of that program.
The Parties welcome and endorse the arrangements that have been made
concerning the Constitution of Bosnia and Herzegovina, as set forth in
Annex 4. The Parties shall fully respect and promote fulfillment of the
commitments made therein.
The Parties welcome and endorse the arrangements that have been made
concerning the establishment of an arbitration tribunal, a Commission on
Human Rights, a Commission on Refugees and Displaced Persons, a
Commission to Preserve National Monuments, and Bosnia and Herzegovina
Public Corporations, as set forth in the Agreements at Annexes 5-9. The
Parties shall fully respect and promote fulfillment of the commitments
made therein.
Recognizing that the observance of human rights and the protection of
refugees and displaced persons are of vital importance in achieving a
lasting peace, the Parties agree to and shall comply fully with the
provisions concerning human rights set forth in Chapter One of the
Agreement at Annex 6, as well as the provisions concerning refugees and
displaced persons set forth in Chapter One of the Agreement at Annex 7.
The Parties welcome and endorse the arrangements that have been made
concerning the implementation of this peace settlement, including in
particular those pertaining to the civilian (non-military)
implementation, as set forth in the Agreement at Annex 10, and the
international police task force, as set forth in the Agreement at Annex
11. The Parties shall fully respect and promote fulfillment of the
commitments made therein.
The Parties shall cooperate fully with all entities involved in
implementation of this peace settlement, as described in the Annexes to
this Agreement, or which are otherwise authorized by the United Nations
Security Council, pursuant to the obligation of all Parties to cooperate
in the investigation and prosecution of war crimes and other violations
of international humanitarian law.
The Federal Republic of Yugoslavia and the Republic of Bosnia and
Herzegovina recognize each other as sovereign independent States within
their international borders. Further aspects of their mutual
recognition will be subject to subsequent discussions.
This Agreement shall enter into force upon signature.
DONE at Paris, this [21st] day of [November] , 1995, in the Bosnian,
Croatian, English and Serbian languages, each text being equally
authentic.
For the Republic of Bosnia and Herzegovina
For the Republic of Croatia
For the Federal Republic of Yugoslavia
Witnessed by:
European Union Special Negotiator
For the French Republic
For the Federal Republic of Germany
For the Russian Federation
For the United Kingdom of Great Britain and Northern Ireland
For the United States of America
Agreement on Military Aspects of the Peace Settlement
Agreement on Regional Stabilization
Agreement on Inter-Entity Boundary Line and Related Issues
Agreement on Elections
Constitution
Agreement on Arbitration
Agreement on Human Rights
Agreement on Refugees and Displaced Persons
Agreement on the Commission to Preserve
National Monuments
Agreement on Bosnia and Herzegovina Public Corporations
Agreement on Civilian Implementation
Agreement on International Police Task Force
[The State Department does not guarantee the authenticity of electronic
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20520. Telephone: 202 647-5760. State Department information is not
copyrighted unless indicated and may be reproduced without consent.
Citation of source is appreciated. Permission to reproduce any
copyrighted material (including graphics and photos) must be obtained
from the original source."]
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..
The Dayton Peace Agreement
Text of Dayton Peace Agreement Documents Initialed in Dayton, Ohio on
November 21, 1995
The Republic of Bosnia and Herzegovina, the Federation of Bosnia and
Herzegovina, and the Republika Srpska (hereinafter the "Parties") have
agreed as follows:
1. The Parties undertake to recreate as quickly as possible normal
conditions of life in Bosnia and Herzegovina. They understand that this
requires a major contribution on their part in which they will make
strenuous efforts to cooperate with each other and with the
international organizations and agencies which are assisting them on the
ground. They welcome the willingness of the international community to
send to the region, for a period of approximately one year, a force to
assist in implementation of the territorial and other militarily related
provisions of the agreement as described herein.
(a) The United Nations Security Council is invited to adopt a resolution
by which it will authorize Member States or regional organizations and
arrangements to establish a multinational military Implementation Force
(hereinafter "IFOR"). The Parties understand and agree that this
Implementation Force may be composed of ground, air and maritime units
from NATO and non-NATO nations, deployed to Bosnia and Herzegovina to
help ensure compliance with the provisions of this Agreement
(hereinafter "Annex"). The Parties understand and agree that the IFOR
will begin the implementation of the military aspects of this Annex upon
the transfer of authority from the UNPROFOR Commander to the IFOR
Commander (hereinafter "Transfer of Authority"), and that until the
Transfer of Authority, UNPROFOR will continue to exercise its mandate.
(b) It is understood and agreed that NATO may establish such a force,
which will operate under the authority and subject to the direction and
political control of the North Atlantic Council ("NAC") through the NATO
chain of command. They undertake to facilitate its operations. The
Parties, therefore, hereby agree and freely undertake to fully comply
with all obligations set forth in this Annex.
(c) It is understood and agreed that other States may assist in
implementing the military aspects of this Annex. The Parties understand
and agree that the modalities of those States' participation will be the
subject of agreement between such participating States and NATO.
2. The purposes of these obligations are as follows:
(a) to establish a durable cessation of hostilities. Neither Entity
shall threaten or use force against the other Entity, and under no
circumstances shall any armed forces of either Entity enter into or stay
within the territory of the other Entity without the consent of the
government of the latter and of the Presidency of Bosnia and
Herzegovina. All armed forces in Bosnia and Herzegovina shall operate
consistently with the sovereignty and territorial integrity of Bosnia
and Herzegovina;
(b) to provide for the support and authorization of the IFOR and in
particular to authorize the IFOR to take such actions as required,
including the use of necessary force, to ensure compliance with this
Annex, and to ensure its own protection; and
(c) to establish lasting security and arms control measures as outlined
in Annex 1-B to the General Framework Agreement, which aim to promote a
permanent reconciliation between all Parties and to facilitate the
achievement of all political arrangements agreed to in the General
Framework Agreement.
3. The Parties understand and agree that within Bosnia and Herzegovina
the obligations undertaken in this Annex shall be applied equally within
both Entities. Both Entities shall be held equally responsible for
compliance herewith, and both shall be equally subject to such
enforcement action by the IFOR as may be necessary to ensure
implementation of this Annex and the protection of the IFOR.
1. The Parties shall comply with the cessation of hostilities begun with
the agreement of October 5, 1995 and shall continue to refrain from all
offensive operations of any type against each other. An offensive
operation in this case is an action that includes projecting forces or
fire forward of a Party's own lines. Each Party shall ensure that all
personnel and organizations with military capability under its control
or within territory under its control, including armed civilian groups,
national guards, army reserves, military police, and the Ministry of
Internal Affairs Special Police (MUP) (hereinafter "Forces") comply with
this Annex. The term "Forces" does not include UNPROFOR, the
International Police Task Force referred to in the General Framework
Agreement, the IFOR or other elements referred to in Article I,
paragraph 1 (c).
2. In carrying out the obligations set forth in paragraph 1, the Parties
undertake, in particular, to cease the firing of all weapons and
explosive devices except as authorized by this Annex. The Parties shall
not place any additional minefields, barriers, or protective obstacles.
They shall not engage in patrolling, ground or air reconnaissance
forward of their own force positions, or into the Zones of Separation as
provided for in Article IV below, without IFOR approval.
3. The Parties shall provide a safe and secure environment for all
persons in their respective jurisdictions, by maintaining civilian law
enforcement agencies operating in accordance with internationally
recognized standards and with respect for internationally recognized
human rights and fundamental freedoms, and by taking such other measures
as appropriate. The Parties also commit themselves to disarm and disband
all armed civilian groups, except for authorized police forces, within
30 days after the Transfer of Authority.
4. The Parties shall cooperate fully with any international personnel
including investigators, advisors, monitors, observers, or other
personnel in Bosnia and Herzegovina pursuant to the General Framework
Agreement, including facilitating free and unimpeded access and movement
and by providing such status as is necessary for the effective conduct
of their tasks.
5. The Parties shall strictly avoid committing any reprisals, counter-
attacks, or any unilateral actions in response to violations of this
Annex by another Party. The Parties shall respond to alleged violations
of the provisions of this Annex through the procedures provided in
Article VIII.
1. All Forces in Bosnia and Herzegovina as of the date this Annex enters
into force which are not of local origin, whether or not they are
legally and militarily subordinated to the Republic of Bosnia and
Herzegovina, the Federation of Bosnia and Herzegovina, or Republika
Srpska, shall be withdrawn together with their equipment from the
territory of Bosnia and Herzegovina within thirty (30) days.
Furthermore, all Forces that remain on the territory of Bosnia and
Herzegovina must act consistently with the territorial integrity,
sovereignty, and political independence of Bosnia and Herzegovina. In
accordance with Article II, paragraph 1, this paragraph does not apply
to UNPROFOR, the International Police Task Force referred to in the
General Framework Agreement, the IFOR or other elements referred to in
Article I, paragraph 1 (c).
2. In particular, all foreign Forces, including individual advisors,
freedom fighters, trainers, volunteers, and personnel from neighboring
and other States, shall be withdrawn from the territory of Bosnia and
Herzegovina in accordance with Article III, paragraph 1.
1. The Republic of Bosnia and Herzegovina and the Entities shall
redeploy their Forces in three phases:
2. PHASE I
(a) The Parties immediately after this Annex enters into force shall
begin promptly and proceed steadily to withdraw all Forces behind a Zone
of Separation which shall be established on either side of the Agreed
Cease-Fire Line that represents a clear and distinct demarcation between
any and all opposing Forces. This withdrawal shall be completed within
thirty (30) days after the Transfer of Authority. The precise Agreed
Cease-Fire Line and Agreed Cease-Fire Zone of Separation are indicated
on the maps at Appendix A of this Annex.
(b) The Agreed Cease-Fire Zone of Separation shall extend for a distance
of approximately two (2) kilometers on either side of the Agreed Cease-
Fire Line. No weapons other than those of the IFOR are permitted in this
Agreed Cease-Fire Zone of Separation except as provided herein. No
individual may retain or possess any military weapons or explosives
within this four kilometer Zone without specific approval of the IFOR.
Violators of this provision shall be subject to military action by the
IFOR, including the use of necessary force to ensure compliance.
(c) In addition to the other provisions of this Annex, the following
specific provisions shall also apply to Sarajevo and Gorazde:
SARAJEVO
(1) Within seven (7) days after the Transfer of Authority, the Parties
shall transfer and vacate selected positions along the Agreed Cease-Fire
Line according to instructions to be issued by the IFOR Commander.
(2) The Parties shall complete withdrawal from the Agreed Cease-Fire
Zone of Separation in Sarajevo within thirty (30) days after the
Transfer of Authority, in accordance with Article IV, paragraph 2. The
width of this Zone of Separation will be approximately one (l) kilometer
on either side of the Agreed Cease-Fire Line. However, this Zone of
Separation may be adjusted by the IFOR Commander either to narrow the
Zone of Separation to take account of the urban area of Sarajevo or to
widen the Zone of Separation up to two (2) kilometers on either side of
the Agreed Cease-Fire Line to take account of more open terrain.
