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Petersberg Declaration on the Federation of Bosnia and Herzegovina

  • Country/entity

    Bosnia and Herzegovina
    Yugoslavia (former)
  • Region

    Europe and Eurasia
    Europe and Eurasia
  • Agreement name

    Petersberg Declaration on the Federation of Bosnia and Herzegovina
  • Date

    25 Apr 1996
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

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

    Implementation/renegotiation
  • Conflict nature

    Government/territory
  • Peace process

    Bosnia peace process
  • Parties

    Kresimir ZUBAK President of the Federation of Bosnia and Herzegovina; Izudin KAPETANOVIC Prime Minister of the Federation of Bosnia and Herzegovina; Hasan MURATOVIC; Prime Minister of Bosnia and Herzegovina; Ejub GANIC Vice President of the Federation of Bosnia and Herzegovina; Drago BILANDZIJA Federation Finance Minister and Deputy Prime Minister of the Federation of Bosnia and Herzegovina; Jadranko PRLIC Foreign Minister of Bosnia and Herzegovina
  • Third parties

    As witnesses: Mate GRANIC, Foreign Minister, Republic of Croatia; Peter TARNOFF, Under Secretary of State, United States of America; Wolfgang ISCHINGER, Political Director, Federal Republic of Germany; Ambassador Michael, STEINER Principal Deputy High Representative
  • Description

    This agreement to implement unfulfilled provisions of the Sarajevo Agreement, and is divided into key areas: federation implementation, human rights institutions, media issues, police issues, and economic issues.


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→Anti-discrimination
    Page 2, Federation implementation, 9.
    We reaffirm the commitment under the Rome Statement on Sarajevo of 18 February 1996 that there will be equal treatment and non-discrimination for Bosniacs, Croats, Serbs and Others in Sarajevo...
  • Religious groups

    No specific mention.

  • Indigenous people

    No specific mention.

  • Other groups

    No specific mention.

  • Refugees/displaced persons
    Groups→Refugees/displaced persons→Rhetorical
    Page 2, 7.
    We reiterate our commitment with regard to the provisions of the Peace Agreement that all refugees and displaced persons have the right to return to their homes in the whole territory of Bosnia and Herzegovina with full protection of their human and other rights.

    Page 2, Federation implementation, 9.
    We reaffirm the commitment under the Rome Statement on Sarajevo of 18 February 1996 that there will be equal treatment and non-discrimination for Bosniacs, Croats, Serbs and Others in Sarajevo. This includes, in line with paragraph 7 above, the right of return for refugees and displaced persons of all peoples that left Sarajevo and the full protection of their human and other rights. It also means that all these peoples will have the opportunity to participate fully in the governance of the city. The Joint Civilian Commission Sarajevo will continue to function, as stipulated in the Rome Statement, as a consultative and coordinating body for this purpose.

    Page 3, Human rights issues, 13.
    We acknowledge the full realization of human rights throughout the Federation as a precondition for durable political and social stabilization and a return of refugees to their homes.
  • 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
    Page 2-3, Federation implementation, 10.
    We stress the importance of an agreed solution for the future organizational structure of Sarajevo which takes account not only of the interests of all of the peoples concerned, but also of the role of Sarajevo as the capital of Bosnia and Herzegovina and of the Federation of Bosnia and Herzegovina.
  • 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)→General references
    Page 1, 4.
    We reiterate our strong commitment to the speedy implementation and full functioning of the Federation and all its institutions. We reaffirm our commitment to the Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina of 10 November 1995 and to the obligations of the General Framework Agreement for Peace in Bosnia and Herzegovina of 14 December 1995. We confirm our support for the Rome Statement of 18 February 1996, the Geneva Statement of 18 March 1996 and the Sarajevo Agreement on the Federation of 30 March 1996. We commit ourselves to the full and rapid implementation of those provisions of the Sarajevo Agreement that have not yet been fulfilled.

