Vienna Agreements

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Vienna Agreements
Date: 11 May 1994
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: Framework/substantive - partial
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: Krešimir Zubak
Haris Silajdžić
Third parties: -
Description: Collection of agreements signed in Vienna on the 8th and 11th of May 1994. Provides for criteria to determine the territory of the Federation of Bosnia and Herzegovina, principles of canton formation, and division of responsibilities within the federation government between Bosniaks and Croats.

Agreement document: BA_940511_Bečki sporazumi_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): BA_940511_Bečki sporazumi_CR.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→Substantive
[Summary] This agreement extensively provides for federal and municipal territorial power-sharing arrangements between Bosniak and Croat populations. See territorial power-sharing for full provisions.

Page 2, Principles of Canton Formation, 10.
A joint parliamentary (mixed) commission of Bosniak and Croat representatives shall be established to accurately determine and mark the borders in accordance with the above principles.

Page 3, Agreement on the Division of Responsibilities within the Federation of BiH, I.
A proposal shall be submitted to the Constitutional Assembly that the first Federation president during the 6‐month transition period shall be from the Croat people, while the Federation vice‐president for the same period shall be from the Bosniak people. After this 6‐month period, the presidency shall be held by a member from the Bosniak people, while the office of the vice‐president shall be held by a member of the Croat people. The first Federation president after the transition period shall be a member of the Bosniak people.

Page 3, Agreement on the Division of Responsibilities within the Federation of BiH, II.
During the reconstitution of the Government, it shall be guaranteed that the duty of the prime minister will be carried out by a member of the Bosniak people, while the deputy prime minister shall be from the Croat people. The deputy prime minister shall head the Ministry of Defence.
There shall be a proposal on the Law on the Federation Government calling for the Federation Government to consist of a president, a vice‐president, 11 cabinet ministers and 4 ministers without portfolios.
Ministers who are Bosniaks shall head the following ministries: Ministry of Internal Affairs; Ministry of Foreign Affairs; Ministry of Transport and Communications; Ministry of Energy and Industry; Ministry of Spatial Planning, Resources and the Environment; Ministry for Refugees and Social Policy; Ministry of Education, Science and Culture. Ministers who are Croats shall head the following ministries: Ministry of Defence (deputy prime minister); Ministry of Finance; Ministry of Justice; Ministry of Business; Ministry of Health. Out of the 4 ministers without portfolios, one shall be a Croat.

Page 4, Agreement on the Division of Responsibilities within the Federation of BiH, IV.
The Federation of BiH shall have two cantons with a special status: the Central Bosnia Canton and the Neretva Canton (these are working names for the cantons). Following the above, it is suggested that the Constitution of the Federation is amended to correspond with the decisions of the Federation, so that the equal status of all constituent peoples within the Federation of BiH is guaranteed...The presidents of these two cantons cannot be from the same constituent people at the same time.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 1, Criteria for determining the territory of the Federation of BiH, NOTE:
...
c) It is agreed that, with the help and authority of the international community, refugees and displaced persons will return to their original place of residence within the whole of Bosnia and Herzegovina. This is an essential part of the peace agreement for Bosnia and Herzegovina.
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): Governance→Political institutions (new or reformed)→General references
Page 4, Agreement on the Division of Responsibilities within the Federation of BiH, VII.
The signatories agree that they will suggest that the Constitutional Assembly of the Federation of BiH shall make decisions within their jurisdiction in accordance with this agreement.
Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 4, Agreement on the Division of Responsibilities within the Federation of BiH, V.
The signatories to the Agreement agree that they will immediately start appointing municipal governmental bodies in accordance with the Constitution of the Federation of BiH...

Page 3, Agreement on the Division of Responsibilities within the Federation of BiH, II.
During the reconstitution of the Government, it shall be guaranteed that the duty of the prime minister will be carried out by a member of the Bosniak people, while the deputy prime minister shall be from the Croat people. The deputy prime minister shall head the Ministry of Defence.
There shall be a proposal on the Law on the Federation Government calling for the Federation Government to consist of a president, a vice‐president, 11 cabinet ministers and 4 ministers without portfolios.
Ministers who are Bosniaks shall head the following ministries: Ministry of Internal Affairs; Ministry of Foreign Affairs; Ministry of Transport and Communications; Ministry of Energy and Industry; Ministry of Spatial Planning, Resources and the Environment; Ministry for Refugees and Social Policy; Ministry of Education, Science and Culture.
Ministers who are Croats shall head the following ministries: Ministry of Defence (deputy prime minister); Ministry of Finance; Ministry of Justice; Ministry of Business; Ministry of Health. Out of the 4 ministers without portfolios, one shall be a Croat.
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 3, Agreement on the Division of Responsibilities within the Federation of BiH, I.
A proposal shall be submitted to the Constitutional Assembly that the first Federation president during the 6‐month transition period shall be from the Croat people, while the Federation vice‐president for the same period shall be from the Bosniak people. After this 6‐month period, the presidency shall be held by a member from the Bosniak people, while the office of the vice‐president shall be held by a member of the Croat people. The first Federation president after the transition period shall be a member of the Bosniak people.
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 4, Agreement on the Division of Responsibilities within the Federation of BiH, IV.
The Federation of BiH shall have two cantons with a special status: the Central Bosnia Canton and the Neretva Canton (these are working names for the cantons). Following the above, it is suggested that the Constitution of the Federation is amended to correspond with the decisions of the Federation, so that the equal status of all constituent peoples within the Federation of BiH is guaranteed. The agreed text of the proposed amendment to the Constitution of the Federation of BiH is part of this agreement.

