Agreement on Friendship and Cooperation between the Republic of Bosnia and Herzegovina and the Republic of Croatia

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement on Friendship and Cooperation between the Republic of Bosnia and Herzegovina and the Republic of Croatia
Date: 21 Jul 1992
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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 peace process
Parties: President of the Presidency of the Republic of Bosnia and Herzegovina Alija lzetbegovic; President of the Republic of Croatia Dr Franjo Tudjman
Third parties: -
Description: This agreement provides for cooperation between the Republic of Croatia and the Republic of Bosnia and Herzegovina, and proposes a constitutional framework in which the state is configured into national constituent entities. It also affirms the role of the Croatian Defence Council (HVO) in the joint command of the Army of Bosnia and Herzegovina. Although it was agreed before the conflict between Croat and Bosniak forces in Bosnia, it has been included because the outline of constitutional arrangements here has subsequent status in post-conflict agreements between Bosnia and Croatia.

Agreement document: BA_920721_Agreement on Friendship and Cooperation between the Republic of Bosnia and Herzegovina and the Republic of Croatia.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: Groups→Racial/ethnic/national group→Rhetorical
Page 1-2, 3.
...Faced with the pressing problem of massive persecution, particularly of the Muslim and Croat population of Bosnia and Herzegovina,...
Groups→Racial/ethnic/national group→Substantive
Page 1, 1.
The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia have agreed that the future state system of Bosnia and Herzegovina will proceed from the principle of full equality of the three constituent nations: Muslims, Croats and Serbs. The constitutional-political system of the country will be based on constituent units in the establishment of which due account will be taken of national, historical, cultural, economic, traffic and other elements.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Rhetorical
Page 1-2, 3.
The state delegation of Bosnia and Herzegovina express their gratitude to the Republic of Croatia for having received and provided for refugees from the Republic of Bosnia and Herzegovina beyond the capacity of the Republic of Croatia. Faced with the pressing problem of massive persecution, particularly of the Muslim and Croat population of Bosnia and Herzegovina, the Republic of Bosnia and Herzegovina and the Republic of Croatia will co-operate in providing for refugees in the Republic of Croatia and other countries, collection of humanitarian and financial aid, construction of refugee centres in safe zones in Bosnia and Herzegovina, and the return of refugees from the Republic of Croatia to the Republic of Bosnia and Herzegovina. A separated protocol on cooperation will be signed for the purpose.
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): Page 1, 1.
The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia have agreed that the future state system of Bosnia and Herzegovina will proceed from the principle of full equality of the three constituent nations: Muslims, Croats and Serbs.
State configuration: Page 1, 1.
...The constitutional-political system of the country will be based on constituent units in the establishment of which due account will be taken of national, historical, cultural, economic, traffic and other elements.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: Page 1, Untitled Preamble
The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia; In consideration of the common interests of their countries in the protection of their independence and territorial integrity;
...Accepting the opinions presented so far by the Arbitration Commission of the Conference on Yugoslavia, and in particular the opinions concerning the termination of existence of the former Socialist Republic of Yugoslavia, the need to terminate the membership of the latter in international organizations, and the principles to be followed in the solution of succession issues;
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: Page 1, 2.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will cooperate and come to agreement, proceeding from the respect of their particular interests and aware of the linked interests of the two countries, in matters of economic and financial cooperation, industrial and power supply cooperation, water resource use and protection of the environment, cooperation in the restoration of life in their areas, solution of property questions affecting physical and legal persons of one state in the other state, coordination of social activities in the two states, particularly in the sphere of labour and welfare policies, health, education, science, culture and physical culture, scientific and [illegible] cooperation, cultural and educational cooperation, information, and in [illegible].

Page 2, 4.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will also cooperate, proceeding from their common and particular interests, in the sphere of internal affairs and justice.

Page 2, 7.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will reciprocally allow their citizens to acquire dual citizenship.

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: Governance→Constitution→Constitutional reform/making
Page 1, 1.
The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia have agreed that the future state system of Bosnia and Herzegovina will proceed from the principle of full equality of the three constituent nations: Muslims, Croats and Serbs. The constitutional-political system of the country will be based on constituent units in the establishment of which due account will be taken of national, historical, cultural, economic, traffic and other elements.

