Statement of Principles for New Constitutional Arrangements for Bosnia and Herzegovina (Carrington-Cutiliero Plan of March 1992)

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Statement of Principles for New Constitutional Arrangements for Bosnia and Herzegovina (Carrington-Cutiliero Plan of March 1992)
Date: 18 Mar 1992
Agreement status: Agreement with subsequent status
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: Mate Boban, Alija Izetbegovic, Radovan Karadzic
Third parties: Jose Cutileiro, envoy of the European Community
Description: This statement of principles was produced as part of the EC's efforts to prevent the outbreak of conflict in the Yugoslav republic of Bosnia-Herzegovina. It provides for the republic to become and independent state, comprised of three nationally-defined constituent units, with proportional representation of the three main ethnic groups throughout state institutions. The agreement was adopted, but not signed by the parties, and was later rejected by the Bosnian Presidency.

Agreement document: BA_920318_Statement of Principles for New Constitutional Arrangements for Bosnia and Herzegovina.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→Rhetorical
Page 3, ANNEX 1
The leaders of the three main parliamentary parties meeting in Brussels under the auspices of the European Community for the sixth round of talks on future constitutional arrangements for Bosnia and Herzegovina:...Urgently appeal to all in Bosnia and Herzegovina, regardless of ethnic origins, religious beliefs and political affiliation, to refrain from violence, provocation of violence and from any other military or political action that might jeopardise the agreements already made by the three parties and cast doubts on a successful outcome of the talks.
Groups→Racial/ethnic/national group→Substantive
Page 1, A. INDEPENDENCE
l. Bosnia and Herzegovina would be a state, composed of three constituent units, based on national principles and taking into account economic, geographic and other criteria.

Page 1, A. INDEPENDENCE
3. Sovereignty resides in the citizens of the Muslim, Serb and Croat nations and other nations and nationalities, who realise it through their civic participation in the constituent units and the central organs of the republic.

Page 2, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA, Note
3. The composition of the civil service and the judiciary of Bosnia and Herzegovina would reflect proportionally the national composition of Bosnia and Herzegovina.

Page 2, D. THE CONSTITUENT UNITS
3. All the institutions (civil service, the judiciary, etc.) established by a constituent unit would reflect proportionally the national composition of the constituent unit.

Page 2, D. THE CONSTITUENT UNITS
4. Members of the nations who would be in a minority in a particular constituent unit would receive protection similar to that in article 2 (3) of the draft convention.

Page 2, E. DEFINITION OF THE CONSTITUENT UNITS
A working group will be established in order to define the territory of the constituent units based on national principles and taking into account economic, geographical and other criteria. A map based on the national absolute or relative majority in each municipality will be the basis of work in the working group, and will be subject only to amendments, justified by the above-mentioned criteria. A copy is annexed to this statement.

Page 3, Annex 2, Human rights
1. The Constitution would include provisions providing for the protection of human rights and rights of minorities as envisaged in article 2 a), b) and d) of the draft convention of the EC Peace Conference on Yugoslavia and full effect would be given to those rights by the authorities of Bosnia and Herzegovina and the authorities of the constituent units.

Page 3, ANNEX 2, Human rights
3. A mixed commission for human rights would be established, composed of one representative of each of the three nations and four representatives including the chairman for the European Community. The mixed commission would consider and make recommendations by majority vote on any question relating to those rights which are brought before it.

Page 3, ANNEX 3, The working group on definition of the constituent units in Bosnia and Herzegovina
3. The working group will draw a map of the constituent units. While basing its work on national principles, the criteria which the working group will take into account in addition to economic and geographical criteria, include historical, religious, cultural and educational, transport and communications, and the will of inhabitants, to the extent that the members of the working group consider that the application of these criteria are justified.
Religious groups: Groups→Religious groups→Rhetorical
Page 3, ANNEX 1
The leaders of the three main parliamentary parties meeting in Brussels under the auspices of the European Community for the sixth round of talks on future constitutional arrangements for Bosnia and Herzegovina:...
Urgently appeal to all in Bosnia and Herzegovina, regardless of ethnic origins, religious beliefs and political affiliation, to refrain from violence, provocation of violence and from any other military or political action that might jeopardise the agreements already made by the three parties and cast doubts on a successful outcome of the talks.
Groups→Religious groups→Substantive
Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
2. The assembly, acting through the chamber of citizens and the chamber of constituent units, and the government, would have competence to legislate, to consider and adjust proposals from the constituent units and to administer in the following fields...Decisions concerning...religion...would be decided in the chamber of constituent units by a majority of four-fifths of the total number of the representatives in it.