    Page 2, Federation implementation, 8.
    While welcoming recent progress in the constitution of the Cantons of the Federation, we stress the necessity to establish in full the legislative and executive structures of all Cantons and Municipalities throughout the Federation, by the time of the Federation Forum in Washington on 14 May 1996, and with reference to the provisions in Article 5 above.
  • Elections
    Page 2, 6.
    Acknowledging the key role the city of Mostar plays for the Federation, we reiterate our support for the European Union Administrator of Mostar and the early holding of elections in the city in May.
  • 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→Federal or similar sub-divided government
    Page 1, 4.
    We reiterate our strong commitment to the speedy implementation and full functioning of the Federation and all its institutions. We reaffirm our commitment to the Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina of 10 November 1995 and to the obligations of the General Framework Agreement for Peace in Bosnia and Herzegovina of 14 December 1995. We confirm our support for the Rome Statement of 18 February 1996, the Geneva Statement of 18 March 1996 and the Sarajevo Agreement on the Federation of 30 March 1996. We commit ourselves to the full and rapid implementation of those provisions of the Sarajevo Agreement that have not yet been fulfilled.

    Page 2, 5.
    We take note with appreciation of the reports of the Federation Mediator and the Federation Arbitrator on their work concerning the resolution of disputes within the Federation. We continue to support the Federation Mediator and the Federation Arbitrator in their efforts to review contentious issues regarding the implementation of the Federation and call upon all those concerned to respect fully and implement the letter and spirit of their decisions.

    Page 2-3, Federation implementation, 10.
    We stress the importance of an agreed solution for the future organizational structure of Sarajevo which takes account not only of the interests of all of the peoples concerned, but also of the role of Sarajevo as the capital of Bosnia and Herzegovina and of the Federation of Bosnia and Herzegovina.

    Page 4, Police issues, 19.
    We support the Agreement on restructuring the police of the Federation of Bosnia and Herzegovina concluded in Bonn-Petersberg today; we also welcome that the inaugural session of the Police Commission responsible for the implementation of the Agreement took place here today.

    Page 4, Police issues, 20.
    We reaffirm that a united policing structure designed to contribute to support the functioning of democratic institutions is one of the essentials to the success of the Federation. It will support the democratic system and protect internationally accepted human rights and fundamental freedoms.

    Page 4, Police issues, 21.
    We welcome the presentation of the newly designed grey Federation police uniforms today in Bonn-Petersberg that will be used by all uniformed police operating throughout the Federation, as has been decided by the Federation Government. This uniform is an important symbol of our commitment to the restructuring of policing in the Federation.

    Page 4-5, Economic issues, 23.
    The Government of Bosnia and Herzegovina and the Government of the Federation, according to their respective responsibilities, have to adopt all decisions about spending and distribution of international support to the State, especially in so far as bilateral assistance is concerned.

    Page 5, Economic issues, 24.
    We acknowledge that the international community will only be in a position to translate the pledges of assistance which were made at the Brussels Donor Conference and were pledged to the Federation into concrete projects and financial flows, when the administrative, economic and executive structures of the receiving side are properly established on the levels of the Federation Government, the Cantons and Municipalities.

    Page 5, Economic issues, 26.
    We note that the World Bank supports the building up of key economic institutions of the Federation, as agreed in paragraph 7 of the Sarajevo Agreement on the Federation, i.e.:
    - the Federation customs administration is fully operational (all Federation revenue accounts are open, and uninterrupted transfer of customs revenue into these accounts takes place and proper monitoring and control of all international border crossing is assured, in accordance with the Sarajevo Agreement);
    - the Federation Payments Bureau is fully integrated and operates as a unique system;
    - the Federation Assembly adopts a Federation Law on the Federation Banking Agency and its Director and Deputy Director are appointed.
    We agree that these steps are essential for commercial development and economic reconstruction. We furthermore agree that the Federal Law on Tax Administration will be enacted.

