Joint Statement, Split, Croatia

Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Joint Statement, Split, Croatia
Date
06/08/1997
Agreement status
Multiparty signed/agreed
Interim arrangement
No
Agreement/conflict level
Intrastate/intrastate conflict (Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

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

Bosnia-Herzegovina

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

Kosovo

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

Balkan Conflicts (1991 - 1995) (1998 - 2001) )
Stage
Implementation/renegotiation (Addresses new or outstanding issues)
Conflict nature
Government/territory
Peace process
125: Bosnia peace process
Parties
The delegation of the Republic of Croatia, led by President Franjo Tudjman; the delegation of Bosnia and Herzegovina, led by the President of the Presidency of Bosnia and Herzegovina Alija Izetbegovic; and the highest officials of the Federation Bosnia and Herzegovina, led by Vladimir Soljic
Third parties
Description
This agreement reaffirms the parties' commitment to implementation of existing peace agreements, and provides for measures to support cross-border cooperation between Bosnia-Herzegovina and Croatia. It also addresses cooperation with criminal tribunals, refugee return and the role of the media in promoting reconciliation.

Agreement document
BA_970806_Joint Statement at Split.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 1,
...The parties have confirmed their joint commitment to the preservation and strengthening of the integrity, sovereignty and political independence of Bosnia and Herzegovina, structured constitutionally as a State of three equal constituent nations and two multi-ethnic entities,...

Page 1,
...The implementation of the Washington agreement on the strengthening of the Federation of Bosnia and Herzegovina considered by all a particularly important contribution to the peace process and an irreplaceable framework for the attainment of equal national, political and other interests of the Croat and Bosniac peoples...

Page 1-2,
...An important role in the implementation of the Dayton and Washington agreements is played by the Council for Cooperation between the Republic of Croatia, Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina, which has had a positive effect on promoting the relations between the two States and strengthening cooperation between the Croat and Bosniac peoples, especially in affirming the policy of mutual confidence and reconciliation based on equality and mutual respect of national identity and other values. All the political, social, media and other institutions, communities and associations in the Federation of Bosnia and Herzegovina are called upon to continue affirming the values of coexistence.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Substantive
Page 3,
...The parties reaffirmed the right to an organized, voluntary and safe return of refugees to their homes along with protection from intimidation and the adoption of the required legislation. The Government of the Federation of Bosnia and Herzegovina will prepare, in coordination with the institutions of Bosnia and Herzegovina, and within the shortest time, an integral programme of return. The Government of the Republic of Croatia and the Government of the Federation will agree on the necessary steps for assistance in reconstruction and development in order to promote return. Particular emphasis was placed on the requirement to intensify overall activity in the discovery of persons missing during the war...
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 1,
...The parties have confirmed their joint commitment to the preservation and strengthening of the integrity, sovereignty and political independence of Bosnia and Herzegovina, structured constitutionally as a State of three equal constituent nations and two multi-ethnic entities, which will strengthen reciprocal relations within Bosnia and Herzegovina and cooperate with neighbouring States in accordance with the Dayton agreements and the Political Declaration of the Peace Implementation Council in Sintra.
Cross-border provision
Page 1,
...The delegation of the Republic of Croatia, led by President Franjo Tudjman, the delegation of Bosnia and Herzegovina, led by the President of the Presidency of Bosnia and Herzegovina Alija Izetbegovic, and the highest officials of the Federation Bosnia and Herzegovina, led by Vladimir Soljic, held a meeting in Split on 6 August 1997, at which they comprehensively examined the implementation of the Dayton and Washington agreements, the development of cooperation between the Republic of Croatia and Bosnia and Herzegovina, and in particular the strengthening of relations in the Federation of Bosnia and Herzegovina and its cooperation with the Republic of Croatia...

Page 1-2,
...An important role in the implementation of the Dayton and Washington agreements is played by the Council for Cooperation between the Republic of Croatia, Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina, which has had a positive effect on promoting the relations between the two States and strengthening cooperation between the Croat and Bosniac peoples, especially in affirming the policy of mutual confidence and reconciliation based on equality and mutual respect of national identity and other values. All the political, social, media and other institutions, communities and associations in the Federation of Bosnia and Herzegovina are called upon to continue affirming the values of coexistence.

