Declaration

Export agreement:

Export agreement coding (PDF)

Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Declaration
Date: 22 Oct 1993
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/local 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: Bosnia Local peace processes
Parties: PRESIDENT OF THE REPUBLIC OF SRPSKA Dr Radovan Karadzic; PRESIDENT OF THE AUTONOMOUS PROVINCE OF WESTERN BOSNIA OF THE REPUBLIC OF BOSNIA Fikret Abdic
Third parties: Witness to the agreement achieved, and assuming the obligation to mediate in the case of difficulties arising in its implementation: PRESIDENT OF THE REPUBLIC OF SERBIA Slobodan Milosevic
Description: This short agreement provides for mutual recognition between the Autonomous Province of Western Bosnia and Republika Srpska. It also guarantees all fundamental freedoms and human rights, in accordance with the Owen-Stoltenberg Peace Plan.

Agreement document: BA_931022_Declaration (Autonomous Province of West Bosnia).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: Groups→Refugees/displaced persons→Substantive
Page 2, 8.
The right to return to their hearths, should they desire to do so, shall be recognized to all persons displaced from them by the civil war.
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: Page 1, 1.
The Republic of Srpska recognizes the existence, the will of the people, and the legal authority of the Autonomous Province of Western Bosnia of the Republic of Bosnia, one of the three constituent Republics of the Union of Bosnia and Herzegovina, as defined by the Owen and Stoltenberg Peace Plan.

Page 1, 2.
The Autonomous Province of Western Bosnia of the Republic of Bosnia recognizes the existence, the will of the people, and the legal authority of the Republic of Srpska, one of the three constituent Republics of the Union of Bosnia and Herzegovina, as defined by the Owen and Stoltenberg Peace Plan.
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: Power sharing→Territorial power sharing→Other
Page 2, 5.
The borders between the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia shall be opened at the locations to be determined by the Representatives of the Governments of the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, within 48 hours of the pronouncement of this Declaration. The border crossings shall be opened and put in order, on the basis of agreement of both sides, within 7 (seven) days of the pronouncement of this Declaration.

Page 2, 9.
Presidents Radovan Karadzic and Fikret Abdic shall appoint a Border Commission with the mandate to demarcate the borders between the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, within 7 (seven) days. Here, the most notable task shall be the demarcation of the borders in the area of the town of Krupa on the right bank of river Una.
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 2, 6.
All fundamental freedoms and human rights, as provided for by the relevant international legal instruments shall be mutually guaranteed, in accordance with the Owen and Stoltenberg Peace Plan.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 1, 3.
Presidents Radovan Karadzic and Fikret Abdic, in the name of their citizens and Governments, solemnly proclaim the peace, and declare the start of the building of good neighborly [sic] relations and universal cooperation in the fields of politics, economy, traffic and communications, culture, sports, and other fields.
Rights related issues→Citizenship→Citizens, specific rights
Page 1, 4.
Full freedom of movement shall be guaranteed to all citizens of the Autonomous Province of Western Bosnia of the Republic of Bosnia through the entire territory of the Republic of Srpska, and to all citizens of the Republic of Srpska through the entire territory of the Autonomous Province of Western Bosnia of the Republic of Bosnia, with the official travel or personal identity documents issued by the relevant authorities of the Autonomous Province of Western Bosnia of the Republic of Bosnia, or the Republic of Srpska, respectively.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Other
Page 1, 3.
Presidents Radovan Karadzic and Fikret Abdic, in the name of their citizens and Governments, solemnly proclaim the peace, and declare the start of the building of good neighborly [sic] relations and universal cooperation in the fields of politics, economy, traffic and communications, culture, sports, and other fields.
Mobility/access: Page 1, 4.
Full freedom of movement shall be guaranteed to all citizens of the Autonomous Province of Western Bosnia of the Republic of Bosnia through the entire territory of the Republic of Srpska, and to all citizens of the Republic of Srpska through the entire territory of the Autonomous Province of Western Bosnia of the Republic of Bosnia, with the official travel or personal identity documents issued by the relevant authorities of the Autonomous Province of Western Bosnia of the Republic of Bosnia, or the Republic of Srpska, respectively.

Page 2, 5.
The borders between the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia shall be opened at the locations to be determined by the Representatives of the Governments of the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, within 48 hours of the pronouncement of this Declaration. The border crossings shall be opened and put in order, on the basis of agreement of both sides, within 7 (seven) days of the pronouncement of this Declaration.