Page 2, 6.
The armed component of the Croatian Defence Council (Hrvatsko Vijece Obrane) is an integral part of the united armed forces of the Republic of Bosnia and Herzegovina. The Croatian Defence Council will have its representatives in the joint command of the armed forces of Bosnia and Herzegovina. Provisional civil authorities established in war-time conditions within the scope of the Croatian Defence Council will be made to conform, as soon as possible, with the constitutional-juridical system of the Republic of Bosnia and Herzegovina, and talks pertaining to this matter will be initiated immediately in the spirit of the principles stated in Point 1 of this Agreement.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Merger of forces
Page 2, 6.
The armed component of the Croatian Defence Council (Hrvatsko Vijece Obrane) is an integral part of the united armed forces of the Republic of Bosnia and Herzegovina. . .
Power sharing→Military power sharing→Joint command structures
Page 2, 6.
... The Croatian Defence Council will have its representatives in the joint command of the armed forces of Bosnia and Herzegovina. Provisional civil authorities established in war-time conditions within the scope of the Croatian Defence Council will be made to conform, as soon as possible, with the constitutional-juridical system of the Republic of Bosnia and Herzegovina, and talks pertaining to this matter will be initiated immediately in the spirit of the principles stated in Point 1 of this Agreement.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 2, 8.
In consideration of the continuing aggression of the Serbian and Montenegrin military forces against the Republic of Bosnia and Herzegovina, but also largely against the Republic of Croatia from the contiguous areas of the Republic of Bosnia and Herzegovina, the President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia call upon the international community, and in particular the United Nations, the European Community and the United States of America, to take real and efficient steps to vigorously stop the aggression against their States, to prevent further loss of human life, persecution and expulsion of their citizens and the destruction of property...
Rights related issues→Citizenship→Citizens, specific rights
Page 2, 7.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will reciprocally allow their citizens to acquire dual citizenship.
Rights related issues→Citizenship→Citizen delimitation
Page 2, 7.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will reciprocally allow their citizens to acquire dual citizenship.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Other
Page 1, Preamble
2. The Republic of Bosnia and Herzegovina and the Republic of Croatia will cooperate and come to agreement, proceeding from the respect of their particular interests and aware of the linked interests of the two countries, in matters of economic and financial cooperation, industrial and power supply cooperation, water resource use and protection of the environment,
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 1-2, 3.
...Faced with the pressing problem of massive persecution, particularly of the Muslim and Croat population of Bosnia and Herzegovina, the Republic of Bosnia and Herzegovina and the Republic of Croatia will co-operate in providing for refugees in the Republic of Croatia and other countries, collection of humanitarian and financial aid, construction of refugee centres in safe zones in Bosnia and Herzegovina, and the return of refugees from the Republic of Croatia to the Republic of Bosnia and Herzegovina. A separated protocol on cooperation will be signed for the purpose.
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: Page 1, 2.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will cooperate and come to agreement, proceeding from the respect of their particular interests and aware of the linked interests of the two countries, in matters of economic and financial cooperation, industrial and power supply cooperation, water resource use and protection of the environment, cooperation in the restoration of life in their areas, solution of property questions affecting physical and legal persons of one state in the other state, coordination of social activities in the two states, particularly in the sphere of labour and welfare policies, health, education, science, culture and physical culture, scientific and [illegible] cooperation, cultural and educational cooperation, information, and in [illegible].
Water or riparian rights or access: Page 1, 2.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will cooperate and come to agreement, proceeding from the respect of their particular interests and aware of the linked interests of the two countries, in matters of economic and financial cooperation, industrial and power supply cooperation, water resource use and protection of the environment, cooperation in the restoration of life in their areas, solution of property questions affecting physical and legal persons of one state in the other state, coordination of social activities in the two states, particularly in the sphere of labour and welfare policies, health, education, science, culture and physical culture, scientific and [illegible] cooperation, cultural and educational cooperation, information, and in [illegible].