(3) Within the Agreed Cease-Fire Zone of Separation, no individual may
retain or possess any weapons or explosives, other than a member of the
IFOR or the local police exercising official duties as authorized by the
IFOR in accordance with Article IV, paragraph 2(b).
(4) The Parties understand and agree that violators of subparagraphs
(1), (2) and (3) above shall be subject to military action by the IFOR,
including the use of necessary force to ensure compliance.
GORAZDE
(1) The Parties understand and agree that a two lane all-weather road
will be constructed in the Gorazde Corridor. Until such road
construction is complete, the two interim routes will be used by both
Entities.
The Grid coordinates for these alternate routes are (Map References:
Defense Mapping Agency 1:50,000 Topographic Line Maps, Series M709,
Sheets 2782-1, 2782-2, 2782-3, 2782-4, 2881-4, 2882-1, 2882-2, 2882-3,
and 2882-4; Military Grid Reference System grid coordinates referenced
to World Geodetic System 84 (Horizontal Datum):
Interim Route 1: From Gorazde (34TCP361365), proceed northeast following
Highway 5 along the Drina River to the Ustipraca area (34TCP456395). At
that point, proceed north on Highway 19-3 through Rogatica (34TCP393515)
continuing northwest past Stienice (34TCP294565) to the road
intersection at Podromanija (34TCP208652). From this point, proceed
west following Highway 19 to where it enters the outskirts of Sarajevo
(34TBP950601).
Interim Route 2: From Gorazde (34TCP361365), proceed south following
Highway 20. Follow Highway 20 through Ustinkolina (34TCP218281).
Continue south following Highway 20 passing Foca along the west bank of
the Drina River (34TCP203195) to a point (34TCP175178) where the route
turns west following Highway 18. From this point, follow Highway 18
south of Miljevina (34TCP097204) continuing through Trnovo (34TBP942380)
north to the outskirts of Sarajevo where it enters the town at Vaskovici
(34TBP868533).
There shall be complete freedom of movement along these routes for
civilian traffic. The Parties shall only utilize these interim routes
for military forces and equipment as authorized by and under the control
and direction of the IFOR. In this regard, and in order to reduce the
risk to civilian traffic, the IFOR shall have the right to manage
movement of military and civilian traffic from both Entities along these
routes.
(2) The Parties understand and agree that violators of subparagraph (1)
shall be subject to military action by the IFOR, including the use of
necessary force to ensure compliance.
(3) The Parties pledge as a confidence building measure that they shall
not locate any Forces or heavy weapons as defined in paragraph 5 of this
Article within two (2) kilometers of the designated interim routes.
Where those routes run in or through the designated Zones of Separation,
the provisions relating to Zones of Separation in this Annex shall also
apply.
(d) The Parties immediately after this Annex enters into force shall
begin promptly and proceed steadily to complete the following activities
within thirty (30) days after the Transfer of Authority or as determined
by the IFOR Commander: (1) remove, dismantle or destroy all mines,
unexploded ordnance, explosive devices, demolitions, and barbed or razor
wire from the Agreed Cease-Fire Zone of Separation or other areas from
which their Forces are withdrawn; (2) mark all known mine emplacements,
unexploded ordnance, explosive devices and demolitions within Bosnia and
Herzegovina; and (3) remove, dismantle or destroy all mines, unexploded
ordnance, explosive devices and demolitions as required by the IFOR
Commander.
(e) The IFOR is authorized to direct that any military personnel, active
or reserve, who reside within the Agreed Cease-Fire Zone of Separation
register with the appropriate IFOR Command Post referred to in Article
VI which is closest to their residence.
3. PHASE II (AS REQUIRED IN SPECIFIC LOCATIONS)
This phase applies to those locations where the Inter-Entity Boundary
Line does not follow the Agreed Cease-Fire Line.
(a) In those locations in which, pursuant to the General Framework
Agreement, areas occupied by one Entity are to be transferred to another
Entity, all Forces of the withdrawing Entity shall have forty-five (45)
days after the Transfer of Authority to completely vacate and clear this
area. This shall include the removal of all Forces as well as the
removal, dismantling or destruction of equipment, mines, obstacles,
unexploded ordnance, explosive devices, demolitions, and weapons. In
those areas being transferred to a different Entity, in order to provide
an orderly period of transition, the Entity to which an area is
transferred shall not put Forces in this area for (90) days after the
Transfer of Authority or as determined by the IFOR Commander. The
Parties understand and agree that the IFOR shall have the right to
provide the military security for these transferred areas from thirty
(30) days after the Transfer of Authority until ninety-one (91) days
after the Transfer of Authority, or as soon as possible as determined by
the IFOR Commander, when these areas may be occupied by the Forces of
the Entity to which they are transferred. Upon occupation by the Entity
to which the area is transferred, a new Zone of Separation along the
Inter-Entity Boundary Line as indicated on the map at Appendix A shall
be established by the IFOR, and the Parties shall observe the same
limitations on the presence of Forces and weapons in this Zone as apply
to the Agreed Cease-Fire Zone of Separation.
(b) The IFOR is authorized to direct that any military personnel, active
or reserve, who reside within the Inter-Entity Zone of Separation
register with the appropriate IFOR Command Post referred to in Article
VI which is closest to their residence.
4. GENERAL. The following provisions apply to Phases I and II:
(a) In order to provide visible indication, the IFOR shall supervise the
selective marking of the Agreed Cease-Fire Line and its Zone of
Separation, and the Inter-Entity Boundary Line and its Zone of
Separation. Final authority for placement of such markers shall rest
with the IFOR. All Parties understand and agree that the Agreed Cease-
Fire Line and its Zone of Separation and the Inter-Entity Boundary Line
and its Zone of Separation are defined by the maps and documents agreed
to as part of the General Framework Agreement and not the physical
location of markers.
(b) All Parties understand and agree that they shall be subject to
military action by the IFOR, including the use of necessary force to
ensure compliance, for:
(1) failure to remove all their Forces and unauthorized weapons from the
four (4) kilometer Agreed Cease-Fire Zone of Separation within thirty
(30) days after the Transfer of Authority, as provided in Article IV,
paragraph 2(a) and (b) above;
(2) failure to vacate and clear areas being transferred to another
Entity within forty-five (45) days after the Transfer of Authority, as
provided in Article IV, paragraph 3(a) above;
(3) deploying Forces within areas transferred from another Entity
earlier than ninety (90) days after the Transfer of Authority or as
determined by the IFOR Commander, as provided in Article IV, paragraph
3(a) above;
(4) failure to keep all Forces and unauthorized weapons outside the
Inter Entity Zone of Separation after this Zone is declared in effect by
the IFOR, as provided in Article IV, paragraph 3(a) above; or
(5) violation of the cessation of hostilities as agreed to by the
Parties in Article II.
5. PHASE III
The Parties pledge as confidence building measures that they shall:
(a) within 120 days after the Transfer of Authority withdraw all heavy
weapons and Forces to cantonment/barracks areas or other locations as
designated by the IFOR Commander. "Heavy weapons" refers to all tanks
and armored vehicles, all artillery 75 mm and above, all mortars 81 mm
and above, and all anti-aircraft weapons 20 mm and above. This movement
of these Forces to cantonment/barracks areas is intended to enhance
mutual confidence by the Parties in the success of this Annex and help
the overall cause of peace in Bosnia and Herzegovina.
(b) within 120 days after the Transfer of Authority demobilize Forces
which cannot be accommodated in cantonment/barracks areas as provided in
subparagraph (a) above. Demobilization shall consist of removing from
the possession of these personnel all weapons, including individual
weapons, explosive devices, communications equipment, vehicles, and all
other military equipment. All personnel belonging to these Forces shall
be released from service and shall not engage in any further training or
other military activities.
6. Notwithstanding any other provision of this Annex, the Parties
understand and agree that the IFOR has the right and is authorized to
compel the removal, withdrawal, or relocation of specific Forces and
weapons from, and to order the cessation of any activities in, any
location in Bosnia and Herzegovina whenever the IFOR determines such
Forces, weapons or activities to constitute a threat or potential threat
to either the IFOR or its mission, or to another Party. Forces failing
to redeploy, withdraw, relocate, or to cease threatening or potentially
threatening activities following such a demand by the IFOR shall be
subject to military action by the IFOR, including the use of necessary
force to ensure compliance, consistent with the terms set forth in
Article I, Paragraph 3.
1. Immediately upon establishment of the Joint Military Commission
provided for in Article VIII, each Party shall furnish to the Joint
Military Commission information regarding the positions and descriptions
of all known unexploded ordnance, explosive devices, demolitions,
minefields, booby traps, wire entanglements, and all other physical or
military hazards to the safe movement of any personnel within Bosnia and
Herzegovina, as well as the location of lanes through the Agreed Cease-
Fire Zone of Separation which are free of all such hazards. The Parties
shall keep the Joint Military Commission updated on changes in this
information.
2. Within thirty (30) days after the Transfer of Authority, each Party
shall furnish to the Joint Military Commission the following specific
information regarding the status of its Forces within Bosnia and
Herzegovina and shall keep the Joint Military Commission updated on
changes in this information:
(a) location, type, strengths of personnel and weaponry of all Forces
within ten (10) kilometers of the Agreed Cease-Fire Line and Inter-
Entity Boundary Line.
(b) maps depicting the forward line of troops and front lines;
(c) positions and descriptions of fortifications, minefields, unexploded
ordnance, explosive devices, demolitions, barriers, and other man-made
obstacles, ammunition dumps, command headquarters, and communications
networks within ten (10) kilometers of the Agreed Cease-Fire Line or
Inter-Entity Boundary Line;
(d) positions and descriptions of all surface to air missiles/launchers,
including mobile systems, anti-aircraft artillery, supporting radars and
associated command and control systems;
(e) positions and descriptions of all mines, unexploded ordnance,
explosive devices, demolitions, obstacles, weapons systems, vehicles, or
any other military equipment which cannot be removed, dismantled or
destroyed under the provisions of Article IV, paragraphs 2(d) and 3(a);
and
(f) any further information of a military nature as requested by the
IFOR.
3. Within 120 days after the Transfer of Authority, the Parties shall
furnish to the Joint Military Commission the following specific
information regarding the status of their Forces in Bosnia and
Herzegovina and shall keep the Joint Military Commission updated on
changes in this information:
(a) location, type, strengths of personnel and weaponry of all Forces;
(b) maps depicting the information in sub-paragraph (a) above;
(c) positions and descriptions of fortifications, minefields, unexploded
ordnance, explosive devices, demolitions, barriers, and other man-made
obstacles, ammunition dumps, command headquarters, and communications
networks; and
(d) any further information of a military nature as requested by the
IFOR.