Page 2, 10.
Presidents Radovan Karadzic and Fikret Abdic reaffirm that free passage to all international humanitarian aid convoys shall be facilitated on the entire territories of the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, with the aim of providing help to all those who may need it.
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: Page 2, 7.
All persons officially proven to have violated the provisions of international legislation of the conduct of war, shall be prosecuted before the regular Courts of Law of the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, respectively.
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 2, 10.
Presidents Radovan Karadzic and Fikret Abdic reaffirm that free passage to all international humanitarian aid convoys shall be facilitated on the entire territories of the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, with the aim of providing help to all those who may need it.
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: Page 2, 9.
Presidents Radovan Karadzic and Fikret Abdic shall appoint a Border Commission with the mandate to demarcate the borders between the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, within 7 (seven) days. Here, the most notable task shall be the demarcation of the borders in the area of the town of Krupa on the right bank of river Una.

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: Transitional justice→Courts→National courts
Page 2, 7.
All persons officially proven to have violated the provisions of international legislation of the conduct of war, shall be prosecuted before the regular Courts of Law of the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, respectively.
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: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Case Western Reserve University, Kelvin Smith Library
http://digital.case.edu/

At the invitation of the President of the Republic of Serbia, Slobodan Milosevic, and motivated by the goal of securing a durable peace between the Serbs and Moslems in the area of former Yugoslav Republic of Bosnia and Herzegovina, the President of the Republic of Srpska, Radovan Karadzic and the President of the Autonomous Province of Western Bosnia of the Republic of Bosnia, Fikret Abdic, have met in Belgrade and decided to propose, jointly, and with the involvement of the President of the Republic of Serbia, Slobodan Milosevic, the following

DECLARATION

1. The Republic of Srpska recognizes the existence, the will of the people, and the legal authority of the Autonomous Province of Western Bosnia of the Republic of Bosnia, one of the three constituent Republics of the Union of Bosnia and Herzegovina, as defined by the Owen and Stoltenberg Peace Plan.

2. The Autonomous Province of Western Bosnia of the Republic of Bosnia recognizes the existence, the will of the people, and the legal authority of the Republic of Srpska, one of the three constituent Republics of the Union of Bosnia and Herzegovina, as defined by the Owen and Stoltenberg Peace Plan.

3. Presidents Radovan Karadzic and Fikret Abdic, in the name of their citizens and Governments, solemnly proclaim the peace, and declare the start of the building of good neighborly [sic] relations and universal cooperation in the fields of politics, economy, traffic and communications, culture, sports, and other fields.

4. Full freedom of movement shall be guaranteed to all citizens of the Autonomous Province of Western Bosnia of the Republic of Bosnia through the entire territory of the Republic of Srpska, and to all citizens of the Republic of Srpska through the entire territory of the Autonomous Province of Western Bosnia of the Republic of Bosnia, with the official travel or personal identity documents issued by the relevant authorities of the Autonomous Province of Western Bosnia of the Republic of Bosnia, or the Republic of Srpska, respectively.

5. The borders between the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia shall be opened at the locations to be determined by the Representatives of the Governments of the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, within 48 hours of the pronouncement of this Declaration.

The border crossings shall be opened and put in order, on the basis of agreement of both sides, within 7 (seven) days of the pronouncement of this Declaration.

6. All fundamental freedoms and human rights, as provided for by the relevant international legal instruments shall be mutually guaranteed, in accordance with the Owen and Stoltenberg Peace Plan.

7. All persons officially proven to have violated the provisions of international legislation of the conduct of war, shall be prosecuted before the regular Courts of Law of the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, respectively.

8. The right to return to their hearths, should they desire to do so, shall be recognized to all persons displaced from them by the civil war.

9. Presidents Radovan Karadzic and Fikret Abdic shall appoint a Border Commission with the mandate to demarcate the borders between the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, within 7 (seven) days.

Here, the most notable task shall be the demarcation of the borders in the area of the town of Krupa on the right bank of river Una.

10. Presidents Radovan Karadzic and Fikret Abdic reaffirm that free passage to all international humanitarian aid convoys shall be facilitated on the entire territories of the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia, with the aim of providing help to all those who may need it.

11. Presidents Radovan Karadzic and Fikret Abdic express their hope that the leadership of the Republic of Bosnia in Sarajevo shall join this Declaration, and emphasize their readiness to start the talks to that effect immediately.

12. Presidents Radovan Karadzic and Fikret Abdic express their gratitude to the President of the Republic of Serbia, Slobodan Milosevic, for the great contribution he has given to the arrangement of the just and durable peace between the Republic of Srpska and the Autonomous Province of Western Bosnia of the Republic of Bosnia.

In Belgrade, 22 October 1993

PRESIDENT OF THE REPUBLIC OF SRPSKA Dr Radovan Karadzic

PRESIDENT OF THE AUTONOMOUS PROVINCE OF WESTERN BOSNIA OF THE REPUBLIC OF BOSNIA Fikret Abdic

Witness to the agreement achieved, and assuming the obligation to mediate in the case of difficulties arising in its implementation:

PRESIDENT OF THE REPUBLIC OF SERBIA Slobodan Milosevic