Further Agreed Basic Principles (additional to those issued 8 September 1995, in Geneva)

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Further Agreed Basic Principles (additional to those issued 8 September 1995, in Geneva)
Date: 26 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: the Permanent Representatives of France, Germany, Italy, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America to the United Nations
Description: This short agreement contains further principles additional to those agreed on 8 September 1995 at Geneva, as basis for talks on ending the war in Bosnia, which includes principles on a future settlement, the division of the state into two entities, establishing institutions, and holding elections.

Agreement document: BA_950926_FurtherAgreedPrinciples.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→Rhetorical
Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for...(b) the right of displaced persons to repossess their property or to 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): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→New political institutions (indefinite)
Page 1, 6.
Following the elections, the affairs and prerogatives of Bosnia and Herzegovina will be vested in the following institutions, in accordance with all of the Agreed Basic Principles.

Page 1, 6.1
A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.

Page 1-2, 6.2
A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.

Page 2, 6.3
A cabinet of such ministers as may be appropriate.

Page 2, 6.6
The foregoing institutions will have responsibility for the foreign policy of Bosnia and Herzegovina. The parties will negotiate further to determine the extent to which these institutions will also have responsibility for other matters consistent with all of the Agreed Basic Principles.
Elections: Page 1, 5.
It is the goal that free democratic elections be held in both entities as soon as social conditions permit. In order to maximize the democratic effectiveness of such elections, the following steps will be taken by both entities.

Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement; (b) the right of displaced persons to repossess their property or to receive just compensation; (c) freedom of speech and of the press; and (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.

Page 1, 5.2
As soon as possible the Organization for Security and Cooperation in Europe (OSCE) (or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which (a) the obligations listed in all of the Agreed Basic Principles have been fulfilled, and (b) social conditions are being restored to a level at which the election process may be effective.

Page 1, 5.3
Within 30 days after the OSCE delegations have concluded that free and democratic elections can be properly held in both entities, the Governments of the two entities will conduct free and democratic elections and will fully cooperate with an international monitoring programme.
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 2, 6.4
A constitutional court with jurisdiction to decide all questions arising under the Constitution of Bosnia and Herzegovina as it will be revised in accordance with all of the Agreed Basic Principles.

Power sharing

Political power sharing: Power sharing→Political power sharing→Executive coalition
State level
Page 1-2, 6.2
A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.
Power sharing→Political power sharing→Proportionality in legislature
State level
Page 1, 6.1
A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.
Power sharing→Political power sharing→Form of 'veto' or communal majority
State level
Page 1, 6.1
A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.

Page 1-2, 6.2
A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.
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: Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for..(d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
Bill of rights/similar: Page 1,
5.1 Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement; (b) the right of displaced persons to repossess their property or to receive just compensation; (c) freedom of speech and of the press; and (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
Treaty incorporation: Page 1, 4.
Each of the two entities will honour the international obligations of Bosnia and Herzegovina, as long as the obligation is not a financial obligation incurred by one entity without the consent of the other.

Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for...(d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
Civil and political rights: Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for...(c) freedom of speech and of the press;
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: Page 1, 5.
It is the goal that free democratic elections be held in both entities as soon as social conditions permit. In order to maximize the democratic effectiveness of such elections, the following steps will be taken by both entities.

Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for... (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
Detention procedures: No specific mention.
Media and communication: Rights related issues→Media and communication→Media roles
Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for...(c) freedom of speech and of the press;
Mobility/access: Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement;
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: Page 2, 6.4
A constitutional court with jurisdiction to decide all questions arising under the Constitution of Bosnia and Herzegovina as it will be revised in accordance with all of the Agreed Basic Principles.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

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

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

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

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: 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 1, 5.2
5.2 As soon as possible the Organization for Security and Cooperation in Europe (OSCE)(or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which (a) the obligations listed in all of the Agreed Basic Principles have been fulfilled, and (b) social conditions are being restored to a level at which the election process may be effective.
Enforcement mechanism: Page 1, 5.2
5.2 As soon as possible the Organization for Security and Cooperation in Europe (OSCE)(or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which (a) the obligations listed in all of the Agreed Basic Principles have been fulfilled and (b) social conditions are being restored to a level at which the election process may be effective.
Related cases: No specific mention.
Source: Letter dated 95/10/31 from the Permanent Representatives of France, Germany, Italy, 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/50/718, S/1995/920), Annex I, pp. 2-3
http://repository.un.org/

Further Agreed Basic Principles (additional to those signed on 8 September 1995 at Geneva)

4. Each of the two entities will honour the international obligations of Bosnia and Herzegovina, as long as the obligation is not a financial obligation

incurred by one entity without the consent of the other.

5. It is the goal that free democratic elections be held in both entities as soon as social conditions permit.

In order to maximize the democratic

effectiveness of such elections, the following steps will be taken by both entities.

5.1 Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement;

(b) the right of displaced persons to repossess their property or to receive just compensation;

and (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.

5.2 As soon as possible the Organization for Security and Cooperation in Europe (OSCE) (or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which

(a) the obligations listed in all of the Agreed Basic Principles have been fulfilled, and (b) social conditions are being restored to a level at which the

election process may be effective.

5.3 Within 30 days after the OSCE delegations have concluded that free and democratic elections can be properly held in both entities, the Governments of the two entities will conduct free and democratic elections and will fully cooperate with an international monitoring programme.

6. Following the elections, the affairs and prerogatives of Bosnia and Herzegovina will be vested in the following institutions, in accordance with all

of the Agreed Basic Principles.

6.1 A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska.

All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.

6.2 A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska.

All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament.

If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.

6.3 A cabinet of such ministers as may be appropriate.

6.4 A constitutional court with jurisdiction to decide all questions arising under the Constitution of Bosnia and Herzegovina as it will be revised

in accordance with all of the Agreed Basic Principles.

6.5 The parties will negotiate in the immediate future as to further aspects of the management and operation of these institutions.

6.6 The foregoing institutions will have responsibility for the foreign policy of Bosnia and Herzegovina.

The parties will negotiate further to

determine the extent to which these institutions will also have responsibility for other matters consistent with all of the Agreed Basic Principles.