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 2, 6.
The armed component of the Croatian Defence Council (Hrvatsko Vijece Obrane) is an integral part of the united armed forces of the Republic of Bosnia and Herzegovina. The Croatian Defence Council will have its representatives in the joint command of the armed forces of Bosnia and Herzegovina. Provisional civil authorities established in war-time conditions within the scope of the Croatian Defence Council will be made to conform, as soon as possible, with the constitutional-juridical system of the Republic of Bosnia and Herzegovina, and talks pertaining to this matter will be initiated immediately in the spirit of the principles stated in Point 1 of this Agreement.

Page 2, 8.
In consideration of the continuing aggression of the Serbian and Montenegrin military forces against the Republic of Bosnia and Herzegovina, but also largely against the Republic of Croatia from the contiguous areas of the Republic of Bosnia and Herzegovina, the President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia call upon the international community, and in particular the United Nations, the European Community and the United States of America, to take real and efficient steps to vigorously stop the aggression against their States, to prevent further loss of human life, persecution and expulsion of their citizens and the destruction of property. With this objective in mind both States will sustain their past successful cooperation and continuous coordination of the defensive activities in the contiguous zones of the two States. Aware of the fact that both States are threatened, unless aggression against them is urgently stopped, by further destruction and annihilation of their state entity and integrity, the two states will, should the efforts of the international community remain ineffective, take all necessary steps in order to establish broader cooperation in the military sphere and coordinate military operations in order to definitively [illegible] the danger threatening them.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, Untitled Preamble
...Seriously concerned about the continuing aggression by the rest of the Yugoslav People's Army of the former Socialist Federal Republic of Yugoslavia, and Serbian and Montenegrin regular and irregular military forces, against their areas;

Page 2, 8.
In consideration of the continuing aggression of the Serbian and Montenegrin military forces against the Republic of Bosnia and Herzegovina, but also largely against the Republic of Croatia from the contiguous areas of the Republic of Bosnia and Herzegovina, the President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia call upon the international community, and in particular the United Nations, the European Community and the United States of America, to take real and efficient steps to vigorously stop the aggression against their States, to prevent further loss of human life, persecution and expulsion of their citizens and the destruction of property. With this objective in mind both States will sustain their past successful cooperation and continuous coordination of the defensive activities in the contiguous zones of the two States. Aware of the fact that both States are threatened, unless aggression against them is urgently stopped, by further destruction and annihilation of their state entity and integrity, the two states will, should the efforts of the international community remain ineffective, take all necessary steps in order to establish broader cooperation in the military sphere and coordinate military operations in order to definitively [illegible] the danger threatening them.
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: 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: Snezana Trifunovska (ed.) Yugoslavia Through Documents (Dordrecht: Martinus Mijhoff, 1994) 656-658.

The President of the Presidency of the Republic of Bosnia and Herzegovina Alija lzetbegovic, and the President of the Republic of Croatia Dr Franjo Tudjman have concluded, after the talks between the delegations of the Republic of Bosnia and Herzegovina and the Republic of Croatia held in Zagreb on July 21, 1992, the following

Agreement on Friendship and Cooperation between the Republic of Bosnia and Herzegovina and the Republic of Croatia

The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia;

In consideration of the common interests of their countries in the protection of their independence and territorial integrity;

Seriously concerned about the continuing aggression by the rest of the Yugoslav People's Army of the former Socialist Federal Republic of Yugoslavia, and Serbian and Montenegrin regular and irregular military forces, against their areas;

Accepting the Resolutions of the United Nations Security Council No.

752 (1992) of July 15, 1991, No.

757 (1992) of May 30, 1992, No.

758 (1992) of June 8, 1992, No.

760 (1992) of June 18, 1992, No.

761 (1992) of June 29, 1992, No.

762 (1992) of June 30, 1992 and No.

764 (1992) of July 13, 1992;

Accepting the opinions presented so far by the Arbitration Commission of the Conference on Yugoslavia, and in particular the opinions concerning the termination of existence of the former Socialist Republic of Yugoslavia, the need to terminate the membership of the latter in international organizations, and the principles to be followed in the solution of succession issues;

Aware of the need for agreement in resolving issues of vital importance for their mutual cooperation and joint opposition to aggression;

Have agreed as follows:

1. The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia have agreed that the future state system of Bosnia and Herzegovina will proceed from the principle of full equality of the three constituent nations:

Muslims, Croats and Serbs.

