General Framework Agreement for Peace in Bosnia and Herzegovina
Date Signed: 21 November, 1995
Accord Type: Comprehensive Peace Agreement
Country: Bosnia and Herzegovina
93.06Implementation Score after 10 years
Provisions in this Accord
Cease Fire
1995
According to the UN Secretary General’s report,1 as soon as the cease fire agreement entered into force, the security situation in Bosnia and Herzegovina improved significantly. The compliance of provisions under the cease-fire agreement was much better and neither side was found engaging in offensive activities. The report further suggested that all parties were participating in joint military commissions. The complete cessation of hostilities was observed after October 1995.
- “Report of the Secretary-General Pursuant to Security Council Resolutions 981 (1995), 982 (1995) and 983 (1995),” United Nations Security Council (S/1995/987), November 23, 1995.
1996
Notwithstanding the NATO enforced peace agreement, sporadic hostilities were reported between the three hostile factions in Bosnia on 6 January 1996. Skirmishes were reported in a the Serb suburb of Sarajevo. A Croatian policeman was shot to death in the Muslim side of Mostar town.1This violence occurred in conjunction with the handover of Serb-held suburbs to the Federation. The hostilities continued even when the warring sides met in Bosnia to discuss demobilization of their respective armed forces.2
Amidst upcoming elections, tit for tat violence took place in central Bosnia. Two mosques were damaged, one Catholic church firebombed, several vehicles destroyed, and a clutch of Muslim houses mined. These incidents were said to have involved Bosnia’s Muslims and Croats, who feared that upcoming elections would lead to rule by the “other lot.”3 These hostilities, however, did not lead to a major outbreak of violence.
- “Gunfire rings out again over the weekend in Bosnia,” USA Today, January 8,1996.
- “Former warring sides in Bosnia meet to discuss demobilization,” Deutsche Presse-Agentur, April 20, 1996.
- “Bosnia. Unravelling,” The Economist, August 3, 1996, 44.
1997
No hostilities of major scale were reported.
1998
There were no hostilities of major scale reported, but riots occurred in Drvar by Croats against returning Serb refugees in April 1998.
1999
No hostilities of major scale were reported.
2000
No hostilities of major scale were reported.
2001
No hostilities of major scale were reported.
2002
No hostilities of major scale were reported. The United Nations Mission in Bosnia and Herzegovina was withdrawn in December.
2003
No hostilities of major scale were reported.
2004
No hostilities of major scale were reported. Replacing NATO, the European Union took on its biggest military mission on 2 December 2004. It was in charge of 7,000 peacekeeping troops in Bosnia.1
2005
No hostilities of major scale were reported.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 1-A
Article II: Cessation of Hostilities
1. The Parties shall comply with the cessation of hostilities begun with the agreement of October 5, 1995 and shall continue to refrain from all offensive operations of any type against each other. An offensive operation in this case is an action that includes projecting forces or fire forward of a Party’s own lines. Each Party shall ensure that all personnel and organizations with military capability under its control or within territory under its control, including armed civilian groups, national guards, army reserves, military police, and the Ministry of Internal Affairs Special Police (MUP) (hereinafter “Forces”) comply with this Annex. The term “Forces” does not include UNPROFOR, the International Police Task Force referred to in the General Framework Agreement, the IFOR or other elements referred to in Article I, paragraph 1 (c).
2. In carrying out the obligations set forth in paragraph 1, the Parties undertake, in particular, to cease the firing of all weapons and explosive devices except as authorized by this Annex. The Parties shall not place any additional minefields, barriers, or protective obstacles. They shall not engage in patrolling, ground or air reconnaissance forward of their own force positions, or into the Zones of Separation as provided for in Article IV below, without IFOR approval.
3. The Parties shall provide a safe and secure environment for all persons in their respective jurisdictions, by maintaining civilian law enforcement agencies operating in accordance with internationally recognized standards and with respect for internationally recognized human rights and fundamental freedoms, and by taking such other measures as appropriate. The Parties also commit themselves to disarm and disband all armed civilian groups, except for authorized police forces, within 30 days after the Transfer of Authority.
4. The Parties shall cooperate fully with any international personnel including investigators, advisors, monitors, observers, or other personnel in Bosnia and Herzegovina pursuant to the General Framework Agreement, including facilitating free and unimpeded access and movement and by providing such status as is necessary for the effective conduct of their tasks.
5. The Parties shall strictly avoid committing any reprisals, counter-attacks, or any unilateral actions in response to violations of this Annex by another Party. The Parties shall respond to alleged violations of the provisions of this Annex through the procedures provided in Article VIII.
Powersharing Transitional Government
1995
In 1995, none of these institutions were established.
1996
Once the post-conflict elections took place on 14 September 1996, the institutional set up of the confederation of Bosnia and Herzegovina was completed. Institutions were set up at the federal, entities, and canton levels with most responsibilities such as taxation, education, and police force placed on the level of cantons. The cantons (five Bosniak, three Croat, and two mixed cantons) were created as a result of the Washington Agreement.
Pospieszna and Schneider (2011) described the complexity of the federal arrangements, which included multiple levels of powersharing:
“The Washington agreement included all three dimensions of power sharing—it provided for the integration of rebels into the army (military power sharing), included provisions for extensive power-sharing in the new government (political power sharing), and called for the division of the territory that was combated into autonomous cantons, establishing the Federation of Bosnia and Herzegovina (territorial power sharing). Under the Dayton Agreement, two power sharing dimensions were included: political—the political divisions of Bosnia and Herzegovina was agreed upon (with the first elections scheduled for 1996), and territorial—specifications were given regarding the creation of the State of Bosnia Herzegovina as a confederation of the Federation of Bosnia-Herzegovina and of the Republika Srpska”.1
- Paulina Pospieszna and Gerald Schneider, “Power Sharing Provisions and Long-Term Success of Mediation in Internal Conflicts,” (paper presented at the 2011 APSA Annual Meeting, Seattle, WA, September 1-4, 2011).
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK ANNEX 4, ARTICLE IV-V
Article IV: Parliamentary Assembly
1. The Parliamentary Assembly shall have two chambers: the House of Peoples and the House of Representatives. House of Peoples. The House of Peoples shall comprise 15 Delegates, two-thirds from the Federation (including five Croats and five Bosniacs) and one-third from the Republika Srpska (five Serbs).
a.) The designated Croat and Bosniac Delegates from the Federation shall be selected, respectively, by the Croat and Bosniac Delegates to the House of Peoples of the Federation. Delegates from the Republika Srpska shall be selected by the National Assembly of the Republika Srpska.
b.) Nine members of the House of Peoples shall comprise a quorum, provided that at least three Bosniac, three Croat, and three Serb Delegates are present.
2. House of Representatives. The House of Representatives shall comprise 42 Members, two- thirds elected from the territory of the Federation, one-third from the territory of the Republika Srpska.
a.) Members of the House of Representatives shall be directly elected from their Entity in accordance with an election law to be adopted by the Parliamentary Assembly. The first election, however, shall take place in accordance with Annex 3 to the General Framework Agreement.
b.) A majority of all members elected to the House of Representatives shall comprise a quorum.
3. Procedures.
a.) Each chamber shall be convened in Sarajevo not more than 30 days after its selection or election.
b.) Each chamber shall by majority vote adopt its internal rules and select from its members one Serb, one Bosniac, and one Croat to serve as its Chair and Deputy Chairs, with the position of Chair rotating among the three persons selected.
c.) All legislation shall require the approval of both chambers.
d.) All decisions in both chambers shall be by majority of those present and voting. The Delegates and Members shallmake their best efforts to see that the majority includes at least one-third of the votes of Delegates or Members fromthe territory of each Entity. If a majority vote does not include one-third of the votes of Delegates or Members fromthe territory of each Entity, the Chair and Deputy Chairs shall meet as a commission and attempt to obtain approvalwithin three days of the vote. If those efforts fail, decisions shall be taken by a majority of those present and voting,provided that the dissenting votes do not include two-thirds or more of the Delegates or Members elected fromeither Entity.
e.) A proposed decision of the Parliamentary Assembly may be declared to be destructive of a vital interest of theBosniac, Croat, or Serb people by a majority of, as appropriate, the Bosniac, Croat, or Serb Delegates selected inaccordance with paragraph l(a) above. Such a proposed decision shall require for approval in the House of Peoples amajority of the Bosniac, of the Croat, and of the Serb Delegates present and voting.
f.) When a majority of the Bosniac, of the Croat, or of the Serb Delegates objects to the invocation of paragraph (e),the Chair of the House of Peoples shall immediately convene a Joint Commission comprising three Delegates, oneeach selected by the Bosniac, by the Croat, and by the Serb Delegates, to resolve the issue. If the Commission fails todo so within five days, the matter will be referred to the Constitutional Court, which shall in an expedited processreview it for procedural regularity.
g.) The House of Peoples may be dissolved by the Presidency or by the House itself, provided that the House’sdecision to dissolve is approved by a majority that includes the majority of Delegates from at least two of theBosniac, Croat, or Serb peoples. The House of Peoples elected in the first elections after the entry into force of thisConstitution may not, however, be dissolved.
h.)Decisions of the Parliamentary Assembly shall not take effect before publication.
i.) Both chambers shall publish a complete record of their deliberations and shall, save in exceptional circumstancesin accordance with their rules, deliberate publicly.
j.) Delegates and Members shall not be held criminally or civilly liable for any acts carried out within the scope oftheir duties in the Parliamentary Assembly.
4. Powers. The Parliamentary Assembly shall have responsibility for:
a.) Enacting legislation as necessary to implement decisions of the Presidency or to carry out the responsibilities ofthe Assembly under this Constitution.
b.) Deciding upon the sources and amounts of revenues for the operations of the institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina.
c.) Approving a budget for the institutions of Bosnia and Herzegovina.
d.) Deciding whether to consent to the ratification of treaties.
e.) Such other matters as are necessary to carry out its duties or as are assigned to it by mutual agreement of theEntities.
Article V: Presidency
1. The Presidency of Bosnia and Herzegovina shall consist of three Members: one Bosniac and one Croat, each directly elected from the territory of the Federation, and one Serb directly elected from the territory of the Republika Srpska. Election and Term.
a.) Members of the Presidency shall be directly elected in each Entity (with each voter voting to fill one seat on the Presidency) in accordance with an election law adopted by the Parliamentary Assembly. The first election, however, shall take place in accordance with Annex 3 to the General Framework Agreement. Any vacancy in the Presidency shall be filled from the relevant Entity in accordance with a law to be adopted by the Parliamentary Assembly.
b.) The term of the Members of the Presidency elected in the first election shall be two years; the term of Members subsequently elected shall be four years. Members shall be eligible to succeed themselves once and shall thereafter be ineligible for four years.
2. Procedures.
a.) The Presidency shall determine its own rules of procedure, which shall provide for adequate notice of all meetings of the Presidency.
b.) The Members of the Presidency shall appoint from their Members a Chair. For the first term of the Presidency, the Chair shall be the Member who received the highest number of votes. Thereafter, the method of selecting the Chair, by rotation or otherwise, shall be determined by the Parliamentary Assembly, subject to Article IV(3).
c.) The Presidency shall endeavor to adopt all Presidency Decisions (i.e., those concerning matters arising underArticle V(3)(a) – (e)) by consensus. Such decisions may, subject to paragraph (d) below, nevertheless be adopted bytwo Members when all efforts to reach consensus have failed.
d.) A dissenting Member of the Presidency may declare a Presidency Decision to be destructive of a vital interest of the Entity from the territory from which he was elected, provided that he does so within three days of its adoption. Such a Decision shall be referred immediately to the National Assembly of the Republika Srpska, if the declaration was made by the Member from that territory; to the Bosniac Delegates of the House of Peoples of the Federation, if the declaration was made by the Bosniac Member; or to the Croat Delegates of that body, if the declaration was made by the Croat Member. If the declaration is confirmed by a two-thirds vote of those persons within ten days of the referral, the challenged Presidency Decision shall not take effect.
3. Powers. The Presidency shall have responsibility for:
a.) Conducting the foreign policy of Bosnia and Herzegovina.
b.) Appointing ambassadors and other international representatives of Bosnia and Herzegovina, no more than two-thirds of whom may be selected from the territory of the Federation.
c.) Representing Bosnia and Herzegovina in international and European organizations and institutions and seeking membership in such organizations and institutions of which Bosnia and Herzegovina is not a member.
d.) Negotiating, denouncing, and, with the consent of the Parliamentary Assembly, ratifying treaties of Bosnia and Herzegovina.
e.) Executing decisions of the Parliamentary Assembly.
f.) Proposing, upon the recommendation of the Council of Ministers, an annual budget to the Parliamentary Assembly.
g.) Reporting as requested, but not less than annually, to the Parliamentary Assembly on expenditures by the Presidency.
h.) Coordinating as necessary with international and nongovernmental organizations in Bosnia and Herzegovina.
i.) Performing such other functions as may be necessary to carry out its duties, as may be assigned to it by the Parliamentary Assembly, or as may be agreed by the Entities.
4. Council of Ministers. The Presidency shall nominate the Chair of the Council of Ministers, who shall take office upon the approval of the House of Representatives. The Chair shall nominate a Foreign Minister, a Minister for Foreign Trade, and other Ministers as may be appropriate, who shall take office upon the approval of the House of Representatives.
a.) Together the Chair and the Ministers shall constitute the Council of Ministers, with responsibility for carrying out the policies and decisions of Bosnia and Herzegovina in the fields referred to in Article III(1), (4), and (5) and reporting to the Parliamentary Assembly (including, at least annually, on expenditures by Bosnia and Herzegovina).
b.) No more than two-thirds of all Ministers may be appointed from the territory of the Federation. The Chair shall also nominate Deputy Ministers (who shall not be of the same constituent people as their Ministers), who shall take office upon the approval of the House of Representatives.
c.) The Council of Ministers shall resign if at any time there is a vote of no-confidence by the ParliamentaryAssembly.
5. Standing Committee.
a.) Each member of the Presidency shall, by virtue of the office, have civilian command authority over armed forces. Neither Entity shall threaten or use force against the other Entity, and under no circumstances shall any armed forces of either Entity enter into or stay within the territory of the other Entity without the consent of the government of the latter and of the Presidency of Bosnia and Herzegovina. All armed forces in Bosnia and Herzegovina shall operate consistently with the sovereignty and territorial integrity of Bosnia and Herzegovina.
b.) The members of the Presidency shall select a Standing Committee on Military Matters to coordinate the activitiesof armed forces in Bosnia and Herzegovina. The Members of the Presidency shall be members of the StandingCommittee.”
Executive Branch Reform
1995
There was no information available on executive branch reform.
1996
A 3-member collective presidency emerged on 18 September 1996 from the 14 September 1996 elections. Bosniak (Bosnian Moslem) President Alija Izetbegovic was declared winner together with Bosnian Serb leader Momcilo Krajisnik and Bosnian Croat member Kresimir Zubak.1
President Alija Izetbegovic was the winner only in the sense that he received the most votes in total, and therefore earned the right to be the first chair of the tripartite presidency — there were, in effect, separate elections for each of the three presidents, meaning that there were three winners (of three elections) rather than one. The first meeting of the three member presidency met on 30 September 1996 in Sarajevo.2
Though they were in disagreement on the appointment of key positions, including Cabinet Ministers, these problems were resolved. This 3-member collective presidency was elected for a two year term, as outlined in the Dayton Accord.
As required by the Dayton Accord, executive branch reform took place with the establishment of a set of new institutions following the September 14, 1996 elections.
- “Bosnia’s three-man presidency to meet next week,” Agence France Presse, September 22, 1996.
- “Bosnia’s Newly Elected Presidency Meets,” Associated Press, September 30, 1996.
1997
No developments observed this year.
1998
Presidential elections for four year terms took place on September 12, 1998, according to provisions in the Dayton Accord.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 4
Article V: Presidency
The Presidency of Bosnia and Herzegovina shall consist of three Members: one Bosniak and one Croat, each directly elected from the territory of the Federation, and one Serb directly elected from the territory of the Republika Srpska.
1. Election and Term.
a.) Members of the Presidency shall be directly elected in each Entity (with each voter voting to fill one seat on the Presidency) in accordance with an election law adopted by the Parliamentary Assembly. The first election, however, shall take place in accordance with Annex 3 to the General Framework Agreement. Any vacancy in the Presidency shall be filled from the relevant Entity in accordance with a law to be adopted by the Parliamentary Assembly.
b.) The term of the Members of the Presidency elected in the first election shall be two years; the term of Members subsequently elected shall be four years. Members shall be eligible to succeed themselves once and shall thereafter be ineligible for four years.
2. Procedures.
a.) The Presidency shall determine its own rules of procedure, which shall provide for adequate notice of all meetings of the Presidency.
b.) The Members of the Presidency shall appoint from their Members a Chair. For the first term of the Presidency, the Chair shall be the Member who received the highest number of votes. Thereafter, the method of selecting the Chair, by rotation or otherwise, shall be determined by the Parliamentary Assembly, subject to Article IV(3).
c.) The Presidency shall endeavor to adopt all Presidency Decisions (i.e., those concerning matters arising under Article V(3)(a) – (e)) by consensus. Such decisions may, subject to paragraph (d) below, nevertheless be adopted by two Members when all efforts to reach consensus have failed.
d.) A dissenting Member of the Presidency may declare a Presidency Decision to be destructive of a vital interest of the Entity from the territory from which he was elected, provided that he does so within three days of its adoption. Such a Decision shall be referred immediately to the National Assembly of the Republika Srpska, if the declaration was made by the Member from that territory; to the Bosniak Delegates of the House of Peoples of the Federation, if the declaration was made by the Bosniak Member; or to the Croat Delegates of that body, if the declaration was made by the Croat Member. If the declaration is confirmed by a two-thirds vote of those persons within ten days of the referral, the challenged Presidency Decision shall not take effect.
3. Powers. The Presidency shall have responsibility for:
a.) Conducting the foreign policy of Bosnia and Herzegovina.
b.) Appointing ambassadors and other international representatives of Bosnia and Herzegovina, no more than two-thirds of whom may be selected from the territory of the Federation.
c.) Representing Bosnia and Herzegovina in international and European organizations and institutions and seeking membership in such organizations and institutions of which Bosnia and Herzegovina is not a member.
d.) Negotiating, denouncing, and, with the consent of the Parliamentary Assembly, ratifying treaties of Bosnia and Herzegovina.
e.) Executing decisions of the Parliamentary Assembly.
f.) Proposing, upon the recommendation of the Council of Ministers, an annual budget to the Parliamentary Assembly.
g.) Reporting as requested, but not less than annually, to the Parliamentary Assembly on expenditures by the Presidency.
h.) Coordinating as necessary with international and nongovernmental organizations in Bosnia and Herzegovina.
i.) Performing such other functions as may be necessary to carry out its duties, as may be assigned to it by the Parliamentary Assembly, or as may be agreed by the Entities.
4. Council of Ministers. The Presidency shall nominate the Chair of the Council of Ministers, who shall take office upon the approval of the House of Representatives. The Chair shall nominate a Foreign Minister, a Minister for Foreign Trade, and other Ministers as may be appropriate, who shall take office upon the approval of the House of Representatives.
a.) Together the Chair and the Ministers shall constitute the Council of Ministers, with responsibility for carrying out the policies and decisions of Bosnia and Herzegovina in the fields referred to in Article III(1), (4), and (5) and reporting to the Parliamentary Assembly (including, at least annually, on expenditures by Bosnia and Herzegovina).
b.) No more than two-thirds of all Ministers may be appointed from the territory of the Federation. The Chair shall also nominate Deputy Ministers (who shall not be of the same constituent people as their Ministers), who shall take office upon the approval of the House of Representatives.
c.) The Council of Ministers shall resign if at any time there is a vote of no-confidence by the Parliamentary Assembly.
5. Standing Committee.
a.) Each member of the Presidency shall, by virtue of the office, have civilian command authority over armed forces. Neither Entity shall threaten nor use force against the other Entity, and under no circumstances shall any armed forces of either Entity enter into or stay within the territory of the other Entity without the consent of the government of the latter and of the Presidency of Bosnia and Herzegovina. All armed forces in Bosnia and Herzegovina shall operate consistently with the sovereignty and territorial integrity of Bosnia and Herzegovina.
b.) The members of the Presidency shall select a Standing Committee on Military Matters to coordinate the activities of armed forces in Bosnia and Herzegovina. The Members of the Presidency shall be members of the Standing Committee.
Legislative Branch Reform
1995
The accord created a House of Peoples and House of Representatives. No information was available on the parliamentary assembly in December of 1995.
1996
National elections took place on 14 September 1996, in which Bosnia’s ethno-national parties dominated the election results. According to a news report, “the Muslim-led Party of Democratic Action took 19 of the 42 seats in the House of Representatives, which is intended to unite all three ethnic factions in a common legislative body. The hard-line Serb Democratic Party took 9 seats and the Croatian Democratic Union won 7. The balance went to smaller parties that had been in the opposition during the war.”1
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX-4
Article IV: Parliamentary Assembly
The Parliamentary Assembly shall have two chambers: the House of Peoples and the House of Representatives. House of Peoples.
1. The House of Peoples shall comprise 15 Delegates, two-thirds from the Federation (including five Croats and five Bosniaks) and one-third from the Republika Srpska (five Serbs).
a.) The designated Croat and Bosniak Delegates from the Federation shall be selected, respectively, by the Croat and Bosniac Delegates to the House of Peoples of the Federation. Delegates from the Republika Srpska shall be selected by the National Assembly of the Republika Srpska.
b.) Nine members of the House of Peoples shall comprise a quorum, provided that at least three Bosniak, three Croat, and three Serb Delegates are present.
2. House of Representatives. The House of Representatives shall comprise 42 Members, two- thirds elected from the territory of the Federation, one-third from the territory of the Republika Srpska.
a.) Members of the House of Representatives shall be directly elected from their Entity in accordance with an election law to be adopted by the Parliamentary Assembly. The first election, however, shall take place in accordance with Annex 3 to the General Framework Agreement.
b.) A majority of all members elected to the House of Representatives shall comprise a quorum.
