..
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
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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) Establishment and operation of common and international
communications facilities.
(i) Regulation of inter-Entity transportation.
(j) Air traffic control.
2. Responsibilities of the Entities.
(a) The Entities shall have the right to establish special parallel
relationships with neighboring states consistent with the sovereignty
and territorial integrity of Bosnia and Herzegovina.
(b) Each Entity shall provide all necessary assistance to the government
of Bosnia and Herzegovina in order to enable it to honor the
international obligations of Bosnia and Herzegovina, provided that
financial obligations incurred by one Entity without the consent of the
other prior to the election of the Parliamentary Assembly and Presidency
of Bosnia and Herzegovina shall be the responsibility of that Entity,
except insofar as the obligation is necessary for continuing the
membership of Bosnia and Herzegovina in an international organization.
(c) The Entities 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 the internationally recognized
human rights and fundamental freedoms referred to in Article II above,
and by taking such other measures as appropriate.
(d) Each Entity may also enter into agreements with states and
international organizations with the consent of the Parliamentary
Assembly. The Parliamentary Assembly may provide by law that certain
types of agreements do not require such consent.
3. Law and Responsibilities of the Entities and the Institutions.
(a) All governmental functions and powers not expressly assigned in this
Constitution to the institutions of Bosnia and Herzegovina shall be
those of the Entities.
(b) The Entities and any subdivisions thereof shall comply fully with
this Constitution, which supersedes inconsistent provisions of the law
of Bosnia and Herzegovina and of the constitutions and law of the
Entities, and with the decisions of the institutions of Bosnia and
Herzegovina. The general principles of international law shall be an
integral part of the law of Bosnia and Herzegovina and the Entities.
4. Coordination. The Presidency may decide to facilitate inter-Entity
coordination on matters not within the responsibilities of Bosnia and
Herzegovina as provided in this Constitution, unless an Entity objects
in any particular case.
5. Additional Responsibilities.
(a) Bosnia and Herzegovina shall assume responsibility for such other
matters as are agreed by the Entities; are provided for in Annexes 5
through 8 to the General Framework Agreement; or are necessary to
preserve the sovereignty, territorial integrity, political independence,
and international personality of Bosnia and Herzegovina, in accordance
with the division of responsibilities between the institutions of Bosnia
and Herzegovina. Additional institutions may be established as necessary
to carry out such responsibilities.
(b) Within six months of the entry into force of this Constitution, the
Entities shall begin negotiations with a view to including in the
responsibilities of the institutions of Bosnia and Herzegovina other
matters, including utilization of energy resources and cooperative
economic projects.
The Parliamentary Assembly shall have two chambers: the House of Peoples
and the House of Representatives.
1. House of Peoples. The House of Peoples shall comprise 15 Delegates,
two-thirds from the Federation (including five Croats and five Bosniacs)
and one-third from the Republika Srpska (five Serbs).
(a) The designated Croat and Bosniac Delegates from the Federation shall
be selected, respectively, by the Croat and Bosniac Delegates to the
House of Peoples of the Federation. Delegates from the Republika Srpska
shall be selected by the National Assembly of the Republika Srpska.
(b) Nine members of the House of Peoples shall comprise a quorum,
provided that at least three Bosniac, three Croat, and three Serb
Delegates are present.
2. House of Representatives. The House of Representatives shall comprise
42 Members, two-thirds elected from the territory of the Federation,
one-third from the territory of the Republika Srpska.
(a) Members of the House of Representatives shall be directly elected
from their Entity in accordance with an election law to be adopted by
the Parliamentary Assembly. The first election, however, shall take
place in accordance with Annex 3 to the General Framework Agreement.
(b) A majority of all members elected to the House of Representatives
shall comprise a quorum.
3. Procedures.
(a) Each chamber shall be convened in Sarajevo not more than 30 days
after its selection or election.
(b) Each chamber shall by majority vote adopt its internal rules and
select from its members one Serb, one Bosniac, and one Croat to serve as
its Chair and Deputy Chairs, with the position of Chair rotating among
the three persons selected.
(c) All legislation shall require the approval of both chambers.
(d) All decisions in both chambers shall be by majority of those present
and voting. The Delegates and Members shall make their best efforts to
see that the majority includes at least one-third of the votes of
Delegates or Members from the territory of each Entity. If a majority
vote does not include one-third of the votes of Delegates or Members
from the territory of each Entity, the Chair and Deputy Chairs shall
meet as a commission and attempt to obtain approval within three days of
the vote. If those efforts fail, decisions shall be taken by a majority
of those present and voting, provided that the dissenting votes do not
include two-thirds or more of the Delegates or Members elected from
either Entity.
(e) A proposed decision of the Parliamentary Assembly may be declared to
be destructive of a vital interest of the Bosniac, Croat, or Serb people
by a majority of, as appropriate, the Bosniac, Croat, or Serb Delegates
selected in accordance with paragraph l(a) above. Such a proposed
decision shall require for approval in the House of Peoples a majority
of the Bosniac, of the Croat, and of the Serb Delegates present and
voting.
(f) When a majority of the Bosniac, of the Croat, or of the Serb
Delegates objects to the invocation of paragraph (e), the Chair of the
House of Peoples shall immediately convene a Joint Commission comprising
three Delegates, one each selected by the Bosniac, by the Croat, and by
the Serb Delegates, to resolve the issue. If the Commission fails to do
so within five days, the matter will be referred to the Constitutional
Court, which shall in an expedited process review it for procedural
regularity.
(g) The House of Peoples may be dissolved by the Presidency or by the
House itself, provided that the House's decision to dissolve is approved
by a majority that includes themajority of Delegates from at least two
of the Bosniac, Croat, or Serb peoples. The House of Peoples elected in
the first elections after the entry into force of this Constitution may
not, however, be dissolved.
(h) Decisions of the Parliamentary Assembly shall not take effect before
publication.
(i) Both chambers shall publish a complete record of their deliberations
and shall, save in exceptional circumstances in accordance with their
rules, deliberate publicly.
(j) Delegates and Members shall not be held criminally or civilly liable
for any acts carried out within the scope of their duties in the
Parliamentary Assembly.
4. Powers. The Parliamentary Assembly shall have responsibility for:
(a) Enacting legislation as necessary to implement decisions of the
Presidency or to carry out the responsibilities of the Assembly under
this Constitution.
(b) Deciding upon the sources and amounts of revenues for the operations
of the institutions of Bosnia and Herzegovina and international
obligations of Bosnia and Herzegovina.
(c) Approving a budget for the institutions of Bosnia and Herzegovina.
(d) Deciding whether to consent to the ratification of treaties.
(e) Such other matters as are necessary to carry out its duties or as
are assigned to it by mutual agreement of the Entities.
The Presidency of Bosnia and Herzegovina shall consist of three Members:
one Bosniac and one Croat, each directly elected from the territory of
the Federation, and one Serb directly elected from the territory of the
Republika Srpska.
1. Election and Term.
(a) Members of the Presidency shall be directly elected in each Entity
(with each voter voting to fill one seat on the Presidency) in
accordance with an election law adopted by the Parliamentary Assembly.
The first election, however,shall take place in accordance with Annex 3
to the General Framework Agreement. Any vacancy in the Presidency shall
be filled from the relevant Entity in accordance with a law to be
adopted by the Parliamentary Assembly.
(b) The term of the Members of the Presidency elected in the first
election shall be two years; the term of Members subsequently elected
shall be four years. Members shall be eligible to succeed themselves
once and shall thereafter be ineligible for four years.
2. Procedures.
(a) The Presidency shall determine its own rules of procedure, which
shall provide for adequate notice of all meetings of the Presidency.
(b) The Members of the Presidency shall appoint from their Members a
Chair. For the first term of the Presidency, the Chair shall be the
Member who received the highest number of votes. Thereafter, the method
of selecting the Chair, by rotation or otherwise, shall be determined by
the Parliamentary Assembly, subject to Article IV(3).
(c) The Presidency shall endeavor to adopt all Presidency Decisions
(i.e., those concerning matters arising under Article III(l)(a) - (e))
by consensus. Such decisions may, subject to paragraph (d) below,
nevertheless be adopted by two Members when all efforts to reach
consensus have failed.
(d) A dissenting Member of the Presidency may declare a Presidency
Decision to be destructive of a vital interest of the Entity from the
territory from which he was elected, provided that he does so within
three days of its adoption. Such a Decision shall be referred
immediately to the National Assembly of the Republika Srpska, if the
declaration was made by the Member from that territory; to the Bosniac
Delegates of the House of Peoples of the Federation, if the declaration
was made by the Bosniac Member; or to the Croat Delegates of that body,
if the declaration was made by the Croat Member. If the declaration is
confirmed by a two-thirds vote of those persons within ten days of the
referral, the challenged Presidency Decision shall not take effect.
3. Powers. The Presidency shall have responsibility for:
(a) Conducting the foreign policy of Bosnia and Herzegovina.
(b) Appointing ambassadors and other international representatives of
Bosnia and Herzegovina, no more than two-thirds of whom may be selected
from the territory of the Federation.
(c) Representing Bosnia and Herzegovina in international and European
organizations and institutions and seeking membership in such
organizations and institutions of which Bosnia and Herzegovina is not a
member.
(d) Negotiating, denouncing, and, with the consent of the Parliamentary
Assembly, ratifying treaties of Bosnia and Herzegovina.
(e) Executing decisions of the Parliamentary Assembly.
(f) Proposing, upon the recommendation of the Council of Ministers, an
annual budget to the Parliamentary Assembly.
(g) Reporting as requested, but not less than annually, to the
Parliamentary Assembly on expenditures by the Presidency.
(h) Coordinating as necessary with international and nongovernmental
organizations in Bosnia and Herzegovina.
(i) Performing such other functions as may be necessary to carry out its
duties, as may be assigned to it by the Parliamentary Assembly, or as
may be agreed by the Entities.
4. Council of Ministers. The Presidency shall nominate the Chair of the
Council of Ministers, who shall take office upon the approval of the
House of Representatives. The Chair shall nominate a Foreign Minister, a
Minister for Foreign Trade, and other Ministers as may be appropriate,
who shall take office upon the approval of the House of Representatives.
(a) Together the Chair and the Ministers shall constitute the Council of
Ministers, with responsibility for carrying out the policies and
decisions of Bosnia and Herzegovina in the fields referred to in Article
III(1), (4), and (5) and reporting to the Parliamentary Assembly
(including, at least annually, on expenditures by Bosnia and
Herzegovina).
(b) No more than two-thirds of all Ministers may be appointed from the
territory of the Federation. The Chair shall also nominate Deputy
Ministers (who shall not be of the same constituent people as their
Ministers), who shall take office upon the approval of the House of
Representatives.
(c) The Council of Ministers shall resign if at any time there is a vote
of no-confidence by the Parliamentary Assembly.
5. Standing Committee.
(a) Each member of the Presidency shall, by virtue of the office, have
civilian command authority over armed forces. 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) The members of the Presidency shall select a Standing Committee on
Military Matters to coordinate the activities of armed forces in Bosnia
and Herzegovina. The Members of the Presidency shall be members of the
Standing Committee.
1. Composition. The Constitutional Court of Bosnia and Herzegovina shall
have nine members.
(a) Four members shall be selected by the House of Representatives of
the Federation, and two members by the Assembly of the Republika Srpska.
The remaining three members shall be selected by the President of the
European Court of Human Rights after consultation with the Presidency.
