Agreement on the Normalization of Relations

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Country/entity: Croatia
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreement on the Normalization of Relations
Date: 23 Aug 1996
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
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: Croatia negotiation process
Parties: For the federal Republic of Yugoslavia: Milan Milutinovic, Federal minister for Foreign Affairs
For the Republic of Croatia: Dr. Mate Granic, Vice-President of the Government and Minister for Foreign Affairs
Third parties: -
Description: This agreement on normalization of relations provides for: basic principles of independence, sovereignty and equality of states; mutual recognition; provision for missing persons; repatriation of refugees and displaced persons; human rights guarantees; and cooperation in various other matters.

Agreement document: HR RS_960823_AgreementNormalizationRelationsYugoslaviaCroatia.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
Page 3, Article 8
The Contracting Parties shall guarantee the Croats in the Federal Republic of Yugoslavia and the Serbs and Montenegrins in the Republic of Croatia all rights they are entitled to under international law.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 2, Article 7
The Contracting Parties shall ensure conditions for a free and safe return of refugees and displaced persons to their places of residence or other places which they freely choose. The Contracting Parties shall ensure to these persons return into possession of their property or a just compensation. The Contracting Parties shall ensure full security to the refugees and displaced persons who return. The Contracting Parties shall assist these persons to ensure necessary conditions for normal and safe life...
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): Page 1, Article 1
The Contracting Parties shall respect each other as independent, sovereign and equal States within their international borders.

Page 1, Article 2
Each Contracting Party shall respect, in accordance with international law, the sovereignty, territorial integrity and independence of the other Contracting Party. The Contracting Parties confirm that they shall carry out the regulation of their borders and the delimitation through mutual agreement only, that they shall solve disputes by peaceful means and refrain from threat or use of force in accordance with the Charter of the United Nations. The Contracting Parties shall seek to foster mutual confidence, good will and tolerance and shall cooperate in promoting peace, stability and development in the region.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: Page 2, Article 5
Proceeding from the historical fact that Serbia and Montenegro existed as independent States before the creation of Yugoslavia, and bearing in mind the fact that Yugoslavia has continued the international legal personality of these States, the Republic of Croatia notes the existence of the State continuity of the Federal Republic of Yugoslavia. Proceeding from the historical fact of the existence of the various forms of statal organization of Croatia in the past, the Federal Republic of Yugoslavia notes the existence of the continuity of the Croatian statehood. The Contracting Parties are agreed to solve the issue of the succession of the Socialist Federal Republic of Yugoslavia on the basis of the rules of international law on succession of States and through agreement.
Accession/unification: No specific mention.
Border delimitation: Page 1, Article 2
Each Contracting Party shall respect, in accordance with international law, the sovereignty, territorial integrity and independence of the other Contracting Party. The Contracting Parties confirm that they shall carry out the regulation of their borders and the delimitation through mutual agreement only, that they shall solve disputes by peaceful means and refrain from threat or use of force in accordance with the Charter of the United Nations. The Contracting Parties shall seek to foster mutual confidence, good will and tolerance and shall cooperate in promoting peace, stability and development in the region.

Page 1-2, Article 4
The Contracting Parties are agreed to solve the disputed issue of Prevlaka through mutual negotiations. Thereby a contribution shall be made to the full security of the part of the territory of the Federal Republic of Yugoslavia in the Boka Kotorska Bay and the part of the territory of the Republic of Croatia in the area of the Dubrovnik region. The two Parties shall solve this important disputed issue through mutual negotiations in the spirit of the Charter of the United Nations and good-neighbourliness. Until mutual agreement on Prevlaka is reached, the Contracting Parties are agreed to respect the existing security regime established through United Nations monitoring.
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: Page 1, Article 2
Each Contracting Party shall respect, in accordance with international law, the sovereignty, territorial integrity and independence of the other Contracting Party. The Contracting Parties confirm that they shall carry out the regulation of their borders and the delimitation through mutual agreement only, that they shall solve disputes by peaceful means and refrain from threat or use of force in accordance with the Charter of the United Nations. The Contracting Parties shall seek to foster mutual confidence, good will and tolerance and shall cooperate in promoting peace, stability and development in the region.

Page 2, Article 7
...The Contracting Parties shall declare general amnesty for all acts committed in connection with the armed conflicts, except for the gravest violations of humanitarian law having the nature of war crimes...

