Further Agreed Basic Principles (additional to those issued 8 September 1995, in Geneva)

  • Country/entity
    Bosnia and Herzegovina
    Yugoslavia (former)
  • Region
    Europe and Eurasia
    Europe and Eurasia
  • Agreement name
    Further Agreed Basic Principles (additional to those issued 8 September 1995, in Geneva)
  • Date
    26 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: the Permanent Representatives of France, Germany, Italy, the Russian Federation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America to the United Nations
  • Description
    This short agreement contains further principles additional to those agreed on 8 September 1995 at Geneva, as basis for talks on ending the war in Bosnia, which includes principles on a future settlement, the division of the state into two entities, establishing institutions, and holding elections.


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→Rhetorical
    Page 1, 5.1
    Both Governments will immediately pledge their full support, starting immediately, for...(b) the right of displaced persons to repossess their property or to 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)

    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)
    Governance→Political institutions (new or reformed)→New political institutions (indefinite)
    Page 1, 6.
    Following the elections, the affairs and prerogatives of Bosnia and Herzegovina will be vested in the following institutions, in accordance with all of the Agreed Basic Principles.

    Page 1, 6.1
    A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.

    Page 1-2, 6.2
    A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.

    Page 2, 6.3
    A cabinet of such ministers as may be appropriate.

    Page 2, 6.6
    The foregoing institutions will have responsibility for the foreign policy of Bosnia and Herzegovina. The parties will negotiate further to determine the extent to which these institutions will also have responsibility for other matters consistent with all of the Agreed Basic Principles.
  • Elections
    Page 1, 5.
    It is the goal that free democratic elections be held in both entities as soon as social conditions permit. In order to maximize the democratic effectiveness of such elections, the following steps will be taken by both entities.

    Page 1, 5.1
    Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement; (b) the right of displaced persons to repossess their property or to receive just compensation; (c) freedom of speech and of the press; and (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.

    Page 1, 5.2
    As soon as possible the Organization for Security and Cooperation in Europe (OSCE) (or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which (a) the obligations listed in all of the Agreed Basic Principles have been fulfilled, and (b) social conditions are being restored to a level at which the election process may be effective.

    Page 1, 5.3
    Within 30 days after the OSCE delegations have concluded that free and democratic elections can be properly held in both entities, the Governments of the two entities will conduct free and democratic elections and will fully cooperate with an international monitoring programme.
  • 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 2, 6.4
    A constitutional court with jurisdiction to decide all questions arising under the Constitution of Bosnia and Herzegovina as it will be revised in accordance with all of the Agreed Basic Principles.

Power sharing

  • Political power sharing
    Power sharing→Political power sharing→Executive coalition
    State level
    Page 1-2, 6.2
    A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.
    Power sharing→Political power sharing→Proportionality in legislature
    State level
    Page 1, 6.1
    A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.
    Power sharing→Political power sharing→Form of 'veto' or communal majority
    State level
    Page 1, 6.1
    A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.

    Page 1-2, 6.2
    A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska. All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament. If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.
  • 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
    Page 1, 5.1
    Both Governments will immediately pledge their full support, starting immediately, for..(d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
  • Bill of rights/similar
    Page 1,
    5.1 Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement; (b) the right of displaced persons to repossess their property or to receive just compensation; (c) freedom of speech and of the press; and (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
  • Treaty incorporation
    Page 1, 4.
    Each of the two entities will honour the international obligations of Bosnia and Herzegovina, as long as the obligation is not a financial obligation incurred by one entity without the consent of the other.

    Page 1, 5.1
    Both Governments will immediately pledge their full support, starting immediately, for...(d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
  • Civil and political rights
    Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
    Page 1, 5.1
    Both Governments will immediately pledge their full support, starting immediately, for...(c) freedom of speech and of the press;
  • Socio-economic rights

    No specific mention.


Rights related issues

  • Citizenship

    No specific mention.

  • Democracy
    Page 1, 5.
    It is the goal that free democratic elections be held in both entities as soon as social conditions permit. In order to maximize the democratic effectiveness of such elections, the following steps will be taken by both entities.

