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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.


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
    Groups→Racial/ethnic/national group→Substantive
    Page 2, 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.
  • 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, Roads in the Sarajevo area
    ...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.

    Page 1, Roads in the Sarajevo area
    ...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.

    Page 2, Free choice of place of residence - Item 5 (Carter Agreement)
    ...The parties will meet regularly with the international consultative committee, comprising 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.

    Page 2, Prisoners of war
    Both parties affirm their readiness to fulfil their obligations concerning the exchange of prisoners of war and persons arrested 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 31 January 1995. The parties affirm that they will accept and implement the plan and procedure that will be proposed by the ICRC.
  • 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

    No specific mention.

  • 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. Roads in the Sarajevo area
    a) Sarajevo - Visoko road In all respects as per the Agreement of 17 March 1994

    Page 1, 1. Roads in the Sarajevo area
    ...b) Grbavica bridge crossing In all respects as per the Agreement of 17 March 1994
    For the purpose of further 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.

    Page 1, Roads in the Sarajevo area
    ...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.

    Page 1, 1. Roads in the Sarajevo area
    ...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.

    Page 2, 1. Roads in the Sarajevo area
    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.

    Page 2, 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 secmity. 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...

    Page 3, Final provisions
    ...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.
  • 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, Roads in the Sarajevo area
    ...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.

    Page 1, Roads in the Sarajevo area
    ...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.

    Page 2, Roads in the Sarajevo area
    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.
  • 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, 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.
  • 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 2, 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 31 January 1995. The parties affirm that they will accept and implement the plan and procedure that will be proposed by the ICRC.
  • Vetting

    No specific mention.

  • Victims

    No specific mention.

  • Missing persons

    No specific mention.

  • Reparations

    No specific mention.

  • Reconciliation

    No specific mention.


Implementation

  • UN signatory
    Signature illegible, UNPROFOR representative
  • Other international signatory

    No specific mention.

  • Referendum for agreement

    No specific mention.

  • International mission/force/similar
    Page 2, Roads in the Sarajevo area
    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.

    Page 2, Free choice of place of residence - Item 5 (Carter Agreement)
    ...The parties will meet regularly with the international consultative committee, comprising 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.
  • Enforcement mechanism

    No specific mention.

  • Related cases

    No specific mention.

  • Source
    ICTY Court Records, Karadzic and Mladic trial exhibit D04839.E
    http://icr.icty.org/

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