Page 3, ANNEX 3, The working group on definition of the constituent units in Bosnia and Herzegovina
3. The working group will draw a map of the constituent units. While basing its work on national principles, the criteria which the working group will take into account in addition to economic and geographical criteria, include historical, religious, cultural and educational, transport and communications, and the will of inhabitants, to the extent that the members of the working group consider that the application of these criteria are justified.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): Page 1, B. GENERAL PRINCIPLES
l. Bosnia and Herzegovina and its constituent units would be governed in accordance with the following constitutional principles, as understood and generally practised among the democratic states of Western Europe and as set out in draft convention under discussion in the conference:
a. Respect for human rights at the highest standards as envisaged in the draft convention, respect for private ownership, the market economy and free enterprise;
b. The general and equal right to vote, free elections and secret voting;
c. Freedom for political and trade union activities;
d. A secular state system with full religious freedom and separation of church and state, separation of powers between the branches of government, the rule of law and a democratic and effective system of control and protection of constitutionality and legality;
e. International control and jurisdiction for the protection of human rights and freedom.

Page 2, D. THE CONSTITUENT UNITS
2....A constituent unit may establish and maintain relations and links with the other republics and with organizations in them provided that these relations and links are consistent with the independence and integrity of Bosnia and Herzegovina.
State configuration: Page 1, A. INDEPENDENCE
l. Bosnia and Herzegovina would be a state, composed of three constituent units, based on national principles and taking into account economic, geographic and other criteria.
Self determination: Page 2, D. THE CONSTITUENT UNITS
2....A constituent unit may establish and maintain relations and links with the other republics and with organizations in them provided that these relations and links are consistent with the independence and integrity of Bosnia and Herzegovina.
Referendum: Page 2, F. TRANSITIONAL STEPS
1. Subject to the definition of the constituent units for the purpose of the future arrangements in accordance with part E of this statement, a constitutional law to modify the constitution in order to give effect to these principles will be prepared and submitted to assembly as soon as possible, and will have to be confirmed by a referendum of the people under international supervision.
State symbols: Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
2. The assembly, acting through the chamber of citizens and the chamber of constituent units, and the government, would have competence to legislate, to consider and adjust proposals from the constituent units and to administer in the following fields...Decisions concerning the flag and emblem...would be decided in the chamber of constituent units by a majority of four-fifths of the total number of the representatives in it.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: Page 1, A. INDEPENDENCE
2. Bosnia and Herzegovina would continue to have its existing borders and neither the government of Bosnia and Herzegovina nor the governments of the constituent units will encourage or support claims to any part of its territory by neighbouring states.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
1. The assembly of Bosnia and Herzegovina would be composed of a chamber of citizens, which would be directly elected, and chamber of constituent units in which each of the constituent units would have an equal number of representatives.

Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
2. The assembly, acting through the chamber of citizens and the chamber of constituent units, and the government, would have competence to legislate, to consider and adjust proposals from the constituent units and to administer in the following fields: central bank and monetary policy, foreign relations, defence, general economic policy, economic relations, including, where any of the following affect more than one constituent unit, transport, energy supplies, pipelines and water management, and other items to be decided. Decisions concerning the flag and emblem, higher education, religion, matters concerning defence, macro-economic policy, important or general matters concerning economic policy, decisions concerning relations between Bosnia and Herzegovina and states neighbouring Bosnia and Herzegovina and other items to be decide would be decided in the chamber of constituent units by a majority of four-fifths of the total number of the representatives in it.

Page 2, D. THE CONSTITUENT UNITS
2....Each constituent unit would organise its own institutions...
Elections: Page 1, B. GENERAL PRINCIPLES
l. Bosnia and Herzegovina and its constituent units would be governed in accordance with the following constitutional principles, as understood and generally practised among the democratic states of Western Europe and as set out in draft convention under discussion in the conference:...
b. The general and equal right to vote, free elections and secret voting;
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: Page 1, A. INDEPENDENCE
3. Sovereignty resides in the citizens of the Muslim, Serb and Croat nations and other nations and nationalities, who realise it through their civic participation in the constituent units and the central organs of the republic.

