Protocol on Realisation of Agreement on Cessation of Hostilities of 31 December 1994 for Items 5, 6 and 8 and the Agreement on Freedom of Movement in the Area of Sarajevo of 17 March 1994

• Country/entity

  Bosnia and Herzegovina
  Yugoslavia (former)
  
• Region

  Europe and Eurasia
  Europe and Eurasia
  
• Agreement name

  Protocol on Realisation of Agreement on Cessation of Hostilities of 31 December 1994 for Items 5, 6 and 8 and the Agreement on Freedom of Movement in the Area of Sarajevo of 17 March 1994
• Date

  23 Jan 1995
• 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

  Hasan Muratovic; UNPROFOR; Momcillo Krajsnik; [other signature illegible]
• Third parties

  -
• Description

  This agreement commits parties to implementing the Agreement on Cessations of Hostilities of 31 December 1994 and the Agreement on Freedom of Movement of 17 March 1994. It provides for re-opening roads in the Sarajevo area for humanitarian access, the free choice of place of residence for citizens, and exchange of prisoners.

• Agreement document

  BA_950123_Protocol on Implementation.pdf | Download PDF

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

PROTOCOL ON IMPLEMENTATION OF THE AGREEMENT ON CESSATION OF HOSTILITIES OF 31 DECEMBER 1994 FOR ITEMS 5, 6 AND 8 AND THE AGREEMENT ON FREEDOM OF MOVEMENT IN THE AREA OF SARAJEVO OF 17 MARCH 1994

Affirming their commitment to maintain the cessation of hostilities and their readiness to carry out the obligations undertaken on the basis of the agreements reached with the mediation of Mr. Jimmy CARTER and the Agreement on Total Cessation of Hostilities dated 31 December 1994, the parties adopt the following protocol:

1. Roads in the Sarajevo area

a) Sarajevo - Visoko road

In all respects as per the Agreement of 17 March 1994

b) Grbavica bridge crossing

In all respects as per the Agreement of 17 March 1994

For the purpose of fmther liberalisation of freedom of movement, the flow of movement over the bridge in Grbavica will increase in both directions.

A special commission will work out the means of this liberalisation in more detail.

c) Dobrinja - Butmir and Lukavica - Ilidfa (via airport) roads

According to the Agreement on Freedom of Movement in the Sarajevo Area, the Dobrinja - Butmir and Lukavica - Ilidfa roads are reserved for humanitarian aid transports organised by official international organizations.

In order to improve freedom of movement during the period covered by the Agreement on Cessation of Hostilities, the parties agree to ensure that the following humanitarian organisations can also cross through the airport:

Merhamet, Dobrotvor, La Benevolencija, Caritas and Adra, under special procedures and conditions that will be agreed directly between the parties by 1 February 1995.

The roads will be opened by 1 February 1995 at the latest.

Civilian traffic will proceed under the provisions of the Agreement on

Freedom of Movement in Sarajevo of 17 March 1994.

Convoys carrying humanitarian aid on the Butmir - Dobrinja and Ilidia - Lukavica roads will be inspected jointly by three inspectors from each of the parties, in the presence of UN staff in the role of observers.

Possible disputes in either direction are to be settled by authorised representatives of both parties, with the help of UN representatives.

2. Free choice of place of residence - Item 5 (Carter Agreement)

Each citizen in each place under the control of any of the parties has the right, during implementation of the Agreement on Cessation of Hostilities of 31 December 1994, to change their place of residence with their safety guaranteed.

Both parties guarantee that they will not force citizens to change their place of residence.

UNPROFOR will assist in changes of place of residence with transport, logistics and security.

Citizens themselves will submit a written request for changing their place of residence, and the responsible authorities will approve the request.

Each side

individually will prescribe procedures for approving places of residence.

Each side has the right to request, and the other side is obliged to approve, changes of place of residence for those citizens who state in writing that such a request was not granted under the regular procedure.

For citizens who change their place of residence pursuant to this agreement and then, for any reason, request to return to their previous place of residence (change of decision), approval to return will be given under the same procedure.

The parties will meet regularly with the international consultative committee, compising representatives of UNPROFOR (Civilian Affairs), UNHCR and the UN Centre for Human Rights, in order to present those cases in which the parties were unable to reach any decision.

The consultative committee will review these cases and offer its opinion.

The parties may decide to include the ICRC, within its mandate, in the work of the consultative committee as well.

3. Prisoners of war

Both parties affirm their readiness to fulfil their obligations concerning the exchange of prisoners of war and persons anested in connection with the war, under the Agreement on Cessation of Hostilities of 31 December 1994, and request that the ICRC draft a detailed plan by 31January1995.

The parties affirm that they will accept and implement the plan and procedure that will be proposed by the ICRC.

4. Social welfare and medical evacuation

The parties have agreed to carry out as soon as possible, and by 31 January 1995 at the latest, a medical and social welfare-medical evacuation from Gorazde.

This includes documented medical cases pursuant to a request by the Gorazde authorities and social welfare cases among Serbian inhabitants of Gorazde.

Final Provisions

This protocol is closely tied to implementation of the Agreement on Total Cessation of Hostilities of 31 December 1994, and further refines the Agreement on Freedom of Movement of 17 March 1994.

The entire protocol will be in force for as long as the Agreement on Cessation of Hostilities of 31 December 1994 is in force.

In the event that the Agreement on Cessation of Hostilities of 31 December 1994 is extended, this Protocol will also be extended.

Each party has the right to suspend implementation of the protocol if the other party does not adhere to the agreement defined in this document or other signed documents.

The parties have agreed to continue discussion of implementation of the Agreement on Freedom of Movement of 17 March 1994.

The parties will continue discussions on joint economic activities pursuant to item 7 of the Agreement on Cessation of Hostilities and the related broadening of rights to use the road through the airport.

Airport, 23 January 1995