Agreed Basic Principles signed on 8 September 1995 at Geneva

  • Country/entity

    Bosnia and Herzegovina
    Yugoslavia (former)
  • Region

    Europe and Eurasia
    Europe and Eurasia
  • Agreement name

    Agreed Basic Principles signed on 8 September 1995 at Geneva
  • Date

    8 Sep 1995
  • Agreement status

    Multiparty signed/agreed
  • Interim arrangement

    Yes
  • Agreement/conflict level

    Intrastate/intrastate conflict ( Balkan Conflicts (1991 - 1995) (1998 - 2001) )
  • Stage

    Pre-negotiation/process
  • Conflict nature

    Government/territory
  • Peace process

    Bosnia peace process
  • Parties

    H.E. Mr. Muhamed Sacirbey, Foreign Minister of the Republic of Bosnia and Herzegovina (Bosnia and Herzegovina); H.E. Mr. Mate Granic, Foreign Minister of the Republic of Croatia (Croatia); and H.E. Mr. Milan Milutinovic, Foreign Minister of the Federal Republic of Yugoslavia (Yugoslavia)
  • Third parties

    Witnessed by: representatives of France, Germany, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America, and by the European Union Special Negotiator for the Former Yugoslavia
  • Description

    This short agreement contains principles as basis for talks on ending the war in Bosnia, which includes principles on state configuration, and the division of the state into two entities: the Federation of Bosnia and Herzegovina and the Republica Srpska.


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
    Groups→Refugees/displaced persons→Substantive
    Page 1, 2.4
    The two entities will enter into reciprocal commitments...(b) to adopt and adhere to normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation; and (c) to engage in binding arbitration to resolve disputes between them.

    Page 3.1
    The appointment of a Commission for Displaced Persons authorized to enforce (with assistance from international entities) the obligations of both entities to enable displaced persons to repossess their homes or receive just compensation.
  • 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)
    Page 1, 1.
    Bosnia and Herzegovina will continue its legal existence with its present borders and continuing international recognition.

    Page 1, 2.3
    Both entities will have the right to establish parallel special relationships with neighbouring countries, consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.
  • State configuration
    Page 1, 2.
    Bosnia and Herzegovina will consist of two entities, the Federation of Bosnia and Herzegovina as established by the Washington Agreements, and the Republica Srpska (RS).
  • 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
    Page 1, 1.
    Bosnia and Herzegovina will continue its legal existence with its present borders and continuing international recognition.
  • Cross-border provision
    Page 1, 2.3
    Both entities will have the right to establish parallel special relationships with neighbouring countries, consistent with the sovereignty and territorial integrity of Bosnia and Herzegovina.

Governance

  • Political institutions (new or reformed)

    No specific mention.

  • Elections
    Page 1, 2.4
    The two entities will enter into reciprocal commitments (a) to hold complete elections under international auspices;
  • 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
    Governance→Constitution→Constitutional reform/making
    Page 1, 2.2
    Each entity will continue to exist under its present constitution (amended to accommodate these basic principles).

Power sharing

  • Political power sharing

    No specific mention.

  • Territorial power sharing
    Power sharing→Territorial power sharing→Federal or similar sub-divided government
    Page 1, 2.
    Bosnia and Herzegovina will consist of two entities, the Federation of Bosnia and Herzegovina as established by the Washington Agreements, and the Republica Srpska (RS).

    Page 2, 3.5
    The design and implementation of a system of arbitration for the solution of disputes between the two entities.
    Power sharing→Territorial power sharing→Other
    Page 1, 2.1
    The 51:49 parameter of the territorial proposal of the Contact Group is the basis for a settlement. This territorial proposal is open for adjustment by mutual agreement.
  • 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
    Page 1, 2.4
    The two entities will enter into reciprocal commitments...(b) to adopt and adhere to normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation;
  • 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, 2.4
    The two entities will enter into reciprocal commitments...(b) to adopt and adhere to normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation;
  • Protection measures

    No specific mention.

  • Other

    No specific mention.


Rights institutions

  • NHRI
    Rights institutions→NHRI→New or fundamentally revised NHRI
    Page 1, 3.2
    The establishment of a Bosnia and Herzegovina Human Rights Commission, to enforce the entities’ human rights obligations. The two entities will abide by the Commission’s decisions.
  • 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
    Land, property and environment→Cultural heritage→Promotion
    Page 2, 3.4
    The appointment of a Commission to Preserve National Monuments.
  • 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
    Witnessed by representatives of France, Germany, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America to the United Nations, and by the European Union Special Negotiator for the Former Yugoslavia
  • 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 95/09/08 from the representatives of France, Germany, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland and the United States of America to the United Nations addressed to the Secretary-General (A/50/419), Annex II, pp.5-6
    http://repository.un.org/

Agreed Basic Principles signed on 8 September 1995 at Geneva

Text of principles agreed to Friday at Geneva as the basis for talks on ending the war in Bosnia:

Agreed Basic Principles

1. Bosnia and Herzegovina will continue its legal existence with its present borders and continuing international recognition.

2. Bosnia and Herzegovina will consist of two entities, the Federation of Bosnia and Herzegovina as established by the Washington Agreements, and the Republica Srpska (RS the te).

2.1 The 51:49 parameter ofrritorial proposal of the Contact Group is the basis for a settlement.

This territorial proposal is open for adjustment

by mutual agreement.

2.2 Each entity will continue to exist under its present constitution (amended to accommodate these basic principles).

2.3 Both entities will have the right to establish parallel special relationships with neighbouring countries, consistent with the sovereignty and

territorial integrity of Bosnia and Herzegovina.

2.4 The two entities will enter into reciprocal commitments (a) to hold complete elections under international auspices;

(b) to adopt and adhere to

normal international human rights standards and obligations, including the obligation to allow freedom of movement and enable displaced persons to repossess their homes or receive just compensation;

and (c) to engage in binding arbitration to resolve disputes between them.

3. The entities have agreed in principle to the following:

3.1 The appointment of a Commission for Displaced Persons authorized to enforce (with assistance from international entities) the obligations of both entities to enable displaced persons to repossess their homes or receive just compensation.

3.2 The establishment of a Bosnia and Herzegovina Human Rights Commission, to enforce the entities’ human rights obligations.

The two entities will abide by the Commission’s decisions.

3.3 The establishment of joint Bosnia and Herzegovina public corporations, financed by the two entities, to own and operate transportation and other facilities for the benefit of both entities.

3.4 The appointment of a Commission to Preserve National Monuments.

3.5 The design and implementation of a system of arbitration for the solution of disputes between the two entities.