Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina, Dayton

Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina, Dayton
Date
10 Nov 1995
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict
Stage
Implementation/renegotiation
Conflict nature
Government/territory
Peace process
Bosnia peace process
Parties
To the Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina:
Alija Izetbegovic, President of the Republic of Bosnia and Herzegovina; Kresimir Zubak, President of the Federation of Bosnia and Herzegovina; Dr. Haris Silajdzic, Prime Minister; Jadranko Prlic, Deputy Prime Minister

To the signed Annex to the Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina - Agreed Principles for the Interim Statute for the City of Mostar:
Mijo Brajkovic, Mayor of West Mostar; Hans Koachnik, EU Admininstrator; Safet Orucevic, Mayor of East Mostar

To the Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina:
Endorsed by: Dr. Franjo Tudjman, President of the Republic of Croatia
Third parties
Witnessed by: Ambassador Wolfgang Ischinger, Federal Republic of Germany; Ambassador Richard Holbrooke, United States of America; Ambassador Fernandez de la Pena, Spanish EU Presidency; Hans Koschnick, EU Administrator Mostar

To the signed Annex to the Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina - Agreed Principles for the Interim Statute for the City of Mostar:
Muhamed Sacirbey, Minister of Foreign Affairs of the Republic of Bosnia and Herzegovina; Gojko Susak, Minister of Defense of the Republic of Croatia; Ambassador Wolfgang Ischinger, Federal Republic of Germany; Ambassador Fernandez de la Pena, Spanish EU Presidency
Description
This agreement provides for transfer of powers from Government of the Republic of Bosnia and Herzegovina to the Government of the Federation of Bosnia and Herzegovina, and for implementing legislation in the parliaments of the Federation and the Republic to that end. The signed Annex contains Agreed Principles for the Interim Statute for the City of Mostar.

Groups

Children/youth
Groups→Children/youth→Substantive
Page 9, II. Decisions, I, Article 2
...As a first step, existing regulations shall be fully implemented to take effect by 1
December, in order to provide:... an unlimited number of crossings for women, children and men not of military age or military obligation, as well as simpler procedures for the crossings, without prior registration.
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
Groups→Refugees/displaced persons→Substantive
Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5. The responsibilities of the Government of the Federation and other constituent Federation institutions shall include:...- Refugees, displaced persons and social policy

Page 7, D. Territory of the Federation
3. All pre-war inhabitants of the new territories shall be allowed free, unimpeded and immediate return to their homes of origin.

Page 7, E. Refugees and Displaced Persons
By 10 December 1995, the Minister for Refugees and Social Policies and his Deputy Minister together shall establish a comprehensive and detailed plan for the return of refugees and displaced persons in the Federation territory. Implementation of this plan will begin immediately. We shall closely cooperate with the UNHCR in developing and implementing the plan. This plan shall conform to any programme for the return of refugees and displaced persons developed pursuant to the final peace settlement.

Page 9, II. Decisions, I. Mostar
6. In order to create the conditions for the return of refugees and displaced persons to their homes, the Decrees on Tenants' Rights of the EU Administrator shall be strictly respected and their implementation encouraged. To start the process of reciprocal return, a substantial number of displaced persons shall be immediately allowed to return to houses owned by them in Mostar, independently of any global solution within the Federation.

Page 10, III. Reporting Obligations
Starting one week after the signing of this Agreement, we shall submit every two weeks joint reports on the implementation of this Agreement to the witnesses. In particular, we shall report on:...- Preparation of the plan for the return of refugees and displaced persons, which we shall submit immediately after adoption, and progress in its implementation.
Social class

No specific mention.

Gender

Women, girls and gender
Page 9, II. Decisions, I, Article 2
...As a first step, existing regulations shall be fully implemented to take effect by 1
December, in order to provide:... an unlimited number of crossings for women, children and men not of military age or military obligation, as well as simpler procedures for the crossings, without prior registration.
Men and boys
Gender→Men and boys→Gender neutral wording
Page 9, II. Decisions, I, Article 2
...As a first step, existing regulations shall be fully implemented to take effect by 1
December, in order to provide:... an unlimited number of crossings for women, children and men not of military age or military obligation, as well as simpler procedures for the crossings, without prior registration.
LGBTI

No specific mention.

Family

No specific mention.

State definition

Nature of state (general)

No specific mention.

State configuration
Page 1, I. General Principles
The complete establishment of the Federation of Bosnia and Herzegovina is an essential
prerequisite for peace in Bosnia and Herzegovina. Without a strong and fully functioning Federation, as one of the two constituent entities of Bosnia and Herzegovina, the proximity talks in Dayton cannot result in a lasting peaceful settlement... The responsibilities and the organization of the Government of the federation and the Government of the Republic of Bosnia and Herzegovina must be separated... Without prejudice to the continuing sovereignty and territorial integrity of Bosnia and Herzegovina, the Government or the Republic must now transfer functions to the Government of the Federation in accordance with the Federation Constitution.
Self determination

No specific mention.

Referendum

No specific mention.

State symbols
Page 4, II. Decisions
9. In accordance with Chapter J, Article 4 of the Federation Constitution, the capital of the Federation shall remain Sarajevo.
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)→New political institutions (indefinite)
Page 2, II. Decisions A. Transfer of Responsibilities to the Federation
3. The Government of the Republic shall keep those functions which enable it to act as the government of the internationally recognized state of Bosnia and Herzegovina. All other civilian functions of the Government or the Republic shall be transferred to the Government of the Federation within one month after adoption of this legislation. In addition, all functions of existing local civilian authorities and organs in the areas of the Federation controlled by the ARBiH shall be transferred to Federation institutions, and these authorities and organs shall be dissolved one month after adoption of this legislation.

Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
4. In parallel with the transfer of functions from the Government of the Republic to the Government of the Federation, a transfer of all functions of existing civilian authorities and organs in the areas of the Federation controlled by the HVO to Federation institutions shall take place, and these authorities and organs shall be dissolved one month after the adoption of this legislation.

Page 4, II. Decisions A. Transfer of Responsibilities to the Federation
13. The inaugural session of the newly established Government of the Federation shall be held in Sarajevo and subsequently in Mostar one month after the option of this legislation. Senior officials of the witnesses of this Agreement shall be invited to the inaugural session.

Page 6, C. Cantons and Municipalities
2. All interim cantonal legislatures shall be convened by 1 December 1995. In addition, all interim cantonal government positions shall be filled by that date.