Page 2,
...In order to promote cooperation on the basis of existing agreements, it has been agreed to exchange, by 1 September 1997, the draft agreement intended to regulate the relations between Croatia and Bosnia and Herzegovina and to establish the council for cooperation between the two countries, and also the draft agreement on the establishment of the council for cooperation between the Republic of Croatia and the Federation of Bosnia and Herzegovina, which will define special contractual relations between Croatia and the Federation of Bosnia and Herzegovina in accordance with the Constitution of Bosnia and Herzegovina, the Dayton and Washington agreements, the Sintra Declaration and the conclusions of the Office of the High Representative...

Page 2,
...In the spirit of this mutual political commitment, it has been agreed that a special mixed legal-political group will, within three months, harmonize the signed bilateral agreements and prepare other agreements of mutual interest. In this process particular consideration will be given to the termination of negotiations on a permanent solution for the use of the port of Ploce and passage through the municipality of Neum, as well as to the agreement on property-legal relations, protection of investments, dual citizenship and so on...

Page 2,
...The parties have confirmed the particular interest of Croatia, Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina in strengthening economic cooperation. It has been agreed that an expert group will immediately prepare a programme of measures for promoting economic cooperation, balancing trade, amending the custom-free trade regime, in particular the trade in energy sources, and other issues related to the implementation of the Agreement on Economic Cooperation and Trade...

Page 2-3,
...It has been agreed, through a special annex to the Agreement on Border Crossings, to allow immediately for the opening of new border crossings along the entire frontier. A joint border and customs post will be established at the border crossing Brcko-Gunla in accordance with the decisions of the Arbitration Commission. The preparation of the proposal for the arrangement and construction of joint border crossings will start immediately and international institutions will be invited to participate in the financing of specific projects...

Governance

Political institutions (new or reformed)
General references
Page 1,
...The parties have jointly confirmed their readiness for consistent, comprehensive and accelerated implementation of the peace agreements in order to strengthen peace and establish functional democratic institutions in Bosnia and Herzegovina, and overall normalization of relations in this part of Europe...
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
No specific mention.
Equality
Page 1,
...The implementation of the Washington agreement on the strengthening of the Federation of Bosnia and Herzegovina considered by all a particularly important contribution to the peace process and an irreplaceable framework for the attainment of equal national, political and other interests of the Croat and Bosniac peoples...

Page 1-2,
...An important role in the implementation of the Dayton and Washington agreements is played by the Council for Cooperation between the Republic of Croatia, Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina, which has had a positive effect on promoting the relations between the two States and strengthening cooperation between the Croat and Bosniac peoples, especially in affirming the policy of mutual confidence and reconciliation based on equality and mutual respect of national identity and other values. All the political, social, media and other institutions, communities and associations in the Federation of Bosnia and Herzegovina are called upon to continue affirming the values of coexistence.
Democracy
Page 1,
...The parties have jointly confirmed their readiness for consistent, comprehensive and accelerated implementation of the peace agreements in order to strengthen peace and establish functional democratic institutions in Bosnia and Herzegovina, and overall normalization of relations in this part of Europe...
Protection measures
Protection of groups
Page 3,
… return of refugees to their homes along with protection from intimidation and the adoption of the required legislation.
Other
Page 2,
In this process particular consideration will be given to the termination of negotiations on a permanent solution for the use of the port of Ploce and passage through the municipality of Neum, as well as to the agreement on property-legal relations, protection of investments, dual citizenship and so on.
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 2-3,
...It has been agreed, through a special annex to the Agreement on Border Crossings, to allow immediately for the opening of new border crossings along the entire frontier. A joint border and customs post will be established at the border crossing Brcko-Gunla in accordance with the decisions of the Arbitration Commission. The preparation of the proposal for the arrangement and construction of joint border crossings will start immediately and international institutions will be invited to participate in the financing of specific projects...
Detention procedures
No specific mention.
Media and communication
Media roles
Page 1-2,
...An important role in the implementation of the Dayton and Washington agreements is played by the Council for Cooperation between the Republic of Croatia, Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina, which has had a positive effect on promoting the relations between the two States and strengthening cooperation between the Croat and Bosniac peoples, especially in affirming the policy of mutual confidence and reconciliation based on equality and mutual respect of national identity and other values. All the political, social, media and other institutions, communities and associations in the Federation of Bosnia and Herzegovina are called upon to continue affirming the values of coexistence...