    Page 5, Economic issues, 27.
    We note the intention of the Federation Government to present a Law on the Federation Privatization Agency to the Federation Assembly.
    Power sharing→Territorial power sharing→Local/municipal government
    Page 2, 6.
    Acknowledging the key role the city of Mostar plays for the Federation, we reiterate our support for the European Union Administrator of Mostar and the early holding of elections in the city in May.

    Page 2, Federation implementation, 8.
    While welcoming recent progress in the constitution of the Cantons of the Federation, we stress the necessity to establish in full the legislative and executive structures of all Cantons and Municipalities throughout the Federation, by the time of the Federation Forum in Washington on 14 May 1996, and with reference to the provisions in Article 5 above.

    Page 3, Federation implementation, 11.
    We endorse the agreement in principle concerning the future organization of Sarajevo which stipulates that Sarajevo shall, in the future, be organized in three layers: an overarching Canton with its suburban Municipalities, a City consisting of the urban core Municipalities, and a Capital District under the authority of Bosnia and Herzegovina around those buildings that are essential for the functioning of Bosnia and Herzegovina as a whole.

    Page 3, Federation implementation, 12.
    We call upon the Federation partners and all political parties concerned to come to a rapid consensus concerning the legal and practical implementation of this solution for Sarajevo.

    Page 3, Human rights, 14.
    To enhance efforts in the field of human rights, the Federation President and Vice President, respectively, shall each have the authority to appoint an official of high moral standing in each Cantonal Administration to serve as Human Rights Officer for this Canton.

    Page 3, Human rights, 15.
    These Human Rights Officers will report through the Federation Liaison Officers on the human rights situation in their respective Cantons, with a special emphasis on the fields of freedom of movement, freedom of religion, freedom of media and of political expression and freedom of association. These Human Rights Officers shall have no executive functions in exercising their mandate.

    Page 5, Economic issues, 24.
    We acknowledge that the international community will only be in a position to translate the pledges of assistance which were made at the Brussels Donor Conference and were pledged to the Federation into concrete projects and financial flows, when the administrative, economic and executive structures of the receiving side are properly established on the levels of the Federation Government, the Cantons and Municipalities.
  • Economic power sharing
    Power sharing→Economic power sharing→Sharing of resources
    Page 4-5, Economic:

    23. The Government of Bosnia and Herzegovina and the Government of the
    Federation, according to their respective responsibilities, have to adopt all
    decisions about spending and distribution of international support to the State, especially in so far as bilateral assistance is concerned.

    Page 5, Economic issues, 26.
    We note that the World Bank supports the building up of key economic institutions of the Federation, as agreed in paragraph 7 of the Sarajevo Agreement on the Federation, i.e.:
    - the Federation customs administration is fully operational (all Federation revenue accounts are open, and uninterrupted transfer of customs revenue into these accounts takes place and proper monitoring and control of all international border crossing is assured, in accordance with the Sarajevo Agreement);
    - the Federation Payments Bureau is fully integrated and operates as a unique system;
    - the Federation Assembly adopts a Federation Law on the Federation Banking Agency and its Director and Deputy Director are appointed.
    We agree that these steps are essential for commercial development and economic reconstruction. We furthermore agree that the Federal Law on Tax Administration will be enacted.

    Page 5, Economic issues, 27.
    We note the intention of the Federation Government to present a Law on the Federation Privatization Agency to the Federation Assembly.
  • Military power sharing
    Power sharing→Military power sharing→Proportionality
    Page 4, Policing Issues
    l9. We support the Agreement on restructuring the police of the Federation of Bosnia and
    Herzegovina concluded in Bonn-Petersberg today; we also welcome that the inaugural session of the
    Police Commission responsible for the implementation of the Agreement took place here today.

    20. We reaffirm that a united policing structure designed to contribute to support the functioning of democratic institutions is one of the essentials to the success of the Federation. It will support the democratic system and protect internationally accepted human rights and fundamental freedoms.