Page 1, B. GENERAL PRINCIPLES
1. Bosnia and Herzegovina and its constituent units would be governed in accordance with the following constitutional principles, as understood and generally practised among the democratic states of Western Europe and as set out in draft convention under discussion in the conference:...
c. Freedom for political and trade union activities;
Traditional/religious leaders: No specific mention.
Public administration: Page 2, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA, Note
3. The composition of the civil service and the judiciary of Bosnia and Herzegovina would reflect proportionally the national composition of Bosnia and Herzegovina.

Page 2, D. THE CONSTITUENT UNITS
3. All the institutions (civil service, the judiciary, etc.) established by a constituent unit would reflect proportionally the national composition of the constituent unit.
Constitution: Governance→Constitution→Constitutional reform/making
Page 2, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA, Note
4. In order to resolve constitutional questions between the authorities of Bosnia and Herzegovina of the constituent units, a special tribunal would be established, which would, for a period of not less than five years, include impartial elements drawn from outside Bosnia and Herzegovina and its neighbouring states. This tribunal will have one member from each unit and the same number and one more drawn from outside. It takes decisions by simple majority.

Page 2, F. TRANSITIONAL STEPS
1. Subject to the definition of the constituent units for the purpose of the future arrangements in accordance with part E of this statement, a constitutional law to modify the constitution in order to give effect to these principles will be prepared and submitted to assembly as soon as possible, and will have to be confirmed by a referendum of the people under international supervision.

Page 3, ANNEX 1
The leaders of the three main parliamentary parties meeting in Brussels under the auspices of the European Community for the sixth round of talks on future constitutional arrangements for Bosnia and Herzegovina...They are firmly convinced that a peaceful environment will facilitate understanding, speed up negotiations and allow for the drafting of a new constitution acceptable to all in the shortest possible time.

Page 3, Annex 2, Human rights
1. The Constitution would include provisions providing for the protection of human rights and rights of minorities as envisaged in article 2 a), b) and d) of the draft convention of the EC Peace Conference on Yugoslavia and full effect would be given to those rights by the authorities of Bosnia and Herzegovina and the authorities of the constituent units.

Page 3, Annex 2, Human rights
1. The Constitution would include provisions providing for the protection of human rights and rights of minorities as envisaged in article 2 a), b) and d) of the draft convention of the EC Peace Conference on Yugoslavia and full effect would be given to those rights by the authorities of Bosnia and Herzegovina and the authorities of the constituent units.

Power sharing

Political power sharing: Power sharing→Political power sharing→Proportionality in legislature
State level
Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
1. The assembly of Bosnia and Herzegovina would be composed of a chamber of citizens, which would be directly elected, and chamber of constituent units in which each of the constituent units would have an equal number of representatives.
Power sharing→Political power sharing→Other proportionality
State level
Page 2, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA, Note
3. The composition of the civil service and the judiciary of Bosnia and Herzegovina would reflect proportionally the national composition of Bosnia and Herzegovina.

Page 2, D. THE CONSTITUENT UNITS
3. All the institutions (civil service, the judiciary, etc.) established by a constituent unit would reflect proportionally the national composition of the constituent unit.

Page 3, ANNEX 2, Human rights
3. A mixed commission for human rights would be established, composed of one representative of each of the three nations and four representatives including the chairman for the European Community. The mixed commission would consider and make recommendations by majority vote on any question relating to those rights which are brought before it.
Power sharing→Political power sharing→Form of 'veto' or communal majority
State level
Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
2. The assembly, acting through the chamber of citizens and the chamber of constituent units, and the government, would have competence to legislate, to consider and adjust proposals from the constituent units and to administer in the following fields: central bank and monetary policy, foreign relations, defence, general economic policy, economic relations, including, where any of the following affect more than one constituent unit, transport, energy supplies, pipelines and water management, and other items to be decided. Decisions concerning the flag and emblem, higher education, religion, matters concerning defence, macro-economic policy, important or general matters concerning economic policy, decisions concerning relations between Bosnia and Herzegovina and states neighbouring Bosnia and Herzegovina and other items to be decide would be decided in the chamber of constituent units by a majority of four-fifths of the total number of the representatives in it.
Power sharing→Political power sharing→International involvement
State level
Page 2, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA, Note
4. In order to resolve constitutional questions between the authorities of Bosnia and Herzegovina of the constituent units, a special tribunal would be established, which would, for a period of not less than five years, include impartial elements drawn from outside Bosnia and Herzegovina and its neighbouring states. This tribunal will have one member from each unit and the same number and one more drawn from outside. It takes decisions by simple majority.