The constitutional-political system of the country will be based on constituent units in the establishment of which due account will be taken of national, historical, cultural, economic, traffic and other elements.

2. The Republic of Bosnia and Herzegovina and the Republic of Croatia will cooperate and come to agreement, proceeding from the respect of their particular interests and aware of the linked interests of the two countries, in matters of economic and financial cooperation, industrial and power supply cooperation, water resource use and protection of the environment, cooperation in the restoration of life in their areas, solution of property questions affecting physical and legal persons of one state in the other state, coordination of social activities in the two states, particularly in the sphere of labour and welfare policies, health, education, science, culture and physical culture, scientific and [illegible] cooperation, cultural and educational cooperation, information, and in [illegible].

3. The state delegation of Bosnia and Herzegovina express their gratitude to the Republic of Croatia for having received and provided for refugees from the Republic of Bosnia and Herzegovina beyond the capacity of the Republic of Croatia.

Faced with the pressing problem of massive persecution, particularly of the Muslim and Croat population of Bosnia and Herzegovina, the Republic of Bosnia and Herzegovina and the Republic of Croatia will co-operate in providing for refugees in the Republic of Croatia and other countries, collection of humanitarian and financial aid, construction of refugee centres in safe zones in Bosnia and Herzegovina, and the return of refugees from the Republic of Croatia to the Republic of Bosnia and Herzegovina.

A separated protocol on cooperation will be signed for the purpose.

4. The Republic of Bosnia and Herzegovina and the Republic of Croatia will also cooperate, proceeding from their common and particular interests, in the sphere of internal affairs and justice.

5. The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia have agreed that they will, in order to sustain past cooperation, regularly meet at least twice a year, and that their Governments and individual ministries will meet periodically in order to examine the results achieved and possible outstanding issues, and endeavour to resolve all such issues as soon as possible within the scope of their decision-making authority and/or to refer their proposals for the solution of such issues to other competent governmental bodies.

6. The armed component of the Croatian Defence Council (Hrvatsko Vijece Obrane) is an integral part of the united armed forces of the Republic of Bosnia and Herzegovina.

The Croatian Defence Council will have its representatives in the joint command of the armed forces of Bosnia and Herzegovina.

Provisional civil authorities established in war-time conditions within the scope of the Croatian Defence Council will be made to conform, as soon as possible, with the constitutional-juridical system of the Republic of Bosnia and Herzegovina, and talks pertaining to this matter will be initiated immediately in the spirit of the principles stated in Point 1 of this Agreement.

7. The Republic of Bosnia and Herzegovina and the Republic of Croatia will reciprocally allow their citizens to acquire dual citizenship.

8. In consideration of the continuing aggression of the Serbian and Montenegrin military forces against the Republic of Bosnia and Herzegovina, but also largely against the Republic of Croatia from the contiguous areas of the Republic of Bosnia and Herzegovina, the President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia call upon the international community, and in particular the United Nations, the European Community and the United States of America, to take real and efficient steps to vigorously stop the aggression against their States, to prevent further loss of human life, persecution and expulsion of their citizens and the destruction of property.

With this objective in mind both States will sustain their past successful cooperation and continuous coordination of the defensive activities in the contiguous zones of the two States.

Aware of the fact that both States are threatened, unless aggression against them is urgently stopped, by further destruction and annihilation of their state entity and integrity, the two states will, should the efforts of the international community remain ineffective, take all necessary steps in order to establish broader cooperation in the military sphere and coordinate military operations in order to definitively [illegible] the danger threatening them.

9. The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia have agreed to have a protocol on the establishment of diplomatic relations between the two States at embassy level signed immediately.

10. The Governments of the two States will organize, within the shortest possible time, and as required, meetings and meetings of the ministries of the two States, in order to conclude agreements deriving from this Agreement in their sphere of competence.

[SIGNED] President of the Republic of Croatia DR.

FRANJO TUDJMAN

[SIGNED] President of the Presidency of the Republic of Bosnia and Herzegovina ALIJA IZETBEGOVIC