    21. We welcome the presentation of the newly designed grey Federation
    police uniforms today in Bonn-Petersberg that will be used by all uniformed police operating throughout the Federation, as has been decided by the Federation Government. This uniform is an important symbol of our commitment to the restructuring of policing in the Federation

Human rights and equality

  • Human rights/RoL general
    Page 2, 7.
    We reiterate our commitment with regard to the provisions of the Peace Agreement that all refugees and displaced persons have the right to return to their homes in the whole territory of Bosnia and Herzegovina with full protection of their human and other rights.

    Page 2, Federation implementation, 9.
    We reaffirm the commitment under the Rome Statement on Sarajevo of 18 February 1996 that there will be equal treatment and non-discrimination for Bosniacs, Croats, Serbs and Others in Sarajevo. This includes, in line with paragraph 7 above, the right of return for refugees and displaced persons of all peoples that left Sarajevo and the full protection of their human and other rights. It also means that all these peoples will have the opportunity to participate fully in the governance of the city. The Joint Civilian Commission Sarajevo will continue to function, as stipulated in the Rome Statement, as a consultative and coordinating body for this purpose.

    Page 3, Human rights issues, 13.
    We acknowledge the full realization of human rights throughout the Federation as a precondition for durable political and social stabilization and a return of refugees to their homes.
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation
    Page 4, Police issues, 20.
    We reaffirm that a united policing structure designed to contribute to support the functioning of democratic institutions is one of the essentials to the success of the Federation. It will support the democratic system and protect internationally accepted human rights and fundamental freedoms.
  • Civil and political rights
    Human rights and equality→Civil and political rights→Equality
    Page 2, Federation implementation, 9.
    We reaffirm the commitment under the Rome Statement on Sarajevo of 18 February 1996 that there will be equal treatment and non-discrimination for Bosniacs, Croats, Serbs and Others in Sarajevo. This includes, in line with paragraph 7 above, the right of return for refugees and displaced persons of all peoples that left Sarajevo and the full protection of their human and other rights. It also means that all these peoples will have the opportunity to participate fully in the governance of the city. The Joint Civilian Commission Sarajevo will continue to function, as stipulated in the Rome Statement, as a consultative and coordinating body for this purpose.
    Human rights and equality→Civil and political rights→Freedom of movement
    Page 3, Human rights, 15.
    These Human Rights Officers will report through the Federation Liaison Officers on the human rights situation in their respective Cantons, with a special emphasis on the fields of freedom of movement, freedom of religion, freedom of media and of political expression and freedom of association. These Human Rights Officers shall have no executive functions in exercising their mandate.
    Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
    Page 3, Human rights, 15.
    These Human Rights Officers will report through the Federation Liaison Officers on the human rights situation in their respective Cantons, with a special emphasis on the fields of freedom of movement, freedom of religion, freedom of media and of political expression and freedom of association. These Human Rights Officers shall have no executive functions in exercising their mandate.
  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship
    Rights related issues→Citizenship→Citizen, general
    Page 4, Media issues, 18.
    After consideration of the implementation of previous agreements on the Federation, we stress the importance of realizing the provisions on media contained in the Petersberg Agreement of 10 March 1995. With this in mind, the President and the Vice President of the Federation will submit this issue to the Federation Assembly, with a view to ensuring free access of all citizens and peoples to the public media.
  • Democracy
    Page 4, Police issues, 20.
    We reaffirm that a united policing structure designed to contribute to support the functioning of democratic institutions is one of the essentials to the success of the Federation. It will support the democratic system and protect internationally accepted human rights and fundamental freedoms.
  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Media roles
    Page 4, Media issues, 18.
    After consideration of the implementation of previous agreements on the Federation, we stress the importance of realizing the provisions on media contained in the Petersberg Agreement of 10 March 1995. With this in mind, the President and the Vice President of the Federation will submit this issue to the Federation Assembly, with a view to ensuring free access of all citizens and peoples to the public media.
    Rights related issues→Media and communication→Other
    Page 3, Human rights, 15.
    These Human Rights Officers will report through the Federation Liaison Officers on the human rights situation in their respective Cantons, with a special emphasis on the fields of freedom of movement, freedom of religion, freedom of media and of political expression and freedom of association. These Human Rights Officers shall have no executive functions in exercising their mandate.
  • Mobility/access

    No specific mention.

