Agreement between the Government of the Republic of Croatia and the United Nations Peace Forces (UNPF) - United Nations Confidence Restoration Operation (UNCRO) on temporary measures in the areas formerly known as 'Sector North' and 'Sector South'

Country/entity
Croatia
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Agreement between the Government of the Republic of Croatia and the United Nations Peace Forces (UNPF) - United Nations Confidence Restoration Operation (UNCRO) on temporary measures in the areas formerly known as 'Sector North' and 'Sector South'
Date
06/08/1995
Agreement status
Unilateral document
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
Framework/substantive - partial (Multiple issues)
Conflict nature
Government/territory
Peace process
127: Croatia negotiation process
Parties
Hrvoje Sarinic, Republic of Croatia; Yasushi Akashi, United Nations Peace Forces
Third parties
Description
This short agreement outlines commitments of the Government of Croatia to protect the human rights of civilians in the former United Nations Protected Areas, including cooperation with UNMO human rights monitoring and the inviolability of UN premises, personnel and vehicles.

Agreement document
HR_950806_Agreement on temporary measures in 'Sector North' and 'Sector South'.pdf []

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
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)
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
Page 1, 2.
That, further to clause 1 above, Croatia concurs that UNCRO, together with UNHCR and ICRC where appropriate, will monitor and report on the human rights situation in the Areas, and intervene with the Croatian authorities on human rights matters when appropriate.

Page 1, 3.
That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

Page 2, 4.
That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent allowed by objective security considerations.
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 1, Untitled Preamble
We the undersigned,...Dedicated to ensuring to the maximum extent possible the full protection of civilians and of their human rights...

Page 1, 1.
That Croatia expresses its complete and unequivocal commitment to the full respect for the human rights of all individuals in the Areas concerned, and guarantees that those rights will be respected by all Croatian authorities.

Page 1, 2.
That, further to clause 1 above, Croatia concurs that UNCRO, together with UNHCR and ICRC where appropriate, will monitor and report on the human rights situation in the Areas, and intervene with the Croatian authorities on human rights matters when appropriate.

Page 2, 5.
That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
Protection of rights and legal frameworks
Page 1, Untitled Preamble
We the undersigned,...Dedicated to ensuring to the maximum extent possible the full protection of civilians and of their human rights...
Human rights framework
Treaty incorporation
Page 1, Untitled Preamble
We the undersigned,...Recognizing the need to ensure full respect for international human rights and humanitarian law...

Page 1, 3.
That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

Page 2, 8.
That, in conformity with its international obligations, Croatia reiterates the inviolability of United Nations premises and establishments, and its vehicles, and all
those therein, and thus commits all Croat an authorities to fully respect such inviolability. Croatia further emphasizes that none of its authorities will seek to remove
any person or persons from such United Nations premises, establishments or vehicles.
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, 3.
That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

Page 2, 4.
That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent
allowed by objective security considerations.
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
Humanitarian assistance
Page 1, Untitled Preamble
We the undersigned,...Committed providing for the humanitarian needs of the civilian population affected by the hostilities in the Areas...

Page 2, 4.
That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent
allowed by objective security considerations.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

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

Security sector

Security Guarantees
Page 2, 5.
That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.

Page 2, 6.
That Croatia, and in particular its military authorities, will make every effort to ensure that civilian areas are not targeted by direct or indirect military fire as long as the hostilities continue.

Page 2, 7.
That, if UNCRO commanders become aware that local military personnel have departed from a specific location where only non-combatants are present, and that the 1ocation is under fire by Croatian forces, this information will be immediately passed to the Headquarters of the Croatian Army for appropriate action.
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
Page 1, 3.
That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards
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
Signed by Yasushi Akashi, United Nations Peace Forces
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 2, 5.
That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.

Page 2, 7.
That, if UNCRO commanders become aware that local military personnel have departed from a specific location where only non-combatants are present, and that the 1ocation is under
fire by Croatian forces, this information will be immediately passed to the Headquarters of the Croatian Army for appropriate action.

Page 2, 8.
That, in conformity with its international obligations, Croatia reiterates the inviolability of United Nations premises and establishments, and its vehicles, and all those therein, and thus commits all Croat an authorities to fully respect such inviolability. Croatia further emphasizes that none of its authorities will seek to remove any person or persons from such United Nations premises, establishments or vehicles.
Enforcement mechanism
No specific mention.

The University of Edinburgh