Page 3, ANNEX 2, Human rights
3. A mixed commission for human rights would be established, composed of one representative of each of the three nations and four representatives including the chairman for the European Community. The mixed commission would consider and make recommendations by majority vote on any question relating to those rights which are brought before it.
Power sharing→Political power sharing→Other
State level
Page 2, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA, Note
4. In order to resolve constitutional questions between the authorities of Bosnia and Herzegovina of the constituent units, a special tribunal would be established, which would, for a period of not less than five years, include impartial elements drawn from outside Bosnia and Herzegovina and its neighbouring states. This tribunal will have one member from each unit and the same number and one more drawn from outside. It takes decisions by simple majority.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 2, D. THE CONSTITUENT UNITS
1. Within Bosnia and Herzegovina, constituent units would be established, which are defined in part E below.

Page 2, D. THE CONSTITUENT UNITS
2. The assembly and the government of the constituent units would have power, subject to any legislation of Bosnia and Herzegovina in the limited fields specified above and in accordance with the procedures set out above, to legislate and to administer in matters of concern to the constituent units, namely, the administration of the services and officials of a constituent unit, expropriation of property for public use, land registries, fire prevention, chambers of commerce, supervision of cooperative trading organizations, saving banks and credit institutions, supervision of charitable institutions, social security, sickness insurance, conservation of the historic, artistic and cultural heritage, cultural institutions, such as libraries, institutions and museums, the use of land, environmental controls, housing, markets, roads, emergency services, mining, hunting and fishing, nature reserves, aqueducts, water management, pipelines, transport within the constituent unit,
tourism, agriculture and forests, social assistance, education schools, police, trade and other aspects of economic policy, security at public performances, hygiene, sport and recreation and other items to be decided. Each constituent unit would organise its own institutions. A constituent unit may establish and maintain relations and links with the other republics and with organizations in them provided that these relations and links are consistent with the independence and integrity of Bosnia and Herzegovina.

Page 2, D. THE CONSTITUENT UNITS
3. All the institutions (civil service, the judiciary, etc.) established by a constituent unit would reflect proportionally the national composition of the constituent unit.

Page 2, D. THE CONSTITUENT UNITS
4. Members of the nations who would be in a minority in a particular constituent unit would receive protection similar to that in article 2 (3) of the draft convention.
Power sharing→Territorial power sharing→Other
Page 2, E. DEFINITION OF THE CONSTITUENT UNITS
A working group will be established in order to define the territory of the constituent units based on national principles and taking into account economic, geographical and other criteria. A map based on the national absolute or relative majority in each municipality will be the basis of work in the working group, and will be subject only to amendments, justified by the above-mentioned criteria. A copy is annexed to this statement.

Page 3, ANNEX 3, The working group on definition of the constituent units in Bosnia and Herzegovina
1. The working group will consist of three persons from each of the three parties represented in the talks on future constitutional arrangements for Bosnia and Herzegovina, together with three persons, including a chairman, nominated by the European Community.

Page 3, ANNEX 3, The working group on definition of the constituent units in Bosnia and Herzegovina
2. It will meet as soon as all its members have been nominated and will make recommendations by 15 May 1992 to the chairman of the constitutional talks.

Page 3, ANNEX 3, The working group on definition of the constituent units in Bosnia and Herzegovina
3. The working group will draw a map of the constituent units. While basing its work on national principles, the criteria which the working group will take into account in addition to economic and geographical criteria, include historical, religious, cultural and educational, transport and communications, and the will of inhabitants, to the extent that the members of the working group consider that the application of these criteria are justified.

Page 3, ANNEX 3, The working group on definition of the constituent units in Bosnia and Herzegovina
4. The working group will endeavour to reach unanimous recommendations reconciling the
competing claims and considerations presented to it. But, if it is unable to reach agreement its members may present separate recommendations.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: Page 1, B. GENERAL PRINCIPLES
l. Bosnia and Herzegovina and its constituent units would be governed in accordance with the following constitutional principles, as understood and generally practised among the democratic states of Western Europe and as set out in draft convention under discussion in the conference...
a. Respect for human rights at the highest standards as envisaged in the draft convention, respect for private ownership, the market economy and free enterprise;...
d. A secular state system with full religious freedom and separation of church and state, separation of powers between the branches of government, the rule of law and a democratic and effective system of control and protection of constitutionality and legality;
e. International control and jurisdiction for the protection of human rights and freedom.

