Agreement between the Government of the Republic of Croatia and the United Nations Peace Forces (UNPF) - United Nations Confidence Restoration Operation (UNCRO) on temporary measures in the areas formerly known as 'Sector North' and 'Sector South'

  • Country/entity
    Croatia
    Yugoslavia (former)
  • Region
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    Agreement between the Government of the Republic of Croatia and the United Nations Peace Forces (UNPF) - United Nations Confidence Restoration Operation (UNCRO) on temporary measures in the areas formerly known as 'Sector North' and 'Sector South'
  • Date
    6 Aug 1995
  • Agreement status
    Unilateral document
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
  • Stage
    Framework/substantive - partial
  • Conflict nature
    Government/territory
  • Peace process
    Croatia negotiation process
  • Parties
    Hrvoje Sarinic, Republic of Croatia; Yasushi Akashi, United Nations Peace Forces
  • Third parties
    -
  • Description
    This short agreement outlines commitments of the Government of Croatia to protect the human rights of civilians in the former United Nations Protected Areas, including cooperation with UNMO human rights monitoring and the inviolability of UN premises, personnel and vehicles.


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

    No specific mention.

  • 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)

    No specific mention.

  • Elections

    No specific mention.

  • Electoral commission

    No specific mention.

  • Political parties reform

    No specific mention.

  • Civil society
    Page 1, 2.
    That, further to clause 1 above, Croatia concurs that UNCRO, together with UNHCR and ICRC where appropriate, will monitor and report on the human rights situation in the Areas, and intervene with the Croatian authorities on human rights matters when appropriate.

    Page 1, 3.
    That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

    Page 2, 4.
    That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent allowed by objective security considerations.
  • 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

    No specific mention.

  • Economic power sharing

    No specific mention.

  • Military power sharing

    No specific mention.


Human rights and equality

  • Human rights/RoL general
    Page 1, Untitled Preamble
    We the undersigned,...Dedicated to ensuring to the maximum extent possible the full protection of civilians and of their human rights...

    Page 1, 1.
    That Croatia expresses its complete and unequivocal commitment to the full respect for the human rights of all individuals in the Areas concerned, and guarantees that those rights will be respected by all Croatian authorities.

    Page 1, 2.
    That, further to clause 1 above, Croatia concurs that UNCRO, together with UNHCR and ICRC where appropriate, will monitor and report on the human rights situation in the Areas, and intervene with the Croatian authorities on human rights matters when appropriate.

    Page 2, 5.
    That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.
  • Bill of rights/similar

    No specific mention.

  • Treaty incorporation
    Page 1, Untitled Preamble
    We the undersigned,...Recognizing the need to ensure full respect for international human rights and humanitarian law...

    Page 1, 3.
    That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

    Page 2, 8.
    That, in conformity with its international obligations, Croatia reiterates the inviolability of United Nations premises and establishments, and its vehicles, and all
    those therein, and thus commits all Croat an authorities to fully respect such inviolability. Croatia further emphasizes that none of its authorities will seek to remove
    any person or persons from such United Nations premises, establishments or vehicles.
  • Civil and political rights

    No specific mention.

  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy

    No specific mention.

  • Detention procedures

    No specific mention.

  • Media and communication

    No specific mention.

  • Mobility/access
    Page 1, 3.
    That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

    Page 2, 4.
    That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent
    allowed by objective security considerations.
  • 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→Humanitarian assistance
    Page 1, Untitled Preamble
    We the undersigned,...Committed providing for the humanitarian needs of the civilian population affected by the hostilities in the Areas...

    Page 2, 4.
    That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent
    allowed by objective security considerations.
  • 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
    Page 2, 5.
    That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.

    Page 2, 6.
    That Croatia, and in particular its military authorities, will make every effort to ensure that civilian areas are not targeted by direct or indirect military fire as long as the hostilities continue.

    Page 2, 7.
    That, if UNCRO commanders become aware that local military personnel have departed from a specific location where only non-combatants are present, and that the 1ocation is under fire by Croatian forces, this information will be immediately passed to the Headquarters of the Croatian Army for appropriate action.
  • 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
    Page 1, 3.
    That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised. However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law. In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards
  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism
    .
  • 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
    Signed by Yasushi Akashi, United Nations Peace Forces
  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 2, 5.
    That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.

    Page 2, 7.
    That, if UNCRO commanders become aware that local military personnel have departed from a specific location where only non-combatants are present, and that the 1ocation is under
    fire by Croatian forces, this information will be immediately passed to the Headquarters of the Croatian Army for appropriate action.

    Page 2, 8.
    That, in conformity with its international obligations, Croatia reiterates the inviolability of United Nations premises and establishments, and its vehicles, and all those therein, and thus commits all Croat an authorities to fully respect such inviolability. Croatia further emphasizes that none of its authorities will seek to remove any person or persons from such United Nations premises, establishments or vehicles.
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    Reply of the Republic of Croatia, International Court of Justice, 20 December 2010, Annex 169, p. 326
    http://www.icj-cij.org/docket/index.php?p1=3&p2=3&k=73&case=118&code=cry

We the undersigned,

Concerned by the effects of the hostilities on the lives of civilians in the areas formerly known as "Sector North" and "Sector South" (hereinafter referred to as the Areas),

Committed to minimizing the loss of civilian life from hostilities,

Dedicated to ensuring to the maximum extent possible the full protection of civilians and of their human rights,

Committed providing for the humanitarian needs of the civilian population affected by the hostilities in the Areas,

Recognizing the need to ensure full respect for international human rights and humanitarian law,

Agree to the following,

1. That Croatia expresses its complete and unequivocal commitment to the full respect for the human rights of all individuals in the Areas concerned, and guarantees that those rights will be respected by all Croatian authorities.

2. That, further to clause 1 above, Croatia concurs that UNCRO, together with UNHCR and ICRC where appropriate, will monitor and report on the human rights situation in the Areas, and intervene with the Croatian authorities on human rights matters when appropriate.

3. That, further to clause 1 above, Croatia encourages all those previous inhabitants of the Republic of Croatia who so wish to remain peacefully in the areas over which Croatian authority is exercised.

However, Croatia will allow, with full guarantees for security, the departure from those areas of all those who express their desire to do so, except those who committed violations of international criminal law.

In the event of any such departures, Croatia pledges to allow UNCRO and humanitarian organizations, particularly UNHCR and the ICRC, to assist and coordinate such departures in conformity with recognized international standards.

4. That full access by UNCRO and by humanitarian organizations, particularly UNHCR and the ICRC, to the civilian population, for the purpose of providing for the humanitarian needs of the civilian population, will be assured by the authorities of Croatia, to the extent allowed by objective security considerations.

5. That UNMOs and human rights monitoring elements of UNCRO will carry out surveillance immediately in all areas except where, in the opinion of the local UNCRO military commanders after consulting Croatian army commanders, the security situation does not permit for such surveillance.

6. That Croatia, and in particular its military authorities, will make every effort to ensure that civilian areas are not targeted by direct or indirect military fire as long as the hostilities continue.

7. That, if UNCRO commanders become aware that local military personnel have departed from a specific location where only non-combatants are present, and that the 1ocation is under fire by Croatian forces, this information will be immediately passed to the Headquarters of the Croatian Army for appropriate action.

8. That, in conformity with its international obligations, Croatia reiterates the inviolability of United Nations premises and establishments, and its vehicles, and all those therein, and thus commits all Croat an authorities to fully respect such inviolability.

Croatia further emphasizes that none of its authorities will seek to remove any person or persons from such United Nations premises, establishments or vehicles.

9. That the future relations of the two parties in this matter will be defined as soon as possible.