Action Plan of the European Union for the Former Yugoslavia (EU Action Plan)

Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Action Plan of the European Union for the Former Yugoslavia (EU Action Plan)
Date
28/02/1994
Agreement status
Unilateral document
Interim arrangement
No
Agreement/conflict level
Interstate/intrastate conflict(s) (Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

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

Bosnia-Herzegovina

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

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.

Balkan Conflicts (1991 - 1995) (1998 - 2001) )
Stage
Pre-negotiation/process (Mixed)
Conflict nature
Government/territory
Peace process
125: Bosnia peace process
Parties
Waiting for full version of document and Owen book to input Parties
Third parties
Description
Waiting for full version of document and Owen book to input Description

Agreement document
BA_940228_ActionPlanOfTheEuropeanUnionForTheFormerYugoslavia.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Rhetorical
Page 4, C. London Conferences, 1. London II
...
Also the Conference should give a mandate to resolve problems of the ex-Yugoslavia which are still unresolved (including definitive status of the Croatian territories under the UNPROFOR mandate, rights of nationalities and national minorities). The degree of autonomy in the areas currently under UNPROFOR mandate should be determined in consideration of the relative size of the Serb communities before the 1991 war. The Carrington proposal retains a great deal of relevance as regards the definition of the different statuses. A broad autonomy in Kosovo also has to be re-established within the framework of the current borders. In Sandjak and in Vojvodina, specific rights must be assured, as foreseen by the Co­-Chairmen of the Steering Committee of ICFY. In this group of three regions, an international presence (for example, ECMM) appears necessary in order to monitor the respect for the rights of ethnic groups and minorities.

Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Substantive
Page 2, I. Humanitarian Aid, A. Implementation of Joint Action
2.1)... The International Community cannot remain indifferent to the plight of the refugees, the displaced persons and the vulnerable populations in Serbia Montenegro. In respecting the resolutions of the Security Council, the European Union does not practice any discrimination with regard to the distribution of humanitarian aid. In this spirit, the Union will intervene to obtain an accelerated and simplified processing of the notifications and requests pertaining to humanitarian aid for Serbia Montenegro.

Page 3, II. Action Plan for a political solution, B. Situation in the Croatian territories under UNPROFOR mandate.
...
- The European Union is ready to actively search for every means to increase humanitarian aid to the Republic of Croatia, as it is fully aware of the burden represented by the presence on its territory of many refugees or displaced persons.
Social class
No specific mention.

Gender

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

State definition

State definition
State configuration
Page 2, II. Action Plan for a political solution, A. A negotiated solution for BiH
1.1 The maintenance of the Union of Republics of Bosnia Herzegovina remains the preference of the European Union

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
No specific mention.
Electoral commission
No specific mention.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 4, C. London Conferences, 1. London II
...
Also the Conference should give a mandate to resolve problems of the ex-Yugoslavia which are still unresolved (including definitive status of the Croatian territories under the UNPROFOR mandate, rights of nationalities and national minorities).
...
A broad autonomy in Kosovo also has to be re-established within the framework of the current borders. In Sandjak and in Vojvodina, specific rights must be assured, as foreseen by the Co­-Chairmen of the Steering Committee of ICFY. In this group of three regions, an international presence (for example, ECMM) appears necessary in order to monitor the respect for the rights of ethnic groups and minorities.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 1, I. Humanitarian Aid, A. Implementation of Joint Action
1) The Presidency has given a first report to the Ministers, following its contacts with UNHCR and UNPROFOR, on the choice of privileged itineraries (see attachment). The choice of the itinerary will be left to the organisations in charge of the delivery of aid in consulatation with UNPROFOR and this in function of the military situation, agreements concluded in the field, the climate and the condition of the routes.

2) Together with Lord Owen, the Presidency endeavours to obtain from the parties firm and precise undertakings, valid at all levels, on the preservation of the privileged itineraries, on the opening and the protection by UNPROFOR of Tuzla airport, as well as on the opening of air corridors. As soon as conditions will allow, the European Union will work for the reconstruction and reopening of the airport in Mostar.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
No specific mention.

