Guiding Basic Principles for Negotiations on a Settlement of Eastern Slavonia, Baranja and Western Sirmium

Country/entity
Croatia
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Guiding Basic Principles for Negotiations on a Settlement of Eastern Slavonia, Baranja and Western Sirmium
Date
03/10/1995
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
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 (Principles)
Conflict nature
Government/territory
Peace process
127: Croatia negotiation process
Parties
Unclear who signed, believed to be representatives of the Croatian government and representatives of local Serb forces
Third parties
Unclear, believed to have been negotiated by US Ambassador to Croatia, Peter Galbraith, and supported by International Conference on former Yugoslavia (ICFY) co-chairman, Thorvald Stoltenberg.
Description
This agree establishes a transition period for the region of Eastern Slavonia, Southern Baranja and Western Sirium, a transitional authority established by the United Nations Security Council. It provides for international forces to monitor the transition, a transitional police force, and to facilitate refugee return and property recover.

Agreement document
HR_951003_Guiding Basic Principles for Negotiations on a Settlement of Eastern Slavonia, Baranja and Western Sirmium.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
Substantive
Page 1, 2.
A transitional authority shall be established by the United Nations Security Council to administer the region during the transition period. Such authority shall include a mechanism to represent the interests of the Government of Croatia, the local Serbs, returning Croatian refugees and displaced persons, and ethnic minorities.

Page 1, 5.
The transitional authority shall establish a transitional police force in which Croats and Serbs are represented. Other ethnic groups shall also be represented in the police force in the regions where they are present.

Page 1, 9.
The right to return, to recover property, to receive compensation for non-recoverable property, and to receive assistance in reconstruction of damaged property shall be equally available to all Croatian citizens and persons eligible for Croatian citizenship, without regard to ethnicity.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Substantive
Page 1, 2.
A transitional authority shall be established by the United Nations Security Council to
administer the region during the transition period. Such authority shall include a
mechanism to represent the interests of the Government of Croatia, the local Serbs,
returning Croatian refugees and displaced persons, and ethnic minorities.

Page 1, 4.
The transitional authority will facilitate the return of refugees and displaced persons to
their homes. It will also take steps to reestablish Croatian institutions in the region (such as telephone service, post offices, banks, utilities, pension offices, passport and citizenship offices, etc.).

Page 1, 7.
All Croatian citizens and persons eligible for Croatian citizenship, including all refugees and displaced persons, have the right to return freely to their places of residence and reside there in conditions of security.
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
No specific mention.

Governance

Political institutions (new or reformed)
Temporary new institutions
Page 1, 2.
A transitional authority shall be established by the United Nations Security Council to
administer the region during the transition period. Such authority shall include a
mechanism to represent the interests of the Government of Croatia, the local Serbs,
returning Croatian refugees and displaced persons, and ethnic minorities.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
No specific mention.
Elections
Page 1, 11.
After the end of the transitional period, elections for local administration shall be held.
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
Other
Page 1, 1.
A transition period shall be established for the region.

Page 1, 2.
A transitional authority shall be established by the United Nations Security Council to
administer the region during the transition period. Such authority shall include a
mechanism to represent the interests of the Government of Croatia, the local Serbs,
returning Croatian refugees and displaced persons, and ethnic minorities.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL
Page 1, 10.
The international community will provide guarantees of the terms of and of the human rights protections established in the settlement. These guarantees would include the presence of international monitors for an agreed period of time in the region both during and following the transition. This work shall not be impeded.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
Protection of rights and legal frameworks
Page 1, 10. The international community will provide guarantees of the terms of and of the human
rights protections established in the settlement. These guarantees would include the
presence of international monitors for an agreed period of time in the region both during and following the transition. This work shall not be impeded.
Human rights framework
Treaty incorporation
Page 1, 6.
Internationally recognized human rights and fundamental freedoms will receive the highest
respect from all levels of government throughout the Republic of Croatia.
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
No specific mention.
Detention procedures
No specific mention.
Media and communication
Governance of media
Page 1, 4.
The transitional authority will facilitate the return of refugees and displaced persons to their homes. It will also take steps to reestablish Croatian institutions in the region (such as telephone service, post offices, banks, utilities, pension offices, passport and citizenship offices, etc.).
Citizenship
Citizens, specific rights
Page 1, 7.
All Croatian citizens and persons eligible for Croatian citizenship, including all refugees and displaced persons, have the right to return freely to their places of residence and reside there in conditions of security.

Page 1, 9.
The right to return, to recover property, to receive compensation for non-recoverable
property, and to receive assistance in reconstruction of damaged property shall be equally
available to all Croatian citizens and persons eligible for Croatian citizenship, without
regard to ethnicity.

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
Infrastructure and reconstruction
Page 1, 9.
The right to return, to recover property, to receive compensation for non-recoverable property, and to receive assistance in reconstruction of damaged property shall be equally available to all Croatian citizens and persons eligible for Croatian citizenship, without regard to ethnicity.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
Personal or commercial banking
Page 1, 4.
The transitional authority will facilitate the return of refugees and displaced persons to their homes. It will also take steps to reestablish Croatian institutions in the region (such as telephone service, post offices, banks, utilities, pension offices, passport and citizenship offices, etc.).

Land, property and environment

Land reform/rights
Property return and restitution
Page 1, 8.
All persons have the right to have restored to them any property of which they were
deprived by unlawful acts or forced to abandon and to be compensated for any property
which cannot be restored to them.

Page 1, 9.
The right to return, to recover property, to receive compensation for non-recoverable
property, and to receive assistance in reconstruction of damaged property shall be equally
available to all Croatian citizens and persons eligible for Croatian citizenship, without
regard to ethnicity
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
Page 1, 5.
The transitional authority shall establish a transitional police force in which Croats and Serbs are represented. Other ethnic groups shall also be represented in the police force in the regions where they are present.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
Material reparations
Page 1, 8.
All persons have the right to have restored to them any property of which they were
deprived by unlawful acts or forced to abandon and to be compensated for any property
which cannot be restored to them.

Page 1, 9.
The right to return, to recover property, to receive compensation for non-recoverable
property, and to receive assistance in reconstruction of damaged property shall be equally
available to all Croatian citizens and persons eligible for Croatian citizenship, without
regard to ethnicity.
Reconciliation
No specific mention.

Implementation

UN signatory
Unclear, believed to have been negotiated by US Ambassador to Croatia, Peter
Galbraith, and supported by International Conference on former Yugoslavia (ICFY) co-chairman, Thorvald Stoltenberg.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 1, 2.
A transitional authority shall be established by the United Nations Security Council to
administer the region during the transition period. Such authority shall include a
mechanism to represent the interests of the Government of Croatia, the local Serbs,
returning Croatian refugees and displaced persons, and ethnic minorities.

Page 1, 3.
International forces shall be stationed within the region during the transition to maintain the peace and enforce compliance with the final settlement. The region shall otherwise be demilitarized during the transition.

Page 1, 10.
The international community will provide guarantees of the terms of and of the human rights protections established in the settlement. These guarantees would include the presence of international monitors for an agreed period of time in the region both during and following the transition. This work shall not be impeded.
Enforcement mechanism
No specific mention.

The University of Edinburgh