Agreement on Special Parallel Relations between the Federal Republic of Yugoslavia and Republika Srpska

Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Agreement on Special Parallel Relations between the Federal Republic of Yugoslavia and Republika Srpska
Date
28/02/1997
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 (Addresses new or outstanding issues)
Conflict nature
Government/territory
Peace process
125: Bosnia peace process
Parties
For the Federal Republic of Yugoslavia: Zoran Lilic President of the Federal Republic of
Yugoslavia
For Republika Srpska: Momcilo Krajisnik President from Republika Srpska on the Presidency
of BosniaHerzegovina
Third parties
Description
This agreement provides for cross-border cooperation and good bilateral relations between the Federal Republic of Yugoslavia and the Republika Srpska federal entity in Bosnia-Herzegovina. It provides for cooperation and promotion of ties in economic, cultural and security areas.

Agreement document
BA_970228_AgreementSpecialParallelRelations.pdf []

Groups

Children/youth
Rhetorical
Page 4, Article 13
The Parties shall promote the development of contacts and cooperation between their Parliaments, as well as regional and local authorities and institutions. They shall encourage cooperation between their youth organizations, trade unions, educational and sports institutions, as well as expert, humanitarian and other social organizations.
Disabled persons
No specific mention.
Elderly/age
No specific mention.
Migrant workers
No specific mention.
Racial/ethnic/national group
Rhetorical
Page 1, Untitled preamble
...Inspired by the centuries long interests of the Serb people to develop in peace, stability, understanding and equality with other peoples of the region and Europe...
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 3, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...resolution of succession issues of the former SFRY...
Cross-border provision
Page 1, Article 1
The Federal Republic and Republika Srpska (hereinafter the Parties) confirm their determination to promote their relations on the basis of friendship, confidence, cooperation and respect of mutual interest, in accordance with the principles of independence, non-interference in internal affairs, equality and respect for human rights and fundamental freedoms.

Page 2, Article 5
A Council for Cooperation shall be set up (hereinafter 'Council').
The President of the Council is the President of the Federal Republic of Yugoslavia, the Vice-President is the president from Republika Srpska on the Presidency of Bosnia-Herzegovina. The Council shall consist of 7 (seven) members 3 (three) appointed by the President and 2 (two) by the Vice-President of the Council.

Page 2-3, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of: establishment of special parallel relations; culture, education, science, technology, information, sport and other fields of human creativity; economic development and progressive linking of production, trade, energetics, infrastructure and finance, with a view to creating a single market; economic renewal, reconstruction and development; transport, traffic and communications; production, exploitation and transmission of energy; tourism and protection of the environment; social policies, healthcare protection; prevention of natural disasters and elimination of the consequences thereof; cooperation of nongovernmental organizations; migration, immigration and asylum; combating terrorism, illegal drug trafficking, arms smuggling, money laundering, threats to civilian air traffic and all other forms of organized crime; regional security; state border-crossing regime; citizenship; harmonization of foreign policies and approach to third countries and international organizations; harmonization of legal and other regulations, extension of legal assistance; resolution of succession issues of the former SFRY; other fields of mutual interest for the Parties. With a view to realizing an efficient cooperation in the above fields, as well as the goals and provisions of this Agreement, the Parties may conclude specific Agreements.

Page 3, Article 8
The Parties shall, as soon as possible, take up activities to establish special parallel relations for the prosperity of their people and citizens and the creation of stable conditions for development, taking into account the sovereignty and territorial integrity of Bosnia-Herzegovina and the Federal Republic of Yugoslavia respectively.
Page 4, Article 10
The Parties shall particularly encourage joint investments in economy, transfer of technologies, infrastructural links, joint access to third markets and towards that end shall create appropriate conditions by regulations, economic policies, standardization and mutual contractual relations.

Page 4, Article 11
With a view to promoting economic cooperation, the Parties shall set up a Joint Inter-Governmental Commission.