  • Protection measures
    Rights related issues→Protection measures→Protection of groups
    Page 2
    7. We reiterate our commitment with regard to the provisions of the Peace Agreement that all refugees and displaced persons have the right to return to their homes in the whole territory of Bosnia and Herzegovina with full protection of their human and other rights.

    9. We reaffirm the commitment under the Rome Statement on Sarajevo of 18
    February 1996 that there will be equal treatment and non-discrimination for
    Bosniacs, Croats, Serbs and Others in Sarajevo. This includes, in line with
    paragraph 7 above, the right of return for refugees and displaced persons of all
    peoples that left Sarajevo and the full protection of their human and other
    rights
  • Other

    No specific mention.


Rights institutions

  • NHRI
    Rights institutions→NHRI→New or fundamentally revised NHRI
    Page 3, Human rights, 14.
    To enhance efforts in the field of human rights, the Federation President and Vice President, respectively, shall each have the authority to appoint an official of high moral standing in each Cantonal Administration to serve as Human Rights Officer for this Canton.

    Page 3, Human rights, 15.
    These Human Rights Officers will report through the Federation Liaison Officers on the human rights situation in their respective Cantons, with a special emphasis on the fields of freedom of movement, freedom of religion, freedom of media and of political expression and freedom of association. These Human Rights Officers shall have no executive functions in exercising their mandate.

    Page 3, Human rights, 16.
    Amalgamated reports will be forwarded by the Federation Liaison Officers and be promptly forwarded to the Federation President, the Federation Vice President, the Federation Ombudsmen and the Office of the High Representative for consideration and action as appropriate.

    Page 3, Human rights, 17.
    The Office of the High Representative will provide appropriate assistance to facilitate their work.
  • 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→Socio-economic development
    Page 4, Economic issues, 22.
    Economic reconstruction is of key importance for reconciliation, reintegration and for a durable peace. The international community, at its Donors Conference in Brussels on 12/13 April 1996, pledged to provide an additional $1.23 billion in new commitments to meet the external financing needs for economic reconstruction and recovery. A large share of these funds is earmarked for the Federation.
  • National economic plan

    No specific mention.

  • Natural resources

    No specific mention.

  • International funds
    Page 4, Economic issues, 22.
    Economic reconstruction is of key importance for reconciliation, reintegration and for a durable peace. The international community, at its Donors Conference in Brussels on 12/13 April 1996, pledged to provide an additional $1.23 billion in new commitments to meet the external financing needs for economic reconstruction and recovery. A large share of these funds is earmarked for the Federation.

    Page 4-5, Economic issues, 23.
    The Government of Bosnia and Herzegovina and the Government of the Federation, according to their respective responsibilities, have to adopt all decisions about spending and distribution of international support to the State, especially in so far as bilateral assistance is concerned.

    Page 5, Economic issues, 24.
    We acknowledge that the international community will only be in a position to translate the pledges of assistance which were made at the Brussels Donor Conference and were pledged to the Federation into concrete projects and financial flows, when the administrative, economic and executive structures of the receiving side are properly established on the levels of the Federation Government, the Cantons and Municipalities.

    Page 5, Economic issues, 25.
    We welcome the proposal of the World Bank for a Structural Adjustment Credit of at least $ 110 million (IDA credit plus donor co-financing) to Bosnia and Herzegovina, proposed to be considered by its Board of Directors by the end of June 1996.
  • Business

    No specific mention.

