Memorandum of Understanding on the Monitor Mission to Yugoslavia

Country/entity
Croatia
Slovenia
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Memorandum of Understanding on the Monitor Mission to Yugoslavia
Date
13/07/1991
Agreement status
Multiparty signed/agreed
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 (Confidence building measure)
Conflict nature
Government/territory
Peace process
126: Dissolution of Yugoslavia
Parties
For the European Community and its Member States: Christiaan M. J. Kroner, Netherlands Ambassador at Large
For the Federal Authorities of Yugoslavia: Živojin Jazić, Ambassador
For the Republic of Croatia: Davorin Rudolf, Minister of Foreign Affairs
For the Republic of Slovenia: Marko Kosin

Third parties
Description
This agreement establishes a multinational Monitor Mission to Yugoslavia, to stabilize and monitor the cease-fire, oversee returning of YNA units to their barracks, monitor the suspension of the declarations of independence for three months, and monitor the release and return of prisoners.

Agreement document
YU HR SI_910713_Memorandum of Understanding on the Monitor Mission to Yugoslavia.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
Independence/secession
Page 2, Article I (mandate), 1.
A multinational Monitor Mission will be established. The aim of its activities is:
...b. to monitor the suspension of the implementation of the declarations of independence for the period of three months as agreed between the Host Parties, in the context of the arrangements reached in Brioni, particularly on the border regime and border security;

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 2, Article I (mandate), 1.
A multinational Monitor Mission will be established. The aim of its activities is:...c. if and when required, to monitor the release and return of prisoners, detained in connection with hostilities since June 25, 1991, in co-operation with the International Committee of the Red Cross.
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
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
No specific mention.
Detention procedures
No specific mention.
Media and communication
Media logistics
Page 4, Article IX (communications), 1.
The personnel of the Monitor Mission will have access to appropriate telecommunications equipment of the Host Parties for the purpose of its activities, including for communicating with Diplomatic and Consular Representations of the Sending Parties.

Page 4, Article IX (communications), 2.
Personnel of the Monitor Mission will enjoy the right to unrestricted communication by its own radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile or any other means. The Host Parties will provide within 24 hours after signature of the Memorandum of Understanding the frequencies on which radios can operate.
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
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
No specific mention.
Business
No specific mention.
Taxation
Reform of taxation
Page 3, Article VIII (travel and transport), 2.
The Monitor Mission may use roads, bridges, canals and other waters, port facilities and airfields without the payment of dues, tolls and charges, including wharfage charges.

Page 4, Article X (privileges and immunities), 5.
The Host Parties recognize the right of the Sending Parties to import, free of duty or other restrictions, any equipment, provisions, supplies and other goods which are for the exclusive and official use of the Monitor Mission, as well as to re-export to otherwise dispose of such equipment, as far as it is still usable, all unconsumed provisions, supplies and other goods so imported.
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 3, Article VI (arms and dress)
1. Monitors will not carry arms.
Ceasefire
Ceasefire provision
Page 1, Article I (mandate), 1.
A multinational Monitor Mission will be established. The aim of its activities is:
a. to help stabilize the cease-fire. To that end, to conduct ad hoc evaluations of, and to investigate alleged violations, of the following elements in the cease-fire agreed between Host Parties: - the miting of the blockade of YNA units and facilities; - the unconditional return of YNA units to their barracks; - the clearing of all roads; - the return of all facilities and equipment to the YNA, and - the deactivation of territorial defence units and their return to quarters;
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, Article I (mandate), 1.
A multinational Monitor Mission will be established. The aim of its activities is:
a. to help stabilize the cease-fire. To that end, to conduct ad hoc evaluations of, and to investigate alleged violations, of the following elements in the cease-fire agreed between Host Parties:...- the deactivation of territorial defence units and their return to quarters;
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
Page 2, Article I (mandate), 1.
A multinational Monitor Mission will be established. The aim of its activities is:...c. if and when required, to monitor the release and return of prisoners, detained in connection with hostilities since June 25, 1991, in co-operation with the International Committee of the Red Cross.
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
For the European Community and its Member States: Christiaan M. J. Kroner, Netherlands Ambassador at Large
Referendum for agreement
No specific mention.
International mission/force/similar
Page 1, Untitled Preamble
Taking into account - the decision of the Committee of Senior Officials of the Conference of Security and Co-operation in Europe to welcome the readiness of the European Community and its Member States, building on their initiatives, to organize a mission to help stabilize a cease-fire, to monitor the return of all armed forces to their previous positions and to monitor the suspension of the implementation of the declarations of independence, as well as to note the strong interest of the States Participating in the Conference on Security and Co-operation in Europe to make a concrete contribution to resolution of the present Yugoslav crisis, - the invitation by the Yugoslav authorities to the European Community and its Member States to organize such a mission,...