Page 10, III. Reporting Obligations
Starting one week after the signing of this Agreement, we shall submit every two weeks joint reports on the implementation of this Agreement to the witnesses. In particular, we shall report on:... - Concrete preparations for the establishment of the new Federation Ministries in Sarajevo and Mostar, both with regard to facilities and staff composition, as well as to the practical provisions for the necessary movement of ministerial staff.
Governance→Political institutions (new or reformed)→Temporary new institutions
Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
7. The City of Mostar shall be governed by a City Council. The six City-Municipalities shall be governed by City-Municipal Councils.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
8. The City Council shall be composed of 48 members, of which 16 seats shall be reserved for representatives of the Croatian community, 16 seats for representatives of the Bosniac community and 16 seats for others. Of the 16 seats for others, 11 seats shall remain vacant for an interim period. Each City-Municipality shall elect four members to the City Council. The remaining members of the City Council shall be elected on a city-wide list.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
9. Bach City-Municipal Council shall be composed of 25 members. The composition of the
City-Municipal Councils shall reflect the composition of the population of the respective City-Municipality according to the 1991 census.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
10. The members of the City Council and the City-Municipal Councils shall be elected in direct and free elections.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
11. The City Council and the City-Municipal Council shall elect their executive officers.
Elections
Page 8, I. Mostar
In parallel to the adoption of the Interim Statute, we request the EU Administrator to issue a decree on the conduct of elections for the City Council and the City-Municipal Councils on the basis of the principles for the Interim Statute in the Annex. These elections shall take place no later than 31 May 1996.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
8...Each City-Municipality shall elect four members to the City Council. The remaining members of the City Council shall be elected on a city-wide list.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
10. The members of the City Council and the City-Municipal Councils shall be elected in direct and free elections.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
12. Any person age eighteen or older who is identified in the 1991 census as a permanent resident of the municipality of Mostar and who still has his or her permanent residence in the City of Mostar at the time of the elections shall be eligible to vote for and be elected to the City Council and the City-Municipal Councils.
Electoral commission

No specific mention.

Political parties reform

No specific mention.

Civil society

No specific mention.

Traditional/religious leaders

No specific mention.

Public administration
Page 4, II. Decisions A. Transfer of Responsibilities to the Federation
8. Ministers, Deputy Ministers and ministerial staff shall not hold offices in both
governments. Ministries shall be adequately staffed. Within one month after the adoption of this legislation the staff shall be newly appointed by the relevant Ministers and their Deputy ministers. The staff composition shall duly reflect the composition of the population.

Page 10, III. Reporting Obligations
Starting one week after the signing of this Agreement, we shall submit every two weeks
joint reports on the implementation of this Agreement to the witnesses. In particular, we shall report on:... - Steps undertaken to transfer the functions of existing non-Federation civilian authorities and organs to the Federation.
Constitution
Governance→Constitution→Constitution affirmation/renewal
Page 1, I. General Principles
... Twenty months after the adoption of the Federation Constitution, the process of strengthening the Federation and building trust between its constituent peoples has still not produced satisfactory results... Without prejudice to the continuing sovereignty and territorial integrity of Bosnia and Herzegovina, the Government or the Republic must now transfer functions to the Government of the Federation in accordance with the Federation Constitution... The Government of the Republic must retain only those functions that enable it to act as the government of the internationally recognised state of Bosnia and Herzegovina, in accordance with the Constitution of Bosnia and Herzegovina developed during the proximity talks in Dayton.

Page 4, II. Decisions A. Transfer of Responsibilities to the Federation
9. In accordance with Chapter 1, Article 4 of the Federation Constitution, the capital of the Federation shall remain Sarajevo.

Page 6, B. Fiscal, Customs and Budgetary Matters for the Federation
7. We shall conclude an agreement on the Central Bank in consultation with the IMF and
in accordance with the Constitution or the Federation by 10 December 1995. This agreement shall be brought into conformity with a peace settlement for Bosnia and Herzegovina, when adopted.

Page 6, D. Territory of the Federation
2. The territories which are currently under control of the ARBIH/HVO, but which are not
included within a Federation canton ("new territories"), shall be administered in
accordance with the Federation Constitution. Interim municipal governments shall be
established in the new territories in accordance with the provisions regarding these
governments in the Federation Constitution and all other relevant agreements.

Page 8, I. Mostar
In accordance with the guarantees of the Federation Constitution for human rights and
freedoms, freedom of movement shall be implemented in Mostar as well as within the entire Federation territory.

Power sharing

Political power sharing
Power sharing→Political power sharing→General
Sub-state level
Page 8, I. Mostar
. . .
2. WE agree on the principles for the Interim Statute for the City of Mostar as defined in the Annex which forms an integral part of this Agreement. We shall ensure that the Interim Statute for the City of Mostar shall be finalized on the basis of these principles by 31 December 1995. This Interim Statute shall preserve the unity of the city Mostar shall have a single administration. The Interim Statute shall ensure the national, religious and cultural identity of the population within six City-Municipalities.
Power sharing→Political power sharing→Proportionality in legislature
Sub-state level
Page 6, Cantons and Municipalities
. . .
3. Those municipalities that have selected their five delegates to the interim cantonal legislatures by 2 December 1995 shall be represented in the interim cantonal legislatures. Those municipalities that have not yet selected their five delegates shall be represented upon the selection of their delegates.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
8. The City Council shall be composed of 48 members, of which 16 seats shall be reserved for representatives of the Croatian community, 16 seats for representatives of the Bosniac community and 16 seats for others. Of the 16 seats for others, 11 seats shall remain vacant for an interim period.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar

9. Each City-Municipal Council shall be composed of 25 members. The composition of the City-Municipal Councils shall reflect the composition of the population of the respective City-Municipality according to the 1991 census.
Power sharing→Political power sharing→Other proportionality
Sub-state level
Page 4, II. Decisions A. Transfer of Responsibilities to the Federation
8. Ministers, Deputy Ministers and ministerial staff shall not hold offices in both governments. Ministries shall be adequately staffed. Within one month after the adoption of this legislation the staff shall be newly appointed by the relevant Ministers and their Deputy ministers. The staff composition shall duly reflect the composition of the population.
Power sharing→Political power sharing→International involvement
Sub-state level
Page 8, I. Mostar
1. The Memorandum of Understanding for the EU Administration of 6 July 1994 shall be fully implemented.

Page 8, I. Mostar
2. We agree on the principles for the Interim Statute for the City of Mostar as defined in
the Annex which forms an integral part of this Agreement. We shall ensure that the Interim Statute for the City of Mostar will be finalized on the basis of these principles by 31 December 1995. This Interim Statute shall preserve the unity of the city. Mostar shall have a single administration. The Interim Statute shall ensure the national, religious and cultural identity of the population within six City-Municipalities. In parallel to the adoption of the Interim Statute, we request the EU Administrator to issue a decree on the conduct of elections for the City Council and the City-Municipal Councils on the basis of the principles for the Interim Statute in the Annex. These elections shall take place no later than 31 May 1996.

