Agreement

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement
Date: 6 Apr 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: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: Amor Mašović [for the Bosniak commission]; Dragan Bulajić [for the Serbian commission]; SPABAT [UNPROFOR]
Third parties: -
Description: Agreement made at a meeting of the Joint Commission to begin an exchange of unburied dead soldiers from both the Bosnian and Serbian sides, with the support of SPABAT.

Agreement document: BA_950406_Sporazum_tr.pdf (opens in new tab) | Download PDF
Agreement document (original language): BA_950406_Sporazum_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: 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: 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: Page 1, 1.
The prisoner exchange commission will hold a meeting on 9 April 1995, at the Podveležje division line to agree on the process for retrieving the unburied bodies of dead soldiers from sites.

Page 1, 2.
On 11 April 1995 at 1000hrs, the bodies from Item 1 will be retrieved with the support from SABAT, so they can be handed over to the relevant side.

Page 1, 3.
Both sides agree that they will exchange the following available information, no later than 11 April 1995, on dead soldiers:
a) Bosniak side:
1) for the Mostar municipality area (city and surrounding area) from 1992.
2) for the Konjic municipality area (Bradina, 1992, and Ljuta, 1994)
b) Serb side:
1) for the Nevesinje municipality area from 1994.
2) for the mountains Trebević, Jahorina, Bjelašnica, Treskavica and Igman from December 1992, winter 1994, and summer 1993.
3) for the Konjic municipality area (Borci, Glavatićevo, Bijelo and Treskavica) for the period between 1992 and 1994.

Page 1, 4.
On 17 April 1995, the Serb side will hand over one half of the bodies of soldiers from the 4th BH Army Corps from the Nevesinje war front, while the Bosniak side will hand over the bodies of Serb soldiers killed within the Mostar area.

Page 2, 5.
On 26 April 1995, the Serb side will hand over all remaining bodies of soldiers from the 4th BH Army Corps from the Nevesinje war front, as well as the bodies of soldiers killed in December 1992 on Trebevica, Jahorina, Bjelašnica, those killed during the summer of 1993 on Igman, and in 1994 within the Konjic municipality. The Bosniak side will hand over the bodies of Serb soldiers killed within the Konjic area during the period between 1992 and 1994.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: SPABAT [UNPROFOR]
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/

On 6 April 1995, the Joint Commission held a meeting in the SPABAT base, Mostar, which was attended by:

From the Bosniak commission:

Mr Amor Mašović

Mr Jasmin Odobašić

Mr Ramiz Leto

Mr Jusuf Jelin

Mr Zijo Oručević

Mr Amer Bilalović

Mr Sead Koso

Miss Dženana Pekmezović

Mr Kemal Draganović

From the Serbian commission:

Mr Dragan Bulajić

Mr Darko Krtinić

Mr Žarko Hrnjez

Mr Brane Lubura

With the aim of implementing the final point of the Medjugorje agreement dated 11 March 1995, the exchange commission representatives who attended the meeting held on 6 April 1995 in Mostar reached the following

AGREEMENT

The prisoner exchange commission will hold a meeting on 9 April 1995, at the Podveležje division line to agree on the process for retrieving the unburied bodies of dead soldiers from sites.

On 11 April 1995 at 1000hrs, the bodies from Item 1 will be retrieved with the support from SABAT, so they can be handed over to the relevant side.

Both sides agree that they will exchange the following available information, no later than 11 April 1995, on dead soldiers:

Bosniak side:

1) for the Mostar municipality area (city and surrounding area) from 1992.

2) for the Konjic municipality area (Bradina, 1992, and Ljuta, 1994)

b) Serb side:

1) for the Nevesinje municipality area from 1994.

2) for the mountains Trebević, Jahorina, Bjelašnica, Treskavica and Igman from December 1992, winter 1994, and summer 1993.

3) for the Konjic municipality area (Borci, Glavatićevo, Bijelo and Treskavica) for the period between 1992 and 1994.

4. On 17 April 1995, the Serb side will hand over one half of the bodies of soldiers from the 4th BH Army Corps from the Nevesinje war front, while the Bosniak side will hand over the bodies of Serb soldiers killed within the Mostar area.

5. On 26 April 1995, the Serb side will hand over all remaining bodies of soldiers from the 4th BH Army Corps from the Nevesinje war front, as well as the bodies of soldiers killed in December 1992 on Trebevica, Jahorina, Bjelašnica, those killed during the summer of 1993 on Igman, and in 1994 within the Konjic municipality.

The Bosniak side will hand over the bodies of Serb soldiers killed within the Konjic area during the period between 1992 and 1994.

Amor Mašović

[signature]

Dragan Bulajić

[signature]

Spabat

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