(b) Judges shall be distinguished jurists of high moral standing. Any
eligible voter so qualified may serve as a judge of the Constitutional
Court. The judges selected by the President of the European Court of
Human Rights shall not be citizens of Bosnia and Herzegovina or of any
neighboring state.
(c) The term of judges initially appointed shall be five years, unless
they resign or are removed for cause by consensus of the other judges.
Judges initially appointed shall not be eligible for reappointment.
Judges subsequently appointed shall serve until age 70, unless they
resign or are removed for cause by consensus of the other judges.
(d) For appointments made more than five years after the initial
appointment of judges, the Parliamentary Assembly may provide by law for
a different method of selection of the three judges selected by the
President of the European Court of Human Rights.
2. Procedures.
(a) A majority of all members of the Court shall constitute a quorum.
(b) The Court shall adopt its own rules of court by a majority of all
members. It shall hold public proceedings and shall issue reasons for
its decisions, which shall be published.
3. Jurisdiction. The Constitutional Court shall uphold this
Constitution.
(a) The Constitutional Court shall have exclusive jurisdiction to decide
any dispute that arises under this Constitution between the Entities or
between Bosnia and Herzegovina and an Entity or Entities, or between
institutions of Bosnia and Herzegovina, including but not limited to:
-- Whether an Entity's decision to establish a special parallel
relationship with a neighboring state is consistent with this
Constitution, including provisions concerning the sovereignty and
territorial integrity of Bosnia and Herzegovina.
-- Whether any provision of an Entity's constitution or law is
consistent with this Constitution.
Disputes may be referred only by a member of the Presidency, by the
Chair of the Council of Ministers, by the Chair or a Deputy Chair of
either chamber of the Parliamentary Assembly, by one-fourth of the
members of either chamber of the Parliamentary Assembly, or by one-
fourth of either chamber of a legislature of an Entity.
(b) The Constitutional Court shall also have appellate jurisdiction over
issues under this Constitution arising out of a judgment of any other
court in Bosnia and Herzegovina.
(c) The Constitutional Court shall have jurisdiction over issues
referred by any court in Bosnia and Herzegovina concerning whether a
law, on whose validity its decision depends, is compatible with this
Constitution, with the European Convention for Human Rights and
Fundamental Freedoms and its Protocols, or with the laws of Bosnia and
Herzegovina; or concerning the existence of or the scope of a general
rule of public international law pertinent to the court's decision.
4. Decisions. Decisions of the Constitutional Court shall be final and
binding.
There shall be a Central Bank of Bosnia and Herzegovina, which shall be
the sole authority for issuing currency and for monetary policy
throughout Bosnia and Herzegovina.
1. The Central Bank's responsibilities will be determined by the
Parliamentary Assembly. For the first six years after the entry into
force of this Constitution, however, it may not extend credit by
creating money, operating in this respect as a currency board;
thereafter, the Parliamentary Assembly may give it that authority.
2. The first Governing Board of the Central Bank shall consist of a
Governor appointed by the International Monetary Fund, after
consultation with the Presidency, and three members appointed by the
Presidency, two from the Federation (one Bosniac, one Croat, who shall
share one vote) and one from the Republika Srpska, all of whom shall
serve a six-year term. The Governor, who shall not be a citizen of
Bosnia and Herzegovina or any neighboring state, may cast tie-breaking
votes on the Governing Board.
3. Thereafter, the Governing Board of the Central Bank of Bosnia and
Herzegovina shall consist of five persons appointed by the Presidency
for a term of six years. The Board shall appoint, from among its
members, a Governor for a term of six years.
1. The Parliamentary Assembly shall each year, on the proposal of the
Presidency, adopt a budget covering the expenditures required to carry
out the responsibilities of institutions of Bosnia and Herzegovina and
the international. Obligations of Bosnia and Herzegovina.
2. If no such budget is adopted in due time, the budget for the previous
year shall be used on a provisional basis.
3. The Federation shall provide two-thirds, and the Republika Srpska
one-third, of the revenues required by the budget, except insofar as
revenues are raised as specified by the Parliamentary Assembly.
1. No person who is serving a sentence imposed by the International
Tribunal for the Former Yugoslavia, and no person who is under
indictment by the Tribunal and who has failed to comply with an order to
appear before the Tribunal, may stand as a candidate or hold any
appointive, elective, or other public office in the territory of Bosnia
and Herzegovina.
2. Compensation for persons holding office in the institutions of Bosnia
and Herzegovina may not be diminished during an officeholder's tenure.
3. Officials appointed to positions in the institutions of Bosnia and
Herzegovina shall be generally representative of the peoples of Bosnia
and Herzegovina.
1. Amendment Procedure. This Constitution may be amended by a decision
of the Parliamentary Assembly, including a two-thirds majority of those
present and voting in the House of Representatives.
2. Human Rights and Fundamental Freedoms. No amendment to this
Constitution may eliminate or diminish any of the rights and freedoms
referred to in Article II of this Constitution or alter the present
paragraph.
Transitional arrangements concerning public offices, law, and other
matters are set forth in Annex II to this Constitution.
1. This Constitution shall enter into force upon signature of the
General Framework Agreement as a constitutional act amending and
superseding the Constitution of the Republic of Bosnia and Herzegovina.
2. Within three months from the entry into force of this Constitution,
the Entities shall amend their respective constitutions to ensure their
conformity with this Constitution in accordance with Article III(3)(b).
1. 1948 Convention on the Prevention and Punishment of the Crime of
Genocide
2. 1949 Geneva Conventions I-IV on the Protection of the Victims of War,
and the 1977 Geneva Protocols I-II thereto
3. 1951 Convention relating to the Status of Refugees and the 1966
Protocol thereto
4. 1957 Convention on the Nationality of Married Women
5. 1961 Convention on the Reduction of Statelessness
6. 1965 International Convention on the Elimination of All Forms of
Racial Discrimination
7. 1966 International Covenant on Civil and Political Rights and the
1966 and 1989 Optional Protocols thereto
8. 1966 Covenant on Economic, Social and Cultural Rights
9. 1979 Convention on the Elimination of All Forms of Discrimination
against Women
10. 1984 Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
11. 1987 European Convention on the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment
12. 1989 Convention on the Rights of the Child
13. 1990 International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families
14. 1992 European Charter for Regional or Minority Languages
15. 1994 Framework Convention for the Protection of National Minorities
1. Joint Interim Commission.
(a) The Parties hereby establish a Joint Interim Commission with a
mandate to discuss practical questions related to the implementation of
the Constitution of Bosnia and Herzegovina and of the General Framework
Agreement and its Annexes, and to make recommendations and proposals.
(b) The Joint Interim Commission shall be composed of four persons from
the Federation, three persons from the Republika Srpska, and one
representative of Bosnia and Herzegovina.
(c) Meetings of the Commission shall be chaired by the High
Representative or his or designee.
2. Continuation of Laws.
All laws, regulations, and judicial rules of procedure in effect within
the territory of Bosnia and Herzegovina when the Constitution enters
into force shall remain in effect to the extent not inconsistent with
the Constitution, until otherwise determined by a competent governmental
body of Bosnia and Herzegovina .
3. Judicial and Administrative Proceedings.
All proceedings in courts or administrative agencies t functioning
within the territory of Bosnia and Herzegovina when the Constitution
enters into force shall continue in or be transferred to other courts or
agencies in Bosnia and in accordance with any legislation governing the
competence of such courts or agencies.
4. Offices.
Until superseded by applicable agreement or law, governmental offices,
institutions, and other bodies of Bosnia and Herzegovina will operate in
accordance with applicable law.
5. Treaties.
Any treaty ratified by the Republic of Bosnia and Herzegovina between
January 1, 1992 and the entry into force of this Constitution shall be
disclosed to Members of the Presidency within 15 days of their assuming
office; any such treaty not disclosed shall be denounced. Within six
months after the Parliamentary Assembly is first convened, at the
request of any member of the Presidency, the Parliamentary Assembly
shall consider whether to denounce any other such
treaty.
The Republic of Bosnia and Herzegovina approves the Constitution of
Bosnia and Herzegovina at Annex 4 to the General Framework Agreement.
For the Republic of Bosnia and Herzegovina
The Federation of Bosnia and Herzegovina, on behalf of its constituent
peoples and citizens, approves the Constitution of Bosnia and
Herzegovina at Annex 4 to the General Framework Agreement.
For the Federation of Bosnia and Herzegovina
The Republika Srpska approves the Constitution of Bosnia and Herzegovina
at Annex 4 to the General Framework Agreement.
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."]
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..
The Dayton Peace Agreement
Text of Dayton Peace Agreement Documents Initialed in Dayton, Ohio on
November 21, 1995
The Federation of Bosnia and Herzegovina and the Republika Srpska agree
to honor the following obligations as set forth in the Agreed Basic
Principles adopted at Geneva on September 8, 1995, by the Republic of
Bosnia and Herzegovina, the Republic of Croatia, and the Federal
Republic of Yugoslavia, the latter representing also the Republika
Srpska:
Paragraph 2.4. "The two entities will enter into reciprocal commitments.
. .(c) to engage in binding arbitration to resolve disputes between
them."
Paragraph 3. "The entities have agreed in principle to the following:...
3.5 The design and implementation of a system of arbitration for the
solution of disputes between the two entities."
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 Republic of Bosnia and Herzegovina, the Federation of Bosnia and
Herzegovina and the Republika Srpska (the "Parties") have agreed as
follows:
The Parties shall secure to all persons within their jurisdiction the
highest level of internationally recognized human rights and fundamental
freedoms, including the rights and freedoms provided in the European
Convention for the Protection of Human Rights and Fundamental Freedoms
and its Protocols and the other international agreements listed in the
Appendix to this Annex. These include:
(1) The right to life.
(2) The right not to be subjected to torture or to inhuman or degrading
treatment or punishment.
(3) The right not to be held in slavery or servitude or to perform
forced or compulsory labor.
(4) The rights to liberty and security of person.
(5) The right to a fair hearing in civil and criminal matters, and other
rights relating to criminal proceedings.
(6) The right to private and family life, home, and correspondence.
(7) Freedom of thought, conscience and religion.
(8) Freedom of expression.
(9) Freedom of peaceful assembly and freedom of association with others.
(10) The right to marry and to found a family.
(11) The right to property.
(12) The right to education.
(13) The right to liberty of movement and residence.
(14) The enjoyment of the rights and freedoms provided for in this
Article or in the international agreements listed in the Annex to this
Constitution secured 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.
1. To assist in honoring their obligations under this Agreement, the
Parties hereby establish a Commission on Human Rights (the
"Commission"). The Commission shall consist of two parts: the Office of
the Ombudsman and the Human Rights Chamber.
2. The Office of the Ombudsman and the Human Rights Chamber shall
consider, as subsequently described:
(a) alleged or apparent violations of human rights as provided in the
European Convention for the Protection of Human Rights and Fundamental
Freedoms and the Protocols thereto, or
(b) alleged or apparent 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 arising in the enjoyment of any of the rights and freedoms
provided for in the international agreements listed in the Appendix to
this Annex,where such violation is alleged or appears to have been
committed by the Parties, including by any official or organ of the
Parties, Cantons, Municipalities, or any individual acting under the
authority of such official or organ.
3. The Parties recognize the right of all persons to submit to the
Commission and to other human rights bodies applications concerning
alleged violations of human rights, in accordance with the procedures of
this Annex and such bodies. The Parties shall not undertake any punitive
action directed against persons who intend to submit, or have submitted,
such allegations.
