Agreement on the Passage of Humanitarian Convoys (Makarska Agreement)
Export agreement coding (PDF)- Country/entityBosnia and Herzegovina
Yugoslavia (former) - RegionEurope and Eurasia
Europe and Eurasia - Agreement nameAgreement on the Passage of Humanitarian Convoys (Makarska Agreement)
- Date10 Jul 1993
- Agreement statusMultiparty signed/agreed
- Interim arrangementYes
- Agreement/conflict levelIntrastate/intrastate conflict ( )
- StagePre-negotiation/process
- Conflict natureGovernment/territory
- Peace processBosnia peace process
- PartiesFor the Government of the Republic of Bosnia and Herzegovina - Hadzo Efendic; For the Croatian Defence Council- Dr. Jadranko Prlic
- Third partiesWitnessed by representatives of the: Government of the Republic of Croatia- Dr. Mate Granic; International Committee for the Red Cross - C. Von Flue; United Nations High Commissioner for Refugees - Anthony C. Land; UNPROFOR- William Veennvliet
- DescriptionThis agreement provides for the free passage and distribution of humanitarian aid by the UNHCR and the ICRC. The parties commit to not hindering the delivery, including provision to hold uncontrolled armed elements accountable for any disruption to aid flows.
- Agreement document
Groups
- Children/youth
No specific mention.
- Disabled persons
No specific mention.
- Elderly/age
No specific mention.
- Migrant workers
No specific mention.
- Racial/ethnic/national groupGroups→Racial/ethnic/national group→Anti-discriminationPage 1, 2.
To respect the rules of operation of the International Commitee of the Red Cross and the United Nations High Commissioner for Refugees and the organization of the delivery and distribution of humanitarian aid, to facilitate the delivery of such assistance to those for whom it is intended without any discrimination on the basis of national origin or religion; - Religious groupsGroups→Religious groups→Anti-discriminationPage 1, 2.
To respect the rules of operation of the International Commitee of the Red Cross and the United Nations High Commissioner for Refugees and the organization of the delivery and distribution of humanitarian aid, to facilitate the delivery of such assistance to those for whom it is intended without any discrimination on the basis of national origin or religion; - Indigenous people
No specific mention.
- Other groups
No specific mention.
- Refugees/displaced personsGroups→Refugees/displaced persons→SubstantivePage 2, 5.
To ensure that representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the logistical center of the Republic of Bosnia and Herzegovina for Humanitarian Aid on the territory of the Republic of Croatia will jointly control the loading, packaging and distribution planning of humanitarian convoys to the Republic of Bosnia and Herzegovina Within the framework of the Protocol on Logistical Centers and laws of the Republic of Croatia. Representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the Logistical Center of the Republic of Bosnia and Herzegovjna shall issue documentation that a load has been searched and approved, and that all the important details about the weight, transport and individuals participating in the convoy and the intended path of travel to be marked; (ineligib1e);
Page 3,
...For the realization of this Agreement will be prepare plans for the initiation of
humanitarian convoys, of which the first will be prepared immediately, but will be
realized no later than 15 July, 1993. Plans will be prepared by representatives of the
Ministry of Commerce, Tourism and Industry of the Government of Bosnia and Herzegovina and the Croatian Defence Council Office for Displaced Persons and Refugees. The ICRC and UNHCR will plan their own convoys independently in agreement with the parties to this agreement... - 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 societyPage 1, 2.
To respect the rules of operation of the International Commitee of the Red Cross and the United Nations High Commissioner for Refugees and the organization of the delivery and distribution of humanitarian aid, to facilitate the delivery of such assistance to those for whom it is intended without any discrimination on the basis of national origin or religion;
Page 2, 9.
To ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shall ensure the unhindered passage for all international humanitarian convoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.