Page 3, Article 8
The Contracting Parties shall guarantee the Croats in the Federal Republic of Yugoslavia and the Serbs and Montenegrins in the Republic of Croatia all rights they are entitled to under international law.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizens, specific rights
Page 3, Article 7
...Each Contracting Party shall guarantee the same legal protection to the property of physical persons and legal entities having the citizenship of the other Party, that is, being seated in the territory of the other Party, as the one enjoyed by its own citizens, that is, its legal entities.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 3, Article 12
The Contracting Parties shall continue to promote post, telephone and other telecommunications.
Mobility/access: Page 3, Article 10
The Contracting Parties shall continue to cooperate in normalizing road, railway, air and river traffic on the basis of the principle of reciprocity and good-neighbourliness.

Page 3, Article 11
Internal regulations in force concerning the stay and movement of foreigners shall be applied without discrimination to the entry, movement and stay of the citizens and vehicles of one Contracting Party in the territory of the other Contracting Party.
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: Land, property and environment→Land reform/rights→Property return and restitution
Page 2, Article 7
The Contracting Parties shall ensure conditions for a free and safe return of refugees and displaced persons to their places of residence or other places which they freely choose. The Contracting Parties shall ensure to these persons return into possession of their property or a just compensation...

Page 3, Article 7
...Each Contracting Party shall guarantee the same legal protection to the property of physical persons and legal entities having the citizenship of the other Party, that is, being seated in the territory of the other Party, as the one enjoyed by its own citizens, that is, its legal entities. Within six months from the date of the entry into force of this Agreement, the Contracting Parties shall conclude an agreement on compensation for all destroyed, damaged or lost property. Such agreement shall define the procedures for the realization of the rights to fair compensation which shall not include court proceedings. For the purpose of implementing the obligations under this article, a joint
commission, consisting of three representatives of each Contracting Party, shall
be established within 30 days from the signing of this Agreement.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Promotion
Page 4, Article 13
...The Contracting Parties shall immediately conclude an agreement on cultural cooperation which shall include the preservation and restoration of cultural heritage.
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: Transitional justice→Amnesty/pardon→Amnesty/pardon proper
Page 2, Article 7
...The Contracting Parties shall declare general amnesty for all acts committed in connection with the armed conflicts, except for the gravest violations of humanitarian law having the nature of war crimes...
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: Page 2, Article 6
The Contracting Parties undertake to speed up forthwith the process of solving the questions of missing persons, and both Contracting Parties shall immediately exchange all available information about these persons.
Reparations: Transitional justice→Reparations→Material reparations
Page 3, Article 7
...Within six months from the date of the entry into force of this Agreement, the Contracting Parties shall conclude an agreement on compensation for all destroyed, damaged or lost property. Such agreement shall define the procedures for the realization of the rights to fair compensation which shall not include court proceedings...
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 2, Article 4
...Until mutual agreement on Prevlaka is reached, the Contracting Parties are agreed to respect the existing security regime established through United Nations monitoring.
Enforcement mechanism: Page 3, Article 7
...For the purpose of implementing the obligations under this article, a joint commission, consisting of three representatives of each Contracting Party, shall be established within 30 days from the signing of this Agreement.
Related cases: No specific mention.
Source: UN Peacemaker
http://peacemaker.un.org/

Agreement on Normalization of Relations between the Federal Republic of Yugoslavia and the Republic of Croatia

The Federal Republic of Yugoslavia and the Republic of Croatia (hereinafter "the Contracting Parties"),

Aware of their responsibility for the establishment and maintenance of peace and security in the region,

Desiring to contribute to that end through the normalization of mutual relations,

Aimed at promoting relations between their peoples and citizens,

Have agreed as follows:

Article 1

The Contracting Parties shall respect each other as independent, sovereign and equal States within their international borders.

Article 2

Each Contracting Party shall respect, in accordance with international law, the sovereignty, territorial integrity and independence of the other Contracting Party.

The Contracting Parties confirm that they shall carry out the regulation of their borders and the delimitation through mutual agreement only, that they shall solve disputes by peaceful means and refrain from threat or use of force in accordance with the Charter of the United Nations.

The Contracting Parties shall seek to foster mutual confidence, good will and tolerance and shall cooperate in promoting peace, stability and development in the region.

Article 3

Within 15 days after the signing of this Agreement, the Contracting Parties shall establish full diplomatic and consular relations.

The Contracting Parties shall promptly upgrade their existing representative offices to embassies and shall exchange ambassadors.