Page 3,
...It was considered by all that the media play a particularly important role in developing a positive relationship towards the strengthening of the Federation of Bosnia and Herzegovina and overall implementation of the peace agreements. In this regard, the media are called upon to contribute to reaffirmation of confidence and reconciliation in the spirit of this statement and in accordance with the freedom and independence of the media.
Citizenship
Citizen, general
Page 2,
...In the spirit of this mutual political commitment, it has been agreed that a special mixed legal-political group will, within three months, harmonize the signed bilateral agreements and prepare other agreements of mutual interest. In this process particular consideration will be given to the termination of negotiations on a permanent solution for the use of the port of Ploce and passage through the municipality of Neum, as well as to the agreement on property-legal relations, protection of investments, dual citizenship and so on...

Justice sector reform

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

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
Page 2-3,
...It has been agreed, through a special annex to the Agreement on Border Crossings, to allow immediately for the opening of new border crossings along the entire frontier. A joint border and customs post will be established at the border crossing Brcko-Gunla in accordance with the decisions of the Arbitration Commission. The preparation of the proposal for the arrangement and construction of joint border crossings will start immediately and international institutions will be invited to participate in the financing of specific projects...
Business
Page 2,
...The parties have confirmed the particular interest of Croatia, Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina in strengthening economic cooperation. It has been agreed that an expert group will immediately prepare a programme of measures for promoting economic cooperation, balancing trade, amending the custom-free trade regime, in particular the trade in energy sources, and other issues related to the implementation of the Agreement on Economic Cooperation and Trade...
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 2,
...In the spirit of this mutual political commitment, it has been agreed that a special mixed legal-political group will, within three months, harmonize the signed bilateral agreements and prepare other agreements of mutual interest. In this process particular consideration will be given to the termination of negotiations on a permanent solution for the use of the port of Ploce and passage through the municipality of Neum, as well as to the agreement on property-legal relations, protection of investments, dual citizenship and so on...

Security sector

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

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
International courts
Page 3,
...Cooperation with the International War Crimes Tribunal in The Hague will continue. It is the joint conviction that the process of law and the trials should reflect an objective attitude towards the level of involvement of sides and individuals...
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
Page 3,
...The parties reaffirmed the right to an organized, voluntary and safe return of refugees to their homes along with protection from intimidation and the adoption of the required legislation. The Government of the Federation of Bosnia and Herzegovina will prepare, in coordination with the institutions of Bosnia and Herzegovina, and within the shortest time, an integral programme of return. The Government of the Republic of Croatia and the Government of the Federation will agree on the necessary steps for assistance in reconstruction and development in order to promote return. Particular emphasis was placed on the requirement to intensify overall activity in the discovery of persons missing during the war...
Reparations
No specific mention.
Reconciliation
Page 1-2,
...An important role in the implementation of the Dayton and Washington agreements is played by the Council for Cooperation between the Republic of Croatia, Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina, which has had a positive effect on promoting the relations between the two States and strengthening cooperation between the Croat and Bosniac peoples, especially in affirming the policy of mutual confidence and reconciliation based on equality and mutual respect of national identity and other values. All the political, social, media and other institutions, communities and associations in the Federation of Bosnia and Herzegovina are called upon to continue affirming the values of coexistence...

Page 3,
...It was considered by all that the media play a particularly important role in developing a positive relationship towards the strengthening of the Federation of Bosnia and Herzegovina and overall implementation of the peace agreements. In this regard, the media are called upon to contribute to reaffirmation of confidence and reconciliation in the spirit of this statement and in accordance with the freedom and independence of the media.

Implementation

UN signatory
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.

The University of Edinburgh