Agreement between the official delegates of the Republic of Croatia and the JNA

Country/entity
Croatia
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Agreement between the official delegates of the Republic of Croatia and the JNA
Date
22/11/1991
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
Ceasefire/related (Related)
Conflict nature
Government/territory
Peace process
127: Croatia negotiation process
Parties
REPRESENTATIVE OF THE GOVERNMENT OF THE REPUBLIC CROATIA (signature illegible)
COMMISSIONER OF THE ARMED FORCES OF SFRY: Lieutenant Colonel General Andrija Rašeta
Third parties
COSIGNATORY OF THE PMEZ (signature illegible)
Description
This agreement provides for the withdrawal of the Yugoslav National Army (JNA) from the Republic of Croatia. The Croatian government commits to facilitating the column and safe passage for JNA personnel and their families.

Agreement document
HR_911122_Agreement between the official delegates of the Republic of Croatia and the JNA.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
Page 1, I
The Government of the Republic Croatia guarantees free and secure leave, outside the territory of the Republic Croatia, of all members of military units, institutions and commands of the JNA mentioned in the Overview of units, commands and institutions of the JNA, which will be reassigned from the area of the Republic Croatia (numbers from 1 to 15), which is a constitutional part of this Agreement. Under the notion of units, institutions and commands of the JNA we understand the officers, junior officers, military officials, civilian personnel at duty in the JNA, soldiers, cadets and students of military secondary school. The same guarantee is made to the members of the families of the mentioned categories of the members of the JNA.

Page 2, IV
The Government of the Republic Croatia guarantees personal safety, inviolability of private property and the right to undisturbed usage of apartments to the members of the units, institutions and commands of the JNA who do not want to leave the area of Zagreb or the territory of the Republic Croatia after their time of duty in the JNA has run out, and to the members of their families. The same guarantee is made to the members of the families of the members of the units, institutions and commands of the JNA, mentioned in the Overview (from 1 to 15), which together with the units, institutions and commands leave the territory of the Republic Croatia, but, after the time of duty in the JNA has run out, intend to return to the Republic Croatia.

Page 2, V
In accordance with the aforesaid agreement, the Government of the Republic Croatia will not hinder the members of the JNA to visit their families on the territory of the Republic Croatia, and the members of the families to visit the JNA members in their new residences. ...The Government of the Republic Croatia will make certain that the JNA members will be able to, without hindrance, sent to their families on the territory of the Republic Croatia money and other deliveries by the post, by railway, by ship or plane, so that the families of the JNA members would not become a social problem of the Republic Croatia.

Page 2, VI
The private vehicles of the JNA members and their families with the movable property (furniture, etc.) will be joined to the motorized columns of the units, institutions and commands of the JNA, and it will not be hindered by the governmental bodies of the Republic Croatia...

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
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
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 2, V
In accordance with the aforesaid agreement, the Government of the Republic Croatia will not hinder the members of the JNA to visit their families on the territory of the Republic Croatia, and the members of the families to visit the JNA members in their new residences. ...The Government of the Republic Croatia will make certain that the JNA members will be able to, without hindrance, sent to their families on the territory of the Republic Croatia money and other deliveries by the post, by railway, by ship or plane, so that the families of the JNA members would not become a social problem of the Republic Croatia.
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
No specific mention.
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
No specific mention.
Ceasefire
General commitments
[Summary] The agreement in its entirety provides for forces withdrawal modalities to facilitating a ceasefire and support earlier ceasefire agreements.
Police
[Summary] Page 3-4, XIII: See 'Withdrawal of Foreign Forces' for reference to military police.
Armed forces
No specific mention.
DDR
Demilitarisation provisions
Page 3, XI
The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement will commit themselves to clear of mines from all minefields that were set for securing military objects. The Transfer Commission will carry out the control, while the PMEZ will supervise it.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
Page 1, I
The Government of the Republic Croatia guarantees free and secure leave, outside the territory of the Republic Croatia, of all members of military units, institutions and commands of the JNA mentioned in the Overview of units, commands and institutions of the JNA, which will be reassigned from the area of the Republic Croatia (numbers from 1 to 15), which is a constitutional part of this Agreement. Under the notion of units, institutions and commands of the JNA we understand the officers, junior officers, military officials, civilian personnel at duty in the JNA, soldiers, cadets and students of military secondary school. The same guarantee is made to the members of the families of the mentioned categories of the members of the JNA.