Page 3, Annex 2, Human rights
1. The Constitution would include provisions providing for the protection of human rights and rights of minorities as envisaged in article 2 a), b) and d) of the draft convention of the EC Peace Conference on Yugoslavia and full effect would be given to those rights by the authorities of Bosnia and Herzegovina and the authorities of the constituent units.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Vote and take part
Page 1, B. GENERAL PRINCIPLES
l. Bosnia and Herzegovina and its constituent units would be governed in accordance with the following constitutional principles, as understood and generally practised among the democratic states of Western Europe and as set out in draft convention under discussion in the conference:...
b. The general and equal right to vote, free elections and secret voting;
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizen, general
Page 1, A. INDEPENDENCE
3. Sovereignty resides in the citizens of the Muslim, Serb and Croat nations and other nations and nationalities, who realise it through their civic participation in the constituent units and the central organs of the republic.

Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
1. The assembly of Bosnia and Herzegovina would be composed of a chamber of citizens, which would be directly elected, and chamber of constituent units in which each of the constituent units would have an equal number of representatives.

Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
2. The assembly, acting through the chamber of citizens and the chamber of constituent units, and the government, would have competence to legislate, to consider and adjust proposals from the constituent units and to administer in the following fields...
Democracy: Page 1, B. GENERAL PRINCIPLES
l. Bosnia and Herzegovina and its constituent units would be governed in accordance with the following constitutional principles, as understood and generally practised among the democratic states of Western Europe and as set out in draft convention under discussion in the conference...
d. A secular state system with full religious freedom and separation of church and state, separation of powers between the branches of government, the rule of law and a democratic and effective system of control and protection of constitutionality and legality;
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 3, ANNEX 3, The working group on definition of the constituent units in Bosnia and Herzegovina
3. The working group will draw a map of the constituent units. While basing its work on national principles, the criteria which the working group will take into account in addition to economic and geographical criteria, include historical, religious, cultural and educational, transport and communications, and the will of inhabitants, to the extent that the members of the working group consider that the application of these criteria are justified.
Mobility/access: No specific mention.
Protection measures: Rights related issues→Protection measures→Other
Page 1, General Principles

Page 2, To call upon all political structures and the supporters of the signatory parties, the military, the republican, municipal and local authorities and the inhabitants of Bosnia and Hercegovina, to cooperate with UNHCR and other international humanitarian organisations and to provide them the protection and support required for the fulfilment of their humanitarian functions,
Other: No specific mention.

Rights institutions

NHRI: Rights institutions→NHRI→New or fundamentally revised NHRI
Page 3, ANNEX 2, Human rights
3. A mixed commission for human rights would be established, composed of one representative of each of the three nations and four representatives including the chairman for the European Community. The mixed commission would consider and make recommendations by majority vote on any question relating to those rights which are brought before it.

Page 3, ANNEX 2, Human rights
3. A mixed commission for human rights would be established, composed of one representative of each of the three nations and four representatives including the chairman for the European Community. The mixed commission would consider and make recommendations by majority vote on any question relating to those rights which are brought before it.

Page 3, ANNEX 2, Human rights
4. A monitoring mission including members drawn from the European Community would be
established which could, at the request of 2 representatives on the Mixed Commission for human rights, investigate and report on any allegation of infringement of the rights referred to in paragraph 1 above.
Regional or international human rights institutions: Rights institutions→Regional or international human rights institutions→Body tasked
Page 3, ANNEX 2, Human rights
2. Cases in courts involving allegations of a breach of those rights would be decided, as a final court of appeal by the special tribunal, envisaged in paragraph C4 of the agreed Statement of Principles the jurisdiction of that tribunal would extend to cover such cases.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: Page 2, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA, Note
3. The composition of the civil service and the judiciary of Bosnia and Herzegovina would reflect proportionally the national composition of Bosnia and Herzegovina.

Page 2, D. THE CONSTITUENT UNITS
3. All the institutions (civil service, the judiciary, etc.) established by a constituent unit would reflect proportionally the national composition of the constituent unit.