Article 4

The Contracting Parties are agreed to solve the disputed issue of Prevlaka through mutual negotiations.

Thereby a contribution shall be made to the full security of the part of the territory of the Federal Republic of Yugoslavia in the Boka Kotorska Bay and the part of the territory of the Republic of Croatia in the area of the Dubrovnik region.

The two Parties shall solve this important disputed issue through mutual negotiations in the spirit of the Charter of the United Nations and good-neighbourliness.

Until mutual agreement on Prevlaka is reached, the Contracting Parties are

agreed to respect the existing security regime established through United Nations monitoring.

Article 5

Proceeding from the historical fact that Serbia and Montenegro existed as independent States before the creation of Yugoslavia, and bearing in mind the fact that Yugoslavia has continued the international legal personality of these States, the Republic of Croatia notes the existence of the State continuity of the Federal Republic of Yugoslavia.

Proceeding from the historical fact of the existence of the various forms of statal organization of Croatia in the past, the Federal Republic of Yugoslavia notes the existence of the continuity of the Croatian statehood.

The Contracting Parties are agreed to solve the issue of the succession of the Socialist Federal Republic of Yugoslavia on the basis of the rules of

international law on succession of States and through agreement.

Article 6

The Contracting Parties undertake to speed up forthwith the process of solving the questions of missing persons, and both Contracting Parties shall immediately exchange all available information about these persons.

Article 7

The Contracting Parties shall ensure conditions for a free and safe return of refugees and displaced persons to their places of residence or other places which they freely choose.

The Contracting Parties shall ensure to these persons return into possession of their property or a just compensation.

The Contracting Parties shall ensure full security to the refugees and displaced persons who return.

The Contracting Parties shall assist these persons to ensure necessary conditions for normal and safe life.

The Contracting Parties shall declare general amnesty for all acts

committed in connection with the armed conflicts, except for the gravest violations of humanitarian law having the nature of war crimes.

The Contracting Parties shall encourage consistent and comprehensive implementation of the Erdut Agreement on Eastern Slavonia, Baranja and Western Sirmium.

Each Contracting Party shall guarantee the same legal protection to the property of physical persons and legal entities having the citizenship of the

other Party, that is, being seated in the territory of the other Party, as the one enjoyed by its own citizens, that is, its legal entities.

Within six months from the date of the entry into force of this Agreement, the Contracting Parties shall conclude an agreement on compensation for all destroyed, damaged or lost property.

Such agreement shall define the procedures for the realization of the rights to fair compensation which shall not include court proceedings.

For the purpose of implementing the obligations under this article, a joint commission, consisting of three representatives of each Contracting Party, shall be established within 30 days from the signing of this Agreement.

Article 8

The Contracting Parties shall guarantee the Croats in the Federal Republic of Yugoslavia and the Serbs and Montenegrins in the Republic of Croatia all rights they are entitled to under international law.

Article 9

The Contracting Parties shall conclude, within six months, a separate agreement on social insurance which shall regulate disability, health and

pension insurance, including the payment of pensions.

The Contracting Parties shall conclude, if necessary, other agreements as well concerning the settlement of work- and status-related issues.

Article 10

The Contracting Parties shall continue to cooperate in normalizing road, railway, air and river traffic on the basis of the principle of reciprocity and

good-neighbourliness.

Article 11

Internal regulations in force concerning the stay and movement of foreigners shall be applied without discrimination to the entry, movement and

stay of the citizens and vehicles of one Contracting Party in the territory of the other Contracting Party.

Article 12

The Contracting Parties shall continue to promote post, telephone and other telecommunications.

Article 13

The Contracting Parties shall proceed, without delay, to concluding mutual agreements in the fields of economy, science, education, protection of the environment, as well as in other fields of the common interest of the Contracting Parties.

The Contracting Parties shall immediately conclude an agreement on cultural cooperation which shall include the preservation and restoration of cultural heritage.

Article 14

This Agreement has been done in two original copies, in the Serbian and Croatian languages, both texts being equally authentic.

This Agreement shall be provisionally applied from the day of signature and shall enter into force after the two Contracting Parties notify each other

through diplomatic channels that it has been confirmed by their competent authorities.

Done at Belgrade on 23 August 1996.

For the Federal Republic of Yugoslavia Milan MILUTINOVIC Federal Minister for Foreign Affairs

For the Republic of Croatia Dr. Mate GRANIC Vice-President of the Government and Minister for Foreign Affairs