1. The Commission shall have appropriate facilities and a professionally
competent staff. There shall be an Executive Officer, appointed jointly
by the Ombudsman and the President of the Chamber, who shall be
responsible for all necessary administrative arrangements with respect
to facilities and staff. The Executive Officer shall be subject to the
direction of the Ombudsman and the President of the Chamber insofar as
concerns their respective administrative and professional office staff.
2. The salaries and expenses of the Commission and its staff shall be
determined jointly by the Parties and shall be borne by Bosnia and
Herzegovina. The salaries and expenses shall be fully adequate to
implement the Commission's mandate.
3. The Commission shall have its headquarters in Sarajevo, including
both the headquarters Office of the Ombudsman and the facilities for the
Chamber. The Ombudsman shall have at least one additional office in the
territory of the Federation and the Republika Srpska and at other
locations as it deems appropriate. The Chamber may meet in other
locations where it determines that the needs of a particular case so
require, and may meet at any place it deems appropriate for the
inspection of property, documents or other items.
4. The Ombudsman and all members of the Chamber shall not be held
criminally or civilly liable for any acts carried out within the scope
of their duties. When the Ombudsman and members of the Chamber are not
citizens of Bosnia and Herzegovina, they and their families shall be
accorded the same privileges and immunities as are enjoyed by diplomatic
agents and their families under the Vienna Convention on Diplomatic
Relations.
5. With full regard for the need to maintain impartiality, the
Commission may receive assistance as it deems appropriate from any
governmental, international, or non-governmental organization.
1. The Parties hereby establish the Office of the Human Rights Ombudsman
(the "Ombudsman").
2. The Ombudsman shall be appointed for a non-renewable term of five
years by the Chairman-in-Office of the Organization for Security and
Cooperation in Europe (OSCE), after consultation with the Parties. He or
she shall be independently responsible for choosing his or her own
staff. Until the transfer described in Article XIV below, the Ombudsman
may not be a citizen of Bosnia and Herzegovina or of any neighboring
state. The Ombudsman appointed after that transfer shall be appointed by
the Presidency of Bosnia and Herzegovina.
3. Members of the Office of the Ombudsman must be of recognized high
moral standing and have competence in the field of international human
rights.
4. The Office of the Ombudsman shall be an independent agency. In
carrying out its mandate, no person or organ of the Parties may
interfere with its functions.
1. Allegations of violations of human rights received by the Commission
shall generally be directed to the Office of the Ombudsman, except where
an applicant specifies the Chamber.
2. The Ombudsman may investigate, either on his or her own initiative or
in response to an allegation by any Party or person, non-governmental
organization, or group of individuals claiming to be the victim of a
violation by any Party or acting on behalf of alleged victims who are
deceased or missing, alleged or apparent violations of human rights
within the scope of paragraph 2 of Article II. The Parties undertake not
to hinder in any way the effective exercise of this right.
3. The Ombudsman shall determine which allegations warrant investigation
and in what priority, giving particular priority to allegations of
especially severe or systematic violations and those founded on alleged
discrimination on prohibited grounds.
4. The Ombudsman shall issue findings and conclusions promptly after
concluding an investigation. A Party identified as violating human
rights shall, within a specified period, explain in writing how it will
comply with the conclusions.
5. Where an allegation is received which is within the jurisdiction of
the Human Rights Chamber, the Ombudsman may refer the allegation to the
Chamber at any stage.
6. The Ombudsman may also present special reports at any time to any
competent government organ or official. Those receiving such reports
shall reply within a time limit specified by the Ombudsman, including
specific responses to any conclusions offered by the Ombudsman.
7. The Ombudsman shall publish a report, which, in the event that a
person or entity does not comply with his or her conclusions and
recommendations, will be forwarded to the High Representative described
in Annex 10 to the General Framework Agreement while such office exists,
as well as referred for further action to the Presidency of the
appropriate Party. The Ombudsman may also initiate proceedings before
the Human Rights Chamber based on such Report. The Ombudsman may also
intervene in any proceedings before the Chamber.
1. The Ombudsman shall have access to and may examine all official
documents, including classified ones, as well as judicial and
administrative files, and can require any person, including a government
official, to cooperate by providing relevant information, documents and
files. The Ombudsman may attend administrative hearings and meetings of
other organs and may enter and inspect any place where persons deprived
of their liberty are confined or work.
2. The Ombudsman and staff are required to maintain the confidentiality
of all confidential information obtained, except where required by order
of the Chamber, and shall treat all documents and files in accordance
with applicable rules.
1. The Human Rights Chamber shall be composed of fourteen members.
2. Within 90 days after this Agreement enters into force, the Federation
of Bosnia and Herzegovina shall appoint four members and the Republika
Srpska shall appoint two members. The Committee of Ministers of the
Council of Europe, pursuant to its resolution (93)6, after consultation
with the Parties, shall appoint the remaining members, who shall not be
citizens of Bosnia and Herzegovina or any neighboring state, and shall
designate one such member as the President of the Chamber.
3. All members of the Chamber shall possess the qualifications required
for appointment to high judicial office or be jurists of recognized
competence. The members of the Chamber shall be appointed for a term of
five years and may be reappointed.
4. Members appointed after the transfer described in Article XIV below
shall be appointed by the Presidency of Bosnia and Herzegovina.
1. The Chamber shall receive by referral from the Ombudsman on behalf of
an applicant, or directly from any Party or person, non-governmental
organization, or group of individuals claiming to be the victim of a
violation by any Party or acting on behalf of alleged victims who are
deceased or missing, for resolution or decision applications concerning
alleged or apparent violations of human rights within the scope of
paragraph 2 of Article II.
2. The Chamber shall decide which applications to accept and in what
priority to address them. In so doing, the Chamber shall take into
account the following criteria:
(a) Whether effective remedies exist, and the applicant has demonstrated
that they have been exhausted and that the application has been filed
with the Commission within six months from such date on which the final
decision was taken.
(b) The Chamber shall not address any application which is substantially
the same as a matter which has already been examined by the Chamber or
has already been submitted to another procedure or international
investigation or settlement.
(c) The Chamber shall also dismiss any application which it considers
incompatible with this Agreement, manifestly ill-founded, or an abuse of
the right of petition.
(d) The Chamber may reject or defer further consideration if the
application concerns a matter currently pending before any other
international human rights body responsible for the adjudication of
applications or the decision of cases, or any other Commission
established by the Annexes to the General Framework Agreement.
(e) In principle, the Chamber shall endeavor to accept and to give
particular priority to allegations of especially severe or systematic
violations and those founded on alleged discrimination on prohibited
grounds.
(f) Applications which entail requests for provisional measures shall be
reviewed as a matter of priority in order to determine (1) whether they
should be accepted and, if so (2) whether high priority for the
scheduling of proceedings on the provisional measures request is
warranted.
2. The Chamber may decide at any point in its proceedings to suspend
consideration of, reject or strike out, an application on the ground
that (a) the applicant does not intend to pursue his application; (b)
the matter has been resolved; or (c) for any other reason established by
the Chamber, it is no longer justified to continue the examination of
the application; provided that such result is consistent with the
objective of respect for human rights.
1. At the outset of a case or at any stage during the proceedings, the
Chamber may attempt to facilitate an amicable resolution of the matter
on the basis of respect for the rights and freedoms referred to in this
Agreement.
2. If the Chamber succeeds in effecting such a resolution it shall
publish a Report and forward it to the High Representative described in
Annex 10 to the General Framework Agreement while such office exists,
the OSCE and the Secretary General of the Council of Europe. Such a
Report shall include a brief statement of the facts and the resolution
reached. The report of a resolution in a given case may, however, be
confidential in whole or in part where necessary for the protection of
human rights or with the agreement of the Chamber and the parties
concerned.
1. The Chamber shall develop fair and effective procedures for the
adjudication of applications. Such procedures shall provide for
appropriate written pleadings and, on the decision of the Chamber, a
hearing for oral argument or the presentation of evidence. The Chamber
shall have the power to order provisional measures, to appoint experts,
and to compel the production of witnesses and evidence.
2. The Chamber shall normally sit in panels of seven, composed of two
members from the Federation, one from the Republika Srpska, and four who
are not citizens of Bosnia and Herzegovina or any neighboring state.
When an application is decided by a panel, the full Chamber may decide,
upon motion of a party to the case or the Ombudsman, to review the
decision; such review may include the taking of additional evidence
where the Chamber so decides. References in this Annex to the Chamber
.shall include, as appropriate, the Panel, except that the power to
develop general rules, regulations and procedures is vested in the
Chamber as a whole.
3. Except in exceptional circumstances in accordance with rules,
hearings of the Chamber shall be held in public.
4. Applicants may be represented in proceedings by attorneys or other
representatives of their choice, but shall also be personally present
unless excused by the Chamber on account of hardship, impossibility, or
other good cause.
5. The Parties undertake to provide all relevant information to, and to
cooperate fully with, the Chamber.
1. Following the conclusion of the proceedings, the chamber shall
promptly issue a decision, which shall address:
(a) whether the facts found indicate a breach by the Party concerned of
its obligations under this Agreement; and if so
(b) what steps shall be taken by the Party to remedy such breach,
including orders to cease and desist, monetary relief (including
pecuniary and non-pecuniary injuries), and provisional measures.
2. The Chamber shall make its decision by a majority of members. In the
event a decision by the full Chamber results in a tie, the President of
the Chamber shall cast the deciding vote.
3. Subject to review as provided in paragraph 2 of Article X, the
decisions of the Chamber shall be final and binding.
4. Any member shall be entitled to issue a separate opinion on any case.
5. The Chamber shall issue reasons for its decisions. Its decisions
shall be published and forwarded to the parties concerned, the High
Representative described in Annex 10 to the General Framework Agreement
while such office exists, the Secretary General of the Council of Europe
and the OSCE.
6. The Parties shall implement fully decisions of the Chamber.
The Chamber shall promulgate such rules and regulations, consistent with
this Agreement, as may be necessary to carry out its functions,
including provisions for preliminary hearings, expedited decisions on
provisional measures, decisions by panels of the Chamber, and review of
decisions made by any such panels.
1. The Parties shall promote and encourage the activities of non-
governmental and international organizations for the protection and
promotion of human rights.
2. The Parties join in inviting the United Nations Commission on Human
Rights, the OSCE, the United Nations High Commissioner for Human Rights,
and other intergovernmental or regional human rights missions or
organizations to monitor closely the human rights situation in Bosnia
and Herzegovina, including through the establishment of local offices
and the assignment of observers, rapporteurs, or other relevant persons
on a permanent or mission-by-mission basis and to provide them with full
and effective facilitation, assistance and access.
3. The Parties shall allow full and effective access to non-governmental
organizations for purposes of investigating and monitoring human rights
conditions in Bosnia and Herzegovina and shall refrain from hindering or
impeding them in the exercise of these functions.
4. All competent authorities in Bosnia and Herzegovina shall cooperate
with and provide unrestricted access to the organizations established in
this Agreement; any international human rights monitoring mechanisms
established for Bosnia and Herzegovina; the supervisory bodies
established by any of the international agreements listed in the
Appendix to this Annex; the International Tribunal for the Former
Yugoslavia; and any other organization authorized by the U.N. Security
Council with a mandate concerning human rights or humanitarian law.