Page 3, ANNEX 2, Human rights
2. Cases in courts involving allegations of a breach of those rights would be decided, as a final court of appeal by the special tribunal, envisaged in paragraph C4 of the agreed Statement of Principles the jurisdiction of that tribunal would extend to cover such cases.
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: Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
2. The assembly, acting through the chamber of citizens and the chamber of constituent units, and the government, would have competence to legislate, to consider and adjust proposals from the constituent units and to administer in the following fields: ...pipelines and water management, and other items to be decided.

Page 2, D. THE CONSTITUENT UNITS
2. The assembly and the government of the constituent units would have power, subject to any legislation of Bosnia and Herzegovina in the limited fields specified above and in accordance with the procedures set out above, to legislate and to administer in matters of concern to the constituent units, namely...mining, hunting and fishing...pipelines...
International funds: No specific mention.
Business: Page 1, B. GENERAL PRINCIPLES
l. Bosnia and Herzegovina and its constituent units would be governed in accordance with the following constitutional principles, as understood and generally practised among the democratic states of Western Europe and as set out in draft convention under discussion in the conference:
a. Respect for human rights at the highest standards as envisaged in the draft convention, respect for private ownership, the market economy and free enterprise;

Page 2, D. THE CONSTITUENT UNITS
2. The assembly and the government of the constituent units would have power, subject to any legislation of Bosnia and Herzegovina in the limited fields specified above and in accordance with the procedures set out above, to legislate and to administer in matters of concern to the constituent units, namely...chambers of commerce, supervision of cooperative trading organizations...markets...trade and other aspects of economic policy...
Taxation: No specific mention.
Banks: Socio-economic reconstruction→Banks→Central bank
Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
2. The assembly, acting through the chamber of citizens and the chamber of constituent units, and the government, would have competence to legislate, to consider and adjust proposals from the constituent units and to administer in the following fields: central bank and monetary policy...

Page 2, D. THE CONSTITUENT UNITS
2. The assembly and the government of the constituent units would have power, subject to any legislation of Bosnia and Herzegovina in the limited fields specified above and in accordance with the procedures set out above, to legislate and to administer in matters of concern to the constituent units, namely...saving banks and credit institutions...

Land, property and environment

Land reform/rights: Land, property and environment→Land reform/rights→Land reform and management
Page 2, D. THE CONSTITUENT UNITS
2. The assembly and the government of the constituent units would have power, subject to any legislation of Bosnia and Herzegovina in the limited fields specified above and in accordance with the procedures set out above, to legislate and to administer in matters of concern to the constituent units, namely...expropriation of property for public use, land registries...the use of land...
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 2, D. THE CONSTITUENT UNITS
2. The assembly and the government of the constituent units would have power, subject to any legislation of Bosnia and Herzegovina in the limited fields specified above and in accordance with the procedures set out above, to legislate and to administer in matters of concern to the constituent units, namely...conservation of the historic, artistic and cultural heritage, cultural institutions, such as libraries, institutions and museums...
Environment: Page 2, D. THE CONSTITUENT UNITS
2. The assembly and the government of the constituent units would have power, subject to any legislation of Bosnia and Herzegovina in the limited fields specified above and in accordance with the procedures set out above, to legislate and to administer in matters of concern to the constituent units, namely...environmental controls...nature reserves ...agriculture and forests...
Water or riparian rights or access: Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
2. The assembly, acting through the chamber of citizens and the chamber of constituent units, and the government, would have competence to legislate, to consider and adjust proposals from the constituent units and to administer in the following fields:...pipelines and water management, and other items to be decided.

Page 2, D. THE CONSTITUENT UNITS
2. The assembly and the government of the constituent units would have power, subject to any legislation of Bosnia and Herzegovina in the limited fields specified above and in accordance with the procedures set out above, to legislate and to administer in matters of concern to the constituent units, namely...aqueducts, water management...

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: Page 2, D. THE CONSTITUENT UNITS
2. The assembly and the government of the constituent units would have power, subject to any legislation of Bosnia and Herzegovina in the limited fields specified above and in accordance with the procedures set out above, to legislate and to administer in matters of concern to the constituent units, namely...police...security at public performances...
Armed forces: Page 1, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA
2. The assembly, acting through the chamber of citizens and the chamber of constituent units, and the government, would have competence to legislate, to consider and adjust proposals from the constituent units and to administer in the following fields:... defence...Decisions concerning...matters concerning defence, macro-economic policy...would be decided in the chamber of constituent units by a majority of four-fifths of the total number of the representatives in it.

