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Guiding Basic Principles for Negotiations on a Settlement of Eastern Slavonia, Baranja and Western Sirmium

  • Country/entity

    Croatia
    Yugoslavia (former)
  • Region

    Europe and Eurasia
    Europe and Eurasia
  • Agreement name

    Guiding Basic Principles for Negotiations on a Settlement of Eastern Slavonia, Baranja and Western Sirmium
  • Date

    3 Oct 1995
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Interstate/intrastate conflict(s) ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
  • Stage

    Pre-negotiation/process
  • Conflict nature

    Government/territory
  • Peace process

    Croatia negotiation process
  • Parties

    Unclear who signed, believed to be representatives of the Croatian government and representatives of local Serb forces
  • Third parties

    Unclear, believed to have been negotiated by US Ambassador to Croatia, Peter Galbraith, and supported by International Conference on former Yugoslavia (ICFY) co-chairman, Thorvald Stoltenberg.
  • Description

    This agree establishes a transition period for the region of Eastern Slavonia, Southern Baranja and Western Sirium, a transitional authority established by the United Nations Security Council. It provides for international forces to monitor the transition, a transitional police force, and to facilitate refugee return and property recover.


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
    Groups→Racial/ethnic/national group→Substantive
    Page 1, 2.
    A transitional authority shall be established by the United Nations Security Council to administer the region during the transition period. Such authority shall include a mechanism to represent the interests of the Government of Croatia, the local Serbs, returning Croatian refugees and displaced persons, and ethnic minorities.

    Page 1, 5.
    The transitional authority shall establish a transitional police force in which Croats and Serbs are represented. Other ethnic groups shall also be represented in the police force in the regions where they are present.

    Page 1, 9.
    The right to return, to recover property, to receive compensation for non-recoverable property, and to receive assistance in reconstruction of damaged property shall be equally available to all Croatian citizens and persons eligible for Croatian citizenship, without regard to ethnicity.
  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Substantive
    Page 1, 2.
    A transitional authority shall be established by the United Nations Security Council to
    administer the region during the transition period. Such authority shall include a
    mechanism to represent the interests of the Government of Croatia, the local Serbs,
    returning Croatian refugees and displaced persons, and ethnic minorities.

    Page 1, 4.
    The transitional authority will facilitate the return of refugees and displaced persons to
    their homes. It will also take steps to reestablish Croatian institutions in the region (such as telephone service, post offices, banks, utilities, pension offices, passport and citizenship offices, etc.).

    Page 1, 7.
    All Croatian citizens and persons eligible for Croatian citizenship, including all refugees and displaced persons, have the right to return freely to their places of residence and reside there in conditions of security.
  • 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

  • Nature of state (general)

    No specific mention.

  • State configuration

    No specific mention.

  • Self determination

    No specific mention.

  • Referendum

    No specific mention.

  • State symbols

    No specific mention.

  • Independence/secession

    No specific mention.

  • Accession/unification

    No specific mention.

  • Border delimitation

    No specific mention.

  • Cross-border provision

    No specific mention.


Governance

  • Political institutions (new or reformed)
    Governance→Political institutions (new or reformed)→Temporary new institutions
    Page 1, 2.
    A transitional authority shall be established by the United Nations Security Council to
    administer the region during the transition period. Such authority shall include a
    mechanism to represent the interests of the Government of Croatia, the local Serbs,
    returning Croatian refugees and displaced persons, and ethnic minorities.
  • Elections
    Page 1, 11.
    After the end of the transitional period, elections for local administration shall be held.
  • 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.

  • Constitution

    No specific mention.


Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing
    Power sharing→Territorial power sharing→Other
    Page 1, 1.
    A transition period shall be established for the region.

    Page 1, 2.
    A transitional authority shall be established by the United Nations Security Council to
    administer the region during the transition period. Such authority shall include a
    mechanism to represent the interests of the Government of Croatia, the local Serbs,
    returning Croatian refugees and displaced persons, and ethnic minorities.
  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 1, 10.
    The international community will provide guarantees of the terms of and of the human rights protections established in the settlement. These guarantees would include the presence of international monitors for an agreed period of time in the region both during and following the transition. This work shall not be impeded.
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation
    Page 1, 6.
    Internationally recognized human rights and fundamental freedoms will receive the highest
    respect from all levels of government throughout the Republic of Croatia.
  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship
    Rights related issues→Citizenship→Citizens, specific rights
    Page 1, 7.
    All Croatian citizens and persons eligible for Croatian citizenship, including all refugees and displaced persons, have the right to return freely to their places of residence and reside there in conditions of security.

    Page 1, 9.
    The right to return, to recover property, to receive compensation for non-recoverable
    property, and to receive assistance in reconstruction of damaged property shall be equally
    available to all Croatian citizens and persons eligible for Croatian citizenship, without
    regard to ethnicity.
  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Governance of media
    Page 1, 4.
    The transitional authority will facilitate the return of refugees and displaced persons to their homes. It will also take steps to reestablish Croatian institutions in the region (such as telephone service, post offices, banks, utilities, pension offices, passport and citizenship offices, etc.).
  • Mobility/access

    No specific mention.