Page 1-2, Article I (mandate), 1.
A multinational Monitor Mission will be established. The aim of its activities is:
a. to help stabilize the cease-fire. To that end, to conduct ad hoc evaluations of, and to investigate alleged violations, of the following elements in the cease-fire agreed between Host Parties: - the miting of the blockade of YNA units and facilities; - the unconditional return of YNA units to their barracks; - the clearing of all roads; - the return of all facilities and equipment to the YNA, and - the deactivation of territorial defence units and their return to quarters;
b. to monitor the suspension of the implementation of the declarations of independence for the period of three months as agreed between the Host Parties, in the context of the arrangements reached in Brioni, particularly on the border regime and border security;
c. if and when required, to monitor the release and return of prisoners, detained in connection with hostilities since June 25, 1991, in co-operation with the International Committee of the Red Cross.

Page 2, Article I (mandate), 2.
To this end, the Host Parties will provide the Sending Parties with all information and extend full co-operation as necessary for the accomplishment of the Mission's objectives.

Page 2, Article II (duration), 1.
The Monitor Mission will commence its activities described in Article I as soon as possible after signature of this Memorandum of Understanding by all Participating Parties.

Page 2, Article II (duration), 2.
The Monitor Mission will end its activities three months after signature of this Memorandum of Understanding by all Participating Parties. The Participating Parties may decide to prolong the mandate of the Monitor Mission.

Page 2, Article III (mission area), 1.
1. The Monitor Mission will concentrate its activities on Slovenia and, as appropriate, Croatia, unless the Participating Parties agree that the implementation of the Mandate also requires activities beyond these areas.

Page 2, Article III (mission area), 2.
The Monitor Mission will establish a Co-ordination Centre, which for practical purposes will be situated in Zagreb. It will have a Regional Monitor Centre in Ljubljana. The Mission will liaise with the authorities in Belgrade.

Page 2, Article IV (status), 1.
The Host Parties will be responsible for the full protection of the Monitor Mission and its members.

Page 2, Article IV (status), 2.
For the purpose of conducting its activities, the Monitor Mission and its personnel will enjoy, together with its vehicles, vessels, aircraft and equipment, unrestricted freedom of movement in the mission area.

Page 2, Article IV (status), 3.
When conducting its activities, personnel of the Monitor Mission will at their request be accompanied by at least one escort officer designated by the Host Parties, having regard of the sector in the mission area concerned. The escort officers will assist the personnel of the Monitor Mission in carrying out their functions.

Page 2, Article IV (status), 4.
The Monitor Mission will display the flag of the European Community on its Co-ordination Centre, its Regional Monitor Centre and others premises, vehicles, vessels and otherwise as decided by the Head of the Monitor Mission.

Page 2, Article IV (status), 5.
Vehicles, vessels and aircraft of the Monitor Mission will carry a distinctive Monitor Mission identification, which will be notified to the relevant authorities.

Page 3, Article V (composition), 1.
The Monitor Mission will be composed of personnel appointed by the Sending Parties. Personnel to the Monitor Mission will be called hereinafter monitors.

Page 3, Article V (composition), 2.
Monitors will be appointed by the Governments of their Sending States.

Page 3, Article V (composition), 3.
The number of monitors will initially be between 30 and 50. The number of personnel required can be changed as agreed between the Participating Parties.

Page 3, Article V (composition), 4.
The Monitors will refrain from any action or activity incompatible with the impartial nature of their duties.

Page 3, Article V (composition), 5.
The Monitor Mission may avail itself of the assistance of administrative and technical staff from the Sending Parties as it requires. The members of the Mission's administrative and technical staff will enjoy a status similar to that of administrative and technical staff from Sending States employed in Embassies.