Five years after this Agreement enters into force, the responsibility
for the continued operation of the Commission shall transfer from the
Parties to the institutions of Bosnia and Herzegovina, unless the
Parties otherwise agree. In the latter case, the Commission shall
continue to operate as provided above.
The Parties shall give effective notice of the terms of this Agreement
throughout 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
1. 1948 Convention on the Prevention and Punishment of the Crime of
Genocide
2. 1949 Geneva Conventions I-IV on the Protection of the
Victims of War, and the 1977 Geneva Protocols I-II
thereto
3. 1950 European Convention for the Protection of Human
Rights and Fundamental Freedoms, and the Protocols
thereto
4. 1951 Convention relating to the Status of Refugees and
the 1966 Protocol thereto
5. 1957 Convention on the Nationality of Married Women
6. 1961 Convention on the Reduction of Statelessness
7. 1965 International Convention on the Elimination of All
Forms of Racial Discrimination
8. 1966 International Covenant on Civil and Political
Rights and the 1966 and 1989 Optional Protocols thereto
9. 1966 Covenant on Economic, Social and Cultural Rights
10. 1979 Convention on the Elimination of All Forms of
Discrimination against Women
11. 1984 Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or
Punishment
12. 1987 European Convention on the Prevention of Torture
and Inhuman or Degrading Treatment or Punishment
13. 1989 Convention on the Rights of the Child
14. 1990 Convention on the Protection of the Rights of All Migrant
Workers and Members of
Their Families
15. 1992 European Charter for Regional or Minority Languages
16. 1994 Framework Convention for the Protection of National Minorities
[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 Federation of Bosnia and
Herzegovina, and the Republika Srpska (the "Parties") have agreed as
follows:
1. All refugees and displaced persons have the right freely to return to
their homes of origin. They shall have the right to have restored to
them property of which they were deprived in the course of hostilities
since 1991 and to be compensated for any property that cannot be
restored to them. The early return of refugees and displaced persons is
an important objective of the settlement of the conflict in Bosnia and
Herzegovina. The Parties confirm that they will accept the return of
such persons who have left their territory, including those who have
been accorded temporary protection by third countries.
2. The Parties shall ensure that refugees and displaced persons are
permitted to return in safety, without risk of harassment, intimidation,
persecution, or discrimination, particularly on account of their ethnic
origin, religious belief, or political opinion.
3. The Parties shall take all necessary steps to prevent activities
within their territories which would hinder or impede the safe and
voluntary return of refugees and displaced persons. To demonstrate their
commitment to securing full respect for the human rights and fundamental
freedoms of all persons within their jurisdiction and creating without
delay conditions suitable for return of refugees and displaced persons,
the Parties shall take immediately the following confidence building
measures:
(a) the repeal of domestic legislation and administrative practices with
discriminatory intent or effect;
(b)the prevention and prompt suppression of any written or verbal
incitement, through media or otherwise, of ethnic or religious hostility
or hatred;
(c) the dissemination, through the media, of warnings against, and the
prompt suppression of, acts of retribution by military, paramilitary,
and police services, and by other public officials or private
individuals;
(d) the protection of ethnic and/or minority populations wherever they
are found and the provision of immediate access to these populations by
international humanitarian organizations and monitors;
(e) the prosecution, dismissal or transfer, as appropriate, of persons
in military, paramilitary, and police forces, and other public servants,
responsible for serious violations of the basic rights of persons
belonging to ethnic or minority groups.
4. Choice of destination shall be up to the individual or family, and
the principle of the unity of the family shall be preserved. The Parties
shall not interfere with the returnees' choice of destination, nor shall
they compel them to remain in or move to situations of serious danger or
insecurity, or to areas lacking in the basic infrastructure necessary to
resume a normal life. The Parties shall facilitate the flow of
information necessary for refugees and displaced persons to make
informed judgments about local conditions for return.
5. The Parties call upon the United Nations High Commissioner for
Refugees ("UNHCR") to develop in close consultation with asylum
countries and the Parties a repatriation plan that will allow for an
early, peaceful, orderly and phased return of refugees and displaced
persons, which may include priorities for certain areas and certain
categories of returnees. The Parties agree to implement such a plan and
to conform their international agreements and internal laws to it. They
accordingly call upon States that have accepted refugees to promote the
early return of refugees consistent with international law.
Article II
Creation of Suitable Conditions for Return
1. The Parties undertake to create in their territories the political,
economic, and social conditions conducive to the voluntary return and
harmonious reintegration of refugees and displaced persons, without
preference for any particular group. The Parties shall provide all
possible assistance to refugees and displaced persons and work to
facilitate their voluntary return in a peaceful, orderly and phased
manner, in accordance with the UNHCR repatriation plan.
2. The Parties shall not discriminate against returning refugees and
displaced persons with respect to conscription into military service,
and shall give positive consideration to requests for exemption from
military or other obligatory service based on individual circumstances,
so as to enable returnees to rebuild their lives.
1. The Parties note with satisfaction the leading humanitarian role of
UNHCR, which has been entrusted by the Secretary-General of the United
Nations with the role of coordinating among all agencies assisting with
the repatriation and relief of refugees and displaced persons.
2. The Parties shall give full and unrestricted access by UNHCR, the
International Committee of the Red Cross ("ICRC"), the United Nations
Development Programme ("UNDP"), and other relevant international,
domestic and nongovernmental organizations to all refugees and displaced
persons, with a view to facilitating the work of those organizations in
tracing persons, the provision of medical assistance, food distribution,
reintegration assistance, the provision of temporary and permanent
housing, and other activities vital to the discharge of their mandates
and operational responsibilities without administrative impediments.
These activities shall include traditional protection functions and the
monitoring of basic human rights and humanitarian conditions, as well as
the implementation of the provisions of this Chapter.
3. The Parties shall provide for the security of all personnel of such
organizations.
The Parties shall facilitate the provision of adequately monitored,
short-term repatriation assistance on a nondiscriminatory basis to all
returning refugees and displaced persons who are in need, in accordance
with a plan developed by UNHCR and other relevant organizations, to
enable the families and individuals returning to reestablish their lives
and livelihoods in local communities.
The Parties shall provide information through the tracing mechanisms of
the ICRC on all persons unaccounted for. The Parties shall also
cooperate fully with the ICRC in its efforts to determine the
identities, whereabouts and fate of the unaccounted for.
Any returning refugee or displaced person charged with a crime, other
than a serious violation of international humanitarian law as defined in
the Statute of the International Tribunal for the Former Yugoslavia
since January 1, 1991 or a common crime unrelated to the conflict, shall
upon return enjoy an amnesty. In no case shall charges for crimes be
imposed for political or other inappropriate reasons or to circumvent
the application of the amnesty.
The Parties hereby establish an independent Commission for Displaced
Persons and Refugees (the "Commission"). The Commission shall have its
headquarters in Sarajevo and may have offices at other locations as it
deems appropriate.
The Parties shall cooperate with the work of the Commission, and shall
respect and implement its decisions expeditiously and in good faith, in
cooperation with relevant international and nongovernmental
organizations having responsibility for the return and reintegration of
refugees and displaced persons.
1. The Commission shall be composed of nine members. Within 90 days
after this Agreement enters into force, the Federation of Bosnia and
Herzegovina shall appoint four members, two for a term of three years
and the others for a term of four years, and the Republika Srpska shall
appoint two members, one for a term of three years and the other for a
term of four years. The President of the European Court of Human Rights
shall appoint the remaining members, each for a term of five years, and
shall designate one such member as the Chairman. The members of the
Commission may be reappointed.
2. Members of the Commission must be of recognized high moral standing.
3. The Commission may sit in panels, as provided in its rules and
regulations. References in this Annex to the Commission shall include,
as appropriate, such panels, except that the power to promulgate rules
and regulations is vested only in the Commission as a whole.
4. Members appointed after the transfer described in Article XVI below
shall be appointed by the Presidency of Bosnia and Herzegovina.
1. The Commission shall have appropriate facilities and a professionally
competent staff, experienced in administrative, financial, banking and
legal matters, to assist it in carrying out its functions. The staff
shall be headed by an Executive Officer, who shall be appointed by the
Commission.
2. The salaries and expenses of the Commission and its staff shall be
determined jointly by the Parties and shall be borne equally by the
Parties.
3. Members of the Commission shall not be held criminally or civilly
liable for any acts carried out within the scope of their duties.
Members of the Commission, and their families, who are not citizens of
Bosnia and Herzegovina shall be accorded the same privileges and
immunities as are enjoyed by diplomatic agents and their families under
the Vienna Convention on Diplomatic Relations.
4. The Commission may receive assistance from international and
nongovernmental organizations, in their areas of special expertise
falling within the mandate of the Commission, on terms to be agreed.
5. The Commission shall cooperate with other entities established by the
General Framework Agreement, agreed by the Parties, or authorized by the
United Nations Security Council.
The Commission shall receive and decide any claims for real property in
Bosnia and Herzegovina, where the property has not voluntarily been sold
or otherwise transferred since April 1, 1992, and where the claimant
does not now enjoy possession of that property. Claims may be for return
of the property or for just compensation in lieu of return.
1. Upon receipt of a claim, the Commission shall determine the lawful
owner of the property with respect to which the claim is made and the
value of that property. The Commission, through its staff or a duly
designated international or nongovernmental organization, shall be
entitled to have access to any and all property records in Bosnia and
Herzegovina, and to any and all real property located in Bosnia and
Herzegovina for purposes of inspection, evaluation and assessment
related to consideration of a claim.
2. Any person requesting the return of property who is found by the
Commission to be the lawful owner of that property shall be awarded its
return. Any person requesting compensation in lieu of return who is
found by the Commission to be the lawful owner of that property shall be
awarded just compensation as determined by the Commission. The
Commission shall make decisions by a majority of its members.
3. In determining the lawful owner of any property, the Commission shall
not recognize as valid any illegal property transaction, including any
transfer that was made under duress, in exchange for exit permission or
documents, or that was otherwise in connection with ethnic cleansing.
Any person who is awarded return of property may accept a satisfactory
lease arrangement rather than retake possession.
4. The Commission shall establish fixed rates that may be applied to
determine the value of all real property in Bosnia and Herzegovina that
is the subject of a claim before the Commission. The rates shall be
based on an assessment or survey of properties in the territory of
Bosnia and Herzegovina undertaken prior to April 1, 1992, if available,
or may be based on other reasonable criteria as determined by the
Commission.
5. The Commission shall have the power to effect any transactions
necessary to transfer or assign title, mortgage, lease, or otherwise
dispose of property with respect to which a claim is made, or which is
determined to be abandoned. In particular, the Commission may lawfully
sell, mortgage, or lease real property to any resident or citizen of
Bosnia and Herzegovina, or to either Party, where the lawful owner has
sought and received compensation in lieu of return, or where the
property is determined to be abandoned in accordance with local law. The
Commission may also lease property pending consideration and final
determination of ownership.
6. In cases in which the claimant is awarded compensation in lieu of
return of the property, the Commission may award a monetary grant or a
compensation bond for the future purchase of real property. The Parties
welcome the willingness of the international community assisting in the
construction and financing of housing in Bosnia and Herzegovina to
accept compensation bonds awarded by the Commission as payment, and to
award persons holding such compensation bonds priority in obtaining that
housing.
7. Commission decisions shall be final, and any title, deed, mortgage,
or other legal instrument created or awarded by the Commission shall be
recognized as lawful throughout Bosnia and Herzegovina.
8. Failure of any Party or individual to cooperate with the Commission
shall not prevent the Commission from making its decision.
