Agreement on Friendship and Cooperation between the Republic of Bosnia and Herzegovina and the Republic of Croatia

Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Agreement on Friendship and Cooperation between the Republic of Bosnia and Herzegovina and the Republic of Croatia
Date
21/07/1992
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
Implementation/renegotiation
Conflict nature
Government/territory
Peace process
125: Bosnia peace process
Parties
President of the Presidency of the Republic of Bosnia and Herzegovina Alija lzetbegovic; President of the Republic of Croatia Dr Franjo Tudjman
Third parties
Description
This agreement provides for cooperation between the Republic of Croatia and the Republic of Bosnia and Herzegovina, and proposes a constitutional framework in which the state is configured into national constituent entities. It also affirms the role of the Croatian Defence Council (HVO) in the joint command of the Army of Bosnia and Herzegovina. Although it was agreed before the conflict between Croat and Bosniak forces in Bosnia, it has been included because the outline of constitutional arrangements here has subsequent status in post-conflict agreements between Bosnia and Croatia.

Agreement document
BA_920721_Agreement on Friendship and Cooperation between the Republic of Bosnia and Herzegovina and the Republic of Croatia.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 1-2, 3.
...Faced with the pressing problem of massive persecution, particularly of the Muslim and Croat population of Bosnia and Herzegovina,...

Substantive
Page 1, 1.
The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia have agreed that the future state system of Bosnia and Herzegovina will proceed from the principle of full equality of the three constituent nations: Muslims, Croats and Serbs. The constitutional-political system of the country will be based on constituent units in the establishment of which due account will be taken of national, historical, cultural, economic, traffic and other elements.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
Rhetorical
Page 1-2, 3.
The state delegation of Bosnia and Herzegovina express their gratitude to the Republic of Croatia for having received and provided for refugees from the Republic of Bosnia and Herzegovina beyond the capacity of the Republic of Croatia. Faced with the pressing problem of massive persecution, particularly of the Muslim and Croat population of Bosnia and Herzegovina, the Republic of Bosnia and Herzegovina and the Republic of Croatia will co-operate in providing for refugees in the Republic of Croatia and other countries, collection of humanitarian and financial aid, construction of refugee centres in safe zones in Bosnia and Herzegovina, and the return of refugees from the Republic of Croatia to the Republic of Bosnia and Herzegovina. A separated protocol on cooperation will be signed for the purpose.
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
Nature of state (general)
Page 1, 1.
The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia have agreed that the future state system of Bosnia and Herzegovina will proceed from the principle of full equality of the three constituent nations: Muslims, Croats and Serbs.
State configuration
Page 1, 1.
...The constitutional-political system of the country will be based on constituent units in the establishment of which due account will be taken of national, historical, cultural, economic, traffic and other elements.
Independence/secession
Page 1, Untitled Preamble
The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia; In consideration of the common interests of their countries in the protection of their independence and territorial integrity;
...Accepting the opinions presented so far by the Arbitration Commission of the Conference on Yugoslavia, and in particular the opinions concerning the termination of existence of the former Socialist Republic of Yugoslavia, the need to terminate the membership of the latter in international organizations, and the principles to be followed in the solution of succession issues;

Cross-border provision
Page 1, 2.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will cooperate and come to agreement, proceeding from the respect of their particular interests and aware of the linked interests of the two countries, in matters of economic and financial cooperation, industrial and power supply cooperation, water resource use and protection of the environment, cooperation in the restoration of life in their areas, solution of property questions affecting physical and legal persons of one state in the other state, coordination of social activities in the two states, particularly in the sphere of labour and welfare policies, health, education, science, culture and physical culture, scientific and [illegible] cooperation, cultural and educational cooperation, information, and in [illegible].

Page 2, 4.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will also cooperate, proceeding from their common and particular interests, in the sphere of internal affairs and justice.

Page 2, 7.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will reciprocally allow their citizens to acquire dual citizenship.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
Page 1, 1.
The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia have agreed that the future state system of Bosnia and Herzegovina will proceed from the principle of full equality of the three constituent nations: Muslims, Croats and Serbs. The constitutional-political system of the country will be based on constituent units in the establishment of which due account will be taken of national, historical, cultural, economic, traffic and other elements.

Page 2, 6.
The armed component of the Croatian Defence Council (Hrvatsko Vijece Obrane) is an integral part of the united armed forces of the Republic of Bosnia and Herzegovina. The Croatian Defence Council will have its representatives in the joint command of the armed forces of Bosnia and Herzegovina. Provisional civil authorities established in war-time conditions within the scope of the Croatian Defence Council will be made to conform, as soon as possible, with the constitutional-juridical system of the Republic of Bosnia and Herzegovina, and talks pertaining to this matter will be initiated immediately in the spirit of the principles stated in Point 1 of this Agreement.
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
Merger of forces
Page 2, 6.
The armed component of the Croatian Defence Council (Hrvatsko Vijece Obrane) is an integral part of the united armed forces of the Republic of Bosnia and Herzegovina. . .
Joint command structures
Page 2, 6.
... The Croatian Defence Council will have its representatives in the joint command of the armed forces of Bosnia and Herzegovina. Provisional civil authorities established in war-time conditions within the scope of the Croatian Defence Council will be made to conform, as soon as possible, with the constitutional-juridical system of the Republic of Bosnia and Herzegovina, and talks pertaining to this matter will be initiated immediately in the spirit of the principles stated in Point 1 of this Agreement.