Page 9, II. Decisions, I. Mostar
4. The second phase of the United Police Force Mostar (UPFM) shall be implemented without further delay, notably:... - unhindered recruitment of local police officers for the UPFM, who cannot be replaced without prior agreement of the EU Administration and the local administrations.
Territorial power sharing
Power sharing→Territorial power sharing→Federal or similar sub-divided government
[Summary: Page 1-15, the agreement in its entirety provides for the establishment of the Federation of Bosnia and Herzegovina]

Page 1, I. General Principles
The complete establishment of the Federation or Bosnia and Herzegovina is an essential
prerequisite for peace in Bosnia and Herzegovina. Without a strong and fully functioning Federation. as one of the two constituent entities of Bosnia and Herzegovina, the proximity talks in Dayton cannot result in a lasting peaceful settlement... The responsibilities and the organization of the Government of the federation and the
Government of the Republic of Bosnia and Herzegovina must be separated... Without prejudice to the continuing sovereignty and territorial integrity of Bosnia and Herzegovina, the Government or the Republic must now transfer functions to the Government of the Federation in accordance with the Federation Constitution... The Government of the Republic must retain only those functions that enable it to act as
the government of the internationally recognised state of Bosnia and Herzegovina, in accordance with the Constitution of Bosnia and Herzegovina developed during the proximity talks in Dayton. All other functions will be transferred to the Government of the Federation.

Page 2, II. Decisions A. Transfer of Responsibilities to the Federation
By 10 December 1995, we shall introduce in the Constituent Assembly of the Federation and the Assembly of the Republic legislation that encompasses the following provisions on the functions and powers, of the Federation and Republic Governments, with a view to passage by 20 December:

Page 2, II. Decisions A. Transfer of Responsibilities to the Federation
1. One month after the adoption of this legislation, the Federation shall assume exclusive governmental authority on the Federation, cantonal and municipal levels in the entire Federation territory within the areas of its responsibilities.
2. For this purpose, there shall be within one month after the adoption of this legislation a complete functional separation of competencies between the governments of the Federation and the Republic.
3. The Government of the Republic shall keep those functions which enable it to act as the government of the internationally recognized state of Bosnia and Herzegovina. All other civilian functions of the Government or the Republic shall be transferred to the Government of the Federation within one month after adoption of this legislation. In addition, all functions of existing local civilian authorities and organs in the areas of the Federation controlled by the ARBiH shall be transferred to Federation institutions, and these authorities and organs shall be dissolved one month after adoption of this legislation.

Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5., 6. [Summary: These articles list the division of responsibilities between the Government of the Federation and the Government of the Republic, see 'Army', 'Criminal Justice', 'Taxation, 'Socio-Economic', 'Business', 'Media and Communications', 'Refugees', 'Environment', 'Natural Resources', 'Citizenship' and 'Army' for full provisions.]

Page 4, II. Decisions A. Transfer of Responsibilities to the Federation
8. Ministers, Deputy Ministers and ministerial staff shall not hold offices in both
governments. Ministries shall be adequately staffed. Within one month after the adoption of this legislation the staff shall be newly appointed by the relevant Ministers and their Deputy ministers. The staff composition shall duly reflect the composition of the population.

Page 4, II. Decisions A. Transfer of Responsibilities to the Federation
9. In accordance with Chapter 1, Article 4 of the Federation Constitution, the capital of the Federation shall remain Sarajevo.

Page 4, II. Decisions A. Transfer of Responsibilities to the Federation
10. The President, the Vice-President, the Prime Minister and the Deputy Prime Minister of the Federation shall have a joint branch office in Mostar.

Page 5, B. Fiscal, Customs and Budgetary Matters for the Federation
[Summary: This section in its entirety outlines financial arrangements for the Federation, see 'Banks', 'Taxation', and 'Army' for full provisions.]

Page 6, D. Territory of the Federation
1. The boundaries of the Federation shall ultimately be defined in the peace settlement for Bosnia and Herzegovina.

Page 10, III. Reporting Obligations
Starting one week after the signing of this Agreement, we shall submit every two weeks
joint reports on the implementation of this Agreement to the witnesses. In particular, we shall report on:
- Adoption of the draft legislation referred to in section II A of this Agreement by
the Constituent Assembly or the Federation and the Assembly of the Republic.
- Concrete preparations for the establishment of the new Federation Ministries in Sarajevo and Mostar, both with regard to facilities and staff composition, as well as to the practical provisions for the necessary movement of ministerial staff.
- Steps undertaken to transfer the functions of existing non-Federation civilian
authorities and organs to the Federation.
- Implementation of the Rulings of the Federation Arbitrator...
Power sharing→Territorial power sharing→Local/municipal government
Page 6, C. Cantons and Municipalities
2. AU interim cantonal legislatures shall be convened by 1 December 1995. In addition, all interim cantonal government positions shall be filled by that date.

Page 6, C. Cantons and Municipalities
3. Those municipalities that have selected their five delegates to the interim cantonal
legislatures by 1 December 1995 shall be represented in the interim cantonal legislatures. Those municipalities that have not yet selected more five delegates shall be represented upon the selection of their delegates.

Page 6, D. Territory of the Federation
2. The territories which are currently under control of the ARBIH/HVO, but which are not
included within a Federation canton ("new territories"), shall be administered in
accordance with the Federation Constitution. Interim municipal governments shall be
established in the new territories in accordance with the provisions regarding these
governments in the Federation Constitution and all other relevant agreements.

Page 7, D. Territory of the Federation
4. Immediately after the agreement on the delimitation between the two entities in Bosnia and Herzegovina in the final peace settlement we shall conclude the negotiations on cantonal and municipal arrangements for the new territories.

Page 8, I. Mostar
2. We agree on the principles fir die Interim Statute for the City of Mostar as defined in the Annex which forms an integral part of this Agreement. We shall ensure that the
Interim Statute for the City of Mostar shall be finalized on the basis of these principles by 31 December 1995. This Interim Statute shall preserve the unity of the city. Mostar shall have a single administration. The Interim Stature shall ensure the national, religious and cultural identity of the population within six City-Municipalities.

Page 12, Annex: Agreed Principles for the Interim Statute for the City of Mostar
1. The legal and functional unity of the City or Mostar shall be preserved.