The Parties, after notification to the Commission and in coordination
with UNHCR and other international and nongovernmental organizations
contributing to relief and reconstruction, may temporarily house
refugees and displaced persons in vacant property, subject to final
determination of ownership by the Commission and to such temporary lease
provisions as it may require.
1. A Refugees and Displaced Persons Property Fund (the "Fund") shall be
established in the Central Bank of Bosnia and Herzegovina to be
administered by the Commission. The Fund shall be replenished through
the purchase, sale, lease and mortgage of real property which is the
subject of claims before the Commission. It may also be replenished by
direct payments from the Parties, or from contributions by States or
international or nongovernmental organizations.
2. Compensation bonds issued pursuant to Article XII(6) shall create
future liabilities on the Fund under terms and conditions to be defined
by the Commission.
The Commission shall promulgate such rules and regulations, consistent
with this Agreement, as may be necessary to carry out its functions. In
developing these rules and regulations, the Commission shall consider
domestic laws on property rights.
Five years after this Agreement takes effect, responsibility for the
financing and operation of the Commission shall transfer from the
Parties to the Government of Bosnia and Herzegovina, unless the Parties
otherwise agree. In the latter case, the Commission shall continue to
operate as provided above.
The Parties shall give effective notice of the terms of this Agreement
throughout Bosnia and Herzegovina, and in all countries known to have
persons who were citizens or residents of 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
[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 Federation of Bosnia and
Herzegovina and the Republika Srpska (the "Parties") have agreed as
follows:
The Parties hereby establish an independent Commission to Preserve
National Monuments (the "Commission"). The Commission shall have its
headquarters in Sarajevo and may have offices at other locations as it
deems appropriate.
1. The Commission shall be composed of five members. Within 90 days
after this Agreement enters into force, the Federation of Bosnia and
Herzegovina shall appoint two members, and the Republika Srpska one
member, each serving a term of three years. The Director-General of the
United Nations Educational, Scientific and Cultural Organization shall
appoint the remaining members, each for a term of five years, and shall
designate one such member as the Chairman. The members of the Commission
may be reappointed. No person who is serving a sentence imposed by the
International Tribunal for the Former Yugoslavia, and no person who is
under indictment by the Tribunal and who has failed to comply with an
order to appear before the Tribunal, may serve on the Commission.
2. Members appointed after the transfer described in Article IX below
shall be appointed by the Presidency of Bosnia and Herzegovina.
1. The Commission shall have appropriate facilities and a professionally
competent staff, generally representative of the ethnic groups
comprising Bosnia and Herzegovina, to assist it in carrying out its
functions. The staff shall be headed by an executive officer, who shall
be appointed by the Commission.
2. The salaries and expenses of the Commission and its staff shall be
determined jointly by the Entities and shall be borne equally by them.
3. Members of the Commission shall not be held criminally or civilly
liable for any acts carried out within the scope of their duties.
Members of the Commission, and their families, who are not citizens of
Bosnia and Herzegovina shall be accorded the same privileges and
immunities as are enjoyed by diplomatic agents and their families under
the Vienna Convention on Diplomatic Relations.
The Commission shall receive and decide on petitions for the designation
of property having cultural, historic, religious or ethnic importance as
National Monuments.
1. Any Party, or any concerned person in Bosnia and Herzegovina, may
submit to the Commission a petition for the designation of property as a
National Monument. Each such petition shall set forth all relevant
information concerning property, including:
(a) the specific location of the property;
(b) its current owner and condition;
(c) the cost and source of funds for any necessary repairs to the
property;
(d) any known proposed use; and
(e) the basis for designation as a National Monument.
2. In deciding upon the petition, the Commission shall afford an
opportunity for the owners of the proposed National Monument, as well as
other interested persons or entities, to present their views.
3. For a period of one year after such a petition has been submitted to
the Commission, or until a decision is rendered in accordance with this
Annex, whichever occurs first, all Parties shall refrain from taking any
deliberate measures that might damage the property.
4. The Commission shall issue, in each case, a written decision
containing any findings of fact it deems appropriate and a detailed
explanation of the basis for its decision. The Commission shall make
decisions by a majority of its members. Decisions of the Commission
shall be final and enforceable in accordance with domestic law.
5. In any case in which the Commission issues a decision designating
property as a National Monument, the Entity in whose territory the
property is situated (a) shall make every effort to take appropriate
legal, scientific, technical, administrative and financial measures
necessary for the protection, conservation, presentation and
rehabilitation of the property, and (b) shall refrain from taking any
deliberate measures that might damage the property.
The following shall be eligible for designation as National Monuments:
movable or immovable property of great importance to a group of people
with common cultural, historic, religious or ethnic heritage, such as
monuments of architecture, art or history; archaeological sites; groups
of buildings; as well as cemeteries.
The Commission shall promulgate such rules and regulations, consistent
with this Agreement, as may be necessary to carry out its functions.
Officials and organs of the Parties and their Cantons and
Municipalities, and any individual acting under the authority of such
official or organ, shall fully cooperate with the Commission, including
by providing requested information and other assistance.
Five years after this Agreement enters into force, the responsibility
for the continued operation of the Commission shall transfer from the
Parties to the Government of Bosnia and Herzegovina, unless the Parties
otherwise agree. In the latter case, the Commission shall continue to
operate as provided above.
The Parties shall give effective notice of the terms of this Agreement
throughout 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
[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
Bearing in mind that reconstruction of the infrastructure and the
functioning of transportation and other facilities are important for
the economic resurgence of Bosnia and Herzegovina, and for the smooth
functioning of its institutions and the organizations involved in
implementation of the peace settlement, the Federation of Bosnia and
Herzegovina and the Republika Srpska (the "Parties") have agreed as
follows:
1. The Parties hereby establish a Commission on Public Corporations (the
"Commission") to examine establishing Bosnia and Herzegovina Public
Corporations to operate joint public facilities, such as for the
operation of utility, energy, postal and communication facilities, for
the benefit of both Entities.
2. The Commission shall have five Members. Within fifteen days after
this Agreement enters into force, the Federation of Bosnia and
Herzegovina shall appoint two Members, and the Republika Srpska one
Member. Persons appointed must be familiar with the specific economic,
political and legal characteristics Bosnia and Herzegovina and be of
high recognized moral standing. Recognizing that the Commission will
benefit from international expertise, the Parties request the President
of the European Bank for Reconstruction and Development to appoint the
remaining two Members and to designate one as the Chairman.
3. The Commission shall in particular examine the appropriate internal
structure for such Corporations, the conditions necessary to ensure
their successful, permanent operation, and the best means of procuring
long-term investment capital.
1. The Parties, recognizing an immediate need to establish a Public
Corporation to organize and operate transportation facilities, such as
roads, railways and ports, for their mutual benefit, hereby establish a
Bosnia and Herzegovina Transportation Corporation (the "Transportation
Corporation") for such purpose.
2. The Transportation Corporation shall have its headquarters in
Sarajevo and may have offices at other locations as it deems
appropriate. It shall have appropriate facilities and choose a
professionally competent Board of Directors, Officers and Staff,
generally representative of the ethnic groups comprising Bosnia and
Herzegovina, to carry out its functions. The Commission shall choose the
Board of Directors, which shall in turn appoint the Officers and select
the Staff.
3. The Transportation Corporation is authorized to construct, acquire,
hold, maintain and operate and dispose of real and personal property in
accordance with specific plans that it develops. It is also authorized
to fix and collect rates, fees, rentals and other charges for the use of
facilities it operates; enter into all contracts and agreements
necessary for the performance of its functions; and take other actions
necessary to carry out these functions.
4. The Transportation Corporation shall operate transportation
facilities as agreed by the Parties. The Parties shall, as part of their
agreement, provide the Corporation with necessary legal authority. The
Parties shall meet within fifteen days after this Agreement enters into
force to consider which facilities the Corporation will operate.
5. Within thirty days after this Agreement enters into force, the
Parties shall agree on sums of money to be contributed to the
Transportation Corporation for its initial operating budget. The Parties
may at any time transfer to the Transportation Corporation additional
funds or facilities that belong to them and the rights thereto. The
Parties shall decide the means by which the Transportation Corporation
will be authorized to raise additional capital.
The Parties may decide, upon recommendation of the Commission, to use
establishment of the Transportation Corporation as a model for the
establishment of other joint public corporations, such as for the
operation of utility, energy, postal and communication facilities.
The Commission, the Transportation Corporation and other Public
Corporations shall cooperate fully with all organizations involved in
implementation of the peace settlement, or which are otherwise
authorized by the United Nations Security Council, including the
International Tribunal for the Former Yugoslavia.
Members of the Commission and Directors of the Transportation
Corporation may not have an employment or financial relationship with
any enterprise that has, or is seeking, a contract or agreement with the
Commission or the Corporation, respectively, or otherwise has interests
that can be directly affected by its actions or inactions.
This Agreement shall enter into force upon signature.
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 Republic of Bosnia and Herzegovina, the Republic of Croatia, the
Federal Republic of Yugoslavia, the Federation of Bosnia and
Herzegovina, and the Republika Srpska (the "Parties") have agreed as
follows:
1. The Parties agree that the implementation of the civilian aspects of
the peace settlement will entail a wide range of activities including
continuation of the humanitarian aid effort for as long as necessary;
rehabilitation of infrastructure and economic reconstruction; the
establishment of political and constitutional institutions in Bosnia and
Herzegovina; promotion of respect for human rights and the return of
displaced persons and refugees; and the holding of free and fair
elections according to the timetable in Annex 3 to the General Framework
Agreement. A considerable number of international organizations and
agencies will be called upon to assist.
2. In view of the complexities facing them, the Parties request the
designation of a High Representative, to be appointed consistent with
relevant United Nations Security Council resolutions, to facilitate the
Parties' own efforts and to mobilize and, as appropriate, coordinate the
activities of the organizations and agencies involved in the civilian
aspects of the peace settlement by carrying out, as entrusted by a U.N.
Security Council resolution, the tasks set out below.
1. The High Representative shall:
(a) Monitor the implementation of the peace settlement;
(b) Maintain close contact with the Parties to promote their full
compliance with all civilian aspects of the peace settlement and a high
level of cooperation between them and the organizations and agencies
participating in those aspects.
(c) Coordinate the activities of the civilian organizations and agencies
in Bosnia and Herzegovina to ensure the efficient implementation of the
civilian aspects of the peace settlement. The High Representative shall
respect their autonomy within their spheres of operation while as
necessary giving general guidance to them about the impact of their
activities on the implementation of the peace settlement. The civilian
organizations and agencies are requested to assist the High
Representative in the execution of his or her responsibilities by
providing all information relevant to their operations in Bosnia-
Herzegovina.
(d) Facilitate, as the High Representative judges necessary, the
resolution of any difficulties arising in connection with civilian
implementation.
(e) Participate in meetings of donor organizations, particularly on
issues of rehabilitation and reconstruction.
(f) Report periodically on progress in implementation of the peace
agreement concerning the tasks set forth in this Agreement to the United
Nations, European Union, United States, Russian Federation, and other
interested governments, parties, and organizations.
(g) Provide guidance to, and receive reports from, the Commissioner of
the International Police Task Force established in Annex 11 to the
General Framework Agreement.
2. In pursuit of his or her mandate, the High Representative shall
convene and chair a commission (the "Joint Civilian Commission") in
Bosnia and Herzegovina. It will comprise senior political
representatives of the Parties, the IFOR Commander or his
representative, and representatives of those civilian organizations and
agencies the High Representative deems necessary.
