Agreement on the Passage of Humanitarian Convoys (Makarska Agreement)

Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Agreement on the Passage of Humanitarian Convoys (Makarska Agreement)
Date
10 Jul 1993
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Pre-negotiation/process
Conflict nature
Government/territory
Peace process
Bosnia peace process
Parties
For the Government of the Republic of Bosnia and Herzegovina - Hadzo Efendic; For the Croatian Defence Council- Dr. Jadranko Prlic
Third parties
Witnessed by representatives of the: Government of the Republic of Croatia- Dr. Mate Granic; International Committee for the Red Cross - C. Von Flue; United Nations High Commissioner for Refugees - Anthony C. Land; UNPROFOR- William Veennvliet
Description
This agreement provides for the free passage and distribution of humanitarian aid by the UNHCR and the ICRC. The parties commit to not hindering the delivery, including provision to hold uncontrolled armed elements accountable for any disruption to aid flows.


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→Anti-discrimination
Page 1, 2.
To respect the rules of operation of the International Commitee of the Red Cross and the United Nations High Commissioner for Refugees and the organization of the delivery and distribution of humanitarian aid, to facilitate the delivery of such assistance to those for whom it is intended without any discrimination on the basis of national origin or religion;
Religious groups
Groups→Religious groups→Anti-discrimination
Page 1, 2.
To respect the rules of operation of the International Commitee of the Red Cross and the United Nations High Commissioner for Refugees and the organization of the delivery and distribution of humanitarian aid, to facilitate the delivery of such assistance to those for whom it is intended without any discrimination on the basis of national origin or religion;
Indigenous people

No specific mention.

Other groups

No specific mention.

Refugees/displaced persons
Groups→Refugees/displaced persons→Substantive
Page 2, 5.
To ensure that representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the logistical center of the Republic of Bosnia and Herzegovina for Humanitarian Aid on the territory of the Republic of Croatia will jointly control the loading, packaging and distribution planning of humanitarian convoys to the Republic of Bosnia and Herzegovina Within the framework of the Protocol on Logistical Centers and laws of the Republic of Croatia. Representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the Logistical Center of the Republic of Bosnia and Herzegovjna shall issue documentation that a load has been searched and approved, and that all the important details about the weight, transport and individuals participating in the convoy and the intended path of travel to be marked; (ineligib1e);

Page 3,
...For the realization of this Agreement will be prepare plans for the initiation of
humanitarian convoys, of which the first will be prepared immediately, but will be
realized no later than 15 July, 1993. Plans will be prepared by representatives of the
Ministry of Commerce, Tourism and Industry of the Government of Bosnia and Herzegovina and the Croatian Defence Council Office for Displaced Persons and Refugees. The ICRC and UNHCR will plan their own convoys independently in agreement with the parties to this agreement...
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.
To respect the rules of operation of the International Commitee of the Red Cross and the United Nations High Commissioner for Refugees and the organization of the delivery and distribution of humanitarian aid, to facilitate the delivery of such assistance to those for whom it is intended without any discrimination on the basis of national origin or religion;

Page 2, 9.
To ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shall ensure the unhindered passage for all international humanitarian convoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.

Page 3,
...For the realization of this Agreement will be prepare plans for the initiation of
humanitarian convoys, of which the first will be prepared immediately, but will be
realized no later than 15 July, 1993. Plans will be prepared by representatives of the
Ministry of Commerce, Tourism and Industry of the Government of Bosnia and Herzegovina and the Croatian Defence Council Office for Displaced Persons and Refugees. The ICRC and UNHCR will plan their own convoys independently in agreement with the parties to this agreement...

Page 3
...For the realization of the aforementioned obligations a Joint Commission composed of
representatives of the Croatian Defence Council and the Ministry of Commerce, Tourism and Industry of the Republic of Bosnia and Herzegovina. The nomination of representatives for this Commission will be implemented no later than 15 July, 1993, when the Commission will begin with its operations. Representatives of the International Committee of the Red Cross, the United Nations High Commissioner for Refugees and UNPROFOR will be called upon according to the need to participate in meetings of the Commission. The Commission in performing its duties will abide by the principles of equality and proportionality in the distribution of humanitarian assistance to the population.
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, Untitled preamble
...taking into account the Agreement signed in Geneva, under the auspices of the International Committee of the Red Cross, 22 May, 1992. and all other provisions of international humanitarian law;

Page 2, 4.
To undertake all necessary measures to prevent any violations of international humanitarian law;
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, Untitled preamble
In response to the problems inhibiting the free passage of humanitarian aid to the farthest destination in the Republic of Bosnia and Herzegovina; cognizant of the critical humanitarian situation on the territory of the Republic of Bosnia and Herzegovina, the imperative for the unhindered passage of humanitarian convoys and that all aid arrived to its destination as soon as possible:...