  • Taxation
    Socio-economic reconstruction→Taxation→Reform of taxation
    Page 5, Economic issues, 26.
    We note that the World Bank supports the building up of key economic institutions of the Federation, as agreed in paragraph 7 of the Sarajevo Agreement on the Federation, i.e.:
    - the Federation customs administration is fully operational (all Federation revenue accounts are open, and uninterrupted transfer of customs revenue into these accounts takes place and proper monitoring and control of all international border crossing is assured, in accordance with the Sarajevo Agreement);... We furthermore agree that the Federal Law on Tax Administration will be enacted.
  • Banks
    Socio-economic reconstruction→Banks→Personal or commercial banking
    Page 5, Economic issues, 26.
    We note that the World Bank supports the building up of key economic institutions of the Federation, as agreed in paragraph 7 of the Sarajevo Agreement on the Federation, i.e.:
    ...- the Federation Assembly adopts a Federation Law on the Federation Banking Agency and its Director and Deputy Director are appointed.
    Socio-economic reconstruction→Banks→International finance
    Page 5, Economic issues, 25.
    We welcome the proposal of the World Bank for a Structural Adjustment Credit of at least $ 110 million (IDA credit plus donor co-financing) to Bosnia and Herzegovina, proposed to be considered by its Board of Directors by the end of June 1996.

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
    Page 4, Police issues, 19.
    We support the Agreement on restructuring the police of the Federation of Bosnia and Herzegovina concluded in Bonn-Petersberg today; we also welcome that the inaugural session of the Police Commission responsible for the implementation of the Agreement took place here today.

    Page 4, Police issues, 20.
    We reaffirm that a united policing structure designed to contribute to support the functioning of democratic institutions is one of the essentials to the success of the Federation. It will support the democratic system and protect internationally accepted human rights and fundamental freedoms.

    Page 4, Police issues, 21.
    We welcome the presentation of the newly designed grey Federation police uniforms today in Bonn-Petersberg that will be used by all uniformed police operating throughout the Federation, as has been decided by the Federation Government. This uniform is an important symbol of our commitment to the restructuring of policing in the Federation.
  • 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
    As witnesses: Mate GRANIC, Foreign Minister, Republic of Croatia; Peter TARNOFF, Under Secretary of State, United States of America; Wolfgang ISCHINGER, Political Director, Federal Republic of Germany; Ambassador Michael, STEINER Principal Deputy High Representative
  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism
    Page 5, Economic issues, 28.
    We reconfirm our commitment and obligations with respect to consequences of
    non-implementation as stipulated in paragraphs 9 to 13 of the Sarajevo Agreement.
  • Related cases

    No specific mention.

  • Source
    Snezana Trifunovska (ed.) Former Yugoslavia Through Documents: From its dissolution to the peace settlement (The Hague: Martinus Nijhoff 1999) pp. 564-568

PETERSBERG DECLARATION On the Federation of Bosnia and Herzegovina Bonn,

25 April 1996

1. Upon the invitation and under the chairmanship of German Foreign Minister Dr. Klaus Kinkel, High Officials from the Federation and the Government of Bosnia and Herzegovina, High Officials from the Governments of Germany, the United States of America and Croatia, from the Office of the High Representative, from the United Nations and from the World Bank, met in Bonn-Petersberg on 25 April 1996.

2. The meeting was, among others, attended by Federation President Kresimir Zubak, Federation Vice President Prof. Ejup Ganic, Federation Prime Minister Dr. Izudin Kapetanovic and his Deputy, Finance Minister Drago Bilandzija, Federation Minister of the Interior Avdo Hebib and his Deputy Jozo Leutar, the Prime Minister of Bosnia and Herzegovina Dr. Hasan Muratovic, the Foreign Ministers of Bosnia and Herzegovina Dr. Jadranko Prlic and of the Republic of Croatia Dr. Mate Granic, the U.S Under Secretary of State for Political Affairs Peter Tarnoff, the Political Director of the German Foreign Office Wolfgang Ischinger, Principal Deputy High Representative Ambassador Michael Steiner, Special Representative of the UN Secretary-General Iqbal Riza, Federation Mediator Dr. Christian Schwartz-Schilling and Federation Arbitrator Roberts Owen.

3. The participants thank Foreign Minister Dr. Klaus Kinkel for his invitation and the German Foreign Office and the Office of the High Representative for the preparation and organization of the meeting.