Page 12, Annex: Agreed Principles for the Interim Statute for the City of Mostar
2. The territory of the City of Mostar shall comprise the whole area of the municipality of Mostar as it existed on 1 January 1991.

Page 12, Annex: Agreed Principles for the Interim Statute for the City of Mostar
3. The City of Mostar shall be composed of six separate City-Municipalities. The boundaries of these City-Municipalities shall be defined in the Interim Statute for the City of Mostar.

Page 12, Annex: Agreed Principles for the Interim Statute for the City of Mostar
4. The City-Municipalities shall have all those responsibilities that are not explicitly assigned to the City of Mostar in the Interim Statute.

Page 12, Annex: Agreed Principles for the Interim Statute for the City of Mostar
5. The responsibilities of the City of Mostar shall include:
- Finance and Tax Policies if not otherwise regulated by Federation or cantonal legislation
- Urban Planning
- Infrastructure (Water, Electricity)
- Economic Policy if not otherwise regulated by Federation or cantonal legislation
- Public Transportation, including Railroad
- Mostar Airport
Additional responsibilities may be delegated to the City of Mostar by the City- Municipalities.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
6. All other local responsibilities are in the competence of the City-Municipalities.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
7. The City of Mostar shall be governed by a City Council. The six City-Municipalities shall be governed by City-Municipal Councils.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
8. The City Council shall be composed of 48 members, of which 16 seats shall be reserved for representatives of the Croatian community, 16 seats for representatives of the Bosniac community and 16 seats for others. Of the 16 seats for others, 11 seats shall remain vacant for an interim period. Each City-Municipality shall elect four members to the City Council. The remaining members of the City Council shall be elected on a city-wide list.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
9. Each City-Municipal Council shall be composed of 25 members. The composition of the
City-Municipal Councils shall reflect the composition of the population of the respective City-Municipality according to the 1991 census.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
10. The members of the City Council and the City-Municipal Councils shall be elected in direct and free elections.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
11. The City Council and the City-Municipal Councils shall elect their executive officers.

Page 13, Annex: Agreed Principles for the Interim Statute for the City of Mostar
12. Any person age eighteen or older who is identified in the 1991 census as a permanent resident of the municipality of Mostar and who still has his or her permanent residence in the City of Mostar at the time of the elections shall be eligible to vote for and be elected to the City Council and the City-Municipal Councils.
Power sharing→Territorial power sharing→Other
Page 6, D. Territory of the Federation
1. The boundaries of the Federation shall ultimately be defined in the peace settlement for Bosnia and Herzegovina.

Page 7, D. Territory of the Federation
4. Immediately after the agreement on the delimitation between the two entities in Bosnia and Herzegovina in the final peace settlement we shall conclude the negotiations on cantonal and municipal arrangements for the new territories.

Page 10, III. Reporting Obligations
Starting one week after the signing of this Agreement, we shall submit every two weeks joint reports on the implementation of this Agreement to the witnesses. In particular, we
shall report on:...Implementation of the arguments on the new territories.
Economic power sharing

No specific mention.

Military power sharing
Power sharing→Military power sharing→Joint command structures
Page 9, I Mostar
. . .
4. The second phase of the United Police Force Mostar (UPFM) shall be implemented without further delay, notably:
- the establishment of joint headquarters (access to which will be policed only by joint patrols).
- unhindered recruitment of local police offers for the UPFM, who cannot be replaced without prior agreement of the EU Administration and the local administrations.

With the establishment of the new Federation Government, the third phase of the UPFM sould start.
Power sharing→Military power sharing→Proportionality
Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5. The responsibilities of the Government of the Federation and other constituent Federation institutions shall include: - Defense

Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
6. The responsibilities of the Government of the Republic shall include:
... Civilian coordination of the activities of the armed forces in the whole territory of Bosnia and Herzegovina.

Page 5, B. Fiscal, Customs and Budgetary Matters for the Federation
3. ... The 1996 Federation budget shall not include military expenditures or social transfers.

Page 8, H. Defense
1. By 10 December 1995, we shall introduce in the Constituent Assembly of the Federation the Basic Defense Law, providing (or a unified Federation Army above the
corps level up to the Joint Command, with a view to adoption by 20 December.
2. We shall seek international assistance in converting the current joint staff to a Joint
Planning Staff for all federation Forces.

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
Rights related issues→Citizenship→Citizen, general
Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
6. The responsibilities of the Government of the Republic shall include:... - Immigration regulation and Republic citizenship
Rights related issues→Citizenship→Citizens, specific rights
Page 8, II. Decisions I. Mostar
3. ... One month after the adoption of the legislation referred to in section II A of this
Agreement, complete and unlimited freedom of movement: for all citizens of Mostar shall be implemented.
Democracy

No specific mention.

Detention procedures

No specific mention.

Media and communication
Rights related issues→Media and communication→Governance of media
Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5. The responsibilities of the Government of the Federation and other constitutent Federation institutions shall include:... - Traffic and communications
Mobility/access
Page 6, II. Decisions, B. Fiscal, Customs and Budgetary Matters for the Federation
2. ...By 10 December 1995. a Federation Customs Administration will be established, within the customs system of Bosnia and Herzegovina. By that date, all internal customs
checkpoints in the federation will be eliminated and full freedom of movement shall be
established.

Page 7, II. Decisions, D. Territory of the Federation
3. All pre-war inhabitants of the new territories shall be allowed free, unimpeded and
immediate return to their homes of origin.

Page 8, I. Mostar
In accordance with the guarantees of the Federation Constitution for human rights and
freedoms, freedom of movement shall be implemented in Mostar as well as within the entire Federation territory. One month after the adoption of the legislation referred to in section II A of this Agreement, complete and unlimited freedom of movement for all citizens of Mostar shall be implemented.

Page 8-9, I. Mostar
As a first step, existing regulations shall be fully implemented to take effect by 1
December, in order to provide:
- an unlimited number of crossings for women, children and men not of military
age or military obligation, as well as simpler procedures for the crossings, without prior registration.
- unlimited and unobstructed access to the seal of the EU Administration of Mostar and of the Ombudsman for all citizens or Mostar.
- unlimited and unobstructed access to the Centre of Continual Medical Education (in West Mostar).
- unlimited and unobstructed access to the new training centre after its opening (in
East Mostar).
- unlimited access for those who are invited to attend cultural and other events on either side.
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
Justice sector reform→Criminal justice and emergency law→Criminal Justice System reform
Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5. The responsibilities of the Government of the Federation and other constituent Federation institutions shall include:... - Justice

Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
6. The responsibilities of the Government of the Republic shall include:
... International criminal law enforcement
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→Socio-economic development
Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5. The responsibilities of the Government of the Federation and other constituent Federation institutions shall include:... - Energy and industry... - Agriculture

Page 4, II. Decisions A. Transfer of Responsibilities to the Federation
11. The following ministries of the Government of the Federation shall be located in Mostar:... - Energy and Industry

Page 12, Annex: Agreed Principles for the Interim Statute for the City of Mostar
5. The responsibilities of the City of Mostar shall include: ... - Infrastructure (Water, Electricity) - Economic Policy if not otherwise regulated by Federation or cantonal legislation
National economic plan

No specific mention.