Page 4, Article 13
The Parties shall promote the development of contacts and cooperation between their Parliaments, as well as regional and local authorities and institutions. They shall encourage cooperation between their youth organizations, trade unions, educational and
sports institutions, as well as expert, humanitarian and other social organizations.

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 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...cooperation of non-governmental organizations...

Page 4, Article 13
The Parties shall promote the development of contacts and cooperation between their Parliaments, as well as regional and local authorities and institutions. They shall encourage cooperation between their youth organizations, trade unions, educational and sports institutions, as well as expert, humanitarian and other social organizations.
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
...Firmly committed to strengthening mutual ties and promoting democracy, peace, freedom and respect for human rights and freedoms,...Convinced that towards that goal continued efforts to promote the rule of law and mutual cooperation are needed...

Page 1, Article 1
The Federal Republic and Republika Srpska (hereinafter the Parties) confirm their determination to promote their relations on the basis of friendship, confidence, cooperation and respect of mutual interest, in accordance with the principles of independence, non-interference in internal affairs, equality and respect for human rights and fundamental freedoms.
Equality
Page 1, Untitled preamble
...Inspired by the centuries long interests of the Serb people to develop in peace, stability, understanding and equality with other peoples of the region and Europe...

Page 1, Article 1
The Federal Republic and Republika Srpska (hereinafter the Parties) confirm their determination to promote their relations on the basis of friendship, confidence, cooperation and respect of mutual interest, in accordance with the principles of independence, non-interference in internal affairs, equality and respect for human rights and fundamental freedoms.

Page 2, Article 2
...In their overall relations and cooperation, the Parties shall be guided by the goals of peace, stability and progress for all peoples and states on the basis of equality, democracy and market economy.
Democracy
Page 1, Untitled preamble
...Firmly committed to strengthening mutual ties and promoting democracy, peace, freedom and respect for human rights and freedoms...

Page 2, Article 2
...In their overall relations and cooperation, the Parties shall be guided by the goals of peace, stability and progress for all peoples and states on the basis of equality, democracy and market economy.
Protection measures
Other
Page 2, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of: … tourism and protection of the environment;
social policies, health­care protection;
Human rights framework
Treaty incorporation
Page 1, Article 4
The Parties confirm their full commitment to, and respect for, international standards and obligations in the field of human rights and fundamental freedoms, and are ready to cooperate in resolving international humanitarian problems.

Page 3-4, Article 9
The Parties shall not allow the use of their territories for aggression against the other Party. The Parties hereby undertake not to extend any military or any other assistance to an aggressors or aggressors, in case one of the Parties is exposed to armed attack by a third Party or Parties. In case of such an attack, the Parties shall, with a view to containing the aggression and eliminating its consequences, invest all efforts in accordance with the Charter of the United Nations and use all possibilities envisaged by the UN and other international organizations and arrangements. The terms and modalities of cooperation in the field of regional security the Parties will regulate more precisely through a separate agreement.
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 3, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...state border-crossing regime;

Page 4, Article 12
The Parties are committed to the principle of free movement of people, goods, capital, and of cultural information and other values. The citizens of the Parties shall not be required to obtain visas and pay taxes to cross the border. The customs authorities shall cooperate in facilitating cross-border movement of goods, as well as in prevention of customs violations.
Detention procedures
No specific mention.
Media and communication
Governance of media
Page 2, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...communications...
Media roles
Page 2, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...communications...
Citizenship
Citizen, general
Page 3, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...citizenship...

Page 3, Article 8
The Parties shall, as soon as possible, take up activities to establish special parallel relations for the prosperity of their people and citizens and the creation of stable conditions for development, taking into account the sovereignty and territorial integrity of Bosnia-Herzegovina and the Federal Republic of Yugoslavia respectively.

Page 4, Article 12
The Parties are committed to the principle of free movement of people, goods, capital, and of cultural information and other values. The citizens of the Parties shall not be required to obtain visas and pay taxes to cross the border. The customs authorities shall cooperate in facilitating cross-border movement of goods, as well as in prevention of customs violations.