3. The High Representative shall, as necessary, establish subordinate
Joint Civilian Commissions at local levels in Bosnia and Herzegovina.
4. A Joint Consultative Committee will meet from time to time or as
agreed between the High Representative and the IFOR Commander.
5. The High Representative or his designated representative shall remain
in close contact with the IFOR Commander or his designated
representatives and establish appropriate liaison arrangements with the
IFOR Commander to facilitate the discharge of their respective
responsibilities.
6. The High Representative shall exchange information and maintain
liaison on a regular basis with IFOR, as agreed with the IFOR Commander,
and through the commissions described in this Article.
7. The High Representative shall attend or be represented at meetings of
the Joint Military Commission and offer advice particularly on matters
of a political-military nature. Representatives of the High
Representative will also attend subordinate commissions of the Joint
Military Commission as set out in Article VIII(8) of Annex 1A to the
General Framework Agreement.
8. The High Representative may also establish other civilian commissions
within or outside Bosnia and Herzegovina to facilitate the execution of
his or her mandate.
9. The High Representative shall have no authority over the IFOR and
shall not in any way interfere in the conduct of military operations or
the IFOR chain of command.
1. The High Representative shall appoint staff, as he or she deems
necessary, to provide assistance in carrying out the tasks herein.
2. The Parties shall facilitate the operations of the High
Representative in Bosnia and Herzegovina, including by the provision of
appropriate assistance as requested with regard to transportation,
subsistence, accommodations, communications, and other facilities at
rates equivalent to those provided for the IFOR under applicable
agreements.
3. The High Representative shall enjoy, under the laws of Bosnia and
Herzegovina, such legal capacity as may be necessary for the exercise of
his or her functions, including the capacity to contract and to acquire
and dispose of real and personal property.
4. Privileges and immunities shall be accorded as follows:
(a) The Parties shall accord the office of the High Representative and
its premises, archives, and other property the same privileges and
immunities as are enjoyed by a diplomatic mission and its premises,
archives, and other property under the Vienna Convention on Diplomatic
Relations.
(b) The Parties shall accord the High Representative and professional
members of his or her staff and their families the same privileges and
immunities as are enjoyed by diplomatic agents and their families under
the Vienna Convention on Diplomatic Relations.
(c) The Parties shall accord other members of the High Representative
staff and their families the same privileges and immunities as are
enjoyed by members of the administrative and technical staff and their
families under the Vienna Convention on Diplomatic Relations.
The Parties shall fully cooperate with the High Representative and his
or her staff, as well as with the international organizations and
agencies as provided for in Article IX of the General Framework
Agreement.
The High Representative is the final authority in theater regarding
interpretation of this Agreement on the civilian implementation of the
peace settlement.
This Agreement 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 Republic of Bosnia and Herzegovina, the Federation of Bosnia and
Herzegovina, and the Republika Srpska (the "Parties") have agreed as
follows:
1. As provided in Article III(2)(c) of the Constitution agreed as Annex
4 to the General Framework Agreement, 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.
2. To assist them in meeting their obligations, the Parties request that
the United Nations establish by a decision of the Security Council, as a
UNCIVPOL operation, a U.N. International Police Task Force (IPTF) to
carry out, throughout Bosnia and Herzegovina, the program of assistance
the elements of which are described in Article III below.
1. The IPTF shall be autonomous with regard to the execution of its
functions under this Agreement. Its activities will be coordinated
through the High Representative described in Annex 10 to the General
Framework Agreement.
2. The IPTF will be headed by a Commissioner, who will appointed by the
Secretary General of the United Nations in consultation with the
Security Council. It shall consist of persons of high moral standing who
have experience in law enforcement. The IPTF Commissioner may request
and accept personnel, resources, and assistance from states and
international and nongovernmental organizations.
3. The IPTF Commissioner shall receive guidance from the High
Representative.
4. The IPTF Commissioner shall periodically report on matters within his
or her responsibility to the High Representative, the Secretary General
of the United Nations, and shall provide information to the IFOR
Commander and, as he or she deems appropriate, other institutions and
agencies.
5. The IPTF shall at all times act in accordance with internationally
recognized standards and with respect for internationally recognized
human rights and fundamental freedoms, and shall respect, consistent
with the IPTF's responsibilities, the laws and customs of the host
country.
6. The Parties shall accord the IPTF Commissioner, IPTF personnel, and
their families the privileges and immunities described in Sections 18
and 19 of the 1946 Convention on the Privileges and Immunities of the
United Nations. In particular, they shall enjoy inviolability, shall not
be subject to any form of arrest or detention, and shall have absolute
immunity from criminal jurisdiction. IPTF personnel shall remain subject
to penalties and sanctions under applicable laws and regulations of the
United Nations and other states.
7. The IPTF and its premises, archives, and other property shall be
accorded the same privileges and immunities, including inviolability, as
are described in Articles II and III of the 1946 Convention on the
Privileges and Immunities of the United Nations.
8. In order to promote the coordination by the High Representative of
IPTF activities with those of other civilian organizations and agencies
and of the (IFOR), the IPTF Commissioner or his or her representatives
may attend meetings of the Joint Civilian Commission established in
Annex
10 to the General Framework Agreement and of the Joint Military
Commission established in Annex 1, as well as meetings of their
subordinate commissions. The IPTF Commissioner may request that meetings
of appropriate commissions be convened to discuss issues within his or
her area of responsibility.
1. IPTF assistance includes the following elements, to be provided in a
program designed and implemented by the IPTF Commissioner in accordance
with the Security Council decision described in Article I(2):
(a) monitoring, observing, and inspecting law enforcement activities and
facilities, including associated judicial organizations, structures, and
proceedings;
(b) advising law enforcement personnel and forces;
(c) training law enforcement personnel;
(d) facilitating, within the IPTF' s mission of assistance, the Parties'
law enforcement activities;
(e) assessing threats to public order and advising on the capability of
law enforcement agencies to deal with such threats.
(f) advising governmental authorities in Bosnia and Herzegovina on the
organization of effective civilian law enforcement agencies; and
(g) assisting by accompanying the Parties' law enforcement personnel as
they carry out their responsibilities, as the IPTF deems appropriate.
2. In addition to the elements of the assistance program set forth in
paragraph 1, the IPTF will consider, consistent with its
responsibilities and resources, requests from the Parties or law
enforcement agencies in Bosnia and Herzegovina for assistance described
in paragraph 1.
3. The Parties confirm their particular responsibility to ensure the
existence of social conditions for free and fair elections, including
the protection of international personnel in Bosnia and Herzegovina in
connection with the elections provided for in Annex 3 to the General
Framework Agreement. They request the IPTF to give priority to assisting
the Parties in carrying out this responsibility.
1. The Parties shall cooperate fully with the IPTF and shall so instruct
all their law enforcement agencies.
2. Within 30 days after this Agreement enters into force, the Parties
shall provide the IPTF Commissioner or his or her designee with
information on their law enforcement agencies, including their size,
location, and force structure. Upon request of the IPTF Commissioner,
they shall provide additional information, including any training,
operational, or employment and service records of law enforcement
agencies and personnel.
3. The Parties shall not impede the movement of IPTF personnel or in any
way hinder, obstruct, or delay them in the performance of their
responsibilities. They shall allow IPTF personnel immediate and complete
access to any site, person, activity, proceeding, record, or other item
or event in Bosnia and Herzegovina as requested by the IPTF in carrying
out its responsibilities under this Agreement. This shall include the
right to monitor, observe, and inspect any site or facility at which it
believes that police, law enforcement, detention, or judicial activities
are taking place.
4. Upon request by the IPTF, the Parties shall make available for
training qualified personnel, who are expected to take up law
enforcement duties immediately following such training.
5. The Parties shall facilitate the operations of the IPTF in Bosnia and
Herzegovina, including by the provision of appropriate assistance as
requested with regard to transportation, subsistence, accommodations,
communications, and other facilities at rates equivalent to those
provided for the IFOR under applicable agreements.
1. Any obstruction of or interference with IPTF activities, failure or
refusal to comply with an IPTF request, or other failure to meet the
Parties' responsibilities or other obligations in this Agreement, shall
constitute a failure to cooperate with the IPTF.
2. The IPTF Commissioner will notify the High Representative and inform
the IFOR Commander of failures to cooperate with the IPTF. The IPTF
Commissioner may request that the High Representative take appropriate
steps upon receiving such notifications, including calling such failures
to the attention of the Parties, convening the Joint Civilian
Commission, and consulting with the United Nations, relevant states, and
international organizations on further responses.
1. When IPTF personnel learn of credible information concerning
violations of internationally recognized human rights or fundamental
freedoms or of the role of law enforcement officials or forces in such
violations, they shall provide such information to the Human Rights
Commission established in Annex 6 to the General Framework Agreement,
the International Tribunal for the Former Yugoslavia, or to other
appropriate organizations.
2. The Parties shall cooperate with investigations of law enforcement
forces and officials by the organizations described in paragraph 1.
This Agreement applies throughout Bosnia and Herzegovina to law
enforcement agencies and personnel of Bosnia and Herzegovina, the
Entities, and any agency, subdivision, or instrumentality thereof. Law
enforcement agencies are those with a mandate including law enforcement,
criminal investigations, public and state security, or detention or
judicial activities.
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
[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 and the
Federal Republic of Yugoslavia ("the Parties"),
Recognizing the need now for a comprehensive settlement to bring an end
to the tragic conflict in the region,
Welcoming the progress achieved during the Peace Proximity Talks held at
Wright-Patterson Air Force Base, Ohio,
Desiring to promote peace and prosperity throughout Bosnia and
Herzegovina and the region,
Have agreed as follows:
The negotiation of the General Framework Agreement for Peace in Bosnia
and Herzegovina and its Annexes has been completed. The Parties, and the
Entities that they represent, commit themselves to signature of these
Agreements in Paris in their present form, in accordance with Article
III, thus establishing their entry into force and the date from which
the Agreements shall have operative effect.
The initialling of each signature block of the General Framework
Agreement for Peace in Bosnia and Herzegovina and its Annexes today
hereby expresses the consent of the Parties, and the Entities that they
represent, to be bound by such Agreements.
Prior to signature of the General Framework Agreement for Peace in
Bosnia and Herzegovina in Paris, the Annexes may be renumbered, with the
necessary conforming changes made.
This Agreement shall enter into force upon signature.
DONE at Wright-Patterson Air Force Base, Ohio, this 21st day of November
1995, in the English language, in quadruplicate.
For the Republic of Bosnia and Herzegovina
For the Republic of Croatia
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
95/12/4: Side Letters
Side Letters included with the Dayton Peace Agreement documents initialed in Dayton,
Ohio on November 21, 1995. Released by the Office of the Spokesman,
December 4, 1995.
President Slobodan Milosevic, Head of the Delegation of the FR of
Yugoslavia
Dear Mr. President,
We write to you regarding the Peace Agreement and the documents which
are to be initialled at the conclusion of the peace negotiations in
Ohio. Since it is requested, in a number of documents prepared for
adoption, that the FR of Yugoslavia be the guarantor of the obligations
taken by the RS in the peace process, we kindly ask you to assume, on
behalf of the FRY, the role of the guarantor that the Republika Srpska
shall fulfill all the obligations it took.