1. Recognizing the need to provide for the effective implementation of
the provisions of this Annex, and to ensure compliance, the United
Nations Security Council is invited to authorize Member States or
regional organizations and arrangements to establish the IFOR acting
under Chapter VII of the United Nations Charter. The Parties understand
and agree that this Implementation Force may be composed of ground, air
and maritime units from NATO and non-NATO nations, deployed to Bosnia
and Herzegovina to help ensure compliance with the provisions of this
Annex. The Parties understand and agree that the IFOR shall have the
right to deploy on either side of the Inter-Entity Boundary Line and
throughout Bosnia and Herzegovina.
2. The Parties understand and agree that the IFOR shall have the right:
(a) to monitor and help ensure compliance by all Parties with this Annex
(including, in particular, withdrawal and redeployment of Forces within
agreed periods, and the establishment of Zones of Separation);
(b) to authorize and supervise the selective marking of the Agreed
Cease-Fire Line and its Zone of Separation and the Inter-Entity Boundary
Line and its Zone of Separation as established by the General Framework
Agreement;
(c) to establish liaison arrangements with local civilian and military
authorities and other international organizations as necessary for the
accomplishment of its mission; and
(d) to assist in the withdrawal of UN Peace Forces not transferred to
the IFOR, including, if necessary, the emergency withdrawal of UNCRO
Forces.
3. The Parties understand and agree that the IFOR shall have the right
to fulfill its supporting tasks, within the limits of its assigned
principal tasks and available resources, and on request, which include
the following:
(a) to help create secure conditions for the conduct by others of other
tasks associated with the peace settlement, including free and fair
elections;
(b) to assist the movement of organizations in the accomplishment of
humanitarian missions;
(c) to assist the UNHCR and other international organizations in their
humanitarian missions;
(d) to observe and prevent interference with the movement of civilian
populations, refugees, and displaced persons, and to respond
appropriately to deliberate violence to life and person; and,
(e) to monitor the clearing of minefields and obstacles.
4. The Parties understand and agree that further directives from the NAC
may establish additional duties and responsibilities for the IFOR in
implementing this Annex.
5. The Parties understand and agree that the IFOR Commander shall have
the authority, without interference or permission of any Party, to do
all that the Commander judges necessary and proper, including the use of
military force, to protect the IFOR and to carry out the
responsibilities listed above in paragraphs 2, 3 and 4, and they shall
comply in all respects with the IFOR requirements.
6. The Parties understand and agree that in carrying out its
responsibilities, the IFOR shall have the unimpeded right to observe,
monitor, and inspect any Forces, facility or activity in Bosnia and
Herzegovina that the IFOR believes may have military capability. The
refusal, interference, or denial by any Party of this right to observe,
monitor, and inspect by the IFOR shall constitute a breach of this Annex
and the violating Party shall be subject to military action by the IFOR,
including the use of necessary force to ensure compliance with this
Annex.
7. The Army of the Republic of Bosnia and Herzegovina, the Croat Defense
Council Forces, and the Army of Republika Srpska shall establish Command
Posts at IFOR brigade, battalion, or other Revels which shall be co-
located with specific IFOR command Vocations, as determined by the IFOR
Commander. These Command Posts shall exercise command and control over
all Forces of their respective sides which are located within ten (10)
kilometers of the Agreed Cease-Fire Line or Inter-Entity Boundary Line,
as specified by the IFOR. The Command Posts shall provide, at the
request of the IFOR, timely status reports on organizations and troop
levels in their areas.
8. In addition to co-located Command Posts, the Army of the Republic of
Bosnia and Herzegovina, the Croat Defense Council Forces, and the Army
of Republika Srpska shall maintain liaison teams to be co-located with
the IFOR Command, as determined by the IFOR Commander, for the purpose
of fostering communication, and preserving the overall cessation of
hostilities.
9. Air and surface movements in Bosnia and Herzegovina shall be governed
by the following provisions:
(a) The IFOR shall have complete and unimpeded freedom of movement by
ground, air, and water throughout Bosnia and Herzegovina. It shall have
the right to bivouac, maneuver, billet, and utilize any areas or
facilities to carry out its responsibilities as required for its
support, training, and operations, with such advance notice as may be
practicable. The IFOR and its personnel shall not be liable for any
damages to civilian or government property caused by combat or combat
related activities. Roadblocks, checkpoints or other impediments to IFOR
freedom of movement shall constitute a breach of this Annex and the
violating Party shall be subject to military action by the IFOR,
including the use of necessary force to ensure compliance with this
Annex.
(b) The IFOR Commander shall have sole authority to establish rules and
procedures governing command and control of airspace over Bosnia and
Herzegovina to enable civilian air traffic and non-combat air activities
by the military or civilian authorities in Bosnia and Herzegovina, or if
necessary to terminate civilian air traffic and non-combat air
activities.
(1) The Parties understand and agree there shall be no military air
traffic, or non-military aircraft performing military missions,
including reconnaissance or logistics, without the express permission of
the IFOR Commander. The only military aircraft that may be authorized to
fly in Bosnia and Herzegovina are those being flown in support of the
IFOR, except with the express permission of the IFOR. Any flight
activities by military fixed-wing or helicopter aircraft within Bosnia
and Herzegovina without the express permission of the IFOR Commander are
subject to military action by the IFOR, including the use of necessary
force to ensure compliance.
(2) All air early warning, air defense, or fire control radars shall be
shut down within 72 hours after this Annex enters into force, and shall
remain inactive unless authorized by the IFOR Commander. Any use of air
traffic, air early warning, air defense or fire control radars not
authorized by the IFOR Commander shall constitute a breach of this Annex
and the violating Party shall be subject to military action by the IFOR,
including the use of necessary force to ensure compliance.
(3) The Parties understand and agree that the IFOR Commander will
implement the transfer to civilian control of air space over Bosnia and
Herzegovina to the appropriate institutions of Bosnia and Herzegovina in
a gradual fashion consistent with the objective of the IFOR to ensure
smooth and safe operation of an air traffic system upon IFOR departure.
(c) The IFOR Commander is authorized to promulgate appropriate rules for
the control and regulation of surface military traffic throughout Bosnia
and Herzegovina, including the movement of the Forces of the Parties.
The Joint Military Commission referred to in Article VIII may assist in
the development and promulgation of rules related to military movement.
10. The IFOR shall have the right to utilize such means and services as
required to ensure its full ability to communicate and shall have the
right to the unrestricted use of all of the electromagnetic spectrum for
this purpose. In implementing this right the IFOR shall make every
reasonable effort to coordinate with and take into account the needs and
requirements of the appropriate authorities.
11. All Parties shall accord the IFOR and its personnel the assistance,
privileges, and immunities set forth at Appendix B of this Annex,
including the unimpeded transit through, to, over and on the territory
of all Parties.
12. All Parties shall accord any military elements as referred to in
Article I, paragraph l(c) and their personnel the assistance, privileges
and immunities referred to in Article VI, paragraph 11.
.
It is noted that as a consequence of the forthcoming introduction of the
IFOR into the Republic of Bosnia and Herzegovina, the conditions for the
withdrawal of the UNPROFOR established by United Nations Security
Council Resolution 743 have been met. It is requested that the United
Nations, in consultation with NATO, take all necessary steps to withdraw
the UNPROFOR from Bosnia and Herzegovina, except those parts
incorporated into the IFOR.
1. A Joint Military Commission (the "Commission") shall be established
with the deployment of the IFOR to Bosnia and Herzegovina.
2. The Commission shall:
(a) Serve as the central body for all Parties to this Annex to bring any
military complaints, questions, or problems that require resolution by
the IFOR Commander, such as allegations of cease-fire violations or
other noncompliance with this Annex.
(b) Receive reports and agree on specific actions to ensure compliance
with the provisions of this Annex by the Parties.
(c) Assist the IFOR Commander in determining and implementing a series
of local transparency measures between the Parties.
3. The Commission shall be chaired by the IFOR Commander or his or her
representative and consist of the following members:
(a) the senior military commander of the forces of each Party within
Bosnia and Herzegovina;
(b) other persons as the Chairman may determine;
(c) each Party to this Annex may also select two civilians who shall
advise the Commission in carrying out its duties;
(d) the High Representative referred to in the General Framework
Agreement or his or her nominated representative shall attend Commission
meetings, and offer advice particularly on matters of a political-
military nature.
4. The Commission shall not include any persons who are now who come
under indictment by the International Tribunal for the former
Yugoslavia.
5. The Commission shall function as a consultative body for IFOR
Commander. To the extent possible, problems shall be solved promptly by
mutual agreement. However, all final decisions concerning its military
matters shall be made by the IFOR Commander.
6. The Commission shall meet at the call of the IFOR Commander. The High
Representative may when necessary request a meeting of the Commission.
The Parties may also request a meeting of the Commission.
7. The IFOR Commander shall have the right to decide on military
matters, in a timely fashion, when there are overriding considerations
relating to the safety of the IFOR or the Parties' compliance with the
provisions of this Annex.
8. The Commission shall establish subordinate military commissions for
the purpose of providing assistance in carrying out the functions
described above. Such commissions shall be at the brigade and battalion
level or at other echelons as the local IFOR Commander shall direct and
be composed of commanders from each of the Parties and the IFOR. The
representative of the High Representative shall attend and offer advice
particularly on matters of a political-military nature. The local IFOR
Commander shall invite local civilian authorities when appropriate.
9. Appropriate liaison arrangements will be established between the IFOR
Commander and the High Representative to facilitate the discharge of
their respective responsibilities.
1. The Parties shall release and transfer without delay all combatants
and civilians held in relation to the conflict (hereinafter
"prisoners"), in conformity with international humanitarian law and the
provisions of this Article.
(a) The Parties shall be bound by and implement such plan for release
and transfer of all prisoners as may be developed by the CIRCA, after
consultation with the Parties.
(b) The Parties shall cooperate fully with the ICRC and facilitate its
work in implementing and monitoring the plan for release and transfer of
prisoners.
(c) No later than thirty (30) days after the Transfer of Authority, the
Parties shall release and transfer all prisoners held by them.
(d) In order to expedite this process, no later than twenty-one (21)
days after this Annex enters into force, the Parties shall draw up
comprehensive lists of prisoners and shall provide such lists to the
ICRC, to the other Parties, and to the Joint Military Commission and the
High Representative. These lists shall identify prisoners by
nationality, name, rank (if any) and any internment or military serial
number, to the extent applicable.
(e) The Parties shall ensure that the ICRC enjoys full and unimpeded
access to all places where prisoners are kept and to all prisoners. The
Parties shall permit the ICRC to privately interview each prisoner at
least forty-eight (48) hours prior to his or her release for the purpose
of implementing and monitoring the plan, including determination of the
onward destination of each prisoner.
(f) The Parties shall take no reprisals against any prisoner or his/her
family in the event that a prisoner refuses to be transferred.
