Memorandum of Agreement

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Country/entity: Croatia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Memorandum of Agreement
Date: 8 Oct 1991
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: Croatia negotiation process
Parties: General Andrija Raseta, representing the Federal Secretary for National Defence of the Government of the Socialist Federative Republic of Yugoslavia; Mr Stjepan Adamic, Deputy Minister of Defence of the Government of the Republic of Croatia; Col. Imra Agotic, Member of the General Staff of the Croatian Armed Forces
Third parties: European Community Ambassador Dirk-Jan Van Houten
Description: This agreement provides for a general-ceasefire, lifting land and sea blockades, and withdrawal of the JNA from blockaded barracks. It also provides for humanitarian aid and the European Community Monitoring Mission to monitor the agreement's implementation.

Agreement document: HR_911008_Memorandum of Agreement.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, 3.
The blockades by land and sea imposed currently in all manners by both sides throughout the Adriatic Coast and its hinterland will simultaneously be lifted, and this with the purpose of restoring free movement of people, supplies and facilities. Units of the JNA can leave with their means of transport, technical material, weapons intact, military equipment and other mobile military property;
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 2, 5.
Immediate steps will be taken to organise relief supplies of food and medicine to the civilian populations of the Vukovar and Vinkovici area;
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→Ceasefire provision
Page 1, 1.
The effective entry into force of a general cease-fire in the territory of Croatia is confirmed as of 18.00 hrs Tuesday, October 8th, 1991 and will be strictly respected by both parties as long as they participate in the Peace Conference on Yugoslavia;

Page 1, 2.
Further steps towards consolidating the cease-fire will be pursued energetically during the coming days;
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, 3.
The blockades by land and sea imposed currently in all manners by both sides throughout the Adriatic Coast and its hinterland will simultaneously be lifted, and this with the purpose of restoring free movement of people, supplies and facilities. Units of the JNA can leave with their means of transport, technical material, weapons intact, military equipment and other mobile military property;

Page 1, 4.
The blockade of the Borangaj Barracks in Zagreb will be lifted with immediate effect and the withdrawal of the units stationed therin will be set in hand immediately to be completed by 18.00 hours Saturday, October 12, 1991. Units of the JNA can leave with their means of transport, technical material, weapons intact, military equipment and other mobile military property;
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 2, 6.
In accordance with the Memorandum of Understanding of September 1, 1991, extending its activities to Croatia, the European Community Monitoring Mission deployed in Croatia will lend its best efforts to monitoring the effective implementation of all the provisions of this agreement.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: ICTY Court Records, Martic trial exhibit 00240E
http://icr.icty.org/

MEMORANDUM OF AGREEMENT

On Tuesday October 8th, 1991, in Zagreb

General Andrija Raseta, representing the Federal Secretary for National Defence of the Government of the Socialist Federative Republic of Yugoslavia, and

Mr Stjepan Adamic, Deputy Minister of Defence of the Government of the Republic of Croatia and Col.

Imra Agotic, Member of the General Staff of the Croatian Armed Forces,

acting as Plenipotentiaries for their respective authorities,

met under the auspices of the European Community, represented by Ambassador D.J. van Houten, and bearing in mind the agreement signed in The Hague on October 4, 1991,

and agreed that

1. The effective entry into force of a general cease-fire in the territory of Croatia is confirmed as of 18.00 hrs Tuesday, October 8th, 1991 and will be strictly respected by both parties as long as they participate in the Peace Conference on Yugoslavia;

2. Further steps towards consolidating the cease-fire will be pursued energetically during the coming days;

3. The blockades by land and sea imposed currently in all manners by both sides throughout the Adriatic Coast and its hinterland will simultaneously be lifted, and this with the purpose of restoring free movement of people, supplies and facilities.

Units of the JNA can leave with their means of transport, technical material, weapons intact, military equipment and other mobile military property;

4. The blockade of the Borangaj Barracks in Zagreb will be lifted with immediate effect and the withdrawal of the units stationed therin will be set in hand immediately to be completed by 18.00 hours Saturday, October 12, 1991.

Units of the JNA can leave with their means of transport, technical material, weapons intact, military equipment and other mobile military property;

5. Immediate steps will be taken to organise relief supplies of food and medicine to the civilian populations of the Vukovar and Vinkovici area;

6. In accordance with the Memorandum of Understanding of September 1, 1991, extending its activities to Croatia, the European Community Monitoring Mission deployed in Croatia will lend its best efforts to monitoring the effective implementation of all the provisions of this agreement.

Done in Zagreb, October 8, 1991

General Andrija Raseta

Stjepan Adamic

Colonel Imra Agotic