Page 2, 3.
To undertake all necessary measures to guarantee direct access to the beneficiaries and to ensure the safety and security of all personnel involved, which includes full
responsibility of the parties for acts committed by so called uncontrolled groups, and to guarantee that no duties are required or imposed;

Page 2, 6.
To ensure that the representatives of the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina, in their respective zones of responsibility without stopping and controlling guarantee the movement of humanitarian convoys in the most safe and according to the circumstances along the shortest route possible;

Page 2, 7.
To respect the route of movement of a convoy confirmed in the freight documentation;

Page 2, 9.
To ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shall ensure the unhindered passage for all international humanitarian convoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.

Page 3
...With the purpose of the most effective delivery of humanitarian assistance the Army of the Republic of Bosnia and Herzegovina and the Croatian Defence Council shall ensure the free passage of humanitarian assistance along every major traffic route, including major traffic route Capljina-Mostar-Jablanica-Konjic-Tartin...
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
[Summary] The agreement in its entirety provides for the free flow of humanitarian assistance to areas of Bosnia.

Page 1, Untitled preamble
In response to the problems inhibiting the free passage of humanitarian aid to the farthest destination in the Republic of Bosnia and Herzegovina; cognizant of the critical humanitarian situation on the territory of the Republic of Bosnia and Herzegovina, the imperative for the unhindered passage of humanitarian convoys and that all aid arrived to its destination as soon as possible: determined to alleviate any further suffering of the civilian population through the delivery of humanitarian assistance in the Republic of Bosnia and Herzegovina;...

Page 1, 1.
To create the necessary conditions and assumed full responsibility for the safe and
unhindered delivery and distribution of humanitarian aid;

Page 1, 2.
To respect the rules of operation of the International Commitee of the Red Cross and the United Nations High Commissioner for Refugees and the organization of the delivery and distribution of humanitarian aid, to facilitate the delivery of such assistance to those for whom it is intended without any discrimination on the basis of national origin or religion;

Page 2, 5.
To ensure that representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the logistical center of the Republic of Bosnia and Herzegovina for Humanitarian Aid on the territory of the Republic of Croatia will jointly control the loading, packaging and distribution planning of humanitarian convoys to the Republic of Bosnia and Herzegovina Within the framework of the Protocol on Logistical Centers and laws of the Republic of Croatia. Representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the
Logistical Center of the Republic of Bosnia and Herzegovjna shall issue documentation that a load has been searched and approved, and that all the important details about the weight, transport and individuals participating in the convoy and the intended path of travel to be marked; (ineligib1e);

Page 2, 6.
To ensure that the representatives of the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina, in their respective zones of responsibility without stopping and controlling guarantee the movement of humanitarian convoys in the most safe and according to the circumstances along the shortest route possible;

Page 2, 9.
To ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shall ensure the unhindered passage for all international humanitarian convoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.

Page 2-3
...Power supply in the service of humanitarian purposes, to be decided by a Joint Commission, will also be treated as humanitarian assistance.

Page 3
...For the realization of this Agreement will be prepare plans for the initiation of
humanitarian convoys, of which the first will be prepared immediately, but will be
realized no later than 15 July, 1993. Plans will be prepared by representatives of the
Ministry of Commerce, Tourism and Industry of the Government of Bosnia and Herzegovina and the Croatian Defence Council Office for Displaced Persons and Refugees. The ICRC and UNHCR will plan their own convoys independently in agreement with the parties to this agreement...

Page 3
...With the purpose of the most effective delivery of humanitarian assistance the Army of the Republic of Bosnia and Herzegovina and the Croatian Defence Council shall ensure the free passage of humanitarian assistance along every major traffic route, including major traffic route Capljina-Mostar-Jablanica-Konjic-Tartin...

Page 3
...For the realization of the aforementioned obligations a Joint Commission composed of
representatives of the Croatian Defence Council and the Ministry of Commerce, Tourism and Industry of the Republic of Bosnia and Herzegovina. The nomination of representatives for this Commission will be implemented no later than 15 July, 1993, when the Commission will begin with its operations. Representatives of the International Committee of the Red Cross, the United Nations High Commissioner for Refugees and UNPROFOR will be called upon according to the need to participate in meetings of the Commission. The Commission in performing its duties will abide by the principles of equality and proportionality in the distribution of humanitarian assistance to the population.
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
Page 2, 6.
To ensure that the representatives of the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina, in their respective zones of responsibility without stopping and controlling guarantee the movement of humanitarian convoys in the most safe and according to the circumstances along the shortest route possible;

Page 2, 8.
That the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina on the territory under their control appoint responsible representatives for the purposes of notification of humanitarian convoys and liaison;

Page 2, 9.
To ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shall ensure the unhindered passage for all international humanitarian convoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.