Natural resources
Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5. The responsibilities of the Government of the Federation and other constituent Federation institutions shall include:... - City planning, resources and environment
International funds
Page 6, B. Fiscal, Customs and Budgetary Matters for the Federation
6. We hereby invite interested governments and international organizations to provide
experts to assist the Governments of the Federation and the Republic and their organs
with financial and administrative questions.
Business
Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5. The responsibilities of the Government of the Federation and other constituent Federation institutions shall include:... - Commerce

Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
6. The responsibilities of the Government of the Republic shall include:... - Foreign trade

Page 4, II. Decisions A. Transfer of Responsibilities to the Federation
11. The following ministries of the Government of the Federation shall be located in Mostar:... Commerce

Page 8, II. Decisions H. Defense
2. We shall seek international assistance in converting the current joint staff to a Joint
Planning Staff for all Federation Forces.
Taxation
Socio-economic reconstruction→Taxation→Power to tax
Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5. The responsibilities of the Government of the Federation and other constituent Federation institutions shall include:... - Finance (budget, tax administration, customs collection)

Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
6. The responsibilities of the Government of the Republic shall include:... - Customs policy

Page 5, B. Fiscal, Customs and Budgetary Matters for the Federation
The Republic shall regulate the customs system and determine a joint customs policy. Beginning with the 1996 budget year, customs shall be collected by the Federation Customs Administration on behalf of the Republic. An agreed proportion of customs revenues, up to a specified amount (which amount shall be defined in relation to the Republic budget needs) shall accrue to the Republic budget. By 10 December 1995, this proportion, the specified amount and a technical mechanism (using the bureaus of payments) that shall ensure immediate and direct funding of the Republic and Federation budgets shall be agreed upon between the Federation and the Republic, in consultation with the International Monetary Fund (IMF). By 10 December 1995, a Federation Customs Administration will be established, within the customs system of Bosnia and Herzegovina. By that date, all Internal Customs checkpoints in the federation will be eliminated and full freedom of movement shall be established. The Republic may appoint representatives who shall be authorized to be present at every customs collection point along the international border.

Page 5, B. Fiscal, Customs and Budgetary Matters for the Federation
4. The Federation Tax Administration shall be activated and shall begin to work one
month after the adoption of the legislation referred to in section II A above.

Page 5, B. Fiscal, Customs and Budgetary Matters for the Federation
5. Cantonal budgets, based on sales and corporate taxes and other revenue sources, shall be completed, if possible with International technical assistance, by 31 March 1996.

Page 10, III. Reporting Obligations
Starting one week after the signing of this Agreement, we shall submit every two weeks
joint reports on the implementation of this Agreement to the witnesses. In particular, we shall report on:... - Implementation of the provisions on the merger of the two payments systems, the establishment of correspondent banking relations, the creation of the Federal Customs Administration, the Federal Tax Administration and the preparation of the Federation budget for 1996.
Page 12, Annex: Agreed Principles for the Interim Statute for the City of Mostar
5. The responsibilities of the City of Mostar shall include:
- Finance and Tax Policies if not otherwise regulated by Federation or cantonal legislation
Banks
Socio-economic reconstruction→Banks→Central bank
Page 5, B. Fiscal, Customs and Budgetary Matters for the Federation
1. We shall ensure that within five days after the signature of this agreement, the two existing payment systems in the Federation will be joined through the establishment of correspondent accounts among commercial banks and by linking these accounts through the bureaus of payments, using the Deutsche Mark as the common unit of account.

Page 6, B. Fiscal, Customs and Budgetary Matters for the Federation
7. We shall conclude an agreement on the Central Bank in consultation with the IMF and
in accordance with the Constitution or the Federation by 10 December 1995. This agreement shall be brought into conformity with a peace settlement for Bosnia and Herzegovina, when adopted.

Page 10, III. Reporting Obligations
Starting one week after the signing of this Agreement, we shall submit every two weeks
joint reports on the implementation of this Agreement to the witnesses. In particular, we shall report on:... - Implementation of the provisions on the merger of the two payments systems, the establishment of correspondent banking relations, the creation of the Federal Customs Administration, the Federal Tax Administration and the preparation of the Federation budget for 1996.
Socio-economic reconstruction→Banks→Personal or commercial banking
Page 5, B. Fiscal, Customs and Budgetary Matters for the Federation
1. We shall ensure that within five days after the signature of this agreement, the two existing payment systems in the Federation will be joined through the establishment of correspondent accounts among commercial banks and by linking these accounts through the bureaus of payments, using the Deutsche Mark as the common unit of account.
Socio-economic reconstruction→Banks→International finance
Page 6, B. Fiscal, Customs and Budgetary Matters for the Federation
8. International donations to Bosnia and Herzegovina shall be distributed in accordance
with the division of responsibilities between the Federation and the Republic.

Land, property and environment

Land reform/rights

No specific mention.

Pastoralist/nomadism rights

No specific mention.

Cultural heritage

No specific mention.

Environment
Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5. The responsibilities of the Government of the Federation and other constituent Federation institutions shall include:... - City planning, resources and environment
Water or riparian rights or access

No specific mention.

Security sector

Security Guarantees

No specific mention.

Ceasefire

No specific mention.

Police
Page 7, II. Decisions, G. Police
By 10 December 1995, we shall introduce in the Constituent Assembly of the Federation the Law on Internal Affairs of the Federation of Bosnia and Herzegovina with a view to adoption by 20 December, which shall be implemented one month after adoption.

Page 9, II. Decisions, I. Mostar
4. The second phase of the United Police Force Mostar (UPFM) shall be implemented without further delay, notably:
- the establishment of joint headquarters (access to which will be policed only by joint patrols).
- unhindered recruitment of local police officers for the UPFM, who cannot be replaced without prior agreement of the EU Administration and the local administrations.
- With the establishment of the: new Federation Government, the third phase of the UPFM should start.
Armed forces
[Note: any references to sub-state armed forces, including ARBiH, have been captured in para-statal forces]

Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
5. The responsibilities of the Government of the Federation and other constituent Federation institutions shall include: - Defense

Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
6. The responsibilities of the Government of the Republic shall include:
... Civilian coordination of the activities of the armed forces in the whole territory of Bosnia and Herzegovina.