  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI

    No specific mention.

  • Regional or international human rights institutions

    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
    Socio-economic reconstruction→Development or socio-economic reconstruction→Infrastructure and reconstruction
    Page 1, 9.
    The right to return, to recover property, to receive compensation for non-recoverable property, and to receive assistance in reconstruction of damaged property shall be equally available to all Croatian citizens and persons eligible for Croatian citizenship, without regard to ethnicity.
  • 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
    Socio-economic reconstruction→Banks→Personal or commercial banking
    Page 1, 4.
    The transitional authority will facilitate the return of refugees and displaced persons to their homes. It will also take steps to reestablish Croatian institutions in the region (such as telephone service, post offices, banks, utilities, pension offices, passport and citizenship offices, etc.).

Land, property and environment

  • Land reform/rights
    Land, property and environment→Land reform/rights→Property return and restitution
    Page 1, 8.
    All persons have the right to have restored to them any property of which they were
    deprived by unlawful acts or forced to abandon and to be compensated for any property
    which cannot be restored to them.

    Page 1, 9.
    The right to return, to recover property, to receive compensation for non-recoverable
    property, and to receive assistance in reconstruction of damaged property shall be equally
    available to all Croatian citizens and persons eligible for Croatian citizenship, without
    regard to ethnicity
  • 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
    Page 1, 5.
    The transitional authority shall establish a transitional police force in which Croats and Serbs are represented. Other ethnic groups shall also be represented in the police force in the regions where they are present.
  • 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
    Transitional justice→Reparations→Material reparations
    Page 1, 8.
    All persons have the right to have restored to them any property of which they were
    deprived by unlawful acts or forced to abandon and to be compensated for any property
    which cannot be restored to them.

    Page 1, 9.
    The right to return, to recover property, to receive compensation for non-recoverable
    property, and to receive assistance in reconstruction of damaged property shall be equally
    available to all Croatian citizens and persons eligible for Croatian citizenship, without
    regard to ethnicity.
  • Reconciliation

    No specific mention.


Implementation

  • UN signatory
    Unclear, believed to have been negotiated by US Ambassador to Croatia, Peter
    Galbraith, and supported by International Conference on former Yugoslavia (ICFY) co-chairman, Thorvald Stoltenberg.
  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 1, 2.
    A transitional authority shall be established by the United Nations Security Council to
    administer the region during the transition period. Such authority shall include a
    mechanism to represent the interests of the Government of Croatia, the local Serbs,
    returning Croatian refugees and displaced persons, and ethnic minorities.

    Page 1, 3.
    International forces shall be stationed within the region during the transition to maintain the peace and enforce compliance with the final settlement. The region shall otherwise be demilitarized during the transition.

    Page 1, 10.
    The international community will provide guarantees of the terms of and of the human rights protections established in the settlement. These guarantees would include the presence of international monitors for an agreed period of time in the region both during and following the transition. This work shall not be impeded.
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Mladen Klemenčić and Clive Schofield, War and Peace on the Danube: The Evolution of the Croatia-Serbia Boundary, International Boundaries Research Unit, Boundary & Territory Briefing, Volume 3, Number 3, 2001, p. 53

Guiding Basic Principles for Negotiations on a Settlement of Eastern Slavonia, Southern Baranja and Western Sirmium

1. A transition period shall be established for the region.

2. A transitional authority shall be established by the United Nations Security Council to administer the region during the transition period.

Such authority shall include a mechanism to represent the interests of the Government of Croatia, the local Serbs, returning Croatian refugees and displaced persons, and ethnic minorities.

3. International forces shall be stationed within the region during the transition to maintain the peace and enforce compliance with the final settlement.

The region shall otherwise be demilitarized during the transition.

4. The transitional authority will facilitate the return of refugees and displaced persons to their homes.

It will also take steps to reestablish Croatian institutions in the region (such as telephone service, post offices, banks, utilities, pension offices, passport and citizenship

offices, etc.).

5. The transitional authority shall establish a transitional police force in which Croats and Serbs are represented.

Other ethnic groups shall also be represented in the police force in the regions where they are present.

6. Internationally recognized human rights and fundamental freedoms will receive the highest respect from all levels of government throughout the Republic of Croatia.

7. All Croatian citizens and persons eligible for Croatian citizenship, including all refugees and displaced persons, have the right to return freely to their places of residence and reside there in conditions of security.

8. All persons have the right to have restored to them any property of which they were deprived by unlawful acts or forced to abandon and to be compensated for any property which cannot be restored to them.

9. The right to return, to recover property, to receive compensation for non-recoverable property, and to receive assistance in reconstruction of damaged property shall be equally available to all Croatian citizens and persons eligible for Croatian citizenship, without regard to ethnicity.

10. The international community will provide guarantees of the terms of and of the human rights protections established in the settlement.

These guarantees would include the presence of international monitors for an agreed period of time in the region both during and following the transition.

This work shall not be impeded.

11. After the end of the transitional period, elections for local administration shall be held.