Page 3, Article V (composition), 6.
The Monitor Mission may recruit locally such auxiliary personnel as it requires. Upon the request of the Head of the Monitor Mission, the Host Parties, as will facilitate the recruitment of qualified local staff by the Monitor Mission and to accelerate the process of such recruitment. The Mission's auxiliary personnel will enjoy a status similar to that of locally engaged staff in Embassies.

Page 3, Article VI (arms and dress)
1. Monitors will not carry arms.
2. Monitors will wear civilian dress.

Page 3, Article VII (chain of responsibilities), 1.
The Monitor Mission will operate under the responsibility of the Head of the Mission, who will be a national of the Member State of the European Community currently holding the EC Council Presidency, hereinafter called the EC Council Presidency.

Page 3, Article VII (chain of responsibilities), 2.
The Head of the Monitor Mission will report regularly, through the EC Council Presidency, to all the Participating Parties on the activities and findings of the Monitor Mission.

Page 3, Article VII (chain of responsibilities), 3.
The EC Council Presidency will inform the Committee of Senior Officials of the Conference on Security and Co-operation in Europe at the earliest opportunity on the activities and findings of the Monitor Mission.

Page 3, Article VIII (travel and transport), 1.
Vehicles, vessels and aircraft of the Monitor Mission will not be subject to compulsory registration or licensing in the mission area, provided that all such vehicles shall carry third party insurance.

Page 3, Article VIII (travel and transport), 2.
The Monitor Mission may use roads, bridges, canals and other waters, port facilities and airfields without the payment of dues, tolls and charges, including wharfage charges.

Page 4, Article VIII (travel and transport), 3.
Upon request, the Monitor Mission will be provided by the Host Parties with such vehicles as may be required to perform its tasks in case the Monitor Mission is unable to operate its own vehicles. The Host Parties will facilitate the Monitor Mission operating its own vehicles, vessels and aircraft.

Page 4, Article IX (communications), 1.
The personnel of the Monitor Mission will have access to appropriate telecommunications equipment of the Host Parties for the purpose of its activities, including for communicating with Diplomatic and Consular Representations of the Sending Parties.

Page 4, Article IX (communications), 2.
Personnel of the Monitor Mission will enjoy the right to unrestricted communication by its own radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile or any other means. The Host Parties will provide within 24 hours after signature of the Memorandum of Understanding the frequencies on which radios can operate.

Page 4, Article X (privileges and immunities), 1.
Monitors will be granted during their mission the privileges and immunities of Diplomatic Agents, in accordance with the Vienna Convention on Diplomatic Relations.

Page 4, Article X (privileges and immunities), 2.
The Co-ordination Centre, the Regional Monitor Centre and other facilities and the vehicles, vessels and aircraft of the Monitor Mission will be inviolable.

Page 4, Article X (privileges and immunities), 3.
The privileges and immunities provided for in this Article will be granted to monitors:
a. during their mission, and b. thereafter with respect to acts previously performed during their mission.

Page 4, Article X (privileges and immunities), 4.
The Host Parties undertake to facilitate the entry into and departure from the mission area of the Head of the Monitor Mission and of members of the Mission's personnel. The EC Council Presidency will provide the Host Parties with a list of members of the Mission and inform the Host Parties about the arrival and departure of personnel belonging to the Monitor Mission. Personnel belonging to the Monitor Mission will carry their national identification cards (passports) as well as a document which proves that they are personnel of the Monitor Mission.

Page 4, Article X (privileges and immunities), 5.
The Host Parties recognize the right of the Sending Parties to import, free of duty or other restrictions, any equipment, provisions, supplies and other goods which are for the exclusive and official use of the Monitor Mission, as well as to re-export to otherwise dispose of such equipment, as far as it is still usable, all unconsumed provisions, supplies and other goods so imported.

Page 4, Article XI, 1.
The Participating Parties will decide on other provisions concerning privileges and immunities as well as on practical arrangements, such as the provision of food and lodging, travel and mission subsistance allowances.

Page 4, Article XI, 2.
The Host Parties will fully compensate Sending Parties in respect of any damage, loss or injury suffered by any monitor in connection with the Mission, and will indemnify the Sending Parties in respect of any claims arising from or in any way connected with the activities of the Monitor Mission or its personnel.
Enforcement mechanism
No specific mention.

The University of Edinburgh