Page 1, II
The units, institutions and commands of the JNA (mentioned in the Overview under items from 1 to 15) will be reassigned from the territory of the Republic Croatia with the weaponry, ammunition, equipment and other moveable property that the units, institutions and commands are able to transport with their own transport means, as well as with supplementary transport means that will be given at their disposal by the JNA from the territory of the Republic Croatia or from other parts of SFR Yugoslavia. The Government of the Republic Croatia will make possible for the means engaged, the accompanying personnel and unarmed drivers to enter the territory of the Republic Croatia. It will be made possible to the technical groups of the JNA to repair the damaged combat technical equipment and material-technical means on the spot during the transport, and to later join the march column. This will be done in collaboration and under the supervision of the Ministry of the Interior of the Republic Croatia.

Page 1, III
The units, institutions and commands of the JNA, which will be reassigned from the territory of the Republic Croatia on the basis of this Agreement, will carry out the reassignment within at least 5 (five) days and 15 days at most from the day the Agreement was signed, which is determined in the Overview that is the constitutional part of the Agreement. In case of a higher force, the deadline will be prolonged. The board will determine any case of higher force, as it is said in Article XV of this Agreement.

Page 2, IV
The Government of the Republic Croatia guarantees personal safety, inviolability of private property and the right to undisturbed usage of apartments to the members of the units, institutions and commands of the JNA who do not want to leave the area of Zagreb or the territory of the Republic Croatia after their time of duty in the JNA has run out, and to the members of their families. The same guarantee is made to the members of the families of the members of the units, institutions and commands of the JNA, mentioned in the Overview (from 1 to 15), which together with the units, institutions and commands leave the territory of the Republic Croatia, but, after the time of duty in the JNA has run out, intend to return to the Republic Croatia.

Page 2, V
In accordance with the aforesaid agreement, the Government of the Republic Croatia will not hinder the members of the JNA to visit their families on the territory of the Republic Croatia, and the members of the families to visit the JNA members in their new residences. The joint commission for property and legal business, which will be determined by the Government of the Republic Croatia and the Federal Secretariat for National Defence, will solve the question of the exchange of apartments of those JNA members, who intend to do it. The Government of the Republic Croatia will make certain that the JNA members will be able to, without hindrance, sent to their families on the territory of the Republic Croatia money and other deliveries by the post, by railway, by ship or plane, so that the families of the JNA members would not become a social problem of the Republic Croatia.

Page 2, VI
The private vehicles of the JNA members and their families with the movable property (furniture, etc.) will be joined to the motorized columns of the units, institutions and commands of the JNA, and it will not be hindered by the governmental bodies of the Republic Croatia. The members of the JNA, who, for any reason whatsoever, cannot leave the Republic Croatia with the units, institutions and commands of the JNA, will be given the possibility to leave when they ask for it, without any hindrance.

Page 2, VII
The units, institutions and commands of the JNA, which are to be reassigned from the territory of the Republic Croatia, on the basis of this agreement, will hand over to the authorised bodies of the Republic Croatia all building structures that were used as they are, together with the equipment, installations, ground, with defective and intact military technical equipment, as well as with intact equipment, which is not to be transferred, for which each unit, institution and command of the JNA has to keep a special record. The moveable and immovable property that is handed over in such a way will be taken into consideration during the determination of the distribution balance. The units of the JNA guarantee that it will not damage the objects on purpose and other means that will be handed over. Possible damages will be kept in records.

Page 3, VII
The European Monitor Mission will supervise the departure, location and non-use of the
reassigned units of the JNA against the Republic Croatia.

Page 3, VIII
The handover of the military hospital at the disposal of the Republic Croatia will be executed on the basis of a specially reached Agreement. This agreement will regulate the specific quality of this institution. All decrees of this Agreement will be applied at the Agreement on the military hospital. The Agreement on the handover of the military hospital will be reached within seven (7) days from the day this Agreement was signed. A part of the Centre of the Military Technical School “I. Gošnjak” in Zagreb will be handed over, by commission, at the disposal of the bodies of the Republic Croatia within five (5) days from the days this Agreement becomes effective. The status of the “VZ” “Zmaj” will be regulated by the annex enclosed in this Agreement.

