Sarajevo Declaration on the Humanitarian Treatment of Displaced Persons

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Sarajevo Declaration on the Humanitarian Treatment of Displaced Persons
Date: 11 Apr 1992
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
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.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: Alija Izetbegovic, President, Party of Democratic Action; Radovan Karadzic, President, Serbian Democratic Party; Miljenko Brkic, President, Croatian Democratic Community
Third parties: Under the auspices of: United Nations High Commissioner for Refugees, signed by Jose Maria Mendiluce, Special Envoy of the High Commission
Description: This short agreement between the leaders of the three main political parties in Bosnia-Herzegovina contains commitments to agreed humanitarian practices for responding to the displacement of civilians and related issues.

Agreement document: BA_920411_Sarajevo Declaration on the Humanitarian Treatment of Displaced Persons.pdf (opens in new tab) | Download PDF

Groups

Children/youth: Groups→Children/youth→Rhetorical
Page 1, Untitled preamble
Concerned by the tragedy of tens of thousands of people, most of them women, children and the elderly, who all suffer the bitter consequences of the conflict equally, regardless of their ethnic, religious or national origin.
Disabled persons: No specific mention.
Elderly/age: Groups→Elderly/age→Rhetorical
Page 1, Untitled preamble
Concerned by the tragedy of tens of thousands of people, most of them women, children and the elderly, who all suffer the bitter consequences of the conflict equally, regardless of their ethnic, religious or national origin
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Page 1, Untitled preamble
Concerned by the tragedy of tens of thousands of people, most of them women, children and the elderly, who all suffer the bitter consequences of the conflict equally, regardless of their ethnic, religious or national origin
Religious groups: Groups→Religious groups→Rhetorical
Page 1, Untitled preamble
Concerned by the tragedy of tens of thousands of people, most of them women, children and the elderly, who all suffer the bitter consequences of the conflict equally, regardless of their ethnic, religious or national origin
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 1, paragraph 1
Considering the particular problems of displaced persons in Bosnia and Hercegovina,

Page 1, paragraph 2
Acknowledging that they were compelled to leave their homes as a result of the conflict and tensions which affect the neighbouring Republics and some areas of Bosnia and Hercegovina, and which continue to generate new displacement,

Page 1, paragraph 4
Pledging to promote the respect of internationally recognized human rights, including those applying to displaced persons,

Page 1, paragraph 5
Affirming that voluntary return with full guarantees of security and non-discrimination is the basic right of the displaced and the best means to achieve a lasting solution to their plight,

Page 1, paragraph 6
Acknowledging the deteriorating economy in the Republic of Bosnia and Hercegovina, and the urgent need for increased assistance from the international community to alleviate the situation of the displaced and their host families,

Page 1, paragraph 7
To adhere to the principle that the treatment of displaced persons is to be based on strictly humanitarian, non-political and non-discriminatory criteria and that the drama of displacement is not to be misused for politics or sectarian ends,

Page 1, paragraph 8
To promote initiatives at the regional, municipal and local levels aimed at preventing further displacement and at establishing adequate guarantees to allow for the return of the displaced in Bosnia and Hercegovina to their places of origin or former residence,

Page 1, paragraph 9
To support the initiative to establish a tripartite commission between the Republic of Croatia, the Republic of Bosnia and Hercegovina and UNHCR to define principles, guarantees and procedures aimed at facilitating the return of displaced persons to the Republic of Croatia,

Page 2, paragraph 1
To express their gratitude and firm support to UNHCR for the role it is playing in assisting and protecting the displaced and in particular, for the initiatives being undertaken to encourage negotiation and dialogue among all relevant parties

Page 2, paragraph 2
To call upon all political structures and the supporters of the signatory parties, the military, the republican, municipal and local authorities and the inhabitants of Bosnia and Hercegovina, to cooperate with UNHCR and other international humanitarian organisations and to provide them the protection and support required for the fulfilment of their humanitarian functions,

Page 2, paragraph 3
To draw the attention of the international community to the grave economic situation in Bosnia and Hercegovina, aggravated by the prescence of close to 100,000 displaced persons in the Republic and to seek international support and cooperation both of a bilateral and multilateral basis, through UNHCR or other humanitarian agencies,
Social class: No specific mention.

Gender

Women, girls and gender: Page 1, paragraph 3
Concerned by the tragedy of tens of thousands of people, most of them women, children and the elderly, who all suffer the bitter consequences of the conflict equally, regardless of their ethnic, religious or national origin
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 2, paragraph 2
To call upon all political structures and the supporters of the signatory parties, the military, the republican, municipal and local authorities and the inhabitants of Bosnia and Hercegovina, to cooperate with UNHCR and other international humanitarian organisations and to provide them the protection and support required for the fulfilment of their humanitarian functions,

Page 2, paragraph 3
To draw the attention of the international community to the grave economic situation in Bosnia and Hercegovina, aggravated by the prescence of close to 100,000 displaced persons in the Republic and to seek international support and cooperation both of a bilateral and multilateral basis, through UNHCR or other humanitarian agencies,
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: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: Page 1, paragraph 4
Pledging to promote the respect of internationally recognized human rights, including those applying to displaced persons
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: No specific mention.
Protection measures: Rights related issues→Protection measures→Protection of groups
Page 2, To call upon all political structures and the supporters of the signatory parties, the military, the republican, municipal and local authorities and the inhabitants of Bosnia and Hercegovina, to cooperate with UNHCR and other international humanitarian organisations and to provide them the protection and support required for the fulfilment of their humanitarian functions,
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 2, paragraph 4
To promote the strengthening of the local, established relief structures in order to ensure the efficient distribution of assistance according to non-political, non-sectarian criteria,
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: Page 1, paragraph 6
Acknowledging the deteriorating economy in the Republic of Bosnia and Hercegovina, and the urgent need for increased assistance from the international community to alleviate the situation of the displaced and their host families
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: No specific mention.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 2, paragraph 2
To call upon all political structures and the supporters of the signatory parties, the military, the republican, municipal and local authorities and the inhabitants of Bosnia and Hercegovina, to cooperate with UNHCR and other international humanitarian organisations and to provide them the protection and support required for the fulfilment of their humanitarian functions,
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, paragraph 2
Acknowledging that they were compelled to leave their homes as a result of the conflict and tensions which affect the neighbouring Republics and some areas of Bosnia and Hercegovina, and which continue to generate new displacement,