(g) Notwithstanding the above provisions, each Party shall comply with
any order or request of the International Tribunal for the Former
Yugoslavia for the arrest, detention, surrender of or access to persons
who would otherwise be released and transferred under this Article, but
who are accused of violations within the jurisdiction of the Tribunal.
Each Party must detain persons reasonably suspected of such violations
for a period of time sufficient to permit appropriate consultation with
Tribunal authorities.
2. In those cases where places of burial, whether individual or mass,
are known as a matter of record, and graves are actually found to exist,
each Party shall permit graves registration personnel of the other
Parties to enter, within a mutually agreed period of time, for the
limited purpose of proceeding to such graves, to recover and evacuate
the bodies of deceased military and civilian personnel of that side,
including deceased prisoners.
The Parties shall cooperate fully with all entities involved in
implementation of this peace settlement, as described in the General
Framework Agreement, or which are otherwise authorized by the United
Nations Security Council, including the International Tribunal for the
Former Yugoslavia.
Each Party shall ensure that the terms of this Annex, and written orders
requiring compliance, are immediately communicated to all of its Forces.
In accordance with Article I, the IFOR Commander is the final authority
in theatre regarding interpretation of this agreement on the military
aspects of the peace settlement, of which the Appendices constitute an
integral part.
This Annex shall enter into force upon signature.
For the Republic of Bosnia and Herzegovina
For the Federation of Bosnia and Herzegovina
For the Republika Srpska
Endorsed:
For the Republic of Croatia
Endorsed:
For the Federal Republic of Yugoslavia
Appendix A to Annex 1-A consists of this document together with (a) a
1:600,000 scale UNPROFOR road map consisting of one map sheet, attached
hereto; and (b) a 1:50,000 scale Topographic Line Map, to be provided as
described below.
On the basis of the attached 1:600,000 scale map, the Parties request
that the United States Department of Defense provide a 1:50,000 scale
Topographic Line Map, consisting of as many map sheets as necessary, in
order to provide a more precise delineation of the lines and zones
indicated. Such map shall be incorporated as an integral part of this
Appendix, and the Parties agree to accept such map as controlling and
definitive for all purposes.
For the Republic of Bosnia and Herzegovina
For the Federation of Bosnia and Herzegovina
For the Republika Srpska
Endorsed:
For the Republic of Croatia
Endorsed:
For the Federal Republic of Yugoslavia
[MAP COPY NOT AVAILABLE]
Agreement Between the Republic of Bosnia and Herzegovina and the North
Atlantic Treaty Organisation (NATO) Concerning the Status of NATO and
its Personnel
The Republic of Bosnia and Herzegovina and the North Atlantic Treaty
Organisation have agreed as follows:
I . For the purposes of the present agreement, the following expressions
shall have the meanings hereunder assigned to them:
- "the Operation" means the support, implementation, preparation and
participation by NATO and NATO personnel in a peace plan in Bosnia and
Herzegovina or a possible withdrawal of U.N. Forces from
former Yugoslavia;
- "NATO personnel" means the civilian and military personnel of the
North Atlantic Treaty Organisation with the exception of personnel
locally hired;
- "NATO" means the North Atlantic Treaty Organisation, its subsidiary
bodies, its military Headquarters and all its constituent national
elements/units acting in support of, preparing and participating in the
Operation;
- "Facilities" mean all premises and land required for conducting the
operational, training and administrative activities by NATO for the
Operation as well as for accommodations of NATO personnel.
2. The provisions of the Convention on the Privileges and Immunities of
the United Nations of 13 February 1946 concerning experts on mission
shall apply mutatis mutandis to NATO personnel involved in the
Operation, except as otherwise provided for in the present agreement.
Moreover NATO, its property and assets shall enjoy the privileges and
immunities specified in that convention and as stated in the present
agreement.
3. All personnel enjoying privileges and immunities under this Agreement
shall respect the laws of the Republic of Bosnia and Herzegovina insofar
as it is compatible with the entrusted tasks/mandate and shall refrain
from activities not compatible with the nature of the Operation.
4. The Government of the Republic of Bosnia and Herzegovina recognizes
the need for expeditious departure and entry procedures for NATO
personnel. They shall be exempt from passport and visa regulations and
the registration requirements applicable to aliens. NATO personnel shall
carry identification which they may be requested to produce for the
authorities of the Republic of Bosnia and Herzegovina but operations,
training and movement shall not be allowed to be impeded or delayed by
such requests.
5. NATO military personnel shall normally wear uniforms, and NATO
personnel may possess and carry arms if authorized to do so by their
orders. The authorities of the Republic of Bosnia and Herzegovina shall
accept as valid, without tax or fee, drivers' licenses and permits
issued to NATO personnel by their respective national authorities.
6. NATO shall be permitted to display the NATO flag and/or national
flags of its constituent national elements/units on any NATO uniform,
means of transport or facility.
7. NATO military personnel under all circumstances and at all times
shall be subject to the exclusive jurisdiction of their respective
national elements in respect of any criminal or disciplinary offenses
which may be committed by them in the Republic of Bosnia and
Herzegovina. NATO and the authorities of the Republic of Bosnia and
Herzegovina shall assist each other in the exercise of their respective
jurisdictions.
8. As experts on mission, NATO personnel shall be immune from personal
arrest or detention. NATO personnel mistakenly arrested or detained
shall immediately be turned over to NATO authorities.
9. NATO personnel shall enjoy, together with their vehicles, vessels,
aircraft and equipment, free and unrestricted passage and unimpeded
access throughout the Republic of Bosnia and Herzegovina including
airspace and territorial waters of the Republic of Bosnia and
Herzegovina. This shall include, but not be limited to, the right of
bivouac, maneuver, billet, and utilization of any areas or facilities as
required for support, training, and operations. NATO shall be exempt
from providing inventories or other routine customs documentation on
personnel, vehicles, vessels, aircraft, equipment, supplies, and
provisions entering, exiting, or transiting the territory of the
Republic of Bosnia and Herzegovina in support of the Operation. The
authorities of the Republic of Bosnia and Herzegovina shall facilitate
with all appropriate means all movements of personnel, vehicles,
vessels, aircraft, equipment or supplies, through ports, airports or
roads used. Vehicles, vessels and aircraft used in support of the
Operation shall not be subject to licensing or registration
requirements, nor commercial insurance. NATO will use airports, roads
and ports without payment of duties, dues, tolls or charges. However,
NATO shall not claim exemption from reasonable charges for services
requested and received, but operations/movement and access shall not be
allowed to be impeded pending payment for such services.
10. NATO personnel shall be exempt from taxation by the Republic of
Bosnia and Herzegovina on the salaries and emoluments received from NATO
and on any income received from outside the Republic of Bosnia and
Herzegovina.
11. NATO personnel and their tangible movable property imported into or
acquired in the Republic of Bosnia and Herzegovina shall also be- exempt
from all identifiable taxes by the Republic of Bosnia and Herzegovina,
except municipal rates for services enjoyed, and from all registration
fees and related charges.
12. NATO shall be allowed to import and to export free of duty or other
restriction equipment, provisions, and supplies, necessary for the
Operation, provided such goods are for the official use of NATO or for
sale via commissaries or canteens provided for NATO personnel. Goods
sold shall be solely for the use of NATO personnel and not transferable
to other parties.
13. It is recognized by the Government of the Republic of Bosnia and
Herzegovina that the use of communications channels shall be necessary
for the Operation. NATO shall be allowed to operate its own internal
mail and telecommunications services, including broadcast services. This
shall include the right to utilize such means and services as required
to assure full ability to communicate, and the right to use all of the
electro-magnetic spectrum for this purpose, free of cost. In
implementing this right, NATO shall make every reasonable effort to
coordinate with and take into account the needs and requirements of
appropriate authorities of the Republic of Bosnia and Herzegovina.
14. The Government of the Republic of Bosnia and Herzegovina shall
provide, free of cost, such facilities NATO needs for the preparation
for and execution of the Operation. The Government of the Republic of
Bosnia and Herzegovina shall assist NATO in obtaining, at the lowest
rate, the necessary utilities such as electricity, water and other
resources necessary for the Operation.
15. Claims for damage or injury to Government personnel or property, or
to private personnel or property of the Republic of Bosnia and
Herzegovina shall be submitted through governmental authorities of the
Republic of Bosnia and Herzegovina to the designated NATO
Representatives.
16. NATO shall be allowed to contract direct with suppliers for services
and supplies in the Republic of Bosnia and Herzegovina without payment
of tax or duties. Such services and supplies shall not be subject to
sales and other taxes. NATO may hire local personnel who shall remain
subject to local laws and regulations. However, local personnel hired by
NATO shall:
(a) be immune from legal process in respect of words spoken or written
and all acts performed by them in their official capacity;
(b) be immune from national services and/or national military service
obligations;
(c) be exempt from taxation on the salaries and emoluments paid to them
by NATO.
17. NATO may in the conduct of the Operation, have need to make
improvements or modifications to certain infrastructure of the Republic
of Bosnia and Herzegovina such as roads, utility systems, bridges,
tunnels, buildings, etc. Any such improvements or modifications of a
non-temporary nature shall become part of and in the same ownership as
that infrastructure. Temporary improvements or modifications may be
removed at the discretion of the NATO Commander, and the facility
returned to as near its original condition as possible.
18. Failing any prior settlement, disputes with regard to the
interpretation or application of the present agreement shall be settled
between the Republic of Bosnia and Herzegovina and NATO Representatives
by diplomatic means.
19. The provisions of this agreement shall also apply to the civilian
and military personnel, property and assets of national elements/units
of NATO states, acting in connection to the Operation or the relief for
the civilian population which however remain under national command and
control.
20. Supplemental arrangements may be concluded to work out details for
the Operation also taking into account its further development.
21. The Government of the Republic of Bosnia and Herzegovina shall
accord non-NATO states and their personnel participating in the
Operation the same privileges and immunities as those accorded under
this agreement to NATO states and personnel.
22. The provisions of this agreement shall remain in force until
completion of the Operation or as the Parties otherwise agree.
23. This Agreement shall enter into force upon signature.
Done at Wright-Patterson Air Force Base, Ohio on November 21, 1995 and
at on , 1995.
For the Republic of Bosnia and Herzegovina:
For the North Atlantic Treaty Organisation:
(###)
Wright-Patterson Air Force Base, Ohio November 21, 1995
Excellency:
I refer to the Agreement on the Military Aspects of the Peace
Settlement, which the Federal Republic of Yugoslavia has endorsed, and
the Agreement Between the Republic of Bosnia and Herzegovina and the
North Atlantic Treaty Organisation (NATO) Concerning the Status of NATO
and its Personnel.
On behalf of the Federal Republic of Yugoslavia, I wish to assure you
that the Federal Republic of Yugoslavia shall take all necessary steps,
consistent with the sovereignty, territorial integrity and political
independence of Bosnia and Herzegovina, to ensure that the Republika
Srpska fully respects and complies with commitments to NATO, including
in particular access and status of forces, as set forth in the
aforementioned Agreements.