Justice sector reform

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

Socio-economic reconstruction

Development or socio-economic reconstruction
Socio-economic development
Page 2, I. Humanitarian Aid, A. Implementation of Joint Action
2.1)At the meeting it will organize in Geneva, the Presidency will put forward the following positions:
- The parties will be held responsible, towards their own population and towards the international community, for the obstacles and impediments that would obstruct the delivery of humanitarian aid. Unauthorized seizures will not be tolerated.
...
In respecting the resolutions of the Security Council, the European Union does not practice any discrimination with regard to the distribution of humanitarian aid. In this spirit, the Union will intervene to obtain an accelerated and simplified processing of the notifications and requests pertaining to humanitarian aid for Serbia Montenegro.



Humanitarian assistance
Page 1, Untitled Preamble
...
This is why the Union, while searching for a global solution to the problems of the former Yugoslavia, is of the opinion that the following priorities are essential:
- the delivery of aid to Bosnia Herzegovina;
...
To this end, the parties to the conflict have to be brought back to the negotiating table, and the joint action regarding the delivery of aid has to be implemented urgently.

Page 1, I. Humanitarian Aid, A. Implementation of Joint Action
1) The Presidency has given a first report to the Ministers, following its contacts with UNHCR and UNPROFOR, on the choice of privileged itineraries (see attachment). The choice of the itinerary will be left to the organisations in charge of the delivery of aid in consultation with UNPROFOR and this in function of the military situation, agreements concluded in the field, the climate and the condition of the routes.

Page 2, I. Humanitarian Aid, B. Other aspects of humanitarian aid.
The restoration of the fuel supply will receive the highest priority. ECMM and ECTF are instructed to study this problem and to make proposals which could lead to their strengthening or adaptation.

Page 3, II. Action Plan for a political solution, B. Situation in the Croatian territories under UNPROFOR mandate.
...
- The European Union is ready to actively search for every means to increase humanitarian aid to the Republic of Croatia, as it is fully aware of the burden represented by the presence on its territory of many refugees or displaced persons.
Infrastructure and reconstruction
Page 2, I. Humanitarian Aid, A. Implementation of Joint Action
2) ...As soon as conditions will allow, the European Union will work for the reconstruction and the reopening of the airport of Mostar.

Page 4, C. London Conferences, 1.London II
...
It would have as its first objective the endorsement of the acquis, to give a strong impulse to the implementation of the agreement and to assure the financing of reconstruction of the destroyed territories, a plan which it would be important to coordinate with the United States, Russia, the Islamic States and other countries.
National economic plan
No specific mention.
Natural resources
Page 2, I. Humanitarian Aid, B. Other aspects of humanitarian aid.
...Particular attention will be accorded to the safeguarding of access routes to the coal mines and to the supply of gas.
International funds
Page 2, I. Humanitarian Aid, A. Implementation of Joint Action
2) ...As soon as conditions will allow, the European Union will work for the reconstruction and the reopening of the airport of Mostar.

Page 2, I. Humanitarian Aid, A. Implementation of Joint Action
3) As far as the definition of needs and their financial implications is concerned, the Presidency and the Commission will draft the report requested for the end of the month in order to allow the decisions on the budgetary envelope to be taken at the Council in December. The ECTF and IMG will be associated with this exercise.

Page 2-3, II. Action Plan for a political solution, A. A negotiated solution for BiH
2.1 The Bosnian President will be informed that the negotiators will strive in such a way that the latest territorial demands by them, as put forward at the eve of the meeting on board HMS Invincible, can - in a same order of magnitude - be met. If the Serbs make such an offer, the Council will let the Bosnian Presidency know the advantages of a settlement, in particular, with respect to its implementation by the international community and with respect to the reconstruction. The Council thinks that the population needs and wishes peace, and that the continuation of the war risks calling into question the support of the international community.

Page 3, II. Action Plan for a political solution, B. Situation in the Croatian territories under UNPROFOR mandate.
...- The European Union is ready to increase its economic assistance and its cooperation with Croatia, if Croatia invests itself fully in the respect of the modus vivendi as well as in the peace settlement in Bosnia Herzegovina.

Page 4, C. London Conferences, 1. London II
...It would have as its first objective the endorsement of the acquis, to give a strong impulse to the implementation of the agreement and to assure the financing of reconstruction of the destroyed territories, a plan which it would be important to coordinate with the United States, Russia, the Islamic States and other countries.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
Page 3, II. Action Plan for a political solution, A. A negotiated solution for BiH
2.3 The Croats will be informed that the concessions they gave made as regards access to the sea and port facilities are considered as an essential element in any negotiated settlement.