3. Procedures.
a.) Each chamber shall be convened in Sarajevo not more than 30 days after its selection or election.
b.) Each chamber shall by majority vote adopt its internal rules and select from its members one Serb, one Bosniak, and one Croat to serve as its Chair and Deputy Chairs, with the position of Chair rotating among the three persons selected.
c.) All legislation shall require the approval of both chambers.
d.) All decisions in both chambers shall be by majority of those present and voting. The Delegates and Members shall make their best efforts to see that the majority includes at least one-third of the votes of Delegates or Members from the territory of each Entity. If a majority vote does not include one-third of the votes of Delegates or Members from the territory of each Entity, the Chair and Deputy Chairs shall meet as a commission and attempt to obtain approval within three days of the vote. If those efforts fail, decisions shall be taken by a majority of those present and voting, provided that the dissenting votes do not include two-thirds or more of the Delegates or Members elected from either Entity.
e.) A proposed decision of the Parliamentary Assembly may be declared to be destructive of a vital interest of the Bosniak, Croat, or Serb people by a majority of, as appropriate, the Bosniak, Croat, or Serb Delegates selected in accordance with paragraph l(a) above. Such a proposed decision shall require for approval in the House of Peoples a majority of the Bosniak, of the Croat, and of the Serb Delegates present and voting.
f.)When a majority of the Bosniak, of the Croat, or of the Serb Delegates objects to the invocation of paragraph (e), the Chair of the House of Peoples shall immediately convene a Joint Commission comprising three Delegates, one each selected by the Bosniak, by the Croat, and by the Serb Delegates, to resolve the issue. If the Commission fails to do so within five days, the matter will be referred to the Constitutional Court, which shall in an expedited process review it for procedural regularity.
g.) The House of Peoples may be dissolved by the Presidency or by the House itself, provided that the House’s decision to dissolve is approved by a majority that includes the majority of Delegates from at least two of the Bosniak, Croat, or Serb peoples. The House of Peoples elected in the first elections after the entry into force of this Constitution may not, however, be dissolved.
h.) Decisions of the Parliamentary Assembly shall not take effect before publication.
i.) Both chambers shall publish a complete record of their deliberations and shall, save in exceptional circumstances in accordance with their rules, deliberate publicly.
j.) Delegates and Members shall not be held criminally or civilly liable for any acts carried out within the scope of their duties in the Parliamentary Assembly.
4. Powers. The Parliamentary Assembly shall have responsibility for:
a.) Enacting legislation as necessary to implement decisions of the Presidency or to carry out the responsibilities of the Assembly under this Constitution.
b.) Deciding upon the sources and amounts of revenues for the operations of the institutions of Bosnia and Herzegovina and international obligations of Bosnia and Herzegovina.
c.) Approving a budget for the institutions of Bosnia and Herzegovina.
d.) Deciding whether to consent to the ratification of treaties.
e.) Such other matters as are necessary to carry out its duties or as are assigned to it by mutual agreement of the Entities.
Constitutional Reform
1995
No constitutional changes took place.
1996
The Office of the High Representative (OHR) stated in its report to the U.N. Secretary General that the process of adopting the constitution of the Federation of Bosnia and Herzegovina and the Republika Srpska to the provisions of the Constitution of Bosnia and Herzegovina had now almost been completed. According to the report, the Venice Commission of the Council of Europe studied the constitutional amendments made by the entities and recommended further steps that were necessary.1
According to the OHR, “Amendments II to XXIV to the Constitution of the Federation of Bosnia and Herzegovina were passed by the Constitutional Assembly of the Federation of BiH (sic), at its 14th session held on 5 June 1996. They were published in Official Gazette of the Federation of Bosnia and Herzegovina 13/1997”.2This satisfied the constitutional change requirement of the Dayton Accord.
- “3rd Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1996, accessed May 4, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3666.
- “Constitution,” Office of the High Representative (OHR), accessed May 4, 2011.
1997
According to the OHR, “amendments XXV and XXVI to the Constitution of the Federation of Bosnia and Herzegovina were passed according to the procedure in Chapter VIII, finalized on 8 May 1997. They were also published in Official Gazette of the Federation of Bosnia and Herzegovina 13/1997”.1
1998
No developments observed this year.
1999
No developments observed this year.
2000
No developments observed this year.
2001
No developments observed this year.
2002
The constitution was further amended in 2002 and 2003 as per the High Representative’s decisions. The Amendment required each constituent people to be treated equally in each entity.1
- “Implementing Equality: The ‘Constituent Peoples’ Decision In Bosnia & Herzegovina,” International Crisis Group (ICG Balkans Report No. 128), 2002, http://www.crisisgroup.org/~/media/Files/europe/Bosnia%2045.ashx.
2003
The constitution was further amended in 2003 as per the High Representative’s decisions.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK AGREEMENT FOR PEACE IN BOSNIA AND HERZEGOVINA
Article V
The Parties welcome and endorse the arrangements that have been made concerning the Constitution of Bosnia and Herzegovina, as set forth in Annex 4. The Parties shall fully respect and promote fulfillment of the commitments made therein.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 4
Article XII: Entry into Force
1. This Constitution shall enter into force upon signature of the General Framework Agreement as a constitutional act amending and superseding the Constitution of the Republic of Bosnia and Herzegovina.
2. Within three months from the entry into force of this Constitution, the Entities shall amend their respective constitutions to ensure their conformity with this Constitution in accordance with Article III(3)(b).
Annex II: Transitional Arrangements
1. Joint Interim Commission.
a. The Parties hereby establish a Joint Interim Commission with a mandate to discuss practical questions related to the implementation of the Constitution of Bosnia and Herzegovina and of the General Framework Agreement and its Annexes, and to make recommendations and proposals.
b. The Joint Interim Commission shall be composed of four persons from the Federation, three persons from the Republika Srpska, and one representative of Bosnia and Herzegovina.
c. Meetings of the Commission shall be chaired by the High Representative or his or designee.
Boundary Demarcation
1995
On the issue of Brcko area, the parties failed to reach an agreement on arbitrators within the required time of 30-days.1“Brcko Arbitral Tribunal for Dispute Over the Inter-Entity Boundary in Brcko Area Award,” Office of the High Representative (OHR) and EU Special Representative, 1997, accessed April 26, 2011, http://www.ohr.int/ohr-offices/brcko/default.asp?content_id=5327#_ftn3.[…
1996
According to a report from the High Representative, a sub-commission of the Joint Military Commission was addressing the inter-ethnic boundary issue. They had held nine meetings thus far.2
To complete the agreement on the territory of Brcko, on 15 July 1996 the President of the International Court of Justice appointed Roberts B. Owen as third arbitrator and presiding officer of the Tribunal. After his appointment, Mr. Owen called for a preliminary conference that would be held in Sarajevo on 7 August 1996.3
- “1st Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1996, accessed May 4, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3661#3.16…
The situation improved by the time of the third report of the Office of the High Representative (OHR). The report stated that “the substantial progress achieved earlier in adjusting the Inter-Entity Boundary Line (IEBL), on 17 July the parties signed a formal agreement resolving most of the practical issues that had been outstanding at the time of the signing of the Peace Agreement. Discussions continue under IFOR auspices on the last remaining sections of the IEBL and in particular on the sensitive Sarajevo district of Dobrinja.”1Ibid.
- “Brcko Arbitral Tribunal.”
1997
The tribunal’s hearing on Brcko continued in 1997. Inter-ethnic boundary demarcation was largely completed in 1996.
1998
No information was available on the Brcko tribunal.
1999
On 5 March 1999, the Brcko arbitration tribunal delivered its verdict and decided to create the Brcko district of Bosnia and Herzegovina to be held in condominium by both entities. The UN Secretary General lauded the decision.1 The United States called the decision the “right one” and asked both parties not to obstruct implementation. If one of them should obstruct the implementation of the award, the arbitration panel said that it could award Brcko to the other.2
- “U.N. Chief Lauds Decision to Set Up Brcko District in Bosnia,” Xinhua News Agency, March 5, 1999.
- “US calls Bosnia decision on Serb-held area ‘right one’,” Agence France Presse, March 5, 1999.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 2
Agreement on Inter-Entity Boundary Line and Related Issues (With Appendix)
The Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska (the “Parties”) have agreed as follows:
Article I: Inter-Entity Boundary Line
The boundary between the Federation of Bosnia and Herzegovina and the Republika Srpska (the “Inter-Entity Boundary Line”) shall be as delineated on the map at the Appendix.
Article II: Adjustment by the Parties
The Parties may adjust the Inter-Entity Boundary Line only by mutual consent. During the period in which the multinational military Implementation Force (“IFOR”) is deployed pursuant to Annex 1-A to the General Framework Agreement, the Parties shall consult with the IFOR Commander prior to making any agreed adjustment and shall provide notification of such adjustment to the IFOR Commander.
Article III: Rivers
1. Where the Inter-Entity Boundary Line follows a river, the line shall follow natural changes (accretion or erosion) in the course of the river unless otherwise agreed. Artificial changes in the course of the river shall not affect the location of the Inter-Entity Boundary Line unless otherwise agreed. No artificial changes may be made except by agreement among the Parties.
2. In the event of sudden natural changes in the course of the river (avulsion or cutting of new bed), the line shall be determined by mutual agreement of the Parties. If such event occurs during the period in which the IFOR is deployed, any such determination shall be subject to the approval of the IFOR Commander.
Article IV: Delineation and Marking
1. The line on the 1:50,000 scale map to be provided for the Appendix delineating the Inter-Entity Boundary Line, and the lines on the 1:50,000 scale map to be provided for Appendix A to Annex 1-A delineating the Inter-Entity Zone of Separation and the Agreed Cease-Fire Line and its Zone of Separation, which are accepted by the Parties as controlling and definitive, are accurate to within approximately 50 meters. During the period in which the IFOR is deployed, the IFOR Commander shall have the right to determine, after consultation with the Parties, the exact delineation of such Lines and Zones, provided that with respect to Sarajevo the IFOR Commander shall have the right to adjust the Zone of Separation as necessary.
2. The Lines and Zones described above may be marked by representatives of the Parties in coordination with and under the supervision of the IFOR. Final authority for placement of such markers shall rest with the IFOR. These Lines and Zones are defined by the maps and documents agreed to by the Parties and not by the physical location of markers.
3. Following entry into force of this Agreement, the Parties shall form a joint commission, comprised of an equal number of representatives from each Party, to prepare an agreed technical document containing a precise description of the Inter-Entity Boundary Line. Any such document prepared during the period in which the IFOR is deployed shall be subject to the approval of the IFOR Commander.
Article V: Arbitration for the Brcko Area
1. The Parties agree to binding arbitration of the disputed portion of the Inter-Entity Boundary Line in the Brcko area indicated on the map attached at the Appendix.
2. No later than six months after the entry into force of this Agreement, the Federation shall appoint one arbitrator, and the Republika Srpska shall appoint one arbitrator. A third arbitrator shall be selected by agreement of the Parties’ appointees within thirty days thereafter. If they do not agree, the third arbitrator shall be appointed by the President of the International Court of Justice. The third arbitrator shall serve as presiding officer of the arbitral tribunal.
3. Unless otherwise agreed by the Parties, the proceedings shall be conductedin accordance with the UNCITRAL rules. The arbitrators shall apply relevant legal and equitable principles.
4. Unless otherwise agreed, the area indicated in paragraph 1 above shall continue to be administered as currently.
5. The arbitrators shall issue their decision no later than one year from the entry into force of this Agreement. The decision shall be final and binding, and the Parties shall implement it without delay.
Article VI: Transition
In those areas transferring from one Entity to the other in accordance with the demarcation described herein, there shall be a transitional period to provide for the orderly transfer of authority. The transition shall be completed forty-five (45) days after the Transfer of Authority from the UNPROFOR Commander to the IFOR Commander, as described in Annex 1-A.
Electoral/Political Party Reform
1995
No information was available.
1996
According to the Dayton Accord, on 30 January 1996, the Organization for Security and Cooperation in Europe (OSCE) set up the Provisional Election Commission.1“1st Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1996, accessed May 4, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3661.[/fn… to the Peace Agreement, elections should be held between 14 June and 14 September. The OSCE monitored the elections.
Elections took place on 14 September 1996, which set up most of the institutions of Bosnia and Herzegovina (BiH). The new parliament was expected to work on election law, which did not happen in 1996. Also, the establishment of the permanent election commission was yet to take place.
1997
No election law was passed. The permanent election commission had not yet been established. The municipal elections took place in 1997.
1998
No election law was passed. The permanent election commission had not yet been established.
1999
The Office of the High Representative (OHR) was very much involved in drafting electoral law. It was reported that the draft law was supported by the Serbian government but the major Muslim party called it legalizing cleansing.1 No election law was adopted in 1999.
- “Government supports Bosnia’s draft election law ‘in principle,’ Bosnia’s main Muslim party says draft election law legalizes ethnic cleansing,” BBC Monitoring Europe, December 16, 1999.
2000
No election law was passed in 2000, but the political party financing law was adopted in July 2000.2
- Central Election Commission of Bosnia and Herzegovina, accessed May 4, 2011, http://www.izbori.ba/documents/ENG/Law/Law_on_Political_Party_Financing…. Parties again failed to establish the permanent election commission.
However, the OSCE altered the electoral rules in the Federation of BiH a month before the 2000 elections, resulting in the revolt of the Croat political parties and proclamation of Croat interim autonomy until the changes were revised.1Roland Kostic, “Ambivalent Peace: External Nation-building, Threatened Identity and Reconciliation in Bosnia-Herzegovina,” (PhD diss., Uppsala University, 2007), p. 85; Roland Kostic, “Reconciling the Past and the Present: Evaluating Dayton Peace Accords 1995,” Department of Peace and Conflict Research, Uppsala University and the Mediation Support Unit, United Nations Department of Political Affairs (2009): 30-40.
2001
The Parliamentary Assembly of BiH, in the session of the House of Representatives on 21 August 2001 and in the session of the House of People on 23 August 2001, adopted election law.1 The election commission was established by this law. Once the election commission was established, the Provisional Election Commission (PEC) ceased to exist. Election law was adopted and the election commission was established in 2001.
- “Bosnia: Speaker of upper house says adoption of Election Law very important,” BBC Monitoring Europe, August 23, 2001.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 3
Agreement on Elections
In order to promote free, fair, and democratic elections and to lay the foundation for representative government and ensure the progressive achievement of democratic goals throughout Bosnia and Herzegovina, in accordance with relevant documents of the Organization for Security and Cooperation in Europe (OSCE), the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska (“the Parties”) have agreed as follows:
Article I: Conditions for Democratic Elections
1. The Parties shall ensure that conditions exist for the organization of free and fair elections, in particular a politically neutral environment; shall protect and enforce the right to vote in secret without fear or intimidation; shall ensure freedom of expression and of the press; shall allow and encourage freedom of association (including of political parties); and shall ensure freedom of movement.
2. The Parties request the OSCE to certify whether elections can be effective under current social conditions in both Entities and, if necessary, to provide assistance to the Parties in creating these conditions.
3. The Parties shall comply fully with paragraphs 7 and 8 of the OSCE Copenhagen Document, which are attached to this Agreement.
Article II: The OSCE Role
1. OSCE. The Parties request the OSCE to adopt and put in place an elections program for Bosnia and Herzegovina as set forth in this Agreement.
2. Elections. The Parties request the OSCE to supervise, in a manner to be determined by the OSCE and in cooperation with other international organizations the OSCE deems necessary, the preparation and conduct of elections for the House of Representatives of Bosnia and Herzegovina; for the Presidency of Bosnia and Herzegovina; for the House of Representatives of the Federation of Bosnia and Herzegovina; for the National Assembly of the Republika Srpska; for the Presidency of the Republika Srpska; and, if feasible, for cantonal legislatures and municipal governing authorities.
3. The Commission. To this end, the Parties request the OSCE to establish a Provisional Election Commission (“the Commission”).
4. Timing. Elections shall take place on a date (“Election Day”) six months after entry into force of this Agreement or, if the OSCE determines a delay necessary, no later than nine months after entry into force.
Article III: The Provisional Election Commission
1. Rules and Regulations. The Commission shall adopt electoral rules and regulations regarding: the registration of political parties and independent candidates; the eligibility of candidates and voters; the role of domestic and international election observers; the ensuring of an open and fair electoral campaign; and the establishment, publication, and certification of definitive election results. The Parties shall comply fully with the electoral rules and regulations, any internal laws and regulations notwithstanding.
2. Mandate of the Commission. The responsibilities of the Commission, as provided in the electoral rules and regulations, shall include:
a.) supervising all aspects of the electoral process to ensure that the structures and institutional framework for free and fair elections are in place;
b.) determining voter registration provisions;
c.) ensuring compliance with the electoral rules and regulations established pursuant to this Agreement;
d.) ensuring that action is taken to remedy any violation of any provision of this Agreement or of the electoral rules and regulations established pursuant to this Agreement, including imposing penalties against any person or body that violates such provisions; and
e.) accrediting observers, including personnel from international organizations and foreign and domestic non-governmental organizations, and ensuring that the Parties grant accredited observers unimpeded access and movement.
3. Composition and Functioning of the Commission. The Commission shall consist of the Head of the OSCE Mission, the High Representative or his or her designee, representatives of the Parties, and such other persons as the Head of the OSCE Mission, in consultation with the Parties, may decide. The Head of the OSCE Mission shall act as Chairman of the Commission. In the event of disputes within the Commission, the decision of the Chairman shall be final.
4. Privileges and Immunities. The Chairman and Commission shall enjoy the right to establish communications facilities and to engage local and administrative staff, and the status, privileges and immunities accorded to a diplomatic agent and mission under the Vienna Convention on Diplomatic Relations.
Article IV: Eligibility
1. Voters. Any citizen of Bosnia and Herzegovina aged 18 or older whose name appears on the 1991 census for Bosnia and Herzegovina shall be eligible, in accordance with electoral rules and regulations, to vote. A citizen who no longer lives in the municipality in which he or she resided in 1991 shall, as a general rule, be expected to vote, in person or by absentee ballot, in that municipality, provided that the person is determined to have been registered in that municipality as confirmed by the local election commission and the Provisional Election Commission. Such a citizen may, however, apply to the Commission to cast his or her ballot elsewhere. The exercise of a refugee’s right to vote shall be interpreted as confirmation of his or her intention to return to Bosnia and Herzegovina. By Election Day, the return of refugees should already be underway, thus allowing many to participate in person in elections in Bosnia and Herzegovina. The Commission may provide in the electoral rules and regulations for citizens not listed in the 1991 census to vote.
Article V: Permanent Election Commission
The Parties agree to create a permanent Election Commission with responsibilities to conduct future elections in Bosnia and Herzegovina.
Territorial Powersharing
1995
In 1995, most of the institutions of Bosnia and Herzegovina were not set up. Nevertheless, the Federation and the Republika Srpska were recognized as separate entities and enjoyed powers and responsibilities as a federal entity. Yet, the difference is that while RS is a very centralized entity in the Federation BiH, most responsibilities such as taxation, education, police force, etc. have been placed on the level of cantons comprising the federation. Cantons, five Bosniak, three Croat, and two mixed cantons were created as a result of the Washington Agreement in January 1994. The Washington agreement was baked in and is thus essential part of the Dayton Peace Agreement.
1996
Once the post-conflict elections took place on 14 September 1996, it can be said that the institutional set up of confederation of Bosnia and Herzegovina was completed. Institutions were set up at the federal, entities, and canton levels.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
GENERAL FRAMEWORK AGREEMENT
Article X
The Federal Republic of Yugoslavia and the Republic of Bosnia and Herzegovina recognize each other as sovereign independent States within their international borders. Further aspects of their mutual recognition will be subject to subsequent discussions.
Decentralization/Federalism
1995
In 1995, no institutions were established.
1996
Once the post-conflict elections took place on 14 September 1996, the institutional set up of the confederation of Bosnia and Herzegovina was completed. Institutions were set up at the federal, entities, and canton levels with most responsibilities, such as taxation, education, and police force, assigned to the canton level. The cantons (five Bosniak, three Croat, and two mixed) were created as a result of the Washington Agreement.
Pospieszna and Schneider (2011) describe the complexity of the federal arrangements which included multiple levels of powersharing:
“The Washington agreement included all three dimensions of power sharing—it provided for the integration of rebels into the army (military power sharing), included provisions for extensive power-sharing in the new government (political power sharing), and called for the division of the territory that was combated into autonomous cantons, establishing the Federation of Bosnia and Herzegovina (territorial power sharing). Under the Dayton Agreement, two power sharing dimensions were included: political—the political divisions of Bosnia and Herzegovina was agreed upon (with the first elections scheduled for 1996), and territorial—specifications were given regarding the creation of the State of Bosnia Herzegovina as a confederation of the Federation of Bosnia-Herzegovina and of the Republika Srpska”.1
- Paulina Pospieszna and Gerald Schneider, “Power Sharing Provisions and Long-Term Success of Mediation in Internal Conflicts,” (paper prepared for presentation at the 2011 APSA Annual Meeting Seattle, WA. September 1-4, 2011).
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
GENERAL FRAMEWORK AGREEMENT: ANNEX 4
Article III: Responsibilities of and Relations Between the Institutions of Bosnia and Herzegovina and the Entities
1. Responsibilities of the Institutions of Bosnia and Herzegovina.
The following matters are the responsibility of the institutions of Bosnia and Herzegovina:
a. Foreign policy.
b. Foreign trade policy.
c. Customs policy.
d. Monetary policy as provided in Article VII.
e. Finances of the institutions and for the international obligations of Bosnia and Herzegovina.
f. Immigration, refugee, and asylum policy and regulation.
g. International and inter-Entity criminal law enforcement, including relations with Interpol.
h. Establishment and operation of common and international communications facilities.
i. Regulation of inter-Entity transportation.
j. Air traffic control.
2. Responsibilities of the Entities.
a. The Entities shall have the right to establish special parallel relationships with neighboring states consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.
b. Each Entity shall provide all necessary assistance to the government of Bosnia and Herzegovina in order to enable it to honor the international obligations of Bosnia and Herzegovina, provided that financial obligations incurred by one Entity without the consent of the other prior to the election of the Parliamentary Assembly and Presidency of Bosnia and Herzegovina shall be the responsibility of that Entity, except insofar as the obligation is necessary for continuing the membership of Bosnia and Herzegovina in an international organization.
c. The Entities shall provide a safe and secure environment for all persons in their respective jurisdictions, by maintaining civilian law enforcement agencies operating in accordance with internationally recognized standards and with respect for the internationally recognized human rights and fundamental freedoms referred to in Article II above, and by taking such other measures as appropriate.
d. Each Entity may also enter into agreements with states and international organizations with the consent of the Parliamentary Assembly. The Parliamentary Assembly may provide by law that certain types of agreements do not require such consent.
3. Law and Responsibilities of the Entities and the Institutions.
a. All governmental functions and powers not expressly assigned in this Constitution to the institutions of Bosnia and Herzegovina shall be those of the Entities.
b. The Entities and any subdivisions thereof shall comply fully with this Constitution, which supersedes inconsistent provisions of the law of Bosnia and Herzegovina and of the constitutions and law of the Entities, and with the decisions of the institutions of Bosnia and Herzegovina. The general principles of international law shall be an integral part of the law of Bosnia and Herzegovina and the Entities.
4. Coordination. The Presidency may decide to facilitate inter-Entity coordination on matters not within the responsibilities of Bosnia and Herzegovina as provided in this Constitution, unless an Entity objects in any particular case.
5. Additional Responsibilities.
a. Bosnia and Herzegovina shall assume responsibility for such other matters as are agreed by the Entities; are provided for in Annexes 5 through 8 to the General Framework Agreement; or are necessary to preserve the sovereignty, territorial integrity, political independence, and international personality of Bosnia and Herzegovina, in accordance with the division of responsibilities between the institutions of Bosnia and Herzegovina. Additional institutions may be established as necessary to carry out such responsibilities.
b. Within six months of the entry into force of this Constitution, the Entities shall begin negotiations with a view to including in the responsibilities of the institutions of Bosnia and Herzegovina other matters, including utilization of energy resources and cooperative economic projects.