Sincerely,
Slobodan Milosevic
His Excellency
Sergio Silvio Balanzino
Acting Secretary General
North Atlantic Treaty Organisation
1110 BRUSSELS
Belgium
-------------------
Republic of Croatia
Ministry of Foreign Affairs
Minister
November 21, 1995
Excellency:
I refer to the Agreement on the Military Aspects of the Peace
Settlement, which the Republic of Croatia has endorsed, and the
Agreement Between the Republic of Bosnia and Herzegovina and the North
Atlantic Treaty Organisation (NATO) Concerning the Status of NATO and
its Personnel.
On behalf of the Republic of Croatia, I wish to assure you that Republic
of Croatia shall take all necessary steps, consistent with the
sovereignty, territorial integrity and political independence of Bosnia
and Herzegovina, to ensure that personnel or organisations in Bosnia and
Herzegovina which are under its control or with which it has influence
fully respect and comply with the commitments to NATO, including in
particular access and status of forces, as set forth in the
aforementioned Agreements.
Sincerely,
Dr. Mate Granic
His Excellency
Sergio Silvio Balanzino
Acting Secretary General
North Atlantic Treaty Organisation
1110 BRUSSELS
Belgium
------------------------
Wright-Patterson Air Force Base, Ohio November 21, 1995
Excellency:
I refer to the Agreement on the Military Aspects of the Peace
Settlement, which the Federation of Bosnia and Herzegovina has signed as
a Party, and the Agreement Between the Republic of Bosnia and
Herzegovina and the North Atlantic Treaty Organisation (NATO) Concerning
the Status of NATO and its Personnel.
On behalf of the Federation of Bosnia and Herzegovina, I wish to assure
you that the Federation of Bosnia and Herzegovina will adhere to and
fulfill its commitments regarding access and status of forces in
general, including in particular, its commitments to NATO.
Sincerely,
Jadranko Prlic
Deputy Prime Minister and Defense Minister
Federation of Bosnia and Herzegovina
His Excellency
Sergio Silvio Balanzino
Acting Secretary General
North Atlantic Treaty Organisation
11 10 BRUSSELS
Belgium
-----------------------
Wright-Patterson Air Force Base, Ohio November 21, 1995
Excellency:
I refer to the Agreement on the Military Aspects of the Peace
Settlement, which the Republika Srpska has signed as a Party, and the
Agreement Between the Republic of Bosnia and Herzegovina and the North
Atlantic Treaty Organisation (NATO) Concerning the Status of NATO and
its Personnel.
On behalf of the Republika Srpska, I wish to assure you that the
Republika Srpska will adhere to and fulfill its commitments regarding
access and status of forces in general, including in particular, its
commitments to NATO.
Sincerely,
Momcilo Krajisnik
President of the Republika Srpska
His Excellency
Sergio Silvio Balanzino
Acting Secretary General
North Atlantic Treaty Organisation
11 10 BRUSSELS
Belgium
-----------------------------
Agreement Between the Republic of Croatia and the North Atlantic Treaty
Organisation (NATO) Concerning the Status of NATO and its PersonnelThe
Republic of Croatia and the North Atlantic Treaty Organisation have
agreed as follows:
1. For the purposes of the present agreement, the following expressions
shall have the meanings hereunder assigned to them:
- "the Operation" means the support, implementation, preparation and
participation by
NATO and NATO personnel in a peace plan in Bosnia and Herzegovina or a
possible withdrawal of U.N. Forces from former Yugoslavia;
- "NATO personnel" means the civilian and military personnel of the
North Atlantic Treaty Organisation with the exception of personnel
locally hired;
- "NATO" means the North Atlantic Treaty Organisation, its subsidiary
bodies, its military Headquarters and all its constituent national
elements/units acting in support of, preparing and participating in the
Operation;
- "Facilities" means all premises and land required for conducting the
operational, training and administrative activities by NATO for the
Operation as well as for accommodations of NATO personnel.
2. The provisions of the Convention on the Privileges and Immunities of
the United Nations of 13 February 1946 concerning experts on mission
shall apply mutatis mutandis to NATO personnel involved in the
Operation, except as otherwise provided for in the present agreement.
Moreover NATO, its property and assets shall enjoy the privileges and
immunities specified in that Convention and as stated in the present
agreement.
3. All personnel enjoying privileges and immunities under this Agreement
shall respect the laws of the Republic of Croatia, insofar as it is
compatible with the entrusted tasks/mandate and shall refrain from
activities not compatible with the nature of the Operation.
4. The Government of Croatia recognizes the need for expeditious
departure and entry procedures for NATO personnel. They shall be exempt
from passport and visa regulations and the registration requirements
applicable to aliens. NATO personnel shall carry identification which
they may be requested to produce for Croatian authorities but
operations, training and movement shall not be allowed to be impeded or
delayed by such requests.
5. NATO military personnel shall normally wear uniforms, and NATO
personnel may possess and carry arms if authorized to do so by their
orders. Croatian authorities shall accept as valid, without tax or fee,
drivers' licenses and permits issued to NATO personnel by
theirrespective national authorities.
6. NATO shall be permitted to display the NATO flag and/or national
flags of its constituent national elements/units on any NATO uniform,
means of transport or facility.
7. NATO military personnel under all circumstances and at all times
shall be subject to the exclusive jurisdiction of their respective
national elements in respect of any criminal or disciplinary offenses
which may be committed by them in the Republic of Croatia. NATO and
Croatian authorities shall assist each other in the exercise of their
respective jurisdictions.
8. As experts on mission, NATO personnel shall be immune from personal
arrest or detention. NATO personnel mistakenly arrested or detained
shall immediately be turned over to NATO authorities.
9. NATO personnel shall enjoy, together with their vehicles, vessels,
aircraft and equipment, free and unrestricted passage and unimpeded
access throughout Croatia including Croatian airspace and territorial
waters. This shall include, but not be limited to, the right of bivouac,
maneuver, billet, and utilization of any areas or facilities as required
for support, training, and operations. NATO shall be exempt from
providing inventories or other routine customs documentation on
personnel, vehicles, vessels, aircraft, equipment, supplies, and
provisions entering, exiting, or transiting Croatian territory in
support of the Operation. The Croatian authorities shall facilitate with
all appropriate means all movements of personnel, vehicles, vessels,
aircraft or supplies, through ports, airports or roads used. Vehicles,
vessels and aircraft used in support of the Operation shall not be
subject to licensing or registrationrequirements, nor commercial
insurance. NATO will use airports, roads and ports without payment of
duties, dues, tolls or charges. However, NATO shall not claim exemption
from reasonable charges for services requested and received, but
operations/movement and accessshall not be allowed to be impeded pending
payment for such services.
10. NATO personnel shall be exempt from taxation by the Republic of
Croatia on the salaries and emoluments received from NATO and on any
income received from outside the Republic of Croatia
11. NATO personnel and their tangible movable property imported into or
acquired in Croatia shall also be exempt from all identifiable taxes by
the Republic of Croatia, except municipal rates for services enjoyed,
and from all registration fees and related charges.
12. NATO shall be allowed to import and export free of duty or other
restriction equipment, provisions, and supplies, necessary for the
Operation, provided such goods are for the official useof NATO or for
sale via commissaries or canteens provided for NATO personnel. Goods
sold shall be solely for the use of NATO personnel and not transferable
to other parties.
13. NATO shall be allowed to operate its own internal mail and
telecommunications services, including broadcast services.
Telecommunications channels and other communications needswhich may
interfere with Croatian telecommunication services shall be coordinated
with appropriate Croatian authorities free of cost. It is recognized by
the Government of Croatia that the use of communications channels shall
be necessary for the Operation.
14. The Government of Croatia shall provide, free of cost, such
facilities NATO needs for the preparation for and execution of the
Operation. The Government of Croatia shall assist NATO in obtaining, at
the lowest rate, the necessary utilities such as electricity, water and
other resourcesnecessary for the Operation.
15. Claims for damage or injury to Croatian Government personnel or
property, or to private personnel or property shall be submitted through
Croatian governmental authorities to the designated NATO
Representatives.
16. NATO shall be allowed to contract direct with suppliers for services
and supplies in the Republic of Croatia without payment of tax or
duties. Such services and supplies shall not be subject to sales or
other taxes. NATO may hire local personnel who shall remain subject to
locallaws and regulations. However, local personnel hired by NATO shall:
(a) be immune from legal process in respect of words spoken or written
and all acts performed by them in their official capacity;
(b) be immune from national services and/or national military service
obligations;
(c) be exempt from taxation on the salaries and emoluments paid to them
by NATO.
17. NATO may in the conduct of the Operation, have need to make
improvements or modifications to certain Croatian infrastructure such as
roads, utility systems, bridges, tunnels, buildings, etc. Any such
improvements or modifications of a non-temporary nature shall becomepart
of and in the same ownership as that infrastructure. Temporary
improvements or modifications may be removed at the discretion of the
NATO Commander, and the facility returned to as near its original
condition as possible.
18. Failing any prior settlement, disputes with regard to the
interpretation or application of the present agreement shall be settled
between Croatia and NATO Representatives by diplomatic means.
19. The provisions of this agreement shall also apply to the civilian
and military personnel, property and assets of national elements/units
of NATO states, acting in connection to the Operation or the relief for
the civilian population which however remain under national command and
control.
20. Supplemental arrangements may be concluded to work out details for
the Operation also taking into account its further development.
21. The Government of Croatia shall accord non-NATO states and their
personnel participating in the Operation the same privileges and
immunities as those accorded under this agreement to NATO states and
personnel.
22. The provisions of this agreement shall remain in force until
completion of the Operation or as the Parties otherwise agree.
23. This Agreement shall enter into force upon signature.
Done at Wright-Patterson Air Force Base, Ohio on November 21, 1995 and
at on , 1995.
For the Republic of Croatia:
For the North Atlantic Treaty Organisation:
------------------------
Considering that the North Atlantic Treaty Organization is conducting
contingency planning in coordination with the United Nations to support
the implementation of a peace plan in Bosnia and Herzegovina or a
possible withdrawal of U.N. Forces from former Yugoslavia, and may be
requested by the United Nations to execute either such operation;
Considering the necessity to establish adequate transit arrangements for
the execution/implementation of this Operation;
It is agreed that:
1. For the purposes of the present agreement, the following expressions
shall have the meanings hereunder assigned to them:
- "the Operation" means the support, implementation, preparation and
participation by NATO and NATO personnel in a peace plan in Bosnia and
Herzegovina or a possible withdrawal of U.N. Forces from former
Yugoslavia;
- "NATO personnel" means the civilian and military personnel of the
North Atlantic Treaty Organization with the exception of personnel
locally hired;
- "NATO" means the North Atlantic Treaty Organization, its subsidiary
bodies, its military Headquarters and all its constituent national
elements/units acting in support of, preparing and participating in the
Operation.