The Delegation of the Republika Srpska:
Momcilo Krajisnik
Nikola Koljevic<
Aleksa Buha
Dayton, November 20, 1995
----------------------------------
REPUBLIC OF CROATIA
MINISTRY OF FOREIGN AFFAIRS
MINISTER
Dayton, November 21, 1995
The Honorable
Klaus Kinkel
Federal Minister for Foreign Affairs
Bonn
Dear Mr. Minister:
I refer to the Agreement on the Military Aspects of the Peace Settlement
and the Agreement on Inter-Entity Boundary Line and Related Issues,
which constitute Annex l-A and Annex 2 to the General Framework
Agreement for Peace in Bosnia and Herzegovina. The Republic of Croatia
has endorsed both of these Agreements.
On behalf of the Republic of Croatia, I wish to assure you that the
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 organizations in Bosnia and
Herzegovina which are under its control or with which it has influence
fully respects and comply with the provisions of the aforementioned
Annexes.
Sincerely,
Mate Granic
------------------------------------
REPUBLIC OF CROATIA
MINISTRY OF FOREIGN AFFAIRS
MINISTER
Dayton, November 21, 1995
The Honorable
Herve de Charette
Minister for Foreign Affairs
Paris
Dear Mr. Minister:
I refer to the Agreement on the Military Aspects of the Peace Settlement
and the Agreement on Inter-Entity Boundary Line and Related Issues,
which constitute Annex l-A and Annex 2 to the General Framework
Agreement for Peace in Bosnia and Herzegovina. The Republic of Croatia
has endorsed both of these Agreements.
On behalf of the Republic of Croatia, I wish to assure you that the
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 organizations in Bosnia and
Herzegovina which are under its control or with which it has influence
fully respects and comply with the provisions of the aforementioned
Annexes.
Sincerely,
Mate Granic
------------------------------------
REPUBLIC OF CROATIA
MINISTRY OF FOREIGN AFFAIRS
MINISTER
Dayton, November 21, 1995
The Honorable
Andre Kozyrev
Minister for Foreign Affairs
Moscow
Dear Mr. Minister:
I refer to the Agreement on the Military Aspects of the Peace Settlement
and the Agreement on Inter-Entity Boundary Line and Related Issues,
which constitute Annex l-A and Annex 2 to the General Framework
Agreement for Peace in Bosnia and Herzegovina. The Republic of Croatia
has endorsed both of these Agreements.
On behalf of the Republic of Croatia, I wish to assure you that the
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 organizations in Bosnia and
Herzegovina which are under its control or with which it has influence
fully respects and comply with the provisions of the aforementioned
Annexes.
Sincerely,
Mate Granic
------------------------------------
REPUBLIC OF CROATIA
MINISTRY OF FOREIGN AFFAIRS
MINISTER
Dayton, November 21, 1995
The Right Honorable
Malcolm Rifkind, QC MP
London
Dear Mr. Secretary:
I refer to the Agreement on the Military Aspects of the Peace Settlement
and the Agreement on Inter-Entity Boundary Line and Related Issues,
which constitute Annex l-A and Annex 2 to the General Framework
Agreement for Peace in Bosnia and Herzegovina. The Republic of Croatia
has endorsed both of these Agreements.
On behalf of the Republic of Croatia, I wish to assure you that the
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 organizations in Bosnia and
Herzegovina which are under its control or with which it has influence
fully respects and comply with the provisions of the aforementioned
Annexes.
Sincerely,
Mate Granic
------------------------------------
REPUBLIC OF CROATIA
MINISTRY OF FOREIGN AFFAIRS
MINISTER
Dayton, November 21, 1995
The Honorable
Warren Christopher
Secretary of State
Washington, D.C.
Dear Mr. Secretary:
I refer to the Agreement on the Military Aspects of the Peace Settlement
and the Agreement on Inter-Entity Boundary Line and Related Issues,
which constitute Annex l-A and Annex 2 to the General Framework
Agreement for Peace in Bosnia and Herzegovina. The Republic of Croatia
has endorsed both of these Agreements.
On behalf of the Republic of Croatia, I wish to assure you that the
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 organizations in Bosnia and
Herzegovina which are under its control or with which it has influence
fully respects and comply with the provisions of the aforementioned
Annexes.
Sincerely,
Mate Granic
------------------------------------
21 November 1995
The Honorable
Klaus Kinkel
Federal Minister for Foreign Affairs
BONN
Dear Mr. Minister,
I refer to the Agreement on the Military Aspects of the Peace Settlement
and the Agreement on Inter-Entity Boundary Line and Related Issues,
which constitute Annex 1-A and Annex 2 to the General Framework
Agreement for Peace in Bosnia and Herzegovina. The Federal Republic of
Yugoslavia has endorsed both of these Agreements.
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 the provisions of the
aforementioned Annexes.
Sincerely,
Milan Milutinovic
------------------------------------
21 November 1995
The Honorable
Herve de Charette
Minister for Foreign Affairs
P A R I S
Dear Mr. Minister,
I refer to the Agreement on the Military Aspects of the Peace Settlement
and the Agreement on Inter-Entity Boundary Line and Related Issues,
which constitute Annex 1-A and Annex 2 to the General Framework
Agreement for Peace in Bosnia and Herzegovina. The Federal Republic of
Yugoslavia has endorsed both of these Agreements.
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 the provisions of the
aforementioned Annexes.
Sincerely,
Milan Milutinovic
------------------------------------
21 November 1995
The Honorable
Andre Kozyrev
Minister for Foreign Affairs
M O S C O W
Dear Mr. Minister,
I refer to the Agreement on the Military Aspects of the Peace Settlement
and the Agreement on Inter-Entity Boundary Line and Related Issues,
which constitute Annex 1-A and Annex 2 to the General Framework
Agreement for Peace in Bosnia and Herzegovina. The Federal Republic of
Yugoslavia has endorsed both of these Agreements.
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 the provisions of the
aforementioned Annexes.
Sincerely,
Milan Milutinovic
------------------------------------
21 November 1995
The Right Honorable
Malcolm Rifkind, QC MP
L O N D O N
Dear Mr. Secretary,
I refer to the Agreement on the Military Aspects of the Peace Settlement
and the Agreement on Inter-Entity Boundary Line and Related Issues,
which constitute Annex 1-A and Annex 2 to the General Framework
Agreement for Peace in Bosnia and Herzegovina. The Federal Republic of
Yugoslavia has endorsed both of these Agreements.
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 the provisions of the
aforementioned Annexes.
Sincerely,
Milan Milutinovic
------------------------------------
21 November 1995
The Honorable
Warren Christopher
Secretary of State
WASHINGTON, D.C.
Dear Mr. Secretary,
I refer to the Agreement on the Military Aspects of the Peace Settlement
and the Agreement on Inter-Entity Boundary Line and Related Issues,
which constitute Annex 1-A and Annex 2 to the General Framework
Agreement for Peace in Bosnia and Herzegovina. The Federal Republic of
Yugoslavia has endorsed both of these Agreements.
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 the provisions of the
aforementioned Annexes.
Sincerely,
Milan Milutinovic
------------------------------------
REPUBLIC OF CROATIA
MINISTRY OF FOREIGN AFFAIRS
MINISTER
Dayton, November 21, 1995
His Excellency
Boutros Boutros-Ghali
Secretary General
United Nations
New York
Dear Mr. Secretary General:
I refer to the Agreement on the Military Aspects of the Peace Settlement
attached as Annex l-A to the General Framework Agreement for Peace in
Bosnia and Herzegovina. Recognizing the importance of a comprehensive
peace settlement to bring an end to the tragic conflict in the region, I
have the honor to provide the following undertaking to promote
achievement of that objective.
On behalf of the Republic of Croatia, I wish to assure United Nations
that, in order to facilitate accomplishment of the mission of the
multinational military Implementation Force ("IFOR") referred to in
Annex l-A, the Republic of Croatia shall strictly refrain from
introducing into or otherwise maintaining in Bosnia and Herzegovina any
armed forces or other personnel with military capability.
Sincerely,
Mate Granic
------------------------------------
REPUBLIC OF CROATIA
MINISTRY OF FOREIGN AFFAIRS
MINISTER
Dayton, November 21, 1995
His Excellency
Sergio Silvio Balanzino
Acting Secretary General
North Atlantic Treaty Organization
Brussels
Dear Mr. Secretary General,
I refer to the Agreement on the Military Aspects of the Peace Settlement
attached as Annex l-A to the General Framework Agreement for Peace in
Bosnia and Herzegovina. Recognizing the importance of a comprehensive
peace settlement to bring an end to the tragic conflict in the region, I
have the honor to provide the following undertaking to promote
achievement of that objective.
On behalf of the Republic of Croatia, I wish to assure the North
Atlantic Treaty Organization that, in order to facilitate accomplishment
of the mission of the multinational military Implementation Force
("IFOR") referred to in Annex l-A, the Republic of Croatia shall
strictly refrain from introducing into or otherwise maintaining in
Bosnia and Herzegovina any armed forces or other personnel with military
capability.
Sincerely,
Mate Granic
------------------------------------
21 November 1995
His Excellency
Boutros Boutros-Ghali
Secretary General
United Nations
New York
Dear Mr. Secretary General:
I refer to the Agreement on the Military Aspects of the Peace Settlement
attached as Annex l-A to the General Framework Agreement for Peace in
Bosnia and Herzegovina. Recognizing the importance of a comprehensive
peace settlement to bring an end to the tragic conflict in the region, I
have the honor to provide the following undertaking to promote
achievement of that objective.
On behalf of the Federal Republic of Yugoslavia, I wish to assure the
United Nations that, in order to facilitate accomplishment of the
mission of the multinational military Implementation Force ("IFOR")
referred to in Annex l-A, the Federal Republic of Yugoslavia shall
strictly refrain from introducing into or otherwise maintaining in
Bosnia and Herzegovina any armed forces or other personnel with military
capability.
Sincerely,
Milan Milutinovic
Minister of Foreign Affairs
Federal Republic of Yugoslavia
------------------------------------
21 November 1995
His Excellency
Sergio Silvio Balanzino
Acting Secretary General
North Atlantic Treaty Organization
Brussels
Dear Mr. Secretary General:
I refer to the Agreement on the Military Aspects of the Peace Settlement
attached as Annex l-A to the General Framework Agreement for Peace in
Bosnia and Herzegovina. Recognizing the importance of a comprehensive
peace settlement to bring an end to the tragic conflict in the region, I
have the honor to provide the following undertaking to promote
achievement of that objective.
On behalf of the Federal Republic of Yugoslavia, I wish to assure the
North Atlantic Treaty Organization that, in order to facilitate
accomplishment of the mission of the multinational military
Implementation Force ("IFOR") referred to in Annex l-A, the Federal
Republic of Yugoslavia shall strictly refrain from introducing into or
otherwise maintaining in Bosnia and Herzegovina any armed forces or
other personnel with military capability.
Sincerely,
Milan Milutinovic
Minister of Foreign Affairs
Federal Republic of Yugoslavia
------------------------------------
Wright Patterson Air Force Base, Ohio
November 21, 1995
The Honorable
Warren Christopher
Secretary of State of the
United States of America
Dear Mr. Secretary:
Upon initialing of the General Framework Agreement for Peace in Bosnia
and Herzegovina, I will undertake several confidence-building measures
to develop ties between the Federal Republic of Yugoslavia and Bosnia
and Herzegovina and to build support for the peace settlement. Toward
these important ends, I am pleased to make the following commitments on
behalf of the government and people of Bosnia and Herzegovina.