Dispute Resolution Committee
1995
The Accord had provisions for two sets of dispute resolution commissions: the establishment of the Joint Military Commission (under Annex 1-A) and the establishment of a Civilian Implementation Commission (under Annex 10). On 8 December 1995, Carl Bildt was appointed as the “High Representative” in charge of coordinating civilian implementation of the peace agreement in Bosnia. He was appointed unanimously by representatives of more than 40 nations at a two day peace implementation conference in London.1
Both of these bodies were established quickly and worked to resolve disputes within the implementation setting and the military aspects of implementation.
According to one report:
“On 15 December 1995, the Commander, Implementation Forces (COMIFOR), issued a Statement of Procedures that defined the Joint Military Commission (JMC) process and further defined the implied military tasks. The Statement of Procedures established the JMC as the central body for commanders of military factions to coordinate and resolve problems.”2Global Security, accessed May 5, 2011, http://www.globalsecurity.org/military/library/report/call/call_96-8_sec…
As such, the Joint Military Commission was established immediately as the central body for commanders of military factions to coordinate and resolve problems. The first meeting of the JMC took place in Sarajevo on 21 December.3Peace Implementation Force – IFOR, Regional Headquarter of Allied Force of Southern Europe, accessed May 5, 2011, http://www.afsouth.nato.int/archives/operations/IFOR/IFORFactSheet.htm.[…
These dispute resolution mechanisms worked to resolve disputes within the civilian aspect as well as the military aspect of the peace implementation.
1996
The responsibility of the Implementation Force (IFOR) was transferred to the Stabilization Force (SFOR) by Security Council Resolution 1088 of 12 December 1996 and the JMC continued as a mechanism to resolve disputes related to military aspects of the implementation of the Dayton Accord.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
The Civilian Implementation Commission, as of 2005, was still operational.
GENERAL FRAMEWORK AGREEMENT: ANNEX 1-A
Article VIII: Establishment of a Joint Military Commission
1. A Joint Military Commission (the “Commission”) shall be established with the deployment of the IFOR to Bosnia and Herzegovina.
2.The Commission shall:
a. Serve as the central body for all Parties to this Annex to bring any military complaints, questions, or problems that require resolution by the IFOR Commander, such as allegations of cease-fire violations or other noncompliance with this Annex.
b. Receive reports and agree on specific actions to ensure compliance with the provisions of this Annex by the Parties.
c. Assist the IFOR Commander in determining and implementing a series of local transparency measures between the Parties.
3.The Commission shall be chaired by the IFOR Commander or his or her representative and consist of the following members:
a. the senior military commander of the forces of each Party within Bosnia and Herzegovina;
b. other persons as the Chairman may determine;
c. each Party to this Annex may also select two civilians who shall advise the Commission in carrying out its duties;
d. the High Representative referred to in the General Framework Agreement or his or her nominated representative shall attend Commission meetings, and offer advice particularly on matters of a political-military nature.
4. The Commission shall not include any persons who are now or who come under indictment by the International Tribunal for the Former Yugoslavia.
5. The Commission shall function as a consultative body for the IFOR Commander. To the extent possible, problems shall be solved promptly by mutual agreement. However, all final decisions concerning its military matters shall be made by the IFOR Commander.
6. The Commission shall meet at the call of the IFOR Commander. The High Representative may when necessary request a meeting of the Commission. The Parties may also request a meeting of the Commission.
7. The IFOR Commander shall have the right to decide on military matters, in a timely fashion, when there are overriding considerations relating to the safety of the IFOR or the Parties’ compliance with the provisions of this Annex.
8. The Commission shall establish subordinate military commissions for the purpose of providing assistance in carrying out the functions described above. Such commissions shall be at the brigade and battalion level or at other echelons as the local IFOR Commander shall direct and be composed of commanders from each of the Parties and the IFOR. The representative of the High Representative shall attend and offer advice particularly on matters of a political-military nature. The local IFOR Commander shall invite local civilian authorities when appropriate.
9. Appropriate liaison arrangements will be established between the IFOR Commander and the High Representative to facilitate the discharge of their respective responsibilities.
GENERAL FRAMEWORK AGREEMENT: ANNEX 10
Agreement on Civilian Implementation
The Republic of Bosnia and Herzegovina, the Republic of Croatia, the Federal Republic of Yugoslavia, the Federation of Bosnia and Herzegovina, and the Republika Srpska (the “Parties”) have agreed as follows:
Article I: High Representative
1. The Parties agree that the implementation of the civilian aspects of the peace settlement will entail a wide range of activities including continuation of the humanitarian aid effort for as long as necessary; rehabilitation of infrastructure and economic reconstruction; the establishment of political and constitutional institutions in Bosnia and Herzegovina; promotion of respect for human rights and the return of displaced persons and refugees; and the holding of free and fair elections according to the timetable in Annex 3 to the General Framework Agreement. A considerable number of international organizations and agencies will be called upon to assist.
2. In view of the complexities facing them, the Parties request the designation of a High Representative, to be appointed consistent with relevant United Nations Security Council resolutions, to facilitate the Parties’ own efforts and to mobilize and, as appropriate, coordinate the activities of the organizations and agencies involved in the civilian aspects of the peace settlement by carrying out, as entrusted by a U.N. Security Council resolution, the tasks set out below.
Prisoner Release
1995
As required by the Dayton Accord, 245 Serb and Muslim prisoners of war were exchanged on a bridge in northern Bosnia on 25 December 1995. Other prisoners of war remained in both Entities. Under the agreement, the deadline of 19 January 1996 was set for the release of prisoners.
1996
As the deadline of 19 January for the release of prisoners approached, the International Committee of the Red Cross (ICRC) had been optimistic regarding the release of 900 prisoners of war in Bosnia, but this did not happen. Only 225 prisoners were released as of the 19 January deadline.1 Part of the delay was related to the government’s insistence on the whereabouts of 24,742 people whose names were handed to Serbs. The Bosnian government official in charge of POW exchange said that 4,000 on the list of those missing were expected to be prisoners.2 On 16 January 1996, the Bosnian government called off the release of prisoners by charging that Bosnian Serbs had failed to provide information of about 24,000 people.
On 23 January 1996, the U.S. threatened to cut off aid if the prisoners were not released.3 Following the US threat, Bosnia agreed to free its political prisoners.
On 28 January 1996, 250 Bosnian Serb prisoners were released by Croatian and Bosnian government forces.4
Even though the process of releasing prisoners moved forward, the Serb, Croats, and Bosniaks/Muslims did not completely comply. Therefore, on 5 April 1996, the U.N. Security Council demanded that all parties release the remaining prisoners. It was believed that there were still 88-90 prisoners held by Bosnian Serb, Muslim, and Croat forces.5
The High Representative reported to the U.N. Secretary General that “Intensive pressure, including the possible sanction of non-complying Parties, resulted in the release of most prisoners registered by the ICRC who were detained in relation to the conflict.”6“2nd Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” OHR, 1996, accessed May 3, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3664#3.8…. However, there was an issue related to some prisoners detained in 1995 who were not registered by the ICRC, but those cases were referred to the Hague for review. Most prisoners were released in 1996, though none of the parties met the deadline.
- “Prisoner Swap Begins in Bosnia,” Toronto Star, January 20, 1996.
- “Planned Prisoner Exchange in Bosnia Falls Through,” Charleston Gazette (West Virginia), January 16, 1996.
- “Threatens Bosnia With Aid Cutoff If Prisoners Are Not Exchanged,” January 23, 1996.
- “BOSNIA: Trade of prisoners resumes; Rival factions bow to world pressure,” Ottawa Citizen, January 28, 1996.
- “Security Council Demands Prisoner Release in Bosnia,” Associated Press, April 5, 1996.
1997
No further developments observed.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 1-A
Article IX: Prisoner Exchanges
1. The Parties shall release and transfer without delay all combatants and civilians held in relation to the conflict (hereinafter “prisoners”), in conformity with international humanitarian law and the provisions of this Article.
a. The Parties shall be bound by and implement such plan for release and transfer of all prisoners as may be developed by the ICRC, after consultation with the Parties.
b. The Parties shall cooperate fully with the ICRC and facilitate its work in implementing and monitoring the plan for release and transfer of prisoners.
c. No later than thirty (30) days after the Transfer of Authority, the Parties shall release and transfer all prisoners held by them.
d. In order to expedite this process, no later than twenty-one (21) days after this Annex enters into force, the Parties shall draw up comprehensive lists of prisoners and shall provide such lists to the ICRC, to the other Parties, and to the Joint Military Commission and the High Representative. These lists shall identify prisoners by nationality, name, rank (if any) and any internment or military serial number, to the extent applicable.
e. The Parties shall ensure that the ICRC enjoys full and unimpeded access to all places where prisoners are kept and to all prisoners. The Parties shall permit the ICRC to privately interview each prisoner at least forty-eight (48) hours prior to his or her release for the purpose of implementing and monitoring the plan, including determination of the onward destination of each prisoner.
f. The Parties shall take no reprisals against any prisoner or his/her family in the event that a prisoner refuses to be transferred.
g. Notwithstanding the above provisions, each Party shall comply with any order or request of the International Tribunal for the Former Yugoslavia for the arrest, detention, surrender of or access to persons who would otherwise be released and transferred under this Article, but who are accused of violations within the jurisdiction of the Tribunal. Each Party must detain persons reasonably suspected of such violations for a period of time sufficient to permit appropriate consultation with Tribunal authorities.
2. In those cases where places of burial, whether individual or mass, are known as a matter of record, and graves are actually found to exist, each Party shall permit graves registration personnel of the other Parties to enter, within a mutually agreed period of time, for the limited purpose of proceeding to such graves, to recover and evacuate the bodies of deceased military and civilian personnel of that side, including deceased prisoners.
Paramilitary Groups
1995
Armed civilian groups or militias were a characteristic feature of the civil war; these groups generally disbanded after the ceasefire. According to a UN Secretary General’s report,1 as soon as the cease fire agreement entered into force, the security situation in Bosnia and Herzegovina improved significantly. Compliance with provisions under the cease-fire agreement was much better and neither side was found engaging in offensive activities. The report further suggested that all parties were participating in joint military commissions. The cessation of organized violence was not observed after October 1995, although sporadic communal violence did continue.
- “Report of the Secretary-General Pursuant to Security Council Resolutions 981 (1995), 982 (1995) and 983 (1995),” U.N. Security Council (S/1995/987), November 23, 1995.
1996
No hostilities of major scale were reported.
1997
No hostilities of major scale were reported.
1998
No hostilities of major scale were reported.
1999
No hostilities of major scale were reported.
2000
No hostilities of major scale were reported.
2001
No hostilities of major scale were reported.
2002
No hostilities of major scale were reported.
2003
No hostilities of major scale were reported.
2004
No hostilities of major scale were reported.
2005
No hostilities of major scale were reported.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX I-B
Agreement on Regional Stabilization
Article II: Confidence- and Security-Building Measures in Bosnia and Herzegovina
Article II: Confidence- and Security-Building Measures in Bosnia and Herzegovina
Within seven days after this Agreement (hereinafter “Annex”) enters into force, the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, and the Republika Srpska shall at an appropriately high political level commence negotiations under the auspices of the Organization for Security and Cooperation in Europe (hereinafter “OSCE”) to agree upon a series of measures to enhance mutual confidence and reduce the risk of conflict, drawing fully upon the 1994 Vienna Document of the Negotiations on Confidence- and Security-Building Measures of the OSCE. The objective of these negotiations is to agree upon an initial set of measures within forty-five (45) days after this Annex enters into force including, but not necessarily limited to, the following:
e. notification of disbandment of special operations and armed civilian groups
Human Rights
1995
The Accord called for the establishment of a Human Rights Commission and the monitoring of human rights conditions by the United Nations (UN). The U.N. High Commissioner for Human Rights and other agencies immediately went into action.
The Dayton Accord specifically required the establishment of the Human Rights Commission, which consisted of two parts: the Office of the Ombudsman and the Human Rights Chamber. These two entities were created on 10 December 1995.1
According to the provisions in the Accord, the Ombudsman would issue a report following any investigations related to human rights issues and would facilitate a settlement or refer the case to the Human Rights Chamber. The Chamber was a 14-member court of Bosnian, Croat, and Serb membership, but eight of its jurists came from outside of Bosnia and were appointed by the Council of Europe.
1996
The Chamber’s hearings on human rights violations started in March 1996.
1997
Allegation cases were registered with the Chamber.
1998
Allegation cases were registered with the Chamber.
1999
Allegation cases were registered with the Chamber.
2000
Allegation cases were registered with the Chamber.
2001
Allegation cases were registered with the Chamber.
2002
Allegation cases were registered with the Chamber.
2003
From 1996 to December of 2003, there were 15,191 allegation cases registered with the Chamber; 6,242 of these cases were resolved. The Human Rights Chamber’s mandate expired on December 31, 2003.1
- “Monthly Statistical Summaries,” Human Rights Chamber for Bosnia and Herzegovina, 2003, accessed May 3, 2011, http://www.hrc.ba/english/stat_summaries_eng/summary.asp.
2004
The Chamber’s mandate expired.
2005
The Chamber’s mandate expired.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 6 AGREEMENT ON HUMAN RIGHTS
The Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska (the “Parties”) have agreed as follows:
Chapter One: Respect for Human Rights: Article I: Fundamental Rights and Freedoms
The Parties shall secure to all persons within their jurisdiction the highest level of internationally recognized human rights and fundamental freedoms, including the rights and freedoms provided in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols and the other international agreements listed in the Appendix to this Annex. These include:
1. The right to life.
2. The right not to be subjected to torture or to inhuman or degrading treatment or punishment.
3. The right not to be held in slavery or servitude or to perform forced or compulsory labor.
4. The rights to liberty and security of person.
5. The right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings.
6. The right to private and family life, home, and correspondence.
7. Freedom of thought, conscience and religion.
8. Freedom of expression.
9. Freedom of peaceful assembly and freedom of association with others.
10. The right to marry and to found a family.
11. The right to property.
12. The right to education.
13. The right to liberty of movement and residence.
14. The enjoyment of the rights and freedoms provided for in this Article or in the international agreements listed in the Annex to this Constitution secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Chapter Two: The Commission on Human Rights Part A: General: Article II: Establishment of the Commission
1. To assist in honoring their obligations under this Agreement, the Parties hereby establish a Commission on Human Rights (the “Commission”). The Commission shall consist of two parts: the Office of the Ombudsman and the Human Rights Chamber.
2. The Office of the Ombudsman and the Human Rights Chamber shall consider, as subsequently described:
a. alleged or apparent violations of human rights as provided in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, or
b. alleged or apparent discrimination on any ground such as sex, race, color, language, religion, political or other opinion,national or social origin, association with a national minority, property, birth or other status arising in the enjoyment of any of the rights and freedoms provided for in the international agreements listed in the Appendix to this Annex, where such violation is alleged or appears to have been committed by the Parties, including by any official or organ of the Parties, Cantons, Municipalities, or any individual acting under the authority of such official or organ.
3. The Parties recognize the right of all persons to submit to the Commission and to other human rights bodies, applications concerning alleged violations of human rights, in accordance with the procedures of this Annex and such bodies. The Parties shall not undertake any punitive action directed against persons who intend to submit, or have submitted, such allegations.
Article III: Facilities, Staff and Expenses
1. The Commission shall have appropriate facilities and a professionally competent staff. There shall be an Executive Officer, appointed jointly by the Ombudsman and the President of the Chamber, who shall be responsible for all necessary administrative arrangements with respect to facilities and staff. The Executive Officer shall be subject to the direction of the Ombudsman and the President of the Chamber insofar as concerns their respective administrative and professional office staff.
2. The salaries and expenses of the Commission and its staff shall be determined jointly by the Parties and shall be borne by Bosnia and Herzegovina. The salaries and expenses shall be fully adequate to implement the Commission’s mandate.
3. The Commission shall have its headquarters in Sarajevo, including both the headquarters Office of the Ombudsman and the facilities for the Chamber. The Ombudsman shall have at least one additional office in the territory of the Federation and the Republika Srpska and at other locations as it deems appropriate. The Chamber may meet in other locations where it determines that the needs of a particular case so require, and may meet at any place it deems appropriate for the inspection of property, documents or other items.
4. The Ombudsman and all members of the Chamber shall not be held criminally or civilly liable for any acts carried out within the scope of their duties. When the Ombudsman and members of the Chamber are not citizens of Bosnia and Herzegovina, they and their families shall be accorded the same privileges and immunities as are enjoyed by diplomatic agents and their families under the Vienna Convention on Diplomatic Relations.
5. With full regard for the need to maintain impartiality, the Commission may receive assistance as it deems appropriate from any governmental, international, or non-governmental organization.
Part B: Human Rights Ombudsman: Article IV: Human Rights Ombudsman
1. The Parties hereby establish the Office of the Human Rights Ombudsman (the “Ombudsman”).
2. The Ombudsman shall be appointed for a non-renewable term of five years by the Chairman- in-Office of the Organization for Security and Cooperation in Europe (OSCE), after consultation with the Parties. He or she shall be independently responsible for choosing his or her own staff. Until the transfer described in Article XIV below, the Ombudsman may not be a citizen of Bosnia and Herzegovina or of any neighboring state. The Ombudsman appointed after that transfer shall be appointed by the Presidency of Bosnia and Herzegovina.
3. Members of the Office of the Ombudsman must be of recognized high moral standing and have competence in the field of international human rights.
4. The Office of the Ombudsman shall be an independent agency. In carrying out its mandate, no person or organ of the Parties may interfere with its functions.
Article V: Jurisdiction of the Ombudsman
1. Allegations of violations of human rights received by the Commission shall generally be directed to the Office of the Ombudsman, except where an applicant specifies the Chamber.
2. The Ombudsman may investigate, either on his or her own initiative or in response to an allegation by any Party or person, non-governmental organization, or group of individuals claiming to be the victim of a violation by any Party or acting on behalf of alleged victims who are deceased or missing, alleged or apparent violations of human rights within the scope of paragraph 2 of Article II. The Parties undertake not to hinder in any way the effective exercise of this right.
3. The Ombudsman shall determine which allegations warrant investigation and in what priority, giving particular priority to allegations of especially severe or systematic violations and those founded on alleged discrimination on prohibited grounds.
4. The Ombudsman shall issue findings and conclusions promptly after concluding an investigation. A Party identified as violating human rights shall, within a specified period, explain in writing how it will comply with the conclusions.
5. Where an allegation is received which is within the jurisdiction of the Human Rights Chamber, the Ombudsman may refer the allegation to the Chamber at any stage.
6. The Ombudsman may also present special reports at any time to any competent government organ or official. Those receiving such reports shall reply within a time limit specified by the Ombudsman, including specific responses to any conclusions offered by the Ombudsman.
7. The Ombudsman shall publish a report, which, in the event that a person or entity does not comply with his or her conclusions and recommendations will be forwarded to the High Representative described in Annex 10 to the General Framework Agreement while such office exists, as well as referred for further action to the Presidency of the appropriate Party. The Ombudsman may also initiate proceedings before the Human Rights Chamber based on such Report. The Ombudsman may also intervene in any proceedings before the Chamber.
Article VI: Powers
1. The Ombudsman shall have access to and may examine all official documents, including classified ones, as well as judicial and administrative files, and can require any person, including a government official, to cooperate by providing relevant information, documents and files. The Ombudsman may attend administrative hearings and meetings of other organs and may enter and inspect any place where persons deprived of their liberty are confined or work.
2. The Ombudsman and staff are required to maintain the confidentiality of all confidential information obtained, except where required by order of the Chamber, and shall treat all documents and files in accordance with applicable rules.
Part C: Human Rights Chamber: Article VII: Human Rights Chamber
1. The Human Rights Chamber shall be composed of fourteen members.
2. Within 90 days after this Agreement enters into force, the Federation of Bosnia and Herzegovina shall appoint four members and the Republika Srpska shall appoint two members. The Committee of Ministers of the Council of Europe, pursuant to its resolution (93)6, after consultation with the Parties, shall appoint the remaining members, who shall not be citizens of Bosnia and Herzegovina or any neighboring state, and shall designate one such member as the President of the Chamber.
3. All members of the Chamber shall possess the qualifications required for appointment to high judicial office or be jurists of recognized competence. The members of the Chamber shall be appointed for a term of five years and may be reappointed.
4. Members appointed after the transfer described in Article XIV below shall be appointed by the Presidency of Bosnia and Herzegovina.
Article VIII: Jurisdiction of the Chamber
1. The Chamber shall receive by referral from the Ombudsman on behalf of an applicant, or directly from any Party or person, non-governmental organization, or group of individuals claiming to be the victim of a violation by any Party or acting on behalf of alleged victims who are deceased or missing, for resolution or decision applications concerning alleged or apparent violations of human rights within the scope of paragraph 2 of Article II.
2. The Chamber shall decide which applications to accept and in what priority to address them. In so doing, the Chamber shall take into account the following criteria:
a. Whether effective remedies exist, and the applicant has demonstrated that they have been exhausted and that the application has been filed with the Commission within six months from such date on which the final decision was taken.
b. The Chamber shall not address any application which is substantially the same as a matter which has already been examined by the Chamber or has already been submitted to another procedure or international investigation or settlement.
c. The Chamber shall also dismiss any application which it considers incompatible with this Agreement, manifestly ill-founded, or an abuse of the right of petition.
d. The Chamber may reject or defer further consideration if the application concerns a matter currently pending before any other international human rights body responsible for the adjudication of applications or the decision of cases, or any other Commission established by the Annexes to the General Framework Agreement.
e. In principle, the Chamber shall endeavor to accept and to give particular priority to allegations of especially severe or systematic violations and those founded on alleged discrimination on prohibited grounds.
f. Applications which entail requests for provisional measures shall be reviewed as a matter of priority in order to determine (1) whether they should be accepted and, if so (2) whether high priority for the scheduling of proceedings on the provisional measures request is warranted.
3. The Chamber may decide at any point in its proceedings to suspend consideration of, reject or strike out, an application on the ground that (a) the applicant does not intend to pursue his application; (b) the matter has been resolved; or (c) for any other reason established by the Chamber, it is no longer justified to continue the examination of the application; provided that such result is consistent with the objective of respect for human rights.
Article IX: Friendly Settlement
1. At the outset of a case or at any stage during the proceedings, the Chamber may attempt to facilitate an amicable resolution of the matter on the basis of respect for the rights and freedoms referred to in this Agreement.
2. If the Chamber succeeds in effecting such a resolution it shall publish a Report and forward it to the High Representative described in Annex 10 to the General Framework Agreement while such office exists, the OSCE and the Secretary General of the Council of Europe. Such a Report shall include a brief statement of the facts and the resolution reached. The report of a resolution in a given case may, however, be confidential in whole or in part where necessary for the protection of human rights or with the agreement of the Chamber and the parties concerned.
Article X: Proceedings before the Chamber
1. The Chamber shall develop fair and effective procedures for the adjudication of applications. Such procedures shall provide for appropriate written pleadings and, on the decision of the Chamber, a hearing for oral argument or the presentation of evidence. The Chamber shall have the power to order provisional measures, to appoint experts, and to compel the production of witnesses and evidence.