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
Sub-state level
Page 3, Agreement on the Division of Responsibilities within the Federation of BiH, I.
A proposal shall be submitted to the Constitutional Assembly that the first Federation president during the 6‐month transition period shall be from the Croat people, while the Federation vice‐president for the same period shall be from the Bosniak people. After this 6‐month period, the presidency shall be held by a member from the Bosniak people, while the office of the vice‐president shall be held by a member of the Croat people. The first Federation president after the transition period shall be a member of the Bosniak people.

Page 3, Agreement on the Division of Responsibilities within the Federation of BiH, II.
During the reconstitution of the Government, it shall be guaranteed that the duty of the prime minister will be carried out by a member of the Bosniak people, while the deputy prime minister shall be from the Croat people. The deputy prime minister shall head the Ministry of Defence.
There shall be a proposal on the Law on the Federation Government calling for the Federation Government to consist of a president, a vice‐president, 11 cabinet ministers and 4 ministers without portfolios.
Ministers who are Bosniaks shall head the following ministries: Ministry of Internal Affairs; Ministry of Foreign Affairs; Ministry of Transport and Communications; Ministry of Energy and Industry; Ministry of Spatial Planning, Resources and the Environment; Ministry for Refugees and Social Policy; Ministry of Education, Science and Culture.
Ministers who are Croats shall head the following ministries: Ministry of Defence (deputy prime minister); Ministry of Finance; Ministry of Justice; Ministry of Business; Ministry of Health. Out of the 4 ministers without portfolios, one shall be a Croat.

Page 4, Agreement on the Division of Responsibilities within the Federation of BiH, IV.
The Federation of BiH shall have two cantons with a special status: the Central Bosnia Canton and the Neretva Canton (these are working names for the cantons)...The presidents of these two cantons cannot be from the same constituent people at the same time.
Power sharing→Political power sharing→Form of 'veto' or communal majority
Sub-state level
Page 2, Principles of Canton Formation, 9.
The borders between cantons shall not be amended without a decision by the Federation Parliament, which must take into account the principle of vital national interest in decision-making.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
[Summary: The agreement in its entirity provides for the criteria of territorial delimitation, principles of decentralization, and division of responsibilities of the Federation of BiH.]

Page 3, Agreement on the Division of Responsibilities within the Federation of BiH, III.
The Federation territory shall be determined according to the mutually agreed criteria enclosed with this agreement. Maps showing the Federation territory and its cantons are an essential part of this agreement.
Power sharing→Territorial power sharing→Local/municipal government
Page 2, Principles of Canton Formation, 1.
Cantons are the form of territorial organisation of Bosnia and Herzegovina.

Page 2, Principles of Canton Formation, 2.
Cantons are federal units and are the form of decentralisation of the state.

Page 2, Principles of Canton Formation, 3.
Cantons shall be named solely after the cities which are the seats of the respective Cantonal governments or after regional geographic features.

Page 2, Principles of Canton Formation, 4.
Cantons shall be living areas shared by their constituent peoples and citizens.

Page 2, Principles of Canton Formation, 5.
Cantons shall be territorially organised according to principles of ethnicity, economy, geography and communications.

Page 2, Principles of Canton Formation, 6.
Cantons shall consist of municipalities which, according to the 1991 census, had a majority Bosniak and Croat population.

Page 2, Principles of Canton Formation, 8.
Municipalities where the majority population is not the same as the canton majority, shall have special status in accordance with the Federation Constitution.

Page 2, Principles of Canton Formation, NOTE:
A separate agreement – an annex to this document – shall resolve the issue of areas which were not previously organised as municipalities, but where there are now reasons for creating municipalities, in order to exercise rights outlined in Chapter 5, Article 2.2 of the Federation Constitution.

