Joint Declaration

  • Country/entity
    Bosnia and Herzegovina
    Yugoslavia (former)
  • Region
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    Joint Declaration
  • Date
    18 Nov 1993
  • Agreement status
    Multiparty signed/agreed
  • Interim arrangement
    Yes
  • Agreement/conflict level
    Intrastate/intrastate conflict ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
  • Stage
    Pre-negotiation/process
  • Conflict nature
    Government/territory
  • Peace process
    Bosnia peace process
  • Parties
    MR. H. SILAJDZIC, DR. R. KARADIZIC, MR. M. BOBAN
  • Third parties
    Chairmanship of Mrs. Ogata, United Nations High Commissioner for Refugees
  • Description
    This declaration outlines commitments by the parties to facilitate free passage of humanitarian aid, safety for all international actors when delivering aid, prisoner release facilitated by the ICRC and adherence to the Geneva conventions and other International Humanitarian Law.


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.
    Ensure complete and secure freedom of movement for all personnel of the UN and international humanitarian organizations;

    Page 1, 3.
    Allow UNHCR and ICRC to determine, without any conditionality or linkages, the content of humanitarian assistance, including priority winterization needs and all materials, supplies, gas and other fuel necessary for the survival of the civilian population, excluding, of course, materials of war, and to monitor that this assistance is not misused for military purposes;

    Page 1, 5.
    Release, in accordance with the principles of and arrangements made by the ICRC, all civilians unlawfully detained;
  • 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, 6.
    Ensure that the military and civilian administrations at all levels honour the above commitments and all others previously entered into with regard to the respect for freedom of movement and other human rights, the Geneva Conventions and other applicable international humanitarian law and humanitarian principles.
  • 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, 1.
    Ensure the delivery of humanitarian assistance by suspending hostilities and allowing free and unconditional access by the most effective land routes, as well as the repairs essential for the use of these routes;

    Page 1, 2.
    Ensure complete and secure freedom of movement for all personnel of the UN and international humanitarian organizations;

    Page 1, 6.
    Ensure that the military and civilian administrations at all levels honour the above commitments and all others previously entered into with regard to the respect for freedom of movement and other human rights, the Geneva Conventions and other applicable international humanitarian law and humanitarian principles.
  • 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, 1.
    Ensure the delivery of humanitarian assistance by suspending hostilities and allowing free and unconditional access by the most effective land routes, as well as the repairs essential for the use of these routes;

    Page 1, 3.
    Allow UNHCR and ICRC to determine, without any conditionality or linkages, the content of humanitarian assistance, including priority winterization needs and all materials, supplies, gas and other fuel necessary for the survival of the civilian population, excluding, of course, materials of war, and to monitor that this assistance is not misused for military purposes;

    Page 1, 4.
    Ensure that all humanitarian assistance reaches its intended civilian beneficiaries and is not diverted to the military or others;
  • 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 1, 3.
    Allow UNHCR and ICRC to determine, without any conditionality or linkages, the content of humanitarian assistance, including priority winterization needs and all materials, supplies, gas and other fuel necessary for the survival of the civilian population, excluding, of course, materials of war, and to monitor that this assistance is not misused for military purposes;

    Page 1, 4.
    Ensure that all humanitarian assistance reaches its intended civilian beneficiaries and is not diverted to the military or others;
  • 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

    No specific mention.

  • Amnesty/pardon

    No specific mention.

  • Courts

    No specific mention.

  • Mechanism

    No specific mention.

  • Prisoner release
    Page 1, 5.
    Release, in accordance with the principles of and arrangements made by the ICRC, all civilians unlawfully detained;
  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory
    Chairmanship of Mrs. Ogata, United Nations High Commissioner for Refugees
  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar

    No specific mention.

  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    B.G. Ramcharan (ed.) The International Conference on the Former Yugoslavia, volume 2 (The Hague: Kluwer Law International, 1997) pp. 1382-1383

COMMUNIQUE OF 18 NOVEMBER 1993 OF MR.

H. SILAJDZIC, DR.

R. KARADIZIC, MR.

M. BOBAN, AND MRS.

S. OGATA

Joint Declaration

Recognizing that a humanitarian catastrophe in Bosnia and Herzegovina cannot be averted this winter without peace, and conscious of the disaster already upon the civilian population with the onset of winter, the undersigned have today given, in the Humanitarian Issues Working Group of the International Conference on the Former Yugoslavia, under the Chairmanship of Mrs. Ogata, United Nations High Commissioner for Refugees, a joint and solemn commitment to:

1. Ensure the delivery of humanitarian assistance by suspending hostilities and allowing free and unconditional access by the most effective land routes, as well as the repairs essential for the use of these routes;

2. Ensure complete and secure freedom of movement for all personnel of the UN and international humanitarian organizations;

3. Allow UNHCR and ICRC to determine, without any conditionality or linkages, the content of humanitarian assistance, including priority winterization needs and all materials, supplies, gas and other fuel necessary for the survival of the civilian population, excluding, of course, materials of war, and to monitor that this assistance is not misused for military purposes;

4. Ensure that all humanitarian assistance reaches its intended civilian beneficiaries and is not diverted to the military or others;

5. Release, in accordance with the principles of and arrangements made by the ICRC, all civilians unlawfully detained;

6. Ensure that the military and civilian administrations at all levels honour the above commitments and all others previously entered into with regard to the respect for freedom of movement and other human rights, the Geneva Conventions and other applicable international humanitarian law and humanitarian principles.