Memorandum of Agreement

Country/entity
Croatia
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Memorandum of Agreement
Date
08/10/1991
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 (Ceasefire)
Conflict nature
Government/territory
Peace process
127: Croatia negotiation process
Parties
General Andrija Raseta, representing the Federal Secretary for National Defence of the Government of the Socialist Federative Republic of Yugoslavia; Mr Stjepan Adamic, Deputy Minister of Defence of the Government of the Republic of Croatia; Col. Imra Agotic, Member of the General Staff of the Croatian Armed Forces
Third parties
European Community Ambassador Dirk-Jan Van Houten
Description
This agreement provides for a general-ceasefire, lifting land and sea blockades, and withdrawal of the JNA from blockaded barracks. It also provides for humanitarian aid and the European Community Monitoring Mission to monitor the agreement's implementation.

Agreement document
HR_911008_Memorandum of Agreement.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
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 1, 3.
The blockades by land and sea imposed currently in all manners by both sides throughout the Adriatic Coast and its hinterland will simultaneously be lifted, and this with the purpose of restoring free movement of people, supplies and facilities. Units of the JNA can leave with their means of transport, technical material, weapons intact, military equipment and other mobile military property;
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 2, 5.
Immediate steps will be taken to organise relief supplies of food and medicine to the civilian populations of the Vukovar and Vinkovici area;
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
Ceasefire provision
Page 1, 1.
The effective entry into force of a general cease-fire in the territory of Croatia is confirmed as of 18.00 hrs Tuesday, October 8th, 1991 and will be strictly respected by both parties as long as they participate in the Peace Conference on Yugoslavia;

Page 1, 2.
Further steps towards consolidating the cease-fire will be pursued energetically during the coming days;
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, 3.
The blockades by land and sea imposed currently in all manners by both sides throughout the Adriatic Coast and its hinterland will simultaneously be lifted, and this with the purpose of restoring free movement of people, supplies and facilities. Units of the JNA can leave with their means of transport, technical material, weapons intact, military equipment and other mobile military property;

Page 1, 4.
The blockade of the Borangaj Barracks in Zagreb will be lifted with immediate effect and the withdrawal of the units stationed therin will be set in hand immediately to be completed by 18.00 hours Saturday, October 12, 1991. Units of the JNA can leave with their means of transport, technical material, weapons intact, military equipment and other mobile military property;
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
Page 2, 6.
In accordance with the Memorandum of Understanding of September 1, 1991, extending its activities to Croatia, the European Community Monitoring Mission deployed in Croatia will lend its best efforts to monitoring the effective implementation of all the provisions of this agreement.
Enforcement mechanism
No specific mention.

The University of Edinburgh