The participants came to the following conclusions:

4. We reiterate our strong commitment to the speedy implementation and full functioning of the Federation and all its institutions.

We reaffirm our commitment to the Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina of 10 November 1995 and to the obligations of the General Framework Agreement for Peace in Bosnia and Herzegovina of 14 December 1995.

We confirm our support for the Rome Statement of 18 February 1996, the Geneva Statement of 18 March 1996 and the Sarajevo Agreement on the Federation of 30 March 1996.

We commit ourselves to the full and rapid implementation of those provisions of the Sarajevo Agreement that have not yet been fulfilled.

5. We take note with appreciation of the reports of the Federation Mediator and the Federation Arbitrator on their work concerning the resolution of disputes within the Federation.

We continue to support the Federation Mediator and the Federation Arbitrator in their efforts to review contentious issues regarding the implementation of the Federation and call upon all those concerned to respect fully and implement the letter and spirit of their decisions.

6. Acknowledging the key role the city of Mostar plays for the Federation, we reiterate our support for the European Union Administrator of Mostar and the early holding of elections in the city in May.

7. We reiterate our commitment with regard to the provisions of the Peace Agreement that all refugees and displaced persons have the right to return to their homes in the whole territory of Bosnia and Herzegovina with full protection of their human and other rights.

Federation implementation:

8. While welcoming recent progress in the constitution of the Cantons of the Federation, we stress the necessity to establish in full the legislative and executive structures of all Cantons and Municipalities throughout the Federation, by the time of the Federation Forum in Washington on 14 May 1996, and with reference to the provisions in Article 5 above.

9. We reaffirm the commitment under the Rome Statement on Sarajevo of 18 February 1996 that there will be equal treatment and non-discrimination for Bosniacs, Croats, Serbs and Others in Sarajevo.

This includes, in line with paragraph 7 above, the right of return for refugees and displaced persons of all peoples that left Sarajevo and the full protection of their human and other rights.

It also means that all these peoples will have the opportunity to participate fully in the governance of the city.

The Joint Civilian Commission Sarajevo will continue to function, as stipulated in the Rome Statement, as a consultative and coordinating body for this purpose.

10. We stress the importance of an agreed solution for the future organizational structure of Sarajevo which takes account not only of the interests of all of the peoples concerned, but also of the role of Sarajevo as the capital of Bosnia and Herzegovina and of the Federation of Bosnia and Herzegovina.

11. We endorse the agreement in principle concerning the future organization of Sarajevo which stipulates that Sarajevo shall, in the future, be organized in three layers:

an overarching Canton with its suburban Municipalities, a City consisting of the urban core Municipalities, and a Capital District under the authority of Bosnia and Herzegovina around those buildings that are essential for the functioning of Bosnia and Herzegovina as a whole.

12. We call upon the Federation partners and all political parties concerned to come to a rapid consensus concerning the legal and practical implementation of this solution for Sarajevo.

Human rights issues:

13. We acknowledge the full realization of human rights throughout the Federation as a precondition for durable political and social stabilization and a return of refugees to their homes.

14. To enhance efforts in the field of human rights, the Federation President and Vice President, respectively, shall each have the authority to appoint an official of high moral standing in each Cantonal Administration to serve as Human Rights Officer for this Canton.

15. These Human Rights Officers will report through the Federation Liaison Officers on the human rights situation in their respective Cantons, with a special emphasis on the fields of freedom of movement, freedom of religion, freedom of media and of political expression and freedom of association.

These Human Rights Officers shall have no executive functions in exercising their mandate.

16. Amalgamated reports will be forwarded by the Federation Liaison Officers and be promptly forwarded to the Federation President, the Federation Vice President, the Federation Ombudsmen and the Office of the High Representative for consideration and action as appropriate.

17. The Office of the High Representative will provide appropriate assistance to facilitate their work.

Media issues:

18. After consideration of the implementation of previous agreements on the Federation, we stress the importance of realizing the provisions on media contained in the Petersberg Agreement of 10 March 1995.