Page 3
...With the purpose of the most effective delivery of humanitarian assistance the Army of the Republic of Bosnia and Herzegovina and the Croatian Defence Council shall ensure the free passage of humanitarian assistance along every major traffic route, including major traffic route Capljina-Mostar-Jablanica-Konjic-Tartin...
DDR

No specific mention.

Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces
Page 2, 3.
To undertake all necessary measures to guarantee direct access to the beneficiaries and to ensure the safety and security of all personnel involved, which includes full
responsibility of the parties for acts committed by so called uncontrolled groups, and to guarantee that no duties are required or imposed;

Page 2, 5.
To ensure that representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the logistical center of the Republic of Bosnia and Herzegovina for Humanitarian Aid on the territory of the Republic of Croatia will jointly control the loading, packaging and distribution planning of humanitarian convoys to the Republic of Bosnia and Herzegovina Within the framework of the Protocol on Logistical Centers and laws of the Republic of Croatia. Representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the Logistical Center of the Republic of Bosnia and Herzegovjna shall issue documentation that a load has been searched and approved, and that all the important details about the weight, transport and individuals participating in the convoy and the intended path of travel to be marked; (ineligib1e);

Page 2, 6.
To ensure that the representatives of the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina, in their respective zones of responsibility without stopping and controlling guarantee the movement of humanitarian convoys in the most safe and according to the circumstances along the shortest route possible;

Page 2, 8.
That the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina on the territory under their control appoint responsible representatives for the purposes of notification of humanitarian convoys and liaison;

Page 2, 9.
To ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shall ensure the unhindered passage for all international humanitarian convoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.

Page 3
...With the purpose of the most effective delivery of humanitarian assistance the Army of the Republic of Bosnia and Herzegovina and the Croatian Defence Council shall ensure the free passage of humanitarian assistance along every major traffic route, including major traffic route Capljina-Mostar-Jablanica-Konjic-Tartin...
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 3
...Every individual involved with a humanitarian convoy which are unlawfully deprived of their freedom will be released immediately, and unlawfully seized transported goods will
be returned to their owners no later than thirty days...
Vetting

No specific mention.

Victims

No specific mention.

Missing persons

No specific mention.

Reparations

No specific mention.

Reconciliation

No specific mention.


Implementation

UN signatory
Witnessed by: United Nations High Commissioner for Refugees - Anthony C. Land; UNPROFOR- William Veennvliet
Other international signatory

No specific mention.

Referendum for agreement

No specific mention.

International mission/force/similar

No specific mention.

Enforcement mechanism
Page 3
...For the realization of the aforementioned obligations a Joint Commission composed of
representatives of the Croatian Defence Council and the Ministry of Commerce, Tourism and Industry of the Republic of Bosnia and Herzegovina. The nomination of representatives for this Commission will be implemented no later than 15 July, 1993, when the Commission will begin with its operations. Representatives of the International Committee of the Red Cross, the United Nations High Commissioner for Refugees and UNPROFOR will be called upon according to the need to participate in meetings of the Commission. The Commission in performing its duties will abide by the principles of equality and proportionality in the distribution of humanitarian assistance to the population.
Related cases

No specific mention.

Source
ICTY Court Records, Prlic et. al trial exhibit P10264.E
http://www.icty.org/

Agreement on the Passage of Humanitarian Convoys

In response to the problems inhibiting the free passage of humanitarian aid to the farthest destination in the Republic of Bosnia and Herzegovina;

cognizant of the critical humanitarian situation on the territory of the Republic of Bosnia and Herzegovina, the imperative for the unhindered passage of humanitarian convoys and that all aid arrived to its destination as soon as possible:

• determined to alleviate any further suffering of the civilian population through the delivery of humanitarian assistance in the Republic of Bosnia and Herzegovina;

• taking inco account the Agreement signed in Geneva, under the auspices of the International Committee of the Red Cross, 22 May, 1992.

and all other provisions of international humanitarian law;