2. The Chamber shall normally sit in panels of seven, composed of two members from the Federation, one from the Republika Srpska, and four who are not citizens of Bosnia and Herzegovina or any neighboring state. When an application is decided by a panel, the full Chamber may decide, upon motion of a party to the case or the Ombudsman, to review the decision; such review may include the taking of additional evidence where the Chamber so decides. References in this Annex to the Chamber shall include, as appropriate, the Panel, except that the power to develop general rules, regulations and procedures is vested in the Chamber as a whole.
3. Except in exceptional circumstances in accordance with rules, hearings of the Chamber shall be held in public.
4. Applicants may be represented in proceedings by attorneys or other representatives of their choice, but shall also be personally present unless excused by the Chamber on account of hardship, impossibility, or other good cause.
5. The Parties undertake to provide all relevant information to, and to cooperate fully with, the Chamber.
Article XI: Decisions
1. Following the conclusion of the proceedings, the chamber shall promptly issue a decision, which shall address:
a. whether the facts found indicate a breach by the Party concerned of its obligations under this Agreement; and if so
b. what steps shall be taken by the Party to remedy such breach, including orders to cease and desist, monetary relief (including pecuniary and non-pecuniary injuries), and provisional measures.
2. The Chamber shall make its decision by a majority of members. In the event a decision by the full Chamber results in a tie, the President of the Chamber shall cast the deciding vote.
3. Subject to review as provided in paragraph 2 of Article X, the decisions of the Chamber shall be final and binding.
4. Any member shall be entitled to issue a separate opinion on any case.
5. The Chamber shall issue reasons for its decisions. Its decisions shall be published and forwarded to the parties concerned, the High Representative described in Annex 10 to the General Framework Agreement while such office exists, the Secretary General of the Council of Europe and the OSCE.
6. The Parties shall implement fully decisions of the Chamber.
Article XII: Rules and Regulations
The Chamber shall promulgate such rules and regulations, consistent with this Agreement, as may be necessary to carry out its functions, including provisions for preliminary hearings, expedited decisions on provisional measures, decisions by panels of the Chamber, and review of decisions made by any such panels.
Chapter Three: General Provisions: Article XIII: Organizations Concerned with Human Rights
1. The Parties shall promote and encourage the activities of non-governmental and international organizations for the protection and promotion of human rights.
2. The Parties join in inviting the United Nations Commission on Human Rights, the OSCE, the United Nations High Commissioner for Human Rights, and other intergovernmental or regional human rights missions or organizations to monitor closely the human rights situation in Bosnia and Herzegovina, including through the establishment of local offices and the assignment of observers, rapporteurs, or other relevant persons on a permanent or mission-by- mission basis and to provide them with full and effective facilitation, assistance and access.
3. The Parties shall allow full and effective access to non-governmental organizations for purposes of investigating and monitoring human rights conditions in Bosnia and Herzegovina and shall refrain from hindering or impeding them in the exercise of these functions.
4. All competent authorities in Bosnia and Herzegovina shall cooperate with and provide unrestricted access to the organizations established in this Agreement; any international human rights monitoring mechanisms established for Bosnia and Herzegovina; the supervisory bodies established by any of the international agreements listed in the Appendix to this Annex; the International Tribunal for the Former Yugoslavia; and any other organization authorized by the U.N. Security Council with a mandate concerning human rights or humanitarian law.
Article XIV: Transfer
Five years after this Agreement enters into force, the responsibility for the continued operation of the Commission shall transfer from the Parties to the institutions of Bosnia and Herzegovina, unless the Parties otherwise agree. In the latter case, the Commission shall continue to operate as provided above.
Article XV: Notice
The Parties shall give effective notice of the terms of this Agreement throughout Bosnia and Herzegovina.
Article XVI: Entry into Force
This Agreement shall enter into force upon signature.
Amnesty
1995
No information was found for 1995.
1996
The High Representative for the implementation of the civilian aspect of the peace accords informed the UN Secretary General in his first report that he had encouraged “both the Federation BiH (sic) and Republika Srpska (sic) to adopt amnesty laws covering all crimes except war crimes as defined by the International Criminal Tribunal for the Former Yugoslavia or crimes unrelated to the conflict.” According to the High Representative, the law would “help both reconciliation and freedom of movement.”1
On 12 February 1996 members of the parliament (Federation level) passed the new law following a two hour debate. Under the law “all individuals who committed criminal acts (related to the conflict) except those who committed acts of violation of international humanitarian law as defined by the International War Crimes Tribunal for the former Yugoslavia will be subject to amnesty.”2 As of 23 March, according to the Office of the High Representative (OHR), the Republika Srpska was yet to adopt the amnesty law.3
In his December 10th report, OHR High Representative informed the UN Secretary General that the amnesty law in the Republika Srpska was passed, but there was a fundamental flaw, as it excluded persons who deserted or avoided military conscription, which he suggested “must be corrected.”4
- “1st Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1996, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3661.
- “Bosnia’s republic parliament passes amnesty law,” Agence France Presse — English, February 12, 1996.
- “Report By The High Representative On Compliance With The Peace Agreement,” Office of the High Representative (OHR), 1996, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3663.
- “4th Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1996, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3667.
1997
The OHR High Representative informed the UN Secretary General that the Republika Srpska was yet to amend its amnesty law to extend coverage to persons who deserted or avoided military conscription. According to the report, such delays would “pose a substantial obstacle to return of refugees and displaced people and contribute to ethnic division (sic).”1
- “5th Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1997, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3668.
1998
It was reported that the establishment of Entity Mine Action Centers as bodies within the Entity governments resulted in the Mines, Ordnance and Other Warlike Materials Amnesty, which supported an amnesty specifically aimed to those who voluntarily gave up their weapons. In one report, the OHR High Representative urged the Bosnia and Herzegovina Authorities “to enact legislation so that such an amnesty can be implemented by the Entities in conjunction with SFOR and the UN IPTF.”1
In his report, the OHR High Representative mentioned that the Republika Srpska avoided introducing politically sensitive legislation, such as amnesty legislation, to the National Assembly before election.2
- “10th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1998, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3673.
- “11th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1998, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3674.
1999
The OHR High Representative reported to the UN Secretary General that “On 24 December 1998, the Republika Srpska National Assembly passed a Law on Amnesty which amends the previous Law on Amnesty’s exclusion of deserters and draft dodgers from legal protection. It also extends the amnesty period to the point at which the conflict ended de facto, and makes the amnesty explicitly retroactive. This is an improvement on the previous legal regime and a major step by Republika Srpska towards fulfilling its obligations under Annex 7, Article 6. My Office is still working with the Republika Srpska Ministry of Justice to draft an amendment which would clear up some minor outstanding issues.”1 In the subsequent report to the UN Secretary General, the High Representative stated that President Poplasen refused to sign the law; therefore, the law did not come into force.2
The RS national assembly readopted the amnesty law on 23 July, overriding the earlier veto by the President.3 As of 1999, the amnesty law was adopted and implemented in both Entities.
- “12th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1999, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3675.
- “13th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1999, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3677.
- “15th Report by the High Representative for Implementation of the Peace Agreement to The Secretary-General of the United Nations,” Office of the High Representative (OHR), 1999, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3679.
2000
There were no further reports; the Amnesty provision in the accord was fully implemented in 1999.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 7
Agreement on Refugees and Displaced Persons
Article VI: Amnesty
Any returning refugee or displaced person charged with a crime, other than a serious violation of international humanitarian law as defined in the Statute of the International Tribunal for the Former Yugoslavia since January 1, 1991 or a common crime unrelated to the conflict, shall upon return enjoy an amnesty. In no case shall charges for crimes be imposed for political or other inappropriate reasons or to circumvent the application of the amnesty.
Refugees
1995
In his report on 13 December 1995 to the Security Council, the U.N. Secretary General stated that there were 1.2 million displaced persons inside Bosnia and Herzegovina and 900,000 outside the country. He stated that accurate planning was difficult because of the future security situation as well as uncertainties related to the wishes of the internally displaced persons (IDPs) and refugees. IDPs and refugees had the option to return to their homes or settle elsewhere.1 However, the institutional mechanisms to implement the provisions of the accord were not in place and international organizations, like the United Nations High Commissioner for Refugees (UNHCR) and other agencies, were working on the issue.
Refugees started to return voluntarily. According to a UNHCR report, 815 refugees had returned.2 It was not clear whether the Commission for Displaced Persons and Refugees was set up in 1995 as mandated by the peace accord.
- “Report of the Secretary-General Pursuant to Security Council Resolution 1026 (1995),” U.N. Security Council (S/1995/1031), December 13, 1995.
- “2002 UNHCR Statistical Yearbook – Bosnia and Herzegovina,” United Nations High Commissioner for Refugees (UNHCR), 2002, accessed May 2, 2011, http://www.unhcr.org/414ad5707.html.
1996
The U.N. Secretary General informed the Security Council that the UNHCR had developed an operational plan to support the return of more than 2 million refugees and displaced persons. The UNHCR plan was presented to the Humanitarian Issues Working Group of the Peace Implementation Council on 16 January and strongly endorsed at a subsequent high-level working meeting in Oslo on 8 March 1996. The estimated figures of returnees in 1996 were 500,000 IDPs and 370,000 refugees. The report further suggested that more than 50,000 refugees and displaced persons returned home in spontaneous and organized movements assisted by the UNHCR, but that those who returned were mostly refused “on grounds of lack of security guarantees or clear instructions from the leadership concerned” (United Nations, 1996). According to the report, “an independent Commission for Real Property Claims of Displaced Persons and Refugees was established on 20 March 1996 with its main base in Sarajevo. Its function is to receive and decide any claims for real property in Bosnia and Herzegovina where the property has not voluntarily been sold or otherwise transferred since 1 April 1992, and where the claimant does not enjoy possession of the property. The Commission consists of four members appointed by the Federation, two members appointed by the Republika Srpska and three members appointed by the European Court of Justice. Given the close link between repatriation and property, UNHCR will be associated with the work of the Commission.”1 It was said that the successful return of refugees and IDPs would depend on sustained security provided by the parties, massive physical and economic reconstruction, and mine clearing efforts in those areas where IDPs and refugees would return.
By the end of 1996, the U.N. Secretary General reported that “some 250,000 refugees and displaced persons have returned to their homes in Bosnia and Herzegovina” (U.N., 1996). Most of the returnees returned to their homes where their community was in majority. The report further suggested, “Of an estimated 84,000 houses requiring repair, work has been completed on 24,000 so far. Other key community infrastructure activities, such as the repair of 100 schools, 50 clinics and hospitals, 60 water systems and 50 power systems, have been undertaken. It is estimated that up to 100,000 people, mainly displaced persons, will benefit from these activities.”2
The amnesty law was passed in both entities in 1996, but there was a fundamental flaw as it excluded persons who deserted or avoided military conscription. The Office of the High Representative (OHR) suggested that this “must be corrected.”3
- “Report of the Secretary-General Pursuant to Resolution 1035 (1995),” U.N. Security Council (S/1996/210), March 29, 1996.
- “Report of the Secretary-General Pursuant to Resolution 1035 (1995),” U.N. Security Council (S/1996/1017), December 9, 1996.
- “4th Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1996, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3667.
1997
The Secretary General reported to the U.N. Security Council that some 90,000 refugees and IDPs returned to their homes in Bosnia and Herzegovina (BiH). Half of them were from asylum countries. The UN Mission in Bosnia and Herzegovina as well as UNHCR provided repatriation related assistance and supported the local authorities in both entities in their efforts to provide assistance to displaced persons in collective centers.1
- “Report of the Secretary-General on the United Nations Mission in Bosnia and Herzegovina,” U.N. Security Council (S/1997/694), September 8, 1997.
1998
From January to September 1998, some 90,000 refugees and IDPs returned to Bosnia and Herzegovina. Among those, 50,000 returned under the German Government’s return program. Of the total number of those who returned, 2,440 persons returned to the Republika Srpska. Some 9,340 returned to their pre-war homes. A total of 6,063 refugees and IDPs returned to minority areas. The UNHCR continued to promote minority returns with the declarations of new “Open Cities”. Minority returns was a particularly important issue, since they get to the heart of whether multi-ethnicity could be regenerated in Bosnia, or whether the country would remain de facto partitioned among its three constituent peoples. The UNHCR, together with the Office of the High Representative, provided assistance to those returned. Both entities also monitored the implementation of the new property legislation passed by the Federation in April 1998.1
According to a UNHCR yearbook report, some 129,073 refugees and 29,570 IDPs returned by the end of 1998.2 The Republika Srpska did not meet the deadline to adopt the property law consistent with the Peace Agreement. The deadline of 31 August was set at Luxembourg.3
On 24 December 1998, the Republika Srpska National Assembly passed a Law on Amnesty, which amended the previous Law on Amnesty’s exclusion of deserters and draft dodgers from legal protection. The president refused to sign the law. The amnesty laws were readopted by the RS national assembly on 23 July, overriding the earlier veto by the president.4
- “Report of the Secretary General on the United Nations Mission in Bosnia and Herzegovina,” U.N. Security Council (S/1998/862), September 16, 1998.
- “2002 UNHCR Statistical Yearbook – Bosnia and Herzegovina.”
- “11th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” OHR, 1998, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3674.
- “15th Report by the High Representative for Implementation of the Peace Agreement to The Secretary-General of the United Nations,” OHR, 1999, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3679.
1999
According to the U.N. Secretary General’s report, “in the first ten months of 1999, the UNHCR registered the return of 43,830 refugees and 32,695 internally displaced persons. Of these, 18,604 individuals were members of ethnic minorities returning to the Federation, while 9,522 individuals (sic) members of ethnic minorities were recorded returning to the Republika Srpska.”1 Part of the reason was related to the political and administrative obstruction at the local level to implementing the property law. As a step forward, however, the RS assembly “passed amended legislation in December that will allow former residents to reclaim socially-owned ‘abandoned’ property.”2
- “Report of the Secretary-General on the United Nations Mission in Bosnia and Herzegovina,” U.N. Security Council (S/1999/1260), December 17, 1999.
- “12th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” OHR, 1999, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3675.
2000
The repatriation of refugees and return of IDPs remained unsatisfactory. According to the UNHCR, some 18,715 refugees and 59,347 IDPs resettled in 2000.1
2001
The Secretary General reported to the UN Security Council the results of the re-registration of IDPs. This exercise was carried out in support of the UNHCR through both entities. According to the report, 518,252 persons applied for the IDP status (231,732 applied in Republika Srpska, 263,375 in the Federation, and 23,145 in the Brcko District) at the end of 2000. Approximately 845,000 were registered as IDPs in 1996.1 The report also suggested that 25 percent of the 254,333 individual property claims had been resolved and 50 percent had been decided upon, which represented an important benchmark in the implementation of the property legislation.
According to the UNHCR report, some 18,665 refugees and 80,172 IDPs returned in 2001,2 92,061 of whom returned to their pre-war homes.
- “Report of the Secretary-General on the United Nations Mission in Bosnia and Herzegovina,” U.N. Security Council (S/2001/571), June 7, 2001.
- “2002 UNHCR Statistical Yearbook- Bosnia and Herzegovina.”
2002
According to the OHR report of 13 October 2003, “the number of refugees returning continues to be strong, exceeding 102,000 in 2002. According to UNHCR statistics, the total of registered returns to and within BiH has risen to nearly 1 million people, including some 390,000 so-called minority returns.”1 With respect to property implementation law, approximately 40,000 claims remain unresolved in both entities according to the OHR report. The UNHCR report stated that some 41,705 refugees and 70,775 IDPs returned in 2002.2
- “24th Report by the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” OHR, 2003, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=31003.
- “2002 UNHCR Statistical Yearbook – Bosnia and Herzegovina.”
2003
According to an OHR report from 2003, “by the end of last year the total number of registered returns to and within BiH had risen to nearly 1 million people, including some 430,000 so-called minority returns. Approximately 350,000 refugees and DPs, as estimated by the BiH Ministry for Human Rights and Refugees (MHRR), still had not returned to their pre-war homes, although many among them still expressed the desire to do so”.2
- “25th Report by the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” OHR, 2003, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=32024.[/f…The UNHCR reported that some 14,012 refugees and 40,303 IDPs returned in 2003.1“2005 UNHCR Statistical Yearbook – Bosnia and Herzegovina,” UNHCR, 2005, accessed May 2,2011, http://www.unhcr.org/4641836a0.html.
2004
In November 2004, the OHR reported that “the Bosnia and Herzegovina authorities successfully assumed responsibility for annex VII implementation” (OHR, 2004). The report suggested that “the property repossession rate rose to 93 percent, the State Law on Refugees and Displaced Persons (amended in September 2003) is gradually being implemented.”1According to a UNHCR report, some 2,447 refugees and 17,948 IDPs returned in 2004.2
- “26th Report by the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” OHR, 2004, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=33537.
- “2005 UNHCR Statistical Yearbook – Bosnia and Herzegovina.”
2005
The Annex VII of the framework agreement was implemented in 2004. According to the UNHCR, however, 1,273 refugees and 5,164 IDPs returned in 2005.1
ANNEX 7: AGREEMENT ON REFUGEES AND DISPLACED PERSONS
The Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, and the Republika Srpska (the “Parties”) have agreed as follows:
Chapter One: Protection: Article I: Rights of Refugees and Displaced Persons
1. All refugees and displaced persons have the right freely to return to their homes of origin. They shall have the right to have restored to them property of which they were deprived in the course of hostilities since 1991 and to be compensated for any property that cannot be restored to them. The early return of refugees and displaced persons is an important objective of the settlement of the conflict in Bosnia and Herzegovina. The Parties confirm that they will accept the return of such persons who have left their territory, including those who have been accorded temporary protection by third countries.
2. The Parties shall ensure that refugees and displaced persons are permitted to return in safety, without risk of harassment, intimidation, persecution, or discrimination, particularly on account of their ethnic origin, religious belief, or political opinion.
3. The Parties shall take all necessary steps to prevent activities within their territories which would hinder or impede the safe and voluntary return of refugees and displaced persons. To demonstrate their commitment to securing full respect for the human rights and fundamental freedoms of all persons within their jurisdiction and creating without delay conditions suitable for return of refugees and displaced persons, the Parties shall take immediately the following confidence building measures:
a. the repeal of domestic legislation and administrative practices with discriminatory intent or effect;
b. the prevention and prompt suppression of any written or verbal incitement, through media or otherwise, of ethnic or religious hostility or hatred;
c. the dissemination, through the media, of warnings against, and the prompt suppression of, acts of retribution by military, paramilitary, and police services, and by other public officials or private individuals;
d. the protection of ethnic and/or minority populations wherever they are found and the provision of immediate access to these populations by international humanitarian organizations and monitors;
e. the prosecution, dismissal or transfer, as appropriate, of persons in military, paramilitary, and police forces, and other public servants, responsible for serious violations of the basic rights of persons belonging to ethnic or minority groups.
4. Choice of destination shall be up to the individual or family, and the principle of the unity of the family shall be preserved. The Parties shall not interfere with the returnees’ choice of destination, nor shall they compel them to remain in or move to situations of serious danger or insecurity, or to areas lacking in the basic infrastructure necessary to resume a normal life. The Parties shall facilitate the flow of information necessary for refugees and displaced persons to make informed judgments about local conditions for return.
5. The Parties call upon the United Nations High Commissioner for Refugees (“UNHCR”) to develop in close consultation with asylum countries and the Parties a repatriation plan that will allow for an early, peaceful, orderly and phased return of refugees and displaced persons, which may include priorities for certain areas and certain categories of returnees. The Parties agree to implement such a plan and to conform their international agreements and internal laws to it. They accordingly call upon States that have accepted refugees to promote the early return of refugees consistent with international law.
Article II: Creation of Suitable Conditions for Return
1. The Parties undertake to create in their territories the political, economic, and social conditions conducive to the voluntary return and harmonious reintegration of refugees and displaced persons, without preference for any particular group. The Parties shall provide all possible assistance to refugees and displaced persons and work to facilitate their voluntary return in a peaceful, orderly and phased manner, in accordance with the UNHCR repatriation plan.
2. The Parties shall not discriminate against returning refugees and displaced persons with respect to conscription into military service, and shall give positive consideration to requests for exemption from military or other obligatory service based on individual circumstances, so as to enable returnees to rebuild their lives.
Article III: Cooperation with International Organizations and International Monitoring
1. The Parties note with satisfaction the leading humanitarian role of UNHCR, which has been entrusted by the Secretary-General of the United Nations with the role of coordinating among all agencies assisting with the repatriation and relief of refugees and displaced persons.
2. The Parties shall give full and unrestricted access by UNHCR, the International Committee of the Red Cross (“ICRC”), the United Nations Development Programme (“UNDP”), and other relevant international, domestic and nongovernmental organizations to all refugees and displaced persons, with a view to facilitating the work of those organizations in tracing persons, the provision of medical assistance, food distribution, reintegration assistance, the provision of temporary and permanent housing, and other activities vital to the discharge of their mandates and operational responsibilities without administrative impediments. These activities shall include traditional protection functions and the monitoring of basic human rights and humanitarian conditions, as well as the implementation of the provisions of this Chapter.
3. The Parties shall provide for the security of all personnel of such organizations.
Article IV: Repatriation Assistance
The Parties shall facilitate the provision of adequately monitored, short-term repatriation assistance on a nondiscriminatory basis to all returning refugees and displaced persons who are in need, in accordance with a plan developed by UNHCR and other relevant organizations, to enable the families and individuals returning to reestablish their lives and livelihoods in local communities.
Article V: Persons Unaccounted For
The Parties shall provide information through the tracing mechanisms of the ICRC on all persons unaccounted for. The Parties shall also cooperate fully with the ICRC in its efforts to determine the identities, whereabouts and fate of the unaccounted for.
Article VI: Amnesty
Any returning refugee or displaced person charged with a crime, other than a serious violation of international humanitarian law as defined in the Statute of the International Tribunal for the Former Yugoslavia since January 1, 1991 or a common crime unrelated to the conflict, shall upon return enjoy an amnesty. In no case shall charges for crimes be imposed for political or other inappropriate reasons or to circumvent the application of the amnesty.
Chapter Two: Commission for Displaced Persons and Refugees
Article VII: Establishment of the Commission
The Parties hereby establish an independent Commission for Displaced Persons and Refugees (the “Commission”). The Commission shall have its headquarters in Sarajevo and may have offices at other locations as it deems appropriate.
Article VIII: Cooperation
The Parties shall cooperate with the work of the Commission, and shall respect and implement its decisions expeditiously and in good faith, in cooperation with relevant international and nongovernmental organizations having responsibility for the return and reintegration of refugees and displaced persons.
Article IX: Composition
1. The Commission shall be composed of nine members. Within 90 days after this Agreement enters into force, the Federation of Bosnia and Herzegovina shall appoint four members, two for a term of three years and the others for a term of four years, and the Republika Srpska shall appoint two members, one for a term of three years and the other for a term of four years. The President of the European Court of Human Rights shall appoint the remaining members, each for a term of five years, and shall designate one such member as the Chairman. The members of the Commission may be reappointed.
2. Members of the Commission must be of recognized high moral standing.
3. The Commission may sit in panels, as provided in its rules and regulations. References in this Annex to the Commission shall include, as appropriate, such panels, except that the power to promulgate rules and regulations is vested only in the Commission as a whole.
4. Members appointed after the transfer described in Article XVI below shall be appointed by the Presidency of Bosnia and Herzegovina.
