Principles for Freedom of Movement (COHA implementation)

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Country/entity
Bosnia and Herzegovina
Yugoslavia (former)
Region
Europe and Eurasia
Europe and Eurasia
Agreement name
Principles for Freedom of Movement (COHA implementation)
Date
31 Jan 1995
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
Stage
Ceasefire/related
Conflict nature
Government/territory
Peace process
Bosnia peace process
Parties
BHC representative, J. W. Brinkman, Brigadier-General; HQ SA representative, Z. Tolimir, Major-General
Third parties
-
Description
This agreement implements paragraph 5 of the Agreement on Complete Cessation of Hostilities signed on 31 December 1994, for freedom of movement of UNPROFOR convoys and other UNPROFOR mobility across Serb-held territory.

Agreement document
BA_950131_Principles for Freedom of Movement.pdf | Download PDF

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
No specific mention.
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. Aim
These principles define the appropriate procedures regarding freedom of movement, as stated in paragraph 5 of the Agreement on Complete Cessation of Hostilities signed on 31 December 1994. These principles specifically refer to UNPROFOR movements on Serb held territory.

Page 1, 4. Routes
UNPROFOR convoys will follow the shortest route for which they get clearance to their destination. Details will be given in the notification.

Page 2, 5. Aircraft
UNPROFOR helicopters will enjoy freedom of movement after notification on the announced and approved route of flying. There will be a check on the ground on an agreed location.
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
No specific mention.
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
Security sector→Ceasefire→General commitments
[Summary] The freedom of movement arrangements in this agreement are agreed on in order to implement a cessation of hostilities agreement.

Page 1, Aim
These principles define the appropriate procedures regarding freedom of movement, as stated in paragraph 5 of the Agreement on Complete Cessation of Hostilities signed on 31 December 1994. These principles specifically refer to UNPROFOR movements on Serb held territory.
Police
No specific mention.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
Page 1, 2. Notification
a. UNPROFOR will notify the Serbian Army authorities 48 hours in advance of convoy movements and 24 hours for single vehicles.
b. Movement of single vehicles regarding UNMO's, HQ commanders and staff officers and Liaison Officers will be dealt with in a separate agreement.
c. Approval for convoy movement will be given by the Serbian Army HQ. In case of disapproval of a convoy, the Serbian authority is obliged to give a proper explanation stating the reason(s) of refusal of the particular convoy.

Page 1, 3. Control
Convoys may be checked only once by a S.A. checkpoint. This regards both ingoing and outgoing convoy movement. The check of the convoy will last as short as possible. If goods not stated on the notification are found, a more detailed check will he made. Goods not mentioned on the notification will be allowed to return on their convoy to their starting points. Goods which are not notified and for which transport is forbidden will be taken into secure storage. A joint S.A - UNPROFOR commission will discuss the final decision regarding these goods. A list of forbidden goods will he handed over to UNPROFOR by the Serbian Army HQ.
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
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
No specific mention.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
Page 1, 1. Aim
These principles define the appropriate procedures regarding freedom of movement, as stated in paragraph 5 of the Agreement on Complete Cessation of Hostilities signed on 31 December 1994. These principles specifically refer to UNPROFOR movements on Serb held territory.

Page 1, 2. Notification
a. UNPROFOR will notify the Serbian Army authorities 48 hours in advance of convoy movements and 24 hours for single vehicles.
b. Movement of single vehicles regarding UNMO's, HQ commanders and staff officers and Liaison Officers will be dealt with in a separate agreement...

Page 1, 3. Control
Convoys may be checked only once by a S.A. checkpoint. This regards both ingoing and outgoing convoy movement. The check of the convoy will last as short as possible. If goods not stated on the notification are found, a more detailed check will he made. Goods not mentioned on the notification will be allowed to return on their convoy to their starting points. Goods which are not notified and for which transport is forbidden will be taken into secure storage. A joint S.A - UNPROFOR commission will discuss the final decision regarding these goods. A list of forbidden goods will he handed over to UNPROFOR by the Serbian Army HQ.

Page 1, 4. Routes
UNPROFOR convoys will follow the shortest route for which they get clearance to their destination. Details will be given in the notification.

Page 2, 5. Aircraft
UNPROFOR helicopters will enjoy freedom of movement after notification on the announced and approved route of flying. There will be a check on the ground on an agreed location.
Enforcement mechanism
No specific mention.
Related cases
No specific mention.
Source
ICTY Court Records, Karadzic trial exhibit D00077
http://icr.icty.org/

31 JAN 1995

PRINCIPLES FOR FREEDOM OF MOVEMENT

1. Aim.

These principles define the appropriate procedures regarding freedom of movement, as stated in paragraph 5 of the Agreement on Complete Cessation of Hostilities signed on 31 December 1994.

These principles specifically refer to UNPROFOR movements on Serb held territory.

2. Notification.

a. UNPROFOR will notify the Serbian Army authorities 48 hours in advance of convoy movements and 24 hours for single vehicles.

b. Movement of single vehicles regarding UNMO's, HQ commanders and staff officers and Liaison Officers will be dealt with in a separate agreement.

c. Approval for convoy movement will be given by the Serbian Army HQ.

In case of disapproval of a convoy, the Serbian authority is obliged to give a proper explanation stating the reason(s) of refusal of the particular convoy.

3. Control.

Convoys may be checked only once by a S.A. checkpoint.

This regards both ingoing and outgoing convoy movement.

The check of the convoy will last as short as possible.

If goods not stated on the notification are found, a more detailed check will he made.

Goods not mentioned on the notification will be allowed to return on their convoy to their starting points.

Goods which are not notified and for which transport is forbidden will be taken into secure storage.

A joint S.A - UNPROFOR commission will discuss the final decision regarding these goods.

A list of forbidden goods will he handed over to UNPROFOR by the Serbian Army HQ.

4. Routes.

UNPROFOR convoys will follow the shortest route for which they get clearance to their destination.

Details will be given in the notification.

5. Aircraft.

UNPROFOR helicopters will enjoy freedom of movement after notification on the announced and approved route of flying.

There will be a check on the ground on an agreed location.

6. Evaluation.

The aforementioned principles will come into effect on 1 February 1995.

Evaluation will take place not later than 30 days after signing of this document.

Lukavica, 3I January I995