Affidavit

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Country/entity: Croatia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Affidavit
Date: 19 Dec 1996
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: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Dissolution of Yugoslavia
Parties: Mr. Vrkic, Head, Office of the Government of the Republic of Croatia for Transitional Administration; Ombudsman of the Republic of Croatia
Third parties: Jacques Paul Klein, Transitional Administrator, United Nations, Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium, as witness
Description: This agreement provides for the implementation of rights of the employees of the public enterprises and institutions presently existing in Eastern Slavonia, Baranja and Western Sirmium will be protected as the territory is integrated under Croatian constitutional control.

Agreement document: HR_961219_Affidavit.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: No specific mention.
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: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1
The Office of the Government of the Republic of Croatia for Transitional Administration, on behalf of the Government of the Republic of Croatia, hereby agrees that the rights of the employees of the public enterprises and institutions presently existing in Eastern Slavonia, Baranja and Western Sirmium, for whom the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium confirms that were employed on 30 September 1996, shall be protected in accordance with the legislation of the Republic of Croatia and in conformity with the relevant international standards, including those of the International Labour Organization...
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: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: Rights institutions→NHRI→Mentions of NHRI
Page 1
...Therefore, it is understood that the Croatian Ombudsman will review and make recommendations as necessary to ensure the implementation of relevant international standards accordingly. The United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium will monitor such rights as appropriate...
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: No specific mention.
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: No specific mention.
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: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
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 Jacques Paul Klein, Transitional Administrator, United Nations, Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium, as witness
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1
...Therefore, it is understood that the Croatian Ombudsman will review and make recommendations as necessary to ensure the implementation of relevant international standards accordingly. The United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium will monitor such rights as appropriate...
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Letter dated 97/01/21 from the Secretary-General addressed to the President of the Security Council (S/1997/62)
http://dag.un.org/

Affidavit

The Office of the Government of the Republic of Croatia for Transitional Administration, on behalf of the Government of the Republic of Croatia, hereby agrees that the rights of the employees of the public enterprises and institutions presently existing in Eastern Slavonia, Baranja and Western Sirmium, for whom the United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium confirms that were employed on 30 September 1996, shall be protected in accordance with the legislation of the Republic of Croatia and in conformity with the relevant international standards, including those of the International Labour Organization.

Therefore, it is understood that the Croatian Ombudsman will review and make recommendations as necessary to ensure the implementation of relevant international standards accordingly.

The United Nations Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium will monitor such rights as appropriate.

In witness thereof, the Head of the Office of the Government of the Republic of Croatia for Transitional Administration, on behalf of the Government of the Republic of Croatia, has signed this affidavit in triplicate in Croatian and English.

(Signed) Mr. Vrkic

Head, Office of the Government of the Republic of Croatia for Transitional Administration

16 December 1996

(Signed) Ombudsman of the Republic of Croatia

19 December 1996

(Signed) Jacques Paul Klein

Transitional Administrator, United Nations

Transitional Administration for Eastern Slavonia, Baranja and Western Sirmium, as witness

17 December 1996