Page 3,
...For the realization of this Agreement will be prepare plans for the initiation of
humanitarian convoys, of which the first will be prepared immediately, but will be
realized no later than 15 July, 1993. Plans will be prepared by representatives of the
Ministry of Commerce, Tourism and Industry of the Government of Bosnia and Herzegovina and the Croatian Defence Council Office for Displaced Persons and Refugees. The ICRC and UNHCR will plan their own convoys independently in agreement with the parties to this agreement...
Page 3
...For the realization of the aforementioned obligations a Joint Commission composed of
representatives of the Croatian Defence Council and the Ministry of Commerce, Tourism and Industry of the Republic of Bosnia and Herzegovina. The nomination of representatives for this Commission will be implemented no later than 15 July, 1993, when the Commission will begin with its operations. Representatives of the International Committee of the Red Cross, the United Nations High Commissioner for Refugees and UNPROFOR will be called upon according to the need to participate in meetings of the Commission. The Commission in performing its duties will abide by the principles of equality and proportionality in the distribution of humanitarian assistance to the population. - 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 incorporationPage 1, Untitled preamble
...taking into account the Agreement signed in Geneva, under the auspices of the International Committee of the Red Cross, 22 May, 1992. and all other provisions of international humanitarian law;
Page 2, 4.
To undertake all necessary measures to prevent any violations of international humanitarian law; - 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/accessPage 1, Untitled preamble
In response to the problems inhibiting the free passage of humanitarian aid to the farthest destination in the Republic of Bosnia and Herzegovina; cognizant of the critical humanitarian situation on the territory of the Republic of Bosnia and Herzegovina, the imperative for the unhindered passage of humanitarian convoys and that all aid arrived to its destination as soon as possible:...
Page 2, 3.
To undertake all necessary measures to guarantee direct access to the beneficiaries and to ensure the safety and security of all personnel involved, which includes full
responsibility of the parties for acts committed by so called uncontrolled groups, and to guarantee that no duties are required or imposed;
Page 2, 6.
To ensure that the representatives of the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina, in their respective zones of responsibility without stopping and controlling guarantee the movement of humanitarian convoys in the most safe and according to the circumstances along the shortest route possible;
Page 2, 7.
To respect the route of movement of a convoy confirmed in the freight documentation;
Page 2, 9.
To ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shall ensure the unhindered passage for all international humanitarian convoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.
Page 3
...With the purpose of the most effective delivery of humanitarian assistance the Army of the Republic of Bosnia and Herzegovina and the Croatian Defence Council shall ensure the free passage of humanitarian assistance along every major traffic route, including major traffic route Capljina-Mostar-Jablanica-Konjic-Tartin... - 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 reconstructionSocio-economic reconstruction→Development or socio-economic reconstruction→Humanitarian assistance[Summary] The agreement in its entirety provides for the free flow of humanitarian assistance to areas of Bosnia.
Page 1, Untitled preamble
In response to the problems inhibiting the free passage of humanitarian aid to the farthest destination in the Republic of Bosnia and Herzegovina; cognizant of the critical humanitarian situation on the territory of the Republic of Bosnia and Herzegovina, the imperative for the unhindered passage of humanitarian convoys and that all aid arrived to its destination as soon as possible: determined to alleviate any further suffering of the civilian population through the delivery of humanitarian assistance in the Republic of Bosnia and Herzegovina;...
Page 1, 1.
To create the necessary conditions and assumed full responsibility for the safe and
unhindered delivery and distribution of humanitarian aid;
Page 1, 2.
To respect the rules of operation of the International Commitee of the Red Cross and the United Nations High Commissioner for Refugees and the organization of the delivery and distribution of humanitarian aid, to facilitate the delivery of such assistance to those for whom it is intended without any discrimination on the basis of national origin or religion;
Page 2, 5.