2. The Government of the Federal Republic of Yugoslavia shall allow the
free transit over land, rail, road, water or through air of all
personnel and cargo, equipment, goods and material of whatever kind,
including ammunition required by NATO for the execution of the
Operation,through the territory of the Federal Republic of Yugoslavia
including Federal Republic of Yugoslavia airspace and territorial
waters.
3. The Government of the Federal Republic of Yugoslavia shall provide or
assist to provide, at the lowest cost, such facilities or services as
determined by NATO as are necessary for the transit.
4. NATO shall be exempt from providing inventories or other routine
customs documentation on personnel, equipment, supplies, and provisions
entering, exiting, or transiting the Federal Republic of Yugoslavia
territory in support of the Operation. The Federal Republic of
Yugoslavia authorities shall facilitate with all appropriate means all
movements of personnel, vehicles and/or supplies, through ports,
airports or roads used. Vehicles, vessels and aircraft in transit shall
not be subject to licensing or registration requirements, nor
commercial insurance. NATO shall be permitted to use airports, roads and
ports without payment of duties, dues, tolls or charges. NATO shall not
claim exemption for reasonable charges for services requested and
received, but transit shall not be allowed to be impeded pending
negotiations on payment for such services. The modes of transport will
be communicated by NATO to the Government of the Federal Republic of
Yugoslavia in advance. The routes to be followed will be commonly agreed
upon.
5. The provision of the Convention on the Privileges and Immunities of
the United Nations of 13 February 1946 concerning experts on mission
shall apply mutatis mutandis to NATO personnel involved in the transit,
except NATO, its property and assets shall enjoy the privileges and
immunities specified in that Convention and as stated in the present
agreement.
6. All personnel enjoying privileges and immunities under this Agreement
shall respect the laws of the Federal Republic of Yugoslavia, insofar as
respect for said laws is compatible with the entrusted tasks/mandate and
shall refrain from activities not compatible with the nature of
theOperation.
7. The Government of the Federal Republic of Yugoslavia recognizes the
need for expeditious departure and entry procedures for NATO personnel.
They shall be exempt from passport and visa regulations and the
registration requirements applicable to aliens. NATO personnel shall
carry identification which they may be requested to produce for Federal
Republic of Yugoslavia authorities, but transit shall not be allowed to
be impeded or delayed by such requests.
8. NATO military personnel shall normally wear uniforms, and NATO
personnel may possess and carry arms if authorized to do so by their
orders. The Federal Republic of Yugoslavia authorities shall accept as
valid, without tax or fee, drivers' licenses and permits issued to NATO
personnel by their respective national authorities.
9. NATO shall be permitted to display the NATO flag and/or national
flags of its constituent national elements/units on any NATO uniform,
means of transport or facility.
10. NATO military personnel under all circumstances and at all times
shall be subject to the exclusive jurisdiction of their respective
national elements in respect of any criminal or disciplinary offenses
which may be committed by them in the Federal Republic of Yugoslavia.
NATO and the Federal Republic of Yugoslavia authorities shall assist
each other in the exercise of their respective jurisdictions.
11. As experts on mission, NATO personnel shall be immune from personal
arrest or detention. NATO personnel mistakenly arrested or detained
shall immediately be turned over to NATO authorities.
12. NATO personnel and their tangible movable property in transit
through the Federal Republic of Yugoslavia shall also be exempt from all
identifiable taxes by the Government of the Federal Republic of
Yugoslavia.
13. NATO shall be allowed to operate its own telecommunications
services. This shall include the right to utilize such means and
services as required to assure full ability to communicate, and the
right to use all of the electro-magnetic spectrum for this purpose, free
of cost. In implementing this right, NATO shall make every reasonable
effort to coordinate with and take into account the needs and
requirements of appropriate Federal Republic of Yugoslavia authorities.
14. Claims for damage or injury to Federal Republic of Yugoslavia
Government personnel or property, or to private persons or property
shall be submitted through the Federal Republic of Yugoslavia
governmental authorities to the designated NATO Representatives.
15. Failing any prior settlement, disputes with regard to the
interpretation or application of the present agreement shall be settled
between the Federal Republic of Yugoslavia and NATO Representatives by
diplomatic means.
16. The provisions of this agreement shall also apply to the civilian
and military personnel, property and assets of national elements/units
of NATO states, acting in connection to the Operation of the relief for
the civilian population which however remain under national command and
control.
17. Supplemental arrangements may be concluded to work out details for
the transit also taking into account its further development.
18. The Government of the Federal Republic of Yugoslavia shall accord
for the transit of non-NATO states and their personnel participating in
the Operation the same privileges and immunities as those accorded under
this agreement to NATO states and personnel.
19. The provisions of this agreement shall remain in force until
completion of the Operation or as the Parties otherwise agree.
20. This Agreement shall enter into force upon signature.
Done at Wright-Patterson Air Force Base, Ohio on November 21, 1995 and
at on , 1995.
For the Federal Republic of Yugoslavia:
For the North Atlantic Treaty Organisation:
[The State Department does not guarantee the authenticity of electronic
documents. If you require the original version of a document in hard
copy, please contact the Office of Public Communication, Bureau of
Public Affairs, Room 6805, U.S. Department of State, Washington, DC
20520. Telephone: 202 647-5760. State Department information is not
copyrighted unless indicated and may be reproduced without consent.
Citation of source is appreciated. Permission to reproduce any
copyrighted material (including graphics and photos) must be obtained
from the original source."]
(###)
..
The Dayton Peace Agreement
Text of Dayton Peace Agreement Documents Initialed in Dayton, Ohio on
November 21, 1995
The Republic of Bosnia and Herzegovina, the Republic of Croatia, the
Federal Republic of Yugoslavia, the Federation of Bosnia and
Herzegovina, and the Republika Srpska (hereinafter the "Parties") have
agreed as follows:
The Parties agree that establishment of progressive measures for
regional stability and arms control is essential to creating a stable
peace in the region. To this end, they agree on the importance of
devising new forms of cooperation in the field of security aimed at
building transparency and confidence and achieving balanced and stable
defense force levels at the lowest numbers consistent with the Parties'
respective security and the need to avoid an arms race in the region.
They have approved the following elements for a regional structure for
stability.
Within seven days after this Agreement (hereinafter "Annex") enters into
force, the Republic of Bosnia and Herzegovina, the Federation of Bosnia
and Herzegovina, and the Republika Srpska shall at an appropriately high
political level commence negotiations under the auspices of the
Organization for Security and Cooperation in Europe (hereinafter "OSCE")
to agree upon a series of measures to enhance mutual confidence and
reduce the risk of conflict, drawing fully upon the 1994 Vienna Document
of the Negotiations on Confidence- and Security-Building Measures of the
OSCE. The objective of these negotiations is to agree upon an initial
set of measures within forty-five (45) days after this Annex enters into
force including, but not necessarily limited to, the following:
(a) restrictions on military deployments and exercises in certain
geographical areas;
(b) restraints on the reintroduction of foreign Forces in light of
Article III of Annex 1-A to the General Framework Agreement;
(c) restrictions on locations of heavy weapons;
(d) withdrawal of Forces and heavy weapons to cantonment/barracks areas
or other designated locations as provided in Article IV of Annex 1-A;
(e) notification of disbandment of special operations and armed civilian
groups;
(f) notification of certain planned military activities, including
international military assistance and training programs;
(g) identification of and monitoring of weapons manufacturing
capabilities;
(h) immediate exchange of data on the holdings of the five Treaty on
Conventional Armed Forces in Europe (hereinafter "CFE") weapons
categories as defined in the CFE Treaty, with the additional
understanding that artillery pieces will be defined as those of 75mm
calibre and above; and
(i) immediate establishment of military liaison missions between the
Chiefs of the Armed Forces of the Federation of Bosnia and Herzegovina
and the Republika Srpska;
Article III
Regional Confidence- and Security-Building Measures
To supplement the measures in Article II above on a wider basis, the
Parties agree to initiate steps toward a regional agreement on
confidence- and security-building measures. The Parties agree:
(a) not to import any arms for ninety (90) days after this Annex enters
into force;
(b) not to import for 180 days after this Annex enters into force or
until the arms control agreement referred to in Article IV below takes
effect, whichever is the earlier, heavy weapons or heavy weapons
ammunition, mines, military aircraft, and helicopters. Heavy weapons
refers to all tanks and armored vehicles, all artillery 75 mm and above,
all mortars 81 mm and above, and all anti-aircraft weapons 20 mm and
above.
1. Recognizing the importance of achieving balanced and stable defense
force levels at the lowest numbers consistent with their respective
security, and understanding that the establishment of a stable military
balance based on the lowest level of armaments will be an essential
element in preventing the recurrence of conflict, the Parties within
thirty (30) days after this Annex enters into force shall commence
negotiations under the auspices of the OSCE to reach early agreement on
levels of armaments consistent with this goal. Within thirty (30) days
after this Annex enters into force, the Parties shall also commence
negotiations on an agreement establishing voluntary limits on military
manpower.
2. The Parties agree that the armaments agreement should be based at a
minimum on the following criteria: population size, current military
armament holdings, defense needs, and relative force levels in the
region.
(a) The agreement shall establish numerical limits on holdings of tanks,
artillery, armored combat vehicles, combat aircraft, and attack
helicopters, as defined in the relevant sections of the CFE Treaty, with
the additional understanding that artillery pieces will be defined as
those of 75 mm calibre and above.
(b) In order to establish a baseline, the Parties agree to report within
thirty (30) days after this Annex enters into force their holdings as
defined in sub-paragraph (a) above, according to the format prescribed
in the 1992 Vienna Document of the OSCE.
(c) This notification format shall be supplemented to take into account
the special considerations of the region.
3. The Parties agree to complete within 180 days after this Annex enters
into force the negotiations above on agreed numerical limits on the
categories referred to in paragraph 2(a) of this Article. If the Parties
fail to agree to such limits within 180 days after this Annex enters
into force, the following limits shall apply, according to a ratio of
5:2:2 based on the approximate ratio of populations of the Parties:
(a) the baseline shall be the determined holdings of the Federal
Republic of Yugoslavia (herein after the "baseline");
(b) the limits for the Federal Republic of Yugoslavia shall be seventy-
five (75) percent of the baseline;
(c) the limits for the Republic of Croatia shall be thirty (30) percent
of the baseline;
(d) the limits for Bosnia and Herzegovina shall be thirty (30) percent
of the baseline; and
(e) the allocations for Bosnia and Herzegovina will be divided between
the Entities on the basis of a ratio of two (2) for the Federation of
Bosnia and Herzegovina and one (1) for the Republika Srpska.
4. The OSCE will assist the Parties in their negotiations under Articles
II and IV of this Annex and in the implementation and verification
(including verification of holdings declarations) of resulting
agreements.