• recalling the Protocol on the Co-operation of the Government of the Republic of Croatia and the Government of the Republic of Bosnia and Herzegovina concerning the Establishment of Logistic Centers in the Republic of Croatia for the Acceptance and Distribution of the Humanitarian Assistance Directed to the Republic of Bosnia and Herzegovina, signed in Zagreb, on 25 February, 1992;

• recalling the Medugorje Agreement concluded on 18 May, 1993;

• according to the relevant United Nations Security Council resolutions;

The Government of the Republic of Bon$ia and Herzegovina and the Croatian Defence Council, with the support of the Oo,;ernr.:lem of the Republic of Croatia, the International Committee of the Red Cross (ICRC), the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Protection Forces (UNPROFOR).

bind themselves:

1. to create the necessary conditions and assumed full responsibility for the safe and unhindered delivery and distribution of humanicarlan aid:

2. to respect the rules of operatinn of the International Commitee of the Red Cross and the Unired Narions High Commissioner for Refugees and the organization of the delivery and distribution of humanicarian aid, to facilitate the delivery of such assistance to those for whom it is intended wirhout any discrimination on the basis of national origin or religion;

3. to undertake all necessary measures to guarantee direct access to the beneficiaries and to ensure the safety and security of all personnel involved, which includes full responsibility of the parties for acts committed by so called uncontrolled groups, and to guarantee that no duties are required or imposed;

4. to undertake all necessary measures to prevem any violations of international humanitarian law;

5. to ensure that representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the logistical center of the Republic of Bosnla and Herzegovina for Humanitarian Aid on the territory of the Republic of Croatia will jointly control the loading, packaging and distribution planning of humanitarian convoys to the the Republic of Bosnia and Herzegovina within the framework of the Protocol on Logistical Centers and laws of the Republic of Croatia.

Representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the Logistical Center of the Republic of Bosnia and Herzegovina shall issue documentation that a load has been se.arched and approved, and that all the important details about the weight, transport and individuals participating in the convoy and the intended path of travel to be marked;

(ineligib1e);

·

6. to ensure that the representatives of the Croatian Defence Council and the Army of the Republic of Bosnia and Herz:

egoYina, in their respective zones of responsibility without stopping and controlling guarantee the movement of humanitarian convoys in the most safe and according to the circumstances along the shortest route possible;

7. to respect the route of movement of a convoy confirmed in the freight documentation;

8. that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina on the territory under their control appoint responsible represenratives for the purposes of notification of humanitarian convoys and liaison;

9. to ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shan ensure the unhindered passage for all international humanitarian conYoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.

Power supply in the service of humanitarian purposes, to be decided by a Joint Commission, will also be treated as humanitarian assistance.

For the realization of this Agreement will be prepare plans for the initiation of humanitarian convoys, of which the first will be prepared immediately, but will be realized no later than 15 July, 1993.

Plans will be prepared by representatives of the Ministry of Commerce, Tourism and Industry of the Government of Bosnia.

and Herzegovina and the Croatian Defence Council Office for Displaced Persons and Refugees.

The ICRC and UNHCR will plan their own convoys independently in agreement with the parties to this agreement.

With the purpose of the most effective delivery of humanitarian assistance the Army of the Republic of Bosnia and Herzegovina and the Croatian Defence Council shall ensure the free passage of humanitarian assistance along every major traffic route, including major traffic route Capljna-Mostar-Jablanica-Konjic-Tartin.

Every individual involved with a humanitarian convoy which are unlawfully deprived of their freedom will be released immediately, and unlawfully seized transported goods will be returned to their owners no later than thirty days.

For the realization of the aforementioned obligations a Joint Commission composed of representatives of the Croatian Defence Council and the Ministry of Commerce, Tourism and Industry of the Republic of Bosnia and Herzegovina.

The nomination of representatives for this Commission will be implemented no later than l5 July, 1993, when the Commission will begin with its operations.

Representatives of the lnternational Committee of the Red Cross, the United Nations High Commissioner for Refugees and UNPROFOR will be called upon according to the need to participate in meetings of the Commission.

The Commission in performing its duties will abide by the principles of equality and proportionality in the distribution of humanitarian assistance to the

population.

This Agreemenr shall not prejudice any political resolution.

The Agreement comes into force on the day it is signed.

For the Government of the Republic of Bosnia and Herregovina - Hadzo Efendic

For the Croatian Defence Council - Dr. Jadranko Prlic

This Agreement was reached in Makarska, Republic of Croatia, 10 July, 1993, and witnessed by representatives of the Government of the Republic of Croatia - Dr. Mate Granic

International Committee for the Red Cross - C. Von Flue

United Nations High Commissioner for refugees - Anthony C. Land