To ensure that representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the logistical center of the Republic of Bosnia and Herzegovina for Humanitarian Aid on the territory of the Republic of Croatia will jointly control the loading, packaging and distribution planning of humanitarian convoys to the Republic of Bosnia and Herzegovina Within the framework of the Protocol on Logistical Centers and laws of the Republic of Croatia. Representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the
Logistical Center of the Republic of Bosnia and Herzegovjna shall issue documentation that a load has been searched and approved, and that all the important details about the weight, transport and individuals participating in the convoy and the intended path of travel to be marked; (ineligib1e);
Page 2, 6.
To ensure that the representatives of the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina, in their respective zones of responsibility without stopping and controlling guarantee the movement of humanitarian convoys in the most safe and according to the circumstances along the shortest route possible;
Page 2, 9.
To ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shall ensure the unhindered passage for all international humanitarian convoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.
Page 2-3
...Power supply in the service of humanitarian purposes, to be decided by a Joint Commission, will also be treated as humanitarian assistance.
Page 3
...For the realization of this Agreement will be prepare plans for the initiation of
humanitarian convoys, of which the first will be prepared immediately, but will be
realized no later than 15 July, 1993. Plans will be prepared by representatives of the
Ministry of Commerce, Tourism and Industry of the Government of Bosnia and Herzegovina and the Croatian Defence Council Office for Displaced Persons and Refugees. The ICRC and UNHCR will plan their own convoys independently in agreement with the parties to this agreement...
Page 3
...With the purpose of the most effective delivery of humanitarian assistance the Army of the Republic of Bosnia and Herzegovina and the Croatian Defence Council shall ensure the free passage of humanitarian assistance along every major traffic route, including major traffic route Capljina-Mostar-Jablanica-Konjic-Tartin...
Page 3
...For the realization of the aforementioned obligations a Joint Commission composed of
representatives of the Croatian Defence Council and the Ministry of Commerce, Tourism and Industry of the Republic of Bosnia and Herzegovina. The nomination of representatives for this Commission will be implemented no later than 15 July, 1993, when the Commission will begin with its operations. Representatives of the International Committee of the Red Cross, the United Nations High Commissioner for Refugees and UNPROFOR will be called upon according to the need to participate in meetings of the Commission. The Commission in performing its duties will abide by the principles of equality and proportionality in the distribution of humanitarian assistance to the population. - 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
No specific mention.
- Ceasefire
No specific mention.
- Police
No specific mention.
- Armed forcesPage 2, 6.
To ensure that the representatives of the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina, in their respective zones of responsibility without stopping and controlling guarantee the movement of humanitarian convoys in the most safe and according to the circumstances along the shortest route possible;
Page 2, 8.
That the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina on the territory under their control appoint responsible representatives for the purposes of notification of humanitarian convoys and liaison;
Page 2, 9.
To ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shall ensure the unhindered passage for all international humanitarian convoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.
Page 3
...With the purpose of the most effective delivery of humanitarian assistance the Army of the Republic of Bosnia and Herzegovina and the Croatian Defence Council shall ensure the free passage of humanitarian assistance along every major traffic route, including major traffic route Capljina-Mostar-Jablanica-Konjic-Tartin... - DDR
No specific mention.
- Intelligence services
No specific mention.
- Parastatal/rebel and opposition group forcesPage 2, 3.
To undertake all necessary measures to guarantee direct access to the beneficiaries and to ensure the safety and security of all personnel involved, which includes full
responsibility of the parties for acts committed by so called uncontrolled groups, and to guarantee that no duties are required or imposed;
Page 2, 5.
To ensure that representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the logistical center of the Republic of Bosnia and Herzegovina for Humanitarian Aid on the territory of the Republic of Croatia will jointly control the loading, packaging and distribution planning of humanitarian convoys to the Republic of Bosnia and Herzegovina Within the framework of the Protocol on Logistical Centers and laws of the Republic of Croatia. Representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the Logistical Center of the Republic of Bosnia and Herzegovjna shall issue documentation that a load has been searched and approved, and that all the important details about the weight, transport and individuals participating in the convoy and the intended path of travel to be marked; (ineligib1e);
Page 2, 6.