Page 3, IX
The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement, will, during the process of reassignment, return to the bodies of the Republic Croatia the entire weaponry, equipment and devices of the Territorial Defence of the Republic Croatia, which they kept or used according to the decision of the former headquarters of the Territorial Defence.

Page 3, X
The units, institutions and commands of the JNA will be reassigned from the territory of the Republic Croatia to locations at least 20 km from the border of the Republic Croatia. These units, institutions and commands of the JNA will not be engaged in combat operations against the Republic Croatia. The European Monitor Mission (PMEZ) in accordance with the guidelines of the PMEZ, which are a constitutional part of this Agreement, will control this process.

Page 3, XI
The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement will commit themselves to clear of mines from all minefields that were set for securing military objects. The Transfer Commission will carry out the control, while the PMEZ will supervise it.

Page 3, XII
The Government of the Republic Croatia will make possible that the units, institutions and commands of the Combat Air force and the Anti-Aircraft Defence that will be reassigned on the basis of this Agreement use transport aviation (with previous notification to the bodies of Republic Croatia).

Page 3-4, XIII
The Government of the Republic Croatia will guarantee that the units, institutions and commands of the JNA will not be attacked during the transport, and specially, that motorized members of the Ministry of the Interior of the Republic Croatia who will prevent from any armed provocation will accompany the columns. The bodies of the Ministry of the Interior will accompany the march columns to the separation lines with the armed formations of the Republic Croatia. At the head, in the middle and at the end of the column of the JNA there will be patrols of the military police of the JNA, which will collaborate with the bodies of the Ministry of the Interior and the monitor teams of the PMEZ.

Page 4, XIV
Both parties will organise one or more commission for solving technical problems during the transfer of the objects at the level of individual barracks.
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
COSIGNATORY OF THE PMEZ [the European Monitor mission] (signature illegible)
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 3, VII
The European Monitor Mission will supervise the departure, location and non-use of the reassigned units of the JNA against the Republic Croatia.

Page 3, X
The units, institutions and commands of the JNA will be reassigned from the territory of the Republic Croatia to locations at least 20 km from the border of the Republic Croatia. These units, institutions and commands of the JNA will not be engaged in combat operations against the Republic Croatia. The European Monitor Mission (PMEZ) in accordance with the guidelines of the PMEZ, which are a constitutional part of this Agreement, will control this process.

Page 3, XI
The units, institutions and commands of the JNA that will be reassigned from the territory of the Republic Croatia on the basis of this Agreement will commit themselves to clear of mines from all minefields that were set for securing military objects. The Transfer Commission will carry out the control, while the PMEZ will supervise it.

Page 3-4, XIII
The Government of the Republic Croatia will guarantee that the units, institutions and commands of the JNA will not be attacked during the transport, and specially, that motorized members of the Ministry of the Interior of the Republic Croatia who will prevent from any armed provocation will accompany the columns. The bodies of the Ministry of the Interior will accompany the march columns to the separation lines with the armed formations of the Republic Croatia. At the head, in the middle and at the end of the column of the JNA there will be patrols of the military police of the JNA, which will collaborate with the bodies of the Ministry of the Interior and the monitor teams of the PMEZ.

Page 4, XV
A board will be established for the realisation of this Agreement, in the way that both parties will name two (2) members, while the fifth member will be a representative from the European Monitor Mission. The decisions in the board will be made by majority of votes.

Page 4, XVI
The monitor team of the European Union will supervise the realisation of the Agreement, take part in the work of the board in Article 15 and be the cosignatory of this Agreement.
Enforcement mechanism
Page 1, III
The units, institutions and commands of the JNA, which will be reassigned from the territory of the Republic Croatia on the basis of this Agreement, will carry out the reassignment within at least 5 (five) days and 15 days at most from the day the Agreement was signed, which is determined in the Overview that is the constitutional part of the Agreement. In case of a higher force, the deadline will be prolonged. The board will determine any case of higher force, as it is said in Article XV of this Agreement.

Page 4, XV
A board will be established for the realisation of this Agreement, in the way that both parties will name two (2) members, while the fifth member will be a representative from the European Monitor Mission. The decisions in the board will be made by majority of votes.

Page 4, XVI
The monitor team of the European Union will supervise the realisation of the Agreement, take part in the work of the board in Article 15 and be the cosignatory of this Agreement.

The University of Edinburgh