Release Of All Detained Non-Combatants
All detained non-combatants will be released immediately from work
brigade, detention site or other formal or informal custody, as required
by UN Security Council Resolution 1019 of November 9, 1995.
Specifically, pursuant to the resolution, all detention camps throughout
the territory of Bosnia and Herzegovina will be immediately closed, and
representatives of the International Committee of the Red Cross shall be
permitted (I) to register any persons detained against their will, and
(II) to have access to any site it may deem important.
Customs Union
As a matter of priority, my government will participate in senior
expert-level meetings to pursue the harmonization of customs policies
toward establishment of a customs union between the two countries.
Hot Line
With technical assistance as offered by the United States, my government
will establish a direct, secure telephone link between the Presidency of
Bosnia and Herzegovina and the Presidency of the Federal Republic of
Yugoslavia.
Direct Flights
My government will grant permission through appropriate national and
international agencies for direct flights between Sarajevo and Belgrade.
I understand that interested countries intend to encourage international
carriers to add these routes to their schedule.
High-Level Visits
I undertake to have my government organize a program of high-level
visits to Sarajevo and other important sites for officials and other
distinguished persons from the Federal Republic of Yugoslavia. I
understand that Ambassadors from Contact Group and other interested
countries will be available to participate as appropriate to help
sustain international and domestic interest in the strengthening of ties
between the two countries.
Economic Development
My government will take the steps necessary to establish a bilateral
Commission on Economic Integration and Infrastructure Development for
bilateral cooperation on nationally- and internationally-funded projects
affecting both countries. In particular, the Commission will promote co-
financing, joint ventures, and appropriate multilateral arrangements to
develop the transportation, energy, and communications sectors in both
countries.
Chamber Of Commerce
My government will actively seek the establishment of a joint Chamber of
Commerce to promote trade and economic development in both countries by
coordinating, where appropriate, the activities of the respective
Chambers of Commerce in each country and by promoting ties with Chambers
of Commerce in other countries.
Cultural And Educational Exchange
My government will actively develop student exchanges between the two
countries, as well as nominate students to participate in joint exchange
programs with the United States. Similarly, with support from the United
States and other interested governments, my government will promote
visits between the Federal Republic of Yugoslavia and Bosnia and
Herzegovina for scientific, cultural, sporting, youth and similar
groups. We will fully participate in the establishment and operation of
a bilateral Commission on Cultural and Educational Exchange to develop
programs in these areas.
Military Exchanges
In the context of regional arms control and related military confidence-
building measures agreed elsewhere by Bosnia and Herzegovina and the
Federal Republic of Yugoslavia, my government will promote
familiarization and staff exchange visits for officers from the armed
forces of the other country. These visits will explore, among other
measures, the establishment of liaison offices to each other's
respective defense chiefs.
Commission of Inquiry
My government will actively support the establishment and activities of
an international commission of inquiry into the recent conflict in the
former Yugoslavia. This will include participation by the governments of
the states involved, as well as distinguished international experts to
be named by agreement among the Republics of former Yugoslavia. The
Commission's mandate will be to conduct fact-finding and other necessary
studies into the causes, conduct, and consequences of the recent
conflict on as broad and objective a basis as possible, and to issue a
report thereon, to be made available to all interested countries and
organizations. My government will cooperate fully with this Commission.
Sincerely,
Alija Izetbegovic
President of the Republic of
Bosnia and Herzegovina
------------------------------------
Wright-Patterson Air Force Base, Ohio
November 21, 1995
The Honorable
Warren Christopher
Secretary of State of the
United States of America
Dear Mr. Secretary:
Upon initialing of the General Framework Agreement for Peace in Bosnia
and Herzegovina, I will undertake several confidence-building measures
to develop ties between the Federal Republic of Yugoslavia and Bosnia
and Herzegovina and to build support for the peace settlement. Toward
these important ends, I am pleased to make the following commitments on
behalf of the government and people of the Federal Republic of
Yugoslavia.
Release Of All Detained Non-Combatants
All detained non-combatants will be released immediately from work
brigade, detention site or other formal or informal custody, as required
by UN Security Council Resolution 1019 of November 9, 1995.
Specifically, pursuant to the resolution, all detention camps throughout
the territory of Bosnia and Herzegovina will be immediately closed, and
representatives of the International Committee of the Red Cross shall be
permitted (I) to register any persons detained against their will, and
(II) to have access to any site it may deem important.
Customs Union
As a matter of priority, my government will participate in senior
expert-level meetings to pursue the harmonization of customs policies
toward establishment of a customs union between the two countries.
Hot Line
With technical assistance as offered by the United States, my government
will establish a direct, secure telephone link between the Presidency of
Bosnia and Herzegovina and the Presidency of the Federal Republic of
Yugoslavia.
Direct Flights
My government will grant permission through appropriate national and
international agencies for direct flights between Sarajevo and Belgrade.
I understand that interested countries intend to encourage international
carriers to add these routes to their schedule.
High-Level Visits
I undertake to have my government organize a program of high-level
visits to Belgrade and other important sites for officials and other
distinguished persons from Bosnia and Herzegovina. I understand that
Ambassadors from Contact Group and other interested countries will be
available to participate as appropriate to help sustain international
and domestic interest in the strengthening of ties between the two
countries.
Economic Development
My government will take the steps necessary to establish a bilateral
Commission on Economic Integration and Infrastructure Development for
bilateral cooperation on nationally- and internationally-funded projects
affecting both countries. In particular, the Commission will promote co-
financing, joint ventures, and appropriate multilateral arrangements to
develop the transportation, energy, and communications sectors in both
countries.
Chamber Of Commerce
My government will actively seek the establishment of a joint Chamber of
Commerce to promote trade and economic development in both countries by
coordinating, where appropriate, the activities of the respective
Chambers of Commerce in each country and by promoting ties with Chambers
of Commerce in other countries.
Cultural And Educational Exchange
My government will actively develop student exchanges between the two
countries, as well as nominate students to participate in joint exchange
programs with the United States. Similarly, with support from the United
States and other interested governments, my government will promote
visits between the Federal Republic of Yugoslavia and Bosnia and
Herzegovina for scientific, cultural, sporting, youth and similar
groups. We will fully participate in the establishment and operation of
a bilateral Commission on Cultural and Educational Exchange to develop
programs in these areas.
Military Exchanges
In the context of regional arms control and related military confidence-
building measures agreed elsewhere by Bosnia and Herzegovina and the
Federal Republic of Yugoslavia, my government will promote
familiarization and staff exchange visits for officers from the armed
forces of the other country. These visits will explore, among other
measures, the establishment of liaison offices to each other's
respective defense chiefs.
Commission Of Inquiry
My government will actively support the establishment and activities of
an international commission of inquiry into the recent conflict in the
former Yugoslavia. This will include participation by the governments of
the states involved, as well as distinguished international experts to
be named by agreement among the Republics of former Yugoslavia. The
Commission's mandate will be to conduct fact-finding and other necessary
studies into the causes, conduct, and consequences of the recent
conflict on as broad and objective a basis as possible, and to issue a
report thereon, to be made available to all interested countries and
organizations. My government will cooperate fully with this Commission.
Sincerely,
Slobodan Milosevic
------------------------------------
Wright-Patterson Air Force Base, Ohio
November 21, 1995
The Honorable
Slobodan Milosevic
President of the
Republic of Serbia
Dear Mr. President:
I refer to the General Framework Agreement for Peace in Bosnia and
Herzegovina and in particular its Annex 9 on Public Corporations. My
government intends to see established passenger and freight rail service
on a regular schedule along the rail line extending through Bosanska
Krupa, Bosanska Novi, Bosanska Dubica, and Bosanska Gradiska in a
cooperative arrangement that accords with Article II of Annex 9. My
government will support and facilitate as appropriate the functioning of
this railroad.
Sincerely,
Alija Izetbegovic
President of the Republic of
Bosnia and Herzegovina
cc: The Honorable Warren Christopher
Secretary of State of the
United States of America
------------------------------------
Wright-Patterson Air Force Base, Ohio
November 21, 1995
The Honorable
Alija Izetbegovic
President of the Republic of
Bosnia and Herzegovina
Dear Mr. President:
I refer to the General Framework Agreement for Peace in Bosnia and
Herzegovina and in particular its Annex 9 on Public Corporations. As
head of the joint delegation of the Federal Republic of Yugoslavia and
of the Republika Srpska, I state our intention to see established
passenger and freight rail service on a regular schedule along the rail
line extending through Bosanska Krupa, Bosanska Novi, Bosanska Dubica,
and Bosanska Gradiska in a cooperative arrangement that accords with
Article II of Annex 9. Those governments will support and facilitate as
appropriate the functioning of this railroad.
Sincerely,
Slobodan Milosevic
cc: The Honorable Warren Christopher
Secretary of State of the
United States of America
[The State Department does not guarantee the authenticity of electronic
documents. 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 Bosnia Proximity Peace Talks were held at Wright-Patterson Air Force
Base, Ohio, from November 1 to November 20, 1995, under the auspices of
the Contact Group.
During these talks, delegations from the Republic of Bosnia and
Herzegovina, the Republic of Croatia, and the Federal Republic of
Yugoslavia engaged in hours of discussions aimed at reaching a peaceful
settlement to the conflict in Bosnia and Herzegovina.
As a result of these constructive and difficult negotiations, the
parties reached agreement on the terms of a General Framework Agreement
and the following Annexes thereto:
Annex lA: Military Aspects of the Peace Settlement
Annex lB: Regional Stabilization
Annex 2: Inter-Entity Boundary
Annex 3: Elections
Annex 4: Constitution of Bosnia and Herzegovina
Annex 5: Arbitration
Annex 6: Human Rights
Annex 7: Refugees and Displaced Persons
Annex 8: Commission to Preserve National Monuments
Annex 9: Bosnia and Herzegovina Public Corporations
Annex 10: Civilian Implementation
Annex 11: International Police Task Force
On November 20, President Izetbegovic, for the Republic of Bosnia and
Herzegovina, President Tudjman, for the Republic of Croatia, President
Milosevic, for the Federal Republic of Yugoslavia and for the Republika
Srpska, and President Zubak, for the Federation of Bosnia and
Herzegovina, initialled the Framework Agreement and its Annexes, thus
establishing the initialled documents as definitive, and signifying
their consent to be bound thereby and their commitment to sign the
Framework Agreement and its Annexes without delay.
The parties agree to reconvene in Paris under the auspices of the
Contact Group to sign the Framework Agreement and its Annexes shortly.
As evidence of their common endeavor to bring peace to the region, the
participants stress the utmost importance of maintaining the cease-fire,
of cooperating with all humanitarian and other organizations in Bosnia
and Herzegovina, and of ensuring the safety and freedom of movement
of personnel of such organizations. In particular, the delegations of
the Republic of Bosnia and Herzegovina, the Republic of Croatia, the
Federal Republic of Yugoslavia (also on behalf of the Republika Srpska),
and the Federation of Bosnia and Herzegovina have committed themselves
to refrain from any hostile act against or interference with members of
United Nations Protection Force, the international force to be deployed
in accordance with the General Framework Agreement, and personnel of
humanitarian organizations and agencies. They specifically commit
themselves to assist in locating the French pilots missing in Bosnia and
Herzegovina and ensure their immediate and safe return.
The participants express their deep appreciation to the Government and
the people of the United States of America for the hospitality extended
to them throughout the talks.
[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."]
(###)
..
.