To ensure that the representatives of the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina, in their respective zones of responsibility without stopping and controlling guarantee the movement of humanitarian convoys in the most safe and according to the circumstances along the shortest route possible;
Page 2, 8.
That the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina on the territory under their control appoint responsible representatives for the purposes of notification of humanitarian convoys and liaison;
Page 2, 9.
To ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shall ensure the unhindered passage for all international humanitarian convoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.
Page 3
...With the purpose of the most effective delivery of humanitarian assistance the Army of the Republic of Bosnia and Herzegovina and the Croatian Defence Council shall ensure the free passage of humanitarian assistance along every major traffic route, including major traffic route Capljina-Mostar-Jablanica-Konjic-Tartin... - 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 releasePage 3
...Every individual involved with a humanitarian convoy which are unlawfully deprived of their freedom will be released immediately, and unlawfully seized transported goods will
be returned to their owners no later than thirty days... - Vetting
No specific mention.
- Victims
No specific mention.
- Missing persons
No specific mention.
- Reparations
No specific mention.
- Reconciliation
No specific mention.
Implementation
- UN signatoryWitnessed by: United Nations High Commissioner for Refugees - Anthony C. Land; UNPROFOR- William Veennvliet
- Other international signatory
No specific mention.
- Referendum for agreement
No specific mention.
- International mission/force/similar
No specific mention.
- Enforcement mechanismPage 3
...For the realization of the aforementioned obligations a Joint Commission composed of
representatives of the Croatian Defence Council and the Ministry of Commerce, Tourism and Industry of the Republic of Bosnia and Herzegovina. The nomination of representatives for this Commission will be implemented no later than 15 July, 1993, when the Commission will begin with its operations. Representatives of the International Committee of the Red Cross, the United Nations High Commissioner for Refugees and UNPROFOR will be called upon according to the need to participate in meetings of the Commission. The Commission in performing its duties will abide by the principles of equality and proportionality in the distribution of humanitarian assistance to the population. - Related cases
No specific mention.
- SourceICTY Court Records, Prlic et. al trial exhibit P10264.E
http://www.icty.org/
Agreement on the Passage of Humanitarian Convoys
In response to the problems inhibiting the free passage of humanitarian aid to the farthest destination in the Republic of Bosnia and Herzegovina;
cognizant of the critical humanitarian situation on the territory of the Republic of Bosnia and Herzegovina, the imperative for the unhindered passage of humanitarian convoys and that all aid arrived to its destination as soon as possible:
• determined to alleviate any further suffering of the civilian population through the delivery of humanitarian assistance in the Republic of Bosnia and Herzegovina;
• taking inco account the Agreement signed in Geneva, under the auspices of the International Committee of the Red Cross, 22 May, 1992.
and all other provisions of international humanitarian law;
• recalling the Protocol on the Co-operation of the Government of the Republic of Croatia and the Government of the Republic of Bosnia and Herzegovina concerning the Establishment of Logistic Centers in the Republic of Croatia for the Acceptance and Distribution of the Humanitarian Assistance Directed to the Republic of Bosnia and Herzegovina, signed in Zagreb, on 25 February, 1992;
• recalling the Medugorje Agreement concluded on 18 May, 1993;
• according to the relevant United Nations Security Council resolutions;
The Government of the Republic of Bon$ia and Herzegovina and the Croatian Defence Council, with the support of the Oo,;ernr.:lem of the Republic of Croatia, the International Committee of the Red Cross (ICRC), the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Protection Forces (UNPROFOR).