Page 5, B. Fiscal, Customs and Budgetary Matters for the Federation
3. ... The 1996 Federation budget shall not include military expenditures or social transfers.

Page 8, H. Defense
1. By 10 December 1995, we shall introduce in the Constituent Assembly of the Federation the Basic Defense Law, providing (or a unified Federation Army above the
corps level up to the Joint Command, with a view to adoption by 20 December.
2. We shall seek international assistance in converting the current joint staff to a Joint
Planning Staff for all federation Forces.
DDR

No specific mention.

Intelligence services

No specific mention.

Parastatal/rebel and opposition group forces
Page 2, I. General Principles
... the existing civilian authorities and their organs in the areas or the federation controlled by the HVO must now transfer all their functions to the federation organs and be dissolved.

Page 2, II. Decisions A. Transfer of Responsibilities to the Federation
3. ... In addition, all functions of existing local civilian authorities and organs in the areas of the Federation controlled by the ARBiH shall be transferred to Federation institutions, and these authorities and organs shall be dissolved one month after adoption of this legislation.

Page 3, II. Decisions A. Transfer of Responsibilities to the Federation
4. In parallel with the transfer of functions from the Government of the Republic to the
Government of the Federation, a transfer of all functions of existing civilian authorities
and organs in the areas of the Federation controlled by the HVO to Federation institutions shall take place, and these authorities and organs shall be dissolved one month after the adoption of this legislation.

Page 4, II. Decisions A. Transfer of Responsibilities to the Federation
7. ... Furthermore, the division of responsibilities as set out in paragraphs 5 and 6 above shall not diminish the military authority of the ARBiH or the HVO.

Page 6, D. Territory of the Federation
2. The territories which are currently under control of the ARBIH/HVO, but which are not
included within a Federation canton ("new territories"), shall be administered in
accordance with the Federation Constitution. Interim municipal governments shall be
established in the new territories in accordance with the provisions regarding these
governments in the Federation Constitution and all other relevant agreements.
Withdrawal of foreign forces

No specific mention.

Corruption

No specific mention.

Crime/organised crime
Page 9, II. Decisions, I. Mostar
5. Forceful measures against organized crime shall be taken well before the newly established Federation Government is inaugurated.
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
To the Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina:
Endorsed by: Dr. Franjo Tudjman, President of the Republic of Croatia

To the signed Annex to the Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina - Agreed Principles for the Interim Statute for the City of Mostar:
Witnessed by: Hans Koachnik, EU Admininstrator;
Referendum for agreement

No specific mention.

International mission/force/similar

No specific mention.

Enforcement mechanism

No specific mention.

Related cases

No specific mention.

Source
Letter dated 95/12/07 from the representatives of Bosnia and Herzegovina and Croatia to the United Nations addressed to the Secretary-General
http://repository.un.org/

DAYTON AGREEMENT ON IMPLEMENTING THE FEDERATION OF BOSNIA AND HERZEGOVINA OF 10 NOVEMBER 1995

I. General Principles

The complete establishment of the Federation or Bosnia and Herzegovina is an essential prerequisite for peace in Bosnia and Herzegovina.

Without a strong and fully functioning Federation, as one of the two constitutent entities of Bosnia and Herzegovlna, the proximity talks in Dayton cannot result in a lasting peaceful settlement.

Twenty months after the adoption of the Federation Constitution, the process of strengthening the Federation and buildlng trust between its constituent peoples has still not produced satisfactory results.

We, the undersigned, have therefore agreed to radial steps to achieve the policical, economic and social integration of the Federation.

The responsibilities and the organization of the Govemment of the Federation and the Govementt of the Republic of Bosnia and Herzegovina must be separated.

While working together in a spirit of cooperation for the benefit of the populatlon, neither government may interfere In the exclusive competencies of the other government.

Without prejudice to the continuing sovereignty and territorial integrity of Bosnia and Herzegovina, the Government of the Republic must now transfer functions to the Government of the Federation in accordance wilh the Federation Constitution.

The Government of the Republic must retain only chose functions that enable it to act as the government of the internationally recognised state of Bosnia and Herzegovina, in accordance with the Constitution of Bosnia and Herzegovina developed during the proximity talks ln Dayton.

All other functions will be transferred to the Government of the Federation.

In parallel.

the existing civilian authorities and their organs In the areas of the Federation controlled by the HVO must now transfer all their functions to the Federation organs and be dissolved.

This Agreement shall be brought into conformity with a peace settlement for Bosnia and Herzegovina, when adopted.

In accordance with these prjnciples, we have agreed as follows:

II. Decisions

A. Transfer of Responsibilities to the Federation

By 10 December 1995, we shall introduce in the Constituent Assembly of the Federation and the Assembly of the Republic legislation that encompasses the following provisions on the functions and powers, of the Federation and Republic Govemments, with a view to a passage by 20 December:

1. One month after the adoption of this legislation, the Federation shall assume exclusive governmental authority on the Federation, cantonal and municipal levels in the entire Federation territory within the areas of its responsibilities.

2. For this purpose, there shall be within one month after the adoption of this legislation a complete functional separation of competencies between the governments of the Federation and the Republic.

3. The Government of the Republic shall keep those functions which enable it to act as the government of the internationally recognized state of Bosnia and Herzegovina.

All other civilian functions of the Government of the Republic shall be transferred to the Government of the Federation within one rnonth after adoption of this legislation.

In addition, all functions of existing local civilian authorities and organs in the areas of the

Federation controlled by the ARBiH shall be transferred to Federation institutions, and these authorities and organs shall be dissolved one month after adoption of this legislation.

4. In parallel with the transfer of functions from the Govemment of the Republic to the Government of the Federation, a transfer of all functions of existing civillian authorities and organs in the areas of the Federation controlled by the HVO to Federation institutions shall take place, and these authorities and organs shall be dissolved one month after the adoption or this legislation.

5. The Reponsibilities of the Government of the Federation and other constituent Federation institutions shall include:

Defense

Internal affairs

Justice

Finance (budget, tax administration, customs collection)

Energy and industry

Traffic and communications

Commerce

Agriculture

Education, science and culture

Refugees.

displaced persons and social policy

Health

City planning, resources and environment.

6. The responsibilities of the Government of the Republic shall include:

Foreign policy

Foreign trade

Customs policy

Common monetary policy

Finance (Repubic budget)

lmmigration regulation and Republic citizenship

lntemational criminal law enforcement

Common telecommunications

Air traffic control

Civilian coordination of the activities of the armed forces in the whole territory of Bosnia and Herzegovina.