Human rights and equality

Human rights/RoL
No specific mention.
Equality
Page 1, 1.
The President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia have agreed that the future state system of Bosnia and Herzegovina will proceed from the principle of full equality of the three constituent nations: Muslims, Croats and Serbs. The constitutional-political system of the country will be based on constituent units in the establishment of which due account will be taken of national, historical, cultural, economic, traffic and other elements.
Democracy
No specific mention.
Protection measures
Other
Page 1, Preamble
2. The Republic of Bosnia and Herzegovina and the Republic of Croatia will cooperate and come to agreement, proceeding from the respect of their particular interests and aware of the linked interests of the two countries, in matters of economic and financial cooperation, industrial and power supply cooperation, water resource use and protection of the environment,
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
No specific mention.
Citizenship
Citizen, general
Page 2, 8.
In consideration of the continuing aggression of the Serbian and Montenegrin military forces against the Republic of Bosnia and Herzegovina, but also largely against the Republic of Croatia from the contiguous areas of the Republic of Bosnia and Herzegovina, the President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia call upon the international community, and in particular the United Nations, the European Community and the United States of America, to take real and efficient steps to vigorously stop the aggression against their States, to prevent further loss of human life, persecution and expulsion of their citizens and the destruction of property...
Citizens, specific rights
Page 2, 7.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will reciprocally allow their citizens to acquire dual citizenship.
Citizen delimitation
Page 2, 7.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will reciprocally allow their citizens to acquire dual citizenship.

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 1-2, 3.
...Faced with the pressing problem of massive persecution, particularly of the Muslim and Croat population of Bosnia and Herzegovina, the Republic of Bosnia and Herzegovina and the Republic of Croatia will co-operate in providing for refugees in the Republic of Croatia and other countries, collection of humanitarian and financial aid, construction of refugee centres in safe zones in Bosnia and Herzegovina, and the return of refugees from the Republic of Croatia to the Republic of Bosnia and Herzegovina. A separated protocol on cooperation will be signed for the purpose.
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
Page 1, 2.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will cooperate and come to agreement, proceeding from the respect of their particular interests and aware of the linked interests of the two countries, in matters of economic and financial cooperation, industrial and power supply cooperation, water resource use and protection of the environment, cooperation in the restoration of life in their areas, solution of property questions affecting physical and legal persons of one state in the other state, coordination of social activities in the two states, particularly in the sphere of labour and welfare policies, health, education, science, culture and physical culture, scientific and [illegible] cooperation, cultural and educational cooperation, information, and in [illegible].
Water or riparian rights or access
Page 1, 2.
The Republic of Bosnia and Herzegovina and the Republic of Croatia will cooperate and come to agreement, proceeding from the respect of their particular interests and aware of the linked interests of the two countries, in matters of economic and financial cooperation, industrial and power supply cooperation, water resource use and protection of the environment, cooperation in the restoration of life in their areas, solution of property questions affecting physical and legal persons of one state in the other state, coordination of social activities in the two states, particularly in the sphere of labour and welfare policies, health, education, science, culture and physical culture, scientific and [illegible] cooperation, cultural and educational cooperation, information, and in [illegible].

Security sector

Security Guarantees
No specific mention.
Ceasefire
No specific mention.
Police
No specific mention.
Armed forces
Page 2, 6.
The armed component of the Croatian Defence Council (Hrvatsko Vijece Obrane) is an integral part of the united armed forces of the Republic of Bosnia and Herzegovina. The Croatian Defence Council will have its representatives in the joint command of the armed forces of Bosnia and Herzegovina. Provisional civil authorities established in war-time conditions within the scope of the Croatian Defence Council will be made to conform, as soon as possible, with the constitutional-juridical system of the Republic of Bosnia and Herzegovina, and talks pertaining to this matter will be initiated immediately in the spirit of the principles stated in Point 1 of this Agreement.

Page 2, 8.
In consideration of the continuing aggression of the Serbian and Montenegrin military forces against the Republic of Bosnia and Herzegovina, but also largely against the Republic of Croatia from the contiguous areas of the Republic of Bosnia and Herzegovina, the President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia call upon the international community, and in particular the United Nations, the European Community and the United States of America, to take real and efficient steps to vigorously stop the aggression against their States, to prevent further loss of human life, persecution and expulsion of their citizens and the destruction of property. With this objective in mind both States will sustain their past successful cooperation and continuous coordination of the defensive activities in the contiguous zones of the two States. Aware of the fact that both States are threatened, unless aggression against them is urgently stopped, by further destruction and annihilation of their state entity and integrity, the two states will, should the efforts of the international community remain ineffective, take all necessary steps in order to establish broader cooperation in the military sphere and coordinate military operations in order to definitively [illegible] the danger threatening them.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, Untitled Preamble
...Seriously concerned about the continuing aggression by the rest of the Yugoslav People's Army of the former Socialist Federal Republic of Yugoslavia, and Serbian and Montenegrin regular and irregular military forces, against their areas;

Page 2, 8.
In consideration of the continuing aggression of the Serbian and Montenegrin military forces against the Republic of Bosnia and Herzegovina, but also largely against the Republic of Croatia from the contiguous areas of the Republic of Bosnia and Herzegovina, the President of the Presidency of the Republic of Bosnia and Herzegovina and the President of the Republic of Croatia call upon the international community, and in particular the United Nations, the European Community and the United States of America, to take real and efficient steps to vigorously stop the aggression against their States, to prevent further loss of human life, persecution and expulsion of their citizens and the destruction of property. With this objective in mind both States will sustain their past successful cooperation and continuous coordination of the defensive activities in the contiguous zones of the two States. Aware of the fact that both States are threatened, unless aggression against them is urgently stopped, by further destruction and annihilation of their state entity and integrity, the two states will, should the efforts of the international community remain ineffective, take all necessary steps in order to establish broader cooperation in the military sphere and coordinate military operations in order to definitively [illegible] the danger threatening them.
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
No specific mention.
Reconciliation
No specific mention.

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