Page 1, paragraph 3
Concerned by the tragedy of tens of thousands of people, most of them women, children and the elderly, who all suffer the bitter consequences of the conflict equally, regardless of their ethnic, religious or national origin
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: Under the auspices of: United Nations High Commissioner for Refugees, signed by Jose Maria Mendiluce, Special Envoy of the High Commission
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: Page 1, paragraph 9
To support the initiative to establish a tripartite commission between the Republic of Croatia, the Republic of Bosnia and Hercegovina and UNHCR to define principles, guarantees and procedures aimed at facilitating the return of displaced persons to the Republic of Croatia,

Page 2, paragraph 1
To express their gratitude and firm support to UNHCR for the role it is playing in assisting and protecting the displaced and in particular, for the initiatives being undertaken to encourage negotiation and dialogue among all relevant parties

Page 2, paragraph 2
To call upon all political structures and the supporters of the signatory parties, the military, the republican, municipal and local authorities and the inhabitants of Bosnia and Hercegovina, to cooperate with UNHCR and other international humanitarian organisations and to provide them the protection and support required for the fulfilment of their humanitarian functions,

Page 2, paragraph 3
To draw the attention of the international community to the grave economic situation in Bosnia and Hercegovina, aggravated by the prescence of close to 100,000 displaced persons in the Republic and to seek international support and cooperation both of a bilateral and multilateral basis, through UNHCR or other humanitarian agencies,
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Report of the Secretary-General pursuant to Security Council resolution 749 (1992), Annex III, pp.12-13
http://repository.un.org/discover

Sarajevo Declaration on the Humanitarian Treatment of Displaced Persons

The Party of Democratic Action (SDA), the Serbian Democratic Party (SDS) and the Croatian Democratic Community (HDZ), under the auspices of the Office of the United Nations High Comissioner for Refugees (UNHCR),

Considering the particular problems of displaced persons in Bosnia and Hercegovina,

Acknowledging that they were compelled to leave their homes as a result of the conflict and tensions which affect the neighbouring Republics and some areas of Bosnia and Hercegovina, and which continue to generate new displacement,

Concerned by the tragedy of tens of thousands of people, most of them women, children and the elderly, who all suffer the bitter consequences of the conflict equally, regardless of their ethnic, religious or national origin,

Pledging to promote the respect of internationally recognized human rights, including those applying to displaced persons,

Affirming that voluntary return with full guarantees of security and non-discrimination is the basic right of the displaced and the best means to achieve a lasting solution to their plight,

Acknowledging the deteriorating economy in the Republic of Bosnia and Hercegovina, and the urgent need for increased assistance from the international community to alleviate the situation of the displaced and their host families,

Agreed:

To adhere to the principle that the treatment of displaced persons is to be based on strictly humanitarian, non-political and non-discriminatory criteria and that the drama of displacement is not to be misused for politics or sectarian ends,

To promote initiatives at the regional, municipal and local levels aimed at preventing further displacement and at establishing adequate guarantees to allow for the return of the displaced in Bosnia and Hercegovina to their places of origin or former residence,

To support the initiative to establish a tripartite comission between the Republic of Croatia, the Republic of Bosnia and Hercegovina and UNHCR to define principles, guarantees and procedures aimed at facilitating the return of displaced persons to the Republic of Croatia,

To express their gratitude and firm support to UNHCR for the role it is playing in assisting and protecting the displaced and in particular, for the inititatives being undertaken to encourage negotiation and dialogue among all relevent parties,

To call upon all political structures and the supporters of the signatory parties, the military, the republican, municipal and local authorities and the inhabitants of Bosnia and Hercegovina, to cooperate with UNHCR and other international humanitarian organisations and to provide them the protection and support required for the fulfilment of their humanitarian functions,

To draw the attention of the international community to the grave economic situation in Bosnia and Herzegovina, aggravated by the presence of close to 100,000 displaced persons in the Republic and to seek international support and cooperation both on a bilateral and multilateral basis, through UNHCR or other humanitarian agencies,

To promote the strengthening of the local, established relief structures in order to ensure the efficient distribution of assistance according to non-political, non-sectarian criteria,

To meet again at the initiative of any one of the undersigned parties in order to evaluate the implementation of this agreement, and to adopt further resolutions as may be considered appropriate,

To disseminate this Declaration through all channels at the disposal of the undersigned,

Signed:

Alija Izetbegovic, President, Party of Democratic Action

Signed:

Radovan Karadzic, President, Serbian Democratic Party

Signed:

Miljenko Brkic, President, Croatian Democratic Community

Under the auspices of:

United Nations High Commissioner for Refugees

Signed:

Jose Maria Mendiluce, Special Envoy of the High Commision

Sarajevo Declaration on the Humanitarian Treatment of Displaced Persons

Groups

Gender

State definition

Governance

Power sharing

Human rights and equality

Rights related issues

Rights institutions

Justice sector reform

Socio-economic reconstruction

Land, property and environment

Security sector

Transitional justice

Implementation

Source agreement