bind themselves:
1. to create the necessary conditions and assumed full responsibility for the safe and unhindered delivery and distribution of humanicarlan aid:
2. to respect the rules of operatinn of the International Commitee of the Red Cross and the Unired Narions High Commissioner for Refugees and the organization of the delivery and distribution of humanicarian aid, to facilitate the delivery of such assistance to those for whom it is intended wirhout any discrimination on the basis of national origin or religion;
3. to undertake all necessary measures to guarantee direct access to the beneficiaries and to ensure the safety and security of all personnel involved, which includes full responsibility of the parties for acts committed by so called uncontrolled groups, and to guarantee that no duties are required or imposed;
4. to undertake all necessary measures to prevem any violations of international humanitarian law;
5. to ensure that representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the logistical center of the Republic of Bosnla and Herzegovina for Humanitarian Aid on the territory of the Republic of Croatia will jointly control the loading, packaging and distribution planning of humanitarian convoys to the the Republic of Bosnia and Herzegovina within the framework of the Protocol on Logistical Centers and laws of the Republic of Croatia.
Representatives of the Croatian Defence Council Office for Displaced Persons and Refugees and authorized personnel of the Logistical Center of the Republic of Bosnia and Herzegovina shall issue documentation that a load has been se.arched and approved, and that all the important details about the weight, transport and individuals participating in the convoy and the intended path of travel to be marked;
(ineligib1e);
·
6. to ensure that the representatives of the Croatian Defence Council and the Army of the Republic of Bosnia and Herz:
egoYina, in their respective zones of responsibility without stopping and controlling guarantee the movement of humanitarian convoys in the most safe and according to the circumstances along the shortest route possible;
7. to respect the route of movement of a convoy confirmed in the freight documentation;
8. that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina on the territory under their control appoint responsible represenratives for the purposes of notification of humanitarian convoys and liaison;
9. to ensure that the Croatian Defence Council and the Army of the Republic of Bosnia and Herzegovina shan ensure the unhindered passage for all international humanitarian conYoys as well as convoys of non-governmental organizations, in accordance with the provisions of this Agreement.
Power supply in the service of humanitarian purposes, to be decided by a Joint Commission, will also be treated as humanitarian assistance.
For the realization of this Agreement will be prepare plans for the initiation of humanitarian convoys, of which the first will be prepared immediately, but will be realized no later than 15 July, 1993.
Plans will be prepared by representatives of the Ministry of Commerce, Tourism and Industry of the Government of Bosnia.
and Herzegovina and the Croatian Defence Council Office for Displaced Persons and Refugees.
The ICRC and UNHCR will plan their own convoys independently in agreement with the parties to this agreement.
With the purpose of the most effective delivery of humanitarian assistance the Army of the Republic of Bosnia and Herzegovina and the Croatian Defence Council shall ensure the free passage of humanitarian assistance along every major traffic route, including major traffic route Capljna-Mostar-Jablanica-Konjic-Tartin.
Every individual involved with a humanitarian convoy which are unlawfully deprived of their freedom will be released immediately, and unlawfully seized transported goods will be returned to their owners no later than thirty days.
For the realization of the aforementioned obligations a Joint Commission composed of representatives of the Croatian Defence Council and the Ministry of Commerce, Tourism and Industry of the Republic of Bosnia and Herzegovina.
The nomination of representatives for this Commission will be implemented no later than l5 July, 1993, when the Commission will begin with its operations.
Representatives of the lnternational Committee of the Red Cross, the United Nations High Commissioner for Refugees and UNPROFOR will be called upon according to the need to participate in meetings of the Commission.
The Commission in performing its duties will abide by the principles of equality and proportionality in the distribution of humanitarian assistance to the
population.
This Agreemenr shall not prejudice any political resolution.
The Agreement comes into force on the day it is signed.
For the Government of the Republic of Bosnia and Herregovina - Hadzo Efendic
For the Croatian Defence Council - Dr. Jadranko Prlic
This Agreement was reached in Makarska, Republic of Croatia, 10 July, 1993, and witnessed by representatives of the Government of the Republic of Croatia - Dr. Mate Granic
International Committee for the Red Cross - C. Von Flue
United Nations High Commissioner for refugees - Anthony C. Land