7. The responsibilities as set out in paragraphs 5 and 6 above shall be brought into conformity with the functions as defined in a peace settlement for Bosnia and Herzegovina, when adopted.

Furthermore, the division of responsibilities as set out in paragraphs 5 and 6 above shall not diminish lhe military authority of the ARBiH or the HVO.

8. Ministers, Deputy Ministers and ministerial staff shall not hold offices in both governments.

Ministries shall be adequately staffed.

Within one month after the adoption of this legislation the staff shall be newly appointed by the relevant Ministers and their Deputy Ministers.

The staff composition shall duly reflect the composition of the population.

9. In accordance with Chapter 1, Article 4 of the Federation Constitution, the capital of the Federation shall remain Sarajevo.

10. The President, the Vice-President, the Prime Minister and the Deputy Prime Minister of the Federation shall have a joint branch office in Mostar.

11. The following ministries of the Government of the Federation shall be located in Mostar:

Commerce

Traffic and Communications

Energy and Industry

Education, Science and Culture.

12. The Government of the Federation shall in general hold weekly sessions.

Every fourth session shall be held in Mostar.

13. The inaugural session of the newly established Government of the Federation shall be held in Sarajevo and subsequently in Mostar one month after the adoption of this legislation.

Senior officials of the witnesses of this Agreement shall be invited to the inaugural session.

B. Fiscal, Customs and Budgetary Matters for the Federation

1. We shall ensure that within five days, after the signature of this agreement the two existing payment systems in the federation will be joined through the establishment of correspondent accounts among commercial banks and by linking these accounts through the bureaus of payments, using the Deutsche Mark as the common unit of account.

2. The Republic shall regulate the customs system and determine a joint customs policy.

Beginning with the 1996 budget year, customs shall be collected by the Federation Customs Administration on behalf of the Republic.

An agreed proportion of customs revenues, up to a specified amount (which amount shall be defined in relation to the Republic budget needs) shall accrue to the Republic budget.

By 10 December 1995, this proportion, the specified amount and a technical mechanism (using the bureaus of payments) that shall ensure immediate and direct funding of the Republic:

and Federation budgets shall be agreed upon between the Federation and the Republic, in consultation with the International Monetary Fund (IMF).

By 10 December 1995, a Federation Customs Administration will be established, within the customs system of Bosnia and Herzegovina.

By that date, all Internal customs checkpoints in the federation will be eliminated and full freedom of movement shall be established.

The Republic may appoint representatives who shall be authorized to be preserw at every customs collection point along the lnternational border.

3. A 1996 Federatlon budget shall be prepared jointly with the IMF during the upcoming IMF visit, and shall be presented to the Constituent Assembly or the Federation by 10 December 1995.

The 1996 Federation budget shall not include military expenditures or social transfers.

4. The Federation Tax Administration shall be activated and shall begin to work one month after the adoption of the legislation referred to in section II A above.

5. Cantonal budgets.

based on sales and corporate taxes and other revenue sources, shall be completed, if possible with lnternational technical assistance, by 31 March 1996.

6. We hereby invite interested governments and international organizations to provide experts to assist the Governments of the Federation and the Republic and their organs with financial and administrative questions.

7. We shall conclude an agreement on the Central Bank in consultatlon with the IMF and in accordance with the Constitution of the Federation by 10 December 1995.

This agreement shall be brought into conformity with a peace settlement for Bosnia and Hercegovina, when adopted.

8. International donations to Bosnia and Herzegovina shall be distributed in accordance with the division of responsibilities between the Federation and the Republic.

C. Cantons and Municipalities

1. All rulings of the Federation Arbitrator shall be implemented without delay.

2. All interim cantonal legislatures shall be convened by 1 December 1995.

In addition, all interim cantonal government positions shall be filled by that date.

3. Those municipalities that have selected their five delegates to the interim cantonal legislatures by 1 December 1995 shall be represented in the interim cantonal legislatures.

Those municipalities that have not yet selected their five delegates shall be represented upon the selection of their delegates.

D. Territory or the Federation

1. The boundaries of the Federation shall ultimatley be defined in the peace settlement for Bosnia and Herzegovina.

2. The territories which are currently under control of the ARBiH/HVO, but which are not included within a Federation canton ("new territories"), shall be administered in accordance with the Federation Constitution.

Interim municipal governments shall be established in the new tenitorles in accordance with the provisions regarding these governments in the Federation Constitution and all other relevant agreements.

3. All pre-war inhabitants of the new territories shall be allowed free unimpeded and immediate retum to their homes of origin.

4. Immediately after the agreement on the delimitation between the two entities in Bosnia and Herzegovina in the final peace settlement, we shall conclude the negotiations on the cantonal and municipal arrangements for the new territories.

E. Refugees and Displaced Persons

By 10 December 1995, the Minister for Refugees and Social Policies and his Deputy Minister together shall establish a cornprehensive and detailed plan for the return of refugees and displaced persons in the Federation territory.

Implementation of this plan will begin immediately.

We shall closely cooperate with the UNHCR in developing and implementing the plan.

This plan shall conform to any programme for the return of refugees and displaced persons developed pursuant to the final peace settlement.

F. Ambassadors

Within one month after the adoption of the legislation referred to in section II A, we shall implement the agreements reached in Zagreb on 11 September 1994 and at the Petersberg on 10 March 1995 regarding the appointment of Ambassadors.

G. Police

By 10 December 1995, we shall introduce in the Constituent Assembly of the Federation the Law on Internal Affairs or the Federation of Bosnia and Herzegovina with a view to adoption by 20 December, which shall be implemented one month after its adoption.

H. Defense

1. By 10 December 1995, we shall introduce in the Constiuent Assembly of the Federation the Basic Defence Law, providing for a unified Federation Army above the corps level up to the Joint Command.

With a view to adoption by 20 December.

2. We shall seek international assistance in converting the current joint staff to a Joint Planning Staff for all Federation Forces.

I. Mostar

1. The Memorandum of Understanding for the EU Administration of 6 July 1994 shall be fully implemented.

2. We.

agree on the principles for the lnterim Statute for the City of Mostar as defined in the Annex which form an integral part of this Agreement.

We shall ensure that the Interim Statute for the City of Mostar shall be finalized on the basis of these principles by 31 December 1995.

This Interim Statute shall preserve the unity of the city.

Mostar shall have a single administration.

The Interim Statute shall ensure the national, religious and cultural identity or the population within six City-Municipalities.

In parallel to the adoption of the Interim Statute, we request the EU Administrator to issue a decree on the conduct of elections for the City Council and the City-Municipal Councils on the basis or the principles for the lnterim Statute in the Annex.