Article X: Facilities, Staff and Expenses
1. The Commission shall have appropriate facilities and a professionally competent staff, experienced in administrative, financial, banking and legal matters, to assist it in carrying out its functions. The staff shall be headed by an Executive Officer, who shall be appointed by the Commission.
2. The salaries and expenses of the Commission and its staff shall be determined jointly by the Parties and shall be borne equally by the Parties.
3. Members of the Commission shall not be held criminally or civilly liable for any acts carried out within the scope of their duties. Members of the Commission, and their families, who are not citizens of Bosnia and Herzegovina shall be accorded the same privileges and immunities as are enjoyed by diplomatic agents and their families under the Vienna Convention on Diplomatic Relations.
4. The Commission may receive assistance from international and nongovernmental organizations, in their areas of special expertise falling within the mandate of the Commission, on terms to be agreed.
5. The Commission shall cooperate with other entities established by the General Framework Agreement, agreed by the Parties, or authorized by the United Nations Security Council.
Article XI: Mandate
The Commission shall receive and decide any claims for real property in Bosnia and Herzegovina, where the property has not voluntarily been sold or otherwise transferred since April 1, 1992, and where the claimant does not now enjoy possession of that property. Claims may be for return of the property or for just compensation in lieu of return.
Article XII: Proceedings before the Commission
1. Upon receipt of a claim, the Commission shall determine the lawful owner of the property with respect to which the claim is made and the value of that property. The Commission, through its staff or a duly designated international or nongovernmental organization, shall be entitled to have access to any and all property records in Bosnia and Herzegovina, and to any and all real property located in Bosnia and Herzegovina for purposes of inspection, evaluation and assessment related to consideration of a claim.
2. Any person requesting the return of property who is found by the Commission to be the lawful owner of that property shall be awarded its return. Any person requesting compensation in lieu of return who is found by the Commission to be the lawful owner of that property shall be awarded just compensation as determined by the Commission. The Commission shall make decisions by a majority of its members.
3. In determining the lawful owner of any property, the Commission shall not recognize as valid any illegal property transaction, including any transfer that was made under duress, in exchange for exit permission or documents, or that was otherwise in connection with ethnic cleansing. Any person who is awarded return of property may accept a satisfactory lease arrangement rather than retake possession.
4. The Commission shall establish fixed rates that may be applied to determine the value of all real property in Bosnia and Herzegovina that is the subject of a claim before the Commission. The rates shall be based on an assessment or survey of properties in the territory of Bosnia and Herzegovina undertaken prior to April 1, 1992, if available, or may be based on other reasonable criteria as determined by the Commission.
5. The Commission shall have the power to effect any transactions necessary to transfer or assign title, mortgage, lease, or otherwise dispose of property with respect to which a claim is made, or which is determined to be abandoned. In particular, the Commission may lawfully sell, mortgage, or lease real property to any resident or citizen of Bosnia and Herzegovina, or to either Party, where the lawful owner has sought and received compensation in lieu of return, or where the property is determined to be abandoned in accordance with local law. The Commission may also lease property pending consideration and final determination of ownership.
6. In cases in which the claimant is awarded compensation in lieu of return of the property, the Commission may award a monetary grant or a compensation bond for the future purchase of real property. The Parties welcome the willingness of the international community assisting in the construction and financing of housing in Bosnia and Herzegovina to accept compensation bonds awarded by the Commission as payment, and to award persons holding such compensation bonds priority in obtaining that housing.
7. Commission decisions shall be final, and any title, deed, mortgage, or other legal instrument created or awarded by the Commission shall be recognized as lawful throughout Bosnia and Herzegovina.
8. Failure of any Party or individual to cooperate with the Commission shall not prevent the Commission from making its decision.
Article XIII: Use of Vacant Property
The Parties, after notification to the Commission and in coordination with UNHCR and other international and nongovernmental organizations contributing to relief and reconstruction, may temporarily house refugees and displaced persons in vacant property, subject to final determination of ownership by the Commission and to such temporary lease provisions as it may require.
Article XIV: Refugees and Displaced Persons Property Fund
1. A Refugees and Displaced Persons Property Fund (the “Fund”) shall be established in the Central Bank of Bosnia and Herzegovina to be administered by the Commission. The Fund shall be replenished through the purchase, sale, lease and mortgage of real property which is the subject of claims before the Commission. It may also be replenished by direct payments from the Parties, or from contributions by States or international or nongovernmental organizations.
2. Compensation bonds issued pursuant to Article XII(6) shall create future liabilities on the Fund under terms and conditions to be defined by the Commission.
Article XV: Rules and Regulations
The Commission shall promulgate such rules and regulations, consistent with this Agreement, as may be necessary to carry out its functions. In developing these rules and regulations, the Commission shall consider domestic laws on property rights.
Article XVI: Transfer
Five years after this Agreement takes effect, responsibility for the financing and operation of the Commission shall transfer from the Parties to the Government of Bosnia and Herzegovina, unless the Parties otherwise agree. In the latter case, the Commission shall continue to operate as provided above.
Article XVII: Notice
The Parties shall give effective notice of the terms of this Agreement throughout Bosnia and Herzegovina, and in all countries known to have persons who were citizens or residents of Bosnia and Herzegovina.
Article XVIII: Entry into Force
This Agreement shall enter into force upon signature.
Internally Displaced Persons
1995
In his 13 December 1995 report to the Security Council, the U.N. Secretary General stated that there were 1.2 million displaced persons inside Bosnia and Herzegovina and 900,000 refugees outside the country. He acknowledged that the accurate planning of the return of internally displaced persons (IDPs) and refugees was difficult because of the future security situation as well as uncertainties related to their wishes. IDPs and refugees had the option to return to their homes or settle elsewhere.1 The institutional mechanisms to implement the provisions of the accord were not in place. International organizations like the United Nations High Commissioner for Refugees (UNHCR) and other agencies were working on the issue.
Refugees started to return voluntarily. According to a UNHCR report, 815 refugees had returned.2 It was not clear whether the peace accord mandated that the Commission for Displaced Persons and Refugees be set up in 1995.
- “Report of the Secretary-General Pursuant to Security Council Resolution 1026 (1995),” U.N. Security Council (S/1995/1031), December 13, 1995.
- “2002 UNHCR Statistical Yearbook – Bosnia and Herzegovina,” UNHCR, 2002, accessed May 2, 2011, http://www.unhcr.org/414ad5707.html.
1996
The U.N. Secretary General informed the Security Council that the UNHCR had developed an operational plan to support the return of more than 2 million refugees and IDPs. The UNHCR plan was presented to the Humanitarian Issues Working Group of the Peace Implementation Council on 16 January and was strongly endorsed at a subsequent high-level working meeting in Oslo on 8 March 1996. It was estimated that 500,000 IDPs and 370,000 refugees would return in 1996. The report further suggested that more than 50,000 refugees and IDPs returned home in spontaneous and organized movements assisted by the UNHCR. However, those who returned were mostly refused “on grounds of lack of security guarantees or clear instructions from the leadership concerned” (United Nations, 1996). According to the report, “an independent Commission for Real Property Claims of Displaced Persons and Refugees was established on 20 March 1996 with its main base in Sarajevo. Its function is to receive and decide any claims for real property in Bosnia and Herzegovina where the property has not voluntarily been sold or otherwise transferred since 1 April 1992, and where the claimant does not enjoy possession of the property. The Commission consists of four members appointed by the Federation, two members appointed by the Republika Srpska and three members appointed by the European Court of Justice. Given the close link between repatriation and property, UNHCR will be associated with the work of the Commission.”1 It was said that the successful return of refugees and IDPs would depend on sustained security provided by the partiesÕ massive physical and economic reconstruction, and mine clearing efforts in those areas where IDPs and refugees would return.
By the end of 1996, according to the U.N. Secretary General’s report, “some 250,000 refugees and displaced persons have returned to their homes in Bosnia and Herzegovina.” Most of the returnees returned to their homes where their community was in majority. The report further suggests that “Of an estimated 84,000 houses requiring repair, work has been completed on 24,000 so far. Other key community infrastructure activities, such as the repair of 100 schools, 50 clinics and hospitals, 60 water systems and 50 power systems, have been undertaken. It is estimated that up to 100,000 people, mainly displaced persons, will benefit from these activities.”2
An amnesty law was passed in both entities in 1996, but it had a fundamental flaw: it excluded persons who deserted or avoided military conscription. According to the U.N. Secretary General’s report, correction of this flaw was necessary.3
- “Report of the Secretary-General Pursuant to Resolution 1035 (1995),” U.N. Security Council (S/1996/210), March 29, 1996.
- “Report of the Secretary-General Pursuant to Resolution 1035 (1995),” U.N. Security Council (S/1996/1017), December 9, 1996.
- “4th Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1996, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3667.
1997
The Secretary General reported to the U.N. Security Council that some 90,000 refugees and IDPs returned to their homes in Bosnia and Herzegovina. Half of them were from asylum countries. The UN Mission in Bosnia and Herzegovina as well as UNHCR provided repatriation-related assistance. Also, the local authorities in both entities were supported in their efforts to provide assistance to displaced persons in collective centers.1
- “Report of the Secretary-General on the United Nations Mission in Bosnia and Herzegovina,” U.N. Security Council (S/1997/694), September 8, 1997.
1998
From January to September 1998, some 90,000 refugees and IDPs returned to Bosnia and Herzegovina. Among those, 50,000 returned under the German Government’s return program. Of the total number of those who returned, 2,440 persons returned to the Republika Srpska. Some 9,340 returned to their pre-war homes. A total of 6,063 refugees and IDPs returned to minority areas. The UNHCR continued to promote minority returns with declarations of new “Open Cities”. The UNHCR, together with the Office of the High Representative (OHR), provided assistance to those who returned. Both entities also monitored the implementation of the new property legislation passed by the Federation in April 1998.1
According to a UNHCR yearbook report, some 129,073 refugees and 29,570 IDPs returned by the end of 1998.2 The Republika Srpska did not meet the deadline of 31 August to adopt property law set by the Peace Agreement at Luxembourg.3
On 24 December 1998, the Republika Srpska National Assembly passed a Law on Amnesty, which amended the previous Law on Amnesty’s exclusion of deserters and draft dodgers from legal protection. The president refused to sign the law. The amnesty laws were readopted by the RS national assembly on 23 July, overriding the earlier veto by the president.4
- “Report of the Secretary General on the United Nations Mission in Bosnia and Herzegovina,” U.N. Security Council (S/1998/862). September 16, 1998.
- “2002 UNHCR Statistical Yearbook – Bosnia and Herzegovina.”
- “11th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” OHR, 1998, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3674.
- “15th Report by the High Representative for Implementation of the Peace Agreement to The Secretary-General of the United Nations,” OHR, 1999, accessed May 2, 2011 http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3679.
1999
According to the U.N. Secretary General’s report, “in the first ten months of 1999, the UNHCR registered the return of 43,830 refugees and 32,695 internally displaced persons. Of these, 18,604 individuals were members of ethnic minorities returning to the Federation, while 9,522 individuals (sic) members of ethnic minorities were recorded returning to the Republika Srpska.”1 Part of the reason was related to the political and administrative obstruction at the local level to implementing the property law. As a step forward, however, the RS assembly “passed amended legislation in December that will allow former residents to reclaim socially-owned ‘abandoned’ property.”2
- “Report of the Secretary-General on the United Nations Mission in Bosnia and Herzegovina,” U.N. Security Council (S/1999/1260), December 17, 1999.
- “12th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” OHR, 1999, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3675.
2000
The repatriation of refugees and return of IDPs remained unsatisfactory. According to the UNHCR, some 18,715 refugees and 59,347 IDPs resettled in 2000.1
2001
The Secretary General reported to the UN Security Council the results of the re-registration of IDPs. This exercise was carried out in support of the UNHCR through both entities. According to the report, 518,252 persons applied for the IDP status (231,732 applied in Republika Srpska, 263,375 in the Federation, and 23,145 in the Brcko District) at the end of 2000. Approximately 845,000 were registered as IDPs in 1996.1 The report also suggested that 25 percent of the 254,333 individual property claims had been resolved and 50 percent had been decided upon, which represented an important benchmark in the implementation of the property legislation. According to the UNHCR report, some 18,665 refugees and 80,172 IDPs returned in 2001,2 92,061 of whom returned to their pre-war homes.
- “Report of the Secretary-General on the United Nations Mission in Bosnia and Herzegovina,” U.N. Security Council (S/2001/571), June 7, 2001.
- “2002 UNHCR Statistical Yearbook- Bosnia and Herzegovina.”
2002
According to the OHR report of 13 October 2003, “the number of refugees returning continues to be strong, exceeding 102,000 in 2002. According to UNHCR statistics, the total of registered returns to and within BiH has risen to nearly 1 million people, including some 390,000 so-called minority returns.”1 With respect to property implementation law, approximately 40,000 claims remain unresolved in both entities according to the OHR report. The UNHCR report stated that some 41,705 refugees and 70,775 IDPs returned in 2002.2
- “24th Report by the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” OHR, 2003, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=31003.
- “2002 UNHCR Statistical Yearbook- Bosnia and Herzegovina.”
2003
According to an OHR report from 2003, “by the end of last year the total number of registered returns to and within BiH had risen to nearly 1 million people, including some 430,000 so-called minority returns. Approximately 350,000 refugees and DPs, as estimated by the BiH Ministry for Human Rights and Refugees (MHRR), still had not returned to their pre-war homes, although many among them still expressed the desire to do so”.2
- “25th Report by the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” OHR, 2003, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=32024.[/f…The UNHCR reported that some 14,012 refugees and 40,303 IDPs returned in 2003.1“2005 UNHCR Statistical Yearbook – Bosnia and Herzegovina,” UNHCR, 2005, accessed May 2, 2011,http://www.unhcr.org/4641836a0.html.
2004
In November 2004, the OHR reported that “the Bosnia and Herzegovina authorities successfully assumed responsibility for annex VII implementation.” The report suggested that “the property repossession rate rose to 93 percent, the State Law on Refugees and Displaced Persons (amended in September 2003) is gradually being implemented.”2
- “26th Report by the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” OHR, 2004, accessed May 2, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=33537.[/f…According to a UNHCR report, some 2,447 refugees and 17,948 IDPs returned in 2004.1“2005 UNHCR Statistical Yearbook – Bosnia and Herzegovina.”
2005
The Annex VII of the framework agreement was successfully implemented in 2004. According to the UNHCR, however, 1,273 refugees and 5,164 IDPs returned in 2005.1
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 7 AGREEMENT ON REFUGEES AND DISPLACED PERSONS
The Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, and the Republika Srpska (the “Parties”) have agreed as follows:
Chapter One: Protection
Article I: Rights of Refugees and Displaced Persons
6. All refugees and displaced persons have the right freely to return to their homes of origin. They shall have the right to have restored to them property of which they were deprived in the course of hostilities since 1991 and to be compensated for any property that cannot be restored to them. The early return of refugees and displaced persons is an important objective of the settlement of the conflict in Bosnia and Herzegovina. The Parties confirm that they will accept the return of such persons who have left their territory, including those who have been accorded temporary protection by third countries.
7. The Parties shall ensure that refugees and displaced persons are permitted to return in safety, without risk of harassment, intimidation, persecution, or discrimination, particularly on account of their ethnic origin, religious belief, or political opinion.
8. The Parties shall take all necessary steps to prevent activities within their territories which would hinder or impede the safe and voluntary return of refugees and displaced persons. To demonstrate their commitment to securing full respect for the human rights and fundamental freedoms of all persons within their jurisdiction and creating without delay conditions suitable for return of refugees and displaced persons, the Parties shall take immediately the following confidence building measures:
a. the repeal of domestic legislation and administrative practices with discriminatory intent or effect;
b. the prevention and prompt suppression of any written or verbal incitement, through media or otherwise, of ethnic or religious hostility or hatred;
c. the dissemination, through the media, of warnings against, and the prompt suppression of, acts of retribution by military, paramilitary, and police services, and by other public officials or private individuals;
d. the protection of ethnic and/or minority populations wherever they are found and the provision of immediate access to these populations by international humanitarian organizations and monitors;
e. the prosecution, dismissal or transfer, as appropriate, of persons in military, paramilitary, and police forces, and other public servants, responsible for serious violations of the basic rights of persons belonging to ethnic or minority groups.
9. Choice of destination shall be up to the individual or family, and the principle of the unity of the family shall be preserved. The Parties shall not interfere with the returnees’ choice of destination, nor shall they compel them to remain in or move to situations of serious danger or insecurity, or to areas lacking in the basic infrastructure necessary to resume a normal life. The Parties shall facilitate the flow of information necessary for refugees and displaced persons to make informed judgments about local conditions for return.
10. The Parties call upon the United Nations High Commissioner for Refugees (“UNHCR”) to develop in close consultation with asylum countries and the Parties a repatriation plan that will allow for an early, peaceful, orderly and phased return of refugees and displaced persons, which may include priorities for certain areas and certain categories of returnees. The Parties agree to implement such a plan and to conform their international agreements and internal laws to it. They accordingly call upon States that have accepted refugees to promote the early return of refugees consistent with international law.
Article II: Creation of Suitable Conditions for Return
1. The Parties undertake to create in their territories the political, economic, and social conditions conducive to the voluntary return and harmonious reintegration of refugees and displaced persons, without preference for any particular group. The Parties shall provide all possible assistance to refugees and displaced persons and work to facilitate their voluntary return in a peaceful, orderly and phased manner, in accordance with the UNHCR repatriation plan.
2. The Parties shall not discriminate against returning refugees and displaced persons with respect to conscription into military service, and shall give positive consideration to requests for exemption from military or other obligatory service based on individual circumstances, so as to enable returnees to rebuild their lives.
Article III: Cooperation with International Organizations and International Monitoring
4. The Parties note with satisfaction the leading humanitarian role of UNHCR, which has been entrusted by the Secretary-General of the United Nations with the role of coordinating among all agencies assisting with the repatriation and relief of refugees and displaced persons.
5. The Parties shall give full and unrestricted access by UNHCR, the International Committee of the Red Cross (“ICRC”), the United Nations Development Programme (“UNDP”), and other relevant international, domestic and nongovernmental organizations to all refugees and displaced persons, with a view to facilitating the work of those organizations in tracing persons, the provision of medical assistance, food distribution, reintegration assistance, the provision of temporary and permanent housing, and other activities vital to the discharge of their mandates and operational responsibilities without administrative impediments. These activities shall include traditional protection functions and the monitoring of basic human rights and humanitarian conditions, as well as the implementation of the provisions of this Chapter.
6. The Parties shall provide for the security of all personnel of such organizations.
Article IV: Repatriation Assistance
The Parties shall facilitate the provision of adequately monitored, short-term repatriation assistance on a nondiscriminatory basis to all returning refugees and displaced persons who are in need, in accordance with a plan developed by UNHCR and other relevant organizations, to enable the families and individuals returning to reestablish their lives and livelihoods in local communities.
Article V: Persons Unaccounted For
The Parties shall provide information through the tracing mechanisms of the ICRC on all persons unaccounted for. The Parties shall also cooperate fully with the ICRC in its efforts to determine the identities, whereabouts and fate of the unaccounted for.
Article VI: Amnesty
Any returning refugee or displaced person charged with a crime, other than a serious violation of international humanitarian law as defined in the Statute of the International Tribunal for the Former Yugoslavia since January 1, 1991 or a common crime unrelated to the conflict, shall upon return enjoy an amnesty. In no case shall charges for crimes be imposed for political or other inappropriate reasons or to circumvent the application of the amnesty.
Chapter Two: Commission for Displaced Persons and Refugees
Article VII: Establishment of the Commission
The Parties hereby establish an independent Commission for Displaced Persons and Refugees (the “Commission”). The Commission shall have its headquarters in Sarajevo and may have offices at other locations as it deems appropriate.
Article VIII: Cooperation
The Parties shall cooperate with the work of the Commission, and shall respect and implement its decisions expeditiously and in good faith, in cooperation with relevant international and nongovernmental organizations having responsibility for the return and reintegration of refugees and displaced persons.
Article IX: Composition
5. The Commission shall be composed of nine members. Within 90 days after this Agreement enters into force, the Federation of Bosnia and Herzegovina shall appoint four members, two for a term of three years and the others for a term of four years, and the Republika Srpska shall appoint two members, one for a term of three years and the other for a term of four years. The President of the European Court of Human Rights shall appoint the remaining members, each for a term of five years, and shall designate one such member as the Chairman. The members of the Commission may be reappointed.
6. Members of the Commission must be of recognized high moral standing.
7. The Commission may sit in panels, as provided in its rules and regulations. References in this Annex to the Commission shall include, as appropriate, such panels, except that the power to promulgate rules and regulations is vested only in the Commission as a whole.
8. Members appointed after the transfer described in Article XVI below shall be appointed by the Presidency of Bosnia and Herzegovina.
Article X: Facilities, Staff and Expenses
6. The Commission shall have appropriate facilities and a professionally competent staff, experienced in administrative, financial, banking and legal matters, to assist it in carrying out its functions. The staff shall be headed by an Executive Officer, who shall be appointed by the Commission.
7. The salaries and expenses of the Commission and its staff shall be determined jointly by the Parties and shall be borne equally by the Parties.
8. Members of the Commission shall not be held criminally or civilly liable for any acts carried out within the scope of their duties. Members of the Commission, and their families, who are not citizens of Bosnia and Herzegovina shall be accorded the same privileges and immunities as are enjoyed by diplomatic agents and their families under the Vienna Convention on Diplomatic Relations.
9. The Commission may receive assistance from international and nongovernmental organizations, in their areas of special expertise falling within the mandate of the Commission, on terms to be agreed.
10. The Commission shall cooperate with other entities established by the General Framework Agreement, agreed by the Parties, or authorized by the United Nations Security Council.
Article XI: Mandate
The Commission shall receive and decide any claims for real property in Bosnia and Herzegovina, where the property has not voluntarily been sold or otherwise transferred since April 1, 1992, and where the claimant does not now enjoy possession of that property. Claims may be for return of the property or for just compensation in lieu of return.
Article XII: Proceedings before the Commission
9. Upon receipt of a claim, the Commission shall determine the lawful owner of the property with respect to which the claim is made and the value of that property. The Commission, through its staff or a duly designated international or nongovernmental organization, shall be entitled to have access to any and all property records in Bosnia and Herzegovina, and to any and all real property located in Bosnia and Herzegovina for purposes of inspection, evaluation and assessment related to consideration of a claim.
10. Any person requesting the return of property who is found by the Commission to be the lawful owner of that property shall be awarded its return. Any person requesting compensation in lieu of return who is found by the Commission to be the lawful owner of that property shall be awarded just compensation as determined by the Commission. The Commission shall make decisions by a majority of its members.
11. In determining the lawful owner of any property, the Commission shall not recognize as valid any illegal property transaction, including any transfer that was made under duress, in exchange for exit permission or documents, or that was otherwise in connection with ethnic cleansing. Any person who is awarded return of property may accept a satisfactory lease arrangement rather than retake possession.