Page 1-2, C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA, Note
1. Matters concerning the future armed forces of Bosnia and Herzegovina will be defined in the course of these negotiations. This does not refer to the present army, the question of which will be solved separately.

Page 3, ANNEX 1
The leaders of the three main parliamentary parties meeting in Brussels under the auspices of the European Community for the sixth round of talks on future constitutional arrangements for Bosnia and Herzegovina:...
Urgently appeal to all in Bosnia and Herzegovina, regardless of ethnic origins, religious beliefs and political affiliation, to refrain from violence, provocation of violence and from any other military or political action that might jeopardise the agreements already made by the three parties and cast doubts on a successful outcome of the talks.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 3, ANNEX 2, Human rights
4. A monitoring mission including members drawn from the European Community would be
established which could, at the request of 2 representatives on the Mixed Commission for human rights, investigate and report on any allegation of infringement of the rights referred to in paragraph 1 above.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: University of Liverpool, David Owen Papers
https://www.liverpool.ac.uk/library/sca/colldescs/owen/

Statement of Principles for New Constitutic:

nal Arrangements for Bosnia and Herzegovina

Sarajevo

18th March 1992

A. INDEPENDENCE

1. Bosnia and Herzegovina would be a state, composed of three constituent units, based on national principles and taking into account economic, geographic and other criteria.

2. Bosnia and Herzegovina would continue to have its existing borders and neither the government of Bosnia and Herzegovina nor the governments of the constituent units will encourage or support claims to any part of its tenitory by neighbouring states.

3. Sovereignty resides in the citizens of the Muslim, Serb and Croat nations and other nations and nationalities, who realise it through their civic participation in the constituent units and the central organs of the republic.

B. GENERAL PRINCIPLES

1. Bosnia and Herzegovina and its constituent units would be governed in accordance with the following constitutional principles, as understood and generally practised among the democratic states of Western Europe and as set out in draft convention under discussion in the conference:

a. Respect for human rights at the highest standards as envisaged in the draft convention, respect for private ownership, the market economy and free enterprise;

b. The general and equal right to vote, free elections and secret voting;

c. Freedom for political and trade union activities;

d. A secular state system with full religious freedom and separation of church and state, separation of powers between the branches of government, the rule of law and a democratic and effective system of control and protection of constitutionality and legality;

e. International control and jurisdiction for the protection of human rights and freedom.

C. THE ASSEMBLY AND GOVERNMENT OF BOSNIA AND HERZEGOVINA

1. The assembly of Bosnia and Herzegovina would be composed of a chamber of citizens, which would be directly elected, and chamber of constituent units in which each of the constituent units would have an equal number of representatives.

2. The assembly, acting through the chamber of citizens and the chamber of constituent units, and the government, would have competence to legislate, to consider and adjust proposals from the constituent units and to administer in the following fields:

central bank and monetary policy, foreign relations, defence, general economic policy, economic relations, including, where any of the following affect more than one constituent unit, transport, energy supplies, pipelines and water management, and other items to be decided.

Decisions concerning the flag and emblem, higher

education, religion, matters concerning defence, macro-economic policy, important or general matters concerning economic policy, decisions concerning relations between Bosnia and Herzegovina and states neighbouring Bosnia and Herzegovina and other items to be decide would

be decided in the chamber of constituent units by a majority of four-fifths of the total number of the representatives in it.

Note:

1) Matters concerning the future armed forces of Bosnia and Herzegovina will be defined in the course of these negotiations.

This does not refer to the present army, the question of which will be solved separately.

3. The composition of the civil service and the judiciary of Bosnia and Herzegovina would reflect proportionally the national composition of Bosnia and Herzegovina.

4. In order to resolve constitutional questions beween the authorities of Bosnia and Herzegovina of the constituent units, a special tribunal would be established, which would, for a period of not less than five years, include impartial elements drawn from outside Bosnia and Herzegovina and its

neighbouring states.

This tribunal will have one member from each unit and the same number and one more drawn from outside.

It takes decisions by simple majority.