Security sector

Security Guarantees
No specific mention.
Ceasefire
General commitments
Page 3, II. Action Plan for a political solution, B. Situation in the Croatian territories under UNPROFOR mandate.
For lack of a rapid final solution, the European Union will concentrate on the adoption of a modus vivendi comprising a ceasefire and confidence-building measures in conformity with Resolution 847 of the Security Council. The aim is to eliminate the danger of a resumption of hostilities and to mark an intermediate phase towards a final solution for the Croatian territories under UNPROFOR mandate.
Police
No specific mention.
Armed forces
No specific mention.
DDR
Demilitarisation provisions
Page 2, II. Action Plan for a political solution, A. A negotiated solution for BiH
1.2A demilitarization, however, seems less and less probable on the terrain. Therefore, reduced military forces might be required for the implementation of the international guarantees.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

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

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 1, Untitled Preamble
...
Furthermore, the risk of an open conflict in the Croatian territories under UNPROFOR mandate increases steadily.
...
This is why the Union, while searching for a global solution to the problems of the former Yugoslavia, is of the opinion that the following priorities are essential:
...
- the establishment of a modus vivendi for the "Croatian territories under UNPROFOR mandate".

Page 1, I. Humanitarian Aid, A. Implementation of Joint Action
1) The Presidency has given a first report to the Ministers, following its contacts with UNHCR and UNPROFOR, on the choice of privileged itineraries (see attachment). The choice of the itinerary will be left to the organisations in charge of the delivery of aid in consultation with UNPROFOR and this in function of the military situation, agreements concluded in the field, the climate and the condition of the routes. The Council has taken note of the willingness in principle expressed by The Netherlands to supply additional troops, or logistical support to UNPROFOR as soon as the exact requirements will have been specified. The Council agreed on the necessity for the member countries of the European Union to provide, possibly under cover of ECMM, the fifty experts indispensable for operating Tuzla airport as well as the complementary logistical and support means. (The Council wishes that the UNPROFOR command could, in the most rapid and most efficient way, make use of all appropriate means, including aerial, as foreseen by the relevant resolutions of the Security Council).

Page 1-2, I. Humanitarian Aid, A. Implementation of Joint Action
2) Together with Lord Owen, the Presidency endeavours to obtain from the parties firm and precise undertakings, valid at all levels, on the preservation of the privileged itineraries, on the opening and the protection by UNPROFOR of Tuzla airport, as well as on the opening of air corridors.

Page 2, I. Humanitarian Aid, B. Other aspects of humanitarian aid.
The restoration of the fuel supply will receive the highest priority. ECMM and ECTF are instructed to study this problem and to make proposals which could lead to their strengthening or adaptation.

Page 3, II. Action Plan for a political solution, A. A negotiated solution for BiH
2.2...The progressive suspension of sanctions will only come about as the implementation of a peace settlement in Bosnia Herzegovina and the acceptance and the implementation of a modus vivendi in the UNPAs in Croatia make progress.

Page 3, II. Action Plan for a political solution, B. Situation in the Croatian territories under UNPROFOR mandate.
For lack of a rapid final solution, the European Union will concentrate on the adoption of a modus vivendi comprising a ceasefire and confidence-building measures in conformity with Resolution 847 of the Security Council. The aim is to eliminate the danger of a resumption of hostilities and to mark an intermediate phase towards a final solution for the Croatian territories under UNPROFOR mandate.
...
- The European Union is ready to contribute by its efforts to the rapid establishment of the modus vivendi on the Croatian territories under UNPROFOR mandate.
...
- The process of suspension of sanctions cannot be blocked by a refusal on the part of Croatia of an acceptable modus vivendi in the Croatian territories under UNPROFOR mandate.

Page 4, C. London Conferences, 1. London II
If a solution for Bosnia Herzegovina and a modus vivendi in Croatian territories under UNPROFOR mandate is achieved, it would be the right time to consider holding in Geneva a conference on the London model ("London II")
...
Also the Conference should give a mandate to resolve problems of the ex-Yugoslavia which are still unresolved (including definitive status of the Croatian territories under the UNPROFOR mandate, rights of nationalities and national minorities).
...
A broad autonomy in Kosovo also has to be re-established within the framework of the current borders. In Sandjak and in Vojvodina, specific rights must be assured, as foreseen by the Co­-Chairmen of the Steering Committee of ICFY. In this group of three regions, an international presence (for example, ECMM) appears necessary in order to monitor the respect for the rights of ethnic groups and minorities.
Enforcement mechanism
No specific mention.

The University of Edinburgh