Page 4, Agreement on the Division of Responsibilities within the Federation of BiH, IV.
The Federation of BiH shall have two cantons with a special status: the Central Bosnia Canton and the Neretva Canton (these are working names for the cantons). Following the above, it is suggested that the Constitution of the Federation is amended to correspond with the decisions of the Federation, so that the equal status of all constituent peoples within the Federation of BiH is guaranteed. The agreed text of the proposed amendment to the Constitution of the Federation of BiH is part of this agreement. All municipalities in cantons with special status will have the authority outlined in Chapter 5, 1,2(2) of the Constitution of the Federation BiH, if they request such status. The presidents of these two cantons cannot be from the same constituent people at the same time.

Page 4, Agreement on the Division of Responsibilities within the Federation of BiH, V.
The signatories to the Agreement agree that they will immediately start appointing municipal governmental bodies in accordance with the Constitution of the Federation of BiH. Where there is a justifiable interest, on the basis of unique criteria defined in accordance with the Constitution, they will enable the formation and amendment of municipality borders (for example, in Usora).
Power sharing→Territorial power sharing→Other
Page 1, Criteria for determining the territory of the Federation of BiH, 1.
Pursuant of Article 1, Chapter 1 of the Federation of BiH Constitution, the Federation’s
territory consists of areas with a majority of Bosniak and Croat population.

Page 1, Criteria for determining the territory of the Federation of BiH, 2.
These areas are municipalities which, according to the 1991 census, had a majority of Bosniak and Croat population.

Page 1, Criteria for determining the territory of the Federation of BiH, 3.
The boundaries of the areas from Point 2 in border municipalities shall be amended by
excluding areas with a majority of Serb population, or including areas with a majority of Bosniak or Croat population from neighbouring municipalities.

Page 1, Criteria for determining the territory of the Federation of BiH, 4.
The main goal in determining the Federation’s territory is that is it essential for it to include those territories with predominantly Bosniak or Croat populations in Eastern Bosnia – along the Drina River – in Bosanka Posavina and in Western Bosnia.

Page 1, Criteria for determining the territory of the Federation of BiH, NOTE:
a) As a separate project, a proposal listing potential corridors will be prepared which shall serve as a possible basis for the continuation of peace talks.

Page 1, Criteria for determining the territory of the Federation of BiH, NOTE:
...
b) Areas with majorities of Bosniak and Croat populations outside the Federation territory shall be discussed in ongoing peace talks.

Page 2, Principles of Canton Formation, 7.
The boundaries of border municipalities may be amended by either excluding or including areas with a majority of either Bosniak or Croat population into the relevant canton.

Page 2, Principles of Canton Formation, 9.
The borders between cantons shall not be amended without a decision by the Federation Parliament, which must take into account the principle of vital national interest in decision-making.

Page 2, Principles of Canton Formation, 10.
A joint parliamentary (mixed) commission of Bosniak and Croat representatives shall be established to accurately determine and mark the borders in accordance with the above principles.
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: No specific mention.
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: 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: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: Page 4, Agreement on the Division of Responsibilities within the Federation of BiH, VI.
A parity commission will be established for tracing disappeared persons.
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: Slobodan Praljak
http://www.slobodanpraljak.com/

Vienna agreements:

Criteria for Determining the Territory of the Federation of Bosnia and Herzegovina, Principles of the Formation of Cantons, Agreement on the Distribution of Highest Offices (Vienna, 8 to 11 May 1994).*

Criteria for determining the territory of the Federation of BiH.

The Federation territory shall be determined according to the following criteria:

1. Pursuant of Article 1, Chapter 1 of the Federation of BiH Constitution, the Federation’s territory consists of areas with a majority of Bosniak and Croat population.

2. These areas are municipalities which, according to the 1991 census, had a majority of Bosniak and Croat population.

3. The boundaries of the areas from Point 2 in border municipalities shall be amended by excluding areas with a majority of Serb population, or including areas with a majority of Bosniak or Croat population from neighbouring municipalities.

4. The main goal in determining the Federation’s territory is that is it essential for it to include those territories with predominantly Bosniak or Croat populations in Eastern Bosnia – along the Drina River – in Bosanka Posavina and in Western Bosnia.

NOTE:

As a separate project, a proposal listing potential corridors will be prepared which shall serve as a possible basis for the continuation of peace talks.

Areas with majorities of Bosniak and Croat populations outside the Federation territory shall be discussed in ongoing peace talks.

It is agreed that, with the help and authority of the international community, refugees and displaced persons will return to their original place of residence within the whole of Bosnia and Herzegovina.

This is an essential part of the peace agreement for Bosnia and Herzegovina.

An integral part of these criteria is the map of the Federation.