These elections shall take place no later than 31 May 1996.

3. In accordance with the guarantees of the Federation Constitution for human rights and freedoms, freedom of movement shall be implemented in Mostar as well as within the entire Federation territory.

One month after the adoption of the legislations referred to in section II A of this Agreement, complete and unlimited freedom of movement for all citizens of Mostar shall be implemented.

As a first step, existing regulations shall be fully implemented to take effect by 1 December, in order to provide:

an unlimited number of crossing, for women, children and men not of military age or military obligation, as well as simpler procedures for the crossings, without prior registration.

unlimited and unobstructed access to the seat of the EU Administration of Mostar and of the Ombudsman for all citizens or Mostar.

unlimited and unobstructed access to the Centre of Continual Medical Education (in West Mostar).

unlimited and unobstructed access to the new training centre after its opening (in East Mostar).

unlimited access for those who are invited to attend cultural and other events on either side.

The two Mayors of Mostar shall immediately begin implementing these steps in order to meet the agreed time limit.

4. The second phase of the United Police Force Mostar (UPFM) shall be implemented without further delay, notably:

the establishment of Joint headquarters (access to which will be policed only by joint patrols).

unhindered recruitment of local police officers for the UPFM, who cannot be replaced without prior agreement of the EU Administration and the local administrations.

With the establishment of the new Federation Govemment, the third phase of the UPFM sbould start.

5. Police measures against organized crime shall be taken well before the newly established Federation Government is inaugurated.

6. In order to create the conditions for the return of refugees and displaced persons to their homes, the Decrees on Tenants' Rights of the EU Administrator shall be strictly respected and their implementation encouraged.

To start the process of reciprocal retum, a substantial number of displaced persons shall be immediately allowed to return to houses owned by them in Mostar, independently of any global solution within the

Federation.

III. Reporting Obligations

Starting one week after the signing of this Agreement, we shall submit every two weeks joint reports on the implementation of this Agreement to the witnesses.

In particular, we shall report on:

Adoption of the draft legislation referred to in section II A of this Agreement by the Constituent Assembly or the Federation and the Assembly of the Republic.

Concrete preparations for the establishment of the new Federation Ministries in Sarajevo and Mostar, both with regard to facilities and Staff composition, as well as to the practical provisions for the neccessary movement or ministerial staff.

Steps undertaken to transfer the functions of existing non-Federation civilian authorities and organs to the Federation.

Implementation of the Rulings of the Federation Arbitrator.

Implementation of the agreernents on the new territories.

Implementation of the provisions on the merger of the two payments systems, the establishment of correspondent banking relatations, the creation of the Federal Customs Admimistration, the Federal Tax Administration and the preparation of the Federation budget for 1996.

Preparation of the plan for the return of refugees and displaced persons, which we shall submit immediately after adoption and progress in its implementation.

Signed at Dayton, Ohio on this 10th Day of November 1995, in the English, Bosnian, and Croatian languages, each text being equally authentic.

In case of any divergence or interpretation, the English text shall prevail.

Alija Izetbegovic, President of the Republic of Bosnia and Herzegovina

Kresimir Zubak, President of the Federation of Bosnia and Herzegovina

Dr. Haris Silajdic, Prime Minister

Jadranko Prlic, Deputy Prime Minister

The President of the Republic of Croatia endorses the provisions of this Agreement and shall assist in its full implementation.

Dr Franjo Tudjman, President of the Republic of Croatia

Witnessed by:

Ambassador Wolfgang Ischinger, Federal Republic of Germany

Ambassador Richard Holbrooke, United States of America

Ambassador Fernandez de la Pena, Spanish EU Presidency

Hans Koschnick, EU Administrator Mostar

ANNEX TO THE DAYTON AGREEMENT ON IMPLEMENTING THE FEDERATION OF BOSNIA AND HERZEGOVINA

Agreed Principles for the lnterim Statute for the City of Mostar

1. The legal and functional unity of lhe City or Mostar shall be preserved.

2. The territory of the City of Mostar shall comprise the whole area of the municipality of Mostar as it existed on 1 January 1991.

3. The City of Mostar shall be composed of six separate City-Municipalities.

The boundaries of these City-Municipalities shall be defined in the Interim Statute for the City of Mostar.

4. The City-Municipalities shall have all those responsibillties that are not explicitly assisgned to the City of Moscow In the Interim Statute.

5. The responsibilities of the City of Mostar shall include:

Finance and Tax Policies if not otherwlse regulated by Federation or cantonal Iegislation

Urban Planning

lnfrastructure (Water, Electricity)

Economic Policy if nol otherwise regulated by Federation or cantonal legislatlon

Public Transportation, including Railroad

Mostar Airport

Additional responsibilities may be delegated to the City of Mostar by the City-Municipalities.

6. All other local responsiblities are in the competence of the City-Municipalities.

7. The City of Mostar shall be governed by a City Council.

The six City-Municipalities will be governed by City-Municipal Councils.

8. The City Council shall be composed of 48 rncmben, of which 16 seats shall be reserved for representatives of the Croatian community.

16 seats for representatives of the Bosniac community and 16 seats for others.

Of the 16 seats for others, 11 seats shall remain vacant for an interim period.

Each City-Municipality shall elect four members to the City Council.

The remaining members of the City Council shall be elected on a city-wide list.

9. Each City-Municipal Council shall be composed of 25 members.

The composition of the City-Municipal Councils shall reflect the composition of the population of the respective City-Municipality according to the 1991 census.

10. The members or the City Council and the City-Municipal Councils shall be elected in direct and free elections.

11. The City Council and the City-Municipal Council shall elect their executive officers.

12. Any person age eighteen or older who is identified in the 1991 census as a permanent resident of the municipality of Mostar and who still has his or her permanent residence in the City of Mostar at the time of the elections shall be eligible to vote for and be elected to the City Council and the City-Municipal Council.

Signed at Dayton.

Ohio on this 10th Day of November 1995, in the English, Bosnian, and Croatian language, each text being equally authentic.

In case of any divergence of interpretation, the English text shall prevail.

Mijo Brajkovic, Mayor of West Mostar

Hans Koschnik, EU Administrator

Safet Orucevic, Mayor of East Mostar

Witnessed by:

Muhamed Sacirbey, Minister of Foreign Affairs of the Republic of Bosnia and Herzegovina

Gojko Susak, Minister of Defense of the Republic of Croatia

Ambassador Wolfgang Ischinger, Federal Republic of Germany

Ambassador Fernandez de la Pena, Spanish EU Presidency