D. THE CONSTITUENT UNITS

1. Within Bosnia and Herzegovina, constituent units would be established, which are defined in part E below.

2. The assembly and the government of the constituent units would have power, subject to any legislation of Bosnia and Herzegovina in the limited fields specified above and in accordance with the procedures set out above, to legislate and to administer in matters of concern to the constituent

units, namely, the administration of the services and officials of a constituent unit, expropriation of property for public use, land registries, fire prevention, chambers of commerce, supervision of cooperative trading organizations, saving banks and credit institutions, supervision of charitable

institutions, social security, sickness insurance, conservation of the historic, artistic and cultural heritage, cultural institutions, such as libraries, institutions and museums, the use of land, environmental controls, housing, markets, roads, emergency services, mining, hunting and fishing,

nature reserves, aquaducts, water management, pipelines, transport within the constituent unit, tourism, agriculture and forests, social assistance, education schools, police, trade and other aspects of economic policy, security at public performances, hygiene, sport and recreation and

other items to be decided.

Each constituent unit would organise its own institutions.

A constituent unit may establish and maintain relations and links with the other republics and with organizations in them provided that these relations and links are consistent with the independence and integrity of Bosnia and Herzegovina.

3. All the institutions (civil service, the judiciary, etc.)

established by a constituent unit would reflect proportionally the national composition of the constituent unit.

4. Members of the nations who would be in a minority in a particular constituent unit would receive protection similar to that in article 2(3) of the draft convention.

E. DEFINITION OF THE CONSTITUENT UNITS

A working group will be established in order to define the territory of the constituent units based on national principles and taking into account economic, geographical and other criteria.

A map based on the national absolute or relative majority in each municipality will be the basis of work in the working group, and will be subject only to amendments, justified by the above-mentioned criteria.

A copy is annexed to this statement.

F. TRANSITIONAL STEPS

1. Subject to the definition of the constituent units for the purpose of the future arrangements in accordance with part E of this statement, a constitutional law to modify the constitution in order to give effect to these principles will be prepared and submitted to assembly as soon as possible, and will have to be confirmed by a referendum of the people under international supervision.

This paper is the basis of further negotiations.

ANNEX 1

The leaders of the three main parliamentary parties meeting in Brussels under the auspices of the European Community for the sixth roond of talks on future constitutional arrangements for Bosnia and Herzegovina:

Solemnly undertake to do all in their power to bring down the level of violence in Bosnia and Herzegovina.,

Urgently appeal to all in Bosnia and Herzegovina, regardless of ethnic origins, religious beliefs and political affiliation, to refrain from violence, provocation of violence and from any other military or political action that might jeopardise the agreements already made by the three parties and cast doubts on a successful outcome of the talks.

They are firmly convinced that a peaceful environment will facilitate understanding, speed up negotiations and allow for the drafting of a new constitution acceptable to all in the shortest possible time.

ANNEX 2

Additional part to be added after part B of the Statement of Principles of 18 March 1992

Human rights

1. The Constitution wruld include provisions providing for the protection of human rights and rights of minorities as envisaged in article 2 a), b) and d) of the draft convention of the EC Peace Conference on Yugoslavia and full effect would be given to those rights by the authorities of Bosnia

and Herzegovina and the authorities of the constituent units.

2. Cases in courts involving allegations of a breach of those rights would be decided, as a final court of appeal by the special tribunal, envisaged in paragraph C4 of the agreed Statement of Principles the jurisdiction of that tribunal would extend to cover such cases.

3. A mixed commission for human rights would be established, composed of one representative of each of the three nations and four representatives including the chairman for the European Community.

The mixed commission would consiser and make recommendations by majority vote on any question relating to those rights which are brought before it.

4. A monitoring mission including members drawn from the European Community would be established which could, at the request of 2 representatives on the Mixed Commission for human rights, investigate and report on any allegation of infringement of the rights referred to in

paragraph 1 above.

ANNEX 3

The working group on definition of the constituent units in Bosnia and Herzegovina

1. The working group will consist of three persons from each of the three parties represented in the talks on future constitutional arrangements for Bosnia and Herzegovina, together with three persons, including a chairman, nominated by the European Community.

2. It will meet as soon as all its members have been nominated and will make recommendations by 15 May 1992 to the chairman of the constitutional talks.

3. The working group will draw a map of the constituent units.

While basing its work on national principles, the criteria which the working group will take into account in addition to economic and geographical criteria, include historical, religious, cultural and educational, transport and

communications, and the will of inhabitants, to the extent that the members of the working group consider that the application of these criteria are justified.

4. The working group will endeavour to reach unanimous recommendations reconciling the competing claims and considerations presented to it.

But, if it is unable to reach agreement its members may present separate recommendations.