Krešimir Zubak Haris Silajdžić

At the American Embassy in Vienna, 8 May 1994

Principles of Canton Formation

1. Cantons are the form of territorial organisation of Bosnia and Herzegovina.

2. Cantons are federal units and are the form of decentralisation of the state.

3. Cantons shall be named solely after the cities which are the seats of the respective Cantonal governments or after regional geographic features.

4. Cantons shall be living areas shared by their constituent peoples and citizens.

5. Cantons shall be territorially organised according to principles of ethnicity, economy, geography and communications.

6. Cantons shall consist of municipalities which, according to the 1991 census, had a majority Bosniak and Croat population.

7. The boundaries of border municipalities may be amended by either excluding or including areas with a majority of either Bosniak or Croat population into the relevant canton.

8. Municipalities where the majority population is not the same as the canton majority, shall have special status in accordance with the Federation Constitution.

9. The borders between cantons shall not be amended without a decision by the Federation Parliament, which must take into account the principle of vital national interest in decision-making.

10. A joint parliamentary (mixed) commission of Bosniak and Croat representatives shall be established to accurately determine and mark the borders in accordance with the above principles.

11. There shall be no border control between cantons.

NOTE:

A separate agreement – an annex to this document – shall resolve the issue of areas which were not previously organised as municipalities, but where there are now reasons for creating municipalities, in order to exercise rights outlined in Chapter 5, Article 2.2 of the Federation Constitution.

In Vienna, 8 May 1994

Krešimir Zubak Haris Silajdžić

Agreement on the Division of Responsibilities within the Federation of BiH

(Vienna, 11 May 1994)

In accordance with the decisions reached by the Constitutional Assembly of the Federation of BiH at the meeting held from 7 to 11 May 1994 in Vienna, official representatives reached the following

AGREEMENT

I. A proposal shall be submitted to the Constitutional Assembly that the first Federation president during the 6-month transition period shall be from the Croat people, while the Federation vice-president for the same period shall be from the Bosniak people.

After this 6-month period, the presidency shall be held by a member from the Bosniak people, while the office of the vice-president shall be held by a member of the Croat people.

The first Federation president after the transition period shall be a member of the Bosniak people.

II. During the reconstitution of the Government, it shall be guaranteed that the duty of the prime minister will be carried out by a member of the Bosniak people, while the deputy prime minister shall be from the Croat people.

The deputy prime minister shall head the Ministry of Defence.

There shall be a proposal on the Law on the Federation Government calling for the Federation Government to consist of a president, a vice-president, 11 cabinet ministers and 4 ministers without portfolios.

Ministers who are Bosniaks shall head the following ministries:

Ministry of Internal Affairs;

Ministry of Foreign Affairs;

Ministry of Transport and Communications;

Ministry of Energy and Industry;

Ministry of Spatial Planning, Resources and the Environment;

Ministry for Refugees and Social Policy;

Ministry of Education, Science and Culture.

Ministers who are Croats shall head the following ministries:

Ministry of Defence (deputy prime minister);

Ministry of Finance;

Ministry of Justice;

Ministry of Business;

Ministry of Health.

Out of the 4 ministers without portfolios, one shall be a Croat.

III. The Federation territory shall be determined according to the mutually agreed criteria enclosed with this agreement.

Maps showing the Federation territory and its cantons are an essential part of this agreement.

IV. The Federation of BiH shall have two cantons with a special status:

the Central Bosnia Canton and the Neretva Canton (these are working names for the cantons).

Following the above, it is suggested that the Constitution of the Federation is amended to correspond with the decisions of the Federation, so that the equal status of all constituent peoples within the Federation of BiH is guaranteed.

The agreed text of the proposed amendment to the Constitution of the Federation of BiH is part of this agreement.

All municipalities in cantons with special status will have the authority outlined in Chapter 5, 1,2(2) of the Constitution of the Federation BiH, if they request such status.

The presidents of these two cantons cannot be from the same constituent people at the same time.

V. The signatories to the Agreement agree that they will immediately start appointing municipal governmental bodies in accordance with the Constitution of the Federation of BiH.

Where there is a justifiable interest, on the basis of unique criteria defined in accordance with the Constitution, they will enable the formation and amendment of municipality borders (for example, in Usora).

VI. A parity commission will be established for tracing disappeared persons.

VII. The signatories agree that they will suggest that the Constitutional Assembly of the Federation of BiH shall make decisions within their jurisdiction in accordance with this agreement.

The signatories to these agreements would like to thank the US Government representatives and the staff from the US Embassy in Vienna for their help and support in drafting these agreements.

In Vienna, 11 May 1994.

Krešimir Zubak Dr Haris Silajdžić