Agreement between the Government of the Republic of Croatia and the United Nations Peace Forces (UNPF) - United Nations Confidence Restoration Operation (UNCRO) on temporary measures in the areas formerly known as 'Sector North' and 'Sector South'

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Country/entity: Croatia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement between the Government of the Republic of Croatia and the United Nations Peace Forces (UNPF) - United Nations Confidence Restoration Operation (UNCRO) on temporary measures in the areas formerly known as 'Sector North' and 'Sector South'
Date: 6 Aug 1995
Agreement status: Unilateral document
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Croatia negotiation process
Parties: Hrvoje Sarinic, Republic of Croatia; Yasushi Akashi, United Nations Peace Forces
Third parties: -
Description: This short agreement outlines commitments of the Government of Croatia to protect the human rights of civilians in the former United Nations Protected Areas, including cooperation with UNMO human rights monitoring and the inviolability of UN premises, personnel and vehicles.

Agreement document: HR_950806_Agreement on temporary measures in 'Sector North' and 'Sector South'.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, 2.
That, further to clause 1 above, Croatia concurs that UNCRO, together with UNHCR and ICRC where appropriate, will monitor and report on the human rights situation in the Areas, and intervene with the Croatian authorities on human rights matters when appropriate.

Page 1, 3.
That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

Page 2, 4.
That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent allowed by objective security considerations.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, Untitled Preamble
We the undersigned,...Dedicated to ensuring to the maximum extent possible the full protection of civilians and of their human rights...

Page 1, 1.
That Croatia expresses its complete and unequivocal commitment to the full respect for the human rights of all individuals in the Areas concerned, and guarantees that those rights will be respected by all Croatian authorities.

Page 1, 2.
That, further to clause 1 above, Croatia concurs that UNCRO, together with UNHCR and ICRC where appropriate, will monitor and report on the human rights situation in the Areas, and intervene with the Croatian authorities on human rights matters when appropriate.

Page 2, 5.
That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, Untitled Preamble
We the undersigned,...Recognizing the need to ensure full respect for international human rights and humanitarian law...

Page 1, 3.
That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

Page 2, 8.
That, in conformity with its international obligations, Croatia reiterates the inviolability of United Nations premises and establishments, and its vehicles, and all
those therein, and thus commits all Croat an authorities to fully respect such inviolability. Croatia further emphasizes that none of its authorities will seek to remove
any person or persons from such United Nations premises, establishments or vehicles.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, 3.
That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

Page 2, 4.
That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent
allowed by objective security considerations.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance
Page 1, Untitled Preamble
We the undersigned,...Committed providing for the humanitarian needs of the civilian population affected by the hostilities in the Areas...

Page 2, 4.
That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent
allowed by objective security considerations.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 2, 5.
That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.

Page 2, 6.
That Croatia, and in particular its military authorities, will make every effort to ensure that civilian areas are not targeted by direct or indirect military fire as long as the hostilities continue.

Page 2, 7.
That, if UNCRO commanders become aware that local military personnel have departed from a specific location where only non-combatants are present, and that the 1ocation is under fire by Croatian forces, this information will be immediately passed to the Headquarters of the Croatian Army for appropriate action.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: Page 1, 3.
That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: .
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: Signed by Yasushi Akashi, United Nations Peace Forces
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, 5.
That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.

Page 2, 7.
That, if UNCRO commanders become aware that local military personnel have departed from a specific location where only non-combatants are present, and that the 1ocation is under
fire by Croatian forces, this information will be immediately passed to the Headquarters of the Croatian Army for appropriate action.

Page 2, 8.
That, in conformity with its international obligations, Croatia reiterates the inviolability of United Nations premises and establishments, and its vehicles, and all those therein, and thus commits all Croat an authorities to fully respect such inviolability. Croatia further emphasizes that none of its authorities will seek to remove any person or persons from such United Nations premises, establishments or vehicles.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Reply of the Republic of Croatia, International Court of Justice, 20 December 2010, Annex 169, p. 326
http://www.icj-cij.org/docket/index.php?p1=3&p2=3&k=73&case=118&code=cry

We the undersigned,

Concerned by the effects of the hostilities on the lives of civilians in the areas formerly known as "Sector North" and "Sector South" (hereinafter referred to as the Areas),

Committed to minimizing the loss of civilian life from hostilities,

Dedicated to ensuring to the maximum extent possible the full protection of civilians and of their human rights,

Committed providing for the humanitarian needs of the civilian population affected by the hostilities in the Areas,

Recognizing the need to ensure full respect for international human rights and humanitarian law,

Agree to the following,

1. That Croatia expresses its complete and unequivocal commitment to the full respect for the human rights of all individuals in the Areas concerned, and guarantees that those rights will be respected by all Croatian authorities.

2. That, further to clause 1 above, Croatia concurs that UNCRO, together with UNHCR and ICRC where appropriate, will monitor and report on the human rights situation in the Areas, and intervene with the Croatian authorities on human rights matters when appropriate.

3. That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised.

However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law.

In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

4. That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent allowed by objective security considerations.

5. That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.

6. That Croatia, and in particular its military authorities, will make every effort to ensure that civilian areas are not targeted by direct or indirect military fire as long as the hostilities continue.

7. That, if UNCRO commanders become aware that local military personnel have departed from a specific location where only non-combatants are present, and that the 1ocation is under fire by Croatian forces, this information will be immediately passed to the Headquarters of the Croatian Army for appropriate action.

8. That, in conformity with its international obligations, Croatia reiterates the inviolability of United Nations premises and establishments, and its vehicles, and all those therein, and thus commits all Croat an authorities to fully respect such inviolability.

Croatia further emphasizes that none of its authorities will seek to remove any person or persons from such United Nations premises, establishments or vehicles.

9. That the future relations of the two parties in this matter will be defined as soon as possible.