Principles for Freedom of Movement (COHA implementation)

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Principles for Freedom of Movement (COHA implementation)
Date: 31 Jan 1995
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: Ceasefire/related
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: BHC representative, J. W. Brinkman, Brigadier-General; HQ SA representative, Z. Tolimir, Major-General
Third parties: -
Description: This agreement implements paragraph 5 of the Agreement on Complete Cessation of Hostilities signed on 31 December 1994, for freedom of movement of UNPROFOR convoys and other UNPROFOR mobility across Serb-held territory.

Agreement document: BA_950131_Principles for Freedom of Movement.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: No specific mention.
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. Aim
These principles define the appropriate procedures regarding freedom of movement, as stated in paragraph 5 of the Agreement on Complete Cessation of Hostilities signed on 31 December 1994. These principles specifically refer to UNPROFOR movements on Serb held territory.

Page 1, 4. Routes
UNPROFOR convoys will follow the shortest route for which they get clearance to their destination. Details will be given in the notification.

Page 2, 5. Aircraft
UNPROFOR helicopters will enjoy freedom of movement after notification on the announced and approved route of flying. There will be a check on the ground on an agreed location.
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: 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: Security sector→Ceasefire→General commitments
[Summary] The freedom of movement arrangements in this agreement are agreed on in order to implement a cessation of hostilities agreement.

Page 1, Aim
These principles define the appropriate procedures regarding freedom of movement, as stated in paragraph 5 of the Agreement on Complete Cessation of Hostilities signed on 31 December 1994. These principles specifically refer to UNPROFOR movements on Serb held territory.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: Page 1, 2. Notification
a. UNPROFOR will notify the Serbian Army authorities 48 hours in advance of convoy movements and 24 hours for single vehicles.
b. Movement of single vehicles regarding UNMO's, HQ commanders and staff officers and Liaison Officers will be dealt with in a separate agreement.
c. Approval for convoy movement will be given by the Serbian Army HQ. In case of disapproval of a convoy, the Serbian authority is obliged to give a proper explanation stating the reason(s) of refusal of the particular convoy.

Page 1, 3. Control
Convoys may be checked only once by a S.A. checkpoint. This regards both ingoing and outgoing convoy movement. The check of the convoy will last as short as possible. If goods not stated on the notification are found, a more detailed check will he made. Goods not mentioned on the notification will be allowed to return on their convoy to their starting points. Goods which are not notified and for which transport is forbidden will be taken into secure storage. A joint S.A - UNPROFOR commission will discuss the final decision regarding these goods. A list of forbidden goods will he handed over to UNPROFOR by the Serbian Army HQ.
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: Page 1, 1. Aim
These principles define the appropriate procedures regarding freedom of movement, as stated in paragraph 5 of the Agreement on Complete Cessation of Hostilities signed on 31 December 1994. These principles specifically refer to UNPROFOR movements on Serb held territory.

Page 1, 2. Notification
a. UNPROFOR will notify the Serbian Army authorities 48 hours in advance of convoy movements and 24 hours for single vehicles.
b. Movement of single vehicles regarding UNMO's, HQ commanders and staff officers and Liaison Officers will be dealt with in a separate agreement...

Page 1, 3. Control
Convoys may be checked only once by a S.A. checkpoint. This regards both ingoing and outgoing convoy movement. The check of the convoy will last as short as possible. If goods not stated on the notification are found, a more detailed check will he made. Goods not mentioned on the notification will be allowed to return on their convoy to their starting points. Goods which are not notified and for which transport is forbidden will be taken into secure storage. A joint S.A - UNPROFOR commission will discuss the final decision regarding these goods. A list of forbidden goods will he handed over to UNPROFOR by the Serbian Army HQ.

Page 1, 4. Routes
UNPROFOR convoys will follow the shortest route for which they get clearance to their destination. Details will be given in the notification.

Page 2, 5. Aircraft
UNPROFOR helicopters will enjoy freedom of movement after notification on the announced and approved route of flying. There will be a check on the ground on an agreed location.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Court Records, Karadzic trial exhibit D00077
http://icr.icty.org/

31 JAN 1995

PRINCIPLES FOR FREEDOM OF MOVEMENT

1. Aim.

These principles define the appropriate procedures regarding freedom of movement, as stated in paragraph 5 of the Agreement on Complete Cessation of Hostilities signed on 31 December 1994.

These principles specifically refer to UNPROFOR movements on Serb held territory.

2. Notification.

a. UNPROFOR will notify the Serbian Army authorities 48 hours in advance of convoy movements and 24 hours for single vehicles.

b. Movement of single vehicles regarding UNMO's, HQ commanders and staff officers and Liaison Officers will be dealt with in a separate agreement.

c. Approval for convoy movement will be given by the Serbian Army HQ.

In case of disapproval of a convoy, the Serbian authority is obliged to give a proper explanation stating the reason(s) of refusal of the particular convoy.

3. Control.

Convoys may be checked only once by a S.A. checkpoint.

This regards both ingoing and outgoing convoy movement.

The check of the convoy will last as short as possible.

If goods not stated on the notification are found, a more detailed check will he made.

Goods not mentioned on the notification will be allowed to return on their convoy to their starting points.

Goods which are not notified and for which transport is forbidden will be taken into secure storage.

A joint S.A - UNPROFOR commission will discuss the final decision regarding these goods.

A list of forbidden goods will he handed over to UNPROFOR by the Serbian Army HQ.

4. Routes.

UNPROFOR convoys will follow the shortest route for which they get clearance to their destination.

Details will be given in the notification.

5. Aircraft.

UNPROFOR helicopters will enjoy freedom of movement after notification on the announced and approved route of flying.

There will be a check on the ground on an agreed location.

6. Evaluation.

The aforementioned principles will come into effect on 1 February 1995.

Evaluation will take place not later than 30 days after signing of this document.

Lukavica, 3I January I995