Agreed Basic Principles signed on 8 September 1995 at Geneva

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Agreed Basic Principles signed on 8 September 1995 at Geneva
Date: 8 Sep 1995
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

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

Bosnia-Herzegovina

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

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: H.E. Mr. Muhamed Sacirbey, Foreign Minister of the Republic of Bosnia and Herzegovina (Bosnia and Herzegovina); H.E. Mr. Mate Granic, Foreign Minister of the Republic of Croatia (Croatia); and H.E. Mr. Milan Milutinovic, Foreign Minister of the Federal Republic of Yugoslavia (Yugoslavia)
Third parties: Witnessed by: representatives of France, Germany, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America, and by the European Union Special Negotiator for the Former Yugoslavia
Description: This short agreement contains principles as basis for talks on ending the war in Bosnia, which includes principles on state configuration, and the division of the state into two entities: the Federation of Bosnia and Herzegovina and the Republica Srpska.

Agreement document: BA_950908_AgreedBasicPrinciples.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 1, 2.4
The two entities will enter into reciprocal commitments...(b) to adopt and adhere to normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation; and (c) to engage in binding arbitration to resolve disputes between them.

Page 3.1
The appointment of a Commission for Displaced Persons authorized to enforce (with assistance from international entities) the obligations of both entities to enable displaced persons to repossess their homes or receive just compensation.
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, 1.
Bosnia and Herzegovina will continue its legal existence with its present borders and continuing international recognition.

Page 1, 2.3
Both entities will have the right to establish parallel special relationships with neighbouring countries, consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.
State configuration: Page 1, 2.
Bosnia and Herzegovina will consist of two entities, the Federation of Bosnia and Herzegovina as established by the Washington Agreements, and the Republica Srpska (RS).
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: Page 1, 1.
Bosnia and Herzegovina will continue its legal existence with its present borders and continuing international recognition.
Cross-border provision: Page 1, 2.3
Both entities will have the right to establish parallel special relationships with neighbouring countries, consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.

Governance

Political institutions (new or reformed): No specific mention.
Elections: Page 1, 2.4
The two entities will enter into reciprocal commitments (a) to hold complete elections under international auspices;
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: Governance→Constitution→Constitutional reform/making
Page 1, 2.2
Each entity will continue to exist under its present constitution (amended to accommodate these basic principles).

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Federal or similar sub-divided government
Page 1, 2.
Bosnia and Herzegovina will consist of two entities, the Federation of Bosnia and Herzegovina as established by the Washington Agreements, and the Republica Srpska (RS).

Page 2, 3.5
The design and implementation of a system of arbitration for the solution of disputes between the two entities.
Power sharing→Territorial power sharing→Other
Page 1, 2.1
The 51:49 parameter of the territorial proposal of the Contact Group is the basis for a settlement. This territorial proposal is open for adjustment by mutual agreement.
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, 2.4
The two entities will enter into reciprocal commitments...(b) to adopt and adhere to normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation;
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, 2.4
The two entities will enter into reciprocal commitments...(b) to adopt and adhere to normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation;
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: Rights institutions→NHRI→New or fundamentally revised NHRI
Page 1, 3.2
The establishment of a Bosnia and Herzegovina Human Rights Commission, to enforce the entities’ human rights obligations. The two entities will abide by the Commission’s decisions.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Promotion
Page 2, 3.4
The appointment of a Commission to Preserve National Monuments.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: No specific mention.
DDR: No specific mention.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

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

Implementation

UN signatory: No specific mention.
Other international signatory: Witnessed by representatives of France, Germany, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America to the United Nations, and by the European Union Special Negotiator for the Former Yugoslavia
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 95/09/08 from the representatives of France, Germany, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America to the United Nations addressed to the Secretary-General (A/50/419), Annex II, pp.5-6
http://repository.un.org/

Agreed Basic Principles signed on 8 September 1995 at Geneva

Text of principles agreed to Friday at Geneva as the basis for talks on ending the war in Bosnia:

Agreed Basic Principles

1. Bosnia and Herzegovina will continue its legal existence with its present borders and continuing international recognition.

2. Bosnia and Herzegovina will consist of two entities, the Federation of Bosnia and Herzegovina as established by the Washington Agreements, and the Republica Srpska (RS the te).

2.1 The 51:49 parameter ofrritorial proposal of the Contact Group is the basis for a settlement.

This territorial proposal is open for adjustment

by mutual agreement.

2.2 Each entity will continue to exist under its present constitution (amended to accommodate these basic principles).

2.3 Both entities will have the right to establish parallel special relationships with neighbouring countries, consistent with the sovereignty and

territorial integrity of Bosnia and Herzegovina.

2.4 The two entities will enter into reciprocal commitments (a) to hold complete elections under international auspices;

(b) to adopt and adhere to

normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation;

and (c) to engage in binding arbitration to resolve disputes between them.

3. The entities have agreed in principle to the following:

3.1 The appointment of a Commission for Displaced Persons authorized to enforce (with assistance from international entities) the obligations of both entities to enable displaced persons to repossess their homes or receive just compensation.

3.2 The establishment of a Bosnia and Herzegovina Human Rights Commission, to enforce the entities’ human rights obligations.

The two entities will abide by the Commission’s decisions.

3.3 The establishment of joint Bosnia and Herzegovina public corporations, financed by the two entities, to own and operate transportation and other facilities for the benefit of both entities.

3.4 The appointment of a Commission to Preserve National Monuments.

3.5 The design and implementation of a system of arbitration for the solution of disputes between the two entities.