General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Peace Agreement)

Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Agreement name
General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Peace Agreement)
Date
21/11/1995
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 - comprehensive (Agreement)
Conflict nature
Government/territory
Peace process
140: Bosnia peace process
Parties
Main Agreement: Signed on behalf of the Republic of Bosnia and Herzegovina; Republic of Croatia, Federal Republic of Yugoslavia;

Annex 1-A: Signed on behalf of the Republic of Bosnia and Herzegovina; Republic of Croatia, Federal Republic of Yugoslavia;

Annex 1-B signed by Republic of Bosnia and Herzegovina and North Atlantic Treaty Organisation (with letters of support from Federal Republic of Yugoslavia; Federation of Bosnia and Herzegovina; Republika Srpska; and (with additional clauses), Republic of Croatia; (with additional clauses) Federal Republic of Yugoslavia

Annex 2 signed on behalf of the Republic of Bosnia and Herzegovina; Republic of Croatia, Federal Republic of Yugoslavia; Federation of Bosnia and Herzegovina; and Republika Srpska;

Annex 3 signed on behalf of the Republic of Bosnia and Herzegovina; Republic of Croatia, Federal Republic of Yugoslavia; Federation of Bosnia and Herzegovina; and Republika Srpska; Map appendix signed by Republic of Bosnia and Herzegovina; Republic of Croatia and Federal Republic of Yugoslavia;

Annex 3 signed on behalf of the Republic of Bosnia and Herzegovina; Federation of Bosnia and Herzegovina; and Republika Srpska;

Annex 4 unsigned by with three Declarations in Support by Republic of Bosnia and Herzegovina; Republika Srpska and Federation of Bosnia and Herzegovina (on behalf of Croat and Bosniak constituent peoples);

Annex 5 signed on behalf of Federation of Bosnia and Herzegovina and Republika Srpska;

Annex 6 signed on behalf of the Republic of Bosnia and Herzegovina; Federation of Bosnia and Herzegovina; and Republika Srpska;

Annex 7 signed on behalf of the Republic of Bosnia and Herzegovina; Federation of Bosnia and Herzegovina; and Republika Srpska;

Annex 8 signed on behalf of the Republic of Bosnia and Herzegovina; Federation of Bosnia and Herzegovina; and Republika Srpska;

Annex 9 signed on behalf of Federation of Bosnia and Herzegovina and Republika Srpska;

Annex 10 signed on behalf of the Republic of Bosnia and Herzegovina; Republic of Croatia, Federal Republic of Yugoslavia; Federation of Bosnia and Herzegovina; and Republika Srpska;

Annex 11 Republic of Bosnia and Herzegovina; Republic of Croatia, Federal Republic of Yugoslavia;



Third parties
General Framework Agreement for Peace in Bosnia and Herzegovina (Main Agreement), witnessed by representatives of: European Union Special Negotiator, the French Republic, the Federal Republic of Germany, the Russian Federation (except for annex 1), the United Kingdom of Great Britain and Northern Ireland, the United States of America
Description
Short central agreement, with a number of detailed substantive annexes providing for: 1-A Agreemenet on Military Aspects of the Peace Settlement; 1-B Agreement on Regional Stabilisation; 2 Agreement on Inter-entity boundary line and Related Issues; 3 Agreement on Elections; 4 Constitution; 5 Agreement on Arbitration; 6 Agreement on Human Rights; 7 Agreement on Refugees and Displaced Persons; 8 Agreement on the Commission to Preserve National Monuments; 9 Agreement on Public Corporations; 10 Agreement on Civilian Implementation; 10 Agreement on International Police Task Force.

Agreement document
BA_951121_DaytonAgreement.pdf

Main category
Page 60, Annex 4: Constitution of Bosnia and Herzegovina, Article I, Bosnia and Herzegovina, 7. Citizenship.
There shall be a citizenship of Bosnia and Herzegovina, to be regulated by the Parliamentary Assembly, and a citizenship of each Entity, to be regulated by each Entity, provided that:...(b) No person shall be deprived of Bosnia and Herzegovina or Entity citizenship arbitrarily or so as to leave him or her stateless. No person shall be deprived of Bosnia and Herzegovina or Entity citizenship on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Page 62, Annex 4: Constitution of Bosnia and Herzegovina, Article II, Human Rights and Fundamental Freedoms, 4. Non-Discrimination.
The enjoyment of the rights and freedoms provided for in this Article or in the international agreements listed in Annex I to this Constitution shall be secured to all persons in Bosnia and Herzegovina without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Page 75, Annex 4: Constitution of Bosnia Herzegovina, Annex I: Additional Human Rights Agreements to be Applied in Bosnia and Herzegovina, 4.
1957 Convention on the Nationality of Married Women.

Page 75, Annex 4: Constitution of Bosnia Herzegovina, Annex I: Additional Human Rights Agreements to be Applied in Bosnia and Herzegovina, 9.
1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Page 83, Annex 6: Agreement on Human Rights, Chapter One: Respect for Human Rights, Article I, Fundamental Rights and Freedoms (14)
The enjoyment of the rights and freedoms provided for in this Article or in the international agreements listed in the Annex to this Constitution secured without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Page 83, Annex 6: Agreement on Human Rights, Chapter Two: The Commission on Human Rights, Part A: General, Article II: Establishment of the Commission, 2.
The Office of the Ombudsman and the Human Rights Chamber shall consider, as subsequently described:...(b) alleged or apparent discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status arising in the enjoyment of any of the rights and freedoms provided for in the international agreements listed in the Appendix to this Annex where such violation is alleged or appears to have been committed by the Parties, including by any official or organ of the Parties, Cantons, Municipalities, or any individual acting under the authority of such official or organ.

Page 93, Annex 6: Agreement on Human Rights, Appendix, Human Rights Agreements, 5.
1957 Convention on the Nationality of Married Women

Page 93, Annex 6: Agreement on Human Rights, Appendix, Human Rights Agreements, 10.
1979 Convention on the Elimination of All Forms of Discrimination against Women

Women, girls and gender

Participation
No specific mention.
Equality
No specific mention.
Particular groups of women
No specific mention.
International law
International human rights standards
Page 75, Annex 4: Constitution of Bosnia Herzegovina, Annex I: Additional Human Rights Agreements to be Applied in Bosnia and Herzegovina.
...
4. 1957 Convention on the Nationality of Married Women.
...
9. 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
New institutions
No specific mention.
Violence against women
No specific mention.
Transitional justice
No specific mention.
Institutional reform
Constitution-making/reform
Page 75, Annex 4: Constitution of Bosnia Herzegovina, Annex I: Additional Human Rights Agreements to be Applied in Bosnia and Herzegovina. ... 4. 1957 Convention on the Nationality of Married Women. ... 9. 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Development
No specific mention.
Implementation
No specific mention.
Other
No specific mention.

The University of Edinburgh