    Page 1, 5.1
    Both Governments will immediately pledge their full support, starting immediately, for... (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.
  • Detention procedures

    No specific mention.

  • Media and communication
    Rights related issues→Media and communication→Media roles
    Page 1, 5.1
    Both Governments will immediately pledge their full support, starting immediately, for...(c) freedom of speech and of the press;
  • Mobility/access
    Page 1, 5.1
    Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement;
  • 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
    Page 2, 6.4
    A constitutional court with jurisdiction to decide all questions arising under the Constitution of Bosnia and Herzegovina as it will be revised in accordance with all of the Agreed Basic Principles.
  • 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

    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
    Page 1, 5.2
    5.2 As soon as possible the Organization for Security and Cooperation in Europe (OSCE)(or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which (a) the obligations listed in all of the Agreed Basic Principles have been fulfilled, and (b) social conditions are being restored to a level at which the election process may be effective.
  • Enforcement mechanism
    Page 1, 5.2
    5.2 As soon as possible the Organization for Security and Cooperation in Europe (OSCE)(or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which (a) the obligations listed in all of the Agreed Basic Principles have been fulfilled and (b) social conditions are being restored to a level at which the election process may be effective.
  • Related cases

    No specific mention.

  • Source
    Letter dated 95/10/31 from the Permanent Representatives of France, Germany, Italy, 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/50/718, S/1995/920), Annex I, pp. 2-3
    http://repository.un.org/

Further Agreed Basic Principles (additional to those signed on 8 September 1995 at Geneva)

4. Each of the two entities will honour the international obligations of Bosnia and Herzegovina, as long as the obligation is not a financial obligation

incurred by one entity without the consent of the other.

5. It is the goal that free democratic elections be held in both entities as soon as social conditions permit.

In order to maximize the democratic

effectiveness of such elections, the following steps will be taken by both entities.

5.1 Both Governments will immediately pledge their full support, starting immediately, for (a) freedom of movement;

(b) the right of displaced persons to repossess their property or to receive just compensation;

(c) freedom of speech and of the press;

and (d) protection of all other internationally recognized human rights in order to enhance and empower the democratic election process.

5.2 As soon as possible the Organization for Security and Cooperation in Europe (OSCE) (or other international organization) will station representatives in all principal towns throughout the Federation and the Republika Srpska in Bosnia and Herzegovina and publish monthly reports as to the degree to which

(a) the obligations listed in all of the Agreed Basic Principles have been fulfilled, and (b) social conditions are being restored to a level at which the

election process may be effective.

5.3 Within 30 days after the OSCE delegations have concluded that free and democratic elections can be properly held in both entities, the Governments of the two entities will conduct free and democratic elections and will fully cooperate with an international monitoring programme.

6. Following the elections, the affairs and prerogatives of Bosnia and Herzegovina will be vested in the following institutions, in accordance with all

of the Agreed Basic Principles.

6.1 A parliament or assembly, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska.

All parliamentary actions will be by majority vote provided that the majority includes at least one third of the votes from each entity.

6.2 A presidency, two thirds of which will be elected from the territory of the Federation, and one third from the territory of the Republika Srpska.

All presidency decisions will be taken by majority vote, provided, however, that if one third or more of the members disagree with a decision taken by the other members and declare that decision to be destructive of a vital interest of the entity or entities from which the dissenting members were elected, the matter will be referred immediately to the appropriate entity’s/entities’ parliament.

If any such parliament confirms the dissenting position by a two-thirds vote, then the challenged decision will not take effect.

6.3 A cabinet of such ministers as may be appropriate.

6.4 A constitutional court with jurisdiction to decide all questions arising under the Constitution of Bosnia and Herzegovina as it will be revised

in accordance with all of the Agreed Basic Principles.

6.5 The parties will negotiate in the immediate future as to further aspects of the management and operation of these institutions.

6.6 The foregoing institutions will have responsibility for the foreign policy of Bosnia and Herzegovina.

The parties will negotiate further to

determine the extent to which these institutions will also have responsibility for other matters consistent with all of the Agreed Basic Principles.