Further Agreed Basic Principles (additional to those issued 8 September 1995, in Geneva)

Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Further Agreed Basic Principles (additional to those issued 8 September 1995, in Geneva)
Date
26/09/1995
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: the Permanent Representatives of France, Germany, Italy, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America to the United Nations
Description
This short agreement contains further principles additional to those agreed on 8 September 1995 at Geneva, as basis for talks on ending the war in Bosnia, which includes principles on a future settlement, the division of the state into two entities, establishing institutions, and holding elections.

Agreement document
BA_950926_FurtherAgreedPrinciples.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
Rhetorical
Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for...(b) the right of displaced persons to repossess their property or to 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
No specific mention.

Governance

Political institutions (new or reformed)
New political institutions (indefinite)
Page 1, 6.
Following the elections, the affairs and prerogatives of Bosnia and Herzegovina will be vested in the following institutions, in accordance with all of the Agreed Basic Principles.

Page 1, 6.1
A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.

Page 1-2, 6.2
A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.

Page 2, 6.3
A cabinet of such ministers as may be appropriate.

Page 2, 6.6
The foregoing institutions will have responsibility for the foreign policy of Bosnia and Herzegovina. The parties will negotiate further to determine the extent to which these institutions will also have responsibility for other matters consistent with all of the Agreed Basic Principles.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
Page 2, 6.4
A constitutional court with jurisdiction to decide all questions arising under the Constitution of Bosnia and Herzegovina as it will be revised in accordance with all of the Agreed Basic Principles.
Elections
Page 1, 5.
It is the goal that free democratic elections be held in both entities as soon as social conditions permit. In order to maximize the democratic effectiveness of such elections, the following steps will be taken by both entities.

Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement; (b) the right of displaced persons to repossess their property or to receive just compensation; (c) freedom of speech and of the press; and (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.

Page 1, 5.2
As soon as possible the Organization for Security and Cooperation in Europe (OSCE) (or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which (a) the obligations listed in all of the Agreed Basic Principles have been fulfilled, and (b) social conditions are being restored to a level at which the election process may be effective.

Page 1, 5.3
Within 30 days after the OSCE delegations have concluded that free and democratic elections can be properly held in both entities, the Governments of the two entities will conduct free and democratic elections and will fully cooperate with an international monitoring programme.
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
State level
Summary: State level power-sharing is provided for, see below.
Executive coalition
Page 1-2, 6.2
A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.
Proportionality in legislature
Page 1, 6.1
A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.
Form of 'veto' or communal majority
Page 1, 6.1
A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.

Page 1-2, 6.2
A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.
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, 5.1
Both Governments will immediately pledge their full support, starting immediately, for..(d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
Equality
No specific mention.
Democracy
Page 1, 5.
It is the goal that free democratic elections be held in both entities as soon as social conditions permit. In order to maximize the democratic effectiveness of such elections, the following steps will be taken by both entities.

Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for... (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
Protection measures
Protection of rights and legal frameworks
Page 1,
5.1 Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement; (b) the right of displaced persons to repossess their property or to receive just compensation; (c) freedom of speech and of the press; and (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
Human rights framework
5.1. govts to immediately pledge support for freedom of movement, right of displaced persons to reposses property or receive just compensation, freedom of speech and the press, pretection of all other internationally recognized HR
Isolated rights
YES

Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for...(c) freedom of speech and of the press;
Treaty incorporation
Page 1, 4.
Each of the two entities will honour the international obligations of Bosnia and Herzegovina, as long as the obligation is not a financial obligation incurred by one entity without the consent of the other.

Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for...(d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
Civil and political rights
Thought, opinion, conscience and religion
Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for...(c) freedom of speech and of the press;
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement;
Detention procedures
No specific mention.
Media and communication
Media roles
Page 1, 5.1
Both Governments will immediately pledge their full support, starting immediately, for...(c) freedom of speech and of the press;
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
Page 2, 6.4
A constitutional court with jurisdiction to decide all questions arising under the Constitution of Bosnia and Herzegovina as it will be revised in accordance with all of the Agreed Basic Principles.
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
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
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 1, 5.2
5.2 As soon as possible the Organization for Security and Cooperation in Europe (OSCE)(or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which (a) the obligations listed in all of the Agreed Basic Principles have been fulfilled, and (b) social conditions are being restored to a level at which the election process may be effective.
Enforcement mechanism
Page 1, 5.2
5.2 As soon as possible the Organization for Security and Cooperation in Europe (OSCE)(or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which (a) the obligations listed in all of the Agreed Basic Principles have been fulfilled and (b) social conditions are being restored to a level at which the election process may be effective.

The University of Edinburgh