Declaration Concerning the Constitution of the Federation of Bosnia and Herzegovina (with Proposed Constitution of the Federation of Bosnia and Herzegovina attached)

Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
Declaration Concerning the Constitution of the Federation of Bosnia and Herzegovina (with Proposed Constitution of the Federation of Bosnia and Herzegovina attached)
Date
18/03/1994
Agreement status
Multiparty signed/agreed
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
Framework/substantive - partial (Multiple issues)
Conflict nature
Government/territory
Peace process
140: Bosnia peace process
Parties
To the Declaration Concerning the constitution of the Federation of Bosnia and Herzegovina:
Alija Izetbegovic; Haris Silajdzic; Franjo Tudjman; Kresimir Zubak

To the Annex - Human Rights Instruments to be Incorporated into the Federation Constitution:
Kresimir Zubak; Haris Silajdzic

To the Criteria for the Definition of the Territory of the Federation of Bosnia and Herzegovina:
Kresimir Zubak; Haris Silajzdic
Third parties
Description
This agreement endorses the proposed constitution for a Federation of Bosnia and Herzegovina. It provides for institutional arrangements to establish and govern an ethnic Federation in majority Bosniac and Croat areas. It includes an Annex of Human Rights Instruments to be Incorporated into the Federation Constitution, and Criteria for the Definition of the Territory of the Federation of Bosnia and Herzegovina.

Agreement document
BA_940318_DeclarationConcerningConstitutonFederationBosniaHerzegovina.pdf

Main category
Page 3, II. Human rights and fundamental freedoms, A. General, Article 2
1. All persons within the territory of the Federation shall enjoy the rights:
...
d. To freedom from discrimination based on race, colour, sex, language, religion or creed, political or other opinions, and national or social origin;

Page 24, Annex: Human Rights Instruments to be Incorporated into the Federation Constitution
...
6. 1957 Convention on the Nationality of Married Women

Page 24, Annex: Human Rights Instruments to be Incorporated into the Federation Constitution
...
12. 1979 International Convention on the Elimination of All Forms of Discrimination Against Women

Women, girls and gender

Participation
No specific mention.
Equality
Equality (general)
Page 3, Proposed Constitution of the Federation of Bosnia and Herzegovina, II Human rights and fundamental freedoms, A. General, Article 2
The Federation shall ensure the application of the highest level of internationally recognised rights and freedoms provided in the instruments listed in the Annex. In particular:
1. All persons within the territory of the Federation shall enjoy the rights:
...
d. To freedom from discrimination based on race, colour, sex, language, religion or creed, political or other opinions, and national or social origin;
Particular groups of women
No specific mention.
International law
International human rights standards
Page 24, Annex: Human Rights Instruments to be Incorporated into the Federation Constitution
...
6. 1957 Convention on the Nationality of Married Women

Page 24, Annex: Human Rights Instruments to be Incorporated into the Federation Constitution
...
12. 1979 International Convention on the Elimination of All Forms of Discrimination Against Women
New institutions
No specific mention.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
Constitution-making/reform
Page 3, Proposed Constitution of the Federation of Bosnia and Herzegovina, II Human rights and fundamental freedoms, A. General, Article 2 The Federation shall ensure the application of the highest level of internationally recognised rights and freedoms provided in the instruments listed in the Annex. In particular:
1. All persons within the territory of the Federation shall enjoy the rights:
... d. To freedom from discrimination based on race, colour, sex, language, religion or creed, political or other opinions, and national or social origin;

Page 24, Annex: Human Rights Instruments to be Incorporated into the Federation Constitution
... 6. 1957 Convention on the Nationality of Married Women Page 24, Annex: Human Rights Instruments to be Incorporated into the Federation Constitution
... 12. 1979 International Convention on the Elimination of All Forms of Discrimination Against Women
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh