Agreed Basic Principles signed on 8 September 1995 at Geneva

Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Agreed Basic Principles signed on 8 September 1995 at Geneva
Date
08/09/1995
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
Pre-negotiation/process (Principles)
Conflict nature
Government/territory
Peace process
125: Bosnia peace process
Parties
H.E. Mr. Muhamed Sacirbey, Foreign Minister of the Republic of Bosnia and Herzegovina (Bosnia and Herzegovina); H.E. Mr. Mate Granic, Foreign Minister of the Republic of Croatia (Croatia); and H.E. Mr. Milan Milutinovic, Foreign Minister of the Federal Republic of Yugoslavia (Yugoslavia)
Third parties
Witnessed by: representatives of France, Germany, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America, and by the European Union Special Negotiator for the Former Yugoslavia
Description
This short agreement contains principles as basis for talks on ending the war in Bosnia, which includes principles on state configuration, and the division of the state into two entities: the Federation of Bosnia and Herzegovina and the Republica Srpska.

Agreement document
BA_950908_AgreedBasicPrinciples.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
Substantive
Page 1, 2.4
The two entities will enter into reciprocal commitments...(b) to adopt and adhere to normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation; and (c) to engage in binding arbitration to resolve disputes between them.

Page 3.1
The appointment of a Commission for Displaced Persons authorized to enforce (with assistance from international entities) the obligations of both entities to enable displaced persons to repossess their homes or receive just compensation.
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.
Bosnia and Herzegovina will continue its legal existence with its present borders and continuing international recognition.

Page 1, 2.3
Both entities will have the right to establish parallel special relationships with neighbouring countries, consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.
State configuration
Page 1, 2.
Bosnia and Herzegovina will consist of two entities, the Federation of Bosnia and Herzegovina as established by the Washington Agreements, and the Republica Srpska (RS).
Border delimitation
Page 1, 1.
Bosnia and Herzegovina will continue its legal existence with its present borders and continuing international recognition.
Cross-border provision
Page 1, 2.3
Both entities will have the right to establish parallel special relationships with neighbouring countries, consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
Page 1, 2.2
Each entity will continue to exist under its present constitution (amended to accommodate these basic principles).
Elections
Page 1, 2.4
The two entities will enter into reciprocal commitments (a) to hold complete elections under international auspices;
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
Federal or similar sub-divided government
Page 1, 2.
Bosnia and Herzegovina will consist of two entities, the Federation of Bosnia and Herzegovina as established by the Washington Agreements, and the Republica Srpska (RS).

Page 2, 3.5
The design and implementation of a system of arbitration for the solution of disputes between the two entities.
Other
Page 1, 2.1
The 51:49 parameter of the territorial proposal of the Contact Group is the basis for a settlement. This territorial proposal is open for adjustment by mutual agreement.
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
Treaty incorporation
Page 1, 2.4
The two entities will enter into reciprocal commitments...(b) to adopt and adhere to normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation;
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
New or fundamentally revised NHRI
Page 1, 3.2
The establishment of a Bosnia and Herzegovina Human Rights Commission, to enforce the entities’ human rights obligations. The two entities will abide by the Commission’s decisions.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 1, 2.4
The two entities will enter into reciprocal commitments...(b) to adopt and adhere to normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation;
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
Promotion
Page 2, 3.4
The appointment of a Commission to Preserve National Monuments.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
No specific mention.
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
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
Witnessed by representatives of France, Germany, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America to the United Nations, and by the European Union Special Negotiator for the Former Yugoslavia
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
No specific mention.

The University of Edinburgh