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
Socio-economic development
Page 2, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...economic development and progressive linking of production, trade, energetics, infrastructure and finance, with a view to creating a single market...

Page 3, Article 8
The Parties shall, as soon as possible, take up activities to establish special parallel relations for the prosperity of their people and citizens and the creation of stable conditions for development, taking into account the sovereignty and territorial integrity of Bosnia-Herzegovina and the Federal Republic of Yugoslavia respectively.
National economic plan
No specific mention.
Natural resources
Page 2, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...production, exploitation and transmission of energy...
International funds
No specific mention.
Business
Page 2, Article 2
...In their overall relations and cooperation, the Parties shall be guided by the goals of peace, stability and progress for all peoples and states on the basis of equality, democracy and market economy.

Page 2, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...economic development and progressive linking of production, trade, energetics, infrasrtucture and finance, with a view to creating a single market;

Page 4, Article 10
The Parties shall particularly encourage joint investments in economy, transfer of technologies, infrastructural links, joint access to third markets and towards that end shall create appropriate conditions by regulations, economic policies, standardization and mutual contractual relations.

Page 4, Article 12
The Parties are committed to the principle of free movement of people, goods, capital, and of cultural information and other values. The citizens of the Parties shall not be required to obtain visas and pay taxes to cross the border. The customs authorities shall cooperate in facilitating cross-border movement of goods, as well as in prevention of customs violations.
Taxation
Reform of taxation
Page 4, Article 12
The Parties are committed to the principle of free movement of people, goods, capital, and of cultural information and other values. The citizens of the Parties shall not be required to obtain visas and pay taxes to cross the border. The customs authorities shall cooperate in facilitating cross-border movement of goods, as well as in prevention of customs violations.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
Intangible
Page 4, Article 12
The Parties are committed to the principle of free movement of people, goods, capital, and of cultural information and other values. The citizens of the Parties shall not be required to obtain visas and pay taxes to cross the border. The customs authorities shall cooperate in facilitating cross-border movement of goods, as well as in prevention of customs violations.
Promotion
Page 2, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...culture...
Environment
Page 2, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...protection of the environment...prevention of natural disasters and elimination of the consequences thereof...
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 1, Article 2
The Parties confirm their opposition to the use or threat of force in international relations and their firm support for the resolution of international conflicts and disputes by peaceful means.

Page 3-4, Article 9
The Parties shall not allow the use of their territories for aggression against the other Party. The Parties hereby undertake not to extend any military or any other assistance to an aggressors or aggressors, in case one of the Parties is exposed to armed attack by a third Party or Parties. In case of such an attack, the Parties shall, with a view to containing the aggression and eliminating its consequences, invest all efforts in accordance with the Charter of the United Nations and use all possibilities envisaged by the UN and other international organizations and arrangements. The terms and modalities of cooperation in the field of regional security the Parties will regulate more precisely through a separate agreement.
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
Page 3, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...illegal drug trafficking, arms smuggling, money laundering, threats to civilian air traffic and all other forms of organized crime...
Drugs
Page 3, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...illegal drug trafficking, arms smuggling, money laundering, threats to civilian air traffic and all other forms of organized crime...
Terrorism
Page 3, Article 6
The Council shall encourage, plan and harmonize comprehensive cooperation, particularly in the fields of:...combating terrorism...

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
Page 2, Article 5
A Council for Cooperation shall be set up (hereinafter 'Council'). The President of the Council is the President of the Federal Republic of Yugoslavia, the Vice-President is the president from Republika Srpska on the Presidency of Bosnia-Herzegovina. The Council shall consist of 7 (seven) members 3 (three) appointed by the President and 2 (two) by the Vice-President of the Council.

Page 3, Article 7
The Council shall meet as may be necessary, at least once in three months. The Governments of the Parties shall review the initiatives, recommendations and conclusions of the Council within fifteen (15) days. In cases which pose a threat or danger to international peace and security, the Council shall be obliged to meet. The Council may set up working bodies to carry out certain tasks or for certain fields of cooperation, if it deems it necessary.

The University of Edinburgh