Joint Declaration

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Joint Declaration
Date: 18 Nov 1993
Agreement status: Multiparty signed/agreed
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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: MR. H. SILAJDZIC, DR. R. KARADIZIC, MR. M. BOBAN
Third parties: Chairmanship of Mrs. Ogata, United Nations High Commissioner for Refugees
Description: This declaration outlines commitments by the parties to facilitate free passage of humanitarian aid, safety for all international actors when delivering aid, prisoner release facilitated by the ICRC and adherence to the Geneva conventions and other International Humanitarian Law.

Agreement document: BA_931118_Joint Declaration.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.
Ensure complete and secure freedom of movement for all personnel of the UN and international humanitarian organizations;

Page 1, 3.
Allow UNHCR and ICRC to determine, without any conditionality or linkages, the content of humanitarian assistance, including priority winterization needs and all materials, supplies, gas and other fuel necessary for the survival of the civilian population, excluding, of course, materials of war, and to monitor that this assistance is not misused for military purposes;

Page 1, 5.
Release, in accordance with the principles of and arrangements made by the ICRC, all civilians unlawfully detained;
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, 6.
Ensure that the military and civilian administrations at all levels honour the above commitments and all others previously entered into with regard to the respect for freedom of movement and other human rights, the Geneva Conventions and other applicable international humanitarian law and humanitarian principles.
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, 1.
Ensure the delivery of humanitarian assistance by suspending hostilities and allowing free and unconditional access by the most effective land routes, as well as the repairs essential for the use of these routes;

Page 1, 2.
Ensure complete and secure freedom of movement for all personnel of the UN and international humanitarian organizations;

Page 1, 6.
Ensure that the military and civilian administrations at all levels honour the above commitments and all others previously entered into with regard to the respect for freedom of movement and other human rights, the Geneva Conventions and other applicable international humanitarian law and humanitarian principles.
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, 1.
Ensure the delivery of humanitarian assistance by suspending hostilities and allowing free and unconditional access by the most effective land routes, as well as the repairs essential for the use of these routes;

Page 1, 3.
Allow UNHCR and ICRC to determine, without any conditionality or linkages, the content of humanitarian assistance, including priority winterization needs and all materials, supplies, gas and other fuel necessary for the survival of the civilian population, excluding, of course, materials of war, and to monitor that this assistance is not misused for military purposes;

Page 1, 4.
Ensure that all humanitarian assistance reaches its intended civilian beneficiaries and is not diverted to the military or others;
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 1, 3.
Allow UNHCR and ICRC to determine, without any conditionality or linkages, the content of humanitarian assistance, including priority winterization needs and all materials, supplies, gas and other fuel necessary for the survival of the civilian population, excluding, of course, materials of war, and to monitor that this assistance is not misused for military purposes;

Page 1, 4.
Ensure that all humanitarian assistance reaches its intended civilian beneficiaries and is not diverted to the military or others;
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: Page 1, 5.
Release, in accordance with the principles of and arrangements made by the ICRC, all civilians unlawfully detained;
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: Chairmanship of Mrs. Ogata, United Nations High Commissioner for Refugees
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: B.G. Ramcharan (ed.) The International Conference on the Former Yugoslavia, volume 2 (The Hague: Kluwer Law International, 1997) pp. 1382-1383

COMMUNIQUE OF 18 NOVEMBER 1993 OF MR.

H. SILAJDZIC, DR.

R. KARADIZIC, MR.

M. BOBAN, AND MRS.

S. OGATA

Joint Declaration

Recognizing that a humanitarian catastrophe in Bosnia and Herzegovina cannot be averted this winter without peace, and conscious of the disaster already upon the civilian population with the onset of winter, the undersigned have today given, in the Humanitarian Issues Working Group of the International Conference on the Former Yugoslavia, under the Chairmanship of Mrs. Ogata, United Nations High Commissioner for Refugees, a joint and solemn commitment to:

1. Ensure the delivery of humanitarian assistance by suspending hostilities and allowing free and unconditional access by the most effective land routes, as well as the repairs essential for the use of these routes;

2. Ensure complete and secure freedom of movement for all personnel of the UN and international humanitarian organizations;

3. Allow UNHCR and ICRC to determine, without any conditionality or linkages, the content of humanitarian assistance, including priority winterization needs and all materials, supplies, gas and other fuel necessary for the survival of the civilian population, excluding, of course, materials of war, and to monitor that this assistance is not misused for military purposes;

4. Ensure that all humanitarian assistance reaches its intended civilian beneficiaries and is not diverted to the military or others;

5. Release, in accordance with the principles of and arrangements made by the ICRC, all civilians unlawfully detained;

6. Ensure that the military and civilian administrations at all levels honour the above commitments and all others previously entered into with regard to the respect for freedom of movement and other human rights, the Geneva Conventions and other applicable international humanitarian law and humanitarian principles.