With this in mind, the President and the Vice President of the Federation will submit this issue to the Federation Assembly, with a view to ensuring free access of all citizens and peoples to the public media.

Police issues:

19. We support the Agreement on restructuring the police of the Federation of Bosnia and Herzegovina concluded in Bonn-Petersberg today;

we also welcome that the inaugural session of the Police Commission responsible for the implementation of the Agreement took place here today.

20. We reaffirm that a united policing structure designed to contribute to support the functioning of democratic institutions is one of the essentials to the success of the Federation.

It will support the democratic system and protect internationally accepted human rights and fundamental freedoms.

21. We welcome the presentation of the newly designed grey Federation police uniforms today in Bonn-Petersberg that will be used by all uniformed police operating throughout the Federation, as has been decided by the Federation Government.

This uniform is an important symbol of our commitment to the restructuring of policing in the Federation.

Economic issues:

22. Economic reconstruction is of key importance for reconciliation, reintegration and for a durable peace.

The international community, at its Donors Conference in Brussels on 12/13 April 1996, pledged to provide an additional $ 1.23 billion in new commitments to meet the external financing needs for economic reconstruction and recovery.

A large share of these funds is earmarked for the Federation.

23. The Government of Bosnia and Herzegovina and the Government of the Federation, according to their respective responsibilities, have to adopt all decisions about spending and distribution of international support to the State, especially in so far as bilateral assistance is concerned.

24. We acknowledge that the international community will only be in a position to translate the pledges of assistance which were made at the Brussels Donor Conference and were pledged to the Federation into concrete projects and financial flows, when the administrative, economic and executive structures of the receiving side are properly established on the levels of the Federation Government, the Cantons and Municipalities.

25. We welcome the proposal of the World Bank for a Structural Adjustment Credit of at least $ 110 million (IDA credit plus donor co-financing) to Bosnia and Herzegovina, proposed to be considered by its Board of Directors by the end of June 1996.

26. We note that the World Bank supports the building up of key economic institutions of the Federation, as agreed in paragraph 7 of the Sarajevo Agreement on the Federation, i.e.:

- the Federation customs administration is fully operational (all Federation revenue accounts are open, and uninterrupted transfer of customs revenue into these accounts takes place and proper monitoring and control of all international border crossing is assured, in accordance with the Sarajevo Agreement);

- the Federation Payments Bureau is fully integrated and operates as a unique system;

- the Federation Assembly adopts a Federation Law on the Federation Banking Agency and its Director and Deputy Director are appointed.

We agree that these steps are essential for commercial development and economic reconstruction.

We furthermore agree that the Federal Law on Tax Administration will be enacted.

27. We note the intention of the Federation Government to present a Law on the Federation Privatization Agency to the Federation Assembly.

28. We reconfirm our commitment and obligations with respect to consequences of non-implementation as stipulated in paragraphs 9 to 13 of the Sarajevo Agreement.

Signed at Bonn-Petersberg on 25 April 1996

[Signed] Kresimir ZUBAK President of the Federation of Bosnia and Herzegovina

[Signed] Izudin KAPETANOVIC Prime Minister of the Federation of Bosnia and Herzegovina

[Signed] Hasan MURATOVIC Prime Minister of Bosnia and Herzegovina

[Signed] Ejub GANIC Vice President of the Federation of Bosnia and Herzegovina

[Signed] Drago BILANDZIJA Federation Finance Minister and Deputy Prime Minister of the Federation of Bosnia and Herzegovina

[Signed] Jadranko PRLIC Foreign Minister of Bosnia and Herzegovina

As witnesses:

[Signed] Mate GRANIC Foreign Minister, Republic of Croatia

[Signed] Peter TARNOFF Under Secretary of State, United States of America

[Signed] Wolfgang ISCHINGER Political Director, Federal Republic of Germany

[Signed] Ambassador Michael STEINER Principal Deputy High Representative