Joint Declaration (on normalisation of relations between Federal Republic of Yugoslavia and Bosnia and Herzegovina)

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Country/entity: Bosnia and Herzegovina
Yugoslavia (former)
Region: Europe and Eurasia
Agreement name: Joint Declaration (on normalisation of relations between Federal Republic of Yugoslavia and Bosnia and Herzegovina)
Date: 3 Oct 1996
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Interstate/intrastate conflict(s)
Balkan Conflicts (1991 - 1995) (1998 - 2001)
Former Yugoslavia

The disintegration of former Yugoslavia post cold war saw conflicts which became mediated and produced peace agreements in Slovenia (where the brief independence conflict was mediated by the EC Troika in 1991), Croatia (between Croatian and Serb populations 1991-1995), in Bosnia (between Croatian, Serb and Bosniak populations 1992-1995), in Macedonia (where mediation played a key pre-emptive role in preventing large scale conflict in 2001), in Kosovo (between Kosovar Albanians and Serbian population and the Federal Republic of Yugoslavia (FRY), but also between FRY and NATO, 1998-1999), and a conflict in the Presevo Valley (between Albanians in South Serbia and FRY, 2000-2001). The continued fall-out of the disintegration of former Yugoslavia also saw mediated agreement and ultimate dissolution of the Union between Serbia and Montenegro.

Bosnia-Herzegovina

In 1991, after nationalist parties won the first multi-party elections in the Socialist Federal Republic of Yugoslavia, a violent process of disintegration commenced. With its mixed population, Bosnia-Herzegovina became the centre of the following civil war that began in 1992 between the newly formed army of the Republic of Bosnia and Herzegovina (mostly Muslim Bosniacs), and the parastatal forces of self-declared Bosnian Croat (Herzeg-Bosnia) and Bosnian Serb (Republika Srpska) entities within Bosnia-Herzegovina, supported by Croatia and Serbia, with various, often short-lived, coalitions. The General Framework Agreement (Dayton Peace Agreement), signed in 1995, split the country into two ethno-federal entities, the Bosniak-Croat Federation and the Republika Srpska, and included continued peacekeeping and institutional administration by international actors.

Kosovo

The conflict between Serbs and Kosovar Albanians has a long history and always involved territorial disputes as well as ethno-political, cultural and linguistic factors. The most recent phase of the conflict began in November 1997 when the Albanian Kosovo Liberation Army (KLA or UCK) began their campaign for the independence of Kosovo from the Federal Republic of Yugoslavia (FRY – then Serbia and Montenegro). The subsequent war lasted until the NATO intervention, which undertook bombing campaigns of Belgrade and other places in Serbia during spring 1999. The main agreements solving the conflict were internationally driven and, finally, a UNSC resolution imposed a post-conflict arrangement in the wake of what was essentially a NATO military victory. In February 2008, Kosovo’s parliament declared independence, but independence is still internationally disputed.
Stage: Implementation/renegotiation
Conflict nature: Government/territory
Peace process: Bosnia peace process
Parties: Slobodan Milosevic, Federal Republic of Yugoslavia
Alija lzetbegovic, Bosnia Herzegovina
Third parties: -
Description: An agreement establishing normalised relations between the Federal Republic of Yugoslavia and Bosnia Herzegovina