12. The Commission shall establish fixed rates that may be applied to determine the value of all real property in Bosnia and Herzegovina that is the subject of a claim before the Commission. The rates shall be based on an assessment or survey of properties in the territory of Bosnia and Herzegovina undertaken prior to April 1, 1992, if available, or may be based on other reasonable criteria as determined by the Commission.
13. The Commission shall have the power to effect any transactions necessary to transfer or assign title, mortgage, lease, or otherwise dispose of property with respect to which a claim is made, or which is determined to be abandoned. In particular, the Commission may lawfully sell, mortgage, or lease real property to any resident or citizen of Bosnia and Herzegovina, or to either Party, where the lawful owner has sought and received compensation in lieu of return, or where the property is determined to be abandoned in accordance with local law. The Commission may also lease property pending consideration and final determination of ownership.
14. In cases in which the claimant is awarded compensation in lieu of return of the property, the Commission may award a monetary grant or a compensation bond for the future purchase of real property. The Parties welcome the willingness of the international community assisting in the construction and financing of housing in Bosnia and Herzegovina to accept compensation bonds awarded by the Commission as payment, and to award persons holding such compensation bonds priority in obtaining that housing.
15. Commission decisions shall be final, and any title, deed, mortgage, or other legal instrument created or awarded by the Commission shall be recognized as lawful throughout Bosnia and Herzegovina.
16. Failure of any Party or individual to cooperate with the Commission shall not prevent the Commission from making its decision.
Article XIII: Use of Vacant Property
The Parties, after notification to the Commission and in coordination with UNHCR and other international and nongovernmental organizations contributing to relief and reconstruction, may temporarily house refugees and displaced persons in vacant property, subject to final determination of ownership by the Commission and to such temporary lease provisions as it may require.
Article XIV: Refugees and Displaced Persons Property Fund
3. A Refugees and Displaced Persons Property Fund (the “Fund”) shall be established in the Central Bank of Bosnia and Herzegovina to be administered by the Commission. The Fund shall be replenished through the purchase, sale, lease and mortgage of real property which is the subject of claims before the Commission. It may also be replenished by direct payments from the Parties, or from contributions by States or international or nongovernmental organizations.
4. Compensation bonds issued pursuant to Article XII(6) shall create future liabilities on the Fund under terms and conditions to be defined by the Commission.
Article XV: Rules and Regulations The Commission shall promulgate such rules and regulations, consistent with this Agreement, as may be necessary to carry out its functions. In developing these rules and regulations, the Commission shall consider domestic laws on property rights.
Article XVI: Transfer
Five years after this Agreement takes effect, responsibility for the financing and operation of the Commission shall transfer from the Parties to the Government of Bosnia and Herzegovina, unless the Parties otherwise agree. In the latter case, the Commission shall continue to operate as provided above.
Article XVII: Notice
The Parties shall give effective notice of the terms of this Agreement throughout Bosnia and Herzegovina, and in all countries known to have persons who were citizens or residents of Bosnia and Herzegovina.
Article XVIII: Entry into Force
This Agreement shall enter into force upon signature.
Citizenship Reform
1995
No information was available on the implementation of the citizenship provisions in the Dayton Accord.
1996
The Office of the High Representative (OHR) facilitated the proper initiation for the functioning of government institutions. This consisted of establishing the minimal legislative basis for the government of Bosnia and Herzegovina to operate, which included citizenship and passport regulations.1 Further information was not available.
- “3rd Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1996, accessed April 29, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3666.
1997
In May, the International conference in Sintra, Portugal, established the deadline of Friday, August 1 for Bosnia and Herzegovina to agree on common citizenship, passports, and common ambassadors. Parties failed to reach an agreement by the stipulated deadline. When the deadline was not met, the High Representative extended the deadline until Monday, August 4. If the parties did not meet this deadline, they would face possible international penalties. As Bosnia’s ruling Council of Ministers failed to reach an agreement, International High Representative Carlos Westendorp announced on August 4 that he had recommended a series of new penalties.1 To avoid these penalties, the Council of Ministers met on Tuesday to try to agree on common citizenship policies, but failed.2
In a press conference organized by the OHR on 1 October 1997, the High Representative suggested that no progress had been made on issues related to common citizenship and passports.3
The High Representative reported to the UN Secretary General that the Council of Ministers had finalized the draft laws on travel documents and forwarded them to the Parliament of Bosnia and Herzegovina. The Parliament, however, failed to reach a consensus on the draft law on citizenship. Because of this failure, the High Representative took action to bring this law into force as of 1 January 1998.4 The High Representative promulgated the law on citizenship on 18 December. The law was not adopted by the Bosnia-Hercegovina Parliament. As soon as the law was promulgated, a member of the Bosnia-Hercegovina Presidency Momcilo Krajisnik had described the High Representative’s decision as a bad move, dictated by the behavior of the Muslim side.5
- “Last chance for Bosnia to agree citizenship and passports,” Agence France Presse, August 4, 1997.
- “Bosnia’s leaders try to escape sanctions by agreeing common citizenship,” Agence France Presse, August 5, 1997.
- “Press Conference by the High Representative, Mr. Carlos Westendorp and the Principal Deputy High Representative, Amb. Jacques Paul Klein following the Meeting of the Steering Board of the Peace Implementation Council,” Office of the High Representative (OHR), accessed April 29, 2011, http://www.ohr.int/ohr-dept/presso/pressb/default.asp?content_id=4855.
- “8th Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1998, accessed April 29, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3671.
- “Leader says citizenship law is dangerous for future of Bosnia,” BBC Summary of World Broadcasts, December 19, 1997.
1998
It was reported that the Yugoslav government approved a bill on January 29, 1998, “ratifying an accord on citizenship between Yugoslavia and Bosnia-Hercegovina.” The ratification of the accord would enable citizens of Bosnia, in particular Serbs and Montenegrins, to request Yugoslav citizenship as well.1 The citizenship agreement was then ratified by the Yugoslavia Parliament on 3 March 1998.2 Bosnian Croats also had dual citizenship rights with Croatia.
In a report to the UN Secretary General dated 14 October 1998, the High Representative said that “a draft Law on Citizenship of the Federation of Bosnia and Herzegovina has been finalised (sic) and is to be adopted. A similar procedure will be used for drafting the equivalent law for the RS.”3
- “Government approves bill on citizenship accord with Bosnia,” BBC Summary of World Broadcasts, January 31, 1998.
- “Assembly ratifies dual citizenship law with Bosnia,” BBC Summary of World Broadcasts, March 5, 1998.
- “11th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1998, accessed April 29, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3674.
1999
The citizenship law was adopted in 1998. No further developments were reported.
2000
The citizenship law was adopted in 1998. No further developments were reported.
2001
The citizenship law was adopted in 1998. No further developments were reported.
2002
The citizenship law was adopted in 1998. No further developments were reported.
2003
The citizenship law was adopted in 1998. No further developments were reported.
2004
The citizenship law was adopted in 1998. No further developments were reported.
2005
In cooperation with an OHR expert, the Bosnia and Herzegovina government amended the citizenship bill and forwarded it to the state parliament on adoption by urgent procedure. The revised law set up “a state commission for revision of decisions on naturalization of foreign citizens” (BBC Monitoring Europe, 2005).1
THE GENERAL FRAMEWORK AGREEMENT
Annex 4 Constitution of Bosnia and Herzegovina
7. Citizenship. There shall be a citizenship of Bosnia and Herzegovina, to be regulated by the Parliamentary Assembly, and a citizenship of each Entity, to be regulated by each Entity, provided that:
All citizens of either Entity are thereby citizens of Bosnia and Herzegovina.
a. No person shall be deprived of Bosnia and Herzegovina or Entity citizenship arbitrarily or so as to leave him or her stateless. No person shall be deprived of Bosnia and Herzegovina or Entity citizenship on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
b. All persons who were citizens of the Republic of Bosnia and Herzegovina immediately prior to the entry into force of this Constitution are citizens of Bosnia and Herzegovina. The citizenship of persons who were naturalized after April 6, 1992 and before the entry into force of this Constitution will be regulated by the Parliamentary Assembly.
c. Citizens of Bosnia and Herzegovina may hold the citizenship of another state, provided that there is a bilateral agreement, approved by the Parliamentary Assembly in accordance with Article IV(4)(d), between Bosnia and Herzegovina and that state governing this matter. Persons with dual citizenship may vote in Bosnia and Herzegovina and the Entities only if Bosnia and Herzegovina is their country of residence.
d. A citizen of Bosnia and Herzegovina abroad shall enjoy the protection of Bosnia and Herzegovina. Each Entity may issue passports of Bosnia and Herzegovina to its citizens as regulated by the Parliamentary Assembly. Bosnia and Herzegovina may issue passports to citizens not issued a passport by an Entity. There shall be a central register of all passports issued by the Entities and by Bosnia and Herzegovina.
Cultural Protections
1995
No developments on the establishment of the commission were reported.
1996
The Commission to Preserve National Monuments was established and operated by UNESCO from 1996 to 2000. Under the tenure of UNESCO, the Commission created a “provisional list” of thousands of historical sites that came under government protection.1
- “Bosnia and Herzegovina Commission to Preserve National Monuments,” Commission to Preserve National Monuments, accessed April 19, 2013, http://kons.gov.ba/main.php?id_struct=108&lang=4.
1997
No developments observed this year.
1998
No developments observed this year.
1999
No developments observed this year.
2000
No developments observed this year.
2001
In 2001, the Commission was transferred from UNESCO to the Bosnia and Herzegovina (BiH) Government. On 21 December 2001, legislation was signed by President Jozo KrižanoviÄ establishing the Commission to Preserve National Monuments. Five Members of the Commission were also appointed on 21 December 2001.1
What follows is the text of the 2001
legislation:
DECISION ON THE COMMISSION TO PRESERVE
NATIONAL MONUMENTS
Article 1.
This Decision sets out the basic principles and aims and regulates the
organizational issues required to perform the tasks of the Commission to
Preserve National Monuments (hereinafter: the Commission), sets out its primary
tasks and authority, stipulates the term for which members of the Commission
are appointed, and defines other issues of importance for the Commission.
Article 2.
The Commission is an institution of Bosnia and Herzegovina established by Annex
8 of the General Framework Agreement for Peace in Bosnia and Herzegovina.
Article 3.
The Commission’s headquarters are in Sarajevo. The Commission may arrange to
carry out some of its functions elsewhere than at its headquarters.
Article 4.
The Commission shall receive and rule on applications to designate property as
a national monument because of its cultural, historic, religious or ethnic
importance, as provided for by Annex 8 of the General Framework Agreement for
Peace in Bosnia and Herzegovina.
Article 5.
The Presidency of BiH shall appoint five members of the Commission without open
competition. Members of the Commission shall be appointed for a term of five
years and may be reappointed. Persons who are highly qualified, corroborated by
scholarly work and other activities, including involvement in the preservation
and protection of the cultural, historical, religious and other material
civilizational heritage, shall be eligible for appointment as members of the
Commission. Members of the Commission, and their families, who are not citizens
of Bosnia and Herzegovina shall be accorded the privileges and immunities
stipulated by Article III para. 3 of Annex 8 of the General Framework Agreement
for Peace in Bosnia and Herzegovina.
Article 6.
The Commission shall have appropriate facilities and a professional competent
staff, generally representative of the ethnic groups comprising Bosnia and
Herzegovina, to assist it in carrying out its functions. The staff shall be
headed by an executive officer, who shall be appointed by the Commission.
Article 7.
The Commission shall promulgate rules and regulations governing appropriate
cooperation with the relevant organs of BiH and the entities.
Article 8.
The Commission shall be financed from the Budget of the institutions of BiH.
Additional methods of financing shall be provided for by separate internal acts
of the Commission which shall be approved by the Council of Ministers of BiH.
The material and financial affairs of the Commission shall be governed by a
Rulebook which shall be adopted by the Commission subject to the prior approval
of the Council of Ministers of BiH. Provisions governing the salaries and
expenses of the Commission and its staff shall form an integral part of the
said Rulebook.
Article 9.
The Commission’s internal organization shall be prescribed by a Rulebook on
internal organization adopted by the Commission subject to the prior approval
of the Presidency of BiH within 60 days of the date of entry into force of this
Decision. The Commission’s international cooperation shall be governed by a
separate act moved by the Commission and adopted by the Presidency of BiH.
Article 10.
The procedure for the adoption of the individual acts specified in Article V of
Annex 8 of the General Framework Agreement for Peace in Bosnia and Herzegovina,
with reference to Article 4 of this Decision, shall be prescribed by Rules of
Procedure to be adopted by the Commission.
Article 11.
This Decision enters into force on the date of its adoption and shall be
published in the Official Gazette of Bosnia and Herzegovina.2
- “Decision of BiH Presidency on Commission to Preserve National Monuments.”
- “PRESIDENCY OF BiH Jozo KrižanoviÄ MSc. Sarajevo, 21 December 2001,” (No.: 1-02-01-484/02 ).
2002
Operated by the Government of BiH, the Commission worked to actively preserve thousands of historical sites in the country.1
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
ANNEX 8 AGREEMENT ON COMMISSION TO PRESERVE NATIONAL MONUMENTS
The Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska (the “Parties”) have agreed as follows:
Article I: Establishment of the Commission
The Parties hereby establish an independent Commission to Preserve National Monuments (the “Commission”). The Commission shall have its headquarters in Sarajevo and may have offices at other locations as it deems appropriate.
Article II: Composition
1. The Commission shall be composed of five members. Within 90 days after this Agreement enters into force, the Federation of Bosnia and Herzegovina shall appoint two members, and the Republika Srpska one member, each serving a term of three years. The Director-General of the United Nations Educational, Scientific and Cultural Organization shall appoint the remaining members, each for a term of five years, and shall designate one such member as the Chairman. The members of the Commission may be reappointed. No person who is serving a sentence imposed by the International Tribunal for the Former Yugoslavia, and no person who is under indictment by the Tribunal and who has failed to comply with an order to appear before the Tribunal, may serve on the Commission.
2. Members appointed after the transfer described in Article IX below shall be appointed by the Presidency of Bosnia and Herzegovina.
Article III: Facilities, Staff and Expenses
1. The Commission shall have appropriate facilities and a professionally competent staff, generally representative of the ethnic groups comprising Bosnia and Herzegovina, to assist it in carrying out its functions. The staff shall be headed by an executive officer, who shall be appointed by the Commission.
2. The salaries and expenses of the Commission and its staff shall be determined jointly by the Entities and shall be borne equally by them.
3. Members of the Commission shall not be held criminally or civilly liable for any acts carried out within the scope of their duties. Members of the Commission, and their families, who are not citizens of Bosnia and Herzegovina shall be accorded the same privileges and immunities as are enjoyed by diplomatic agents and their families under the Vienna Convention on Diplomatic Relations.
Article IV: Mandate
The Commission shall receive and decide on petitions for the designation of property having cultural, historic, religious or ethnic importance as National Monuments.
Article V: Proceedings before the Commission
1. Any Party, or any concerned person in Bosnia and Herzegovina, may submit to the Commission a petition for the designation of property as a National Monument. Each such petition shall set forth all relevant information concerning the property, including:
a. the specific location of the property;
b. its current owner and condition;
c. the cost and source of funds for any necessary repairs to the property;
d. any known proposed use; and
e. the basis for designation as a National Monument.
2. In deciding upon the petition, the Commission shall afford an opportunity for the owners of the proposed National Monument, as well as other interested persons or entities, to present their views.
3. For a period of one year after such a petition has been submitted to the Commission, or until a decision is rendered in accordance with this Annex, whichever occurs first, all Parties shall refrain from taking any deliberate measures that might damage the property.
4. The Commission shall issue, in each case, a written decision containing any findings of fact it deems appropriate and a detailed explanation of the basis for its decision. The Commission shall make decisions by a majority of its members. Decisions of the Commission shall be final and enforceable in accordance with domestic law.
5. In any case in which the Commission issues a decision designating property as a National Monument, the Entity in whose territory the property is situated (a) shall make every effort to take appropriate legal, scientific, technical, administrative and financial measures necessary for the protection, conservation, presentation and rehabilitation of the property, and (b) shall refrain from taking any deliberate measures that might damage the property.
Article VI: Eligibility
The following shall be eligible for designation as National Monuments: movable or immovable property of great importance to a group of people with common cultural, historic, religious or ethnic heritage, such as monuments of architecture, art or history; archaeological sites; groups of buildings; as well as cemeteries.
Article VII: Rules and Regulations
The Commission shall promulgate such rules and regulations, consistent with this Agreement, as may be necessary to carry out its functions.
Article VIII: Cooperation
Officials and organs of the Parties and their Cantons and Municipalities, and any individual acting under the authority of such official or organ, shall fully cooperate with the Commission, including by providing requested information and other assistance.
Article IX: Transfer
Five years after this Agreement enters into force, the responsibility for the continued operation of the Commission shall transfer from the Parties to the Government of Bosnia and Herzegovina, unless the Parties otherwise agree. In the latter case, the Commission shall continue to operate as provided above.
Article X: Notice
The Parties shall give effective notice of the terms of this Agreement throughout Bosnia and Herzegovina.
Article XI: Entry into Force
This Agreement shall enter into force upon signature.
Economic and Social Development
1995
There was no information available on the setting up of the mentioned public corporations.
1996
On 14 March 1996, the High Representative for the implementation of the civilian aspect of the Dayton Accord submitted his first report to the Secretary of the U.N. In the report, he mentioned that all parties had nominated representatives to the Commission on Public Corporations.
In a June Office of the High Representative (OHR) Bulletin, it was reported that the EBRD decided to establish its representative office in Sarajevo to closely follow progress in the work of the Commission on Public Corporations.2
- “OHR Bulletin 6 – 11 June 1996,” Office of the High Representative (OHR), 1996, accessed April 28, 2011, http://www.ohr.int/ohr-dept/presso/chronology/bulletins/default.asp?cont… The chairperson position of the commission was held by EBRD.
As of September 1996, the Commission on Public Corporation had held five sessions and set up two working groups, on electricity and railways. According to a report, “The task of the working groups is to identify problems that ought to be solved within the framework of a public commission. The public commission in question would be the regulating agency for respective companies from both entities addressing issues such as tariffs and norms.”1“3rd Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1996, accessed April 28, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3666.
1997
In early February of 1997, “the Commission for Public Corporations established a Railways Commission and four Working Groups to address the different aspects of the problem. Progress has however floundered on the differing concepts of the railways structure.” According to the report of High Representative to the UN Secretary General, the Commission on Public Corporations had not reached any agreement on possible institutional structures for joint public facilities. Also, “the Commission has refused to give any guidance to the technical working groups which have been created to examine specific operational problems in some areas.”1
Because the Commission on Public Corporations did not help technical working groups, the High Representative’s legal office issued a legal opinion on the status of public corporations. Following this, the Commission on Public Corporations agreed that railway inter-entity traffic be promptly re-established. It was reported that the commission was set to examine the energy sector, and the working group would work on creating a body between the two entities in order to increase coordination and devise a joint policy in the field.2 As of December 1997, there were no functioning public corporations in Bosnia.
- “5th Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1997, accessed April 28, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3668.
- “7th Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1997, accessed April 28, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3670.
1998
In his 8th report to the U.N. Secretary General, the High Representative said that the establishment of the Transportation Corporation was dead in paper. It was said that the OHR called upon the authorities of both entities to implement the recommendation on railroads by 31 March 1998 and urged entities to establish their joint corporations. In this regard, the OHR was very much involved.1
By the end of March 1998, however, a consensus was reached in creating a joint railway public corporation. In a meeting held on 19 March, railway experts from both entities suggested that trains could run in a major part of the network, despite some technical difficulties.2 Finally on April 6, the Bosnia and Herzegovina (BiH) Railway Public Corporation was established by the Prime Ministers of both Entities.4
It was reported that the Commission met on 6 July 1998, in the presence of the ministers of energy of both the Federation and the RS, to discuss the possible creation of a Public Corporation for electric power transmission.5
The three existing Elektoprivedas signed an agreement to establish a Joint Power Coordination Center for the transmission of electric power, effective on 3 November 1998, and reached agreement on the successive implementation phases.6
- “8th Report of the High Representative for Implementation of the Bosnian Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), accessed April 28, 2011.
- “OHR Bulletin 68 – 28 March 1998,” Office of the High Representative (OHR), accessed April 28, 2011.
- “OHR: Economic Newsletter, Vol. 1, No. 2, April 1998,” Office of the High Representative (OHR), 1998, accessed April 28, 2011, http://www.ohr.int/ohr-dept/econ/newsletter/default.asp?content_id=5766….
In the telecommunication sector, the High Representative decided to impose the telecommunication law of BiH. The representative was said to monitor the situation, and would take whatever actions necessary to ensure full cooperation between three operators. It was expected that the relevant parties would reach an agreement on a Framework Memorandum of Understanding concerning the reorganization of the telecommunication sector.3“Decision imposing the Telecommunications Law of BiH,” Office of the High Representative (OHR), 1998, accessed April 28, 2011, http://www.ohr.int/decisions/econdec/default.asp?content_id=22.
- “11th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1998, accessed April 29, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3674.
- “12th Report of the High Representative for Implementation of the Peace Agreement to the Secretary-General of the United Nations,” Office of the High Representative (OHR), 1999, accessed April 29, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3675.
1999
On July 30, 1999, the High Representative made a decision on the restructuring of the public Broadcasting system in BiH and on freedom of information and the decriminalization of libel and defamation.1 As of 1999, the railway and electricity corporations were functioning well.
- “Decisions on the restructuring of the Public Broadcasting System in BiH and on freedom of information and decriminalization of libel and defamation,” Office of the High Representative (OHR), 1999, accessed April 28, 2011, http://www.ohr.int/decisions/mediadec/default.asp?content_id=98.
2000
The Commission on Public Corporations (CPC) met on 14 February 2000 to consider and approve the agreement establishing a Joint Road Infrastructure Public Corporation for BiH. In the meeting, Working Groups on Public Corporation on Posts, Public Corporation for the Gas Sector, and Public Corporation for Ports presented progress reports.2
- “Meeting of the Commission on Public Corporations (CPC), February 2000,” Office of the High Representative (OHR), 2000, accessed April 29, 2011, http://www.ohr.int/ohr-dept/econ/cpc/meetings/default.asp?content_id=537…
In October 2000, it was reported that the CPC had recommended the establishment of three further joint public corporations — for natural gas transmission, broadcasting transmission infrastructure (TRANSCO), and power transmission. Additional proposals under investigation included posts, ports, and waterways.1“17th Report by the High Representative for Implementation of the Peace Agreement to The Secretary-General of the United Nations,” Office of the High Representative (OHR), 2000, accessed April 29, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=3659.
2001
The five-member CPC met on 17 April 2001 after a five-month hiatus and agreed to move forward with work on the analysis and design of new public corporations in the fields of gas transportation, power transmission, radio transmission infrastructure, and posts.1
- “19th Report by the High Representative for Implementation of the Peace Agreement to The Secretary-General of the United Nations,” Office of the High Representative (OHR), 2001, accessed April 29, 2011, http://www.ohr.int/other-doc/hr-reports/default.asp?content_id=5126.