Article V
Regional Arms Control Agreement
The OSCE will assist the Parties by designating a special representative
to help organize and conduct negotiations under the auspices of the OSCE
Forum on Security Cooperation ("FSC") with thegoal of establishing a
regional balance in and around the former Yugoslavia. The Parties
undertake to cooperate fully with the OSCEto that end and to facilitate
regular inspections by other parties. Further, the Parties agree to
establish a commission together with representatives of the OSCE for the
purpose of facilitating the resolution of any disputes that might arise.
This Annex shall enter into force upon signature.
For the Republic of Bosnia and Herzegovina
____________________________________
For the Republic of Croatia
____________________________________
For the Federal Republic of Yugoslavia
____________________________________
For the Federation of Bosnia and Herzegovina
____________________________________
For the Republika Srpska
_____________________________________
[The State Department does not guarantee the authenticity of electronic
documents. If you require the original version of a document in hard
copy, please contact the Office of Public Communication, Bureau of
Public Affairs, Room 6805, U.S. Department of State, Washington, DC
20520. Telephone: 202 647-5760. State Department information is not
copyrighted unless indicated and may be reproduced without consent.
Citation of source is appreciated. Permission to reproduce any
copyrighted material (including graphics and photos) must be obtained
from the original source."]
(###)
..
The Dayton Peace Agreement
Text of Dayton Peace Agreement Documents Initialed in Dayton, Ohio on
November 21, 1995
The boundary between the Federation of Bosnia and Herzegovina and the
Republika Srpska (the "Inter-Entity Boundary Line") shall be as
delineated on the map at the Appendix.
The Parties may adjust the Inter-Entity Boundary Line only by mutual
consent. During the period in which the multinational military
Implementation Force ("IFOR") is deployed pursuant to Annex 1-A to the
General Framework Agreement, the Parties shall consult with the IFOR
Commander prior to making any agreed adjustment and shall provide
notification of such adjustment to the IFOR Commander.
1. Where the Inter-Entity Boundary Line follows a river, the line shall
follow natural changes (accretion or erosion) in the course of the river
unless otherwise agreed. Artificial changes in the course of the river
shall not affect the location of the Inter-Entity Boundary Line unless
otherwise agreed. No artificial changes may be made except by agreement
among the Parties.
2. In the event of sudden natural changes in the course of the river
(avulsion or cutting of new bed), the line shall be determined by mutual
agreement of the Parties. If such event occurs during the period in
which the IFOR is deployed, any such determination shall be subject to
the approval of the IFOR Commander.
1. The line on the 1:50,000 scale map to be provided for the Appendix
delineating the Inter-Entity Boundary Line, and the lines on the
1:50,000 scale map to be provided for Appendix A to Annex 1-A
delineating the Inter-Entity Zone of Separation and the Agreed Cease-
Fire Line and its Zone of Separation, which are accepted by the Parties
as controlling and definitive, are accurate to within approximately 50
meters. During the period in which the IFOR is deployed, the IFOR
Commander shall have the right to determine, after consultation with the
Parties, the exact delineation of such Lines and Zones, provided that
with respect to Sarajevo the IFOR Commander shall have the right to
adjust the Zone of Separation as necessary.
2. The Lines and Zones described above may be marked by representatives
of the Parties in coordination with and under the supervision of the
IFOR. Final authority for placement of such markers shall rest with the
IFOR. These Lines and Zones are defined by the maps and documents
agreed to by the Parties and not by the physical location of markers.
3. Following entry into force of this Agreement, the Parties shall form
a joint commission, comprised of an equal number of representatives from
each Party, to prepare an agreed technical document containing a precise
description of the Inter-Entity Boundary Line. Any such document
prepared during the period in which the IFOR is deployed shall be
subject to the approval of the IFOR Commander.
1. The Parties agree to binding arbitration of the disputed portion of
the Inter-Entity Boundary Line in the Brcko area indicated on the map
attached at the Appendix.
2. No later than six months after the entry into force of this
Agreement, the Federation shall appoint one arbitrator, and the
Republika Srpska shall appoint one arbitrator. A third arbitrator shall
be selected by agreement of the Parties' appointees within thirty days
thereafter. If they do not agree, the third arbitrator shall be
appointed by the President of the International Court of Justice. The
third arbitrator shall serve as presiding officer of the arbitral
tribunal.
3. Unless otherwise agreed by the Parties, the proceedings shall be
conducted in accordance with the UNCITRAL rules. The arbitrators shall
apply relevant legal and equitable principles.
4. Unless otherwise agreed, the area indicated in paragraph 1 above
shall continue to be administered as currently.
5. The arbitrators shall issue their decision no later than one year
from the entry into force of this Agreement. The decision shall be
final and binding, and the Parties shall implement it without delay.
In those areas transferring from one Entity to the other in accordance
with the demarcation described herein, there shall be a transitional
period to provide for the orderly transfer of authority. The transition
shall be completed forty-five (45) days after the Transfer of Authority
from the UNPROFOR Commander to the IFOR Commander, as described in Annex
1-A.
The Appendix shall constitute an integral part of this Agreement.
This Agreement shall enter into force upon signature.
For the Republic of Bosnia and Herzegovina
_________________________________________
For the Federation of Bosnia and Herzegovina
_________________________________________
For the Republika Srpska
_________________________________________
Endorsed:
For the Republic of Croatia
_________________________________________
Endorsed:
For the Federal Republic of Yugoslavia
_________________________________________
The Appendix to Annex 2 consists of this document together with (a) a
1:600,000 scale UNPROFOR road map consisting of one map sheet, attached
hereto; and (b) a 1:50,000 scale Topographic Line Map, to be provided as
described below.
On the basis of the attached 1:600,000 scale map, the Parties request
that the United States Department of Defense provide a 1:50,000 scale
Topographic Line Map, consisting of as many map sheets as necessary, in
order to provide a more precise delineation of the Inter-Entity Boundary
Line. Such map shall be incorporated as an integral part of this
Appendix, and the Parties agree to accept such map as controlling and
definitive for all purposes.
For the Republic of Bosnia and Herzegovina
_________________________________________
For the Federation of Bosnia and Herzegovina
_________________________________________
For the Republika Srpska
_________________________________________
Endorsed:
For the Republic of Croatia
_________________________________________
Endorsed:
For the Federal Republic of Yugoslavia
_________________________________________
[The State Department does not guarantee the authenticity of electronic
documents. If you require the original version of a document in hard
copy, please contact the Office of Public Communication, Bureau of
Public Affairs, Room 6805, U.S. Department of State, Washington, DC
20520. Telephone: 202 647-5760. State Department information is not
copyrighted unless indicated and may be reproduced without consent.
Citation of source is appreciated. Permission to reproduce any
copyrighted material (including graphics and photos) must be obtained
from the original source."]
(###)
..
The Dayton Peace Agreement
Text of Dayton Peace Agreement Documents Initialed in Dayton, Ohio on
November 21, 1995
In order to promote free, fair, and democratic elections and to lay the
foundation for representative government and ensure the progressive
achievement of democratic goals throughout Bosnia and Herzegovina, in
accordance with relevant documents of the Organ ization for Security and
Cooperation in Europe (OSCE), the Republic of Bosnia and Herzegovina,
the Federation of Bosnia and Herzegovina and the Republika Srpska ("the
Parties") have agreed as follows:
1. The Parties shall ensure that conditions exist for the organization
of free and fair elections, in particular a politically neutral
environment; shall protect and enforce the right to vote in secret
without fear or intimidation; shall ensure freedom of expression and of
the press; shall allow and encourage freedom of association (including
of political parties); and shall ensure freedom of movement.
2. The Parties request the OSCE to certify whether elections can be
effective under current social conditions in both Entities and, if
necessary, to provide assistance to the Parties in creating these
conditions.
3. The Parties shall comply fully with paragraphs 7 and 8 of the OSCE
Copenhagen Document, which are attached to this Agreement.
1. OSCE. The Parties request the OSCE to adopt and put in place an
elections program for Bosnia and Herzegovina as set forth in this
Agreement.
2. Elections. The Parties request the OSCE to supervise, in a manner to
be determined by the OSCE and in cooperation with other international
organizations the OSCE deems necessary, the preparation and conduct of
elections for the House of Representatives of Bosnia and Herzegovina;
for the Presidency of Bosnia and Herzegovina; for the House of
Representatives of the Federation of Bosnia and Herzegovina; for the
National Assembly of the Republika Srpska; for the Presidency of the
Republika Srpska; and, if feasible, for cantonal legislatures and
municipal governing authorities.
3. The Commission. To this end, the Parties request the OSCE to
establish a Provisional Election Commission ("the Commission").
4. Timing. Elections shall take place on a date ("Election Day") six
months after entry into force of this Agreement or, if the OSCE
determines a delay necessary, no later than nine months after entry into
force.
1. Rules and Regulations. The Commission shall adopt electoral rules and
regulations regarding: the registration of political parties and
independent candidates; the eligibility of candidates and voters; the
role of domestic and international election observers; the ensuring of
an open and fair electoral campaign; and the establishment, publication,
and certification of definitive election results. The Parties shall
comply fully with the electoral rules and regulations, any internal laws
and regulations notwithstanding.
2. Mandate of the Commission. The responsibilities of the Commission, as
provided in the electoral rules and regulations, shall include:
(a) supervising all aspects of the electoral process to ensure that the
structures and institutional framework for free and fair elections are
in place;
(b) determining voter registration provisions;
(c) ensuring compliance with the electoral rules and regulations
established pursuant to this Agreement;
(d) ensuring that action is taken to remedy any violation of any
provision of this Agreement or of the electoral rules and regulations
established pursuant to this Agreement, including imposing penalties
against any person or body that violates such provisions; and
(e) accrediting observers, including personnel from international
organizations and foreign and domestic non-governmental organizations,
and ensuring that the Parties grant accreditedobservers unimpeded access
and movement.
3. Composition and Functioning of the Commission. The Commission shall
consist of the Head of the OSCE Mission, the High Representative or his
or her designee, representatives of the Parties, and such other persons
as the Head of the OSCE Mission, in consultation with the Parties, may
decide. The Head of the OSCE Mission shall act as Chairman of the
Commission. In the event of disputes within the Commission, the decision
of the Chairman shall be final.
4. Privileges and Immunities. The Chairman and Commission shall enjoy
the right to establish communications facilities and to engage local and
administrative staff, and the status, privileges and immunities accorded
to a diplomatic agent and mission under the Vienna Convention on
Diplomatic Relations.
1. Voters. Any citizen of Bosnia and Herzegovina aged 18 or older whose
name appears on the 1991 census for Bosnia and Herzegovina shall be
eligible, in accordance with electoral rules and regulations, to vote. A
citizen who no longer lives in the municipality in which he or she
resided in 1991 shall, as a general rule, be expected to vote, in person
or by absentee ballot, in that municipality, provided that the person is
determined to have been registered in that municipality as confirmed by
the local election commission and the Provisional Election Commission.