Agreement document: BA_961003_Joint Declaration.pdf (opens in new tab) | 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: Page 1, IV
The Federal Republic of Yugoslavia will respect the integrity of Bosnia and Hercegovina in accordance with the Dayton Agreement which affirmed the continuity of various forms of statal organization of Bosnia and Hercegovina that the peoples of Bosnia and Hercegovina had during their history. Bosnia and Hercegovina accepts the State continuity of the Federal Republic of Yugoslavia. Both sides agree to resolve issues of succession on the basis of the rules of international law on succession of States and by agreement.
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: Rights related issues→Citizenship→Citizens, specific rights
Page 1, V
Ensuring pre-conditions for resolving all outstanding issues in the spirit of peace and cooperation, the Federal Republic of Yugoslavia and Bosnia and Hercegovina will:
- establish mutual diplomatic relations at the level of ambassadors;
- ensure that citizens can travel across the border without visas or any particular formalities:
- remove all restrictions on free trade and business activities of both sides;
- ensure, on the basis of reciprocity, equal treatment for business subjects from the Federal Republic of Yugoslavia and Bosnia and Hercegovina in respect to the use of road, railway and other traffic and infrastructure facilities;
- encourage the development of long-term economic cooperation and provide special facilities for the opening of economic representative offices and other institutions of importance to the development of economic, cultural, scientific, technical and other forms of cooperation.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 1, V
Ensuring pre-conditions for resolving all outstanding issues in the spirit of peace and cooperation, the Federal Republic of Yugoslavia and Bosnia and Hercegovina will:
- establish mutual diplomatic relations at the level of ambassadors;
- ensure that citizens can travel across the border without visas or any particular formalities:
- remove all restrictions on free trade and business activities of both sides;
- ensure, on the basis of reciprocity, equal treatment for business subjets from the Federal Republic of Yugoslavia and Bosnia and Hercegovina in respect to the use of road, railway and other traffic and infrastructure facilities;
- encourage the development of long-term economic cooperation and provide special facilities for the opening of economic representative offices and other institutions of importance to the development of economic, cultural, scientific, technical and other forms of cooperation.
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: Page 1, V
Ensuring pre-conditions for resolving all outstanding issues in the spirit of peace and cooperation, the Federal Republic of Yugoslavia and Bosnia and Hercegovina will:
- establish mutual diplomatic relations at the level of ambassadors;
- ensure that citizens can travel across the border without visas or any particular formalities:
- remove all restrictions on free trade and business activities of both sides;
- ensure, on the basis of reciprocity, equal treatment for business subjects from the Federal Republic of Yugoslavia and Bosnia and Hercegovina in respect to the use of road, railway and other traffic and infrastructure facilities;
- encourage the development of long-term economic cooperation and provide special facilities for the opening of economic representative offices and other institutions of importance to the development of economic, cultural, scientific, technical and other forms of cooperation.
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: Land, property and environment→Cultural heritage→Promotion
Page 1, V
Ensuring pre-conditions for resolving all outstanding issues in the spirit of peace and cooperation, the Federal Republic of Yugoslavia and Bosnia and Hercegovina will:
- establish mutual diplomatic relations at the level of ambassadors;
- ensure that citizens can travel across the border without visas or any particular formalities:
- remove all restrictions on free trade and Jusiness activities of both sides;
- ensure, on the basis of reciprocity, equal treatment for business subjects from the Federal Republic of Yugoslavia and Bosnia and Hercegovina in respect to the use of road, railway and other traffic and infrastructure facilities;
- encourage the development of long-term economic cooperation and provide special facilities for the opening of economic representative offices and other institutions of importance to the development of economic, cultural, scientific, technical and other forms of cooperation.
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 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: 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: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: Letter dated 7 October 1996 from the Charge d’affaires a.i. of the Permanent Mission of Yugoslavia to the United Nations addressed to the Secretary-General, UN DOC A/51/46-S/1996/830

JOINT DECLARATION

I Presidents Slobodan Milosevic and Alija lzetbegovic are firmly committed to peace and strive for:

lasting stability in Southeast Europe, equality and cooperation of all nations and people.

II They will persist in their efforts to have the time of confrontations and conflicts replaced by the time of cooperation and prosperity.

llI The Federal Republic of Yugoslavia and Bosnia and Hercegovina will resolve all mutual issues in the spirit of good will and understanding.

Achieving and maintaining the atmosphere of good will and understanding assumes that they will refrain, in their bilateral and international relations, from political and legal acts which do not contribute to the development of friendly relations and cooperation.

IV The Federal Republic of Yugoslavia will respect the integrity of Bosnia and Hercegovina in accordance with the Dayton Agreement which affirmed the continuity of various forms of statal organization of Bosnia and Hercegovina that the peoples of Bosnia and Hercegovina had during their history.

Bosnia and Hercegovina accepts the State continuity of the Federal Republic of Yugoslavia.

Both sides agree to resolve issues of succession on the basis of the rules of international law on succession of States and by agreement.

V Ensuring pre-conditions for resolving all outstanding issues in the spirit of peace and cooperation, the Federal Republic of Yugoslavia and Bosnia and Hercegovina will:

- establish mutual diplomatic relations at the level of ambassadors;

- ensure that citizens can travel across the border without visas or any particular formalities:

- remove all restrictions on free trade and business activities of both sides;

- ensure, on the basis of reciprocity, equal treatment for business subjets from the Federal Republic of Yugoslavia and Bosnia and Hercegovina in respect to the use of road.

railway and other traffic and infrastructure facilities;

- encourage the development of long-term economic cooperation and provide special facilities for the opening of economic representative offices and other institutions of importance to the development of economic, cultural, scientific, technical and other forms of cooperation.

VI In order to realize the foregoing objectives the two sides will immediately proceed to the preparation and conclusion of respective agreements

VII The two Presidents express their gratitude to President Jacques Chirac for his hospitality and emphasize the importance of the constructive role played by France and its contribution to the process of strengthening peace and stability in South East Europe.

Paris, 3 October 1996

Slobodan Milosevic, signed Alija lzetbegovic, signed