2002
By 2002, as mandated by Annex 9 of the General Framework Agreement, public corporations were established. Along with establishing public corporations, privatization was also initiated. Also, a $5 billion priority reconstruction plan (World Bank as lead) was implemented.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 9 AGREEMENT ON ESTABLISHMENT OF BOSNIA AND HERZEGOVINA PUBLIC CORPORATIONS
Bearing in mind that reconstruction of the infrastructure and the functioning of transportation and other facilities are important for the economic resurgence of Bosnia and Herzegovina, and for the smooth functioning of its institutions and the organizations involved in implementation of the peace settlement, the Federation of Bosnia and Herzegovina and the Republika Srpska (the “Parties”) have agreed as follows:
Article I: Commission on Public Corporations
1. The Parties hereby establish a Commission on Public Corporations (the “Commission”) to examine establishing Bosnia and Herzegovina Public Corporations to operate joint public facilities, such as for the operation of utility, energy, postal and communication facilities, for the benefit of both Entities.
2. The Commission shall have five Members. Within fifteen days after this Agreement enters into force, the Federation of Bosnia and Herzegovina shall appoint two Members, and the Republika Srpska one Member. Persons appointed must be familiar with the specific economic, political and legal characteristics Bosnia and Herzegovina and be of high recognized moral standing. Recognizing that the Commission will benefit from international expertise, the Parties request the President of the European Bank for Reconstruction and Development to appoint the remaining two Members and to designate one as the Chairman.
3. The Commission shall in particular examine the appropriate internal structure for such Corporations, the conditions necessary to ensure their successful, permanent operation, and the best means of procuring long-term investment capital.
Article II: Establishment of a Transportation Corporation
1. The Parties, recognizing an immediate need to establish a Public Corporation to organize and operate transportation facilities, such as roads, railways and ports, for their mutual benefit, hereby establish a Bosnia and Herzegovina Transportation Corporation (the “Transportation Corporation”) for such purpose.
2. The Transportation Corporation shall have its headquarters in Sarajevo and may have offices at other locations as it deems appropriate. It shall have appropriate facilities and choose a professionally competent Board of Directors, Officers and Staff, generally representative of the ethnic groups comprising Bosnia and Herzegovina, to carry out its functions. The Commission shall choose the Board of Directors, which shall in turn appoint the Officers and select the Staff.
3. The Transportation Corporation is authorized to construct, acquire, hold, maintain and operate and dispose of real and personal property in accordance with specific plans that it develops. It is also authorized to fix and collect rates, fees, rentals and other charges for the use of facilities it operates; enter into all contracts and agreements necessary for the performance of its functions; and take other actions necessary to carry out these functions.
4. The Transportation Corporation shall operate transportation facilities as agreed by the Parties. The Parties shall, as part of their agreement, provide the Corporation with necessary legal authority. The Parties shall meet within fifteen days after this Agreement enters into force to consider which facilities the Corporation will operate.
5. Within thirty days after this Agreement enters into force, the Parties shall agree on sums of money to be contributed to the Transportation Corporation for its initial operating budget. The Parties may at any time transfer to the Transportation Corporation additional funds or facilities that belong to them and the rights thereto. The Parties shall decide the means by which the Transportation Corporation will be authorized to raise additional capital.
Article III: Other Public Corporations
The Parties may decide, upon recommendation of the Commission, to use establishment of the Transportation Corporation as a model for the establishment of other joint public corporations, such as for the operation of utility, energy, postal and communication facilities.
Article IV: Cooperation
The Commission, the Transportation Corporation and other Public Corporations shall cooperate fully with all organizations involved in implementation of the peace settlement, or which are otherwise authorized by the United Nations Security Council, including the International Tribunal for the Former Yugoslavia.
Article V: Ethics
Members of the Commission and Directors of the Transportation Corporation may not have an employment or financial relationship with any enterprise that has, or is seeking, a contract or agreement with the Commission or the Corporation, respectively, or otherwise has interests that can be directly affected by its actions or inactions.
Article VI: Entry into Force
This Agreement shall enter into force upon signature.
Detailed Implementation Timeline
1995
No information available.
1996
The deployment of the Implementation Force (IFOR) and the UN mission generally fell within the timeline; other provisions were delayed.
1997
The deployment of the Implementation Force (IFOR) and the UN mission generally fell within the timeline; other provisions were delayed.
1998
The deployment of the Implementation Force (IFOR) and the UN mission generally fell within the timeline; other provisions were delayed.
1999
The deployment of the Implementation Force (IFOR) and the UN mission generally fell within the timeline; other provisions were delayed.
2000
The deployment of the Implementation Force (IFOR) and the UN mission generally fell within the timeline; other provisions were delayed.
2001
The deployment of the Implementation Force (IFOR) and the UN mission generally fell within the timeline; other provisions were delayed.
2002
The holding of post-conflict elections and the deployment of the Implementation Force (IFOR) and the UN mission generally fell within the timeline; other provisions were delayed.
2003
The holding of post-conflict elections and the deployment of the Implementation Force (IFOR) and the UN mission generally fell within the timeline; other provisions were delayed.
2004
The holding of post-conflict elections and the deployment of the Implementation Force (IFOR) and the UN mission generally fell within the timeline; other provisions were delayed.
2005
The holding of post-conflict elections and the deployment of the Implementation Force (IFOR) and the UN mission generally fell within the timeline; other provisions were delayed.
The Framework includes measures that should be carried out within a specified number of days, usually 30, 45, 60, 90, 120 or 180 days.
Verification/Monitoring Mechanism
1995
On 8 December 1995, Carl Bildt was appointed as the “High Representative” in charge of coordinating the civilian implementation of the Peace Agreement in Bosnia. He was appointed unanimously by representatives of more than 40 nations at a two-day peace implementation conference in London.1 Annex 10 of the civilian implementation of the Peace Agreement gave the High Representative authority to monitor the implementation of the Peace Agreement and, additionally, to mobilize, give guidance to, and coordinate the activities of the civilian organizations and agencies involved. The appointment of Carl Bildt was endorsed by the Security Council.2
- “Bildt to Lead Rebuilding of Bosnia,” United Press International, December 8, 1995.
- “Annex, para. 18,” U.N. Security Council (S/1995/1029), December 12, 1995.
1996
The High Representative’s office, immediately after the appointment of the representative, established a human rights task force to coordinate civilian human rights work in Bosnia. However, there was concern that the civilian implementation team moved too slow. The establishment of formal structures – committees, commissions, and human rights chambers – in itself would not bring about the successful implementation of the civilian aspect of the accord. These civilian structures would not be effective unless the former rival groups were determined to build a lasting peace.1
The Dayton Accord was on the verge of collapse due to the efforts of accused Bosnian Serb war criminals to block the peace process. It was said that three Muslims were killed while trying to return to visit their former homes in Serb-held territory. Officials involved in the civilian aspect of the peace implementation were concerned about each party’s commitment to supporting the peace process.2
In June 1996, the Office of the High Representative (OHR) for the civilian implementation of the Peace Accord and the Vienna-based organization for Security and Cooperation in Europe started to raise funds to set up an independent radio and television network in Sarajevo to counter TV and radio stations that were feeding Serb propaganda.3
“As the situation on the ground improved, IFOR began providing support to organizations involved in overseeing the implementation of the civilian aspects of the Dayton Peace Agreement, including the Office of the High Representative, the Organization for Security and Co-operation in Europe and the United Nations” (NATO).4 Once post-conflict elections were completed in September 1996, IFOR’s goals were realized in Bosnia and Herzegovina. Because the situation was still unstable, NATO agreed to deploy a new Stabilization Force (SFOR) in December 1996. The SFOR provided support to the civilian aspect of peace implementation.5
- “Keeping Bosnia in One Peace; The Military Mission is Going Well, It’s the Civilian Reforms That Need Help,” The Washington Post, March 31, 1996.
- “Bosnia Peace Officials Sound Warning Over Crumbling Accords,” Agence France Presse, May 2, 1996.
- “In Bosnia, Propaganda is the News,” Charleston Gazette (West Virginia), June 9, 1996.
- “Peace support operations in Bosnia and Herzegovina,” North Atlantic Treaty Organization (NATO), accessed April 19, 2011, http://www.nato.int/cps/en/natolive/topics_52122.htm.
- “NATO Statement on Bosnia and Herzegovina,” M2 PRESSWIRE, December 10, 1996.
1997
In June, Carl Bildt was succeeded by Carlos Westendrop from Spain as High Representative to Bosnia and Herzegovina. The UN Security Council endorsed this appointment.1 It was reported that in the last week of December 1997, the UN High Representative, responsible for the civilian implementation of the accord, was given additional powers known as Bonn power, which gave the HR the power to impose legislation and sack obstructionist officials.2 Similarly, on 16 December 1997, the OHR made a decision to impose the Law on Citizenship of Bosnia and Herzegovina.3“Decision imposing the Law on Citizenship of BiH,” Office of the High Representative and EU’s Special Representative, 1997, accessed April 26, 2011, http://www.ohr.int/decisions/statemattersdec/default.asp?content_id=343….
- “UN Endorses Designation of New Bosnia High Represensative,” Xinhua News Agency, June 12, 1997.
- “Rough Times Ahead: Colonel E D Doyle Analyses the Military Situation in Bosnia,” The Irish Times, December 30, 1997.
1998
In 1998, the Office of the High Representative, which was responsible for the implementation of the civilian aspect of the peace process, made some progress. The OHR made 29 different decisions on issues related to state symbols, state-level matters, and constitutional issues, as well as decisions on the removal and suspension of elected officials from public office.1
1999
The Office of High Representative made ninety decisions on issues related to the removal and suspension of elected officials from public office, property laws, the return of displaced persons and refugees, and reconciliation. The OHR also made decisions relating to state symbols, state-level matters, and constitutional issues.1 In August 16, 1999, Wolfgang Petritsch took up the position of the High Representative.2
- “Decision imposing the Law on Citizenship of BiH.”
- “Key Events Since Dayton,” Office of the High Representative and EU’s Special Representative, accessed April 26, 2011, http://www.ohr.int/ohr-info/key-events/default.asp?content_id=35971.
2000
The civilian aspect of peace implementation continued to be the priority, and the Office of the High Representative made 86 decisions on issues related to the removal and suspension of elected officials from public office, property laws, the return of displaced persons and refugees, and reconciliation, as well as decisions relating to state symbols, state-level matters, and constitutional issues.1
2001
The civilian aspect of peace implementation continued to be the priority, and the OHR made 86 decisions on issues related to the removal and suspension of elected officials from public office, property laws, the return of displaced persons and refugees, and reconciliation, as well as decisions relating to state symbols, state-level matters, and constitutional issues.1 Many decisions were related to internally displace persons (IDPs) and refugees.
2002
The Office of the High Representative made 153 decisions on issues related to the removal and suspension of elected officials from public office, property laws, the return of displaced persons and refugees, and reconciliation, as well as decisions relating to state symbols, state-level matters, and constitutional issues.1 Many decisions were related to IDPs and refugees. On 27 May 2002, Paddy Ashdown became the High Representative.2
2003
The OHR made 96 decisions on issues related to the removal and suspension of elected officials from public office, property laws, the return of displaced persons and refugees, and reconciliation, as well as decisions relating to state symbols, state-level matters, and constitutional issues.1 Many decisions were related to IDPs and refugees.
2004
The Office of the High Representative made 158 decisions on issues related to the removal and suspension of elected officials from public office, property laws, the return of displaced persons and refugees, and reconciliation, as well as decisions relating to state symbols, state-level matters, and constitutional issues.1 Many decisions were related to IDPs and refugees.
2005
The OHR made 91 decisions on issues related to the removal and suspension of elected officials from public office, property laws, the return of displaced persons and refugees, and reconciliation, as well as decisions relating to state symbols, state-level matters, and constitutional issues.1 Many decisions were related to IDPs and refugees. Ten years after beginning the peace process, the Office of the High Representative for the civilian implementation of the peace process was still in operation in Bosnia and Herzegovina.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 10
Agreement on Civilian Implementation
The Republic of Bosnia and Herzegovina, the Republic of Croatia, the Federal Republic of Yugoslavia, the Federation of Bosnia and Herzegovina, and the Republika Srpska (the “Parties”) have agreed as follows:
Article I: High Representative
3. The Parties agree that the implementation of the civilian aspects of the peace settlement will entail a wide range of activities including continuation of the humanitarian aid effort for as long as necessary; rehabilitation of infrastructure and economic reconstruction; the establishment of political and constitutional institutions in Bosnia and Herzegovina; promotion of respect for human rights and the return of displaced persons and refugees; and the holding of free and fair elections according to the timetable in Annex 3 to the General Framework Agreement. A considerable number of international organizations and agencies will be called upon to assist.
4. In view of the complexities facing them, the Parties request the designation of a High Representative, to be appointed consistent with relevant United Nations Security Council resolutions, to facilitate the Parties’ own efforts and to mobilize and, as appropriate, coordinate the activities of the organizations and agencies involved in the civilian aspects of the peace settlement by carrying out, as entrusted by a U.N. Security Council resolution, the tasks set out below.
Article II: Mandate and Methods of Coordination and Liaison
1. The High Representative shall:
a. Monitor the implementation of the peace settlement;
b. Maintain close contact with the Parties to promote their full compliance with all civilian aspects of the peace settlement and a high level of cooperation between them and the organizations and agencies participating in those aspects.
c. Coordinate the activities of the civilian organizations and agencies in Bosnia and Herzegovina to ensure the efficient implementation of the civilian aspects of the peace settlement. The High Representative shall respect their autonomy within their spheres of operation while as necessary giving general guidance to them about the impact of their activities on the implementation of the peace settlement. The civilian organizations and agencies are requested to assist the High Representative in the execution of his or her responsibilities by providing all information relevant to their operations in Bosnia- Herzegovina.
d. Facilitate, as the High Representative judges necessary, the resolution of any difficulties arising in connection with civilian implementation.
e. Participate in meetings of donor organizations, particularly on issues of rehabilitation and reconstruction.
f. Report periodically on progress in implementation of the peace agreement concerning the tasks set forth in this Agreement to the United Nations, European Union, United States, Russian Federation, and other interested governments, parties, and organizations.
g. Provide guidance to, and receive reports from, the Commissioner of the International Police Task Force established in Annex 11 to the General Framework Agreement.
2. In pursuit of his or her mandate, the High Representative shall convene and chair a commission (the “Joint Civilian Commission”) in Bosnia and Herzegovina. It will comprise senior political representatives of the Parties, the IFOR Commander or his representative, and representatives of those civilian organizations and agencies the High Representative deems necessary.
3. The High Representative shall, as necessary, establish subordinate Joint Civilian Commissions at local levels in Bosnia and Herzegovina.
4. A Joint Consultative Committee will meet from time to time or as agreed between the High Representative and the IFOR Commander.
5. The High Representative or his designated representative shall remain in close contact with the IFOR Commander or his designated representatives and establish appropriate liaison arrangements with the IFOR Commander to facilitate the discharge of their respective responsibilities.
6. The High Representative shall exchange information and maintain liaison on a regular basis with IFOR, as agreed with the IFOR Commander, and through the commissions described in this Article.
7. The High Representative shall attend or be represented at meetings of the Joint Military Commission and offer advice particularly on matters of a political-military nature. Representatives of the High Representative will also attend subordinate commissions of the Joint Military Commission as set out in Article VIII(8) of Annex 1A to the General Framework Agreement.
8. The High Representative may also establish other civilian commissions within or outside Bosnia and Herzegovina to facilitate the execution of his or her mandate.
9. The High Representative shall have no authority over the IFOR and shall not in any way interfere in the conduct of military operations or the IFOR chain of command.
Article V: Final Authority to Interpret
The High Representative is the final authority in theater regarding interpretation of this Agreement on the civilian implementation of the peace settlement.
Article VI: Entry into Force
This Agreement shall enter into force upon signature.
International Arbitration
1995
The Dayton Accord required the parties to select a third-party within 30-days of the signing of the accord. Annex 2 of the Dayton Accord called for a Tribunal decision “no later than one year from the entry into force” of the agreement — i.e., by 14 December 1996. Parties failed to reach an agreement on a third-party arbitrator within the required time of 30-days.1“Brcko Arbitral Tribunal for Dispute Over the Inter-Entity Boundary in Brcko Area Award,” Office of the High Representative and EU Special Representative, 1997, accessed April 26, 2011. http://www.ohr.int/ohr-offices/brcko/default.asp?content_id=5327#_ftn3.[… The tribunal was set up to decide on the issue of the Brcko area. At the time of the agreement, the RS controlled some 48% and the Federation controlled some 52% of the area.
1996
As parties failed to reach an agreement on the arbitrator, the President of the International Court of Justice (ICJ) appointed Roberts B. Owen on 15 July 1996, as the third-party arbitrator and presiding officer of the Tribunal. After his appointment, Mr. Owen called for a preliminary conference to be held in Sarajevo on 7 August 1996. The purpose of the preliminary conference was to decide on procedural issues, including the scheduling of future proceedings. The conference took place as scheduled. There was no one representing the Republic of Srpska. The procedural rules required the entities to submit and respond to the first and second statements of each party. However, the Arbitration Commission did not receive a written statement from the Republic of Srpska. Later on, the deadline for the RS’s submission of papers was extended to 22 November at the request of the RS counsel. On 27 November 1996, both sides consented to extend the date of the Tribunal to 15 February 1997.1
1997
The Tribunal’s hearing started on 8 January 1997 in Rome. All arbitrators were present in the hearing, which lasted nine days. The hearing included opening statements by the counsel, testimony by 19 witnesses (eight called by the Federation, nine by the RS, and two by the Tribunal itself), and closing arguments. The Tribunal conducted its deliberation in Washington D.C. following the Rome hearing, but arbitrators representing the Federation and the RS refused to sign the award.1
The award called for the implementation of the Dayton Accord or the establishment of an interim supervisory regime in the contested territory in order to allow former Brcko residents to return to their home, to provide freedom of movement and other human rights throughout the area, and to lay the foundation for local representative democratic government, among other provisions. Neither party signed the award. The arbitration was postponed until March 1997. In March 1997, the area was awarded to the Serbs depending upon their level of cooperation with the international administrator for Brcko area in the future. Nevertheless, the final deliberation still was not made. In June 1997, the size of the International Police Task Force was increased from 1,721 to 2,027 in accordance with Security Council Resolution 1103 (1997) of 31 March 1997, relating to the implementation of the Brcko arbitration award as well as other requirements.2
- “Brcko Arbitral Tribunal for Dispute Over the Inter-Entity Boundary in Brcko Area Award.”
- “NATO: Report of the Secretary-General on the United Nations mission in Bosnia & Herzegovina (UNMIBH),” M2 PRESSWIRE, June 20, 1997.
1998
No further information was available except for the holding of local elections.
1999
On 5 March 1999, the Brcko arbitration tribunal decided to create the Brcko district of Bosnia and Herzegovina to be held in condominium by both entities. The UN Secretary General lauded the decision.1 The United States called the decision a “right one” and asked both parties not to obstruct implementation. If one of them should obstruct the implementation of the award the arbitration panel could award the Brcko area to the other.2
- “U.N. Chief Lauds Decision to Set Up Brcko District in Bosnia,” Xinhua News Agency, March 5, 1999.
- “US calls Bosnia decision on Serb-held area ‘right one’,” Agence France Presse, March 5, 1999.
2000
The arbitration tribunal had been established as provisioned in the accord and delivered its final verdict in 1999. The whole process, however, was delayed and the deliberation did not come as agreed in the original agreement.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 5
Agreement on Arbitration
The Federation of Bosnia and Herzegovina and the Republika Srpska agree to honor the following obligations as set forth in the Agreed Basic Principles adopted at Geneva on September 8, 1995, by the Republic of Bosnia and Herzegovina, the Republic of Croatia, and the Federal Republic of Yugoslavia, the latter representing also the Republika Srpska:
Paragraph 2.4. “The two entities will enter into reciprocal commitments. . .(c) to engage in binding arbitration to resolve disputes between them.”
Paragraph 3. “The entities have agreed in principle to the following:… 3.5 The design and implementation of a system of arbitration for the solution of disputes between the two entities.”
UN Peacekeeping Force
1995
On 15 December 1995, UN Security Council authorized the deployment of the NATO-led Implementation Force (IFOR) in Resolution 1031.1 IFOR was deployed in Bosnia and Herzegovina (BiH) in December 1995 with a one-year mandate. The resolution authorized a deployment of 60,000 troops in Bosnia and Herzegovina to implement peace.2 Eighteen non-NATO countries, including Russia, former members of the Warsaw Pact, and the Arab League, contributed troops to the IFOR.3 This gave it a mandate not just to maintain peace, but also, where necessary, to enforce it. The main aim of IFOR was to oversee the implementation of the military aspects of the Dayton Accord. Its main task was to guarantee the end of hostilities and separate the fighting forces of the Bosnian Serbs, Bosnian Croats, and Bosnian Muslims.4
As mandated in the Dayton Accord, the mandate of the United Nations Protection Force (UNPROFOR) was terminated on 20 December 1995, leading to the deployment of IFOR. UN Security Council Resolution 1035 of 21 December 1995 transferred the peacekeeping mandate from the UN to the NATO-led IFOR.
- Report of the Secretary-General Pursuant to Security Council Resolution 1026, U.N. Security Council (S/1995/1031), December 13, 1995.
- SFOR Fact Sheet – SFOR Restructuring, Stabilization Force (SFOR), 2004, accessed April 19, 2011, http://www.nato.int/sfor/factsheet/restruct/t040121a.htm.
- Lawrence Kaplan, NATO Divided, NATO United: The Evolution of an Alliance, (Westport, CT: Praeger, 2004), 121.
- Peace support operations in Bosnia and Herzegovina, North Atlantic Treaty Organization (NATO), accessed April 19, 2011, http://www.nato.int/cps/en/natolive/topics_52122.htm.
1996
Once IFOR was deployed on the ground, it “oversaw the transfer of territory between the Federation of Bosnia and Herzegovina and Republika Srpska, the demarcation of the inter-entity boundary, and the removal of heavy weapons into approved containment sites. “As the situation on the ground improved, IFOR began providing support to organizations involved in overseeing the implementation of the civilian aspects of the Dayton Peace Agreement, including the Office of the High Representative, the Organization for Security and Co-operation in Europe and the United Nations.”1 Once post-conflict elections were completed in September 1996, IFOR’s goals were realized in Bosnia and Herzegovina. Because the situation was still unstable, NATO agreed to deploy a new Stabilization Force (SFOR) in December 1996. SFOR operated under Chapter VII of the UN Charter, deriving its authority from the UN Security Council Resolution 1088 of 12 December 1996. The main aim of SFOR was to contribute to a safe and secure environment for the post-conflict reconstruction.
1997
SFOR was a multinational task force engaged in various activities, including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, and contributing to reconstruction.1 Throughout the year, SFOR was engaged in these various activities. SFOR originally was comprised of 31,000 troops.2
1998
SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, and contributing to reconstruction.1 Throughout the year, SFOR was engaged in these various activities.
1999
SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, and contributing to reconstruction.1 Throughout the year, SFOR was engaged in these various activities.
2000
SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, and contributing to reconstruction.1 Throughout the year, SFOR was engaged in these various activities.