Such a citizen may, however, apply to the Commission to cast his or her
ballot elsewhere. The exercise of a refugee's right to vote shall be
interpreted as confirmation of his or her intention to return to Bosnia
and Herzegovina. By Election Day, the return of refugees should already
be underway, thus allowing many to participate in person in elections in
Bosnia and Herzegovina. The Commission may provide in the electoral
rules and regulations for citizens not listed in the 1991 census to
vote.
The Parties agree to create a permanent Election Commission with
responsibilities to conduct future elections in Bosnia and Herzegovina.
This Agreement shall enter into force upon signature.
For the Republic of Bosnia and Herzegovina
___________________________________
For the Federation of Bosnia and Herzegovina
_____________________________________
For the Republika Srpska
______________________________________
-------------------------------
Document of the Second Meeting of the Conference on the Human Dimension
of the Conference on Security and Cooperation in Europe, Copenhagen,
1990Paragraphs 7 and 8:
(7) To ensure that the will of the people serves as the basis of the
authority of govermnent, the participating States will
(7.1) - hold free elections at reasonable intervals, as established by
law;
(7.2) - permit all seats in at least one chamber of the national
legislature to be freely contested in a popular vote;
(7.3) - guarantee universal and equal suffrage to adult citizens;
(7.4) - ensure that votes are cast by secret ballot or by equivalent
free voting procedure, and that they are counted and reported honestly
with the official results made public;
(7.5) - respect the right of citizens to seek political or public
office, individually or as representatives of political parties or
organizations, without discrimination;
(7.6) - respect the right of individuals and groups to establish, in
full freedom, their own political parties or other political
organizations and provide such political parties and organizations with
the necessary legal guarantees to enable them to compete with each other
on a basis of equal treatment before the law and by the authorities;
(7.7) - ensure that law and public policy work to permit political
campaigning to be conducted in a fair and free atmosphere in which
neither administrative action, violence nor intimidation bars the
parties and the candidates from freely presenting their views and
qualifications, or prevents the voters from learning and discussing them
or from casting their vote free of fear of retribution;
(7.8) - provide that no legal or administrative obstacle stands in the
way of unimpeded access to the media on a non-discriminatory basis for
all political groupings and individuals wishing to participate in the
electoral process;
(7.9) - ensure that candidates who obtain the necessary number of votes
required by law are duly installed in office and are permitted to remain
in office until their term expires or is otherwise brought to an end in
a manner that is regulated by law in conformity with democratic
parliamentary and constitutional procedures.
(8) - The participating States consider that the presence of observers,
both foreign and domestic, can enhance the electoral process for States
in which elections are taking place. They therefore invite observers
from any other CSCE participating States and any appropriate private
institutions and organizations who may wish to do so to observe the
course of their national election proceedings, to the extent permitted
by law. They will also endeavour to facilitate similar access for
election proceedings held below the national level. Such observers will
undertake not to interfere in the electoral proceedings.
[The State Department does not guarantee the authenticity of electronic
documents. If you require the original version of a document in hard
copy, please contact the Office of Public Communication, Bureau of
Public Affairs, Room 6805, U.S. Department of State, Washington, DC
20520. Telephone: 202 647-5760. State Department information is not
copyrighted unless indicated and may be reproduced without consent.
Citation of source is appreciated. Permission to reproduce any
copyrighted material (including graphics and photos) must be obtained
from the original source."]
(###)
..
The Dayton Peace Agreement
Text of Dayton Peace Agreement Documents Initialed in Dayton, Ohio on
November 21, 1995
Based on respect for human dignity, liberty, and equality,
Dedicated to peace, justice, tolerance, and reconciliation,
Convinced that democratic governmental institutions and fair procedures
best produce peaceful relations within a pluralist society,
Desiring to promote the general welfare and economic growth through the
protection of private property and the promotion of a market economy,
Guided by the Purposes and Principles of the Charter of the United
Nations,
Committed to the sovereignty, territorial integrity, and political
independence of Bosnia and Herzegovina in accordance with international
law,
Determined to ensure full respect for international humanitarian law,
Inspired by the Universal Declaration of Human Rights, the International
Covenants on Civil and Political Rights and on Economic, Social and
Cultural Rights, and the Declaration on the Rights of Persons Belonging
to National or Ethnic, Religious and Linguistic Minorities, as well as
other human rights instruments,
Recalling the Basic Principles agreed in Geneva on September 8, 1995,
and in New York on September 26, 1995,
Bosniacs, Croats, and Serbs, as constituent peoples (along with Others),
and citizens of Bosnia and Herzegovina hereby determine that the
Constitution of Bosnia and Herzegovina is as follows:
1. Continuation. The Republic of Bosnia and Herzegovina, the official
name of which shall henceforth be "Bosnia and Herzegovina," shall
continue its legal existence under international law as a state, with
its internal structure modified as provided herein and with its present
internationally recognized borders. It shall remain a Member State of
the United Nations and may as Bosnia and Herzegovina maintain or apply
for membership in organizations within the United Nations system and
other international organizations.
2. Democratic Principles. Bosnia and Herzegovina shall be a democratic
state, which shall operate under the rule of law and with free and
democratic elections.
3. Composition. Bosnia and Herzegovina shall consist of the two
Entities, the Federation of Bosnia and Herzegovina and the Republika
Srpska (hereinafter "the Entities").
4. Movement of Goods. Services. Capital. and Persons. There shall be
freedom of movement throughout Bosnia and Herzegovina. Bosnia and
Herzegovina and the Entities shall not impede full freedom of movement
of persons, goods, services, and capital throughout Bosnia and
Herzegovina. Neither Entity shall establish controls at the boundary
between the Entities.
5. Capital. The capital of Bosnia and Herzegovina shall be Sarajevo.
6. Symbols. Bosnia and Herzegovina shall have such symbols as are
decided by its Parliamentary Assembly and approved by the Presidency.
7. Citizenship. There shall be a citizenship of Bosnia and Herzegovina,
to be regulated by the Parliamentary Assembly, and a citizenship of each
Entity, to be regulated by each Entity, provided that:
(a) All citizens of either Entity are thereby citizens of Bosnia and
Herzegovina.
(b) No person shall be deprived of Bosnia and Herzegovina or Entity
citizenship arbitrarily or so as to leave him or her stateless. No
person shall be deprived of Bosnia and Herzegovina or Entity citizenship
on any ground such as sex, race, color, language, religion, political or
other opinion, national or social origin, association with a national
minority, property, birth or other status.
(c) All persons who were citizens of the Republic of Bosnia and
Herzegovina immediately prior to the entry into force of this
Constitution are citizens of Bosnia and Herzegovina. The citizenship of
persons who were naturalized after April 6, 1992 and before the entry
into force of this Constitution will be regulated by the Parliamentary
Assembly.
(d) Citizens of Bosnia and Herzegovina may hold the citizenship of
another state, provided that there is a bilateral agreement, approved by
the Parliamentary Assembly in accordance with Article IV(4)(d), between
Bosnia and Herzegovina and that state governing this matter. Persons
with dual citizenship may vote in Bosnia and Herzegovina and the
Entities only if Bosnia and Herzegovina is their country of residence.
(e) A citizen of Bosnia and Herzegovina abroad shall enjoy the
protection of Bosnia and Herzegovina. Each Entity may issue passports of
Bosnia and Herzegovina to its citizens as regulated by the Parliamentary
Assembly. Bosnia and Herzegovina may issue passports to citizens not
issued a passport by an Entity. There shall be a central register of all
passports issued by the Entities and by Bosnia and Herzegovina.
1. Human Rights. Bosnia and Herzegovina and both Entities shall ensure
the highest level of internationally recognized human rights and
fundamental freedoms. To that end, there shall be a Human Rights
Commission for Bosnia and Herzegovina as provided for in Annex 6 to the
General Framework Agreement.
2. International Standards. The rights and freedoms set forth in the
European Convention for the Protection of Human Rights and Fundamental
Freedoms and its Protocols shall apply directly in Bosnia and
Herzegovina. These shall have priority over all other law.
3. Enumeration of Rights. All persons within the territory of Bosnia and
Herzegovina shall enjoy the human rights and fundamental freedoms
referred to in paragraph 2 above; these include:
(a) The right to life.
(b) The right not to be subjected to torture or to inhuman or degrading
treatment or punishment.
(c) The right not to be held in slavery or servitude or to perform
forced or compulsory labor.
(d) The rights to liberty and security of person.
(e) The right to a fair hearing in civil and criminal matters, and other
rights relating to criminal proceedings.
(f) The right to private and family life, home, and correspondence.
(g) Freedom of thought, conscience, and religion.
(h) Freedom of expression.
(i) Freedom of peaceful assembly and freedom of association with others.
(j) The right to marry and to found a family.
(k) The right to property.
(l) The right to education.
(m) The right to liberty of movement and residence.
4. Non-Discrimination. The enjoyment of the rights and freedoms provided
for in this Article or in the international agreements listed in Annex I
to this Constitution shall be secured to all persons in Bosnia and
Herzegovina without discrimination on any ground such as sex, race,
color, language, religion, political or other opinion, national or
social origin, association with a national minority, property, birth or
other status.
5. Refugees and Displaced Persons. All refugees and displaced persons
have the right freely to return to their homes of origin. They have the
right, in accordance with Annex 7 to the General Framework Agreement, 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. Any commitments or statements relating
to such property made under duress are null and void.
6. Implementation. Bosnia and Herzegovina, and all courts, agencies,
governmental organs, and instrumentalities operated by or within the
Entities, shall apply and conform to the human rights and fundamental
freedoms referred to in paragraph 2 above.
7. International Agreements. Bosnia and Herzegovina shall remain or
become party to the international agreements listed in Annex I to this
Constitution.
8. Cooperation. All competent authorities in Bosnia and Herzegovina
shall cooperate with and provide unrestricted access to: any
international human rights monitoring mechanisms established for Bosnia
and Herzegovina; the supervisory bodies established by any of the
international agreements listed in Annex I to this Constitution; the
International Tribunal for the Former Yugoslavia (and in particular
shall comply with orders issued pursuant to Article 29 of the Statute of
the Tribunal); and any other organization authorized by the United
Nations Security Council with a mandate concerning human rights or
humanitarian law.
1. Responsibilities of the Institutions of Bosnia and Herzegovina. The
following matters are the responsibility of the institutions of Bosnia
and Herzegovina:
(a) Foreign policy.
(b) Foreign trade policy.
(c) Customs policy.
(d) Monetary policy as provided in Article VII.
(e) Finances of the institutions and for the international obligations
of Bosnia and Herzegovina.
(f) Immigration, refugee, and asylum policy and regulation.
(g) International and inter-Entity criminal law enforcement, including
relations with Interpol.
(h) Establi