2001
SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, mine clearance, and contributing to reconstruction.1 Throughout the year, SFOR was engaged in these various activities. By early 2001, it had been reduced to 19,000 troops.2
2002
SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, mine clearance, and contributing to reconstruction.1 Throughout the year, SFOR was engaged in these various activities. In spring of 2002, the decision was made to reduce troops to 12,000 by the end of the year.2
2003
SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, mine clearance, and contributing to reconstruction.1 Throughout the year, SFOR was engaged in these various activities.
2004
SFOR was a multinational task force engaged in various activities including providing security and keeping peace, reforming defense establishments, arresting war-crime suspects, mine clearance, and contributing to reconstruction.1 Throughout the year, SFOR was engaged in these various activities. By 2004, SFOR had 7,000 troops on the ground.2 On 2 December 2004, the European Union (EU) launched the EU-led military operation EUFOR replacing SFOR. The operation was a part of the Common Security and Defence Policy in support of BiH. The operation was recognized as the legal successor of SFOR. EUFOR deployed 7,000 troops with the aim of contributing to a safe and secure environment, reducing conditions that would lead to the resumption of violence, and managing any residual aspects of the General Framework Agreement for Peace in BiH.3“EUFOR Fact Sheet,” EUFOR, accessed April 19, 2011, http://www.euforbih.org/index.php?option=com_content&view=article&id=15&…
2005
EUFOR was deployed in BiH. Its mandate was extended by UN Security Council Resolution 1948 (2010) to November 2011. As of mid-2011, about 1,600 EUFOR troops from 21 EU member states and 5 non-EU nations were on the ground.1
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 1-A
Article VI: Deployment of the Implementation Force
1. Recognizing the need to provide for the effective implementation of the provisions of this Annex, and to ensure compliance, the United Nations Security Council is invited to authorize Member States or regional organizations and arrangements to establish the IFOR acting under Chapter VII of the United Nations Charter. The Parties understand and agree that this Implementation Force may be composed of ground, air and maritime units from NATO and non-NATO nations, deployed to Bosnia and Herzegovina to help ensure compliance with th eprovisions of this Annex. The Parties understand and agree that the IFOR shall have the right to deploy on either side of the Inter-Entity Boundary Line and throughout Bosnia and Herzegovina.
2. The Parties understand and agree that the IFOR shall have the right:
a. to monitor and help ensure compliance by all Parties with this Annex (including, in particular, withdrawal and redeployment of Forces within agreed periods, and the establishment of Zones of Separation);
b. to authorize and supervise the selective marking of the Agreed Cease-Fire Line and its Zone of Separation and the Inter-Entity Boundary Line and its Zone of Separation as established by the General Framework Agreement;
c. to establish liaison arrangements with local civilian and military authorities and other international organizations as necessary for the accomplishment of its mission; and
d. to assist in the withdrawal of UN Peace Forces not transferred to the IFOR, including, if necessary, the emergency withdrawal of UNCRO Forces.
3. The Parties understand and agree that the IFOR shall have the right to fulfill its supporting tasks, within the limits of its assigned principal tasks and available resources, and on request, which include the following:
a. to help create secure conditions for the conduct by others of other tasks associated with the peace settlement, including free and fair elections;
b. to assist the movement of organizations in the accomplishment of humanitarian missions;
c. to assist the UNHCR and other international organizations in their humanitarian missions;
d. to observe and prevent interference with the movement of civilian populations, refugees, and displaced persons, and to respond appropriately to deliberate violence to life and person; and,
e. to monitor the clearing of minefields and obstacles.
4. The Parties understand and agree that further directives from the NAC may establish additional duties and responsibilities for the IFOR in implementing this Annex.
5. The Parties understand and agree that the IFOR Commander shall have the authority, without interference or permission of any Party, to do all that the Commander judges necessary and proper, including the use of military force, to protect the IFOR and to carry out the responsibilities listed above in paragraphs 2, 3 and 4, and they shall comply in all respects with the IFOR requirements.
6. The Parties understand and agree that in carrying out its responsibilities, the IFOR shall have the unimpeded right to observe, monitor, and inspect any Forces, facility or activity in Bosnia and Herzegovina that the IFOR believes may have military capability. The refusal, interference, or denial by any Party shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance with this Annex.
7. The Army of the Republic of Bosnia and Herzegovina, the Croat Defense Council Forces, and the Army of Republika Srpska shall establish Command Posts at IFOR brigade, battalion, or other levels which shall be co-located with specific IFOR command Vocations, as determined by the IFOR Commander. These Command Posts shall exercise command and control over all Forces of their respective sides which are located within ten (10) kilometers of the Agreed Cease-Fire Line or Inter-Entity Boundary Line, as specified by the IFOR. The Command Posts shall provide, at the request of the IFOR, timely status reports on organizations and troop levels in their areas.
8. In addition to co-located Command Posts, the Army of the Republic of Bosnia and Herzegovina, the Croat Defense Council Forces, and the Army of Republika Srpska shall maintain liaison teams to be co-located with the IFOR Command, as determined by the IFOR Commander, for the purpose of fostering communication, and preserving the overall cessation of hostilities.
9. Air and surface movements in Bosnia and Herzegovina shall be governed by the following provisions:
a. The IFOR shall have complete and unimpeded freedom of movement by ground, air, and water throughout Bosnia and Herzegovina. It shall have the right to bivouac, maneuver, billet, and utilize any areas or facilities to carry out its responsibilities as required for its support, training, and operations, with such advance notice as may be practicable. The IFOR and its personnel shall not be liable for any damages to civilian or government property caused by combat or combat related activities. Roadblocks, checkpoints or other impediments to IFOR freedom of movement shall constitute a breach of this Annex and the violating Party shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance with this Annex.
b. The IFOR Commander shall have sole authority to establish rules and procedures governing command and control of airspace over Bosnia and Herzegovina to enable civilian air traffic and non-combat air activities by the military or civilian authorities in Bosnia and Herzegovina, or if necessary to terminate civilian air traffic and non-combat air activities.
(1.) The Parties understand and agree there shall be no military air traffic, or non-military aircraft performing military missions, including reconnaissance or logistics, without the express permission of the IFOR Commander. The only military aircraft that may be authorized to fly in Bosnia and Herzegovina are those being flown in support of the IFOR, except with the express permission of the IFOR. Any flight activities by military fixed-wing or helicopter aircraft within Bosnia and Herzegovina without the express permission of the IFOR Commander are subject to military action by the IFOR, including the use of necessary force to ensure compliance.
(2.) All air early warning, air defense, or fire control radars shall be shut down within 72 hours after this Annex enters into force, and shall remain inactive unless authorized by the IFOR Commander. Any use of air traffic, air early warning, air defense or fire control radars not authorized by the IFOR Commander shall constitute a breach of this Annex and the violating Party shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance.
(3.) The Parties understand and agree that the IFOR Commander will implement the transfer to civilian control of air space over Bosnia and Herzegovina to the appropriate institutions of Bosnia and Herzegovina in a gradual fashion consistent with the objective of the IFOR to ensure smooth and safe operation of an air traffic system upon IFOR departure.
c.The IFOR Commander is authorized to promulgate appropriate rules for the control and regulation of surface military traffic throughout Bosnia and Herzegovina, including the movement of the Forces of the Parties. The Joint Military Commission referred to in Article VIII may assist in the development and promulgation of rules related to military movement.
10. The IFOR shall have the right to utilize such means and services as required to ensure its full ability to communicate and shall have the right to the unrestricted use of all of the electromagnetic spectrum for this purpose. In implementing this right, the IFOR shall make every reasonable effort to coordinate with and take into account the needs and requirements of the appropriate authorities.
11. All Parties shall accord the IFOR and its personnel the assistance, privileges, and immunities set forth at Appendix B of this Annex, including the unimpeded transit through, to, over and on the territory of all Parties.
12. All Parties shall accord any military elements as referred to in Article I, paragraph l(c) and their personnel the assistance, privileges and immunities referred to in Article VI, paragraph 11.
Article VII: Withdrawal of UNPROFOR
It is noted that as a consequence of the forthcoming introduction of the IFOR into the Republic of Bosnia and Herzegovina, the conditions for the withdrawal of the UNPROFOR established by United Nations Security Council Resolution 743 have been met. It is requested that the United Nations, in consultation with NATO, take all necessary steps to withdraw the UNPROFOR from Bosnia and Herzegovina, except those parts incorporated into the IFOR.
Withdrawal of Troops
1995
The General Framework Agreement required all foreign forces to be withdrawn within 30 days of the signing of the agreement. The Bosnian government agreed to evict some 2,000 foreigners from Iran and Afghanistan fighting with Bosnian Muslim forces.1 Information was not available on whether this provision was implemented. (Reviewer’s Comments: The provision was never fully implemented. Despite pressure from the U.S., a number of Islamist militants remained in Central Bosnia around the towns of Zenica and Tuzla, and in the village of Maoca. Some of the leading figures had been directly linked to organizing events leading to 11 September 2001 (for more on these links see US Congressional hearings regarding the events of September 11). In late 2001, eleven Algerians (former Army BiH soldiers) were arrested by the Government in Sarajevo, handed over to US forces, and incarcerated in Guantanamo. Nonetheless, a fairly small foreign Wahhabi community had remained active in Bosnia and Herzegovina (BiH) up to this point.
However, the Muslim-led Bosnian government and Bosnian Serbs withdrew soldiers and weapons from 38 key points along the cease-fire line. The withdrawal was the first major test of compliance with the peace accord and the first test of NATO’s ability to enforce the agreement.2This complied with the withdrawal requirement of the agreement as mentioned in Phase I of the plan.
- “Price of Bosnia peace increases,” St. Petersburg Times (Florida), December 1, 1995.
- “Bosnia’s warring parties pull back from Sarajevo,” USA TODAY, December 28, 1995.
1996
On 7 February 1996, the US Senate passed Resolution 225 related to Bosnia and Herzegovina, calling for the compliance of Bosnia’s Moslem government to the provision which required the expulsion of all foreign volunteer fighters.1
The withdrawal of Bosnian Serb and Bosnian Croat troops continued from their front-line and bunkers across central and northern Bosnia. The withdrawal came five days before Friday’s deadline (19 January 1996) for the creation of a 4-kilometre buffer zone along the former front lines throughout Bosnia. However, the withdrawal was said to have continued until Friday.2
The situation surrounding the eviction of foreign fighters from Bosnia and Herzegovina was not clear. NATO Secretary General Javier Solana confirmed that fighting groups completed the withdrawal of their forces from the agreed upon cease-fire zone of separation,3 complying with the Phase II withdrawal requirement of the accord. According to a news report, both Bosnian Serbs and Bosnian government forces completed pullback of most of their troops and heavy weapons on 19 January 1996.4 NATO’s 60,000 troops were deployed to enforce peace throughout the country even before foreign fighters withdrew.
- “Congressional Record,” Senate Resolution 225—Relative to Bosnia and Herzegovina (Senate — 7 February 1996), accessed April 16, 2011, http://www.fas.org/irp/congress/1996_cr/s960207a.htm, page S1085.
- “Withdrawal in Bosnia beats treaty deadline,” The Gazette (Montreal, Quebec), January 15, 1996.
- “Bosnia Pullback on Time, But Prisoner Release Lags,” The Washington Post, January 20, 1996.
- “Bosnia Foes Finish Pullback but Fail on P.O.W. Release,” The New York Times, January 20, 1996.
1997
Withdrawal of both Bosnian Serb and Bosnian Croat troops took place. Once withdrawal was completed, IFOR troops were deployed to maintain peace.
1998
No further developments observed.
1999
No further developments observed.
2000
No further developments observed.
2001
No further developments observed.
2002
No further developments observed.
2003
No further developments observed.
2004
No further developments observed.
2005
No further developments observed.
THE GENERAL FRAMEWORK AGREEMENT: ANNEX 1-A
Article III: Withdrawal of Foreign Forces
1. All Forces in Bosnia and Herzegovina as of the date this Annex enters into force which are not of local origin, whether or not they are legally and militarily subordinated to the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, or Republika Srpska, shall be withdrawn together with their equipment from the territory of Bosnia and Herzegovina within thirty (30) days. Furthermore, all Forces that remain on the territory of Bosnia and Herzegovina must act consistently with the territorial integrity, sovereignty, and political independence of Bosnia and Herzegovina. In accordance with Article II, paragraph 1, this paragraph does not apply to UNPROFOR, the International Police Task Force referred to in the General Framework Agreement, the IFOR or other elements referred to in Article I, paragraph 1 (c).
2. In particular, all foreign Forces, including individual advisors, freedom fighters, trainers, volunteers, and personnel from neighboring and other States, shall be withdrawn from the territory of Bosnia and Herzegovina in accordance with Article III, paragraph 1.
Article IV: Redeployment of Forces
1. The Republic of Bosnia and Herzegovina and the Entities shall redeploy their Forces in three phases:
2. Phase I
a. The Parties immediately after this Annex enters into force shall begin promptly and proceed steadily to withdraw all Forces behind a Zone of Separation which shall be established on either side of the Agreed Cease-Fire Line that represents a clear and distinct demarcation between any and all opposing Forces. This withdrawal shall be completed within thirty (30) days after the Transfer of Authority. The precise Agreed Cease-Fire Line and Agreed Cease-Fire Zone of Separation are indicated on the maps at Appendix A of this Annex.
b. The Agreed Cease-Fire Zone of Separation shall extend for a distance of approximately two (2) kilometers on either side of the Agreed Cease-Fire Line. No weapons other than those of the IFOR are permitted in this Agreed Cease-Fire Zone of Separation except as provided herein. No individual may retain or possess any military weapons or explosives within this four kilometer Zone without specific approval of the IFOR. Violators of this provision shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance.
c. In addition to the other provisions of this Annex, the following specific provisions shall also apply to Sarajevo and Gorazde:
Sarajevo
(1.) Within seven (7) days after the Transfer of Authority, the Parties shall transfer and vacate selected positions along the Agreed Cease-Fire Line according to instructions to be issued by the IFOR Commander.
(2.) The Parties shall complete withdrawal from the Agreed Cease-Fire Zone of Separation in Sarajevo within thirty (30) days after the Transfer of Authority, in accordance with Article IV, paragraph 2. The width of this Zone of Separation will be approximately one (l) kilometer on either side of the Agreed Cease-Fire Line. However, this Zone of Separation may be adjusted by the IFOR Commander either to narrow the Zone of SeparationÃto take account of the urban area of Sarajevo or to widen the Zone of Separation up to two (2) kilometers on either side of the Agreed Cease-Fire Line to take account of more open terrain.
(3.) Within the Agreed Cease-Fire Zone of Separation, no individual may retain or possess any weapons or explosives, other than a member of the IFOR or the local police exercising official duties as authorized by the IFOR in accordance with Article IV, paragraph 2(b).
(4.) The Parties understand and agree that violators of subparagraphs (1), (2) and (3) above shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance.
Gorazde
(1.) The Parties understand and agree that a two lane all-weather road will be constructed in the Gorazde Corridor. Until such road construction is complete, the two interim routes will be used by both Entities.
The Grid coordinates for these alternate routes are (Map References: Defense Mapping Agency 1:50,000 Topographic Line Maps, Series M709, Sheets 2782-1, 2782-2, 2782-3, 2782-4, 2881-4, 2882-1, 2882-2, 2882-3, and 2882-4; Military Grid Reference System grid coordinates referenced to World Geodetic System 84 (Horizontal Datum):
Interim Route 1: From Gorazde (34TCP361365), proceed northeast following Highway 5 along the Drina River to the Ustipraca area (34TCP456395). At that point, proceed north on Highway 19-3 through Rogatica (34TCP393515) continuing northwest past Stienice (34TCP294565) to the road intersection at Podromanija (34TCP208652). From this point, proceed west following Highway 19 to where it enters the outskirts of Sarajevo (34TBP950601).
Interim Route 2: From Gorazde (34TCP361365), proceed south following Highway 20. Follow Highway 20 through Ustinkolina (34TCP218281). Continue south following Highway 20 passing Foca along the west bank of the Drina River (34TCP203195) to a point (34TCP175178) where the route turns west following Highway 18. From this point, follow Highway 18 south of Miljevina (34TCP097204) continuing through Trnovo (34TBP942380) north to the outskirts of Sarajevo where it enters the town at Vaskovici (34TBP868533).
There shall be complete freedom of movement along these routes for civilian traffic. The Parties shall only utilize these interim routes for military forces and equipment as authorized by and under the control and direction of the IFOR. In this regard, and in order to reduce the risk to civilian traffic, the IFOR shall have the right to manage movement of military and civilian traffic from both Entities along these routes.
(2.) The Parties understand and agree that violators of subparagraph (1) shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance.
(3.) The Parties pledge as a confidence building measure that they shall not locate any Forces or heavy weapons as defined in paragraph 5 of this Article within two (2) kilometers of the designated interim routes. Where those routes run in or through the designated Zones of Separation, the provisions relating to Zones of Separation in this Annex shall also apply.
d. The Parties immediately after this Annex enters into force shall begin promptly and proceed steadily to complete the following activities within thirty (30) days after the Transfer of Authority or as determined by the IFOR Commander: (1) remove, dismantle or destroy all mines, unexploded ordnance, explosive devices, demolitions, and barbed or razor wire from the Agreed Cease-Fire Zone of Separation or other areas from which their Forces are withdrawn; (2) mark all known mine emplacements, unexploded ordnance, explosive devices and demolitions within Bosnia and Herzegovina; and (3) remove, dismantle or destroy all mines, unexploded ordnance, explosive devices and demolitions as required by the IFOR Commander.
e. The IFOR is authorized to direct that any military personnel, active or reserve, who reside within the Agreed Cease-Fire Zone of Separation register with the appropriate IFOR Command Post referred to in Article VI which is closest to their residence.
3. PHASE II (AS REQUIRED IN SPECIFIC LOCATIONS)
This phase applies to those locations where the Inter-Entity Boundary Line does not follow the Agreed Cease-Fire Line.
a. In those locations in which, pursuant to the General Framework Agreement, areas occupied by one Entity are to be transferred to another Entity, all Forces of the withdrawing Entity shall have forty-five (45) days after the Transfer of Authority to completely vacate and clear this area. This shall include the removal of all Forces as well as the removal, dismantling or destruction of equipment, mines, obstacles, unexploded ordnance, explosive devices, demolitions, and weapons. In those areas being transferred to a different Entity, in order to provide an orderly period of transition, the Entity to which an area is transferred shall not put Forces in this area for ninety (90) days after the Transfer of Authority or as determined by the IFOR Commander. The Parties understand and agree that the IFOR shall have the right to provide the military security for these transferred areas from thirty (30) days after the Transfer of Authority until ninety-one (91) days after the Transfer of Authority, or as soon as possible as determined by the IFOR Commander, when these areas may be occupied by the Forces of the Entity to which they are transferred. Upon occupation by the Entity to which the area is transferred, a new Zone of Separation along the Inter-Entity Boundary Line as indicated on the map at Appendix A shall be established by the IFOR, and the Parties shall observe the same limitations on the presence of Forces and weapons in this Zone as apply to the Agreed Cease-Fire Zone of Separation.
b. The IFOR is authorized to direct that any military personnel, active or reserve, who reside within the Inter-Entity Zone of Separation register with the appropriate IFOR Command Post referred to in Article VI which is closest to their residence.
4. GENERAL. The following provisions apply to Phases I and II:
a. In order to provide visible indication, the IFOR shall supervise the selective marking of the Agreed Cease-Fire Line and its Zone of Separation, and the Inter-Entity Boundary Line and its Zone of Separation. Final authority for placement of such markers shall rest with the IFOR. All Parties understand and agree that the Agreed Cease-Fire Line and its Zone of Separation and the Inter-Entity Boundary Line and its Zone of Separation are defined by the maps and documents agreed to as part of the General Framework Agreement and not the physical location of markers.
b. All Parties understand and agree that they shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance, for:
(1.) failure to remove all their Forces and unauthorized weapons from the four (4) kilometer Agreed Cease-Fire Zone of Separation within thirty (30) days after the Transfer of Authority, as provided in Article IV, paragraph 2(a) and (b) above;
(2.) failure to vacate and clear areas being transferred to another Entity within forty-five (45) days after the Transfer of Authority, as provided in Article IV, paragraph 3(a) above;
(3.) deploying Forces within areas transferred from another Entity earlier than ninety (90) days after the Transfer of Authority or as determined by the IFOR Commander, as provided in Article IV, paragraph 3(a) above;
(4.) failure to keep all Forces and unauthorized weapons outside the Inter-Entity Zone of Separation after this Zone is declared in effect by the IFOR, as provided in Article IV, paragraph 3(a) above; or
(5.) violation of the cessation of hostilities as agreed to by the Parties in Article II.
5. PHASE III
The Parties pledge as confidence building measures that they shall:
a. within 120 days after the Transfer of Authority withdraw all heavy weapons and Forces to cantonment/barracks areas or other locations as designated by the IFOR Commander. “Heavy weapons” refers to all tanks and armored vehicles, all artillery 75 mm and above, all mortars 81 mm and above, and all anti-aircraft weapons 20 mm and above. This movement of these Forces to cantonment/barracks areas is intended to enhance mutual confidence by the Parties in the success of this Annex and help the overall cause of peace in Bosnia and Herzegovina.
b. within 120 days after the Transfer of Authority demobilize Forces which cannot be accommodated in cantonment/barracks areas as provided in subparagraph (a) above. Demobilization shall consist of removing from the possession of these personnel all weapons, including individual weapons, explosive devices, communications equipment, vehicles, and all other military equipment. All personnel belonging to these Forces shall be released from service and shall not engage in any further training or other military activities.
6. Notwithstanding any other provision of this Annex, the Parties understand and agree that the IFOR has the right and is authorized to compel the removal, withdrawal, or relocation of specific Forces and weapons from, and to order the cessation of any activities in, any location in Bosnia and Herzegovina whenever the IFOR determines such Forces, weapons or activities to constitute a threat or potential threat to either the IFOR or its mission, or to another Party. Forces failing to redeploy, withdraw, relocate, or to cease threatening or potentially threatening activities following such a demand by the IFOR shall be subject to military action by the IFOR, including the use of necessary force to ensure compliance, consistent with the terms set forth in Article I, paragraph 3.
The General Framework Agreement: Annex 1b
Agreement on Regional Stabilization
Article II: Confidence- and Security-Building Measures in Bosnia and Herzegovina
Within seven days after this Agreement (hereinafter “Annex”) enters into force, the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, and the Republika Srpska shall at an appropriately high political level commence negotiations under the auspices of the Organization for Security and Cooperation in Europe (hereinafter “OSCE”) to agree upon a series of measures to enhance mutual confidence and reduce the risk of conflict, drawing fully upon the 1994 Vienna Document of the Negotiations on Confidence- and Security-Building Measures of the OSCE. The objective of these negotiations is to agree upon an initial set of measures within forty-five (45) days after this Annex enters into force including, but not necessarily limited to, the following:
d. withdrawal of Forces and heavy weapons to cantonment/barracks areas or other designated locations as provided in Article IV of Annex 1-A…
Please always cite: “Annualized implementation data on comprehensive intrastate peace accords, 1989–2012.” Madhav Joshi, Jason Michael Quinn, and Patrick M. Regan. Journal of Peace Research 52 (2015): 551-562.